This chapter shall apply to all areas of special
flood hazard within the jurisdiction of the City of Ithaca.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
The areas of special flood hazard identified
by the Federal Emergency Management Agency in a scientific and engineering
report entitled the "Flood Insurance Study for the City of Ithaca,
of Tompkins County, New York," dated March 30, 1981, with accompanying
Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, are
hereby adopted and declared to be a part of this chapter. The Flood
Insurance Study and maps are on file at the Department of Planning,
Building and Development of the City of Ithaca.
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
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 City of Ithaca 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 will be 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 human-made
or natural causes. This chapter does not imply that land outside the
areas of special flood hazard 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 City of Ithaca, 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.
