(A) Prohibition of development in areas susceptible to flooding. Land subject to flooding or otherwise uninhabitable shall not be platted for residential, commercial or industrial uses or for any other use which may increase the danger of health, life, property or aggravate erosion or flood hazards. Such land within the subdivision shall be set aside on the plat for such uses as will not be endangered by periodic or occasional inundation or will not result in conditions contrary to the public welfare (such as use as open space, extensive recreation use and conservation purposes).
(B) Limited development. Areas of land adjacent to streams, rivers or bodies of water which have a high degree of susceptibility to flooding shall be limited to development according to either the flood protection control regulations, if adopted as part of the applicable zoning ordinance, or according to the following regulations.
(1) The limits of the floodplain (areas subject to flooding during the occurrence of a 100-year flood), including elevations of the 100-year flood level along the Ohio and Licking Rivers and certain tributaries thereof, are designated on maps and charts on file in the office of the NKAPC. The limits of the floodway are contained within the floodplain area.
(2) In the case of any subdivision to be developed along the tributaries of the Ohio and Licking Rivers, and located in those areas which are identified as being susceptible to flooding according to the report prepared by the United States Department of the Agriculture, Soil Conservation Service Soil Survey of Boone, Campbell and Kenton Counties, Kentucky, August, 1973, a survey shall be made by a qualified registered civil engineer establishing the elevation of the 100-year flood and floodway for a tributary.
(3) No subdivider in development of a subdivision shall fill any area with earth, debris or any other material or raise the level of any area in any manner, or place a building, barrier or obstruction of any sort on any area located within the floodway which would result in any increase in flood levels during the occurrence of a 100-year flood discharge. Plans and specifications for any work which the subdivider believes will not increase the flood levels shall be submitted to the Northern Kentucky Area Planning Commission and to the Planning Commission’s duly authorized representative (if different) for review and approval to determine if the encroachment will meet the requirements of these regulations. Mobile homes shall be prohibited from being placed within the floodway.
(4) All land in the subdivision which is outside the floodway of the Ohio and Licking Rivers and their tributaries, but located within the floodplain, may be used for any purpose for which it is zoned; provided that, the land is graded in such a manner that any residential construction within the floodplain shall have the lowest floor, which is used for living quarters, elevated to or be above the level of the 100-year flood; and the land is graded in such a manner that any new non-residential structures within the floodplain area shall have the lowest floor elevated to or be above the level of the 100-year flood or together with attendant utility and sanitary facilities shall be designed and flood-proofed so that, below the 100-year flood level, any structures that are anticipated to be constructed are water-tight with walls impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of frequency.
(5) All streets and utilities constructed to serve the subdivision to be located within the floodplain, but which are outside the floodway, shall be: flood protected; the land filled; or any combination thereof, to a level of not less than the elevation of the 100-year flood level. Where the fill is partially within the floodplain, roadway access and utilities shall be provided from the dry side (areas located above the 100-year floodplain).
(C) Stream easement. If a stream flows through or is adjacent to the proposed subdivision, the plat shall provide for a storm water easement or drainage right-of-way along the stream for a floodway of at least ten feet. For the smaller streams, the plat shall provide for channel improvement to enable them to carry all reasonable floods within banks. The floodway easement shall be wide enough to provide for future enlargement of the stream channels as adjacent areas become more highly developed and run-off rates are increased.
(D) Streets. Approval shall not be given for streets within a subdivision which would be subject to flooding. All streets must be located at elevations above a flood of a 100-year frequency in order that no portion of the subdivision would become isolated by floods; except that, where a secondary access is provided which would be above a 100-year flood frequency. However, streets may be permitted in areas subject to flooding of a 100-year frequency provided the streets provide access to activities relating to rivers, streams and recreational activities located along the areas.
(1984 Code, § 157.59) (Ord. O-86-78, passed 8-17-1978)