(a) Identification.
(1) The identified special flood hazard area shall be those areas of the City of Fairmont which are subject to a one percent or greater chance of flooding in any given year as shown on the Flood Insurance Rate Map (FIRM) and described in the Flood Insurance Study (FIS) prepared for City of Fairmont by the Federal Emergency Management Agency (FEMA) dated June 19, 2012, and April 05, 2019 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 which have been identified as flood hazard areas by City of Fairmont by use of historic or other technical data and shown on an officially recognized "FIRM or the West Virginia Flood Hazard Determination Tool Specifically Advisory Flood Height data. 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 Area 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 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 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
(5) The AO and AH floodplain those areas identified as Zones AO and AH on the FIRM and in the FIS. These areas are subject to inundation by 1-percent-annual-chance shallow flooding where average depths are between one and three feet. In Zones AO and AH, drainage paths shall be established to guide floodwaters around and away from structures on slopes.
(c) Changes in Designation of Area.
(1) The delineation of the identified special flood hazard area may be revised by City of Fairmont 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.
(2) The City of Fairmont's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practical but, not later than six months from the date such information becomes available, the City shall notify FEMA of the changes by submitting technical or scientific data.
(3) City of Fairmont may identify and regulate new flood hazard or ponding areas. These areas shall 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 and/or approximate study methodologies.
(d) Elevations Prevail.
(1) If the lowest natural grade adjacent to proposed development is at or above the Base Flood Elevation, and the following is provided to the Floodplain Administrator:
A. elevation information and a site plan demonstrating that all proposed development will occur above the Base Flood Elevation or,
B. a Letter of Map Amendment (LOMA) from FEMA removing the site from the SHFA then the site shall be considered to be outside the Floodplain Area and shall not be required to conform to the provisions of this Ordinance.
(2) If the lowest natural grade adjacent to proposed development is below the Base Flood Elevation, 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 Ordinance.
(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 Board of Zoning Appeals sitting as the "Floodplain Appeals Board." The burden of proof shall be on the appellant/applicant.
(Ord. 1803. Passed 3-12-19; Ord. 1811. Passed 4-23-19; Ord. 1816. Passed 5-14-19.)