This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Town of Delaware, Sullivan County.
The areas of special flood hazard for the Town of Delaware,
Community Number 360818, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
A. Flood Insurance Rate Map panel numbers 36105C0236F, 36105C0237F,
36105C0238F, 36105C0239F, 36105C0241F, 36105C0242F, 36105C0243F, 36105C0244F,
36105C0264F, 36105C0265F, 36105C0268F, 36105C0381F, 36105C0382F, 36105C0401F,
36105C0402F, 36105C0404F, 36105C0410F, whose effective date is February
18, 2011, 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,
Sullivan County, New York, All Jurisdictions," dated February 18,
2011.
C. 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: Office of the Town Clerk, Town of Delaware Town Hall, 104 Main
Street, Hortonville, New York 12745.
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 Town of Delaware from taking such other lawful action as necessary to prevent or remedy an infraction. 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.
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 Delaware, 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.