FLOOD
PLAIN MANAGEMENT ORDINANCE
Introduction
The
Boone County Commission is pleased to provide you with the booklet of
information regarding the Flood Plain Management Ordinance dated February 4,
1991.
The
Federal Emergency Management Agency (FEMA) in 1991 increased its requirements
concerning local government participation in the National Flood Insurance
Program. In order for residents of
Boone County to be eligible for flood insurance the County Commission adopted a
Flood Plain Management Ordinance as prescribed and approved by FEMA.
The
objective of this ordinance is to regulate the construction of structures and/or
fills within the 100 year flood plain. All
prospective builders are required to obtain a building permit from the Boone
County Office of Emergency Services,
1 Avenue “C”, Madison, WV, Telephone 369-2291.
Failure to obtain a building permit can result in legal action against
the property owner and jeopardize the county’s continued participation in the
flood program.
Any
questions you may have in regard to the ordinance can be directed to the offices
listed in the back of the book.
At a REGULAR session of the county Commission of Boone County, West
Virginia, held at the Courthouse thereof on the 4th day of February,
1991 the following ORDER was made and entered:
The following motion was offered by Commissioner Gene Kuhn:
That, in order to qualify homeowners- and Potential homeowners of Boone
County for flood insurance, the Boone County Commission hereby District and
requiring 11 persons, partnerships, businesses, and corporations to obtain a
building permit for the construction, substantial improvement or relocation of
any building or structure or for any other development;
Providing for minimum standards for Construction within the Flood Plain
district and setting forth special procedures for submission and approval of
plans; Establishing penalties for any persons who fail to comply with the
requirements or provisions of this ordinance (a copy of which is attached
herewith), in accordance with requirements of the Federal Emergency Management
Agency.
Further, that said Boone County Commission appoint Roger Jarrell to act
as its Permit Officer for the administration of the permit requirements of the
above-mentioned Ordinance.
The adoption of the foregoing motion, having been made by Gene Kuhn,
Commissioner and duly seconded by Gordon Eversole, Commissioner, the vote
thereon was as follows:
J.M. “Mickey” Protan,
President…………………………………AYE
Gene Kuhn, Commisioner………………………………………..AYE
Gordon Eversole, Commissioner…………………………………AYE
Whereupon, J.M. “Mickey” Protan, President, declared said motion duly
adopted; and it is therefore ADJUDGED and ORDERED that said motion be, and the
same is hereby adopted.
AN ORDINANCE ESTABLISHING A FLOOD PLAIN DISTRICT AND REQUIRING ALL
PERSONS, PARTNERSHIPS, BUSINESSES, AND CORPORATIONS TO OBTAIN A BUILDING PERMIT
FOR THE CONSTRUCTION, SUBSTANTIAL IMPROVEMENT OR RELOCATION OF ANY BUILDING OR
STRUCTURE OR FOR ANY OTHER DEVELOPMENT; PROVIDING FOR MINIMUM STANDARDS FOR
CONSTRUCTION WITHIN THE FLOOD PLAIN DISTRICT AND SETTING FORTH SPECIAL
PROCEDURES FOR SUBMISSION AND APPROVAL OF PLANS; ESTABLISHING PENALTIES FOR ANY
PERSONS WHO FAIL TO COMPLY WITH, THE REQUIREMENTS OR PROVISIONS OF THIS
ORDINANCE.
BE IT ENACTED AND ORDAINED by the BOONE COUNTY COMMISSION, BOONE COUNTY,
West Virginia, as follows:
ARTICLE
1 –
General Provisions
Section 1.1 Intent
A.
Promote
the general health, welfare, and safety of the community.
B.
Encourage
the utilization of appropriate construction practices in order to prevent or
minimize flood damage in the future.
C.
Minimize
danger to public health and safety by protecting water supply, sanitary sewage
disposal, and natural drainage.
D.
Reduce
financial burdens imposed on the community, its governmental units, and its
residents, by preventing the unwise design and construction and development in
areas subject to flooding.
Section 1.2 Abrogation
and Greater Restrictions
This Ordinance supersedes any ordinances which may
have been in flood prone areas. However,
ant underlying ordinance shall remain in full force and effect to the extent
that those provisions are more restrictive.
Section 1.3 Applicability
Provisions of all other codes, ordinances, and
regulations shall be applicable insofar as they are consistent with the
provisions of this Ordinance and county’s need to minimize the hazards and
damage resulting from flooding.
Base Flood Elevation
The 100 year flooding elevation.
Within the Approximated Flood Plain the base flood elevation shall be
established as a point on the boundary of the approximated Flood Plain which is
the nearest to the construction site in question.
Development
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations.
Existing Manufactured Home and Park or Subdivision
A manufactured home, park, or subdivision for which the
construction or facilities for servicing the lot on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading to the pouring of
concrete pads) is completed before April 17, 1984.
The preparation of additional sites by the construction of facilities for
servicing the lot on which the manufactured homes are to be affixed (including
the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
A
general and temporary inundation of normally dry land areas.
A
relatively flat or low area adjoining a river, stream, or watercourse which is
subject to the unusual and rapid accumulation or runoff of surface waters from
any source.
Any
combination of structural and non-structural additions, changes, or adjustment
to properties and structures which reduce or eliminate flood damage to lands,
water, and sanitary facilities, structures, and contents of buildings.
(a)
Listed
individually in the National Register of Historic Places ( a listing maintained
by the Department of Interior) or preliminarily determined by the Secretary if
the Interior as meeting the requirements for individual listing on the National
Register;
(b)
Certified
or preliminarily determined by the Secretary if the Interior as contributing to
the historical significance of a registered historic district or a district
preliminarily determined by the Secretary to qualify as a registered historic
district;
(c)
Individually
listed on a local inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior;
or
(d)
Individually
listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either;
( 1) By
an approved state program as determined by the Secretary of the Interior or
( 2) Directly
by the Secretary of the Interior in states without approved programs.
“Lowest
Floor” means the lowest floor of the lowest enclosed area including basement.
An unfinished or flood resistant enclosure, unable solely for parking of
vehicles, Building access or storage, in an area other than a basement area, is
not considered a building’s lowest floor, provided that such enclosure is not
built so as to render the structure in violation of the applicable non-elevation
design requirements of this ordinance.
A
structure, transportable in one or more sections, which is built on a permanent
foundation when connected to the required utilities. For flood plain management purposes the term “manufactured
home” also includes park trailers, travel trailers, and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance purposes the term “manufactured home:
does not include park trailers, travel trailers, and other similar
vehicles.
A
parcel (or contiguous parcels) of land divided into two or more manufactured
home lots for sale or rent.
Structures
for which the start of construction as herein defined commenced on or after the
effective date of this Ordinance. This
term does not apply to any work on a structure existing before the effective
date of this Ordinance.
A
manufactured home park or subdivision for which the construction of facilities
for servicing the lots on which the manufactured homes are to be affixed
(including at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) is
completed on or after April 17, 1984.
A
flood that has one chance in one-hundred or a one percent chance of being
equaled or exceeded in any given year.
Any
individual or group of individuals, corporation, partnership, association, or
other entity, including State and Local Governments and Agencies.
Where
at least 51 percent of the actual cash value of a structure, less land value, is
above ground.
Includes
substantial improvement and means the date the building permit was issued
provided the actual start of construction, repair, reconstruction, placement, or
other improvement as within 180 days of the permit date.
The actual start means either the first placement of installation of
piles, the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactures home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings, piers,
or foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or
sheds not occupied as dwelling units or not part of the main structure.
A
walled and roofed building, including a fad or liquid storage tank, that is
principally above ground, as well as a manufactured home.
The
damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed 50% of the
market value of the structure before the damage occurred.
Any
reconstruction, rehabilitation-addition, or other improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the structure
before the “start of construction” of the improvement.
This term includes structures which have incurred “substantial
damage”, regardless of the actual repair work performed.
The term does not, however, include either:
(1)
Any
project for improvement of a structure to correct existing violations of state
or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions or:
(2)
Any
alteration of a “historic structure”, provided that the alteration will not
preclude the structure’s continued designation as a “historic structure.”
ARTICLE
III- ESTABLISHMENT OF THE FLOOD PLAIN DISTRICT
Section 3.1
The Flood Plain District shall include all areas subject to
inundation by the waters of the One Hundred (100) year Flood.
The source of this delineation shall be the Flood Insurance Study for the
county of Boone, West Virginia, as prepared by the Federal Emergency Management
Agency, Federal Insurance Administration.
Section 3.2
The Flood Plain District shall be comprised of three (3) sub
districts as follows:
(a)
Floodway
(Fl)- That portion of the Flood Plain District required to carry the discharge
waters of the One Hundred (100) Year Flood without increasing the water surface
elevation at any point more than one (1) foot above existing conditions, as
demonstrated in the Flood Insurance Study referenced above.
(b)
Floodway
Fringe (F2)- Those portions of land within the Flood Plain District subject to
inundation by the One Hundred (100) Year Flood, lying beyond the floodway in
area where detailed study data and profiles are available.
(c)
Approximated
Flood Plain (F3)- Those portions of land within the Flood Plain District subject
to inundation by the One Hundred (100) Year Flood where a detailed study has not
been performed, but where a One Hundred (100) Year Flood Plain boundary had been
approximated.
Section 3.3
The delineation of the Flood Plain District may be revised amended
and modified by the Boone County Commission in compliance with the National
Flood Insurance Program when:
(a)
there are
changes through natural or other causes;
(b)
changes
are indicated by future detailed hydrologic and hydraulic studies;
All
such changes shall be subject to the review and approval of the Federal
Insurance Administration.
Section 3.4 Boundary Dispute
Should a dispute concerning any district boundary arise, an
initial determination shall be made by a staff member designated by the Boone
County Commission. Any party
aggrieved by this decision may appeal to the Boone County Commission.
The burden of proof shall be on the appellant.
ARTICLE
IV- UTILIZATION OF THE FLOOD PLAIN DISTRICT
Section 4.1 Floodway (F1)
General Requirements
In the Floodway no development shall be permitted which would
result in any increase in the Base Flood Elevation during the occurrence of the
Base Flood discharge. When a
developer construction of stream improvements, he shall submit an engineering
study prepared by a Registered Professional Engineer which fully evaluated the
effects of such construction. The
report shall use the Base Flood as herein defined as the basis of analysis.
All adjacent communities including all incorporated communities having a
flood plain ordinance and the State Coordinating Office 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 Federal Insurance Administrator.
In addition, the developer shall assure, the Boone County Commission, in
writing that the flood carrying capacity within the altered or relocated portion
of the watercourse in question will be maintained.
Section 4.2 Floodway Fringe (F2) & Approximate Flood Plain (F3)
In the Floodway Fringe and Approximated Flood Plain any
development and/or use of land shall be permitted provided that all such uses,
activities, and/or development shall be undertaken in strict compliance with the
floodproofing and related provisions contained herein and in all other
applicable codes, ordinances and regulations.
For any manufactured home park or subdivision shall file with the
Disaster Preparedness authorities of Boone County, and the Boone County
Commission, an evacuation plan which indicates alternative vehicular access
routes.
In addition, whenever a developer intends to alter or relocate
watercourse within the Floodway Fringe or Approximated Flood Plain, the
developer shall notify in writing by certified mail all adjacent communities
including incorporated communities having a flood plain ordinance and the State
Coordinating Office of all such intended activities prior to any alterations or
relocation of the watercourse, and shall submit copies of such developer shall
also assure the Boone County Commission, in writing, that the flood carrying
capacity within the altered or relocated portion of the watercourse in question
will be maintained.
Section 5.1 General
Building permits are required in designated Flood Plain Districts
in order to determine whether all new construction or substantial improvements
are:
1.
Designed
(or modified) and adequately anchored to prevent flotation, collapse, or lateral
movement.
2.
Constructed
with materials and utility equipment resistant to flood damage.
3.
Constructed
by methods and practices that minimize flood damage.
Section 5.2 Basic
Format
The basic format of the building permit shall
include the following:
1.
Name
and address of applicant.
2.
Name and
address of owner of land on which proposed construction is to occur.
3.
Site
location.
4.
Name and
address of contractor.
5.
Brief
description of proposed work and estimated cost.
6.
A plan of
the site showing the exact time and location of the proposed construction as
well as any existing buildings or structures.
Section 5.3 Elevation
and Floodproofing Information
Depending on the type of structure involved, the following
information shall also be included in the building permit for work within the
Flood Plain District.
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.
(3)
Plans
showing the method of elevation, the proposed structure, including details of
proposed fills, pile structures, retaining walls, foundations, erosions
protection measures, etc.
(4)
Plans
showing the method used to protect utilities (including water, sewer, telephone,
electric, gas, etc.) form flooding to the Base Flood Elevation at the building
site.
B.
For structures to be floodproofed to the Base Flood Elevation
(non-residential structures only:)
(1)
Plans
showing details of all floodproofing measures,
and showing the size to the proposed structure and its relation to the
lot where it is to be constructed.
(2)
A
determination of elevations of existing ground, proposed finished ground, lowest
floor, and floodproofing limits.
(3)
The Flood
Plain Property Improvement Administrator shall require a certificate prepared by
a Registered Professional Engineer or Architect, that the structure in question,
together with attendant utility and sanitary facilities, is designed so that:
(a)
Below
the base flood elevation the structure is watertight with walls substantially
impermeable to the passage of water.
(b)
The
structure will withstand the hydrostatic hydrodynamic buoyant, impact, and other
forces resulting from the flood depth, velocities, pressures, and other factors
associated with the Base Flood.
Section
5.4 Site Plan Criteria
The
owner or developer of any proposed subdivision, manufactured home park or
subdivision, or other development located within the designated flood plain
district shall submit a site plan to Boone County Commission which includes the
following information:
1.
Name
of engineer, 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 unincorporated flood-prone areas, proposed lots and sites, fills,
flood or erosion protective facilities and areas subject to special deed
restriction. In addition, it is
required that all subdivision proposals and other proposed new developments
greater than 50 lots or 5 acres, whichever is the lesser, shall include base
flood elevation data.
3.
Where the
subdivision and/or development lies partially or completely in the flood-prone
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 (2) or five
(5) feet depending upon the slope of the land and identify accurately the
boundaries of the flood-prone areas.
Section
5.5
The
Flood Plain Property Improvement Administrator shall require that any
applications, plans or other documents comprising any submission to the Flood
Plain Property Development Administrator be prepared by a Registered
Professional Engineer, Architect or surveyor when a new nonresidential structure
is to be floodproofed.
Section
6.1 Design and Construction
In
order to prevent excessive damage to buildings and structures, the following
restrictions shall apply to all new construction and to construction of
substantial improvements to existing structures occurring in the Flood Plain
District.
All
new construction and substantial improvements of residential structures must
have the lowest floor (including basement) elevated to the base flood elevation.
All new construction and
substantial improvements of nonresidential structures must have the lowest floor
(including basement) elevated to the base flood elevation; or, together with
attendant utility and sanitary facilities, be designed so that below the base
flood elevation the structure is floodproofed in accordance with Section 5.3B.
A.
Basements and Lowest Floors
For all new construction and substantial improvements, 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 requirements must either be certified by a Registered
Professional Engineer or Architect or must meet or exceed the following minimum
criteria: A minimum of two openings
having a total net area of not less than one 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, or other coverings or devices provided that they
permit the automatic entry and exit of flood-waters.
B.
Fill
If fill is used to raise the finished surface of the lowest floor to
the base flood elevation:
1.
Fill
shall extend beyond a structure for a sufficient distance to provide acceptable
access. For residential structure,
fill shall extend laterally fifteen (15) feet beyond the building line from all
points. For non-residential
structures, fill shall be placed to provide access acceptable for intended use.
At-grade access, the fill extending laterally fifteen (15) feet beyond
the building line, shall be provided to minimum of twenty-five (25) percent of
the perimeter of the non-residential structure.
2.
Fill
shall consist of soil or rock materials only.
Sanitary landfills shall not be permitted.
3.
Fill
material shall be compacted to provide the necessary stability and resistance to
erosion, scouring, or setting.
4.
Fill
slopes shall be no steeper than one (1) vertical or two (2) horizontal, unless
substantiating data justifying steeper slopes are submitted to and approved by
the Permit Officer.
5.
Fill
shall be used only to the extent to which it does not adversely affect adjacent
properties.
C. Placement
of Buildings, Structures, and Manufactured Homes
1.
All
buildings and structures 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 effort upon the flow and height of flood water.
2. Manufactured
homes to be placed or substantially improved on sites
(a)
outside
of a manufactured home park or subdivision, or
(b)
in a new
manufactured home park or subdivision or
(c)
in an
expansion to an existing manufactured home park or subdivision
shall be elevated on a permanent foundation so
that the lowest floor of each manufactured home will be at the base flood
elevation. Additionally,
manufactured homes ploaced or substantially improved on sites in an existing
manufactured home park or subdivision in which a manufactured home has incurred
“substantial damage” shall meet this requirement.
3.
All other manufactured homes to be placed or substantially improved in an
existing manufactured home park or subdivision
shall be elevated so that either
(a)
the
lowest floor of the manufactured home is at the base flood elevation, or
(b)
the
manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in
height above grade.
4.
When manufactured homes are elevated on pilings, lots shall be large
enough
to permit steps, piles shall be placed in stable
soil no more than ten feet apart, and
reinforcement shall be provided for pilings more
than six feet above the ground
level.
5. All manufactured homes shall be provided with adequate
surface drainage and
access
for a manufactured home hauler
D.
Anchoring
1. All buildings and
structures including manufactured homes 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.
2. All
air ducts, large pipes and storage tanks located at or below the base flood
elevation shall be firmly anchored to resist flotation.
3. All manufactured homes shall be anchored to resist flotation,
collapse or
lateral
movement by providing over-the-top and frame ties to ground anchors.
a. Over-the-top ties shall be provided at each of the four
corners of the
manufactured
home, with two additional ties per side for manufactured
homes
less than 50 feet long.
b. Frame ties shall be provided at each corner of the home with
five
additional
ties per side at intermediate points, with manufactured homes
less
than 50 feet long, requiring four additional ties per side.
c. All components of the anchoring system shall be capable of
carrying a
force
of 4,800 pounds.
d. Any additions to a manufactured home shall be similarly
anchored.
E.
Storage
No Materials that are buoyant, flammable, explosive or in times of
flooding could
be injurious to human, animal or plant life, shall
be stored blow base flood
elevation.
F.
Utility
and Facility Requirements
For all proposed subdivisions manufactured home parks or
subdivision or other
development in the Flood Plain District, the
Permit Officer designated by the
Boone County Commission, shall require.
G.
Drainage
Adequate drainage shall be provided to reduce exposure to flood
hazards.
H.
Evacuation
A plan for evacuating the residents of existing manufactured home
parks or
subdivisions be developed and filled with and
approved by appropriate
community emergency management authorities.
The purpose of this requirement
is to reduce the potential for loss of life if
existing manufactured home parks or
subdivisions are flooded.
I.
Recreational Vehicles
No floodplain management rules contained herein would apply to a
recreational
vehicle if the vehicle was on site for fewer than
180 consecutive days or was fully
licensed and “ready for highway use”, meaning
the vehicle 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. If the recreational
vehicle does not meet these criteria, it would be
subject to the restrictions placed
on manufactured home.
ARTICLE
VII - ADMINISTRATION
Section
7.1 Building Permits and Site Plan Approvals Required
It shall be unlawful for any person, partnership,
business, or corporation to
undertake or cause to be undertaken, any
development or the new construction,
substantial improvement or relocation of any
structure (including manufactured
homes) within the Flood Plain District, unless the
necessary permits have been
obtained for the Permit Officer, designed by the
Boone County Commission. In
addition, where land is to be subdivided, utilized
for a mobile home park or
subdivision or otherwise developed in a Flood
Plain District a site plan must be
submitted to, and approved by, the Permit Officer
to any development.
Section
7.2 Approval of Permits and Plans
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
this and all other applicable Codes and
Ordinances.
The Permit Officer shall require copies of all necessary permits from
those
governmental agencies for which approval of
required by Federal or State Law.
A record of all information supplied to the Permit
Officer shall be kept on file by
the Boone County Commission.
Section
7.3 Application Procedures
Application for a building permit and site plan approvals in the Flood
Plain
District shall be made, in writing, to the Permit
Officer, and shall include all
information stipulated under Article V of this
Ordinance.
Section
7.4 Comment Period
Upon receipt of a completed application for a building permit, the Boone
County
Commission shall cause to be posted at the Boone
County Commission
Courthouse a notice that the application is
pending before the County
Commission and that written comments concerning
such application shall be
received by them for a period of seen days from
the date the notice is first posted.
At the end of the seven day period the
applications shall be acted upon, taking
into consideration any comments made.
Section
7.5 Changes
After issuance of a building permit or site plan approval by the Permit
Officer, 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 Permit Officer.
Section
7.6 Placards
In addition to the building permit, the Permit Officer shall issue a
placard which
shall be displayed on the premises during the time
construction is in progress.
This placard shall show the number of the building
permit, the date of its issuance and be signed by the Permit Officer.
Section
7.7 Start of Construction
Work on the proposed construction shall begin within six (6) months after
the
date of the issuance of the building permit or the
permit shall expire unless a time
extension if granted, in writing by the Building
Permit Officier. Once
construction has begun, the project must be
completed within one year from the
date.
Section
7.8 Inspection and Revocation
During the construction period, the Building Permit Officer or other
authorized
official may inspect the premises to determine
that the work is progressing in
compliance with the information provided on the
permit application and with all
applicable laws and ordinances.
In the event the Building Permit discovers that
the work does not comply with the permit
application or any applicable laws and
ordinances, or that there has been a false
statement/or misrepresentation by the
applicant, the Building Permit Officer shall
revoke the building permit and report
such face to the County Commission for whatever
action is considered necessary.
Section
7.9 Use of Available Flood Data
The administrator shall obtain, review, and reasonably utilize any base
flood
elevations and floodway data available from a
Federal, State or other source, as criteria for requiring that new construction,
substantial improvements or other development in Zone A meet all requirements
set forth within these regulations. (Note that available base flood data include data submitted
with subdivision proposals and other proposed developments greater than 50 lets
or 5 acres, whichever is less, including manufactured home parks and
subdivisions.)
ARTICLE
VII - ADMINISTRATION OF FLOOD PLAIN PROPERTY IMPROVEMENTS ORDINANCE: BUILDING PERMITS
Section
8.1 Building Permit Officer
A Building Permit Officer shall be appointed by the Boone County
Commission
to serve at the will and pleasure of the
Commission. The Building Permit
Officer
shall administer and enforce the provisions of
this ordinace. The Building Permit
Officer shall also review and make initial
determinations upon requests for
building permits within a Flood Hazard District.
The Building Permit Officer
shall be responsible for notifying persons in
violation of the provisions of this
Ordinance when such violations are found by the
officer. Such notice shall
indicate the nature of the Violation and order the
necessary corrective action.
Section
8.2 Appeals
Whenever any person is aggrieved by a decision of the Building Permit
Officer
with respect to the provisions of this Ordinance,
it is the right of that person to
appeal to the Boone County Commission.
Upon receipt of such appeal, the
Boone County Commission shall set a time and place
not less than ten (10) days,
nor more than thirty (30) days for the purpose of
hearing the appeal. Notice shall
be given to all parties at which time they may
appear and be heard. The
determination by the Boone County Commission is
final in all cases.
Section
8.3 Appeals Review Criteria
(Variance Conditions)
All appeals contesting only the permit fee established by the Building
Permit
Officer may be handled at the discretion of the
Boone County Commission.
1. An
affirmative decision shall not be issued by the Boone County Commission
within the designated floodway if any increase in
flood levels during the base
flood discharge would result.
2. A
decision may be issued by the Boone County Commission for the
construction and substantial improvements to be
erected on a lot of one-half acre
or less in size contiguous to the base Flood
Elevation in conformance with the
procedures of paragraphs 3, 4, 5, and 6 of this
section.
3. Affirmative
decisions shall only be issued by the Boone County Commission
upon (i) a showing of good and sufficient cause,
(ii) a determination that failure to
grant the appeal would result in exceptional
hardship to the applicant, and (iii) a
determination that the public granting of an
appeal will not result in increased
flood heights, additional threats to the public
safely extraordinary public expense,
create nuisances, cause fraud on or victimization
of the public or conflict with
existing local laws or ordinance.
4. Affirmative
decisions shall only be issued upon determination that it is the
minimum necessary, considering the flood hazard,
to afford relief.
5. The
Boone County Commission shall notify the applicant in writing over the
signature of its president that (i) the issuance
of a decision to allow construction
of a structure below the Base Flood Elevation will
result in increased premium
rates for flood insurance (ii) such construction
below the Base Flood Elevation
increase the risks to life and property.
Such notification shall be maintained with
a record of all decisions as required in paragraph
(6) of this section; and
6. The
Boone County Commission shall maintain a record of all decisions
including justification for their issuance, and
(ii) report such decisions issued in
its annual report submitted to the Federal
Insurance Administration.
Section
8.4 Penalties
Any person who fails to comply with any or all of the requirements or
provisions
of this Ordinance or direction of the Building
Permit Officer or any other
authorized employee of the County Commission shall
be guilty of a misdemeanor
and, upon conviction, shall pay a fine of not less
than Twenty-five ($25.00) nor
more than Five Hundred Dollars ($500.00) or be
sentenced to no more than ten
(10) days in the County Jail, or both.
Each day during which any violation of this
Ordinance shall not excuse the
violation or noncompliance or permit it to
continue; and all such persons shall be
required to correct or remedy such violations.
ARTICLE
IX - SEVER ABILITY AND MUNICIPAL LIABILITY
Section
9.1 Sever ability
If any section, subsection, paragraph, sentence, clause, or phrase of
this Ordinance
shall be declared invalid for any reason whatever,
such decision shall not affect
the remaining portions of the Ordinance which
shall remain in full force and effect, and for this purpose the provisions of
this Ordinance are hereby declared to be severable.
Section
9.2 Liability
The granting of a permit or approval of a subdivision or development plan
in an
identified flood-prone area, shall not constitute
a representation guarantee or
warranty of any kind by the Boone County
Commission or by any official or
employee thereof of the practicability or safety
of the proposed use and shall
Create no liability upon the Boone county
commission, its officials, or employees.
ARTICLE
X - ENACTMENT
ENACTED
and ORDAINED this __4th___ day of _February, 1991.
The
Boone County Commission,
At
a REGULAR session of the County Commission of Boone County, West Virginia, held
at the Courthouse thereof on the 4th day of February, 1991, the following ORDER
was made and entered:
SUBJECT:
FLOODPLAIN
ORDINANCE
The following motion was offered by Commissioner Gene Kuhn:
That, in order to qualify homeowners and potential homeowners of Boone
County
for flood insurance, the
Boone County Commission hereby adopt the Ordinance
entitled “An Ordinance
Establishing a Flood Plain District and requiring All
Persons, Partnerships,
Businesses, and Substantial Improvement or Relocation of
Any Building or
Structure of Construction Within the Flood Plain District and
Setting Forth Special
Procedures for Submission and Approval of Plans;
Establishing Penalties
of this Ordinance” (a copy of which is attached herewith),
in accordance with
requirements of the Federal Emergency Management Agency.
Further, that said Boone
County Commission appoint Roger Jarrell to act as its
Permit Officer for the
administration of the permit requirements of the above-
mentioned Ordinance.
The adoption of the
foregoing motion, having been made by Gene Kuhn,
Commissioner, and duly
seconded by Gordon Eversole, commissioner, the vote
thereon was as follows:
J.M “Mickey”
Protan, President......................................................._AYE_
Gene Kuhn,
Commissioner.............................................................._AYE_
Gordon Eversole,
Commissioner....................................................._AYE_
Whereupon, J.M.
“Mickey” Protan, President, declared said motion duly adopted;
and it is therefore
ADJUDGED and ORDERED that said motion be and the same
is hereby adopted.
J.M.
“Mickey” Protan, President
Gene
Kuhn, Commissioner
Gordon
Eversole, Commissioner
At a REGULAR session of the County
Commission of Boone County, West
Virginia, held at the
Courthouse thereof on the 18th day of February, 1992, the
following ORDER ws made
and entered:
SUBJECT:
BOONE COUNTY FLOOD PLAIN ORDINANCE AMENDMENT NO. 1
The following motion was
offered by Commisioner Gordon Eversole:
Having, by ORDER entered
the 4th day of February, 1991, enacted a Flood Plain Ordinance for Boone County,
West Virginia, that the Boone County Commission hereby cause Amendment No.1
which defines “Basement” to be attached that Ordinance, as follows:
ARTICLE II - DEFINITIONS:
Basement
Any area of the Building having its floor sub grade (below ground
level)
on
all sides.
The adoption of the
foregoing motion, having been made by Gordon Eversole, Commissioner, and duly
seconded by Gene Kuhn, Commissioner, the vote thereon was as follows:
J.M. “Mickey” Protan,
President..............................................................._AYE_
Gene Kuhn,
Commissioner......................................................................._AYE_
Gordon Eversole,
Commissioner.............................................................._AYE_
Whereupon, J.M. “Mickey” Protan, President, declared said motion duly
adopted; and it is therefore ADJUDGED and ORDERED that said motion be and the
same is hereby adopted.
J.M. “Mickey” Protan, President