This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Town of Lyons.
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 Map (multiple panels:) 360891 000-0002, effective
March 16, 1983;
(2)
Flood Boundary and Floodway map (multiple panels): 360891 0001-002,
effective March 16, 1983;
(3)
Flood Insurance Rate Map (multiple panels): 361226 0001-0003B, effective
September 7, 1979; and
(4)
A scientific and engineering report entitled "Flood Insurance Study,
Village of Lyons, New York, Wayne County," dated September 16, 1982.
B.
The above documents are hereby adopted and declared to be part of
this chapter and are on file at the Lyons Town Hall, 43 Phelps Street,
Lyons, New York 14489.
This chapter is adopted in response to revisions to the National
Flood Insurance Program effective October 1, 1986, and shall supersede
all previous laws adopted for the purpose of establishing and maintaining
eligibility for flood insurance. 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.
A.
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 imprisoned for not more than
15 days, or both. Each day of noncompliance shall be considered a
separate offense.
B.
Nothing herein shall prevent the Town of Lyons 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 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 Lyons, 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.
