This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Town of Austerlitz.
The areas of special flood hazard identified by the Federal
Insurance Administration on its Flood Hazard Boundary Map (FHBM) or
Flood Insurance Rate Map (FIRM) No. 361385A (01-04), dated January
18, 1985, are hereby adopted and declared to be a part of this chapter.
The FHBM or FIRM is on file at the Austerlitz Town Clerk's office
and the Columbia County Planning Department.
A.
This chapter is adopted in response to revisions to the National
Flood Insurance Program, effective October 1, 1986, and shall supersede
all previous laws adopted for the purpose of establishing and maintaining
eligibility for flood insurance.
B.
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.
A.
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 imprisoned for not more than
15 days, or both. Each day of noncompliance shall be considered a
separate offense.
B.
Nothing
herein contained shall prevent the Town of Austerlitz from taking
such other lawful action as necessary to prevent or remedy an infraction.
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 of Austerlitz, 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.