Town of Millsboro, DE
Sussex County
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Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meanings 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, such terms shall have the meanings ascribed to them in that code.
ACCESSORY STRUCTURE
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.
AREA OF SHALLOW FLOODING
A designated Zone AO on a community's Flood Insurance Rate Map with a 1% 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 1% chance of being equaled or exceeded in any given year; the base flood also is referred to as the "100-year flood" (or the "1% 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 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.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BUILDING CODE
The family of building codes specifically adopted by the Town of Millsboro in Chapter 70 of the Town Code, specifically, the International Building Code and International Residential Code, as modified by Chapter 70. The code that applies to one- and two-family dwellings (i.e., the International Residential Code, as modified by Chapter 70) is hereinafter referred to as the "Residential Code."
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
A combination of measures which results in a structures, including attendant utilities and equipment, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.
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.
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 INSURANCE RATE MAP (FIRM)
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.
A. 
Special flood hazard areas inundated by the 1% annual chance flood; base flood elevations are not determined.
B. 
Special flood hazard areas subject to inundation by the 1% annual chance flood; base flood elevations are determined; floodways may or may not be determined.
C. 
Areas of shallow flooding, with or without a designated average flood depth.
D. 
Areas subject to inundation by the 500-year flood (0.2% annual chance); areas subject to the 1% 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.
E. 
Areas determined to be outside the 1% annual chance flood and outside the 500-year floodplain.
F. 
Special flood hazard areas subject to inundation by the 1% annual chance flood and subject to high-velocity wave action (also referred to as "coastal high-hazard areas").
G. 
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.
FLOOD INSURANCE STUDY
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.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. 
The overflow of inland or tidal waters; and/or
B. 
The unusual and rapid accumulation or runoff of surface waters from any source.
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.
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.
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:
A. 
Individually listed on the National Register of Historic Places (a listing maintained by the U.S. Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; or
B. 
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:
A. 
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.
B. 
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.
C. 
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.
LOWEST FLOOR
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.
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 September 1, 1978, 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 flood hazards and shown on a Flood Insurance Rate Map 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 § 109-4.
START OF CONSTRUCTION
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.
STRUCTURE (or BUILDING)
That which is built or constructed.
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 repair, alteration, 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 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.
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.