(A) Alteration or relocation of watercourse.
(1) No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality, and until all required permits or approvals have first been obtained from the Department of Environmental Protection Regional Office.
(2) No encroachment, alteration or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood carrying capacity of the watercourse in any way.
(3) In addition, FEMA and the state’s Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
(B) Proposed encroachments. When a community proposes to permit the following encroachments:
(1) Any development that causes a rise in the base flood elevations within the floodway;
(2) Any development occurring in Zones A1-30 and Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation; or
(3) Alteration or relocation of a stream, including, but not limited to, installing culverts and bridges, the applicant shall, as per 44 C.F.R. § 65.12:
(a) Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur;
(b) Upon receipt of the Administrator’s conditional approval of map change and prior to approving the proposed encroachments, a community shall provide evidence to FEMA of the adoption of floodplain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition; and
(c) Upon completion of the proposed encroachments, a community shall provide as-built certifications. FEMA will initiate a final map revision upon receipt of such certifications in accordance with 44 C.F.R. part 67.
(C) Compliance. Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this chapter and any other applicable codes, ordinances and regulations.
(Ord. 1534, passed 3-3-2014)