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(a) Building Permit Required.
(1) 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, the placement or relocation of any structure (including manufactured home) within the Floodplain Area, unless a building permit has been obtained from the Floodplain Administrator.
(2) A Building Permit application submitted to and approved by the Floodplain Administrator is required to determine whether all new construction or substantial improvements are:
A. Located in an identified Floodplain, Floodway or other flood hazard area.
B. 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.
C. 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.
D. Constructed by methods and practices that minimize flood damage.
E. 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.
(3) In addition, where land is to be subdivided, utilized for a manufactured home park or subdivision or otherwise developed, a Site Plan must be prepared, submitted, and approved pursuant to Article 1331 of the City of Charles Town Subdivision and Land Development Ordinance prior to any development.
(b) Basic Format of Building Permit Application. The basic format of the building permit application 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) Names, addresses, and valid West Virginia State 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.
(4) A description of site location sufficient to locate the project including tax map and parcel number and most recent deed book and page number.
(5) The site plan shall also show the 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 lowest adjacent grade to the proposed foundation and/or toe of fill, the Base Flood Elevation and the location of the floodway boundary when applicable.
(6) An acknowledgement that the applicant agrees to pay any and all fees associated with the permitting process according to Charles Town's adopted Fee Schedule.
(7) An acknowledgement that the applicant agrees to allow authorized representatives of floodplain management programs access to the development to inspect for compliance.
(8) The contract required by WV Code of State Regulations, Title 28, Series 4, and all addendums to the contract(s) shall be presented to the Floodplain Administrator for review within five (5) business days of contract signing.
The community does not require and will not keep copies of the contracts or addendums. Failure to present contract or addendums for review shall void the permit. If a licensed contractor is not involved, or the work is of an aggregate value of less than ten thousand dollars including materials and labor, a brief written description of proposed work and the estimated value will suffice.
(c) Site Plan Criteria. The owner or developer of any proposed development meeting the definition of a Minor or Major Subdivision as defined under Article 1331 of the City of Charles Town Subdivision and Land Development Ordinance, shall submit a Site Plan to the Floodplain Administrator that includes the required site plan elements as prescribed under Article 1331 as well as 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 fills. In addition, it is required that all subdivision proposals and other proposed new developments which are proposed to take place either fully or partially within the approximated floodplain (F4) and which are greater than ten (10) lots or two (2) acres, whichever is the lesser, shall include base flood elevation data and shall delineate a floodway. If FEMA has completed a Flood Insurance Study (FIS), that data must be used to substantiate the base flood. Otherwise, the developer may submit data provided by an authoritative source, such as U.S. Army Corps of Engineers, U.S. Geological Survey, Natural Resources Conservation Service, state and local water resource departments, or technical data developed using detailed methodologies comparable to those contained in a Flood Insurance Study. This data shall be prepared and certified by a registered professional engineer, who shall certify that the technical methods used correctly reflect currently accepted technical concepts.
(3) Where the subdivision and/or development lies partially or completely in the floodplain areas, the site plan 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 floodplain areas.
(4) Where the subdivision or other development site lies partially in the floodplain area and all proposed development including fill will take place on natural grade a significant vertical distance above the floodplain boundary depicted on the map, development of detailed Base Flood Elevation 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 and clearly delineate the area to be developed and the location of the floodplain areas as depicted on the FEMA map. A registered professional engineer, licensed professional surveyor or others of demonstrated qualifications must certify the site plan.
(d) Restrictions to Subdivision of Land in Floodplain Areas. Subdivision of land in the floodplain area must result in lots that include a buildable portion outside of the identified flood hazard area and be served by streets within the proposed subdivision having surfaces not lower than one (1) foot below the elevation of the line defining the floodplain limits. All new structures must be sited on the portion of the subdivided lot that is located outside of the identified flood hazard area.
(e) Approval of Building Permits and Site Plans. All building permits and Site Plans shall be duly approved by the Floodplain Administrator and City Planning Commission only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of the City of Charles Town and all other applicable codes and ordinances. The City of Charles Town shall require copies of all necessary permits from those governmental agencies from which approval is required by Federal and State Law. 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.
(f) Inspection and Revocation. During the construction period, the Floodplain Administrator 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 that the Floodplain Administrator 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 any applicant, the Floodplain Administrator shall revoke the building permit and report such fact to the City Manager and Charles Town Planning Commission for whatever action it considers necessary.
(g) Fees. Application for a building permit shall be accompanied by a fee according to the City's Fee Schedule.