(A) Within any floodway area, no encroachments, including fill, new construction, substantial improvements or other development, shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the town during the occurrence of the base flood discharge. The resultant engineering study shall include a cover letter, signed and sealed by the responsible professional, providing a statement of findings in basic terms. In addition, studies, analyses, computations and the like shall be submitted in sufficient detail to allow a thorough technical review by the Floodplain Administrator.
(B) Because floodways present increased risks to human life and property due to their relatively faster and deeper flowing waters, the floodway shall be preserved to the greatest extent possible.
(1) New development shall not be permitted in the floodway where reasonable alternatives exist elsewhere. In addition to the requirements below, the applicant shall demonstrate that there are no reasonable alternatives other than the floodway encroachment before a permit is issued.
(2) When the floodway is the only reasonable alternative, the applicant shall demonstrate that the floodway encroachment is the minimum necessary to accomplish the project.
(3) All permitted uses, activities and development shall be undertaken in strict compliance with the flood-proofing and related provisions contained herein and in all other applicable codes, ordinances and regulations.
(4) In special flood hazard areas for which no regulatory floodway has been designated, the regulatory floodway for a small, single-lot development not incorporating significant amounts of fill can, at the discretion of the town, be determined to be the channel of the stream and the adjacent land areas to a distance of one-half the width of the special flood hazard area as measured from the top of the bank nearest the site to the upland limit of the 1% annual chance special flood hazard area boundary.
(Ord. passed 6-5-2012) Penalty, see § 151.999