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 is authorized to:
(1)
Fulfill the duties and responsibilities set forth in these regulations;
(2)
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees; or
(3)
Enter into a written agreement or written contract with another jurisdiction
or agency, or private sector entity to administer specific provisions
of these regulations.
B.
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.
In the event the Building Official is unable to perform any duties
of the Floodplain Administrator, the Town Manager shall fulfill any
duties set forth until such time as the Building Official becomes
available.
The duties and responsibilities of the Floodplain Administrator
shall include but are not limited to:
A.
Review applications for permits to determine whether proposed activities
will be located in special flood hazard areas.
B.
Interpret floodplain boundaries and provide flood elevation and flood
hazard information.
C.
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.
D.
Review applications to determine whether proposed activities will
be reasonably safe from flooding.
E.
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.
F.
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.
G.
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.
H.
Inspect buildings and lands to determine compliance with these regulations
or to determine if noncompliance has occurred or violations have been
committed.
I.
Review submitted elevation certificates for completeness.
J.
Submit to FEMA data and information necessary to maintain flood hazard
maps, including hydrologic and hydraulic engineering analyses prepared
by or for the Town of Fenwick Island, corrections to labeling or planimetric
details, etc.
K.
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.
L.
Enforce the provisions of these regulations.
M.
Assist with and coordinate flood hazard map maintenance activities.
N.
Conduct determinations as to whether existing buildings and structures
damaged by any cause and located in special flood hazard areas have
been substantially damaged.
O.
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.
P.
Undertake, as determined appropriate by the Floodplain Administrator
due to the circumstances, other actions which may include but are
not limited to: issuing press releases, public service announcements,
and other public information materials related to permit requests
and repair of damaged structures; coordinating with other federal,
state, and local agencies to assist with substantial damage determinations;
providing owners of damaged structures materials and other information
related to the proper repair of damaged structures in special flood
hazard areas; and assisting owners with National Flood Insurance Program
claims for Increased Cost of Compliance payments.
Q.
Notify the Federal Emergency Management Agency when the corporate
boundaries of the Town of Fenwick Island have been modified.
It shall be unlawful for any person or entity to begin construction or other development which is wholly within, partially within, or in contact with any identified special flood hazard area, as established in § 88-4, including but not limited to: subdivision of land, filling, grading, or other site improvements and utility installations; construction, alteration, remodeling, improvement, replacement, reconstruction, repair, relocation, or expansion of any building or structure; placement of recreational vehicles; installation or replacement of storage tanks; or alteration of any watercourse, until a permit is obtained from the Town of Fenwick Island. No such permit shall be issued until the requirements of these regulations have been met.
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.
A.
Application contents. At a minimum, applications shall include:
(1)
Site plans drawn to scale which must be signed and sealed by a land
surveyor, engineer or architect authorized by law to certify elevation
information 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"). Elevation certificates must be signed and
sealed by a land surveyor, engineer or architect authorized by law
to certify elevation information.
(3)
Delineation of special flood hazard areas, floodway boundaries, flood zones, base flood elevations, and Limit of Moderate Wave Action. 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 Subsection 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. The applicant may submit analyses and studies that determine base flood elevations and delineate flood hazard areas. Analyses and studies shall be submitted to and approved by FEMA prior to recordation.
(4)
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.
(5)
Drawings, diagrams, or descriptions of the proposed foundation in
sufficient detail to demonstrate compliance with the requirements
of this chapter.
(7)
Where the placement of fill is proposed, the amount, type, and source
of fill material; compaction specifications; a description of the
intended purpose of the area to be filled; and evidence that the proposed
fill is the minimum necessary to achieve the intended purpose.
(8)
Such other material and information as may be requested by the Floodplain
Administrator necessary to determine conformance with these regulations.
(9)
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.
(10)
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:
(a)
Floodproofing certificate for dry floodproofed nonresidential structures, as required in § 88-27.
(b)
Certification that flood openings that do not meet the minimum requirements of § 88-26B(3)(b) are designed to automatically equalize hydrostatic flood forces.
B.
Right to submit new technical data.
(1)
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.
(2)
New technical data, including topography based on previous placement
of fill or proposed placement of fill to raise the ground level, shall
not be deemed to remove from the special flood hazard area any portion
of the filled area that is less than at or above the base flood elevation.
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.
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 § 88-13 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 Administrator shall approve
applications that comply with the applicable requirements of these
regulations. The Floodplain Administrator 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.
(1)
Any permit issued hereunder shall be valid for a period of 15 months
from the date such permit is granted; provided, however, that construction
has commenced within 30 days from the date of issuance and has continued
unabated except for delays caused by acts of God (catastrophic acts
beyond the control of the permit holder). Any such delays shall be
documented and submitted to the Building Official and Town Manager
for consideration of extension of the permit.
[Amended 5-3-2019]
(2)
Renewal of permits.
(a)
Any permit originally issued for 15 months as stated in § 88-14C(1) above may be renewed upon the payment of a renewal fee in the amount of 100% of the original permit fee for an additional period not to exceed six months upon the approval of the Building Official.
[Amended 5-3-2019]
(b)
The Building Official and Town Manager shall monitor the progress
of the work during this six-month renewal period to determine if the
permit holder has proceeded in good faith and with due diligence.
[Amended 5-3-2019]
(c)
Any extension of the permit beyond this six-month renewal period must be approved or denied by a resolution of Town Council, which may consider recommendations from the Building Official and Town Manager, including the results of the monitoring established in § 88-14C(2)(b) above. No additional extension or renewal will be granted unless all exterior work on a structure is complete, including but not limited to, installation/construction of roof shingles, all walls, windows, siding, doors, decks and stairs.
[Amended 5-3-2019]
(d)
If an extension or renewal is granted by the Town Council pursuant to § 88-14C(2)(c) above:
[1]
The permit holder shall supply and adhere to a schedule of completion
as presented to and approved by the Town Council.
[2]
The permit fee for any such additional extension or renewal
granted by the Town Council shall continue to be 100% of the original
permit fee and such extension or renewal shall be valid for a time
period determined by Town Council in its sole discretion.
(e)
Violations of the above conditions will result in the imposition
of a civil penalty in the amount of $100 per day for each day that
the violation continues, which shall be assessed in addition to any
other fine or penalty provided for elsewhere in this chapter. Such
penalties shall be considered civil penalties and any action brought
for the recovery of the penalties, together with all costs and reasonable
attorneys' fees incurred by the Town, shall be brought in any
civil court of competent jurisdiction.
(3)
Delays; time extensions. Any delays caused by an act of God during
the renewal period/periods described above shall be documented and
presented to Town Council for consideration in connection with any
request for a time extension.
(4)
Effect of failure to comply with time limits for construction completion.
Upon failure of a construction project to be completed in accordance
with the time limits established in this chapter, the following penalties
will apply to the permit holder and/or property owner:
(a)
In the case of all permits, including but not limited to renewed
or extended permits, a civil penalty in the amount of $100 per day,
beginning on the day following the latest expiration date on the permit,
shall be imposed. Such penalties shall be considered civil penalties
and any action brought for the recovery of the penalties, together
with all costs and reasonable attorneys' fees incurred by the
Town, shall be brought in any civil court of competent jurisdiction.
(b)
In the case of incomplete projects where no application for
renewal or extension is submitted and/or approved, a civil penalty
in the amount of $100 per day, beginning on the day following the
latest expiration date on the permit, shall be imposed. Such penalties
shall be considered civil penalties and any action brought for the
recovery of the penalties, together with all costs and reasonable
attorneys' fees incurred by the Town, shall be brought in any
civil court of competent jurisdiction.
(c)
In the case of incomplete projects where no application for
renewal or extension is submitted and/or approved, the Town Council
may further institute appropriate legal and/or equitable proceedings
to abate and require the removal of the incomplete project. In this
event, the Town Council shall be entitled to collect from the offending
party or parties the Town's reasonable attorney's fees,
legal costs and other necessary expenses, including but not limited
to expert witness fees, if any.
(5)
Appeals of the interpretation of this chapter must be made to the
Town Council. The decision of the Town Council shall be final.
The Floodplain Administrator shall make periodic inspections
of development permitted in special flood hazard areas, at appropriate
times throughout the period of construction, in order to monitor compliance.
Such inspections may include:
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.
The following certifications are required to be submitted by
the applicant 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, upon 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 of the floodproofing certificate).
