§ 153.068 STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS, FLOODWAYS OR NON-ENCROACHMENT AREAS.
   Within the Special Flood Hazard Areas there are areas designated as Approximate Zone A and established in § 153.022, where no base flood elevation data has been provided by FEMA. In addition to the provisions of §§ 153.065, 153.066 and 153.067, the following provisions shall apply to all development within such areas:
   (A)   No encroachments, including fill, new construction, substantial improvements or new development, except activities listed in § 153.068(A), shall be permitted within a distance of 20 feet each side from top of bank or 5 times the width of the stream, whichever is greater, unless certification, with supporting technical data, by a registered professional engineer is provided, demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
   (B)   The base flood elevation used in determining the regulatory flood protection elevation shall be determined based on the following criteria:
      (1)   When base flood elevation data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this chapter, and shall be elevated or floodproofed in accordance with standards in §§ 153.065 and 153.066.
      (2)   When floodway or non-encroachment data is available from a federal, state, or other source, all new construction and substantial improvements within floodway and non-encroachment areas shall also comply with the requirements of §§ 153.065 and 153.066.
      (3)   All subdivision, manufactured home park and other development proposals shall provide base flood elevation data, if development is greater than 5 acres or has more than 50 lots/manufactured home sites. Such base flood elevation data shall be adopted by reference in accordance with § 153.041, and utilized in implementing this chapter.
      (4)   When base flood elevation data is not available from a federal, state, or other source as outlined above, the reference level shall be elevated or floodproofed (non-residential) to or above the regulatory flood protection elevation, as defined in § 153.020. All other applicable provisions of § 153.066 shall also apply.
(Ord. passed 10-16-2007; Am. Ord. passed 4-15-2008)