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(a) Summary. This is an article establishing that a floodplain exists and requiring all contractors, persons, partnerships, businesses, and corporations to obtain a permit for development and the construction, substantial improvement, or relocation of any building or structure; providing for certain minimum standards for construction within the floodplain area and setting forth special procedures for submission and approval of plans; and establishing penalties for any person who fails to comply with the requirements or provisions of this ordinance.
(b) Authority and Purpose. The provisions of this article have been prepared with the intention of meeting the requirements of Section 60.3(d) of the National Flood Insurance Program, the National Floodplain Insurance Act of 1968 (Public Law 91-152) amended by the Congress of the United States through the 15th of February, 1975, West Virginia Code 7-1-3v, 7-1-3n, and 7-1-3kk.
(c) Intent. The intent of this article is to:
(1) Promote the general health, welfare and safety of the community;
(2) Encourage the utilization of appropriate minimum construction practices in order to prevent or minimize flooding damage;
(3) Minimize danger to public health and safety by protecting the water supply and sanitary sewage disposal, and to protect natural drainage;
(4) Assure the county assessor obtains information concerning improvement of real property as required by West Virginia Code 11-3-3a;
(5) Assure all county E-911 addresses are obtained and kept current to maintain the established emergency response dispatch systems; and
(6) Reduce financial burdens imposed on the residents, real property owners, and governmental units by preventing the unwise design and construction of development in areas subject to flooding.
(d) Abrogation and Greater Restrictions. This article supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this article, the more restrictive shall apply.
(e) Applicability. It shall be unlawful for any person or entity, contractor, partnership, business, or corporation to undertake or cause to be undertaken, any development, new construction, substantial improvement, repair of substantial damage, other repairs, or the placement or relocation of any structure (including manufactured homes) within the City of South Charleston unless a permit application has been completed and a permit has been obtained from the Floodplain Administrator. In addition, where land is partially or fully in the floodplain is to be developed, subdivided, utilized for a manufactured home park or subdivision, or otherwise developed, a site plan with elevation data must be submitted to, and approved by, the Floodplain Administrator prior to any development. Provisions of all other laws, ordinances, rules, and regulations shall be applicable insofar as they are consistent with the provisions of this article and the City's need to minimize the hazards and damage resulting from flooding.
(f) 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 article in accordance with its intent and shall require the applicant to take appropriate measures pursuant to such determination.
(g) Short Title. This article shall be known as the "Floodplain Ordinance."
(Ord. 2261. Passed 8-16-18.)