4-12-5: OCCUPATION AND USE OF FLOOD FRINGE AREAS:
Development in and/or filling of the Flood Fringe will be permitted if protection is provided against the Base Flood by proper elevation, compliance with Compensatory Storage requirements, and other applicable provisions of this Chapter. No use will be permitted that adversely affects the capacity of drainage facilities or systems. Developments located within the Flood Fringe shall meet the requirements of this Section, along with the requirements of Section 4-12-8.
   A.   Preventing Increased Damages
      1.   No Development in the Flood Fringe shall create a threat to public health and safety.
      2.   If fill is being used to elevate the site above the BFE, the Applicant shall submit sufficient data and obtain a LOMR from FEMA for the purpose of removing the site from the Floodplain. See Section 4-12-8(C) for additional requirements.
      3.   Compensatory Storage. Whenever any portion of a Floodplain is authorized for use, the volume of space which will be occupied by the authorized fill or Structure below the BFE shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the BFE.
         a.   The excavation volume shall be at least equal to 1.1 times the volume of storage lost due to the fill or Structure
         b.   In the case of streams and watercourses, such excavation shall be made opposite or adjacent to the areas so filled or occupied.
         c.   All Floodplain storage lost below the existing ten percent (10%) annual chance Flood elevation shall be replaced below the proposed ten percent (10%) annual chance Flood elevation. All Floodplain storage lost above the existing one percent (1%) annual chance Flood elevation shall be replaced above the proposed one percent (1%) annual chance Flood elevation.
         d.   All such excavations shall be constructed to drain freely and openly to the watercourse. (Ord. 3852, 1-10-2022)