For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPURTENANT STRUCTURE. A structure on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. This does not include a gas or liquid storage tank.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION or BFE. The water surface elevation of the base flood in relation to the datum specified on the town’s flood insurance rate map. For the purposes of this chapter, the 100-year flood or 1% annual chance flood.
BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.
BUILDING or STRUCTURE. Shall be construed as if followed by the phrase “or part thereof.”
CERTIFICATE OF COMPLIANCE. A certification that all development is in compliance with the provisions of this chapter.
COMPENSATORY STORAGE. An artificially excavated, hydraulically equivalent volume of storage within the special flood hazard area used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the special flood hazard area.
CONTRACTOR.
(1) A person who in any capacity for compensation, other than as an employee of another, undertakes, offers to undertake, purports to have the capacity to undertake or submits a bid to construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, structure or excavation associated with a project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith, where the cost of the undertaking is $1,000 or more. CONTRACTOR includes a construction manager who performs management and counseling services on a construction project for a professional fee.
(2) CONTRACTOR does not include:
(a) One who merely furnishes materials or supplies without fabricating or consuming them in the construction project;
(b) A person who personally performs construction work on the site of real property which the person owns or leases, whether for commercial or residential purposes;
(c) A person who is licensed or registered as a professional, and who functions under the control of any other licensing or regulatory board, whose primary business is real estate sales, appraisal, development, management and maintenance, who, acting in his or her respective professional capacity, and any employee of such professional acting in the course of his or her employment, performs any work which may be considered to be performing contracting work;
(d) A pest-control operator licensed under the provisions of W. Va. Code § 19-16A-7 to engage in the application of pesticides for hire unless the operator also performs structural repairs exceeding $1,000 on property treated for insect pests; or
(e) A corporation, partnership or sole proprietorship whose primary purpose is to prepare construction plans and specifications used by the contractors defined in this section and who employs full-time a registered architect licensed to practice in this state or a registered professional engineer licensed to practice in this state. CONTRACTOR also does not include employees of such corporation, partnership or sole proprietorship.
CRITICAL FACILITY. Any facility in which even a slight chance of flooding is too great a threat. Typical CRITICAL FACILITIES include hospitals, fire stations, police stations, the storage of critical records and similar facilities. These should be given special consideration when formulating regulatory alternatives and floodplain management plans. A CRITICAL FACILITY should not be located in a special flood hazard area if at all possible. If a CRITICAL FACILITY must be located in a special flood hazard area, it should be provided a higher level of protection so that it can continue to function and provide services during a flood.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or the storage of equipment or materials.
DIGITAL FLOOD INSURANCE RATE MAP or DFIRM. A flood insurance rate map that has been made available digitally.
FLOOD. A general and temporary inundation of normally dry land areas.
FLOOD INSURANCE RATE MAP or FIRM. The official map on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the town.
FLOOD INSURANCE STUDY. The official report in which the Federal Emergency Management Agency has provided flood profiles, floodway information and water surface elevations.
FLOODPLAIN.
(1) A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; or
(2) An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD-PROOFING. Any combination of structural and nonstructural additions, changes or adjustments to structures which reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY. The channel of a river or other watercourse and the adjacent land area that must be reserved to discharge the base flood without increasing the water surface elevation of that flood more than one foot at any point.
FREEBOARD. A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. A FREEBOARD tends to compensate for unknown factors that may contribute uncertainty to the flood heights of any given flood and floodway condition, such as wave action, blockage at stream crossings and increased runoff from urbanization of the watershed. A FREEBOARD also tends to lower the cost of flood insurance.
HIGHEST ADJACENT GRADE or HAG. The highest natural elevation of the ground surface immediately adjacent to the development or structure foundation. This is primarily used during the insurance rating in approximated floodplains.
HISTORIC STRUCTURE. Any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) By an approved state program, as determined by the Secretary of the Interior; or
(b) Directly by the Secretary of the Interior in states without approved programs.
LICENSED MANUFACTURED HOME INSTALLER. A contractor licensed to install manufactured homes in the state as set forth in the State Code.
LICENSED MANUFACTURED HOME RETAILER. A business licensed to sell manufactured homes in the state as set forth in the State Code.
LICENSED PROFESSIONAL SURVEYOR. Any person licensed by the state’s Board of Examiners of Land Surveyors to engage in the practice of land surveying as defined in the State Code.
LOWEST ADJACENT GRADE or LAG. The lowest natural elevation of the ground surface immediately adjacent to the proposed development or structure foundation. The primary use of the LAG is to determine whether the structure is located within a special flood hazard area by comparing it to the base flood elevation.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished enclosure constructed with flood-resistant materials, as defined in FEMA’s Technical Bulletin 2, and usable solely for the parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s LOWEST FLOOR; provided, that such enclosure has proper flood openings and is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term MANUFACTURED HOME does not include a recreational vehicle.
NEW CONSTRUCTION. Structures for which the start of construction, as herein defined, commenced on or after March 4, 1988, and including any subsequent improvements to such structures. Any construction started after the effective date of the first floodplain ordinance adopted by the town and before the effective start date of the floodplain management ordinance codified in this chapter is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
ONE HUNDRED-YEAR FLOOD. A flood that has one chance in 100, or a 1% chance, of being equaled or exceeded in any given year.
ORDINANCE. Refers to the Floodplain Ordinance.
PERSON. Any individual or group of individuals, corporation, partnership, association or other entity, including state and local governments and agencies.
PRACTICE OF ENGINEERING.
(1) Any service or creative work, as described in W. Va. Code Art. 13, the adequate performance of which requires engineering education, training and experience in the application of special knowledge of the mathematical, physical and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems; planning the use of land and water; teaching of advanced engineering subjects, engineering surveys and studies; and the review of construction for the purpose of assuring compliance with drawings and specifications, any of which embraces such services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic or thermal nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the planning, progress and completion of any engineering services. ENGINEERING SURVEYS include all survey activities required to support the sound conception, planning, design, construction, maintenance and operation of engineered projects.
(2) Any person who practices any branch of the profession of engineering or who, by verbal claim, sign, advertisement, letterhead, card or in any other way represents himself or herself to be a registered professional engineer, or by using another title implies that he or she is a registered professional engineer or that he or she is registered under W. Va. Code Art. 13, or who holds himself or herself out as able to perform, or who performs, any engineering service or work or any other service designated by the practitioner which is recognized as engineering, is considered to PRACTICE OR OFFER TO PRACTICE ENGINEERING within the meaning and intent of W. Va. Code Art. 13.
PRINCIPALLY ABOVEGROUND. Where at least 51% of the actual cash value of a structure, less land value, is aboveground.
REASONABLY SAFE FROM FLOODING. During the base flood, water should not damage structures, and any subsurface waters related to the base flood should not damage existing or proposed structures.
RECREATIONAL VEHICLE. A vehicle which is:
(1) Built on a single chassis;
(2) When measured at the largest horizontal projection, is 400 square feet or less;
(3) Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
REGISTERED PROFESSIONAL ENGINEER. A person who has been duly registered or licensed as a registered professional engineer by the state’s Board of Registration for Professional Engineers as required under W. Va. Code Art. 13 et seq.
REMEDY A VIOLATION. To bring a structure or other development into compliance with the requirements of this chapter, or if full compliance is not possible, to reduce the adverse impacts of the noncompliance to the greatest extent feasible.
SHALL. Is always mandatory.
SPECIAL FLOOD HAZARD AREA. The land in the floodplain subject to a 1% or greater chance of flooding in any given year. SPECIAL FLOOD HAZARD AREAS are designated by the Federal Emergency Management Agency in flood insurance studies and on flood insurance rate maps as Zones A, AE, AO, A1-30 and A99. This term shall also include areas shown on other flood hazard maps that are specifically listed or otherwise described in this chapter.
START OF CONSTRUCTION. The date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The ACTUAL START means either the first placement of permanent construction on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns or any work beyond initial excavation or the placement of a manufactured home on a foundation. Although a permit must be obtained prior to beginning, permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the ACTUAL START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STATE COORDINATING OFFICE. The state’s Division of Homeland Security and Emergency Management.
STREAM. As defined in W. Va. Code § 7-1-3u, any watercourse, whether natural or human- made, distinguishable by banks and a bed, regardless of their size, through which water flows continually or intermittently, regardless of its volume.
STRUCTURE. A walled and roofed building, including a gas or liquid storage tank that is principally aboveground, as well as a manufactured home.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed 50% of the market value of the structure before the damage occurred. SUBSTANTIAL DAMAGE also means cumulative flood- related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred. See SUBSTANTIAL IMPROVEMENT.
SUBSTANTIAL IMPROVEMENT.
(1) Any repair, reconstruction, rehabilitation, addition or other improvement of a structure the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement.
(2) This term includes structures which have incurred substantial damage, as defined herein, regardless of the actual repair work performed. The term does not, however, include any project for the improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
(3) Historic structures undergoing repair or rehabilitation that would constitute a SUBSTANTIAL IMPROVEMENT as defined above must comply with all ordinance requirements that do not preclude the structure’s continued designation as a historic structure. Documentation that a specific chapter requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from chapter requirements will be the minimum necessary to preserve the historic character and design of the structure.
(4) For the purpose of this definition, IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
TOP OF BANK. The lines depicted on the FIRM maps delineating each side of a stream indicate the TOP OF BANK. In the field, a professional familiar with fluvial geomorphology should document the TOP OF BANK. When a professional is not employed, the TOP OF BANK may be considered to be the top of the first significant slope landward of the water’s edge when it is followed by at least 50 feet of relatively flat land.
VIOLATION. The failure of any structure or development to be fully compliant with all the requirements of this chapter. Any structure or other development lacking the certifications, finished construction elevation certificate or other evidence of compliance required by this chapter is presumed to be in VIOLATION until such time as that documentation is provided.
WILL. Is always mandatory.
(Ord. passed 6-5-2012)
Statutory reference:
Related provisions, see W. Va. Code § 21-11-3(c)