[Ord. No. 09-09, § 2, 3-4-2009[1]]
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. Also part of the purpose is to maintain
eligibility to purchase flood insurance through compliance and participation
in FEMA's National Flood Insurance Program.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 17, which contained provisions on flood damage prevention,
adopted 9-7-1994 by Ord. No. 94-12.
[Ord. No. 09-09, § 2, 3-4-2009; Ord. No. 13-25, § 1, 9-18-2013]
(a)
The Town of Cumberland (hereinafter "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, V, V1-30, VE on the Flood Insurance Rate Map (FIRM) prepared
by Federal Emergency Management Agency as dated September 18, 2013,
and revised on October 2, 2015. 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 dated September 18, 2013, and revised
on October 2, 2015.
[Amended 9-23-2015 by Ord. No. 15-16]
(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)
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.
(d)
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:
(e)
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.
[Ord. No. 09-09, § 2, 3-4-2009]
Unless specifically defined below, words and phrases used in
this chapter pertain to floodplain management, have the same meaning
as they have in common usage and to give this chapter it's 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.
A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's
Flood Insurance Rate Map (FIRM) with a 1% 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 1% 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-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.
Any area of the building having its floor subgrade (below
ground level) on all sides.
See definition for "Structure".
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, out-side 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.
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.
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 floodplain management regulations adopted
by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufacturing 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).
Fully enclosed areas below the base flood elevation (BFE)
that are not considered a basement cannot have finished living space
and needs to be designed to be exposed to flood forces. These spaces
can only to 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.
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.
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.
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. 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.
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
one 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 does not include 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.
[Amended 9-23-2015 by Ord. No. 15-16]
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.
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 other datum
where specified) to which base flood elevations shown on a community
flood insurance rate map (FIRM) are referenced.
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 effective date of floodplain regulations, 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:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light
duty truck; and
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".
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
See definition for "Area of shallow flooding".
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 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.
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
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 in include excavation for a basement
footings, piers, or foundations or the erections of temporary forms;
not 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 above ground,
including a manufactured home, a gas or liquid storage tank, or other
manmade 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 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:
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 a "historic" structure, provided that the
alteration will not preclude the structure's continued designation
as a "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 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 resumed to be in violation until such time as that
documentation is provided.
The height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum, where specified), of floods
of various magnitudes and frequencies in the floodplains of coastal
or riverine areas.
Measures designed to minimize damage to a structure or its
contents by water that is allowed into a building.
[Ord. No. 09-09, § 2, 3-4-2009]
(a)
All proposed construction and other development within a special
flood hazard area 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)
The application for a flood hazard development permit shall be submitted
to the code enforcement officer and shall include:
(1)
The name and address of the applicant;
(2)
An address or a map indicating the location of the construction site;
(3)
A site plan showing 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)
A statement of the intended use of the structure;
(5)
A statement as to the type of sewage system proposed;
(6)
Specification of dimensions of the proposed structures;
(7)
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)
Base flood elevation data for all new, relocated or substantially
improved structures;
(9)
The elevation (in relation to mean sea level) to which the structure
will be floodproofed;
(10)
The description of the extent to which any watercourse will
be altered or relocated as a result of the proposed development.
(c)
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.
[Ord. No. 09-09, § 2, 3-4-2009]
A permit fee (based on the cost of the construction) may be
required to be paid to the Town 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.
[Ord. No. 09-09, § 2, 3-4-2009]
(a)
The Building Official or designee shall:
(1)
Review all applications for flood hazard development permits to determine that all pertinent requirements as described in § 17-7 have been or will be met:
(2)
Utilize, in the review of all flood hazard development permit applications, the base flood data contained in the "Flood Insurance Study — the Town of Cumberland, Rhode Island, Providence County," as described in § 17-2.
[Amended 9-23-2015 by Ord. No. 15-16]
(3)
Make interpretations of the location of boundaries of special flood hazard areas shown on maps described in § 17-2.
(4)
In A zones, in absence of FEMABFE 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.
(5)
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;
(6)
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 carrying capacity of altered watercourse; and
(7)
Where base flood elevation data are utilized, within zone A on the
FIRM: obtain the elevation (in relation to mean sea level) of the
lowest floor (including basement) of all new and substantially improved
structures, and obtain, if the structure has been floodproofed in
accordance with these regulations, the elevation (in relation to mean
sea level) to which the structure was floodproofed, and maintain a
record of all such information with the official designed by the community.
[Ord. No. 09-09, § 2, 3-4-2009]
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 § 17-3. Please also refer to the current Rhode Island State Building Code. One- and two-family dwelling code, plumbing code. Mechanical code, and electrical for state standards. The Coastal Resource Management Council (CRMC) may also require special permits for development on the coastal feature.
(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. 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)
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)
Require until a regulatory floodway is designated, that no new construction,
substantial improvements, or other development (including fill) shall
be permitted within zones A1-30 and AE on the community's FIRM, unless
it is demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development,
will not increase the water surface elevation of the base flood more
than one foot at any point within the community. The filling or excavation
of land may be permitted only under the following conditions:
(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 § 17-3.
(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 to accumulation.
(i)
Onsite 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.
[Ord. No. 09-09, § 2, 3-4-2009]
(a)
Construction standards in special flood hazard areas (SFHA), Zones
A, A1-30, AE.
(1)
Residential construction. All new construction, substantial improvements,
and repair 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)
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.
Have the bottom of the lowest floor, including basement, elevated
to or above the base flood elevation (BFE); or
b.
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 meeting the
provisions of this section. Such certification shall be provided to
the Building Official or designee.
(3)
Fully enclosed areas below the 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 flood waters 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) — (g) below:
a.
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.
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 crawlspace, must be set equal to the outside finished
grade on at least one side of the building.
c.
The openings may be equipped with screens, louvers, valves or other
coverings or devices provided they permit the automatic entry and
exit of flood waters in both directions without any external influence
or control such as human intervention, including the use of electrical
and other non-automatic mechanical means. Other coverings may be designed
and certified by an engineer or approved by the Building Official
or designee.
d.
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.
All interior walls, floor, and ceiling materials located below the
BFE shall be unfinished and resistant to flood damage.
f.
Electrical, plumbing, machinery or other utility equipment that service
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.
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 §§ 17-4, 17-6, 17-7 and 17-8. 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 events 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 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 this chapter.
(4)
Manufactured (mobile) homes and recreational vehicles (RVs).
a.
In all special flood hazard areas (SFHA), 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.
All manufactured (mobile) homes within a 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.
All manufactured (mobile) homes within a 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.
Recreational vehicles placed on sites within a 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.
Public utilities and facilities in manufactured (mobile) homes or
subdivisions with a SFHA shall be constructed so as to minimize flood
damage.
(5)
Subdivisions. All subdivision proposals and other development, including
manufactured home parks or subdivisions, shall be reviewed to determine
whether such proposals will be reasonably safe from flooding. If a
subdivision or other development proposal is in a flood-prone area,
the following standards apply:
a.
Subdivision proposals shall minimize flood damage.
b.
Public utilities and facilities shall be constructed so as to minimize
flood damage.
c.
Adequate drainage shall be provided for such proposals.
d.
Base flood elevation data is required for subdivision proposals or
other development greater than 50 lots or five acres.
(6)
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.
The structure is no more than 500 square feet and has a value less
than $3,000.
b.
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.
The structure is used solely for parking of vehicles and/or limited
storage.
d.
The accessory structure must be wet-floodproofed and designed to
allow for the automatic entry and exit of flood water.
e.
The accessory structure shall be firmly anchored to prevent flotation,
collapse and lateral movement.
f.
Service facilities such as electrical, mechanical and heating equipment
must be elevated or floodproofed to or above the base flood elevation.
g.
The structure must comply with the floodway encroachment provision
in this chapter.
[Ord. No. 09-09, § 2, 3-4-2009]
(a)
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 said section,
the board shall undertake the following in granting a variance from
the provisions of this chapter:
(1)
Describe in its decision the exact extent of the variance granted.
(2)
The Zoning Board of Review will notify the applicant in writing over
the signature of a community official that:
a.
The issuance of a variance to construct a structure below the BFE
will result in increased premium rates for flood insurance up to amounts
as high as $25 for $100 of insurance coverage; and
b.
Such construction below the BFE level increases risks to life and
property.
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Such notification shall be maintained with a record of all variance
actions.
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(3)
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)
Variances shall not be issued by a community within any designated
regulatory floodway if any increase in flood levels during the base
flood discharge would result.
(c)
Variances may be issued by the Zoning Board of Review for new construction
and substantial improvements to be erected on a lot of 1/2 acre or
less in size contiguous to and surrounded by lots with existing structures
constructed below the BFE.
(d)
Variances shall only be issued upon showing of good and sufficient
cause, a determination that failure to grant the variance would result
in exceptional hardship to the applicant.
[Ord. No. 09-09, § 2, 3-4-2009]
(a)
It shall be the duty of the Building Official 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)
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.
