(A) Intent. The intent of this chapter 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 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.
(B) Abrogation and greater restrictions. This chapter 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.
(C) Application.
(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, or the placement or relocation of any structure (including manufactured homes) within the city, unless a permit application has been completed and a permit and certificate of compliance has been obtained from the Floodplain Administrator. In addition, where land is to be subdivided, utilized for a manufactured home park or subdivision or otherwise developed, a site plan 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 chapter and the community’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 chapter in accordance with its intent, and shall require the applicant to take appropriate measures pursuant to such determination.
(Ord. 07-05, passed 12-18-2007) Penalty, see § 153.99