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(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
Building permits are required in order to determine whether all new construction or substantial improvements are:
(A) Located in an identified floodplain, floodway, or other flood hazard area;
(B) 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;
(C) Constructed with materials and utility equipment resistant to flood damage as outlined in FEMA Technical Bulletin 2-93 (FIA-TB-2), or the most recent revision thereof;
(D) Constructed by methods and practices that minimize flood damage;
(E) 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 conditions of flooding;
(F) To comply with W. Va. Code 11-3-3a, concerning County Assessor building or real property improvement notice; and
(G) Approved by the 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 chapter.
(Ord. passed 5-4-1992; Ord. passed 2-8-2010)
The basic format of the building permit shall include the following:
(A) Name and address of applicant;
(B) Name and address of owner of land on which proposed construction is to occur;
(C) Names, addresses, and valid state 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 W. Va. Code 28-2-3.9(b) of state regulations or the most recent revision thereof;
(D) A description of site location sufficient to locate the project including tax map and parcel number and most recent deed book and page number;
(E) 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;
(F) An acknowledgment that the applicant agrees to pay any and all fees associated with the permitting process as set forth in § 156.068;
(G) An acknowledgment that the applicant agrees to allow authorized representatives of floodplain management programs access to the development to inspect for compliance; and
(H) (1) The contract required by W. Va. Code Title 28, Series 4, and all addendums to the contract(s) shall be presented to the floodplain administrator for review within five business days of contract signing.
(2) The community does not require and will not keep copies of the contracts or addendums. Failure to present contract or addendums for review shall void the permit. If a licensed contractor is not involved, or the work is of an aggregate value of less than $10,000 including materials and labor, a brief written description of proposed work and the estimated value will suffice.
(Ord. passed 5-4-1992; Ord. passed 2-8-2010)
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 chapter. Depending on the type of structure involved, the following information shall also be included with the application for development within the floodplain area:
(A) For structures to be elevated to the base flood elevation:
(1) A plan showing the size of the proposed structure and its relation to the lot where it is to be constructed;
(2) A determination of elevations of the existing ground, proposed finished ground, and lowest floor, certified by a registered professional engineer or licensed professional surveyor;
(3) Plans showing the method of elevating the proposed structure includes details of proposed fills, pile structures, retaining walls, foundations, erosion protection measures, and the like. When required by the Floodplain Administrator, these plans shall be prepared by a registered professional engineer or architect;
(4) Plans showing the methods used to protect utilities (including sewer, water, telephone, electric, gas, and the like) from flooding to the base flood elevation at the building site;
(5) 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;
(6) A finished construction elevation certificate must be prepared by a licensed professional surveyor or others of demonstrated qualification. The elevation certificate must confirm that the structure in question together with attendant utilities is elevated in compliance with permit conditions;
(7) A Nonconversion Agreement shall be signed by the applicant whenever the community 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:
(a) 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 chapter; and
(b) The applicant agrees to notify prospective buyers of the existence of the non-conversion agreement. It shall be the responsibility of the applicant to transfer the agreement at closing to the new owner via notarized signature, a copy of all new agreements shall be provided to the Floodplain Administrator.
(c) 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.
(B) (1) For structures to be flood-proofed to the base flood elevation (nonresidential structures only):
(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 base flood, existing ground, proposed finished ground, lowest floor, and flood-proofing limits; certified by a registered professional engineer or licensed professional surveyor; and
(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 division (B)(1)(a) above, that the structure in question, together with attendant utility and sanitary facilities, is designed so that:
1. The structure is watertight 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.
(2) All applicants are encouraged to 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 chapter. 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.
(C) For structures constructed of flood-resistant materials used solely for parking of vehicles, or storage (appurtenant structures only):
(1) 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;
(2) 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:
(a) 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;
(b) 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:
1. 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;
2. The bottom of all openings shall be no higher than one foot above grade; and
3. 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.
(3) In addition, the applicant shall sign a Non-conversion Agreement and notify prospective buyers of the existence of the Agreement. It shall be the responsibility of the applicant to transfer the Non-conversion Agreement to any new owner at closing via notarized signature. A signed copy of the transferred Non-conversion Agreement 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.
(Ord. passed 5-4-1992; Ord. passed 2-8-2010) Penalty, see § 156.999
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