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:
(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.
