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.
(f) 
Hydrologic and hydraulic engineering analyses of any development proposed to be located in an identified floodway, as required by § 101-30A.
(g) 
Hydrologic and hydraulic engineering analyses to develop base flood elevations for subdivisions and large-lot developments, as required by § 101-19D or otherwise required by the Floodplain Administrator.
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:
(a) 
Permits issued by the United States Army Corps of Engineers under Section 10 of the Rivers and Harbors Act[1] and Section 404 of the Clean Water Act,[2] and the Delaware Environmental Protection Agency under Section 401 of the Clean Water Act.
[1]
Editor's Note: See 33 U.S.C. § 403.
[2]
Editor's Note: See 33 U.S.C. § 1251 et seq.
(b) 
Permits required by the State of Delaware.
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).
C. 
For all development activities subject to the requirements of § 101-13B, a Letter of Map Revision shall be provided.
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.