This chapter shall apply to all areas of special flood hazards within
the jurisdiction of the Town of Boston.
[Amended 3-15-89 by L.L. No. 1-1989]
The areas of special flood hazard have been identified by the Federal
Emergency Management Agency in a scientific and engineering report entitled
the "Flood Insurance Study, Town of Boston, New York, Erie County," dated
March 30, 1981, with Flood Insurance Rate Maps enumerated on Map Index No.
360228 0001-0009, dated September 30, 1981, and with accompanying Flood Boundary
and Floodway Maps enumerated on Map Index No. 360228 0001, dated September
30, 1981. The above documents are hereby adopted and declared to be a part
of this chapter and are filed at the Boston Town Hall, 8500 Boston State Road,
Boston, New York.
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 be 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 Boston
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
V 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 Boston, 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.