§ 152.442 STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS.

   Within the special flood hazard areas designated as Approximate Zone A and established in § 152.407, where no base flood elevation (BFE) data has been provided by FEMA, the following provisions, in addition to § 152.440, shall apply:

   (A)   No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of 20 feet each side from top of bank or five times the width of the stream, whichever is greater, unless certification with supporting technical data by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; and

   (B)   The BFE used in determining the regulatory flood protection elevation shall be determined based on the following criteria:

      (1)   When BFE data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this subchapter and shall be elevated or floodproofed in accordance with standards in §§ 152.440 and 152.441;

      (2)   When floodway or non-encroachment data is available from a federal, state, or other source, all new construction and substantial improvements within floodway and non-encroachment areas shall also comply with the requirements of § 152.441 and § 152.444;

      (3)   All subdivision, manufactured home park and other development proposals shall provide BFE data if development is greater than five acres or has more than 50 lots/manufactured home sites. Such BFE data shall be adopted by reference in accordance with § 152.407 and utilized in implementing this subchapter; and

      (4)   When BFE data is not available from a federal, state, or other source as outlined above, the reference level shall be elevated or floodproofed (non-residential) to or above the regulatory flood protection elevation, as defined in § 152.407. All other applicable provisions of § 152.405 shall also apply.

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2020-O3, passed 6-8-2020)