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Along rivers and streams where BFE data is provided but neither floodway nor non-encroachment areas are identified for a special flood hazard area on the FIRM or in the FIS report, the following requirements shall apply to all development within such areas:
(B) Until a regulatory floodway or non-encroachment area is designated, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
(Ord. passed 11-16-1989; Ord. passed 1-20-1994; Ord. passed 9-18-2006) Penalty, see § 153.99
Areas designated as floodways or non-encroachment areas are located within the special flood hazard areas established in § 153.07. The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. No new development activity shall occur within designated floodways and non-encroachment areas except by variance.
(Ord. passed 11-16-1989; Ord. passed 1-20-1994; Ord. passed 9-18-2006) Penalty, see § 153.99
(A) Located within the special flood hazard areas established in § 153.07 are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate.
(B) In addition to § 153.40, all new construction and substantial improvements shall meet the following requirements.
(1) The reference level shall be elevated at least as high as the depth number specified on the flood insurance rate map (FIRM), in feet, plus a freeboard of three feet, above the highest adjacent grade; or at least two feet above the highest adjacent grade plus a freeboard of one foot if no depth number is specified.
(2) Non-residential structures may, in lieu of elevation, be flood-proofed to the same level as required in Article 5, Section H(1) of the ordinance codified herein so that the structure, together with attendant utility and sanitary facilities, below that level shall be watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required as per §§ 153.26(C) and 153.41(A)(2).
(3) Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
(Ord. passed 11-16-1989; Ord. passed 1-20-1994; Ord. passed 9-18-2006) Penalty, see § 153.99
Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a Class 3 misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $100 or imprisoned for not more than 30 days, or both. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the county from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. passed 11-16-1989; Ord. passed 1-20-1994; Ord. passed 9-18-2006)