(A) The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the jurisdiction of the city, delineated as an “AE Zone” on the County and Incorporated Areas Flood Insurance Rate Map dated January 26, 2023 shall be determined from the 1% annual chance flood profiles in the Flood Insurance Study of the county and incorporated areas and the corresponding Flood Insurance Rate Maps (FIRM) dated January 26,2023 as well as any subsequent updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. Should the floodway limits not be delineated on the Flood Insurance Rate Map for a studied SFHA designated as an “AE Zone,” the limits of the floodway will be according to the best available flood layer as provided by the State Department of Natural Resources.
(B) The regulatory flood elevation for the SFHAs of Lake Michigan, delineated as a “VE Zone” on the County and Incorporated Areas Flood Insurance Rate Map dated January 26, 2023 shall be the highest elevation specified on the FIRM among all flood zones affecting the proposed development, as well any subsequent updates, amendments, or revisions, prepared by the Federal Emergency Management Agency.
(C) The regulatory flood elevation for the SFHAs of Lake Michigan, delineated as a “AE Zone” on the County and Incorporated Areas Flood Insurance Rate Map dated January 26, 2023 shall be the highest elevation published on the County and Incorporated Areas Flood Insurance Rate Map dated January 26, 2023 among all flood zones affecting the proposed development, as well as any subsequent updates, amendments, or revisions prepared by the Federal Emergency Management Agency with the most recent date.
(D) The regulatory flood elevation for each studied SFHAs within the jurisdiction of the city, delineated as an “AH Zone” on the County and Incorporated Areas Flood Insurance Rate Map dated January 26, 2023 shall be that elevation published on the County and Incorporated Areas Flood Insurance Rate Map dated January 26, 2023, as well as any subsequent updates, amendments, or revisions prepared by the Federal Emergency Management Agency with the most recent date.
(E) (1) The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the jurisdiction of the city, delineated as an “A Zone” on the County and Incorporated Areas Flood Insurance Rate Map, dated January 26, 2023, as well as any subsequent updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date, shall be according to the best available flood layer provided by the State Department of Natural Resources, provided the upstream drainage area from the subject site is greater than one square mile.
(2) Whenever a party disagrees with the best available flood layer, the party needs to replace existing data with better data that meets current engineering standards.
(3) To be considered, this data must be submitted to the State Department of Natural Resources for review and subsequently approved.
(F) (1) The regulatory flood elevation for each SFHA within the jurisdiction of the city, delineated as an “AO Zone” shall be that elevation (or depth) published on the Flood Insurance Rate Map of the County and Incorporated Areas dated January 26, 2023, as well as any subsequent updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date.
(2) If no depth is specified on the FIRM, the community shall use two feet as the minimum depth.
(G) In the absence of a published FEMA map, or absence of identification on a FEMA map, the regulatory flood elevation, floodway, and fringe limits of any watercourse in the community’s known flood prone areas shall be according to the best available flood layer as provided by the State Department of Natural Resources, provided the upstream drainage area from the subject site is greater than one square mile.
(H) Upon issuance of a Letter of Final Determination (LFD), any more restrictive data in the new (not yet effective) mapping/study shall be utilized for permitting and construction (development) purposes, replacing all previously effective less restrictive flood hazard data provided by FEMA.
(Ord. 22-0051, passed 12-16-2022)