Page 1 e ORDINANCE NO.# 1672 _ * FLOOD DAMAGE PREVENTION ORDINANCE : f Revised 9/86 ARTICLE 1, Statutory Authorization ° : The Legislature of the State of Alabama has in Title 7%, Chapter 52, Sections 1 throuch 84, and Title 41, (statutes) Chapter 9, Section 166, of the Code of Alabama 1975 authorized local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry’, Therefore, the City Council: : 5, Prichard, Alabama (governing body) (local unit) ’ Alabama dees ordain as follows: (state) SECTION B,. Findings of Fact (1) The flood hazard areas of Prichard are subject (local unit) to periodic inundation which results in hazards to pro- perty, health and safety, and may disrupt commerce and governmental services. Also, this inundation can result in extraordinary public expenditures for flood protection and relief and impairment of the tax base which adversely affect the public health, safety and general welfare. (2) These potential flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other properties which are inadequately elevated, flood-proofed or otherwise protected from flood damage. SECTION C. Statement of Purpose It is the purpose of this ordinance to promote the public health, safety, and general welfare and to minimize public’ and private losses due to flood conditions in specific areas by provisions designed to: (1) restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; Page 2 hs (2) (3) (4) (5) SECTION D. Page 2 “require that uses vulnerable to floods, including facilities which Serve Such uses, be protected against flood damage at the time of initial construction; ; control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accomodation of ° flood waters; , control filling, grading, Gredging and other development which may inerease erosion or flood damage, and; Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. QBJECTIVES. The objectives of this ordinance are: (1) (2) (3) (4) (5) (6) (7) ARTICLE 2. to protect human life and health; to minimize expenditure of public money for costly flood control Projects; to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; to minimize prolonged business interruptions; to minimize damage to public facilities and utilities such as water andgas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; to help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas, and; to insure that potential home buyers are notified that Property is in aflood area. DEFINITIONS. Unless specifically defined below, words or phases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. Page 3 Page 3 Addition 5 1 3 1 1 2 415 230 49 24 96.357224 (to 5 1 3 1 1 3 485 237 37 17 96.857819 an 5 1 3 1 1 4 543 233 153 34 96.439735 existing 5 1 3 1 1 5 716 236 189 34 95.245621 building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction. “Appeal” means a request for a review of the f>4 Director a interpretation of any provision of this ordinance or a request for a variance. Area 5 1 7 3 1 2 316 806 38 22 94.217522 of 5 1 7 3 1 3 376 807 134 24 95.545731 shallow 5 1 7 3 1 4 532 809 167 35 95.448174 flooding means a designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Area 5 1 7 4 1 2 309 1128 37 21 94.847984 of 5 1 7 4 1 3 368 1129 132 31 95.862144 special 5 1 7 4 1 4 524 1131 93 24 95.659271 flood 5 1 7 4 1 5 638 1133 132 25 95.329079 hazard is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Base 5 1 8 1 1 2 307 1321 110 25 79.534431 flood means the flood having a one percent chance of being equaled or exceeded in any given year. Basement means that portion of a building having its floor subgrade (below ground level) on all sides. Breakaway 5 1 10 3 1 2 393 1566 96 40 95.873383 wall Means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. Building means any structure built for support, shelter, or enclosure for any occupancy or storage. Development means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials. Elevated 5 1 10 6 1 2 363 2290 171 34 86.668121 building means a non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls; or breakaway walls. Page 4 Page 4 Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; (2) the unusual and vapid accumulation or runoff of surface waters from any source, Plood 5 1 3 1 6 2 343 589 117 33 95.420006 Hazard 5 1 3 1 6 3 481 602 153 32 96.044609 Boundary 5 1 3 1 6 4 653 605 58 31 8.630753 Map_ 5 1 3 1 6 5 739 606 124 26 8.630753 (FHBM) means an official Map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A. Flood 5 1 3 1 10 2 341 856 171 24 89.429176 Insurance 5 1 3 1 10 3 530 855 79 27 95.267303 ‘Rate 5 1 3 1 10 4 628 862 58 31 27.198235 Map 5 1 3 1 10 5 714 862 124 26 27.198235 (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk nn premium zones applicable to the community. Flood 5 1 5 1 1 2 335 1114 171 25 91.407921 Insurance 5 1 5 1 1 3 528 1118 112 32 88.103226 Study is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Floor means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of @ garage used solely for parking vehicles. “Functionally dependent facility" means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture, sales, or service facilities. Highest 5 1 5 6 1 2 348 2402 151 32 96.717911 adjacent 5 1 5 6 1 3 521 2406 112 30 83.437714 grade” 5 1 5 6 1 4 655 2413 95 18 96.043167 means 5 1 5 6 1 5 773 2410 55 22 96.666435 the 5 1 5 6 1 6 849 2411 134 28 96.613815 highest 5 1 5 6 1 7 1004 2415 132 24 96.013901 natural 5 1 5 6 1 8 1159 2418 171 24 95.679703 elevation 5 1 5 6 1 9 1351 2421 38 22 95.679703 of 4 1 5 6 2 0 173 2464 1224 48 -1 5 1 5 6 2 1 173 2464 55 22 96.770424 the 5 1 5 6 2 2 249 2467 114 26 96.085304 ground 5 1 5 6 2 3 386 2469 147 27 96.205986 surface, 5 1 5 6 2 4 558 2471 96 28 96.442780 prior 5 1 5 6 2 5 676 2475 34 20 96.879158 to 5 1 5 6 2 6 733 2476 244 28 96.086555 construction, 5 1 5 6 2 7 1002 2480 76 22 96.153397 next 5 1 5 6 2 8 1100 2482 36 22 96.228691 to 5 1 5 6 2 9 1158 2483 55 23 96.752846 the 5 1 5 6 2 10 1234 2487 163 25 96.087738 proposed. 2 1 6 0 0 0 169 2530 400 29 -1 3 1 6 1 0 0 169 2530 400 29 -1 4 1 6 1 1 0 169 2530 400 29 -1 5 1 6 1 1 1 169 2530 95 23 96.216858 walls 5 1 6 1 1 2 287 2532 37 22 96.231171 of 5 1 6 1 1 3 345 2538 17 17 95.324608 a 5 1 6 1 1 4 385 2535 184 24 95.324608 structure. 2 1 7 0 0 0 3 2780 1678 40 -1 3 1 7 1 0 0 3 2780 1678 40 -1 4 1 7 1 1 0 3 2780 1678 40 -1 5 1 7 1 1 1 3 2780 1678 40 95.000000 Page 5 Page 5 Mean 5 1 2 2 1 2 312 194 55 30 88.515869 Sea 5 1 2 2 1 3 388 203 112 23 96.540962 Level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the flood plain. For purpose of this ordinance, the term is Synonymous with National Geodetic Vertical Datum (NGVD). Manufactured 5 1 2 2 6 2 477 525 93 23 95.941742 home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a - site for 180 consecutive days or longer and intended to be improved property. “National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the flood Plain, New 5 1 2 3 6 2 288 1167 247 24 59.531628 construction means structures for which the"start of construction" commenced on or after the effective date of this ordinance. , Start 5 1 2 3 9 2 323 1358 37 23 96.481857 of 5 1 2 3 9 3 381 1362 248 25 96.084267 construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P. L. 97-348)), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Structure means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid Page 6 ; Page 6 storage tank, or other man-made facilities or infrastructures. Substantial 5 1 2 1 3 2 465 266 226 32 93.807137 improvement means any combination of repairs, reconstruction, alteration, or improvements to a structure, taking place during (the life of a structure) (a five (5) year period), in which the cumulative cost equals or exceeds fifty percent of the market value of the structure. The market value of the structure should be (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. For the purpose of this definition, substantial 4 1 2 1 12 0 200 839 1234 46 -1 5 1 2 1 12 1 200 839 227 30 96.210106 improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions. Variance is a grant of relief from the requirements of this ordinance which permits construction in a Manner otherwise prohibited by this ordinance where specific enforcement would result in unnecessary hardship. ARTICLE 3. GENERAL PROVISIONS. SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES. This ordinance shall apply to all areas of special flood hazard within the jurisdiction of 7 Prichard . local unit) SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECTAT, FLOOD HAZARD. The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood Ins. Study of Prichard, Ala. dated _ August 4, 1980 + with accompanying maps and other supporting data, and any revision thereto, are adopted by reference and declared to be a part of this ordinance. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT. A Development Permit shall be required in conformance with the pro-~ visions of this ordinance prior to the commencement of any develop- ment activities. SECTION D. COMPLIANCE. No structure or land shall hereafter be located, extended, converted Page 7 Page 7 or.structurally altered without full compliance with the terms of this ordinance and other applicable regulations. SECTION E. ABROGATION AND GREATER RESTRICTIONS. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION F. INTERPRETATION. In the interpretation and application of this ordinance all pro- visions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body, and; (3) deemed neither to limit nor repeal any other powers granted under state statutes. SECTION G. WARNING AND DISCLAIMER OF LIABILITY, The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by Man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of Prichard or by any officer or employee thereof for any (local unit) flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION H. PENALTIES FOR VIOLATION. Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $5,000.00 or imprisoned for not more than 180 days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continued shall be considered a separate offense. Nothing herein contained shall prevent the City of Prichard from taking such other lawful action as ocal unit is necessary to prevent or remedy any violation. Page 8 Page 8 ARTICLE 4. ADMINISTRATION. SECTION A. DESIGNATION OF DIRECTOR ‘The director is bereby appointed to administer and implement “(ideal administrator) ~~ the provisions of this ordinance. SECTION B. PERMIT PROCEDURES. Application for a Development Permit shall be made to the director on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (1) Application Stage. (a) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures: (b)’ Elevation in relation to mean sea level to which any non= residential structure will be flood-proofed; (c) Certificate from a registered professional engineer or architect that the non-residential flood-proofed structure will meet the flood=proofing criteria in Article 5, Section B (2); (a) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development, and; (2) Construction Stage. Provide a floor elevation or flood-proofing certification after the lowest floor is completed, or in instances where the structure is subject to the regulations applicable to Coastal High Hazard Areas, after placement of the horizontal structural members of the lowest floor. Upon placement of the lowest floor, or flood-proofing by whatever construction means, or upon placement-of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the director a certification of the elevation of the lowest floor, flo0d-proofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest Page 9 SECTION C, Page 9 floor, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood-proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by. Same. Any work undertaken prior to submission of the certification Shall be at the permit holder's risk. The director shall review the floor elevation Survey data submitted. Deficionsies 5 1 4 1 1 2 389 802 132 25 95.669464 detected 5 1 4 1 1 3 537 805 35 29 96.914223 by 5 1 4 1 1 4 588 807 68 23 96.322868 such 5 1 4 1 1 5 672 808 101 24 96.322868 review 5 1 4 1 1 6 788 810 83 25 84.391327 shall 5 1 4 1 1 7 886 812 35 24 96.979919 be 5 1 4 1 1 8 937 816 148 24 96.456497 corrected 5 1 4 1 1 9 1101 817 34 30 96.571411 by 5 1 4 1 1 10 1151 818 50 24 96.962730 the 5 1 4 1 1 11 1217 820 101 28 96.262070 permit 5 1 4 1 1 12 1333 822 100 24 88.013374 holder 5 1 4 1 1 13 1456 813 7 4 30.478325 — 2 1 5 0 0 0 385 853 1159 246 -1 3 1 5 1 0 0 385 853 1159 246 -1 4 1 5 1 1 0 387 853 1128 74 -1 5 1 5 1 1 1 387 853 183 51 91.573547 immediately 5 1 5 1 1 2 586 872 51 23 96.251099 and 5 1 5 1 1 3 653 873 83 29 96.093666 prior 5 1 5 1 1 4 754 877 32 21 96.549118 to 5 1 5 1 1 5 804 876 115 25 96.620628 further 5 1 5 1 1 6 930 876 187 41 74.412216 Progressive 5 1 5 1 1 7 1127 878 73 49 96.893677 work 5 1 5 1 1 8 1216 885 84 31 96.512390 being 5 1 5 1 1 9 1315 887 151 29 96.052155 permitted 5 1 5 1 1 10 1484 893 31 21 96.883224 to 4 1 5 1 2 0 385 936 1030 42 -1 5 1 5 1 2 1 385 936 130 26 91.922073 Proceed. 5 1 5 1 2 2 551 937 117 25 96.333977 Failure 5 1 5 1 2 3 687 942 31 21 96.137764 to 5 1 5 1 2 4 736 942 99 24 96.217606 submit 5 1 5 1 2 5 852 944 49 24 95.743805 the 5 1 5 1 2 6 918 950 100 26 96.815933 survey 5 1 5 1 2 7 1033 953 32 17 96.267586 or 5 1 5 1 2 8 1083 949 115 25 96.209351 failure 5 1 5 1 2 9 1217 953 32 22 95.978172 to 5 1 5 1 2 10 1264 954 67 23 96.415108 make 5 1 5 1 2 11 1349 954 66 24 96.791321 said 4 1 5 1 3 0 386 1002 1158 48 -1 5 1 5 1 3 1 386 1002 180 25 33.688705 corrections 5 1 5 1 3 2 584 1005 133 29 96.488876 required 5 1 5 1 3 3 733 1007 113 31 96.157158 hereby, 5 1 5 1 3 4 867 1010 81 25 96.038498 shall 5 1 5 1 3 5 965 1012 34 24 96.191338 be 5 1 5 1 3 6 1015 1019 82 19 96.392159 cause 5 1 5 1 3 7 1114 1018 33 21 96.240273 to 5 1 5 1 3 8 1165 1016 82 26 96.860451 issue 5 1 5 1 3 9 1263 1024 18 18 91.090012 a 5 1 5 1 3 10 1297 1022 149 28 92.078194 stop-work 5 1 5 1 3 11 1462 1024 82 24 96.858482 order 4 1 5 1 4 0 385 1066 260 33 -1 5 1 5 1 4 1 385 1066 46 23 96.911018 for 5 1 5 1 4 2 450 1068 48 23 96.818626 the 5 1 5 1 4 3 514 1069 131 30 95.921410 project. 2 1 6 0 0 0 379 1200 1142 72 -1 3 1 6 1 0 0 379 1200 1142 72 -1 4 1 6 1 1 0 379 1200 1142 46 -1 5 1 6 1 1 1 379 1200 99 24 91.161232 DOTIES 5 1 6 1 1 2 493 1202 52 23 95.758316 AND 5 1 6 1 1 3 560 1204 268 26 96.206993 RESPONSIBILITIES 5 1 6 1 1 4 844 1209 35 22 96.206993 OF 5 1 6 1 1 5 894 1210 51 23 95.325211 THE 5 1 6 1 1 6 990 1208 137 24 36.262745 DIRECTOR 5 1 6 1 1 7 1511 1238 10 8 65.069412 . 4 1 6 1 2 0 1176 1250 131 22 -1 5 1 6 1 2 1 1176 1250 131 22 25.535324 .strator 2 1 7 0 0 0 182 1262 1341 50 -1 3 1 7 1 0 0 182 1262 1341 50 -1 4 1 7 1 1 0 182 1262 1341 50 -1 5 1 7 1 1 1 182 1262 100 24 96.465363 Duties 5 1 7 1 1 2 298 1263 34 24 96.418350 of 5 1 7 1 1 3 348 1264 47 24 96.064735 the 5 1 7 1 1 4 470 1265 138 40 96.196198 director 5 1 7 1 1 5 831 1279 4 6 31.605461 ‘ 5 1 7 1 1 6 977 1277 82 25 96.527908 shall 5 1 7 1 1 7 1078 1279 127 30 96.428566 include, 5 1 7 1 1 8 1225 1282 50 25 96.512573 but 5 1 7 1 1 9 1291 1287 51 21 96.387772 not 5 1 7 1 1 10 1357 1285 34 24 96.977440 be 5 1 7 1 1 11 1408 1286 115 26 96.698250 limited 2 1 8 0 0 0 183 1330 157 95 -1 3 1 8 1 0 0 183 1330 157 95 -1 4 1 8 1 1 0 183 1330 46 23 -1 5 1 8 1 1 1 183 1330 46 23 96.379417 tos 4 1 8 1 2 0 303 1397 37 28 -1 5 1 8 1 2 1 303 1397 37 28 94.359840 (1) 2 1 9 0 0 0 300 1530 38 28 -1 3 1 9 1 0 0 300 1530 38 28 -1 4 1 9 1 1 0 300 1530 38 28 -1 5 1 9 1 1 1 300 1530 38 28 96.066902 (2) 2 1 10 0 0 0 296 1796 37 28 -1 3 1 10 1 0 0 296 1796 37 28 -1 4 1 10 1 1 0 296 1796 37 28 -1 5 1 10 1 1 1 296 1796 37 28 96.983673 (3) 2 1 11 0 0 0 292 2062 37 27 -1 3 1 11 1 0 0 292 2062 37 27 -1 4 1 11 1 1 0 292 2062 37 27 -1 5 1 11 1 1 1 292 2062 37 27 95.252960 (4) 2 1 12 0 0 0 289 2259 37 28 -1 3 1 12 1 0 0 289 2259 37 28 -1 4 1 12 1 1 0 289 2259 37 28 -1 5 1 12 1 1 1 289 2259 37 28 70.760284 (5) 2 1 13 0 0 0 286 2459 37 28 -1 3 1 13 1 0 0 286 2459 37 28 -1 4 1 13 1 1 0 286 2459 37 28 -1 5 1 13 1 1 1 286 2459 37 28 96.791016 (6) 2 1 14 0 0 0 645 1305 131 22 -1 3 1 14 1 0 0 645 1305 131 22 -1 4 1 14 1 1 0 645 1305 131 22 -1 5 1 14 1 1 1 645 1305 131 22 44.335732 istrator 2 1 15 0 0 0 357 1398 1167 1241 -1 3 1 15 1 0 0 357 1398 1167 1241 -1 4 1 15 1 1 0 377 1398 1142 49 -1 5 1 15 1 1 1 377 1398 100 25 96.578796 Review 5 1 15 1 1 2 492 1400 50 25 95.934898 all 5 1 15 1 1 3 557 1401 186 32 95.857063 development 5 1 15 1 1 4 757 1406 117 29 96.418495 permits 5 1 15 1 1 5 893 1410 32 23 96.714149 to 5 1 15 1 1 6 941 1415 99 20 96.170540 assure 5 1 15 1 1 7 1058 1412 64 25 96.336098 that 5 1 15 1 1 8 1138 1414 49 24 96.786766 the 5 1 15 1 1 9 1203 1415 103 30 96.152969 permit 5 1 15 1 1 10 1323 1418 196 29 96.715187 requirements 4 1 15 1 2 0 376 1464 626 40 -1 5 1 15 1 2 1 376 1464 32 25 95.000671 of 5 1 15 1 2 2 425 1465 65 25 96.345253 this 5 1 15 1 2 3 507 1467 150 27 96.333626 ordinance 5 1 15 1 2 4 675 1470 66 25 96.732872 have 5 1 15 1 2 5 757 1472 68 25 96.548073 been 5 1 15 1 2 6 842 1475 160 29 96.548073 satisfied; 4 1 15 1 3 0 374 1532 1082 51 -1 5 1 15 1 3 1 374 1532 99 25 96.419952 Advise 5 1 15 1 3 2 487 1534 153 29 96.774658 permittee 5 1 15 1 3 3 657 1537 66 24 95.895645 that 5 1 15 1 3 4 739 1539 166 26 95.330322 additional 5 1 15 1 3 5 923 1542 113 26 96.363609 federal 5 1 15 1 3 6 1053 1550 32 18 96.382759 or 5 1 15 1 3 7 1103 1549 81 22 86.362938 State 5 1 15 1 3 8 1200 1549 119 28 96.105972 permits 5 1 15 1 3 9 1335 1557 51 24 96.612282 may 5 1 15 1 3 10 1401 1553 34 23 87.824806 be 5 1 15 1 3 11 1452 1580 4 3 70.281029 | 4 1 15 1 4 0 375 1599 1090 45 -1 5 1 15 1 4 1 375 1599 143 29 96.399544 required, 5 1 15 1 4 2 537 1602 50 23 96.695740 and 5 1 15 1 4 3 606 1603 32 23 96.604202 if 5 1 15 1 4 4 655 1604 133 29 95.880554 specific 5 1 15 1 4 5 806 1607 114 25 96.428429 federal 5 1 15 1 4 6 936 1614 34 18 96.189423 or 5 1 15 1 4 7 987 1612 81 23 96.799934 state 5 1 15 1 4 8 1083 1613 101 28 95.937469 permit 5 1 15 1 4 9 1201 1615 198 29 96.297180 requirements 5 1 15 1 4 10 1416 1625 49 19 95.919380 are 4 1 15 1 5 0 373 1665 1141 46 -1 5 1 15 1 5 1 373 1665 93 28 94.940201 known, 5 1 15 1 5 2 487 1667 117 29 96.695175 require 5 1 15 1 5 3 621 1669 66 24 96.695175 that 5 1 15 1 5 4 703 1671 101 29 96.392128 copies 5 1 15 1 5 5 820 1673 33 24 96.570251 of 5 1 15 1 5 6 870 1675 66 23 96.870544 such 5 1 15 1 5 7 950 1676 116 28 84.393456 Permits 5 1 15 1 5 8 1083 1678 33 23 96.304039 be 5 1 15 1 5 9 1131 1680 135 28 96.304039 provided 5 1 15 1 5 10 1283 1683 50 23 96.525932 and 5 1 15 1 5 11 1348 1684 166 27 94.227600 maintained 4 1 15 1 6 0 371 1731 593 38 -1 5 1 15 1 6 1 371 1736 32 19 95.004181 on 5 1 15 1 6 2 420 1731 65 26 94.682686 file 5 1 15 1 6 3 501 1734 68 24 95.925011 with 5 1 15 1 6 4 587 1736 48 23 96.066734 the 5 1 15 1 6 5 651 1736 186 31 95.921600 development 5 1 15 1 6 6 851 1740 113 29 94.453751 permit. 4 1 15 1 7 0 370 1798 1126 42 -1 5 1 15 1 7 1 370 1798 99 30 96.515396 Notify 5 1 15 1 7 2 484 1800 135 29 93.226120 adjacent 5 1 15 1 7 3 635 1803 183 26 91.931236 commmities 5 1 15 1 7 4 834 1806 50 24 96.435341 and 5 1 15 1 7 5 901 1807 47 24 95.399879 the 5 1 15 1 7 6 984 1810 133 24 95.399879 National 5 1 15 1 7 7 1134 1810 86 25 96.577255 Flood 5 1 15 1 7 8 1235 1813 150 24 73.781448 Insurance 5 1 15 1 7 9 1399 1813 97 27 75.667648 Assoc, 4 1 15 1 8 0 997 1843 414 34 -1 5 1 15 1 8 1 997 1843 81 22 79.128357 State 5 1 15 1 8 2 1096 1848 64 17 94.302116 coor 5 1 15 1 8 3 1230 1848 66 27 76.846275 ting 5 1 15 1 8 4 1313 1853 98 24 85.220688 agency 4 1 15 1 9 0 367 1864 1094 44 -1 5 1 15 1 9 1 367 1864 82 29 77.037621 Prior 5 1 15 1 9 2 467 1868 32 22 96.418243 to 5 1 15 1 9 3 516 1872 50 25 96.173225 any 5 1 15 1 9 4 582 1868 167 25 96.661285 alteration 5 1 15 1 9 5 766 1877 33 18 96.889030 or 5 1 15 1 9 6 817 1873 165 24 96.451126 relocation 5 1 15 1 9 7 998 1875 33 23 95.953957 of 5 1 15 1 9 8 1046 1881 18 18 96.946838 a 5 1 15 1 9 9 1079 1879 197 29 96.365074 watercourse, 5 1 15 1 9 10 1296 1882 49 23 96.511971 and 5 1 15 1 9 11 1362 1883 99 25 95.968559 submit 4 1 15 1 10 0 367 1931 1077 47 -1 5 1 15 1 10 1 367 1931 131 25 96.085793 evidence 5 1 15 1 10 2 514 1934 34 23 96.726967 of 5 1 15 1 10 3 565 1936 67 23 96.620369 such 5 1 15 1 10 4 648 1936 200 26 96.408775 notification 5 1 15 1 10 5 865 1942 32 21 95.375366 to 5 1 15 1 10 6 916 1940 47 24 95.375366 the 5 1 15 1 10 7 980 1941 114 26 96.574112 Federal 5 1 15 1 10 8 1111 1945 152 31 96.298454 Emergency 5 1 15 1 10 9 1277 1949 167 29 85.741737 Management 4 1 15 1 11 0 365 1998 112 29 -1 5 1 15 1 11 1 365 1998 112 29 87.370522 Agency. 4 1 15 1 12 0 364 2043 1110 66 -1 5 1 15 1 12 1 364 2062 97 26 95.954697 Assure 5 1 15 1 12 2 480 2065 65 24 96.086983 that 5 1 15 1 12 3 560 2066 186 27 96.307739 maintenance 5 1 15 1 12 4 764 2070 31 23 96.784729 is 5 1 15 1 12 5 810 2043 134 63 96.776024 provided 5 1 15 1 12 6 960 2073 100 25 96.722488 within 5 1 15 1 12 7 1077 2076 47 23 96.500870 the 5 1 15 1 12 8 1141 2077 118 25 96.041466 altered 5 1 15 1 12 9 1275 2085 32 18 96.041466 or 5 1 15 1 12 10 1325 2082 149 27 96.435333 relocated 4 1 15 1 13 0 363 2130 1161 49 -1 5 1 15 1 13 1 363 2130 116 29 95.665703 portion 5 1 15 1 13 2 494 2132 34 24 95.273560 of 5 1 15 1 13 3 545 2132 66 25 96.434875 said 5 1 15 1 13 4 627 2137 184 23 84.699799 watercourse 5 1 15 1 13 5 829 2143 32 19 96.900917 so 5 1 15 1 13 6 879 2139 64 24 96.699562 that 5 1 15 1 13 7 961 2140 48 24 96.699562 the 5 1 15 1 13 8 1027 2141 230 34 88.749611 flood-carrying 5 1 15 1 13 9 1274 2148 134 31 96.508965 capacity 5 1 15 1 13 10 1425 2150 30 25 96.319260 is 5 1 15 1 13 11 1472 2155 52 22 96.896637 not 4 1 15 1 14 0 361 2260 1152 51 -1 5 1 15 1 14 1 361 2260 98 31 94.119698 Verify 5 1 15 1 14 2 475 2262 50 24 96.666840 and 5 1 15 1 14 3 543 2264 99 23 96.811211 record 5 1 15 1 14 4 659 2265 48 24 97.002747 the 5 1 15 1 14 5 724 2268 100 24 96.820763 actual 5 1 15 1 14 6 841 2269 149 25 96.012230 elevation 5 1 15 1 14 7 1013 2271 43 28 96.260017 (in 5 1 15 1 14 8 1073 2274 132 25 96.591438 relation 5 1 15 1 14 9 1223 2278 31 22 96.913368 to 5 1 15 1 14 10 1269 2283 69 19 95.412231 mean 5 1 15 1 14 11 1354 2285 50 20 95.708168 sea 5 1 15 1 14 12 1420 2282 93 29 96.153641 level) 4 1 15 1 15 0 361 2327 1124 56 -1 5 1 15 1 15 1 361 2327 30 23 68.558273 of 5 1 15 1 15 2 408 2328 49 24 96.165855 the 5 1 15 1 15 3 475 2329 99 24 95.914787 lowest 5 1 15 1 15 4 591 2331 81 24 96.732658 floor 5 1 15 1 15 5 697 2332 160 33 95.886696 (including 5 1 15 1 15 6 873 2337 143 28 96.240036 basement) 5 1 15 1 15 7 1039 2339 32 24 97.010445 of 5 1 15 1 15 8 1086 2341 50 24 95.504257 all 5 1 15 1 15 9 1154 2348 51 18 95.670120 new 5 1 15 1 15 10 1220 2348 33 19 96.962578 or 5 1 15 1 15 11 1271 2340 214 43 95.886971 substantially 4 1 15 1 16 0 362 2393 1067 48 -1 5 1 15 1 16 1 362 2393 127 31 94.427063 improved 5 1 15 1 16 2 506 2400 180 27 96.761307 structures, 5 1 15 1 16 3 707 2395 32 29 96.761307 in 5 1 15 1 16 4 755 2403 167 23 96.453819 accordance 5 1 15 1 16 5 938 2403 66 24 96.758812 with 5 1 15 1 16 6 1019 2406 116 26 68.108597 article 5 1 15 1 16 7 1153 2410 29 27 96.815163 4, 5 1 15 1 16 8 1202 2410 116 24 91.531105 Section 5 1 15 1 16 9 1334 2413 17 22 91.531105 B 5 1 15 1 16 10 1374 2414 55 27 95.024162 (2). 4 1 15 1 17 0 357 2461 1151 48 -1 5 1 15 1 17 1 357 2461 98 31 95.365494 Verify 5 1 15 1 17 2 471 2464 50 23 96.140785 and 5 1 15 1 17 3 539 2465 99 23 96.532387 record 5 1 15 1 17 4 656 2466 48 23 96.338417 the 5 1 15 1 17 5 721 2468 100 24 96.338417 actual 5 1 15 1 17 6 838 2469 149 25 95.934311 elevation 5 1 15 1 17 7 1009 2471 43 28 96.892662 (in 5 1 15 1 17 8 1069 2473 133 27 96.379295 relation 5 1 15 1 17 9 1219 2479 32 22 96.106171 to 5 1 15 1 17 10 1266 2483 68 18 96.985641 mean 5 1 15 1 17 11 1350 2484 48 19 80.676041 sea 5 1 15 1 17 12 1415 2480 93 29 96.645721 level) 4 1 15 1 18 0 359 2529 1040 41 -1 5 1 15 1 18 1 359 2530 28 21 96.192589 to 5 1 15 1 18 2 404 2529 83 24 95.758797 which 5 1 15 1 18 3 504 2531 49 23 96.471771 the 5 1 15 1 18 4 570 2537 52 17 95.819908 new 5 1 15 1 18 5 637 2537 32 18 95.947464 or 5 1 15 1 18 6 688 2534 216 32 96.434624 substantially 5 1 15 1 18 7 921 2536 129 30 96.348457 improved 5 1 15 1 18 8 1068 2542 166 25 94.340889 structures 5 1 15 1 18 9 1250 2544 66 25 96.709023 have 5 1 15 1 18 10 1332 2546 67 24 96.505241 been 4 1 15 1 19 0 357 2595 970 44 -1 5 1 15 1 19 1 357 2595 226 30 66.794403 flood-proofed, 5 1 15 1 19 2 604 2598 32 23 96.724091 in 5 1 15 1 19 3 652 2601 167 24 96.581520 accordance 5 1 15 1 19 4 835 2603 66 24 96.048218 with 5 1 15 1 19 5 918 2603 116 25 95.989235 Article 5 1 15 1 19 6 1050 2606 28 27 96.530396 4, 5 1 15 1 19 7 1098 2608 118 25 96.698593 Section 5 1 15 1 19 8 1232 2612 17 22 92.642693 B 5 1 15 1 19 9 1272 2612 55 27 94.286026 (2). Page 10 (7) (8) (9) (10) SECTION D. (1) (2) Page 10 When flood-proofing is utilized for a particular structure, the director shall obtain (local administrator) certification from a registered professional engineer or architect, in accordance with Article 5, Section B(2). Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the director . shall make the (local administrator) necessary interpretation. The person contesting the : location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article. , When base flood elevation data or floodway data have not been provided in accordance with Article 3, Section B, director then the shall obtain, . “(local administrator) review and reasonable utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer the provisions of Article 5. All records pertaining to the provisions of this ordinance shall be maintained in the office of the director and shall be open for ( Local administrator) public inspection. VARIANCE PROCEDURES The Variance Board as established by City of Prichard . (Appeal Board) (Local Variance Board shall hear and decide . unié) appeals and requests for variances from the require- ments of this ordinance. The _ Variance Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, director or determination made by the (local administrator) in the enforcement. or administration of this ordinance. Page 11 (3) (4) (5) ,OF any taxpayer may appeal such decision to the Page 11 Any person aggrieved by the decision of the Vatiance Board Circuit Court + @8 provided in (name Of the appropriate court) LLaw . ~~ (statutey Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the Procedures set forth in the remainder of this section, except for Article 4,Section D. (8) (a) and (@), and provided the Proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical designation. In passing upon such applications, the Variance Board Shall consider all technical evaluations, all relevant factors, all Standards specified in other sections of this ordinance, and: (a) the danger that materials may be swept onto other lands to the injury of others; ; (b) the danger to life and Property due to flooding or erosion’ damage; (c) the susceptibility of the Proposed facility and its contents to flood damage and the effect of such damage on the individual nner > (@) the importance of the services Provided by the proposed facility to the community; (e) the necessity of the facility to a waterfront location, in the case of a functionally dependent facility; (£) the availability of alternative locations, not sutject to flooding or erosion damage, for the proposed use; (9) the compatability of the Proposed use with existing and anticipated development; (b) the relationship of the Proposed use to the comprehensive plan and floodplain management Program for that area; (i) . the safety of access to the property in times of flood for ordinary and emergency vehicles; (j) the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site, and; Page 12 Page 12 (k) the costs of providing governmental services during and after flood conditions including maintenance and repair of public ‘utilities and facilities such as sewer, gas, electrical, and. water Systems, and streets and bridges. (6) Upon consideration of the factors listed above, and the purposes of this ordinance, the Variance Board May attach such conditions to the granting of variances as it deems necessary to further the Purposes of this ordinance, (7) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (8) Conditions for Variances: : (a) Variances shall only be issued upon a determination that the variance is the minimm necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, @ determination that the variance is the minima necessary so as not to destroy the historic character and design of the building; (b) Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship, and; (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to Public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. ; (c) Any applicant to whom a variance is granted shall be given written notice Specifying the difference between the base Llood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk Fesulting from the reduced lowest floor elevation. (a4) The director shall maintain the records of “(local aaministrator) all appeal actions and Feport any variances to the Federal Emergency Management Agency upon request, ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION. EE END REDUCTION, Page 13 SECTION A. Page 13 GENERAL STANDARDS, In all areas of special flood hazard the following provisions are required: (1) (2) (3) (4) ©) New construction and substantial improvements shall be anchored to Prevent flotation, collapse or lateral movement of the structure; Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This Standard shall be in addition to and consistent with applicable state requirements for resisting wind forces. New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; . New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; Electrical, heating, ventilation, Plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during Conditions of flooding. (6) (7) (8) (9) SECTION B. New and replacement water Supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; New and replacement Sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systens into flood waters; Onesite waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during Dlooding, and; Any alteration, repair, reconstruction or improvements to a structure which is in compliance with the provisions of this ordinance, shall meet the requirements of new 5 1 17 4 3 6 875 2009 213 25 86.323792 construction as contained in this ordinance. SPECIFIC STANDARDS. in all areas of special flood hazard where base flood elevation data have been provided, as set forth in Article 3, Section B, or Article 4, Section C (11), the following provisions are required: (1) Residential Construction. New construction or Substantial improvement —aceeat Sonstruction. of any residential structure shall have the lowest floor, including Page 14 (2) (3) Page 14 basement, elevated no lower than ((O_ feet) above the base flood elevation. Should solid foundation Perimeter walls be used to elevate 4 structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Article 5, Section B (3). ; Non-Residential Construction. New construction or substantial improvement of any commercial, industrial, or non-residential Structure shall have the lowest floor, including basement, elevated no lower than (9 feet) above the level of the base flood elevation. Structures located in all A-zones may be flood-proofed in lieu of being elevated provided that all areas of the structure below the required elevation are water tight with walls substantially impermeable to the Passage of water, and use structural Components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are Satisfied. Such certification shall be provided to the official as set forth in Article 4, Section B (3). Elevated Buildings. New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished Living Space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. (a) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimm criteria: (i) Provide a minimm of two Openings having a total net area of not less than one square inch for every Square foot of enclosed area subject to flooding; (ii) The bottom of all Openings shall be no higher than one foot above grade; and, (iii) Openings may be equipped with screens, louvers, valves or Other coverings or devices Provided they permit the automatic flow of floodwaters in both direction. (b) Electrical, plumbing, and other utility connections are prohibited below the base flood elevation; Page 15 (4) Page 15 (c) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the Premises (standard exterior:door) or entry to the living area (stairways or elevator); and (d) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. Floodways. Located within areas of special flood hazard established in Article 3, Section B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and has erosion potential, the following provisions shall apply: . (a) Prohibit encroachments, including fill, new construc~ tion, substantial improvements and other develop- ments unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroach- ments shall not result in any increase in flood levels during occurrence of the base flood discharge; {b) If Article 5, Section B(4) (a) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduc- tion provisions of Article 5, (c) Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured homes (mobile homes) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or sub- division provided the anchoring standards of Article 5, Section A(2), and the elevation standards of Article 5, Section B(1) are met. Page 16 Page 16 SECTION C. STANDARDS FOR STREAMS WITHOUT ESTABLISHED .BASE FLOOD ELEVATIONS AND/OR FLOODWAYS. ee LR EOD WATS Located within the areas of special £lood hazard established in Article 3, Section B, when small streams exist but where no base flood data have been provided or where no floodways have been provided, the following provisions apply: (1) No encroachments, including fill material or structures shall be located within a distance of the stream bank equal to , Five (5) times the width of the stream at the top of bank or twenty feet each side from top of bank, whichever is greater, unless certification by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) New construction or substantial improvements of structures shall be elevated or flood-proofed to elevations established in accordance with Article 4, Section C (11). SECTION D. STANDARDS FOR SUBDIVISION PROPOSALS. (1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) ALL subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; (3) All. subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards, and; (4) Base flood elevation data shall be provided for subdivision proposals and other Proposed development (including manufactured home parks and subdivisions) which is greater than the lesser of fifty lots or five acres. SECTION E. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES) Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet (1' - 3') where a clearly defined Page 17 ad % ; Page 17 channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: ' . (1) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated, at least two (2) feat above the highest adjacent grade. . (2) All new construction and substantial improvements of . non-residential structures shall: (a) have the lowest floor; including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement shall be elevated at least two (2) feet above the highest adjacent grade, or; (b) together with attendant utility and sanitary facilities be completely flood-proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Adopted this the 18th day of August, 1987. “ MAYOR JOHN H. SMITH ATTEST: La, Been EVA C. GREENER, CITY CLERK~TREASURER i, Eva C. Greene, City Clerk-Treasurer of the City of Prichard, Alabama, do hereby certify that this Ordinance is a true and correct copy adopted by the Council on 18th day of August, 1987, and are on file, in the City Clerk's Office of the City of Prichard, Alabama. Eva C. Greene, City Clerk-Treasurer City of Prichard, Alabama PLEASE PUBLISH: sp 1987