This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Town of Philipstown, Putnam County,
but outside the Villages of Cold Spring and Nelsonville.
A.
The areas of special flood hazard for the Town of Philipstown, Community
Number 361026, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
(1)
Flood Insurance Rate Map Panel Numbers 36079C0077E, 36079C0078E,
36079C0079E, 36079C0081E, 36079C0082E, 36079C0083E, 36079C0084E, 36079C0086E,
36079C0087E, 36079C0089E, 36079C0091E, 36079C0092E, 36079C0093E, 36079C0094E,
36079C0105E, 36079C0111E, 36079C0177E, 36079C0178E, 36079C0179E, 36079C0181E,
36079C0182E, 36079C0183E, 36079C0184E, whose effective date is March
4, 2013, and any subsequent revisions to these map panels that do
not affect areas under our community's jurisdiction.
(2)
A scientific and engineering report entitled "Flood Insurance Study,
Putnam County, New York, All Jurisdictions" dated March 4, 2013.
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 the Town of Philipstown Town Hall, 238 Main Street, Cold Spring,
NY 10516.
A.
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.
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.
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.
B.
Notices of violation. The local administrator is authorized to order,
in writing, the remedying of any condition or development activity
found to exist in, on or about any building, structure, or land in
violation of this chapter. Upon finding that any such condition or
activity exists, the local administrator shall issue a notice of violation.
The notice of violation shall be in writing; be dated and signed by
the local administrator; specify the condition or activity that violates
this chapter; specify the provision or provisions of the chapter which
is/are violated by the specified condition or activity; specify the
period of time which the local administrator deems to be reasonably
necessary for achieving compliance; direct that compliance be achieved
within the specified period of time; and state that an action or proceeding
to compel compliance may be instituted if compliance is not achieved
within the specified period of time. The local administrator shall
cause the notice of violation, or a copy thereof, to be served on
the owner of the affected property personally or by certified mail.
The local administrator shall be permitted, but not required, to cause
the notice of violation, or a copy thereof, to be served on any builder,
architect, tenant, contractor, subcontractor, construction superintendent,
or their agents, or any other person taking part or assisting in work
being performed at the affected property personally or by certified
mail; provided, however, that failure to serve any person mentioned
in this sentence shall not affect the efficacy of the notice of violation.
C.
Failure to comply with a written order and/or notice of violation
from the local administrator is a separate violation of this chapter.
D.
Any infraction of the provisions of this chapter by failure to comply
with any notice or order and 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 $1,000 or imprisoned
for not more than 15 days, or both. Each day of noncompliance shall
be considered a separate offense.
E.
Nothing herein contained shall prevent the Town of Philipstown 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 Philipstown, 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.
