(a) All development along rivers and streams where base flood elevation (BFE) data are provided by FEMA or are available from another source, but neither floodway nor non-encroachment areas are identified for a special flood hazard area on the FIRM, or in the FIS report, shall comply with the standards contained within sections 14-72 and 14-73.
(b) Furthermore, until a regulatory floodway or non-encroachment area is designated, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the town's planning jurisdiction.
(Code 1989, § 95.044)