1191.09 FLOODWAYS.
   (a)    Areas with Floodways. The Flood insurance Study referenced in Section 1191.03 (b) identified a segment within areas of special flood hazard known as a floodway. Floodways may also be delineated in other sources of flood information as specified in Section 1191.05 (b)(2). The floodway is an extremely hazardous area due to the velocity of floodwaters 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 a technical evaluation by a registered professional engineer or architect demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
      (2)    If subsection (a) hereof is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sections 1191.07, 1191.08 and this section.
      (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 Code Administrator to the Federal Emergency Management Agency and must meet the requirements of the National Flood Insurance Program.
      (4)    Permitted uses, if subsection (a) hereof is satisfied shall be as follows:
         A.   Agriculture nurseries and truck gardening;
         B.   Recreation facilities of a primarily open nature such as parks and playgrounds, picnic areas, golf courses, sporting areas, fishing and hunting areas, nature and woodland preserves and wildlife sanctuaries;
         C.   Foot paths, bicycle paths and foot bridges;
         D.   Residential uses such as flower or vegetable gardens and lawns;
         E.   Sanitary and storm water sewage mains.
 
   (b)    Areas without Floodways. In all areas of special flood hazard where the Flood Insurance Study provides base flood elevation data as set forth in Section 1191.03 (b), but no floodways have been designated, 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 1.0 (one) foot at any point.
      (2)    If subsection (a) hereof is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sections 1191.07, 1191.08 and this section.
         (Ord. 11-22 AC CMS. Passed 4-18-11.)