(a) General. A Permit is required in order to determine whether all new construction or substantial improvements are:
(1) Located in an identified Floodplain, Floodway or other SFHA
(2) Designated (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. To account for these loading conditions, bottom of footer to grade shall be 48" minimum or owner shall provide the Floodplain Manager with geo-technical report with load calculations for hydrodynamic hydrostatic load and the effects of buoyancy.
(3) Constructed with material and utility equipment resistant to flood damage as outlined in FEMA Technical Bulletin 2-93 (FIA-TB-2) or the most recent revision thereof.
(4) Constructed by methods and practices that minimize flood damage. These methods and practices shall follow all FEMA Technical Bulletins where applicable.
(5) Constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located to prevent water from entering or accumulating within the components during flooding.
(6) To comply with West Virginia Code §11-3-3a concerning County Assessor “Building or Real Property Improvement Notice.”
(7) Approved by 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 article.
(b) Basic Format. The basic format of the permit shall include the following:
(1) Name and address of applicant.
(2) Name and address of owner of land on which proposed development is to occur.
(3) Applicant shall provide names, addresses, and valid West Virginia 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 Title 28, Series 2, section 3.9(b) of the West Virginia Code of State Regulations or the most recent revision thereof, if known at the time the Permit Application is submitted. If not known, applicant shall provide the information within fourteen (14) days of execution of a contract with its contractor(s) prior to beginning construction.
(4) A description of site location sufficient to locate the proposed development including district, tax map and parcel numbers and most recent deed book and page number.
(5) 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 LAG to the proposed foundation and/or toe of fill, the BFE and the location of the Floodway boundary when applicable.
(6) An acknowledgment that the applicant agrees to pay any and all fees associated with the permitting process as set forth in Section 1765.07(c) and (i).
(7) An acknowledgment that the applicant agrees to allow The Floodplain Manager and authorized representatives of floodplain management programs access to the development to inspect for compliance.
(8) The contract required by West Virginia Code of State Regulations, Title 28, Series 4, and all addendums to the contract(s) shall be presented to the Floodplain Manager for review within fourteen (14) business days of contract signing. The Floodplain Manager shall keep copies of all contracts or addendums and shall file “redacted” copies of the contracts and addendums with the Clerk of the County Court in the Applicant's Permit Application File. The Floodplain Manager shall consult with the applicant to redact proprietary and confidential information from the contracts and addendums that are not otherwise public information. Failure to present contract(s) or addendums for review shall void the permit. If a licensed contractor is not involved, or the work is of an aggregate construction cost value of less than ten thousand dollars including material and labor, a brief written description of proposed work and the estimated value will suffice.
(c) 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 article.
Depending on the type of structure involved, the following information shall also be included in the application for work within the Special flood hazard area:
(1) All structures, ductwork and electrical connections shall be elevated two (2) feet above the BFE and:
A. A plan 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 the Base Flood, existing ground, proposed finished ground and lowest floor, certified by a registered professional engineer or licensed professional surveyor.
C. Plans showing the methods of elevating the proposed structure including details of proposed fills, pile structures, retaining walls, foundations, erosion protection measures, etc. When required by the Floodplain Manager, a registered professional engineer or architect shall prepare the plans.
D. Plans showing the methods used to protect utilities (including sewer, water, telephone, electric, gas, etc.) from flooding to two feet above the BFE at the building site.
E. 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.
F. A finished construction elevation certificate must be prepared by a licensed professional surveyor or others of demonstrated qualification. The elevation certificate must confirm the structure in question together with attendant utilities are elevated in compliance with permit conditions.
G. A Non Conversion Agreement shall be signed by the applicant whenever the Floodplain Manager 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 (5) feet high or more). This agreement shall state:
1. The area below BFE shall not be converted for use other than for parking, building access or for allowable storage as detailed in this article.
2. The applicant agrees to notify prospective purchasers of the existence of the Non Conversion Agreement. It shall be the responsibility of the applicant to transfer the agreement at closing to the purchaser through notarized signature, a copy of all new Non Conversion Agreements shall be provided to the Floodplain Manager. Failure to transfer the Non Conversion Agreement and provide a signed copy to the Floodplain Manager shall subject the violator to the penalties set forth in Section 1765.08(d).
(2) All structures shall be flood proofed to two feet above the BFE (nonresidential structures only): All applicants shall meet or 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 article. 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 BFE.
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 the Base Flood, existing ground, proposed finished ground, lowest floor, and flood proofing limits, certified by a registered professional engineer or licensed professional surveyor.
C. A Flood Proofing Certificate, FEMA 81-65, as revised by FEMA, shall be prepared by the registered professional engineer who prepared the plans in (1) above, stating the structure in question, together with attendant utility and sanitary facilities are designed so that:
1. The structure is water tight with walls substantially impermeable to the passage of water from the lowest structural element to two (2) feet above the BFE.
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.
(3) For Appurtenant structures constructed of flood resistant materials B used solely for parking of vehicles, or limited storage (Appurtenant Structures only)
A. 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.
B. 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:
1. 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 (2) feet above the BFE and that all utilities are located at least two (2) feet above the BFE
2. Hydrostatic flood forces on exterior walls are equalized by allowing for automatic 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:
i. A minimum of two (2) openings have a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided.
ii. The bottom of all openings shall be no higher than one (1) foot above grade.
iii. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
C. In addition, the applicant shall sign a Non Conversion Agreement and notify prospective purchasers of the existence of the Non Conversion Agreement. It shall be the responsibility of the applicant to transfer the Non Conversion Agreement to any purchaser at closing through notarized signature. A signed copy of the transferred Non Conversion Agreement shall be provided to the Floodplain Manager. Failure to transfer the Non Conversion Agreement and provide a signed copy to the Floodplain Manager shall subject the violator to the penalties set forth in Section 1765.08(d).
(d) Site Plan Criteria. Site plans are required for all development, new construction and substantial improvements determined to be located in a SFHA and all proposed subdivisions and manufactured home parks. These proposals shall be reviewed by the Floodplain Manager to assure that they are consistent with the need to minimize flood damage.
The owner or developer shall submit a preliminary site plan to the Floodplain Manager that 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 Floodplain Areas, proposed lot sites, and fill areas.
(3) Where the subdivision or manufactured home park lie partially or completely in the SFHAs, the plan map shall include detailed information giving the location and elevation of proposed roads, utilities and building sites. All such maps shall also show contours at intervals of two (2) or five (5) feet depending upon the slope of the land and identify accurately the boundaries of the SFHAs. 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 (10) lots or two (2) acres, whichever is the lesser, shall include BFE data and shall delineate the Flood way.
A. When a FIS is available from FEMA, the data contained in that study must be used to substantiate the BFE.
B. If a FEMA's FIS Study is not available the required data may be available from an authoritative source, such as the U.S. Army Corps of Engineers (USACE), U.S. Geological Survey (USGS), Natural Resource Conservation Service or State and Local Water Resource Department.
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 FIS. 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
Where the subdivision or other development site lies partially in the SFHA special flood hazard area and all proposed development including fill will take place on natural grade a significant vertical distance above the Floodplain Area (Zone AE) boundary depicted on the map, development of detailed BFE data may not be necessary. In these cases the site plan for the proposed development must show contours at intervals of two (2) or five (5) feet depending on the slope, and clearly delineate the area to be developed and the location of the special flood hazard boundary as scaled from the FEMA map. A registered professional engineer, licensed professional surveyor or others of demonstrated qualifications must certify the site plan
(e) Restrictions to Subdivision of Land in Special Flood Hazard Areas. Subdivision of land in the SFHA shall result in lots that include a buildable portion outside of the SFHA and be served by streets within the proposed subdivision having surfaces at or above the BFE of the line defining the SFHA limits. All new structures shall be sited on the portion of the subdivided lot that is located outside of the SFHA.
(Ord. 15476. Passed 10-20-20.)