§ 1735.01 GENERAL PROVISIONS.
   (A)   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 in cooperation with the County Sanitarian, and to protect natural drainage.
      (4)   Assure the County Assessor obtains information concerning improvement of real property as required by W. V. Code § 11-3-3a.
      (5)   Assure all county E-911 addresses are obtained and kept current to maintain the established emergency response dispatch systems.
      (6)   Reduce financial burdens imposed on the residents, real property owners and its governmental units by preventing the unwise design and construction of development in areas subject to flooding.
   (B)   Abrogation and greater restrictions. This article supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance 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.
   (C)   Applicability.
      (1)   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, other repairs, or the placement or relocation of any structure (including manufactured homes) in the special flood hazard area within the city unless a floodplain determination has been made from the Floodplain Administrator, a floodplain 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.
      (2)   Provision of all other codes, ordinances, 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.
   (D)   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.
   (E)   Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this article shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this article which shall remain in full force and effect and for this purpose the provisions of this article are hereby declared to be severable.
   (F)   Liability. The granting of a permit or approval of a subdivision, development plan in an identified special flood hazard area, shall not constitute a representation, guarantee, or warranty of any kind by the City Council or 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 Council or the city. This article does not create a private cause of action. All applicants proposing construction in or near a floodplain area are urged to locate construction as far away from, and as high above, all flooding sources as possible.
('71 Code, § 1735.01) (Ord. 568, passed 9-10-79; Am. Ord. 2156, passed 6-7-21)
Cross-reference:
   Flood plain, see Part XIII, Chapter 3, § 1.1 et seq.
Statutory reference:
   Flood control projects, see W. V. Code § 8-30-1
   Flood plain area management, see W. V. Code § 7-1-3v