Town of Millsboro, DE
Sussex County
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In addition to the general requirements of Article IV, the requirements of this article apply to all development proposed in special flood hazard areas. These areas include Zones A, AE, and AO. See § 109-21 for the requirement that buildings and structures comply with the flood load and flood-resistant-construction requirements of the Building Code.
A. 
Accessory structures shall meet the requirements of these regulations. Accessory structures that have a footprint of no more than 200 square feet may be allowed without requiring elevation or floodproofing, provided such structures meet all of the following requirements:
(1) 
Usable only for parking or limited storage;
(2) 
Constructed with flood-damage-resistant materials below the base flood elevation;
(3) 
Constructed and placed to offer the minimum resistance to the flow of floodwaters;
(4) 
Firmly anchored to prevent flotation, collapse, and lateral movement;
(5) 
Electrical service and mechanical equipment elevated to or above the level of the base flood elevation plus 12 inches; and
(6) 
Equipped with flood openings that meet the requirements of Section R322.2.2 of the Residential Code.
B. 
For guidance, see FEMA Technical Bulletin No. 7, Wet Floodproofing Requirements.
A. 
Development in floodways.
(1) 
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.
(2) 
The proposed development activity may be permitted if the analyses demonstrate that the activity:
(a) 
Will not result in any increase in the base flood elevation; or
(b) 
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:
[1] 
Submits technical data required in § 109-13A(8)(e);
[2] 
Evaluates alternatives which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
[3] 
Certifies that no structures are located in areas which would be impacted by the increased base flood elevation;
[4] 
Documents that individual legal notices have been delivered to all impacted property owners to explain the impact of the proposed action on their properties;
[5] 
Requests and receives concurrence of the Mayor and Town Council of the Town of Millsboro and the Chief Executive Officer or governing body of any other community impacted by the proposed actions; and
[6] 
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.
(1) 
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.
(2) 
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 1.0 foot at any point.
C. 
Deliberate alterations of a watercourse.
(1) 
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.
(2) 
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.
(3) 
The proposed alteration of a watercourse may be permitted upon submission, by the applicant, of the following:
(a) 
Documentation of compliance with § 109-29A if the alteration is in a floodway or § 109-29B if the alteration is in a watercourse with base flood elevations but no floodway.
(b) 
A description of the extent to which the watercourse will be altered or relocated as a result of the proposed development.
(c) 
A certification by a licensed professional engineer that the bankfull flood-carrying capacity of the watercourse will not be diminished.
(d) 
Evidence that adjacent communities, the U.S. 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.
(e) 
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 Town of Millsboro 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.