A. Irrespective of any other provisions of this UDO to the contrary, beginning August 2, 2011, new development is prohibited within the 100-year floodplain (as defined on the latest publication of the national flood insurance program's flood insurance rate map for the City) that would generate wastewater to be transported to the wastewater treatment facilities of the City.
B. An owner/developer of property situated in the 100-year floodplain may request a "waiver of service area restriction" if the subject owner/developer can sufficiently show that the natural environment in the 100-year floodplain would be preserved if the waiver was granted. The request for a "waiver of service area restriction" must be submitted in writing to the Floodplain Administrator who upon review is authorized to determine whether the requested waiver is in conformance with the purpose of the flood protection regulations of this chapter. If the Floodplain Administrator determines that the requested waiver would not be in keeping with the purpose of these regulations, the request for a "waiver of service area restriction" must be denied. If the Floodplain Administrator determines that the requested waiver would not violate the purpose of these regulations, nor have detrimental effect upon the natural functions and values of the floodplain, then such a request must be presented to the City Council for a final local decision. If the City Council approves the requested waiver, the request must then be submitted to the U.S. Environmental Protection Agency's Regional Administrator for review and possible approval. The Regional Administrator is the final decision-making authority for all requests for "waivers of service area restriction". (Ord. 2018-16, 12-4-2018)