Little Compton City Zoning Code
§ 14-5.9
Special Flood Hazard Areas.
[6/23/94, Art. 5; Ord. 5/6/99, § 4; Ord. 3/18/10; Ord. 7/25/13]
The purpose of this subsection 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 Little Compton elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended).
a.
Applicability.
1.
Special Flood Hazard Areas. The special flood hazard areas are herein established as a floodplain overlay district. The district includes all special flood hazard areas within the Town of Little Compton designated as Zone A, AE, AH, AO, A99, V, or VE on the Newport County Flood Insurance Rate Map (FIRM) and digital FIRM issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Newport County FIRM that are wholly or partially within the Town of Little Compton are Panel Numbers: 4405C0109J, 4405C0116J, 4405C0117J, 4405C0118J, 4405C0119K, 4405CO206K, and 4405CO207K, dated July 6, 2021; and 4405C0112J, 4405C0114J, 4405C0138J, 4405CO202J, 4405CO204J, 4405CO208J, and 4405CO226J, dated September 4, 2013; and 4405C0136H, dated April 5, 2010. The exact boundaries of the district may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Newport County Flood Insurance Study (FIS) report dated July 6, 2021.. The Office of the Building Official is responsible for floodplain management. The FIRM and FIS report and any revisions thereto are incorporated herein by reference and are on file with the Town Clerk and the Building Official, both located a 40 Commons, Little Compton, Rhode Island. In addition, the Town of Little Compton's website shall include links to the FIRMs including plat and lot zones.
[Amended 3-16-2020; 7-9-2020; 5-20-2021]
b.
Administrative Provisions.
1.
Building Permit. All proposed construction or other development within a Special Flood Hazard Area shall require a permit.
The National Flood Insurance Program Special Flood Hazard Area requires permits for all projects that meet the definition of development, not just "building" projects. Development projects include any filling, grading, excavating, mining, drilling, storage of materials, temporary stream crossings. If the construction or other development within a Special Flood Hazard Area is not covered by a building permit, all other nonstructural activities shall be permitted by either the Rhode Island Coastal Resources Management Council and/or the Rhode Island Department of Environmental Management as applicable. Therefore if another State agency issues a permit, the local Building Official must have the opportunity for input and keep a copy of the respective permit in their files.
Prior to the issuance of a building or development permit, the applicant shall submit evidence that all necessary permits and approvals have been received from all government agencies from which approval is required by Federal or State law, including the Town of Little Compton Zoning Ordinance.
A permit fee (based on the cost of the construction) may be required to be paid to the Town of Little Compton and a copy of a receipt for the same shall accompany the application. An additional fee may be charged if the Code Enforcement Officer and/or Zoning Board of Review needs the assistance of a professional engineer.
2.
Disclaimer of Liability. The degree of flood protection required by the subsection is considered reasonable but does not imply total flood protection.
3.
Severability. If any section, provision, or portion of this subsection is adjudged unconstitutional or invalid by a court, the remainder of the subsection shall not be affected.
4.
Abrogation and Greater Restriction. This ordinance shall not in any way impair/remove the necessity of compliance with any other applicable laws, ordinances, regulations, etc. Where this ordinance imposes a greater restriction, the provisions of this subsection shall control.
5.
Enforcement. The Building Official shall enforce all provisions as applicable in reference to RIGL § 23-27.3-108.1.
6.
Penalties. Every person who shall violate any provision of this ordinance shall be subject to penalties put forth in RIGL § 23-27.3-122.3.
c.
Notification of Watercourse Alteration.
[Amended 4-30-2020]
1.
In a riverine situation, the Building Official shall notify the following of any alteration or relocation of a watercourse.
Adjacent Communities (Tiverton, RI and Westport, MA) |
NFIP State Coordinator Rhode Island Emergency Management Agency 645 New London Avenue Cranston, RI 02920 |
Risk Analysis Branch Federal Emergency Management Agent, Region I 99 High Street, 6th Floor Boston, MA 02110 |
The carrying capacity of the altered or relocated watercourse shall be maintained. Within six months, notify FEMA of changes in the base flood elevation by submitting technical or scientific data so insurance and floodplain management can be based on current data. |
d.
Use Regulations.
1.
Reference to Existing Regulations. The Special Flood Hazard Areas are established as a floodplain overlay district. All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit must be in compliance with the following:
(a)
Rhode Island State Building Code (as established under Rhode Island General Law § 23-27.3)
(b)
Coastal Resources Management Act, Rhode Island Coastal Resource Management Council (RIGL § 46-23)
(c)
Freshwater Wetlands Act, Rhode Island Department of Environmental Management (RIGL § 2-1-18)
(d)
Minimum Standards Related to Individual Sewage Disposal Systems, Rhode Island Department of Environmental Management (RIGL § 5-56, 5-56.1, 23-19.15, 23-19.5, 23-24.3, 42-17.1 and 46-13.2)
(f)
Endangered Species Act, Rhode Island Department of Environmental Management (RIGL § 20-1-2)
(g)
Water Quality Regulations, Rhode Island Department of Environmental Management (RIGL § 42-17.1 and 42-17.6 and 46-12)
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. |
2.
Other Use Regulations.
(a)
Within Zones AH and AO on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
(b)
Within Zones AO on the FIRM, new and substantially improved residential structures shall have the top of the lowest floor at least as high as the FIRM's depth number above the highest adjacent grade and nonresidential structures shall be elevated or flood-proofed above the highest adjacent grade to at least as high as the depth number on the FIRM. On FIRMs without a depth number for the AO Zone, structures shall be elevated or flood-proofed to at least two feet above the highest adjacent grade.
(c)
In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Newport County FIRM encroachments are prohibited in the regulatory floodway, which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(e)
Detached accessory structures in Zones A, AE, A1- 30, AO, and AH (i.e., garages, sheds) do not have to meet the elevation or dry flood-proofing requirement if one or more of the following standards are met:
(1)
The structure has a value less than $1,000.
(2)
The structure has unfinished interiors and must not be used for human habitation. An apartment, office or other finished space over a detached garage is considered human habitation and would require the structure to be elevated.
(3)
The structure is used solely for parking of vehicles and/or limited storage.
(4)
The accessory must be wet flood-proofed and designed to allow for the automatic entry and exit of floodwater.
(5)
The accessory structure shall be firmly anchored to prevent flotation, collapse and lateral movement.
(6)
Service facilities such as electrical, mechanical and heating equipment must be elevated or flood-proofed to or above the base flood elevation.
(7)
The structure must not increase the flood levels in the floodway.
(8)
The structure is not in the floodway.
(9)
The structure is not used for storage of hazardous materials.
(f)
Existing contour intervals of site and elevations of existing structures must be included on plan proposal.
(g)
No person shall change from business/commercial to residential use of any structure or property located in the floodway of a Special Flood Hazard Area so as to result in a use or expansion that could increase the risk to the occupants.
(h)
The space below the lowest floor:
(1)
Free of obstructions as described in FEMA Technical Bulletin 5 "Free of Obstruction Requirements for Buildings Located in Coastal High Hazard Area in Accordance with the National Flood Insurance Program;" or
(2)
Constructed with open wood lattice-work, or insect screening intended to collapse under wind and water without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting piles or columns; or
(3)
Designed with an enclosed area less than 300 square feet that is constructed with nonsupporting breakaway walls that have a design safe loading resistance of not less than 10 or more than 20 pounds per square foot.
3.
Variance Regulations. Where strict application of the requirements of this subsection would create an undue hardship, the Zoning Board of Review, in accordance with the procedures outlined in § 14-9 of this chapter, may grant a variance from the application of the provisions of this subsection. In granting such a variance, in addition to such provisions, the Board of Review shall grant the least variance required to reduce said hardship and, further, shall:
(a)
Make a written decision containing findings that strict compliance with said provision(s) would result in undue hardship that is confiscatory in extent and would prevent all beneficial use of the land or structure.
(b)
Describe in its written decision the exact extent of the variance granted.
(c)
Indicate in its written decision that the grant of said variance may affect the flood insurance rates as they apply to the subject property.
(d)
Forward a copy of its written decision to the applicant, the Building Official and the Statewide Planning Program of the State of Rhode Island.
4.
Base Flood Elevation and Floodway Data.
(a)
Floodway Data. In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(b)
Base Flood Elevation Data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or 5 acres, whichever is the lesser, within unnumbered A zones.
(c)
Base Flood Elevations in A Zones. In the absence of FEMA BFE data and floodway data, the best available Federal, State, local, or other BFE or floodway data shall be used as the basis for elevating residential and nonresidential structures to or above the base flood level and for flood proofing nonresidential structures to or above the base flood level.
e. ACCESSORY STRUCTURE AREA OF SHALLOW FLOODING AREA OF SPECIAL FLOOD HAZARD BASE FLOOD BASE FLOOD ELEVATION (BFE) BASEMENT BUILDING COASTAL A ZONE COST DEVELOPMENT EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR EXISTING MANUFACTURED HOME SUBDIVISION FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY (FIS) FLOOD OR FLOODING FLOOD PROOFING FLOODWAY FREEBOARD FUNCTIONALLY DEPENDENT USE OR FACILITY HIGHEST ADJACENT GRADE (HAG) HISTORIC STRUCTURE LIMIT OF MODERATE WAVE ACTION (LIMWA) LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION MARKET VALUE NEW CONSTRUCTION NEW MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION RECREATIONAL VEHICLE REGULATORY FLOODWAY SHEET FLOW AREA SPECIAL FLOOD HAZARD AREA (SFHA) START OF CONSTRUCTION STRUCTURE1. 2. 3. SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT VARIANCE VIOLATION
Definitions. Unless specifically defined below, words and phrases used in this ordinance pertain to floodplain management, have the same meaning as they have in common usage to give this ordinance most reasonable application. The definitions found below shall prevail for all properties located within a Special Flood Hazard Area.
Shall mean 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.
Shall mean designated AO, AH, AR/AO, AR/AH, or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
See definition for "Special Flood Hazard Area."
Shall mean the flood having a 1% chance of being equaled or exceeded in any given year.
Shall mean the elevation of the crest of the base flood or 100-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.
Shall mean any area of the building having its floor sub grade (below ground level) on all sides.
See definition for "Structure."
Shall mean 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 height shall be greater than or equal to 1.5 feet.
Shall mean 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.
Shall mean 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.
Shall mean 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.
Shall mean the preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Shall mean the Federal agency that administers the National Flood Insurance Program (NFIP).
Shall mean 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 a community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
Shall mean 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.
Shall mean 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.
Shall mean 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.
Shall mean 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."
Shall mean 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.
Shall mean a use or facility that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities.
Shall mean the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Shall mean 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.
Shall mean an advisory line indicating the limit of the 1.5-foot wave height during the base flood.
Shall mean 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 building so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.
Shall mean 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."
Shall mean a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.
Shall mean 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.
Shall mean 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.
Shall mean 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.
Shall mean a vehicle which is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.
See definition for "Floodway."
See definition for "Area of shallow flooding."
Shall mean the land in the floodplain within a community subject to a 1% 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."
Shall mean 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.
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. For insurance purposes, means:
A building with two or more outside rigid walls and a fully secured roof, that is affixed to a permanent site;
A manufactured home ("a manufactured home," also known as a mobile home, is a structure; built on permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation); or
A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the community's floodplain management and building ordinances or laws. For the latter purpose, "structure" does not mean recreational vehicle or a park trailer or other similar vehicle, except as described in Subsection (3) of this definition, or a gas or liquid storage tank.
Shall mean damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Shall mean any reconstruction, rehabilitation, additions 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 that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) 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 (2) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
Shall mean 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.
Shall mean failure of a structure or other development to be fully compliant with the community's floodplain management ordinance. A structure or other development without required permits, lowest floor elevation documentation, flood-proofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.