§ 156.044 DRAINAGE.

   Adequate drainage shall be provided to reduce exposure to flood hazard.

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

§ 156.045 APPURTENANT STRUCTURES.

   (A)   Except as provided in division (B) below, appurtenant structures shall be located out of the floodplain area or elevated to two feet above the base flood elevation.

   (B)   Where appurtenant structures not connected to the principal structure are to be located on sites below the base flood elevation, the following flood damage reduction provisions apply:

      (1)   Structures shall be no more than 600 square feet in size and valued at less than $10,000;

      (2)   Floors shall be at or above grade on at least one side;

      (3)   Structures shall be located, oriented, and constructed to minimize flood damage;

      (4)   Structures shall be 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;

      (5)   Flood-resistant materials as detailed in FEMA Technical Bulletin 2-93 (FIA-TB-2) shall be used in the construction of the structure from the lowest structural element to two feet above the base flood elevation;

      (6)   Machinery, electric devices or appliances, and all utilities shall be located at least two feet above the base flood elevation;

      (7)   The venting requirements contained in § 156.036 are applicable and shall be strictly adhered to.

   (C)   In addition, a Non-conversion Agreement shall be signed by the applicant stating that the use of the appurtenant structure or detached or attached garage shall not be changed from the use permitted, acknowledging that the structure may be subject to greater flood risk and that higher flood insurance premiums may be possible, and that a change in use may require full compliance with this chapter. The applicant agrees to notify prospective buyers of the existence of this 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 2-8-2010) Penalty, see § 156.999

§ 156.046 FLOOD PROTECTION SETBACK.

   (A)   A flood protection setback equal to twice the width of the watercourse channel measuring from the top of one bank to the top of the opposite bank or 50 feet, whichever is less, shall be maintained from the top of the banks of all watercourses. To reduce erosion, natural vegetation shall be maintained in this area. Where natural vegetation does not exist along the watercourse and conditions for replanting are suitable, high priority shall be given to planting vegetation in the setback area to stabilize banks and enhance aquatic resources.

   (B)   Necessary public works and temporary construction may be exempted from this section.

   (C)   The Floodplain Administrator may consider an appeal to the flood protection setback requirement if the applicant demonstrates that it is impossible to allow any development without encroachment into the flood protection setback area. The appeal conditions shall be the minimum necessary and shall be made only after due consideration is given to varying other siting standards, such as side, front, and back lot line setbacks.

(Ord. passed 2-8-2010)

§ 156.047 BACKFLOW PREVENTERS.

   Backflow prevention valves should be used for all enclosed structures with sewage or drainage facilities located in the floodplain.

(Ord. passed 2-8-2010)

ADMINISTRATION

§ 156.060 DESIGNATION OF FLOODPLAIN ADMINISTRATOR.

   The city’s Floodplain Manager is hereby appointed as Floodplain Administrator to administer and implement this local law by granting or denying floodplain development permits in accordance with its provisions.

(Ord. passed 2-8-2010)

§ 156.061 DEVELOPMENT PERMITS AND SITE PLAN APPROVALS REQUIRED.

   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, repair of substantial damage, the placement or relocation of any structure (including manufactured homes) within the city, unless a permit has been obtained from the Floodplain Administrator. In addition, where land is to be subdivided, utilized for a manufactured home park or subdivision, or otherwise developed, a detailed site plan must be submitted to, and approved by, the Floodplain Administrator prior to any such development.

(Ord. passed 5-4-1992; Ord. passed 2-8-2010) Penalty, see § 156.999

§ 156.062 APPROVAL OF PERMITS AND PLANS.

   (A)   The Floodplain Administrator shall review, or shall cause to be reviewed; all permit applications and plans in order to determine whether proposed building sites are reasonably safe from flooding.

   (B)   All permits and plans shall be approved only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of the state and all other applicable codes and ordinances.

   (C)   The Floodplain Administrator shall not issue a permit to any person who does not possess a valid contractor’s license when a contractor’s license is required by W. Va. Code 21-11-10.

   (D)   (1)   The Floodplain Administrator, before issuance of the permit, shall require the applicant to furnish satisfactory proof that such person is duly licensed as a contractor under the provisions of West Virginia Code.

      (2)   If the applicant is not licensed a written affidavit that such person is not subject to licensure as a contractor or subcontractor as defined in W. Va. Code 21-11-3 shall be provided to the Floodplain Administrator and placed in the permit file.

   (E)   The Floodplain Administrator shall require copies of all necessary permits from those governmental agencies from which approval is required by federal or state law.

   (F)   The Floodplain Administrator shall provide a copy of all permits to the County Assessor as required by W. Va. Code 11-3-3A.

   (G)   The Floodplain Administrator shall provide a copy of all permits for new structures to the County E-911 Addressing Coordinator.

   (H)   The County E-911 Addressing Coordinator shall provide a copy of all requests for addresses for new structures to the County Floodplain Administrator.

   (I)   The city shall provide sufficient space to allow the Floodplain Administrator to keep on file in perpetuity, in a location safe from natural hazards, all information collected during the course of the administration of this chapter.

(Ord. passed 5-4-1992)

§ 156.063 APPLICATION PROCEDURES.

   Application for building permit and site plan approvals shall be made, in writing, on the forms supplied by the city and shall include all information stipulated under §§ 156.020 through 156.023.

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

§ 156.064 CHARGES.

   After the issuance of a permit or site plan approval by the Floodplain Administrator, no changes of any kind shall be made to the application, permit, or any of the plans, specifications, or other documents submitted with the application without the written consent or approval of the Floodplain Administrator.

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