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HomeMy WebLinkAboutO-668ORDINANCE NO. 668 FLOOD DAMAGE PREVENTION ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: ARTICLE I STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES SECTION A. STATUTORY AUTHORIZATION The Legislature of the State of Alabama in the Code of Alabama, Title 11, Chapter 45, Section 1 has delegated the responsibility to municipal corporations to adopt regulations designed to promote the public health, safety, and general welfare of the citizenry. SECTION B. FINDINGS OF FACT 1. The flood hazard areas of the City of Fairhope are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and of governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. 2. These flood losses are caused by the cumulative effect of ob- structions in flood plains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood -proofed, or otherwise protected from flood damages. SECTION C. STATEMENT OF PURPOSE It is the intent of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion or in flood heights or velocities; 2. require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3. control the alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accomodation of flood waters; 4. control filling, grading, dredging and other development which may increase erosion or flood damage, and; 5. prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. SECTION D. OBJECTIVES The objectives of this ordinance are: 1. to protect human life and health; 2. to minimize expenditure of public money for costly flood control projects; 3. to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. to minimize prolonged business interruptions; 5. to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in flood plains; 6. to help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to mini- mize future flood blight areas, and; 7. to insure that potential home buyers are notified that property is in a flood area. ARTICLE II. DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. APPEAL means a request to the Board of Adjustments and Appeals of the 6-RD. W -P4&g a o f l6 City of Fairhope for an interpretation of this ordinance or for the review of any administrative action or decision under this ordinance by any administrative official of the City, or a request for a variance. AREA OF SHALLOW FLOODING means a disignated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. AREA OF SPECIAL FLOOD HAZARD is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. BASE FLOOD means the flood having a one percent chance of being equalled or exceeded in any given year. BREAKAWAY WALLS means any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material, which are not part of the structural support of the building and which are designed to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. COASTAL HIGH HAZARD AREA means the area subject to high velocity waters, including, but not limited to, hurricane wave wash or tsunamis. The area is designated on the FIRM as Zones V1-30. DEVELOPMENT means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations. EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVSION means a parcel or contiguous parcels of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed is completed before the effective date of this ordinance. EXPANSION TO AN EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION means bRQ. 44 9 ''i,4(,e 3 aR l4 the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed, including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets. FOOD or FLOODING means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1. the overflow of inland or tidal waters; 2 the unusual and rapid accumulation of runoff of surface waters from any source. FLOOD HAZARD BOUNDARY MAP (FHBM) means an official map of a community, issued by the Federal Insurance Administration, where the boundaries of the areas of special flood hazard have been designated as Zone A. FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY is the official report providedby the Federal Insurance Administration. The report contains flood profiles, as well as the Flood Hazard Boundary-Floodway Map and the water surface elevation of the base flood. FLOODWAY means the 6h wnTie1. of river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. FLOOR means any floor useable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. MEAN SEA LEVEL means the average height of the sea for all stages of tide MOBILE HOME means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. NEW CONSTRUCTION means structures for which the "start of construction" commenced on or after the effective date of this ordinance. NEW MOBILE HOME PARK OR MOBILE HOME SUBDIVISION means a parcel or con- o-Rp. 468f `?ftC�r 4 1� /� tiguous parcels of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed is completed on or after the effective date of this ordinance. SAND DUNES means the naturally occurring accumulations of sand in ridges or mounds landward of the beach. START OF CONSTRUCTION means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation, including the relocation of a structure. Permanent construction does not include the installation of streets and/or walkways, nor does it include the excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of con- struction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed is completed. STRUCTURE means a walled and roofed building that is principally above ground, as well as a mobile home. SUBSTANTANTIAL IMPROVEMENT means, for a structure built prior to the enactment of this ordinance, any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either, (1) before the improvement or re- pair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any G RD. LI S , PA�ti � o project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. VARIANCE is a grant of relief to a person from the requirei5tents of this ordinance which permits construction in a manner otherwise prohibited by this ordinance where specific enforcement would result in unnecessary hardship. ARTICLE III. GENERAL PROVISIONS SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of Fairhope. SECTION B. BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Insurance Administration in its Flood Hazard Boundary Map (FHBM), No. 01-10, dated May 24, 1974 and subsequent revisions thereto are adopted by reference and declared to be a part of this ordinance; or the areas of special flood hazard identified by the Federal Insurance Administration through a "Flood Insurance Study for the City of Fairhope" with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps and any revision thereto are hereby adopted by reference and are included herein. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A development permit shall be required in conformance with the provisions of this ordinance. SECTION D. COMPLIANCE No structure or land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations. SECTION E. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. aRn. Wf ?M-c 4 bf 14 SECTION F. INTERPRETATION In the interpretation of this ordinance all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body, and; (3) deemed neither to limit nor to repeal any other powers granted under state statutes. SECTION G. WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare oc- casions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from ,flooding or flood damages. This ordinance shall not create liability on the part of the City of Fairhope or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any adminis- trative decision lawfully made thereunder. SECTION H. PENALTIES FOR VIOLATION Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than FIVE HUNDRED DOLLARS ($500.00) or im- prisoned for not more than 180 days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation con- tinues shall be considered a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION I. REMEDIES In the event that any building or structure is to be erected, constructed, reconstructed, altered, converted or otherwise in violation of this ordinance, the Building Official or other appropriate authority may, in addition to other remedies, seek injunction, mandamus or other ap- propriate action or proceeding to prevent such unlawful erection, con- struction, reconstruction, alteration, conversion, maintenance or use; or o n? . %6 f ?A(,E 7 4 14 to correct or abate such violation or to prevent the occupancy of said building, structure or land. Each and every day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use continues shall be deemed a separate offense. ARTICLE IV. ADMINISTRATION AND ENFORCEMENT SECTION A. DESIGNATION OF BUILDING OFFICIAL The Building Official of the City of Fairhope is hereby appointed to ad- minister and enforce the provisions of this ordinance. SECTION B. DUTIES AND POWERS OF THE BUILDING OFFICIAL Duties of the Building Official shall include the following: 1. Review all permits to assure that the permit requirements of this ordinance have been satisfied. 2. Advise applicant of any additional federal or state permits known to be required and require submission of copies of same before permit is issued. 3. In the event of alteration or relocation of any watercourse, assure that maintenance is provided within the altered or re- located watercourse so that the flood carrying capacity is not diminished. 4. Require that the applicant for a permit furnish written certifi- cation by a registered engineer of the actual elevation in relation to mean sea level of the lowest floor (including basement) of all new or substantially improved structures, and, where applicable, the actual elevation to which new or substantially improved structures have been flood -proofed. 5. In Coastal High Hazard Areas the permittee shall furnish writtren certification from a registered professional engineer or architect that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash, and that breakaway walls, if any, are designed in compliance with the requirements of this ordinance. 6. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard, the Building Official shall submit the question to the Board of Adjustments and Appeals and request an interpretation by the Board. Any person aggreived by the Board's decision may appeal as provided OR0. 64go 1'�t&,- 9 o1 14 by state law. 7. All records pertaining to the provisions of this ordinace shall be maintained by the Building Official in his care and custody and shall be open for public inspection. SECTION C. PERMIT PROCEDURES Applications for permits shall be made to the Building Official on forms furnished by him and shall be accompanied by plans drawn to scale and in sufficient detail to show the nature, location, dimensions and elevations of the area in question and existing and proposed structures, fill, storage of materials, drainage facilities and utilities with the location of same clearly indicated. The following specific information is required and must bear the seal and certification of a registered professional engineer or architect: 1. Elevation of the building site and proposed elevation of the lowest floor (including basement) of structures to be erected. Also elevation of the lowest floor of any existing structures. (All elevations shall be certified relative to mean sea level) 2. Elevation to which any non-residential structure has been flood - proofed. 3. Provide a certificate that non-residential flood -proofing meets the minimum requirements of this ordinance. 4. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed building or development. SECTION D. VARIANCE PROCEDURES AND INTERPRETATIONS The Board of Adjustments and Appeals of the City of Fairhope shall hear and decide appeals and requests for variances and special exceptions when it is alledged that there is error in any requirement, decision or determi- nation made by the Building Official in the enforcement and administration of this ordinance, or where an interpretation of the provisions of this ordinance is sought. Any person aggrieved by the decision of the Board may appeal to the Circuit Court as provided in the Code of Alabama, 1975, Section 11-52-81. In passing upon applications for variances and special exceptions to the requirements of this ordinance, the Board shall consider all technical evaluations, all relevant factors, standards specified elsewhere in this ordinance, and: DRD. 46� ?146-E 9 c� 14 1. the danger that materials may be swept onto other lands to the injury of others; 2. the danger to life and property duato flooding or erosion damage; 3. the susceptibility of the proposed facility and its contents to flood damage and the effects of such damage on the owner; 4. the importance of the services provided by the proposed facility to the community; 5. the necessity of the facility to a waterfront location, where applicable; 6. the availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; 7. the compatibility of the proposed use with existing and antici- pated development; 8. the relationship of the proposed use to the comprehensive plan and flood plain management program for that area; 9. the safety of access to the property in times of flood for ordinary and emergency vehicles 10. the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site, and; 11. the costs of providing governmental services during and after flood conditions including maintenance of and repair of public utilities and facilities; 12. Generally, variances may be granted for new construction and sub- stantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided items 1-11 above have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for granting the variance increases. Upon consideration of the factors listed above and the purposes of this ordinance,the Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. Variances shall not be granted within any designated floodway if any in- crease in flood levels during the base flood discharge would result. Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Variances shall not be granted except upon: 1. a showing of good and sufficient cause 2. a determination that failure to grant the variance would result in exceptional hardship to the applicant 3. a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. Any applicant to whom a variance is granted shall be given notice in writing specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. The Building Official shall maintain the records of all appeal actions as a public record. GR�. KGB, ?.4GE 16 ARTICLE V. PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure 2. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 3. All new construction or substantial improvements shall be construct( by methods and practices that minimize flood damage. 4. All new and replacement water supply systems shall be designed to mizimize or eliminate infiltration of flood waters into the system. S. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. 6. On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 7. Any alteration, repair, reconstruction, or improvements to a struct�re on which the start of construction was begun after the effective daP of this ordinance, shall meet the requirements of "new construction' as contained in this ordinance. SECTION B. SPECIFIC STANDARDS In all areas of special flood hazard where base flood elevation data has bee provided as set forth in this ordinance, the following provisions are requir�d: 1. Residential Construction New construction or substantial improvemen of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. 2. Non-residential Construction New construction or substantial impr ment of any commercial, industrial or other non-residential structu� shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, be flood -proofed so that below the base flood level the structure is water tight with walls substantially impermeable to the passage of water and with structural components Navin; the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architei kt 6 R a G691 ?i iGE 1/ 07 /6 shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in this ordinance. I.) Mobile Homes a. No mobile home shall be placed in a floodway or Coastal High Hazard Area, except in an existing mobile home park or existing mobile home subdivision. b. All mobile homes shall be anchored to resist flotation, collapse or lateral movement by providing over -the -top and frame ties to ground anchors. Specific requirements shall be that: i. over -the top ties be provided at each end of the mobile home, with one additional tie per side at an intermediate location on mobile homes of less than fifty feet and one additional tie per side of mobile homes of fifty feet or more. ii.frame ties be provided at each corner of the home with four additional ties per side at intermediate points for mobile homes less than fifty feet long and one additional tie for mobile homes of fifty feet or longer; iii. all components of the anchoring system be capable of carrying a force of 4,800 pounds; and, iv.any additions to the mobile home be similarly anchored. C. For new mobile home parks and subdivisions; for expansions to existing mobile home parks and subdivisions; for existing mobile home parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty percent of value of the streets, utilities and pa before the repair, reconstruction or improvement has commenced; and, for mobile homes not placed in a mobile home park or subdivision require: i.stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; 131 oRD. d48, ���E /a a-� /� ii adequate surface drainage and access for a hauler are provided; and, iii in the instance of elevation on pilings: (1) lots are large enough to permit steps; (2) piling foundations are placed in stable soil no more than ten feet apart; and, (3) reinforcement is provided for pilings more than six feet above the ground level. 4. Floodways Located within areas of special flood hazard established in this ordinance are areas designated as floodways. Since the tloodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion poten- tential, the following provisions shall apply: 4. Prohibit encroachments, including fill, new construction, sub- stantial improvements and other developments unless certificat by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any incre in flood levels during occurrence of the base flood discharge. b. If Article V., Section B 4-a, is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article V. c. Prohibit the placement of any mobile homes, except in an existing mobile home park or existing mobile home subdivision. 5. Coastal High Hazard Areas(V Zones) Located within the areas of special flood hazard established in Article III, Section B, are areas designated as Coastal High Hazard Areas. These areas have sp flood hazards associated wave wash, therefore, the following provisions shall apply: a. All buildings or structures shall be located not less than 50 feet landward of the reach of the mean high tide. b. All buildings or structures shall be elevated so that the lowest supporting member is located no lower than(14 feet above)the base flood elevation level, with all space below the lowest supporting member open so as not to impede the flow of water. Open lattice work or decorative screening may be permitted for 1 ORD, GGgi ?,4(-e /3 6-� l4 aesthetic purposes only and must be designed to wash away in the event of abnormal wave action and in accordance as set forth in this ordinance. c. All buildings or structures shall be securely anchored on pilings or columns. d. Pilings or columns used as structural support shall be designed and anchored so as to withstand all applied loads of the base flood flow.) e. Compliance with provisions contained in this ordinance shall be certi fied to by a registered professional engineer or architect. f. There shall be no fill used as structural support. g. There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage. h. Lattice work on decorative screening shall be allowed below the base flood elevation provided they are not part of the structural support of the building and are designed so as to breakaway, under abnormally high tides or wave action, without damage to the struct- ural integrity of the building on which they are to be used and the following design specifications are met: 1 No solid walls shall be allowed 2 Material shall consist of wood or mesh screening only. i. If aesthetic lattice works or screening are utilized, such enclosed space shall not be used for human habitation. j. Prior to construction, plans for any structure that will have lattice work or decorative screening must be submitted to the building official for approval. k. Prohibit the placement of mobile homes, except in an existing mobile home park or existing mobile home subdivision. 1. Any alteration, repair, reconstruction or improvement to a structure shall not enclose the space below the lowest floor except for lattice work or decorative screening as provided for in this ordinan SECTION C. STANDARDS FOR AREAS OF SHALLOW FLOODING(AO ZONES Located within the areas of special flood hazard established in Article III, Section B, are areas designated as shallow flooding. These areas have M special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisi apply: 1. All new construction and substantial improvements of residential structures have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the community's FIRM. 2, All new construction and substantial improvements of non-residential structures shall: a. have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number speci- fied on the FIRM, or b, together with attendant utility and sanitary facilities be com- pletely flood -proofed to or above that level so that any space below that level is watertight with walls substantially imper- meable to the passage of water and with structural components ha the capability of resisting hydrostatic and hydrodynamic loads a effects of bouyancy. SECTION D, STANDARDS FOR SUBDIVISION PROPOSALS 1. All subdivision proposals shall be consistent with the need to minimize flood damage. 2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems. 3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. 4. Base flood elevation data shall be provided for subdivision pro- posals and other proposed development which is greater than the lesser of fifty lots or five acres. ARTICLE VI SEVERABILITY AND VALIDITY Each provision of this ordinance is severable from all other provisions and should any provision herein be declared unconstitutional or invalid by the courts, such declaration shall not affect any other provision of this ordinance. 6RD. 6681 ?flG-E /5 o4 14 A L�-j ig ARTFCLE VII, EFFECTIVE DATE This ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS THE 9th DAY OF March 1981. ATTEST: 4kC- ity raw", 'James P. Nix, Mayor i b RR L 4 9r ?�('e X J 14