This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Town of Babylon, Suffolk County.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision thereof.
[Amended 4-27-2022 by L.L. No. 10-2022; 12-20-2023 by L.L. No. 25-2023]
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 be guilty of an offense and shall, upon conviction thereof, be fined not less than $500, and not more than $1,500, or imprisoned for not more than 15 days or both. Each day of noncompliance shall be considered a separate offense. Any person found by the Bureau of Administrative Adjudication to have violated this chapter shall likewise be subject to a monetary penalty of not less than $500 nor more than $1,500. Nothing herein contained shall prevent the Town of Babylon from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not in compliance with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under Article
V will be declared noncompliant and notification 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 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 Babylon, 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.