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Town of Dewey Beach, DE
Sussex County
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Table of Contents
Table of Contents
The general requirements of this article apply to all development proposed within special flood hazard areas identified in § 101-4.
A. 
All subdivision and development proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations.
B. 
All subdivision and development proposals shall have utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
C. 
All subdivision and developments proposals shall have adequate drainage provided to reduce exposure to flood damage.
D. 
All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in FEMA-delineated special flood hazard areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway delineations. 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.
E. 
All subdivisions proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, that are contiguous to streams with upstream watershed areas greater than one square mile and without FEMA-delineated special flood hazard areas, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations. The analyses shall be prepared by a licensed professional engineer in accordance with FEMA flood study criteria. (SB 64 Recommended Standard 1; Flood studies required in unmapped floodplains)
F. 
Except in special flood hazards areas prone to flooding from coastal sources, each lot in major subdivisions, as defined by the community, shall have sufficient buildable area for planned buildings to be located outside of the special flood hazard area. Portions of lots not identified for planned buildings may be located in special flood hazard areas. In such major subdivisions, only water-dependent structures such as docks, boat launches, boat ramps, and boat storage buildings shall be permitted in special flood hazard areas. (SB 64 Recommended Standard 13; Prohibit new non-water dependant structures in newly subdivided floodplain)
A. 
New and replacement water supply systems shall be designed in accordance with County requirements and to minimize or eliminate infiltration of floodwaters into the systems.
B. 
New and replacement sanitary sewage systems shall be designed in accordance with county requirements and to minimize or eliminate infiltration of floodwaters into systems and discharges from systems into floodwaters.
C. 
On-site waste disposal systems are not permitted in Dewey Beach unless approved by the Town Commissioners as a special exception and approved by the Floodplain Administrator. If approved, any on-site waste disposal system shall be located to avoid impairment to or contamination from them during conditions of flooding.
All new construction of buildings and structures, including placement of manufactured homes and substantial improvements to existing buildings and structures, that are to be located, in whole or in part, in special flood hazard areas, and buildings and structures to be located on previously filled areas where the filled ground surface is less than 18 inches above the base flood elevation, shall meet the following requirements. (SB 64 Recommended Standard 9; Shallow fill above BFE does not exempt structure from regulation)
A. 
Be designed (or modified) and constructed to safely resist flood loads. The construction shall provide a complete load path capable of transferring all loads from their point of origin through the load-resisting elements to the foundation. Buildings and structures shall be designed, connected and anchored to resist flotation, collapse or permanent lateral movement due to structural loads and stresses from flooding equal to the design flood elevation, including hydrodynamic and hydrostatic loads and the effects of buoyancy.
B. 
Be constructed by methods and practices that minimize flood damage.
C. 
Use flood damage-resistant materials below the elevation of the lowest floor. See FEMA Technical Bulletin No. 2, Flood Damage-Resistant Materials Requirements and FEMA Technical Bulletin No. 8, Corrosion Protection for Metal Connectors in Coastal Areas.
D. 
Have electrical systems, equipment and components, and heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment located at or above the elevation of the lowest floor. Electrical wiring systems are permitted to be located below the elevation of the lowest floor provided they conform to the provisions of the electrical part of this code for wet locations. If replaced as part of a substantial improvement, electrical systems, equipment and components, and heating, ventilation, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment shall meet the requirements of this section. See FEMA Technical Bulletin No. 4, Elevator Installation.
E. 
As an alternative to Subsection D, electrical systems, equipment and components, and heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment are permitted to be located below the elevation of the lowest floor provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of the base flood.
F. 
In special flood hazard areas other than coastal high-hazard areas (Zones A, AE, and AO) and previously-filled areas where the filled ground surface is less than 18 inches above the base flood elevation, meet the specific requirements of Article V. (SB 64 Recommended Standard 9; Shallow fill above BFE does not exempt structure from regulation)
G. 
In all coastal high-hazard areas (Zone VE), meet the specific requirements of Article VI.
H. 
In a special flood hazard area with more than one designation (Zones A, AE, and AO, floodway, Zones VE), meet the requirements of the most restrictive designation.
A. 
Disposal of fill, including but not limited to rubble, construction debris, woody debris, and trash, shall not be permitted in special flood hazard areas.
B. 
Where permitted by Article V (Zones A, AE, and AO), fill placed for the purpose of raising the ground level and to support a building or structure shall meet the following requirements:
(1) 
Extend laterally from the building footprint to provide for adequate access, as a function of use; the Floodplain Administrator may seek advice from the State Fire Marshal's Office and/or the local fire services agency.
(2) 
Placed and compacted to provide for stability under conditions of rising and falling floodwaters and resistance to erosion, scour, and settling.
(3) 
Consist of soil or rock materials only.
(4) 
Sloped no steeper than one vertical on two horizontal, unless approved by the Floodplain Administrator.
(5) 
Designed with provisions for adequate drainage and no adverse effect on adjacent properties.
C. 
Fill placed for a purpose other than to support a building or structure shall meet the requirements of Subsection B(2) through (5).
Repair, alteration, or rehabilitation of historic structures shall be subject to the requirements of these regulations unless a determination is made that compliance with these regulations will preclude the structure's continued designation as an historic structure and a variance is granted in accordance with Article VII and such variance is the minimum necessary to preserve the historic character and design of the structure.
A. 
Recreational vehicles in special flood hazard areas shall be fully licensed and ready for highway use, and shall be placed on a site for less than 180 consecutive days.
B. 
Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of § 101-27C for manufactured homes or § 101-33D, applicable.
A. 
Underground tanks in special flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the base flood.
B. 
Above-ground tanks in special flood hazard areas shall be elevated and anchored to or above the base flood elevation plus 12 inches or shall be anchored at-grade and designed and constructed to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. [SB 64 Recommended Standard 7A; Require 12 inches of freeboard (height above minimum elevation)]
C. 
In special flood hazard areas, tank inlets, fill openings, outlets and vents shall be:
(1) 
At or above the base flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the base flood.
(2) 
Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood.