Town of South Bethany, DE Article XIV Coastal Floodplain Regulations

[Amended 2-13-2015 by Ord. No. 176-14]

§ 145-44 General provisions.

A. Findings.

(1) The Federal Emergency Management Agency (FEMA) has identified special flood hazard areas within the boundaries of the Town of South Bethany. Special flood hazard areas are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. Development that is inadequately elevated, improperly floodproofed, or otherwise unprotected from flood damage also contributes to the flood loss.

(2) The Town of South Bethany agreed to meet the requirements of the National Flood Insurance Program and was accepted for participation in the program on October 6, 1976. Subsequent to that date or the initial effective date of the Town of South Bethany Flood Insurance Rate Map, all development, new construction, and substantial improvements, as defined herein, are to be compliant with the Town of South Bethany's floodplain management regulations in effect at the time of construction, and all development, new construction, and substantial improvements subsequent to the effective date of these regulations shall be compliant with these regulations.

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.

C. Areas to which these regulations apply. These regulations shall apply to all special flood hazard areas within the jurisdiction of the Town of South Bethany, as identified in § 145-44D.

D. Basis for establishing special flood hazard areas. For the purposes of these regulations, the following are adopted by reference as a part of these regulations and serve as the basis for establishing special flood hazard areas:

(1) 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.

(2) 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.

(3) 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.

(4) The Town of South Bethany may identify and regulate new local flood hazard or ponding areas. These areas should be delineated and adopted on a "Local Flood Hazard Map" using best available topographic data and locally derived information such as flood of record, historic high water marks or approximate study methodologies.

(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.

(6) Maps and studies that establish special flood hazard areas are on file at the Town of South Bethany Town Hall.

E. Abrogation and greater restrictions. Except as otherwise specified herein, these regulations are not intended to repeal or abrogate any existing ordinances including subdivision regulations, zoning ordinances or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall govern. These regulations shall not impair any deed restriction, covenant or easement, but the land subject to such interests shall also be governed by these regulations.

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 Town of South Bethany, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made hereunder.

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 the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

§ 145-45 Definitions.

For the purpose of interpreting Article XIV, Coastal Floodplain Regulations, certain terms used herein are as defined in § 145-3.

§ 145-46 Administration.

A. Designation of the Floodplain Administrator. The Town of South Bethany Code Enforcement Constable is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator. The Floodplain Administrator is authorized to fulfill the duties and responsibilities set forth in these regulations. Administration of any part of these regulations by another entity shall not relieve the Town of South Bethany of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.

B. Duties and responsibilities of the 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) 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.

(7) Inspect buildings and lands to determine compliance with these regulations or to determine if noncompliance has occurred or violations have been committed.

(8) Review submitted elevation certificates for completeness.

(9) Provide FEMA data and information necessary to maintain flood hazard maps, including engineering analyses prepared by or for the Town of South Bethany, and corrections to labeling or planimetric details, etc.

(10) 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.

(11) Enforce the provisions of these regulations.

(12) Assist with and coordinate flood hazard map maintenance activities.

(13) Conduct determinations as to whether existing buildings and structures damaged by any cause and located in special flood hazard areas have been substantially damaged.

(14) 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.

(15) 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.

(16) Notify the Federal Emergency Management Agency when the corporate boundaries of the Town of South Bethany have been modified.

C. Permits required. It shall be unlawful for any person or entity to start construction or other development which is wholly within, partially within, or in contact with any identified special flood hazard area, as established in § 145-44D, including but not limited to: subdivision of land, filling, grading, or other site improvements and utility installations; construction, alteration, remodeling, improvement, replacement, reconstruction, repair, relocation, or expansion of any building or structure; placement or replacement of a manufactured home; recreational vehicles; installation or replacement of storage tanks; or alteration of any watercourse, until a permit is obtained from the Town of South Bethany. No such permit shall be issued until the requirements of these regulations have been met.

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. 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.

(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. Proposed changes in the delineation of special flood hazard areas shall be submitted to and approved by FEMA in accordance with § 145-46D(2). Where special flood hazard areas are not delineated or base flood elevations are not shown on the flood hazard maps, the Floodplain Administrator has the authority to require the applicant to use information provided by the Floodplain Administrator, information that is available from other sources, or to determine such information using accepted engineering practices. The applicant may submit analyses and studies that determine base flood elevations and delineate flood hazard areas. Analyses and studies shall be submitted to and approved by FEMA prior to recordation.

(d) 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.

(e) Drawings, diagrams, or descriptions of the proposed foundation in sufficient detail to demonstrate compliance with the requirements of this article.

(f) Drawings, diagrams, or descriptions of the proposed location of service equipment and utilities in sufficient detail to demonstrate compliance with the requirements of § 145-47D(4) or (5).

(g) Where the placement of structural fill is proposed, the amount and type; compaction specifications; a description of the intended purpose of the area to be filled; and evidence that the proposed fill is the minimum necessary to achieve the intended purpose. Such other material and information as may be requested by the Floodplain Administrator necessary to determine conformance with these regulations.

(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 is required as determined by the Floodplain Administrator.

(i) Certifications and/or technical analyses prepared or conducted by a registered professional engineer or architect as appropriate to the type of development activity proposed and required by these regulations:

[1] Floodproofing certificate for dry floodproofed nonresidential structures, as required in § 145-48C.

[2] Certification that flood openings that do not meet the minimum requirements of § 145-48B(2)(c)[2] are designed to automatically equalize hydrostatic flood forces.

[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 § 145-49C(5).

(j) For all development activities subject to the requirements of § 145-46D(2), a Letter of Map Revision shall be provided.

(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. Submittal requirements and processing fees shall be the responsibility of the applicant.

(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 § 145-46D 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.

[3] Permits required by Sussex County, 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 shall expire if the actual start of construction does not occur within 180 days of the date of permit issuance. If the actual start of construction is not within 180 days of the date of permit issuance, a request for an extension shall be submitted in writing. Upon reviewing the request and the permit for continued compliance with these regulations, the Floodplain Administrator may grant, in writing, one extension of time, for a period of not more than 180 days.

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 crawlspaces, 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.

(5) Storage of materials.

G. Submissions required prior to issuance of a certificate of compliance/occupancy. The following certificates are required to be submitted by the applicant for development that is permitted in special flood hazard areas prior to the issuance of a certificate of compliance/occupancy:

(1) For new or substantially improved structures, and for structures that have been elevated, an Elevation Certificate based on "Finished Construction" (identified in Section C, Building Elevation Information, of the Elevation Certificate). Exception: Detached accessory structures that meet the requirements of § 145-48D.

(2) For nonresidential structures that have been dry floodproofed, a Floodproofing Certificate based on "Finished Construction" (identified in Section II, Floodproofing Information, of the Floodproofing Certificate).

(3) For all development activities subject to the requirements of § 145-46D(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) 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.

(2) 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.

(3) 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.

§ 145-47 Requirements in all special flood hazard areas.

A. Application of requirements. The general requirements of this section apply to all development proposed within special flood hazard areas identified in § 145-44D.

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 developments proposals shall have adequate drainage provided to reduce exposure to flood damage.

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.

(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 base flood elevation. Electrical wiring systems are permitted to be located below the base flood elevation provided they conform to the provisions of the electrical part of this code for wet locations. If replaced as part of a substantial improvement, electrical systems, equipment and components, and heating, ventilation, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment shall meet the requirements of this section. See FEMA Technical Bulletin #4, Elevator Installation.

(5) As an alternative to § 145-47D(4), electrical systems, equipment and components, and heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment are permitted to be located below the base flood elevation provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of the base flood.

(6) In special flood hazard areas other than coastal high hazard areas (Zones A, AE, and AO), meet the specific requirements of § 145-48.

(7) In all coastal high hazard areas (Zone VE), meet the specific requirements of § 145-49.

(8) In a special flood hazard area with more than one designation (Zones A, AE, and AO, Zones VE), meet the requirements of the most restrictive designation.

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 § 145-48 (Zones A, AE, and AO), fill placed for the purpose of raising the ground level and to support a building or structure shall meet the following requirements:

(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 four 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 § 145-47E(2)(b) through E(2)(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 a historic structure and a variance is granted in accordance with § 145-61 and such variance is the minimum necessary to preserve the historic character and design of the structure.

G. Recreational vehicles. Recreational vehicles in special flood hazard areas shall be fully licensed and ready for highway use, and are permitted to be stored on private property.

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) 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.

I. Anchoring.

(1) All new structures, including accessory structures, shall be firmly anchored to prevent lateral movement, flotation or collapse.

(2) On-ground decks, walkways, and landscape timbers located below the base flood elevation shall be anchored to prevent flotation and/or lateral displacement.

(3) All outside propane or heating oil fuel tanks over four gallons (twenty-pound capacity as used for barbeque grills), shall be anchored as described in § 145-47H.

(4) The anchoring system shall be maintained and repaired as needed.

(5) The effective date for proper anchoring of all items in Subsection I(3) above shall be no later than April 1, 2015.

§ 145-48 Requirements needed for special flood hazard areas other than coastal high hazard areas.

A. General requirements. In addition to the general requirements of § 145-47, the requirements of this section apply to all development proposed in special flood hazard areas other than coastal high hazard areas. These areas include Zones A, AE, and AO.

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 § 145-48B(2).

(2) Enclosures below the lowest floor.

(a) Enclosures below the lowest floor shall be used solely for parking of vehicles, building access, crawlspaces, or 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.

(c) Enclosures below the lowest floor (including crawlspaces) shall be provided with flood openings which shall meet the following criteria (see FEMA Technical Bulletin #1, Openings in Foundation Walls and Walls of Enclosures):

[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 registered professional engineer or architect to provide for equalization of hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwaters.

[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 § 145-48B(2)(c)[1] through [4] are acceptable; however, doors and windows without installed openings do not meet the requirements of this section.

(d) Crawlspaces shall have the finished interior ground level equal to or higher than the outside finished ground level on at least one entire side of the foundation wall.

(3) Manufactured homes. New or replacement manufactured homes, including substantial improvement of existing manufactured homes, shall:

(a) Be elevated on a permanent, reinforced foundation that raises the lowest floor to or above the base flood elevation and is otherwise in accordance with § 145-48B(1).

(b) Be installed in accordance with the anchor and tie-down requirements of the building code or the manufacturer's written installation instructions and specifications.

(c) Have enclosures below the elevated manufactured home, if any, meet the requirements of § 145-48B(1).

(4) For the purpose of this requirement, the lowest floor of a manufactured home is the bottom of the lowest horizontal supporting member of the lowest floor.

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 § 145-48C(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 § 145-48B(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 registered professional engineer or architect with a floodproofing certificate that the design and methods of construction meet the requirements of this section. Refer to FEMA Technical Bulletin #3, Non-Residential Floodproofing — Requirements and Certification for guidance.

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; and

(6) Equipped with flood openings that meet the requirements of § 145-48.2B.

(7) For guidance see FEMA Technical Bulletin #7, Wet Floodproofing Requirements.

§ 145-49 Requirements in coastal high hazard areas (Zone VE).

A. General requirements. In addition to the general requirements of § 145-47, the requirements of this section apply to all development proposed in coastal high hazard areas, also referred to collectively as "Zone V."

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 codes. 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 § 145-49C(3). See FEMA Technical Bulletin #5, Free of Obstruction Requirements.

(3) Enclosures below the 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.

(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 registered professional engineer or architect 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:

(a) Meet the foundation requirements of § 145-49C(1).

(b) Meet the elevation requirements of § 145-49C(2), provided the bottom of the lowest horizontal structural member is at or above the base flood elevation.

(c) Meet the enclosure requirements of § 145-49C(3).

(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 registered professional engineer or architect that the design and methods of construction to be used meet the applicable criteria of these regulations.

D. Space below the lowest floor.

(1) New construction and substantial improvements. All new construction and substantial improvements for all lots east of Ocean Drive, within the VE Zone, shall have the space below the lowest floor free of obstruction. All stairs, ramps and walkways, other than a primary access as defined in § 145-37A(2), for access are permissible below the lowest floor but shall be constructed in a manner to be removable or raised up during the off season and/or pending inclement weather conditions.

(2) Accessory structures. Any accessory structures that have the lowest horizontal structural member below the current base flood elevation (BFE) shall not be rebuilt, replaced or restored if it is substantially damaged more than 50%, as determined by the Code Enforcement Constable or Town Manager.

(3) Fuel tanks. Buried gas, oil or other fuel tanks shall not be permitted on lots east of Ocean Drive.

§ 145-50 Coastal floodplain regulation variances.

The Board of Adjustment has the power to authorize variances from the requirements of these regulations in accordance with § 145-61.

§ 145-51 Enforcement.

See Chapter 145, Article XVII, Administration, Enforcement and Penalties.

§ 145-52 through § 145-55. (Reserved)