This chapter shall apply to all areas of special
flood hazard within the jurisdiction of the Town of New Castle, Westchester
County.
A.
The areas of special flood hazard for the Town of
New Castle, Community Number 360921, are identified and defined on
the following documents prepared by the Federal Emergency Management
Agency:
(1)
Flood Insurance Rate Map Panel Numbers 36119C0128F,
36119C0129F, 36119C0132F, 36119C0133F, 36119C0134F, 36119C0136F, 36119C0137F,
36119C0141F, 36119C0142F, 36119C0144F, 36119C0151F, 36119C0153F, 36119C0154F,
36119C0161F, 36119C0162F, 36119C0163F, the effective date of which
is September 28, 2007, 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, 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 office of the Town Engineer, Town of New Castle,
Town Hall, 200 South Greeley Avenue, Chappaqua, New York.
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, ordinances, chapters
or the Town Code, the most restrictive or that imposing the highest
standards shall govern.
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 New Castle 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
areas of special flood hazard 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 New Castle, 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.