The title of this chapter shall be "Local Law No. 2 of 2009
of the Village of West Hampton Dunes, a Local Law Adopting Regulations
in Accordance with FEMA and 44 CFR 60 and Amending Local Law No. 3
of 1998, A Local Law For Flood Damage Prevention."
This chapter is adopted pursuant to the authority of the Village
of West Hampton Dunes pursuant to the Constitution of the State of
New York, the General Municipal Law, Home Rule Law and Village Law
of the State of New York and the regulations of the Federal Emergency
Management Agency.
This chapter shall be enacted by a vote of the Board of Trustees
of the Village of West Hampton Dunes and the filing of this chapter
with the Secretary of State of the State of New York which shall be
within 20 days of the adoption of this chapter by the Board of Trustees.
The Board of Trustees of the Village of West Hampton Dunes finds
that the potential and/or actual damages from flooding and erosion
may be a problem to the residents of the Village of West Hampton Dunes,
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 amend Local Law 3 of 1998,
the Flood Damage Protection Law of the Village of West Hampton Dunes,
and 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;
and
F.
Qualify and maintain participation in the National Flood Insurance
Program.
The objectives of this chapter are:
A.
To protect human life and health;
B.
To minimize expenditure of public money for costly flood control
projects;
C.
To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
D.
To minimize prolonged business interruptions;
E.
To minimize damage to public facilities and utilities, such as water
and gas mains, electric, telephone, sewer lines, streets and bridges
located in areas of special flood hazard;
F.
To 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.
To provide that developers are notified that property is in an area
of special flood hazard; and
H.
To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
