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Town of Fenwick Island, DE
Sussex County
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A. 
Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
AREA OF SHALLOW FLOODING
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.
BASE FLOOD
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).
BASE FLOOD DISCHARGE
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).
BASE FLOOD ELEVATION
The water surface elevation of the base flood in relation to the datum specified on the community's Flood Insurance Rate Map. In areas of shallow flooding, the base flood elevation is the natural grade elevation plus the depth number specified in feet on the Flood Insurance Rate Map, or at least two feet if the depth number is not specified.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL
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.
COASTAL A ZONE
Flood hazard areas that have been delineated as subject to wave heights between 1 1/2 feet (457 mm) and three feet (914 mm); Coastal A Zone areas are seaward of the limit of moderate wave action shown on the Flood Insurance Rate Map.
COASTAL HIGH HAZARD AREA
An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms. Coastal high hazard areas also are referred to as "Zone V" or "V Zones" and are designated on FIRMs as flood insurance risk Zone VE.
DEVELOPMENT
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.
DRY FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
ELEVATION CERTIFICATE
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.
ENCLOSURE BELOW THE LOWEST FLOOR
An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access, or storage, in an area other than a basement.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
The federal agency with the overall responsibility for administering the National Flood Insurance Program.
FEMA TECHNICAL BULLETIN
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.
FLOOD DAMAGE-RESISTANT MATERIALS
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.
FLOOD INSURANCE RATE MAP (FIRM)
An official map on which the Federal Emergency Management Agency has delineated special flood hazard areas to indicate the magnitude and nature of flood hazards, and to designate applicable flood zones.
(1) 
Zone A: Special flood hazard areas inundated by the one-percent annual chance flood; base flood elevations are not determined.
(2) 
Zone AE: Special flood hazard areas subject to inundation by the one-percent annual chance flood; base flood elevations are determined; floodways may or may not be determined.
(3) 
Zone AO: Areas of shallow flooding, with or without a designated average flood depth.
(4) 
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.
(5) 
Zone X (unshaded): Areas determined to be outside the one-percent annual chance flood and outside the five-hundred-year floodplain.
(6) 
Zone VE: Special flood hazard areas subject to inundation by the one-percent annual chance flood and subject to high-velocity wave action (also referred to as coastal high-hazard areas).
FLOOD INSURANCE STUDY
The official report in which the Federal Emergency Management Agency has provided flood profiles, floodway information, and the water surface elevations.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) 
The overflow of inland or tidal waters; and/or
(2) 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN
Any land area susceptible to being inundated by water from any source (see "flood" or "flooding").
FLOODPROOFING CERTIFICATE
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.
FLOODWAY
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.
FLOODWAY FRINGE AREA
Portion of the special flood hazard area that is adjacent to and landward of a designated floodway shown on a Flood Insurance Rate Map.
FREEBOARD
A factor of safety usually expressed in feet above a flood elevation for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.
FUNCTIONALLY DEPENDENT USE
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.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
(1) 
Individually listed in the National Register of Historic Places (a listing maintained by the United States Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; or
(2) 
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.
HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS
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.
LETTER OF MAP CHANGE
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:
(1) 
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.
(2) 
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.
(3) 
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.
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.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an "enclosure below the lowest floor" which is an unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a recreational vehicle.
NEW CONSTRUCTION
Buildings and structures for which the start of construction commenced on or after March 23, 1973, including any subsequent improvements to such structures.
PERSON
An individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies.
RECREATIONAL VEHICLE
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.
SPECIAL FLOOD HAZARD AREA
The land in the floodplain subject to a one-percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency in Flood Insurance Studies and on Flood Insurance Rate Maps as Zones A, AE, AO, and Zone VE. The term includes areas shown on other flood hazard maps that are specifically listed or otherwise described in § 88-4.
START OF CONSTRUCTION
The date of issuance of permits for new construction and substantial improvements, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE (or BUILDING)
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE
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.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
VIOLATION
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.