[Amended at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
This chapter provides a unified, comprehensive approach to floodplain zone management which addresses these natural floodplain functions and the federal and state programs concerned with floodplain zone management. These programs are the National Flood Insurance Program (44 CFR 59 et seq.); the Delaware Wetlands and Subaqueous Permits Programs; the U.S. Army Corps of Engineers' Section 10 and 404 (33 U.S.C. §§ 403 and 1344, respectively) Permit Programs; and the Delaware Coastal Management Program. Decisions to alter floodplains, especially floodways and stream channels, should be the result of careful planning processes, which evaluate resource conditions and human needs.
This chapter supersedes any other ordinance in effect in flood-prone areas to the extent that such other ordinance is less restrictive than this chapter. However, any other ordinance shall remain in full force to the extent that its provisions are more restrictive or not related to this chapter.
Any person or entity proposing to do any development within the floodplain zone regulated by this chapter must first obtain a permit for that development from the local permitting agency, and must comply with all provisions of this chapter. A permit shall not be issued, nor a variance granted, to place any structure or fill within the 100-year floodplain of the Town of Delmar. Certain necessary public works may be exempted, provided other requirements of this chapter are met.
If any part of this chapter is declared invalid, the remainder of this chapter shall not be affected and shall remain in force.
The degree of flood protection provided by this chapter is considered reasonable for regulatory purposes and is based on engineering experience and scientific methods of study. Floods of greater magnitude may occur or flood heights may be increased by man-made or natural causes. This chapter does not imply that flooding will not occur outside of the delineated floodplain zone, nor that permitted development and land uses within the floodplain zone will be free of flooding and associated flood damage. This chapter does not create liability on the part of the Town of Delmar, any officer, or employee thereof for any damage which may result from reliance on this chapter.