This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Village of Highland Falls, Orange County.
A.
The areas of special flood hazard for the Village of Highland Falls,
Community Number 361453, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
(1)
Flood Insurance Rate Map Panel Numbers 36071C0363E, 36071C0364E,
36071C0526E, 36071C0527E, 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 the Village Clerk's office, Village of Highland Falls, 303
Main Street, Highland Falls, New York.
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.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision thereof.
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 of 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
of 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 Village for a civil penalty in
an amount not to exceed $350 for a first violation; in an amount of
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 Village.
(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 Board of Trustees 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.
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 Village, 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.