The text
Footnotes:
--- (1) --- Cross reference— Animals, ch. 10; buildings and building regulations, ch. 14; manufactured homes and trailers, ch. 26; natural resources, ch. 30; solid waste, ch. 34; streets, sidewalks and other public places, ch. 38; waterways, ch. 50; zoning, app. A.
ARTICLE I. - IN GENERAL#
Secs. 22-1—22-30. - Reserved.#
ARTICLE II. - NOISE#
Sec. 22-31. - Declaration of town policy.#
It is hereby declared to be the policy of the town to prohibit unnecessary and excessive noise from all sources subject to its police power. At certain levels, noises are detrimental to the health and the welfare of the citizenry; therefore, in the public interest, such noises shall be systematically proscribed.
(Ord. of 11-3-93, § 1)
Sec. 22-32. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Ambient noise means the all-encompassing noise associated with a given environment, being a composite of sounds from many sources, near and far. For the purposes of this article, the term "ambient noise level" is the average over 15 minutes, excluding random or intermittent noises and the alleged offensive noise at the location and time of day at which a comparison with an alleged offensive noise is to be made. Averaging may be done by instrumental analysis in accordance with American National Standard S.13-1971, or may be done manually as follows: (1)
Observe a sound level meter for five seconds and record the best estimate of central tendency of the indicator needle, and the highest and lowest indications.
(2)
Repeat the observations as many times as necessary to provide that observations be made at the beginning and at the end of the 15-minute averaging period and that there shall be at least as many additional observations as there are decibels between the lowest low indication and the highest high indication.
(3)
Calculate the arithmetical average of the observed central tendency indications.
Commercial purposes means the use, operation or maintenance of any sound amplifying equipment for the purpose of advertising any business or any goods, or any services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage or customers to or for any performance, show, entertainment, exhibition or event, or for the purpose of demonstrating such sound equipment.
Decibel (dBA) means a unit of measure of sound (noise) level relative to a standard reference sound on a logarithmic scale. The decibel level of a given sound is determined as 20 times the logarithm to the base 10 of the ratio of the pressure in micronewtons per square meter of the sound being measured to the standard reference sound pressure of 20 micronewtons per square meter (0.0002 microbar).
Emergency work means work necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger or work by private or public utilities when restoring utility service.
Motor vehicles means, but is not limited to, automobiles, trucks, buses, motorcycles, minibikes and go-carts.
Noncommercial purpose means the use, operation or maintenance of any sound equipment for other than a commercial purpose. The term "noncommercial purpose" shall mean, but shall not be limited to, philanthropic, political, patriotic and charitable purposes.
Sound amplifying equipment means any machine or device for the amplification of the human voice, music, or any other sound. The term "sound amplifying equipment" shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. Sound amplifying equipment shall not include warning devices on any vehicle used only for traffic safety purposes.
Sound level (noise level) in decibels means the level measured on the A-weighted scale as defined in the American National Standard S-1.4-1071.
Sound truck means any motor vehicle or any other vehicle, regardless of motive power, whether in motion or stationary, having mounted thereon or attached thereto any sound amplifying equipment.
Unnecessary, excessive or offensive noise means any sound or noise conflicting with the criteria, standards or levels set forth in this article for permissible noises. In the absence of specific maximum noise levels, a noise level which exceeds the ambient noise level by ten dBA or more, when measured at the nearest property line or, in the case of multiple-family residential buildings, when measured anywhere in one dwelling unit with respect to a noise emanating from another dwelling unit or from common space in the same building, shall be deemed a prima facie violation of this article.
(Ord. of 11-3-93, § 2)
Cross reference— Definitions generally, § 1-2.
Sec. 22-33. - Radios, television sets and similar devices.#
It shall be unlawful for any person within any residential zone of the town to use or operate any radio receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of neighborhood residents or of any reasonable person of normal sensitivity residing in the area. The operation of any such set, instrument, phonograph, machine or device so as to exceed 50 dBA between the hours of 7:00 p.m. and 7:00 a.m. or so as to exceed 55 dBA between the hours of 7:00 a.m. and 7:00 p.m., measured at the property line of the building, structure or vehicle in which it is located, shall be prima facie evidence of a violation of this section.
(Ord. of 11-3-93, § 3)
Sec. 22-34. - Hawkers and peddlers.#
It shall be unlawful for any person within the town to sell anything by outcry within any area of the town zoned for residential uses. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, beverages at licensed sporting events, parades, fairs, circuses or other similar licensed public entertainment events.
(Ord. of 11-3-93, § 4)
Sec. 22-35. - Drums.#
It shall be unlawful for any person to use any drum, or other instrument or device of any kind, for the purpose of attracting attention by the creation of noise within the town. This section shall not apply to any person who is a participant in a school band or duly licensed to parade, or who has been otherwise duly authorized to engage in such conduct.
(Ord. of 11-3-93, § 5)
Sec. 22-36. - Schools, hospitals and churches.#
It shall be unlawful for any person to create any unnecessary, excessive or offensive noise on any street, sidewalk or public place adjacent to any school, institution of learning, hospital or church while the same is in use, provided that conspicuous signs are displayed in such street, sidewalk or public places indicating the presence of a school, hospital or church.
(Ord. of 11-3-93, § 6)
Sec. 22-37. - Machinery, equipment, fans and air conditioning.#
It shall be unlawful for any person to operate any machinery, equipment, pump, fan and air conditioning apparatus, or similar mechanical device, in any residential area so as to exceed 50 dBA between the hours of 7:00 p.m. and 7:00 a.m., or so as to exceed 55 dBA between the hours of 7:00 a.m. and 7:00 p.m.
(Ord. of 11-3-93, § 7)
Sec. 22-38. - Construction of buildings and projects.#
It shall be unlawful for any person to operate equipment or perform any outside construction or repair work on buildings, structures or projects or to operate any piledriver, power shovel, pneumatic hammer, derrick, power hoist or any other device used in removal of gravel or blasting of rock or ledge construction type device between the hours of 7:00 p.m. and 7:00 a.m. so as to create that unnecessary, excessive or offensive noise. Emergency work shall be exempted from the provisions of this section.
(Ord. of 11-3-93, § 8)
Sec. 22-39. - Vehicle repairs.#
It shall be unlawful for any person within any residential area of the town to test any motor vehicle between the hours of 7:00 p.m. and 7:00 a.m. or at any time of the day on a Sunday or legal holiday so as to create unnecessary, excessive or offensive noise.
(Ord. of 11-3-93, § 9)
Cross reference— Traffic and vehicles, ch. 46.
Sec. 22-40. - Public nuisance declared; injunctions.#
The operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision of this article, which operation or maintenance causes discomfort or annoyance to reasonable persons of normal sensitivity or endangers the comfort, repose, health or peace of residents in the area, shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
(Ord. of 11-3-93, § 11)
Sec. 22-41. - General noise regulations.#
Notwithstanding any other provision of this article, and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, excessive or offensive noise.
(Ord. of 11-3-93, § 12)
Sec. 22-42. - Complaints.#
Any person may be a complainant for the purpose of instituting action for any violation of this article.
(Ord. of 11-3-93, § 13)
ARTICLE III. - OUTDOOR HYDRONIC HEATERS#
Sec. 22-43. - Purpose.#
The town council recognizes and finds that although outdoor hydronic heaters or outdoor wood boilers (hereafter collectively referred to as "OHHs") may represent an economical alternative to conventional heating systems, such systems should not be located or used in such a manner as to compromise the health, safety and welfare of the citizens of the town resulting from harmful emissions, offensive odors, smoke, soot, fumes, ash or other conditions that may otherwise constitute a nuisance from the use and operation of outdoor furnaces.
This article seeks to regulate the location, use, construction and operation of outdoor furnaces for these purposes.
(Ord. of 3-2-09)
Sec. 22-44. - Definitions.#
The following definitions shall apply to this article:
Allowable fuels mean: 1.
Clean wood;
2.
Wood pellets made from clean wood;
3.
Manufacturer approved fuels, provided that no fuel shall be in conflict with prohibited fuels as defined herein;
4.
Home heating oil in compliance with the applicable sulfur content limit or natural gas may be used as starter fuels for dual-fired outdoor hydronic heaters.
Clean wood means wood that has no paint, stains, or other types of coatings, and wood that has not been treated with, including but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.
Existing unit or existing OHH means an outdoor hydronic heater that is sold, installed and/or operated at the intended location of use prior to the effective date of this article. A new unit or new OHH is an OHH that is not an existing OHH.
Outdoor hydronic heater or outdoor wood boiler (OHH) means a fuel burning device designed to (1) burn wood or other approved fuels; (2) that the manufacturer specifies for outdoor installation or installation in structures not normally occupied by humans (e.g., garages); and (3) heats building space and/or water via the distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture. This includes without limitation any structure, equipment, device, or apparatus, or any part thereof, which is installed, affixed, constructed or located outdoors for the primary purpose of combustion of solid fuel, including but not limited to wood, to produce heat or energy used as a component of a heating system.
Prohibited fuels mean: 1.
Any wood that does not meet the definition of clean wood;
2.
Garbage;
3.
Tires;
4.
Lawn clippings, leaves, brush trimmings, or general yard waste;
5.
Materials containing plastic;
6.
Materials containing rubber;
7.
Waste petroleum products;
8.
Paints and paint thinners;
9.
Chemicals;
10.
Coal;
11.
Glossy or colored papers;
12.
Construction and demolition debris;
13.
Plywood;
14.
Particleboard;
15.
Salt water driftwood;
16.
Manure;
17.
Animal carcasses;
18.
Asphalt products;
19.
Any material prohibited for combustion by state or federal law or regulation; and
20.
Lighter fluids, gasoline or chemicals to start the flames are prohibited.
Untreated lumber means dry wood that has been milled and dried but that has not been treated or combined with any petroleum product, chemical, preservative, glue, adhesive, stain, paint or other substance.
(Ord. of 3-2-09)
Sec. 22-45. - Requirement of permit—Initial permit.#
(a)
No person shall construct, install, use, operate, or permit to be operated on their property an OHH without first having obtained a permit from the zoning inspector. Installation of all new units requires an initial application for permit following the effective date of this article. Said application shall include a map showing the site of the unit on the property. All units, new or used shall carry a tag that identifies that the OHH complies with the EPA Phase II Emission Standard, or higher as defined by the EPA and here, and as here incorporated by reference.
(b)
An application fee shall apply, based on the percentage of cost of the OHH, for the initial application for new units, which shall include inspection for compliance with this article and shall include an inspection for compliance with all applicable plumbing, electrical, fire and other laws as deemed necessary by the zoning inspector.
(Ord. of 3-2-09)
Sec. 22-46. - Restrictions on location, operation and use.#
(a)
Location.
(1)
OHHs which conform in all respects to the requirements of this article may be permitted in all zones, however a special use permit may also be required for location of an OHH on a lot of less than two acres only upon passage of consistent zoning amendments imposing such a requirement.
(2)
Setbacks. OHHs shall be no closer than:
a.
One hundred feet from any lot line.
b.
Thirty feet from any dwelling unit, including but not limited to the structure that it services, or such number as shall be advised by the manufacturer.
(3)
The OHH must be located in the back yard (as defined by the town zoning ordinance), behind the structure to be serviced, or as close thereto as possible, in the event of unusual configuration, in the discretion of the zoning inspector, and in no event in the front yard.
(b)
Use and operation.
(1)
Fuels. No person that operates an OHH shall cause, suffer, allow or permit the use of a fuel other than allowable fuels as here defined. No person shall cause, suffer, allow or permit the burning of any prohibited fuel as here defined.
(2)
Manufacturers standards. OHHs shall, as a minimum standard, be operated in compliance with the operating manual and standards of the manufacturer of the unit, including, but not limited to, the manufacturer recommended loading times and amounts.
(3)
Stack height. The stack or chimney extending from an OHH shall be installed in accordance with the manufacturer's specifications.
(c)
Particulate emission standards for new units.
(1)
All new units, as defined in this article, shall comply, as of the effective date of this article, with the EPA Phase II Emission standard, as defined by the EPA and here, and as here incorporated by reference.
(2)
Emission standard. No person shall purchase, operate, install or allow for installation an OHH for use in the town unless it has been certified to meet a particulate matter emission limit of 0.32 lb/MMBtu heat output and satisfies the 2010 USEPA standard for same (the commonly-called Phase II Emission standard).
(Ord. of 3-2-09)
Sec. 22-47. - Existing units.#
(a)
Existing OHH. All provisions of this article shall immediately become effective as to existing units in use and operation before March 3, 2009 upon passage of the ordinance from which this article derives with the following exceptions:
(1)
Setbacks under subsection 22-46(a).
(2)
Particulate emission standards under subsection 22-46(c).
(b)
Replacement of an existing OHH. Any existing unit as defined herein that is to be replaced shall meet all provision set forth in this article except as specified herein.
(c)
Nuisance. Compliance with this article shall not exonerate or insulate the owner of an OHH from the provisions of subsection 22-48(b).
(Ord. of 3-2-09)
Sec. 22-48. - Applicability of other regulations and laws.#
(a)
Compliance with law. Outdoor furnaces shall be manufactured, constructed, installed, operated and located in conformance with any other applicable state or federal law or regulation, including but not limited to those of the US EPA and RI DEM. In the event of any conflict among state, federal and local ordinance, the more restrictive law or regulation shall apply. All other provisions of the building, electrical or other applicable laws codes shall also apply, as well as applicable subdivision and zoning regulations.
(b)
Nuisance or other condition. It is prohibited to use, maintain or operate an OHH, or use its ash or residue that creates a nuisance or an interference with the health, safety and welfare of the town or of any person. Compliance with this article shall not otherwise exonerate or insulate the owner of a furnace for the creation of nuisance or other interference with the public health, safety and welfare, and it is intended that the town and its citizens shall have preserved any public or private right of action in nuisance or otherwise resulting from the operation of such furnace, either under this article, or under any state or federal law or regulation, or the common law.
(Ord. of 3-2-09)
Sec. 22-49. - Penalties.#
(a)
Failure to comply with any provision of this article shall be a violation, and a first offense shall be punishable by a warning. Each day of each offense shall be construed to be a separate violation. Each second offense shall be punishable by a fine of $100.00, and each offense thereafter shall be $300.00 per offense. The owners of the property shall be jointly and severably liable with any other violator for any violation of this article. Any fine imposed under this article shall constitute a lien on the real property on which the OHH is located.
(b)
The zoning officer, or his designee shall be responsible for the enforcement of this article. He shall have the discretion to forego a warning for a first violation if, in his sole discretion, he is of the belief that the violation is without intent and can be brought into compliance in a reasonable time, and such compliance deadline is provided to the landowner for compliance, not to exceed ten days. Compliance within the time established shall not constitute a first offense.
(c)
Any person or entity in violation of the terms of this article shall, in addition to the above sanctions, be liable to the town for the costs of any remediation actions reasonably necessitated by the actions of the violator(s), and for the costs (including reasonable attorney fees) of any action brought for equitable or legal action against the violator, which costs and fees shall constitute a lien against the property on which the furnace is located.
(Ord. of 3-2-09)
Sec. 22-50. - Suspension of operation.#
(a)
Any OHH may be suspended immediately from operation, within the discretion of the zoning inspector or his designee, should that official or his designee determine that a nuisance is or has been caused by the use and operation of the furnace, as a result of any condition, including, without limitation, malodorous air contaminants detectable on land other than that of the owner; emissions that interfere with the reasonable enjoyment of the life or property of that other than the owner; the emissions cause damage to the environment, vegetation or property of another, or for any other violation of the terms of this article.
(b)
An OHH may be reinstated by the zoning inspector, or his designee, once he has determined that compliance has been established and the offending condition has been remedied.
(Ord. of 3-2-09)
ARTICLE IV. - SPECIAL FLOOD HAZARD AREAS#
Sec. 22-51. - Statement of purpose.#
The purpose of this article 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 Exeter elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended).
(Ord. of 10-4-10)
Sec. 22-52. - Applicability.#
(a)
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 Exeter designated as Zone A, AE, AH, AO, A99, V or VE on the Washington 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 (NFIP). The map panels of the Washington County FIRM that are wholly or partially within the Town of Exeter are Panels Nos., 44009C0045J, 44009C0055J, 44009C0060J, 44009C0062J, 4009C0065J, 44009C0070J, 44009C0080J, 44009C0085J, 44009C0090J, 44009C0091J, 44009C0092J, 44009C0093J, 44009C0094J, dated April 3, 2020 and 44009C0035K, dated July 19, 2023. 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 Washington County Flood Insurance Study (FIS) report dated April 3, 2020. The FIRM and FIS report and any revisions thereto are incorporated herein by reference and are on file with the town planner and building official.
(b)
Administrative provisions.
Use permit. All proposed construction or other development within a special flood hazard area shall require a permit.
If the construction or other development within a special flood hazard area is not covered by a building or other approved permit application, a flood hazard development permit shall be required. The application for a flood hazard development permit shall be submitted to the Exeter Building Inspector and shall include: (1)
The name and address of the applicant;
(2)
An address or a map indicating the location of the construction site;
(3)
A site plan showing location of existing and proposed structures, sewage disposal facilities, water supply facilities, areas to be cut and filled, and the dimensions of the lot;
(4)
A statement of the intended use of the structure;
(5)
A statement as to the type of sewage system proposed;
(6)
Specification of dimensions of the proposed structures;
(7)
The specific datum used for all elevations;
(8)
The elevation (in relation to mean sea level) of the lowest floor, including basement, and if the lowest floor is below grade on one or more sides, the elevation of the floor immediately above;
(9)
Base flood elevation data for all new, relocated or substantially improved structures;
(10)
The elevation (in relation to mean sea level) to which the structure will be flood proofed;
(11)
The description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.
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.
A permit fee (based on the cost of the construction) may be required to be paid to the Town of Exeter and a copy of a receipt for the same shall accompany the application. An additional fee may be charged if the code enforcement officer and/or board of appeals needs the assistance of a professional engineer.
Disclaimer of liability. The degree of flood protection required by the article is considered reasonable but does not imply total flood protection.
Severability. If any section, provision, or portion of this article is adjudged unconstitutional or invalid by a court, the remainder of the article shall not be affected.
Abrogation and greater restriction. This article shall not in any way impair/remove the necessity of compliance with any other applicable laws, ordinances, regulations, etc. Where this article imposes a greater restriction, the provisions of this article shall control.
(Ord. of 10-4-10; Amd. of 3-30-20; Amd. of 7-10-23, § 1)
Sec. 22-53. - Notification of watercourse alteration.#
In a riverine situation, the town planner shall notify the following of any alteration or relocation of a watercourse: • Adjacent communities
• Bordering states (optional)
• NFIP state coordinator
Rhode Island Emergency Management Agency
645 New London Avenue
Cranston, RI 02920
• NFIP program specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
The carrying capacity of the altered or relocated watercourse shall be maintained.
(Ord. of 10-4-10)
Sec. 22-54. - Use regulations.#
(a)
Reference to existing regulations. The special flood hazard areas are established as a floodplain overlay district. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with the following:
—
Rhode Island State Building Code (As established under Rhode Island General Law § 23-27.3);
—
Coastal Resources Management Program, Coastal Resource Management Council (G.L. § 46-23)
—
Freshwater Wetlands Act, Department of Environmental Management (G.L. § 46-23-6)
—
Minimum Standards Related to Individual Sewage Disposal Systems, Department of Environmental Management (G.L. § 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.
(b)
Other use regulations.
(1)
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.
(2)
Within zones AO on the FIRM, new and substantially improved residential structures shall have their lowest floor at least as high as the FIRM's depth number above the highest adjacent grade and non-residential 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 floodproofed to at least two feet above the highest adjacent grade.
(3)
In zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Washington County FIRM or Flood Boundary and Floodway Map 0062H, 0091H, and 0094H. 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.
(4)
All subdivision proposals must be designed to assure that:
a.
Such proposals minimize flood damage;
b.
All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
c.
Adequate drainage is provided to reduce exposure to flood hazards.
(5)
Detached accessory structures in zones A, AE, A1-30, AO, and AH (i.e., garages, sheds) do not have to meet the elevation or dry floodproofing requirement if the following standards are met:
a.
The structure is no more than 100 square feet in size and has a value less than $1,000.00.
b.
The structure has unfinished interiors and must not be used for human habitation. An apartment, office or other finished space over a detached garage is considered human habitation and would require the structure to be elevated.
c.
The structure is used solely for parking of vehicles and/or limited storage.
d.
The accessory must be wet floodproofed and designed to allow for the automatic entry and exit of flood water.
e.
The accessory structure shall be firmly anchored to prevent flotation, collapse and lateral movement.
f.
Service facilities such as electrical, mechanical and heating equipment must be elevated or floodproofed to or above the base flood elevation.
g.
The structure must not increase the flood levels in the floodway.
(6)
Existing contour intervals of site and elevations of existing structures must be included on plan proposal.
(c)
Base flood elevation and floodway data.
(1)
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.
(2)
Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A zones.
(3)
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 non-residential structures to or above the base flood level and for floodproofing non-residential structures to or above the base flood level.
(Ord. of 10-4-10)
Sec. 22-55. - Definitions.#
Unless specifically defined below, words and phrases used in this article pertain to floodplain management, have the same meaning as they have in common usage and to give this article it's most reasonable application.
Accessory structure. A structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
Area of shallow flooding. A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Area of special flood hazard. See definition for "Special flood hazard area".
Base flood. The flood having a one percent chance of being equaled or exceeded in any given year, also referred to as the 100-year flood, as published by the Federal Emergency Management Agency (FEMA) as part of a flood insurance study (FIS) and depicted on a flood insurance rate map (FIRM).
Base flood elevation (BFE). 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.
Basement. Any area of the building having its floor subgrade (below ground level) on all sides.
Building. See definition for "Structure."
Cost. As related to substantial improvements, the cost of any reconstruction, rehabilitation, addition, alteration, repair or other improvement of a structure shall be established by a detailed written contractor's estimate. The estimate shall include, but not be limited to: the cost of materials (interior finishing elements, structural elements, utility and service equipment); sales tax on materials, building equipment and fixtures, including heating and air conditioning and utility meters; labor; built-in appliances; demolition and site preparation; repairs made to damaged parts of the building worked on at the same time; contractor's overhead; contractor's profit; and grand total. Items to be excluded include: cost of plans and specifications, survey costs, permit fees, costs to correct code violations subsequent to a violation notice, outside improvements such as septic systems, water supply wells, landscaping, sidewalks, fences, yard lights, irrigation systems, and detached structures such as garages, sheds, and gazebos.
Development. Any man-made change to improved or unimproved real estate, including but not limited to the construction of buildings or structures; the construction of additions, alterations or substantial improvements to buildings or structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment; the storage, deposition, or extraction of materials; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.
Existing manufactured home park or manufactured home subdivision. A manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured home are to be affixed (including, as a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
Expansion to an existing manufactured home park or existing manufactured home subdivision. 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).
Federal Emergency Management Agency (FEMA). The federal agency that administers the National Flood Insurance Program (NFIP)
Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from either the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff of surface waters from any source.
Flood insurance rate map (FIRM). The official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas (100-year floodplain) and the insurance risk premium zones applicable to a community. FIRM published after January 1990 may also show the limits of the regulatory floodway.
Flood insurance study (FIS). The official study of a community in which the Federal Emergency Management Agency (FEMA) has conducted a technical engineering evaluation and determination of local flood hazards, flood profiles and water surface elevations. The flood insurance rate maps (FIRM), which accompany the FIS, provide both flood insurance rate zones and base flood elevations, and may provide the regulatory floodway limits.
Floodproofing. 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.
Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. For the purposes of these regulations, the term "Regulatory floodway" is synonymous in meaning with the term "Floodway".
Functionally dependent use or facility. A use or facility that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities. The term does not include seafood processing facilities, long-term storage, manufacturing, sales or service facilities.
Highest adjacent grade (HAG). The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historic structure. Any structure that is: (a) listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) by an approved state program as determined by the Secretary of the Interior or (2) directly by the Secretary of the Interior in states without approved programs.
Lowest floor. The lowest floor of the lowest enclosed area (including basement).
Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term also includes park trailers, travel trailers, recreational vehicles and other similar vehicles or transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.
Manufactured home park or manufactured home subdivision. A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.
Market value. Market value is the price of a structure that a willing buyer and seller agree upon. This can be determined by an independent appraisal by a professional appraiser; the property's tax assessment, minus land value; the replacement cost minus depreciation of the structure; the structure's actual cash value.
New construction. Structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. (required)
New manufactured home park or manufactured home subdivision. A manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain regulations adopted by the community.
Recreational vehicle. A vehicle which is: (a) built on a single chassis; (b) 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.
Regulatory floodway. See definition for "Floodway."
Sheet flow area. See definition for "Area of shallow flooding."
Special flood hazard area (SFHA). The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. SFHAs are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the flood insurance study (FIS) for a community. BFEs provided on flood insurance rate map (FIRM) are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location. SFHAs include, but are not necessarily limited to, the land shown as zones A, A1-30, AE, AO, AH, and the coastal high hazard areas shown as zones V, V1-30, and VE on a FIRM. The SFHA is also called the area of special flood hazard.
Start of construction. For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does in include excavation for a basement, footings, piers, or foundations or the erections of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Structure. A walled and roofed building which is principally above ground, including a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.
Substantial damage. Damage of any origin sustained by a structure, where the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Substantial improvement. Any combination of repairs, reconstruction, rehabilitation, alterations, additions or other improvements to a structure, taking place within any 12-month period, in which the cumulative cost equals or exceeds 50 percent of the market value of the structure ([G.L.] § 23-27.3-106.1). This term includes structures that have incurred "substantial damage", regardless of the actual repair work performed. For purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (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".
Variance. A grant of relief by a community from the terms of the floodplain management ordinance that allows construction in a manner otherwise prohibited and where specific enforcement would result in unnecessary hardship.
Violation. Failure of a structure or other development to be fully complaint with the community's floodplain management ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is resumed to be in violation until such time as that documentation is provided.
(Ord. of 10-4-10)