(a) Identification.
(1) The identified floodplain area shall be those areas of the City of New Cumberland, which are subject to the one hundred (100) year flood, as shown on the Floodway map or Flood Insurance Rate Map (FIRM) and described in the Flood Insurance Study (FIS) prepared for the City of New Cumberland by the Federal Emergency Management Agency (FEMA) on the date of the most recent revision thereof.
(2) The identified floodplain area shall also include those areas of New Cumberland that have been identified as flood hazard areas by the City of New Cumberland's use of historic or other technical data. These areas shall be designated as appropriate with the level of technical data described below and shall be managed accordingly.
(b) Descriptions of Floodplain Areas. The identified floodplain area shall consist of the following three specific areas:
(1) The Floodway Area (F1) shall be those areas identified as such in the FIS and as shown on the Floodway map or FIRM. The term shall also include floodway areas identified in other studies for the approximated area discussed in subsection (b)(4) below.
In floodplain areas for which no regulatory floodway has been designated, the regulatory floodway for small, single lot development not incorporating significant amounts of fill can, at the discretion of the City of New Cumberland, be considered to be the channel of the stream and the adjacent land areas to a distance of one-half the width of the floodplain as measured from the top of the bank nearest the site to the upland limit of the 100 year floodplain boundary.
(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. These areas are shown on the Floodway map or FIRM.
(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 one hundred (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 Floodway map or FIRM included in the FIS prepared by FEMA and for which no one hundred (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 flood plain area may be revised by the City of New Cumberland 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 Potomac 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 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 months after the date such information becomes available, the community shall notify the NFIP Administrator of the changes by submitting technical or scientific data.
(3) The City of New Cumberland may identify and regulate new flood hazard or ponding areas. These areas may be delineated using locally derived technical information such as flood of record, historic high water marks, and/or topographic 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 Flood Insurance Study, the structure shall not be required to conform to the flood prevention design and construction standards or flood-related development codes in Section 1721.06
. 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 Flood Insurance Study, 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 Council of the City of New Cumberland. The burden of proof shall be on the appellant/applicant. (Ord. 10-002. Passed 3-15-10.)