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(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
(A) Site plans are required for all development, new construction, and substantial improvements determined to be located in a mapped floodplain area and all proposed subdivisions and manufactured home parks. These proposals shall be reviewed by the Floodplain Administrator to assure that they are consistent with the need to minimize flood damage.
(B) The owner or developer of any proposed subdivision, manufactured home park or subdivision, or other development shall submit a site plan to the Permit Officer, 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 floodplain areas, proposed lots and sites, fills;
(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 shall also show contours at intervals of two or five feet depending upon the slope of the land and identify accurately the boundaries of the floodplain areas. A registered professional engineer or licensed professional surveyor must certify the site plan;
(4) All subdivision proposals and other proposed new developments which are proposed to take place either fully or partially within the approximated floodplain area (F4) and which are greater than ten lots or two acres, whichever is the lesser, shall include base flood elevation data and shall delineate a floodway:
(a) When a Flood Insurance Study (FIS) is available from FEMA, the data contained in that study must be used to substantiate the base flood;
(b) If a FEMA Flood Insurance Study is not available the required data may be available from an authoritative source, such as the United States Army Corps of Engineers, United States Geological Survey, Natural Resource Conservation Service, or State and Local Water Resource Department; and
(c) If the required data is not available from other sources, the applicant shall develop the technical data using detailed methodologies comparable to those contained in a Flood Insurance Study. This data shall be prepared and certified by a registered professional engineer, who shall certify that the methods used correctly reflect currently accepted technical concepts.
(5) Where the subdivision or other development site lies partially in the floodplain area and all proposed development including fill will take place on natural grade a significant vertical distance above the approximated floodplain area (Zone A) boundary depicted on the map, development of detailed base flood elevation data may not be necessary. In these cases, the site plan for the proposed development must show contours at intervals of two or five feet depending on the slope, and clearly delineate the area to be developed and the location of the floodplain boundary as scaled from the FEMA map. A registered professional engineer, licensed professional surveyor, or others of demonstrated qualifications must certify the site plan.
(Ord. passed 5-4-1992; Ord. passed 2-8-2010)
SPECIFIC REQUIREMENTS
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