A.
The Town Manager is hereby appointed to administer and implement
these regulations and is referred to herein as the Floodplain Administrator.
The Floodplain Administrator is authorized to:
(1)
Fulfill the duties and responsibilities set forth in these regulations;
(2)
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees; or
(3)
Enter into a written agreement or written contract with another jurisdiction
or agency, or private sector entity to administer specific provisions
of these regulations.
B.
Administration of any part of these regulations by another entity
shall not relieve the community of its responsibilities pursuant to
the participation requirements of the National Flood Insurance Program
as set forth in the Code of Federal Regulations at 44 CFR 59.22.
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[1] 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.
[1]
Editor's Note: See 16 U.S.C. 3501 et seq.
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.
Review submitted elevation certificates for completeness. (SB 64
Recommended Standard 6; Require use of FEMA elevation and floodproofing
certificates).
J.
Submit to FEMA data and information necessary to maintain flood hazard
maps, including hydrologic and hydraulic engineering analyses prepared
by or for the Town of Dewey Beach, corrections to labeling or planimetric
details, etc.
K.
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.
L.
Enforce the provisions of these regulations.
M.
Assist with and coordinate flood hazard map maintenance activities.
N.
Conduct determinations as to whether existing buildings and structures
damaged by any cause and located in special flood hazard areas have
been substantially damaged.
O.
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.
P.
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.
Q.
Notify the Federal Emergency Management Agency when the corporate
boundaries of the Town of Dewey Beach have been modified.
A.
It shall be unlawful for any person or entity 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 § 101-4, including but not limited to subdivision of land, filling, grading, or other site improvements and utility installations; construction, alteration, remodeling, improvement, replacement, reconstruction, repair, relocation, or expansion of any building or structure; placement or replacement of a manufactured home; recreational vehicles; installation or replacement of storage tanks; or alteration of any watercourse, until a permit is obtained from the Town of Dewey Beach. No such permit shall be issued until the requirements of these regulations have been met.
B.
Structures existing in any special flood hazard area prior to the
initial enactment of this chapter (June 18, 1982), but which are not
in conformance with these provisions, may continue to remain subject
to the following:
(1)
Within any VE zone existing buildings located seaward or channel
ward of the reach of mean high tide shall not be expanded or enlarged;
(2)
Any modification, alteration, addition, reconstruction, repair, or
improvement of any kind to an existing structure, the cost of which
equals or exceeds 50% of the market value, shall only be undertaken
in full compliance with the provisions of this chapter.
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 and accompanied by the appropriate filing and review fees in compliance with § 185-80 (Building permits; fee) and § 185-82 (Filing fees) of the Town Code.
A.
Application contents. At a minimum, applications shall include:
(1)
Site plans prepared by a registered professional land surveyor or
registered professional engineer and drawn to scale showing the nature,
location, dimensions, existing and proposed topography of the area
in question, the limits of any portion of the site that was previously
filled, and the location of existing and proposed structures, excavation,
filling, storage of materials, drainage facilities, and other proposed
activities. (SB 64 Recommended Standard 9; Shallow fill above BFE
does not exempt structure from regulation)
(2)
Elevation of the existing natural ground where structures are proposed
prepared by a registered professional land surveyor or registered
professional engineer, referenced to the datum on the Flood Insurance
Rate Map, and an elevation certificate that shows the ground elevation
and proposed building elevations (identified in Section C of the elevation
certificate as "Construction Drawings"). (SB 64 Recommended Standard
5; Floodplain information included on permit documentation) (SB 64
Recommended Standard 6; Require use of FEMA elevation and floodproofing
certificates)
(3)
Delineation of special flood hazard areas, floodway boundaries, flood zones, and base flood elevations prepared by a registered professional land surveyor or registered professional engineer. 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. If proposed, changes in the delineation of special flood hazard areas shall be submitted to and approved by FEMA in accordance with § 101-13B. 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. The applicant may submit analyses and studies that determine base flood elevations and delineate flood hazard areas. Analyses and studies shall be submitted to and approved by FEMA prior to recordation. (SB 64 Recommended Standard 3; Only FEMA-approved floodplain and BFE data shown on record plans and development documents)
(4)
For subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, and where base flood elevations are not shown on Flood Insurance Rate Maps, hydrologic and hydraulic engineering analyses and studies prepared by a registered professional land surveyor or registered professional engineer as required by § 101-19D. Analyses and studies shall be submitted to and approved by FEMA prior to recordation. [SB 64 Recommended Standard 2; Flood study required in Zone A (no BFE)]
(5)
For subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, and that are contiguous to streams with upstream watershed areas greater than one square mile and without FEMA-delineated special flood hazard areas, hydrologic and hydraulic engineering analyses prepared by a registered professional land surveyor or registered professional engineer as required by § 101-19E. (SB 64 Recommended Standard 1; Flood studies required in unmapped floodplains).
(6)
Elevation of the lowest floor, including basement, or elevation of
the bottom of the lowest horizontal structural member prepared by
a registered professional land surveyor or registered professional
engineer, as applicable to the flood zone, of all proposed structures,
referenced to the datum on the Flood Insurance Rate Maps.
(7)
Drawings, diagrams, or descriptions of the proposed foundation prepared
by a registered professional land surveyor or registered professional
engineer and in sufficient detail to demonstrate compliance with the
requirements of this chapter. (SB 64 Recommended Standard 5; Floodplain
information included on permit documentation)
(8)
Drawings, diagrams, or descriptions of the proposed location of service equipment and utilities prepared by a registered professional land surveyor or registered professional engineer and in sufficient detail to demonstrate compliance with the requirements of § 101-21D or E (SB 64 Recommended Standard 5; Floodplain information included on permit documentation)
(9)
Where the placement of fill is proposed, the amount, type, and source
of fill material; compaction specifications; a description of the
intended purpose of the area to be filled; and evidence that the proposed
fill is the minimum necessary to achieve the intended purpose; such
documentation shall be prepared by a registered professional land
surveyor or registered professional engineer. (SB 64 Recommended Standard
9; Shallow fill above BFE does not exempt structure from regulation)
(SB 64 Recommended Standard 14; Prohibit encroachments that would
cause more than 0.1 foot of rise without compensation)
(10)
Such other material and information as may be requested by the
Floodplain Administrator necessary to determine conformance with these
regulations.
(11)
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.
(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.
(12)
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 Certificate for dry floodproofed nonresidential structures, as required in § 101-28. (SB 64 Recommended Standard 6; Require use of FEMA elevation and floodproofing certificates)
(b)
Certification that flood openings that do not meet the minimum requirements of § 101-27B (3)(b) 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 § 101-33E.
(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 § 101-30C.
(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 § 101-30B.
B.
Right to submit new technical data.
(1)
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 boundaries, 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.
(2)
New technical data, including topography based on previous placement
of fill or proposed placement of fill to raise the ground level, shall
not be deemed to remove from the special flood hazard area any portion
of the filled area that is less than 18 inches above the base flood
elevation. (SB 64 Recommended Standard 9; Shallow fill above BFE does
not exempt structure from regulation)
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 the date
such information becomes available. The Floodplain Administrator has
the authority to require applicants to submit technical data to FEMA
for Letters of Map Change.
A.
Review. The Floodplain Administrator shall:
(1)
Review applications for development in special flood hazard areas
to determine the completeness of information submitted. The applicant
shall be notified of incompleteness or additional information required
to support the application.
(2)
Review applications for compliance with these regulations after all information required in § 101-13 or identified and required by the Floodplain Administrator has been received.
(3)
Review all permit applications to assure that all necessary permits
have been received from those federal, state or local governmental
agencies from which prior approval is required. The applicant shall
be responsible for obtaining such permits, including but not limited
to:
B.
Approval or disapproval. The Floodplain Administrator shall approve
applications that comply with the applicable requirements of these
regulations. The Floodplain Administrator shall disapprove applications
for proposed development that does not comply with the applicable
provisions of these regulations and shall notify the applicant of
such disapproval, in writing, stating the reasons for disapproval.
C.
Expiration of permit. A permit is valid provided the actual start
of construction occurs within 180 days of the date of permit issuance.
If the actual start of construction is not within 180 days of the
date of permit issuance, requests for extensions shall be submitted
in writing. Upon reviewing the request and the permit for continued
compliance with these regulations, the Floodplain Administrator may
grant, in writing, up to a maximum of three extensions of time, for
periods not more than 180 days each.
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 crawlspaces, 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.
The following certifications are required to be submitted by
the permittee for development that is permitted in special flood hazard
areas prior to the foundation inspection and prior issuance of a certificate
of occupancy:
A.
For new or substantially improved residential structures or nonresidential
structures that have been elevated, the applicant shall:
(1)
As part of the foundation inspection and placement the lowest floor,
and prior to further vertical construction, submit an elevation certificate
that shows the ground elevation and floor elevation (identified in
Section C of the elevation certificate as "Building Under Construction").
(SB 64 Recommended Standard 6; Require use of FEMA elevation and floodproofing
certificates)
(2)
Prior to Issuance of the certificate of occupancy, submit an elevation
certificated (identified in Section C of the elevation certificate
as "Finished Construction"). (SB 64 Recommended Standard 6; Require
use of FEMA elevation and floodproofing certificates).
B.
For nonresidential structures that have been dry floodproofed, a
floodproofing certificate based on "Finished Construction" (identified
in Section II).
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 with the approval of the Floodplain Administrator.
When a Preliminary Flood Insurance Rate Map has been provided by FEMA
to identify base flood elevations where such elevations where not
previously shown, the base flood elevations on the Preliminary Flood
Insurance Rate Map shall be used. (SB 64 Recommended Standard 4; Accepted
BFE used in building permit application)
B.
Special flood hazard area delineations, base flood elevations, and
floodway boundaries on FEMA maps and in FEMA studies shall take precedence
over delineations, base flood elevations, and floodway boundaries
by any other source that reflect a reduced special flood hazard area,
reduced floodway width and/or lower base flood elevations, unless,
with the approval of the Floodplain Administrator, such data are submitted
to and approved by FEMA. (SB 64 Recommended Standard 4; Accepted BFE
used in building permit application)
C.
Other sources of data shall be reasonably used, with the approval
of the Floodplain Administrator, if they show increased base flood
elevations and/or larger floodway areas than are shown on FEMA flood
maps and studies and if such data are submitted to and approved by
FEMA. (SB 64 Recommended Standard 4; Accepted BFE used in building
permit application)
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 special flood hazard area.
