This chapter shall be known as the "Floodplain Management Law of the Town of Milo," hereinafter referred to as "this chapter."
The Town Board finds that the potential and/or actual damage(s) from flooding and erosion may be a problem to the residents of the Town and that such damage(s) may include: 1) destruction or loss of private and public housing; and 2) damage to public facilities, both publicly and privately owned; and 3) injury to and loss of human life. For these reasons, this chapter is adopted to minimize the threat of such damage(s) and to achieve the purposes and objectives hereinafter set forth.
It is the purpose of this chapter to protect and promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
A. 
Regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; and
B. 
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; and
C. 
Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters; and
D. 
Control filling, grading, dredging and other development which may increase erosion or flood damage(s); and
E. 
Regulate the construction of flood barriers which will unnaturally divert floodwater(s), or which may increase flood hazards to other lands; and
F. 
Qualify and maintain for participation in the National Flood Insurance Program.
The objectives of this article are:
A. 
To protect human life and health; and
B. 
To minimize expenditure of public money for costly flood control projects; and
C. 
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; and
D. 
To minimize prolonged business interruptions; and
E. 
To minimize damage to public facilities and utilities such as but not limited to water and gas mains, electricity, telephone, sewer lines, streets and bridges located in areas of special flood hazard; and
F. 
To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; and
G. 
To provide that an owner and owner's agent are notified that property is in an area of special flood hazard; and
H. 
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
The provisions of this chapter apply to all land, structures and/or uses that are in areas of special flood hazard within the Town, which are outside the Village.
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 damage. Lastly, this chapter shall not create liability on the part of the Town, any consultant, officer and/or employee thereof, NYSDEC and/or FEMA for any flood damage that result from reliance on this chapter, or any administrative decision lawfully made thereunder.
This chapter is adopted pursuant to Article IX, Section 2 of the Constitution of NYS and Article 36 of the Environmental Conservation Law of NYS.