§ 190-162. General provisions.

A. 

Lands to which this article applies. This article shall apply to all areas of special flood hazard within the jurisdiction of the City of Lockport, Niagara County.

B. 

Basis for establishing the areas of special flood hazard.

(1) 

The areas of special flood hazard for the City of Lockport, Community No. 360503, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

(a) 

Flood Insurance Rate Map Panel Nos. 36063C0229E, 36063C0233E, 36063C0236E, 36063C0237E, 36063C0238E, 36063C0239E, 36063C0241E, 36063C0243E; the effective date of which is September 17, 2010, 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, Niagara County, New York, All Jurisdictions" and dated September 17, 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 at: Lockport Municipal Building, Building Department, One Locks Plaza, Lockport, New York 14094.

C. 

Interpretation and conflict with other laws.

(1) 

This article 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.

(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, or ordinances, the most restrictive, or that imposing the higher standards, shall govern.

D. 

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 $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 City of Lockport 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 § 190-165 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.

E. 

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 Lockport, 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.