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Along rivers and streams where base flood elevation (BFE) data is provided by FEMA or is available from another source, but neither floodway nor non-encroachment areas are identified for a special flood hazard area on the FIRM or in the FIS report, the following requirements shall apply to all development within the areas:
(B) Until a regulatory floodway or non-encroachment area is designated, no encroachments, including fill, new construction, substantial improvements or other development, shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
(Ord. passed 8-24-2009)
Areas designated as floodways or non-encroachment areas are located within the special flood hazard areas established in § 152.07. The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to standards outlined in §§ 152.50 and 152.51, shall apply to all development within these areas.
(A) No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless:
(1) It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Floodplain Administrator prior to issuance of floodplain development permit; or
(2) A conditional letter of map revision (CLOMR) has been approved by FEMA. A letter of map revision (LOMR) must also be obtained upon completion of the proposed encroachment.
(B) If division (A) above is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this chapter.
(C) No manufactured homes shall be permitted, except replacement manufactured homes in an existing manufactured home park or subdivision; provided, the following provisions are met:
(1) The anchoring and the elevation standards of § 152.51(C); and
(2) The no encroachment standard of division (A) above.
(Ord. passed 8-24-2009)
Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $50 or imprisoned for not more than 30 days, or both. Each day violation continues shall be considered a separate offense. Nothing herein contained shall prevent the town from taking other lawful action as is necessary to prevent or remedy any violation.
(Ord. passed 8-24-2009)