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The intent of this chapter is to:
(A) Promote the general health, welfare, and safety of the community;
(B) Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future;
(C) Minimize danger to public health and safety by protecting water supply, sanitary sewage disposal, and natural drainage;
(D) Reduce financial burdens imposed on the community, its governmental units, and its residents by preventing the unwise design and construction of development in areas subject to flooding;
(E) Assure County E-911 addresses are obtained to maintain the currency of established emergency response dispatch systems; and
(F) Reduce financial burdens imposed on the community, its governmental units, and its residents by preventing the unwise design and construction of development in areas subject to flooding.
(Ord. passed 2-8-2010)
(A) (1) It shall be unlawful for any contractor, person, partnership, business, or corporation to undertake or cause to be undertaken any development or the new construction, substantial improvement, or the placement or relocation of any structure (including manufactured homes) within the city, unless a permit application has been completed and a permit or certificate of compliance has been obtained from the Floodplain Administrator.
(2) Additionally, where land 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 must be submitted to, and approved by, the Floodplain Administrator prior to any such development.
(B) Provisions of all other codes, ordinances, and regulations shall be applicable insofar as they are consistent with the provisions of this chapter and the community’s need to minimize the hazards and damage resulting from flooding.
(Ord. passed 2-8-2010) Penalty, see § 156.999
(A) For the purpose of this chapter, the following interpretations shall apply:
(1) Words used in the present tense include the future tense;
(2) The singular includes the plural;
(3) The plural includes the singular;
(4) The word “person” includes corporation, unincorporated association or partnership as well as an individual;
(5) The term “shall” or “will” is always mandatory;
(6) The word “building” or “structure” shall be construed as if followed by the phrase “or part thereof”; and
(7) The word “ordinance” shall refer to the floodplain ordinance.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPURTENANT STRUCTURE. A structure on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. This does not include a gas or liquid storage tank.
BASE FLOOD. The flood which has been selected to serve as the basis upon which the floodplain management provisions of this chapter and other ordinances have been prepared, for purposes of this chapter, the 100-YEAR FLOOD.
BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.
CERTIFICATE OF COMPLIANCE. A certification that the entire development, including the elevation of fill or the lowest floor of a structure, is in compliance with all of the provisions of this chapter.
CONTRACTOR. Based on W. Va. Code 21-11-3(c), a person who, in any capacity for compensation, other than as an employee of another, undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, structure, or excavation associated with a project, development, or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith, where the cost of the undertaking is $1,000 or more, or other amount deemed appropriate by the Municipal Court.
(a) CONTRACTOR includes a construction manager who performs management and counseling services on a construction project for a professional fee.
(b) CONTRACTOR does not include:
1. One who merely furnishes materials or supplies without fabricating or consuming them in the construction project;
2. A person who personally performs construction work on the site of real property which the person owns or leases whether for commercial or residential purposes;
3. A person who is licensed or registered as a professional and who functions under the control of any other licensing or regulatory board, whose primary business is real estate sales, appraisal, development, management, and maintenance, who, acting in his or her respective professional capacity, and any employee of such professional, acting in the course of his or her employment, performs any work which may be considered to be performing contracting work;
4. A pest control operator licensed under the provisions of Art. 16A, Ch. 19, § 7 of this code to engage in the application of pesticides for hire, unless the operator also performs structural repairs exceeding one thousand dollars on property treated for insect pests; or
5. A corporation, partnership, or sole proprietorship whose primary purpose is to prepare construction plans and specifications used by the contractors defined in this section and who employs full time a registered architect licensed to practice in this state or a registered professional engineer licensed to practice in this state. CONTRACTOR also does not include employees of such corporation, partnership, or sole proprietorship.
CRITICAL FACILITY. Any facility in which even a slight chance of flooding is too great a threat. Typical critical facilities include hospitals, fire stations, police stations, storage of critical records, and similar facilities. These should be given special consideration when formulating regulatory alternatives and floodplain management plans. A CRITICAL FACILITY should not be located in a floodplain if at all possible. If a CRITICAL FACILITY must be located in a floodplain, it should be provided a higher level of protection so that it can continue to function and provide services during a flood.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of this chapter.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD. A general and temporary inundation of normally dry land areas.
FLOOD INSURANCE RATE MAP (FIRM). The official map on which the Federal Emergency Management Agency or Federal Insurance Administrator has delineated both the areas of special flood hazard areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY. The official report in which the Federal Emergency Management Agency has provided flood profiles, floodway information, and water surface elevations
FLOODPLAIN. Includes:
(a) A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation; and
(b) An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN ADMINISTRATOR. The Mayor shall be the FLOODPLAIN ADMINISTRATOR. The FLOODPLAIN ADMINISTRATOR may also be identified as the FLOODPLAIN MANAGER.
FLOODWAY. The channel of a river or other watercourse and the adjacent land area that must be reserved to discharge the base flood without increasing the water surface elevation of that flood more than one foot at any point.
FLOOD-PROOFING. Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
FREEBOARD. A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. FREEBOARD tends to compensate for unknown factors that may contribute uncertainty to flood heights of any given flood and floodway condition, such as wave action, blockage at stream crossings, and increased runoff from urbanization of the watershed.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction next to the proposed foundation of a structure.
HISTORIC STRUCTURE. Any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
1. By an approved state program as determined by Secretary of the Interior; or
2. Directly by the Secretary of the Interior in states without approved programs.
LICENSED MANUFACTURED HOME DEALER. A business licensed to sell manufactured homes in the state, as set forth in the West Virginia Code.
LICENSED MANUFACTURED HOME INSTALLER. A contractor licensed to install Manufactured Homes in the state, as set forth in the West Virginia Code.
LICENSED PROFESSIONAL SURVEYOR. Any person licensed by the State Board of Examiners of Land Surveyors to engage in the practice of land surveying, as defined in the West Virginia Code.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure constructed with flood-resistant materials, as defined in FEMA Technical Bulletin 2-93 (FIA-TB-2), usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building’s LOWEST FLOOR; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term MANUFACTURED HOME does not include a RECREATIONAL VEHICLE.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION. Structures for which the start of construction as herein defined commenced on or after April 15, 1982, and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this chapter.
ONE-HUNDRED (100) YEAR FLOOD. A flood that has one chance in 100 or a 1% chance of being equaled or exceeded in any given year.
PERSON. Any individual or group of individuals, corporation, partnership, association, or other entity, including state and local governments and agencies.
PRACTICE OF ENGINEERING.
(a) Any service or creative work, as described in W. Va. Code Article 13, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning, and design of engineering works and systems; planning the use of land and water; teaching of advanced engineering subjects, engineering surveys and studies; and the review of construction for the purpose of assuring compliance with drawings and specifications any of which embraces such services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, insofar as they involve safeguarding life, health, or property, and including such other professional services as may be necessary to the planning, progress, and completion of any engineering services. Engineering surveys include all survey activities required to support the sound conception, planning, design, construction, maintenance, and operation of engineered projects.
(b) Any person who practices any branch of the profession of engineering or who, by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself or herself to be a registered professional engineer, or by using another title implies that he or she is a registered professional engineer or that he or she is registered under W. Va. Code Article 13, or who holds himself or herself out as able to perform, or who performs any engineering service or work or any other service designated by the practitioner which is recognized as engineering, is considered to practice or offer to practice engineering within the meaning and intent of W. Va. Code Article 13.
PRINCIPALLY ABOVE GROUND. Where at least 51% of the actual cash value of a structure, less land value, is above ground.
RECREATIONAL VEHICLE. A vehicle which is:
(a) Built on a single chassis;
(b) Four hundred square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGISTERED PROFESSIONAL ENGINEER. A person who has been duly registered or licensed as a registered professional engineer by the State Board of Registration for Professional Engineers as required under W. Va. Code Article 13 et seq.
REMEDY A VIOLATION. To bring a structure or other development into compliance with the requirements of this chapter, or, if full compliance is not possible, to reduce the adverse impacts of the non-compliance to the greatest extent feasible.
REASONABLY SAFE FROM FLOODING. During the base flood, water will not damage structures and any subsurface waters related to the base flood will not damage existing or proposed structures.
SPECIAL FLOOD HAZARD AREA. The land in the floodplain subject to a 1% or greater chance of flooding in any given year. SPECIAL FLOOD HAZARD AREAS are designated by the Federal Emergency Management Agency in Flood Insurance Studies and on Flood Insurance Rate Maps as Zones A, AE, AO, Al -30, and A99. The term includes areas shown on other flood hazard maps that are specifically listed or otherwise described in this chapter.
START OF CONSTRUCTION. (The definition for start of construction is to be used only when calculating the starting time for expiration of a permit.) For other than new construction or substantial improvements under the Coastal Barrier Resources Act, being 16 U.S.C. §§ 3501 et seq., includes substantial improvements, and means the date the building permit was issued, provided the actual START of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The ACTUAL START means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the initial excavation; or the placement of a manufactured home on a foundation. Although a permit must be obtained prior to beginning, permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STATE COORDINATING OFFICE. The West Virginia Division of Homeland Security and Emergency Management.
STREAM. As defined in W. Va. Code 7-1-3U, any watercourse, whether natural or manmade, distinguishable by banks and a bed, regardless of their size, through which water flows continually or intermittently, regardless of its volume.
STRUCTURE. A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. SUBSTANTIAL DAMAGE also means cumulative flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each flood event equals or exceeds 25% of the market value of the structure before the damage occurred. See the definition of substantial improvement below.
SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement.
(a) This term includes structures which have incurred substantial damage, as defined above, regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of a “historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure.
(b) Historic structures undergoing repair or rehabilitation that would constitute a SUBSTANTIAL IMPROVEMENT as defined above, must comply with all ordinance requirements that do not preclude the structure’s continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.
(c) For the purpose of this definition, “improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences whether or not that alteration affects the external dimensions of the structure.
TOP OF BANK. The lines depicted on the FIRM maps delineating each side of a stream indicate the TOP OF BANK. In the field a professional familiar with fluvial geomorphology should document the TOP OF BANK. When a professional is not employed the TOP OF THE BANK will be considered to be the top of the first significant slope landward of the waters edge when it is followed by at least 50 feet of relatively flat land.
VIOLATION. The failure of any structure or development to be fully compliant with all requirements of this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this chapter is presumed to be in VIOLATION until such time as that documentation is provided.
(Ord. passed 5-4-1992; Ord. passed 2-8-2010)
(A) Identification.
(1) The identified floodplain area shall be those areas of the city which are subject to the 100-year flood, as shown on the Flood Insurance Rate Map (FIRM) and described in the Flood Insurance Study (FIS) prepared for the city by the Federal Emergency Management Agency (FEMA) dated April 19, 2010, or the most recent revision thereof.
(2) The identified floodplain area shall also be those areas which have been identified as flood hazard areas by the city by use of historic or other technical data and shown on the city’s Local Flood Hazards Map. These areas shall be designated as appropriate with the level of technical data described below and shall be managed accordingly.
(B) Description of floodplain areas. The identified floodplain area shall consist of the following four specific areas:
(1) The floodway area (F1) shall be those areas identified as such in the FIS and as shown on the FIRM. The term shall also include floodway areas identified in studies required to be used in the approximate areas as discussed below;
(2) The floodway fringe area (F2) shall be those areas for which specific 100-year flood elevations have been provided in the FIS, but which lie beyond the floodway area. These areas are shown on the FIRM;
(3) The AE area without floodway (F3) shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which 100-year flood elevations have been provided, but no floodway has been delineated; and
(4) The approximated area (F4) shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no one hundred 100-year flood elevations have been provided.
(C) Changes in designation of area.
(1) The delineation of the identified floodplain area may be revised by the City Council where natural or human-made changes have occurred and/or more detailed studies conducted or undertaken by the United States Army Corps of Engineers, a River Basin Commission, or other qualified agency or individual document the necessity for such changes. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).
(2) A community’s base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the community shall notify the NFIP Administrator of the changes by submitting technical or scientific data.
(3) The city may identify and regulate new flood hazard or ponding areas. These areas may be delineated on a Local Flood Hazard Map using best available topographic data and locally derived information such as flood of record, historic high water marks, and/or approximate study methodologies.
(D) Elevations prevail. If the lowest natural grade adjacent to proposed development within an identified flood hazard area is at or above the base flood elevation specified in the flood insurance study, the structure shall not be required to conform to the flood prevention design and construction standards or flood-related development codes in §§ 156.035 through 156.047. Topographic data certified by a registered professional engineer or licensed professional surveyor shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator. The applicant is advised to apply for a letter of map amendment (LOMA) from FEMA to have the special flood hazard area designation removed from the parcel or structure. If the lowest natural grade adjacent to proposed development is below the base flood elevation specified in the Flood Insurance Study, the site shall be considered to be within the floodplain area and the proposed structure shall be required to conform to all appropriate provisions of this chapter.
(E) Boundary disputes. Should a dispute concerning any district boundary arise, an initial determination shall be made by the Permit Officer and any party aggrieved by this decision may appeal to the City Council. The burden of proof shall be on the appellant/applicant.
(Ord. passed 5-4-1992; Ord. passed 2-8-2010)
(A) Floodway (F1).
(1) Within any floodway area, no encroachments, including fill, new construction, substantial improvements, 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). Within any floodway fringe areas, 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.
(C) AE Zone without floodway. Within any AE without floodway area, no new construction or development shall be allowed unless it is demonstrated 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) Approximated floodplain (Zone A). Within any approximated floodplain area:
(1) The Floodplain Administrator shall use elevation and floodway information from federal, state, or other acceptable sources when available to determine the elevation above which development will be reasonably safe from flooding; and
(2) (a) When data from an acceptable source is not available, the Floodplain Administrator shall review, or shall cause to be reviewed; all proposed development to determine the amount being invested and the specific flood risk at the site. The Floodplain Administrator shall then require the applicant to determine the elevation above which the development will be reasonably safe from flooding using the techniques set forth in the city’s approximate A Zone administrative procedures.
(b) When 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) 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.
(E) 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’s Floodplain Administrator, the State Coordinating Office, any adjacent communities and any adjacent property owners 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 flood carrying capacity within the altered or relocated portion of the 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 engineers, 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 certain 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 to the new owner 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 § 156.999.
(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.
(Ord. passed 5-4-1992; Ord. passed 2-8-2010)
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.
(Ord. passed 5-4-1992; Ord. passed 2-8-2010)
(A) The ordinance codified within this chapter supersedes any ordinance currently in effect in flood- prone areas. Any ordinance, however, shall remain in full force and effect to the extent that its provisions are more restrictive.
(B) Where conditions are encountered that are not specifically provided for herein, the Floodplain Administrator shall determine the applicability of the provisions of this chapter in accordance with its intent, and shall require the applicant to take appropriate measures pursuant to such determination.
(Ord. passed 2-8-2010)
(A) Municipal annexation.
(1) The county floodplain ordinance in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements for participation in the National Flood Insurance Program,
(2) Municipalities with existing floodplain ordinances shall pass a resolution acknowledging and accepting responsibility for enforcing floodplain ordinance standards prior to annexation of any area containing identified flood hazards.
(3) All plats or maps of annexation shall show the floodplain boundaries, base flood elevation, and location of the floodway where determined.
(4) In accordance with the 44 C.F.R. subpt. (B), § 59.22(a)(9)(v), all NFIP participating communities must notify the Federal Insurance Administration, in writing, whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that all flood insurance rate maps accurately represent the community’s boundaries, a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority, must be included with the notification.
(5) NFIP participating communities must notify the State Coordinating Office, in writing, whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. A copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority, must be included with the notification.
(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. passed 2-8-2010)
CRITERIA FOR BUILDING PERMIT SITE PLAN APPROVAL
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