§ 154.104 FLOOD HAZARD AREAS ON TRIBUTARIES AND RIVERS.
   All floodway and flood-fringe areas located within the subdivision shall be protected and improved by the developer as follows.
   (A)   All floodways shall be designated as flowage easements and shall be maintained as permanent open space for use for private recreation or agriculture for which no buildings or structures are required or dedicated to the public for drainage, recreation, and utility use.
   (B)   All flood-fringe areas shall be planned for uses which are permitted in the flood-fringe area of the Zoning Ordinance, and in no case shall the proposed use or construction cause a displacement of floodwater in the flood-fringe that will increase flooding in other areas of the floodway or flood- fringe.
   (C)   When it is determined by the Town Engineer that the development of the subdivision will significantly increase runoff in the flood hazard area or will otherwise adversely affect stormwater runoff, the Planning Commission may require any or all of the following to the extent needed to reduce the adverse affects of the development.
      (1)   The design and installation of stormwater detention basins and flow retardation structures to control the rate of runoff may be required within or outside the subdivision.
      (2)   The existing floodway lying within or immediately adjacent to the subdivision shall be cleaned to provide for the free flow of water, and the channel shall be straightened, widened, and improved to the extent required to prevent overflow beyond the limits of the floodway.
      (3)   Site improvement shall provide for the grading of all building sites and streets to an elevation where all lots, building areas, and streets will not be subject to overflow and in a manner that will provide for the rapid runoff of all rainfall; however, such improvements shall be carried out in a manner that will preserve and protect large trees and attractive physical features of the area.
      (4)   Whenever channel improvement are carried out, sodding, back-sloping, cribbing, and other bank protection shall be designed and constructed to control erosion for all the anticipated conditions of flow for the segment of channel involved.
      (5)   A drainage channel shall not be located in a street easement unless it is placed in an enclosed storm sewer or unless a paved street surface is provided on both sides of a paved channel to give access to abutting properties.
      (6)   Culverts, bridges, and other drainage structures shall be constructed in accordance with the specifications of the town at all locations where drainage channels intersect with continuous streets or alleys.
(Prior Code, § 18-140)