This chapter shall apply to all areas of special flood hazard within
the jurisdiction of the Town of Livonia.
A.
The areas of special flood hazard are identified and
defined on the following documents prepared by the Federal Emergency Management
Agency:
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 Hall, Town of Livonia.
C.
In addition to the area defined above, this chapter shall
apply to the area defined as follows: commencing at a point along the high
water mark of the western shore of Conesus Lake at the point where the westerly
corporate limits of the Town of Livonia intersect the western shore of Conesus
Lake, said point being the true point and place of beginning; thence the following
lines and courses:
(1)
Northerly along the westerly corporate limits of the
Town of Livonia to a point located on the northerly highway line of Gray Shores
Road: thence
(2)
Easterly along the northerly highway line of Gray Shores
Road to the point where the northerly highway line of Gray Shores Road turns
north; thence
(3)
Continuing along the westerly highway line of Gray Shores
Road in a general northerly direction to the point of intersection of the
portion of Gray Shores Road as said road curves to the left and runs westerly
to West Lake Road, and Cluny Point Road; thence
(4)
Northerly along the westerly highway line of Cluny Point
Road to the point of intersection of Cluny Point Road and Pebble Beach Road;
thence
(5)
Northerly along the westerly highway line of Pebble Beach
Road to a point directly west of the southerly property line of the parcel
known as 3591 Pebble Beach Road; thence
(6)
Westerly along an extension of the southerly property
line of the property known as 3591 Pebble Beach Road, for an approximate distance
of 250 feet to a point; thence
(7)
Northerly along a line parallel to the westerly highway
line of Pebble Beach Road, as said highway curves to the right or east, as
a constant distance of 250 feet west of the west line of right of Pebble Beach
Road, to the point of intersection of Pebble Beach Road with the southerly
highway line of New York State Route 20A; thence
(8)
Easterly along the southerly highway line of New York
State Route 20A to the point where said southerly line of New York State Route
20A intersects with the westerly highway line of Livingston County Route 6
(East Lake Road); thence
(9)
Southerly along the westerly highway line of East Lake
Road to the southerly boundary of Wilkins Creek; thence
(10)
Westerly along the southerly boundary of Wilkins Creek
to the point of intersection of the southerly boundary of Wilkins Creek with
the center line of the right-of-way of Wilkins Court; thence
(11)
Southerly along the center line of the right-of-way of
Wilkins Court to the point of intersection of Wilkins Court and the center
line of the private road known as Tuxedo Park; thence
(12)
Southerly along the center line of the right-of-way of
Tuxedo Park to the point of intersection of said center line of Tuxedo Park
with the center line of East Lake Road; thence
(13)
Southerly along the center line of East Lake Road to
the point of intersection of the center line of East Lake Road with the southernmost
corporate limits of the Town of Livonia; thence
(14)
Westerly along the southerly corporate limits line of
the Town of Livonia to a point in Conesus Lake where said southerly corporate
limits line of the Town of Livonia intersects with the westerly corporate
limits line of the Town of Livonia; thence
(15)
Northerly along said westerly corporate limits line of
the Town of Livonia to the true point and place of beginning.
A.
This chapter includes all revisions to the National Flood
Insurance Program through September 24, 1994, 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 Livonia 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 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 Livonia, 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.