This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Town of North Hempstead, Nassau County.
A.
The
areas of special flood hazard for the Town of North Hempstead, Community
No. 360482, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
(1)
Flood Insurance Rate Map Panel Numbers 36059C0012G, 36059C0013G,
36059C0014G, 36059C0016G, 36059C0018G, 36059C0082G, 36059C0084G, 36059C0092G,
36059C0101G, 36059C0102H, 36059C0103G, 36059C0104G, 36059C0106G, 36059C0107G,
36059C0108G, 36059C0109G, 36059C0111G, 36059C0112G, 36059C00113G,
36059C0114G, 36059C0116G, 36059C0117G, 36059C0118G, 36059C0119G, 36059C0128G,
36059C0140G, 36059C0145G, 36059C0205G, 36059C0210G, 36059C0226G, 36059C0227G,
whose effective date is September 11, 2009, 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,
Nassau County, New York, All Jurisdictions," dated September 11, 2009.
(3)
Letter of Map Revision, Case Number 19-02-1366P, effective November
20, 2020, amending Panel 36059C0109G of the Flood Insurance Rate Map.
[Added 2-24-2021 by L.L. No. 2-2021]
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 Town
Hall, 220 Plandome Road, Manhasset, New York.
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.
A.
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.
B.
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.
C.
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.
D.
Each
day of noncompliance shall be considered a separate offense.
E.
Nothing
herein contained shall prevent the Town of North Hempstead from taking
such other lawful action as necessary to prevent or remedy an infraction.
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 North Hempstead, 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.