1779.03 ESTABLISHMENT OF THE SPECIAL FLOOD HAZARD AREA.
   (a)   Identification.
      (1)   The identified special flood hazard area shall be those areas of City of St. Albans 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 the City of St. Albans by the Federal Emergency Management Agency (FEMA) dated 06-05-2012 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 which have been identified as flood hazard areas by the City of St. Albans by use of historic or other technical data and shown on an officially recognized "FIRM". 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 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.
      (3)   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
      (4)   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 the City of St. Albans 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)   A City'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)   The City of St. Albans 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 structure location appears to be inside the SFHA on the FEMA FIRM's and 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 (FIS), the structure shall not be required to conform to the flood prevention design and construction standards or flood-related development codes in Article VI. 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 shall apply for a Letter of Map Amendment (LOMA) from FEMA and the determination given to the floodplain administrator within 90 days of issuance of the permit having the Special Flood Hazard Area designation removed from the parcel or structure prior to certificate of occupancy/ compliance.
      (2)   If the lowest natural grade adjacent to proposed development is below the Base Flood Elevation specified on the Flood Insurance Study (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 County Commission sitting as the "Floodplain Appeals Board". The burden of proof shall be on the appellant/applicant.
(Ord. 2016-09. Passed 7-18-16.)