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Cranston City Zoning Code

Chapter

17.16 SPECIAL FLOOD HAZARD DISTRICTS [1]

§ 17.16.010 Findings of fact.

A. 
Special flood hazard areas (SFHA) are subject to periodic flooding which can result in the loss of life and property; create health and safety hazards; disrupt commerce and governmental services; require public expenditures for flood protection and relief and impair the tax base, all of which adversely affect the public health, safety, and general welfare.
B. 
Flood losses are caused by the cumulative effect of unregulated development in SHFA which cause increased flood heights and velocities and by structures that are vulnerable to floods because they are inadequately elevated, flood-proofed, or otherwise protected from flood damages.
C. 
The review of development in SFHA's to insure compliance with the requirements of this chapter will reduce financial burdens to the City and prevent future displacement and suffering of its residents.
(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

§ 17.16.020 Purpose.

The purpose of this chapter is to promote the public health, safety, and general welfare; minimize property damage; encourage sound construction practices; minimize future damage and protect water supply; and promote sanitary sewage disposal and natural drainage. The requirements of this chapter are designed to:
A. 
Protect human life and health;
B. 
Prevent development from increasing flood hazards;
C. 
Protect new structures and substantial improvements to structures from flood damage;
D. 
Minimize expenditure of public funds for flood control projects;
E. 
Minimize the need for rescue and relief efforts associated with flooding;
F. 
Minimize business interruptions;
G. 
Minimize damage to public facilities and utilities;
H. 
Help maintain a stable tax base by providing for the sound use and development of SFHA's;
I. 
Make flood insurance available for structures and their contents by fulfilling the requirements of the National Flood Insurance Program (NFIP).
(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

§ 17.16.030 Applicability.

A. 
Cranston elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended). The NFIP, as established, provides that SHFA's be identified by the Federal Emergency Management Agency (FEMA) and that floodplain management measures be applied in said areas. This chapter shall apply to any development which lies wholly or partly in a SFHA.
B. 
SFHA's are established as a floodplain overlay district. The district shall be all SHFA's within the city designated as Zone A, AE, AH, AO, A99, V, or VE on the current Providence County Flood Insurance Rate Map (FIRM) and Digital FIRM issued by the FEMA. The FIRM map panels of for the city are:
Panel Number
Date
44007C0292H
October 2, 2015
44007C0294H
October 2, 2015
44007C0295G
March 2, 2009
44007C0311H
October 2, 2015
44007C0312H
October 2, 2015
44007C0313H
October 2, 2015
44007C0314H
October 2, 2015
44007C0316G
March 2, 2009
44007C0317J
September 18, 2013
44007C0318H
October 2, 2015
44007C0319J
October 2, 2015
44007C0406H
October 2, 2015
44007C0407H*
March 2, 2009
44007C0426H
October 2, 2015
44007C0427H
October 2, 2015
Notes:
*Panel not printed.
The exact boundaries of the district shall be defined by the one hundred (100) year base flood elevations shown on the FIRM and further defined by the Providence County Flood Insurance Study (FIS) report dated October 2, 2015. The Planning Department is responsible for floodplain management. The FIRM and FIS and any revisions to them are incorporated by reference and are on file with the department.
C. 
The requirements of this chapter shall not repeal, abrogate, or impair any existing easement, covenant, or deed restriction and shall be in addition to all other requirements of the Cranston Code of Ordinances (Ordinance) and other applicable state or federal laws and regulations. Where this chapter and another ordinance, law, regulation, easement, covenant, or deed restriction conflict, whichever imposes the more stringent restrictions shall prevail.
D. 
In the interpretation and application of this chapter, all provisions shall be:
1. 
Considered minimum requirements;
2. 
Liberally construed in favor of the city; and
3. 
Deemed neither to limit or repeal any other powers granted under state statutes.
(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

§ 17.16.040 Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific data provided by FEMA and/or by the U.S. Army Corps of Engineers. Larger floods may occur or flood heights may be increased by manmade or natural causes. This chapter does not imply that areas outside of the SFHA's or that land uses permitted in SHFA's will be free from flooding or flood damage. This chapter shall not create liability on the part of the city, FEMA or any officer or employee thereof for any flood damages that may result from reliance on this chapter or any administrative decision lawfully made hereunder.
(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

§ 17.16.050 Definitions.

Unless defined below or in Section 17.04.030, the words and phrases used in this chapter shall have the same meaning as they have in common usage and to give this chapter it's most reasonable application:
A Zone.
See "zone A."
"Accessory structure"
means a structure which is on the same parcel as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
"Addition"
means a walled and roofed expansion to the perimeter of a structure in which the expansion is connected by a common load-bearing wall other than a firewall. A walled and roofed expansion, which is connected by a firewall or is separated by independent perimeter load-bearing walls, shall be treated as new construction.
"Appeal"
means a request to the zoning board of review to review the inspector of buildings' interpretation of any provision of this title or a request for a variance.
"Area of shallow flooding"
means a designated AO, AH, AR/AO, AR/AH, or VO zone on a FIRM with a one percent or greater annual chance of flooding to an average depth of one foot to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Area of Special Flood Hazard.
See definition for "special flood hazard area."
B Zone.
See zone B."
"Base flood"
means the flood having a one percent chance of being equaled or exceeded in any given year.
"Base flood elevation (BFE)"
means the elevation of surface water resulting from a flood that has a 1% chance of equaling or exceeding that level in any given year. The BFE is shown on the FIRM for zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30 and VE.
"Basement"
means any area of the building having its floor subgrade (below ground level) on all sides.
"Breakaway wall"
means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
"Building.
See definition for "structure."
C Zone:
See zone C.
"Coastal A zone"
means those parts of the city's coastal floodplain, inland from the mapped V Zone, that are subject to the damaging effects of waves, velocity flows, erosion, scour or combination of those forces. The boundary of the coastal A zone shall be the limit of moderate wave action as shown on the FIRM.
"Cost"
means the cost of any reconstruction, rehabilitation, addition, alteration, repair or other improvement of a structure established by a detailed written contractor's estimate. The estimate shall include, but not be limited to: The cost of materials (including interior finishing elements), structural elements, utility and service equipment (including heating and air conditioning and utility meters); sales tax on materials, building equipment and fixtures; labor; built-in appliances; demolition and site preparation; repairs made to damaged parts of the building worked on at the same time and contractor's overhead and profit. Items to be excluded include: Cost of plans and specifications, survey costs, permit fees, 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.
"Critical facility"
means a structure or other improvement that; because of its function, size, service area, or uniqueness; has the potential to cause serious bodily harm, extensive property damage or disruption of vital socioeconomic activities if it is destroyed or damaged or if its functionality is impaired. Critical facilities include the following categories:
1. 
Structures or facilities that produce, use or store highly volatile, flammable, explosive, toxic and/or water-reactive materials.
2. 
Hospitals, nursing homes and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood.
3. 
Police and fire stations, vehicle and equipment storage facilities and emergency operations centers that are needed for flood response activities.
4. 
Utility facilities that are vital to maintaining or restoring normal services to flood areas.
5. 
Facilities which, if flooded, would cause loss of irreplaceable public records.
"Development"
means any man-made change to improved or unimproved real estate, including but not limited to the construction of structures; mining, dredging, filling, grading, paving, excavation or drilling operations or the storage of equipment or materials.
"Dry floodproofing"
means any combination of structural and non-structural waterproofing measures incorporated in a structure that is not elevated to the BFE or the elevation required by the Rhode Island Building Code, whichever is greater, that keeps water from entering the building in order to prevent or minimize flood damage.
"Elevated structure"
means a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Solid (perimeter) foundations walls are not an acceptable means of elevating buildings in V and VE zones.
"Elevation certificate"
means a statement certified by a professional engineer (PE) or professional land surveyor (PLS), on a FEMA approved form, which verifies a structure's elevation and other related information needed to verify compliance with this Chapter.
"Enclosure"
means that portion of an elevated building below the lowest elevated floor that is either partially or fully shut in by rigid walls.
"Encroachment"
means the physical advance or infringement of uses, plant growth or development into a floodplain.
"Existing construction"
means any structure for which the start of construction commenced before January 1, 1975.
"Existing manufactured home park" or "manufactured home subdivision"
means a manufactured (mobile) home park or subdivision for which the construction of facilities servicing the lots on which the manufactured (mobile) 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 November 27, 1974.
"Expansion to an existing manufactured home park" or "existing manufactured home subdivision"
means the preparation of additional sites by the construction of facilities servicing the lots on which the manufacturing (mobile) homes are to be placed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
"Federal Emergency Management Agency (FEMA)"
means the federal agency under which the NFIP is administered.
"Five hundred-year flood (five hundred (500) year flood)"
means the flood that has a 0.2 percent chance of being equaled or exceeded in any given year.
"Flood" or "flooding"
means:
1. 
A general and temporary condition of partial or complete inundation of normally dry land areas from:
a. 
The overflow of inland or tidal waters.
b. 
The unusual and rapid accumulation or runoff of surface waters from any source.
c. 
Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
2. 
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)(a) of this definition.
"Flood insurance rate map (FIRM)"
means an 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)"
means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
"Floodplain"
means any land area susceptible to being inundated by flood waters from any source. (See definition of flood or flooding.)
"Floodproofing"
means any combination of structural and non-structural 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.
"Floodproofing certificate"
means a statement certified by a PE or a registered architect, on a FEMA approved form, stating that a non-residential structure, together with attendant utilities and sanitary facilities is watertight to a specified design elevation with walls that are substantially impermeable to the passage of water and that all structural components are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy and anticipated debris impact forces.
"Floodway"
means 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.
"Freeboard"
means a factor of safety usually expressed in feet above a flood level for purposes of flood plain 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.
"Highest adjacent grade"
means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
"Historic structure"
means any structure that is:
1. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. 
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
4. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
a. 
By an approved state program as determined by the Secretary of the Interior; or
b. 
Directly by the Secretary of the Interior in states without approved programs.
"Limit of moderate wave action (LiMWA)"
means the inland limit of the area affected by waves greater than 1.5 feet. The LiMWA is determined based on the landward limit of the one percent annual chance coastal flood that can support a 1.5-foot wave.
"Lowest adjacent grade"
means the lowest point of the ground level immediately next to a building. It does not include earth that is emplaced for aesthetic or landscape reasons around a foundation wall. It does include natural ground or properly compacted fill that comprises a component of a structure's foundation system.
"Lowest floor"
means the lowest floor of the lowest enclosed area (including a 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 applicable non-elevation design requirements.
"Manufactured (mobile) home"
means 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."
"Manufactured home park" or "manufactured home subdivision"
means a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.
"Market value"
means the price of a structure that a willing buyer and seller agree upon as determined by an independent appraisal by a professional appraiser; a property's tax assessment minus land value; the replacement cost minus depreciation of the structure or the structure's actual cash value.
"Mean sea level (MSL)"
means the National Geodeticl Vertical Datum {NGVD} of 1929 or other datum, to which base flood elevations shown on a community's FIRM are referenced.
"National Flood Insurance Program (NFIP)"
means the program of flood insurance coverage and floodplain management administered under the Act and applicable federal regulations promulgated in Title 44 of the Code of Federal Regulations, Subchapter B.
"New construction"
means for floodplain management purposes, structures for which the "start of construction" commenced on or after November 27, 1974.
"New manufactured home park" or "manufactured home subdivision"
means a manufactured (mobile) home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured mobile 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) was completed on or after November 27, 1974.
"Obstruction"
means any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
"Professional engineer (PE)"
means a person who has been registered and licensed by the state board of registration for professional engineers in accordance with RIGL Chapter 5-8.
"Professional land surveyor (PLS)"
means a person who has been duly registered as a professional land surveyor by the board established under RIGL 5-8.1, and who is a professional specialist in the technique of measuring land, educated in the basic principles of mathematics, the related physical and applied sciences and the relevant requirements of law for adequate evidence and all to surveying of real property and engaged in the practice of land surveying as defined in this section.
"Recreational vehicle"
means a vehicle which is built on a single chassis; four hundred (400) square feet or less when measured at the largest horizontal projection; designed to be self-propelled or permanently towable and designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.
Regulatory Floodplain.
See definition "special flood hazard area (SFHA)."
Regulatory Floodway.
See definition for "floodway."
"Sand dunes"
means naturally occurring accumulations of sand in ridges or mounds landward of the beach.
Sheet Flow.
See definition for "area of shallow flooding."
"Special flood hazard area (SFHA)"
means an area having special flood, mudslide (i.e. mudflow) or flood-related erosion hazards and shown on a flood hazard boundary map (FHBM) or a flood insurance rate map (FIRM) zone A, AO, A1-A30, AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, VE or V.
"Start of construction"
(includes substantial improvement,) the date the building permit was issued provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within one hundred eighty (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.
"Structure"
means 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. Structure, for insurance purposes, means:
1. 
A building with two or more outside rigid walls and a fully secured roof that is affixed to a permanent site;
2. 
A manufactured home ("a manufactured home," also known as a mobile home, is a structure: Built on 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.
For the latter purpose, "structure" does not mean a recreational vehicle or a park trailer or other similar vehicle, except as described in paragraph (3) of this definition, or a gas or liquid storage tank. Subsidized rates mean the rates established by the Federal Insurance Administrator involving in the aggregate subsidization by the Federal Government.
"Substantial damage"
means damage of any origin sustained by a structure during a five-year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.
"Substantial improvement"
means any reconstruction, rehabilitation, addition, or other improvement of a structure during a five-year period, the cost of which equals or exceeds fifty (50) percent 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 either:
1. 
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
2. 
Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure."
"Utilities" (for structures)
means plumbing, mechanical and electrical equipment including piping, wiring, fixtures, and other accessories which provide sanitation, lighting, heating, ventilation, cooling, refrigeration and fire-fighting facilities essential for the occupancy of structure. Utilities include but are not limited to furnaces, boilers, air conditioning compressors, air and heating ducts, water supply pipes electric, gas and water meters, control panels, electrical wiring, and gas pipes.
"Variance"
means for floodplain management purposes, a grant of relief by a community from the terms of a flood plain management regulation.
"Violation"
means the failure of a structure or other development to be fully plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
"Watercourse"
means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
"Wet floodproofing"
means measures designed to minimize damage to a structure or its contents by water that is allowed into a building.
"Zone A"
means the special flood hazard area (except coastal V zones) shown on a community's flood insurance rate map. There are seven types of A zones:
1. 
A: SFHA where no base flood elevation is provided.
2. 
AE: SFHA where base flood elevations are provided. AE-zone delineations are used on newer FIRMs instead of A# zones.
3. 
AO: SFHA with sheet flow, ponding, or shallow flooding. Base flood depths (feet above grade) are provided.
4. 
AH: Shallow flooding SFHA. Base flood elevations in relation to a national datum are provided.
5. 
AR: A temporary designation for an area where a flood control system that no longer provides protection from the base flood is expected to be improved so it will provide protection to the base flood again in the future. This zone is considered part of the special flood hazard area or "regulatory floodplain."
"Zone B"
means area of minimal flood hazard, usually depicted on older FIRM's as between the limits of the base and five hundred (500) year floods of the primary source of flooding.
"Zone C"
means area of minimal flood hazard, usually depicted on older FIRM's as between the limits of the base and five hundred (500) year floods of the primary source of flooding.
"Zone V"
means the special flood hazard area subject to coastal high hazard flooding. There are three types of V zones: V, V#, and VE, and they correspond to the A-zone designations.
"Zone X"
means newer flood insurance rate maps show zones B and C (see above) as zone X. The shaded zone X corresponds to a zone B and the unshaded zone X corresponds to a zone C.
(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

§ 17.16.060 Administration by inspector of buildings.

The inspector of buildings (BI) shall administer this chapter and shall:
A. 
Review development applications in SHFA's to determine compliance with the requirements of this chapter;
B. 
Inspect and inventory damaged structures in SFHA's and complete substantial damage determinations;
C. 
For residential structures, verify and record the elevation of the lowest floor (including basement) of any new construction, substantial improvements or repair to substantially damaged structures;
D. 
For nonresidential structures, verify and record the elevation of the lowest floor (including basement) or the floodproofed elevation of any new construction, substantial improvements or repair to substantially damaged structures;
E. 
Utilize, in reviewing applications for devolvement in SHFA's, the BFE as provided in the city's FIRM and FIS;
F. 
Interpret the location of boundaries of SFHA's as shown on the FIRM's;
G. 
In A-zones, in absence of FEMA BFE and floodway data, obtain, review, and utilize other BFE and floodway data as a basis for elevating residential structures to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater) and for floodproofing or elevating non-residential structures to or above the elevated to the BFE or the elevation required by the Rhode Island Building Code (whichever is greater);
H. 
Maintain, as a permanent record, copies of all SHFA development permits (SHFA permit) issued and data relevant thereto, including reports of the zoning board of review on variances.
(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

§ 17.16.070 Permit required.

A. 
No development shall be allowed in a SHFA unless it complies with the requirements of this chapter and other applicable regulations. Any development in a SHFA shall require the issuance of a SHFA Permit by the BI except where said development is covered by a building permit conditioned on the construction authorized meets the performance standards set by this chapter or for the construction of public improvements in a subdivision approved by the city plan commission conditioned on the public improvements authorized meets the performance standards set by this chapter.
B. 
Application for a SHFA permit shall be made on forms furnished by the BI and shall provide the following information:
1. 
The name, address and phone number of the applicant.
2. 
A description of the proposed development.
3. 
Address of and a locus map for proposed development.
4. 
A site plan signed and stamped by a registered professional engineer (RPE) or professional land surveyor (PLS) showing:
a. 
Benchmark and datum (all elevations shall be in NAVD 88);
b. 
The dimensions of the lot;
c. 
Grading including existing/proposed contours and proposed cuts, fills and drainage facilities;
d. 
Watercourses, floodways and the BFE;
e. 
The location and dimensions of existing/proposed structures and utilities;
f. 
The elevation of the lowest floor, including basement (If the lowest floor is below grade on one or more sides, the elevation of the floor immediately above);
g. 
The highest and lowest grades adjacent to the walls of proposed structures; and
h. 
The elevation to which the structure will be elevated or floodproofed.
5. 
A statement as to the type of waste disposal system proposed.
6. 
Certification by a RPE or PLS that the BFE and other elevations shown on the plan are accurate.
7. 
Certification by a RPE, PLS or registered architect that a proposed development shall comply with the elevation or floodproofing requirements set by Section 17.17.100(A)(1), Section 17.17.100(A)(2), Section 17.17.100(A)(3), Section 17.17.100(A)(5), Section 17.17.100(A)(8), Section 17.17.100(B)(1) and Section 17.17.100(B)(2).
8. 
A storm water management and sediment and erosion control plan as required by the ordinance or state regulations. At a minimum, said plan shall specify that ground cover shall be established immediately after disturbance and include a plan for final landscaping.
9. 
A description of the extent to which any watercourse will be altered or relocated.
C. 
Additional Compliance.
1. 
The NFIP requires permits for all projects in SHFA's that meet the definition of development, not just "building" projects. Development projects include any filling, grading, excavation, mining, drilling, storage of materials, temporary stream crossings. In addition to a building or SHFA permit, a development shall be permitted by either the Rhode Island Coastal Resources Management Council (CRMC) and/or the Rhode Island Department of Environmental Management (RIDEM) as applicable.
2. 
Prior to the issuance of a building or SHFA 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.
3. 
All development in the SHFA shall be in compliance with the following:
a. 
Rhode Island State Building Code (As established under Rhode Island General Law Section 23-27.3);
b. 
Coastal Resources Management Act, Rhode Island Coastal Resources Management Council (RIGL Section 46-23);
c. 
Endangered Species Act, Rhode Island Department of Environmental Management (RIGL Section 20-1-2);
d. 
Freshwater Wetlands Act, Rhode Island Department of Environmental Management (RIGL Section 2-1-18);
e. 
Minimum Standards Related to Individual Sewage Disposal Systems, Rhode Island Department of Environmental Management (RIGL Sections 5-56, 5-56.1, 23-19.15, 23-19.5, 23-24.3, 42-17.1, and 46-13.2);
f. 
Water Quality Regulations, Rhode Island Department of Environmental Management (RIGL Sections 42-17.1 and 42-17.6 and 46-12).
D. 
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.
(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

§ 17.16.080 Permit fee.

For a SHFA permit, a permit fee (based on the formula used for issuing a building permit) shall be required to be paid to the city at the time of application.
(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

§ 17.16.090 General development standards.

The following standards shall apply to any development located wholly or partly in a SFHA:
A. 
No watercourse shall be altered in a manner which will decrease the capacity of the watercourse and unless prior approval has been granted by the RIDEM. If an alteration of a watercourse is permitted, the BI shall notify prior to said alteration:
Adjacent Communities:
NFIP State Coordinator
Rhode Island Emergency Management Agency
645 New London Avenue
Cranston, Rhode Island 02920
Risk Analysis Branch
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
B. 
In a floodway:
1. 
The construction of a structure that requires the issuance of a building permit shall be prohibited.
2. 
Any encroachment shall be prohibited unless a RPE certifies that said encroachment shall not result in an increase in the BFE.
C. 
Excavation or fill below the BFE may be permitted under the following conditions:
1. 
All excavation or fill shall be constructed so as not to obstruct a drainage way.
2. 
The excavation or fill shall be constructed so as to be stable, remain firm and in place during flooding and to protect abutting properties from runoff.
3. 
No land shall be altered in a manner which will increase a BFE. The amount of flood storage provided after the excavation or fill shall be compensated at a ratio of 1.5 to one to that which presently exists under the two, ten (10), twenty-five (25) and one hundred (100) year storm event. Said storage shall be provided to that lost at each elevation (in one foot increments) and shall be located in the same reach of the river. Written certification that said compensation has been created shall be provided by a RPE prior to the issuance of any certificate of occupancy (CO).
D. 
No outdoor storage of materials or equipment which is likely to cause damage to property, create a potential obstruction, create a potential fire hazard or pollute the waters in a flood event shall be permitted in a SFHA. Said items 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 during flooding. Said items shall include but shall not 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 construction below the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
G. 
Construction methods and practices shall be used that minimize flood damage.
H. 
All utilities shall be constructed such that they are elevated to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
I. 
Onsite waste disposal systems shall be designed to avoid impairment to or contamination from them during flooding.
J. 
Water supply and sanitary sewage systems shall be designed to prohibit infiltration into the systems and discharge from the systems during flooding.
K. 
Fuel oil storage tanks shall be either elevated to or above the DFE or securely anchored to prevent flotation. Vent pipes shall extend to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater) and fill caps below the BFE or the elevation required by the Rhode Island Building Code (whichever is greater) shall be screw type with a tight fitting gasket to prevent mixing of water with oil.
L. 
Current BFE data shall be required for any subdivision proposal.
(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

§ 17.16.100 Specific standards.

A. 
Construction Standards for A-Zones.
1. 
Residential Construction.
a. 
New construction, substantial improvements or repair to substantially damaged structures shall have the bottom of the lowest floor including basement and utilities elevated to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
b. 
Should solid foundation perimeter walls be used to elevate a structure, the structure shall comply with the standards specified in Section 17.16.100(A)(4).
c. 
Prior to the issuance of any CO, certification shall be provided as required by Section 17.16.110(A).
2. 
Non-Residential Construction.
a. 
New construction, substantial improvements or repair to substantially damaged structures shall:
i. 
Have the bottom of the lowest floor including basement and utilities elevated to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater); or
ii. 
Have the bottom of the lowest floor including basement and utilities dry floodproofed to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater) with watertight walls that are substantially impermeable to the passage of water, and constructed with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Floodproofing measures shall take into account flood velocities, duration, and rate of rise, hydrostatic pressures, and impacts from debris or ice and shall be operable without human intervention and without an outside source of electricity.
b. 
Prior to the issuance of any CO, certification shall be provided as required by Section 17.16.110(B).
3. 
Manufactured (Mobile) Homes and Recreational Vehicles (RVs).
a. 
New manufactured homes, substantial improvements or repair to substantially damaged manufactured homes shall have the bottom of the lowest floor including utilities elevated to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
b. 
Manufactured homes shall be securely anchored on a permanent foundation which itself is securely anchored so to 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. 
Manufactured homes shall be installed using methods and practices which minimize flood damage.
d. 
Public utilities for manufactured homes or subdivisions shall be constructed so as to minimize flood damage.
e. 
Prior to the issuance of any CO, certification shall be provided as required by Section 17.16.110(A).
f. 
Recreational vehicles placed on site shall be on the site for fewer than one hundred eighty (180) consecutive days.
4. 
Elevated Structures. New construction, substantial improvements, or repair to substantially damaged structures that include fully enclosed areas formed by a foundation and other exterior walls below the BFE or the elevation required by the Rhode Island Building Code (whichever is greater) of an elevated structure, shall be designed to allow for the entry and exit of flood waters to automatically equalize hydrostatic flood forces on exterior walls. Designs showing compliance with this section shall be certified by a RPE or registered architect prior to the issuance of any building permit and shall meet the following standards:
a. 
The enclosed area shall be less than three hundred (300) square feet.
b. 
The enclosed area shall be used only for the parking of vehicles, building access or storage of maintenance equipment used in connection with the premises.
c. 
Access to the enclosed area shall be the minimum necessary to allow for the parking of vehicles (garage door) or storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator).
d. 
The enclosed area shall not be used as living space (human habitation) or partitioned into separate rooms.
e. 
There shall be 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 shall be located on at least two different walls. Only the area that lies below the BFE shall be used in the calculation of net area of vents required.
f. 
The bottom of all openings shall be no higher than one foot above grade. At least one side of the structure's enclosed area shall be at or above grade. Fill placed around the foundation walls shall 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 structure. The foundation slab of a residential structure, including the slab of a crawlspace, shall be set equal to the outside finished grade on at least one side of the structure.
g. 
Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic passage of flood waters without any external influence or control such as human intervention or the use of electrical or other non-automatic mechanical means. Other coverings may be designed and certified by a PE and approved by the BI.
h. 
Walls, floor, and ceiling materials located below the BFE or the elevation required by the Rhode Island Building Code (whichever is greater) shall be unfinished and be constructed of flood resistant materials.
i. 
Utilities, washers, dryers, and food freezers shall be elevated to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
j. 
For structures constructed with a crawl space:
i. 
The interior height of the crawlspace measured from the interior grade of the crawl to the top of the foundation wall shall not exceed four feet at any point.
ii. 
An adequate drainage system shall be installed to remove floodwaters from the interior area of the crawlspace within a reasonable period of time after a flood event.
k. 
A copy of the legally recorded deed restriction prohibiting the conversion of the area below the lowest floor to a use or dimension contrary to the structure's originally approved design shall be provided to the city's floodplain manager prior to the issuance of any CO.
5. 
Critical Facilities.
a. 
Construction of new critical facilities shall be prohibited within the five hundred (500) year floodplain.
b. 
Substantial improvements or repair to substantially damaged critical facilities shall:
i. 
Have the bottom of the lowest floor, including basement and utilities either elevated or dry floodproofed to or above the five hundred (500) year flood plus two feet of freeboard, as required by Section 17.16.100(A)(2)(a).;
ii. 
Provide access to said facility that is elevated to or above the five hundred (500) year flood plus two feet of freeboard;
iii. 
Have toxic substances stored on site floodproofed and sealed to ensure that said substances shall not be displaced by or released into floodwaters.
c. 
Prior to the issuance of any CO, certification shall be provided as required by Section 17.16.110(B).
6. 
Accessory Structures.
a. 
All accessory structures shall:
i. 
Not be used for human habitation. An apartment, office or other finished space over an accessory structure is considered human habitation and shall require the structure to be elevated to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
ii. 
Be used only for the storage of vehicles and/or limited storage and shall not be modified into another use.
iii. 
Be built of flood resistant materials below the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
iv. 
Have all utilities elevated to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
v. 
Have all flammable or toxic materials stored above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
b. 
Attached Garages.
i. 
A garage attached to a structure shall have the garage floor slab elevated to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater) or be dry floodproofed to above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
c. 
Detached garages and accessory structures shall:
i. 
Have unfinished interiors.
ii. 
Be wet floodproofed to above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
iii. 
Be no more than five hundred (500) square feet.
iv. 
Be anchored to resist floatation, collapse, lateral movement and overturning.
7. 
Foundation Protection. A structure may be constructed on permanent fill in accordance with the following standards:
a. 
Fill shall be placed in layers no greater than one foot deep before compacting.
b. 
The top of the fill shall be no lower than the BFE or the elevation required by the Rhode Island Building Code (whichever is greater) and extend a minimum of ten (10) feet beyond the foundation of the structure before sloping below the BFE or the elevation required by the Rhode Island Building Code (whichever is greater). The ten (10) feet minimum may be waived if a RPE certifies an alternative method has been provided to protect the structure from damage due to erosion, scour, and other hydrodynamic forces.
c. 
Fill used to support structures shall be compacted to ninety-five (95) percent of the maximum density obtainable by the Standard Proctor Test (ASTM Standard D-698) and its suitability to support structures shall be certified by a RPE.
d. 
Fill shall be protected against erosion and scour during flooding. Slopes shall be no greater than two to one horizontal/vertical. Flatter slopes may be required where velocities may cause erosion.
e. 
The fill shall not adversely affect the flow or surface drainage from or onto abutting properties.
8. 
Standards for Shallow Flooding Zones. Located in the SFHAs are areas designated as shallow flooding areas which have flood hazards associated with BFE of one foot to three feet, where a clearly defined channel does not exist and the water path of flooding is unpredictable and indeterminate; in said areas the following requirements shall apply:
a. 
Residential Construction.
i. 
New construction, substantial improvements, and repairs to substantially damaged structures shall have the lowest floor including basement and utilities elevated three feet higher than the flood depth number specified on the FIRM above the highest adjacent grade. If no flood depth is specified, the lowest floor including basement and utilities shall be elevated no less than three feet above the highest adjacent grade.
ii. 
Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.
iii. 
Prior to the issuance of any CO, certification shall be provided as required by Section 17.16.110(A).
b. 
Non-Residential Construction. New construction, substantial improvements, and repair to substantially damaged structures shall:
i. 
Have the lowest floor, including basement and utilities elevated three feet higher than the flood depth number specified on the FIRM above the highest adjacent grade. If no flood depth is specified, the lowest floor, including basement, shall be elevated no less than three feet above the highest adjacent grade; or
ii. 
Have the bottom of the lowest floor, including basement and utilities dry floodproofed to an elevation three feet higher than the flood depth number specified on the FIRM above the highest adjacent grade with watertight walls that are substantially impermeable to the passage of water, and shall be constructed with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Floodproofing measures shall take into account flood velocities, duration, and rate of rise, hydrostatic pressures, and impacts from debris or ice and shall be operable without human intervention and without an outside source of electricity. If no flood depth is specified, the floodproofing elevation shall be elevated no less than three feet above the highest adjacent grade.
iii. 
Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.
iv. 
Prior to the issuance of any CO, certification shall be provided as required by Section 17.16.110(B).
c. 
Manufactured (Mobile) Homes and Recreational Vehicles (RVs).
i. 
New manufactured homes, substantial improvements and repair to substantially damaged structures shall have the lowest floor including basement and utilities elevated three feet higher than the flood depth number specified on the FIRM above the highest adjacent grade. If no flood depth is specified, the lowest floor including basement and utilities shall be elevated no less than three feet above the highest adjacent grade.
ii. 
All manufactured homes shall be securely anchored on a permanent foundation which itself is securely anchored so to 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.
iii. 
All manufactured homes shall be installed using methods and practices which minimize flood damage.
iv. 
Public utilities and facilities in manufactured homes or subdivisions shall be constructed so as to minimize flood damage.
v. 
Prior to the issuance of any CO, certification shall be provided as required by Section 17.16.110(A).
vi. 
Recreational vehicles placed on sites shall be on the site for fewer than one hundred eighty (180) consecutive days.
B. 
Construction Standards in V-Zones and Coastal A-zones.
1. 
Residential and Non-Residential Construction. New and substantial improvements, and repair to substantially damaged structures:
a. 
Shall be elevated and secured to anchored pilings or columns and shall have the bottom of the lowest horizontal structural member of the structure and utilities elevated to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
b. 
The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state building codes.
c. 
Shall be certified by a RPE or registered architect that the design and methods of construction meet elevation and anchoring requirements.
d. 
Shall have space below the lowest floor either free of obstruction or constructed with breakaway walls. Any enclosed space shall be used solely of building, building access, or storage and shall not be used for human habitation.
e. 
Shall not utilize fill for structural support.
f. 
New development shall be located on the landward side of the reach of mean high tide.
g. 
Prior to the issuance of any CO, certification shall be provided as required by Section 17.16.110(A).
2. 
Manufactured Homes.
a. 
The placement of new manufactured homes shall not be permitted.
b. 
Existing manufactured homes which are substantially improved or repaired because they have sustained substantial damage:
i. 
Shall be elevated and secured to anchored pilings or columns and shall have the bottom of the lowest horizontal structural member of the structure and utilities elevated to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
ii. 
The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state building codes.
iii. 
Shall be certified by a RPE or registered architect that the design and methods of construction meet elevation and anchoring requirements.
iv. 
Shall have space below the lowest floor either free of obstruction or constructed with breakaway walls. Any enclosed space shall be used solely for building access or storage and shall not be used for human habitation.
v. 
Shall not utilize fill for structural support.
3. 
Recreational vehicles placed on sites shall be on the site for fewer than one hundred eighty (180) consecutive days.
(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

§ 17.16.110 Certification.

A. 
Residential Construction. Prior to the issuance of any CO, the elevation of the lowest floor of the structure including basement and utilities shall be certified by a RPE or PLS. Said certification shall be provided on a current FEMA elevation certificate.
B. 
Non-Residential Construction. Prior to the issuance of any CO:
1. 
The elevation of the lowest floor of the structure including basement and utilities shall be certified by a RPE or PLS. Said certification shall be provided on a current FEMA elevation certificate; or
2. 
A RPE or registered architect shall certify the elevation of dry floodproofing and that the design and methods of construction comply with the standards set by Section 17.16.100(A)(2)(a)(ii). Said certification shall be provided on a current FEMA floodproofing certificate.
(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

§ 17.16.120 Variance.

A. 
General. The zoning board of review (ZBR) may hear and grant a variance as prescribed in Section 17.92.010 subject to the procedures and standards contained therein. In addition to complying with the procedures and standards set by Section 17.92.010. The ZBR shall consider and make findings on the following additional factors:
1. 
The danger to life and property due to flooding including the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;
2. 
The danger that materials may be swept on to other lands to the injury of others;
3. 
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions;
4. 
The importance of the services provided by the proposed facility to City;
5. 
The requirements of the facility for a waterfront location;
6. 
The availability of alternative locations not subject to flooding for the proposed use;
7. 
The safety of access by ordinary and emergency vehicles to the property during flooding;
8. 
The heights, velocity, duration and rate of rise of the flood waters expected at the site; and
9. 
The costs of providing governmental services during and after flooding, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges.
B. 
Grant of Variance. A variance shall not be granted by the ZBR unless an applicant demonstrates compliance with the following standards:
1. 
The development shall not be located within a floodway.
2. 
The development shall not create any increase in a BFE.
3. 
The development shall not place fill for structural support on a site located in a V-zone or coastal A-zone.
4. 
There shall be no additional threat to public health, safety or creation of a nuisance.
5. 
There shall be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities.
6. 
The applicant's circumstances are unique and shall not establish a pattern inconsistent with the intent of the NFIP.
C. 
Historic structures. Variances may be issued for the repair or rehabilitation of a historic structure upon a determination that the proposed repair or rehabilitation shall not preclude the structure's continued designation as a historic structure and that the variance shall be the minimum to preserve the historic character and design of the structure.
D. 
Notification.
1. 
Any application for which a variance is granted, the ZBR shall give written notice, to the applicant, specifying the difference between the BFE and the elevation to which the lowest floor is to be built; and stating that:
a. 
The cost of the flood insurance will be commensurate with the increased risk resulting from a lower floor elevation;
b. 
There will be increases the risks to life and property; and
c. 
Being notified of these risks, the applicant shall be required to acknowledge in writing the assumption of the risk and liability.
A copy of the notice shall be recorded by the ZBR in the city's registry of deeds and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
2. 
The BI shall maintain the records of appeal actions and report the granting of any variances to the Rhode Island Emergency Management Agency.
(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

§ 17.16.130 Enforcement.

A. 
The BI shall enforce the provisions of this chapter. If the BI 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 BI may take any and all actions necessary to enforce 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 five hundred dollars ($500.00) for each violation. Each day such a violation is continued is a separate offense.
(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

§ 17.16.140 Severability.

If any provision of this chapter; or any rule, regulation or determination made there under or the application thereof to any person or, agency is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, regulation or determination and the application of the provisions to other persons or agencies shall not be affected thereby. The invalidity of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.
(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)