The City Planner, or designated agent, is hereby appointed as Floodplain Administrator to administer and implement this local law by granting or denying floodplain development permits in accordance with its provisions.
(a) Development Permits and Site Plan Approvals Required. It shall be unlawful for any contractor, person, partnership, business, 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 Martinsburg, 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 regulatory floodplain 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.
(b) Approval of Permits and Plans.
(1) 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.
(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 the State and all other applicable codes and ordinances.
(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 State Code §21-11-10.
(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 a written affidavit that such person is not subject to licensure as a contractor or subcontractor as defined in §21-11-3 shall be provided to the Floodplain Administrator and placed in the permit file.
(5) The Floodplain Administrator shall require copies of all necessary permits from those governmental agencies from which Federal or State Law requires approval.
(6) The Floodplain Administrator shall provide, or cause to be provided, a copy of all permits to the County Assessor as required by West Virginia State Code 11-3-3A.
(7) The Floodplain Administrator shall provide, or cause to be provided, a copy of all permits for new structures to the County E-911 addressing coordinator.
(8) The County E-911 addressing coordinator shall provide, or cause to be provided, a copy of all requests for addresses for new structures to the County Floodplain Administrator.
(9) The City of Martinsburg shall provide sufficient space to allow the Floodplain Administrator to keep on file in perpetuity, in a location safe from natural hazards, all information collected during the course of the administration of this article.
(c) Application Procedures. Application for a permit and/or site plan approvals shall be made, in writing, on the forms supplied by the City of Martinsburg Planning Department, and shall include all information stipulated under Section 1771.05.
(d) Changes. After site plan approval by the Martinsburg Planning Commission and the issuance of a permit by the Floodplain Administrator, 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 or approval of the Floodplain Administrator.
(e) Permit Placards.
(1) The Floodplain Administrator shall issue a permit placard, which shall be prominently displayed on the premises during the time construction is in progress. This placard shall show the number of the permit, the date of its issuance and be signed by the Floodplain Administrator.
(2) In areas of flood hazard it shall be unlawful to inspect and approve or install a temporary electrical utility connection to any building or premises, or both, or part thereof hereafter created, erected or rebuilt until a permit placard has been issued by the Floodplain Administrator.
(f) Start of Construction. Work on the proposed development shall begin within 180 days after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. 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 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, but is not limited to, the following criteria:
(1) Has the developer 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?
(g) Stop-Work Orders, Inspections and Revocations.
(1) Stop-Work Orders.
A. The Floodplain Administrator, or designated agent, shall issue, or cause to be issued, a "Stop-Work Order Notice" for any development found ongoing without having obtained a permit. Disregard of a stop work order shall subject the violator to the penalties described in Section 1771.08(c).
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 law and/or the conditions of the permit. Disregard of a stop work order shall subject the violator to the penalties described in Section 1771.08(c).
(2) Inspections and Revocations.
A. 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.
B. If 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 false statement or misrepresentation by any applicant, the Floodplain Administrator shall issue a "Stop-Work Order Notice" revoking the permit, and then request a temporary injunction.
C. The Floodplain Administrator or other authorized official may inspect any development covered by this article or previous ordinance to determine whether any portion of the development has been altered to be in non-compliance with the requirements of this article.
(h) Certificate of Compliance. Issuance of the Certificate of Compliance shall be based upon the inspections conducted as prescribed in this article or local administrative procedures, and any finished construction elevation certificate, hydraulic data, flood proofing certificate, or encroachment analyses which may have been required as a condition of permit approval.
(i) Fees.
(1) Refer to the most recently adopted City of Martinsburg Fee Schedule for a current list of all applicable required fees.
(2) The applicant shall be responsible for reimbursing the City of Martinsburg for any additional costs for services necessary for review and/or inspection of proposed development. Services include, but are not limited to, professional engineering and surveying. The Floodplain Administrator may require a deposit towards these additional costs. Additional costs may include reimbursement for contracted services.
(Ord. 2009-06. Passed 5-5-09.)
Next Doc