[Amended 6-18-2013 by Ord. No. 2013-11]
The purpose of this chapter is to ensure public safety, to 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.
[Amended 6-18-2013 by Ord. No. 2013-11]
A. The Town
elects to comply with the requirements of the National Flood Insurance
Act of 1968 (P.L. 90-488, as amended). The National Flood Insurance
Program, established in the aforesaid act, provides that areas of
the Town having a special flood hazard be identified by the Federal
Emergency Management Agency and that floodplain management measures
be applied in such flood hazard areas. The requirements of this chapter
shall apply to any construction or other development which lies wholly
or partly within an area of special flood hazard, as identified as
Zone A, AE, AH, AO, A1-30, A99, on the Flood Insurance Rate Map and
Flood Hazard Boundary Map prepared by the Federal Emergency Management
Agency dated March 2, 2008, and maps revised September 18, 2013. Said
flood map, including any amendments adopted after the date hereof,
is hereby made part of this chapter. The exact boundaries of the district
may be defined by the one-hundred-year base flood elevations shown
on the FIRM and further defined by the Flood Insurance Study booklet
revised March 2, 2008, and September 18, 2013, Map Index 44007CINDOC
and Map 44007CO194H.
(1) FEMA received no valid request for changes in the FHDs. Therefore, the determination of the Agency as to the FHDs for your community is considered final. The final FHDs will be published in the Federal Register as soon as possible. The modified FHDs and revised map panels, as referenced above, will be effective as of October 2, 2015, and revise the FIRM that was in effect prior to that date. For insurance rating purposes, the community number and new suffix code for the panels being revised are indicated on the maps and must be used for all new policies and renewals. The Town of Lincoln, Rhode Island, hereby amends Chapter
129, Flood Hazard Area, September 15, 2015, to include any and all changes to map index 44007CINDoc and panels listed below: 0176, 0177, 0178, 0179, 0183, 0186, 0187, 0188, 0189, 0191, 0192, 0193, 0194, 0302.
[Added 9-15-2015 by Ord. No. 2015-07]
B. The degree
of flood protection required by this chapter is considered reasonable
but does not imply total flood protection. If any section, provision,
or portion of this chapter is adjudged unconstitutional or invalid
by a court, the remainder of the chapter shall control.
C. For the
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:
(1) Earth,
gravel or mineral removal or extraction.
(2) Alteration
of the topography by cutting, filling or grading.
(3) Storage
of bulk materials outside of a structure.
(4) Construction
or placement of facilities or improvements not normally requiring
a building permit.
D. The requirements
set forth in this chapter shall be in addition to any applicable requirements
in this chapter and in any other regulation which may be applicable.
Unless specifically defined below, words and phrases used in
this chapter pertaining to floodplain management have the same meanings
as they have in common usage and to give this chapter it's 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.
[Amended 6-18-2013 by Ord. No. 2013-11]
AREA OF SHALLOW FLOODING (for a community with AO or AH Zones
only)
A designated AO, AH, AR/AO or AR/AH Zone on a community's
Flood Insurance Rate Map (FIRM), with a one-percent or greater annual
chance of flooding to an average depth of one to three feet, where
a clearly defined channel does not exist, where the path of flooding
is unpredictable, and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year, also referred to as the "one-hundred-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 one-hundred-year
flood; the height 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.
BUILDING
See the definition for "structure."
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; and 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.
DRY FLOODPROOFING
Any combination of structural and nonstructural protection
measures incorporated in a building that is not elevated above the
base flood elevation that keeps water from entering the building to
prevent or minimize flood damage. Note: For insurance purposes, a
dry floodproofed, nonresidential structure is rated based on the elevation
of its lowest floor, unless it is floodproofed to one foot above the
BFE.
EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
A manufactured home park or manufactured home subdivision
for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including, as a minimum,
the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed before
the effective date of the floodplain management regulations adopted
by a community.
FINISHED LIVING SPACE
Fully enclosed areas below the base flood elevation (BFE)
that are not considered a basement cannot have finished living space
and need to be designed to be exposed to flood forces. These spaces
can only be used for parking, building access or limited storage.
Finished living space can include but is not limited to a space that
is heated and/or cooled, contains finished floors (tile, linoleum,
hardwood, etc.), has sheetrock walls that may or may not be painted
or wallpapered, and other amenities such as furniture, appliances,
bathrooms, fireplaces and other items that are easily damaged by floodwaters
and expensive to clean, repair or replace.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
The official map of a community on which the Federal Emergency
Management Agency (FEMA) has delineated the limits of the regulatory
floodway and one-hundred-year floodplain.
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.
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 (one-hundred-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.
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.
[Added 9-15-2015 by Ord. No. 2015-07]
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.
[Added 9-15-2015 by Ord. No. 2015-07]
FUNCTIONALLY DEPENDENT USE OR FACILITY
A use or facility 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, and shipbuilding
and ship repair facilities. The term does not include seafood-processing
facilities, long-term storage, manufacturing, sales or service facilities.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually on 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).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building acess or storage in an area other than a basement
area is not considered a building's lowest floor; provided that such
enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of 44 CFR 60.3.
[Amended 9-15-2015 by Ord. No. 2015-07]
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 that a willing buyer and seller
agree upon. 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;
or the structure's actual cash value.
MEAN SEA LEVEL (MSL)
The average height of the sea for all stages of the tide,
usually determined from hourly height observations over a nineteen-year
period on an open coast or in adjacent waters having free access to
the sea; the National Geodetic Vertical Datum (NGVD) of 1929 or North
American Vertical Datum (NAVD) of 1988 to which base flood elevations
shown on a community Flood Insurance Rate Map (FIRM) are referenced.
NEW CONSTRUCTION
Structures for which the "start of construction" commenced
on or after the effective date of floodplain regulations, and includes
any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
A manufactured home park or manufactured home subdivision
for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including, at a minimum,
the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed on
or after the effective date of floodplain regulations adopted by the
community.
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
a temporary living quarters for recreational, camping, travel, or
seasonal use.
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
SPECIAL FLOOD HAZARD AREA (SFHA)
The land in the floodplain within a community subject to
a one-percent 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 Flood Insurance Rate Maps (FIRMs) 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 and AH 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 a 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 in include excavation for a basement,
footings, piers, or foundations or the erection 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.
A walled and roofed building which
is principally aboveground, including a manufactured home, a gas or
liquid storage tank, or other man-made facilities or infrastructures.
B.
For floodplain management purposes,
a walled and roofed building, including a gas or liquid storage tank,
that is principally aboveground, as well as a manufactured home.
[Added 9-15-2015 by Ord. No. 2015-07]
C.
For insurance purposes, means:
(1)
A building with two or more outside
rigid walls and a fully secured roof, that is affixed to a permanent
site;
(2)
A manufactured home ("a manufactured
home," also known as a mobile home, is a structure, built on permanent
chassis, transported to its site in one or more sections, and affixed
to a permanent foundation); or
(3)
A travel trailer without wheels,
built on a chassis and affixed to a permanent foundation, that is
regulated under the community's floodplain management and building
ordinance or laws.
(4)
For the latter purpose, "structure"
does not mean recreational vehicle or a park trailer or other similar
vehicle, except as described in Subsection C(3) of this definition,
or a gas or liquid storage tank.
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 during a ten-year period, in which the cumulative cost equals
or exceeds 50% of the market value of the structure as determined
at the beginning of such ten-year period. 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 complaint
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.
WATER SURFACE ELEVATION
The height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 or NAVD 1988, of floods of various magnitudes
and frequencies in the floodplains of coastal or riverine areas.
WET FLOODPROOFING
Measures designed to minimize damage to a structure or its
contents by water that is allowed into a building.
The following standards shall apply to any construction or other development located wholly or partly within an area of special flood hazard, as defined in §
129-2. Please also refer to the current Rhode Island State Building Code, One- and Two-Family Dwelling Code, Plumbing Code, Mechanical Code, and Electrical Code for state standards.
A. No watercourse may be altered in a manner which will, in the opinion
of the Building Official or designee, result in any decrease in the
capacity of the watercourse; and no land shall be graded or altered
in such a manner as to increase the base flood elevation within the
Town of Lincoln. Where any alteration is permitted by the Rhode Island
Department of Management (RIDEM), the Building Official or designee
will notify the adjacent communities, the Rhode Island Statewide Planning
Program and the Federal Emergency Management Agency. NFIP RI EMA.
[Amended 9-15-2015 by Ord. No. 2015-07]
B. In a regulatory floodway, any encroachment is prohibited which would
cause any increase in the base flood level, unless hydrologic and
hydraulic analyses prove that the proposed encroachment would not
increase flood levels during the base flood discharge.
C. The filling or excavation of land may be permitted only under the
following conditions:
(1) Said action will not encroach upon a watercourse.
(2) Said action will not result in an increase in the potential flood
level. Where it is determined that said action may result in an increase
in the potential flood level, the Building Official or designee shall
require appropriate measures to offset the potential increase. Adequate
drainage shall be provided so as to reduce the exposure of the site
or any other land to flood hazard, consistent with any requirements
and/or permits from RIDEM.
D. No outdoor storage of materials or equipment which is likely to cause
damage to property, create a potential obstruction to floodwaters,
create a potential fire hazard or pollute the waters during flood
periods shall be permitted in any special flood hazard area. Such
materials or equipment shall include but not necessarily be limited
to: lumber and other buoyant materials, water-soluble materials, volatile
or flammable materials, acids or poisons.
E. Provision shall be made for anchoring facilities, equipment or yard
features which are capable of movement or flotation in floodwaters.
Such items shall include but shall not necessarily be limited to:
fences, sheds, animal shelters, tanks, storage boxes, planters, vehicles,
boats and other items normally positioned or stored on a site outside
of a structure.
F. The use of flood-resistant materials shall be used for structures within an area of special flood hazard as defined in §
129-2.
G. Construction methods and practices shall be used that minimize flood
damage.
H. Electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities shall be designed and/or located to prevent
water entry or accumulation.
I. On-site waste disposal systems shall be designed to avoid impairment
or contamination of the floodway.
J. New and replacement water supply and sanitary sewage systems shall
be designed to minimize or eliminate infiltration.
K. Base flood elevation data is required for subdivision proposals or
other development greater than 50 lots or five acres.