The Federal Emergency Management Agency (FEMA) has identified special
flood hazard areas within the boundaries of the Town of South Bethany.
Special flood hazard areas are subject to periodic inundation which
may result in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the
tax base, all of which adversely affect the public health, safety
and general welfare. Development that is inadequately elevated, improperly
floodproofed, or otherwise unprotected from flood damage also contributes
to the flood loss.
The Town of South Bethany agreed to meet the requirements of the
National Flood Insurance Program and was accepted for participation
in the program on October 6, 1976. Subsequent to that date or the
initial effective date of the Town of South Bethany Flood Insurance
Rate Map, all development, new construction, and substantial improvements,
as defined herein, are to be compliant with the Town of South Bethany's
floodplain management regulations in effect at the time of construction,
and all development, new construction, and substantial improvements
subsequent to the effective date of these regulations shall be compliant
with these regulations.
Reduce financial burdens imposed on the community, its governmental
units and its residents, by discouraging unwise design and construction
of development in areas subject to flooding;
Areas to which these regulations apply. These regulations shall apply to all special flood hazard areas within the jurisdiction of the Town of South Bethany, as identified in § 145-44D.
Basis for establishing special flood hazard areas. For the purposes
of these regulations, the following are adopted by reference as a
part of these regulations and serve as the basis for establishing
special flood hazard areas:
The FEMA Flood Insurance Study for Sussex County, Delaware, and Incorporated
Areas dated March 16, 2015, and all subsequent amendments and/or the
most recent revision thereof.
The FEMA Flood Insurance Rate Map for Sussex County, Delaware, and
Incorporated Areas dated March 16, 2015, and all subsequent amendments
and/or the most recent revision thereof.
Other hydrologic and hydraulic engineering studies and/or maps prepared
pursuant to these regulations or for other purposes, and which establish
base flood elevations, delineate one-hundred-year floodplains, floodways
or other areas of special flood hazard.
The Town of South Bethany may identify and regulate new local flood
hazard or ponding areas. These areas should be delineated and adopted
on a "Local Flood Hazard Map" using best available topographic data
and locally derived information such as flood of record, historic
high water marks or approximate study methodologies.
Where field surveyed topography indicates that ground elevations
are below the closest applicable base flood elevation, even in areas
not delineated as a special flood hazard area on a flood hazard map,
the area shall be considered as special flood hazard area.
Abrogation and greater restrictions. Except as otherwise specified
herein, these regulations are not intended to repeal or abrogate any
existing ordinances including subdivision regulations, zoning ordinances
or building codes. In the event of a conflict between these regulations
and any other ordinance, the more restrictive shall govern. These
regulations shall not impair any deed restriction, covenant or easement,
but the land subject to such interests shall also be governed by these
regulations.
Where a provision of these regulations may be in conflict with a
state or federal law, such state or federal law shall take precedence,
where more restrictive.
Warning and disclaimer of liability. The degree of flood protection
required by these regulations is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood heights
may be increased by man-made or natural causes. These regulations
do not imply that land outside of the special flood hazard areas or
uses that are permitted within such areas will be free from flooding
or flood damage. These regulations shall not create liability on the
part of the Town of South Bethany, any officer or employee thereof,
or the Federal Emergency Management Agency, for any flood damage that
results from reliance on these regulations or any administrative decision
lawfully made hereunder.
Severability. Should any section or provision of these regulations
be declared by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of the regulations as a whole,
or any part thereof other than the part so declared to be unconstitutional
or invalid.
For the purpose of interpreting Article XIV, Coastal Floodplain Regulations, certain terms used herein are as defined in § 145-3.
Designation of the Floodplain Administrator. The Town of South Bethany
Code Enforcement Constable 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. Administration of
any part of these regulations by another entity shall not relieve
the Town of South Bethany 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.
Duties and responsibilities of the Floodplain Administrator. The
duties and responsibilities of the Floodplain Administrator shall
include but are not limited to:
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 all necessary permits have
been obtained from those federal, state or local agencies from which
prior or concurrent approval is required.
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.
Provide FEMA data and information necessary to maintain flood hazard
maps, including engineering analyses prepared by or for the Town of
South Bethany, and 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.
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.
Permits required. It shall be unlawful for any person or entity to start construction or other development which is wholly within, partially within, or in contact with any identified special flood hazard area, as established in § 145-44D, 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 South Bethany. No such permit shall be issued until the requirements of these regulations have been met.
Application required. Application for a permit shall be made by the
owner of the property or his/her authorized agent herein referred
to as the applicant. The application shall be on a form furnished
for that purpose.
Site plans 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.
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. Proposed changes in the delineation of special flood hazard areas shall be submitted to and approved by FEMA in accordance with § 145-46D(2). 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 location of service equipment and utilities in sufficient detail to demonstrate compliance with the requirements of § 145-47D(4) or (5).
Where the placement of structural fill is proposed, the amount
and type; 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 is required as determined by the Floodplain Administrator.
Certifications and/or technical analyses prepared or conducted
by a registered professional engineer or architect as appropriate
to the type of development activity proposed and required by these
regulations:
Certification that flood openings that do not meet the minimum requirements of § 145-48B(2)(c)[2] are designed to automatically equalize hydrostatic flood forces.
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 § 145-49C(5).
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.
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 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 § 145-46D 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:
Permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Delaware Environmental Protection Agency under Section 401 of the Clean Water Act.
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 do 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. A permit shall expire if the actual start of
construction does not occur 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, a request for an extension 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, one extension of time, for a period of not
more than 180 days.
Inspections. 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:
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.
Utility inspection, upon installation of specified equipment and
appliances, to determine appropriate location with respect to the
base flood elevation.
Submissions required prior to issuance of a certificate of compliance/occupancy.
The following certificates are required to be submitted by the applicant
for development that is permitted in special flood hazard areas prior
to the issuance of a certificate of compliance/occupancy:
For new or substantially improved structures, and for structures that have been elevated, an Elevation Certificate based on "Finished Construction" (identified in Section C, Building Elevation Information, of the Elevation Certificate). Exception: Detached accessory structures that meet the requirements of § 145-48D.
For nonresidential structures that have been dry floodproofed, a
Floodproofing Certificate based on "Finished Construction" (identified
in Section II, Floodproofing Information, of the Floodproofing Certificate).
Flood Insurance Rate Map use and interpretation. 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:
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.
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.
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.
Application of requirements. The general requirements of this section apply to all development proposed within special flood hazard areas identified in § 145-44D.
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.
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.
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into systems and
discharges from systems into floodwaters.
Buildings and structures. 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, shall meet the following
requirements.
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 base flood elevation, including hydrodynamic and hydrostatic
loads and the effects of buoyancy.
Use flood-damage-resistant materials below the elevation of the lowest
floor. See FEMA Technical Bulletin #2, Flood Damage-Resistant Materials
Requirements, and FEMA Technical Bulletin #8, Corrosion Protection
for Metal Connectors in Coastal Areas.
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 base
flood elevation. Electrical wiring systems are permitted to be located
below the base flood elevation 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
#4, Elevator Installation.
As an alternative to § 145-47D(4), 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 base flood elevation 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.
In a special flood hazard area with more than one designation (Zones
A, AE, and AO, Zones VE), meet the requirements of the most restrictive
designation.
Disposal of fill, including but not limited to rubble, construction
debris, woody debris, and trash, shall not be permitted in special
flood hazard areas.
Where permitted by § 145-48 (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:
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.
Historic structures. 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 a historic structure and a variance is granted in accordance with § 145-61 and such variance is the minimum necessary to preserve the historic character and design of the structure.
Recreational vehicles. Recreational vehicles in special flood hazard
areas shall be fully licensed and ready for highway use, and are permitted
to be stored on private property.
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.
Above-ground tanks in special flood hazard areas shall be elevated
and anchored to or above the base flood elevation 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.
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.
Anchored to prevent lateral movement resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy during conditions
of the base flood.
On-ground decks, walkways, and landscape timbers located below the
base flood elevation shall be anchored to prevent flotation and/or
lateral displacement.
All outside propane or heating oil fuel tanks over four gallons (twenty-pound capacity as used for barbeque grills), shall be anchored as described in § 145-47H.
General requirements. In addition to the general requirements of § 145-47, the requirements of this section apply to all development proposed in special flood hazard areas other than coastal high hazard areas. These areas include Zones A, AE, and AO.
In areas of shallow flooding (Zone AO), the lowest floor (including
basement) shall be elevated at least as high above the highest adjacent
grade as the depth number specified in feet on the Flood Insurance
Rate Map, or at least two feet if a depth number is not specified;
adequate drainage paths shall be provided to guide floodwaters around
and away from the structure.
Enclosures below the lowest floor shall be constructed using
flood-damage-resistant materials. See FEMA Technical Bulletin #2,
Flood Damage-Resistant Materials Requirements.
Enclosures below the lowest floor (including crawlspaces) shall
be provided with flood openings which shall meet the following criteria
(see FEMA Technical Bulletin #1, Openings in Foundation Walls and
Walls of Enclosures):
There shall be a minimum of two openings on different sides
of each enclosed area; if a building has more than one enclosed area
below the design flood elevation, each area shall have openings on
exterior walls.
The total net area of all openings shall be at least one square
inch for each square foot of enclosed area, or the openings shall
be designed and certified by a registered professional engineer or
architect to provide for equalization of hydrostatic flood forces
on exterior walls by allowing for the automatic entry and exit of
floodwaters.
Where installed in doors and windows, openings that meet requirements of § 145-48B(2)(c)[1] through [4] are acceptable; however, doors and windows without installed openings do not meet the requirements of this section.
Crawlspaces shall have the finished interior ground level equal
to or higher than the outside finished ground level on at least one
entire side of the foundation wall.
Be elevated on a permanent, reinforced foundation that raises the lowest floor to or above the base flood elevation and is otherwise in accordance with § 145-48B(1).
Be installed in accordance with the anchor and tie-down requirements
of the building code or the manufacturer's written installation instructions
and specifications.
For the purpose of this requirement, the lowest floor of a manufactured
home is the bottom of the lowest horizontal supporting member of the
lowest floor.
The lowest floor (including basement) shall be elevated to or above the base flood elevation or the structure shall be dry floodproofed in accordance with § 145-48C(2).
In areas of shallow flooding (Zone AO), if not dry floodproofed,
the lowest floor (including basement) shall be elevated at least as
high above the highest adjacent grade as the depth number specified
in feet on the Flood Insurance Rate Map, or at least two feet if a
depth number is not specified; adequate drainage paths shall be provided
to guide floodwaters around and away from the structure.
Be designed to be dry floodproofed such that the structure is
watertight with walls and floors substantially impermeable to the
passage of water to the level of the base flood elevation. In areas
of shallow flooding (Zone AO), the structure shall be dry floodproofed
at least as high above the highest adjacent grade as the depth number
specified in feet on the Flood Insurance Rate Map, or at least two
feet if a depth number is not specified.
Be certified by a registered professional engineer or architect
with a floodproofing certificate that the design and methods of construction
meet the requirements of this section. Refer to FEMA Technical Bulletin
#3, Non-Residential Floodproofing — Requirements and Certification
for guidance.
Accessory structures. Accessory structures shall meet the requirements
of these regulations. Accessory structures that have a footprint of
no more than 200 square feet may be allowed without requiring elevation
or floodproofing provided such structures meet all of the following
requirements:
General requirements. In addition to the general requirements of § 145-47, the requirements of this section apply to all development proposed in coastal high hazard areas, also referred to collectively as "Zone V."
Generally, any reduction in the dimensions of dunes increases the
potential for flood damage. Site preparations shall not alter sand
dunes unless an engineering analysis demonstrates that the potential
for flood damage is not increased.
Buildings and structures shall be supported on pilings or columns
and shall be adequately anchored to such pilings or columns. Piling
shall have adequate soil penetrations to resist the combined wave
and wind loads (lateral and uplift). Water loading values used shall
be those associated with the base flood. Wind loading values shall
be those required by applicable building codes. Pile embedment shall
include consideration of decreased resistance capacity caused by scour
of soil strata surrounding the piling.
Slabs, pools, pool decks and walkways shall be located and constructed
to be structurally independent of buildings and structures and their
foundations to prevent transfer of flood loads to the buildings and
structures during conditions of flooding, scour or erosion from wave-velocity
flow conditions, and shall be designed to minimize debris impacts
to adjacent properties and public infrastructure.
The bottom of the lowest horizontal structural member supporting
the lowest floor (excluding the pilings, pile caps, columns, grade
beams, and bracing), shall be located at or above the base flood elevation.
The space below the lowest floor shall either be free of obstruction or, if enclosed by walls, shall meet the requirements of § 145-49C(3). See FEMA Technical Bulletin #5, Free of Obstruction Requirements.
Walls and partitions are permitted below the elevated floor,
provided that such walls and partitions are designed to break away
under flood loads and are not part of the structural support of the
building or structure. See FEMA Technical Bulletin #9, Design and
Construction Guidance for Breakaway Walls.
Electrical, mechanical, and plumbing system components shall
not be mounted on or penetrate through walls that are designed to
break away under flood loads.
Walls intended to break away under flood loads shall be constructed
with insect screening or open lattice, or shall be designed to break
away or collapse without causing collapse, displacement or other structural
damage to the elevated portion of the building or supporting foundation
system. Such walls, framing and connections shall have a design safe
loading resistance of not less than 10 pounds per square foot and
no more than 20 pounds per square foot; or
Where wind loading values of the local building requirements
exceed 20 pounds per square foot, the applicant shall submit a certification
prepared and sealed by a registered professional engineer or architect
that:
The walls and partitions below the lowest floor have been designed
to collapse from a water load less than that which would occur during
the base flood.
The elevated portion of the building and supporting foundation
system have been designed to withstand the effects of wind and flood
loads acting simultaneously on all building components (structural
and nonstructural). Water loading values used shall be those associated
with the base flood; wind loading values used shall be those required
by the local building requirements.
Meet the elevation requirements of § 145-49C(2), provided the bottom of the lowest horizontal structural member is at or above the base flood elevation.
Be installed in accordance with the anchor and tie-down requirements
of the building code or the manufacturer's written installation instructions
and specifications.
Certification of design. The applicant shall include in the application
a certification prepared by a registered professional engineer or
architect that the design and methods of construction to be used meet
the applicable criteria of these regulations.
New construction and substantial improvements. All new construction and substantial improvements for all lots east of Ocean Drive, within the VE Zone, shall have the space below the lowest floor free of obstruction. All stairs, ramps and walkways, other than a primary access as defined in § 145-37A(2), for access are permissible below the lowest floor but shall be constructed in a manner to be removable or raised up during the off season and/or pending inclement weather conditions.
Accessory structures. Any accessory structures that have the lowest
horizontal structural member below the current base flood elevation
(BFE) shall not be rebuilt, replaced or restored if it is substantially
damaged more than 50%, as determined by the Code Enforcement Constable
or Town Manager.