§ 156.021 BASIC FORMAT.

   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)

§ 156.022 ELEVATION AND FLOOD-PROOFING INFORMATION.

   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

§ 156.023 SITE PLAN CRITERIA.

   (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

§ 156.035 DESIGN AND CONSTRUCTION STANDARDS.

   In order to prevent excessive damage to buildings, structures, and related utilities and facilities, the following restrictions apply to all development, subdivision proposals, manufactured home parks, new construction, and to construction of substantial improvements, and the repair of substantial damage to existing structures occurring in the floodplain area.

(Ord. passed 5-4-1992; Ord. passed 2-8-2010)

§ 156.036 BASEMENTS AND LOWEST FLOOR.

   (A)   Residential structures. All new construction, relocation, substantial improvements, including repair of substantial damage, of residential structures must have the lowest floor (including basement) ductwork and utilities, elevated to two feet above the base flood elevation.

   (B)   Non-residential structures. All new construction, relocation, substantial improvements, including repair of substantial damage, of nonresidential structures must have the lowest floor (including basement) elevated to two feet above the base flood elevation or, together with attendant utility and sanitary facilities, be designed so that below the base flood elevation the structure is water-tight with walls substantially impermeable to the passage of water from the lowest structural element to two feet above the base flood elevation.

   (C)   Openings. For all new construction, relocation, substantial improvements, and repair of substantial damage, those fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the 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.

   (D)   A Non-conversion Agreement shall be signed by the applicant on all flood-proofed structures and any elevated structures when 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:

      (1)   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

      (2)   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. 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)

§ 156.037 MANUFACTURED HOME PLACEMENT.

   Certain unique characteristics of manufactured homes installed in flood hazard areas pose an elevated risk of substantial damage to property.

   (A)   All manufactured homes to be sited within any floodplain areas of the city shall be installed by a contractor possessing a valid state manufactured home installer’s license. The installer shall use an installation design engineered to withstand flood hazards specific to the particular home site. Manufactured homes to be placed or substantially improved within the flood hazard areas shall be installed in accordance with the following standards:

      (1)   The lowest floor, ductwork, and utilities including HVAC/heat pump shall be elevated two feet above the base flood elevation;

      (2)   Elevation shall be on reinforced piers on a permanent foundation or other foundation elements of at least equivalent strength engineered for use in a flood hazard area. Installation designs incorporating dry stacked block piers shall not be used in flood hazard areas;

      (3)   All manufactured homes shall be securely anchored to an adequately anchored foundation system in compliance with the requirements of W. Va. Code 42-19-10.1, 42-19-10.2, and 42-19-10b as authorized by W. Va. Code 21-9-4. The anchoring shall be adequate to resist flotation, collapse, or lateral movement. Methods of anchoring may include but are not limited to the over-the-top and frame ties, attached to permanent foundation elements. Ground anchors may not be adequate to satisfy flood specific anchoring requirements. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces;

      (4)   Permanently attached rigid skirts and perimeter wall skirts of brick or block must have openings; this type of skirting can collapse during floods and compromise supporting piers. The openings must be designed to automatically equalize hydrostatic flood forces by allowing for entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following minimum criteria:

         (a)   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;

         (b)   The bottom of all openings shall be no higher than one foot above grade; and

         (c)   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.

      (5)   Any additions to a manufactured home shall be similarly anchored and vented.

   (B)   The licensed state manufactured home installer placing the unit shall perform a site inspection and certify, in writing, that the manufactured home has been installed to the standards set forth in this chapter.

(Ord. passed 5-4-1992; Ord. passed 2-8-2010)

§ 156.038 RECREATIONAL VEHICLE PLACEMENT.

   Recreational vehicles to be placed within any floodplain area shall either:

   (A)   Be on the site for fewer than 180 consecutive days;

   (B)   Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect utilities and security devices, and has no permanently attached additions; or

   (C)   Be installed in accordance with the manufactured home placement requirements and all other flood reduction requirements contained in this chapter.

(Ord. passed 5-4-1992; Ord. passed 2-8-2010)

§ 156.039 FILL.

   (A)   The City Council officially recognizes the beneficial functions the floodplain serves in storage and transportation of water during floods. Placement of fill in the floodplain area is discouraged and should be minimized. No fill shall be permitted in the floodway.

   (B)   All fill placed in other floodplain areas shall meet or exceed the following standards:

      (1)   Fill shall be used only to the extent to which it does not adversely affect adjacent properties. The city may require the applicant to demonstrate, through engineering reports, that proposed fill would not adversely affect adjacent properties. When required, hydrologic and hydraulic analyses shall be undertaken only by professional engineers who shall certify that the technical methods used correctly reflect currently accepted technical concepts. The resultant study shall include a cover letter, signed, and sealed 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 city. During permit review, the community shall consider the following issues that have the potential to cause adverse impact to adjacent properties:

         (a)   Unacceptable increases in flood heights;

         (b)   Blocking drainage from adjacent property;

         (c)   Deflection of flood waters onto adjacent existing structures;

         (d)   Increases to stream velocity initiating or exacerbating erosion problems; and

         (e)   Other unique site conditions may be considered when determining whether fill will cause adverse impact to adjacent property including, but not limited to, subsidence areas, karst topography, stream blockages, and steep topography adjacent to the channel.

      (2)   Fill shall be used only to the extent to which it does not adversely affect the capacity of channels or floodways of any tributary to the main stream, drainage ditch, or any other drainage facility or system;

      (3)   Filled site must be contoured to drain properly (to avoid ponding);

      (4)   Fill shall extend beyond a structure for a sufficient distance to provide acceptable access. For residential structures, fill shall extend laterally 15 feet beyond the building line from all points before the start of sloping required in following section. For nonresidential structures, fill shall be placed to provide access acceptable for intended use;

      (5)   At grade access, with fill extending laterally 15 feet beyond the building line, shall be provided to a minimum of 25% of the perimeter of a nonresidential structure;

      (6)   Fill shall consist of soil or rock material only. Sanitary landfills shall not be permitted; no trash or woody debris shall be buried on site;

      (7)   Fill material shall be compacted to provide the necessary stability and resistance to erosion, scouring or settling. Fill compaction standards must be appropriate to proposed post fill use, particular attention is necessary when fill is being used to elevate a structure;

      (8)   Fill slopes shall be no steeper than one vertical on two horizontal, unless substantiating data justifying steeper slopes are submitted to and approved by the Floodplain Administrator;

      (9)   Fill site and fill must be protected from erosion;

      (10)   All applicants placing fill in a mapped flood hazard area must obtain a conditional letter of map revision (CLOMR) from FEMA when directed to do so by the Floodplain Administrator before a permit can be issued. After fill is finished, the applicant must convert the CLOMR to a letter of map revision based on fill (LOMR-F) before a certificate of compliance can be issued; and

      (11)   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)