In addition to the general requirements of Article III, the requirements of this article apply to all development proposed in special flood hazard areas other than coastal high-hazard areas, also referred to collectively as "A Zones."
A.
Elevation requirements.
(1)
The lowest floor (including basement) shall be elevated to or above
the base flood elevation plus one foot.
(2)
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 FIRM plus one foot,
or at least two feet plus one foot if a depth number is not specified.
Structures are required to have adequate drainage paths around them
on slopes, to guide floodwaters around and away from the structure.
B.
Enclosures below the lowest floor.
(1)
Enclosures below the lowest floor shall be used solely for parking
of vehicles, building access, crawl spaces, or limited storage.
(2)
Enclosures below the lowest floor shall be constructed using flood
damage-resistant materials below the base flood elevation plus one
foot.
[Amended 9-19-2014 by Ord. No. 0914-02]
(3)
Enclosures below the lowest floor (including crawlspaces) shall be
provided with flood openings which shall meet the following criteria:
[Amended 9-19-2014 by Ord. No. 0914-02]
(a)
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 design flood elevation, each area shall have openings on
exterior walls.
(b)
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.
[Amended 9-19-2014 by Ord. No. 0914-02]
(c)
The bottom of each opening shall be one foot or less above the
adjacent ground level.
(d)
Any louvers, screens or other opening covers shall allow the
automatic flow of floodwaters into and out of the enclosed area.
(e)
Where installed in doors and windows, openings that meet requirements of § 159-28B(3)(a) through (d), are acceptable; however, doors and windows without installed openings do not meet the requirements of this section.
[Amended 9-19-2014 by Ord. No. 0914-02]
(f)
Crawlspaces 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.
[Added 9-19-2014 by Ord. No. 0914-02]
C.
Manufactured homes.
(1)
New or replacement manufactured homes, including substantial improvement
of existing manufactured homes, shall:
(a)
Be elevated on a permanent, reinforced foundation that raises the lowest floor to or above the base flood elevation plus one foot and is otherwise in accordance with § 159-28A.
[Amended 9-19-2014 by Ord. No. 0914-02]
(b)
Be installed in accordance with the anchor and tie-down requirements
of the building code or the manufacturer's written installation
instructions and specifications.
(2)
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.
A.
Elevation requirements.
[Amended 9-19-2014 by Ord. No. 0914-02]
(1)
The lowest floor (including basement) shall be elevated to or above the base flood elevation plus one foot or the structure shall be dry floodproofed in accordance with § 159-29B.
(2)
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 FIRM plus one foot, or at least two feet plus one foot
if a depth number is not specified. Structures are required to have
adequate drainage paths around them on slopes, to guide floodwaters
around and away from the structure.
B.
Dry floodproofing requirements. Dry floodproofed structures, together
with attendant utility and sanitary facilities, shall:
[Amended 9-19-2014 by Ord. No. 0914-02]
(1)
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 one foot. 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 one foot, or
at least three feet if a depth number is not specified.
(2)
Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy.
(3)
Be certified by a licensed professional engineer or licensed professional
architect, through execution of the floodproofing certificate, that
the design and methods of construction meet the requirements of this
section.
Accessory structures shall meet the requirements of these regulations.
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:
A.
Useable only for parking or limited storage;
B.
Constructed with flood damage-resistant materials below the base
flood elevation;
[Amended 9-19-2014 by Ord. No. 0914-02]
C.
Constructed and placed to offer the minimum resistance to the flow
of floodwaters;
D.
Firmly anchored to prevent flotation;
E.
Electrical service and mechanical equipment elevated to or above
the level of the base flood elevation plus one foot; and
A.
Development in floodways. Within any floodway area, no encroachments,
including fill, new construction, substantial improvements, or other
development shall be permitted unless it has been demonstrated through
hydrologic and hydraulic analysis performed in accordance with standard
engineering practice 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 should 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. 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
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 § 159-13A(8)(e);
(b)
Evaluates alternatives which 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 which 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 City Manager of the
City of Rehoboth Beach 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).
B.
Development in areas with base flood elevations but no floodways.
(1)
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 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.
(2)
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.
C.
Deliberate alterations of a watercourse.
(1)
For the purpose of these regulations, 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.
(2)
For any proposed development that involves the 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.
(3)
The proposed alteration of a watercourse may be permitted upon submission,
by the applicant, of the following:
(a)
Documentation of compliance with § 159-31A if the alteration is in a floodway or § 159-31B if the alteration is a watercourse with base flood elevations but no floodway.
[Added 9-19-2014 by Ord. No. 0914-02[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection C(3)(a), (b), (c) and (d) as Subsection C(3)(b),
(c), (d) and (e), respectively.
(b)
A description of the extent to which the watercourse will be
altered or relocated as a result of the proposed development.
(c)
A certification by a licensed professional engineer that the
bankfull flood-carrying capacity of the watercourse will not be diminished.
(d)
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.
(e)
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 City of Rehoboth Beach 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.
