Within the special flood hazard areas designated as Approximate Zone A and established in § 150.031, where no BFE data has been provided by FEMA, the following provisions, in addition to the provisions of § 150.065, will apply.
   (A)   No encroachments, including fill, new construction, substantial improvements, or new development will be permitted within a distance of 20 feet, each side from the top of the 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 will not result in any increase in flood levels during the occurrence of the base flood discharge.
   (B)   The BFE used in determining the regulatory flood protection elevation will be determined, based on the following criteria:
      (1)   When BFE data is available from other sources, all new construction and substantial improvements within such areas must also comply with all applicable provisions of this chapter, and shall be elevated or floodproofed in accordance with the standards in §§ 150.065 and 150.066.
      (2)   When floodway or non-encroachment data is available from a federal, state or other source, all new construction and substantial improvements within floodway and non-encroachment areas must also comply with the requirements of §§ 150.066 and 150.070.
      (3)   All subdivisions, manufactured home parks, and other development proposals must provide BFE data if the development is greater than five acres, or has more than 50 lots/manufactured home sites. Such BFE data must be adopted by reference in accordance with § 150.031 and utilized in implementing this chapter.
      (4)   When BFE data is not available from a federal, state or other source as outlined above, the reference level must be elevated or floodproofed (nonresidential) to or above the regulatory flood protection elevation, as defined § 150.015. All other applicable provisions of § 150.066 also apply.
(Ord. passed 7-15-2003; Ord. 2019-09, passed 9-12-2019; Ord. 2020-02, passed 6-11-2020)