This chapter shall be known and cited as the "Bath Flood Damage
Prevention Law."
The Constitution of the State of New York and the Municipal
Home Rule Law have delegated the power to local government units to
adopt regulations designed to promote the public health, safety and
general welfare of its citizenry. Therefore, the Town Board of the
Town of Bath has enacted this chapter.
The Town Board of the Town of Bath finds that the potential
and/or actual damages from flooding and erosion may be a problem to
the residents of the Town of Bath and that such damages may include
destruction or loss of private and public housing, damage to public
facilities, both publicly and privately owned, and injury to and loss
of human life. In order to minimize the threat of such damages and
to achieve the purposes and objectives hereinafter set forth, this
chapter is adopted.
It is the purpose of this chapter to promote the public health,
safety and general welfare and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
A. Regulate uses which are dangerous to health, safety and property
due to water or erosion hazards or which result in damaging increases
in erosion or in flood heights or velocities.
B. Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction.
C. Control the alteration of natural floodplains, stream channels and
natural protective barriers which are involved in the accommodation
of floodwaters.
D. Control filling, grading, dredging and other development which may
increase erosion or flood damages.
E. Regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands.
F. Qualify for and maintain participation in the National Flood Insurance
Program.
The objectives of this chapter are to:
A. Protect human life and health.
B. Minimize expenditure of public money for costly flood control projects.
C. Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public.
D. Minimize prolonged business interruptions.
E. Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets and bridges
located in areas of special flood hazard.
F. Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future
flood blight areas.
G. Provide that developers are notified that property is in an area
of special flood hazard.
H. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.