(a) General. A permit is required in order to determine whether all new construction or substantial improvements are:
(1) Located in an identified floodplain, floodway, or other special flood hazard area;
(2) Designated (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;
(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 flooding;
(6) To comply with W. Va. Code 11-3-3a concerning County Assessor “Building or Real Property Improvement Notice”; and
(7) Approved by County Health Department for well, septic, and other permits to assure facilities are designed and located in compliance with the flood damage reduction requirements of this article.
(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 development is to occur;
(3) Applicant shall provide 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 Title 28, Series 2, § 3.9(b) of the West Virginia Code of State Regulations or the most recent revision thereof, if known at the time the permit application is submitted. If not known, applicant shall provide the information within 14 days of execution of a contract with its contractor(s) prior to beginning construction;
(4) A description of site location sufficient to locate the proposed development, including tax map and parcel numbers and most recent deed book and page 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, the lowest adjacent grade to the proposed foundation and/or toe of fill, the base flood elevation, and the location of the floodway boundary when applicable;
(6) An acknowledgment that the applicant agrees to pay any and all fees associated with the permitting process as set forth in § 1765.07(c) and (i);
(7) An acknowledgment that the applicant agrees to allow the Floodplain Administrator and authorized representatives of floodplain management programs 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 within 14 business days of contract signing. The Floodplain Administrator shall keep copies of all contracts or addendums in the applicant’s permit application file. The Floodplain Administrator shall consult with the applicant to redact proprietary and confidential information from the contracts and addendums that are not otherwise public information. Failure to present contract(s) or addendums for review shall void the permit. If a licensed contractor is not involved, or the work is of an aggregate construction cost value of less than $10,000, including material and labor, a brief written description of proposed work and the estimated value will suffice.
(c) Elevation and flood-proofing information. 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 article. Depending on the type of structure involved, the following information shall also be included in the application for work within the special flood hazard area:
(1) All structures, ductwork, and electrical connections shall be elevated two feet above the base flood elevation and:
A. A plan showing the size of the proposed structure and its relation to the lot where it is to be constructed;
B. A determination of elevations of the base flood, existing ground, proposed finished ground and lowest floor, certified by a registered professional engineer or licensed professional surveyor;
C. Plans showing the methods 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 the plans;
D. 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;
E. 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 check for error by obtaining elevation data completed by a registered professional engineer or licensed professional surveyor certifying the height of the lowest floor. If a mistake in elevation has been made, this is the best time to correct the error;
F. A finished construction elevation certificate must be prepared by a licensed professional surveyor or others of demonstrated qualification. The elevation certificate must confirm the structure in question together with attendant utilities are elevated in compliance with permit conditions; and
G. A non-conversion agreement shall be signed by the applicant whenever the Floodplain Administrator determines that the area below the first floor could be converted to a non-conforming use (generally applies to enclosed areas below base flood elevation that are five feet high or more). This agreement shall state:
1. 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 article; and
2. The applicant agrees to notify prospective purchasers of the existence of the non-conversion agreement. It shall be the responsibility of the applicant to transfer the agreement at closing to the purchaser through notarized signature, a copy of all new non-conversion agreements shall be provided to the Floodplain Administrator. Failure to transfer the non-conversion agreement and provide a signed copy to the Floodplain Administrator shall subject the violator to the penalties set forth in § 1765.08(d).
(2) All structures shall be flood-proofed to two feet above the base flood elevation (non-residential structures only). All applicants shall meet or 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 article. 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.
A. 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.
B. 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 or licensed professional surveyor.
C. A flood-proofing certificate, FEMA 81-65, as revised by FEMA, shall be prepared by the registered professional engineer who prepared the plans in division (c)(2)A. above, stating the structure in question, together with attendant utility and sanitary facilities are designed so that:
1. 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
2. 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.
(3) For appurtenant structures constructed of flood-resistant materials, used solely for parking of vehicles, or limited storage (appurtenant structures only), the following provisions apply.
A. A site plan prepared by a licensed professional surveyor or others of demonstrated qualifications showing elevation of existing ground, proposed finished ground, and lowest floor. The plan shall also show details of proposed flood-resistant materials usage and the size of the proposed structure and its relation to the lot where it is to be constructed. The location of the floodway boundary shall be represented on the plan when a floodway is present on the site.
B. An elevation certificate, based on finished construction, must be prepared by a licensed professional surveyor or others of demonstrated qualifications. This certificate or report must confirm that the structure in question, together with attendant utilities is designed so that:
1. 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; and
2. Hydrostatic flood forces on exterior walls are equalized by allowing for automatic entry and exit of flood waters. 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 have 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 flood waters.
C. In addition, the applicant shall sign a non-conversion agreement and notify prospective purchasers of the existence of the non-conversion agreement. It shall be the responsibility of the applicant to transfer the non-conversion agreement to any purchaser at closing through notarized signature. A signed copy of the transferred non-conversion agreement shall be provided to the Floodplain Administrator. Failure to transfer the non-conversion agreement and provide a signed copy to the Floodplain Administrator shall subject the violator to the penalties set forth in § 1765.08(d).
(d) Site plan criteria. Site plans are required for all development, new construction, and substantial improvements determined to be located in a special flood hazard area and all proposed subdivisions and manufactured home parks. These proposals shall be reviewed by the Floodplain Administrator to assure that they are consistent with the need to minimize flood damage. The owner or developer shall submit a preliminary site plan to the Floodplain Administrator that includes the following information:
(1) Name of registered professional engineer, licensed professional 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 floodplain areas, proposed lot sites, and fill areas;
(3) Where the subdivision or manufactured home park lie partially or completely in the special flood hazard areas, the plan map shall include detailed information giving the location and elevation of proposed roads, 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 special flood hazard areas. A registered professional engineer or licensed professional surveyor must certify the site plan; and
(4) 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 and shall delineate the floodway.
A. When a Flood Insurance Study (FIS) is available from FEMA, the data contained in that study must be used to substantiate the base flood elevation.
B. If a FEMA Flood Insurance Study is not available, the required 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.
C. 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.
(5) Where the subdivision or other development site lies partially in the special flood hazard area and all proposed development including fill will take place on natural grade a significant vertical distance above the Approximated Floodplain Area (Zone A) boundary depicted on the map, development of detailed base flood elevation data may not be necessary. In these cases the site plan for the proposed development must show contours at intervals of two or five feet depending on the slope, and clearly delineate the area to be developed and the location of the special flood hazard boundary as scaled from the FEMA map. A registered professional engineer, licensed professional surveyor, or others of demonstrated qualifications must certify the site plan.
(e) Restrictions to subdivision of land in special flood hazard areas. Subdivision of land in the special flood hazard area shall result in lots that include a buildable portion outside of the special 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 special flood hazard area limits. All new structures shall be sited on the portion of the subdivided lot that is located outside of the special flood hazard area.