This chapter shall apply to all areas of special
flood hazard within the jurisdiction of the Town of Shelter Island.
[Amended 8-21-2009 by L.L. No. 13-2009]
A. The areas of special flood hazard for the Town of
Shelter Island, Community Number 360809, are identified and defined
on the following documents prepared by the Federal Emergency Management
Agency:
(1) Flood Insurance Rate Map panel numbers: 36103C0159H,
36103C0167H, 36103C0176H, 36103C0177H, 36103C0178H, 36103C0179H, 36103C0181H,
36103C0182H, 36103C0183H, 36103C0184H, 36103C0186H, 36103C0187H, 36103C0191H,
36103C0192H, 36103C0193H, 36103C0194H, the effective date of which
is September 25, 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, Shelter Island, New York, Suffolk County," dated
September 25, 2009.
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 office of the Building Inspector, 38 North Ferry
Road, Shelter Island, New York.
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 $250 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 Shelter Island 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
this chapter 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
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 Shelter Island, 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.