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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 has been obtained from the Floodplain Administrator. In addition, where land 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 such development.
(Ord. passed 5-4-1992; Ord. passed 2-8-2010) Penalty, see § 156.999
(A) 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.
(B) 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.
(C) 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.
(D) (1) 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 Code.
(2) 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.
(E) The Floodplain Administrator shall require copies of all necessary permits from those governmental agencies from which approval is required by federal or state law.
(F) The Floodplain Administrator shall provide a copy of all permits to the County Assessor as required by W. Va. Code 11-3-3A.
(G) The Floodplain Administrator shall provide a copy of all permits for new structures to the County E-911 Addressing Coordinator.
(H) The County E-911 Addressing Coordinator shall provide a copy of all requests for addresses for new structures to the County Floodplain Administrator.
(I) 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.
(Ord. passed 5-4-1992)
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.
(Ord. passed 5-4-1992; Ord. passed 2-8-2010)
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.
(Ord. passed 5-4-1992; Ord. passed 2-8-2010)
(A) Work on the proposed construction shall begin within 180 days after the date of issuance of the building 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.
(B) When considering an extension, the Floodplain Administrator shall consider the following criteria:
(1) If the developer has diligently pursued the completion of the proposed development during the 18 months; and
(2) If the granting of the extension will be detrimental to public safety, health, or welfare or injurious to other property.
(Ord. passed 5-4-1992; Ord. passed 2-8-2010)
(A) Stop work orders. 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 § 156.999. 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 § 156.999.
(B) Inspections and revocation. 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.
(1) 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 request a temporary injunction.
(2) The Floodplain Administrator or other authorized official may inspect any development covered by this code of ordinances or a previous ordinance to determine whether any portion of the development has been altered to be in non-compliance with the requirements of this chapter.
(Ord. passed 5-4-1992; Ord. passed 2-8-2010) Penalty, see § 156.999
(A) 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 § 156.999.
(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 § 156.999.
(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 § 156.999.
(4) A certificate of compliance shall be issued by the local Floodplain Administrator upon satisfactory completion of all development in areas of special flood hazard.
(5) Issuance of the certificate shall be based upon the inspections conducted as prescribed in this chapter 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.
(B) Fees.
(1) A foodplain determination fee shall be assessed on all proposed development. This shall be a flat fee as established by the city.
(2) Application for a permit for proposed development determined to be occurring in a flood hazard area regulated by this chapter shall be accompanied by an additional fee, payable to the city based upon a set schedule approved by the city using the estimated value of the proposed construction as determined by the Floodplain Administrator.
(3) 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.
(4) (a) Due to the increased cost of processing, 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. The additional fee is intended to partially reimburse the city for the additional cost of processing permits for work already underway.
(b) 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 chapter in the execution of the work or from other penalties prescribed herein.
(Ord. passed 5-4-1992; Ord. passed 2-8-2010)
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