This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Rhinebeck, Dutchess County. 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.
The areas of special flood hazard for the Town of Rhinebeck, Community Number 361144, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
A. 
Flood Insurance Rate Map Panel Numbers 36027C0127E, 36027C0129E, 36027C0131E, 36027C0132E, 36027C0133E, 36027C0134E, 36027C0137E, 36027C0139E, 36027C0141E, 36027C0142E, 36027C0143E, 36027C0144E, 36027C0151E, 36027C0152E, 36027C0153E, 36027C0154E 36027C0161E, 36027C0162E, 36027C0163E, 36027C0252E, 36027C0256E, 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.
B. 
A scientific and engineering report entitled "Flood Insurance Study, Dutchess County, New York, All Jurisdictions," dated May 2, 2012.
C. 
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 Office of the Town Clerk, Town of Rhinebeck, Town Hall, 80 East Market Street, Rhinebeck, New York 12572.
A. 
This chapter includes all revisions to the National Flood Insurance Program through October 27, 1997, and shall supersede all previous laws adopted by the Town of Rhinebeck 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.
C. 
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. The provisions of this chapter are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this chapter or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Rhinebeck that this chapter would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the chapter or part thereof is held inapplicable had been specifically exempt therefrom.
A. 
This chapter shall be enforced by the designated local administrator and may also be enforced by the Town Building Inspector, the Town Fire Inspector and any police agency having jurisdiction within the Town of Rhinebeck.
B. 
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 in the amount not to exceed $250 or imprisoned for not more than l5 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Rhinebeck 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 of this chapter will be declared noncompliant, and notification thereof will be 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 Rhinebeck, 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.