1747.03  ESTABLISHMENT OF THE SPECIAL FLOOD HAZARD AREA.
   (a)   Identification.
      (1)   The identified special flood hazard area shall be those areas of the City of Clarksburg which are subject to the one hundred (100) year flood, as shown on the Flood Insurance Rate Map (FIRM) and described in theFlood Insurance Study (FIS) prepared for the City of Clarksburg by the Federal Emergency Management Agency (FEMA) dated 0/02/2012 or the most recent revision thereof  including all digital data developed as part of the FIS.
      (2)   The identified special flood hazard area shall also be those special flood hazard areas identified by the City of Clarksburg by use of historic or other technical data and shown on an officially recognized "Local Flood Hazards Map". These areas shall be designated as appropriate with the level of technical data described below and shall be managed accordingly.
   (b)   Descriptions of Special Flood Hazard Areas.  The identified special flood hazard area shall consist of the following four specific areas:
      (1)   The Floodway  shall be those areas of AE zone identified as Floodways in the FIS and as shown on the FIRM. The term shall also include any floodway areas delineated by developers in the approximated floodplain and designated as such by the community.
      (2)   The Floodway Fringe shall be those areas of AE zone 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 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 floodplain shall be those areas identified as an A zone on the FIRM included in the FIS prepared by FEMA and for which no one hundred (100) year flood elevations have been provided.
   (c)   Changes in Designation of Area.
      (1)   The delineation of the identified special flood hazard area may be revised by the City of Clarksburg where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, a River Basin Commission 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 Emergency Management Agency (FEMA).
      (2)   A City of Clarksburg's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable but, not later than six months after the date such information becomes available, the City of Clarksburg shall notify the NFIP Administrator of the changes by submitting technical or scientific data.
      (3)   The City of Clarksburg may identify and regulate new local flood hazard or ponding areas. These areas may be delineated on a "Local Flood Hazard Map" using best available topographic data and locally derived information such as flood of record, historic high water marks or approximate study methodologies. 
   (d)   Boundary Disputes.  Should a dispute concerning the location of proposed development relative to a special flood hazard area arise, an initial determination shall be made by the Floodplain Administrator and any party aggrieved by this decision may appeal to the City of Clarksburg. The burden of proof shall be on the appellant/applicant.
   (e)   Elevations Prevail.  Elevation data certified by a Licensed Professional Surveyor or Registered Professional Engineer shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator. 
      (1)   The proposed development will automatically conform to the flood damage reduction requirements of this article if the natural lowest adjacent grade (LAG) to the proposed development is at or above the closest applicable base flood elevation (BFE) specified in the flood insurance study. The applicant shall be advised to apply for a Letter of Map Amendment (LOMA) from FEMA to have the special flood hazard area designation removed from the structure or specific area. If the difference between LAG and BFE is modest the applicant will also be advised to use caution during site preparation or excavation and information concerning the Preferred Risk Policy should be provided.
      (2)   The proposed development shall be considered to be within the special flood hazard area if the natural LAG to the proposed development is below either the closest applicable BFE specified in the flood insurance study, or the reasonably safe from flooding elevation determined by the City of Clarksburg in approximate floodplains. The proposed development shall then be required to conform to all appropriate flood damage reduction provisions of this article.
         (Ord. 12-10.  Passed 9-20-12.)