[Amended 1-25-2010 by L.L. No. 1-2010]
A. Lands to
which this chapter applies. This chapter shall apply to all areas
of special flood hazard within the jurisdiction of the Village of
Elmsford, Westchester County.
B. Basis for
establishing the areas of special flood hazard.
(1) The
areas of special flood hazard for the Village of Elmsford, Community
Number 360910, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
(a) Flood Insurance Rate Map Panel Numbers 36119C0262, 36119C0266, the
effective date of which is September 28, 2007, and any subsequent
revisions to these map panels that do not affect areas under our community's
jurisdiction.
(b) A scientific and engineering report entitled "Flood Insurance Study,
Westchester County, New York, All Jurisdictions" dated September 28,
2007.
(c) Letter of Map Revision. Case Number 09-02-0767P, amending Panel 36119C0262F
of the Flood Insurance Rate Map, as well as Table 7-Floodway Data
Saw Mill River, of the Flood Insurance Study referenced above.
(2) 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
Office of the Village Clerk, Village Hall, 15 South Stone Avenue,
Elmsford, New York.
The invalidity of any section or provision of
this chapter shall not invalidate any other section or provision thereof.
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 Village of Elmsford 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 of this chapter 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
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 Village of Elmsford, 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.