The purpose of this chapter is to ensure public safety, minimize
hazards to persons and property from flooding, to protect watercourses
from encroachment, and to maintain the capability of floodplains to
retain and carry off floodwaters. The Town of West Greenwich elects
to comply with the requirements of the National Flood Insurance Act
of 1968 (P.L. 90-488, as amended), through its authority to adopt
ordinances for the protection of public safety and general welfare
of the community and together with its responsibility to enforce the
State Building Code (R.I.G.L. Chapter 23-27.3) and Appendix G, Flood-Resistant
Construction, conforming to NFIP Title 44 of the Code of Federal Regulations.
The requirements of this chapter shall apply to any construction
or other development which lies wholly or partly within a special
flood hazard area (SFHA).
This chapter shall apply to all special flood hazard areas within
the Town of West Greenwich designated as "Zone A" on the Kent County
Flood Insurance Rate Map (FIRM) and Digital FIRM issued by the Federal
Emergency Management Agency (FEMA) for the administration of the National
Flood Insurance Program. The map panels of the Kent County FIRM that
are wholly or partially within the Town of West Greenwich are Panel
Numbers 44003C0070J and 44003C0090J, effective July 19, 2023; Panels
44003C0185H, 44003C0205H and 44003C0230H, effective April 3, 2020;
Panels 44003C0111H, 44003C0112H and 44003C0116H, effective October
2, 2015; and Panels 44003C0095G, 44003C0113G, 44003C0114G, 44003C0118G,
44003C0210G and 44003C0231G dated December 3, 2010. The exact boundaries
of the district may be defined by the 100-year base flood elevations
shown on the FIRM and further defined by the Kent County Flood Insurance
Study (FIS) report effective July 19, 2023. The FIRM and FIS report,
and any revisions thereto, are incorporated herein by reference, and
are so adopted. The FIRM panels and the FIS are on file with the Town
Clerk, Town Planner, Building Official, and Tax Assessor.
For purposes of this section, "other development" shall be defined
as any action exclusive of that which requires the issuance of a building
permit under the Rhode Island State Building Code. Such other development
shall include, but not necessarily be limited to, the following:
A. Earth, gravel or mineral removal or extraction;
B. Alteration of the topography by cutting, filling or grading;
C. Storage of bulk materials outside of a structure;
D. Construction or placement of facilities or improvements not normally
requiring a building permit.
The degree of flood protection required by this chapter is considered
reasonable but does not imply total flood protection. Larger floods
may occur on rare occasions or flood heights may be increased by man-made
or natural causes. This chapter does not imply that areas outside
SFHAs or land uses permitted within the SHFAs will be free from flooding
or flood damage. This chapter does not create liability on the part
of the Town or any officer or employee thereof for any flood damages
that may result from reliance on this chapter or any administrative
decision lawfully made hereunder.
This chapter shall not in any way impair/remove the necessity
of compliance with any other applicable laws, ordinances, regulations,
etc. Where this chapter imposes a greater restriction, the provisions
of this chapter shall control.
Unless specifically defined below, words and phrases used in
this chapter pertain to floodplain management and have the same meanings
as they have in common usage and to give this chapter its most reasonable
application. As used in this chapter, the following terms shall have
the meanings indicated:
ACCESSORY STRUCTURE
A structure which is on the same parcel of property as the
principal structure to be insured and the use of which is incidental
to the use of the principal structure.
BASE FLOOD
The flood having a 1% chance of being equaled or exceeded
in any given year, also referred to as the "100-year flood," as published
by the Federal Emergency Management Agency (FEMA) as part of a Flood
Insurance Study (FIS) and depicted on a Flood Insurance Rate Map (FIRM).
BASE FLOOD ELEVATION (BFE)
The elevation of the crest of the base flood or 100-year
flood; the height, as established in relation to the North American
Vertical Datum (NAVD) of 1988 (or other datum where specified), in
relation to mean sea level expected to be reached by the waters of
the base flood at pertinent points in the floodplains of coastal and
riverine areas.
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
COST
As related to substantial improvements, the cost of any reconstruction,
rehabilitation, addition, alteration, repair or other improvement
of a structure shall be established by a detailed written contractor's
estimate. The estimate shall include, but not be limited to: the cost
of materials (interior finishing elements, structural elements, utility
and service equipment); sales tax on materials, building equipment
and fixtures, including heating and air conditioning and utility meters;
labor; built-in appliances; demolition and site preparation; repairs
made to damaged parts of the building worked on at the same time;
contractor's overhead; contractor's profit; and grand total.
Items to be excluded include: cost of plans and specifications, survey
costs, permit fees, costs to correct code violations subsequent to
a violation notice, outside improvements, such as septic systems,
water supply wells, landscaping, sidewalks, fences, yard lights, irrigation
systems, and detached structures, such as garages, sheds, and gazebos.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to the construction of buildings or structures;
the construction of additions, alterations or substantial improvements
to buildings or structures; the placement of buildings or structures;
mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment; the storage, deposition, or extraction
of materials; and the installation, repair or removal of public or
private sewage disposal systems or water supply facilities.
FLOOD INSURANCE RATE MAP (FIRM)
The official map of a community on which the Federal Emergency
Management Agency (FEMA) has delineated both the special flood hazard
areas (100-year floodplain) and the insurance risk-premium zones applicable
to a community. FIRMs published after January 1990 may also show the
limits of the regulatory floodway.
FLOOD INSURANCE STUDY (FIS)
The official study of a community in which the Federal Emergency
Management Agency (FEMA) has conducted a technical engineering evaluation
and determination of local flood hazards, flood profiles and water
surface elevations. The Flood Insurance Rate Maps (FIRM), which accompany
the FIS, provide both flood insurance rate zones and base flood elevations,
and may provide the regulatory floodway limits.
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from either the overflow of
inland or tidal waters or the unusual and rapid accumulation or runoff
of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot. For the purposes of these regulations, the term "regulatory
floodway" is synonymous in meaning with the term "floodway."
FREEBOARD
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization of the watershed.
FUNCTIONALLY DEPENDENT USE OR FACILITY
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, shipbuilding and ship
repair facilities.
HIGHEST ADJACENT GRADE (HGA)
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
B.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historic significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
C.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
D.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
Directly by the Secretary of the Interior in states without
approved programs.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement).
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term also includes park trailers, travel trailers, recreational vehicles
and other similar vehicles or transportable structures placed on a
site for 180 consecutive days or longer and intended to be improved
property.
MARKET VALUE
The price of a structure upon which a willing buyer and seller
agree. This can be determined by an independent appraisal by a professional
appraiser; the property's tax assessment, minus land value; the
replacement cost minus depreciation of the structure; the structure's
actual cash value.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of an initial FIRM or after December
31, 1974, whichever is later, and includes any subsequent improvements
to such structures. For floodplain management purposes, "new construction"
means structures for which the start of construction commenced on
or after the effective date of a floodplain management regulation
adopted by a community and includes any subsequent improvements to
such structures.
RECREATIONAL VEHICLE
A vehicle which is:
A.
Built on a single chassis;
B.
Four hundred square feet or less when measured at the largest
horizontal projection;
C.
Designed to be self-propelled or permanently towable by a light-duty
truck; and
D.
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
SPECIAL FLOOD HAZARD AREA (SFHA)
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in any given year. SFHAs are determined
utilizing the base flood elevations (BFE) provided on the flood profiles
in the Flood Insurance Study (FIS) for a community. BFEs provided
on a Flood Insurance Rate Map (FIRM) are only approximate (rounded
up or down) and should be verified with the BFEs published in the
FIS for a specific location. SFHAs include, but are not necessarily
limited to, the land shown as Zones A, A1-30, AE, AO, AH, and the
coastal high-hazard areas shown as Zones V, V1-30, and VE on a FIRM.
The SFHA is also called the "area of special flood hazard."
START OF CONSTRUCTION
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial
improvement and means the date the building permit was issued, provided
that the actual start of construction, repair, reconstruction, rehabilitation,
addition placement, substantial improvement or other improvement was
within 180 days of the permit date. The "actual start" means either
the first placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the stage of
excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erections of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the "actual start of construction" means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
STRUCTURE
A walled and roofed building which is principally above ground,
including a manufactured home, a gas or liquid storage tank, or other
man-made facilities or infrastructures.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its predamaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
SUBSTANTIAL IMPROVEMENT
Any combination of repairs, reconstruction, rehabilitation,
alterations, additions or other improvements to a structure, taking
place within any twelve-month period, in which the cumulative cost
equals or exceeds 50% of the market value of the structure (R.I.G.L.
§ 23-27.3-106.1). This term includes structures that have
incurred substantial damage, regardless of the actual repair work
performed. For purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
A.
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
B.
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
VARIANCE
A grant of relief by a community from the terms of the floodplain
management ordinance that allows construction in a manner otherwise
prohibited and where specific enforcement would result in unnecessary
hardship.
VIOLATION
Failure of a structure or other development to be fully compliant
with the community's floodplain management ordinance. A structure
or other development without required permits, lowest floor elevation
documentation, floodproofing certificates or required floodway encroachment
calculations is presumed to be in violation until such time as that
documentation is provided.
The following structures and/or activities are exempt from the
permit requirements of this chapter: mail boxes, planting a garden,
farming, flag poles, or other minor projects that will not affect
flood flows, such as reroofing or replacement of siding on an existing
structure.
Any party aggrieved by a decision of the Building Official or
designee pertaining to enforcement of these provisions shall have
the right to appeal that decision to the State of Rhode Island Building
Code Standards Board of Review.