(A) Interpretations. For the purpose of this article, the following interpretations shall apply:
(1) Words used in the present tense include the future tense;
(2) The singular includes the plural;
(3) The plural includes the singular;
(4) The word
PERSON includes a corporation, unincorporated association, or partnership as well as an individual;
(5) The term
SHALL or WILL is always mandatory;
(6) The word
BUILDING or STRUCTURE shall be construed as if followed by the phrase “or part thereof”; and
(7) The word
ORDINANCE shall refer to the floodplain ordinance.
(B) Definitions generally. Unless specifically defined below, words and phrases used in this ordinance shall be interpreted to give this ordinance it’s most reasonable application.
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. The water surface elevation of the base flood in relation to the datum specified on the community’s flood insurance rate map. For the purposes of this ordinance, 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.
CERTIFICATE OF COMPLIANCE. A certification that the entire development, including the elevation of fill or the lowest floor of a structure is in compliance with all the provisions of the ordinance.
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 floodplain.
CONTRACTOR.
(a) 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 $2,500 or more. The term
CONTRACTOR includes a construction manager who performs management and counseling services on a construction project for a professional fee.
(b) The term
CONTRACTOR does not include:
1. One who merely furnishes materials or supplies without fabricating or consuming them in the construction project;
2. 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;
3. 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;
4. 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
5. 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.
(W. Va. Code 21-11-3(c))
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, 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 floodplain if at all possible. If a CRITICAL FACILITY must be located in a floodplain 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 storage of equipment or materials.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the installation of concrete pads) is completed before August 9, 1974.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the installation of concrete pads).
FLOOD. A general and temporary inundation of normally dry land areas.
FLOOD INSURANCE RATE MAP (FIRM). The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazard areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY. The official report in which the Federal Emergency Management Agency has provided flood profiles, floodway information, and water surface elevations.
FLOODPLAIN. Includes:
(a) A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation; and
(b) An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN ADMINISTRATOR. The Code Official of the City of Milton who shall be appointed by the Mayor.
FLOOD-PROOFING. Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate 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 purposes of floodplain management. FREEBOARD tends to compensate for unknown factors that may contribute uncertainty to 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.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction next to the proposed foundation of a structure.
HISTORIC STRUCTURE. Any structure that is:
(a) 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;
(b) 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;
(c) 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
(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
1. By an approved state program as determined by the Secretary of the Interior; or
2. 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 W. Va. Code 21-9-1 et seq.
LICENSED MANUFACTURED HOME RETAILER. A business licensed to sell manufactured homes in the State of West Virginia as set forth in W. Va. Code 21-9-1 et seq.
LICENSED PROFESSIONAL SURVEYOR. Any person licensed by the State Board of Examiners of Land Surveyors to engage in the practice of land surveying as defined in W. Va. Code 30-13A-1 et seq.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished enclosure constructed with flood resistant materials as defined in the FEMA Technical Bulletin 2 and usable solely for 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 is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.
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.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION. Structures for which the start of construction as herein defined commenced on or after August 19, 1974, and including any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after August 19, 1974.
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.
PERSON. Any individual or group of individuals, corporation, partnership, association, or other entity, including state and local governments and agencies.
PRACTICE OF ENGINEERING.
(a) Any service or creative work, as described in W. Va. Code Article 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.
(b) 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 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 Article 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 Article 13.
PRINCIPALLY ABOVE GROUND. Where at least 51% of the actual cash value of a structure, less land value, is above ground.
RECREATIONAL VEHICLE. A vehicle which is:
(a) Built on a single chassis;
(b) Four hundred square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) 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 professional engineer by the West Virginia Board of Registration for Professional Engineers as required under W. Va. Code Article 13 et seq.
REMEDY A VIOLATION. To bring a structure or other development into compliance with the requirements of this ordinance, or, if full compliance is not possible, to reduce the adverse impacts of the noncompliance to the greatest extent feasible.
START OF CONSTRUCTION. The date the building 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 of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of 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 and/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. (The definition for START OF CONSTRUCTION is to be used only when calculating the starting time of the six-month expiration of a permit.)
STATE COORDINATING OFFICE. The West Virginia 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 above ground, 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 equals or exceeds 25% of the market value of the structure before the damage occurred. See SUBSTANTIAL IMPROVEMENT.
SUBSTANTIAL IMPROVEMENT.
(a) 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.
(b) 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 improvement of a structure to correct existing violation 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.
(c) 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 ordinance 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 ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.
(d) 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 THE BANK will be considered to be the top of the first significant slope landward of the waters 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 requirements of this ordinance. Any structure or other development lacking the certifications, finished construction elevation certificate, or other evidence of compliance required by this ordinance is presumed to be in VIOLATION until such time as that documentation is provided.
(Prior Code, § 1731.02)
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