(a) Authority.
(1) The provisions of this article have been prepared with the intention of meeting the requirements of the National Flood Insurance Act of 1968 ( 42 U.S. C. 4001 et seq.) amended by the Congress of the United States through the 15th of February, 1975 (Public Law 91-152),
(2) Authority to adopt, administer and enforce this article is vested in the Town of Eleanor pursuant to West Virginia State Codes 8-12-14,7- 1-3n, 7-1-3v and 7-1-3kk and/or West Virginia State Code 8AA-2, 8A-5-7, 8A-7-2.
(b) Intent. The intent of this article is to:
(1) Promote the general health, welfare, and safety of the Town Of Eleanor.
(2) Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future and protect natural drainage.
(3) Minimize danger to public health and safety by protecting water supply and sanitary sewage disposal in cooperation with the County Sanitarian.
(4) Assure the County Assessor obtains information concerning improvement of real property as required by WV State Code 11-3-3A.
(5 Reduce financial burdens imposed on the Town Of Eleanor, its governmental units, and its residents, by preventing the unwise design and construction of development in areas subject to flooding.
(c) Abrogation and Greater Restrictions. This article supersedes any ordinance currently in effect in flood prone areas. Any ordinance, however, shall remain in full force and effect to the extent that its provisions are more restrictive.
(d) Applicability.
(1) It shall be unlawful for any contractor, person, partnership, business, or corporation to undertake or cause to be undertaken, any development, new construction, substantial improvement, repair of substantial damage, or the placement or relocation of any structure (including manufactured homes) within Town of Eleanor, unless a permit application has been completed and a permit or certificate of compliance has been obtained from the Floodplain Administrator. In addition, where land partially or fully in the special flood hazard area is to be subdivided, utilized for a manufactured home park or subdivision or otherwise developed as defined in this ordinance, a site plan with elevation data shall be submitted to, and approved by, the Floodplain Administrator prior to any development.
(2) Provision of all other codes, ordinances, and regulations shall be applicable insofar as they are consistent with the provisions of this ordinance and the community's need to minimize the hazards and damage resulting from flooding.
(e) Matters Not Provided for Specifically. Where conditions are encountered that are not specifically provided for herein, the Floodplain Administrator shall determine the applicability of the provisions of this article in accordance with its intent, and shall require the applicant to take
appropriate measures pursuant to such determination.
(Ord. 11-03. Passed 1-5-12.)
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