Article I. General Provisions

1. The provisions of this ordinance have been prepared with the intention of meeting the requirements of THE NATIONAL FLOOD INSURANCE ACT OF 1968 (42 U.S.C. 4001 et seq.) AMENDED BY THE CONGRESS OF THE UNITED STATES THROUGH THE 15TH.OF FEBRUARY, 1975 (PUBLIC LAW 91-152),
2. Authority to adopt, administer and enforce this Ordinance is vested in the community pursuant to WEST VIRGINIA STATE CODES 7-1-3v, 7-1-3n and 7-1-3kk and WEST VIRGINIA STATE CODE 8A-4-2, 8A-5-7, 8A-7-2

Section 1.2

Effective Date This Ordinance was originally established by action of the County Commission of Jefferson County on November 20, 1975, and took effect on the 20th day of December, 1975. It was amended and/or revised in October, 1980 and July, 1986, revised and re-enacted in March 1987, and amended on July 15, 1993 and December 10, 1998. This amended Ordinance shall take effect upon the date of its adoption by the County Commission of Jefferson County.

Section 1.3

Intent The intent of this ordinance is to:

1. Promote the general health, welfare, and safety of the community.
2. Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
3. Minimize danger to public health and safety by protecting water supply and sanitary sewage disposal, in cooperation with the County Sanitarian, and to protect natural drainage.
4. Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing the unwise design and construction of development in areas subject to flooding.

Section 1.4

Abrogation and Greater Restrictions This ordinance supersedes any ordinance currently in effect in flood prone areas. Any ordinance, however, shall remain in full force and effect to the extent that its provisions are more restrictive.

Section 1.5

Applicability It shall be unlawful for any contractor, person, partnership, business, or corporation to undertake or cause to be undertaken, any land development or subdivision of land, or the new construction, substantial improvement, repair of substantial damage, or the placement or relocation of any structure (including manufactured homes) within the Floodplain Areas of Jefferson County; unless the development is processed and approved by the Jefferson County Planning Commission under the land development ordinances (Subdivision and Zoning) of Jefferson County, and/or an Improvement Location Permit (ILP) application is submitted and approved under the Building Code Enforcement Ordinance and an Improvement Location Permit is obtained from the Departments of Planning, Zoning, and/or Engineering. Provision of all other codes, ordinances, and regulations shall be applicable insofar as they are consistent with the provisions of this Ordinance and the community’s need to minimize the hazards and damage resulting from flooding.