§ 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)

§ 156.040 PLACEMENT OF STRUCTURES.

   (A)   All structures and other developments shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum obstruction effect upon the flow and height of flood water.

   (B)   Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow.

   (C)   So far as practicable, structures shall be placed approximately on the same flood-flow lines as those of adjoining structures.

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

§ 156.041 ANCHORING.

   All structures and other developments, including stream crossings, shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, and lateral movement, thus reducing the threat to life and property and decreasing the possibility of the blockage of bridge openings and other restricted sections of the watercourse. All air ducts, large pipes, and storage tanks located at or below the base flood elevation shall be firmly anchored to resist flotation.

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

§ 156.042 STORAGE.

   (A)   No materials that are buoyant, flammable, explosive, or, in times of flooding, could be injurious to human, animal, or plant life shall be stored below base flood elevation.

   (B)   Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or readily removable from the area within the time available after flood warning.

   (C)   Due to the potential of masking the natural elevation and making it more difficult to enforce this chapter, material that resembles fill material shall not be considered storage material for purposes of this section.

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