(a) Designation of Floodplain Administrator.
(1) The Director of Planning and Development in the City of Fairmont is hereby appointed as Floodplain Administrator and is vested with the responsibility, authority and means to implement the commitments made. Upon appointment of a new Floodplain Administrator, the meeting minutes with the applicable Floodplain Ordinance shall be provided to The State Coordinating Office and FEMA.
(2) Within one year of his appointment the new Floodplain Manager must attend the State/FEMA sponsored NFIP Class 273 entitled "Managing Floodplain Development" and remain current with State required continuing education annual training. (See W.Va. Code §15-5-20a) In the absence of a formally appointed Floodplain Administrator the duties set forth in this Ordinance for the Floodplain Administrator shall be temporarily fulfilled by the City Manager or his designee.
(3) The Floodplain Administrator shall administer and implement this Ordinance by granting or denying floodplain development permits in accordance with its provisions. The Floodplain Administrator shall also be responsible for submitting all required reports to FEMA concerning participation in the National Flood Insurance Program.
(b) Development Permits and Site Plan Approvals Required. It shall be unlawful for any contractor, person, partnership, business, limited liability corporation or corporation to undertake or cause to be undertaken, any development or the new construction, substantial improvement, repair of substantial damage, the placement or relocation of any structure (including manufactured homes) within City of Fairmont unless a permit application and standard site plan has been completed, and a permit has been obtained from the Floodplain Administrator. In addition, where land that is either partially or fully in the special flood hazard area is to be subdivided, utilized for a manufactured home park or subdivision or otherwise developed, a detailed site plan must be submitted to, and approved by, the Floodplain Administrator prior to any development.
(c) Approval of Permits and Plans.
(1) The Floodplain Administrator shall review, or shall cause to be reviewed, all permit applications and plans within 90 days from the Permit Application submission date in order to determine whether the proposed development is reasonably safe from flooding. Further, the Floodplain Administrator shall review all objections, comments, protest letters and other writings submitted in opposition of said Floodplain Permit Application and give due consideration to the same before granting or denying said Permit.
(2) 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 Ordinance, State and Federal Laws, Ordinances and Regulations.
(3) The Floodplain Administrator shall not issue a permit to any person who does not possess a valid contractor's license when a contractor's license is required by West Virginia Code §21-11-7.
(4) The Floodplain Administrator, before issuance of the permit, shall require the applicant to furnish satisfactory proof that such person is duly licensed as a contractor under the provisions of West Virginia State Code. If the applicant is not licensed under West Virginia Code §21-11-6 a written affidavit that such person is not subject to licensure as a contractor or subcontractor as defined in §21-11-6 shall be filed with the City of Fairmont Planning and Development Department, date/time stamped and filed in the official Floodplain Permit Application File.
(5) The Floodplain Administrator shall require and keep on file copies of any documentation pertaining to the permit from any other governmental agencies. Whether Federal or State or Local, that requires site approval, this shall be submitted to the City of Fairmont Planning and Development Department, date/time stamped and filed in the official Floodplain Permit Application File prior to final issuance of said permit and prior to the start of construction. This information shall be maintained for the life span of the development.
(6) The Floodplain Administrator shall provide a copy of all permits to the County Assessor as required by West Virginia Code §11-3-3a. and provide a copy of all Floodplain Permits for new structures to the County E-911 Addressing Coordinator.
After the filing of an Application for a Floodplain Permit and receiving a properly and timely filed objection to the issuance of a Floodplain Permit Application, but prior to the Floodplain Administrator's decision to grant or deny the same, the Floodplain Administrator may, in his sole discretion, hold a public meeting wherein evidence can be taken or given by interested persons or parties. Said meeting shall have a court reporter present to record all testimony and receive all exhibits and evidence. Said meeting notice shall be mailed by certified mail return receipt requested to the Permit Applicant and the objecting person or entity and placed upon the agenda of a regularly scheduled City of Fairmont Board of Zoning Appeals meeting announcing the date, time and place of said meeting not prior to 10 calendar days from official announcement. The meeting transcript and exhibits presented shall be filed in the official Floodplain Application Permit File.
(d) Application Procedures. Application for a permit and/or site plan approvals shall be filed, in writing, in duplicate, on the forms supplied by the City of Fairmont and shall include all information stipulated under Section 1765.05.
(e) Changes. After the issuance of a Floodplain Permit or site plan approval by the Floodplain Administrator or Floodplain Appeals Board, no changes of any kind shall be made to the application, permit, or any of the plans, specification or other documents submitted with the application without the written consent and approval of the Floodplain Administrator.
(Ord. 1803. Passed 3-12-19.)
(f) Permit Placards. The Floodplain Administrator shall issue a permit placard, which shall be prominently displayed on the subject property during the time development is in progress. This placard shall show the number of the permit, the date of its issuance and be signed by the Floodplain Administrator or the Board of Zoning Appeals sitting as the Floodplain Appeals Board. (Ord. 1816. Passed 5-14-19.)
(g) Start of Construction. Work on the proposed development shall begin within 180 days after the date of issuance of the Floodplain Permit or the Floodplain Permit shall expire unless a time extension request made in writing to the Floodplain Administrator and filed in the official Floodplain Permit Application File by the Director of Planning and Development is granted, in writing, by the Floodplain Administrator after a showing by the applicant of "justifiable delay" not caused by the negligence or lack of due diligence of the applicant. Any extension of the 180 day Start of Construction timeframe shall only be granted if the permit holder can demonstrate compliance with this Floodplain Ordinance, FIRM and/or FIS in effect at the time the extension is granted. All work on the proposed development must be completed within 18 months of permit issuance, at which time the permit shall expire, unless a time extension made in writing to the Floodplain Administrator and filed in the official Floodplain Permit File by the Director of Planning and Development is granted in writing by the Floodplain Administrator. The request for a time extension shall be in writing and shall state the reasons for the extension. When considering an extension, the Floodplain Administrator shall consider the following criteria:
(1) Has the applicant diligently pursued the completion of the proposed development during the 18 months?
(2) Will the granting of the extension be detrimental to public safety, health, or welfare or injurious to other property?
(h) Stop Work Orders, Inspections and Revocations.
(1) Stop-Work Orders.
A. The Floodplain Administrator shall issue, or cause to be issued, a "Stop Work Order Notice" for any development found ongoing without having obtained a Floodplain Permit. Disregard of a Stop Work Order Notice shall subject the violator to the penalties described in Section 1765.08(d).
B. The Floodplain Administrator shall issue, or cause to be issued, a "Stop Work Order Notice" for any development found non-compliant with the provisions of this Ordinance and/or the conditions of the Floodplain Permit. Disregard of a Stop Work Order notice shall subject the violator to the penalties described in Section 1765.08(d).
C. In the event that the Floodplain Administrator issues a Stop Work Order Notice, the Floodplain Permit shall be stayed pending a determination of whether a violation actually occurred and/or abatement of the alleged violation, whichever occurs first.
D. In the event of an Appeal on a Floodplain Permit, the Floodplain Administrator shall immediately issue a Stop Work Order Notice that shall remain in effect until a resolution of said Appeal.
(2) Inspections and Revocations.
A. During the development period, the Floodplain Administrator or other authorized City, County, State or Federal Government Officials may inspect the premises to determine that the work is progressing in compliance with the information provided on the Floodplain Permit Application, this Ordinance and with all applicable Federal, State, County and City laws, Regulations and Ordinances.
B. If the Floodplain Administrator discovers that the work does not comply with the Floodplain Permit Application, this Ordinance or that there has been a false statement(s) or misrepresentation(s) by any applicant in the permitting process, the Floodplain Administrator shall issue a "Stop Work Order Notice," revoke the permit and may request a temporary injunction in the Circuit Court of Marion County, West Virginia, if there is non-compliance with the Stop Work Order Notice. The Floodplain Administrator shall notify any appropriate agency or authority if the Floodplain Administrator finds a violation of any non-Floodplain Law, Regulation or Ordinance.
C. The Floodplain Administrator or other authorized City, County, State or Federal Government Officials may inspect any development covered by this or previous Floodplain Ordinances to determine whether any portion of the development has been altered to be non-compliant with the requirements of this or other Ordinances.
(i) Certificate of Compliance.
(1) In the special flood hazard area it shall be unlawful to occupy, or to permit the use of occupancy, of any building or premises, or both, or part thereof hereafter created, erected, installed, changed, converted or wholly or partly altered or enlarged in its use or structure until a Certificate of Compliance has been issued by the Floodplain Administrator stating that the building or land conforms to the requirements of this Ordinance. Occupying or using a building or premises in violation of this section shall subject the violator to the penalties described in Section 1765.08(d).
(2) In the special flood hazard area it shall be unlawful to inspect and approve a permanent utility connection to any building or premises, or both, or part thereof hereafter created, erected, installed or rebuilt until the utility inspector is in possession of a copy of the Certificate of Compliance issued by the Floodplain Administrator stating that the particular development being inspected conforms to the requirements of this Ordinance. Inspection and approval of utilities in violation of this section shall subject the violator to the penalties described in Section 1765.08(d).
(3) In the special flood hazard area it shall be unlawful to install a permanent utility connection to any building or premises, or both, or part thereof hereafter created, erected, installed or rebuilt until a Certificate of Compliance has been issued by the Floodplain Administrator stating that the development conforms to the requirements of this Ordinance. Installation of utilities in violation of this section shall subject the violator to the penalties described in Section 1765.08(d).
(4) A Certificate of Compliance shall be issued by the Floodplain Administrator upon satisfactory completion of all development in the special flood hazard.
(5) Issuance of the Certificate of Compliance shall be based upon the inspection conducted as prescribed in this Ordinance and any finished construction elevation certificate, hydraulic data, flood proofing certificate, or encroachment analyses which may have been required as a condition of the Floodplain Permit approval process.
(Ord. 1803. Passed 3-12-19.)
(j) Fees..
(1) Flood Plain Determination fee: Reserved
A. Proposed development determined to be occurring in a special flood hazard area regulated by this ordinance shall be assessed an additional fee, payable to City of Fairmont based upon a set schedule approved by City of Fairmont using the estimated value of the proposed construction as determined by the Floodplain Administrator.
B. The fee schedule and additional costs reimbursement schedule is attached as Addendum 1
(2) Due to the increased cost of processing, when any work for which a permit is required by this ordinance is started or proceeded with prior to obtaining a permit the fees above specified shall be doubled. The additional fee is intended to partially reimburse the City of Fairmont for the additional cost of processing permits for work already underway. To more fully recover this cost the fees above shall be tripled for every subsequent occurrence by the same person. Payment of the increased fee shall not relieve any person from complying fully with the requirements of this ordinance in the execution of the work or from other penalties prescribed herein.
Addendum 1
Fee Schedule
Name | Application | Fee |
Floodplain Determination Fee | Shall be assessed on all proposed development within the City of Fairmont | Reserved |
Proposed development in Special Flood Hazard Area Plan Review Fee | Shall be assessed on proposed development located within a Special Flood Hazard Area within the City of Fairmont as determined by the WV Flood Map tool | Based on the estimated value of the proposed construction as determined by the Floodplain Administrator $50.00/hour up to 1% of the total job costs with a $150.00 minimum |
Reimbursable fee | Reimbursement to the City for any additional costs for services necessary for review and/or inspection of the proposed development. A deposit may be required | Reimbursable, actual costs, may include, but are not limited to: Survey Engineering Court Reporting Legal Ads and Certified Mail |
Work Begun Without a Flood Plain Permit Fee | Work commenced without proper permitting will be fined a fee that is double the cost for the proposed development in a special flood hazard area fee. | Based on the estimated value of the proposed construction as determined by the Floodplain Administrator $100.00/hour up to 2% of the total job cost with a $300.00 minimum |
Work begun without a flood plain permit fee - repeat offender | Work commenced without proper permitting will be fined a fee that is triple the costs for the proposed development in a special flood hazard area fee | Based on the estimated value of the proposed construction as determined by the Floodplain Administrator $150.00/hour up to 3% of the total job cost with a $450.00 minimum |
(Ord. 1949. Passed 5-24-22.)