[HISTORY: Adopted by the Levy Court of Kent County 3-25-2014 by Ord. No.
14-03.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 105.
Drainage standards — See Ch. 116.
Subdivision of land — See Ch. 187.
Zoning — See Ch. 205.
[1]
Editor's Note: This ordinance provided that it would
become effective 7-7-2014.
A.
Findings.
(1)
The Federal Emergency Management Agency (FEMA) has identified special
flood hazard areas within the boundaries of Kent County. 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.
Structures that are inadequately elevated, improperly floodproofed,
or otherwise unprotected from flood damage also contribute to the
flood loss.
(2)
Kent County, by resolution, agreed to meet the requirements of the
National Flood Insurance Program and was accepted for participation
in the program on March 15, 1978. As of that date or the initial effective
date of the Kent County Flood Insurance Rate Map, all development
and new construction as defined herein, are to be compliant with these
regulations.
B.
Statement of purpose. It is the purpose of these regulations 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.
C.
Areas to which these regulations apply. These regulations shall apply to all special flood hazard areas within the jurisdiction of Kent County, as identified in Subsection D below.
D.
Basis for establishing special flood hazard areas.
(1)
For the purposes of these regulations, the following are adopted
by reference as a part of these regulations and serve as the basis
for establishing special flood hazard areas:
(a)
The FEMA Flood Insurance Study for Kent County, Delaware, and
Incorporated Areas, dated July 7, 2014, and all subsequent amendments
and/or the most recent revision thereof.
(b)
The FEMA Flood Insurance Rate Map for Kent County, Delaware,
and Incorporated Areas, dated July 7, 2014, and all subsequent amendments
and/or the most recent revision thereof.
(c)
Other hydrologic and hydraulic engineering studies and/or maps
prepared pursuant to these regulations or for other purposes, and
which establish base flood elevations, delineate one-hundred-year
floodplains, floodways or other areas of special flood hazard.
(2)
Maps and studies that establish special flood hazard areas are on
file at the Kent County Department of Planning Services in the Kent
County administrative complex.
E.
Abrogation and greater restrictions. These regulations are not intended
to repeal or abrogate any existing ordinances, including subdivision
regulations, zoning ordinances or building codes. In the event of
a conflict between these regulations and any other ordinance, the
more restrictive shall govern. These regulations shall not impair
any deed restriction, covenant or easement, but the land subject to
such interests shall also be governed by these regulations.
F.
Interpretation. In the interpretation and application of these regulations,
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 these regulations may be in conflict with a
state or federal law, such state or federal law shall take precedence.
G.
Warning and disclaimer of liability. The degree of flood protection
required by these regulations 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. These regulations
do 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. These regulations shall not create liability on the
part of Kent County, any officer or employee thereof, or the Federal
Emergency Management Agency, for any flood damage that results from
reliance on these regulations or any administrative decision lawfully
made thereunder.
A.
Unless specifically defined below, words or phrases used in these
regulations shall be interpreted so as to give them the meaning they
have in common usage and to give these regulations the most reasonable
application.
B.
ACCESSORY STRUCTURE
AREA OF SHALLOW FLOODING
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION
BASEMENT
BREAKAWAY WALL
COASTAL A ZONE
COASTAL HIGH-HAZARD AREA
DEVELOPMENT
DRY FLOODPROOFING
ELEVATION CERTIFICATE
ENCLOSURE BELOW THE LOWEST FLOOR
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FEMA TECHNICAL BULLETIN
FLOOD-DAMAGE-RESISTANT MATERIALS
FLOOD INSURANCE RATE MAP (FIRM)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
FLOODPLAIN
FLOODPROOFING CERTIFICATE
FLOODWAY
FLOODWAY FRINGE AREA
FREEBOARD
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS
LETTER OF MAP CHANGE
(1)
(2)
(3)
LOWEST FLOOR
MANUFACTURED HOME
NEW CONSTRUCTION
PERSON
RECREATIONAL VEHICLE
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE (OR BUILDING)
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
VIOLATION
As used in this chapter, the following terms shall have the meanings
indicated:
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 Delaware 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.
Flood hazard areas that have been delineated as subject to
wave heights between 1 1/2 feet and three feet. Such areas are
seaward of the limit of moderate wave action shown on the Flood Insurance
Rate Map.
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 Delaware-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 and should not be considered regulatory. See
sections where specific Technical Bulletins are identified. The most
recent revision to all Bulletins shall be used.
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 the Federal Emergency Management
Agency has delineated special flood hazard areas to indicate the magnitude
and nature of flood hazards, and to designate applicable flood zones.
Zone A: Special flood hazard areas inundated by the one-percent-annual-chance
flood; base flood elevations are not determined.
Zone AE: Special 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 AO: Areas 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 VE: Special 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.
Portion of the special flood hazard area that is adjacent
to and landward of a designated floodway shown on a Flood Insurance
Rate Map.
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;
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;
Determined eligible for listing on the National Register of
Historic Places by the Delaware State Historic Preservation Officer;
or
Determined to contribute to the historic significance of a district
that has been determined by the Delaware State Historic Preservation
Officer to be eligible for listing on the National Register of Historic
Places.
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.
A Letter of Map Change is 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 these
regulations.
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
these regulations 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 for which the start of construction
commenced on or after March 15, 1978, 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 which 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, AO, and Zone
VE. The term includes areas shown on other flood hazard maps that
are specifically listed or otherwise described in this chapter.
The date of issuance of permits for new construction and
substantial improvements, provided that the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within 180 days of the permit date. The actual start
means either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage
of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the 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
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
these regulations is presumed to be in violation until such time that
documentation is provided.
A.
Designation of the Floodplain Administrator.
(1)
The Director of Planning Services is hereby appointed to administer
and implement these regulations and is referred to herein as the Floodplain
Administrator. The Floodplain Administrator is authorized to:
(a)
Fulfill the duties and responsibilities set forth in these regulations;
(b)
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees; or
(c)
Enter into a written agreement or written contract with another
jurisdiction or agency, or private sector entity to administer specific
provisions of these regulations.
(2)
Administration of any part of these regulations 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 CFR 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[1] 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.
[1]
Editor's Note: See 16 U.S.C. § 3501 et seq.
(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 these regulations have been met, or disapprove the same in the
event of noncompliance.
(8)
Inspect buildings and lands to determine compliance with these regulations
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 Kent County, corrections to labeling or planimetric
details, etc.
(11)
Maintain and permanently keep all records for public inspection
that are necessary for the administration of these regulations, 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 these regulations.
(12)
Enforce the provisions of these regulations.
(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 Kent County 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 § 188-1D, 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 Kent County. No such permit shall be issued until the requirements of these regulations 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, 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 § 188-3D(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. Analyses and studies shall be submitted to and approved by FEMA prior to recordation.
(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 § 188-4B(4).
(e)
Where other acceptable information is not available, the Floodplain
Administrator may permit the use of any of the methods described in
FEMA Technical Bulletin 265: Managing Floodplain Development in Approximate
A Areas or may permit the elevation to be determined by using the
elevation of a point on the boundary of the identified floodplain
area which is nearest the construction site. The Floodplain Administrator
may require the applicant to determine the elevation with hydrologic
and hydraulic engineering techniques. Hydrologic and hydraulic analyses
shall be undertaken only by professional engineers or others of demonstrated
qualifications, who shall certify that the technical methods used
correctly reflect currently accepted technical concepts. Studies,
analyses, computations, etc., shall be submitted in sufficient detail
to allow thorough technical review by the Department of Planning Services.
(f)
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.
(g)
Drawings, diagrams, or descriptions of the proposed foundation
in sufficient detail to demonstrate compliance with the requirements
of this chapter.
(i)
Such other material and information as may be requested by the
Floodplain Administrator necessary to determine conformance with these
regulations.
(j)
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.
(k)
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 these regulations:
[2]
Certification that flood openings that do not meet the minimum requirements of § 188-5B(2)(c)[2] are designed to automatically equalize hydrostatic flood forces.
[3]
Certification that the structural design, specifications and plans, and the methods of construction to be used, are in accordance with accepted standards of practice and meet the requirements of § 188-6C(5).
[4]
Technical analyses to document that the flood-carrying capacity of any watercourse alteration or relocation will not be diminished and documentation of maintenance assurances as required in § 188-5E(1).
[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 § 188-5E(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.
(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 additional information
required to support the application.
(b)
Review applications for compliance with these regulations after all information required in § 188-3D or identified and required by the Floodplain Administrator has been received.
(c)
Review all permit applications to ensure 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)
Expiration of permit. A permit is valid provided that the actual
start of construction occurs within 180 days of the date of permit
issuance. If the actual start of construction is not within 180 days
of the date of permit issuance, requests for extensions shall be submitted
in writing. Upon reviewing the request and the permit for continued
compliance with these regulations, the Floodplain Administrator may
grant, in writing, one or more extensions of time, for periods not
more than 180 days each.
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.
G.
Submission required prior to foundation inspections and 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 foundation
inspection and prior to issuance of a certificate of occupancy:
(1)
For new or substantially improved residential structures or nonresidential
structures that have been elevated, the applicant shall:
(a)
As part of the foundation inspection and placement of the lowest
floor, and prior to further vertical construction, submit an elevation
certificate that shows the ground elevation and floor elevation (identified
in Section C of the elevation certificate as "building under construction").
(b)
Prior to Issuance of the certificate of occupancy, submit an
elevation certificate (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 elevation certificate form).
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 with the approval of the Floodplain Administrator.
(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, unless,
with the approval of the Floodplain Administrator, such data are submitted
to and approved by FEMA.
(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 and if such data are submitted to and approved by
FEMA.
(4)
When Preliminary Flood Insurance Rate Maps and/or Flood Insurance
Study have been provided by FEMA:
(a)
Upon the issuance of a Letter of Final Determination by FEMA,
the preliminary flood hazard data shall be used and shall replace
all flood hazard data previously provided from FEMA for the purposes
of administering these regulations.
(b)
Prior to the issuance of a Letter of Final Determination by
FEMA, the use of preliminary flood hazard data shall be required only
where no base flood elevations and/or floodway areas were determined
or where the preliminary base flood elevations or floodway areas exceed
the base flood elevations and/or floodway widths in existing flood
hazard data provided by FEMA. Such preliminary data may be subject
to change and/or appeal to FEMA.
A.
Application of requirements. The general requirements of this section apply to all development proposed within special flood hazard areas identified in § 188-1D.
B.
Subdivision 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 these regulations. Subdivision within the floodplain is prohibited in accordance with Chapter 187, Subdivision and Land Development.
(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 developments 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 Delaware-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.
In subdivisions in which the proposed lots are located outside of
the floodplain, completion of the study may be waived, provided that
the subject area is designated and restricted as open space or conservation
area.
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 design 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 that 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 Subsection D(4) above, 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.
(6)
In special flood hazard areas other than coastal high-hazard areas (Zones A, AE, and AO), meet the specific requirements of § 188-5.
(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 § 188-5 (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 § 188-4E(2)(b) through (e).
F.
Historic structures. Repair, alteration, or rehabilitation of historic structures shall be subject to the requirements of these regulations unless a determination is made that compliance with these regulations will preclude the structure's continued designation as a historic structure and a variance is granted in accordance with § 188-8 and such variance is the minimum necessary to preserve the historic character and design of the 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 a minimum of 18 inches above the base flood elevation
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.
I.
Storage. No new construction which stores materials that are buoyant,
flammable, explosive, or in times of flooding could be injurious to
human, animal or plant life shall be stored below the base flood elevation.
J.
Manufactured home parks.
(1)
For all new manufactured home parks or expansions to existing manufactured
home parks and for existing manufactured home parks where the repair,
construction, or improvement of streets, utilities, and pads equals
or exceeds 50% of the value of the streets, utilities, and pads before
the repair, reconstruction, or improvement have commenced, the following
requirements shall be met for any construction within the floodway
fringe or approximated floodplain:
(a)
Manufactured home berthing spaces or lots shall be elevated
on compacted fill or on pilings so that the lowest floor of each manufactured
home will be at least 18 inches above the base flood elevation.
(b)
Adequate surface drainage and access for a manufactured home
hauler shall be provided.
(c)
When manufactured homes are to be elevated on pilings, lots
shall be large enough to permit steps, piles shall be placed in stable
soil no more than 10 feet apart, and the reinforcement shall be provided
for pilings more than six feet above ground level.
A.
General requirements. In addition to the general requirements of § 188-4, 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.
B.
Residential structures and residential portions of mixed-use structures.
(1)
Elevation requirements.
(a)
The lowest floor (including basement) shall be elevated to 18
inches above the base flood elevation.
(b)
In areas of shallow flooding (Zone AO), the lowest floor (including
basement) shall be elevated at least to 18 inches above the highest
adjacent grade as the depth number specified in feet on the Flood
Insurance Rate Map, or at least two feet plus 18 inches 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 design 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 one 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 § 188-5B(2)(c)(1) through (4) above, 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)
New or replacement manufactured homes, including substantial
improvement of existing manufactured homes, shall:
[1]
Be elevated on a permanent, reinforced foundation that raises the lowest floor to 18 inches above the base flood elevation and is otherwise in accordance with § 188-5B(1).
[2]
Be installed in accordance with the anchor and tie-down requirements
of the building code or the manufacturer's written installation
instructions and specifications.
[3]
Have enclosures below the elevated manufactured home, if any, meet the requirements of § 188-5B(2).
[4]
All manufactured homes shall be anchored to resist flotation,
collapse, or lateral movement in addition to applicable state or County
anchoring requirements for wind forces.
[a]
Over-the-top ties shall be provided at each of the four corners
of the manufactured home with two additional ties per side of intermediate
locations. Manufactured homes less than 50 feet long require one additional
tie per side.
[b]
Frame ties shall be provided at each corner of the home with
five additional ties per side at intermediate points, with manufactured
homes less than 50 feet long requiring four additional ties per side.
[c]
All components of the anchoring system shall be capable of carrying
a force of 4,800 pounds.
[d]
Any additions to a manufactured home shall be similarly anchored.
(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.
(a)
The lowest floor (including basement) shall be elevated to at least 18 inches above the base flood elevation, or the structure shall be dry floodproofed in accordance with § 188-5C(2).
(b)
In areas of shallow flooding (Zone AO), if not dry floodproofed,
the lowest floor (including basement) shall be elevated at least 18
inches above the highest adjacent grade as the depth number specified
in feet on the Flood Insurance Rate Map, or at least two feet plus
18 inches 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 18
inches. 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 18 inches, or at least two feet plus 18 inches if a depth
number is not specified.
(b)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy.
(c)
Be certified by a Delaware-licensed professional engineer or
licensed professional architect with a floodproofing certificate,
that the design and methods of construction meet the requirements
of this section. Refer to FEMA Technical Bulletin No. 3, Non-Residential
Floodproofing - Requirements and Certification for guidance.
D.
Accessory structures. 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:
(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 18 inches; 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 Delaware-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 § 188-3D(1)(k)[5];
[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 County Administrator
of Kent County 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).
(c)
Fences, except two-wire fences, or other matter which may impede,
retard or change the direction of the flow of water or that will catch
or collect debris which is carried by such water, or that is placed
where the natural flow of the stream of floodwaters would carry the
same downstream to the damage or detriment of wither public or private
property adjacent to the floodplain.
(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 Delaware-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 0.1 foot at any point.
(3)
Deliberate alterations of a watercourse.
(a)
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.
(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 Delaware-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 Delaware-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 Kent County 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.
A.
General requirements. In addition to the general requirements of
Subsection D, the requirements of this section apply to all development
proposed in coastal high-hazard areas, also referred to collectively
as "Zone V."
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 Delaware-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:
(b)
Meet the elevation requirements of § 188-6C(2) provided that the bottom of the lowest horizontal structural member is at least 18 inches above the base flood elevation.
(d)
Meet the anchoring requirements of § 188-5B(3)(d).
(e)
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 Delaware-licensed professional engineer
or a licensed professional architect that the design and methods of
construction to be used meet the applicable criteria of these regulations.
A.
Where a limit of moderate wave action is delineated on the FIRM,
special flood hazard areas that are subject to wave heights between
1 1/2 feet and three feet shall be designated as Coastal A Zones.
B.
Property owners in Coastal A Zones are encouraged, but not required, to utilize the construction standards in § 188-6 for coastal high-hazard areas (Zone V).
C.
If property owners in Coastal A Zones elect to utilize the construction standards in § 188-6:
(1)
In addition to the requirements for enclosures below the lowest floors in § 188-6C(3) enclosures shall be equipped with flood openings that meet the requirements of § 188-5B(2)(c).
Kent County's Board of Adjustment shall have the power
to authorize, in specific cases, such variances from the requirements
of these regulations, 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 these regulations would result in unnecessary hardship or exceptional
practical difficulty.
A.
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 § 188-8B and the limitations and conditions of § 188-8C.
B.
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 these regulations, 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.
C.
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 these regulations 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 not floodway, will not result in increased
flood heights beyond that which is allowed in these regulations.
(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.
(2)
Upon consideration of the individual circumstances, the limitations
and conditions, and the purposes of these regulations, the Board of
Adjustment may attach such conditions to variances as it deems necessary
to further the purposes of these regulations.
(3)
The Board of Adjustment shall notify 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 these regulations 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 these regulations and all
other applicable regulations which apply to uses within the jurisdiction
of these regulations.
(2)
Failure to obtain a permit shall be a violation of these regulations and shall be punishable in accordance with Subsection C below.
(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 these
regulations.
B.
Notice of violation. Violations of the provisions of this chapter shall be subject to the procedures outlined in Kent County Code, Chapter 90, Violations and Complaints, and subject to a thirty-day compliance order unless a shorter compliance term is justified by risk to life and safety.
C.
Violations and penalties.
(1)
In case any building is erected, constructed, reconstructed, altered,
repaired or converted or any building or land is improved or used
in whole or part in violation of this chapter, the Division Head of
Inspections and Enforcement, any other Code Enforcement Official or
attorney hired by or retained by the County is authorized and directed
to institute, prosecute and take all reasonably necessary actions
to conclude any appropriate civil or criminal action to put an end
to such violation.
(2)
In case any building or structure is or is proposed to be erected,
constructed, reconstructed, altered, maintained or used or any land
is or is proposed to be used in violation of this article or of any
regulation or provision of any regulation or change thereof enacted
or adopted by the County government, the attorney thereof, or any
owner of real estate within the district in which such building, structure
or land is situated, may, in addition to other remedies provided by
law, institute injunction, mandamus, abatement or any other appropriate
action or actions, proceeding or proceedings to prevent, enjoin, abate
or remove such unlawful erection, construction, reconstruction, alteration,
maintenance or use.
(3)
Any person or corporation who shall violate any of the provisions
of this chapter or fail to comply therewith, or with any of the requirements
thereof, or who shall build or alter any building in violation of
any detailed statement or plan submitted and approved hereunder, shall
be guilty of a misdemeanor or of a civil offense, and shall be liable
to a fine of not less than $100 nor more than $1,000 or be imprisoned
not more than 10 days, or both, and each and every day such violation
shall continue shall be deemed a separate offense. The Division Head
of Inspections and Enforcement or his designee, any other Code Enforcement
Official or attorney hired by or retained by the County shall bring
charges of any violation(s) pursuant to this provision in a court
of competent jurisdiction of the State of Delaware in and for Kent
County, which court shall have original jurisdiction for such matters.
The minimum fine of $100 is mandatory and is not subject to suspension
or reduction.
(4)
The owner or owners of any building or premises, or part thereof,
where anything in violation of this chapter shall be placed or shall
exist, and any architect, builder, contractor, agent, person or corporation
employed in connection therewith who have assisted in the commission
of any such violation shall be guilty of a separate offense and upon
conviction thereof shall be fined and/or imprisoned as hereinbefore
provided.
The granting of a permit or approval of a site plan in an identified
flood-prone area shall not constitute a representation, guaranty,
or warranty of any kind by the County or by any official or employee
thereof of the practicability or safety of the proposed use, and shall
create no liability upon the County, its officials, or employees.
