This chapter shall apply to all areas of special flood hazard within the jurisdictions of the Village of Brightwaters, Suffolk County, New York.
A. 
The areas of special flood hazard for the Village of Brightwaters, Community No. 361342, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
[Amended 6-1-2009 by L.L. No. 3-2009]
(1) 
A scientific and engineering report entitled "Flood Insurance Study, Suffolk County, New York (all jurisdictions)," dated September 25, 2009.
(2) 
Flood Insurance Rate Map Panel Numbers 36103C0859H, 36103C0860H and 36103C0878H, 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.
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 Incorporated Village of Brightwaters, Village Office, 40 Seneca Drive, Brightwaters, New York 11718.
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.
[Amended 6-1-2009 by L.L. No. 4-2009]
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.
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 Village of Brightwaters 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 Article VI 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 Village of Brightwaters, 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.