This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Lansing, Tompkins County, New York.
A.
The areas of special flood hazard for the Town of Lansing, Community Number 360852 are identified and defined on the following documents prepared by the Federal Emergency Management Agency.
(1)
Flood Insurance Rate Map Panels: 36109C0009D, 36109C0013D, 36109C0020D, 36109C0040D, 36109C0056D, 36109C0057D, 36109C0059D, 36109C0076D, 36109C0077D, 36109C0078D, 36109C0079D, 36109C0081D, 36109C0082D, 36109C0083D, 36109C0084D, 36109C0086D, 36109C0087D, 36109C0091D, 36109C0092D, 36109C0093D, 36109C0094D, 36109C0105D, 36109C0115D, 36109C0182D, 36109C0201D, 36109C0202D, whose effective date is June 18, 2025.
(2)
A scientific and engineering report entitled "Flood Insurance Study, Tompkins County, New York, (All Jurisdictions)," dated June 18, 2025.
B.
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: Lansing Town Hall, 29 Auburn Rd, Lansing NY, 14882.
A.
This chapter includes all revisions to the National Flood Insurance Program through June 26, 2001, and shall supersede all previous laws adopted for the purpose of flood damage prevention.
B.
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.
The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof.
A.
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. The following are violations of this chapter: (i) any act or failure to act in violation of, or non-compliance with, the requirements of this chapter; and (ii) any act or failure to act in violation of, or non-compliance with, the terms and conditions of any permit, stop-work order, or certificate of compliance issued under this chapter.
B.
The violation of this chapter shall be a criminal offense classified as a "violation," punishable by a monetary fine of not less than $100 nor more than $500, or imprisonment for not more than 15 days, or both. Each day of noncompliance may be charged as, and shall be considered, a separate offense. Each conviction of each offense shall be separately sentenced under law. In addition:
(1)
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 non- compliant and notification sent to the Federal Emergency Management Agency and each and all remedies and rights provided to the Town under this section shall be cumulative, and the Town's pursuit of any one right or remedy does not effect a waiver or an election of remedies, and the Town may thereafter pursue or continue to pursue any other right or remedy it may have in law, equity, or in admiralty, whether simultaneously or sequentially; and
(2)
Any violation of or noncompliance with this chapter may also and separately result in the termination, modification, or revocation of any permits or approvals as issued, the refusal of the Town to issue any approvals, endorsements, certifications, building permits, certificates of occupancy, certificates of compliance, and any similar or other document or approval, until the applicant or person rectifies and cures each and all such violations; and
(3)
Until the violation or noncompliance is abated, the Town may suspend any review or other proceedings in relation to any pending matters, permit approvals, or land use reviews or approvals; and
(4)
Any person who has been in violation of this chapter may also be required to restore or repair any land to its undisturbed condition and any repair, remediation, or removal not undertaken in compliance with an order of the Town may be undertaken, after due notice, by the Town, with the cost of the same to be paid by the applicant or landowner and to become a lien upon the subject real property until paid, and the Town may also commence any one or more civil proceedings in any court of competent jurisdiction to recover the costs of such remediation, removal, repair, or restoration, together with all consequential and incidental losses, costs, expenses, and damages, including reasonable attorneys' and experts' fees.
C.
For purposes of this chapter, the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with common law and the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction. Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may also bring an action to enjoin and restrain the continuation of such violation and in any such action preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules and the Town shall not be required to: (i) post any bond or undertaking; (ii) prove that there is or will likely be irreparable harm; or (iii) prove that the Town has no adequate remedy at law. In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any criminal convictions and sentences.
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 Lansing 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.