This chapter shall apply to all areas within
the jurisdiction of Town of Sullivan outside the Village of Chittenango.
[Amended 11-10-1988 by L.L. No. 4-1988]
The areas of special flood hazard identified
by the Federal Emergency Management Agency in a scientific and engineering
report entitled "The Flood Insurance Study for the Town of Sullivan,
of Madison County, New York," dated May 15, 1986, with accompanying
Flood Insurance Rate Maps and Flood Boundary-Floodway Maps is hereby
adopted and declared to be a part of this chapter. The Flood Insurance
Study and maps are on file at Town Office Building, Lakeport Road,
Chittenango, New York.
A.
This chapter
is adopted in response to revisions to the National Flood Insurance
Program effective October 1, 1986, and shall supersede all previous
laws adopted for the purpose of establishing and maintaining eligibility
for flood insurance.
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.
No structure 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 Sullivan 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 Town of Sullivan, 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.