A. 
A permit is required for all development in any floodplain zone. It shall be granted only after all necessary permit applications are submitted to federal and state agencies. The Town of Delmar will not allow new structures to be built within the 100-year floodplain zone. Receipt of federal and state permits does not exempt development from the provisions of this chapter.
B. 
Any application for a permit must demonstrate that no structure will be placed in the 100-year floodplain zone by showing the location of all proposed structures in relation to the floodplain zone boundary if the property is within the 100-year floodplain zone.
C. 
Subdivision of land does not exempt the land from the prohibition that no new structure will be placed in the floodplain zone.
D. 
Additions are only allowed within the original building footprint design and must not constitute a substantial improvement.
A. 
An applicant wishing to subdivide the 100-year floodplain zone shall submit a plan to demonstrate that a building site for each lot subdivided is outside of the 100-year floodplain zone. The local permitting official shall assure that a plan for the perpetual protection of the floodplain zone areas in their natural state is included. This may be by restrictive covenants, deed restrictions, or donation of the floodplain zone land to a land trust or to the Town.
B. 
Plans for maintenance of forest cover, flood protection setbacks, revegetation, accommodation of stormwater runoff, prevention of erosion, and other plans required by the local permitting official must be submitted with the subdivision proposals. The plans shall be evaluated as a whole to achieve maximum preservation of the natural and beneficial floodplain zone functions, desirable resources, and characteristics of each site. The plan for utility ingress, stormwater drainage structures, road access, and other rights-of-way shall be evaluated in light of the site characteristics.
A. 
Considerations.
(1) 
Prior to issuance of a permit, the local permitting official shall determine the location of the project relative to 100-year floodways and floodplain zones to confirm that no structure will be located there. Development below the elevation of the 100-year flood shall be limited to necessary public works.
(2) 
Permits shall be granted by the local permitting official only after determining that the proposed development will be in complete conformance with the requirements of this chapter and all other applicable local codes and ordinances.
B. 
After issuance and during construction.
(1) 
After issuance of a permit, no changes shall be made to the application, permit, or any of the plans, specifications, or other documents submitted with the application without the written approval of the local permitting official.
(2) 
Work on the permitted activity shall begin within 180 days of the issuance of the permit or the permit shall expire, unless the local permitting official grants a written extension. Work shall be completed within one year of the date of the permit unless a greater time is specified in the permit or a written extension is granted. During construction, the local permitting official or an authorized representative shall inspect the site to determine that the work is in compliance with the permit. Any work found not to be in compliance must be corrected before any additional work is undertaken.
C. 
Record of permits. A record of all floodplain zone permits shall be maintained and be available upon request by the Federal Emergency Management Agency or its authorized agent (DNREC Division of Water) during periodic assessments of this community's participation in the National Flood Insurance Program. All documents needed to support any permit action shall be available for review during these assessments.
A. 
A person who does not comply with the provisions of this chapter is guilty of a municipal violation, and the penalty shall be $50 for each initial offense and $100 for each subsequent offense. Each day a violation continues is a separate offense. The violation must be corrected prior to any further work progressing on the project.
B. 
The Federal Insurance and Mitigation Administrator and the DNREC Division of Water must be notified by the local permitting official within 30 days after issuance of the citation of any violation which requires a fine or court appearance. New or renewal federal flood insurance may be denied any structure remaining in violation of this chapter. The violation may also violate state law, may be subject to separate action, and may incur a separate penalty.