Draft City Council Agenda packet February 16, 2021
AGENDA
PRATTVILLE CITY COUNCIL TUESDAY, FEBRUARY 16, 2021 6:00 P.M. A PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG:
INVOCATION: ROLL CALL:
CALL TO ORDER:
THE CHARACTER TRAIT OF THE MONTH IS CAUTIOUSNESS: Taking the time to ensure
the right decision is made or action is taken.
APPROVAL OF MINUTES: City Council Meeting February 2, 2021
COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: MAYOR’S REPORT:
REPORT FROM COUNCIL ON SPECIAL COMMITTEES: REPORT ON THE STATUS OF CITY FINANCES: CONSENT AGENDA:
1. RESOLUTION: To Declare FAAC Inc., d/b/a MILO Range Training Systems, a Non-Responsible Bidder for Bid No. 021-001 for a Law Enforcement Weapons Simulator. (Sponsored By: Council President Starnes)
2. RESOLUTION: To Declare Various Weeded Lots to be a Public Nuisance, Order Their
Abatement and Set a Public Hearing per Title 11, Chapter 67 of the Code of Alabama, 1975, as Amended. (Sponsored By: Council President Starnes) AGENDA:
1. RESOLUTION: To Enter into an Agreement with Civil Southeast, LLC for Engineering Design Services for the Public Works Facility Design, Phase II Project for the Public Works Department at a Cost Not to Exceed $48,000.00. (Sponsored By: Council President Pro Tempore Boone)
2. RESOLUTION: To Release Funds for the Purchase of One (1) 2021 Ford F250 Super Cab Truck through the State Bid List from Stivers Ford Lincoln for the Parks and Recreation Department at a Net Cost Not to Exceed $29,258.00. (Sponsored By: Councilor Strichik)
3. RESOLUTION: To Release Funds for the Purchase of One (1) 2021 Kenworth T370 22-
Yard Automated Side Arm Truck through the Sourcewell Purchasing Cooperative from Ingram Equipment Company, LLC. for the Sanitation Division at a Net Cost Not to Exceed $242,074.00. (Sponsored By: Councilor Chambers)
4. RESOLUTION: To Release Funds for the Purchase of One (1) Curbtender Tomcat 6-Yard
Side Loader through the Sourcewell Purchasing Cooperative from Ingram Equipment Company, LLC for the Sanitation Division at a Net Cost Not to Exceed $145,469.00. (Sponsored By: Councilor Chambers)
5. RESOLUTION: To Release Funds for the Purchase of One (1) 2022 Kenworth T370 Pac-
Mac Boom Truck through the Sourcewell Purchasing Cooperative from Kenworth of Birmingham, Inc. for the Sanitation Division at a Net Cost Not to Exceed $211,518.00. (Sponsored By: Councilor Chambers)
6. RESOLUTION: To Award Bid No. 021-001 to InVeris Training Solutions, Inc. for the
Purchase of One (1) Law Enforcement Weapons Simulator for the Police Department at a Cost
of $124,353.17. (Sponsored By: Council President Starnes) 7. RESOLUTION: To Release Funds for the Purchase of Surveillance Equipment for the Investigative/Narcotics Division at a Cost Not to Exceed $6,229.00. (Sponsored By: Council
President Starnes) 8. RESOLUTION: To Release Funds for the Purchase of One (1) Barracuda CloudGen Firewall Appliance F600 Through GSA from Viperline Solutions Inc. for the Information Technology Department at a Net Cost Not to Exceed $19,551.17. (Sponsored By: Council President Pro
Tempore Boone) 9. RESOLUTION: To Authorize Demolition of the Dilapidated Structure Located at 1212 Josephine Court (Tax Parcel 19 05 15 1 001 023.000) and to Award a Contract to Stoudemire Construction to Complete Demolition at a Cost Not to Exceed $6,000.00 (Citizen Serve File
#20-001336). (Sponsored By: Councilor Strichik) 10. ORDINANCE: To Amend City of Prattville Code of Ordinances, Part II-Land Development Ordinances, Chapter 109-Flood, Article II.-Flood Damage Prevention. (Sponsored By: Council President Starnes)
COMMENTS FROM PERSONS PRESENT: CLOSING COMMENTS:
ADJOURN
The next City Council meeting is scheduled for Tuesday, March 2, 2021 at 6 p.m.
RESOLUTION 1
2
[To Declare FAAC Inc. a Non-Responsible Bidder for Bid No. 021-001 for Law Enforcement 3 Weapons Simulator.] 4 5 {Sponsored By: Council President Starnes} 6
7
WHEREAS, bids were let for Bid No. 021-001 for a Law Enforcement Weapons 8 9 Simulator, pursuant to the general competitive bid law, Sections 41-16-50 et seq., Code of 10 11
Alabama, 1975, as amended; and 12
13 WHEREAS, two (2) sealed bids were received, opened and read in public on 14 15 February 2, 2021 at 10:00 a.m.; and 16
17
WHEREAS, the Police Chief and City Attorney recommend that the bid received from 18 19 FAAC Inc. d/b/a MILO Range Training Systems be rejected due to exceptions taken with the 20 21
following bid specifications: 22 23
• Note # 4: Recoil kit for firearms training. 24
• Note # 5: Instructor initiated weapon malfunctions. 25
• Note # 6: Recoil created by compressed, breathable air. 26 27
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville 28 29 that the bid received from FAAC Inc. on Bid No. 021-001 is hereby rejected. 30 31
ADOPTED THIS 16TH DAY OF FEBRUARY, 2021. 32
33 34 ______________________________ 35 By: Gerald “Jerry” Starnes, President 36
Prattville City Council 37
38 AUTHENTICATED 16TH DAY OF FEBRUARY, 2021. 39 40 41
______________________________ 42
By: Lisa Terrill 43 City Clerk 44 45 APPROVED: 46
47
48 ______________________________ 49 By: Bill Gillespie, Jr. 50 Mayor 51
52 53 54 55 56
57 58 59 60 61
62 63 RESOLUTION BOOK 2021, PAGE __ 64
RESOLUTION 1
2
[To Declare Various Weeded Lots to be a Public Nuisance, Order Their Abatement and Set a 3 Public Hearing per Title 11, Chapter 67 of the Code of Alabama, 1975, as Amended.] 4 5 {Sponsored By: Councilor Starnes} 6
7 WHEREAS, an abundance of overgrown grass or weeds: 8 9 1. is injurious to the public health, safety and general welfare by providing a breeding 10 ground and shelter for rats, mice, snakes and mosquitoes and other vermin; 11
2. may cause the further spread of weeds; 12
3. may hide debris, such as glass or metal, that could inflict injury on a person going to 13 such property; and 14 4. may also pose a fire hazard and respiratory hazard; and 15 16
WHEREAS, §11-67-1 et Seq., of the Code of Alabama, 1975, as amended, permits 17
18 the City Council of the City of Prattville to declare an abundance of overgrown grass and 19 20 weeds to be a public nuisance; and 21
22 WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 23 24 the properties at the following addresses and determined the existence of an abundance of 25 26
overgrown grass and weeds: 27 28
• 609 Allenville Road - Allen, Anthony c/o Walter Dolan, 609 Allenville Road, Prattville AL 36067 29
(19-03-07-4-001-011.000) 30
NOW, THEREFORE, BE IT RESOLVED that: 31
32 1. the City Council of the City of Prattville declares the abundance of overgrown grass 33 and weeds at the above listed address to be a public nuisance; and 34 2. the owners of said property, as they appear in the records of the Autauga County or 35
Elmore County Revenue Commissioners, are ordered to abate the abundance of 36
overgrown grass and weeds; and 37 3. the owners of said property are ordered to appear before the City Council of the City of 38 Prattville at a public hearing at 6:00 p.m. on March 16, 2021, in Prattville City Hall. 39 Notice of such hearing shall be sent by certified mail to owners of said property. 40
41 ADOPTED THIS 16TH DAY OF FEBRUARY, 2021. 42 43 44 ______________________________ 45
By: Gerald “Jerry” Starnes, President 46
Prattville City Council 47 48 AUTHENTICATED 16TH DAY OF FEBRUARY, 2021. 49 50
51 ______________________________ 52 By: Lisa Terrill 53 City Clerk 54 55
APPROVED: 56 57 58 ______________________________ 59 By: Bill Gillespie, Jr. 60
Mayor 61 62 RESOLUTION BOOK 2021, PAGE ___ 63
RESOLUTION 1
2
[To Enter into an Agreement with Civil Southeast, LLC, for Engineering Design Services for 3 the Public Works Facility Design, Phase II Project for the Public Works Department at a Cost 4 Not to Exceed $48,000.00.] 5 6
{Sponsored By: Council President Pro Tempore Boone} 7
8 WHEREAS, the City of Prattville has a need for engineering design services for 9 10 the Public Works Facility Design, Phase II Project; and 11
12 WHEREAS, said engineering services are available from Civil Southeast, LLC, at a 13 14 cost not to exceed $48,000.00; and 15 16
WHEREAS, the Finance Director identified a certain sum of surplus funds available 17
18 to departments that came in under budget in prior fiscal years; and 19 20 WHEREAS, a portion of the Public Works Division’s allocation of said surplus funds will 21
22 be used for the payment of said engineering services; and 23 24 WHEREAS, §41-16-51(a)(3) Code of Alabama, 1975, as amended, allows contracts to 25 26
secure services with engineers possessing a high degree of professional skill to be let without 27 28 competitive bidding. 29 30 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville 31
32 that the Mayor is authorized to enter into an Agreement with Civil Southeast, LLC, for said 33 34 engineering services. 35 36
BE IT FURTHER RESOLVED that funds in an amount not to exceed $48,000.00 are 37 38 hereby authorized and approved to be paid to Civil Southeast, LLC, for said engineering 39 40 services, and said funds are hereby approved and appropriated from the FY2021 Budget 41
42 Line Item Public Works/Capital Outlay. 43 44 ADOPTED THIS 16TH DAY OF FEBRUARY, 2021. 45 46
47 ______________________________ 48 By: Gerald “Jerry” Starnes, President 49 Prattville City Council 50 51 AUTHENTICATED 16TH DAY OF FEBRUARY, 2021. 52 53 ______________________________ 54 By: Lisa Terrill 55
City Clerk 56 57 APPROVED: 58 59 60
______________________________ 61
By: Bill Gillespie, Jr. 62 Mayor 63 RESOLUTION BOOK 2021, PAGE ___ 64
RESOLUTION 1
2
[To Release Funds for the Purchase of One (1) 2021 Ford F250 Super Cab Truck through 3 the State Bid List from Stivers Ford Lincoln for the Parks and Recreation Department at a Net 4 Cost Not to Exceed $29,258.00.] 5 6
{Sponsored By: Councilor Strichik} 7
8 WHEREAS, there is a need for one (1) 2021 Ford F250 Super Cab 4x4 Model 9 10 X2B truck in the Parks & Recreation Department; and 11
12
WHEREAS, said truck is available through the State Bid List, Contract Number 13 14 MA999 210000000075 (T191A), from Stivers Ford Lincoln at a cost not to exceed 15 16
$29,258.00. 17
18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 19 20 Prattville that funds in an amount not to exceed $29,258.00 for the purchase of said 2021 21
22 Ford F250 Super Cab Truck are hereby authorized to be paid to Stivers Ford Lincoln, 23 24 and said funds are approved and appropriated from FY2021 Budget Line Item Parks and 25 26
Recreation/Capital Outlay. 27 28 ADOPTED THIS 16TH DAY OF FEBRUARY, 2021. 29 30 31
______________________________ 32
By: Gerald “Jerry” Starnes, President 33 Prattville City Council 34 35 AUTHENTICATED 16TH DAY OF FEBRUARY, 2021. 36
37
38 ______________________________ 39 By: Lisa Terrill 40 City Clerk 41
42 APPROVED: 43 44 45 ______________________________ 46
By: Bill Gillespie, Jr. 47
Mayor 48 49 50 51 52 53 54 55
56 57 58 59 60
61 62 63 RESOLUTION BOOK 2021, PAGE ____ 64
RESOLUTION 1
2
[To Release Funds for the Purchase of One (1) 2021 Kenworth T370 22-Yard Automated Side 3 Arm Truck through the Sourcewell Purchasing Cooperative from Ingram Equipment Company, 4 LLC, for the Sanitation Division at a Net Cost Not to Exceed $242,074.00] 5 6
{Sponsored By: Councilor Chambers} 7
8 WHEREAS, there is a need for one (1) 2021 Kenworth T370 22-yard automated 9 10 side arm truck in the Public Works Department/Sanitation Division; and 11
12
WHEREAS, said truck is available through the Sourcewell Purchasing Cooperative, 13 14 Contract Number 091219-THC, from Ingram Equipment Company, LLC, at a cost not to 15 16
exceed $242,074.00; and 17
18 WHEREAS, there is an extended production lead time associated with said 19 20 vehicle; and 21
22 WHEREAS, the Finance Director recommends financing a portion of this purchase 23 24 once the vehicle is assembled and ready for delivery. 25 26
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 27 28 funds in an amount not to exceed $242,074.00 for the purchase of said side arm truck is 29 30 hereby authorized to be paid to Ingram Equipment Company, LLC, and said funds are 31
32 approved and appropriated from FY2021 Budget Line Item Sanitation Enterprise Fund/Capital 33 34 Outlay. 35 36
BE IT FURTHER RESOLVED by the City Council of the City of Prattville that the 37 38 Finance Director will provide the City Council with a recommended financing option and 39 40 amount prior to the delivery of said vehicle. 41
42 ADOPTED THIS 16TH DAY OF FEBRUARY, 2021. 43 44 45 ______________________________ 46
By: Gerald “Jerry” Starnes, President 47
Prattville City Council 48 49 AUTHENTICATED 16TH DAY OF FEBRUARY, 2021. 50 51
52 ______________________________ 53 By: Lisa Terrill 54 City Clerk 55
56 APPROVED: 57 58 59 _____________________________ 60
By: Bill Gillespie, Jr. 61
Mayor 62 63 RESOLUTION BOOK 2021, PAGE ____ 64
RESOLUTION 1
2
[To Release Funds for the Purchase of One (1) Curbtender Tomcat 6-Yard Side Loader 3 through the Sourcewell Purchasing Cooperative from Ingram Equipment Company, LLC, for 4 the Sanitation Division at a Net Cost Not to Exceed $145,469.00.] 5 6
{Sponsored By: Councilor Chambers} 7
8 WHEREAS, there is a need for one (1) Curbtender Tomcat 6-Yard Side Loader 9 10 in the Public Works Department/Sanitation Division; and 11
12
WHEREAS, said truck is available through the Sourcewell Purchasing Cooperative, 13 14 Contract Number 060920-NAF, from Ingram Equipment Company, LLC, at a cost not to 15 16
exceed $145,469.00; and 17
18 WHEREAS, there is an extended production lead time associated with said 19 20 vehicle; and 21
22 WHEREAS, the Finance Director recommends financing a portion of this purchase 23 24 once the vehicle is assembled and ready for delivery. 25 26
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 27 28 Prattville that funds in an amount not to exceed $145,469.00 for the purchase of said side 29 30 loader are hereby authorized and approved to be paid to Ingram Equipment Company, 31
32 LLC, and said funds are approved and appropriated from FY2021 Budget Line Item 33 34 Sanitation Enterprise Fund/Capital Outlay. 35 36
BE IT FURTHER RESOLVED by the City Council of the City of Prattville that the 37 38 Finance Director will provide the City Council with a recommended financing option and 39 40 amount prior to the delivery of said vehicle. 41
42 ADOPTED THIS 16TH DAY OF FEBRUARY, 2021. 43 44 45 ______________________________ 46
By: Gerald “Jerry” Starnes, President 47
Prattville City Council 48 49 AUTHENTICATED 16TH DAY OF FEBRUARY, 2021. 50 51
52 ______________________________ 53 By: Lisa Terrill 54 City Clerk 55
56 APPROVED: 57 58 59 ______________________________ 60
By: Bill Gillespie, Jr. 61
Mayor 62 63 RESOLUTION BOOK 2021, PAGE ____ 64
RESOLUTION 1
2
[To Release Funds for the Purchase of One (1) 2022 Kenworth T370 Pac-Mac Boom Truck 3 through the Sourcewell Purchasing Cooperative from Kenworth of Birmingham, Inc., for the 4 Sanitation Division at a Net Cost Not to Exceed $211,518.00.] 5 6
{Sponsored By: Councilor Chambers} 7
8 WHEREAS, there is a need for one (1) 2022 Kenworth T370 Pac-Mac Boom 9 10 Truck in the Public Works Department/Sanitation Division; and 11
12
WHEREAS, said truck is available through the Sourcewell Purchasing Cooperative, 13 14 Contract Number 081716-KTC, from Kenworth of Birmingham, Inc., at a cost not to exceed 15 16
$211,518.00; and 17 18 WHEREAS, there is an extended production lead time associated with said 19 20 vehicle; and 21
22 WHEREAS, the Finance Director recommends financing a portion of this 23 24 purchase once the vehicle is assembled and ready for delivery. 25 26
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 27 28 Prattville that funds in an amount not to exceed $211,518.00 for the purchase of said 29 30 Pac-Mac Boom truck are hereby authorized and approved to be paid to Kenworth of 31
32 Birmingham, Inc., and said funds are approved and appropriated from FY2021 Budget 33 34 Line Item Sanitation Enterprise Fund/Capital Outlay. 35 36
BE IT FURTHER RESOLVED by the City Council of the City of Prattville that the 37 38 Finance Director will provide the City Council with a recommended financing option and 39 40 amount prior to the delivery of said vehicle. 41
42 ADOPTED THIS 16TH DAY OF FEBRUARY, 2021. 43 44 45 ______________________________ 46
By: Gerald “Jerry” Starnes, President 47
Prattville City Council 48 49 AUTHENTICATED 16TH DAY OF FEBRUARY, 2021. 50 51
52 ______________________________ 53 By: Lisa Terrill 54 City Clerk 55
56 APPROVED: 57 58 59 ______________________________ 60
By: Bill Gillespie, Jr. 61
Mayor 62 63 RESOLUTION BOOK 2021, PAGE ____ 64
RESOLUTION 1
2
[To Award Bid No. 021-001 to InVeris Training Solutions, Inc., for the Purchase of One (1) 3 Law Enforcement Weapons Simulator for the Police Department at a Cost of $124,353.17.] 4 5 {Sponsored By: Council President Starnes} 6
7 WHEREAS, the City of Prattville Police Department has a need for one (1) Law 8 9 Enforcement Weapons Simulator; and 10 11
WHEREAS, two (2) sealed bids were received, opened, and read on February 2, 2021, 12
13 at 10:00 a.m. and InVeris Training Solutions, Inc., was the lowest responsible bidder with a 14 15 cost of $124,353.17. 16
17
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 18 19 hereby awards Bid No. 021-001 in the amount of $124,353.17 to InVeris Training Solutions, 20 21
Inc. 22 23 BE IT FURTHER RESOLVED that funds in the amount not to exceed $124,353.17 are 24 25 hereby authorized to be paid to InVeris Training Solutions, Inc., and said funds are approved 26
27 and appropriated from the FY2021 Budget Line Item Police Department/Capital Outlay. 28 29 ADOPTED THIS 16TH DAY OF FEBRUARY, 2021. 30 31
32
______________________________ 33 By: Gerald “Jerry” Starnes, President 34 Prattville City Council 35 36
AUTHENTICATED 16TH DAY OF FEBRUARY, 2021. 37 38 39 ______________________________ 40 By: Lisa Terrill 41
City Clerk 42 43 APPROVED: 44 45 46
______________________________ 47 By: Bill Gillespie, Jr. 48 Mayor 49 50 51 52 53 54 55
56 57 58 59 60
61 62 63 RESOLUTION BOOK 2021, PAGE ____ 64
RESOLUTION 1
2
[To Release Funds for the Purchase of Surveillance Equipment for the Investigative/Narcotics 3 Division of the Police Department at a Cost Not to Exceed $6,229.00.] 4 5 {Sponsored By: Council President Starnes} 6
7 WHEREAS, the City of Prattville Police Department has a need for surveillance 8 9 equipment; and 10 11
WHEREAS, this is a budged expense for the Police Department. 12
13 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville 14 15 that funds in an amount not to exceed $6,229.00 are authorized for the purchase of said 16
17
surveillance equipment, and is hereby approved and appropriated from FY2021 Budget 18 19 Line Item Police Department/Capital Outlay. 20 21
ADOPTED THIS 16TH DAY OF FEBRUARY, 2021. 22 23 24 ______________________________ 25 By: Gerald “Jerry” Starnes, President 26
Prattville City Council 27 28 AUTHENTICATED 16TH DAY OF FEBRUARY, 2021. 29 30 31
______________________________ 32
By: Lisa Terrill 33 City Clerk 34 35 APPROVED: 36
37
38 ______________________________ 39 By: Bill Gillespie, Jr. 40 Mayor 41
42 43 44 45 46
47 48 49 50 51 52 53 54 55
56 57 58 59 60
61 62 RESOLUTION BOOK 2021, PAGE ____ 63 64
RESOLUTION 1
2
[To Amend the FY2021 Budget and Release Funds for the Purchase of One (1) Barracuda 3 CloudGen Firewall Appliance F600 through GSA from Viperline Solutions Inc., for the 4 Information Technology Department at a Net Cost Not to Exceed $19,552.00.] 5 6
{Sponsored By: Council President Pro Tempore Boone} 7
8 WHEREAS, there is a need for a main firewall upgrade in the Information Technology 9 10 Department; and 11
12 WHEREAS, said Barracuda CloudGen Firewall is available from Viperline Solutions, Inc., 13 14 through GSA Contract # 47QTCA-19-D-00MM at a cost not to exceed $19,552.00; and 15 16
WHEREAS, the Finance Director identified a certain sum of surplus funds available 17
18 to departments that came in under budget in prior fiscal years; and 19 20 WHEREAS, a portion of the Information Technology Department’s allocation of 21
22 said surplus funds will be used for the purchase of said firewall upgrade. 23 24 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville 25 26
that FY2021 Budget is hereby amended as follows: 27 28 Decrease Information Technology/ Departmental Reserve Funds $19,552.00 29 Increase Information Technology/ Capital Outlay $19,552.00 30 31
BE IT FURTHER RESOLVED by the City Council of the City of Prattville that 32 33 funds in an amount not to exceed $19,552.00 for the purchase of said Barracuda CloudGen 34 35 Firewall appliance are hereby authorized to be paid to Viperline Solutions, Inc., and said 36
37 funds are hereby approved and appropriated from FY2021 Budget Line Item Information 38 39 Technology/Capital Outlay. 40 41
ADOPTED THIS 16TH DAY OF FEBRUARY, 2021. 42 43 44 ______________________________ 45 By: Gerald “Jerry” Starnes, President 46
Prattville City Council 47 48 AUTHENTICATED 16TH DAY OF FEBRUARY, 2021. 49 50 51
______________________________ 52 By: Lisa Terrill 53 City Clerk 54 55
APPROVED: 56
57 58 ______________________________ 59 By: Bill Gillespie, Jr. 60
Mayor 61 62 63 RESOLUTION BOOK 2021, PAGE ____ 64
RESOLUTION 1
2
[To Authorize Demolition of the Dilapidated Structure Located at 1212 Josephine Court (Tax 3 Parcel 19 05 15 1 001 023.000) and to Award a Contract to Stoudemire Construction to 4 Complete Demolition at a Cost Not to Exceed $6,000.00 (Citizen Serve File #20-001336).] 5 6
{Sponsored By: Councilor Strichik} 7
8 WHEREAS, under the authority of Title 11, Chapter 53B of the Code of Alabama, 9 10 1975, as amended, the City of Prattville Building Inspector declared the structure at 11
12
1212 Josephine Court to be unsafe and a public nuisance on November 13, 2020; and 13 14 WHEREAS, on November 17, 2020, the Prattville Police Department Code 15 16
Enforcement Officer ordered the demolition of the structure at 1212 Josephine Court (Tax 17
18 Parcel 19 05 15 1 001 023.000) within 45-days of said notice; and 19 20 WHEREAS, said notice was delivered by certified mail to the last known property 21
22 owners and to all parties having interest in the property; and 23 24 WHEREAS, no public hearing was requested by the property owner(s) within thirty 25 26
(30) days of the date of notice as provided by §11-53B-4, Code of Alabama, 1975, as 27 28 amended; and 29 30 WHEREAS, on January 19, 2021, in Resolution Book 2021, Page 017, the City 31
32 Council declared that the structure located at 1212 Josephine Court continued to be 33 34 unsafe and a public nuisance that must be repaired or demolished; and 35 36
WHEREAS, no repairs have been made to the structure, and it remains unsafe and a 37 38 public nuisance. 39 40 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 41
42 hereby authorizes the Mayor to take whatever steps are necessary to remove the unsafe 43 44 structure located at 1212 Josephine Court. 45 46
BE IT FURTHER RESOLVED that a contract in an amount not to exceed $6,000.00 is 47 48 awarded to Stoudemire Construction to remove said structure located at 1212 Josephine 49 50 Court, and said funds are hereby approved and appropriated from FY2021 Budget Line Item 51
52 Police/Dilapidated House Demolition. The Mayor shall present the City Council with a 53 54 detailed list of the costs of removal. 55
56 ADOPTED THIS 16TH DAY OF FEBRUARY, 2021. 57 58 59 ______________________________ 60
By: Gerald “Jerry” Starnes, President 61
Prattville City Council 62 63 64
AUTHENTICATED 16TH DAY OF FEBRUARY, 2021. 1
2
______________________________ 3 By: Lisa Terrill 4 City Clerk 5 6
APPROVED: 7
8 9 ______________________________ 10 By: Bill Gillespie, Jr. 11
Mayor 12
13 14 15 16
17 18 19 20 21
22 23 24 25 26
27 28 29 30 31
32 33 34 35 36
37 38 39 40 41
42 43 44 45 46
47 48 49 50 51 52 53 54 55
56 57 58 59 60
61 62 63 RESOLUTION BOOK 2021, PAGE ____ 64
ORDINANCE 1
2
[To Amend City of Prattville Code of Ordinances, Part II-Land Development Ordinances, 3 Chapter 109-Flood, Article II.-Flood Damage Prevention.] 4 5 {Sponsored By: Council President Starnes} 6
7
BE IT ORDAINED by the City Council of the City of Prattville that City of Prattville 8 9 Code of Ordinances, Part II-Land Development Ordinances, Chapter 109-Flood, Article II- 10 11
Flood Damage Prevention is hereby amended to read as follows: 12
13 ARTICLE 1 14 15
Statutory Authorization, Findings of Fact, Purpose And Objectives 16 17 18 SECTION A STATUTORY AUTHORIZATION 19 20
The Legislature of the State of Alabama has in Title 11, Chapter 19, Sections 1-24, Chapter 45, 21
Sections 1-11, Chapter 52, Sections 1-84, and Title 41, Chapter 9, Section 166 of the Code of 22 Alabama, 1975, authorized local government units to adopt regulations designed to promote the public 23 health, safety, and general welfare of its citizenry. Therefore, the City Council of City of Prattville, 24 Alabama, does ordain as follows: 25
26 SECTION B FINDINGS OF FACT 27 28 (1) The flood hazard areas of Prattville, Alabama are subject to periodic inundation which 29 results in loss of life and property, health and safety hazards, disruption of commerce and 30 governmental services, extraordinary public expenditures for flood relief and protection, and 31
impairment of the tax base, all of which adversely affect the public health, safety and general 32
welfare. 33
34 (2) These flood losses are caused by the occupancy in flood hazard areas of uses vulnerable 35 to floods, which are inadequately elevated, flood proofed, or otherwise unprotected from flood 36 damages, and by the cumulative effect of obstructions in floodplains causing increases in flood 37 heights and velocities. 38 39 40
SECTION C STATEMENT OF PURPOSE 41
42 It is the purpose of this ordinance to promote the public health, safety and general welfare and to 43 minimize public and private losses due to flood conditions in specific areas by provisions designed 44 to: 45
46
(1) require that uses vulnerable to floods, including facilities which serve such uses, be 47 protected against flood damage at the time of initial construction; 48 49 (2) restrict or prohibit uses which are dangerous to health, safety and property due to water 50 or erosion hazards, or which increase flood heights, velocities, or erosion; 51 52
(3) control filling, grading, dredging and other development which may increase flood 53
damage or erosion; 54
55 (4) prevent or regulate the construction of flood barriers which will unnaturally divert flood 56 waters or which may increase flood hazards to other lands; and 57 58 (5) control the alteration of natural floodplains, stream channels, and natural protective 59 barriers which are involved in the accommodation of flood waters. 60
61
SECTION D OBJECTIVES 62
63 The objectives of this ordinance are: 64
1
(1) to protect human life and health; 2
3 (2) to minimize damage to public facilities and utilities such as water and gas mains, electric, 4 telephone and sewer lines, streets and bridges located in floodplains; 5 6 (3) to help maintain a stable tax base by providing for the sound use and development of 7
flood prone areas in such a manner as to minimize flood blight areas, 8
9
(4) to minimize expenditure of public money for costly flood control projects; 10
11 (5) to minimize the need for rescue and relief efforts associated with flooding and generally 12 undertaken at the expense of the general public; 13 14 (6) to minimize prolonged business interruptions, and 15
16
(7) to ensure that potential home buyers are notified that property is in a flood area. 17
18
ARTICLE 2 19
GENERAL PROVISIONS 20
21 SECTION A LANDS TO WHICH THIS ORDINANCE APPLIES 22 23 This ordinance shall apply to all Areas of Special Flood Hazard within the jurisdiction of Prattville, 24 Alabama. 25
26 SECTION B BASIS FOR AREA OF SPECIAL FLOOD HAZARD 27 28 The Areas of Special Flood Hazard identified by the Federal Emergency Management Agency in its 29 Flood Insurance Study (FIS), dated September 3, 2014 with accompanying maps and other 30
supporting data and any revision thereto, are adopted by reference and declared a part of this 31
ordinance. For those land areas acquired by a municipality through annexation, the current effective 32 FIS and data for Autauga County or Elmore County are hereby adopted by reference. Areas of Special 33 Flood Hazard may also include those areas known to have flooded historically or defined through 34
standard engineering analysis by governmental agencies or private parties but not yet incorporated in 35
the FIS. 36 37 When Preliminary Flood Insurance Studies and Flood Insurance Rate Maps have been provided by 38 FEMA to the City of Prattville: 39
40
(1) Prior to the issuance of a Letter of Final Determination (LFD) by FEMA, the use of the 41
preliminary flood hazard data shall only be required where no base flood elevations and/or 42
floodway areas exist or where the preliminary base flood elevations or floodway area exceed 43 the base flood elevations and/or floodway widths in the effective flood hazard data provided 44 by FEMA. Such preliminary data may be subject to revision through valid appeals. 45 46 (2) Upon the issuance of a Letter of Final Determination (LFD) by FEMA, the revised flood hazard 47 data shall be used and replace all previously effective flood hazard data provided by FEMA 48 for the purposes of administrating these regulations. 49 50
Where adopted regulatory standards conflict, the more stringent base flood elevation shall prevail. 51
Preliminary FIS data may be subject to change by a valid appeal. 52 53 SECTION C: ESTABLISHMENT OF A FLOODPLAIN DEVELOPMENT PERMIT 54 55
A Development Permit shall be required in conformance with the provisions of this ordinance PRIOR 56
to the commencement of any development activities in identified areas of special flood hazard and 57 community flood hazard areas within the community. 58 59 SECTION D. COMPLIANCE 60
61
No structure or land shall hereafter be located, extended, converted or altered without full compliance 62 with the terms of this ordinance and other applicable regulations. 63
1 SECTION E. ABROGATION AND GREATER RESTRICTIONS 2 3 This ordinance is not intended to repeal, abrogate, or impair any existing ordinance, easements, 4 covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, 5
whichever imposes the more stringent restrictions shall prevail. 6
7 SECTION F. INTERPRETATION 8 9 In the interpretation and application of this ordinance all provisions shall be: (1) considered as 10
minimum requirements; (2) liberally construed in favor of the governing body, and (3) deemed neither 11
to limit nor repeal any other powers granted under state statutes. 12 13 SECTION G. WARNING AND DISCLAIMER OF LIABILITY 14 15
The degree of flood protection required by this ordinance is considered reasonable for regulatory 16
purposes and is based on scientific and engineering considerations. Larger floods can and will occur; 17 flood heights may be increased by man-made or natural causes. This ordinance does not imply that 18 land outside the Areas of Special Flood Hazard or uses permitted within such areas will be free from 19 flooding or flood damages. This ordinance shall not create liability on the part of the City of Prattville 20
or by any officer or employee thereof for any flood damages that result from reliance on this ordinance 21
or any administrative decision lawfully made thereunder. 22 23 SECTION H. PENALTIES FOR VIOLATION 24 25
(1) Notice of Violation. If the community determines that an applicant or other responsible person has failed 26
to comply with the terms and conditions of a permit, or the provisions of this ordinance, it shall issue a 27 written notice of violation, by certified return receipt mail, to such applicant or other responsible person. 28 Where the person is engaged in activity covered by this ordinance without having first secured a permit, 29 the notice shall be served on the owner or the responsible person in charge of the activity being conducted 30
on the site. The notice of violation shall contain: 31 (a) The name and address of the owner or the applicant or the responsible person; 32 (b) The address or other description of the site upon which the violation is occurring; 33 (c) A statement specifying the nature of the violation; 34
(d) A description of the remedial measures necessary to bring the action or inaction into 35
compliance with the permit or this ordinance and the date for the completion of such 36
remedial action; 37
(e) A statement of the penalty or penalties that may be assessed against the person to 38
whom the notice of violation is directed, and; 39
(f) A statement that the determination of violation may be appealed to the community by 40 filing a written notice of appeal within ten days after the notice of violation (except, 41 that in the event the violation constitutes an immediate danger to public health or 42 public safety, 24-hour notice shall be sufficient). 43 44 (2) Additional Enforcement Actions. If the remedial measures described in the Notice of Violation have not 45
been completed by the date set forth for such completion in the Notice of Violation, any one or more of 46
the following enforcement actions may be enacted against the person to whom the Notice of Violation 47 was directed. Before taking any of the following actions or imposing any of the following penalties, the 48 City of Prattville shall first notify the applicant or other responsible person in writing of its intended 49 action. The City of Prattville shall provide reasonable opportunity, of not less than ten days (except, that 50
in the event the violation constitutes an immediate danger to public health or public safety, 24-hour notice 51 shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to 52 cure such violation after such notice and cure period, the City of Prattville may take or impose any one 53 or more of the following enforcement actions or penalties: 54 55 56 (a) Stop Work Order: The community may issue a stop work order, which shall be served 57
on the applicant or other responsible person. The stop work order shall remain in effect 58
until the applicant or other responsible person has taken the remedial measures set 59
forth in the notice of violation or has otherwise cured the violation or violations 60
described therein, provided the stop work order may be withdrawn or modified to 61
enable the applicant or other responsible person to take the necessary remedial 62
measures to cure such violation or violations. 63 (b) Revoke Certificate of Occupancy: The community may refuse to issue and/or revoke 64 a certificate of occupancy for the building or other improvements and/or repairs 65
conducted or being conducted on the site until the applicant or other responsible 1
person has taken the remedial measures set forth in the notice of violation or has 2
otherwise cured the violation or violations described therein. 3
(c) Suspension, revocation, or modifications of permit: The community may suspend, 4 revoke, or modify the permit authorizing the development project. A suspended, 5 revoked, or modified permit may be reinstated after the applicant or other responsible 6 person has taken the remedial measures set forth in the notice of violation or has 7 otherwise cured the violations described therein, provided such permit may be 8 reinstated (upon such conditions as the community may deem necessary) to enable 9 the applicant or other responsible person to take the necessary remedial measures to 10 cure such violations. 11
(d) Civil penalties: Violation of the provisions of this ordinance or failure to comply with 12
any of its requirements, including violation of conditions and safeguards established 13
in connection with grants of variance or special exceptions shall constitute a 14
misdemeanor. Any person who violates this ordinance or fails to comply with any of 15 its requirements shall, upon conviction thereof, be fined not more than $500.00 or 16 imprisoned for not more than 30 days, or both, and in addition, shall pay all costs and 17 expenses involved in the case: Each day such violation continues shall be considered 18 a separate offense. Nothing herein contained shall prevent the City of Prattville from 19 taking such other lawful actions as is necessary to prevent or remedy any violation. 20 (e) Section 1316 Declaration: Section 1316 of the National Flood Insurance Act 21 authorizes FEMA to deny flood insurance to a property declared by the State, County, 22
or Municipal government to be in violation of the local floodplain management 23
ordinance. A Section 1316 declaration shall be used when all other legal means to 24
remedy a violation have been exhausted and the structure is noncompliant. Once 25
invoked, the property’s flood insurance coverage will be terminated and no new or 26
renewal policy can be issued; no flood insurance claim can be paid on any policy on 27 the property, and disaster assistance will be denied. 28 29 The declaration must be in writing (letter or citation), from the community to the 30 property owner and the applicable FEMA Regional Office, and must contain the 31 following items: 32
i. The name(s) of the property owner(s) and address or legal description of the 33 property sufficient to confirm its identity and location; 34 ii. A clear and unequivocal declaration that the property is in violation of a cited 35 State or local law, regulation or ordinance; 36 iii. A clear statement that the public body making the declaration has authority to 37 do so and a citation to that authority; 38 iv. Evidence that the property owner has been provided notice of the violation 39 and the prospective denial of insurance; and 40
v. A clear statement that the declaration is being submitted pursuant to section 41
1316 of the National Flood Insurance Act of 1968, as amended. 42
43
If a structure that has received a Section 1316 declaration is made compliant with 44 the community’s floodplain management ordinance, then the Section 1316 45 declaration can be rescinded by the community and flood insurance eligibility 46 restored. 47
48
(3) Administrative appeal; judicial review. Any person receiving a Notice of Violation may appeal the 49 determination of the community, including but not limited to the issuance of a stop work order, the 50 assessment of an administratively-imposed monetary penalty, the suspension, revocation, modification, 51 or grant with condition of a permit by the community upon finding that the holder is in violation of 52
permit conditions, or that the holder is in violation of any applicable ordinance or any of the community's 53 rules and regulations, or the issuance of a notice of bond forfeiture. 54 55
The Notice of Appeal must be in writing and must be received within ten days from the date of 56
the Notice of Violation. A hearing on the appeal shall take place within thirty days from the 57 date of receipt of the Notice of Appeal by the Floodplain Administrator. 58 59 (4) All appeals shall be heard and decided by the community's designated Appeal Board, which shall be 60
Board of Zoning Adjustment. The Appeal Board shall have the power to affirm, modify, or reject the 61
original penalty, including the right to increase or decrease the amount of any monetary penalty and the 62 right to add or delete remedial actions required for correction of the violation and compliance with the 63 community's flood damage prevention ordinance, and any other applicable local, state, or federal 64
requirements. The decision of the Appeal Board shall be final. 65
1
(5) A judicial review can be requested by any person aggrieved by a decision or order of the community, 2 after exhausting his/her administrative remedies. They shall have the right to appeal de novo to the 3 circuit court. 4 5 SECTION I. SAVINGS CLAUSE 6 7 If any section, subsection, sentence, clause, phrase, or word of this ordinance is for any reason held to 8 be noncompliant with 44 Code of Federal Regulation 59-78, such decision shall not affect the validity 9 of the remaining portions of this ordinance. 10
11 SECTION J. REPEALER 12 13 Ordinance 2005-009 and Ordinance 2009-009 of the City of Prattville, Alabama is hereby repealed. 14 This Repealer shall not, however, effect, terminate, or preclude any rights, duties, requirements or 15
terms which arose or existed while said Ordinance was in effect, all of which are specifically 16 preserved. 17 18 19
ARTICLE 3 20
ADMINISTRATION 21
22 SECTION A DESIGNATION OF FLOODPLAIN ADMINISTRATOR 23 24
The Director of Planning & Development is hereby appointed to administer and implement the 25
provisions of this ordinance. 26 27 SECTION B PERMIT PROCEDURES 28 29
Application for a Development Permit shall be made to the Floodplain Administrator on forms 30
furnished by the community PRIOR to any development activities, and may include, but not be 31 limited to, the following: Plans in duplicate drawn to scale showing the elevations of the area in 32 question and the nature, location, dimensions, of existing or proposed structures, fill placement, 33 storage of materials or equipment, and drainage facilities. 34
35
Specifically, the following procedures and information are required for all projects in the Special Flood 36 Hazard Areas within the jurisdiction of Prattville: 37 38 (1) Application Stage 39
40
Plot plans are to include: 41 42 (a) The Base Flood Elevation (BFE) where provided as set forth in Article 2, Section 43 B; Article 4, Section C; or Article 5, Section D; 44 (b) Boundary of the Special Flood Hazard Area and floodway(s) as delineated on the 45 FIRM or other flood map as determined in Article 2, Section B; 46
(c) Flood zone designation of the proposed development area as determined on the 47
FIRM or other flood map as determined in Article 2, Section B; 48
(d) Elevation in relation to mean sea level (or highest adjacent grade) of the 49
regulatory lowest floor level, including basement, of all proposed structures; 50
(e) Elevation in relation to mean sea level to which any non-residential structure will 51 be flood proofed; 52 (f) Design certification from a registered professional engineer or architect that any 53 proposed non-residential flood-proofed structure will meet the flood-proofing criteria of 54 Article 4, Sections B(2) and E(2); 55 (g) A Foundation Plan, drawn to scale, that shall include details of the proposed 56 foundation system to ensure all provisions of this ordinance are met. These details 57
include, but are not limited to, the proposed method of elevation (i.e., fill, solid 58
foundation perimeter wall, solid backfilled foundation, open foundation on 59
columns/posts/piers/piles/shear walls) and description of any flood openings required in 60
accordance with Article 4, Sections B(1), B(3), D(7), and E(1) when solid foundation 61
perimeter walls are used. 62 (h) Usage details of any enclosed areas below the lowest floor shall be described. 63
(i) Plans and/or details for the protection of public utilities and facilities such as 1
sewer, gas, electrical, and water systems to be located and constructed to minimize flood 2
damage. 3
(j) Description of the extent to which any watercourse will be altered or relocated as 4 a result of a proposed development including current and proposed locations of the 5 watercourse. An engineering report shall be provided on the effects of the proposed 6 project on the flood-carrying capacity of the watercourse and the effects to properties 7 located both upstream and downstream. The affected properties shall be depicted on a 8 map or on the plot plan. 9 (k) Certification of the plot plan by a licensed professional engineer or surveyor in 10 the State of Alabama is required. 11
12
(2) Construction Stage 13 14 For all new construction and substantial improvements, the permit holder shall provide to the 15 Floodplain Administrator an as-built certification of the regulatory floor elevation or flood-16 proofing level using appropriate FEMA elevation or floodproofing certificate immediately 17
after the lowest floor or flood proofing is completed. 18 19 (a) When flood proofing is utilized for non-residential structures, said certification 20 shall be prepared by or under the direct supervision of a professional engineer or architect 21 and certified by same. 22 (b) Any work undertaken prior to submission of these certifications shall be at 23 the permit holder's risk. 24
(c) The Floodplain Administrator shall review the above referenced certification data 25
submitted. Deficiencies detected by such review shall be corrected by the permit holder 26
immediately and prior to further progressive work being allowed to proceed. Failure to 27
submit certification or failure to make said corrections required hereby, shall be cause to 28
issue a stop-work order for the project. 29
(d) The Floodplain Administrator shall make periodic inspections of projects during 30 construction throughout the Special Flood Hazard Areas within the jurisdiction of the 31 community to ensure that the work is being done according to the provisions of the local 32 ordinance and the terms of the permit. Members of his or her inspections/engineering 33 department shall have a right, upon presentation of proper credentials, to enter on any 34 premises within the territorial jurisdiction of the department at any reasonable hour for 35 the purposes of inspection or other enforcement action. 36
(e) The Floodplain Administrator may revoke and require the return of the 37
floodplain development permit by notifying the permit holder in writing stating the 38
reason(s) for the revocation. Permits shall be revoked for any substantial departure from 39
the approved application, plans, and specifications; for refusal or failure to comply with 40 the requirements of State or local laws; or for false statements or misrepresentations made 41 in securing the permit. Any floodplain development permit mistakenly issued in 42 violation of an applicable State or local law may also be revoked. 43 (f) In any lot or lots/areas that will be or have been removed from the special flood 44 hazard area utilizing a Letter of Map Revision Based on Fill (LOMR-F), the top of fill 45 level must meet the community's freeboard elevation at that location. If the top of fill 46 level is below the freeboard elevation, all new structures, additions to existing buildings 47
or substantial improvement must meet the required community freeboard elevation. 48
49
(3) Finished Construction 50
51 Upon completion of construction, a FEMA elevation certificate (FEMA Form 81-31), which 52 depicts all finished construction elevations, is required to be submitted to the Floodplain 53 Administrator prior to issuance of a Certificate of Occupancy. 54
55
(a) If the project includes a floodproofing measure, a FEMA floodproofing certificate 56 is required to be submitted by the permit holder to the Floodplain Administrator. 57 (b) The Floodplain Administrator shall review the certificate(s) data submitted. 58 Deficiencies detected by such review shall be corrected by the permit holder immediately 59 and prior to Certificate of Compliance/Occupancy issuance. 60 (c) In some instances, another certification may be required to certify corrected as-61 built construction. Failure to submit the certification or failure to make required 62
corrections shall be cause to withhold the issuance of a Certificate of 63
Compliance/Occupancy. 64
(d) Documentation regarding completion and compliance with the requirements 1
stated in the permit application and with Article 3, Section B(1) of this ordinance shall 2
be provided to the local Floodplain Administrator at the completion of construction or 3
records shall be maintained throughout the Construction Stage by inspectors for the 4 Floodplain Administrator. Failure to provide the required documentation shall be cause 5 to withhold the issuance of a Certificate of Compliance/Occupancy. 6 (e) All records that pertain to the administration of this ordinance shall be maintained 7 and made available for public inspection, recognizing that such information may be 8 subject to the Privacy Act of 1974, as amended. 9 10 SECTION C DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR 11
12 Duties of the Floodplain Administrator shall include, but shall not be limited to: 13 14 (1) Review all development permits to assure that the permit requirements of this ordinance 15
have been satisfied; and assure that development sites are reasonably safe from flooding. 16
17
(2) Review copies of all necessary permits from governmental agencies from which approval 18
is required by Federal or State law, including section 404 of the Federal Water Pollution Control 19 Act Amendments of 1972, 33 U.S.C. 1334. Maintain such permits permanently with floodplain 20 development permit file. 21 22 (3) When Base Flood Elevation data or floodway data have not been provided in accordance 23 with Article 2, Section B then the Floodplain Administrator shall obtain, review and reasonably 24
utilize any base flood elevation and floodway data available from a Federal, State, or other 25
sources in order to administer the provisions of Article 4. 26
27
(4) Verify and record the actual elevation in relation to mean sea level (or highest adjacent 28 grade) of the regulatory floor level, including basement, of all new construction or substantially 29 improved structures in accordance with Article 3, Section B. 30 31 (5) Verify and record the actual elevation, in relation to mean sea level to which any new or 32 substantially improved structures have been flood-proofed, in accordance with Article 4, 33 Sections B(2) and E(2). 34
35
(6) When flood proofing is utilized for a structure, the Floodplain Administrator shall obtain 36
certification of design criteria from a registered professional engineer or architect in accordance 37
with Article 3, Section B(1)(c) and Article 4, Section B(2) or E(2). 38 39 (7) Notify adjacent communities and the Alabama Department of Natural Resources prior to 40 any alteration or relocation of a watercourse and submit evidence of such notification to the 41 Federal Emergency Management Agency (FEMA), and the Alabama Department of Economic 42
and Community Affairs/Office of Water Resources/NFIP State Coordinator’s Office. 43
44
(8) For any altered or relocated watercourse, submit engineering data/analysis within six (6) 45 months to FEMA and State to ensure accuracy of community flood maps through the Letter of 46 Map Revision process. Assure flood carrying capacity of any altered or relocated watercourse 47 is maintained. 48 49 (9) Where interpretation is needed as to the exact location of boundaries of the Areas of 50 Special Flood Hazard (for example, where there appears to be a conflict between a mapped 51
boundary and actual field conditions) the Floodplain Administrator shall make the necessary 52
interpretation. Any person contesting the location of the boundary shall be given a reasonable 53
opportunity to appeal the interpretation as provided in this Ordinance. 54
55 (10) All records pertaining to the provisions of this ordinance shall be maintained in the office 56 of the Floodplain Administrator and shall be open for public inspection. 57 58 (11) In addition, the Floodplain Administrator and his or her 59 designated staff is hereby authorized and directed to enforce the provisions of this ordinance. 60
The Administrator is further authorized to render interpretations of this ordinance, which are 61
consistent with its spirit and purpose. 62
63
(a) Right of Entry 64
i. Whenever necessary to make an inspection to enforce any of the provisions of this ordinance, 1
or whenever the Administrator has reasonable cause to believe that there exists in any 2 building or upon any premises any condition or ordinance violation which makes such 3 building, structure or premises unsafe, dangerous or hazardous, the Administrator may enter 4 such building, structure or premises at all reasonable times to inspect the same or perform 5
any duty imposed upon the Administrator by this ordinance. 6 ii. If such building or premises are occupied, the Administrator shall first present proper 7 credentials and request entry. If such building, structure, or premises are unoccupied, he shall 8 first make a reasonable effort to locate the owner or other persons having charge or control 9
of such building or premises. 10 iii. If entry is refused, the Administrator shall have recourse to every remedy provided by law to 11 secure entry. 12 iv. When the Administrator shall have first obtained a proper inspection warrant or other remedy 13
provided by law to secure entry, no owner or occupant or any other persons having charge, 14 care or control of any building, structure, or premises shall fail or neglect, after proper request 15 is made as herein provided, to promptly permit entry therein by the Administrator for the 16 purpose of inspection and examination pursuant to this ordinance. 17 18
(b) Stop Work Orders 19 i. Upon notice from the Administrator, work on any building, structure or premises that is being 20 performed contrary to the provisions of this ordinance shall immediately cease. 21 ii. Such notice shall be in writing and shall be given to the owner of the property, or to his or 22
her agent, or to the person doing the work, and shall state the conditions under which work 23 may be resumed. 24 25 (c) Revocation of Permits 26
i. The Administrator may revoke a permit or approval, issued under the provisions of this 27
ordinance, in case there has been any false statement or misrepresentation as to the material 28 fact in the application or plans on which the permit or approval was based. 29 ii. The Administrator may revoke a permit upon determination that the construction, erection, 30 alteration, repair, moving, demolition, installation, or replacement of the structure for which 31
the permit was issued is in violation of, or not in conformity with, the provisions of this 32 ordinance. 33 34 ARTICLE 4 35
PROVISIONS FOR FLOOD HAZARD REDUCTION 36
37 SECTION A GENERAL STANDARDS 38 39 In ALL Areas of Special Flood Hazard the following provisions are required: 40
41 (1) Require copies of all necessary permits from governmental agencies from which approval is required by 42 Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 43 33 U.S.C. 1334. Maintain such permits be on file. 44
45 (2) New construction and substantial improvements of existing structures shall be anchored to prevent flotation, 46 collapse and lateral movement of the structure. 47 48
(3) New construction and substantial improvements of existing structures shall be constructed with materials and 49
utility equipment resistant to flood damage. 50 51 (4) New construction and substantial improvements of existing structures shall be constructed by methods and 52
practices that minimize flood damage: 53 (a) All subdivision proposals shall be consistent with the need to minimize flood damage; 54 (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, 55 electrical and water systems located and constructed to minimize flood damage; 56 (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to 57 flood hazards. 58 59
(5) All heating and air conditioning equipment and components, all electrical, ventilation, plumbing, 60
and other service facilities shall be designed and/or located so as to prevent water from entering or 61
accumulating within the components during conditions of flooding. 62 63 (6) Manufactured homes shall be anchored to prevent flotation, collapse, and lateral movement. 64 Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground 65
anchors. This standard shall be in addition to and consistent with applicable State requirements for 1
resisting wind forces. 2
3 (7) New and replacement water supply systems shall be designed to minimize or eliminate infiltration 4 of flood waters into the system. 5 6 (8) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration 7 of flood waters into the systems and discharges from the systems into flood waters. 8
9
(9) On-site waste disposal systems shall be located and constructed to avoid impairment to them or 10
contamination from them during flooding. 11
12 (10) Any alteration, repair, reconstruction or improvement to a structure which is not compliant with the 13 provisions of this ordinance, shall be undertaken only if the non- conformity is not furthered, 14 extended or replaced. 15 16
(11) Proposed new construction and substantial improvements that are partially located in an area of 17
special flood hazard shall have the entire structure meet the standards for new construction. 18 19 (12) Proposed new construction and substantial improvements that are located in multiple flood hazard 20 risk zones or in a flood hazard risk zone with multiple base flood elevations shall have the entire 21 structure meet the standards for the most hazardous flood hazard risk zone and the highest base flood 22
elevation. 23
24 SECTION B SPECIFIC STANDARDS 25 26 In ALL Areas of Special Flood Hazard designated as A1-30, AE, AH, A (with engineered or estimated 27 base flood elevation), the following provisions are required: 28 29
(1) Residential and Non-residential Structures - Where base flood elevation data is available, 30
new construction and substantial improvement of any structure or manufactured home shall have 31 the lowest floor, including basement, elevated no lower than one foot above the base flood 32 elevation. Should solid foundation perimeter walls be used to elevate a structure, openings 33 sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance 34 with standards of Article 4, Section B(3). 35 36 (2) Non-Residential Structures - New construction and substantial improvement of any non-37
residential structure located in A1-30, AE, or AH zones, may be floodproofed in lieu of elevation. 38
The structure, together with attendant utility and sanitary facilities, must be designed to 39
be water tight to one (1) foot above the base flood elevation, with walls substantially 40
impermeable to the passage of water, and structural components having the capability of resisting 41
hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional 42 engineer or architect shall certify that the design and methods of construction are in accordance 43 with accepted standards of practice for meeting the provisions above, and shall provide such 44 certification to the official as set forth above and in Article 3, Section C(6). 45 46
Dry floodproofing is allowed only where flood velocities are less than or equal to five feet per 47
second. A registered professional engineer or architect shall certify that the standards of this 48 subsection are satisfied. A Flood Emergency Operation Plan and an Inspection and 49 Maintenance Plan must be provided by the design professional for the building. Such 50 certification shall be provided to the Floodplain Administrator. 51
52
(3) Enclosures for Elevated Buildings - All new construction 53 and substantial improvements of existing structures that include ANY fully enclosed area below 54 the base flood elevation, located below the lowest floor formed by the foundation and other 55 exterior walls shall be designed so as to be an unfinished or flood resistant enclosure. The 56 enclosure shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for 57 the automatic entry and exit of flood waters. 58 59
(a) Designs for complying with this requirement must either be certified by a professional 60
engineer or architect or meet the following minimum criteria: 61
(i) Provide a minimum of two openings having a total net area of not less 62 than one square inch for every square foot of enclosed area subject to flooding (if 63
a structure has more than one enclosed area below the base flood elevation, each 1
shall have openings on exterior walls); 2
(ii) The bottom of all openings shall be no higher than one foot above grade; 3
and 4 (iii) Openings may be equipped with screens, louvers, valves and other 5 coverings and devices provided they permit the automatic flow of floodwater in 6 both directions. 7 (b) So as not to violate the "Lowest Floor" criteria of this ordinance, the unfinished or flood 8 resistant enclosure shall only be used for parking of vehicles, limited storage of 9 maintenance equipment used in connection with the premises, or entry to the elevated 10 area. 11
(c) The interior portion of such enclosed area shall not be partitioned or finished into separate 12
rooms. All interior walls, ceilings and floors below the base flood elevation shall be 13
unfinished and/or constructed of flood resistant materials. 14
15 (d) Mechanical, electrical or plumbing devices shall not be installed below the Base Flood 16 Elevation. The interior portion of such enclosed area(s) shall be void of utilities except 17 for essential lighting and power as required. 18 (e) Property owners shall be required to execute a flood openings/venting affidavit 19 acknowledging that all openings will be maintained as flood vents, and that the 20 elimination or alteration of the openings in any way will violate the requirements for 21
enclosures below the base flood elevation. Periodic inspections will be conducted by the 22
Floodplain Administrator to ensure compliance. 23
(f) Property owners shall agree, certify, and declare to the following conditions and 24
restrictions placed on the affected property as a condition for granting a permit. A 25
binding agreement, referred to as a Non-conversion Agreement, is required to be 26 executed and recorded with the Deed. It shall obligate the Owner to the following terms 27 and conditions: 28
(i) That the enclosed area(s) shall remain fully compliant with all parts of the section 29 Enclosures for Elevated Buildings of this Ordinance unless otherwise modified to 30 be fully compliant with the applicable sections of the Flood Damage Prevention 31 Ordinance in effect at the time of conversion. 32
(ii) A duly appointed representative of the City of Prattville is authorized to enter the 33
property for the purpose of inspecting the exterior and interior of the enclosed 34
area to verify compliance with the Agreement and Permit. 35
(iii) The community may take any appropriate legal action to correct any violation 36
pertaining to the Agreement and the subject Permit. 37 38 39 (4) Standards for Manufactured Homes and Recreational Vehicles - Where base flood 40 elevation data are available: 41
42
(a) All manufactured homes placed and substantially improved on: 43
(i) individual lots or parcels, 44
(ii) in new or substantially improved manufactured home parks or subdivisions, 45 (iii) in expansions to existing manufactured home parks or subdivisions, or 46 (iv) on a site in an existing manufactured home park or subdivision where a 47 manufactured home has incurred "substantial damage" as the result of a flood, 48 must have the lowest floor including basement elevated no lower than one foot 49 above the base flood elevation. 50 (b) Manufactured homes placed and substantially improved in an existing 51 manufactured home park or subdivision may be elevated so that either: 52
(i) the lowest floor of the manufactured home is elevated no lower than one foot 53
above the level of the base flood elevation, or 54
(ii) where no Base Flood Elevation exists, the manufactured home chassis and 55
supporting equipment is supported by reinforced piers or other foundation 56 elements of at least equivalent strength and a maximum of 60 inches (five feet) 57 above grade and must meet the standards of Article 4, Section D(5). 58 (c) All Manufactured homes must be securely anchored to an adequately anchored 59 foundation system to resist flotation, collapse and lateral movement. 60 (d) All recreational vehicles placed on sites must either: 61 (i) be on the site for fewer than 180 consecutive days, fully licensed and ready 62 for highway use if it is licensed, on its wheels or jacking system, attached to the 63
site only by quick disconnect type utilities and security devices, and has no 1
permanently attached structures or additions; or 2
(ii) the recreational vehicle must meet all the requirements for "New 3
Construction," including the anchoring and elevation requirements of Article 4, 4 Section B, provisions (3)(a) and (3)(c). 5 6 (5) Require, until a regulatory floodway is designated, that no new construction, substantial 7 improvements, or other development (including fill) shall be permitted within Zones A1-30 and 8 AE on the Prattville FIRM, unless it is demonstrated that the cumulative effect of the proposed 9
development, when combined with all other existing and anticipated development, will not 10
increase the water surface elevation of the base flood more than one foot at any point within the 11
community. 12
13 (6) Accessory Structures (also referred to as appurtenant structures) – This provision 14 generally applies to new and substantially improved accessory structures. When an accessory 15 structure complies with all other provisions of this ordinance (including floodway 16 encroachment), represents a minimal investment (less than $1000.00), and meets the 17 requirements outlined below, these structures may be wet-floodproofed and do not have to be 18 elevated or dry floodproofed. 19
20
21
Accessory structures include, but are not limited to, residential structures such as detached garages, 22
storage sheds for garden tools or woodworking, gazebos, picnic pavilions, boathouses, small pole barns, 23
and similar buildings. The following provisions apply to accessory structures built below the base flood 24
elevation: 25
26
(a) A permit shall be required prior to construction or installation. 27
(b) Must be low value (less than $1000.00) and not be used for human habitation. 28
(c) Use must be restricted to parking of personal vehicles or limited storage (low-cost items 29 that cannot be conveniently stored in the principal structure). 30 (d) Must be designed with an unfinished interior and constructed with flood damage-resistant 31 materials below the BFE. 32 (e) Must be adequately anchored to prevent flotation, collapse, or lateral movement. 33 (f) Must have adequate flood openings as described in Article 4, Section A (5) and be 34 designed to otherwise have low flood damage potential. 35 (g) Shall be constructed and placed on the building site so as to offer the minimum resistance 36
to the flow of floodwaters. 37
(h) Any mechanical and other utility equipment in the structure must be elevated to or above 38
the BFE or must be floodproofed. 39
(i) Under limited circumstances communities may issue variances to permit construction of 40
wet-floodproofed accessory structures. Communities should not grant variances to entire 41 subdivisions for accessory structures, especially detached garages. Variances should 42 only be reviewed and issued on an individual or case-by-case basis and be based on the 43 unique characteristics of the site. 44 45 SECTION C FLOODWAYS 46
47
Located within Areas of Special Flood Hazard established in Article 2, Section B, are areas designated 48 as floodway. A floodway may be an extremely hazardous area due to velocity floodwaters, debris or 49 erosion potential. In addition, the area must remain free of encroachment in order to allow for the 50 discharge of the base flood without increased flood heights. Therefore, the following provisions shall 51
apply: 52
53 (1) The community shall select and adopt a regulatory floodway based on the principle that the area chosen 54 for the regulatory floodway must be designed to carry the waters of the base flood, without increasing 55 the water surface elevation of that flood more than one foot at any point; 56 57 (2) Encroachments are prohibited, including fill, new construction, substantial improvements or other 58
development within the adopted regulatory floodway. Development may be permitted however, 59
provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with 60
standard engineering practice that the encroachment shall not result in any increase in flood levels or 61
floodway widths during a base flood discharge. A registered professional engineer must provide 62 supporting technical data and certification thereof; 63
1
(3) A community may permit encroachments within the adopted regulatory floodway that would result in 2
an increase in base flood elevations, provided that the community first applies for a conditional letter of 3 map revision (CLOMR) and floodway revision, fulfills the requirements for such revisions as established 4 under the provisions of § 65.12, and receives the approval of FEMA; 5 6 (4) ONLY if Article 4, Section C, provisions (1) through (3) are satisfied, then any new construction or 7 substantial improvement shall comply with all other applicable flood hazard reduction provisions of 8
Article 4. 9
10 SECTION D BUILDING STANDARDS FOR STREAMS WITHOUT ESTABLISHED 11 BASE FLOOD ELEVATIONS (APPROXIMATE A-ZONES) 12 13 Located within the Areas of Special Flood Hazard established in Article 2, Section B, where streams 14 exist but no base flood data have been provided (Approximate A-Zones), the following provisions 15
apply: 16 17 (1) Base flood elevation data shall be provided for subdivision proposals and all other 18 proposed development, including manufactured home parks and subdivisions, greater than fifty 19 (50) lots or five (5) acres, whichever is the lesser. 20
21
(2) When base flood elevation data or floodway data have not been provided in accordance 22
with Article 2, Section B then the Floodplain Administrator shall obtain, review, and reasonably 23
utilize any scientific or historic Base Flood Elevation and floodway data available from a Federal, 24 State, or other source, in order to administer the provisions of Article 4. ONLY if data are not 25 available from these sources, then Article 4, Section D, provisions (5) and (6) shall apply: 26 27 (3) No encroachments, including structures or fill material, shall be located within an area 28 equal to the width of the stream or twenty-five feet, whichever is greater, measured from the top 29
of the stream bank, unless certification by a registered professional engineer is provided 30
demonstrating that such encroachment shall not result in any increase in flood levels during the 31
occurrence of the base flood discharge. 32
33 (4) All development in Zone A must meet the requirements of Article 4, Section A and 34 Section B(1) through B(4). 35 36 (5) In special flood hazard areas without base flood elevation data, new construction and 37 substantial improvements of existing structures shall have the lowest floor (for the lowest 38 enclosed area; including basement) elevated no less than three (3) feet above the highest adjacent 39
grade. If the requirement as set forth in Article 4, Section B(1) and (2) require the lowest floor 40
to be elevated no less than one foot about the base flood elevation, then the structure for this 41
condition shall be elevated no less than four (4) feet about the highest adjacent grade. 42
43
(6) In the absence of a base flood elevation, a manufactured home must also meet the 44 elevation requirements of Article 4, Section B(4)(b)(ii) in that the structure must be elevated to 45 a maximum of 60 inches (5 feet). 46
47
(7) Openings sufficient to facilitate automatic equalization of flood water hydrostatic forces 48 on exterior walls shall be provided in accordance with standards of Article 4, Section B(3)(a). 49 The Floodplain Administrator shall certify the lowest floor elevation level and the record shall 50 become a permanent part of the permit file. 51 52
(8) Fill within the area of special flood hazard shall result in no net loss of natural floodplain 53
storage. The volume of loss of floodwater storage due to filling in the special flood hazard area 54 shall be offset by providing an equal volume of flood storage by excavation or other 55 compensatory measures at or adjacent to the development site. Any excavation or other measures 56 taken for compensatory storage shall be properly designed to provide protection against erosion 57 or overgrowth of vegetation in order to preserve the storage volume. Proper maintenance 58 measures shall also be undertaken to ensure the intended storage volume remains in perpetuity. 59 SECTION E STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES) 60
61
Areas of Special Flood Hazard established in Article 2, Section B may include designated "AO" 62 shallow flooding areas. These areas have base flood depths of one to three feet (1'-3') above ground, 63 with no clearly defined channel. The following provisions apply: 64
1
(1) All new construction and substantial improvements of residential and nonresidential 2 structures shall have the lowest floor, including basement, elevated above the highest adjacent 3 grade at least as high as the depth number specified on the Flood Insurance Rate Map (FIRM) 4 plus one foot of freeboard. If no depth number is specified, the lowest floor, including 5 basement, shall be elevated at least three (3) feet above the highest adjacent grade. 6 Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in 7 accordance with standards of Article 4, Section B(3), “Enclosures for Elevated Buildings”. 8 9
The Floodplain Administrator shall certify the lowest floor elevation level and the record shall 10
become a permanent part of the permit file. 11 12 (2) New construction and the substantial improvement of a non-residential structure may be 13 flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary 14 facilities, must be designed to be water tight to the specified flood level in Article 4, Section 15
E(1) or three (3) feet (if no depth number is specified), above highest adjacent grade, with 16
walls substantially impermeable to the passage of water, and structural components having the 17
capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A 18
registered professional engineer or architect shall certify that the design and methods of 19
construction are in accordance with accepted standards of practice for meeting the provisions 20 above, and shall provide such certification to the official as set forth above and as required in 21 Article 3, Section B(1)(c) and (2). 22 23 (3) Drainage paths shall be provided to guide floodwater around and away from any proposed 24 structure. 25 26
SECTION F STANDARDS FOR SUBDIVISIONS 27
28
(1) All subdivision proposals shall be consistent with the need to minimize flood damage. 29 30 (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical 31 and water systems located and constructed to minimize flood damage. 32
33
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood 34 hazards, and; 35 36 (4) Base flood elevation data shall be provided for all new subdivision proposals and other proposed 37 development (including manufactured home parks and subdivisions), which is greater than fifty 38
lots or five acres; whichever is the lesser. 39
40
(5) All subdivision and other development proposals which involve disturbing more than 43,560 41
square feet of land shall include a stormwater management plan which is designed to limit peak 42 runoff from the site to predevelopment levels for the one, ten, and 100-year rainfall event. These 43 plans shall be designed to limit adverse impacts to downstream channels and floodplains. Single 44 residential lots involving less than one acre of land disturbance are not subject to this regulation. 45 46 (6) All preliminary plans for platted subdivisions shall identify the flood hazard area and the 47
elevation of the base flood. 48
49
(7) All final subdivision plats will provide the boundary of the special flood hazard area, the 50 floodway boundary, and the base flood elevations. 51 52 SECTION G. CRITICAL FACILITIES 53 54
Construction of new and substantially improved critical facilities shall be located outside the limits of 55
the special flood hazard area (one percent annual chance floodplain). Construction of new critical 56 facilities shall be permissible within the SFHA only if no feasible alternative site is available and 57 access to the facilities remains available during a 0.2 percent chance flood. 58 59
(1) Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet 60
above the base flood elevation at the site (or to the 0.2 percent chance flood elevation whichever 61
is greater). 62
63
(2) Floodproofing and sealing measures must be implemented to ensure that any and all on-site toxic 1
substances will not be displaced by or released into floodwaters. 2
3
(3) Multiple access routes, elevated to or above the 0.2 percent flood elevation, shall be provided to 4 all critical facilities to the maximum extent possible. 5 6
(4) Critical facilities must be protected to or above the 0.2 percent chance flood and must remain 7 operable during such an event. 8 a. The community’s flood response plan must list facilities considered critical in a flood. 9 b. Other facilities in low risk flood zones that may also be needed to support flood response 10 efforts must be included on the critical facility list. 11 12 (5) The use of any structure shall not be changed to a critical facility, where such a change in use 13
will render the new critical facility out of conformance with this section. 14
15 ARTICLE 5 16
VARIANCE PROCEDURES 17 18 SECTION A. DESIGNATION OF VARIANCE AND APPEALS BOARD 19
20
The Board of Zoning Adjustment as established by the City Council of the City of Prattville shall hear 21 and decide requests for appeals or variance from the requirements of this ordinance. 22 23 SECTION B. DUTIES OF BOARD 24
25
The Board shall hear and decide appeals when it is alleged an error in any requirement, decision, or 26 determination is made by the Floodplain Administrator in the enforcement or administration of this 27 ordinance. Any person aggrieved by the decision of the Board of Zoning Adjustment may appeal such 28 decision to the circuit court, as provided by law. 29
30 SECTION C. VARIANCE PROCEDURES 31 32 In reviewing requests for variance, the Board of Zoning Adjustment shall consider all technical 33 evaluations, relevant factors, and standards specified in other sections of this ordinance, and: 34
35
(1) Variances may be issued for development necessary for the conduct of a functionally dependent use, 36 provided the criteria of this Article are met, no reasonable alternative exists, the development is protected 37 by methods that minimize flood damage during the base flood, and it creates no additional threats to 38 public safety. 39
40 (2) Variances shall not be issued within any designated floodway if ANY increase in flood levels during the 41 base flood discharge would result. 42 43
(3) The evaluation must be based on the characteristics unique to that property and not be shared by adjacent 44 parcels. The characteristics must pertain to the land itself, not to the structure, its inhabitants, or its 45 owners. 46
47
(4) Variances should never be granted for multiple lots, phases of subdivisions, or entire subdivisions. 48 49
(5) The danger of life and property due to flooding or erosion damage including materials that may be swept 50 onto other lands to the injury of others. 51 52
(6) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage 53 on the individual owner and the community. 54 55
(7) The safety of access to the property during flood conditions for daily traffic and emergency vehicles. 56 57
(8) The importance of the services provided by the proposed facility to the community. 58
59
(9) The necessity of the facility to be at a waterfront location, where applicable. 60 61
(10) The compatibility of the proposed use with existing and anticipated development based on the 62 community’s comprehensive plan for that area. 63 64
(11) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the 1
effects of wave action, if applicable, expected at the site. 2 3
(12) The costs associated with providing governmental services to the development during and after flood 4
conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, 5 and water systems, and community infrastructure such as streets, bridges, and culverts. 6 7
Upon consideration of factors listed above, and the purpose of this ordinance, the Board of Zoning 8 Adjustment may attach such conditions to the granting of variances as it deems necessary to further the 9 purposes of this ordinance. 10 11 SECTION D. VARIANCES FOR HISTORIC STRUCTURES 12
13 Variances may be issued for the repair or rehabilitation of Historic Structures upon a determination 14 that the proposed repair or rehabilitation will not preclude the structure's continued designation as a 15 Historic Structure and the variance is the minimum to preserve the historic character and design of the 16 structure. 17
18 SECTION E. CONDITIONS FOR VARIANCES 19 20 The provisions of this Ordinance are minimum standards for flood loss reduction, therefore any 21 deviation from the standards must be weighed carefully. Variances shall only be issued upon a 22
determination that the variance is the minimum necessary, considering the flood hazard, to afford 23 relief. 24 25 (1) A variance may be issued for new construction and substantial improvements to be erected on a lot of 26 one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed 27
below the base flood level, in conformance with the procedures of Sections E(3), E(4), F(1) and F(2) of 28 this Article. 29 30
(2) In the instance of a Historic Structure, a determination is required that the variance is the minimum 31 necessary so as not to destroy the historic character and design of the building. 32 33 (3) A variance shall be issued ONLY when there is: 34 (a) A finding of good and sufficient cause; 35
(b) A determination that failure to grant the variance would result in exceptional hardship; 36
and 37 (c) A determination that the granting of a variance will not result in increased flood heights, 38 additional threats to public safety, extraordinary public expense, create nuisance, cause 39 fraud on or victimization of the public, or conflict with existing local laws or ordinances. 40 41 (4) A variance shall only be issued upon a determination that the variance is the minimum necessary, 42 considering the flood hazard, to afford relief. 43 44 (5) Variances shall not be issued “after the fact.” 45 46
SECTION F. VARIANCE NOTIFICATION AND RECORDS 47
48 (1) Any applicant to whom a variance is granted shall be given written notice over the signature of a 49 community official that specifies the difference between the base flood elevation and the elevation of the 50 proposed lowest floor and stating that the issuance of such a variance could: 51
a. result in rate increases in the hundreds and possibly thousands of dollars annually depending on 52 structure and site-specific conditions; and 53 b. increase the risk to life and property resulting from construction below the base flood level. 54 55
(2) The Floodplain Administrator shall maintain a record of all variance actions and appeal actions, including 56 justification for their issuance. Report any variances to the Federal Emergency Management Agency 57 Region 4 and the Alabama Department of Economic and Community Affairs/Office of Water Resources 58 upon request. 59 60 (3) A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the judge of probate 61 and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. 62 63 ARTICLE 6 64
DEFINITIONS 65
1
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to 2 give them the meaning they have in common usage and to give this ordinance its most reasonable 3 application. 4 5
A Zone means the Area of Special Flood Hazard without base flood elevations determined. 6 7 Accessory Structure (also referred to as appurtenant structures) means a structure which is 8 located on the same parcel of property as a principal structure to be insured and the use of which is 9 incidental to the use of the principal structure. They should constitute a minimal initial investment, 10
may not be used for human habitation, and be designed to have minimal flood damage potential. 11
These structures are used solely for parking (two-car detached garages or smaller) or limited storage 12 (small, low cost storage sheds). They are included under the general definition of structure and are 13 consequently subject to all floodplain management regulations pertaining to structures. 14 15
Addition (to an existing building) means any improvement that increases the square footage of a 16
structure. These include lateral additions added to the front, side, or rear of a structure, vertical 17 additions added on top of a structure, and enclosures added underneath a structure. NFIP regulations 18 for new construction apply to any addition that is considered a perimeter expansion or enclosure 19 beneath a structure. If it is considered to be a substantial improvement (more than 50% of market 20
value) to a structure, the existing structure will also need to be treated as new construction. 21
22 Depending on the flood zone and details of the project, the existing building may not have to be 23 elevated. The determining factors are the common wall and what improvements are made to the 24 existing structure. If the common wall is demolished as part of the project, then the entire structure 25
must be elevated. If only a doorway is knocked through it and only minimal finishing is done, then 26
only the addition has to be elevated. 27 28 AE Zone means the Area of Special Flood Hazard with base flood elevations determined. 29 30
AH Zone means an area of one percent chance of shallow flooding where depths are between one to 31
three feet (usually shallow ponding), with base flood elevations shown. 32 33 AO Zone means an area of one percent chance of shallow flooding where depths are between one to 34 three feet (usually sheet flow on sloping terrain), with depth numbers shown. 35
36 Appeal means a request for a review of the Floodplain Administrator’s interpretation of any provision 37 of this ordinance. 38 39 AR/AE, AR/AH, AR/AO, and AR/A Zones means a flood zone that results from the decertification 40
of a previously accredited flood protection system or levee that is in the process of being restored to 41
provide a one percent chance or greater level of flood protection. After restoration is complete, these 42 areas will still experience residual flooding from other flooding sources. 43 44 A99 Zone means that part of the special flood hazard area inundated by the one percent annual chance 45
flood to be protected from the one percent chance flood by a Federal flood protection system or levee 46
under construction, no base flood elevations are determined. 47 48 Area of shallow flooding means a designated AO or AH Zone on a community's Flood Insurance 49 Rate Map (FIRM) with base flood depths from one to three feet, and/or where a clearly defined 50
channel does not exist, where the path of flooding is unpredictable and indeterminate, and where 51 velocity flow may be evident. 52 53 Area of special flood hazard (also see “Special flood hazard area”) means the land in the floodplain 54 within a community subject to a one percent or greater chance of flooding in any given year. In the 55
absence of official designation by the Federal Emergency Management Agency, Areas of Special 56 Flood Hazard shall be those designated by the local community and referenced in Article 2, Section B. 57 58 Base flood means the flood having a one percent chance of being equaled or exceeded in any given 59 year (also referred to as the “one percent chance flood”). 60
61 Base flood elevation means the computed elevation to which floodwater is anticipated to rise during 62 the base flood. It is also the elevation of surface water resulting from a flood that has a 1% chance of 63 equaling or exceeding that level in any given year. Base Flood Elevations are shown in the FIS and on 64
the Flood Insurance Rate Map (FIRM) for zones AE, AH, A1–A30, AR, AR/A, AR/AE, AR/A1– A30, 1
AR/AH, AR/AO, V1–V30 and VE. 2 3 Basement means any portion of a building having its floor sub grade (below ground level) on all sides. 4 5
Building (also see Structure) means (1) A structure with 2 or more outside rigid walls and a fully 6
secured roof, that is affixed to a permanent site; or (2) a manufactured home (a “manufactured home,” 7 also known as a mobile home, is a structure built on a permanent chassis, transported to its site in 1 or 8 more sections, and affixed to a permanent foundation); or (3) a travel trailer without wheels, built on a 9 chassis and affixed to a permanent foundation, that is regulated under the community’s floodplain 10
management and building ordinances or laws. 11
12 Community means a political entity and/or its authorized agents or representatives that have the 13 authority to adopt and enforce floodplain ordinances for the area under its jurisdiction. 14 15
Community Rating System (CRS) means a program developed by the Federal Insurance 16
Administration to provide incentives for those communities in the Regular Program that have gone 17 beyond the minimum floodplain management requirements to develop extra measures to provide 18 protection from flooding. 19 20
Critical facility (aka, critical action) means facilities for which the effects of even a slight chance of 21
flooding would be too great. The minimum floodplain of concern for critical facilities is the 0.2 22 percent chance flood level. Critical facilities include, but are not limited to facilities critical to the 23 health and safety of the public such as: emergency operations centers, designated public shelters, 24 schools, nursing homes, hospitals, police, fire and emergency response installations, vital data storage 25
centers, power generation and water and other utilities (including related infrastructure such as 26
principal points of utility systems) and installations which produce, use or store hazardous materials or 27 hazardous waste (as defined under the Clean Water Act and other Federal statutes and regulations). 28 29 D Zone means an area in which the flood hazard is undetermined. 30
31 Dam means any artificial barrier, including appurtenant works, constructed to impound or divert water, 32 waste water, liquid borne materials, or solids that may flow if saturated. All structures necessary to 33 maintain the water level in an impoundment or to divert a stream from its course will be considered a 34 dam. 35
36 Development means any man-made change to improved or unimproved real estate, including, but 37 not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, 38 drilling operations, or storage of equipment or materials. 39 40
Dry Floodproofing means any combination of structural and nonstructural additions, changes, or 41
adjustments to structures, which reduce or eliminate flood damages to real estate or improved real 42 estate property, water, and sanitary facilities, structures, and their contents. Structures shall be 43 floodproofed with a minimum of 12 inches above the base flood elevation (more is recommended). 44 Dry floodproofing of a pre-FIRM residential structure that has not been substantially damaged or 45
improved is allowed. Dry floodproofing of a post-FIRM residential building is not allowed. Non-46
residential structures may be dry floodproofed in all flood zones with the exception of the Coastal High 47 Hazard Area or the Coastal AE Zone. 48 49 Elevated building means a non-basement building which has its lowest elevated floor raised above 50
ground level by foundation walls, pilings, posts, columns, piers, or shear walls. 51 52 Elevation Certificate means a FEMA form used as a certified statement that verifies a building’s 53 elevation information. 54 55 Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, 56 structures or development into a floodplain, which may impede or alter the flow capacity of a 57 floodplain. 58 59 Existing Construction means any structure for which the "start of construction" commenced before 60
August 1, 1978, or before January 1, 1975, for FIRMs effective before that date. Existing construction 61 may also be referred to as existing structures. 62 63
Existing manufactured home park or subdivision means a manufactured home park or subdivision 1
for which the construction of facilities for servicing the lots on which the manufactured homes are to 2 be affixed (including at a minimum the installation of utilities, the construction of streets, and final site 3 grading or the pouring of concrete pads) is completed before August 1, 1978. 4 5
Expansion to an existing manufactured home park or subdivision means the preparation of 6
additional sites by the construction of facilities for servicing the lots on which the manufactured homes 7 are to be affixed, including the installation of utilities, the construction of streets, and either final site 8 grading or the pouring of concrete pads. 9 10
Flood or flooding means a general and temporary condition of partial or complete inundation of 11
normally dry land areas from: 12 13 a. The overflow of inland or tidal waters; or 14 b. The unusual and rapid accumulation or runoff of surface waters from any source. 15 c. Mudslides which are proximately caused by flooding as described in part “b.” of 16
this definition and are akin to a river of liquid and flowing mud on the surfaces of 17
normally dry land areas, as when earth is carried by a current of water and deposited along 18
the path of the current. 19
d. The collapse or subsidence of land along the shore of a lake or other body of water 20
as a result of erosion or undermining caused by waves or currents of water exceeding 21 anticipated cyclical levels or suddenly caused by an unusually highwater level in a natural 22 body of water, accompanied by a severe storm, or by an unanticipated force of nature, 23 such as flash flood or an abnormal tidal surge, or by some similarly unusual and 24 unforeseeable event which results in flooding as defined in part “a.” of this definition. 25 26 Flood Hazard Boundary Map (FHBM) means an official map of a community, issued by the Federal 27
Insurance Administration, where the boundaries of areas of special flood hazard have been designated 28
as Zone A. 29 30 Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Federal 31 Emergency Management Agency has delineated the areas of special flood hazard and/or risk premium 32
zones applicable to the community. 33
34 Flood Insurance Study/ Flood Elevation Study means an examination, evaluation and determination 35 of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, 36 evaluation and determination of mudslide and/or flood-related erosion hazards. 37
38 Floodplain means any land area susceptible to being inundated by water from any source. 39 40 Floodplain management means the operation of an overall program of corrective and preventive 41 measures for reducing flood damage and preserving and enhancing, where possible, natural resources 42
in the floodplain, including but not limited to emergency preparedness plans, flood control works, 43 floodplain management regulations, and open space plans. 44 45 Floodplain management regulations means this ordinance and other zoning ordinances, subdivision 46 regulations, building codes, health regulations, special purpose ordinances, and other applications of 47
police power which control development in flood-prone areas. This term describes federal, state, or 48 local regulations in any combination thereof, which provide standards for preventing and reducing 49 flood loss and damage. 50 51 Floodproofing means any combination of structural and nonstructural additions, changes or 52
adjustments to structures, which reduce or eliminate risk of flood damage to real estate or improved 53
real property, water and sanitation facilities or structures with their contents. 54 55 Floodway (Regulatory Floodway) means the channel of a river or other watercourse and the adjacent 56 land areas that must be reserved in order to discharge the base flood without cumulatively increasing 57
the water surface elevation more than a designated height. 58 59 Floodway fringe means that area of the special flood hazard area on either side of the regulatory 60 floodway. 61 62
Flood Protection Elevation means the base flood elevation plus the community freeboard. In areas 63
where no base flood elevations exist from any authoritative source, the flood protection elevation can 64
be historical flood elevations or base flood elevations determined and/or approved by the floodplain 1
administrator plus freeboard. 2 3 Freeboard means a factor of safety usually expressed in feet above the Base Flood Elevation 4 (BFE) for purposes of floodplain management which tends to compensate for the many unknown 5
factors that could contribute to flood heights greater than the height calculated for a selected size 6
flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect 7 of urbanization of the watershed. Used to determine the level for a building's lowest floor 8 elevation or level of floodproofing required to be in compliance with the community's floodplain 9 management regulations. 10
11 Functionally dependent facility means a facility which cannot be used for its intended purpose unless 12 it is located or carried out in close proximity to water. The term includes only docking facilities, port 13 facility that are necessary for the loading and unloading of cargo or passengers, and shipbuilding, and 14 ship repair facilities. The term does not include long-term storage or related manufacturing facilities. 15
16 Hardship (as related to variances of this ordinance) means the exceptional difficulty that would result 17 from a failure to grant the requested variance. The City of Prattville requires that the variance is 18 exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship 19 alone is NOT exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal 20
preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional 21
hardship. All of these problems can be resolved through other means without granting a variance, even 22 if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel 23 to a different use than originally intended. 24 25
Highest adjacent grade means the highest natural elevation of the ground surface, prior to 26
construction, next to the proposed walls of a structure. 27 28 Historic Structure means any structure that is; 29 30
a. Listed individually in the National Register of Historic Places (a listing 31
maintained by the U.S. Department of Interior) or preliminarily determined by the 32
Secretary of the Interior as meeting the requirements for individual listing on the National 33
Register: 34 b. Certified or preliminarily determined by the Secretary of the Interior as 35 contributing to the historical significance of a registered historic district or a district 36 preliminarily determined by the Secretary to qualify as a registered historic district: 37 c. Individually listed on a state inventory of historic places and determined as 38 eligible by states with historic preservation programs which have been approved by the 39 Secretary of the Interior; or 40
d. Individually listed on a local inventory of historic places and determined as 41
eligible by communities with historic preservation programs that have been certified 42
either: 43
i. By an approved state program as determined by the Secretary of the Interior, or 44
ii. Directly by the Secretary of the Interior in states without approved programs. 45 46 Letter of Map Change (LOMC) is an official FEMA determination, by letter, to amend or revise 47 effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance 48 Studies. LOMC’s are broken down into the following categories: 49
50 Letter of Map Amendment (LOMA) 51 An amendment based on technical data showing that a property was incorrectly included in a 52 designated SFHA, was not elevated by fill (only by a natural grade elevation), and will not be 53 inundated by the one percent chance flood. A LOMA amends the current effective FIRM and 54
establishes that a specific property is not located in a SFHA. 55 56 Letter of Map Revision (LOMR) 57 A revision based on technical data that, usually due to manmade changes, shows changes to 58 flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. 59
One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or 60 parcel has been elevated by fill above the BFE and is, therefore, excluded from the SFHA. 61 62 Conditional Letter of Map Revision (CLOMR) 63
A formal review and comment by FEMA as to whether a proposed project complies with the 1
minimum NFIP floodplain management criteria. A CLOMR does not revise effective Flood 2 Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies. 3 4 Levee means a man-made structure, usually an earthen embankment, designed and constructed in 5
accordance with sound engineering practices to contain, control, or divert the flow of water so as to 6
provide protection from temporary flooding. 7 8 Levee System means a flood protection system which consists of a levee, or levees, and associated 9 structures, such as closure and drainage devices, which are constructed and operated in accordance 10
with sound engineering practices. 11
12 Lowest adjacent grade means the point of the ground level immediately next to a building. This may 13 be the sidewalk, patio, deck support, or basement entryway immediately next to the structure after the 14 completion of construction. It does not include earth that is placed for aesthetic or landscape reasons 15
around a foundation wall. It does include natural ground or properly compacted fill that comprises a 16
component of a building’s foundation system. 17 18 Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished 19 or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area 20
other than a basement, is not considered a building's lowest floor, provided that such enclosure is not 21
built so as to render the structure in violation of other provisions of this ordinance. 22 23 Manufactured home means a building, transportable in one or more section, built on a permanent 24 chassis and designed to be used with or without a permanent foundation when connected to the 25
required utilities. The term also includes park trailers, travel trailers, and similar transportable 26
structures placed on a site for 180 consecutive days or longer and intended to be improved property. 27 28 Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into 29 two or more manufactured home lots for rent or sale. 30
31 Market value means the property value (as agreed between a willing buyer and seller), excluding the 32 value of land as established by what the local real estate market will bear. Market value can be 33 established by independent certified appraisal; replacement cost depreciated by age of building (Actual 34 Cash Value); or adjusted assessed values. 35
36 Mean Sea Level means the average height of the sea for all stages of the tide. It is used as a reference 37 for the base flood elevations shown on a community’s Flood Insurance Rate Map (FIRM). For 38 purposes of this ordinance, the term is synonymous with National Geodetic Vertical Datum (NGVD) 39 of 1929, North American Vertical Datum (NAVD) of 1988, or other datum. 40
41
National Flood Insurance Program (NFIP) means the federal program that makes flood insurance 42 available to owners of property in participating communities nationwide through the cooperative 43 efforts of the Federal Government and the private insurance industry. 44 45
National Geodetic Vertical Datum (NGVD) means as corrected in 1929 is a vertical control used as 46
a reference for establishing varying elevations within the floodplain. 47 48 New construction means ANY structure (see definition) for which the "start of construction" 49 commenced after August 1, 1978 and includes any subsequent improvements (including additions) to 50
such structures. 51 52 53 New manufactured home park or subdivision means a manufactured home park or subdivision for 54 which the construction of facilities for servicing the lots on which the manufactured homes are to be 55
affixed (including at a minimum, the installation of utilities, the construction of streets, and either final 56 site grading or the pouring of concrete pads) is completed on or after August 1, 1978. 57 58 Non-Residential means, but is not limited to; small business concerns, churches, schools, farm 59 buildings (including grain bins and silos), pool houses, clubhouses, recreational buildings, mercantile 60
structures, agricultural and industrial structures, warehouses, and hotels and motels with normal room 61 rentals for less than 6 months duration. 62 63
North American Vertical Datum (NAVD) of 1988 means a vertical control, corrected in 1988, used 1
as a reference for establishing varying elevations within the floodplain. 2 3 Obstruction means, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, 4 abutment, protection, excavation, channel construction, bridge, culvert, building, wire, fence, rock, 5
gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any 6
watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of 7 water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its 8 likelihood of being carried downstream. 9 10
One Percent Flood (aka 100-Year Flood) is the flood that has a one percent chance of being equaled 11
or exceeded in any given year. Any flood zone that begins with the letter A or V is subject to 12 inundation by the one percent chance flood. Over the life of a 30-year loan, there is a 26-percent 13 chance of experiencing such a flood within the SFHA. 14 15
Participating Community is any community that voluntarily elects to participate in the NFIP by 16
adopting and enforcing floodplain management regulations that are consistent with the standards of the 17 NFIP. 18 19 Post-FIRM Construction means new construction and substantial improvements for which start of 20
construction occurred after December 31, 1974, or on or after the effective date of the initial FIRM of 21
the community, whichever is later. 22 23 Pre-FIRM Construction means new construction and substantial improvements for which start of 24 construction occurred on or before December 31, 1974, or before the effective date of the initial FIRM 25
of the community, whichever is later. 26
27 Probation means an action taken by FEMA to formally notify participating communities of the first of 28 the two NFIP sanctions due to their failure to correct violations and deficiencies in the administration 29 and enforcement of the local floodplain management regulations. 30
31 Public safety and nuisance means anything which is injurious to the safety or health of an entire 32 community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free 33 passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. 34 35
Recreational vehicle means a vehicle which is: 36
37 a. Licensed and titled as a recreational vehicle or park model; 38 b. Built on a single chassis; 39 c. 400 square feet or less when measured at the largest horizontal projection; 40 d. Has no attached deck, porch, or shed; 41
e. Has quick-disconnect sewage, water, and electrical connectors; 42
f. Designed to be self-propelled or permanently towable by a light duty truck; and 43
44
g. Designed primarily not for use as a permanent dwelling but as temporary living 45 quarters for recreational, camping, travel, or seasonal use. 46 47 Regular Program means the second phase of the community’s participation in the NFIP in which 48 second layer coverage is available based upon risk premium rates only after FEMA has completed a 49 flood risk study for the community. 50
51 Regulatory floodway see Floodway. 52 53 Remedy a violation means to bring the structure or other development into compliance with State or 54
local floodplain management regulations, or, if this is not possible, to reduce the impacts of its 55
noncompliance. Ways that impacts may be reduced include protecting the structure or other affected 56 development from flood damages, implementing the enforcement provisions of the ordinance or 57 otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the 58 structure or other development. 59
60 Repetitive Loss means flood-related damages sustained by a structure on two separate occasions 61 during a 10-year period for which the cost of repairs at the time of each such flood event, on the 62 average, equals or exceeds 25 percent of the market value of the structure before the damages 63 occurred. 64
1 Repetitive Loss Property means any insurable structure for which two or more claims of more than 2 $1,000 were paid by the National Flood Insurance Program (NFIP) within any rolling 10-year period, 3 since 1978. At least two of the claims must be more than ten days apart but, within ten years of each 4 other. A repetitive loss property may or may not be currently insured by the NFIP. 5
6 Section 1316 means no new flood insurance policy or federal disaster assistance shall be provided for 7 any property which the Administrator finds has been declared by a duly constituted State or local 8 zoning authority or other authorized public body, to be in violation of State or local laws, regulations 9 or ordinances which are intended to discourage or otherwise restrict land development or occupancy in 10
floodprone areas. If the structure is made compliant with the applicable community’s floodplain 11
management ordinance, then the Section 1316 declaration can be rescinded by the community and 12 flood insurance and disaster assistance eligibility restored. 13 14 Severe Repetitive Loss Structure means any insured property that has met at least one of the 15 following paid flood loss criteria since 1978, regardless of ownership: 16
17
a. Four or more separate claim payments of more than $5,000 each (including building and 18
contents payments); or 19 b. Two or more separate claim payments (building payments only) where the total of the 20 payments exceeds the current market value of the property. 21 22 In either case, two of the claim payments must have occurred within ten years of each other. Multiple 23 losses at the same location within ten days of each other are counted as one loss, with the payment 24
amounts added together. 25
26 Special flood hazard area (SFHA) means that portion of the floodplain subject to inundation by the 27 base flood and/or flood-related erosion hazards as shown on a FHBM or FIRM as Zones A, AE, AH, 28 AO, AR, AR/AE, AR/AO, AR/AH, AR/A, A99, or VE. 29 30 Start of construction (for other than new construction or substantial improvements under the Coastal 31
Barrier Resources Act (Pub. L. 97-348)) means the date the development or building permit was issued 32
(includes substantial improvement), provided the actual start of construction, repair, reconstruction, or 33 improvement was within 180 days of the permit date. The actual start means the first placement of 34 permanent construction of the structure (including a manufactured home) on a site, such as the pouring 35 of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of 36
excavation, and includes the placement of a manufactured home on a foundation. 37
38 “Permanent construction” does not include initial land preparation, such as clearing, grading and 39 filling; nor does it include the installation of streets and/or walkways; nor does it include excavation 40 for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include 41
the installation on the property of buildings appurtenant to the permitted structure, such as garages or 42
sheds not occupied as dwelling units or part of the main structure. (NOTE: accessory structures are 43 NOT exempt from any ordinance requirements). For a substantial improvement, the actual start of 44 construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, 45 whether or not that alteration affects the external dimensions of the building. 46
47 Structure means a walled and roofed building, including a liquid or gas storage tank, that is 48 principally above ground, as well as a manufactured home. 49 50 Substantial damage means damage of any origin sustained by a structure whereby the cost of 51
restoring the structure to it before damaged condition would equal or exceed 50 percent of the market 52
value of the structure before the damage occurred. Substantial damage also means flood related 53 damages sustained by a structure on two separate occasions during a 10-year period for which the cost 54 of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the 55 market value of the structure before the damages occurred. 56
57 Substantial improvement means any combination of reconstruction, alteration, or improvement to a 58 building, taking place during a 10-year period, in which the cumulative percentage of improvement 59 equals or exceeds 50 percent of the current market value of the structure before the “start of 60 construction” of the initial improvement. Any subsequent improvement project costs shall be added to 61
the initial costs for the initial improvement project. At the end of a 10-year period from the initial 62
improvement project, an updated valuation for the structure can be used for the next time period. 63 64
For the purposes of this definition, "substantial improvement" is considered to occur when the first 1
alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not 2 that alteration affects the external dimensions of the building. The term does not, however, include 3 either: 4 a. Any project for improvement of a structure to correct existing violations of state or local health, 5
sanitary, or safety code specifications which have been identified by the local code enforcement 6
official and which are the minimum necessary to assure safe living conditions (provided that said 7
code deficiencies were not caused by neglect or lack of maintenance on the part of the current or 8
previous owners) or; 9
10 b. Any alteration of a “historic structure”, provided that the alteration will not preclude the 11 structure’s continued designation as a “historic structure”. 12 13 Substantially improved existing manufactured home parks or subdivisions is where the repair, 14
reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 15
percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement 16 commenced. 17 18 Suspension means the removal, with or without probation, of a participating community from the NFIP 19
because the community failed to adopt and enforce the compliant floodplain management regulations 20
required for participation in the NFIP. 21 22 Variance means a grant of relief from the requirements of this ordinance which permits construction 23 in a manner otherwise prohibited by this ordinance. 24
25 Violation means the failure of a structure or other development to be fully compliant with the 26 community's floodplain management regulations. A structure or other development without the 27 elevation certificate, other certifications, or other evidence of compliance required in the Code of 28 Federal Regulations (CFR) §44, Sec. 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) and 29
corresponding parts of this ordinance is presumed to be in violation until such time as that 30 documentation is provided. 31 32 Watercourse means any flowing body of water including a river, creek, stream, or a branch. 33 34
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum 35 (NGVD) of 1929, the North American Vertical Datum (NAVD) of 1988, (or other datum, where 36 specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine 37 areas. 38 39
Wet floodproofing means a method of construction which allows water to enter a structure in such a 40 way that will minimize damage to the structure and its contents. Wet floodproofing is appropriate for 41 functionally dependent use and uses that facilitate open space use by variance only, structures utilized 42 for parking or limited storage, or when all other techniques are not technically feasible. Wet 43 floodproofing shall not be utilized as a method to satisfy the requirements of this ordinance for 44
bringing substantially damaged or improved structures into compliance. Wet floodproofing is not 45 allowed in lieu of complying with the lowest floor elevation requirements for new residential 46 buildings. 47 48 X Zones (shaded) are areas of 0.2 percent chance flood that are outside of the SFHA subject to the 49
one percent chance flood with average depths of less than one foot, or with contributing drainage area 50
less than one square mile, and areas protected by certified levees from the base flood. 51 52 X Zones (unshaded) are areas determined to be outside the 0.2 percent chance floodplain. 53 Zone means a geographical area shown on a Flood Hazard Boundary Map or a Flood Insurance Rate 54
Map that reflects the severity or type of flooding in the area. 55 56 57 ARTICLE 7 58
SEVERABILITY 59
60
If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or 61 unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect 62 the validity of the remaining portions of this Ordinance. 63
ALL other provisions of these Chapters of the Code of Ordinances not herein amended shall 1
2 remain in full force and effect. 3 4 THIS Ordinance shall become effective upon its passage and publication as required by law. 5 6
7 ADOPTED THIS 16TH DAY OF FEBRUARY, 2021. 8 9 10 ______________________________ 11
By: Gerald “Jerry” Starnes, President 12
Prattville City Council 13 14 AUTHENTICATED 16TH DAY OF FEBRUARY, 2021. 15 16 17
______________________________ 18 By: Lisa Terrill 19 City Clerk 20 21 APPROVED: 22
23 24 ______________________________ 25 By: Bill Gillespie, Jr. 26 Mayor 27
28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51
52 53 54 55 56
57 58 59 60 ORDINANCE BOOK 2021, PAGE ___ 61
62