HomeMy WebLinkAboutO-1281ORDINANCE NO. 1281
AN ORDINANCE TO PROMOTE THE SAFETY, HEALTH AND
WELFARE OF RESIDENTS OF THE CITY OF FAIRHOPE,
ALABAMA BY AMENDING ORDINANCE NO. 1129
BUILDING CODE ORDINANCE OF THE CITY OF FAIRHOPE, ALABAMA
BE IT ORDAINED by the City Council (the "Council") of the City of Fairhope,
Alabama (the "City"), as follows:
Section 1. Findings. Having made due and proper investigation of the matters
hereinafter referred to, the Council has ascertained and does hereby find and declare that it
has become necessary for the Council to amend the City's Municipal Code as hereinafter set
forth in order to protect and preserve the health, welfare and safety of the City.
Section 2. Traffic Amendment. The Municipal Code of the City is hereby
amended by adding a new Section 7-17. Section 7-17 of the Municipal Code shall provide as
follows:
Section 7-17. Traffic Requirements.
Before the Building Official issues any building permit for any building or structure,
other than a single-family residential building or structure, the applicant for such permit shall
demonstrate to the Building Official, as a part of the building permit application process,
compliance with the following:
(a) If any state right-of-way or any improvement thereon is proposed to be
changed or modified, a detailed Highway Improvements Plan, with the written
approval of the responsible official of the Alabama Highway Department, showing all
existing features within the rights -of -way and all proposed changes, including, but not
limited to, changes in traffic patterns, markings, signs, curbs and barriers, neutral
zones, signals, warnings, plantings and landscaping. There shall be submitted with
and as a part of the plan a written statement setting forth means proposed for traffic
control and safety during construction and for restoration of the site. All of the
foregoing shall also apply to rights -of -way controlled by the county, except that the
County Engineer's written approval shall be provided as a part of the building permit
application.
(b) If, in the reasonable judgment of the Building Official, the building
that is the subject of a building permit application will have a material effect on the
traffic in the area surrounding the site, the Building Official shall require the building
permit applicant to submit and include as a part of its application trip generation data
showing the projected average daily traffic ("ADT") in a 24-hour period and
projected peak -hour traffic generated by the development. Peak hour traffic shall
generally be the hours between 7 A.M. and 9 A.M. for morning and 4 P.M. and 6
P.M. for the evening and including the consecutive 60 minute segment in which
traffic counts are projected to occur. In instances where the proposed application will
have peak periods that differ from the general peak periods above, the Building
Official may require that the analysis be conducted for the alternative peak periods.
Trip generation data shall be based on the most recent edition of the Institute of
Traffic Engineer's Trip Generation Manual or actual data about similar developments
in Alabama with the same types of uses and site conditions. A traffic study shall be
required for all building permit applications that will generate an ADT count of 2,000
trips or more, or which will generate 100 trips or more during any peak hour period.
An agent selected by the Building Official and paid for by the building permit
applicant shall perform the traffic study. The traffic study shall include the following
data along with an analysis of the data:
(1) estimates of trip generation for the proposed development
showing projected inbound and outbound vehicle trips for morning and
evening peak periods and a typical hour not in the peak period;
(2) projected traffic impact and trip distribution on existing and
planned streets within the development and areas likely to be impacted by the
development;
(3) assignment of trips generated by the proposed development on
existing and planned streets within the development and areas likely to be
impacted by the development;
(4) intersection turning movements and traffic counts on all
existing and planned intersections likely to be impacted by the proposed
development; and
(5) potential mitigating measures or trip reduction options.
(c) The traffic study shall be used by the Building Official to determine
what on -site and off -site street or traffic improvements may be necessary due to the
construction of the building that is the subject of the application. The Building
Official may condition the approval of the building permit application on the
applicant paying for or constructing those improvements or portions of improvements
that are needed due to the traffic impact of the building that is the subject of the
permit application.
(d) In the event the applicant is seeking multiple building permits for one
parcel of property or adjacent parcels of property as part of a common plan of
development, the Building Official may take into consideration the potential
cumulative effect of said multiple buildings in connection with the enforcement of the
requirements of this Section 7-17.
(e) Notwithstanding anything contained in this Section 7-17 to the
contrary, no Certificate of Occupancy will be issued for the building that is the
subject of such application until the improvements required by the Building Official
as a condition to the building permit, if any, are completed.
(f) In the event the property on which the proposed building or structure
that is the subject of the building permit application has been a part of a previous
subdivision that was approved by the Fairhope Planning Commission and/or the
Fairhope City Council, as applicable, and, in connection with said subdivision,
compliance was made with the traffic regulations of the Fairhope Subdivision
Regulations, which are currently codified at Subsection C.1.h. of Article IV of said
Subdivision Regulations, the Building Official shall take into consideration said
compliance with the Subdivision Regulations in addressing the applicant's
compliance with this Section 7-17. Notwithstanding the foregoing, if the Building
Official determines in accordance with subparagraph (b) hereof that the building that
is the subject of a building permit application will have a material effect on the traffic
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in the area surrounding the site, then compliance with this Section 7-17 shall be a
condition to the issuance of a building permit.
Section 3. Stormwater Amendment. The Municipal Code of the City is hereby
amended by adding a new Section 7-18. Section 7-18 of the Municipal Code shall provide as
follows:
Section 7-18. Stormwater Requirements.
(a) Purpose — These storm water standards shall implement the master
plan for the physical development of the City by setting the location, character and
extent of open spaces and facilities for waterways and stormwater runoff, discharge,
retention and detention. This design and arrangement shall promote the health, safety
and general welfare, and promote safety from inundation and erosion caused by
stormwater runoff. These standards shall promote the following goals in the Master
Plan: (i) plan, provide and maintain efficient and effective infrastructure that
promotes orderly growth and environmentally sound practices to meet the future
needs of the community and to support land use goals; (ii) promote a sustainable
future that meets today's needs without compromising the ability of future
generations to meet their needs; and (c) encourage and develop connections between
environmental quality and economic vitality.
(b) Liabili — The design criteria herein establishes minimum elements of
design which must be implemented with good engineering and good construction
practices. Use of information herein for placement of any structure, for use of any
land, or any design basis shall not constitute a representation, guaranty, or warranty of
any kind by the City of Fairhope or its agents, officers, employees or elected officials
of the practicability, adequacy or safety of design.
(c) Submittal Requirements —
(i) Minimum Requirements — All proposed applicants shall
demonstrate compliance with this Section 7-18, in addition to all other
applicable local, state and federal laws and regulations, by submitting a
minimum of two (2) copies of the following plans and calculations:
(1) A Drainage Plan demonstrating adequate provision for
storm and flood water control by channel, conduit or basins, which
takes into account the ultimate or saturated development of the
tributary area in which the proposed site is located, and which
includes but shall not be limited to:
(A) Contour map of proposed development areas,
with both existing and finish contours at not greater than two -
foot intervals;
(B) Existing drainage systems, including any
structures immediately down stream that may be affected by
the project;
(C) Proposed drainage system, including onsite and
offsite drainage areas;
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(D) Structure location, type and size, slope, c.f.s.,
elevations of inlet and outlet, velocity, headwater evaluation,
tail -water elevation, etc., relative to the project;
(E) Differential runoff calculations for pre -
development and post -development conditions;
(F) the effect of the project on existing upstream
and downstream facilities; and
(G) Other pertinent information necessary for
review of the drainage pans as may be required by the
Building Official in the exercise of his reasonable discretion.
(2) An Erosion and Sediment Control Plan which includes,
but shall not be limited to:
(A) architectural and engineering drawings, maps,
assumptions, calculations, and narrative statements as required
to accurately describe the development and measures taken to
meet the objectives of storm -water management.
(B) date on historical runoff, development runoff,
detention pond details, and method of discharge.
(3) a Maintenance Plan for maintenance of detention
facilities during development and documents providing for continued
maintenance after completion of the project, such documents running
as a covenant with the land.
(4) Basic Design Data and calculations including routing
calculations in legible tabulated form and proof of adequacy of
volume of retention and sizing computations for low flow structures.
(5) evidence of application to the Alabama Department of
Environmental Management of issuance of NPDES Permit, or permits
from any other agency, where required; and
(6) any additional engineering information the Building
Official deems necessary to make a decision on building permit
applications where adequacy of drainage is reasonably questioned.
(ii) Adverse Effects — Where it can be reasonably anticipated that
additional quantity or velocity of runoff from development of a project will
overload existing downstream drainage facilities, approval shall be withheld
until there is submitted to the Building Official a plan to mitigate damage to
downstream property which would or might result from the building permit
application under consideration. Down stream drainage structures should be
considered when sizing detention outfall structures, with proof of this
submitted to the Building Official. The hydraulic elevations resulting from
the channel detention shall not adversely affect adjacent properties.
(iii) Additional Engineering Plans and Calculations —
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(1) In every case where new streets are to be constructed,
and in cases where the proposed building that is the subject of the
application will have frontage only upon existing rights -of -way and
there exists in the opinion of the Building Official the potential for
damage from uncontrolled storm -water runoff, the applicant shall
include in its plans the design and calculations required for adequate
control of stormwater.
(2) For projects not exceeding 200 acres, routing
calculations shall be in legible tabulated form. Proof of adequacy of
volume of retention and sizing computations for low flow structures
shall be submitted. For projects exceeding 200 acres, the applicant
shall provide detailed, documented verification of adequacy of design.
(3) No proposals for under -sizing shall be submitted
except with plans and profiles of the entire undersized downstream
area with convincing evidence that the hydraulic gradients proposed
will not adversely affect existing facilities maintained by the City or
Baldwin County.
(4) A special design drawing shall be submitted for any
single drainage structure 20 square feet in area, or larger.
(iv) Certifications and Seals —
(1) All plans and design calculations submitted shall bear
the seal, original signature, name, address and telephone number and
certification of the project engineer, who shall be registered to practice
as a Professional Engineer in the State of Alabama and who is
qualified by reason of education and experience in the field of
stormwater design.
(2) The engineer shall seal and sign each sheet of the plan
assembly.
(3) The engineer shall affix his certification to the first
sheet of each plan assembly and design calculation, which certificate
shall read substantially as follows:
"ENGINEER'S CERTIFICATE
I, the undersigned, a Registered Professional
Engineer in the State of Alabama holding Certificate
Number , hereby certify that I have
reviewed the design herein which was done under my
direct control and supervision and that, to the best of
my professional knowledge and to the best of my
belief, conforms to the requirements of Section 7-18
of the City of Fairhope Municipal Code and to all
other rules, regulations, laws, and ordinances
applicable to my design.
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Project Engineer
Date
Name of Project to which this Certificate Applies
Plans which are certified consist of Page _ thru
each of which bears my seal and signature."
(d) Flow Control —
(i) Scope of Design — All proposed projects shall be provided
with adequate storm -water drainage facilities. The applicant shall provide a
design adequate to control storm -water runoff volume and velocity, based
upon a 25-year, 24-hour storm event. In general, the applicant shall use
design storm criteria based on the site -specific conditions that relate to
protection of life and property. Culverts shall generally accommodate a 25-
year storm frequency under arterial roadways; bridges shall accommodate
storm frequency of 50 years. When deemed necessary, the Building Official
may require a storm frequency design as great a 100 years.
(ii) Design Standards and Calculations — The method of
determining storm -water runoff, plans and designs shall be based on
principles of good engineering practice and the following standards:
(1) Calculations shall be based on the Rational Method (Q
= cia) for small basins, up to 100 acres, where:
Q = estimated peak discharge in cubic feet per second
c = coefficient of runoff (from table below)
1= rainfall intensity, inches per hour, for a design storm derived from
the time of concentration
tc = time of concentration in minutes, from figure 4-13 of the
Alabama Department of Transportation of Hydraulic Manual, attached
as Appendix D to the City's Subdivision Regulations.
a = drainage area in acres
Recommended values for "c" may be found in table 4-2 of the
Alabama Department of Transportation Hydraulics Manual, attached
as Appendix E to the City's Subdivision Regulations. It is
recommended that the intensity, "1" be obtained from the Intensity -
Duration -Frequency curve for Mobile produced by the National
Weather Bureau.
(2) When the proposed project lies within a large
watershed where flows from upstream drainage areas are passing
through the proposed development, a rainfall -runoff model such as the
Soil Conservation Service (SCS) technical release 20 (TR-20) should
be used to calculate offsite flow. Flow should be calculated using a
25-year, 24-hour rainfall, the depth of which can be obtained from
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SCS Technical Release 55 (TR-55). This flow shall be taken into
account when designing detention outfall structures if the upstream
flow passes through the proposed detention pond. The effects of (and
on) upstream and downstream ponds in the watershed shall be
analyzed.
(3) All proposed conduits or channels shall be of sufficient
capacity to accommodate potential runoff from developed area,
including the entire upstream drainage area. The applicant shall
include in its submittals evidence that it has included in its design the
tributary areas. If an existing channel runs through a proposed
project, the applicant must consider this flow when designing
detention and outfall structure.
(4) In general, inlets shall be provided so that surface
water is not carried across any intersection, nor for a distance of more
than 600 feet in the gutter. When calculations indicate that gutter
capacities are at maximum, catch basins shall be used to intercept the
flow at that point.
(5) Open channels and ditches shall be so designed as not
to create a traffic hazard or to cause erosion. The minimum slope for
paved ditches shall be 0.5 percent and for non -paved ditches shall be
one percent. Maximum design flow velocities shall conform to the
current edition of the Alabama Highway Department Hydraulics
Manual.
(6) Cleanout access shall be provided at a maximum
spacing of 300 feet for pipes 24 inches or less in diameter and 400 feet
for pipes exceeding 24 inches. Cleanouts shall also be provided at
each change in line and grade.
(7) Concrete box culverts shall be designed and
constructed according to requirements of the Alabama Department of
Transportation Standard Specifications for Highway Constructions,
current, and the Alabama Department of Transportation Special
Standard Highway Drawings.
(iii) Site Facilities —
(1) The applicant shall be required to carry away, by pipe
or open channel, any spring or surface water existing prior to or as a
result of the project. Adequate provisions shall be made within the
project for required drainage facilities.
(2) Where a public storm water system is available, the
applicant shall be required to connect its facilities thereto. If no
public outlet exists, the applicant shall recommend means to
adequately dispose of storm water runoff.
(3) The storm and sanitary sewer plans shall be made prior
to other utility plans.
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(4) The storm -water system shall be separate from and
independent of any sanitary sewer system.
(iv) Conformity with Other Standards — All drainage facilities shall
be constructed in conformity with state specifications and all other sate and
federal laws and regulations.
(v) Flood Prone Areas —
(1) Low lying lands along watercourses subject to flooding
or overflowing shall be included in the drainage and shall not be
available for improvements except as specifically authorized by the
City's flood control ordinance.
(2) Low areas subject to periodic inundation and areas
subject to excessive erosion shall not be developed or subdivided
unless and until the Building Official may establish that: the nature of
the land use proposed would not tend to be damaged appreciably by
water; the area may be filled or improved in such a manner as to
prevent periodic inundation; minimum floor elevations may be
established such as to prevent damage to buildings or structures; and
there is adequate provision to eliminate such flooding.
(vi) Lands Outside the City - Within the extra -territorial police
jurisdiction of the City of Fairhope, all engineering plans shall be subject to
the more restrictive requirement of these provisions or of Baldwin County's
Storm Water Management Plan. In those areas, the County Engineer's review
shall be completed and his certificate of review shall accompany all plans
submitted to the Building Official. The following outline is provided to help
insure that certain critical elements of design are in compliance with the
objectives of design:
(1) Volume of retention for entire project
(2) Tributary (Q) peak runoff to basin
(3) Balanced maximum outflow rate from low flow
structure
(4) Ratios of inflow to outflow (differential rates)
(5) Sizing of overflow facilities
(6) Stability of dikes
(7) Safety features
(8) Maintenance features
(e) Erosion Control -
(i) Surface water runoff originating upgrade of exposed areas
shall be controlled to reduce erosion and sediment loss during periods of
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exposure. All land disturbing activities shall be planned so as to minimize
off -site sedimentation damage.
(ii) No grading or earth moving operations shall commence until
erosion and sedimentation control measures shall have been implemented.
(iii) All disturbed areas shall be stabilized as quickly as is
practicable with permanent vegetation and erosion/sediment control measures.
The duration of exposure to erosive elements shall be kept to a minimum.
(iv) Detention ponds shall be stabilized by means of grassing,
sodding, erosion control netting, or a combination thereof. Sediment shall be
removed from the pond prior to acceptance, and any disturbed areas shall be
re -grassed. The use of red clay as a means of stabilizing detention ponds is
prohibited.
(v) Temporary vegetation and/or mulching shall be provided to
protect exposed high -risk erosion areas during development.
(vi) When the increase in peak rates and velocity of storm -water
runoff resulting from a land disturbing activity is likely to cause damaging
accelerated erosion of the receiving channel, plans shall include measures to
control velocity and rate of release so as to minimize damage to the channel.
(vii) No land disturbing activity shall be permitted in proximity to a
lake, natural watercourse or adjacent property unless a buffer zone is provided
along the boundary thereof to confine visible siltation and to prevent erosion;
provided, however, that this prohibition shall not prevent such activity
undertaken as a part of the construction of such lake or watercourse channel.
(viii) The angle for graded slopes and fills shall not exceed that
which can be retained by vegetation cover or other adequate erosion control
methods. Provision shall be made for planting or otherwise protecting slopes
within the shortest possible time from exposure thereof.
(ix) Erosion and sedimentation control measures, structures and
devices shall provide control from the calculated post -development peak
runoff. Runoff rates and computations may be calculated from procedures
contained in the "National Engineering Field Manual for Conservation
Practices" and shall be based on rainfall data published by the National
Weather Service for the area and/or official local records.
(x) The applicant shall provide for permanent protection of onsite
or adjacent stream banks and channels from the erosive effects of increased
velocity and volume of storm -water runoff resulting from land disturbing
activities.
(f) Detention and Retention Facilities —
(i) A combination of storage and controlled release shall be
required for road construction, nonresidential projects of one acre or more,
multifamily residential projects of five acres or more, and single-family
projects of ten acres or more. (The effective acreage for a project is not
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limited to a fractional part of the total concept; even though developed in
phases, it is the total area of the conceptual plans which governs. Storage and
controlled release facilities may be required on smaller projects if it is
determined in the Building Official's discretion that the intensity of the
project could cause offsite storm water flow impacts during or after
development. In all cases, post -development release rates shall not exceed
that of predevelopment. Design shall be such as to insure that detention
facilities will survive overtopping occurring for any reason, including
clogging of controlled outlets or the 100-year storm event. Detention
facilities shall have controlled release structures that closely match
predevelopment runoff rates of the two-year through 100-year storm events.
Calculations and design of the structures shall show that the outfall structures
have been designed for staged release rates (two-year, ten-year, 25-year, 50-
year, and 100-year).
(ii) Such facilities shall be owned, operated and maintained by the
owner of the property that is the subject of the building permit application and
shall not be accepted for maintenance by the City or any other governing
body. The burden shall be on the applicant and its engineer to provide
evidence in support of any proposal to alter or modify the requirement for
detention.
(iii) Detention facilities shall be provided with obvious and
effective control structures. Plan view, sections and details of structure shall
be included in submittals. Sizing of the low flow pipe shall be by inlet
control or hydraulic gradient requirements. Low flow pipe shall be not
smaller than eight inches in diameter, except in parking lot and roof retention
where the size shall be designed for the particular application as approved by
the Building Official.
(iv) The overflow opening or spillway shall be designed to accept
the total peak runoff of the improved tributary area. Proper engineering
judgment, with 25-year, 50-year or greater storm frequencies considered, shall
be exercised in secondary routing of discharge greater than the basic design
storm for the protection of downstream properties.
(g) Location and Easements —
(i) Drain ways, whether conduit or open channel, shall be located
within the right-of-way insofar as is practicable.
(ii) Where topography or other conditions render impracticable the
inclusion of drainage within road right-of-way, perpetual unobstructed
easements not less than fifteen feet (15') in width shall be provided across the
property with access to the road right-of-way. Such easements shall be clearly
delineated on a survey and an easement agreement, in form and substance
reasonably satisfactory to the Building Official, shall be executed by the
applicant wherein the easement areas are dedicated to public use as drainage
easements, with provision for maintenance by the landowner(s). The City
shall not maintain such easements.
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(iii) Off premises drainage easements and improvements lying
outside the proposed project area may be required of the applicant to handle
runoff into a natural drainage channel.
(iv) Where a project is traversed by a watercourse, drain -way,
channel or stream, there shall be provided a storm -water easement conforming
substantially to the lines of such water course and of such width and
construction as is adequate for the intended purpose, including maintenance
operations.
(v) No storm water detention shall be located in public right-of-
way for any private development project.
(h) Maintenance
(i) Acceptance for maintenance by the public of lakes or ponds
which constitute a part of storm water drainage control is generally
prohibited. Any decision to the contrary must originate with the City Council.
(ii) Maintenance outside the street right-of-way shall be the
responsibility of the owner of the property that is the subject of the building
permit application for the continued maintenance of common areas. No
formal acceptance of streets and utilities shall be made by the City Council
and no building permits shall be issued until the applicant has made
provisions for continued maintenance of such common areas, including off-
street drainage and detention. As part of the application submittal, the owner
of the property that is the subject of the building permit application shall
verify in writing that it shall be responsible for continual maintenance.
(iii) All erosion and sedimentation protection facilities shall be
regularly maintained as required to insure that they function effectively.
Failure to provide the required maintenance shall constitute grounds for
suspension of approval and any permit to construct until maintenance of the
work is properly pursued.
(iv) Means for perpetual maintenance of the facilities shall be
established by the owner of the property that is the subject of the building
permit application as a condition prerequisite to approval of the development
by the Building Official.
(i) Construction Standards
(i) Scope of Work — The scope of work shall consist of furnishing
all labor and materials necessary to complete the work as designed and
approved. The Work includes, but is not limited to, grading, channel
adjustment or relocation, installation of culverts and bridges, construction of
retention structures and ponds, erosion and sedimentation protection
measures, dikes, diversion of flow, ditch -checks, seeding, sodding, planting,
fertilizing, excavation, backfill and general supervision of the Work.
(ii) Control of the Work —
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(1) The Work shall at all times be subject to inspection by
the project engineer and Building Official, or his agents and
employees, and/or any other Agency which has jurisdiction or
regulatory oversight of the project. Where work is found not to be in
conformity with these regulations, Alabama Department of
Transportation Standard Specifications for Highway Constructions,
current edition, or applicable law, the work shall be suspended on the
written order of the project engineer or of the Building Official until
work is brought into conformity. All work shall meet the more
restrictive requirements of these regulations or of any other applicable
rules or laws.
(2) Persons engaged in performance of the Work shall take
all necessary precautions and shall provide adequate safeguards and
measures for protection of the Work and of the public and shall save
harmless the City and its officers, employees, agents and elected
officials from any and all claims for damages arising or which might
arise from the prosecution of the Work.
(iii) Incidental Work —
(1) The contractor shall at all times provide for protection
of the public such barricades, signs, lights or other warnings as may
be required by conditions of the Work. In the event that a hazardous
condition exists and the contractor fails to provide adequate
protection, or in an emergency, the City shall take the action necessary
to protect the Work and the public and the cost thereof shall be
assessed against the holder of the building permit.
(2) Any disturbed area within public rights -of -way shall be
reconstructed to the condition prevailing before being disturbed.
Where connection or other modification to existing publicly
maintained structures is necessary, the contractor shall restore such
structure to its former condition.
(3) Riprap shall be placed by the contractor at the
upstream and downstream ends of culverts as directed by the Project
Engineer.
(4) All reservoir and open channel areas shall be seeded,
fertilized and mulched, sodded, paved, or lined as shown on the plans.
The contractor shall employ such measures as are necessary for
control of erosion and sediment and the protection of adjacent
properties during construction. The contractor shall also maintain all
retention ponds and flow control structures during construction so as
to protect adjacent properties. General maintenance of the Work shall
be the contractor's responsibility until final acceptance thereof.
(iv) Licenses and Bonds — Contractors shall have appropriate State
and local licenses for the type of work he or she will be performing. The
contractor shall also obtain a Performance Bond and a Labor and Materials
Bond, or provide a letter of credit. A Maintenance Bond in accordance with
City Code Section 10-2(f) shall also be furnished.
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(v) General Specifications —
(1) Any item of work not covered by the specifications
herein shall conform to the minimum requirements of Alabama
Department of Transportation Standard Specifications for Highway
Constructions, current edition and any requirements of the Alabama
Department of Environmental Management.
(2) Where the plans require open ditches they shall be
constructed with a maximum slope of 2:1 unless the plans provide
otherwise. Ditches shall have flat bottoms. All roadway cross
drainpipe shall be a minimum diameter of 18 inches and shall be
reinforced concrete culvert meeting state specifications. Other
culverts shall conform to state specifications.
(3) Culverts shall be placed in excavated trench to the line
and grade shown on the plans. The maximum width of the excavated
trench shall not exceed the outside diameter of the culvert by more
than one-half the diameter on either side of the pipe.
(4) Material for backfill of culvert trenches shall consist of
small diameter uniform material and shall be free of large rock or
other unsuitable material. Backfill shall be placed in uniform lifts not
exceeding eight inches in thickness and shall be compacted to not less
than 95% relative density. Backfill shall be placed uniformly on each
side of the culvert. All pipe shall be laid in conformity to state
specifications.
(5) Not less than 12 inches cover shall be placed over any
culvert 48 inches or less in diameter and 24 inches of cover shall be
placed over pipes exceeding 48 inches in diameter. When a battery of
pipes is used, a clear spacing of one-half the pipe diameter shall be
provided between adjacent pipes. Wherever possible, box culverts
should be used in lieu of multiple pipes
(6) Maximum allowable cover, pipe class and strength
requirements shall conform to manufacturer's recommendations and
state specifications.
(7) No pipe less than 18 inches in diameter shall be used
within public roadways or streets.
(8) Headwalls of reinforced concrete shall be constructed
on all pipe culverts and shall conform to the plans and state
specifications.
(9) In the event that the Building Official or the project
engineer determines that significant erosion or sedimentation is
occurring because of land disturbing activity, the contractor shall stop
all construction and take necessary protective action.
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(vi) Warranty after Completion — All facilities subject to
acceptance for maintenance by the public, if any, shall be warranted for a
period of two years after date of acceptance by the applicant. A surety bond
guaranteeing such maintenance shall be a condition precedent to acceptance
for maintenance by the governing body.
(vii) Applicability of General Law and Regulations — All plans and
the Work shall fully conform to all rules, regulations, codes, laws, and
ordinances which may reasonably apply thereto. In the event of conflict
between provisions, the most restrictive provision shall apply.
(viii) As Built Drawings — A copy of the construction as -built
drawings stamped by the engineer shall be submitted to the Building Official
as verification that the project has been built in accordance with his or her
design.
0) Multiple Buildings. In the event the applicant is seeking multiple
building permits for one parcel of property or adjacent parcels of property as part of a
common plan of development, the Building Official may take into consideration the
potential cumulative effect of said multiple buildings in connection with the
enforcement of the requirements of this Section 7-18.
(k) Certificate of OccupancX—No Certificate of Occupancy will be issued
for the building that is the subject of such application until the improvements
necessary to conform the project to the requirements of this Section 7-18, if any, are
completed.
(1) Construing with Subdivision Regulations — In the event the property
on which the proposed building or structure that is the subject of the building permit
application has been a part of a previous subdivision that was approved by the
Fairhope Planning Commission and/or the Fairhope City Council, as applicable, and,
in connection with said subdivision, compliance was made with the stormwater
regulations of the Fairhope Subdivision Regulations, which are currently codified at
Subsection F of Article V of said Subdivision Regulations, then the property that is
the subject of said building permit application shall be deemed to have already
complied with the stormwater regulations of this Section 7-18 and no further action
shall be required by the applicant with respect to the issue of compliance with this
Section 7-18 for purposes of obtaining a building permit.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portions hereof.
Section 5. Effective Date. This Ordinance shall take effect immediately upon its
due adoption and publication as required by law.
APPROVED AND ADOPTED by the Counc _phis 28`" day of November , 2005.
I1
M.
4n� 14,
Geniece W. Johnson,
14