1351.04 GENERAL PROVISIONS.
   (a)   The following general provisions shall apply.
      (1)   The standards of subsection (b) hereof shall be applicable within all Al-30 zones, unnumbered A zones and AO zones, on the Flood Insurance Rate Map of the City.
      (2)   All proposed development shall be reviewed to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
      (3)   Building permit applications shall be reviewed to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall:
         A.   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;
         B.   Be constructed with materials resistant to flood damage;
         C.   Be constructed by methods and practices that minimize flood damage; and
         D.   Be 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.
      (4)   New subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, shall be reviewed to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposals shall be reviewed to assure that:
         A.   All such proposals are consistent with the need to minimize flood damage within the flood-prone area;
         B.   All public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage, and
         C.   Adequate drainage is provided to reduce exposure to flood hazards.
      (5)   Within flood-prone areas, new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems.
      (6)   Within flood-prone areas:
         A.   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; and
         B.   Onsite waste disposal systems to be located to avoid impairment to them or contamination from them during flooding.
   (b)   The following general provisions shall apply.
      (1)   Building permits shall be required for all proposed construction and other developments including the placement of manufactured homes, within Zones A on the Flood Hazard Boundary Map or the Flood Insurance Rate Map of the City.
      (2)   The standards in subsections (a)(2), (3) and (4) hereof shall be applicable to development within Zone A on the Flood Hazard Boundary Map or the Flood Insurance Rate Map of the City.
      (3)   All new subdivision proposals and other proposed developments, including proposals for manufactured home parks and subdivisions, greater than fifty lots or five acres, whichever is the lesser, shall include within such proposals base flood elevation data.
      (4)   Base flood elevation and floodway date available from a Federal, State or other source, including data developed pursuant to subsection (b)(3) hereof shall be obtained, reviewed and reasonably utilized as criteria for requiring that new construction, substantial improvements or other development in Zone A on the Flood Hazard Boundary Map or Flood Insurance Rate Map meet the standards in subsections (c)(2), (3), (5), and (6) and (d) hereof.
      (5)   Where base flood elevation data are utilized, within Zone A on the Flood Hazard Boundary Map or Flood Insurance Rate Map of the City, the Building Inspector of the City shall:
         A.   Obtain the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures; and
         B.   Obtain, if the structure has been floodproofed in accordance with subsection (c)(3)B. hereof, the elevation (in relation to mean sea level) to which the structure was floodproofed; and
         C.   Maintain a record of all such information.
      (6)   All manufactured homes to be placed within Zone A on the Flood Hazard Boundary Map or Flood Insurance Rate Map of the City, shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
      (7)   Recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM either
         A.   Be on the site for fewer than 180 consecutive days,
         B.   Be fully licensed and ready for highway use, or
         C.   Meet the permit requirements of subsection (b)(1) hereof and the elevation and anchoring requirements for "manufactured homes" in subsection (b)(6) hereof.
   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 type utilities and security devices, and has no permanently attached additions.
         (Ord. 13235. Passed 6-21-06.)
   (c)   The following general provisions shall apply.
      (1)   The standards of subsection (b) hereof shall be applicable within all Al-30 zones, AE zones, A zones and ZO zones, on the Flood Insurance Rate Map of the City.
      (2)   All new construction and substantial improvements of residential structures within Zones A1-30, AE on the Flood Insurance Rate Map of the City shall have the lowest floor (including basement) elevated to or above the base flood level.
      (3)   All new construction and substantial improvements of non-residential structures within Zones A1-30, AE on the F.I.R.M. of the City shall:
         A.   Have the lowest floor (including basement) elevated to or above the base flood level; or
         B.   Together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
      (4)   Where a non-residential structure is intended to be made watertight below the base flood level:
         A.   A registered professional engineer or architect shall develop and/or review structural design, specifications; and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of subsection (c)(3)B. hereof.
         B.   A record of such certificates which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Building Inspector of the City.
      (5)   It is required that for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: 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. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
      (6)   All manufactured homes to be placed or substantially improved within Zones A1-30, AH and AE on the Flood Insurance Rate Map of the City, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection (b)(6) hereof.
   (d)   All uses, activities and development occurring within any flood plain district shall be undertaken only in strict compliance with the provisions of this article and with all other applicable codes and ordinances, such as the City Building Code and the Subdivision Regulations. In addition, all such uses, activities and development shall be undertaken only in compliance with Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. 1334.
   (e)   Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system. Prior to any proposed alteration or relocation of any stream, watercourse, etc. within the City, the developer shall submit an engineering study prepared by a registered professional engineer which fully evaluates the effects of such construction. The report shall use the 100-year flood as herein defined as the basis of analysis. All adjacent communities and the West Virginia Division of Homeland Security and Emergency Management shall be notified by the developer by certified mail of all such intended activities prior to any alteration or relocation of a watercourse and shall submit copies of such notification to the FEMA Administrator. In addition, the developer shall assure the City in writing that the flood carrying capacity within the altered or relocated portion of the watercourse in question shall be maintained.
(Ord. 13235. Passed 6-21-06.)