This chapter shall apply to all areas of special
flood hazard within the jurisdiction of the Village of Port Chester.
A.
The areas of special flood hazard for the Village
of Port Chester, Community Number 360928, are identified and defined
on the following documents prepared by the Federal Emergency Management
Agency:
(1)
Flood Insurance Rate Map Panel Numbers 36119C0293F,
36119C0294F, 36119C0356F, whose effective date is September 28, 2007,
and any subsequent revisions to these map panels that do not affect
areas under the Village's jurisdiction.
(2)
A scientific and engineering report entitled "Flood
Insurance Study, Westchester County, New York, All Jurisdictions"
dated September 28, 2007.
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 Village Clerk's office.
A.
This chapter includes all revisions to the National
Flood Insurance Program through March 20, 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 local laws, the
most restrictive, or that imposing the higher standards, shall govern.
C.
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 not more than $1,000 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 Port Chester 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 Port Chester, 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.