This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Town of Martinsburg
[Amended 10-10-1991 by L.L. No. 1-1991]
A.
The areas of special flood hazard have been identified by the Federal
Emergency Management Agency on Flood Insurance Rate Maps enumerated
on Map Index No. 360372 01-07, dated June 19, 1985.
B.
The above documents are hereby adopted and declared to be a part
of this chapter and are filed at the Town Clerk's Office, Town
Hall, Route 26, Martinsburg, New York.
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, morals, safety, or the general 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.
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms
of this chapter and other applicable regulations. Violation of the
provisions of this chapter by failure to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Any person
who violates this chapter or fails to comply with any of its requirements
shall, upon conviction thereof, be fined not more than $250. Each
week such violation continues shall constitute a separate violation.
Violator shall pay all costs and expenses involved in the case. Nothing
herein contained shall prevent the Town of Martinsburg from taking
such other lawful action as necessary to prevent or remedy a violation.
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 Martinsburg any officer or employee thereof
or the Federal Insurance Administration, for any flood damages that
result from reliance on this chapter or any administrative decision
lawfully made thereunder.
