A. 
The Federal Emergency Management Agency (FEMA) has identified special flood hazard areas within the boundaries of the Town of Fenwick Island. 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 Fenwick Island, by resolution, agreed to meet the requirements of the National Flood Insurance Program and was accepted for participation in the program on March 23, 1973. Subsequent to that date or the initial effective date of the Town of Fenwick Island Flood Insurance Rate Map, all development and new construction as defined herein are to be compliant with the Town of Fenwick Island'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 Fenwick Island, as identified in § 88-4.
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 Fenwick Island 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 Building Official's office, Fenwick Island Town Hall, 800 Coastal Highway, Fenwick Island, Delaware 19944.
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 Fenwick Island, 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.