§ 33-3. Applicability; basis for establishing areas of special flood hazard; interpretation; penalties for offenses; disclaimer of liability.

A. 

Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Brookhaven, Suffolk County, New York.

B. 

Basis for establishing the areas of special flood hazard.

(1) 

The areas of special flood hazard for the Town of Brookhaven, Community Number 365334, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

(a) 

Flood Insurance Rate Map Panel Numbers: 36103C0359H, 36103C0367H, 36103C0369H, 36103C03761-I, 36103C0377H, 36103C0378H, 36103C0379H, 36103C0383H, 36103C0384H, 36103C0390H, 36103C0395H, 36103C0403H, 36103C0404H, 36103C0408H, 36103C0409H, 36103C0415H, 36103C0420H, 36103C0428H, 36103C0437H, 36103C0439H, 36103C0440H, 36103C0443H, 36103C0444H, 36103C0461H, 36103C0462H, 36103C0463H, 36103C0464H, 36103C0660H, 36103C0680H, 36103C0685H, 36103C0690H, 36103C0693H, 36103C0694H, 36103C0695H, 36103C0705H, 36103C0710H, 36103C0713H, 36103C0715H, 36103C0716H, 36103C0717H, 36103C0718H, 36103C0719H, 36103C0730H, 36103C0731H, 36103C0735H, 36103C0736H, 36103C0737H, 36103C0738H, 36103C0739H, 36103C0741H, 36103C0742H, 36103C0743H, 36103C0744H, 36103C0751H, 36103C0752H, 36103C0753H, 36103C0761H, 36103C0763H, 36103C0884H, 36103C0894H, 36103C0895H, 36103C0905H, 36103C0906H, 36103C0907H, 36103C0908H, 36103C0909H, 36103C0911H, 36103C0912H, 36103C0913H, 36103C0914H, 36103C0916H, 36103C0917H, 36103C0926H, 36103C0927H, 36103C0928H, 36103C0929H, 36103C0931H, 36103C0932H, 36103C0933H, 36103C0934H, 36103C0936H, 36103C0951H, 36103C0952H, 36103C0956H, whose effective date is September 25, 2009, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction.

(b) 

A scientific and engineering report entitled "Flood Insurance Study, Suffolk County, New York, All Jurisdictions" dated September 25, 2009.

(c) 

Letter of Map Revision, Case Number 10-02-1850P, amending Panel 36103C0753H of the Flood Insurance Rate Map.

[Added 11-22-2011 by L.L. No. 24-2011, effective 12-6-2011]

(d) 

Letter of Map Revision, Case Number 15-02-0370P, effective July 16, 2015, amending Panel 36103C0751H and Panel 36103C0753H of the Flood Insurance Rate Map, and the Stillwater Elevation Table 6 of the Flood Insurance Study Report, effective September 25, 2009.

[Added 5-21-2015 by L.L. No. 9-2015, effective 6-2-2015]

(2) 

The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and/or maps are on file at the office of the Town Clerk of the Town of Brookhaven, One Independence Hill, Farmingville, New York 11738.

C. 

Interpretation and conflict with other laws.

(1) 

This chapter includes all revisions to the National Flood Insurance Program through October 27, 1997 and shall supersede all previous laws adopted for the purpose of flood damage prevention.

(2) 

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern.

D. 

Severability. The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof.

E. 

Penalties for noncompliance. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Brookhaven from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under § 33-6 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.

F. 

Warning and disclaimer of liability. The degree of flood protection required by this chapter 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. This chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Brookhaven, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.