(A) Areas with floodways. The flood insurance study referenced in § 1472.06 identifies 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 § 1472.14(B). 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) Prohibited encroachments, including fill, new construction, substantial improvements and other development, unless a hydrologic and hydraulic analysis performed in accordance with standard engineering practices demonstrates that encroachments would not result in any increase in flood levels during the occurrence of the base flood discharge.
(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 Safety-Service Director to the Federal Emergency Management Agency and must meet the requirements of the National Flood Insurance Program.
(4) Development in floodway areas causing increases in the base flood elevation may be permitted, provided all of the following are completed by the applicant:
(a) Technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
1. Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
2. Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
3. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
4. Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with § 1472.17(F).
(b) An evaluation of alternatives which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
(c) Certification that no structures are located in areas that would be impacted by the increased base flood elevation;
(d) Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and
(e) Concurrence of the Chief Executive Officer of the city and the Chief Executive Officer(s) of any other communities impacted by the proposed actions.
(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 § 1472.06, 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 one foot at any point.
(`82 Code, § 1472.17) (Ord. 86-89, passed 12-16-86; Am. Ord. 2004-40, passed 4-27-04; Am. Ord. 2005-02, passed 1-4-05)