(A) Areas with floodways. The Flood Insurance Study referenced in § 152.04 identifies a segment within areas of special flood hazard known as floodways. Floodways may also be delineated in other sources of flood information as specified in § 152.23. The floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential. The following provisions apply within all delineated floodway areas:
(1) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless hydrologic and hydraulic analysis performed in accordance with standard engineering practices demonstrates that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge.
(2) If subdivision (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of § 152.36.
(3) Any encroachment within the floodway that would result in an increase in base flood elevations can only be granted upon the prior approval by the Federal Emergency Management Agency. Such requests must be submitted by the Building Official to the Federal Emergency Management Agency and must meet the requirements of the National Flood Insurance Program.
(B) Areas without floodways. In all areas of special flood hazards where FEMA has provided base flood elevation data as set forth in § 152.04, 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 foot at any point.
(2) If subdivision (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this subchapter.
(‘74 Code, § 153.37) (Ord. 93-1055, passed 2-23-93) Penalty, see § 152.99