[Amended 10-21-2013; 12-16-2014[1]]
A.
General provisions.
(1)
Findings.
(a)
The Federal Emergency Management Agency (FEMA) has identified
special flood hazard areas within the boundaries of the City of Lewes.
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.
(b)
The City of Lewes, by resolution, agreed to meet the requirements
of the National Flood Insurance Program and was accepted for participation
in the program on March 15, 1977. Subsequent to that date or the initial
effective date of the City of Lewes Flood Insurance Rate Map, all
development, new construction, and substantial improvement, as defined
herein, are to be compliant with the floodplain management regulations
in effect at the time of construction, and all development, new construction,
and substantial improvements subsequent to the effective date of these
regulations shall be compliant with these regulations and the flood
load and flood-resistant construction provisions of the Building Code,
including specific amendments adopted by the City of Lewes.
(2)
Statement of purpose. It is the purpose of these regulations to promote
the public health, safety and general welfare, and to:
(a)
Protect human life, health and welfare;
(b)
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future;
(c)
Minimize flooding of water supply and sanitary sewage disposal
systems;
(d)
Maintain natural drainage;
(e)
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;
(f)
Minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
(g)
Minimize prolonged business interruptions;
(h)
Minimize damage to public facilities and other utilities such
as water and gas mains, electric, telephone and sewer lines, streets,
and bridges;
(i)
Reinforce that those who build in and occupy special flood hazard
areas should assume responsibility for their actions;
(j)
Minimize the impact of development on adjacent properties within
and near flood-prone areas;
(k)
Provide that the flood storage and conveyance functions of the
floodplain are maintained;
(l)
Minimize the impact of development on the natural and beneficial
functions of the floodplain;
(m)
Prevent floodplain uses that are either hazardous or environmentally
incompatible; and
(n)
Meet community participation requirements of the National Flood
Insurance Program as set forth in the Code of Federal Regulations
at 44 CFR 59.22.
(3)
Areas to which these regulations apply. These regulations shall apply
to all special flood hazard areas within the jurisdiction of the City
of Lewes, as established herein.
(4)
Basis for establishing special flood hazard areas.
(a)
For the purposes of these regulations, and for the purpose of
establishing flood hazard areas in the Building Code [Section 1612.3
and Table R301.2(1)], the following are adopted by reference as a
part of these regulations and serve as the basis for establishing
special flood hazard areas:
[1]
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.
[2]
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.
[3]
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.
[4]
The City of Lewes 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.
[5]
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 a special flood hazard area.
(b)
Maps and studies that establish special flood hazard areas are
on file at City Hall.
(5)
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.
(6)
Interpretation. In the interpretation and application of these regulations,
all provisions shall be:
(a)
Considered as minimum requirements;
(b)
Liberally construed in favor of the governing body;
(c)
Deemed neither to limit nor repeal any other powers granted
under state statutes; and
(d)
Where a provision of these regulations may be in conflict with
a state or federal law, such state or federal law shall take precedence,
where more restrictive.
(7)
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 the City of Lewes, 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.
(8)
Severability. Should any section or provision of these regulations
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.
B.
ACCESSORY STRUCTURE
AREA OF SHALLOW FLOODING
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION
BASEMENT
BREAKAWAY WALL
BUILDING CODE
COASTAL HIGH HAZARD AREA
CRITICAL FACILITY
DEVELOPMENT
DRY FLOODPROOFING
ELEVATION CERTIFICATE
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
FREEBOARD
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
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
Definitions. 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. Where terms are not defined in these
regulations and are defined in the Building Code,[2] such terms shall have the meanings ascribed to them in
that code.
For the purposes of these regulations, 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 elevation of the base flood, including wave height, relative
to the National Geodetic Vertical Datum (NGVD), North American Vertical
Datum (NAVD) or other datum specified on the community's Flood Insurance
Rate Map.
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.
Area within the flood hazard area that is subject to high-velocity
wave action, and shown on a Flood Insurance Rate Map (FIRM) or other
flood hazard map as Zone V, VO, VE or V1-30.
Hospitals, nursing homes, police stations, fire stations,
and emergency operation centers that are needed for flood response
activities before, during, or after a flood; public and private utility
facilities that are vital to maintaining or restoring normal services
to flooded areas before, during, and after a flood; and structures
or facilities that produce, use, or store highly volatile, flammable,
explosive, toxic and/or water-reactive materials. The term includes
facilities that are assigned Risk Category III and Risk Category IV,
assigned pursuant to the Building Code, or Flood Design Class 3 and
Flood Design Class 4 assigned pursuant to ASCE 24, if applicable.
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.
A combination of measures which results in a structure, including
attendant utilities and equipment, being watertight with all elements
substantially impermeable and with structural components having the
capacity to resist flood loads.
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.
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 the Federal Emergency Management
Agency (FEMA) has delineated both the special flood hazard areas and
the risk premium zones applicable to the community.
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 provided by the Federal Emergency Management
Agency (FEMA) containing the Flood Insurance Rate Map (FIRM), the
Flood Boundary and Floodway Map (FBFM), the water surface elevations
of the base flood and supporting technical data.
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 Nonresidential 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 margin of safety added to the base flood elevation to account
for waves, debris, miscalculations, or lack of data.
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 the 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;
Individually listed on the City's local inventory of historic
places; the City's historic preservation program is certified by the
Secretary of the Interior.
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 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,
but excluding any unfinished or flood-resistant enclosure, usable
solely for vehicle parking, building access or limited storage, provided
that such enclosure is not built so as to render the structure in
violation of the nonelevation requirements specified in the Building
Code 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, 1977, 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 flood hazards and shown on a Flood Insurance Rate Map as Zones A, AE, AO, and VE. The term includes areas shown on other flood hazard maps that are specifically listed or otherwise described in § 197-73A(4).
The date of issuance of permits for new construction and
substantial improvements to existing structures, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days after the date
of issuance. The "actual start" means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings,
or construction of columns. Permanent construction does not include
land preparation (such as clearing, grading and filling), the installation
of streets or walkways, excavation for a basement, footings, piers,
or foundations, the erection of temporary forms or the installation
of accessory buildings such as garages or sheds not occupied as dwelling
units or not part of the main building. 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.
That which is built or constructed.
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.
[Amended 2-14-2022]
Any combination of repair, alteration, reconstruction, rehabilitation,
addition, or other improvement of a structure, the cumulative cost
of which equals or exceeds 50% of the market value of the structure
before improvement or repair is started. If the structure has sustained
substantial damage, any repairs are considered substantial improvement
regardless of the actual repair work performed. The term does not,
however, include any project for improvement of a building required
to correct existing health, sanitary, or safety code violations identified
by the Building Official and that are the minimum necessary to assure
safe living conditions.
[Amended 2-14-2022]
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.
C.
Administration.
(1)
Designation of the Floodplain Administrator.
(a)
The Building Official is hereby appointed to administer and
implement these regulations and is referred to herein as the "Floodplain
Administrator." The Floodplain Administrator shall obtain and maintain
Certified Floodplain Manager (CFM) certification from the Association
of State Floodplain Managers, Inc.
(b)
The Floodplain Administrator is authorized to fulfill the duties
and responsibilities set forth in these regulations, delegate duties
and responsibilities set forth in these regulations to qualified technical
personnel, plan examiners, inspectors, and other employees, and enter
into a written agreement or written contract with another jurisdiction
or agency, or private sector entity, to administer specific provisions
of these regulations. 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.
(2)
Duties and responsibilities of the Floodplain Administrator. The
duties and responsibilities of the Floodplain Administrator shall
include but are not limited to:
(a)
Coordinate with City officials to support administration, interpretation,
and enforcement of the flood load and flood-resistant construction
provisions of the Building Code.
(b)
Review applications for permits to determine whether proposed
activities will be located in special flood hazard areas.
(c)
Interpret floodplain boundaries and provide flood elevation
and flood hazard information.
(d)
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.
(e)
Review applications to determine whether proposed activities
will be reasonably safe from flooding.
(f)
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.
(g)
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.
(h)
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.
(i)
Inspect special flood hazard areas to determine compliance with
these regulations or to determine if noncompliance has occurred or
violations have been committed.
(j)
Review submitted elevation certificates for completeness.
(k)
Submit to FEMA data and information necessary to maintain flood
hazard maps, including hydrologic and hydraulic engineering analyses
prepared by or for the City of Lewes, corrections to labeling or planimetric
details, etc.
(l)
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.
(m)
Enforce the provisions of these regulations.
(n)
Assist with and coordinate flood hazard map maintenance activities.
(o)
Conduct determinations as to whether existing buildings and
structures damaged by any cause and located in special flood hazard
areas have been substantially damaged.
(p)
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.
(q)
Undertake, as determined appropriate 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.
(r)
Notify the Federal Emergency Management Agency when the corporate
boundaries of the City of Lewes have been modified.
(3)
Permits required. It shall be unlawful for any person or entity to begin construction or other development which is wholly or partially within any identified special flood hazard area, as established in § 197-73A(4), including but not limited to subdivision of land, filling, grading, or other site improvements and utility installations; 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 City of Lewes. These regulations are intended to be administered and enforced in conjunction with the Building Code. No permit shall be issued until the requirements of these regulations and, as applicable, the flood load and flood-resistant construction provisions of the Building Code have been met.
(4)
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. For
applications for buildings and structures, these required minimum
contents of the application are in addition to the requirements of
the Building Code.
(a)
Application contents. At a minimum, applications shall include:
[1]
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.
[2]
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").
[3]
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 § 197-73C(4)(b). 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.
[4]
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 § 197-73D(2)(d).
[5]
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.
[6]
Such other material and information, as may be requested by
the Floodplain Administrator, necessary to determine conformance with
these regulations.
[7]
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:
[a]
Documentation of the market value of the structure
before the improvement is started or before the damage occurred.
[b]
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; the determination requires
evaluation of previous permits issued for improvements and repairs
as specified in the definitions for "substantial damage" and "substantial
improvement."
[8]
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 and the Building Code:
[a]
Floodproofing certificate for dry floodproofed
nonresidential structures, as required by the Building Code.
[b]
Certification that flood openings that do not meet
the minimum requirements for nonengineered openings but designed to
automatically equalize hydrostatic flood forces, as required by the
Building Code.
[c]
Certification that the structural design, specifications
and plans, and the methods of construction to be used for buildings
and structures in coastal high hazard areas are in accordance with
accepted standards of practice and meet the requirements of the Building
Code.
[d]
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 § 197-73E(3)(c).
[e]
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 § 197-73E(3)(b).
[f]
Hydrologic and hydraulic engineering analyses of any development proposed to be located in an identified floodway, as required by § 197-73E(3)(a).
[g]
Hydrologic and hydraulic engineering analyses to develop base flood elevations for subdivisions and large-lot developments, as required by § 197-73D(2)(d) or otherwise required by the Floodplain Administrator.
(b)
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.
(c)
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.
(5)
Review, approval, or disapproval.
(a)
Review. The Floodplain Administrator shall:
[1]
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.
[2]
Review applications for compliance with these regulations after all information required in § 197-73C(4) or identified and required by the Floodplain Administrator has been received.
[3]
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:
(b)
Approval or disapproval. The Floodplain Manager shall approve
applications that comply with the applicable requirements of these
regulations. The Floodplain Manager shall disapprove applications
for proposed development that does not comply with the applicable
provisions of these regulations and shall notify the applicant of
such disapproval, in writing, stating the reasons for disapproval.
(c)
Expiration of permit. A permit is valid, provided 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.
(6)
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.
In addition to the inspections required by the Building Code, such
inspections may include:
(a)
Stake-out inspection, to determine location on the site relative
to the special flood hazard area and floodway.
(b)
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.
(c)
Enclosure inspection, including crawlspaces, to determine compliance
with applicable provisions.
(d)
Utility inspection, upon installation of specified equipment
and appliances, to determine appropriate location with respect to
the base flood elevation.
(e)
Storage of materials.
(7)
Submissions required prior to foundation inspection 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:
(a)
For new or substantially improved residential structures or
nonresidential structures that have been elevated, the applicant shall:
[1]
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").
[2]
Prior to issuance of the certificate of occupancy, submit an
elevation certificate (identified in Section C of the elevation certificate
as "Finished Construction").
(b)
For nonresidential structures that have been dry floodproofed,
a floodproofing certificate based on "Finished Construction" (identified
in Section II).
(c)
For all development activities subject to the requirements of § 197-73C(4)(b), a Letter of Map Revision shall be provided.
(8)
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:
(a)
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.
(b)
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.
(c)
Other sources of data shall be reasonably used if they show
increased base flood elevations and/or larger floodway areas than
are shown on FEMA flood maps and studies.
(d)
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.
D.
Requirements in all special flood hazard areas.
(1)
Application of requirements. The general requirements of this section apply to all development proposed within special flood hazard areas identified in § 197-73A(4).
(2)
Subdivisions and developments.
(a)
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.
(b)
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.
(c)
All subdivision and developments proposals shall have adequate
drainage provided to reduce exposure to flood damage.
(d)
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.
(3)
Protection of water supply and sanitary sewage systems.
(a)
New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems.
(b)
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters into systems
and discharges from systems into floodwaters.
(c)
On-site waste disposal systems shall be located to avoid impairment
to or contamination from them during conditions of flooding.
(4)
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 comply with flood
load and flood-resistant construction requirements of the Building
Code, including specific amendments adopted by the City of Lewes.
(5)
Fill.
(a)
Disposal of fill, including but not limited to rubble, construction
debris, woody debris, and trash, shall not be permitted in special
flood hazard areas.
(b)
Fill shall not be permitted to be placed for the purpose of
supporting a building or structure.
(c)
Fill placed for a purpose other than to support a building or
structure shall be compacted for stability under conditions of rising
and falling floodwaters and resistance to erosion, scour, and settling
and shall be designed with adequate drainage and no adverse effect
on adjacent properties.
(d)
Fill within the special flood hazard area shall result in no net
loss of natural floodplain storage or increase in water surface elevations
during the base flood. A report documenting this condition shall be
submitted as part of the major preliminary subdivision process when
fill is to be used on site. The report shall be created by a qualified
professional. The report shall include the existing and proposed floodplain
storage capacity and document that the completed development will
meet or exceed the existing floodplain storage capacity at or adjacent
to the development site.
[Added 12-14-2020]
(6)
Historic structures. Repair, alteration, or rehabilitation of historic structures where the proposed work is a substantial improvement or repair of substantial damage shall be subject to the requirements of this section unless a determination is made that compliance will preclude a structure's continued designation as an historic structure and a variance is granted in accordance with § 197-73G and such variance is the minimum necessary to preserve the historic character and design of the structure.
(7)
Recreational vehicles.
(a)
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.
(b)
Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of § 197-73D(9) for manufactured homes.
(8)
Gas or liquid storage tanks.
(a)
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.
(b)
Aboveground tanks in special flood hazard areas shall be elevated
and anchored to or above the base flood elevation plus 18 inches 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.
(c)
In special flood hazard areas, tank inlets, fill openings, outlets
and vents shall be:
[1]
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.
[2]
Anchored to prevent lateral movement resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy, during conditions
of the base flood.
(9)
Manufactured homes.
(a)
Elevation. All new and replacement manufactured homes to be
placed or substantially improved in a flood hazard area shall be elevated
such that the bottom of the lowest horizontal structural supporting
member of lowest floor of the manufactured home is elevated to or
above the base flood elevation plus 18 inches.
(b)
Foundations. All new and replacement manufactured homes, including
substantial improvement of existing manufactured homes, shall be placed
on permanent, reinforced foundations that are designed in accordance
with Section R322 of the Residential Code based on the applicable
flood zone identified on the FIRM. Designs for foundations shall be
certified as meeting the requirements of these regulations and the
Residential Code.
(c)
Anchoring. All new and replacement manufactured homes to be
placed or substantially improved in a special flood hazard area shall
be installed using methods and practices which minimize flood damage.
Manufactured homes shall be securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement.
The anchor and tie-down specifications of the manufacturer are permitted,
provided such specifications are specific to installation in special
flood hazard areas. This requirement is in addition to applicable
state and local anchoring requirements for resisting wind forces.
(d)
Enclosures. Fully enclosed areas below elevated manufactured
homes shall comply with the requirements of Section R322 of the Residential
Code based on the applicable flood zone identified on the FIRM.
(e)
Protection of mechanical equipment and outside appliances. Mechanical
equipment and outside appliances shall comply with the requirements
of Section R322 for protection of mechanical and electrical systems.
(10)
Critical facilities. New critical facilities shall, to the extent
feasible, be located outside of the special flood hazard area and
outside of the 0.2% annual chance flood hazard area (five-hundred-year
floodplain). If documentation is provided that feasible sites outside
of the special flood hazard area are not available that satisfy the
objectives of a proposed critical facility, then the critical facility
shall:
(a)
Have the lowest floor elevated to or above the 0.2% annual chance
flood hazard area (five-hundred-year floodplain) elevation plus one
foot (305 mm) or to the design flood elevation, whichever is higher;
and
(b)
Meet the applicable flood-resistant requirements of the Building
Code and ASCE 24, and where elevation requirements are specified,
the minimum elevation shall be the 0.2% annual chance flood hazard
area (five-hundred-year floodplain) elevation plus one foot (305 mm)
or to the design flood elevation, whichever is higher.
E.
Requirements in special flood hazard areas other than coastal high
hazard areas.
[Amended 2-5-2015]
(1)
General requirements. In addition to the general requirements of § 197-73D, 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. See § 197-73D(4) for the requirement that buildings and structures comply with the flood load and flood-resistant construction requirements of the Building Code, including specific amendments adopted by the City of Lewes.
(2)
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:
(a)
Usable only for parking or limited storage.
(b)
Constructed with flood damage-resistant materials below the
base flood elevation.
(c)
Constructed and placed to offer the minimum resistance to the
flow of floodwaters.
(d)
Firmly anchored to prevent flotation, collapse, and lateral
movement.
(e)
Electrical service and mechanical equipment elevated to or above
the level of the base flood elevation plus 18 inches.
(f)
Equipped with flood openings that meet the requirements of Section
R322.2.2 of the Residential Code.
(g)
For guidance, see FEMA Technical Bulletin No. 7, Wet Floodproofing
Requirements.
(3)
Protection of flood-carrying capacity.
(a)
Development in floodways. 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. 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 § 197-73C(4)(a)[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 Lewes 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.
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. 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 one foot at any point.
(c)
Deliberate alterations of a watercourse. 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. 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. The proposed alteration of a watercourse
may be permitted upon submission, by the applicant, of the following:
[1]
Documentation of compliance with § 197-73E(3)(a) if the alteration is in a floodway or § 197-73E(3)(b) if the alteration is in a watercourse with base flood elevations but no floodway.
[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 City of Lewes 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.
F.
Requirements in coastal high hazard areas (Zone VE).
[Amended 2-5-2015]
(1)
General requirements. Section 197-73D(4) requires buildings and structures in coastal high hazard areas (Zone V) to comply with the flood load and flood-resistant construction requirements of the Building Code, including specific amendments adopted by the City of Lewes.
G.
Variances. The City of Lewes's Board of Adjustment shall have the
power to authorize, in specific cases, such variances from the requirements
of these regulations and the flood load and flood-resistant construction
of the Building Code, 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 exceptional practical difficulties
to the owner of the structure.
(1)
Application for a variance. Any owner, or agent thereof, of property for which a variance is sought shall submit an application for a variance to the Board of Adjustment per § 197-90. Notwithstanding the requirements of § 197-90, 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 § 197-73G(2) and the limitations and conditions of § 197-73G(3).
(2)
Considerations for variances. In considering variance applications
under this section, 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:
(a)
The danger that materials may be swept onto other lands to the
injury of others.
(b)
The danger to life and property due to flooding or erosion damage.
(c)
The susceptibility of the proposed development and its contents
(if applicable) to flood damage and the effect of such damage on the
individual owner.
(d)
The importance of the services provided by the proposed development
to the community.
(e)
The availability of alternative locations for the proposed use
which are not subject to, or are subject to less, flooding or erosion
damage.
(f)
The necessity to the facility of a waterfront location, where
applicable, or if the facility is a functionally dependent use.
(g)
The compatibility of the proposed use with existing and anticipated
development.
(h)
The relationship of the proposed use to the Comprehensive Plan
for that area.
(i)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(j)
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.
(k)
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.
(l)
Variances may be issued for the repair and rehabilitation of
historic structures upon a determination that the proposed repair
or rehabilitation will not preclude the structure's continued designation
as a historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
(3)
Limitations for variances.
(a)
An affirmative decision on a variance request shall only be
issued upon:
[1]
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.
[2]
A determination that failure to grant the variance would result
in exceptional practical difficulty due to the physical characteristics
of the property.
[3]
Increased cost or inconvenience of meeting the requirements
of these regulations does not constitute an exceptional practical
difficulty to the applicant.
[4]
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 these regulations.
[5]
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.
[6]
A determination that the structure or other development is protected
by methods to minimize flood damages.
[7]
A determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(b)
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.
(c)
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 only, and that the cost
of federal flood insurance will be commensurate with the increased
risk.
H.
Enforcement.
(1)
Compliance required.
(a)
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.
(b)
Failure to obtain a permit shall be a violation of these regulations and shall be punishable in accordance with § 197-73H(3).
(c)
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.
(2)
Notice of violation. The Building Official is authorized to serve
a notice of violation or order on any person or entity in violation
of the provisions of this section. Such order shall direct the discontinuance
of the illegal action or condition and the abatement of the violation.
If the notice of violation is not complied with promptly, the Building
Official is authorized to request that the City Solicitor institute
the appropriate proceeding at law or in equity to enforce this section.
(3)
Violations and penalties.
(a)
Who shall be liable. Any person or entity who knowingly commits,
takes part or assists in any violation or who maintains any buildings
or premises in which a violation exists, including, but not limited
to, the following:
[1]
The owner, general agent or contractor of a building or premises
where such violation has been committed or shall exist; and
[2]
The lessee or tenant of an entire building or entire premises
where such violation has been committed or shall exist; and
[3]
The owner, general agent, contractor, lessee or tenant of any
part of a building or premises in which such violation has been committed
or shall exist; and
[4]
The general agent, architect, builder, contractor or any other
person.
(b)
Penalties if convicted. If convicted, a person or entity, as
enumerated in this section, shall be subject to the following:
(c)
Each day a separate offense. Whenever the Building Official
shall have notified a person by service of a warrant in a prosecution
or in any other way that he/she is committing such violation of this
section, each day that such violation continues shall be deemed a
separate offense punishable by like fine or penalty.
(d)
Unlawful construction declared nuisance. Any building or portion
thereof or part of foundation wall hereafter erected or placed upon
any lot or premises within the City in violation of the provisions
of this section is hereby declared to be a common and public nuisance
and may be abated as authorized in the Charter of the City of Lewes
for the abatement of any other nuisance in addition to the provisions
of this section.
(e)
Violation abatement. In addition to any other remedy provided
by law, an appropriate action or proceeding, whether by legal process
or otherwise, may be instituted to:
[1]
Prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use;
[2]
Restrain, correct, abate such violation;
[3]
Prevent the occupancy of such building, structure or land; or
[4]
Prevent any illegal act, conduct, business or use in and about
such premises.
[1]
Editor's Note: This ordinance provided an effective date of
3-16-2015.
A.
Purpose: provide standards for protecting wetlands in development
projects.
B.
Definition:
[Amended 8-12-2019]
(1)
WETLANDS —
(a)
Areas inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions; or
(b)
Areas that are defined and delineated in accordance with the
United States Army Corps of Engineers Wetlands Delineation Manual,
Technical Report Y-87-1, as amended from time to time; or
(c)
Areas that are further defined and delineated by the United
States Army Corps of Engineers, the United States Environmental Protection
Agency, or the Delaware Department of Natural Resources and Environmental
Control (DNREC).
(2)
TIDAL WETLANDS — Areas under jurisdiction of Title 7, Chapter
66, of the Delaware Code, as regulated and mapped by DNREC.
(3)
NONTIDAL WETLANDS — Areas inundated or saturated by surface
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions and that are
not defined as tidal wetlands in the City Code.
(4)
TIDAL WATERS (MEAN HIGH-WATER LINE) — The mean high-water line
of a tidal water body, tidal stream, or tidal marsh. The average height
of all the high-tide water recorded over a nineteen-year period as
defined by the National Oceanic and Atmospheric Administration tidal
datum.
(5)
WETLAND
BUFFER — An area located upland and landward of the delineated
wetlands line, at the time of accepted delineation, that is established
or will be established with vegetation to protect the wetlands and
terrestrial environment from human disturbance, even if the area was
previously disturbed by human activity.
[Added 10-12-2020]
C.
Official boundaries. The Official Map for tidal wetlands is prepared
by the Delaware Department of Natural Resources and Environmental
Control (DNREC), Division of Water Resources, Wetlands and Subaqueous
Lands Section.
[Amended 8-12-2019]
D.
Identification on development plans and in the field.
[Amended 8-12-2019; 10-12-2020]
(1)
Development plans shall include a report delineating the locations
of all wetlands by legal description with bearings and distances and
with each flag point numbered, signed, and dated.
(a)
As part of the report, the applicant shall submit documentation
from DNREC delineating and defining the area (square footage) of tidal
wetlands, and this can be accomplished by submitting the completed
"Jurisdictional Determination and Map Change Request Form" to the
Wetlands and Subaqueous Land Section of DNREC.
(b)
The report should also establish the area (square footage) of
the nontidal wetlands on the tract.
(c)
The wetlands shall be flagged, and the flags shall remain on site
for major subdivisions during construction of the development.
(2)
Wetland delineation report.
(a)
The report shall utilize the on-site method or process for identifying
wetlands as described in the United States Army Corps of Engineers
Wetlands Delineation Manual," Technical Report Y-87-1, 1987 as amended
from time to time.
(b)
The report shall be prepared by a person with professional experience
and knowledge in wetlands identification and shall analyze a site
for the existence and extent of wetlands.
(3)
Building lots containing wetlands shall be identified with a notation
stating, "Construction activities within these sites may require a
permit from the United States Army Corps of Engineers or the State
of Delaware."
(4)
If a tract proposed for development contains no wetlands, the plan
shall include a statement affirming this from an experienced, qualified
professional.
E.
Permitted activities.
(1)
Generally, development is not permitted in wetlands.
(2)
Exception. Utility and access crossings within wetlands may be allowed
where no other recourse is available.
(a)
Proposed crossings must be authorized by the City and meet the
requirements of the City Code, United States Army Corps of Engineers
regulations, and DNREC.
(b)
Any work in wetland buffer areas shall meet the requirements
of the City Code, United States Army Corps of Engineers regulations,
and DNREC.
F.
Wetland mitigation activities.
(1)
Definition. Activities carried out in order to compensate for freshwater
wetlands or state open-waters loss or disturbance caused by regulated
activities.
(2)
Before commencing wetland mitigation measures, an applicant shall
obtain a permit from the United States Army Corps of Engineers.
(3)
Permits from the state may also be required.
G.
Wetland
buffers.
[Added 10-12-2020]
(1)
Purpose: Provide standards for the establishment of a buffer around
all wetlands in major subdivisions as the wetlands boundaries are
expected to change over time; to provide standards for protecting
wetlands in major subdivisions; to encourage natural drainage; and
to encourage best management practices and design standards.
(a)
This subsection shall be reviewed for consistency with this
purpose after two years from its adoption date, October 12, 2020.
(2)
Wetland buffer zones. A fifty-foot wetlands buffer shall be established
landward from the boundaries of all wetlands. This buffer shall consists
of two zones as defined below.
(b)
Permitted activities.
Activity
|
Zone A
|
Zone B
|
---|---|---|
State and federal permitted disturbances, such as road crossing
and fill with permits
|
Permitted
|
Permitted
|
Other road crossings, such as bridges with permits
|
Permitted
|
Permitted
|
Stormwater management outfalls permitted by Sussex Conservation
District (SCD)
|
Permitted
|
Permitted
|
Invasive species control
|
Required
|
Required
|
Planting of native vegetation
|
Permitted
|
Permitted
|
Floodplain creation without impacting associated wetlands with
permits
|
Permitted
|
Permitted
|
Tax ditch maintenance
|
Permitted
|
Permitted
|
Stormwater management BMPs
|
Not permitted
|
Permitted
|
Recreational trails constructed of permeable materials
|
Not Permitted
|
Permitted
|
Selective cutting for maintenance
|
Not permitted
|
Permitted
|
Erosion or stabilization measures
|
Not permitted
|
Permitted
|
Boat ramps with permits
|
Permitted
|
Permitted
|
Boardwalks
|
Not permitted
|
Permitted
|
Docks with permits
|
Permitted
|
Permitted
|
(c)
Additional regulations. No buffers are required for wetlands
to be filled with a valid USACE and/or DNREC permit.
(d)
The wetland buffer shall not traverse any lot intended to be
developed with one or more dwelling units.
(3)
Authorized impacts.
(a)
Development activities shall not be authorized in waters of
the US, waters of the state, delineated wetlands, or wetland buffers
without approval from the United States Army Corp of Engineers and/or
DNREC. Subject to City approval, such allowable activities permitted
may include bridge crossings, utility crossings, boat ramps, docks,
or stormwater outfalls, only with proper approval and permitting.
(b)
Major subdivision activities such as permanent or temporary
structures shall not be authorized by the City of Lewes in wetlands
or wetland buffers except when the following criteria are met:
(4)
Wetlands buffer width averaging.
(a)
Wetlands buffer width averaging can be utilized to allow flexibility
in site design and buffer width due to nonconformities in shorelines/wetlands
lines.
(b)
Wetlands buffer width averaging will require the overall total
area to be provided, and no area reduction will be allowed implementing
averaging.
(c)
Buffer width averaging may be utilized to adjust the width of
the buffer along the length, allowing a reduction of the width for
short runs while meeting the overall area of buffer to be provided
as to not reduce the wetlands function or values.
(d)
The overall square footage of Zone B wetland buffer must be
achieved within the boundaries of the property to be developed.
(e)
Wetland buffer width averaging is not available for Zone A.
(f)
Wetland buffer width averaging may be used on all of the Zone
B wetland buffers.
(g)
Zone B wetland buffer averaging shall not be expanded more than
double the width of Zone B wetland buffer as referenced in the attached
table.[1]
[1]
Editor's Note: The Table of Dimensional Regulations is included as an attachment to this chapter.
(5)
Buffer maintenance and management.
(a)
Maintenance standards.
[1]
All buffers that are composed of native species should be preserved
to the maximum extent practicable with no disturbance of native species
allowed in Zone A and only selective cutting of native species allowed
in Zone B.
[2]
All buffers that are composed of native species shall be maintained
with no mowing allowed in Zone A. Planting of native woody species
is encouraged in these buffers. Grass in Zone B shall be mowed a maximum
of four times per year.
[3]
All buffers that are composed of nonnative species should be
maintained to minimize nonnative species and to encourage colonization
from native noninvasive species. Planting of native woody species
is encouraged in these buffers. Planting of nonnative and invasive
species is prohibited.
(b)
Buffer management plan. All major subdivisions that contain
buffers shall be required to submit a buffer management plan and inventory
of trees and plants, prepared by a qualified professional, that describes
measures for maintaining and, if applicable, improving buffer on the
site. The community's homeowners' association shall be responsible
for maintaining the buffer.
[1]
The buffer management plan shall include that all maintenance
of the buffer shall comply with City of Lewes codes and/or policies
regarding invasive species.
A.
Intent.
[Amended 1-10-2022]
(1)
The intent of this section is to provide clarification on the environmental
constraints and requirements for development in wellhead protection
areas and excellent groundwater recharge potential areas to protect
public drinking water resources from contamination and pollution and
to ensure that groundwater quality and quantity are adequately protected
and maintained. Protection areas include source water resource protection
areas.
(2)
The purpose of this article is to protect the quality and quantity
of groundwater supplies. The City herein adopts the overlay maps delineating,
as source water protection areas, wellhead protection and excellent
groundwater recharge potential areas. To ensure the protection of
these water resources, this article establishes a zoning overlay to
be known as the "Source Water Protection Overlay."
(3)
The purpose of the Source Water Protection Overlay is to protect
public health and safety by minimizing contamination of aquifers,
preserving, and protecting existing potential sources of water resources
and preserving and protecting the quality and quantity of groundwater.
It is the intent to accomplish this purpose through both public education
and public cooperation, as well as by creating appropriate land use
regulations that may be imposed in addition to those currently imposed
by existing zoning districts or other state and county regulations.
(4)
The Source Water Protection Overlay is superimposed on current zoning
districts. It shall apply to all new construction, redevelopment,
or expansion of existing buildings and new or expanded uses. Applicable
activities/uses allowed in a portion of one of the underlying zoning
districts that fall within the Source Water Protection Overlay must
additionally comply with the requirements of this district. Uses prohibited
in the underlying zoning districts shall not be permitted in the Source
Water Protection Overlay District.
B.
ABOVEGROUND STORAGE TANK (AST)
APPLICANT
AQUIFER
CERCLA AND/OR HAZARDOUS SUBSTANCES
CONTAMINATION
DRAINAGE
DRAINAGE AREAS
ENGINEER
EXCELLENT GROUNDWATER RECHARGE POTENTIAL AREA
GEOLOGIST
GROUNDWATER
HAZARDOUS SUBSTANCE UST SYSTEM
HAZARDOUS WASTE
PUBLIC WATER SUPPLY WELL
REDEVELOPMENT
RUNOFF
SOURCE WATER
SOURCE WATER PROTECTION AREA
STORMWATER
STORMWATER MANAGEMENT
(1)
(2)
SURFACE, IMPERVIOUS
UNDERGROUND STORAGE TANK (UST)
WELLHEAD
WELLHEAD PROTECTION (WHP) ZONE 1
WELLHEAD PROTECTION (WHP) ZONE 2
WELLHEAD PROTECTION AREA (WHPA)
Definitions. This subsection defines words, terms, and phrases found
in this article.
A single containment vessel greater than 250 gallons as defined
in the Delaware Regulations Governing Aboveground Storage Tanks, dated
February 11, 2005. ASTs with a storage capacity greater than 12,499
gallons containing petroleum or hazardous substances, and ASTs with
a storage capacity greater than 39,999 gallons containing diesel,
heating fuel or kerosene, are subject to the design, construction,
operation, and maintenance requirements of the Delaware AST regulations.
See Article XVI.
A geological formation, group of formations or part of a
formation composed of rock, sand, or gravel capable of storing and
yielding groundwater to wells.
Those substances specifically designated as hazardous under
the Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA),[1] otherwise known as the "Superfund Law," or those substances
identified under other laws. In all, the Superfund Law includes references
to four other laws to designate more than 800 substances as hazardous
and identify many more as potentially hazardous due to their characteristics
and the circumstances of their release.
Any physical, chemical, biological, or radiological substance
that enters the hydrological cycle through human action and may cause
a deleterious effect on groundwater resources; it shall include, but
is not limited to, hazardous waste, limiting nutrients, and sanitary
sewage.
The process by which surface water (usually from rainfall)
moves across the land surface. See "stormwater management."
The delineated areas that currently contribute or are proposed
to contribute runoff to a specific location or point.
See Article XVI.
Those areas with high percentages of sand and gravel that
have "excellent" potential for recharge as determined through a stack
unit mapping analysis delineated by the Delaware Geological Survey
and presented in the Report of Investigations No. 66, Groundwater
Recharge Potential Mapping in Kent and Sussex Counties, Delaware,
Geological Survey, 2004.
See Article XVI.
A portion of the subsurface water that occurs beneath the
water table in soils and geologic formations that are fully saturated.
A solid waste, or combination of solid wastes, which, because
of its quantity, concentration, or physical, chemical, or infectious
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
irreversible illness, or pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, or disposed of, or otherwise managed. Without limitation,
included within this definition are those hazardous wastes described
in the Delaware Regulations Governing Hazardous Wastes, §§ 261.31
to 261.33.
A well from which the water is used to serve a community
water system by § 22.146 (Public Water Systems) in the Delaware
Regulations Governing Public Drinking Water Systems.
Any proposed expansion, addition, major facade change or
rebuilding to an existing building, structure or parking facility.
That portion of precipitation or snowmelt that has not evaporated
or infiltrated into the soil but flows on land surface.
Refers to any aquifer from which water is drawn either periodically
or continuously by the City's water system or any community water
system which provides piped water for human consumption.
Wellhead protection areas and excellent groundwater recharge
potential areas.
The runoff of water from the surface of the land resulting
from precipitation or snow or ice melts.
For water quantity control, a system of vegetative, structural,
and other measures that may control the volume and rate of stormwater
runoff which may be caused by land-disturbing activities or activities
upon the land; and
For water quality control, a system of vegetative, structural,
and other measures that control adverse effects on water quality that
may be caused by land-disturbing activities or activities upon the
land.
Surfaces providing negligible infiltration such as pavement,
buildings, recreation facilities (by example, but not by limitation,
tennis courts, swimming pools) and covered driveways.
[Amended 1-10-2022]
One or a combination of tanks including underground pipes,
the volume of which is 10% or more below ground, as defined in the
Delaware Regulations Governing Underground Storage Tank Systems, dated
March 12, 1995. The following USTs are not subject to the design,
construction, operation, and maintenance requirements of the Delaware
UST regulations: residential heating fuel, agricultural, and residential
motor fuel USTs less than 1,100 gallons and any UST less than 110
gallons.
The upper terminal of a well, including adapters, ports,
seals, valves, and other attachments.
The surface area extending to a minimum one-hundred-fifty-foot
radius around the wellhead.
The remaining surface area of the delineated WHPA outside
Zone 1.
Surface and subsurface areas surrounding public water supply
wells or well fields where the quantity or quality of groundwater
moving toward the wells or well fields may be adversely affected by
land use activity.
C.
Source water protection areas. Source water protection areas are
wellhead protection areas and excellent water recharge potential areas.
All such areas are as depicted on source water protection area maps
located in City Hall as adopted as part of the update and implementation
of the 2005 Comprehensive Land Use Plan. These maps are also available
in GIS overlays from Delaware Department of Natural Resources and
Environmental Control, Division of Water Resources, Source Water Assessment
and Protection Program. These areas shall be managed as required by
this article to protect public drinking water resources from activities
and substances that may harm water quality and subtract from overall
water quantity.
D.
Wellhead protection areas.
(1)
WHP Zone 1 requirements.
(a)
Parcels of land within a WHP Zone 1 wellhead protection area
shall be preserved in a natural condition with the exception of impervious
surface limited to building and access associated with the well and
distribution and treatment facilities and their maintenance.
(b)
Aboveground storage tanks for materials used in the treatment
facility operation are permitted.
(c)
Underground storage tanks are prohibited.
(d)
Stormwater runoff shall be diverted away from the wellhead.
(e)
Stormwater infiltration practices designed to handle runoff
are prohibited.
(f)
The minimum lot area for a proposed public water supply well
and related facility drawing from a confined aquifer shall be one
acre, and the minimum lot area for a public well drawing from an unconfined
aquifer shall be two acres.
(g)
On-site wastewater and disposal systems shall not be permitted.
(2)
WHP Zone 2 requirements.
(a)
Impervious cover. Impervious cover shall not exceed 20% per parcel. New development in this Zone 2 may exceed the twenty-percent impervious cover threshold within WPAs but shall be no more than fifty-percent impervious cover, provided that the applicant submits an environmental assessment impact report. (See Article IX, § 197-75H.)
(b)
Stormwater.
[1]
Stormwater shall be treated by an approved stormwater quality
management practice in accordance with current requirements of the
Delaware Sediment and Stormwater Regulations, dated October 11, 2006,
or as later revised.
[2]
For all new construction, all structures shall be required to
discharge roof drains onto permeable surfaces.
(c)
Underground storage tanks (USTs).
[1]
USTs with a capacity greater than 110 gallons containing petroleum,
and residential and agricultural USTs with a capacity greater than
1,100 gallons containing heating fuel or motor fuel, shall not be
permitted in a delineated WHP Zone 2 wellhead protection area.
(3)
Hazardous waste treatment, storage, and disposal facilities, as defined
in 7 DE Admin. Code § 1302, Delaware Regulations Governing
Hazardous Waste, shall not be permitted in wellhead protection areas.
(4)
Sanitary and industrial landfills, as defined in 7 DE Admin. Code
§ 1301, Delaware Regulations Governing Solid Waste, shall
not be permitted in wellhead protection areas.
(5)
Hazardous waste generators, vehicle repair, salvage operations, waste
sludge storage or application, tire piles and dredge spoil sites shall
not be permitted in wellhead protection areas.
(6)
Aboveground storage tanks. Aboveground storage tanks with a capacity
greater than 12,499 gallons containing petroleum or hazardous substances,
and ASTs with a storage capacity greater than 39,999 gallons containing
diesel, heating fuel or kerosene, shall be permitted in a delineated
wellhead area if the ASTs are designed, constructed, operated and
maintained with the applicable requirements in the Delaware Regulations
Governing Aboveground Storage Tanks, dated February 11, 2005, or as
later revised.
(7)
Wastewater treatment and disposal systems. On-site wastewater treatment
and disposal systems shall not be permitted.
E.
Excellent groundwater recharge potential areas.
(1)
Impervious cover. Major subdivisions in excess of one acre and site development plans in excess of one acre. For new major subdivisions and site development plans encompassing more than 1 acre, the excellent groundwater recharge potential area shall not exceed twenty-percent impervious cover per parcel. New development in this area may exceed the twenty-percent impervious cover threshold within the excellent groundwater recharge potential area but shall be no more than fifty-percent impervious cover, provided that the applicant submits an environmental assessment impact report. (See Article IX, § 197-75H.)
[Amended 1-10-2022]
(2)
Stormwater.
(a)
Stormwater shall be treated by an approved stormwater quality
management practice in accordance with current requirements of the
Delaware Sediment and Stormwater Regulations, dated October 11, 2006,
or as later revised.
(b)
For all new construction, all structures shall be required to
discharge roof drains onto permeable surfaces.
(3)
Underground storage tanks.
(a)
Underground storage tanks with a capacity greater than 110 gallons
containing petroleum, and residential and agricultural ASTs with a
capacity greater than 1,100 gallons containing heating fuel or motor
fuel, shall be permitted in an excellent groundwater recharge potential
area if the USTs are designed, constructed, maintained and operated
in accordance with the Delaware Regulations Governing Underground
Storage Tank Systems, dated March 12, 1995, or as later revised. (NOTE:
Regulated USTs must be constructed with secondary containment of the
tanks and piping and must have continuous monitoring for releases.)
(b)
Underground storage tanks with a capacity greater than 110 gallons
containing a hazardous substance as defined in CERCLA § 101(14)[5] shall be permitted a delineated excellent groundwater
recharge potential area if the USTs are designed, constructed, maintained
and operated in accordance with the Delaware Regulations Governing
Underground Storage Tank Systems, dated March 12, 1995, or as later
revised. (NOTE: Regulated USTs must be constructed with secondary
containment of the tanks and piping and must have continuous monitoring
for releases.)
[5]
Editor's Note: See 42 U.S.C. § 9601(14).
(4)
Aboveground storage tanks. Aboveground storage tanks with a capacity
greater than 12,499 gallons containing petroleum or hazardous substances,
and ASTs with a storage capacity greater than 39,999 gallons containing
diesel, heating fuel or kerosene, shall be permitted in a delineated
excellent groundwater recharge potential area if the ASTs are designed,
constructed, operated and maintained with the applicable requirements
in the Delaware Regulations Governing Aboveground Storage Tanks, dated
February 11, 2005, or as later revised.
(5)
Wastewater treatment and disposal systems. Such systems shall not
be permitted in an excellent groundwater recharge potential area.
F.
Boundary interpretation and adjustment.
(1)
All subdivision and land development plans depicting development
or land disturbance submitted for City review shall be evaluated for
the existence of source water protection areas. All such areas are
as depicted on source water protection area maps located in City Hall,
including but not limited to Stormwater Map, Recharge Area Map and
Wellhead Protection Map, and as adopted as part of the update and
implementation of the 2005 Comprehensive Land Use Plan. These maps
are also available in GIS overlays. Maps/overlays are available from
Delaware Department of Natural Resources and Environmental Control
(DNREC), Source Water Assessment and Protection Program (SWAPP). If
an SWPA exists within a proposed development site, the boundaries
of these areas shall be delineated on the plan by the applicant's
engineer or geologist.
(2)
DNREC SWAPP may, when based on sound science and information, revise
and update the overlay maps of wellhead protection areas.
(3)
The Delaware Geological Survey (DGS) may, when based on sound science
and information, revise and update the overlay maps of excellent groundwater
recharge potential areas.
(4)
When there appears to be a conflict between the mapped boundary and
actual site conditions, the applicant may engage the services of a
geologist to prepare a report intended to determine more accurately
the precise boundary of the source water protection area. The report
shall include:
(a)
A detailed topographic layout of the subdivision and/or area
to be developed and prepared by a state-registered professional land
surveyor or geologist.
(b)
Evidence derived from a site-specific investigation that may
include aquifer testing, test borings, test pits, observation wells,
groundwater elevations, and topography surveys as appropriate for
the type of source water protection area that clearly demonstrate
that the area in question does not meet the definition of a "source
water protection area" as defined.
(c)
Any challenges to the delineations of the excellent groundwater
recharge potential areas must follow the methods used in the Delaware
Geological Survey publication Report of Investigations No. 66, Groundwater
Recharge Potential Mapping in Kent and Sussex Counties, Delaware.
The challenge must be approved by DGS and DNREC SWAPP.
(d)
Notwithstanding any other section of this article, if an owner
initiates a precise boundary delineation pursuant to this section,
any and all time review limitations shall be stayed pending the submission
of the complete report contemplated by this section. Following submission
of the report and all supporting documents, the DGS and DNREC SWAPP
shall have 90 days to approve finally or disapprove the exploratory
sketch plan submission or such further time as deemed necessary by
the DGS and DNREC SWAPP, but not to exceed an additional 90 days.
G.
Identification on development plans.
(1)
Development plans shall delineate the locations of water resources
protection areas. A statement by an experienced, qualified engineer
or geologist shall be provided, verifying the accuracy of the delineation.
(2)
If a tract proposed for development contains no wellhead protection
areas, the plan shall include a statement affirming this from an experienced,
qualified professional engineer or geologist.
(3)
When a property proposed for development contains water resources
protection areas, an environmental impact assessment report shall
be submitted with the preliminary plan.
(4)
The following standards and criteria shall be applicable to any limited
use, special use or other use requiring an environmental impact assessment
permitted pursuant to this division:
H.
Environmental impact assessment report.
(1)
If a proposed use requires an environmental impact assessment report,
the applicant shall submit an environmental assessment report. Such
report shall include a climatic water budget and systems to augment
recharge that assure water quality as well as water quantity. The
environment impact assessment must document that post-development
recharge will be no less than predevelopment recharge when computed
on an annual basis. It is acknowledged that, commonly, the applicant
offsets the loss of recharge due to impervious cover by constructing
recharge basins that convey pretreated rooftop runoff for infiltration
to groundwater. Refer to Supplement 1, Groundwater Recharge Design
Methodology, dated May 2005, or as later revised, for the details
of how to design recharge facilities in Delaware source water protection
areas.
(2)
An engineer or geologist prepares an environmental assessment report,
including but not limited to the following elements of planning, design,
construction, and maintenance of groundwater recharge facilities:
(a)
Site description of proposed development within the water resource
protection area;
(b)
Climatic water balance comparing predevelopment and post-development
recharge potential;
(c)
Subsurface exploration, including borings, test pits, and infiltration
tests;
(d)
Design of groundwater recharge facilities that assure water
quality as well as quantity;
(e)
Construction and maintenance considerations; and
(f)
Recommended groundwater monitoring plan.
(3)
Enter into a water management agreement between the applicant, the
City, the Board of Public Works of the City of Lewes and Sussex County
Conservation District providing for review, monitoring, and maintenance
of the recharge system.
(4)
The applicant shall abide by the groundwater management agreement
as written in DNREC Supplement 1 to the Source Water Protection Guidance
Manual for the Local Governments of Delaware: Groundwater Recharge
Design Methodology, dated May 2005, or as later revised.
I.
Redevelopment in wellhead protection areas and groundwater recharge
protection areas.
(1)
Impervious cover.
(a)
Site modifications that require site plan approval must create
a fifteen-percent reduction in the amount of impervious cover on the
site when compared to pre-redevelopment conditions.
(b)
If the fifteen-percent reduction would require a site to go
below the twenty-percent maximum impervious cover provisions of source
water protection areas, then the maximum impervious surface cover
for the site is 20%.
(2)
Stormwater.
(a)
Sites that do not meet the twenty-percent impervious cover threshold
must employ rooftop infiltration practices. Stormwater shall be treated
by an approved stormwater quality management practice in accordance
with current requirements of the Delaware Sediment and Stormwater
Regulations, dated October 11, 2006, or as later revised.
(b)
If the fifteen-percent reduction does not meet the twenty-percent
impervious cover threshold, the site must employ rooftop infiltration
practices. Stormwater shall be treated by an approved stormwater quality
management practice in accordance with current requirements of the
Delaware Sediment and Stormwater Regulations, dated October 11, 2006,
or as later revised.
J.
Uniform standards and criteria.
(1)
Hazardous waste treatment, storage, and disposal facilities, as defined
in regulations established pursuant to 7 Del. C., § 6302,
Delaware Regulations Governing Hazardous Waste, shall not be permitted
in source water protection areas.
(2)
Sanitary and industrial landfills, as defined in regulations established
pursuant to 7 DE Admin. Code § 1301, Delaware Regulations
Governing Solid Waste, shall not be permitted in source water protection
areas.
K.
Nonconforming uses.
(1)
Nonconforming uses may continue in wellhead protection areas and
excellent groundwater recharge potential in the form in which they
existed at the time of the posting of this proposed ordinance, unless
they pose a direct hazard to the City's water supply, as determined
by the Board of Public Works, upon advice from the Delaware Division
of Public Health, or are causing some foreign substances (by example,
but not by limitation, oil, salts, chemicals, or other substances)
to be introduced into the City's water supply as determined by the
Board of Public Works upon advice from DNREC's Division of Air and
Waste Management and/or Division of Water Resources. In the latter
case, the Building Official or Board of Public Works shall issue a
mandatory cease-and-desist order to stop the offending activity within
the area.
(2)
Nonconforming existing underground or aboveground storage of oil,
petroleum, and petroleum products shall require secondary containment
pursuant to the regulations of the State of Delaware governing underground
storage tanks.
(3)
Nonconforming existing aboveground storage of petroleum products
shall require containment facilities capable of capturing the material
stored on the site, for existing facilities that are proposed either
to be upgraded or replaced.
L.
Replacement and new wells.
(1)
The replacement of any existing public water supply well that was
not required to meet this wellhead protection requirement at the date
of its original installation and that has failed shall be exempt from
meeting this wellhead protection requirement.
(2)
All public water supply wells within a housing development, subdivision
or strip development recorded on or after the implementation of the
Delaware Regulations Governing the Construction and Use of Wells,
dated April 6, 1997, or as later revised, shall be located at least
150 feet within the subdivision's or development's outermost property
lines.
A.
Natural drainage system utilized to maximum extent feasible.
(1)
To the extent practicable, all development shall conform to the natural
contours of the land. Natural and preexisting man-made drainageways
shall remain undisturbed.
(2)
To the extent practicable, lot boundaries shall be made to coincide
with the natural and preexisting man-made drainageways within subdivisions
to avoid the creation of lots that can only be built upon by altering
such drainageways.
B.
Proper drainage required.
(1)
All developments, lots, and properties shall be provided with a drainage
system that is adequate to prevent the undue retention of surface
water on the site.
(2)
Surface water may not be channeled or directed into a sanitary sewer.
(3)
Whenever practicable the drainage system of new developments shall
be designed to retain runoff on site, and streets shall provide natural
stormwater management in a manner consistent with provision of standardized
shade trees.
A.
Requirement.
(1)
Developments shall be constructed and maintained so that adjacent
properties are not unreasonably burdened with surface waters as a
result of such development.
(2)
No development or property may be constructed or maintained in a
way that such development or property unreasonably hampers the natural
flow of water from higher adjacent properties across the development
or property thereby causing substantial damage to the higher adjacent
property.
(3)
No development or property may be constructed or maintained so that
surface waters from such development or property are unreasonably
collected and channeled onto lower adjacent properties at such locations
and at such volumes so as to cause substantial damage to the lower
adjacent property.
A.
Requirement. Development plans shall include adequate provision for
controlling temporary flooding, soil erosion, and sediment deposits
during and after construction.