The Mayor appoints a 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 the city, 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 W. Va. 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 the 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 W. Va. Code 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 a copy of all permits to the County Assessor as required by W. Va. Code 11-3-3A.
(7) The Floodplain Administrator shall provide a copy of all permits for new structures to the County E-911 Addressing Coordinator.
(8) The County E-911 Addressing Coordinator shall provide a copy of all request for addresses for new structures to the County Floodplain Administrator.
(9) The city 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 ordinance.
(C) Application procedures. Application for a permit and/or site plan approval shall be made, in writing, on the forms supplied by the city, and shall include all information stipulated under § 1731.05.
(D) Changes. After the issuance of a permit or site plan approval by the Floodplain Administrator, no changes of any kind shall be made to the application, permit, or any of the plans, specifications, or other documents submitted with the application without the written consent or approval of the Floodplain Administrator.
(E) Permit placards. 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 building permit, the date of its issuance, and be signed 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 the following criteria:
(1) Has the developer diligently pursed the completion of the proposed development during the 18 months; and
(2) Will the granting of the extension be detrimental to public safety, health, or welfare or injurious to other property.
(G) Inspections, stop-work orders, violation notice, and revocations.
(1) Inspections.
(a) Upon learning of a potential violation of the ordinance, the Floodplain Administrator or staff shall investigate to determine whether a violation has occurred.
(b) 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.
(c) The Floodplain Administrator or other authorized official may inspect any development covered by this or previous ordinance to determine whether any portion of the development has been altered to be in non-compliance with the requirements of the ordinance.
(2) Stop work orders. The Floodplain Administrator shall immediately issue, or cause to be issued, a “stop work order” for any development found ongoing without having obtained a floodplain determination or a permit. Disregard of a stop work order shall subject the violator to the penalties described in § 1731.08(C).
(3) Violation notice and revocations.
(a) When it appears after investigation that a permitted development is non-compliant with the provisions of this law and/or the conditions of the permit, the Floodplain Administrator shall notify the violator by means of written violation notice. The violation notice shall specify the nature of the violation and request that the violation be corrected within 15 days from the date appearing on the notice.
(b) Failure to correct the violation within this time period shall be cause for revocation of the permit and the governing body, or authorized employee or agent to:
1. Seek an injunction in the County Circuit Court to restrain the violator from continuing the violation, including, but not limited to, requests for the removal of structures or land uses from the property involved; and
2. Seek a misdemeanor conviction in Magistrate Court or Circuit Court.
(H) Fees. Application for a building permit shall be accompanied by a fee, payable to the city, based upon § 1705.10.
(Prior Code, § 1731.07) Penalty, see § 101.99
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