The Building Official is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator. The Floodplain Administrator is authorized to:
Fulfill the duties and responsibilities set forth in these regulations;
Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or
Enter into a written agreement or written contract with another jurisdiction or agency, or private sector entity to administer specific provisions of these regulations.
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. In the event the Building Official is unable to perform any duties of the Floodplain Administrator, the Town Manager shall fulfill any duties set forth until such time as the Building Official becomes available.
The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
Review applications for permits to determine whether proposed activities will be located in special flood hazard areas.
Interpret floodplain boundaries and provide flood elevation and flood hazard information.
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.
Review applications to determine whether proposed activities will be reasonably safe from flooding.
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.
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.
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.
Inspect buildings and lands to determine compliance with these regulations or to determine if noncompliance has occurred or violations have been committed.
Review submitted elevation certificates for completeness.
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 Fenwick Island, corrections to labeling or planimetric details, etc.
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.
Enforce the provisions of these regulations.
Assist with and coordinate flood hazard map maintenance activities.
Conduct determinations as to whether existing buildings and structures damaged by any cause and located in special flood hazard areas have been substantially damaged.
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.
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.
Notify the Federal Emergency Management Agency when the corporate boundaries of the Town of Fenwick Island have been modified.
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 § 88-4, 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 of recreational vehicles; installation or replacement of storage tanks; or alteration of any watercourse, until a permit is obtained from the Town of Fenwick Island. 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.
Application contents. At a minimum, applications shall include:
Site plans drawn to scale which must be signed and sealed by a land surveyor, engineer or architect authorized by law to certify elevation information 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.
Elevation of the existing natural ground where structures are proposed, 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"). Elevation certificates must be signed and sealed by a land surveyor, engineer or architect authorized by law to certify elevation information.
Delineation of special flood hazard areas, floodway boundaries, flood zones, base flood elevations, and Limit of Moderate Wave Action. 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 Subsection B. 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.
Elevation of the lowest floor, including basement, or elevation of the bottom of the lowest horizontal structural member, as applicable to the flood zone, of all proposed structures, referenced to the datum on the Flood Insurance Rate Maps.
Drawings, diagrams, or descriptions of the proposed foundation in sufficient detail to demonstrate compliance with the requirements of this chapter.
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 other material and information as may be requested by the Floodplain Administrator necessary to determine conformance with these regulations.
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:
Documentation of the market value of the structure before the improvement is started or before the damage occurred.
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.
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:
Floodproofing certificate for dry floodproofed nonresidential structures, as required in § 88-27.
Certification that flood openings that do not meet the minimum requirements of § 88-26B(3)(b) are designed to automatically equalize hydrostatic flood forces.
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 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.
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 at or above the base flood elevation.
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.
Review. The Floodplain Administrator shall:
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.
Review applications for compliance with these regulations after all information required in § 88-13 or identified and required by the Floodplain Administrator has been received.
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:
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.
Expiration of permit.
Any permit issued hereunder shall be valid for a period of 15 months from the date such permit is granted; provided, however, that construction has commenced within 30 days from the date of issuance and has continued unabated except for delays caused by acts of God (catastrophic acts beyond the control of the permit holder). Any such delays shall be documented and submitted to the Building Official and Town Manager for consideration of extension of the permit.
Renewal of permits.
Any permit originally issued for 15 months as stated in § 88-14C(1) above may be renewed upon the payment of a renewal fee in the amount of 100% of the original permit fee for an additional period not to exceed six months upon the approval of the Building Official.
The Building Official and Town Manager shall monitor the progress of the work during this six-month renewal period to determine if the permit holder has proceeded in good faith and with due diligence.
Any extension of the permit beyond this six-month renewal period must be approved or denied by a resolution of Town Council, which may consider recommendations from the Building Official and Town Manager, including the results of the monitoring established in § 88-14C(2)(b) above. No additional extension or renewal will be granted unless all exterior work on a structure is complete, including but not limited to, installation/construction of roof shingles, all walls, windows, siding, doors, decks and stairs.
If an extension or renewal is granted by the Town Council pursuant to § 88-14C(2)(c) above:
The permit holder shall supply and adhere to a schedule of completion as presented to and approved by the Town Council.
The permit fee for any such additional extension or renewal granted by the Town Council shall continue to be 100% of the original permit fee and such extension or renewal shall be valid for a time period determined by Town Council in its sole discretion.
Violations of the above conditions will result in the imposition of a civil penalty in the amount of $100 per day for each day that the violation continues, which shall be assessed in addition to any other fine or penalty provided for elsewhere in this chapter. Such penalties shall be considered civil penalties and any action brought for the recovery of the penalties, together with all costs and reasonable attorneys' fees incurred by the Town, shall be brought in any civil court of competent jurisdiction.
Delays; time extensions. Any delays caused by an act of God during the renewal period/periods described above shall be documented and presented to Town Council for consideration in connection with any request for a time extension.
Effect of failure to comply with time limits for construction completion. Upon failure of a construction project to be completed in accordance with the time limits established in this chapter, the following penalties will apply to the permit holder and/or property owner:
In the case of all permits, including but not limited to renewed or extended permits, a civil penalty in the amount of $100 per day, beginning on the day following the latest expiration date on the permit, shall be imposed. Such penalties shall be considered civil penalties and any action brought for the recovery of the penalties, together with all costs and reasonable attorneys' fees incurred by the Town, shall be brought in any civil court of competent jurisdiction.
In the case of incomplete projects where no application for renewal or extension is submitted and/or approved, a civil penalty in the amount of $100 per day, beginning on the day following the latest expiration date on the permit, shall be imposed. Such penalties shall be considered civil penalties and any action brought for the recovery of the penalties, together with all costs and reasonable attorneys' fees incurred by the Town, shall be brought in any civil court of competent jurisdiction.
In the case of incomplete projects where no application for renewal or extension is submitted and/or approved, the Town Council may further institute appropriate legal and/or equitable proceedings to abate and require the removal of the incomplete project. In this event, the Town Council shall be entitled to collect from the offending party or parties the Town's reasonable attorney's fees, legal costs and other necessary expenses, including but not limited to expert witness fees, if any.
Appeals of the interpretation of this chapter must be made to the Town Council. The decision of the Town Council shall be final.
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:
Stake-out inspection, to determine location on the site relative to the special flood hazard area and floodway.
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.
Enclosure inspection, including crawlspaces, to determine compliance with applicable provisions.
Utility inspection, upon installation of specified equipment and appliances, to determine appropriate location with respect to the base flood elevation.
Storage of materials.
The following certifications are required to be submitted by the applicant for development that is permitted in special flood hazard areas prior to the foundation inspection and prior to issuance of a certificate of occupancy:
For new or substantially improved residential structures or nonresidential structures that have been elevated, the applicant shall:
As part of the foundation inspection, upon placement of 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").
Prior to issuance of the certificate of occupancy, submit an elevation certificate (identified in Section C of the elevation certificate as "finished construction").
For nonresidential structures that have been dry floodproofed, a floodproofing certificate based on "finished construction" (identified in Section II of the floodproofing certificate).