(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 construction practices in order to prevent or minimize flood damage in the future.
(3) Minimize danger to public health and safety by protecting 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 West Virginia Code §11-3-3A.
(5) Assure E-911 addresses are obtained to maintain the currency of established emergency response dispatch systems.
(6) Reduce financial burdens imposed on the City, its governmental units, and its residents, by preventing the unwise design and construction of development in areas subject to flooding.
(b) Abrogation and Greater Restrictions. This Ordinance supersedes any ordinances currently in effect in flood prone areas. However, any ordinance shall remain in full force and effect to the extent that its provisions are more restrictive.
This Ordinance reenacts and amends Ordinance No. 92-005.
(c) Applicability. 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, but not limited to, manufactured homes, within the Flood Plain Area in New Cumberland, unless a permit application has been completed and a permit or certificate of compliance has been obtained from the Floodplain Administrator. Additionally, where land is to be 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.
Provisions of all 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. 10-002. Passed 3-15-10.)