This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Clarkstown, Rockland County.
A. 
The areas of special flood hazard for the Town of Clarkstown, Community Number 360679, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
(1) 
Flood Insurance Rate Map Panel Numbers 36087C0084G, 36087C0092G, 36087C0094G, 36087C0103G, 36087C0111G, 36087C0112G, 36087C0113G, 36087C0114G, 36087C0116G, 36087C0117G, 36087C0118G, 36087C0119G, 36087C0156G, 36087C0157G, 36087C0158G, 36087C0159G, 36087C0176G, 36087C0177G, 36087C0178G, 36087C0179G, 36087C0181G, 36087C0182G, 36087C0183G, 36087C0184G, whose effective date is March 3, 2014, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction.
(2) 
A scientific and engineering report entitled "Flood Insurance Study, Rockland County, New York, All Jurisdictions" dated March 3, 2014.
(3) 
Letter of map revision, Case Number 13-02-1013P, effective November 19, 2014, amending Panel No. 36087C0159G of the Flood Insurance Rate Map, Flood Insurance Study Profile 73P, and Floodway Data Table 10.
[Added 2-3-2015 by L.L. No. 1-2015]
(4) 
Letter of map revision, Case Number 14-02-1889P, effective February 18, 2015, amending Panel No. 36087C0113G of the Flood Insurance Rate Map.
[Added 2-3-2015 by L.L. No. 1-2015]
(5) 
Letter of map revision, Case Number 15-02-0462P, effective April 19, 2016, amending Panels 36087C0176G and 36087C0177G of the Flood Insurance Rate Map, Flood Insurance Study Profiles 55P and 56P and Floodway Data Table 10.
[Added 5-16-2017 by L.L. No. 4-2017]
(6) 
Letter of map revision, Case Number 16-02-1162P, effective September 15, 2017, amending Panels 36087C0156G and 36087C0157G of the Flood Insurance Rate Map, Flood Insurance Study Profiles 90P and 91P, Floodway Data Table 10 and Summary of Discharges Table 7.
[Added 5-16-2017 by L.L. No. 4-2017]
(7) 
Letter of map revision, Case Number 19-02-0292P, effective September 27, 2019, amending Panels 36087C0159G and 36087C0178G of the Flood Insurance Rate Map, Flood Insurance Study Profiles 72P and 73P.
[Added 9-10-2019 by L.L. No. 12-2019]
B. 
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 Department of Engineering and Facilities Management, 10 Maple Ave - Room 102, New City, NY 10956.
[Amended 12-13-2018 by L.L. No. 9-2018]
A. 
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.
B. 
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.
The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof.
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 $500 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 Clarkstown 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 Article VI will be declared noncompliant and notification will be sent to the Federal Emergency Management Agency.
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 areas of special flood hazard 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 Clarkstown, 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.