A.
The Federal Emergency Management Agency (FEMA) has identified special
flood hazard areas within the boundaries of the Town of Dagsboro.
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.
B.
The Town of Dagsboro, by resolution, agreed to meet the requirements
of the National Flood Insurance Program and was accepted for participation
in the program on June 1, 1981. Subsequent to that date or the initial
effective date of the Town of Dagsboro Flood Insurance Rate Map, all
development and new construction as defined herein, are to be compliant
with the Town of Dagsboro'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.
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 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 CFR
59.22.
These regulations shall apply to all special flood hazard areas within the jurisdiction of the Town of Dagsboro, as identified in § 118-4.
A.
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 Dagsboro 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 Town of Dagsboro, 33134 Main Street, Dagsboro, DE 19939.
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.
In the interpretation and application of these regulations,
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 these regulations 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 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 Dagsboro, 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 thereunder.
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.
