(a) General. Building permits are required in order to determine whether all new construction or substantial improvements are:
(1) Located in the identified Floodplain or Floodway.
(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 such as those listed in FEMA Technical Bulletin 2-93 (FIA-TB-2).
(4) Constructed by methods and practices that minimize flood damage.
(5) Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other services 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 Building 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) Name, address, and valid West Virginia license number of contractor.
(4) Site location.
(5) Brief description of proposed work and estimated cost.
(6) A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
(c) Elevation and Flood Proofing Information. Depending on the type of structure involved, the following information shall also be included in the application for work within the Floodplain Area:
(1) For Structures to be elevated to the Base Flood Elevation plus one and one foot Freeboard:
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 elevation of the existing ground, proposed finished ground and lowest floor, certified by a registered professional engineer, licensed professional surveyor or architect.
C. Plans showing the method of elevating the proposed structure including details of proposed fills, pile structures, retaining walls, foundations, erosion protection measures, etc. When required by the Floodplain Administrator, a registered professional engineer or architect shall prepare these plans.
D. Plans showing the methods used to protect utilities (including sewer, water, telephone, electric, gas, etc.) from flooding to 1-l/2 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, the applicant shall submit an Elevation Certificate listing the "as built" height of the lowest floor. A registered professional engineer, licensed professional surveyor or architect shall complete this Elevation Certificate.
F. The applicant shall sign a Nonconversion Agreement whenever the area below the first floor is five feet or more in height. This agreement shall state:
1. The area below Base Flood Elevation shall not be converted for a use other than for parking, building access or allowable storage as detailed in Section 1741.06(h).
2. The applicant agrees to notify prospective buyers of the existence of this agreement. This nonconversion document must be signed and agreed to by the new owner during the closing on the property before change of ownership is concluded.
(2) For structures to be floodproofed to the Base Flood Elevation plus one foot of freeboard (nonresidential structures only):
A. Plans showing details of all flood-proofing measures, prepared by a registered professional engineer or architect, and 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 existing ground, proposed finished ground, lowest floor, and flood-proofing limits; certified by a registered professional engineer, licensed professional surveyor, or architect.
C. A Flood-proofing Certificate, FEMA 81-65, as revised by FEMA shall be prepared by the registered professional engineer or architect who prepared the plans in subsection (c)(2)A. hereof, stating that the structure in question, together with attendant utility and sanitary facilities is designed so that:
1. The structure is water tight with walls substantially impermeable to the passage of water below the Base Flood Elevation plus one foot six inches of freeboard.
2. The structure will withstand the hydrostatic, hydrodynamic, buoyant, impact, and other forces resulting from flood depths, velocities, pressures, and other factors associated with the Base Flood.
(3) For structures constructed of flood resistant materials that are usable solely for parking of vehicle, or storage, (Appurtenant Structures only):
A. 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.
B. A completed Elevation Certificate showing elevation of existing ground, proposed finished ground and lowest floor.
C. A certificate must be prepared by the Floodplain Administrator, that confirms that the structure in question, together with attendant utilities is designed so that:
1. The structure is constructed of flood resistant materials up to two feet above the Base Flood Elevation and that all utilities are located at least two feet above the Base Flood Elevation.
2. 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 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 higher than one foot above grade.
(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.
(d) Site Plan Criteria. The owner or developer of any proposed subdivision, Manufactured Home Park or other development located fully or partially within the Floodplain area shall submit a site plan to the Flood Administrator, which 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 the Municipality'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 (F3) and which are greater than fifty (50) lots or five (5) 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 the 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. The data shall be prepared and certified by a registered professional engineer or others of demonstrated qualifications, 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 should also show contours at intervals of two (2) or five (5) feet depending upon the slope of the land and identify accurately the boundaries of the floodplain areas.
(4) Where the subdivision lies partially in the floodplain area but all proposed development is demonstrated to take place outside of 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, licensed professional surveyor or others of demonstrated qualifications must certify the site plan.
(e) Flood Protection Setback Requirement.
(1) Necessary public works and temporary construction may be exempted from this subsection.
(2) A Flood Protection Setback equal to thirty-five feet measuring from the top of one bank to the top of the opposite bank shall be maintained from the top of the banks of all watercourses shown on the FIRM or Floodway maps. 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.
(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.
(1-6-04)
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