This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Town of Tuxedo, Orange County.
A.
The areas of special flood hazard for the Town of Tuxedo, Community
Number 360631, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
(1)
Flood Insurance Rate Map Panel Numbers: 36071C0488E, 36071C0489E,
36071C0491E, 36071C0492E, 36071C0493E, 36071C0494E, 36071C0515E, 36071C0601E,
36071C0602E, 36071C0603E, 36071C0604E, 36071C0606E, 36071C0607E, 36071C0608E,
36071C0609E, 36071C0611E, 36071C0612E, 36071C0613E, 36071C0614E, 36071C0616E
and 36071C0630E, whose effective date is August 3, 2009, 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,
Orange County, New York, All Jurisdictions" dated August 3, 2009.
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: Town Clerk's office, Town of Tuxedo, One Temple Drive, Tuxedo,
New York.
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. 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.
A.
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 of this chapter.
B.
In addition to or as an alternative to any penalty provided herein
or by law, any person who violates this chapter shall be guilty, upon
conviction, of a violation punishable by a fine not exceeding $350
or imprisonment for a period not to exceed 15 days, or both, for conviction
of a first violation; punishable by a fine not less than $350 nor
more than $700 or imprisonment for a period not to exceed 15 days,
or both, upon conviction of a second violation both of which were
committed within a period of five years; and punishable by a fine
not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both, upon conviction of a third and
each subsequent violation all of which were committed within a period
of five years. Each day's continued violation shall constitute a separate
additional violation.
C.
Civil penalties.
(1)
In addition to and not in lieu of the above, any person who violates
this chapter shall be liable to the Town for a civil penalty in an
amount not to exceed $350 for a first violation; in an amount not
less than $350 nor more than $700 for a second violation committed
within a period of five years of the first violation; and in an amount
of not less than $700 nor more than $1,000 for a third and each subsequent
violation committed within a period of five years of the first violation.
Each day's continued violation shall constitute a separate additional
violation.
(2)
Civil penalties may be ordered in any action or proceeding by any
court of competent jurisdiction, including but not limited to state
and federal courts. All penalties shall be paid to the Town.
(3)
The judgment amount of any civil penalty ordered pursuant to this
section, if not paid, may be assessed and levied against the real
property which is the subject of the penalty and collected in the
same manner as a real property tax.
D.
In addition to and not in lieu of the remedies authorized above,
the local administrator or the Town Board may institute any appropriate
action or proceeding to prevent, restrain, enjoin, correct or abate
any violation or threatened violation or to enforce any provision
of this chapter.
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, 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.