1771.10 SEVERABILITY AND MUNICIPAL LIABILITY.
   (a)   Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this article shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this article which shall remain in full force and effect and for this purpose the provisions of this article are hereby declared to be severable.
   (b)   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 City of Martinsburg, or by any official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the City of Martinsburg. All applicants proposing development in or near a flood hazard area are urged to locate development as far away from, and as high above, all flooding sources as possible.
(Ord. 2009-06. Passed 5-5-09.)