Located within the areas of special flood hazard established in § 152.07 are small streams where no base flood data has been provided or where no floodways have been identified. The following provisions apply within these areas.
(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 the encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(B) If division (A) above is satisfied and base flood elevation data is available from other sources, all new construction and substantial improvements within the areas shall comply with all applicable flood hazard ordinance provisions of §§ 152.45 et seq. and shall be elevated or floodproofed in accordance with elevations established in accordance with § 152.32(J). When base flood elevation data is not available from a federal, state, or other source, the lowest floor (including basement) shall be elevated at least two feet above the highest adjacent grade. Two feet is the minimum requirement.
(Ord. passed 4-8-1997) Penalty, see § 152.99