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Town of Athens, NY
Greene County
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This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Athens, Greene County.
The areas of special flood hazard for the Town of Athens, Community Number 361117, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
Flood Insurance Rate Map Panel Numbers 36039C0258F, 36039C0259F, 36039C0264F, 36039C0266F, 36039C0267F, 36039C0268F, 36039C0269F, 36039C0286F, 36039C0287F, 36039C0288F, 36039C0289F, 36039C0291F, 36039C0293F, 36039C0432F, 36039C0451F, 36039C0452F, whose effective date is May 16, 2008, and any subsequent revisions to these map panels that do not affect areas under the community's jurisdiction.
A scientific and engineering report entitled "Flood Insurance Study, Greene County, New York, All Jurisdictions" dated May 16, 2008.
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 Town Clerk's office, located at 2 First Street, Athens, New York 12015.
This chapter includes all revisions to the National Flood Insurance Program through October 27, 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 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 Athens 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 areas of special flood hazard 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 Athens, 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.