(a) Floodway (F1). Within any floodway area (F1), no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in the Base Flood Elevation. All uses, activities, and other development shall be undertaken in strict compliance with the floodproofing and related provisions contained herein, and in all other applicable codes, ordinances and regulations.
The Floodway shall be preserved to carry the discharge of the base flood to the greatest extent possible. Floodways present increased risks to human life and property because of their
relatively faster and deeper flowing waters. New development shall not be permitted in the floodway where reasonable alternatives exist elsewhere. In addition to the above requirements the applicant shall demonstrate that there are no reasonable alternatives other than the floodway encroachment before a permit may be used. (If the floodway is the only reasonable alternative the applicant shall demonstrate that the floodway encroachment is the minimum necessary to accomplish the project.)
(b) Floodway Fringe (F2) and Approximated Floodplain (F3). In the Floodway Fringe (F2) and Approximate Floodplain (F3), any development and/or use of land shall be permitted provided that all such uses, activities and/or development shall be undertaken in strict compliance with the flood-proofing and related provisions contained herein and in all other applicable codes, ordinances and regulations. All subdivision proposals and other proposed new developments which are necessary to take place either fully or partially within the Approximated Floodplain (F3) and which are greater than fifty (50) lots or five (5) acres, whichever is lesser, shall include base flood elevation data. Data shall be provided by an authoritative source, such as the U.S. Army Corps of Engineers, U.S. Geological Survey, Natural Resource Conservation Service, state and local water resource departments, or technical data developed using detailed methodologies comparable to those contained in a Flood Insurance Study. This data shall be prepared and certified by a registered professional engineer or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts.
(c) Floodplain Area AE. Within any AE area *, no new construction or development shall be allowed unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the 100-year flood more than one (1) foot at any point. This requirement can be satisfied by use of the floodway area where determined.
(d) Alteration or Relocation of a Watercourse.
(1) Whenever a developer intends to alter or relocate a watercourse within the Floodplain Area, the developer shall notify in writing, by certified mail, all adjacent communities and the State Coordinating Officer of all such intended activities prior to any alteration or relocation of the watercourse, and shall submit copies of such notification to the Federal Insurance Administrator and Ripley.
(2) The developer shall also assure Ripley that the carrying capacity of the altered or relocated portion of stream will be maintained. The County may require the applicant to demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. Only registered professional engineers shall undertake hydrologic and hydraulic analyses or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. The resultant study shall include a cover letter, signed by the responsible professional, providing a statement of findings in layman's terms. In addition the County shall submit studies, analyses, computations, etc., in sufficient detail to allow a thorough technical review.
(3) Ripley may require the use of certain "best practices" techniques in the construction of bridges, culverts or other stream alterations to prevent localized flooding caused by blockages. The techniques may include, but are not limited to wing walls, trash grates or openings sized to carry anticipated increase in flood heights.
(4) The developer is required to provide the community a legal agreement detailing all scheduled inspections and maintenance to be performed. It shall be the responsibility of the applicant to have the agreement referenced in and recorded with deed of the subject property before a permit can be issued.
(5) The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the Flood Insurance Study and/or Flood Insurance Rate Maps, when notified by the Local Administrator, and must pay any fees or other costs assessed by FEMA for this purpose.
(1-6-04)
* AE areas without floodway only occur under the following conditions: When a study has been conducted on a stream to produce Base Flood Elevation data, but no floodway delineation is given. Remember to check the FIRM and the Floodway map to see if a floodway has been delineated before applying these conditions. (1-6-04)
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