Town of Pleasant Valley, NY Article II General Provisions

§ 50-5 Applicability.

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Pleasant Valley, Dutchess County.

§ 50-6 Basis for establishing areas of special flood hazard.

A. The areas of special flood hazard for the Town of Pleasant Valley, Community Number 360221, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

(1) Flood Insurance Rate Map Panel Numbers: 36027C0279E, 36027C0280E, 36027C0289E, 36027C0290E, 36027C0291E, 36027C0292E, 36027C0293E, 36027C0294E, 36027C0315E, 36027C0376E, 36027C0377E, 36027C0381E, 36027C0385E, 36027C0401E, whose effective date is May 2, 2012, 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, Dutchess County, New York, All Jurisdictions" dated May 2, 2012.

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: Pleasant Valley Town Hall, 1554 Main Street, Route 44, Pleasant Valley, New York 12569.

§ 50-7 Interpretation; conflict with other provisions.

A. This chapter includes all revisions to the National Flood Insurance Program through October 27, 1997, and shall supersede and replace 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.

§ 50-8 Penalties for noncompliance.

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. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be punishable by a fine, or imprisonment for not more than 15 days, or both. Fines for violation of this chapter shall be as follows: $250 for a first offense, $350 for a second offense, $450 for a third offense and all subsequent offenses. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Pleasant Valley 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 V will be declared noncompliant and notification sent to the Federal Emergency Management Agency.

B. For violation of any provision of this chapter, the Town, as authorized by § 268 of the New York State Town Law, may pursue either the remedy of injunctive relief set forth in Subsection B(1) below, or the enforcement of the penalties set forth in Subsection B(2) below. Such remedies are not mutually exclusive and may be pursued by the Town simultaneously.

(1) The Town may initiate an action in Supreme Court for injunctive relief whenever such injunctive relief maybe necessary to prevent any further violation of this chapter or any threatened and imminent violation of this chapter.

(2) The Town may initiate an action in Justice Court for violation of this chapter. Conviction of such violation shall be deemed a misdemeanor and shall be punishable as set forth in Subsection A(1) above.

C. All costs of the remedy granted, whether injunctive or punitive, shall be the liability of the violator and may be recovered accordingly if incurred by the Town. The Town Clerk shall promptly present the owner(s) of the affected property, and permit holder, if different, with a bill for the actual costs incurred by the Town pursuant to this chapter. Failure to pay such charges in full within 30 days of the date of the Town Clerk's notice shall result in addition of the charges to the tax bill for the property and same shall become a lien against the property, collectible in the same manner as delinquent Town taxes.

§ 50-9 Warning and disclaimer of liability.

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 Pleasant Valley, 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.