(A) Authority.
(1) The provisions of this ordinance 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 February 15, 1975 (Pub. Law. No. 91-152).
(2) Authority to adopt, administer, and enforce this ordinance is vested in the community pursuant to W. Va. Code 8-12-14, 7-1-3n, 7-1-3v, and 7-1-3kk and/or W. Va. Code 8A-4-2, 8A-5-7, and 8A-7-2.
(B) 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 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, sanitary sewage disposal in cooperation with the County Sanitarian;
(4) Assure the County Assessor obtains information concerning improvement of real property as required by W. Va. Code 11-3-3A;
(5) Assure county E-911 addresses are obtained to maintain the currency of established emergency response dispatch systems; and
(6) Reduce financial burdens imposed on the community, 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. It shall be unlawful for any contractor, person, partnership, business, or corporation to undertake or cause to be undertaken, any development or the new construction, substantial improvement, repair of substantial damage, or the placement or relocation of any structure (including manufactured homes) within the city, 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 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 Administration prior to any development. Provision of all other codes, ordinances, and regulations shall be applicable insofar as they are consistent with the provisions of this article 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 ordinance in accordance with its intent and shall require the applicant to take appropriate measures pursuant to such determination.
(Prior Code, § 1731.01) Penalty, see 101.99
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