(A) General. Permits are required in order to determine whether all new construction or substantial improvements are:
(1) Located in an identified floodplain, floodway or other flood hazard area;
(2) Designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(3) Constructed with material and utility equipment resistant to flood damage as outlined in FEMA Technical Bulletin 2-93 (FIA-TB-2) or the most recent revision thereof;
(4) Constructed by methods and practices that minimize flood damage; and
(5) Constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(B) Basic format. The basic format of the permit shall include the following:
(1) Name and address of applicant;
(2) Name and address of owner of land on which proposed construction is to occur;
(3) Names, addresses and valid West Virginia license numbers of all contractors working at the building site, or affidavits stating that work is being performed by individuals exempt from contractor licensing as set forth in W. Va. Code 30-42-6 or state regulations or the most recent revision thereof;
(4) A description of site location sufficient to locate the project, including tax map and parcel number;
(5) A standard site plan showing size and location of the proposed development as well as any existing buildings or structures. The site plan shall also show all adjacent roads and watercourses with direction of flow;
(6) An acknowledgment that the applicant agrees to pay any and all fees associated with the permitting process as set forth in § 153.07(I);
(7) An acknowledgment that the applicant agrees to allow community officials access to the development to inspect for compliance; and
(8) The contract required by West Virginia Code of State Regulations, Title 28, Series 4, and all addendums to the contract(s) shall be presented to the Floodplain Administrator for review. Any amendments or addendums to this contract shall be presented within five business days of signing. The community does not require and will not keep copies of the contracts. Failure to present a contract or an amendment or addendum for review shall void the permit. If a licensed contractor is not involved, or the work is of an aggregate value of less than $10,000 including materials and labor, a brief written description of proposed work and the estimated value will suffice.
(C) Elevation and flood-proofing information.
(1) All applicants are encouraged to exceed the minimum elevation requirements contained herein. Flood insurance rates can be lowered significantly by increasing the elevation of the lowest floor above the freeboard height required by this chapter.
(2) Depending on the type of structure involved, the following information shall also be included in the application for work within the floodplain area;
(a) For structures to be elevated two feet above the base flood elevation:
1. A plan showing the size of the proposed structure and its relation to the lot where it is to be constructed;
2. A determination of elevations of the base flood, existing ground, proposed finished ground and lowest floor, certified by a registered professional engineer, surveyor or architect;
3. Plans showing the method of elevating the proposed structure, including details of proposed fills, pile structures, retaining walls, foundations, erosion protection measures and the like. When required by the Floodplain Administrator, a registered professional engineer or architect shall prepare these plans;
4. Plans showing the methods used to protect utilities (including sewer, water, telephone, electric, gas and the like) from flooding to two feet above the base flood elevation at the building site;
5. During the course of construction, as soon as the basic elements of the lowest floor are in place and before further vertical construction, it is highly recommended that the applicant obtain elevation data completed by a licensed surveyor certifying the height of the lowest floor; and
6. A nonconversion agreement shall be signed by the applicant whenever the community determines that the area below the first floor could be converted to a nonconforming use (generally areas below base flood elevation with ceilings higher than five feet). This agreement shall state:
a. The area below base flood elevation shall not be converted for use other than for parking, building access or for allowable storage as detailed in this chapter; and
b. The applicant agrees to notify prospective buyers of the existence of the non-conversion agreement. It shall be the responsibility of the applicant to transfer the agreement at closing to the new owner via notarized signature, a copy of all new agreements shall be provided to the Floodplain Administrator. Failure to transfer the agreement and provide a signed copy to the Floodplain Administrator shall subject the violator to the penalties set forth in § 153.99.
(b) For structures to be flood-proofed to two feet above the base flood elevation (nonresidential structures only): all applicants are encouraged to exceed the minimum flood-proofing requirements contained herein. Flood insurance rates can be lowered significantly by increasing the level of flood-proofing above the height required by this chapter. In order to obtain an “elevation credited” flood insurance rate on dry flood-proofed buildings, flood-proofing must extend at least one foot above the base flood elevation:
1. Plans showing details of all flood-proofing measures, prepared by a registered professional engineer, showing the size of the proposed structure and its relation to the lot where it is to be constructed;
2. A determination of elevations of the base flood, existing ground, proposed finished ground, lowest floor and flood-proofing limits, certified by a registered professional engineer, surveyor or architect; and
3. A flood-proofing certificate, FEMA 81-65, as revised by FEMA, shall be prepared by the registered professional engineer who prepared the plans in (C)(2)(b)1. above, stating the structure in question, together with attendant utility and sanitary facilities is designed so that:
a. The structure is water tight with walls substantially impermeable to the passage of water from the lowest structural element to two feet above the base flood elevation; and
b. The structure will withstand the hydrostatic, hydrodynamic, buoyant, impact and other forces resulting from the flood depths, velocities, pressures and other factors associated with the base flood.
(c) Appurtenant structures, structures constructed of flood resistant materials and used solely for parking of vehicles or storage:
1. Plans showing details of all flood-proofing measures and showing the size of the proposed structure and its relation to the lot where it is to be constructed;
2. A completed elevation certificate showing elevation of existing ground, proposed finished ground and lowest floor; and
3. The Floodplain Manager shall prepare, or shall cause to be prepared, certification confirming that the appurtenant structure, together with attendant utilities is designed so that:
a. Flood resistant materials as detailed in FEMA Technical Bulletin 2-93 (FIA-TB-2) are used in the construction of the structure from the lowest structural element to two feet above the base flood elevation and that all utilities are located at least two feet above the base flood elevation;
b. Hydrostatic flood forces on exterior walls are equalized by allowing for automatic entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
i. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;
ii. The bottom of all openings shall be no higher than one foot above grade; and
iii. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
c. The applicant shall sign a non-conversion agreement and notify prospective buyers of the existence of the agreement. It shall be the responsibility of the applicant to transfer the non-conversion agreement to any new owner at closing via notarized signature. A signed copy of the transferred non-conversion agreement shall be provided to the Floodplain Administrator. Failure to transfer the agreement and provide a signed copy to the Floodplain Administrator shall subject the violator to the penalties set forth in § 153.99.
(D) Site plan criteria. The owner or developer of any proposed development, including subdivisions and manufactured home parks, shall submit a preliminary site plan to the Floodplain Administrator that includes the following information:
(1) Name of registered professional engineer, surveyor or other qualified person responsible for providing the information required in this section;
(2) A map showing the location of the proposed subdivision and/or development with respect to the town’s floodplain areas, proposed lots sites and fills. In addition, it is required that all subdivision proposals and other proposed new developments which are proposed to take place either fully or partially within the approximated floodplain (F4) and which are greater that ten lots or two acres, whichever is the lesser, shall include base flood elevation data. If FEMA has completed a Flood Insurance Study (FIS), that data must be used to substantiate the base flood. Otherwise, the developer may submit data provided by an authoritative source, such as U.S. Army Corps of Engineers, U.S. Geological Survey, Natural Resources Conservation Service, state and local water resource departments, or technical data developed using detailed methodologies comparable to those contained in a flood insurance study. This data shall be prepared and certified by a registered professional engineer, who shall certify that the technical methods used correctly reflect currently accepted technical concepts;
(3) Where the subdivision and/or development lies partially or completely in the floodplain areas, the plan map shall include detailed information giving the location and elevation of proposed roads, public utilities and building sites. All such maps shall also show contours at intervals of two or five feet depending upon the slope of the land and identify accurately the boundaries of the floodplain areas; and
(4) Where the subdivision lies partially in the floodplain area and all proposed development will take place on natural grade a significant vertical distance above the floodplain area, development of detailed base flood elevation data may not be necessary. In these cases the site plan for the proposed development must clearly delineate the area to be developed and the location of the floodplain areas as depicted on the FEMA map. A registered professional engineer or licensed professional surveyor must certify the site plan.
(E) Restrictions to subdivision of land in floodplain areas. Subdivision of land in the floodplain area must result in lots that include a buildable portion outside of the identified flood hazard area and be served by streets within the proposed subdivision having surfaces not lower than one foot below the elevation of the line defining the floodplain limits. All new structures must be sited on the portion of the subdivided lot that is located outside of the identified flood hazard area.
(Prior Code, § 1733.05) (Ord. 07-05, passed 12-18-2007)