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Town of Orchard Park, NY
Erie County
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Table of Contents
Table of Contents
Code
New Laws (2) Index
This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Orchard Park.
A. 
The areas of special flood hazard are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
(1) 
Flood Insurance Rate maps: 36029C0341H, 360229C0342H, 36029C0343H, 36029C0344H, 36029C0361H, 36029C0362H, 36029C0363H, 36029C0364H, 36029C0481H, 36029C0482H, 36029C0483H, 36029C0484H, 36029C0501H, 36029C0502H, 36029C0503H, 36029C0504H, whose effective date is June 7, 2019, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction.
(2) 
A scientific and engineering report entitled "Flood Insurance Study, Erie County, New York (All Jurisdictions)" dated June 7, 2019.
B. 
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:
Orchard Park Municipal Building
S-4295 South Buffalo Street
Orchard Park, NY 14127
Town Engineering Department
A. 
This chapter includes all revisions to the National Flood Insurance Program through October 27, 1997, and shall supersede all previous laws adopted for the purpose of flood damage prevention.
B. 
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.
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 Town of Orchard Park 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 Section 6.0[1] [2] will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
[1]
Editor's Note: So in original.
[2]
See Article 5, Variance Procedure.
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 damage. This chapter shall not create liability on the part of the Town of Orchard Park, 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 there under.