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(A) Floodway (F1).
(1) Within any floodway area (F1), no encroachments, including fill, new- construction, substantial improvements, repair of substantial damage or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in the base flood elevation.
(2) Because floodways present increased risk to human life and property due to their relatively faster and deeper flowing waters, the floodway shall be preserved to the greatest extent possible.
(a) New development shall not be permitted in the floodway where reasonable alternatives exist elsewhere. In addition to the requirements below, the applicant shall demonstrate that there are no reasonable alternatives other than the floodway encroachment before a permit is issued.
(b) When the floodway is the only reasonable alternative, the applicant shall demonstrate that the floodway encroachment is the minimum necessary to accomplish the project.
(c) All permitted uses, activities and development shall be undertaken in strict compliance with the flood-proofing and related provisions contained herein, and in all other applicable codes, ordinances and regulations.
(B) Floodway Fringe (F2) and Approximated Floodplain (F4).
(1) In the Floodway Fringe (F2) and Approximated Floodplain (F4), any development and/or use of land shall be permitted, provided that all such uses, activities and/or development shall be undertaken in strict compliance with the flood-proofing and related provisions contained herein and in all other applicable codes, ordinances and regulations.
(2) In the Approximated Floodplain (F4), the Floodplain Manager shall review, or shall cause to be reviewed, proposed development less than ten lots or two acres to ascertain the specific flood risk at the building site and assign a “minimal, moderate or significant” risk level.
(a) Development determined to represent a minimal risk and costing less than $10,000 shall be required to provide “Point on Boundary” elevation data and historic flood heights. The Floodplain Manager shall attempt to determine a height that will be reasonably safe from flooding using this elevation data. The Floodplain Manager shall enter the flood height in Section “G” of the elevation certificate. Any new or substantially improved structures using the “point on boundary” method (other than appurtenant structures) shall be required to have the lowest floor elevated at least three feet above the highest adjacent grade even if the collected elevation data would indicate a lower flood elevation. If this method is not adequate to allow the Floodplain Manager to confidently determine the flood height, the applicant shall be required to utilize one of the methods set forth below.
(b) Development determined to represent a low to moderate risk and/or costing less than $30,000 shall provide Quick-2 engineering data prepared by a registered professional engineer or obtain free LOMA data from FEMA. This semi-detailed method will be used by the Floodplain Manager to determine a “Community Flood Elevation”. The Floodplain Manager shall enter the community flood elevations in Section “G” of the elevation certificate.
(c) Development determined to represent a high risk and/or costing more than $30,000 shall be required to develop a base flood elevation using a detailed method such as HEC-ras. This data shall be prepared and certified by a registered professional engineer, who shall certify that the methods used correctly reflect currently accepted technical concepts. The resultant study shall include a cover letter, signed by the responsible professional, providing a statement of findings in basic terms and a completed elevation certificate. In addition, studies, analyses, computations and the like shall be submitted in sufficient detail to allow a thorough technical review by the Floodplain Manager. Base flood elevations determined using this method can be used to rate flood insurance, typically resulting in a reduced premium.
(2) All subdivision proposals and other proposed new developments which are proposed to take place, either fully or partially, within the Approximated Floodplain Area (F4) and which are greater than ten lots or two acres, whichever is the lesser, shall include base flood elevation data.
(a) This data may be available from an authoritative source, such as the U.S. Army Corps of Engineers, U.S. Geological Survey, Natural Resource Conservation Service or state and local water resource department.
(b) If the required data is not available from other sources, the applicant shall develop the technical data 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 methods used correctly reflect currently accepted technical concepts.
(C) AE area without floodway (F3). Within any AE Area without Floodway, no new construction or development shall be allowed unless it is demonstrated through a hydrologic and hydraulic study that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the 100-year flood more than one foot at any point. This requirement can be satisfied by utilization of the floodway area where determined.
(D) Alteration or relocation of a stream.
(1) Whenever a developer intends to alter or relocate a stream within the Floodplain Area, the developer shall notify in writing, by certified mail, the city, Floodplain Administrator, the State Coordinating Office and any adjacent communities of all such intended activities prior to the alteration or relocation of the stream. Copies of all required notifications must be submitted to the Federal Insurance Administration. In addition prior to issuing the local permit, the Floodplain Administrator shall require copies of all necessary permits from those governmental agencies from which federal or state law requires approval. Contact information for state and federal permitting authorities as well as addresses for required notification of appropriate county, state and federal government agencies are contained in the city’s stream alteration administrative procedures.
(2) The developer shall also assure the city in writing that the carrying capacity within the altered or relocated portion of stream will be maintained. The Floodplain Administrator may require the applicant to demonstrate that the altered or relocated portion of stream will provide equal or greater conveyance than the original stream segment. If hydrologic and hydraulic analyses are required, they shall only be undertaken by a registered professional engineer, who shall certify that the methods used correctly reflect currently accepted technical concepts. The resultant study shall include a cover letter, signed by the responsible professional, providing a statement of findings in basic terms. In addition, studies, analyses, computations and the like shall be submitted in sufficient detail to allow a thorough technical review by the Floodplain Administrator.
(3) Alteration of a stream includes placement of culverts, bridges or other stream crossings. The Floodplain Administrator may require the use of “best practice” techniques in the construction of bridges, culverts or stream crossings to prevent damage, loss of stream crossings and localized flooding caused by blockage. These techniques may include, but are not limited to, wing walls, trash grates or requiring openings to be of sufficient size to pass debris and/or anticipated future increases in flood heights.
(4) All new and replacement bridges, culverts and other stream crossings shall adhere to the relevant anchoring requirements contained in this chapter.
(5) The developer is required to provide the community a legal agreement detailing all scheduled inspections and maintenance to be performed on altered or relocated watercourses, including culverts, bridges and other stream crossings. It shall be the responsibility of the applicant to transfer this agreement when the land associated with the watercourse alteration is transferred. 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.
(6) The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the flood insurance study and/or flood insurance rate maps, when notified by the Floodplain Administrator, and must pay any fees or other costs assessed by FEMA for this purpose.
(Prior Code, § 1733.04) (Ord. 07-05, passed 12-18-2007)
(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)
In order to prevent excessive damage to buildings, structures and related utilities and facilities, the following restrictions apply to all development, subdivision proposals, manufactured home parks, new construction and to construction of substantial improvements, and the repair of substantial damage, to existing structures occurring in the floodplain area.
(A) Basements and lowest floors.
(1) All new construction, relocation and substantial improvements, including repair of substantial damage, of residential structures must have the lowest floor, including basement, ductwork and utilities, elevated to two feet above the base flood elevation.
(2) All new construction, relocation, substantial improvements, including repair of substantial damage, of nonresidential structures must have the lowest floor, including basement, ductwork and utilities, elevated to two feet above the base flood elevation; or, together with attendant utility and sanitary facilities, be designed so that 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.
(3) For all new construction, relocation, substantial improvements and repair of substantial damage, those fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following minimum criteria.
(a) 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.
(b) The bottom of all openings shall be no higher than one foot above grade.
(c) Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(B) Manufactured home placement. All manufactured homes to be installed or substantially improved within the identified flood hazard areas of city shall be installed by a contractor possessing a valid West Virginia Manufactured Home Installer’s License. Contractors shall install in accordance with the following standards.
(1) The lowest floor, ductwork and utilities, including HVAC/heat pump, shall be elevated two feet above the base flood elevation.
(2) Elevation shall be on reinforced piers on a permanent foundation or other foundation elements of at least equivalent strength engineered for use in a flood hazard area. Installation designs incorporating dry stacked block piers shall not be used in flood hazard areas.
(3) All manufactured homes shall be anchored to the permanent foundation in compliance with the requirements of 42 West Virginia Code of State Regulations, Series 19 Sections 10A.1, 10A.2 and 10A2.b as authorized by W. Va. Code 21-9-4. The anchoring shall be adequate to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, the over-the-top and frame ties, attached to permanent foundation elements. Ground anchors are not adequate to satisfy flood specific anchoring requirements. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
(4) Any additions to a manufactured home shall be similarly anchored.
(5) A contractor possessing a valid state Manufactured Home Installer’s License shall certify in writing that the manufactured home has been installed to the standards set forth above.
(C) Appurtenant structures.
(1) Except as provided in division (C)(2) below, appurtenant structures shall be located out of the floodplain area or elevated to two feet above the base flood elevation.
(2) Where appurtenant structures not connected to the principal structure are to be located on sites below the base flood elevation, the following flood damage reduction provisions apply:
(a) Structures shall be no more than 600 square feet in size and valued at less than $10,000;
(b) Floors shall be at or above grade on at least one side;
(c) Structures shall be located, oriented and constructed to minimize flood damage;
(d) Structures shall be 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;
(e) Flood resistant materials as detailed in FEMA Technical Bulletin 2-93 (FIA-TB-2) shall be used in the construction of the structure from the lowest structural element to two feet above the base flood elevation;
(f) Machinery, electric devices or appliances and all utilities shall be located at least two feet above the base flood elevation; and
(g) The venting requirements contained in division (A) above are applicable and shall be strictly adhered to.
(3) A nonconversion agreement shall be signed by the applicant stating that the use of the appurtenant structure or detached or attached garage shall not be changed from the use permitted, acknowledging that the structure may be subject to greater flood risk and that higher flood insurance premiums may be possible, and that a change in use may require full compliance with this chapter. The applicant agrees to notify prospective buyers of the existence of this 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.
(D) Recreational vehicle placement. Recreational vehicles to be placed within any floodplain area shall either:
(1) Be on site for fewer than 180 consecutive days;
(2) Be fully licensed and ready for highway use. A recreational vehicle is READY FOR HIGHWAY use if it is on its wheels or jacking system, is attached to the site only by quick disconnect utilities and security devices, and has no permanently attached additions; or
(3) Be installed in accordance with the manufactured home placement requirements and all other flood reduction requirements contained in this chapter.
(E) Fill.
(1) The city officially recognizes the beneficial functions the floodplain serves in storage and transportation of water during floods. The city also finds that placement of fill in floodplains can have undesirable and detrimental effects on velocity, erosion and sedimentation rates causing increased flooding. (No fill shall be permitted in the floodway.)
(2) Placement of fill in other floodplain areas is restricted to functional purposes such as elevating a structure. Placement of fill to dispose of spoil from excavation or to elevate yards, parking lots or fields will not generally be considered a functional purpose. The Floodplain Administrator may require the developer to provide compensatory storage before permitting fill. All fill placed in the floodplain area shall meet or exceed the following standards.
(a) Fill shall be used only to the extent to which it does not adversely affect adjacent properties. The city may require the applicant to demonstrate through engineering reports that proposed fill would not adversely affect adjacent properties. When required, hydrologic and hydraulic analyses shall be undertaken only by a registered professional engineer who shall certify that the technical methods used correctly reflect currently accepted technical concepts. The resultant study shall include a cover letter, signed and sealed by the responsible professional, providing a statement of findings in basic terms. In addition, studies, analyses, computations and the like shall be submitted in sufficient detail to allow a thorough technical review by the city. During permit review, the community shall consider the following issues that have the potential to cause adverse impact to adjacent properties:
1. Unacceptable increases in flood heights;
2. Blocking drainage from adjacent property;
3. Deflection of floodwaters onto adjacent existing structures;
4. Increases to stream velocity initiating or exacerbating erosion problems; or
5. Other unique site conditions may be considered when determining whether fill will cause adverse impact to adjacent property, including, but not limited to, subsidence areas, karst topography, stream blockages and steep topography adjacent to the channel.
(b) Fill shall be used only to the extent to which it does not adversely affect the capacity of channels or floodways of any tributary to the main stream, drainage ditch or any other drainage facility or system.
(c) Filled site must be contoured to drain properly (avoid ponding).
(d) Fill shall extend beyond a structure for a sufficient distance to provide acceptable access. For residential structures, fill shall extend laterally 15 feet beyond the building line from all points before the start of sloping required in division (F) below. For nonresidential structures, fill shall be placed to provide access acceptable for intended use. At grade access, with fill extending laterally 15 feet beyond the building line, shall be provided to a minimum of 25% of the perimeter of a nonresidential structure.
(e) Fill shall consist of soil or rock material only. Sanitary landfills shall not be permitted, no trash or woody debris shall be buried on site.
(f) Fill material shall be compacted to provide the necessary stability and resistance to erosion, scouring or settling. Fill compaction standards must be appropriate to proposed post fill use, particular attention is necessary when fill is being used to elevate a structure.
(g) Fill slopes shall be no steeper than one vertical on two horizontal, unless substantiating data justifying steeper slopes are submitted to and approved by the Floodplain Administrator.
(h) Fill site and fill must be protected from erosion.
1. Fill slopes exposed to flood waters with expected velocities during the occurrence of the base flood of five feet per second or less must be protected from erosion by covering them with grass, vines, weeds or similar vegetative undergrowth.
2. Fill slopes exposed to flood waters with expected velocities during the occurrence of the base flood of greater than five feet per second must be protected from erosion by armoring them with stone or rock slope protection.
(i) The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the flood insurance study and/or flood insurance rate maps, when notified by the Floodplain Administrator, and must pay any fees or other costs assessed by FEMA for this purpose.
(F) Placement of structures. All buildings and structures shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum obstruction effect upon the flow and height of floodwater.
(1) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and
(2) So far as practicable, structures shall be placed approximately on the same flood- flow lines as those of adjoining structures.
(G) Anchoring.
(1) All buildings and structures, including stream crossings, shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse and lateral movement, thus reducing the threat to life and property and decreasing the possibility of the blockage of bridge openings and other restricted sections of the watercourse.
(2) All air ducts, large pipes and storage tanks located at or below the base flood elevation shall be firmly anchored to resist flotation.
(H) Flood protection setback.
(1) A flood protection setback equal to twice the width of the watercourse channel measuring from the top of one bank to the top of the opposite bank or 50 feet, whichever is less, shall be maintained from the top of the banks of all watercourses. To reduce erosion, natural vegetation shall be maintained in this area. Where natural vegetation does not exist along the watercourse and conditions for replanting are suitable, high priority shall be given to planting vegetation in the setback area to stabilize banks and enhance aquatic resources.
(2) Necessary public works and temporary construction may be exempted from this division (H).
(3) The Floodplain Administrator may consider an appeal to the flood protection setback requirement if the applicant demonstrates that it is impossible to allow any development without encroachment into the flood protection setback area. The appeal conditions shall be the minimum necessary and shall be made only after due consideration is given to varying other siting standards, such as side, front and back lot line setbacks.
(I) Storage.
(1) No materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal or plant life, shall be stored below base flood elevation.
(2) Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or readily removable from the area within the time available after flood warning.
(3) Due to the potential of masking the natural elevation and making it more difficult to enforce this chapter, material that resembles “fill” material shall not be considered “storage” material for purposes of this division (I).
(J) Utility and facility requirements.
(1) All new or replacement water systems, whether public or private, shall be designed to minimize or eliminate infiltration of floodwaters into the systems.
(2) All new or replacement sanitary disposal systems, whether public or private, shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
(3) All other new or replacement public and/or private utilities and facilities shall be located and constructed to minimize or eliminate flood damage.
(4) Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(K) Drainage. Adequate drainage shall be provided to reduce exposure to flood hazard.
(L) Backflow preventers. Back flow prevention valves should be used for all enclosed structures with sewage or drainage facilities located in the floodplain.
(Prior Code, § 1733.06) (Ord. 07-05, passed 12-18-2007)
The Building Codes Official is hereby appointed as Floodplain Administrator to administer and implement this local law by granting or denying floodplain development permits in accordance with its provisions.
(A) Development permits and site plan approvals required. 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, placement or relocation of any structure, including manufactured homes, within city unless a permit application and standard site plan has been completed and submitted, and a permit has been obtained from the Floodplain Administrator. In addition, where land that is either partially or fully in the regulatory floodplain is to be subdivided, utilized for a manufactured home park or subdivision or otherwise developed, a detailed site plan must be submitted to, and approved by, the Floodplain Administrator prior to any development.
(B) Approval of permits and plans.
(1) The Floodplain Administrator shall review, or shall cause to be reviewed, all permit applications and plans in order to determine whether proposed building sites are reasonably safe from flooding.
(2) All permits and plans shall be approved only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of the state and all other applicable codes and ordinances.
(3) The Floodplain Administrator shall not issue a permit to any person who does not possess a valid contractor’s license when a contractor’s license is required by W. Va. Code 21-11-10.
(4) The Floodplain Administrator, before issuance of the permit, shall require the applicant to furnish satisfactory proof that such person is duly licensed as a contractor under the provisions of state code. If the applicant is not licensed a written affidavit that such person is not subject to licensure as a contractor or subcontractor, as defined in W. Va. Code 21-11-3, shall be provided to the Floodplain Administrator and placed in the permit file.
(5) The Floodplain Administrator shall require copies of all necessary permits from those governmental agencies from which federal or state law requires approval.
(6) The Floodplain Administrator shall provide a copy of all permits to the County Assessor as required by W. Va. Code 11-3-3A.
(7) The Floodplain Administrator shall provide a copy of all permits for new structures to the County E-911 addressing coordinator.
(8) The city shall provide sufficient space to allow the Floodplain Administrator to keep on file in perpetuity, in a location safe from natural hazards, all information collected during the course of the administration of this chapter.
(C) Application procedures. Application for a permit and/or site plan approvals shall be made, in writing, on the forms supplied by the city, and shall include all information stipulated under § 153.05.
(D) Changes. After the issuance of a permit or site plan approval by the Floodplain Administrator, no changes of any kind shall be made to the application, permit or any of the plans, specification or other documents submitted with the application without the written consent or approval of the Floodplain Administrator.
(E) Permit placards. The Floodplain Administrator shall issue a permit placard, which shall be prominently displayed on the premises during the time construction is in progress. This placard shall show the number of the permit, the date of its issuance and be signed by the Floodplain Administrator.
(F) Start of construction. Work on the proposed construction shall begin within six months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. All work on the proposed construction must be completed within 12 months of permit issuance, at which time the permit shall expire, unless a time extension is granted in writing by the Floodplain Administrator.
(G) Stop-work orders, inspections and revocations.
(1) Stop-work orders.
(a) The Floodplain Administrator shall issue, or cause to be issued, a “Stop- Work Order Notice” for any development found ongoing without having obtained a permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 153.99.
(b) The Floodplain Administrator shall issue, or cause to be issued, a “Stop- Work Order Notice” for any development found non-compliant with the provisions of this law and/or the conditions of the permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 153.99.
(2) Inspections and revocations.
(a) During the construction period, the Floodplain Administrator or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable laws and ordinances.
(b) If the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances or that there has been false statement or misrepresentation by any applicant, the Floodplain Administrator shall issue a “Stop-Work Order Notice”, revoke the permit and notify the Chief Elected Official.
(c) The Floodplain Administrator or other authorized official may inspect any development covered by this chapter or previous ordinance to determine whether any portion of the development has been altered to be in non-compliance with the requirements of this chapter. The Chief Elected Official shall be notified of any development found to be out of compliance with this chapter.
(H) Certificate of compliance.
(1) In areas of flood hazard, it shall be unlawful to occupy, or to permit the use or occupancy, of any building or premises, or both, or part thereof hereafter created, erected, installed, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the Local Floodplain Administrator stating that the building or land conforms to the requirements of this local law. Occupying or using a building or premises in violation of this section shall subject the violator to the penalties described in § 153.99.
(2) In areas of flood hazard, it shall be unlawful to inspect and approve a permanent utility connection to any building or premises, or both, or part thereof hereafter created, erected, installed or rebuilt until the inspector is in possession of a copy of the certificate of compliance issued by the Local Floodplain Administrator stating that the particular development being inspected conforms to the requirements of this local law. Inspection and approval of utilities in violation of this section shall subject the violator to the penalties described in § 153.99.
(3) In areas of flood hazard it shall be unlawful to install a permanent utility connection to any building or premises, or both, or part thereof hereafter created, erected, installed or rebuilt until a certificate of compliance has been issued by the Local Floodplain Administrator stating that the development conforms to the requirements of this local law. Installation of utilities in violation of this section shall subject the violator to the penalties described in § 153.99.
(4) A certificate of compliance shall be issued when the Floodplain Administrator is satisfied that all development in areas of special flood hazard will comply with the requirements of this chapter.
(5) Issuance of the certificate shall be based upon the inspections conducted as prescribed in this chapter or local administrative procedures, and upon receipt of finished construction elevation certificate, hydraulic data, flood-proofing certificate or encroachment analyses required as a condition of permit approval.
(I) Fees.
(1) A floodplain determination fee as set by the City Council, payable to the city, shall be assessed on all proposed development.
(2) A fee of $10, payable to the city, shall be charged for completion of a special flood hazard determination form for real estate, loan or insurance purposes.
(3) Application for a permit for proposed development determined to be occurring in a flood hazard area regulated by this chapter shall be accompanied by a fee, payable to the city, based upon the estimated value of the proposed construction as determined by the Floodplain Administrator at the following rates:
Type of Development | Fee |
Accessory structures | As set by the City Council |
Floodway development reviews (additional fee) | As set by the City Council |
One- and two-family dwelling | As set by the City Council |
Site plans, grading and filling (additional fee) | As set by the City Council |
Any other structures | As set by the City Council |
(4) In addition, the applicant shall be responsible for reimbursing the city for any additional costs for services necessary for review and/or inspection of proposed development. Services include, but are not limited to, professional engineering and surveying. The Floodplain Administrator may require a deposit towards these additional costs. Additional costs may include reimbursement for contracted services.
(5) When any work for which a permit is required by this chapter is started or proceeded with prior to obtaining a permit, the fees above specified shall be doubled. Payment of the doubled fee shall not relieve any person from complying fully with the requirements of this chapter in the execution of the work or from other penalties prescribed herein.
(Prior Code, § 1733.07) (Ord. 07-05, passed 12-18-2007) Penalty, see § 153.99
(A) Generally. Whenever any person is aggrieved by a decision of the Floodplain Administrator with respect to the provision of this chapter, it is the right of that person to appeal to the City Council which shall be known as the Appeals Authority. Such appeal must be filed, in writing, within 30 days after notification of the decision. Upon receipt of such appeal, the Appeals Authority shall set a time and place not less than ten nor more than 45 days for the purpose of hearing the appeal. Notice of the time and place of the hearing shall be given to all parties at which time they may appear and be heard. The determination by the Appeals Authority shall be final in all cases.
(B) Appeal review criteria.
(1) All appeals contesting only the permit fee, the cumulative substantial damage requirement, the flood protection setback requirement or the freeboard requirements may be handled at the discretion of the Appeals Authority.
(2) All decisions on appeals to all other provisions of this chapter shall adhere to the following criteria.
(a) Affirmative decisions shall only be issued by the Appeals Authority upon: a showing of good and sufficient cause; a determination that failure to grant the appeal would result in exceptional hardship to the applicant; and a determination that the granting of an appeal will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances or cause fraud on or victimization of the public or conflict with existing locals laws or ordinance.
(b) An affirmative decision shall be issued only upon determination that it is the minimum necessary, considering the flood hazard, to afford relief. Financial hardship, as a sole criterion, shall not be considered sufficient justification to grant an appeal.
(c) An affirmative decision shall be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(d) The Appeals Authority shall notify the applicant in writing over the signature of a community official that the issuance of a decision to allow construction of a structure below the base flood elevation will result in increased premium rates for flood insurance, such construction below the base flood elevation increases risk to life and property. Such notifications shall be maintained with a record of all decisions as required in division (B)(2)(e) below; and
(e) The Appeals Authority shall maintain a record of all decisions including justification for their issuance, and report such decisions issued in its biannual report to the Federal Insurance Administration.
(f) An affirmative decision shall not be granted for any construction, development, use or activity within any floodway area that would cause any increase in the base flood elevation.
(Prior Code, § 1733.08) (Ord. 07-05, passed 12-18-2007)
(A) Municipal annexation.
(1) The city shall pass a resolution acknowledging and accepting responsibility for enforcing floodplain ordinance standards during annexation of any area containing identified flood hazards.
(2) All plats or maps of annexation shall show the floodplain boundaries, base flood elevation and location of the floodway where determined.
(B) Permits for government entities. Unless specifically exempted by law, all public utilities and municipal, county, state and federal entities are required to comply with this chapter and obtain all necessary permits. Any entity claiming to be exempt from the requirements of this chapter must provide a written statement setting forth the rationale for exemption. In addition, the entity claiming exemption shall provide copies of all relevant legal documentation demonstrating the exemption.
(Ord. 07-05, passed 12-18-2007)
The granting of a permit or approval of a subdivision or development plan in an identified flood- prone area shall not constitute a representation, guarantee or warranty of any kind by the city, or by any official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the city. All applicants proposing development in or near a flood hazard area are urged to locate development as far away from, and as high above, all flooding sources as possible.
(Prior Code, § 1733.09) (Ord. 07-05, passed 12-18-2007)
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