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In areas where a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the Banks FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than 1 foot at any point within the community.
(Ord. 2021-08-02, passed 10-12-2021)
Located within areas of special flood hazard established in § 151.368 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
(A) Except as provided in division (C) of this section, prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional civil engineer is provide demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(C) Projects for stream habitat restoration may be permitted in the floodway provided:
(1) The project qualifies for a Department of the Army, Portland District, "Regional General Permit for Stream Habitat Restoration (NWP-2007-1023); and
(2) A qualified professional (a registered professional engineer, or staff of the NRCS; the county or fisheries, natural resources or water resources agencies) has provided a feasibility analysis and certification that the project was designed to keep any rise in the 100-year flood levels as close to zero as practically possible given the goals of the project; and
(3) No structures would be impacted by a potential rise in flood elevation; and
(4) An agreement to monitor the project, correct problems, and ensure that flood carrying capacity remains unchanged is included as part of the local approval.
(Ord. 2021-08-02, passed 10-12-2021)
Shallow flooding areas appear on the FIRM as AO Zones with depth designations. The base flood depths in these zones range from 1 to 3 feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas the following provisions apply.
(A) New construction and substantial improvements of residential structures and manufactured homes within AO Zones shall have the lowest floor (including basement) elevated above the highest grade adjacent to the building, a minimum of one foot above the depth specified on the FIRM (at least 2 feet if no depth number is specified).
(B) New construction and substantial improvements of nonresidential structures within AO Zones shall either:
(1) Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, 1 foot or more above the depth number specified on the FIRM (at least 2 feet if no depth number is specified); or
(2) Together with attendant utility and sanitary facilities, be completely flood proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in § 151.377(B)(3).
(C) Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
(D) Recreational vehicles placed on sites with AO Zones on the community FIRM shall either:
(1) Be on the site for fewer than 180 consecutive days; and
(2) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached elevations; or
(3) Meet the requirements of this section above and the elevation and anchoring requirements for manufactured homes.
(Ord. 2021-08-02, passed 10-12-2021)
Violation of any provision of this chapter is punishable upon conviction by a fine of not more than $100 for each day of violation, where the offense is a continuing offense, but the fine may not exceed $1,000. A fine of not more than $500 where the offense is not a continuing offense.
(Ord. 2021-08-02, passed 10-12-2021)
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