[Amended 2-13-2017 by L.L. No. 2-2017]
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Town of Wilna.
[Amended 2-23-1998 by L.L. No. 1-1998; 9-12-2011 by L.L. No. 3-2011; 2-13-2017 by L.L. No. 2-2017]
A.
The areas of special flood hazard are identified and defined on the
following documents prepared by the Federal Emergency Management Agency:
(1)
Flood Insurance Rate Map (multiple panels): 360357 0001-0050, whose
effective date is January 16, 1992;
(2)
A scientific and engineering report entitled "Flood Insurance Study,
Town of Wilna, New York, Jefferson County," dated January 16, 1992;
(3)
Flood insurance rate map (single panel): 360339 0001B, whose effective
date is December 18, 1985;
(4)
A scientific and engineering analysis entitled "Flood Insurance Study,
Village of Herrings, New York, Jefferson County," dated December 18,
1985.
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 offices, c/o Code Enforcement Office, 414 State Street, Carthage,
New York 13619.
A.
This chapter includes all revisions to the National Flood Insurance
Program through November 1, 1989, 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.
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 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 Wilna 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, Variance Procedure, 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 Wilna, 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.
