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:
"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.
"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.
"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 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.
"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."
"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.
"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)