A.
The Federal Emergency Management Agency (FEMA) has identified special
flood hazard areas within the boundaries of the City of Harrington.
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. Structures that are inadequately elevated, improperly
floodproofed, or otherwise unprotected from flood damage also contribute
to the flood loss.
B.
The City of Harrington, by resolution, agreed to meet the requirements
of the National Flood Insurance Program and was accepted for participation
in the program on June 1, 1977. As of that date or the initial effective
date of the City of Harrington Flood Insurance Rate Map, all development
and new construction, as defined herein, are to be compliant with
this chapter.
It is the purpose of this chapter to promote the public health,
safety and general welfare, and to:
A.
Protect human life, health and welfare;
B.
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future;
C.
Minimize flooding of water supply and sanitary sewage disposal systems;
D.
Maintain natural drainage;
E.
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;
F.
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
G.
Minimize prolonged business interruptions;
H.
Minimize damage to public facilities and other utilities such as
water and gas mains, electric, telephone and sewer lines, streets
and bridges;
I.
Reinforce that those who build in and occupy special flood hazard
areas should assume responsibility for their actions;
J.
Minimize the impact of development on adjacent properties within
and near flood-prone areas;
K.
Provide that the flood storage and conveyance functions of the floodplain
are maintained;
L.
Minimize the impact of development on the natural and beneficial
functions of the floodplain;
M.
Prevent floodplain uses that are either hazardous or environmentally
incompatible; and
N.
Meet community participation requirements of the National Flood Insurance
Program as set forth in the Code of Federal Regulations at 44 C.F.R.
59.22.
This chapter shall apply to all special flood hazard areas within the jurisdiction of the City of Harrington, as identified in § 212-4.
A.
For the purposes of this chapter, the following are adopted by reference
as a part of this chapter and serve as the basis for establishing
special flood hazard areas:
(1)
The FEMA Flood Insurance Study for Kent County, Delaware, and Incorporated
Areas, dated July 7, 2014, and all subsequent amendments and/or the
most recent revision thereof.
(2)
The FEMA Flood Insurance Rate Map for Kent County, Delaware, and
Incorporated Areas, dated July 7, 2014, and all subsequent amendments
and/or the most recent revision thereof.
(3)
Other hydrologic and hydraulic engineering studies and/or maps prepared
pursuant to this chapter or for other purposes, and which establish
base flood elevations, delineate one-hundred-year floodplains, floodways
or other areas of special flood hazard.
(4)
The City of Harrington 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.
(5)
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.
B.
Maps and studies that establish special flood hazard areas are on
file at the City Hall, Harrington, Delaware.
This chapter is not intended to repeal or abrogate any existing
ordinances including subdivision regulations, zoning ordinances or
building codes. In the event of a conflict between this chapter and
any other ordinance, the more restrictive shall govern. This chapter
shall not impair any deed restriction, covenant or easement, but the
land subject to such interests shall also be governed by this chapter.
In the interpretation and application of this chapter, all provisions
shall be:
A.
Considered as minimum requirements;
B.
Liberally construed in favor of the governing body;
C.
Deemed neither to limit nor repeal any other powers granted under
state statutes; and
D.
Where a provision of this chapter may be in conflict with a state
or federal law, such state or federal law shall take precedence, where
more restrictive.
The degree of flood protection required by this chapter 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.
This chapter does 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. This chapter shall not create
liability on the part of the City of Harrington, any officer or employee
thereof, or the Federal Emergency Management Agency, for any flood
damage that results from reliance on this chapter or any administrative
decision lawfully made thereunder.
Should any section or provision of this chapter 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.
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this chapter the most reasonable
application.
A structure on the same lot with, and of a nature customarily
incidental and subordinate to, the principal structure.
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.
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).
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).
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.
Any area of the building having its floor subgrade (below
ground level) on all sides.
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.
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.
The National Flood Insurance Program, Elevation Certificate
(FEMA Form 086-0-33), used to document building elevations and other
information about buildings. When required to be certified, the form
shall be completed by a licensed professional land surveyor.
An unfinished or flood-resistant enclosure usable solely
for parking of vehicles, building access, or storage, in an area other
than a basement.
The federal agency with the overall responsibility for administering
the National Flood Insurance Program.
A series of guidance documents published by FEMA to provide
guidance concerning building performance standards of the National
Flood Insurance Program. See sections where specific TBs are identified.
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.
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.
ZONE ASpecial flood hazard areas inundated by the one-percent-annual-chance flood; base flood elevations are not determined.
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.
ZONE AOAreas of shallow flooding, with or without a designated average flood depth.
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.
ZONE X (UNSHADED)Areas determined to be outside the one-percent-annual-chance flood and outside the five-hundred-year floodplain.
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).
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.
The official report in which the Federal Emergency Management
Agency has provided flood profiles, floodway information, and the
water surface elevations.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
Any land area susceptible to being inundated by water from
any source (see "flood or flooding").
The National Flood Insurance Program, Floodproofing Certificate
for Non-Residential Structures (FEMA Form 86-0-34), used by registered
professional engineers and architects to certify dry floodproofing
designs.
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.
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.
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.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
[Amended 7-28-2014 by Ord. No. 14-12]
Individually listed on the National Register of Historic Places
(a listing maintained by the United States 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
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.
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.
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:
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.
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 this chapter.
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.
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
this chapter for enclosures below the lowest floor.
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."
Buildings and structures for which the start of construction
commenced on or after June 1, 1977, including any subsequent improvements
to such structures.
An individual or group of individuals, corporation, partnership,
association, or any other entity, including state and local governments
and agencies.
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.
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 § 212-4.
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 six months 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.
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.
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.
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.
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
this chapter is presumed to be in violation until such time that documentation
is provided.
