[Amended 3-13-2007 by L.L. No. 1-2007]
This chapter shall apply to all areas of special
flood hazard within the jurisdiction of the Village of Hamilton, Madison
County, New York.
[Amended 3-13-2007 by L.L. No. 1-2007]
A. The areas of special flood hazard are identified and
defined on the following documents prepared by the Federal Emergency
Management Agency:
(1) Flood Insurance Rate Map (multiple panels) Index No.
360402 0001-0002C, whose effective date is September 27, 2002.
(2) Flood Insurance Rate Map (single panel) Index No.
360401 0003C from the Town of Hamilton to include lands annexed by
the Village.
(3) A scientific and engineering report entitled "Flood
Insurance Study, Village of Hamilton, New York, Madison County" dated
September 27, 2002.
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: the Village of Hamilton Office Building. 3 Broad Street,
Hamilton, New York 13346.
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 Village of Hamilton 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 §§
82-19 and
82-20 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
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 Village of Hamilton, 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.