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 Westerly elects to comply
with the requirements of the National Flood Insurance Act of 1968
(P.L. 90-488, as amended).
[Amended 1-27-2020 by Ch. No. 1981; 4-22-2020 by Ch. No. 1984]
Special flood hazard areas are designated and identified on
the National Flood Insurance Program (NFIP) Flood Insurance Rate Maps
(FIRMs) within the Town of Westerly. Special flood hazard areas are
areas, including floodways, floodplains and coastal high-hazard areas,
which are subject to recurrent flooding which presents serious hazards
to health, safety, welfare, and property of the residents of the Town
of Westerly. Regulation of the development and alteration of such
areas is thus in the public interest.
A. Special flood hazard areas. The special flood hazard areas are herein
established as a Flood Hazard Overlay District. The district includes
all special flood hazard areas within the Town of Westerly designated
as Zone A, AE, AH, AO, A99, V, or VE on the Washington County Flood
Insurance Rate Maps (FIRMs) and Digital FIRMs issued by the Federal
Emergency Management Agency (FEMA) for the administration of the National
Flood Insurance Program (NFIP). The map panels of the Washington County
FIRMs that are wholly or partially within the Town of Westerly are
panel numbers: 44009C0137J, 44009C0139K, 44009C0141J, 44009C0142J,
44009C0143J, 44009C0144J, 44009C0161J, 44009C0163J, 44009C0252K, 44009C0256J,
44009C0257J, 44009C0276K, dated April 3, 2020; and 44009C0234J, 44009C0242J,
44009C0253J, 44009C0254J, 44009C0258J, 44009C0259J, 44009C0261J, 44009C0262J,
and 44009C0278J, dated October 16, 2013. The exact boundaries of the
district may be defined by the one-hundred-year base flood elevations
shown on the FIRMs and further defined by the Washington County Flood
Insurance Study (FIS) report dated April 3, 2020.
B. Floodplain management. The Department of Development Services is
the Town department responsible for floodplain management. The FIRMs
and FIS report and any revisions thereto are incorporated herein by
reference and are on file with the Town Clerk, Department of Development
Services, as well as located on the Town of Westerly's website.
C. Administrative provisions. All proposed construction or other development
within a special flood hazard area shall be constructed in accordance
with all State Building Code requirements. Review and compliance of
such construction or development shall be the responsibility of the
Building Official in coordination with the Town's Floodplain Administrator
(Town Engineer) and other members of the Department of Development
Services, as appropriate.
(1) Disclaimer
of liability. The degree of flood protection required by this chapter
is considered reasonable but does not imply total flood protection.
(2) 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.
(3) Enforcement. The Building Official shall enforce all provisions as
applicable in reference to RIGL 23-27.3-108.1.
(4) Penalties. Every person who shall violate any provision of this code
shall be subject to penalties put forth in RIGL 23-27.3-122.3.
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 its most reasonable
application.
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.
AREA OF SHALLOW FLOODING
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.
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
BASE FLOOD ELEVATION (BFE)
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.
BASEMENT
Any area of a building having its floor subgrade (below ground
level) on all sides.
BUILDING
See definition for "structure."
COASTAL A ZONE
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.
COST
As related to substantial improvements, the cost of any reconstruction,
rehabilitation, addition, alteration, repair or other improvement
of a structure shall be established by a detailed written contractor's
estimate. The estimate shall include, but not be limited to, the cost
of materials (interior finishing elements, structural elements, utility
and service equipment); sales tax on materials, building equipment
and fixtures, including heating and air conditioning and utility meters;
labor; built-in appliances; demolition and site preparation; repairs
made to damaged parts of the building worked on at the same time;
contractor's overhead; contractor's profit; and grand total.
Items to be excluded include cost of plans and specifications, survey
costs, permit fees, costs to correct code violations subsequent to
a violation notice, outside improvements such as septic systems, water
supply wells, landscaping, sidewalks, fences, yard lights, irrigation
systems, and detached structures such as garages, sheds, and gazebos.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to the construction of buildings or other
structures, mining, dredging, filling, grading, paving, excavation
or drilling operations or storage of equipment or materials.
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.
FLOOD INSURANCE RATE MAP (FIRM)
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).
FLOOD INSURANCE STUDY (FIS)
The official study of a community in which the Federal Emergency
Management Agency (FEMA) has conducted a technical engineering evaluation
and determination of local flood hazards, flood profiles and water
surface elevations. The Flood Insurance Rate Maps (FIRM), which accompany
the FIS, provide both flood insurance rate zones and base flood elevations,
and may provide the regulatory floodway limits.
FLOOD OR FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from either the overflow of
inland or tidal waters, or the unusual and rapid accumulation or runoff
of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
a designated height. For the purposes of these regulations, the term
"regulatory floodway" is synonymous in meaning with the term "floodway."
FREEBOARD
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. Freeboard tends to compensate
for the many unknown factors that could contribute to flood heights
greater than the height calculated for a selected size flood and floodway
conditions, such as wave action, bridge openings, and the hydrological
effect of urbanization of the watershed.
FUNCTIONALLY DEPENDENT USE OR FACILITY
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities.
HIGHEST ADJACENT GRADE (HAG)
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
B.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historic significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
C.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
D.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
Directly by the Secretary of the Interior in states without
approved programs.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement).
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.
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 "manufactured home" does not include a recreational vehicle.
MARKET VALUE
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.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of an initial FIRM or after December
31, 1974, whichever is later, and includes any subsequent improvements
to such structures. For floodplain management purposes, new construction
means structures for which the start of construction commenced on
or after the effective date of a floodplain management regulation
adopted by a community and includes any subsequent improvements to
such structures.
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.
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. 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."
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
the actual start of construction, repair, reconstruction, rehabilitation,
addition placement, substantial improvement or other improvement was
within 180 days of the permit date. The actual start means either
the first placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the stage of
excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erections of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
STRUCTURE
A.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
the ground, as well as a manufactured home.
B.
For insurance purposes:
(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 a 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 ordinances or laws.
C.
For the latter purpose, "structure" does not mean 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.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvements
to a structure, the cost of which equals or exceeds 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:
A.
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
B.
Any alteration of the historic structure, provided that the
alteration will not preclude the structure's continued designation
as an historic structure.
VARIANCE
A grant of relief by a community from the terms of the floodplain
management ordinance that allows construction in a manner otherwise
prohibited and where specific enforcement would result in unnecessary
hardship.
VIOLATION
Failure of a structure or other development to be fully compliant
with the community's floodplain management ordinance. Construction
or other development without required permits, lowest floor elevation
documentation, floodproofing certificates or required floodway encroachment
calculations are presumed to be in violation until such time as that
documentation is provided.