§ 151.213  COMPENSATORY STORAGE VOLUME STANDARDS IN REGULATORY FLOODPLAINS AND FLOODWAYS.
   The following standards apply within the regulatory floodplain.
   (A)   Hydraulically equivalent compensatory storage volume will be required for development in a riverine regulatory floodplain, and shall be at least equal to the regulatory floodplain flood storage volume displaced, multiplied by one, within the incorporated areas. The storage volume displaced below the existing ten-year-frequency-flood elevation must be replaced below the proposed ten-year-frequency-flood elevation. The storage volume displaced above the existing ten-year-frequency flood elevation must be replaced above the proposed ten-year-frequency-flood elevation.
   (B)   Compensatory storage volume for development in a non-riverine regulatory floodplain area that is also adjacent to a lake shall be equal to the storage volume displaced.
   (C)   Compensatory storage volume requirements for development in a non-riverine regulatory floodplain that is not adjacent to a lake shall be replaced in accordance with the requirements for the loss of depressional storage as identified within this subchapter.
   (D)   Compensatory storage areas shall be designed to drain freely and openly to the channel, and shall be located adjacent to the development. This standard does not apply to non-riverine regulatory floodplain or the replacement of depressional storage.
   (E)   A recorded covenant running with the land shall be required to maintain the compensatory storage volume in areas modified to provide compensatory storage volume.
(Ord. 2019-03, passed 4-15-2019)