[Added 1-20-2015 by Ord. No. 2384]
A. Findings. The Federal Emergency Management Agency (FEMA) has identified special flood hazard areas within the boundaries of Sussex County. 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. Sussex County, by ordinance, 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 Sussex County Flood Insurance Rate Map, all development and new construction, as defined herein, are to be compliant with the requirements of the Sussex County floodplain management regulations in effect at the time of permit issuance, and all development, new construction and substantial improvements subsequent to the effective date of §§
115-141.1 through 115:141.11 shall be compliant with §§
115-141.1 through 115:141.11.
B. Statement of purpose. It is the purpose
of these regulations to promote the public health, safety and general
welfare, and to:
(1)
Protect human life, health and welfare;
(2)
Encourage the utilization of appropriate
construction practices in order to prevent or minimize flood damage
in the future;
(3)
Minimize flooding of water supply
and sanitary sewage disposal systems;
(4)
Maintain natural drainage;
(5)
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;
(6)
Minimize the need for rescue and
relief efforts associated with flooding and generally undertaken at
the expense of the general public;
(7)
Minimize prolonged business interruptions;
(8)
Minimize damage to public facilities
and other utilities such as water and gas mains, electric, telephone
and sewer lines, streets and bridges;
(9)
Reinforce that those who build in
and occupy special flood hazard areas should assume responsibility
for their actions;
(10)
Minimize the impact of development
on adjacent properties within and near flood-prone areas;
(11)
Provide that the flood storage and
conveyance functions of the floodplain are maintained;
(12)
Minimize the impact of development
on the natural and beneficial functions of the floodplain;
(13)
Prevent floodplain uses that are
either hazardous or environmentally incompatible; and
(14)
Meet community participation requirements
of the National Flood Insurance Program as set forth in the Code of
Federal Regulations at 44 CFR 59.22, as may be amended.
C. Areas to which these regulations apply. These regulations shall apply to all special flood hazard areas within the jurisdiction of Sussex County, as identified in §
115-141.1D, below.
D. Basis for establishing special flood hazard
areas.
(1)
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:
(a)
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.
(b)
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.
(c)
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.
(d)
Sussex County 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.
(e)
Where field surveyed topography indicates
that ground elevations are below the closest applicable base flood
elevation, even in such areas not delineated as a special flood hazard
area on a flood hazard map, the area shall be considered as a special
flood hazard area.
(2)
Maps and studies that establish special
flood hazard areas are on file at Office of Planning and Zoning in
the Sussex County Administration Building.
E. Abrogation and greater restrictions. These
regulations are not intended to repeal or abrogate any existing ordinances,
including subdivision regulations or zoning ordinances. In the event
of a conflict between these regulations and any other zoning or subdivision
ordinance or building code, 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.
F. Interpretation. In the interpretation and
application of these regulations, all provisions shall be:
(1)
Considered as minimum requirements;
(2)
Liberally construed in favor of the
governing body;
(3)
Deemed neither to limit nor repeal
any other powers granted under state statutes; and
(4)
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.
G. 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 Sussex County, any elected or appointed
official, director 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 thereunder.
H. 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 these regulations
as a whole, or any part thereof other than the part so declared unconstitutional
or invalid.
[Added 1-20-2015 by Ord. No. 2384]
Unless specifically defined below
for purposes of this article, words or phrases used in this article
shall be interpreted so as to give them the meaning they have in common
usage and to give those Code provisions the most reasonable application.
ACCESSORY STRUCTURE
A structure on the same lot with, and of a nature customarily
incidental and subordinate to, the principal structure.
AREA OF SHALLOW FLOODING
A designated Zone AO on a community's Flood Insurance Rate
Map with a one-percent annual chance or greater of flooding to an
average depth of one to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable, and where
velocity flow may be evident. Such flooding is characterized by ponding
or sheet flow.
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year; the base flood also is referred to as
the one-hundred-year flood (or the one-percent-annual-chance flood).
BASE FLOOD DISCHARGE
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
BASE FLOOD ELEVATION
The water surface elevation of the base flood in relation
to the datum specified on the community's Flood Insurance Rate Map.
In areas of shallow flooding, the base flood elevation is the natural
grade elevation plus the depth number specified in feet on the Flood
Insurance Rate Map, or at least two feet if the depth number is not
specified.
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
BREAKAWAY WALL
A wall that is designed and certified by a design professional
registered in the State of Delaware that is not part of the structural
support of the building and is intended through its design and construction
to collapse under specific lateral loading forces, without causing
damage to the elevated portion of the building or supporting foundation
system.
COASTAL HIGH-HAZARD AREA
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high velocity wave action from storms. Coastal
high-hazard areas also are referred to as "Zone V" or "V Zones" and
are designated on FIRMs as flood insurance risk Zone VE.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, placement
of manufactured homes, mining, dredging, filling, grading, paving,
excavation or drilling operations or storage of equipment or materials.
DRY FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
ELEVATION CERTIFICATE
The National Flood Insurance Program, Elevation Certificate
(FEMA Form 086-0-33 or as may be amended), used to document building
elevations and other information about buildings. When required to
be certified, the form shall be completed by a professional land surveyor
licensed in the State of Delaware.
ENCLOSURE BELOW THE LOWEST FLOOR
An unfinished or flood-resistant enclosure usable solely
for parking of vehicles, building access, or storage, in an area other
than a basement.
FEMA TECHNICAL BULLETIN (or TB)
A series of guidance documents published by FEMA to provide
guidance concerning building performance standards of the National
Flood Insurance Program. Specific technical bulletins are identified
throughout this article; the most recent revision to any technical
bulletin shall be used wherever identified in this article.
FLOOD-DAMAGE-RESISTANT MATERIALS
Any construction material capable of withstanding direct
and prolonged contact with floodwaters without sustaining any damage
that requires more than cosmetic repair. See FEMA Technical Bulletin
#2, Flood Damage-Resistant Materials Requirements, and FEMA Technical
Bulletin #8, Corrosion Protection for Metal Connectors in Coastal
Areas.
FLOOD INSURANCE RATE MAP (FIRM)
An official map on which the Federal Emergency Management
Agency has delineated special flood hazard areas to indicate the magnitude
and nature of flood hazards, and to designate applicable flood zones.
A.
ZONE ASpecial flood hazard areas inundated by the one-percent annual chance flood; base flood elevations are not determined.
B.
ZONE AESpecial flood hazard areas subject to inundation by the one-percent annual chance flood; base flood elevations are determined; floodways may or may not be determined.
C.
ZONE AOAreas of shallow flooding, with or without a designated average flood depth.
D.
ZONE X (SHADED)Areas subject to inundation by the five-hundred-year flood (0.2% annual chance); areas subject to the one-percent annual chance flood with average depths of less than one foot or with contributing drainage area less than one square mile; and areas protected by levees from the base flood.
E.
ZONE X (UNSHADED)Areas determined to be outside the one-percent annual chance flood and outside the five-hundred-year floodplain.
F.
ZONE VESpecial flood hazard areas subject to inundation by the one-percent annual chance flood and subject to high velocity wave action (also referred to as "coastal high-hazard areas").
G.
LIMIT OF MODERATE WAVE ACTION (LiMWA)The inland limit of the area affected by waves greater than 1.5 feet during the base flood. Base flood conditions between the Zone VE and the LiMWA will be similar to, but less severe than, those in the Zone VE.
FLOOD INSURANCE STUDY
The official report in which the Federal Emergency Management
Agency has provided flood profiles, floodway information, and the
water surface elevations.
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
A.
The overflow of inland or tidal waters;
and/or
B.
The unusual and rapid accumulation
or runoff of surface waters from any source.
FLOODPLAIN
Any land area susceptible to being inundated by water from
any source (see "flood or flooding").
FLOODPROOFING CERTIFICATE
The National Flood Insurance Program, Floodproofing Certificate
for Non-Residential Structures (FEMA Form 86-0-34, as may be amended),
used by professional engineers and architects registered or licensed
in the State of Delaware to certify dry floodproofing designs.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to pass the base flood discharge
such that the cumulative increase in the water surface elevation of
the base flood discharge is no more than a designated height.
FREEBOARD
A factor of safety usually expressed in feet above a flood
elevation for the purposes of floodplain management. Freeboard tends
to compensate for the many unknown factors that could contribute to
flood heights greater than the height calculated for a selected size
flood and floodway conditions, such as wave action, obstructed bridge
openings, debris and ice jams, and the hydrologic effect of urbanization
in a watershed.
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water; the term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A.
Individually listed in the National
Register of Historic Places (a listing maintained by the U.S. Department
of the Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the
National Register; or
B.
Certified or preliminarily determined
by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district.
HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS
An analysis performed by a professional engineer, licensed
in the State of Delaware, in accordance with standard engineering
practices as accepted by FEMA, used to determine the base flood, other
frequency floods, flood elevations, floodway information and boundaries,
and flood profiles.
LETTER OF MAP CHANGE
A letter of map change is an official FEMA determination,
by letter, to amend or revise an effective Flood Insurance Rate Map,
Flood Boundary and Floodway Map, and Flood Insurance Study. Letters
of map change include:
A.
LETTER OF MAP AMENDMENT (LOMA)An amendment based on technical data showing that a property was inadvertently included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.
B.
LETTER OF MAP REVISION (LOMR)A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a letter of map revision based on fill (LOMR-F), is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood; in order to qualify for this determination, the fill must have been permitted and placed in accordance with these regulations.
C.
CONDITIONAL LETTER OF MAP REVISION (CLOMR)A formal review and comment as to whether a proposed flood protection project complies with the minimum National Flood Insurance Program requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies; upon submission to and approval of certified as-built documentation, a letter of map revision may be issued.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement)
of a structure. This definition excludes an "enclosure below the lowest
floor," which is an unfinished or flood-resistant enclosure usable
solely for parking of vehicles, building access or storage, in an
area other than a basement area, provided that such enclosure is built
in accordance with the applicable design requirements specified in
these regulations for enclosures below the lowest floor.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. The
term "manufactured home" does not include a recreational vehicle.
NEW CONSTRUCTION
Buildings and structures for which the start of construction
commenced on or after October 6, 1976, including any subsequent improvements
to such structures.
PERSON
An individual or group of individuals, corporation, partnership,
association, or any other entity, including state and local governments
and agencies.
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis, 400 square
feet or less when measured at the largest horizontal projection, designed
to be self-propelled or permanently towable by a light-duty truck,
and designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
SPECIAL FLOOD HAZARD AREA
The land in the floodplain subject to a one-percent or greater
chance of flooding in any given year. Special flood hazard areas are
designated by the Federal Emergency Management Agency in Flood Insurance
Studies and on Flood Insurance Rate Maps as Zones A, AE, AO, and Zone
VE. The term includes areas shown on other flood hazard maps that
are specifically listed or otherwise described in this article.
START OF CONSTRUCTION
The date of issuance of permits for new construction and
substantial improvements, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within 180 days of the permit date. The "actual start"
means either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage
of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
structures, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the "actual start of construction" means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
STRUCTURE (or BUILDING)
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual-repair work performed. The term does not,
however, include any project for improvement of a structure to correct
existing violations of state or local health, sanitary, or safety
code specifications which have been identified prior to the application
for a development permit by the local code enforcement official and
which are the minimum necessary to assure safe living conditions.
VIOLATION
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
these regulations is presumed to be in violation until such time that
documentation is provided.
[Added 1-20-2015 by Ord. No. 2384]
A. Designation of Floodplain Administrator.
The Sussex County Environmental Manager, or such other person as designated
by the Sussex County Administrator, 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, upon authorization by Sussex County Council, 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, as may be amended.
B. Duties and responsibilities of Floodplain
Administrator. The duties and responsibilities of the Floodplain Administrator
shall include but are not limited to:
(1)
Review applications for permits to
determine whether proposed activities will be located in special flood
hazard areas.
(2)
Interpret floodplain boundaries and
provide flood elevation and flood hazard information.
(3)
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.
(4)
Review applications to determine
whether proposed activities will be reasonably safe from flooding.
(5)
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.
(6)
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.
(7)
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.
(8)
Inspect buildings and lands to determine
compliance with these regulations or to determine if noncompliance
has occurred or violations have been committed.
(9)
Review submitted elevation certificates
for completeness.
(10)
Submit to FEMA data and information
necessary to maintain flood hazard maps, including hydrologic and
hydraulic engineering analyses prepared by or for Sussex County, corrections
to labeling or planimetric details, etc.
(11)
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.
(12)
Enforce the provisions of these regulations.
(13)
Assist with and coordinate flood
hazard map maintenance activities.
(14)
Conduct determinations as to whether
existing buildings and structures damaged by any cause and located
in special flood hazard areas have been substantially damaged.
(15)
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.
(16)
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.
(17)
Notify the Federal Emergency Management
Agency when the boundaries of Sussex County have been modified.
C. Permits required. 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 pursuant to this article,
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 Sussex County. No such permit shall
be issued until the requirements of these regulations have been met.
D. 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," prior to the actual
start of construction. The application shall be on a form furnished
for that purpose.
(1)
Application contents. At a minimum,
applications shall include:
(a)
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.
(b)
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").
(c)
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. If proposed, changes in the delineation of special flood hazard areas shall be submitted to and approved by FEMA in accordance with §
115-141.3D(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 or information that is available from other sources, or to determine such information using accepted engineering practices.
(d)
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 as required by §
115-141.4B(4). Studies, analyses, computation, etc., shall be submitted in sufficient detail to allow thorough technical review by the Office of Planning and Zoning and/or the Sussex County Engineering Department.
(e)
When other acceptable information
is not available, the Floodplain Administrator may permit the use
of any of the methods described in the FEMA publication Managing Floodplain
Development in Approximate A Areas (as that publication may be subsequently
amended) or may permit the elevation to be determined by using the
elevation of a point on the boundary of the identified floodplain
area which is nearest the construction site. The Floodplain Administrator
may require the applicant to determine the elevation with hydrologic
and hydraulic engineering techniques. Hydrologic and hydraulic analyses
shall be undertaken only by professional engineers registered in the
State of Delaware, who shall certify that the technical methods used
correctly reflect currently accepted technical concepts. Studies,
analyses, computation, etc., shall be submitted in sufficient detail
to allow thorough technical review by the Office of Planning and Zoning
and/or the Sussex County Engineering Department.
(f)
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.
(g)
Such other material and information
as may be requested by the Floodplain Administrator necessary to determine
conformance with these regulations.
(h)
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:
[1] Documentation of the
market value of the structure before the improvement is started or
before the damage occurred.
[2] 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.
(i)
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:
[1] Floodproofing certificate for dry floodproofed nonresidential structures, as required in §
115-141.5C.
[2] Certification that flood openings that do not meet the minimum requirements of §
115-141.5B(2)(c)[2] are designed to automatically equalize hydrostatic flood forces.
[3] 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 §
115-141.6C(5).
[4] 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 §
115-141.5E(3).
[5] 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 §
115-141.5E(2).
[6] Hydrologic and hydraulic engineering analyses of any development proposed to be located in an identified floodway, as required by §
115-141.5E(1).
[7] Hydrologic and hydraulic engineering analyses to develop base flood elevations for subdivisions and large-lot developments, as required by §
115-141.4B(4) or otherwise required by the Floodplain Administrator.
(2)
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.
(3)
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.
E. Review, approval or disapproval.
(1)
Review. The Floodplain Administrator
shall:
(a)
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.
(b)
Review applications for compliance with these regulations after all information required in §
115-141.3D or identified and required by the Floodplain Administrator has been received.
(c)
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:
[1] 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.
[2] Permits required by
the State of Delaware.
(2)
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.
(3)
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, one or more extensions
of time, for periods not more than 180 days each.
F. 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:
(1)
Stake-out inspection, to determine
location on the site relative to the special flood hazard area and
floodway.
(2)
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.
(3)
Enclosure inspection, including crawl
spaces, to determine compliance with applicable provisions.
(4)
Utility inspection, upon installation
of specified equipment and appliances, to determine appropriate location
with respect to the base flood elevation.
G. Submissions required prior to issuance
of certificate of occupancy. The following certifications are required
to be submitted by the permittee for development that is permitted
in special flood hazard areas prior to the issuance of a certificate
of occupancy:
(1)
For new or substantially improved
residential structures or nonresidential structures that have been
elevated, an elevation certificate that shows the ground elevation
and finished elevations (identified in Section C of the elevation
certificate as "finished construction").
(2)
For nonresidential structures that
have been dry floodproofed, a floodproofing certificate based on finished
construction (identified in Section II of the elevation certificate
form).
(3)
For all development activities subject to the requirements of §
115-141.3D(2), a letter of map revision shall be provided.
H. 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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
[Added 1-20-2015 by Ord. No. 2384]
A. Application of requirements. The general requirements of this section apply to all development proposed within special flood hazard areas identified in §
115-141.1D.
B. Subdivisions and developments.
(1)
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.
(2)
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.
(3)
All subdivision and development proposals
shall have adequate drainage provided to reduce exposure to flood
damage.
(4)
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 professional engineer registered in the State of Delaware
in a format required by FEMA for a conditional letter of map revision
or letter of map revision. Studies, analyses, computation, etc., shall
be submitted in sufficient detail to allow thorough technical review
by the Office of Planning and Zoning and/or the Sussex County Engineering
Department. In subdivisions in which the proposed lots are located
outside of the floodplain, completion of the analysis may be waived,
provided that the subject area is designated and restricted to open
space or a conservation area.
C. Protection of water supply and sanitary
sewage systems.
(1)
New and replacement water supply
systems shall be designed to minimize or eliminate infiltration of
floodwaters into the systems.
(2)
New and replacement sanitary sewage
systems shall be designed to minimize or eliminate infiltration of
floodwaters into systems and discharges from systems into floodwaters.
(3)
On-site waste disposal systems shall
be located to avoid impairment to or contamination from them during
conditions of flooding.
D. 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:
(1)
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.
(2)
Be constructed by methods and practices
that minimize flood damage.
(3)
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, as both may be amended from time to time.
(4)
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 #4, Elevator Installation,
as may be amended.
(5)
As an alternative to Subsection
D(4) above, 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.
(6)
In special flood hazard areas other than coastal high-hazard areas (Zones A, AE, and AO), meet the specific requirements of §
115-141.5.
(7)
In all coastal high-hazard areas (Zone VE), meet the specific requirements of §
115-141.6.
(8)
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.
E. Fill.
(1)
Disposal of fill, including but not
limited to rubble, construction debris, woody debris, and trash, shall
not be permitted in special flood hazard areas.
(2)
Where permitted by §
115-141.5 (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:
(a)
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.
(b)
Placed and compacted to provide for
stability under conditions of rising and falling floodwaters and resistance
to erosion, scour, and settling.
(c)
Consist of soil or rock materials
only.
(d)
Sloped no steeper than one vertical
on two horizontal, unless approved by the Floodplain Administrator.
(e)
Designed with provisions for adequate
drainage and no adverse effect on adjacent properties.
(3)
Fill placed for a purpose other than
to support a building or structure shall meet the requirements of § 115-141.4E2(b)
through (e).
F. 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 an historic structure and a variance is granted in accordance with §
115-141.7 and such variance is the minimum necessary to preserve the historic character and design of the structure.
G. Recreational vehicles.
(1)
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.
(2)
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 §
115-141.5B(3) for manufactured homes or §
115-141.6C(4), as applicable.
H. Gas or liquid storage tanks.
(1)
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.
(2)
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.
(3)
In special flood hazard areas, tank
inlets, fill openings, outlets and vents shall be:
(a)
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.
(b)
Anchored to prevent lateral movement
resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy, during conditions of the base flood.
[Added 1-20-2015 by Ord. No. 2384]
A. General requirements. In addition to the general requirements of §
115-141.4, 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.
B. Residential structures and residential
portions of mixed-use structures.
(1)
Elevation requirements.
(a)
The lowest floor (including basement)
shall be elevated to or above the base flood elevation.
(b)
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.
(c)
Enclosures below the lowest floor shall meet the requirements of §
115-141.5B(2).
(2)
Enclosures below lowest floor.
(a)
Enclosures below the lowest floor
shall be used solely for parking of vehicles, building access, crawl
spaces, or limited storage.
(b)
Enclosures below the lowest floor
shall be constructed using flood-damage-resistant materials. See FEMA
Technical Bulletin #2, Flood Damage-Resistant Materials Requirements,
as may be amended.
(c)
Enclosures below the lowest floor
(including crawl spaces) 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, as may be amended):
[1] 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.
[2] 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 engineer registered in the State of Delaware or architect licensed
in the State of Delaware to provide for equalization of hydrostatic
flood forces on exterior walls by allowing for the automatic entry
and exit of floodwaters.
[3] The bottom of each opening
shall be one foot or less above the adjacent ground level.
[4] Any louvers, screens
or other opening covers shall allow the automatic flow of floodwaters
into and out of the enclosed area.
[5] Where installed in doors and windows, openings that meet requirements of §
115-141.5B(2)(c)[1] through
[4] above are acceptable; however, doors and windows without installed openings do not meet the requirements of this section.
(d)
Crawl spaces 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.
(3)
Manufactured homes.
(a)
New or replacement manufactured homes,
including substantial improvement of existing manufactured homes,
shall:
[1] 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 §
115-141.5B(1).
[2] Be installed in accordance
with the anchor and tie-down requirements of the building code or
the manufacturer's written installation instructions and specifications.
[3] Have enclosures below the elevated manufactured home, if any, meet the requirements of §
115-141.5B(2).
(b)
For the purpose of this requirement,
the lowest floor of a manufactured home is the finished floor of the
lowest floor.
C. Nonresidential structures and nonresidential
portions of mixed-use structures.
(1)
Elevation requirements.
(a)
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 §
115-141.5C(2).
(b)
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.
(c)
Enclosures below the lowest floor, if not dry floodproofed, shall meet the requirements of §
115-141.5B(2).
(2)
Dry floodproofing requirements. Dry
floodproofed structures, together with attendant utility and sanitary
facilities, shall:
(a)
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.
(b)
Have structural components capable
of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(c)
Be certified by a professional engineer
registered in the State of Delaware, or a professional architect licensed
in the State of Delaware 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, as may be amended, for guidance.
D. 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:
(1)
Usable only for parking or limited
storage;
(2)
Constructed with flood-damage-resistant
materials below the base flood elevation;
(3)
Constructed and placed to offer the
minimum resistance to the flow of floodwaters;
(4)
Firmly anchored to prevent flotation,
collapse, and lateral movement;
(5)
Electrical service and mechanical
equipment elevated to or above the level of the base flood elevation;
(7)
For guidance, see FEMA Technical
Bulletin #7, Wet Floodproofing Requirements, as may be amended.
E. Protection of flood-carrying capacity.
(1)
Development in floodways.
(a)
Within any floodway area designated
on the Flood Insurance Rate Map, no encroachments, including fill,
new construction, substantial improvements, or other development,
shall be permitted unless it has been demonstrated through hydrologic
and hydraulic engineering analysis that the proposed encroachment
would not result in any increase in flood levels within the community
during the occurrence of the base flood discharge. Such technical
data shall be submitted to the Floodplain Administrator and to FEMA.
The analyses shall be prepared by a professional engineer registered
in the State of Delaware 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.
(b)
The proposed development activity
may be permitted upon submission by the applicant of the following:
[1] Analyses demonstrating
that the activity will not result in any increase in the base flood
elevation;
[2] Analyses demonstrating
that the activity will result in an increase in the base flood elevation,
provided a conditional letter of map revision has been issued by FEMA
and the applicant completes all of the following:
[b] An evaluation alternative
which would not result in increased base flood elevations and an explanation
why these alternatives are not feasible;
[c] A certification that
no structures are located in areas which would be impacted by the
increased base flood elevation;
[3] Documentation that individual
legal notices have been delivered to all impacted property owners
to explain the impact of the proposed action on their properties;
[4] Concurrence of the County
Administrator and the Director of the Office of Planning and Zoning
of Sussex County and the Chief Executive Officer of any other community
impacted by the proposed actions; and
[5] Documentation that the
applicant has notified the Delaware Department of Natural Resources
and Environmental Control (Division of Watershed Stewardship).
(2)
Development in areas with base flood
elevations but no floodways.
(a)
For development activities in a special
flood hazard area with base flood elevations but no designated floodways,
the applicant shall develop hydrologic and hydraulic engineering analyses
and technical data reflecting the proposed activity and shall submit
such analyses and data to the Floodplain Administrator and to FEMA.
The analyses shall be prepared by a professional engineer registered
in the State of Delaware 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.
(b)
The proposed development activity
may be permitted if the analyses demonstrate that the cumulative effect
of the proposed development activity, when combined with all other
existing and potential special flood hazard area encroachments, will
not increase the base flood elevation more than one foot at any point.
(3)
Deliberate alterations of watercourse.
(a)
For the purpose of these regulations,
a watercourse is deliberately altered when a person causes a change
to occur within its banks. Deliberate changes to a watercourse include,
but are not limited to: widening, deepening or relocating of the channel;
installation of culverts; construction of bridges, and excavation
or filling of the channel or watercourse banks.
(b)
For any proposed deliberate alteration
of a watercourse, the applicant shall develop hydrologic and hydraulic
engineering analyses and technical data reflecting such changes and
submit such technical data to the Floodplain Administrator and to
FEMA. 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.
(c)
The proposed alteration of a watercourse
may be permitted upon submission by the applicant of the following:
[1] Documentation of compliance with §
115-141.5E(1) if the alteration is in a floodway or §
115-141.5E(2) if the alteration is in a watercourse with base flood elevations but no floodway.
[2] A description of the
extent to which the watercourse will be altered or relocated as a
result of the proposed development.
[3] A certification by a
professional engineer registered in the State of Delaware that the
bankful flood-carrying capacity of the watercourse will not be diminished.
[4] Evidence that adjacent
communities, the U.S. Army Corps of Engineers, and the Delaware Department
of Natural Resources and Environmental Control (Division of Watershed
Stewardship) have been notified of the proposal and evidence that
such notifications have been submitted to the Federal Emergency Management
Agency.
[5] Evidence that the applicant
shall be responsible for providing the necessary maintenance for the
altered or relocated portion of the watercourse so that the flood-carrying
capacity will not be diminished. The Floodplain Administrator may
require the permit holder to enter into an agreement with Sussex County
specifying the maintenance responsibilities; if an agreement is required,
the permit shall be conditioned to require that the agreement be recorded
on the deed of the property which shall be binding on future owners.
[Added 1-20-2015 by Ord. No. 2384]
A. General requirements. In addition to the general requirements of §
115-141.4, the requirements of this section apply to all development proposed in coastal high-hazard areas, also referred to collectively as "Zone V."
B. Location and site preparation.
(1)
The placement of structural fill
for the purpose of elevating buildings is prohibited.
(2)
All new construction shall be located
landward of the reach of mean high tide.
(3)
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.
C. Residential and nonresidential structures.
(1)
Foundations.
(a)
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
standards. Pile embedment shall include consideration of decreased
resistance capacity caused by scour of soil strata surrounding the
piling.
(b)
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.
(2)
Elevation requirements.
(a)
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.
(b)
Basement floors that are below grade
on all sides are prohibited.
(c)
The space below the lowest floor shall either be free of obstruction or, if enclosed by walls, shall meet the requirements of §
115-141.6C(3). See FEMA Technical Bulletin #5, Free of Obstruction Requirements, as may be amended.
(3)
Enclosures below lowest floor.
(a)
Enclosures below the lowest floor
shall be used solely for parking of vehicles, building access or storage.
(b)
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,
as may be amended.
(c)
Electrical, mechanical, and plumbing
system components shall not be mounted on or penetrate through walls
that are designed to break away under flood loads.
(d)
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
(e)
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 professional
engineer registered in the State of Delaware or professional architect
licensed in the State of Delaware that:
[1] 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.
[2] 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.
(4)
Manufactured homes. New or replacement
manufactured homes, including substantial improvement of existing
manufactured homes, shall:
(d)
Be installed in accordance with the
anchor and tie-down requirements of the building code or the manufacturer's
written installation instructions and specifications.
(5)
Certification of design. The applicant
shall include in the application a certification prepared by a professional
engineer registered in the State of Delaware or a professional architect
licensed in the State of Delaware that the design and methods of construction
to be used meet the applicable criteria of these regulations.
[Added 1-20-2015 by Ord. No. 2384]
A. Variances. The Sussex County Board of Adjustment
shall have the power to authorize, in specific cases, such variances
from the requirements of these regulations, not inconsistent with
federal regulations, as will not be contrary to the public interest
where, owing to special conditions of the lot or parcel, a literal
enforcement of the provisions of these regulations would result in
unnecessary hardship or exceptional practical difficulty.
(1)
Application for variance.
(a)
Any owner, or agent thereof, of property
for which a variance is sought shall submit an application for a variance
to the Floodplain Administrator.
(b)
At a minimum, such application shall contain the following information: name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request. Each variance application shall specifically address each of the considerations in §
115-141.7A(2) and the limitations and conditions of §
115-141.7A(3).
(2)
Considerations for variances. In
considering variance applications, the Board of Adjustment shall consider
and make findings of fact on all evaluations, all relevant factors,
requirements specified in other sections of these regulations, and
the following factors:
(a)
The danger that materials may be
swept onto other lands to the injury of others.
(b)
The danger to life and property due
to flooding or erosion damage.
(c)
The susceptibility of the proposed
development and its contents (if applicable) to flood damage and the
effect of such damage on the individual owner.
(d)
The importance of the services provided
by the proposed development to the community.
(e)
The availability of alternative locations
for the proposed use which are not subject to, or are subject to less,
flooding or erosion damage.
(f)
The necessity to the facility of
a waterfront location, where applicable, or if the facility is a functionally
dependent use.
(g)
The compatibility of the proposed
use with existing and anticipated development.
(h)
The relationship of the proposed
use to the comprehensive plan for that area.
(i)
The safety of access to the property
in times of flood for ordinary and emergency vehicles.
(j)
The expected heights, velocity, duration,
rate of rise, and sediment transport of the floodwaters and the effects
of wave action, if applicable, expected at the site.
(k)
The costs of providing governmental
services during and after flood conditions, including maintenance
and repair of public utilities and facilities such as sewer, gas,
electrical, and water systems, and streets and bridges.
(3)
Limitations for variances.
(a)
An affirmative decision on a variance
request shall only be issued upon:
[1] A showing of good and
sufficient cause. A "good and sufficient" cause is one that deals
solely with the physical characteristics of the property and cannot
be based on the character of the planned construction or substantial
improvement, the personal characteristics of the owner or inhabitants,
or local provisions that regulate standards other than health and
public safety standards.
[2] A determination that
failure to grant the variance would result in exceptional hardship
due to the physical characteristics of the property.
[3] Increased cost or inconvenience
of meeting the requirements of these regulations does not constitute
an exceptional hardship to the applicant.
[4] A determination that
the granting of a variance for development within any designated floodway,
or special flood hazard area with base flood elevations but no floodway,
will not result in increased flood heights beyond that which is allowed
in these regulations.
[5] A determination that
the granting of a variance will not result in additional threats to
public safety, extraordinary public expense, nuisances, or fraud on
or victimization of the public, or conflict with existing local laws.
[6] A determination that
the structure or other development is protected by methods to minimize
flood damages.
[7] A determination that
the variance is the minimum necessary, considering the flood hazard,
to afford relief.
(b)
Upon consideration of the individual
circumstances, the limitations and conditions, and the purposes of
these regulations, the Board of Adjustment may attach such conditions
to variances as it deems necessary to further the purposes of these
regulations.
(c)
The Board of Adjustment shall notify,
in writing, any applicant to whom a variance is granted for a building
or structure with a lowest floor elevation below the base flood elevation
that the variance is to the floodplain management requirements of
these regulations only, and that the cost of federal flood insurance
will be commensurate with the increased risk.
[Added 1-20-2015 by Ord. No. 2384]
A. Compliance required.
(1)
No structure or land development
shall hereafter be located, erected, constructed, reconstructed, repaired,
extended, converted, enlarged or altered without full compliance with
these regulations and all other applicable regulations which apply
to uses within the jurisdiction of these regulations.
(2)
Failure to obtain a permit shall be a violation of these regulations and shall be punishable in accordance with §
115-141.8C.
(3)
Permits issued on the basis of plans
and applications approved by the Floodplain Administrator authorize
only the specific activities set forth in such approved plans and
applications or amendments thereto. Use, arrangement, or construction
of such specific activities that is contrary to that authorized shall
be deemed a violation of these regulations.
B. Notice of violation. Violations of this chapter shall be subject to the procedures set forth in Article
XXVIII, Administration and Enforcement, unless an expedited process is required and is justified by risk to life and safety.
C. Violations and penalties. Violations of this chapter shall be subject to the procedures set forth in Article
XXVIII, Administration and Enforcement, unless an expedited process is required and is justified by risk to life and safety.
[Added 1-20-2015 by Ord. No. 2384]
The granting of a permit or approval
of a site plan in an identified flood-prone area shall not constitute
a representation, guarantee or warranty of any kind by Sussex County
or by any of its elected or appointed officials, directors, or employees
thereof of the practicability or safety of the proposed use, and shall
create no liability upon Sussex County, or its elected or appointed
officials, directors or employees.
[Added 1-20-2015 by Ord. No. 2384]
For all structures in special flood hazard areas, height regulations for the districts shown in Articles
IV through
XX shall apply, with the height measured from the base flood elevation. Provided, however, that in special flood hazard areas the permitted height may be increased by one foot for every one foot of freeboard, not to exceed two feet above the permitted height measured from base flood elevation. All other areas not in special flood hazard areas shall be measured from grade.
[Added 1-20-2015 by Ord. No. 2384]
These regulations shall take effect
on January 20, 2015.