This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Town of Marion.
The areas of special flood hazard identified by the Federal
Insurance Administration on its Flood Hazard Boundary Map (FHBM),
and Flood Insurance Rate Map (FIRM) NO. 361446-A dated July 9, 1976,
and any subsequent amendments thereto is hereby adopted and declared
to be a part of this chapter. The FHBM and FIRM are on file at the
Town Clerk's office, Marion, New York.
A.Â
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.Â
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.
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. Nothing herein contained shall prevent the Town of Marion 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 Marion, 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.
