§ 153.38 STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS.

   Within the special flood hazard areas designated as approximate zone A and established in § 153.07, where no Base Flood Elevation (BFE) data is available, the following provisions, in addition to the provisions of §§ 153.35 and 153.36, 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 5 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.

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

      (1)   When Base Flood Elevation (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 chapter and shall be elevated or floodproofed in accordance with standards in §§ 153.35 and 153.36).

      (2)   All subdivision, manufactured home park and other development proposals shall provide Base Flood Elevation (BFE) data if development is greater than 5 acres or has more than 50 lots/manufactured home sites. Such Base Flood Elevation (BFE) data shall be adopted by reference in accordance with § 153.07 to be utilized in implementing this chapter.

      (3)   When Base Flood Elevation (BFE) data is not available from a federal, state, or other source as outlined above, the reference level shall be elevated to or above the regulatory flood protection elevation, as defined in § 153.05.

(Ord. 29, Art. 5, § D, passed 4-2-2007)