The City Manager is hereby appointed to administer and implement
these regulations and is referred to herein as the Floodplain Administrator.
The Floodplain Administrator may authorize one or more persons to
serve as his designee in which case each such designee shall act in
his stead and have all of the authority of the Floodplain Administrator
contained herein.
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. Submit to FEMA data and information necessary to maintain flood hazard
maps, including hydrologic and hydraulic engineering analyses prepared
by or for the City of Rehoboth Beach corrections to labeling or planimetric
details, etc.
J. 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.
K. Enforce the provisions of these regulations.
L. Assist with and coordinate flood hazard map maintenance activities.
M. Conduct determinations as to whether existing buildings and structures,
damaged by any cause and located in special flood hazard areas, have
been substantially damaged.
N. 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.
O. 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.
P. Notify the Federal Emergency Management Agency when the corporate
boundaries of the City of Rehoboth Beach have been modified.
[Amended 9-19-2014 by Ord. No. 0914-02]
It shall be unlawful for any person 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 §
159-5, including but not limited to subdivision of land; filling; grading; site improvements and utility installation; construction; alteration, remodeling, improving, replacement, reconstruction, repair, relocation or expanding any structure; placement or replacement of a manufactured home or recreational vehicle; installation or replacement of storage tanks; or alteration of any watercourse, until a permit is obtained from the City of Rehoboth Beach. 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 showing the nature, location, dimensions,
and existing and proposed topography of the area in question, 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.
(3) Delineation of special flood hazard areas, floodway boundaries, flood
zones, and base flood elevations. 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. 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.
(4) Hydrologic and hydraulic engineering analyses, required by §
159-19D, performed in accordance with FEMA's specifications that determine base flood elevations and floodway information for subdivision proposals and developments with at least 50 lots or at least five acres, whichever is the lesser, where base flood elevations are not shown on the flood hazard maps.
[Amended 9-19-2014 by Ord. No. 0914-02]
(5) Elevation of the lowest floor, including basement, or elevation of
the bottom of the lowest horizontal structural member of the lowest
floor, as applicable to the flood zone, of all proposed structures,
referenced to the datum on the Flood Insurance Rate Maps.
[Amended 9-19-2014 by Ord. No. 0914-02]
(6) Such other material and information as may be requested by the Floodplain
Administrator necessary to determine conformance with these regulations.
(7) 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.
[Amended 9-19-2014 by Ord. No. 0914-02]
(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.
(8) 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 certification for dry floodproofed nonresidential structures, as required in §
159-29.
[Amended 9-19-2014 by Ord. No. 0914-02]
(b)
Certification that flood openings that do not meet the minimum requirements of §
159-28B(3) are designed to automatically equalize hydrostatic flood forces.
(c)
Certification that the structural design, specifications and plans, and the methods of construction to be used, are in accordance with accepted standards of practice and meet the requirements of §
159-34E.
(d)
Technical analyses to document that the flood-carrying capacity of any watercourse alteration or relocation will not be diminished, and documentation of maintenance assurances as required in §
159-31C.
(e)
Hydrologic and hydraulic engineering analyses demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but has not delineated a floodway, as required by §
159-31B.
(f)
Hydrologic and hydraulic engineering analyses of any development proposed to be located in an identified floodway, as required by §
159-31A.
(g)
Hydrologic and hydraulic engineering analyses to develop base flood elevations for subdivisions and large-lot developments, as required by §
159-19D or otherwise required by the Floodplain Administrator.
B. Right to submit new technical data. 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 and 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.
[Amended 9-19-2014 by Ord. No. 0914-02]
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 such information
becomes available. The Floodplain Administrator has the authority
to require applicants to submit technical data to FEMA for letters
of map change.
[Added 9-19-2014 by Ord. No. 0914-02]
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. Stakeout 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 crawl spaces, 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.
[Added 9-19-2014 by Ord. No. 0914-02]
The following certifications are required to be submitted for
development that is permitted in special flood hazard areas 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 submit an
elevation certificate that shows the ground elevation and finished
elevations (identified in Section C of the elevation certificate as
"finished construction").
[Amended 9-19-2014 by Ord. No. 0914-02]
B. For nonresidential structures that have been floodproofed, a floodproofing
certificate based on "finished construction."
[Amended 9-19-2014 by Ord. No. 0914-02]
C. For all development activities subject to the requirements of §
159-13A or
B, a Letter of Map Revision shall be obtained.
[Amended 9-19-2014 by Ord. No. 0914-02]
The Floodplain Administrator shall make interpretations, where
needed, as to the exact location of special flood hazard areas, floodplain
boundaries, and floodway boundaries. The following shall apply to
the use and interpretation of special flood hazard maps and data:
A. In FEMA-identified special flood hazard areas where base flood elevation
and floodway data have not been identified and in areas where FEMA
has not identified special flood hazard areas, any other flood hazard
data available from a federal, state, or other source shall be reviewed
and reasonably used. When a Preliminary Flood Insurance Rate Map has
been provided by FEMA to identify base flood elevation where such
elevations were not previously shown, the base flood elevations on
the Preliminary Flood Insurance Rate Map shall be used.
[Amended 9-19-2014 by Ord. No. 0914-02]
B. Base flood elevations and floodway boundaries on FEMA maps and in
FEMA studies shall take precedence over base flood elevations and
floodway boundaries by any other source that reflect a reduced floodway
width and/or lower base flood elevations.
C. Other sources of data shall be reasonably used if they show increased
base flood elevations and/or larger floodway areas than are shown
on FEMA flood maps and studies.
D. Where field-surveyed topography indicates that ground elevations
are below the base flood elevation, even in areas not delineated as
a special flood hazard on a flood hazard map, the area shall be considered
as a special flood hazard area.