[HISTORY: Adopted by the Town Council of the Town of Smithfield 10-2-2015 by Ord. No. 2015-05.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Boats and waterways — See Ch. 145.
Building construction — See Ch. 154.
Hazardous wastes — See Ch. 215.
Soil erosion and sediment control — See Ch. 299.
Subdivision of land — See Ch. 316.
[1]
Editor's Note: This ordinance superseded former Ch. 204,
Flood Fringe Lands and Special Flood Hazard Areas, adopted 1-20-2009.
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 Smithfield, Rhode Island,
elects to comply with the requirements of the National Flood Insurance
Act of 1968 (P.L. 90-488, as amended).[1]
[1]
Editor's Note: See 42 U.S.C. § 4001 et seq.
A.Â
Special flood hazard areas. The special flood hazard areas are herein
established as a floodplain overlay district. The district includes
all special flood hazard areas within the Town of Smithfield, Rhode
Island, designated as Zone A, AE, AH, AO or A99 on the Providence
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 Providence
County FIRM that are wholly or partially within the Town of Smithfield
are panel numbers 44007C0160G, 44007C0164G, 44007C0165G, 44007C0178G,
44007C0186G, 44007C0277G, 44007C0281G and 44007C0282G, dated March
2, 2009; panel number 44777CIND0C, dated September 18, 2013; and panel
numbers 44007C0166H, 44007C0167H, 44007C0168H, 44007C0169H, 44007C0188H,
44007C0189H, 44007C0301H and 44007C0302H, dated October 2, 2015. 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
Providence County Flood Insurance Study (FIS) report 44007CC001C,
dated October 2, 2015. The office of the Town Engineer is responsible
for floodplain management. The FIRM and FIS report and any revisions
thereto are incorporated herein by reference and are on file with
the Town Engineer.
B.Â
Administrative provisions.
(1)Â
Building permit.
(a)Â
All proposed construction or other development within a special
flood hazard area shall require a permit.
(b)Â
The National Flood Insurance Program special flood hazard area
requires permits for all projects that meet the definition of "development,"
not just "building" projects. Development projects include any filling,
grading, excavation, mining, drilling, storage of materials, or temporary
stream crossings. If the construction or other development within
a special flood hazard area is not covered by a building permit, all
other nonstructural activities shall be permitted by either the Rhode
Island Coastal Resources Management Council and/or the Rhode Island
Department of Environmental Management as applicable. Therefore, if
another state agency issues a permit, the local Building Official
must have the opportunity for input and keep a copy of the respective
permit in his/her files.
(c)Â
Prior to the issuance of a building or development permit, the
applicant shall submit evidence that all necessary permits and approvals
have been received from all government agencies from which approval
is required by federal or state law. A permit fee (based on the cost
of the construction) may be required to be paid to the Town of Smithfield,
and a copy of a receipt for the same shall accompany the application.
An additional fee may be charged if the Code Enforcement Officer and/or
Board of Appeals needs the assistance of a professional engineer.
(2)Â
Disclaimer of liability. The degree of flood protection required
by this chapter is considered reasonable but does not imply total
flood protection.
(3)Â
Severability. If any section, provision, or portion of this chapter
is adjudged unconstitutional or invalid by a court, the remainder
of the chapter shall not be affected.
(4)Â
Abrogation and greater restriction. 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.
(5)Â
Enforcement. The Building Official shall enforce all provisions as
applicable in reference to R.I.G.L. § 23-27.3-108.1.
(6)Â
Penalties. Every person who shall violate any provision of this code
shall be subject to penalties put forth in R.I.G.L. § 23-27.3-122.3.
A.Â
Reference to existing regulations.
(1)Â
The special flood hazard areas are established as a floodplain overlay
district. All development in the district, including structural and
nonstructural activities, whether permitted by right or by special
permit, must be in compliance with the following:
(a)Â
Rhode Island State Building Code (as established under R.I.G.L.
§ 23-27.3);
(b)Â
Coastal Resources Management Act, Rhode Island Coastal Resources
Management Council (R.I.G.L. § 46-23);
(c)Â
Endangered Species Act, Rhode Island Department of Environmental
Management (R.I.G.L. § 20-1-2);
(d)Â
Freshwater Wetlands Act, Rhode Island Department of Environmental
Management (R.I.G.L. § 2-1-18);
(e)Â
Minimum Standards Related to Individual Sewage Disposal Systems,
Rhode Island Department of Environmental Management (R.I.G.L. §§ 5-56,
5-56.1, 23-19.15, 23-19.5, 23-24.3, 42-17.1, and 46-13.2);
(f)Â
Water Quality Regulations, Rhode Island Department of Environmental
Management (R.I.G.L. §§ 42-17.1, 42-17.6 and 46-12).
(2)Â
Any variances from the provisions and requirements of the above-referenced
state regulations may only be granted in accordance with the required
variance procedures of these state regulations.
B.Â
Other use regulations.
(1)Â
Within Zones AH and AO on the FIRM, adequate drainage paths must
be provided around structures on slopes to guide floodwaters around
and away from proposed structures.
(2)Â
Within Zones AO on the FIRM, new and substantially improved residential
structures shall have the top of the lowest floor at least as high
as the FIRM's depth number above the highest adjacent grade,
and nonresidential structures shall be elevated or floodproofed above
the highest adjacent grade to at least as high as the depth number
on the FIRM. On FIRMs without a depth number for the AO Zone, structures
shall be elevated or floodproofed to at least two feet above the highest
adjacent grade.
(3)Â
In Zones A1-30 and AE, along watercourses that have a regulatory
floodway designated on the Town of Smithfield, County of Providence,
FIRM, encroachments are prohibited in the regulatory floodway which
would result in any increase in flood levels within the community
during the occurrence of the base flood discharge.
(5)Â
Detached accessory structures in Zones A, AE, A1-30, AO, and AH (i.e.,
garages, sheds) do not have to meet the elevation or dry floodproofing
requirement if the following standards are met:
(a)Â
The structure has a value less than $1,000.
(b)Â
The structure has unfinished interiors and must not be used
for human habitation. An apartment, office or other finished space
over a detached garage is considered human habitation and would require
the structure to be elevated.
(c)Â
The structure is not in the floodway.
(d)Â
The structure is not used for storage of hazardous materials.
(e)Â
The structure is used solely for parking of vehicles and/or
limited storage.
(f)Â
The accessory must be wet floodproofed and designed to allow
for the automatic entry and exit of floodwater.
(g)Â
The accessory structure shall be firmly anchored to prevent
flotation, collapse and lateral movement.
(h)Â
Service facilities such as electrical, mechanical and heating
equipment must be elevated or floodproofed to or above the base flood
elevation.
(i)Â
The structure must not increase the flood levels in the floodway.
(6)Â
Existing contour intervals of site and elevations of existing structures
must be included on the plan proposal.
(7)Â
No person shall change from business/commercial to residential use
of any structure or property located in the floodway of a special
flood hazard area so as to result in a use or expansion that could
increase the risk to the occupants.
(8)Â
The space below the lowest floor shall be:
(a)Â
Free of obstructions as described in FEMA Technical Bulletin
5, "Free of Obstruction Requirements for Buildings Located in Coastal
High Hazard Area in Accordance with the National Flood Insurance Program";
or
(b)Â
Constructed with open wood latticework, or insect screening
intended to collapse under wind and water without causing collapse,
displacement, or other structural damage to the elevated portion of
the building or supporting piles or columns; or
(c)Â
Designed with an enclosed area less than 300 square feet that
is constructed with nonsupporting breakaway walls that have a design
safe loading resistance of not less than 10 or more than 20 pounds
per square foot.
C.Â
Base flood elevation and floodway data.
(1)Â
Floodway data. In Zones A, A1-30, and AE, along watercourses that
have not had a regulatory floodway designated, the best available
federal, state, local, or other floodway data shall be used to prohibit
encroachments in floodways which would result in any increase in flood
levels within the community during the occurrence of the base flood
discharge.
(2)Â
Base flood elevation data. Base flood elevation data is required
for subdivision proposals or other developments greater than 50 lots
or five acres, whichever is the lesser, within unnumbered A Zones.
(3)Â
Base flood elevations in A Zones. In the absence of FEMA BFE data
and floodway data, the best available federal, state, local, or other
BFE or floodway data shall be used as the basis for elevating residential
and nonresidential structures to or above the base flood level and
for floodproofing nonresidential structures to or above the base flood
level.
Unless specifically defined below, words and phrases used in
this chapter pertain to floodplain management and have the same meaning
as they have in common usage and to give this chapter its most reasonable
application.
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.
(For a community with AO or AH Zones only.) 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 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.
The elevation of the crest of the base flood or one-hundred-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.
Any area of a building having its floor subgrade (below ground
level) on all sides.
See definition for "structure."
An area within a special flood hazard area, landward of a
V Zone or landward of an open coast without mapped V Zones. The principal
source of flooding must be astronomical tides, storm surges, seiches,
or tsunamis, not riverine flooding. During the base flood conditions,
the potential for breaking wave heights shall be greater than or equal
to 1.5 feet.
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 other
structures, mining, dredging, filling, grading, paving, excavation
or drilling operations or storage of equipment or materials.
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.
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 Insurance
Administrator has delineated both the special hazard areas and the
risk premium zones applicable to the community. A FIRM that has been
made available digitally is called a "Digital Flood Insurance Rate
Map (DFIRM)."
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 (FIRMs), 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.
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
a designated height. For the purposes of these regulations, the term
"regulatory floodway" is synonymous in meaning with the term "floodway."
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.
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, and shipbuilding and
ship repair facilities.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a 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.
An advisory line indicating the limit of the 1.5-foot wave
height during the base flood.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access 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 § 60.3.[1]
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;
and the structure's actual cash value.
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.
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."
(For a community with AO, AH, or VO Zones only.) See definition
for "area of shallow flooding."
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. After
detailed ratemaking has been completed in preparation for publication
of the Flood Insurance Rate Map, Zone A usually is refined into Zones
A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A,
VO, or V1-30, VE or V. For purposes of these regulations, the term
"special flood hazard area" is synonymous in meaning with the phrase
"area of special flood hazard."
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. 97-348),[2] 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.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
For insurance purposes:
A building with two or more outside rigid walls and a fully
secured roof that is affixed to a permanent site;
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
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 ordinances or laws.
For the latter purpose, "structure" does not mean a recreational vehicle or a park trailer or other similar vehicle, except as described in Subsection B(3) of this definition, or a gas or liquid storage tank.
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition or other improvements
to a structure, the cost of which equals or exceed 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include:
Any project 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 the 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. Construction
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.
A.Â
Except where construction is covered by a building permit or by approval
from the Smithfield Planning Board of a subdivision plat or land development
project, any other development shall require the issuance of a development
permit by the Building Official or designee. Said permit shall be
in a form authorized by the Town Council.
B.Â
The application for a flood hazard development permit shall be submitted
to the Code Enforcement Officer and shall include:
(1)Â
The name and address of the applicant;
(2)Â
An address or a map indicating the location of the construction site;
(3)Â
A site plan showing the location of existing and proposed structures,
sewage disposal facilities, water supply facilities, areas to be cut
and filled, and the dimensions of the lot;
(4)Â
A statement of the intended use of the structure;
(5)Â
A statement as to the type of sewage system proposed;
(6)Â
Specification of dimensions of the proposed structures;
(7)Â
The elevation (in relation to mean sea level) of the lowest floor,
including basement, and if the lowest floor is below grade on one
or more sides, the elevation of the floor immediately above;
(8)Â
Base flood elevation data for all new, relocated or substantially
improved structures;
(9)Â
The elevation (in relation to mean sea level) to which the structure
will be floodproofed;
(10)Â
The description of the extent to which any watercourse will
be altered or relocated as a result of the proposed development.
C.Â
Prior to the issuance of a building or development permit, the applicant
shall submit evidence that all necessary permits and approvals have
been received from all government agencies from which approval is
required by federal or state law.
A permit fee (based on the cost of the construction) may be
required to be paid to the Town of Smithfield, and a copy of a receipt
for the same shall accompany the application. An additional fee may
be charged if the Code Enforcement Officer and/or Board of Appeals
needs the assistance of a professional engineer.
The Building Official, Town Engineer or designee shall:
A.Â
Review all applications for flood hazard development permits to determine that all pertinent requirements as described in § 204-6B have been or will be met;
B.Â
Utilize, in the review of all flood hazard development permit applications, the base flood data contained in the "Flood Insurance Study — Town of Smithfield, Rhode Island, Providence County," as described in § 204-5;
C.Â
Make interpretations of the location of boundaries of special flood hazard areas shown on maps described in § 204-5;
D.Â
In A Zones, in the absence of FEMA BFE data and floodway data, obtain,
review, and reasonably utilize other BFE and floodway data as a basis
for elevating residential structures to or above the base flood level,
and for floodproofing or elevating nonresidential structures to or
above the base flood level;
E.Â
In review of flood hazard development permit applications, determine
that all necessary permits have been obtained from those federal,
state and local government agencies from which prior approval is required;
F.Â
Notify adjacent municipalities, the State Department of Environmental
Management and the State Bureau of Civil Emergency Preparedness prior
to any alteration or relocation of a watercourse and submit copies
of such notifications to the Federal Emergency Management Agency and
maintain the carrying capacity of the altered watercourse; and
G.Â
Maintain, as a permanent record, copies of all flood hazard development
permits issued and data relevant thereto, including reports of the
Zoning Board of Review on variances.
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 § 204-5. 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.Â
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 Smithfield. Where any alteration is permitted, the Building
Official or designee will notify the adjacent communities, the Rhode
Island Statewide Planning Program and the Federal Emergency Management
Agency.
B.Â
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.Â
The filling or excavation of land may be permitted only under the
following conditions:
(1)Â
Said action will not encroach upon a watercourse.
(2)Â
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.
D.Â
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.Â
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.Â
The use of flood-resistant materials shall be used for structures within an area of special flood hazard as defined in § 204-5.
G.Â
Construction methods and practices shall be used that minimize flood
damage.
H.Â
Electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities shall be designed and/or located to prevent
water entry or accumulation.
I.Â
On-site waste disposal systems shall be designed to avoid impairment
or contamination of the floodway.
J.Â
New and replacement water supply and sanitary sewage systems shall
be designed to minimize or eliminate infiltration.
K.Â
Base flood elevation data are required for subdivision proposals
or other development greater than 50 lots or five acres.
A.Â
Construction standards in special flood hazard areas (SFHAs), Zones
A, A1-30 and AE.
(1)Â
Residential construction. All new construction, substantial improvements,
and repairs to structures that have sustained substantial damage shall
have the bottom of the lowest floor, including basement, elevated
to or above the base flood elevation (BFE).
(2)Â
Nonresidential construction. All new construction, substantial improvements,
and repair to structures that have sustained substantial damage which
are commercial, industrial or nonresidential structures shall:
(a)Â
Have the bottom of the lowest floor, including basement, elevated
to or above the base flood elevation (BFE); or
(b)Â
In lieu of being elevated, nonresidential structures may be
dry floodproofed to one foot above the BFE, provided that together
with all attendant utilities and sanitary facilities the areas of
the structure below the required elevation are watertight with walls
substantially impermeable to the passage of water, and provided that
such structures are composed of structural components having the capability
of resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy. A Rhode Island registered professional engineer or architect
shall review and/or develop structural design specifications and plans
for the construction and shall certify that the design and methods
of construction are in accordance with acceptable standards of practice
or meet the provisions of this section. Such certification shall be
provided to the Building Official or designee.
(3)Â
Fully enclosed areas below base flood elevation of elevated buildings. All new construction, substantial improvements, or repair of substantial damage to residential or nonresidential structures that include fully enclosed areas formed by a foundation and other exterior walls below the base flood elevation (BFE) of an elevated building shall be designed to preclude finished living space and be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls (wet floodproofing). Designs for complying with this requirement must either be certified by a Rhode Island registered professional engineer or architect, or meet the following minimum criteria listed in Subsections A(3)(a) through (g) below:
(a)Â
Provide a minimum of two openings (hydraulic flood vents) having
a total net area of not less than one square inch for every one square
foot of enclosed area subject to flooding. These hydraulic openings
must be located on at least two different walls. Only the area (square
footage) that lies below the BFE can be used in the calculation of
net area of vents required;
(b)Â
The bottom of all openings shall be no higher than one foot
above grade. At least one side of the structure's fully enclosed
area must be at or above grade. Fill placed around the foundation
walls must be graded so that the elevation inside the enclosed area
is equal to or higher than the adjacent outside elevation on at least
one side of the building. The foundation slab of a residential structure,
including the slab of a crawl space, must be set equal to the outside
finished grade on at least one side of the building;
(c)Â
The openings may be equipped with screens, louvers, valves or
other coverings or devices, provided they permit the automatic entry
and exit of floodwaters in both directions without any external influence
or control such as human intervention, including the use of electrical
and other nonautomatic mechanical means. Other coverings may be designed
and certified by an engineer or approved by the Building Official
or designee;
(d)Â
The area cannot be used as finished living space. Use of the
enclosed area shall be the minimum necessary and shall only be used
for the parking of vehicles, building access or limited storage. Access
to the enclosed area shall be the minimum necessary to allow for the
parking of vehicles (garage door) or limited storage of maintenance
equipment used in connection with the premises (standard exterior
door) or entry to the living area (stairway or elevator). The enclosed
area shall not be used for human habitation or partitioned into separate
rooms;
(e)Â
All interior walls, floor, and ceiling materials located below
the BFE shall be unfinished and resistant to flood damage;
(f)Â
Electrical, plumbing, machinery or other utility equipment that
services the structure (furnaces, oil or propane tanks, air conditioners,
heat pumps, hot water heaters, ventilation, washers, dryers, electrical
junction boxes, circuit breaker boxes and food freezers) are prohibited
in the fully enclosed area below the BFE. Utilities or service equipment
located in this enclosed area, even if elevated above the BFE in the
space, will subject the structure to increased flood insurance rates;
(g)Â
A residential building with a structurally attached garage having the floor slab below the BFE is considered an enclosed area below the BFE and must meet the standards of § 204-10A(3). A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters in both directions. Flood openings or vents are required in the exterior walls of the garage or in the garage doors. The human intervention necessary to open garage doors when flooding occurs is not an acceptable means of meeting the openings requirements. In addition to the automatic entry of floodwaters, the areas of the garage below the BFE must be constructed with flood-resistant materials. Garages attached to nonresidential structures must also meet the aforementioned requirements or be dry floodproofed as per the requirements of § 204-10A(3).
(4)Â
Manufactured (mobile) homes and recreational vehicles (RVs).
(a)Â
In all special flood hazard areas (SFHAs), any manufactured
(mobile) homes to be newly placed, substantially improved or repaired
as a result of substantial damage shall be elevated so that the bottom
of the lowest floor is at or above the base flood elevation (BFE).
This includes SFHAs outside a manufactured home park or subdivision,
in a new manufactured home park or subdivision, in an expansion to
an existing manufactured home park or subdivision, or on a site in
an existing park which a manufactured home has incurred substantial
damage as a result of a flood.
(b)Â
All manufactured (mobile) homes within an SFHA shall be placed
on a permanent foundation which itself is securely anchored and to
which the structure is securely anchored so that it will resist flotation,
lateral movement and hydrostatic pressures. Anchoring may include,
but not be limited to, the use of over-the-top or frame ties to ground
anchors.
(c)Â
All manufactured (mobile) homes within an SFHA shall be installed
using methods and practices which minimize flood damage. Adequate
access and drainage should be provided. Elevation construction standards
include piling foundations placed no more than 10 feet apart, and
reinforcement is provided for piers more than six feet above ground
level.
(d)Â
Recreational vehicles placed on sites within an SFHA shall either
i) be on the site for fewer than 180 consecutive days, and ii) be
fully licensed and ready for highway use, or iii) be elevated and
anchored. A recreational vehicle is ready for highway use if it is
on its wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices, and has no permanently
attached additions.
(e)Â
Public utilities and facilities in manufactured (mobile) homes
or subdivisions with an SFHA shall be constructed so as to minimize
flood damage.
(5)Â
Accessory structures. Detached accessory structures in Zones A, AE,
A1-30, AO, and AH (i.e., garages, sheds) do not have to meet the elevation
or dry floodproofing requirement if the following standards are met:
(a)Â
The structure is no more than 500 square feet and has a value
of less than $3,000.
(b)Â
The structure has unfinished interiors and must not be used
for human habitation. An apartment, office or other finished space
over a detached garage is considered human habitation and would require
the structure to be elevated.
(c)Â
The structure is used solely for parking of vehicles and/or
limited storage.
(d)Â
The accessory structure must be wet floodproofed and designed
to allow for the automatic entry and exit of floodwater.
(e)Â
The accessory structure shall be firmly anchored to prevent
flotation, collapse and lateral movement.
(f)Â
Service facilities such as electrical, mechanical and heating
equipment must be elevated or floodproofed to or above the base flood
elevation.
(g)Â
The structure must comply with the floodway encroachment provision in § 204-10A(3).
A.Â
The Zoning Board of Review may hear and grant a variance as prescribed
in this section, subject to the prerequisites contained therein. In
addition to applying the criteria and requirements of this chapter,
the Board shall:
(1)Â
Describe in its decision the exact extent of the variance granted.
(2)Â
Indicate in its decision that the granting of such variance may affect
the flood insurance rates as they apply to the subject property up
to amounts as high as $25 per $100 of insurance coverage, and, further,
that construction or other development below the base flood elevation
may increase risk to life and property.
(3)Â
Forward a copy of its written decision and findings to the applicant,
the Building Official or designee, the Rhode Island Statewide Planning
Program and the Federal Insurance Administration in the annual report
of the Town to the Administration.
B.Â
No variance may be granted which will result in any increase in flood
levels.
A.Â
It shall be the duty of the Building Official, Town Engineer or designee
to enforce the provisions of this chapter. If the Code Enforcement
Officer finds that any provisions of this chapter are being violated,
he shall notify, in writing, the person responsible for such violation,
indicating the nature of the violation and ordering the action necessary
to correct it.
B.Â
When the above action does not result in the correction or abatement
of the violation, the municipal officers, upon notice from the Code
Enforcement Officer, are hereby authorized and directed to institute
any and all actions, whether legal or equitable, necessary to the
enforcement of this chapter. Any person who continues to violate any
provision of this chapter after receiving notice of such violation
shall be guilty of a violation of this chapter and subject to a fine
of $500 for each violation. Each day such a violation is continued
is a separate offense.