As used in this chapter, the following terms shall have the
meanings indicated:
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.
A designated AO, AH, AR/AO, AR/AH or VO 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 foot 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.
See definition for "special flood hazard area."
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).
The elevation of the crest of the base flood or one-percent
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.
Any area of the building having its floor subgrade (below
ground level) on all sides.
See definition for "structure."
The Town Engineer and/or the Town Zoning Enforcement Officer.
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.
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.
A manufactured home park or manufactured home subdivision
for which the construction of facilities for servicing the lots on
which the manufactured home 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 within floodplain management ordinance.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
The federal agency that administers the National Flood Insurance
Program (NFIP).
The official map of a community on which the Federal Emergency
Management Agency (FEMA) has delineated both the special flood hazard
areas (one-percent floodplain) and the insurance risk premium zones
applicable to a community. FIRM published after January 1990 may also
show the limits of the regulatory floodway.
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.
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.
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.
Any construction material that is capable of withstanding
direct and prolonged contact with floodwaters without sustaining any
damage that requires cosmetic repair. [NOTE: See NFIP Technical Bulletin
No. 2, Flood Damage-Resistant Materials Requirement.)
[Added 7-11-2023 by Ord. No. 2023-1]
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 (1) foot. For the purposes of these regulations, the term "regulatory
floodway" is synonymous in meaning with the term "floodway."
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 ship building
and ship repair facilities. The term does not include seafood processing
facilities, long-term storage, manufacturing, sales or service facilities.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
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;
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;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The lowest floor of the lowest enclosed area (including basement).
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 "manufactured home" does not include a "recreational vehicle."
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.
Market value is 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;
the structure's actual cash value.
For floodplain management purposes, new construction includes
new structures or any structural improvements to existing structures
for which the start of construction commenced on or after the effective
date of the within floodplain management ordinance adopted by the
Town and includes any subsequent improvements to such structures.
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.
A vehicle which is: a) built on a single chassis; b) 400
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.
See definition for "floodway."
See definition for "area of shallow flooding."
The land in the floodplain within the Town 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 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, V 1-30, and VE on a FIRM. The
SFHA is also called the "area of special flood hazard."
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. 97-348),[1] includes substantial improvement and means the date the
building permit was issued, provided 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 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.
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.
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its pre-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
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:
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
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
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.
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.
[1]
Editor's Note: See 16 U.S.C. § 3501 et seq.
