[Amended 1-13-2015 by Ord. No. 319]
A.
Findings.
(1)
The Federal Emergency Management Agency (FEMA) has identified special
flood hazard areas within the boundaries of the Town of Ocean View.
Special flood hazard areas are subject to periodic inundation which
may result in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the
tax base, all of which adversely affect the public health, safety
and general welfare. Development that is inadequately elevated, improperly
floodproofed, or otherwise unprotected from flood damage also contributes
to the flood loss.
(2)
The Town of Ocean View, by resolution, agreed to meet the requirements
of the National Flood Insurance Program and was accepted for participation
in the program on September 3, 1980. As of that date or the initial
effective date of the Town of Ocean View Flood Insurance Rate Map,
all development and new construction as defined herein, are to be
compliant with this article.
B.
Statement of purpose. It is the purpose of this article to promote
the public health, safety and general welfare, and to:
(1)
Protect human life, health and welfare;
(2)
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future;
(3)
Minimize flooding of water supply and sanitary sewage disposal systems;
(4)
Maintain natural drainage;
(5)
Reduce financial burdens imposed on the community, its governmental
units and its residents, by discouraging unwise design and construction
of development in areas subject to flooding;
(6)
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
(7)
Minimize prolonged business interruptions;
(8)
Minimize damage to public facilities and other utilities such as
water and gas mains, electric, telephone and sewer lines, streets
and bridges;
(9)
Reinforce that those who build in and occupy special flood hazard
areas should assume responsibility for their actions;
(10)
Minimize the impact of development on adjacent properties within
and near flood-prone areas;
(11)
Provide that the flood storage and conveyance functions of the
floodplain are maintained;
(12)
Minimize the impact of development on the natural and beneficial
functions of the floodplain;
(13)
Prevent floodplain uses that are either hazardous or environmentally
incompatible; and
(14)
Meet community participation requirements of the National Flood
Insurance Program as set forth in the Code of Federal Regulations
at 44 CFR 59.22.
D.
Basis for establishing special flood hazard areas.
(1)
For the purposes of this article, the following are adopted by reference
as a part of this article and serve as the basis for establishing
special flood hazard areas:
(a)
The FEMA Flood Insurance Study for Sussex County, Delaware and
Incorporated Areas, dated March 16, 2015, and all subsequent amendments
and/or the most recent revision thereof.
(b)
The FEMA Flood Insurance Rate Map for Sussex County, Delaware
and Incorporated Areas, dated March 16, 2015, and all subsequent amendments
and/or the most recent revision thereof.
(c)
Other hydrologic and hydraulic engineering studies and/or maps
prepared pursuant to this article or for other purposes, and which
establish base flood elevations, delineate one-hundred-year floodplains,
floodways or other areas of special flood hazard.
(d)
The Town of Ocean View may identify and regulate new local flood
hazard or ponding areas. These areas should be delineated and adopted
on a local flood hazard map using best available topographic data
and locally derived information such as flood of record, historic
high-water marks or approximate study methodologies.
(e)
Where field-surveyed topography indicates that ground elevations
are below the closest applicable base flood elevation, even in areas
not delineated as a special flood hazard area on a flood hazard map,
the area shall be considered as special flood hazard area.
(f)
Maps and studies that establish special flood hazard areas are
on file at the office of the Administrative Official, 201 Central
Avenue — 2nd Floor, Ocean View, DE 19970.
E.
Abrogation and greater restrictions. This article is not intended
to repeal or abrogate any existing ordinances including subdivision
regulations, zoning ordinances or building codes. In the event of
a conflict between this article and any other ordinance, the more
restrictive shall govern. This article shall not impair any deed restriction,
covenant or easement, but the land subject to such interests shall
also be governed by this article.
F.
Interpretation. In the interpretation and application of this article,
all provisions shall be:
(1)
Considered as minimum requirements;
(2)
Liberally construed in favor of the governing body;
(3)
Deemed neither to limit nor repeal any other powers granted under
state statutes; and
(4)
Where a provision of this article may be in conflict with a state
or federal law, such state or federal law shall take precedence, where
more restrictive.
G.
Warning and disclaimer of liability. The degree of flood protection
required by this article is considered reasonable for regulatory purposes
and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This article does not imply
that land outside of the special flood hazard areas or uses that are
permitted within such areas will be free from flooding or flood damage.
This article shall not create liability on the part of the Town of
Ocean View, any officer or employee thereof, or the Federal Emergency
Management Agency, for any flood damage that results from reliance
on this article or any administrative decision lawfully made thereunder.
H.
Severability. Should any section or provision of this article be
declared by the courts to be unconstitutional or invalid, such decision
shall not affect the validity of the regulations as a whole, or any
part thereof other than the part so declared to be unconstitutional
or invalid.
Unless specifically defined below, words or phrases used in
this article shall be interpreted so as to give them the meaning they
have in common usage and to give this article the most reasonable
application.
A structure on the same lot with, and of a nature customarily
incidental and subordinate to, the principal structure.
A designated Zone AO on a community's Flood Insurance
Rate Map with a one-percent annual chance or greater 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.
The flood having a one-percent chance of being equaled or
exceeded in any given year; the base flood also is referred to as
the "one-hundred-year flood" (or the "one-percent-annual-chance flood").
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The water surface elevation of the base flood in relation
to the datum specified on the community's Flood Insurance Rate
Map. In areas of shallow flooding, the base flood elevation is the
natural grade elevation plus the depth number specified in feet on
the Flood Insurance Rate Map, or at least two feet if the depth number
is not specified.
Any area of the building having its floor subgrade (below
ground level) on all sides.
A wall that is designed and certified by a registered design
professional 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.
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high velocity wave action from storms. Coastal
high hazard areas also are referred to as "Zone V" or "V Zones" and
are designated on FIRMs as flood insurance risk Zone VE.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, placement
of manufactured homes, mining, dredging, filling, grading, paving,
excavation or drilling operations or storage of equipment or materials.
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.
The National Flood Insurance Program, Elevation Certificate
(FEMA Form 086-0-33), used to document building elevations and other
information about buildings. When required to be certified, the form
shall be completed by a licensed professional land surveyor.
An unfinished or flood-resistant enclosure usable solely
for parking of vehicles, building access, or storage, in an area other
than a basement.
The federal agency with the overall responsibility for administering
the National Flood Insurance Program.
A series of guidance documents published by FEMA to provide
guidance concerning building performance standards of the National
Flood Insurance Program. See sections where specific TBs are identified.
Any construction material capable of withstanding direct
and prolonged contact with floodwaters without sustaining any damage
that requires more than cosmetic repair. See FEMA Technical Bulletin
No. 2 – Flood Damage-Resistant Materials Requirements and FEMA
Technical Bulletin No. 8 – Corrosion Protection for Metal Connectors
in Coastal Areas.
An official map on which FEMA has delineated special flood
hazard areas to indicate the magnitude and nature of flood hazards,
and to designate applicable flood zones.
ZONE ASpecial flood hazard areas inundated by the one-percent-annual-chance flood; base flood elevations are not determined.
ZONE AESpecial flood hazard areas subject to inundation by the one-percent-annual-chance flood; base flood elevations are determined; floodways may or may not be determined.
ZONE AOAreas of shallow flooding, with or without a designated average flood depth.
ZONE X (SHADED)Areas subject to inundation by the five-hundred-year flood (0.2% annual chance); areas subject to the one-percent-annual-chance flood with average depths of less than one foot or with contributing drainage area less than one square mile; and areas protected by levees from the base flood.
ZONE X (UNSHADED)Areas determined to be outside the one-percent-annual-chance flood and outside the five-hundred-year floodplain.
ZONE VESpecial flood hazard areas subject to inundation by the one-percent-annual-chance flood and subject to high velocity wave action (also referred to as coastal high hazard areas).
LIMIT OF MODERATE WAVE ACTION (LiMWA)The inland limit of the area affected by waves greater than 1.5 feet during the base flood. Base flood conditions between the Zone VE and the LiMWA will be similar to, but less severe than, those in the Zone VE.
The official report in which the Federal Emergency Management
Agency has provided flood profiles, floodway information, and the
water surface elevations.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
Any land area susceptible to being inundated by water from
any source. (See "flood or flooding.")
The National Flood Insurance Program, Floodproofing Certificate
for Non-Residential Structures (FEMA Form 86-0-34), used by registered
professional engineers and architects to certify dry floodproofing
designs.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to pass the base flood discharge
such that the cumulative increase in the water surface elevation of
the base flood discharge is no more than a designated height.
A factor of safety usually expressed in feet above a flood
elevation for the 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, obstructed bridge
openings, debris and ice jams, and the hydrologic effect of urbanization
in a watershed.
A use which 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, but does not include long-term storage or
related manufacturing facilities.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Individually listed in the National Register of Historic Places
(a listing maintained by the United States Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
or
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.
An analysis performed by a professional engineer, licensed
in the State of Delaware, in accordance with standard engineering
practices as accepted by FEMA, used to determine the base flood, other
frequency floods, flood elevations, floodway information and boundaries,
and flood profiles.
An official FEMA determination, by letter, to amend or revise
an effective Flood Insurance Rate Map, Flood Boundary and Floodway
Map, and Flood Insurance Study. "Letters of map change" include:
LETTER OF MAP AMENDMENT (LOMA)An amendment based on technical data showing that a property was inadvertently included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.
LETTER OF MAP REVISION (LOMR)A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a "letter of map revision based on fill (LOMR-F)," is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood; in order to qualify for this determination, the fill must have been permitted and placed in accordance with this article.
CONDITIONAL LETTER OF MAP REVISION (CLOMR)A formal review and comment as to whether a proposed flood protection project complies with the minimum National Flood Insurance Program requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies; upon submission to and approval of certified as-built documentation, a letter of map revision may be issued.
The lowest floor of the lowest enclosed area (including basement)
of a structure. This definition excludes an "enclosure below the lowest
floor" which is an unfinished or flood-resistant enclosure usable
solely for parking of vehicles, building access or storage, in an
area other than a basement area, provided that such enclosure is built
in accordance with the applicable design requirements specified in
this article for enclosures below the lowest floor.
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 connected to the required utilities. The
term "manufactured home" does not include a recreational vehicle.
Buildings and structures, including additions and the placement
of manufactured homes, for which the start of construction commenced
on or after September 3, 1980, including any subsequent improvements
to such structures.
An individual or group of individuals, corporation, partnership,
association, or any other entity, including state and local governments
and agencies.
A vehicle that is built on a single chassis, 400 square feet
or less when measured at the largest horizontal projection, designed
to be self-propelled or permanently towable by a light-duty truck,
and designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
The land in the floodplain subject to a one-percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency in Flood Insurance Studies and on Flood Insurance Rate Maps as Zones A, AE, A1-30, AO, and Zone VE. The term includes areas shown on other flood hazard maps that are specifically listed or otherwise described in Article I, § 116-1D.
The date of issuance of building permits for new construction
and substantial improvements, provided that the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within 90 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
structures, 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
the ground, as well as a manufactured home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include 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 prior to the application
for a development permit by the local code enforcement official and
which are the minimum necessary to assure safe living conditions.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
this article is presumed to be in violation until such time that documentation
is provided.
A.
Designation of the Floodplain Administrator. The Administrative Official is hereby appointed pursuant to Chapter 84 to administer and implement this article and is referred to herein as the Floodplain Administrator. The Floodplain Administrator is authorized to fulfill the duties and responsibilities set forth in this article; delegate duties and responsibilities set forth in this article to qualified technical personnel, plan examiners, inspectors, and other employees; or enter into a written agreement or written contract with another jurisdiction or agency, or private sector entity to administer specific provisions of this article. Administration of any part of this article by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFRs 59.22.
B.
Duties and responsibilities of the Floodplain Administrator. The
duties and responsibilities of the Floodplain Administrator shall
include but are not limited to:
(1)
Review applications for permits to determine whether proposed activities
will be located in special flood hazard areas.
(2)
Interpret floodplain boundaries and provide flood elevation and flood
hazard information.
(3)
Advise applicants for new construction or substantial improvement
of structures that are located on any coastal barrier within the Coastal
Barrier Resources System established by the Coastal Barrier Resources
Act that federal flood insurance is not available on such structures;
areas subject to this limitation are shown on Flood Insurance Rate
Maps as identified undeveloped coastal barriers or otherwise protected
areas.
(4)
Review applications to determine whether proposed activities will
be reasonably safe from flooding.
(5)
Review applications to determine whether all necessary permits have
been obtained from those federal, state or local agencies from which
prior or concurrent approval is required.
(6)
Verify that applicants proposing to alter or relocate a watercourse
have notified adjacent communities and the Delaware Department of
Natural Resources and Environmental Control (Division of Watershed
Stewardship), and have submitted copies of such notifications to the
Federal Emergency Management Agency.
(7)
Issue permits to develop in special flood hazard areas when the provisions
of this article have been met, or disapprove the same in the event
of noncompliance.
(8)
Inspect buildings and lands to determine compliance with this article
or to determine if noncompliance has occurred or violations have been
committed.
(9)
Review submitted elevation certificates for completeness.
(10)
Submit to FEMA data and information necessary to maintain flood
hazard maps, including hydrologic and hydraulic engineering analyses
prepared by or for the Town of Ocean View, corrections to labeling
or planimetric details, etc.
(11)
Maintain and permanently keep all records for public inspection
that are necessary for the administration of this article, including
Flood Insurance Rate Maps, letters of map amendment and revision,
records of issuance and denial of permits, determinations of whether
development is in or out of special flood hazard areas for the purpose
of issuing permits, elevation certificates, other required certifications,
variances, and records of enforcement actions taken for violations
of this article.
(12)
Enforce the provisions of this article.
(13)
Assist with and coordinate flood hazard map maintenance activities.
(14)
Conduct determinations as to whether existing buildings and
structures damaged by any cause and located in special flood hazard
areas, have been substantially damaged.
(15)
Make reasonable efforts to notify owners of substantially damaged
buildings and structures of the need to obtain a permit prior to repair,
rehabilitation, or reconstruction and to prohibit the noncompliant
repair of substantially damaged buildings except for temporary emergency
protective measures necessary to secure a property or stabilize a
structure to prevent additional damage.
(16)
Undertake, as determined appropriate by the Floodplain Administrator
due to the circumstances, other actions which may include but are
not limited to issuing press releases, public service announcements,
and other public information materials related to permit requests
and repair of damaged structures; coordinating with other federal,
state, and local agencies to assist with substantial damage determinations;
providing owners of damaged structures materials and other information
related to the proper repair of damaged structures in special flood
hazard areas; and assisting owners with National Flood Insurance Program
claims for Increased Cost of Compliance payments.
(17)
Notify the Federal Emergency Management Agency when the corporate
boundaries of the Town of Ocean View have been modified.
C.
Permits required. It shall be unlawful for any person or entity to begin construction or other development which is wholly within, partially within, or in contact with any identified special flood hazard area, as established in Article I, § 116-1D, including but not limited to subdivision of land, filling, grading, or other site improvements and utility installations; construction, alteration, remodeling, improvement, replacement, reconstruction, repair, relocation, or expansion of any building or structure; placement or replacement of a manufactured home; recreational vehicles; installation or replacement of storage tanks; or alteration of any watercourse, until a permit is obtained from the Town of Ocean View. No such permit shall be issued until the requirements of this article have been met.
D.
Application required. Application for a permit shall be made by the
owner of the property or his/her authorized agent, herein referred
to as the applicant, prior to the actual start of construction. The
application shall be on a form furnished for that purpose.
(1)
Application contents. At a minimum, applications shall include:
(a)
Site plans drawn to scale showing the nature, location, dimensions,
existing and proposed topography of the area in question, the limits
of any portion of the site that was previously filled, and the location
of existing and proposed structures, excavation, filling, storage
of materials, drainage facilities, and other proposed activities.
(b)
Elevation of the existing natural ground where structures are
proposed, referenced to the datum on the Flood Insurance Rate Map,
and an elevation certificate that shows the ground elevation and proposed
building elevations (identified in Section C of the elevation certificate
as "Construction Drawings").
(c)
Delineation of special flood hazard areas, floodway boundaries, flood zones, and base flood elevations. Where surveyed natural ground elevations are lower than the base flood elevations, base flood elevations shall be used to delineate the boundary of special flood hazard areas. If proposed, changes in the delineation of special flood hazard areas shall be submitted to and approved by FEMA in accordance with Article I, § 116-3D(2). Where special flood hazard areas are not delineated or base flood elevations are not shown on the flood hazard maps, the Floodplain Administrator has the authority to require the applicant to use information provided by the Floodplain Administrator, information that is available from other sources, or to determine such information using accepted engineering practices.
(d)
For subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, and where base flood elevations are not shown on Flood Insurance Rate Maps, hydrologic and hydraulic engineering analyses and studies as required by Article I, § 116-4B(4).
(e)
Elevation of the lowest floor, including basement, or elevation
of the bottom of the lowest horizontal structural member, as applicable
to the flood zone, of all proposed structures, referenced to the datum
on the Flood Insurance Rate Maps.
(f)
Such other material and information as may be requested by the
Floodplain Administrator necessary to determine conformance with this
article.
(g)
For work on an existing structure, including any improvement,
addition, repairs, alterations, rehabilitation, or reconstruction,
sufficient information to determine if the work constitutes substantial
improvement, including:
[1]
Documentation of the market value of the structure before the
improvement is started or before the damage occurred.
[2]
Documentation of the actual cash value of all proposed improvement
work, or the actual cash value of all work necessary to repair and
restore damage to the before-damaged condition, regardless of the
amount of work that will be performed.
(h)
Certifications and/or technical analyses prepared or conducted
by an appropriate design professional licensed in the State of Delaware,
as appropriate to the type of development activity proposed and required
by this article:
[2]
Certification that flood openings that do not meet the minimum requirements of Article I, § 116-5B(2)(c)[2], are designed to automatically equalize hydrostatic flood forces.
[5]
Hydrologic and hydraulic engineering analyses demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but has not delineated a floodway, as required by Article I, § 116-5E(2).
(2)
Right to submit new technical data. The applicant has the right to
seek a letter of map change and to submit new technical data to FEMA
regarding base maps, topography, special flood hazard area boundaries,
floodway boundaries, and base flood elevations. Such submissions shall
be prepared in a format acceptable by FEMA, and the Floodplain Administrator
shall be notified of such submittal. Submittal requirements and processing
fees shall be the responsibility of the applicant.
(3)
Requirement to submit new technical data. The Floodplain Administrator
shall notify FEMA of physical changes affecting flood hazard areas
and flooding conditions by submitting technical or scientific data
as soon as practicable, but not later than six months after the date
such information becomes available. The Floodplain Administrator has
the authority to require applicants to submit technical data to FEMA
for letters of map change.
E.
Review, approval or disapproval.
(1)
Review. The Floodplain Administrator shall:
(a)
Review applications for development in special flood hazard
areas to determine the completeness of information submitted. The
applicant shall be notified of incompleteness or of additional information
required to support the application.
(c)
Review all permit applications to assure that all necessary
permits have been received from those federal, state or local governmental
agencies from which prior approval is required. The applicant shall
be responsible for obtaining such permits, including but not limited
to:
(2)
Approval or disapproval. Pursuant to Chapter 84, the Floodplain Administrator shall approve applications that comply with the applicable requirements of this article or shall disapprove applications for proposed development that does not comply with the applicable provisions of this article and shall notify the applicant of such disapproval, in writing, stating the reasons for disapproval.
(3)
Expiration of permit. A permit is valid, provided the actual start
of construction occurs within 90 days of the date of permit issuance.
If the actual start of construction is not within 90 days of the date
of permit issuance, a new permit application shall be submitted in
writing.
F.
Inspections. The Floodplain Administrator shall make periodic inspections
of development permitted in special flood hazard areas, at appropriate
times throughout the period of construction in order to monitor compliance.
Such inspections may include:
(1)
Stake-out inspection, to determine location on the site relative
to the special flood hazard area and floodway.
(2)
Foundation inspection, upon placement of the lowest floor and prior
to further vertical construction, to collect information or certification
of the elevation of the lowest floor.
(3)
Enclosure inspection, including crawl spaces, to determine compliance
with applicable provisions.
(4)
Utility inspection, upon installation of specified equipment and
appliances, to determine appropriate location with respect to the
base flood elevation.
(5)
Storage of materials.
G.
Submissions required prior to issuance of a certificate of occupancy.
The following certifications are required to be submitted by the permittee
for development that is permitted in special flood hazard areas prior
to the issuance of a certificate of occupancy:
(1)
For new construction, additions, substantially improved residential
structures or nonresidential structures that have been elevated, an
elevation certificate that shows the ground elevation and finished
elevations (identified in Section C of the elevation certificate as
"Finished Construction").
(2)
For nonresidential structures that have been dry floodproofed, a
floodproofing certificate based on "Finished Construction" (identified
in Section II of the floodproofing certificate).
H.
Flood Insurance Rate Map use and interpretation. The Floodplain Administrator
shall make interpretations, where needed, as to the exact location
of special flood hazard areas, floodplain boundaries, and floodway
boundaries. The following shall apply to the use and interpretation
of special flood hazard maps and data:
(1)
In FEMA-identified special flood hazard areas where base flood elevation
and floodway data have not been identified and in areas where FEMA
has not identified special flood hazard areas, any other flood hazard
data available from a federal, state, or other source shall be reviewed
and reasonably used. When a Preliminary Flood Insurance Rate Map has
been provided by FEMA to identify base flood elevation where such
elevations were not previously shown, the base flood elevations on
the Preliminary Flood Insurance Rate Map shall be used.
(2)
Special flood hazard area delineations, base flood elevations, and
floodway boundaries on FEMA maps and in FEMA studies shall take precedence
over delineations, base flood elevations, and floodway boundaries
by any other source that reflect a reduced special flood hazard area,
reduced floodway width and/or lower base flood elevations.
(3)
Other sources of data shall be reasonably used, with the approval
of the Floodplain Administrator, if they show increased base flood
elevations and/or larger floodway areas than are shown on FEMA flood
maps and studies.
(4)
Where field-surveyed topography indicates that ground elevations
are below the base flood elevation, even in areas not delineated as
a special flood hazard on a flood hazard map, the area shall be considered
as special flood hazard area.
B.
Subdivisions and developments.
(1)
All subdivision and development proposals shall be consistent with
the need to minimize flood damage and are subject to all applicable
standards in this article.
(2)
All subdivision and development proposals shall have utilities and
facilities such as sewer, gas, electrical, and water systems located
and constructed to minimize flood damage.
(3)
All subdivision and development proposals shall have adequate drainage
provided to reduce exposure to flood damage.
(4)
All subdivision proposals and development proposals containing at
least 50 lots or at least five acres, whichever is the lesser, in
FEMA-delineated special flood hazard areas where base flood elevation
data are not available, shall be supported by hydrologic and hydraulic
engineering analyses that determine base flood elevations and floodway
delineations. The analyses shall be prepared by a licensed professional
engineer in a format required by FEMA for a conditional letter of
map revision or letter of map revision. Submittal requirements and
processing fees shall be the responsibility of the applicant.
C.
Protection of water supply and sanitary sewage systems.
(1)
New and replacement water supply systems shall be designed to minimize
or eliminate infiltration of floodwaters into the systems.
(2)
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into systems and
discharges from systems into floodwaters.
(3)
On-site waste disposal systems shall be located to avoid impairment
to or contamination from them during conditions of flooding.
D.
Buildings and structures. All new construction of buildings and structures,
including placement of manufactured homes and substantial improvements
to existing buildings and structures, that are to be located, in whole
or in part, in special flood hazard areas shall meet the following
requirements.
(1)
Be designed (or modified) and constructed to safely resist flood
loads. The construction shall provide a complete load path capable
of transferring all loads from their point of origin through the load-resisting
elements to the foundation. Buildings and structures shall be designed,
connected and anchored to resist flotation, collapse or permanent
lateral movement due to structural loads and stresses from flooding
equal to the base flood elevation, including hydrodynamic and hydrostatic
loads and the effects of buoyancy.
(2)
Be constructed by methods and practices that minimize flood damage.
(3)
Use flood-damage-resistant materials below the elevation of the lowest
floor. See FEMA Technical Bulletin No. 2 – Flood Damage-Resistant
Materials Requirements and FEMA Technical Bulletin No. 8 – Corrosion
Protection for Metal Connectors in Coastal Areas.
(4)
Have electrical systems, equipment and components, and heating, ventilating,
air conditioning, and plumbing appliances, plumbing fixtures, duct
systems, and other service equipment located at or above the elevation
of the lowest floor. Electrical wiring systems are permitted to be
located below the elevation of the lowest floor, provided they conform
to the provisions of the electrical part of this code for wet locations.
If replaced as part of a substantial improvement, electrical systems,
equipment and components, and heating, ventilation, air conditioning,
and plumbing appliances, plumbing fixtures, duct systems, and other
service equipment shall meet the requirements of this section. See
FEMA Technical Bulletin No. 4 – Elevator Installation.
(5)
As an alternative to Article I, § 116-4D(4), electrical systems, equipment and components, and heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment are permitted to be located below the elevation of the lowest floor, provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of the base flood.
(8)
In a special flood hazard area with more than one designation (Zones
A, AE, and AO, floodway, Zones VE), meet the requirements of the most
restrictive designation.
E.
Fill.
(1)
Disposal of fill, including but not limited to rubble, construction
debris, woody debris, and trash, shall not be permitted in special
flood hazard areas.
(2)
Where permitted by Article I, § 116-5E(2) (Zones A, AE, and AO), fill placed for the purpose of raising the ground level and to support a building or structure shall meet the following requirements:
(a)
Extend laterally from the building footprint to provide for
adequate access, as a function of use; the Floodplain Administrator
may seek advice from the State Fire Marshal's Office and/or the
local fire services agency.
(b)
Placed and compacted to provide for stability under conditions
of rising and falling floodwaters and resistance to erosion, scour,
and settling.
(c)
Consist of soil or rock materials only.
(d)
Sloped no steeper than one vertical on two horizontal, unless
approved by the Floodplain Administrator.
(e)
Designed with provisions for adequate drainage and no adverse
effect on adjacent properties.
(3)
Fill placed for a purpose other than to support a building or structure shall meet the requirements of Article I, § 116-4E(2)(b) through (e).
F.
Historic structures. Repair, alteration, or rehabilitation of historic structures shall be subject to the requirements of this article unless a determination is made that compliance with this article will preclude the structure's continued designation as an historic structure and a variance is granted in accordance with Article I, § 116-7, and such variance is the minimum necessary to preserve the historic character and design of the structure. The Floodplain Administrator may require documentation of a structure's continued eligibility and designation as an historic structure.
G.
Recreational vehicles.
(1)
Recreational vehicles in special flood hazard areas shall be fully
licensed and ready for highway use, and shall be placed on a site
for less than 180 consecutive days.
H.
Gas or liquid storage tanks.
(1)
Underground tanks in special flood hazard areas shall be anchored
to prevent flotation, collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions
of the base flood.
(2)
Aboveground tanks in special flood hazard areas shall be elevated
and anchored to or above the base flood elevation plus 2.0 feet or
shall be anchored at grade and designed and constructed to prevent
flotation, collapse, or lateral movement resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy, during conditions
of the base flood.
(3)
In special flood hazard areas, tank inlets, fill openings, outlets
and vents shall be:
(a)
At or above the base flood elevation or fitted with covers designed
to prevent the inflow of floodwater or outflow of the contents of
the tanks during conditions of the base flood.
(b)
Anchored to prevent lateral movement resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy, during conditions
of the base flood.
A.
General requirements. In addition to the general requirements of Article I, § 116-4, the requirements of this section apply to all development proposed in special flood hazard areas other than coastal high hazard areas. These areas include Zones A, AE, and AO and are collectively referred to as "Zone A" or "A Zones."
B.
Residential structures and residential portions of mixed-use structures.
(1)
Elevation requirements.
(a)
The lowest floor (including basement) shall be elevated to or
above the base flood elevation plus 2.0 feet.
(b)
In areas of shallow flooding (Zone AO), the lowest floor (including
basement) shall be elevated at least as high above the highest adjacent
grade as the depth number specified in feet on the Flood Insurance
Rate Map plus 2.0 feet, or at least 4.0 feet if a depth number is
not specified; adequate drainage paths shall be provided to guide
floodwaters around and away from the structure.
(2)
Enclosures below the lowest floor.
(a)
Enclosures below the lowest floor shall be used solely for parking
of vehicles, building access, crawl spaces, or limited storage.
(b)
Enclosures below the lowest floor shall be constructed using
flood-damage-resistant materials. See FEMA Technical Bulletin No.
2 – Flood Damage-Resistant Materials Requirements.
(c)
Enclosures below the lowest floor (including crawl spaces) shall
be provided with flood openings which shall meet the following criteria.
(See FEMA Technical Bulletin No. 1 – Openings in Foundation
Walls and Walls of Enclosures.):
[1]
There shall be a minimum of two openings on different sides
of each enclosed area; if a building has more than one enclosed area
below the base flood elevation, each area shall have openings on exterior
walls.
[2]
The total net area of all openings shall be at least one square
inch for each square foot of enclosed area, or the openings shall
be designed and certified by a registered engineer or architect to
provide for equalization of hydrostatic flood forces on exterior walls
by allowing for the automatic entry and exit of floodwaters.
[3]
The bottom of each opening shall be 1.0 foot or less above the
adjacent ground level.
[4]
Any louvers, screens or other opening covers shall allow the
automatic flow of floodwaters into and out of the enclosed area.
[5]
Where installed in doors and windows, openings that meet requirements of § 116-5B(2)(c)[1] through [4], are acceptable; however, doors and windows without installed openings do not meet the requirements of this section.
(d)
Crawl spaces shall have the finished interior ground level equal
to or higher than the outside finished ground level on at least one
entire side of the foundation wall.
(3)
Manufactured homes.
(a)
(b)
For the purpose of this requirement, the lowest floor of a manufactured
home is the bottom of the lowest horizontal supporting member of the
lowest floor.
C.
Nonresidential structures and nonresidential portions of mixed-use
structures.
(1)
Elevation requirements.
(b)
In areas of shallow flooding (Zone AO), if not dry floodproofed,
the lowest floor (including basement) shall be elevated at least as
high above the highest adjacent grade as the depth number specified
in feet on the Flood Insurance Rate Map plus 2.0 feet, or at least
4.0 feet if a depth number is not specified; adequate drainage paths
shall be provided to guide floodwaters around and away from the structure.
(2)
Dry floodproofing requirements. Dry floodproofed structures, together
with attendant utility and sanitary facilities, shall:
(a)
Be designed to be dry floodproofed such that the structure is
watertight with walls and floors substantially impermeable to the
passage of water to the level of the base flood elevation plus 2.0
feet. In areas of shallow flooding (Zone AO), the structure shall
be dry floodproofed at least as high above the highest adjacent grade
as the depth number specified in feet on the Flood Insurance Rate
Map plus 2.0 feet, or at least 4.0 feet if a depth number is not specified;
adequate drainage paths shall be provided to guide floodwaters around
and away from structures.
(3)
Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy.
(4)
Be certified by a licensed professional engineer or licensed professional
architect with a ploodproofing certificate, that the design and methods
of construction meet the requirements of this section. Refer to FEMA
Technical Bulletin No. 3 – Nonresidential Floodproofing –
Requirements and Certification for guidance.
D.
Accessory structures. Accessory structures shall meet the requirements
of this article. Accessory structures that have a footprint of no
more than 200 square feet may be allowed without requiring elevation
or floodproofing, provided such structures meet all of the following
requirements:
(1)
Usable only for parking or limited storage;
(2)
Constructed with flood-damage-resistant materials below the base
flood elevation;
(3)
Constructed and placed to offer the minimum resistance to the flow
of floodwaters;
(4)
Firmly anchored to prevent flotation, collapse, and lateral movement;
(5)
Electrical service and mechanical equipment elevated to or above
the level of the base flood elevation plus 2.0 feet; and
(7)
For guidance, see FEMA Technical Bulletin No. 7 – Wet Floodproofing
Requirements.
E.
Protection of flood-carrying capacity.
(1)
Development in floodways.
(a)
Within any floodway area designated on the Flood Insurance Rate
Map, no encroachments, including fill, new construction, substantial
improvements, or other development shall be permitted unless it has
been demonstrated through hydrologic and hydraulic engineering analysis
that the proposed encroachment would not result in any increase in
flood levels within the community during the occurrence of the base
flood discharge. Such technical data shall be submitted to the Floodplain
Administrator and to FEMA. The analyses shall be prepared by a licensed
professional engineer in a format required by FEMA for a conditional
letter of map revision or letter of map revision. Submittal requirements
and processing fees shall be the responsibility of the applicant.
(b)
The proposed development activity may be permitted if the analyses
demonstrate that the activity:
[1]
Will not result in any increase in the base flood elevation;
or
[2]
Will result in an increase in the base flood elevation, provided
that a conditional letter of map revision has been issued by FEMA
and the applicant completes all of the following:
[a]
Submits technical data required in Article I, § 116-3D(1)(h)[5];
[b]
Evaluates alternatives that would not result in increased base
flood elevations and an explanation why these alternatives are not
feasible;
[c]
Certifies that no structures are located in areas that would
be impacted by the increased base flood elevation;
[d]
Documents that individual legal notices have been delivered
to all impacted property owners to explain the impact of the proposed
action on their properties;
[e]
Requests and receives concurrence of the Mayor and Town Council
of the Town of Ocean View and the Chief Executive Officer of any other
community impacted by the proposed actions; and
[f]
Notifies the Delaware Department of Natural Resources and Environmental
Control (Division of Watershed Stewardship).
(2)
Development in areas with base flood elevations but no floodways.
(a)
For development activities in a special flood hazard area with
base flood elevations but no designated floodways, the applicant shall
develop hydrologic and hydraulic engineering analyses and technical
data reflecting the proposed activity and shall submit such analyses
and data to the Floodplain Administrator and to FEMA. The analyses
shall be prepared by a licensed professional engineer in a format
required by FEMA for a conditional letter of map revision or letter
of map revision. Submittal requirements and processing fees shall
be the responsibility of the applicant.
(b)
The proposed development activity may be permitted if the analyses
demonstrate that the cumulative effect of the proposed development
activity, when combined with all other existing and potential special
flood hazard area encroachments will not increase the base flood elevation
more than 1.0 foot at any point.
(3)
Deliberate alterations of a watercourse.
(a)
For the purpose of this article, a watercourse is deliberately
altered when a person causes a change to occur within its banks. Deliberate
changes to a watercourse include, but are not limited to, widening,
deepening or relocating of the channel; installation of culverts;
construction of bridges, and excavation or filling of the channel
or watercourse banks.
(b)
For any proposed deliberate alteration of a watercourse, the
applicant shall develop hydrologic and hydraulic engineering analyses
and technical data reflecting such changes and submit such technical
data to the Floodplain Administrator and to FEMA. The analyses shall
be prepared by a licensed professional engineer in a format required
by FEMA for a conditional letter of map revision or letter of map
revision. Submittal requirements and processing fees shall be the
responsibility of the applicant.
(c)
The proposed alteration of a watercourse may be permitted upon
submission, by the applicant, of the following:
[2]
A description of the extent to which the watercourse will be
altered or relocated as a result of the proposed development.
[3]
A certification by a licensed professional engineer that the
bankful flood-carrying capacity of the watercourse will not be diminished.
[4]
Evidence that adjacent communities, the United States Army Corps
of Engineers, and the Delaware Department of Natural Resources and
Environmental Control (Division of Watershed Stewardship) have been
notified of the proposal and evidence that such notifications have
been submitted to the Federal Emergency Management Agency.
[5]
Evidence that the applicant shall be responsible for providing
the necessary maintenance for the altered or relocated portion of
the watercourse so that the flood-carrying capacity will not be diminished.
The Floodplain Administrator may require the permit holder to enter
into an agreement with the Town of Ocean View specifying the maintenance
responsibilities; if an agreement is required, the permit shall be
conditioned to require that the agreement be recorded on the deed
of the property which shall be binding on future owners.
B.
Location and site preparation.
(1)
The placement of structural fill for the purpose of elevating buildings
is prohibited.
(2)
All new construction shall be located landward of the reach of mean
high tide.
(3)
Generally, any reduction in the dimensions of dunes increases the
potential for flood damage. Site preparations shall not alter sand
dunes unless an engineering analysis demonstrates that the potential
for flood damage is not increased.
C.
Residential and nonresidential structures.
(1)
Foundations.
(a)
Buildings and structures shall be supported on pilings or columns
and shall be adequately anchored to such pilings or columns. Piling
shall have adequate soil penetrations to resist the combined wave
and wind loads (lateral and uplift). Water loading values used shall
be those associated with the base flood. Wind loading values shall
be those required by applicable building standards. Pile embedment
shall include consideration of decreased resistance capacity caused
by scour of soil strata surrounding the piling.
(b)
Slabs, pools, pool decks and walkways shall be located and constructed
to be structurally independent of buildings and structures and their
foundations to prevent transfer of flood loads to the buildings and
structures during conditions of flooding, scour or erosion from wave-velocity
flow conditions, and shall be designed to minimize debris impacts
to adjacent properties and public infrastructure.
(2)
Elevation requirements.
(3)
Enclosures below the lowest floor.
(a)
Enclosures below the lowest floor shall be used solely for parking
of vehicles, building access or storage.
(b)
Walls and partitions are permitted below the elevated floor,
provided that such walls and partitions are designed to break away
under flood loads and are not part of the structural support of the
building or structure. See FEMA Technical Bulletin No. 9 – Design
and Construction Guidance for Breakaway Walls.
(c)
Electrical, mechanical, and plumbing system components shall
not be mounted on or penetrate through walls that are designed to
break away under flood loads.
(d)
Walls intended to break away under flood loads shall be constructed
with insect screening or open lattice, or shall be designed to break
away or collapse without causing collapse, displacement or other structural
damage to the elevated portion of the building or supporting foundation
system. Such walls, framing and connections shall have a design safe
loading resistance of not less than 10 pounds per square foot and
no more than 20 pounds per square foot; or
(e)
Where wind loading values of the local building requirements
exceed 20 pounds per square foot, the applicant shall submit a certification
prepared and sealed by a licensed professional engineer or licensed
professional architect that:
[1]
The walls and partitions below the lowest floor have been designed
to collapse from a water load less than that which would occur during
the base flood.
[2]
The elevated portion of the building and supporting foundation
system have been designed to withstand the effects of wind and flood
loads acting simultaneously on all building components (structural
and nonstructural). Water loading values used shall be those associated
with the base flood; wind loading values used shall be those required
by the local building requirements.
(4)
Manufactured homes. New or replacement manufactured homes, including
substantial improvement of existing manufactured homes, shall:
(d)
Be installed in accordance with the anchor and tie-down requirements
of the building code or the manufacturer's written installation
instructions and specifications.
(5)
Certification of design. The applicant shall include in the application
a certification prepared by a licensed professional engineer or a
licensed professional architect that the design and methods of construction
to be used meet the applicable criteria of this article.
A.
Authority. The Town of Ocean View Board of Adjustment shall have
the power to authorize, in specific cases, such variances from the
requirements of this article, not inconsistent with federal regulations,
as will not be contrary to the public interest where, owing to special
conditions of the lot or parcel, a literal enforcement of the provisions
of this article would result in unnecessary hardship.
B.
Application for a variance.
(1)
Any owner, or agent thereof, of property for which a variance is
sought shall submit an application for a variance to the Floodplain
Administrator.
(2)
At a minimum, such application shall contain the following information: name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request. Each variance application shall specifically address each of the considerations in Article I, § 116-7C, and the limitations and conditions of Article I, § 116-7D.
C.
Considerations for variances. In considering variance applications,
the Board of Adjustment shall consider and make findings of fact on
all evaluations, all relevant factors, requirements specified in other
sections of this article, and the following factors:
(1)
The danger that materials may be swept onto other lands to the injury
of others.
(2)
The danger to life and property due to flooding or erosion damage.
(3)
The susceptibility of the proposed development and its contents (if
applicable) to flood damage and the effect of such damage on the individual
owner.
(4)
The importance of the services provided by the proposed development
to the community.
(5)
The availability of alternative locations for the proposed use which
are not subject to, or are subject to less, flooding or erosion damage.
(6)
The necessity to the facility of a waterfront location, where applicable,
or if the facility is a functionally dependent use.
(7)
The compatibility of the proposed use with existing and anticipated
development.
(8)
The relationship of the proposed use to the comprehensive plan for
that area.
(9)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(10)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters and the effects of wave action,
if applicable, expected at the site.
(11)
The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical, and water systems,
and streets and bridges.
D.
Limitations for variances.
(1)
An affirmative decision on a variance request shall only be issued
upon:
(a)
A showing of good and sufficient cause. A "good and sufficient"
cause is one that deals solely with the physical characteristics of
the property and cannot be based on the character of the planned construction
or substantial improvement, the personal characteristics of the owner
or inhabitants, or local provisions that regulate standards other
than health and public safety standards.
(b)
A determination that failure to grant the variance would result
in exceptional hardship due to the physical characteristics of the
property.
(c)
Increased cost or inconvenience of meeting the requirements
of this article does not constitute an exceptional hardship to the
applicant.
(d)
A determination that the granting of a variance for development
within any designated floodway, or special flood hazard area with
base flood elevations but no floodway, will not result in increased
flood heights beyond that which is allowed in this article.
(e)
A determination that the granting of a variance will not result
in additional threats to public safety; extraordinary public expense,
nuisances, fraud on or victimization of the public, or conflict with
existing local laws.
(f)
A determination that the structure or other development is protected
by methods to minimize flood damages.
(g)
A determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(h)
Upon consideration of the individual circumstances, the limitations
and conditions, and the purposes of this article, the Board of Adjustment
may attach such conditions to variances as it deems necessary to further
the purposes of this article.
(i)
The Board of Adjustment shall notify, in writing, any applicant
to whom a variance is granted for a building or structure with a lowest
floor elevation below the base flood elevation that the variance is
to the floodplain management requirements of this article only, and
that the cost of federal flood insurance will be commensurate with
the increased risk.
A.
Compliance required.
(1)
No structure or land development shall hereafter be located, erected,
constructed, reconstructed, repaired, extended, converted, enlarged
or altered without full compliance with this article and all other
applicable regulations which apply to uses within the jurisdiction
of this article.
(3)
Permits issued on the basis of plans and applications approved by
the Floodplain Administrator authorize only the specific activities
set forth in such approved plans and applications or amendments thereto.
Use, arrangement, or construction of such specific activities that
is contrary to that authorized shall be deemed a violation of this
article.
