§ 138-18. Encroachments.

A. 

Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless:

(1) 

The applicant demonstrates 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 location; or

(2) 

The Incorporated Village of Cedarhurst agrees to apply to the Federal Emergency Management Agency (FEMA)for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Incorporated Village of Cedarhurst for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Incorporated Village of Cedarhurst for all costs related to the final map revision.

B. 

On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 138-6, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:

(1) 

A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood; or

(2) 

The Incorporated Village of Cedarhurst agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Incorporated Village of Cedarhurst for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Incorporated Village of Cedarhurst for all costs related to the final map revisions.