§ 111-32. General Provisions.

A. 

Lands to which this article applies. This article shall apply to all areas of special flood hazard within the unincorporated area of the City of New Rochelle, Westchester County.

B. 

Basis for Establishing areas of Special Flood Hazard.

(1) 

The areas of special flood hazard for the City of New Rochelle, Community Number 360922, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

(a) 

Flood Insurance Rate Map Panel Numbers 36119C0331F, 36119C0332F, 36119C0333F, 36119C0334F, 36119C0341F, 36119C0342F, 36119C0343F, 36119C0344F, whose effective date will be 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," whose effective date will be September 28, 2007.

(c) 

Letter of Map Revision, Case Number 10-02-0162P, amending Panel 36119C0344F of the Flood Insurance Rate Map.

[Added 11-16-2010 by L.L. No. 5-2010]

(2) 

The above documents are hereby adopted and declared to be a part of this article. The Flood Insurance Study and/or maps are on file in the Department of Public Works.

C. 

Interpretation and Conflict with Other Laws.

(1) 

This article shall supersede all previous laws adopted for the purpose of flood damage prevention.

(2) 

In their interpretation and application, the provisions of this article shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this article are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, or local laws, the most restrictive, or that imposing the higher standards, shall govern.

D. 

Severability. The invalidity of any section or provision of this article shall not invalidate any other section or provision thereof.

E. 

Penalties for Noncompliance. 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 article and any other applicable regulations. Any infraction of the provisions of this article 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 article or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $2,500 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 New Rochelle from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this article for which the developer and/or owner has not applied for and received an approved variance under § 111-35 will be declared noncompliant and notification shall be sent to the Federal Emergency Management Agency.

F. 

Warning and Disclaimer of Liability. The degree of flood protection required by this article 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 article 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 article shall not create liability on the part of the City of New Rochelle, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.