§ 26.5-8 FLOODWAYS.
   (A)   Located within areas of special flood hazard established in § 26.3-2 are areas designated as floodways.
   (B)   Since the floodway is an extremely hazardous area due to the velocity of flood waters, which carry debris, projectiles and cause erosion, the following provisions apply.
      (1)   Encroachments within a floodway are prohibited, including fill, new construction, substantial improvements and other new development unless:
         (a)   Certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increases in the base flood elevation during the occurrence of the base flood discharge; (This criterion is also known as “no rise.”)
         (b)   A design by a registered professional engineer is submitted to the floodplain administrator demonstrating that all structures and development within the floodway will withstand the forces caused by flood waters;
         (c)   New construction, substantial improvement and other proposed new development complies with all other applicable flood hazard reduction provisions of this chapter; and
         (d)   Certification, by a registered professional engineer, is submitted certifying that the standards of this section are satisfied. The certification shall be provided to the Floodplain Administrator.
      (2)   If a floodway is not identified in maps or documents adopted by the city then no encroachment is allowed within the flood hazard area without either approval of the Technical Advisory Committee or submittal of documents, including a scaled map, from a registered professional engineer defining the boundaries of the floodway. The purpose of this section is to prohibit development within the 100-year floodplain until a qualified professional defines the location of the floodway.
   (C)   The criteria herein do not apply to temporary fare, police and other public agency facilities providing immediately needed emergency services including but not limited to rescue, temporarily enhancing flood-control facilities and making temporary repairs to other public facilities.
(`61 Code, § 26.5-8) (Ord. 913, passed 4-18-2000)