Town of Tuxedo, NY Article III General Provisions

§ 53-5 Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Tuxedo, Orange County.

§ 53-6 Basis for establishing areas of special flood hazard.

A. The areas of special flood hazard for the Town of Tuxedo, Community Number 360631, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

(1) Flood Insurance Rate Map Panel Numbers: 36071C0488E, 36071C0489E, 36071C0491E, 36071C0492E, 36071C0493E, 36071C0494E, 36071C0515E, 36071C0601E, 36071C0602E, 36071C0603E, 36071C0604E, 36071C0606E, 36071C0607E, 36071C0608E, 36071C0609E, 36071C0611E, 36071C0612E, 36071C0613E, 36071C0614E, 36071C0616E and 36071C0630E, whose effective date is August 3, 2009, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction.

(2) A scientific and engineering report entitled "Flood Insurance Study, Orange County, New York, All Jurisdictions" dated August 3, 2009.

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 Clerk's office, Town of Tuxedo, One Temple Drive, Tuxedo, New York.

§ 53-7 Interpretation and conflict with other laws.

This chapter includes all revisions to the National Flood Insurance Program through March 20, 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.

§ 53-8 Severability.

The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof.

§ 53-9 Penalties for noncompliance.

A. 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 of this chapter.

B. In addition to or as an alternative to any penalty provided herein or by law, any person who violates this chapter shall be guilty, upon conviction, of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first violation; punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed 15 days, or both, upon conviction of a second violation both of which were committed within a period of five years; and punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both, upon conviction of a third and each subsequent violation all of which were committed within a period of five years. Each day's continued violation shall constitute a separate additional violation.

C. Civil penalties.

(1) In addition to and not in lieu of the above, any person who violates this chapter shall be liable to the Town for a civil penalty in an amount not to exceed $350 for a first violation; in an amount not less than $350 nor more than $700 for a second violation committed within a period of five years of the first violation; and in an amount of not less than $700 nor more than $1,000 for a third and each subsequent violation committed within a period of five years of the first violation. Each day's continued violation shall constitute a separate additional violation.

(2) Civil penalties may be ordered in any action or proceeding by any court of competent jurisdiction, including but not limited to state and federal courts. All penalties shall be paid to the Town.

(3) The judgment amount of any civil penalty ordered pursuant to this section, if not paid, may be assessed and levied against the real property which is the subject of the penalty and collected in the same manner as a real property tax.

D. In addition to and not in lieu of the remedies authorized above, the local administrator or the Town Board may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct or abate any violation or threatened violation or to enforce any provision of this chapter.

E. 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.

§ 53-10 Warning and disclaimer of liability.

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, 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.