A.
The Federal Emergency Management Agency has identified special flood
hazard areas within the boundaries of the Town of Denton. 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 flood
losses.
B.
The Town of Denton, by resolution, agreed to meet the requirements
of the National Flood Insurance Program and was accepted for participation
in the program on December 18, 1979. As of the date of the initial
effective date of the Town of Denton Flood Insurance Rate Map, all
development and new construction, as defined herein, are to be compliant
with these regulations.
[Amended 2-5-2015 by Ord.
No. 664]
The Maryland General Assembly, in Md. Code Ann., Land Use Article,
Title 4, has established as policy of the state that the orderly development
and use of land and structures requires comprehensive regulation through
the implementation of planning and zoning control, and that planning
and zoning controls shall be implemented by local government in order
to, among other purposes, secure the public safety, promote health
and general welfare, and promote the conservation of natural resources.
Therefore, the Town Council of Town of Denton does hereby adopt the
following floodplain management regulations.
It is the purpose of these regulations 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 floodplains
are maintained;
L.
Minimize the impact of development on the natural and beneficial
functions of floodplains;
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 (CFR) at 44
CFR 59.22.
[Amended 2-5-2015 by Ord.
No. 664]
These regulations shall apply to all special flood hazard areas within the jurisdiction of the Town of Denton and identified in § 58-5.
A.
For the purposes of these regulations, the minimum basis for establishing
special flood hazard areas and base flood elevations is the Flood
Insurance Study (FIS) for Caroline County, Maryland, and incorporated
areas dated January 16, 2015, or the most recent revision thereof,
and the accompanying Flood Insurance Rate Map(s) (FIRMs) and all subsequent
amendments and revisions to the FIRMs. The FIS and FIRMs are retained
on file and available to the public at the Denton Department of Planning
and Codes.
[Amended 2-5-2015 by Ord.
No. 664]
B.
Where field surveyed topography or digital topography indicates that
ground elevations are below the closest applicable base flood elevation,
even in areas not delineated as a special flood hazard on the FIRM,
the area shall be considered as special flood hazard area.
C.
To establish base flood elevations in special flood hazard areas that do not have such elevations shown on the FIRM, the Floodplain Administrator may provide the best available data for base flood elevations, may require the applicant to obtain available information from federal, state or other sources, or may require the applicant to establish special flood hazard areas and base flood elevations as set forth in §§ 58-13, 58-14 and 58-15 of these regulations.
Subject to the provisions of § 58-47, these regulations are not intended to repeal or abrogate any existing regulations and ordinances, including subdivision regulations, zoning ordinances, building codes, or any existing easements, covenants, or deed restrictions. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall govern.
A.
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, and
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.
B.
These regulations shall not create liability on the part of the Town
of Denton, any officer or employee thereof, the Maryland Department
of the Environment (MDE) or the Federal Emergency Management Agency
(FEMA) for any flood damage that results from reliance on these regulations
or any administrative decision lawfully made hereunder.
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.
