This chapter shall apply to all areas of special flood hazard within
the jurisdiction of the Town of Horseheads, Chemung County, New York.
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 Horseheads 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 area will be free from flooding or flood damages. This chapter
shall not create liability on the part of the Town of Horseheads, 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.