1741.02  ESTABLISHMENT OF THE FLOODPLAIN AREA.
   (a)   Identification.  The identified floodplain area shall be those areas of the City of Charles Town which are subject to the One Hundred (100) Year Flood as shown on the Flood Insurance Rate Map (FIRM) and described in the Flood Insurance Study (FIS) prepared for the City of Charles Town by the Federal Emergency Management Agency (FEMA) dated December 18, 2009, or the most recent revision thereof.
   (b)   Descriptions of Floodplain Areas.  The identified floodplain shall consist of the following four specific areas:
      (1)   The Floodway area (F1) shall be those areas identified as such in the FIS and as shown on the FIRM.
      (2)   The Floodway Fringe area (F2) shall be those areas for which specific one hundred (100) year flood elevations have been provided in the FIS but which lie beyond the floodway area.
      (3)   The AE Area without Floodway (F3) shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which 100-year flood elevations have been provided but no Floodway has been delineated.
      (4)   The approximated area (F4) shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no 100 year flood elevations have been provided. For these areas, elevation and floodway information from other Federal, State, or other acceptable source shall be used when available. Where other acceptable information is not available the Floodplain Administrator shall require the applicant to determine the elevation with hydrologic and hydraulic engineering or other techniques. When hydrologic and hydraulic analyses are required, they shall only be undertaken by a registered professional engineer who shall certify that the methods used correctly reflect currently accepted technical concepts. The resultant study shall include a cover letter, signed by the responsible professional, providing a statement of findings in basic terms. In addition, studies, analyses, computations, etc. shall be submitted in sufficient detail to allow a thorough technical review by the Floodplain Administrator.
   (c)   Changes in Designation of Area.
      (1)   The delineation of the identified floodplain area may be revised by the City of Charles Town where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, the Interstate Commission on the Potomac River Basin or other qualified agency or individual document the necessity for such changes. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).
      (2)   A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable but, not later than six (6) months after the date such information becomes available, the Charles Town Floodplain Administrator, or designee, shall notify the West Virginia State NFIP Administrator of the changes by submitting the appropriate technical or scientific data.
   (d)   Elevations Prevail.
      (1)   If the lowest natural grade adjacent to proposed development within an identified flood hazard area is at or above the Base Flood Elevation specified in the FIS, the structure shall not be required to conform to the flood prevention design and construction standards or flood-related development codes in Section 1741.06.  Topographic data certified by a registered professional engineer or licensed professional surveyor shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator.  The applicant is advised to apply for a Letter of Map Amendment (LOMA) from FEMA to have the Special Flood Hazard Area designation removed from the parcel or structure.
      (2)   If the lowest natural grade adjacent to proposed development is below the Base Flood Elevation specified in the FIS, the site shall be considered to be within the floodplain area and the proposed structure shall be required to conform to all appropriate provisions of this article.
   (e)   Boundary Disputes.  Should a dispute concerning any district boundary arise, an initial determination shall be made by the Floodplain Administrator and any party aggrieved by this decision may appeal to the City of Charles Town. The burden of proof shall be on the appellant/applicant. 
(Passed 9-19-16.)