§ 91.42 STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS.

   Within the Special Flood Hazard Areas designated as Approximate Zone A and established in § 91.07, where no BFE data bas been provided by FEMA, the following provisions, in addition to the provisions of § 91.40, 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.

   (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 chapter and shall be elevated or floodproofed in accordance with standards in §§ 91.40 and 91.41.

      (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 §§ 91.41 and 91.44.

      (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 § 91.21 and utilized in implementing this chapter.

      (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 § 91.05. All other applicable provisions of § 91.41 shall also apply.

(Ord., passed 8-23-89; Am. Ord., passed 11-22-05; Am. Ord., passed 4-25-18)