Village of Phoenix, NY Article III General Provisions

§ 102-4 Applicability; basis for establishing areas of special flood hazard; interpretation; penalties for offenses; liability.

A. Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Village of Phoenix, Oswego County.

B. Basis for establishing the areas of special flood hazard.

(1) The areas of special flood hazard for the Village of Phoenix, Community Number 360658, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

(a) Flood Insurance Rate Map Panel Numbers: 36075C0627G and 36075C0631G, whose effective date is June 18, 2013, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction.

(b) A scientific and engineering report entitled "Flood Insurance Study, Oswego County, New York, All Jurisdictions," dated June 18, 2013.

(2) 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 office of the Village Clerk, Village of Phoenix, 3125 East Avenue, Phoenix, New York, 13036.

C. Interpretation and conflict with other laws. This chapter includes all revisions to the National Flood Insurance Program through October 27, 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.

D. Severability. If any clause, sentence, paragraph, subdivision, section or part of this chapter or the application thereof to any person, individual, corporation, firm, partnership, entity or circumstances is adjudged invalid, illegal or unconstitutional by any court of competent jurisdiction, such order or judgment shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this chapter or in its application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances. Further, in adjudging such invalid, illegal or unconstitutional provision, the court shall attempt to modify same to a provision which is not invalid, illegal or unconstitutional and which best achieves the intent of the invalid provision.

E. Penalties for noncompliance. 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 Phoenix from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not complaint 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 of this Chapter 102 will be declared noncompliant, and notification will be sent to the Federal Emergency Management Agency.

F. 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 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 Phoenix, 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.