The Building Codes Official 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, new construction, substantial improvement, repair of substantial damage, placement or relocation of any structure, including manufactured homes, within city unless a permit application and standard site plan has been completed and submitted, 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 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 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 chapter.
(C) Application procedures. Application for a permit and/or site plan approvals shall be made, in writing, on the forms supplied by the city, and shall include all information stipulated under § 153.05.
(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, specification 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 permit, the date of its issuance and be signed by the Floodplain Administrator.
(F) Start of construction. Work on the proposed construction shall begin within six months 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 construction must be completed within 12 months of permit issuance, at which time the permit shall expire, unless a time extension is granted in writing by the Floodplain Administrator.
(G) 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 permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 153.99.
(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 § 153.99.
(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”, revoke the permit and notify the Chief Elected Official.
(c) The Floodplain Administrator or other authorized official may inspect any development covered by this chapter or previous ordinance to determine whether any portion of the development has been altered to be in non-compliance with the requirements of this chapter. The Chief Elected Official shall be notified of any development found to be out of compliance with this chapter.
(H) Certificate of compliance.
(1) In areas of flood hazard, it shall be unlawful to occupy, or to permit the use or 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 Local Floodplain Administrator stating that the building or land conforms to the requirements of this local law. Occupying or using a building or premises in violation of this section shall subject the violator to the penalties described in § 153.99.
(2) In areas of flood hazard, 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 inspector is in possession of a copy of the certificate of compliance issued by the Local Floodplain Administrator stating that the particular development being inspected conforms to the requirements of this local law. Inspection and approval of utilities in violation of this section shall subject the violator to the penalties described in § 153.99.
(3) In areas of flood hazard 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 Local Floodplain Administrator stating that the development conforms to the requirements of this local law. Installation of utilities in violation of this section shall subject the violator to the penalties described in § 153.99.
(4) A certificate of compliance shall be issued when the Floodplain Administrator is satisfied that all development in areas of special flood hazard will comply with the requirements of this chapter.
(5) Issuance of the certificate shall be based upon the inspections conducted as prescribed in this chapter or local administrative procedures, and upon receipt of finished construction elevation certificate, hydraulic data, flood-proofing certificate or encroachment analyses required as a condition of permit approval.
(I) Fees.
(1) A floodplain determination fee as set by the City Council, payable to the city, shall be assessed on all proposed development.
(2) A fee of $10, payable to the city, shall be charged for completion of a special flood hazard determination form for real estate, loan or insurance purposes.
(3) Application for a permit for proposed development determined to be occurring in a flood hazard area regulated by this chapter shall be accompanied by a fee, payable to the city, based upon the estimated value of the proposed construction as determined by the Floodplain Administrator at the following rates:
Type of Development | Fee |
Accessory structures | As set by the City Council |
Floodway development reviews (additional fee) | As set by the City Council |
One- and two-family dwelling | As set by the City Council |
Site plans, grading and filling (additional fee) | As set by the City Council |
Any other structures | As set by the City Council |
(4) In addition, the applicant shall be responsible for reimbursing the city 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.
(5) When any work for which a permit is required by this chapter is started or proceeded with prior to obtaining a permit, the fees above specified shall be doubled. Payment of the doubled fee shall not relieve any person from complying fully with the requirements of this chapter in the execution of the work or from other penalties prescribed herein.
(Prior Code, § 1733.07) (Ord. 07-05, passed 12-18-2007) Penalty, see § 153.99