1310.15 FLOODWAYS.

   The Flood Insurance Study referenced in Section 1310.03 identified a segment within areas of special flood hazard known as a floodway. Floodways may also be delineated in other sources of flood information as specified in Section 1310.10(b). The floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential.

   (a)   The following provisions apply with all delineated floodway areas:

      (1)   Prohibit encroachments, including fill, new construction, substantial improvements and other development unless a hydrologic and hydraulic analysis, certified by a professional engineer, demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

      (2)   If subsection (1) hereof is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sections 1310.13 and 1310.14.

      (3)   Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:

         A.   Meet the requirements to submit technical data in Section 1310.16(a);

         B.    An evaluation of alternatives which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;

         C.    Certification that no structures are located in areas which would be impacted by the increased base flood elevation;

         D.   Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and

         E.    Concurrence of the Mayor of Cuyahoga Falls and the Chief Executive Officer of any other communities impacted by the proposed actions.

   (b)   In all areas of special flood hazard where FEMA has provided base flood elevation data as set forth in Section 1310.03, but FEMA has not delineated a floodway, the following provisions apply:

      (1)   New construction, substantial improvements, or other development (including fill) shall only be permitted if it is demonstrated that the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one (1) foot at any point.

      (2)    If Section 1310.15(b)(1) is satisfied, all new construction and substantial improvement shall comply with all applicable flood hazard reduction provisions of Section 1310.13.

      (3)    Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:

         A.    An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;

         B.   Section 1310.15(a)(3)A., B., C., D., E.

            (Ord. 52-2009. Passed 6-8-09.)