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
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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.
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.