§ 34-83. Standards for riverine floodplains with BFE but without established floodways or nonencroachment areas.

Along rivers and streams where BFE data is provided by FEMA or is available from another source but neither floodway nor nonencroachment 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 such areas:

(1)

Standards of sections 34-81, 34-82; and

(2)

Until a regulatory floodway or nonencroachment 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. of 7-5-88, art. 5, § C; Ord. of 6-4-07, eff. 7-3-07, art. 5, § E)

Editor's note

Article 5, § E of an ordinance adopted June 4, 2007, effective July 3, 2007 renamed § 34-83 from "Standards for streas without established base flood elevations and/or floodways" to "Standards for riverine floodplains with BFE but without established floodways or nonencroachment areas".