This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Village of Menands, Albany County.
A.
The areas of special flood hazard for the Village of Menands, Community
Number 360012, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
(1)
Flood Insurance Rate Map Panel Numbers 360001C0184D, 360001C0203D,
360001C0204D, 360001C0211D, 360001C0212D, whose effective date is,
March 16, 2015, 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,
Albany County, New York, All Jurisdictions" dated March 16, 2015.
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: Village Office, 250 Broadway, Menands, NY 12204.
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.
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 Menands 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 Section 6.0 will be declared
non-compliant 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 Menands 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.