(a) Identification.
(1) The identified Special Flood Hazard Area (SFHA) shall be those areas of the City of Wheeling 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 Wheeling by the Federal Emergency Management Agency (FEMA) dated July 17, 2006 or the most recent revision thereof including all digital data developed as part of the FIS.
(2) The identified SFHA shall also be those special flood hazard areas which have been identified as flood hazard areas by FEMA 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 SFHA 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) Advisory Flood Heights - This information is displayed on the WV Flood Hazard Determination Tool. This data may be used (when available) by the Floodplain Manager to determine if a property is in the Special Flood Hazard Area, also to assist to determine the height in which to elevate the structure as a permitting tool. And is acceptable data to FEMA for a Letter of Map Amendment (LOMA).
(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) Where natural or man made changes have occurred and/or where more detailed studies have been completed by a qualified government agency, private entity, or qualified individual who can sufficiently document the necessity for such changes; the process to revise the delineation of the identified special flood hazard area may be recommended by the floodplain manager and executed by the Floodplain Manager. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency.
(2) A County or City's Base Flood Elevations (BFEs) may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practical but, not later than six (6) months from the date such information becomes available, the County or City shall notify FEMA of the changes by submitting technical or scientific data.
(3) The County or City 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 above the BFE, and the following is provided to the Floodplain Manager:
A. Elevation information certified by a Licensed Professional Surveyor or Engineer and a site plan demonstrating that all proposed development will occur above the BFE or,
B. A Letter of Map Amendment (LOMA) from FEMA removing the site from the SHFA
then the site shall be considered outside the Floodplain Area and shall not be required to conform to the provisions of this article at the discretion of the Floodplain Manager.
(2) If the lowest natural grade adjacent to the proposed development is below the BFE, 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 Floodplain boundary arise, an initial determination shall be made by the Floodplain Manager and any party aggrieved by this decision may appeal to the Building Code Board of Appeals sitting as the “Floodplain Appeals Board”. The burden of proof shall be on the appellant/applicant.
(Ord. 15476. Passed 10-20-20.)