This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Newburgh, Orange County.
[Amended 5-20-2013 by L.L. No. 4-2013]
The areas of special flood hazard for the Town of Newburgh, Community Number 360627, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
Flood Insurance Rate Map Panel Numbers: 36071C0107E, 36071C0109E, 36071C0120E, 36071C0126E, 36071C0127E, 36071C0128E, 36071C0129E, 36071C0131E, 36071C0133E, 36071C0134E, 36071C0136E, 36071C0137E, 36071C0138E, 36071C0139E, 36071C0141E, 36071C0142E, 36071C0143E, 36071C0144E, 36071C0161E, 36071C0163E, 36071C0330E, 36071C0331E, 36071C0332E, 36071C0351E 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.
A scientific and engineering report entitled "Flood Insurance Study, Orange County, New York, All Jurisdictions," dated August 3, 2009.
Letter of Map Revision, Case Number 12-02-0928P, effective July 16, 2013, revising FIRM Panels 36071C0137E and 36071C0139E, Flood Insurance Study Floodway Data Table 10, and Stream Profiles 33P-35P.
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 of Newburgh Code Compliance Department, 308 Gardnertown Road, Newburgh, New York 12550, or such other address as the Code Compliance Department may relocate to from time to time.
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, ordinances or local laws, 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 Newburgh 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 Newburgh, 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.