A.
The identified floodplain area shall be any areas of the City classified
as special flood hazard areas (SFHAs) in the Flood Insurance Study
(FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated
March 17, 2011, and issued by the Federal Emergency Management Agency
(FEMA) or the most recent revision thereof, including all digital
data developed as part of the Flood Insurance Study.
B.
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by Council and declared to be a
part of this chapter.
The identified floodplain area shall consist of the following
specific areas:
A.
Floodway area.
(1)
Description: the area identified as Floodway in the FIS that represents
the channel of a watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation by more than one foot at any
point. This term shall also include floodway areas that have been
identified in other available studies or sources of information for
those special floodplain areas where no floodway has been identified
in the FIS.
B.
Special floodplain area.
(1)
Description: the areas identified as Zones AE and A1-30 in the FIS
which are subject to inundation by the one-percent-annual-chance flood
event determined by detailed methods and have base flood elevations
(BFEs) shown.
(2)
Special requirements:
(a)
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the Department of Environmental Protection
Regional Office.
(b)
In special floodplain areas without a designated floodway, no
new development shall be permitted unless it can be demonstrated that
the cumulative effect of all past and projected development will not
increase the BFE by more than one foot.
C.
Approximate floodplain area.
(1)
Description: the areas identified as Zone A in the FIS that are subject
to inundation by the one-percent-annual-chance flood event determined
using approximate methodologies. Because detailed hydraulic analyses
have not been performed, no BFEs or flood depths are shown.
(2)
Special requirements:
(a)
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the Department of Environmental Protection
Regional Office.
(b)
When available, information from other federal, state, and other
acceptable sources shall be used to determine the BFE, as well as
a floodway area, if possible. When no other information is available,
the BFE shall be determined by using a point on the boundary of the
identified floodplain area that is nearest the construction site in
question. In lieu of the above, the municipality may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the City.
(c)
In special flood hazard areas without a designated floodway,
no new development shall be permitted unless it can be demonstrated
that the cumulative effect of all past and projected development will
not increase the BFE by more than one foot.
D.
Shallow flooding area.
(1)
Description: the areas identified as Zones AO and AH in the FIS.
These areas are subject to inundation by one-percent-annual-chance
shallow flooding where average depths are between one foot and three
feet.
(2)
Special requirements: establish drainage paths to guide floodwaters
around and away from structures on slopes.
(a)
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the Department of Environmental Protection
Regional Office.
(b)
In special flood hazard areas without a designated floodway,
no new development shall be permitted unless it can be demonstrated
that the cumulative effect of all past and projected development will
not increase the BFE by more than one foot.
A.
The identified floodplain area may be revised or modified by Council
where studies or information provided by a qualified agency or person
document the need for such revision. However, prior to any such change,
approval must be obtained from FEMA. Additionally, as soon as practicable,
but not later than six months after the date such information becomes
available, Council shall notify FEMA of the changes by submitting
technical or scientific data.
B.
If the property owner believes that his or her property is incorrectly
included with the SFHA, the owner can apply for a letter of map amendment
(LOMA) from FEMA. The submission package shall conform to FEMA requirements.
All correspondence and copies of submission packages shall be submitted
to FEMA and the Floodplain Administrator.
C.
If the new construction or development results in an increase greater
1.00 foot in the BFE, a certified letter of map revision (CLOMR) must
be obtained from FEMA by the property owner. The submission package
shall confirm to FEMA requirements. All correspondence and copies
of submission packages shall be submitted to FEMA and the Floodplain
Administrator.
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the City Planning
Commission. Any party aggrieved by the decision of the Planning Commission
may appeal the decision to Council within 30 days. The burden of proof
shall be on the appellant.
