This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the City of Rensselaer.
The areas of special flood hazard identified by the Federal
Emergency Management Agency in a scientific and engineering report
entitled the "Flood Insurance Study for the City of Rensselaer, of
Rensselaer County, New York," dated September 1979, with accompanying
Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, are
hereby adopted and declared to be a part of this chapter. The Flood
Insurance Study and maps are on file at the Rensselaer Planning and
Development Agency, City Hall, 505 Broadway, Rensselaer, New York
12144.
This chapter is adopted in response to revisions to the National
Flood Insurance Program effected October 1, 1986, and shall supersede
all previous laws adopted for the purpose of establishing and maintaining
eligibility for flood insurance. 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 highest standards shall
govern.
No structure 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 be 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 City of Rensselaer 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 City of Rensselaer, 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.