Within the special flood hazard areas established in section 14-7, where no base flood elevation (BFE) data have been provided by FEMA, the provisions contained herein shall apply in addition to those contained in section 14- 72.
(1) No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of 20 feet each side from top of bank or five 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.
(2) The BFE used in determining the regulatory flood protection elevation shall be determined based on the following criteria:
a. When base flood elevation (BFE) data are available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of these regulations and shall be elevated or floodproofed in accordance with the standards in sections 14-72 and 14-73.
b. When floodway or non-encroachment area data are 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 this section and sections 14-73, 14-75 and 14-76.
c. All subdivision, manufactured home park and other development proposals shall provide base flood elevation (BFE) data if the development is greater than five acres or has more than 50 lots/manufactured home sites. Such BFE data shall be adopted by reference in accordance with section 14-73 and utilized in implementing this article.
d. When BFE data are not available from a federal, state, or other source, as outlined in subsection (2)a of this section, the reference level shall be elevated or floodproofed (nonresidential) to or above the regulatory flood protection elevation, as defined in section 14-5. All other applicable provisions of section 14-73 shall also apply.
(Code 1989, § 95.043)