This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Philipstown, Putnam County, but outside the Villages of Cold Spring and Nelsonville.
A. 
The areas of special flood hazard for the Town of Philipstown, Community Number 361026, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
(1) 
Flood Insurance Rate Map Panel Numbers 36079C0077E, 36079C0078E, 36079C0079E, 36079C0081E, 36079C0082E, 36079C0083E, 36079C0084E, 36079C0086E, 36079C0087E, 36079C0089E, 36079C0091E, 36079C0092E, 36079C0093E, 36079C0094E, 36079C0105E, 36079C0111E, 36079C0177E, 36079C0178E, 36079C0179E, 36079C0181E, 36079C0182E, 36079C0183E, 36079C0184E, whose effective date is March 4, 2013, 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, Putnam County, New York, All Jurisdictions" dated March 4, 2013.
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 Town of Philipstown Town Hall, 238 Main Street, Cold Spring, NY 10516.
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.
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.
B. 
Notices of violation. The local administrator is authorized to order, in writing, the remedying of any condition or development activity found to exist in, on or about any building, structure, or land in violation of this chapter. Upon finding that any such condition or activity exists, the local administrator shall issue a notice of violation. The notice of violation shall be in writing; be dated and signed by the local administrator; specify the condition or activity that violates this chapter; specify the provision or provisions of the chapter which is/are violated by the specified condition or activity; specify the period of time which the local administrator deems to be reasonably necessary for achieving compliance; direct that compliance be achieved within the specified period of time; and state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The local administrator shall cause the notice of violation, or a copy thereof, to be served on the owner of the affected property personally or by certified mail. The local administrator shall be permitted, but not required, to cause the notice of violation, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the notice of violation.
C. 
Failure to comply with a written order and/or notice of violation from the local administrator is a separate violation of this chapter.
D. 
Any infraction of the provisions of this chapter by failure to comply with any notice or order and 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 $1,000 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense.
E. 
Nothing herein contained shall prevent the Town of Philipstown 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 Philipstown, 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.