(a) Intent. The intent of this Ordinance is to:
(1) Promote the general health, welfare and safety of the Community.
(2) Encourage the utilization of appropriate minimum construction practices in order to prevent or minimize flooding damage.
(3) Minimize danger to public health and safety by protecting the water supply and sanitary sewage disposal in cooperation with the County Sanitarian, and to protect natural drainage.
(4) Assure the County Assessor obtains information concerning improvement of real property as required by WV Code §11-3-3a.
(5) Assure all County E-911 addresses are obtained and kept current to maintain the established emergency response dispatch systems.
(6) Reduce financial burdens imposed on the residents, real property owners and its governmental units by preventing the unwise design and construction of development in areas subject to flooding.
(b) Abrogation and Greater Restrictions. This ordinance supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this Ordinance, the more restrictive shall apply.
(c) 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, other repairs, or the placement or relocation of any structure (including manufactured homes) within the City of Fairmont unless a permit application has been completed and a permit has been obtained from the Floodplain Administrator. In addition, where land is partially or fully in the Floodplain is to be developed, subdivided, utilized for a manufactured home park or subdivision or otherwise developed, a site plan with elevation data must 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 City's need to minimize the hazards and damage resulting from flooding.
(d) 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 Ordinance in accordance with its intent and shall require the applicant to take appropriate measures pursuant to such determination.
(Ord. 1803. Passed 3-12-19.)