The City Manager, and/or his/her designee, is hereby appointed
to administer and implement this chapter and is referred to herein
as the Floodplain Administrator. The Floodplain Administrator is authorized
to fulfill the duties and responsibilities set forth in this chapter;
delegate duties and responsibilities set forth in this chapter to
qualified technical personnel, plan examiners, inspectors, and other
employees; or enter into a written agreement or written contract with
another jurisdiction or agency, or private sector entity to administer
specific provisions of this chapter. Administration of any part of
this chapter 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 C.F.R. 59.22.
The duties and responsibilities of the Floodplain Administrator
shall include but are not limited to:
A.
Review applications for permits to determine whether proposed activities
will be located in special flood hazard areas.
B.
Interpret floodplain boundaries and provide flood elevation and flood
hazard information.
C.
Review applications to determine whether proposed activities will
be reasonably safe from flooding.
D.
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.
E.
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.
F.
Issue permits to develop in special flood hazard areas when the provisions
of this chapter have been met, or disapprove the same in the event
of noncompliance.
G.
Inspect buildings and lands to determine compliance with this chapter
or to determine if noncompliance has occurred or violations have been
committed.
H.
Review submitted elevation certificates for completeness.
I.
Submit to FEMA data and information necessary to maintain flood hazard
maps, including hydrologic and hydraulic engineering analyses prepared
by or for the City of Harrington, corrections to labeling or planimetric
details, etc.
J.
Maintain and permanently keep all records for public inspection that
are necessary for the administration of this chapter 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 this chapter.
K.
Enforce the provisions of this chapter.
L.
Assist with and coordinate flood hazard map maintenance activities.
M.
Conduct determinations as to whether existing buildings and structures
damaged by any cause and located in special flood hazard areas have
been substantially damaged.
N.
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.
O.
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.
P.
Notify the Federal Emergency Management Agency when the corporate
boundaries of the City of Harrington have been modified.
It shall be unlawful for any person or entity to begin construction or other development which is wholly within, partially within, or in contact with any identified special flood hazard area, as established in § 212-4, including but not limited to: subdivision of land, filling, grading, or other site improvements and utility installations; construction, alteration, remodeling, improvement, replacement, reconstruction, repair, relocation, or expansion of any building or structure; placement 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 City of Harrington. No such permit shall be issued until the requirements of this chapter have been met.
Application for a permit shall be made by the owner of the property
or his/her authorized agent, herein referred to as the applicant,
prior to the actual start of construction. The application shall be
on a form furnished for that purpose.
A.
Application contents. At a minimum, applications shall include:
(1)
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.
(2)
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").
(3)
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 § 212-13B. 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.
(4)
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 § 212-19D.
(5)
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.
(6)
Such other material and information as may be requested by the Floodplain
Administrator necessary to determine conformance with this chapter.
(7)
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:
(a)
Documentation of the market value of the structure before the
improvement is started or before the damage occurred.
(b)
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.
(8)
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 this chapter:
(a)
Floodproofing certificate for dry floodproofed nonresidential structures, as required in § 212-28.
(b)
Certification that flood openings that do not meet the minimum requirements of § 212-27B(3)(b) are designed to automatically equalize hydrostatic flood forces.
(c)
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 § 212-30C.
(d)
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 § 212-30B.
B.
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.
C.
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.
A.
Review. The Floodplain Administrator shall:
(1)
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.
(2)
Review applications for compliance with this chapter after all information required in § 212-13 or identified and required by the Floodplain Administrator has been received.
(3)
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:
(a)
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.[1]
[1]
Editor's Note: See 33 U.S.C. § 403, 33 U.S.C.
§ 1344, and 33 U.S.C. § 1341, respectively.
(b)
Permits required by the State of Delaware.
B.
Approval or disapproval. The Floodplain Administrator shall approve
applications that comply with the applicable requirements of this
chapter. The Floodplain Administrator shall disapprove applications
for proposed development that does not comply with the applicable
provisions of this chapter and shall notify the applicant of such
disapproval, in writing, stating the reasons for disapproval.
C.
Expiration of permit. A permit is valid provided the actual start
of construction occurs within six months of the date of permit issuance.
If the actual start of construction is not within six months 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 this chapter, the Floodplain Administrator may grant,
in writing, one or more extensions of time, for periods not more than
six months each.
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:
A.
Stake-out inspection, to determine location on the site relative
to the special flood hazard area and floodway.
B.
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.
C.
Enclosure inspection, including crawlspaces, to determine compliance
with applicable provisions.
D.
Utility inspection, upon installation of specified equipment and
appliances, to determine appropriate location with respect to the
base flood elevation.
E.
Storage of materials.
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:
A.
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").
B.
For nonresidential structures that have been dry floodproofed, a
floodproofing certificate based on "finished construction" (identified
in Section II).
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:
A.
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. When a Preliminary Flood Insurance Rate Map has
been provided by FEMA to identify base flood elevations where such
elevations were not previously shown, the base flood elevations on
the Preliminary Flood Insurance Rate Map shall be used.
B.
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.
C.
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.
D.
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.
