Areas designated as floodways or non-encroachment areas are located within the Special Flood Hazard Areas established in § 153.022. The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to the standards outlined in §§ 153.065 and 153.066, shall apply to all development within such areas.
(A) No encroachments, including fill, new construction, substantial improvements, manufactured homes and other developments, shall be permitted in a floodway or non-encroachment areas, with the exception of the following activities:
(1) Transportation projects such as roads and bridges, sidewalks, paths and trails;
(2) Public utilities (potable water, and wastewater mains and treatment plants, electric power, telephone, cable television and other transmission lines, natural gas mains, and the like);
(3) Parks and greenways; and
(4) Stream restoration/enhancement projects, provided that such activities satisfy the requirements of division (B) below.
(B) No encroachments shall be permitted unless:
(1) It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Floodplain Administrator, along with a no-rise certificate signed and sealed by a qualified licensed engineer prior to issuance of a floodplain development permit; or
(2) A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR) must also be obtained upon completion of the proposed encroachment.
(C) If division (B) is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this chapter.
(Ord. passed 10-16-2007; Am. Ord. passed 4-15-2008)