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09/26/2005 37 <br />Sec. 42-94b. Floodway and non-encroachment areas. <br />Areas designated as floodways or non-encroachment areas are located within the SFHA <br />established in Section 42-37. The floodways and non-encroachment areas are extremely hazardous <br />areas due to the velocity of jloodwaters that have erosion potential and carry debris and potential <br />projectiles. The following provisions shall apply to all development within such areas: <br />1: No encroachments, including fill, new construction, substantial improvements and other <br />(5) developments shall be permitted unless it has been demonstrated through hydrologic and <br />hydraulic analyses, performed according to standard engineering practice, that the proposed <br />encroachment would not result in any increase. in the flood levels during the occurrence of <br />the base flood. Such certification and technical data shall be presented to the Floodplain <br />Administrator before issuance of jloodplain development permit. <br />2. If the requirements of Section 42-94b(1) are adhered to, all development shall comply with <br />all applicable flood hazard reduction provisions of this Ordinance. <br />3. No manufactured homes shall be permitted, except replacement manufactured homes in an <br />existing manufactured home park or subdivision, provided the following provisions are met: <br />a. The anchoring and elevation standards of Section 42-92(3); and <br />b. The no encroachment standard of Section 42-94b(2) is met. <br />Sec. 42-94c. Standards for Floodplains without Established Base Flood Elevations. <br />Within the SFHAs established in Section 42-37, where no BFE data has been provided, the <br />following provisions shall apply: <br />1. No encroachments, including fill, new construction, substantial improvements or new <br />development shall be permitted within a distance of twenty feet each side from top of bank or <br />(5) five times the width of the stream whichever is greater, unless certification with supporting <br />technical data by a North Carolina licensed Professional Engineer is provided <br />demonstrating that such encroachments shall not result in any increase in flood levels during <br />the occurrence of the base flood discharge. <br />2. If the requirements of Section 42-94(1) are adhered to and BFE data are available from other <br />sources, all new construction and substantial improvements within such areas shall also <br />comply with all applicable provisions of this Ordinance and shall be elevated or flood <br />proofed according to elevations established according to Section 42-69(11/12). When BFE <br />data are not available from a federal, state, or other source, the reference level, including <br />basement, shall be elevated at least two (2') feet above the HAG. <br />