HomeMy WebLinkAbout03-06-2024 City Council Work Session Packet
CITY OF FAIRHOPE
CITY COUNCIL WORK SESSION AGENDA
Wednesday, March 6, 2024 - 4:30 PM
City Council Chamber
Council Members
Kevin G. Boone
Jack Burrell
Jimmy Conyers
Corey Martin
Jay Robinson
1. Fairhope East Elementary School Presentation by Principal Christina Stacey
2. Discussion of the 2024 Flood Damage Prevention Ordinance by Erik Cortinas
3. Committee Updates
4. Department Head Updates
City Council Agenda Meeting – 5:30 p.m. on Wednesday, March 6, 2024
City Council Chamber
Next Regular Meeting – Thursday, March 21, 2024 – Same Time Same Place
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CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-265
FROM: Erik Cortinas, BUILDING OFFICIAL/FLOODPLAIN ADMINISTRATOR
SUBJECT: 2024 Flood Damage Prevention Ordinance
AGENDA
DATE:
March 6, 2024
RECOMMENDED ACTION:
To present the revised 2024 Flood Damage Prevention Ordinance to Council that is
required by FEMA and State OWR.
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
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City of Fairhope, Alabama
FLOODPLAIN DEVELOPMENT ORDINANCE
{ADOPTION DATE}
D raft copy for OWR review
REVIEWERS NOTES:
Document is forma tt ed in lega l size (8.5x 14) and page numbers correspond to that size
Blue is model o rdinance s uggested requ ir ements to be kept in th e final ordinance
Bald block str il,ethraugh is removing ordinance language and replacing with C ity specific
requirements
Bold Red is more restrictive language added by C ity of Fairhope
Prepared by:
Ste ven E. Cortinas
Building Official / Floodplain Administrator
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ALABAMA MODEL FLOODPLAIN DEV E LOPMENT ORDINANCE GU ID E -RIVERINE
TABLE OF CONTENTS
ARTICLE 1
ARTICLE 2
ARTICLE 3
ARTICLE 4
ARTICLE 5
ARTICLE 6
ARTICLE 7
Aug ust 20 23 Ed i tion
PAGE
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE &
OBJECTIVES .................................................................................................... 3
SECTION A: STATU TORY AUT HORI ZATION ............................................................. 3
SECTION B: FIND INGS OF FACT ............................................................................... 3
SECTION C: STATEMENT OF PURPOSE .................................................................... 3
SECT ION D: OBJECTIVES ........................................................................................... 4
GENERAL PROVISIONS .................................................................................. 4
SECT ION A: LAND S TO WHICH THI S ORDINANCE APPLIES ...................................... 4
SECTION B: BASIS FOR SPECIAL FLOOD HAZARD AREAS ......................................... 4
SECTI ON C: ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT ................ 5
SECTION D: COMPLIANCE ....................................................................................... 5
SECT ION E: ABROGATION AND GREATER RESTRICTIONS ....................................... 5
SECTION F: INTERPR ETATION ................................................................................. 5
SECTION G: WARNING AND DISCLAIMER OF LIABILITY .......................................... 5
SECTI ON H: PENALTIES FOR VIOLATION ................................................................. 5
SECTION I: SAVINGS CLAUSE ................................................................................... 8
ADMINISTRATION ......................................................................................... 9
SECTION A: DESIGNATION OF FLOODPLAIN ADM INI STRATOR .............................. 9
SECTION B: PER MIT PROCEDURES .......................................................................... 9
SECTI ON C: DUTIES AND RESPONS IBILITIES OF THE FLOODPLAIN
ADMINISTRATOR ............................................................................. 11
PROVISIONS FOR FLOOD HAZARD REDUCTION ........................................... 15
SECT ION A: GENERAL STANDARDS ......................................................................... 15
SECTION B: SPECIFIC TECHNICAL STANDARDS ....................................................... 16
SECTION C: FLOODWAYS ........................................................................................ 23
SECTI ON D: BUILDI NG STANDA RD S FOR STREAMS WITHOUT ESTABLISHED
BASE FLOOD ELEVATIONS ............................................................... 24
SECT ION E: STANDARDS FOR AREAS OF SHALLOW FLOODING .............................. 25
SECTI ON F: STANDARDS FOR COA STAL HIGH HA ZARD AREAS (V -ZONES) ............. 26
SECTION G: STANDARDS FOR SUBDI VIS ION S AND OTHER DEVELOPMENT ........... 28
SECTION H: CRITICAL FACILITIES ............................................................................. 28
VARIANCE PROCEDURES ............................................................................... 29
SEC TION A: DE SIGNATION OF VARIANCE AND APPEALS BOARD ........................... 29
SECTION B: DUTIES OF BOARD ............................................................................... 29
SECTION C: CONDITIONS FOR VARIANC ES ............................................................. 29
SECTION D: VARIANCE PROCEDURES ..................................................................... 30
SECTION E: VARIANCES FOR HISTORIC STRUCTURES ............................................. 31
SECT ION F: VARIANCE NOTIF ICATION AND RECORDS ............................................ 31
DEFINITIONS .................................................................................................. 32
LEGAL STATUS PROVISIONS ......................................................................... .45
SECTION A: SEVERABILITY .............................................................................. 45
SECTION B: ENFORCABILITY OF ORDINANCE AND FUTURE REV ISION S ............. 45
SECT ION C: EFFECTIVE DATE .......................................................................... 45
pg I 1
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FLOODPLAIN DEVELOPMENT ORDINANCE
The City of Fairhope , Alabama
Ordinance No . XXXX
ARTICLE 1
STATUTORY AUTHORIZATION, FINDINGS OF
FACT, PURPOSE, AND OBJECTIVES
The National Flood Insurance Program (NFIP) is managed by the Federal Emergency Management
Agency (FEMA). Communities are not required to participate i n the program by any law or
regulation , but instead participate voluntarily in order to obtain ac ces s t o NFIP flood insurance .
Communitie s that choose to participate in the NFIP are required to adopt and enforce a floodplain
development ordinance with land use and control measures that include effective enforcement
provi sion s to regulate development in the floodplain resulting in reduced future flood lo ss es.
FEMA has set forth in federal regulations the minimum standards requ i red for participation in the
NFIP ; howev er, these standards have the force of law only because they are adopted and enforced
by a state or local government; referred to as a NFIP community. Le gal enforcement of the
floodplain management standards is the responsibility of the participating NFIP community, which
can elect to adopt higher standards as a means of mitigating flood ri sk. The City of Fairhope,
Alabama agrees to adopt and enforce this Ordinance , which meets or exceeds the minimum
standards of the Code of Federal Regulations Title 44 §60 .3 in order to participate in the NFIP and
have acce ss to federal flood in surance and other federal assistance .
SECTION A STATUTORY AUTHORIZATION
The Legislature of the State of Alabama has in Title 11 , Chapter 19 , Section s 1-24; Chapter 45 ,
Sections 1-11 ; Chapter 52 , Sections 1-84 ; and Title 41 , Chapter 9, Section 166 of the Code of
Alabama , 1975 , authorized local government units to adopt regulations designed to promote the
public health , safety, and general welfare of its citizenry . Therefore, the City Council of Fairhope ,
Alabama , does ordain as follows :
SECTION B FINDINGS OF FACT
(I ) The flood hazard areas of The City of Fairhope , Alabama , (the Federal Emergency
Management Agency 's [FEMA] designated Special Flood Hazard Area s (SFHAs) or other
areas designated by The City of Fairhope , Alabama as flood -prone areas) are subject to
periodic inundation which may result in loss of life and property, health and safety hazards ,
disruption of commerce and governmental services, extraordinary public expenditures for
flood relief and protection , and i mpairment of the tax base , all of wh ich adversely affect
public health , safety, and general welfare .
(2) These flood losses are caused most often by development, as defined in this Ordinance, in
areas designated as FEMA SFHAs or other areas designated by The City of Fairhope,
Alabama as vulnerable to flooding, including structures which are inadequately elevated or
floodproofed (only non -residential structures) or are otherwise unprotected from flood
damages ; or by the cumulative effect of development in areas subject to flooding that
cause increases in flood heights and velocitie s.
SECTION C STATEMENT OF PURPOSE
It is the purpose of this Ordinance to promote the public health , safety, and general welfare and
to minimize public and private losses due to flood conditions in specifi c areas by provi sion s
designed to :
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(1) Require that uses vulnerable to floods, including facilities which serve such uses , be
protected against flood damage at the time of initial construction .
(2) Restrict or prohibit uses which are dangerous to health, safety, and property due to water
or erosion hazards, or which increase flood heights, velocities , or erosion .
(3) Control development (including filling, grading, paving, dredging, and all other
development as defined in this Ordinance).
(4) Prevent or regulate the construct i on of flood barriers which will unnaturally divert flood
waters, or which may increase flood hazards to other lands .
(5) Control the alteration of natural floodplains, stream channels , and natural protective
barriers which may influence the flow of water .
SECTION D OBJECTIVES
The objectives of this Ordinance are to :
(1) Protect human life and health;
(2) Minimize damage to public facilities and utilities such as water and gas mains , electric,
telephone and sewer lines , streets and bridges located in floodpla i ns ;
(3) Help maintain a stable tax base by providing for the sound use and development of flood -
prone areas in such a manner as to minimize flood blight areas ;
(4) Min i mize expenditure of public mon ey for costly flood control projects;
(5) Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(6) Mini mize prolonged business interruptions; and
(7) When asked for assistance regarding flood risk , en sure that potential home buyers are
aware that a property is in an area subject to flooding .
SECTION A
ARTICLE 2
GENERAL PROVISIONS
LANDS TO WHICH THIS ORDINANCE APPLIES
This Ord i nance shall apply to all FEMA SFHAs and any additional areas designated by The City of
Fairhope, Alabama as floodplains or areas subject to flooding within the jurisdiction of The City of
Fairhope, Alabama , Alabama .
SECTION B BASIS FOR SPECIAL FLOOD HAZARD AREAS
The SFHAs identified by FEMA in Baldwin County's Flood Insurance Study (FIS), dated April 9, 2019
with accompanying Flood Insurance Rate Maps (FIRMs) and other supporting data and any revision
thereto, are adopted by reference and declared a part of this Ordinance . For those lands acquired
by a municipality through annexation , the current effective FIS and data for Baldwin County are
hereby adopted by reference . Community Flood Hazard Areas may also be regulated as SFHAs .
FEMA encourages communities to adopt area s prone to flooding to be added to the FIRMs . They
may include those areas known to have flooded historically or that have been defined through
standard engineering analysis by a professional engineer, licen sed to practice in the State of
Augu st 20 23 Edition pg I 3
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Alabama; or by governmental agencies or private organ izations that are not yet incorporated into
the FIS or otherwise designated by the community.
When Prel i m i nary Flood Insurance Studies and Flood Insurance Rate Maps have been provided by
FEMA to The City of Fairhope , Alabama :
(I) Prior to the issuance of a Letter of Final Determination by FEMA , the use of the
prel iminary flood hazard data shall only be required where no BFEs and/or floodway
areas exist or where the preliminary BFEs or floodway area exceed the BFEs and/or
floodway widths in the effective flood hazard data provided by FEMA. Such preliminary
data may be subject to revision through valid appeals .
(2) Upon the issuance of a Letter of Final Determination (LFD) by FEMA , the revised flood
hazard data shall be used and replace all previously effective flood hazard data provided
by FEMA for the purposes of administrating these regulations .
Where adopted regulatory standards conflict, the more stringent BFE shall prevail. Preliminary FIS
data may be subject to change by a valid appeal.
SECTION C: ESTABLISHMENT OF A FLOODPLAIN DEVELOPMENT PERMIT
A Development Permit shall be required in conformance with the provisions of this Ordinance PRIOR
to the commencement of any development, as defined in this Ordinance, in identified SFHAs and
any additional identified Community Flood Hazard Areas within the community .
SECTION D. COMPLIANCE
No structure or land shall hereafter be located, extended , converted or 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 ordinance, easements,
covenants , or deed restrict ions. However, where this Ordinance and another conflict or overlap,
whichever imposes the more stringent restrictions sha ll prevail.
SECTION F. INTERPRETATION
In the interpretation and application 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 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;
flood heights may be increased by man-made or natural causes . This Ordinance does not imply that
land outside the SFHAs or other identified areas subject to flooding 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 , Alabama or by any officer or employee thereof for any flood damages
that result from reliance on this Ordinance or any administrative decision lawfully made thereunder.
SECTION H. PENALTIES FOR VIOLATION
Violation of the provisions of this Ordinance or failure to comply with any of its requirements ,
including violation of conditions and safeguards established in connection with grants of
August 2023 Edition pg I 4
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variance or specia l exceptions shall constitute a misdemeanor . The Code of Alabama (1975),
Title 11, Chapters 19 and 45 grant local governments in Alabama the authority to administer
the enforcement provisions stated within this section of the Ordinance .
(I) Stop Work Order. The community may issue a stop work order, which shall be served on the
applicant or other responsible person .
(2)
(3)
(a) Upon notice from the Administrator, work on any building, structure or premises
that is being performed contrary to the provisions of this Ordinance shall
immediately cease .
(b) Such notice sha ll be in writing and shall be given to the owner of the property, or
to his or her agent, or to the person doing the work, and shall state the
conditions under which work may be resumed .
The stop work order shall remain in effect until the applicant or other responsible person has
taken the remedial measures set forth in the notice of violation or has otherwise cured the
violation or violations described therein . The stop work order must include a provision that
it may be withdrawn or modified to enable the applicant or other responsible person to take
the necessary remedial measures to cure such violation or violations .
Notice of Violation . If the community determines that an applicant or other responsible party
for the development has failed to compl y with the terms and conditions of a permit, or
otherwise not in accordance with the provisions of this Ordinance, it shall issue a written
Notice of Violation , by certified return receipt mail, to such applicant or other responsible
person . Where the person is engaged in activity covered by this Ordinance without having
first secured a permit, the notice shall be served on the owner or the party in charge of the
activity being conducted on the site . Therefore, any work undertaken prior to submission
and approval of an official permit by the City of Fairhope, Alabama or otherwise not in
accordance with this Ordinance shall cons titute a violation of this Ordinance and be at the
permit holder's risk. The notice of violation sha ll contain :
(a) The name and address of the owner or the applicant or the responsible party;
(b) The address or other de scription of the site upon which the violation is
occurring;
(c) A statement specifying the nature of the violation (includ ing failure to obtain a
permit);
(d) A description of the remedial measures necessary to bring the action or inaction
into compliance with the permit or this Ordinance and the date for the
completion of suc h remedial action;
(e) A statement of the penalty or penalties that may be assessed against the person
to whom the notice of violation is directed , and;
(f) A statement in the Notice of Violation shall be included that the determination
of violation may be appealed to the community by filing a written Notice of
Appeal within ten (10) working days after the Notice of Violation . Exceptions for
the deadline for this Notice include : 1) in the event the violation constitutes a
danger to public health or public sa fety, then a 24-hour notice sha ll be given; 2)
if there's an imminent or immediate threat to life or property, then immediate
action is required.
Civil penalties . Any person who violates thi s Ordinance or fails to comp ly with any of its
requirements sha ll be served a Summons to Fairhope Municipal Court to have the matter
adjudicated . Upon conviction thereof the responsible party shall be subject to fines and/or
imprisonment as determined by The Fairhope Municipal Court . , ee fiRed Rat Fl'lere tl=laR
{$§00 .00l er iA'lpriseRed for Rat Fl'lere tl=laR {30) days, er eetl=l , aRd iR additieR, sl=l all pa•{ all
casts aRd e11peRses iRvelved iR tl=le ease: EaEl=l day s1,1el=l vielatieR EeRtiR1,1es follewiRg reeeipt
ef tl=le ~letiee ef VielatieR sl=lall ee EeRsidered a separate effeRse . Nothing contained herein
Augu st 20 23 Ed ition pg Is
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shall prevent the City of Fairhope , Alabama from taking such other lawful actions as is
necessary to prevent or remedy any violation .
(4) Additional Enforcement Actions. If the remedial measures descri bed in the Notice of
Violation have not been completed by the date set forth in the Notice of Violation, any one
or more of the following enforcement actions may be enacted against the person to whom
the Notice of Violation was directed.
Before taking any of the following enforcement actions or imposing any of the following
penalties, The City of Fairhope, Alabama shall serve the Responsible Party with a
Summons to Court. The City of Fairhope , Alabama shall provide reasonable opportunity,
of not less than ten days (except, in the event the violation constitutes a danger to
public health or public safety, then a 24 -hour notice shall be sufficient; if there's an
imminent or immediate threat to the public health or public safety then immediate
action is required) to cure such violation .
In the event the applicant or other responsible party fails to cure such violation after
such notice and cure period, The City of Fairhope, Alabama may take or impose any one
or more of the enforcement actions or penalties listed below.
(a) Termination of water service and/or withhold or revoke Certificate of Occupancy .
The community may terminate utility services to the property and/or refuse to
issue and/or revoke a certificate of occupancy for the building or other
improvements/repairs conducted on the site . The order shall remain in -place
until the applicant or other responsible party has taken the remedial measures
set forth in the Notice of Violation or has otherwise cured the violation or
violations described therein .
(b) Suspension, revocation, or modifications of permit. The community may
suspend, revoke, or modify the permit that authorizes the development project.
A suspended, revoked, or modified permit may be reinstated after the applicant
or other responsible party has taken the remedial measures set forth in the
Notice of Violation ar has otherwise cured the violations described therein,
provided such permit may be reinstated (upon such conditions as the community
may deem necessary). That would enable the applicant or other responsible
party to take the necessary remedial measures to cure such violations .
i . The Administrator may revoke a permit issued under the provisions of
this Ordinance, in case there has been any false statement or
misrepresentation as to the material fact in the application or plans on
which the permit or approval was based.
ii. The Administrator may revoke a permit upon determination that the
construction, erection, alteration, repair, moving, demolition, installation,
or replacement of the structure for which the permit was issued is in
violation of, or not in conformity with, the provisions of this Ordinance .
(c) Section 1316 Declaration . A Section 1316 declaration shall be used only when all
other legal means included in this Ordinance to remedy a violation have been
exhausted and the structure remains non -compliant. Once invoked, the
property's flood insurance coverage will be terminated and no new or renewal
policy can be issued, no NFIP insurance claim can be paid on any policy on the
property, and federal disaster assistance will be denied for the property.
The declaration must be in writing (letter or citation), from the community to the
property owner and to the FEMA Regional Office, and must contain the following
items :
i. The name(s) of the property owner(s) and address or legal description of
the property sufficient to confirm its identity and location;
ii. A clear and unequivocal declaration that the property is in violation of a
Augu st 2023 Ed it ion pg I 6
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cited State or local law, regulation or ordinance;
iii. A clear statement that the public body making the declaration has
authority to do so and a citation of that authority;
iv . Evidence that the community has taken and exhausted all legal means to
remedy the violation, including all Community enforcement actions, as
specified in this Ordinance; and
v. Notice of violation, and a statement regarding the prospective denial of
insurance .
The structure will be considered a violation until such time the violation has been
remedied. If a structure that has received a Section 1316 declaration is made
compliant with the all the applicable provisions of this Ordinance, then the
Section 1316 declaration can be rescinded by the community and flood insurance
eligibility restored.
(5) Administrative appeal; judicial review . Any person receiving a Notice of Violation may
appeal the determination of the community, including but not limited to the issuance of a
stop work order, the assessment of an administratively-imposed monetary penalty, the
suspension, revocation , modification, or grant with condition of a permit by the community
upon finding that the holder is in violation of permit conditions, or that the holder is in
violation of any applicable ordinance or any of the community's rules and regulations, or the
issuance of a notice of bond forfeiture.
The Notice of Appeal must be in writing to the Floodplain Administrator and must be
received within ten (10) days from the date of the Notice of Violation . A hearing on the
appeal sha ll take place within thirty (30) days from the date of receipt of the Notice of
Appeal.
(6) All~ shall be heard and decided by the community's designated appeals board, which
shall be Fairhope Building Code Board of Appeals , or their de signees. The appeals board
shall have the power to affirm, modify, or reject the original penalty, incl uding the right to
increa se or decrease the amount of any monetary penalty and the right to add or delete
remedial actions required for correction of the violation and compliance with the
community's floodplain development ordinance, and any other applicable local , state, or
federal requirements . Appeals cannot be in opposition to the provisions of this Ordinance .
The decision of the appeal board shall be final.
(7) A judicial review can be requested by any person aggrieved by a decision or order of the
community, after exhausting his/her administrative remedies . They sha ll have the right to
appeal de novo to the Fairhope Municipal Court .
SECTION I. SAVINGS CLAUSE
If any section, subsection , sentence, clause , phrase, or word of this Ordinance is for any rea son held
to be noncompliant with 44 Code of Federal Regulation 59 -78, such decision shall not affect the
validity of the remaining portions of this Ordinance .
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SECTION A
ARTICLE 3
ADMINISTRATION
DESIGNATION OF FLOODPLAIN ADMINISTRATOR
The Building Official is hereby appointed to administer and implement the provis ions of this
Ordinance . The Building Official shall hereto be referred to as the Floodplain Administrator in this
Ordinance .
SECTION B PERMIT PROCEDURES
Application for a Floodplain Development Permit shall be made to the Floodplain Administrator on
forms furnished by the community PRIOR to any development (any man -made change to improved
or unimproved real estate , including, but not limited to, bu ildings or other structures, mining,
dredging, filling, grading, paving, excavation , drilling operations, or storage of equipment or
materials) in the SFHAs of the community, and may include , but not be limited to, the following :
plans in duplicate drawn to scale showing the elevations of the area of development and the nature,
location , and dimensions of existing or proposed development .
Specifically, the following procedures and information are required for all projects in the SFHA or
other designated floodplains within the jurisdiction of The City of Fairhope , Alabama :
(I) Application Stage
Plot fllaRs Site surveys are to include :
(a) The BFEs where provided as set forth in Article 4, Section Band C;
(b ) Boundary of the Special Flood Hazard Area and floodway(s) as delineated on the
FIRM or other flood map as determined in Article 2, Section B;
(c) Flo od zone designation of the proposed development area as determined on the
FIRM or other flood map as set forth in Article 2, Section B;
(d) Elevation in relation to mean sea level (or highe st adjacent grade) of the regulatory
lowest floor elevation, including basement, of all proposed structures ;
(e ) Elevation in relation to mean sea level to which any non-residential structure will
be flood -proofed ;
(f) Design certification from a professional engineer, who is licensed to practice in the
State of Alabama, or a licensed architect, who is registered to practice in the State
of Alabama, that any proposed non -residential flood-proofed structure will meet
the flood -proofing criteria of Article 4 , Sections 8(2) and E(2);
(g) A Foundation Plan, drawn to scale , that shall include details of the proposed
foundation system to ensure all provisions of this Ordinance are met. These details
include, but are not limited to, the proposed method of elevation (i.e ., fill , solid
foundation perimeter wall , solid backfilled foundation , open foundation on
columns/posts /piers/piles/shear walls) and description of any flood openings
required in accordance with Article 4, Sections B(l) and 8(3) when solid foundation
perimeter walls are used .
(h) Usage details of any enclosed areas below the lowest floor shall be described .
(i) Plans and/or detai ls for the protection of public utilities and facilities such as sewer,
gas , electrical , and water systems to be located and constructed to minimize flood
damage .
(j) Description of the extent to which any watercourse will be altered or relocated as a
result of a proposed dev elopment including curre nt and proposed locations of the
watercourse . An engineering report shall be prepared by a professional engineer,
who is licensed to practice in the State of Alabama, on the effects of the proposed
project on the flood -carrying capaCity of the watercourse and the effects to
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properties located both upstream and downstream . The affected properties shall
be depicted on a map er eR the plet plaR sealed survey .
(k) Certification of the plet plaR survey by a professional engineer or surveyo r , who is
licensed to practice in the State of Alabama, is required .
(I) In any Jot or lots/areas that will be or have been removed from the special flood
hazard area utilizing a Letter of Map Revision Based on Fill (LOMR-F), the top of fill
elevation must meet the community's freeboard elevation at that location. If the
top of fill elevation is below the freeboard elevation, all new structures, additions to
existing buildings or substantial improvements must meet the required community
freeboord elevation .
(2) Construction Stage
For all new construction and substantial improvements, the permit holder shall provide to
the Floodplain Administrator an as -built certification of the regulatory floor elevation or
flood-proofing level using appropriate FEMA elevation or floodproofing certificate
immediately after the lowest floor or flood -proofing is completed . In addition :
(a) When flood -proofing is utilized for non -residential structures, said certification shall
be prepared by profe ssional engineer, who is licensed to practice in the State of
Alabama, or architect, who is registered to practice in the State of Alabama .
(b) Jl,R\' .,..,erk wmlertakeR prier te swemissieR ef these certificatieRs shall be at the
permit helder's risk. No work is to be undertaken prior to the submission and
approval of these certifications .
(c) The Floodplain Administrator shall review the above referenced certification data
su bmitted . Deficiencies detected by such review shall be corrected by the permit
holder immediately and prior to further work being allowed . Failure to submit
certification or failure to make the required corrections, shall be cause to issue a
Notice of Violation and/or Stop -Work Order for the project .
(d) The Floodplain Administrator or designated representative shall make periodic
inspections of projects during construction throughout the SFHAs within the
jurisdiction of the community to ensure that the work is being done according to
the provi si ons of this Ordinance and the terms of the permit. Members of the
ins pections/engineering department shall have a right, upon presentation of proper
credentials, to enter on any premises within the territorial jurisdiction of the City of
Fairhope , Alabama during normal business hours of the community for the
purposes of inspection or other enforcement action .
(e) The Floodplain Administrator may revoke and require the return of the floodplain
development permit by notifying the permit holder in writing stating the reason(s)
for the revocation . Permits shall be revoked for any departure from the approved
application, plans , and specifications; for refusal or failure to comply with the
requirements of State or local laws ; or for false statements or misrepresentations
made in securing the perm it. Any floodplain development permit mistakenly issued
in violation of an applicable State or local law may also be revoked .
(3) Finished Construction
Upon completion of construction , a FEMA elevation certificate (FEMA Form 81-31 or
equivalent), which depicts all finished construction elevations, must be submitted to the
Floodplain Admini st rator prior to issuance of a Certificate of Occupancy.
(a) If the project includes a floodproofing measure, a FEMA floodproofing certificate
must be submitted by the permit holder to the Floodplain Administrator.
(b) If the structure is located in a V-Zone or Coastal A Zone , a V Zone certificate is
required . The applicant shall use the City of Fairhope 's certificate (if available) or
develop one that includes the information in the certificate from FEMA 's Home
Builder Guide to Coastal Construction Technical Fact Sheet No . 1.5 (2010). The
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certificate shall provide the following minimum design and construction
requirements for the V Zone or Coastal A Zone :
The bottom of the lowest horizontal structural member of the lowest floor
(excluding pilings a=or columns) is elevated to the DFE ; and
11 The pile or column foundation and structure attached thereto is anchored
to resist flotation, collapse, and lateral movement due to the effects of the
wind and water loads acting simultaneously on all building components .
Use of the latest version of the ASCE 7 (Minimum Design loads for Buildings
and Other Structures) for guidance is required;
111 The space below the lowest floor must be free of obstructions (i.e . building
element, equipment, or other fixed objects that can transfer flood loads to
the foundation, or that can cause flood waters or wave to be deflected into
the building), or must be constructed with non-supporting breakaway walls,
open lattice, or insect screening .
(c) The Floodplain Administrator shall review the certificate(s) and the data submitted.
Deficiencies detected by such review shall be corrected by the permit holder
im mediately and prior to Certificate of Compliance/Occupancy issuance .
(d) In some instances , another certification may be required to certify corrected as-
built construction. Failure to submit the certification or failure to make required
corrections shall be cause to withhold the issuance of a Certificate of
Compliance/Occupancy.
(e) Documentation regarding completion of and compliance with the requirements
stated in the permit application and with Article 3, Section B(l) of this Ordinance
sha ll be provided to the local Floodplain Administrator at the completion of
construction or records shall be maintained throughout the Construction Stage by
inspectors for the Floodplain Administrator . Failure to provide the required
documentation shall be cause to withhold the issuance of a Certificate of
Compliance/Occupancy .
(t) All records that pertain to the administration of this Ordinance shall be maintained
in perpetuity and made available for public inspection , recognizing that such
information may be subject to the Privacy Act of 1974, as amended .
SECTION C DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
The Floodplain Administrator and his/her designated staff is hereby authorized and directed to
enforce the provisions of this Ordinance . The Floodplain Administrator is further authorized to
render interpretations of this Ordinance, which are consistent with its spirit and purpose . Duties
of the Floodplain Administrator shall include, but shall not be limited to :
( I) Require permits for all proposed construction or other development in the community,
including the placement of manufactured home s, so that it may be determined whether
such construction or other development is proposed within flood -prone areas . Ensure the
public is aware that floodplain development permits are required for development in
SFHAs .
(2) Conduct regular inspections of the community's SFHAs for any unpermitted development
and issue Stop Work Orders and Notice of Violation s for any such development . Any
unpermitted structure or non-structural development in the SFHA will be considered a
violation until such time that the violation has been remedied.
(3) Review proposed development to assure that all necessary permits have been received
from those governmental agencies from which approval is required by Federal or State
law, inclu ding secti on 404 of the Federal Water Pollution Control Act Amendments of 1972,
33 U.S.C. 1334. Maintain such permits permanently with floodpla in development permit
file .
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(4) Review all permit applications of proposed development, to determine whether the
proposed construction or other development will be reasonably safe from flooding and to
assure compliance with this Ordinance .
(a) If the provisions of this Ordinance have been met, approve the permit.
(b) If the provisions of this Ordinance have not been met, request that either
corrections and accurate completion of the application be made or disapprove the
permit.
(5) When 8FE data or floodway data have not been provided in accordance with Article 2,
Sect ion 8 then the Floodplain Administrator shall obtain, review and reasonably utilize any
8FE and floodway data available from a Federal, State, or other sources in order to
administer the provisions of Article 4 .
(6) Verify and record the actual elevation of the lowest floor, in relation to mean sea level (or
highest adjacent grade), including basement, of all new construction or su bstantially
improved residential structures in accordance with Article 3, Section 8(2).
(a) Review elevation certificates and require incomplete or incorrect certificates to be
corrected and resubmitted for approval.
(b) A post -construction elevation certificate is required to be kept with the permit and
certificate of occupancy in perpetuity; a pre-construction elevation certificate can
be used to ensure the correct elevation for the lowest floor and machinery along
with the correct number of vents that will be used .
(7) Verify and record the actual elevation , in relation to mean sea level to which any new or
substantially improved non -residential structures have been elevated or flood proofed , in
accordance with Article 3, Section 8, or Article 4, Sections 8(2) and E(2).
(8) When flood proofing is utilized for a non-residential structure, the Floodplain Administrator
shall obtain certification of design criteria from a professional engineer, licensed to
practice in the State of Alabama, or licensed architect, registered to practice in the State of
Alabama , i n accordance with Article 3, Section 8(1) and Article 4, Section 8(2) or E(2).
(9) Notify adjacent communities and the Alabama Department of Environmental Management
and the appropriate district office of the U.S. Army Corps of Engineers prior to any
alteration or relocation of a watercourse . Submit evidence of such notification to FEMA
and the NFIP State Coordinator's Office (Alabama Department of Economic and
Community Affairs , Office of Water Resources).
(10) For any altered or re located watercourse, su bmit engineering data/analysis within six (6)
months after completion of the project to FEMA and State to ensure accuracy of
community flood maps through the Letter of Map Revision process . Assure flood carrying
capacity of any altered or relocated watercourse is maintained following completion of the
project .
(11) Where interpretation is needed as to the exact location of boundaries of the SFHA (for
example, where there appears to be a conflict between a mapped boundary and actual
field conditions), the Floodplain Administrator shall make the necessary interpretation .
Any person contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in this Ordinance .
(12) All records pertaining to the provisions of this Ordinance shall be maintained, in
perpetuity, at the office of the Floodplain Administrator and shall be available for public
inspection when requested .
(13) For fil!Y improvements made to existing construction located in the SFHA (as established in
Article 2, Section 8) ensure that a permit is obtained . Also , conduct Substantial
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Improvement (SI) (as defined in Article 6 of this Ordinance) reviews and analysis of all
structural development permit applications . Maintain a record of the SI calculations and
comments within the permit files in accordance with Section C(ll) of this Article .
(14) For any residential and nonresidential structures located in the SFHAs that are damaged
from any source , natural hazard or man -made, conduct Substantial Damage (SD) (a s
defined in Article 6 of this Ordinance) assessments .
(a) The Floodplain Administrator shall ensure that permits are obtained , in accordance
with this Ordinance , prior to any repairs commencing.
(b) Make SD determinations whenever structures within the SFHA area are damaged
by any cause or origin . SD determinations shall not be wa ived to expedite the
rebuilding process during a post-disaster recovery or for any other rea son .
(c) If the community has a large number of buildings in their SFHA that have been
damaged, they should decide in advance how best to handle permitting and
inspecting damaged buildings for substantial damage determinations.
(d) If required, a moratorium may be placed on all non-disaster related construction
permits until the community has sufficiently completed its SD determinations.
(e) The SD determinations should be performed immediately after the damage -causing
event or other cause of damage .
(f) The community shall utilize methods and tools for collecting building data and
performing analyses that will provide reasonable and defensible SD
determinations. Those tools shall be capable of generating reports for record -
keeping purposes and to provide to the applicable property owners if requested .
(g) Maintain a record of the SD calculations within permit file s i n accordance with
Section C{ll) of this Article .
(h) If the SD determination finds that the extent that the cost of restoring the
structure to its before damaged condition would equal or exceed 50 percent of
the market value of the structure before the damage occu r red , the Floodplain
Administrator sha ll :
i . Coordinate with the property owner and issue a letter to convey the SD
determination .
ii. Determine if the damage was caused by flooding and include the cause in
the letter to the property owner. Also , include whether or not the structure
qualifies as a repetitive loss structure per the definiti ons in Article 6 of this
Ordinance. The information can be used to determ i ne if the claim is eligible
for an Increased Cost of Compliance claim .
iii . Coordinate with property owners and insurance companies for any NFIP
claims .
iv. If the repairs are to proceed, coordinate with the permit applicant to ensure
a permit is obtained and inspections are conducted to ensure that all
applicable provisions of this Ordinance are adhered to without exception or
waiver.
(i) A structure qualifies as a repetitively damaged structure (synonymous to repetitive
loss property) if it's determined to have been damaged by flooding two or more
times within a 10-year period where the cost of repairing the flood damage, on
average, equaled or exceeded 25 percent of its market value at the time of each
flood event. All of the provisions of Article 3, Section C(13) for substantial damages
shall apply to any repetitively damaged structure, whether i t is covered by NFIP
flood insurance or not.
If the structure is located within a SFHA and NFIP flood insurance claims were paid
for each of the two flood losses then the structure is eligible for an Increased Cost of
Compliance (ICC) claim . The following procedures shall be performed by the
community to track repetitive losses and provide documentati on necessary for an
ICC claim :
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i. Maintain permit records of all reconstruction and repairs for flood damages;
i. Record the date of repairs for a particular building so that the repair history
can be checked before the next permit is issued;
ii. Record the flood-related cost to repair the building and the market value of
the building before the damage occurred for each flood event; and
iii. Issue a letter of Notice of Determination to the owner of the structure.
(j) Ensure that phased improvements and incremental repairs do not circumvent the
SI/SD requirements .
(k) Ensure that any combination s of elective improvements being made in addition to
the necessary repairs to damages are included in making the SI/SD determination .
(I) An applicant for a permit may appeal a decision , order, or determination that was
made by the local official for the following :
i. The local official's finding or determination that the proposed work
constituting a SI/SD were based on insufficient information, errors , or
repair/improvement costs that should be included and/or excluded ;
ii. The local official 's finding or determination that the proposed work
constituting a SI/SD were based on inappropriate valuations of costs for the
proposed work, or an inappropriate method to determine the market value
of the building.
(m) It is not appropriate for a permit applicant to seek an appeal who wishes to build in
a manner that is contrary to the regulations and codes included in this ordinance .
In those cases, the applicant should seek a variance .
(n) Ensure that any building located in a floodway that constitutes a SI/SD has an
engineering analysis performed in accordance with Article 4, Section C(2). If that
analysis indicates any increase in the BFE , the local official must not allow the
proposed work unless the structure is brought into full compliance with this
Ordinance .
(15 ) Coordinate with insurance adjusters prior to permitting any proposed work to bring any
flood -damaged structure covered by a standard flood insurance policy into compliance
(either substantially damaged structures or repetitive loss structures ) to ensure eligibility
for ICC funds .
(16) Right of Entry
(a) Whenever it becomes necessary to make an inspection to enforce any of the
provisions of this Ordinance, the Floodplain Administrator may enter such building,
structure or premises at all reasonable times (normal business hours for the
community) to inspect the same or perform any duty imposed upon the Floodplain
Administrator by this Ordinance .
(b) If such building or premises are occupied, the Floodplain Administrator shall first
present proper credentials and request entry. If such building, structure, or
premises are unoccupied, he/she shall first make a reasonable effort to locate the
owner or other persons having charge or control of such building or premises prior
to entry.
( c) If entry is refused or owner cannot be located, the Floodplain Administrator shall
have recourse to every remedy provided by law to secure the right of entry of the
building, structure, or premises .
(d) When the Floodplain Administrator shall have first obtained a proper inspection
warrant or other remedy provided by law to secure entry, no owner or occupant or
any other persons having charge, care or control of any building, structure, or
premises shall fail or neglect, after proper request is made as herein provided, to
promptly permit entry therein by the Floodplain Administrator for the purpose of
inspection and examination pursuant to this Ordinance .
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ARTICLE 4
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A GENERAL STANDARDS
In ALL SFHA s and flood -prone area s regulated by The City of Fairhope , Alabama , the following
provi si on s are required for all proposed development including new con struction , reconstruction
or repairs mode to repetitive loss structures, and substantial improvements :
(I ) Review proposed development to ass u r e that all necessary perm it s have been received
from those governmental agencie s from which approval is required by Federal or State law,
i ncluding but, not limited to Section 404 of the Federal Water Pollution Control Act
Amendments (1972, 33 U.S.C. 1334) and the Endangered Specie s Act (1973, 16 U.S.C. 1531-
1544). Maintain such permits permanently with floodplain development permit file .
(2) New construction and substantial improvements shall be designed (or modified) and
adequately anchored to prevent flotation , collapse , or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads , including the effect s of buoyancy.
(3) New construction and substantial i mprovements shall be con structed with material s
resistant to flood damage below the BFE .
( 4) New con struction and substant ial i mprovements shall be constructed by methods and
pract ice s that minimize flood damages .
(5 ) New construction and sub stantial improvements shall be con structed with electrical,
heating, ventilation , plumbing, and air conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding .
(6) Review subdivision proposals and other proposed development, in cluding manufactured
home parks or subdivisions , to determ i ne whether such proposals will be rea sonably safe
from flooding . If a subdivision propo sal or other proposed development is in a SFHA , any
such proposa ls shall be reviewed to assure that :
(a) They are consi stent with the need to minimize flood damage within the SFHA ,
(b) All public utilities and facilitie s, such as sewer, gas, electrical and water systems are
located and con structed to minimize or eliminate flood damage,
(c) All new and replacement water supply systems are to be designed to minimize or
eliminate infiltration of flood waters into the systems,
(d) All new and replacement sanitary sewage systems are to be de signed to minimize or
eliminate infiltration of flood waters into the sy stems and discharges from the
systems into flood waters,
(e) Onsite waste disposal systems are to be located to avo id impairment to them or
contamination from them du r in g flooding, and
(f) Adequate drainage provided to reduce exposure to flood hazards .
(7) Manufactured homes shall be installed using methods and practice s which minimize flood
damage . They must be elevated and anchored to resist flotation , collapse , or lateral
movement. Methods of anchoring may include , but are not to be limited to, use of over-
the-top or frame ties to ground anchors . This requirement is in addition to applicable State
and local requirements for re sisting wind forces .
(8) New and replacement water supply sy stem s shall be designed to minimize or eliminate
infiltration of flood waters into the system s.
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(9) New and replacement sanitary sewage systems shall be designed to minimize or el i minate
in filt r ation of flood waters into the sy stems and di scharges from th e systems into flood
waters .
( I 0) On -site waste disposal systems shall be located and constructed to avoid impairment to
them or contamination from them during flooding .
( 11 ) Any alteration , repa i r, reconstruction or improvement to new construction and substantial
i mprovements which is not compliant with the provisions of this Ordinance, shall be
undertaken only if the non -conformity is not furthered , extended or replaced .
(12) Proposed new construction and sub stantial improvements that are partially located in a
SFHA shall have the entire structure meet the standards of this Ord i nance for new
con struction .
( 13) Where new construction and substantial improvements located in multiple SFHAs or in a
SFHA with multiple BFEs, the entire structure shall meet the standard s for the most
ha zardous SFHA and the highest BFE .
SECTION B SPECIFIC TECHNICAL STANDARDS
In ALL Special Flood Hazard Areas designated as A, AE, AH (with engineered or estimated BFE), the
following provisions are required :
{I) Residentia l and Non -Residential Structures -Where BFE data is available , new construction,
reconstruction or repairs made to a repetitive loss structure, and sub stantial improvement
of any structure or manufactured home shall have the lowest floor, including basement,
elevated no lower than one (1) foot above the base flood elevation (also referred to as
the design flood elevation). Should solid foundation perimeter walls be used to elevate a
structure, openings sufficient to facilitate the unimpeded movements of flood waters shall
be provided in accordance with standards of Article 4, Section 8(3).
(2) Non -Residential Structures -New construction , reconstruction or repairs made to a
repetitive loss structure, and substantial improvement of any non -residential structure
located in AE or AH zones, may be floodproofed (dry) in lieu of elevation . The structure,
together with attendant utility and sanitary facilities , must be designed to be watertight to
at least on e (1) foot above the base flood elevation (herein after referred to as the design
flood elevation), with walls substantially impermeable to the passage of water, and
structural components having the capability of resisting hydrostatic and hydrodynamic
loads and the effect of buoyancy .
(a) A professional engineer, who is licensed to practice in the State of Alabama , or
licensed architect, who is registered to practice in the State of Alabama , shall
develop and/or review structural design , specifications, and plans for the
construction, and shall certify that the design and methods of construction are in
accordance with the standards in ASCE -24 (for dry flood proofing) or other
compatible standards of practice for meeting the provi sions above, and shall
provide such certification to the official as set forth above and i n Article 3, Section
C(6).
(b) A record of such certificates, which includes the specific elevation (in relation to
mean sea level) to which such structures are floodproofed , shall be maintained with
the official permitting records for the structure and kept in -perpetuity.
(c) Any non-residential functionally dependent structure (as defined in Article 6) that
cannot meet the standard s stated in Section B(2)(a) shall require a variance to be
i ss ued in accordance with Article 5, Section C(3) and D(l).
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(3)
(d) Any non -residential structure, or part thereof, made watertight below the DFE shall
be floodproofed in accordance with the applicable standards in ASCE 24 . All plans
and specifications for such f/oodproofing shall be accompanied by a statement
certified by a professional engineer, who is licensed to practice in the State of
Alabama, or licensed architect, who is registered to practice in the State of Alabama,
which states that the proposed design and methods of construction are in
conformance with the above referenced standards . There should be a statement
submitted with the permit application and a statement subm i tted with the as -built
Floodproofing Certificate prior to the issuance of the Certificate of Occupancy.
( e) Prior to the issuance of the Certificate of Occupancy, the following must be
submitted for any non -residential structure that will be floodproofed.
(i) An inspection and maintenance plan detailing the annual maintenance of
f/oodproofed components ensuring that all components will operate properly
under flood conditions. Components that must be inspected include at a
minimum :
• Mechanical equipment such as sump pumps and generators,
• Flood shields and closures,
• Walls and wall penetrations, and
• Levees and berms (as applicable).
(ii) A Flood Emergency Operation Plan detailing the procedures to be followed
during a flooding event and must include information pertaining to how all
components will operate properly under all conditions, including power
failures . The design professional must prepare the plan which shall include
the following :
• An established chain of command and responsibility with leadership
responsibilities clearly defined for all aspects of the plan .
• A procedure for notification of necessary parties when flooding
threatens and flood warnings are issued. Personnel required to be at
the building should have a planned and safe means of ingress/egress
and should have no other emergency response duties during a flood
event . Alternates should be assigned in the event that the primary
persons responsible are unable to complete their assigned duties under
the plan .
• A list of specific duties assigned to ensure that all responsibilities are
addressed expeditiously . The locations of materials necessary to
properly install all floodproofing components must be included in the
list.
• An evacuation plan for all personnel or occupants ; those without duties
for the flood emergency as well as those with duties for implementing
the plan . All possible ingress and egress routes must be identified .
• A periodic training and exercise program to keep personnel and
occupants aware of their duties and responsibilities . Training drills
should be held at least once a year and should be coordinated with
community officials .
Enclosures for Elevated Buildings -All new construction, reconstruction or repairs made to
a repetitive Joss structure, and substantial improvements of existing structures (residential
and non-residential) that include ANY fully enclosed area below the BFE , located below
the lowest floor formed by the foundation and other exterior wall s shall be designed so as
to be an unfinished or flood resistant enclosure . The enclosure shall be designed to
equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and
exit of flood waters .
(a) Design s for complying with this requirement must either be certified by a
professional engineer, who is licensed to practice in the State of Alabama, or a
licensed architect, registered to practice in the State of Alabama , or meet the
following minimum criteria :
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(i) Provide a minimum of two openings for each enclosed area having a total net
area of not less than one square inch for every square foot of enclosed area
subject to flooding (if a structure has more than one enclosed area below the
BFE, each shall have openings on exterior walls);
(ii) Openings shall be in at least two walls of each enclosed area (includes areas
separated by interior walls);
(iii) The bottom of all openings shall be no higher than one foot above grade ;
(i v) Openings may be equipped with screens, louvers, valves and other coverings
or devices provided that they permit the automatic entry and exit of
floodwaters in both directions without impeding or blocking flow and shall be
accounted for in determination of the net open area; and
(v) Openings meeting the requirements of (3)(a)(i) -(iv) that are installed in
doors are permitted .
(b ) So as not to violate the "Lowest Floor " criteria of this Ordinance , the unfinished or
flood resistant enclosure shall only be used for parking of vehicles, limited storage,
or access to the elevated area .
(c) The interior portion of such enclosed area shall not be partitioned or finished into
separate rooms .
(d) All interior walls, ceilings and floors below the BFE shall be unfinished and/or
constructed of flood damage -resistant materials . This practice is also referred to as
"wet floodproofing". The definitions for "flood damage -resistant materials" and
"wet floodproofing" are included in Article 6 .
(e) Mechanical, electrical, or plumbing devices shall be installed not less than one foot
above the BFE . The interior portion of such enclosed area(s) shall be void of utilities
except for essential lighting and power, as required, that are watertight or have
otherwise been floodproofed .
(f) Property owners shall be required to execute a flood openings/venting affidavit
acknowledging that all openings will be maintained as flood vents , and that the
elimination or alteration of the openings in any way will violate the requirements
for enclosures below the BFE .
(i) That the enclosed area(s) shall remain fully compliant with all parts of Article
4, Section 8(3) of this Ordinance unless otherwise modified to be fully
compliant with the appl icable sections of the Floodplain Development
Ordinance in effect at the time of conversion .
(4) Standards for Manufactured Homes and Recreational Vehicles Where Base Flood Elevation
Data is Available .
(a) Require that all manufactured homes placed or substantially improved :
(i ) Outside of a manufactured home park or subdivision ,
(ii) In a new or substantially improved manufactured home park or subdivision ,
(iii) In an expansion to an existing manufactured home park or subdivision , or
(i v) In an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as the result of a
flood,
be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated one foot or more above the BFE and be securely
anchored to an adequately anchored foundation system to resist floatation ,
collapse, and lateral movement.
(b) Require that all manufactured homes to be placed or substantially improved on sites
in an existing manufactured home park or subdivision that are not subject to the
provisions of Subsection (4)(a) be elevated so that either :
(i ) The lowest floor of the manufactured home is one foot or more above the
BFE ; OR
(i i) The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36
inches in height above the highest adjacent grade and be securely anchored
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to an adequately anchored foundation system to resist floatation , collapse ,
and lateral movement.
(iii) Concrete block piers (and other foundation systems) are to be designed in
accordance with the Code of Federal Regulations Title 24 , Part 3285 and with
the specifications in FEMA P-85 : Protecting Manufactured Homes from Floods
and Other Hazards -A Multi-Hazard Foundation and In stallation Guide . The
§3285.306 Design procedures for concrete block piers and FEMA P-85 (Table
SP -1.1), specify that the maximum allowable pier height (measured from top
of grade) for concrete piers to be five (5) feet.
(i v) The chassi s and its supporting equipment are to be above the pier or other
foundation . The areas below the chassis must be constructed with flood -
resistant materials . All utilities and mechanical equipment must be elevated
to a minimum of three (3) feet above the highest adjacent grade . Any utility
and mechanical components that must be below the BFE must be made
watertight to that same elevation to meet the standards in Article 4, Section
A(5).
(c) Require that all recreational vehicles placed on sites must either :
(i) Be on the site for fewer than 180 consecutive days,
(i i) Be fully licensed and ready for highway use on its wheels or jacking system ,
(iii) Be attached to the site only by quick disconnect type utilities and security
devices , and have no permanently attached structures or additions; OR
(i v ) Must meet all the requirements for "New Construction", including the
anchoring and elevation requirements of Article 4, Section B, provisions (4)(a)
and (4)(b).
(5) Standards for Manufactured Homes Where No Base Flood Elevation Exists .
(a) Require that all manufactured homes to be placed within a Zone A area on the
FIRM shall be installed using methods and practices which minimize flood damage .
(b) Manufactured homes must be elevated and anchored to resist flotation , collapse ,
or lateral movement. Methods of anchoring may include, but are not to be limited
to, use of over-the-top or frame ties to ground anchors .
(c) The manufactured home chassis must be supported by reinforced piers or other
foundation elements of at least equivalent strength such that the bottom of the
chassis and its supporting equipment be no less than 36 inches and up to a
maximum 60 inches (five feet) above the highest adjacent grade and be securely
anchored to an adequately anchored foundation system .
(d ) The areas below the chassis must be constructed with flood -resistant materials . All
utilities and mechanical equipment must be elevated to a minimum of 3 feet above
the highest adjacent grade . Any utility and mechanical components that must be
below the BFE must be made watertight to that same elevation to meet the
standards in Article 4, Section A(5). The specifications of FEMA 348: Protecting
Building Utilities from Flood Damage .
(6) Require, until a regulatory floodway is designated, that no new construction, substantial
improvements, or other development (including fill) shall be permitted within Zone s A and
AE on the City of Fairhope's FIRM , unless it is demonstrated that the cumulative effect of
the proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood more than one
foot at any point within the community.
(7) Accessory and Agricultural Structures -When an accessory structure meets the
requirements outlined below, these structures may be wet-floodproofed and do not have
to be elevated to one foot above the BFE as required i n Article 4 , Section B(l).
A permit shall be required prior to construction or installation of any accessory structures
and any agricultural structures built below the DFE and the following provisions apply :
(a) Must be adequate ly anchored to prevent flotation, collapse , or lateral movement;
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(b) Must be designed with an unfini shed interior and constructed with flood damage-
resistant materials below the OFE as described in Article 4, Section B(3);
(c) Must have adequate flood openings as described in Article 4, Section B(3);
(d) Must be constructed and pla ced on the building site so as to offer the minimum
resistance to the flow of floodwaters;
(e) Must comply with the requirement s for development in floodways in accordance
with Article 4, Section C;
(t) Must elevate any mechanical and other utility equipment i n or servicing the
structure to or above the OFE or must be flood proofed in ac cordance w ith Article 4,
Section A;
(g) Prohibit storage of any hazardous or to xic materials below the OFE.
(h) Permits for small acces sory structures may be issued to provide wet floodproofing
measures in accordance w ith the standard s de scribed in subse ctions (i) through (iv)
below without requiring a v ariance . Before issuing perm it s for small accessory
structures, the Floodplain Administrator must verify :
(i ) Use is limited to parking of vehicles or storage;
(ii) Size is less than or equal to a one-s tory, two-car garage for all A zone s;
(iii) Structures are a minimal investment and have a low damage potential with
respect to the structure and contents;
(i v) Structures will not be used for human habitation ;
(v) Structures comply with the wet floodproofing requirements in Article 4,
Section B(3).
(i ) Permits for accessory structures larger than the size allowed for in sub section (7)(h)
above , shall require a var i an ce to be granted on a case -by-c ase basis in accordance
with Article 7, Section 0(3). Variance s shall not be granted for ent i re subdivi sion s
for accessory structures .
U) Permits for new construction of all agricultural structures shall require a variance to
be granted on a ca se-by-ca se basis in accordance with Article 7, Section 0(4).
(k) Typically, when structures are substantially damaged by any cause or will be
substantially improved, communities must require that the structures be brought
into compliance with all requirements for new construction . In accordance with
guidance in FEMA Publicati on 2140, agricultural structures that are substantially
damaged by flooding and agricultural structures that are repetitive loss structures
are permitted to be repaired or restored ta pre-damage condition, provided the
following are satisfied:
(i) If substantially damaged, the substantial damage determination is based only
on the cost to repair damage caused by flooding to pre -damage conditions .
(ii) The proposed repair or restoration does not change the size of the structure
and does not significantly alter the nature of the building. With the exception
of costs associated with wet floodproofing in accordance with Article 4,
Section 8(3), proposals that include work beyond or in addition to that
necessary to repair or restore the structure to pre-damage conditions must be
regulated as substantial improvements as provided for in this Ordinance .
(iii) The repaired or restored structure will continue to be an agricultural structure,
as defined in this Ordinance.
(i v ) Owners are notified, in writing, that agricultural structures approved under
this subsection :
• Will not be eligible for disaster relief under any program administered
by FEMA or any other Federal agency.
• Will have NFIP flood insurance policies rated based on the structure's
risk.
• May be denied NFIP flood insurance policies if repairs do not include
the wetfloodproofing requirements of Article 4, Section 8(3).
(v) When owners elect to wet floodproof flood-damaged agricultural structures as
part of repair or restoration to pre -damage condition, the structure shall
comply with the requ irements of Article 4, Section 8(3).
August 2023 Editio n pg I 19
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1
(vi) A variance shall be required to allow wet floodproofing in-lieu of elevation or
dry-f/oodproofing in accordance with the definitions in Article 7.
(I) Prohibit the storage of hazardous substances (as defined in Article 7) in any
residential accessory structure located in a SFHA. Limit the storage in non -
residential accessory structures to only fertilizers, petroleum products, and
pesticides essential for landscaping purposes . Limit storage in agricultural
structures to only fertilizers, petroleum products, and pesticides necessary for
agricultural purposes . In both cases, storage shall be in strict compliance with the
requirements of Article 4, Section 8(9).
(8) Underground and Aboveground Storage (Li q ui d and Gas) Tanks -Tanks and tank i nlets, fill
openings, outlets, and vents that are located below the DFE shall be designed, constructed ,
installed, and anchored to resist all flood-related loads (flotation, collapse, or lateral
movement resulting from hydrostatic and hydrodynamic forces) and any other loads ,
including the effects of buoyancy, during flooding up to and including the 100-year flood
and without re lease of contents into floodwaters or infiltration of floodwaters into the
tanks .
(a) A permit that includes floodplain development shall be required prior to
construction or installation of any underground and aboveground tanks (including
their foundation and support systems) located within a special flood hazard area .
(b) Loads on underground tanks and aboveground tanks exposed to flooding shall be
determined assuming at least 1.3 times the potential buoyant and other flood
forces acting on the empty tank.
(c) Tanks and associated piping shall be installed to resist local scour and erosion
during the 100-year flood .
(d) Aboveground tanks located in Zone A/AE flood hazard area s shall be either :
(i) Elevated to or above the DFE on platforms or structural fill ,
(ii) Elevated to or above the DFE where attached to structures and the
foundation system supporting the structures shall be designed to
accommodate any increased loads resu lting from the attached tanks ,
(iii) Permitted be low the DFE where the tank and its foundation are designed to
resist all flood -related loads including floating debris, or
(iv) Permitted below the DFE where the tank and its foundati on are designed to
resist flood loads and are located inside a barrier de signed to protect the tank
from float i ng debris .
(e) Aboveground tanks located in areas designated as Zone V/VE , Coastal A-Z ones , and
other high risk flood hazard areas (see ASCE 24 -14) shall be elevated to or above
the DFE on platforms that conform to the foundation requirements of ASCE 24-14,
Section 4.5 . Aboveground tanks shall not be permitted to be located under
elevated structures or attached to struct ures at elevations below one foot above
the DFE in these areas .
(t) Underground tanks located in areas designated as Zone V/VE , Coastal A-Zone s, and
other high risk flood hazard areas (see ASCE 24 -14) shall have the determination of
flood -related loads take into consideration the eroded ground elevation .
(g) Tank inlets, fil l openings , outlets, and vents shall be :
(i) At or above the DFE or fitted with covers designed to prevent the inflow of
floodwater or outflow of the contents of the tanks during conditions of the
100-year flood .
(ii) Anchored to prevent lateral movement resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy , during conditions of the
100-year flood .
(9) Structures and Sites for the Storage or Production of Hazardous Substances -Require that
all outdoor storage sites, new construction , reconstruction or repairs made to a repetitive
loss structure, and substantial improvements to be used for the produ ction or storage of
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Page 23 of 46
hazard substances (as defined in Article 7) which are located in the special flood hazard
area shall be built in accordance with all applicable standards in this Ordinance in addition
to the following requirements :
(a) No structures containing ha zardous substances shall be perm itted for construction
in a floodway;
(b ) Residential structures shall have the area in which the hazard substances are to be
stored elevated or dry flood proofed a minimum of two (2) feet above the BFE;
(c) Non-residential structures shall be permitted to be built below the BFE in
accordance with Article 4, Section 8(2) such that the area where the hazard
substance production or storage is located will be :
(i) elevated or designed and constructed to remain completely dry to at least
two (2) feet above the BFE , and
(ii) designed to prevent pollution from the storage containers , structure , or
activity during the course of the base flood .
(d ) Any solid , liquid, or gas storage containers of hazardous substances and any
associated mecha n ical, electrical , and conveyance equipment shall be watertight
and shal l be properly anchored and protected from the hydrostatic and
hydrodynamic forces of flood waters and debris carried by the base flood .
(10) Construction of Fences -New and replacement fences may be allowed in flood hazard
areas if they do not act as a flow boundary and redirect t he direction of flow, co ll ect flood
debris and cause b lockages, cause localized increases in flood levels, or if damaged ,
become debris that may cause damage to other structures .
(11) Structures Elevated on Fill -Fill for structures shall be designed to be stable under
conditions of flooding, including rapid rise and rap id drawdown of floodwaters, pro longed
inundation , and flood -related erosion and scour . The standards from ASCE 24 should be
followed for any fill placed in flood hazard areas . All new construction for residential or
non -residential structures may be constructed on permanent structural fill in accordance
with the following :
(a) The lowest floor (including basement) of the structure or addition along with any
appurtenant utilities shall be no lower than one foot above the BFE .
(b) Fill used for structural support or protection shall consist of granular and earthen
material that is free of vegetation and foreign or organic materials and suitable for
its intended use.
(c) All new structures built on fill must be constructed on properly designed and
compacted fill (ASTM D-698 or equivalent) that extends beyond the bui lding walls
before dropping below the BFE .
(d) The top of the fill shall be no lower than one foot above the BFE .
(e) The fill shall not adversely affect the flow or surface drainage from or onto any
neighboring properties .
(f) Structural fill , including side slopes, shall be protected from scour and erosion
under flood conditions up to and including the base flood discharge . When
expected velocities during the occurrence of the base flood are greater than five
feet per second , armoring with stone or rock protection shall be provided . When
expected ve locities during the base flood are five feet per second or less , protection
shall be provided by cover ing them with vegetative ground cover .
(g) The design of the fi ll or the fill standard must be approved by a licensed
professional engineer .
(h) The applicant shall submit a Letter of Map Revision based on fill (LOMR -F) utilizing
FEMA's MT-1 application forms to FEMA requesting a revision to the FIRM for the
placement of fill.
(i) This standard is not applicable for placement of fill in a floodway ; fill in a floodway
is prohibited .
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Page 24 of 46
(12) Compensatory Storage for Filling -Fill within the SFHA shall result in no net loss of natural
floodplain storage . Compensatory storage cannot be used within the limits of floodways as
depi cted on FIRMs . Any development utilizing this approach shall prepare design
documentation in accordance with the following :
(a ) Loss of floodwater storage volume due to filling in the Special Flood Hazard Area
shall be offset by providing an equal volume of flood storage by excavation or other
compensatory measures at or adjacent to the development site .
(b) Provide adequate documentation demonstrating the compensatory storage volume
i ncluding but not limited to engineering analysis/calculations, si te plan and profile
drawings of the area to be filled and excavated , and environmental impact
assessments for areas filled and excavated .
(c) Any excavation or other measures taken for compensatory storage shall be
properly designed to provide protection against erosion or overgrowth of
vegetation in order to preserve the storage volume .
(d) The compensatory storage approach cannot be utilized in erosion -prone areas . The
site being considered must be determined not to be erosion -prone by analyzing
available studies , historical data, watershed trends, average annual erosion rates ,
flood velocities and duration of flow, geotechnical data , and existing protective
works . Results of these analyses shall be documented in an engineering report,
which defines the data and methodology used to determine whether or not an area
is erosion -prone .
(e) An operations and maintenance plan for maintaining the integrity and intended
volume of the compensatory storage area in perpetuity shall be included with the
permit . The Plan must be approved by the Floodplain Adm inistrator and shall be
legally binding upon the owner whose property that the compensatory storage area
is located .
(13) Incompatible Uses Prohibited in SFHAs
(a) Lands lying within the 100-year floodplain shall not be used for:
(i) dumping of any material or substance including solid waste disposal sites
(including manure),
(ii) on-site soil absorption sanitary sewage system site,
(iii) petroleum or chem ical holding tanks,
(iv) construction of any wells used to obtain water for ultimate human
consumption; or
(v) restricted confinement or permanent sheltering of animals .
(b) Lands lying within the 100-year floodplain shall not be used for the storage of
materials that are buoyant, flammable, explosive, or injurious to human, animal,
plant, fish, or other aquatic life .
SECTION C FLOODWAYS
Located within Special Flood Hazard Areas established in Article 2, Section B, are areas designated
as floodway . A floodway may be an extremely hazardous area due to velocity floodwaters , debris
or erosion potential. In addition, the area must remain free of encroachment in order to allow for
the discharge of the base flood without increased flood heights . Therefore , the following provi sions
shall apply :
(I) The community shall select and adopt a regulatory floodway ba sed on the principle that
the area chosen for the regulatory floodway must be designed to carry the waters of the
base flood , without increasing the. water surface elevation of that flood more than one foot
at any point;
(2) Encroachments, including fill , new construction, su bstantial improvements or other
development are prohibited within the adopted regulatory floodway . Specific, limited
development as determined by the Building Code Board of Appeals may be permitted
August 2023 Edition pg I 22
Page 25 of 46
however, provided it is demonstrated through hydrologic and hydrau li c analyses
performed in accordance with standard engineering practice that the proposed
en croachment would not result in any increase in BF Es during the oc currence of the base
flood d ischarge . A registered professional engineer must provide supporting techn ical data
and certification (No -Rise Certificate) to FEMA for the proposed floodway encroachment .
The No -Rise Certificate must be submitted to the Floodplain Administrator with the
de velopment permit (including a Site Plan showing the current and propo sed floodway
al ignment) for approval.
(3) ONLY if Article 4, Section C, provision s (1) and (2) are satisfied , then any new construction
or substantial improvement in a floodway shall comply with all other applicable flood
hazard reduction provision s of Article 4. After satisfying the required provision s stated in
this section, encroachments in floodways should be limited to the following types of
projects :
(a) flood control and stormwater management structure s;
(b)
(c)
(d)
road improvements and repairs ;
utility easements/right s-of-way ; and
public improvements or public structures for bridging over the floodway .
(4) Fencing shall be prohibited in floodways unless it is demonstrated that such development
will not cause any increase in the BFE . Appropriate analysis and documentation shall be
submitted along with the development permit for review and approval. Fences that have
the potential to block or restrict the passage of floodwaters (by trapping debris or with
open ings too small to allow unh indered passage of water), such as stockade and wire mesh
fences , shall meet the requirements of Article 4, Section C(2).
(5) Structures designed for human habitation are prohibited within the adopted regulatory
floodway .
(6) As long as no fill, structures (including additions), or other impediments to fl.ow are added,
permissible us es within thejl.oodway may include : lawns, gardens, athletic fields, play
areas, picnic grounds, and hiking/biking/horseback riding trails, general farming, pasture,
outdoor plant nurseries, horticulture, forestry, wildlife sanct ua ry, game farm, and other
similar agricultural, wildlife, and related uses. The uses in this subsection are permissible
on{v if and to the extent that they do not cause any increase in flood levels during the base
flood discharge.
(7) En croachments, including fill , new co ns truction , placement of manufactured homes,
sub stantial improvements, and other development, are prohibited in the regulatory
floodway .
SECTION D BUILD ING STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD
ELEVATIO NS (APPROXIMATE A-ZONES)
Located within the SFHAs established in Article 2, Section B, where streams exist but no base flood
data have been provided (Approximate A-Zones), the following provisions apply :
(I ) BFE data shall be provided for new subdivision proposals and other proposed development
(including manufactured home parks and subdivisions) greater than fifty (SO) lots or five (5)
acres , whichever is the lesser.
(2) When BFE data or floodway data have not been provided in accordance with Article 2,
Section B then the Floodplain Administrator shall obtain, review, and reasonably utilize any
scientific or historic BFE and floodway data available from a Federal , State , or other source ,
in order to administer the provisions of Article 4 . ONLY if data are not available from these
sources , then Art icle 4, Section D, provisions (4) and (S) shall apply.
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(3) All development in Zone A must meet the requirements of Article 4, Section A and Sections
8(1), 8(2), 8(3), 8(5), 8(6), 8(7), 8(8), 8(9), and 8(10).
(4) In SFHAs without 8FE data, new construction and substantial improvements of existing
structures shall have the lowest floor (for the lowest enclosed area ; including basement)
elevated no less than three (3) feet above the highest adjacent grade . As the requirements
set forth in Article 4, Section 8(1) and 8(2) stipulate the lowest floor to be elevated no less
than one foot about the 8FE, then the structure for this condition shall be elevated no less
than four (4) feet about the highest adjacent grade.
(5) In the absence of a 8FE , a manufactured home must also meet the elevation requirements
of Article 4, Section 8(4)(b)(ii)-8(4)(b)(iv) in that the structure cannot be elevated above a
ma ximum of 60 inches (S feet) and all utilities and mechanical equipment must be elevated
a minimum of three (3) feet above the highest adjacent grade .
(6) Enclosures for elevated buildings in Zone A areas shall comply with the standards of Article
4, Section 8(3)(a). The Floodplain Administrator shall certify the lowest floor elevation
level and the record shall become a permanent part of the permit file .
SECTION E STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES)
Special flood hazard areas established in Article 2, Section 8 may include designated "AO" shallow
flooding areas . These areas have base flood depths of one to three feet (1 '-3') above ground , with
no clearly defined channel. The following provisions apply :
(I) All new construction and substantial improvements of residential and nonresidential
structures shall have the lowest floor, including basement, elevated above the highest
adjacent grade at least as high as the depth number specified on the Flood Insurance Rate
Map (FIRM) plus one foot of freeboard . If no depth number is specified, the lowest floor
(including basement) shall be elevated at least three (3) feet above the highest adjacent
grade . Openings sufficient to facilitate the unimpeded movements of flood waters shall be
provided in accordance with standards of Article 4, Section 8(3).
The i::leedplaiR .ll.ElmiRistFater applicant shall GeFtify provide an Elevation Certificate to
verify the lowest floor elevation level in relation to natural grade, and the record shall
become a permanent part of the permit file .
(2) New construction and the substantial improvement of a non-residential structure may be
flood proofed in lieu of elevation . The structure, together with attendant utility and
sanitary facilities, must be designed to be water tight to the specified flood level in
(3 )
Article 4, Section E(l) or three (3) feet (if no depth number is specified), above highest
adjacent grade , with walls substantially impermeable to the passage of water, and
structural components having the capability of re sisting hydrostatic and hydrodynamic
loads and the effect of buoyancy . As the requirements set forth in Article 4, Section 8(1)
and 8(2) stipulate the lowest floor to be elevated no less than one foot about the 8FE , then
the structure for this condition shall be elevated no less than four (4) feet about the
highest adjacent grade.
A professional engineer, who is licensed to practice in the State of Alabama , or licensed
architect, who is registered in the State of Alabama, shall certify that the design and
methods of construction are in accordance with accepted standards of practice for
meeting the provisions above and shall provide such certification to the official as set forth
above and as required in Article 3, Section 8(1) and (2).
( 4) Drainage paths shall be provided to guide floodwater around and away from any proposed
structure .
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SECTION F. STANDARDS FOR COASTAL HIGH HAZARD AREAS IV-ZONES)
Located within the areas of special flood hazard established in Article 2, Section B, are areas
designated as Coastal High Hazard areas (V-Zones) and Coastal A Zones . These areas have special
flood hazards associated with wave action and storm surge; therefore, the following provisions shall
apply, in addition to the standards of Article 4 :
(I) All new construction and substantial im provements of existing structures shall be located
landward of the reach of the mean high tide .
(2) All new construction and substantial improvements of existing structures shall be elevated
on piles , columns, or shear walls parallel to the flow of water so that :
(3)
(4)
(a) The bottom of the lowest supporting horizontal structural member (excluding
pilings or columns) is located no lower than one foot above the base flood elevation
or to the flood protection level ; whichever is higher. All space below the lowest
supporting member shall remain free of obstruction . Further inform ation and
technical guidance is available in FEMA Technical Bulletin 5-Free of Obstruction
Requirements (March 2020).
(b) Open lattice work, non-supporting breakaway walls, or decorative screening may
be permitted for aesthetic purposes only and built in accordance with Article 4,
Section F(S) below .
(c) All pile and column foundations and the structures attached thereto shall be
anchored to resist flotation , collapse, and lateral movement due to the combined
effects of wind and water loads acting simu ltaneously on ALL building components,
both (non -structural and structura l). Water and wind loading values shall be in
accordance with the most current edition of the State Building Code and any
applicable local building standards.
All new construction and substantial improvements of existing structures shall be securely
anchored on pilings , columns, or shear walls .
A professional engineer, who is licensed to practice in the State of Alabama, or li,eRsed
ard1iteet, , .... ho is registered iR the State of Alabama shall develop or review the structural
design , specifications and plans for construction and sha ll certify that the design and
methods of construction to be used are in accordance with accepted stan dard s of practice
for meeting the provisions contained in Article 4, Section F(2), (3), and (4) herein .
(5) For all new construction and substantial improvements in Zones Vl-30, VE, and V and
Coastal A Zones , the space below the lowest horizontal-supporting member must be free
of obstruction or constructed with non-s upporting breakaway walls , open wood or vinyl
latticework, or insect screening which must be designed to collapse under wind and water
loads without causing collapse , displacement, or other structural damage to the elevated
portion of the building or supporting foundation system. The following design
specifications are required :
(a) No solid or supporting walls shall be allowed, and;
Material sha ll consist of lattice or mesh screening only . (b)
(c) If aesthetic lattice work, non-supporting breakaway walls, or screening is utilized,
any enclosed space shall not be used for human habitation but, shall be designed to
be used only for parking of vehicles, building access, or limited storage of
maintenance equipment used in connection with the premise s.
(d) For the purpose of this section, a breakaway wall shall have a design safe loading
resistance of not les s than 10 and no more than 20 pounds per square foot . Use of
breakaway walls which exceed a design safe loading resistance of 20 pounds per
square foot (either by design or when so required by local codes) may be permitted
only if a professional engineer, who is licensed to pract ice in the State of Alabama ,
or li,eRsed ar,hiteet, wl:lo is registered iR the !itate of Alabama certifies that the
designs proposed meet the following conditions :
(i) Breakaway wall collapse shall result from water load less than that which
would occur during the base flood , and;
August 2023 Edition pg I 2s
Page 28 of 46
(ii) The elevated portion of the building and supporting foundation system shall
not be subject to collapse, displacement, or other structural damage due to
effects of wind and water loads acting simultaneously on all building
components (structural and nonstructural). Water loading values used shall
be those associated with the base flood . Wind loading values used shall be
those requirements by applicable state or local building codes .
(iii) The lowest horizontal structural member shall be oriented perpendicular,
where possible, to the expected wave crest in order to reduce the impact
load from the waves .
(6) Enclosures below elevated buildings shall be useable solely for storage, parking of vehicles,
or building access . Such space will not be used for human habitation and not finished or
partitioned into separate room s.
(7) Above grade (hanging) enclosures shall have flood openings in accordance with Article 4,
Section 8(3) and be constructed with flood damage -resistant material below the flood
protection elevation . One or more floor grates or drains shall be installed in the enclosure
floor to allow water to have unimpeded ingress into and egress from the enclosure to
reduce damage s from buoyancy loads and from added weight .
(8) Prior to construction , plans for any structure using lattice, breakaway walls , or decorative
screening must be submitted to the Floodplain Administrator for approval.
(9) Any alteration, repair, reconstruction or improvement to any structure shall not enclose
the space below the lowest floor except with lattice -work, breakaway walls, or decorative
screening, as provided in this Section .
(10) In Coastal AE Zones, property owners shall be required to execute an elevation certificate
with an affidavit acknowledging that all flood openings in breakaway walls will be
maintained as flood vents, and that the elimination or alteration of the openings in any
way will violate the requirements of Article 4, Section 8(3).
( 11 ) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural
member of the lowest floor (excluding pilings and columns) of all new and substantially
improved structures in Zones Vl-30, VE , and V and Coastal AE Zones . The Floodplain
Administrator shall maintain a record of all such information .
(12) Prohibit the use of fill for structural support of buildings or structures and from being
placed or used under the buildings or structures except for minor site grading for drainage
purposes . Nonstructural fill may be used on coastal building sites for minor landscaping
and si te grading for drainage purposes to the extent that the fill doe s not interfere with the
free passage of floodwaters and debris underneath buildings or cause changes in flow
direction during coastal storms . Changes to site grades, other than those prescribed
above , must be avoided as they can cause damage to buildings on the site or to adjacent
buildings .
The Floodplain Administrator shall approve design plans for landscap in g/ aesthetic fill only
after the applicant has provided an analysis by an engineer, architect, and/or soil scientist,
which demonstrates that the following factors have been fully considered :
(a) Particle composition of fill material does not have a tendency for excessive natural
compaction;
(b) Volume and distribution of fill will not cause wave deflection to adjacent
properties; and
(c) Slope of fill will not cause wave run-up or ramping .
( 13) Fill placed in coastal zones should be similar (compatible) to the natural soils in the area
and not contain large rocks or debris, organic materials, or clay . Minor site grading is to be
limited to the addition of one to two feet of coastal zone compatible soils . If additional fill
(greater than two feet) or non -compatible soils are to be added to the site, certification by
a professional engineer or architect shall be submitted along with design calculations
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Page 29 of 46
demonstrating that no adverse impacts will result to the building. (For guidance, see FEMA
Technical Bulletin #5 "Free of Ob struction Requirements ").
( 14) Prohibit man -made alteration of sand dunes and mangrove stand s which would increase
potential flood damage .
( 15) Prohibit the placement of manufactured homes (mobile homes), except in an existing
manufactured homes park or subdivision . A replacement manufactured home may be
placed on a lot in an existing manufactured home park or subdivision provided the
anchoring and elevation standards of Article 4, Section 8(4) are met. All standards from
Article 4, Sections F(l) through F(l5} must also be met.
(16) A recreational vehicle placed on a site in a VE Zone must meet all the applicable
requirements for "new construction " in Article 4, Sections A and B including the elevation
and anchoring requirements for manufactured homes, unless it is either :
(a) On the site for fewer than 180 consecutive days, or
(b ) Fully licensed and ready for highway use . "Ready for highway use " means that it is
on its wheels or jacking system , has a valid state license tag , is attached to the site
only by quick disconnect type utilities, and has no permanently attached additions .
If a recreational vehicle does not meet the criteria of Article 4, Section E(17)(a) and (b),
then it must meet the requirements in Sections D(2) through D(lS) along with all other
provisions for deve lopment in this Ordinance .
SECTION G STANDARDS FOR SUBDIVISIONS AND OTHER DEVELOPMENT
All subdivision proposals and other proposed development (including proposals for manufactured
home parks and subdivisions) greater than 50 lots or 5 acres , whichever is the lesser, shall include
within the drawings, plans , and permits for such proposals the following :
(I ) BFE data;
(2) Provisions to minimize flood damage ;
(3 ) Publ ic utilities and facilities such as sewer, gas , electrical and water systems located and
constructed to minimize flood damage ;
(4) Adequate drainage provided to reduce exposure to flood hazards without negatively
impacting adjacent properties ;
(5) Preliminary plans for review and approval of the platted subdivision which identifies the
Special Flood Hazard Area , floodway boundaries , the BFE, and other areas regulated by the
community;
(6) Final subdivision plats that identify the boundary of the special flood hazard area , the
floodway boundary, the BFEs , and any drainage easements to reduce the risk for flash
flooding ;
SECTIONH. CRITICAL FACILITIES
Construction of new and substantially improved critical facilities, which are those for which the
effects of even a slight chance of flooding would be too great, shall be located outside the limits of
the SFHA or other flood hazard area regulated by the community. These types of facilities (hospitals,
fire stations, police stations, storage of critical records, etc.) are given special consideration when
formulating regulatory alternatives and floodplain management plans. Construction of new critical
facilities (including the modification of an existing structure not previously classified as a critical
facility) shall be permissible within the SFHA or other area regulated by the community only if no
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feasible alte rn ative site is available and access to the facilities remains available duri ng a 0.2 percent
chan ce flood (a.k.a., 500-year flood).
(I ) Cri tic al facilities constructed within the SFHAs shall have the lowest floor elevated three
fee t above the BFE at the site (or to the 0 .2 percent chan ce flood eleva tion whichever is
greater).
(2) Floodproofing and sealing measures must be implemented to ensu r e that any and all on -
si te to xic substances will not be displaced by or released into floodwaters .
(3) Multiple access routes, elevated to or above the 0.2 percent flood elevation, shall be
provided to all critical facilities to the maximum extent possible .
(4) Crit ic al facilities must be protected to or above the 0.2 percent chan ce flood and must
r ema in operable during such an event.
(a) The community's flood response plan must list critical facilities.
(b) Other facilities in /ow -risk flood zones that may also be needed to support flood
r esponse efforts must be included on the cri t ical facility list.
(5) The "use " classification of any structure shall not be changed to that of a critical facility,
where such a change in use will render the new critical facility out of conformance with th is
section .
SECTION A.
ARTICLE 5
VARIANCE PROCEDURES
DESIGNATION OF VARIANCE AND APPEALS BOARD
The Building Code Board of Appeals as established by the City Council of The City of Fairhope ,
Alabama shall hear and decide requests for appeals or variance from the requirements of this
Ordinance .
SECTION B. DUTIES OF BOARD
The Board shall hear and decide appeals when it is alleged an error in any requirement, deci sion, or
determination is made by the Floodplain Administrator in the enforcement or administration of this
Ordinance . Any person aggrieved by the decision of the Building Code Board of Appeals may appeal
such decision to the Fairhope Municipal Court .
SECTION C. CONDITIONS FOR VARIANCES
The provisions of this Ordinance are minimum sta ndard s for flood loss reduction, therefore any
deviation from the standa rd s must be weighed carefully. Variances shall only be issued upon a
determination that the variance is the minimum necessary, con sidering the flood hazard , to afford
relief.
(1) A variance may be issued for new constructi on and substantial improvements 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 , in conformance with the proce du r es of Sections
C(3), C(4), F(l) and F(2) of this Article .
(2) In the instance of a Historic Structure, a determination is required that the variance is the
minimum necessary so as not to destroy the historic character and de sig n of the building.
(3) A variance shal l be issued ONLY when there is :
August 2023 Edition pg I 28
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(a) A finding of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional
hardship (cannot be personal physical or financial hardship); and
(c) A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisance, cause fraud on or victimization of the public, or conflict with existing local
laws or ordinances .
(4) A variance shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard , to afford relief.
(S) Variances shall not be issued "after the fact."
SECTION D. VARIANCE PROCEDURES
In reviewing requests for variance, the Bu i lding Code Board of Appeals shall consider all technical
evaluations, relevant factors, and standards specified in other sections of this Ordinance, and :
(1) Certain facilities and structures must be located on or adjacent to water in order to
perform their intended purpose which may result in practical and operational difficulties
due to the physical characteristics of the property. Variances may be issued for
development necessary for conducting of a functionally dependent use, provided the
criteria of this Article are met, no reasonable alternative exists , the development is
protected by methods that minimize flood damage during the base flood , and it create s no
additional threats to public safety.
(2) Variances shall not be issued for any new structure, habitable structure, or a structure
subject to Cumulative Substantial Improvement/Damage within any designated floodway .
if .O.NV iRcFease iR fleeEI le•,els El1iFiRg the base fleeEI ElischaFge we1ilEI Fes1ilt.
(3) Variances may be issued for the construction or substantial improvement of acces sory
structures provided it has been determined that the proposed structure :
(a) Represents minimal investment and has low damage potential (amount of physical
damage, contents damage , and loss of function).
(b) Is larger than the size limits specified in Article 4, Section 8(7)(i).
(c) Complies with the wet flood proofing construction requirements of Article 4,
Section (8)(3).
(4) Variances may be issued for the construction or substantial improvement of agricultural
structures provided it has been determined that the proposed structure :
(a) Is used exclusively in connection with the production, harvesting, storage , raising,
or drying of agricultural commodities and livestock, or storage of tools or
equipment used in connection with these purposes or uses , and will be restricted to
such exclusive uses .
(b) Has low damage potential (amount of physical damage , contents damage , and loss
of function).
(c) Does not increase risks and pose a danger to public health, safety, and welfare if
flooded and contents are relea sed , including but not limited to the effects of
flooding on manure storage , livestock confinement operations, liquified natural gas
terminals, and production and storage of highly volatile, toxic , or water-reactive
materials .
(d) Is an aquaculture structure that is dependent on proximity to water if located in a
coastal high -hazard area (Zones V, VE , Vl 30 , and VO).
(e) Complies with the wet floodproofing construction requirements of Article 4,
Section (8)(3).
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(S) Th e evaluation mu st be based on the characteri stics unique to that property and not be
shared by adjacent parcels . The characteristics mu st pertain to the land itself, not to the
st r ucture, its inhabitants, or its owners.
(6) Var i an ces should never be granted for multiple lots, pha ses of subdiv isi on s, or entire
subd ivi sions .
(7) Careful consideration and evaluation should be given to the follo wi ng factors :
(a) The dange r of life and property due to flood i ng or eros ion damage includin g
materials that may be swept onto other lands to the injury of others .
(b) The su sceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner and the community .
(c) The safety of access to the property during flood condition s for daily traffic and
emergency vehicles.
(d) The importance of the services provided by the proposed facility to the community .
(e) The necessity of the facility to be at a waterfront location , where applicable .
(f) The compatibility of the proposed use with existing and anticipated development
based on the community's comprehensive plan for that area .
(g) If applicable, the expected heights, veloCity, duration, rate of ri se, and sediment
transport of the floodwaters and the effects of wave action expected at the site .
(h) The costs associated with providing governmental service s to the development
during and after flood conditions, including maintenance and repair of public
utilities and facilities such as sewer, gas , electrical , and water systems, and
community infrastructure such as street s, bridges , and culverts.
Upon con sideration of factors listed above , and the purpose of this Ordinance, the Building Code
Board of Appeals may attach such condition s to the granting of variance s as it deems nece ss ary to
further the purposes of thi s Ordinance .
SECTION E. VARIANCES FOR HISTORIC STRUCTURES
Variances may be issued for the repair or rehabilitation of Hi storic Structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure 's
continued designation as a Historic Structure and the variance is the m i n i mum to preserve the
historic character and design of the structure .
SECTION F. VARIANCE NOTIFICATION AND RECORDS
(I) Any applicant to whom a variance is granted shall be given written notice over the
signature of a community official that specifies the difference between the BFE and the
elevation of the proposed lowest floor and stating that the issuance of such a variance
could :
(a) r esult in flood insurance rate increases in the hundreds and possibly thousands of
dollars annually depending on structure and site -specific conditions; and
(b) increase the risk to life and property resulting from construction below the base
flood level.
(2) The Floodplain Administrator shall maintain a record of all variance actions and appeal
actions , including justification for their issuance . Report any variances to the Federal
Emergency Management Agency Region 4 and the Alabama Department of Economic and
Community Affairs/Office of Water Resources upon request .
(3 ) A copy of the notice shall be recorded by the Floodplain Administrator i n the Office of the
City Clerk and shall be recorded in a manner so that it appears in the chain of title (i .e.,
deed) of the affected parcel of land .
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ARTICLE 6
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 .
A Zone mean s the special flood hazard areas on a FIRM without base flood elevations determined .
Administrator means the Administrator of the Federal Emergency Management Agency (FEMA).
Accessory Structure (also referred to as Appurtenant Structures) means a structure which is
located on the same parcel of property as a principal structure and the use of which is incidental to
the use of the principal structure. Detached garages and small sheds used for limited storage are
considered accessory structures . Other examples of accessory structures include gazebo s, picnic
pavilions , boathouses, small pole barns , storage sheds , and similar buildings . An accessory
structure specifically excludes structures used for human habitation .
Addition (to an Existing Building) means any improvement that increases the square footage of a
structure . These include lateral additions added to the front, side , or rear of a structure, vertical
additions added on top of a structure, and enclosures added underneath a structure. NFIP
regulations for new construction apply to any addition that is considered a substantial
improvement to a structure .
AE Zone mean s the special flood hazard areas on a FIRM with base flood elevations determined .
Agricultural Structure means a walled and roofed structure used exclusively for agricultural
purposes or uses in connection with the production , harvesting, storage , rai sing, or drying of
agricultural commodities and livestock, including aquatic organisms . Aquaculture structures are
included within this definition . Structures that house tools or equipment used in connection with
these purposes or uses are also considered to have agricultural purposes or uses .
AH Zone mean s area of special food hazards on a FIRM having shallow water depths and/or
unpredictable flow paths between one (1) and three (3) feet , and with water surface elevations
determined .
AO Zone means an area of special flood hazards on a FIRM having shallow water depths and /or
unpredictable flow paths between one (1) and three (3) feet .
Appeal mean s a request for a review of the {Appointed Officials} interpretation of any provision of
this Ordinance.
Appurtenant Structure (see definition for Accessory Structure)
AR/AE, AR/AH, AR/AO, and AR/A Zones means on area of special flood hazard on a FI RM that
results from the decertification of a previously accredited flood protection system t hat is
determined to be in the process of being restored to provide base flood protection.
A99 Zone means an area of special flood hazard on a FIRM w here enough progress hos been made
on a protective system, such as dikes, dams, and le vees, to consider it complete for insurance
rating purposes.
Area of Future -conditions Flood Hazard means the land area th at would be inundated by the 1-
percent-annual-chance {10 0-year) f l ood based on future-conditions hydrology.
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Area of Shallow Flooding means a designated AO , AH , AR/ AO , AR/ AH or VO zone on a
community's FIRM with a 1 percent or greater annual chance of flooding to an average depth of
one (1) to three (3) feet where a clearly defined channel does not exist , where the path of flooding
unpredictable , and where veloCity flow may be evident. Such flooding is characterized by ponding
or sheet flow.
Area of Special Flood Hazard (see definition for Special Flood Hazard Area)
Area of Special Flood-related Erosion Hazard means the land within a community which is mast
likely to be subject to severe flood-related erosion losses . The area may be designated as Zone E on
the Flood Hazard Boundary Map (FHBM). After the detailed evaluation of the special flood-related
erosion hazard area in preparation for publication of the FIRM, Zone E may be further refined.
Area of Special Mudslide {i.e., mudf/ow} Hazard area means the land within a community most
likely to be subject to severe mudslides (i .e., mud/lows). The area may be designated as Zone Mon
the FHBM. After the detailed evaluation of the special mudslide (i.e., mud/low) hazard area in
preparation for publication of the FIRM, Zone M may be further refined.
Base Flood means the flood having a one percent chance of being equaled or exceeded in any
given year (also referred to as the "one percent chance flood ").
Base Flood Elevation (BFE) means the elevation of surface water resulting from a flood that has a
1% chance of equaling or exceeding that level in any given year . The BFE is shown on the FIRM for
zones AE , AH , Al-A30, AR, AR/A, AR/AE , AR/Al-A30 , AR/AH , AR/AO , Vl-V30 and VE . It is the
regulatory requ i rement for the elevat ion of flood proofing of structures . The relationship between
the BFE and a structure's elevation determines the flood insurance premium .
Basement means any portion of a building having its floor sub grade (below ground level) on all
sides .
Building (also see Structure) means a structure with two or more outside rigid walls and a fully
secured roof that is affixed to a permanent site ; a manufactured home or a mobile home without
wheels , built on a chassis and affixed to a permanent foundation, that is regulated under the
community's floodplain management and building ordinances or laws . "Building" does not mean a
gas or liquid storage tank or a recreational vehicle, park trailer or other similar vehicle .
Community means any State or area or political subdivision thereof, or any Indian tribe or
authorized tribal organization, or authorized native organization, which has authority to adopt and
enforce floodplain management regulations for the areas within its jurisdiction .
Community Rating System (CRS} means a voluntary program developed by the Federal Insurance
Administration to provide incentives for those communities in the Regular Program that have gone
beyond the minimum floodplain management requirements to develop extra measures to provide
protection from flooding.
Condominium Building means a type of building in the form of ownership in which each unit
owner has an undivided interest in common elements of the building .
Critical Facility (aka , critica l action) mean s facilities or activities for which even a sl ight chance of
flooding is too great a threat . Typical critical facilities include hospitals, fire stations, police
station s, storage of critica l records, and similar facilities . These facilities should be given special
considerat ion when formulating regulatory alternatives and floodplain management plans . A
critical facility shou ld not be located in a floodplain if at all possible .
Critical Feature means an integral and readily identifiable part of a flood protection system,
without which the flood protection provided by the entire system would be compromised.
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Cumulative Substantial Improvement/Damage means any combination of reconstruction,
alteration, or improvement to a bu i lding, taking place during a 5 -year [or 10-yearl period, in which
the cumulati ve percentage of improvement equals or exceeds 50 percent of the current market
value of the structure before the "start of construction " of the initial improvement. Any
subsequent i mprovement project costs shall be added to the initial costs for the initial
improvement project. At the end of a 5 -year [or 10-yearl oeriod from the initial improvement
project, an updated valuation for the structure can be used for the next time period. Damages can
be from any source .
D Zone means an area in which the flood hazard is undetermined.
Dam means an artificial barrier, that has the ability ta impound water, wastewater, or any liquid-
borne material, for the purpose of storage or control of water.
Design Flood Elevation (DFE) means the locally adopted regulatory flood elevation . It is the
minimum elevation to which a structure must be elevated or floodproofed . DFE is the sum of the
base flood elevation and freeboard , based a building's structu ral category. In areas designated as
Zone AO on a community's flood map , the DFE is the elevation of the highest existing grade of a
building's perimeter plus the depth number specified on the flood hazard map . In area s
designated as Zone AO where a depth is not specified on the map , the depth is two feet . In all
cases , the DFE must be at lea st as high as the base flood elevation.
Developed Area means an area of a community that is :
a. A primarily urbanized, built-up area that is a minimum of 20 contiguous acres, has basic
urban infrastructure, including roods, utilities, communications, and public facilities, to
sustain industrial, residential, and commercial activities, and
i. Within which 75 percent or more of the parcels, tracts, or lots contain commercial,
industrial, or residential structures or uses; or
ii. Is a single parcel, tract, or lot in which 75 percent of the area contains existing
commercial or industrial structures or uses; or
iii. Is a subdivision developed at a density of at least two residential structures per
acre within which 75 percent or more of the lots contain existing residential
structures at the time the designation is adopted.
b. Undeveloped parcels, tracts, or lots, the combinati on of which is less than 20 acres and
contiguous on at least 3 sides to areas meeting the criteria of paragraph "a" at the time
the designation is adopted.
c. A subdivision that is a minimum of 20 contiguous acres that has obtained all necessary
government approvals, provided that the actual "start of construction " of structures has
occurred on at least 10 percent of the lots or remaining lots of a subdivision or 10 percent
of the maximum building coverage or remaining building coverage allowed for a single lot
subdivision at the time the designation is adopted and construction of structures is
underway. Residential subdivisions must meet the density criteria in paragraph (a)(iii).
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,
excavation , drilling operations, or storage of equipment or materials .
Elevated Building means, for insurance purposes , a non -basement building which has its lowest
elevated floor raised above ground level by foundation walls, shear walls, pilings , posts, column s,
piers, or shear walls .
Elevation Certificate mean s a FEMA form used as an administrative tool of the NFIP to provide
building elevation information necessary to ensure compliance with community floodplain
management ordinances, to inform the proper insurance premium , and to support a request for a
LOMA , CLOMA , LOMR -F, or CLOMR -F.
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Encroachment means activities or construction within the floodway including fill, new
construction , substantial improvements, and other development.
Existing Construction means, for the purposes of determin i ng rates, structures for which the "start
of construction " commence d before the effective date of the FIRM or before January 1, 1975, for
FIRMs effective before that date . "Existing construction " may also be referred to as "existing
structures".
Existing Manufactured Home Park or Subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum the installation of utilities, the
construction of streets, and final site grading or the pouring of concrete pads) is completed before
the effective date of the original floodplain management regulations adopted by the community .
Expansion to an Existing Manufactured Home Park or Subdivision means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed, including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads .
Fair Market Value means the price that the seller is willing to accept and the buyer is to pay on the
open market and in an arm's length transaction .
Flood or Flooding means :
a. A general and temporary condition of partial or complete inundation of normally dry land
areas from :
i . The overflow of inland or tidal waters.
ii. The unusual and rapid accumulation or runoff of surface waters from any source .
iii. Mudslides which are proximately caused by flooding as described in part "b ." of
this definition and are akin to a river of liquid and flowing mud on the surfaces of
normally dry land areas , as when earth is carried by a current of water and
deposited along the path of the current.
b . The collapse or subsidence of land along the shore of a lake or other body of water as a
result of erosion or undermining caused by waves or currents of water exceeding
anticipate d cyclical levels or suddenly caused by an unusually highwater level in a natural
body of water, accompanied by a severe storm , or by an unanticipated force of nature,
such as flash flood or an abnormal tidal surge, or by some similarly unusual and
unforeseeable event which results in flooding as defined in paragraph "a" of this
definition .
Flood Damage-Resistant Material means any building product capab le of withstanding direct and
prolonged contact with floodwaters without sustaining significant damage . Prolonged contact is
defined as at least 72 hours . Significant damage is any damage requiring more than low-cost
cosmetic repair (such as painting).
Flood Elevation Determination means a determination by the Federal Insurance Administrator of
the water surface elevations of the base flood, that is, the flood level that has a one percent or
greater chance of occurrence in any given year .
Flood Elevation Study means an examination, evaluation, and determination of flood hazards and ,
if appropriate, corresponding water surface elevations, or an examination , evaluation , and
determination of mudslide (i.e ., mudflow) and/or flood-related erosion hazard s.
Flood Hazard Boundary Map (FHBM) means an officia l map of a community, issued by the Federal
Insurance Administ ration, w here t h e boundaries of special flood hazard areas have been
des ignated as Zones A, M , and/or E.
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Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Federal
Insurance Administrator has delineated both the sp ecial ha zard areas and the risk premium zones
appli cable to the commun ity. A FIRM that has been made available digitally is called a Digital
Flood Insurance Rate Map (DFIRM).
Flood Insurance Study (see Flood Elevation Study)
Floodplain (or Flood-Prone Area) means any land area suscep tible to being inundated by water from
any source (see definition of Flooding).
Floodplain Management mean s the ope ration of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency preparedness plans ,
flood control works, and floodplain management regu lation s.
Floodplain Management Regulations means this Ordinance and other zoning ordinances ,
subdivision regulations , building codes , health regulations, special purpose ordinances (such as
those for floodplain management , stormwater management, watershed management, grading/
earthwork, and erosion control), and other applications of police power. This term describes state
or lo cal regulations in any combination thereof, which provide standards for the purpose of flood
damage prevention and reduction .
Floodproofing means any combination of struct ural and nonstructural additions, changes or
adjustments to structures, which reduce or eliminate risk of flood damage to real estate or
improved real property, water and sanitation facilities , structures, and their contents .
Flood Protection System means those physical structural works for which funds have been
authorized, appropriated, and expended and which have been constructed specifically to modify
flooding in order to reduce the extent of the area within a community subject to a "special flood
hazard" and the extent of the depths of associated flooding. Suc h a system typically includes
hurricane t idal barriers, dams, reservoirs, levees or dikes . These specialized flood modifying works
are those constructed in conformance with sound engineering standards.
Flood-related Erosio n means the collapse or subsidence of land along the shore of a lake or other
body of water as a result of undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of
water, accompanied by a severe storm, or by an unanticipated f orce of nature, such as a flash flood
or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in
flooding .
Floo d-related Erosion Area or Flo od-related Erosio n Pron e Are a means a land area adjoining the
shore of a lake or other body of water, which due to the composition of the shoreline or bank and
high water levels or wind-driven currents, is likely to suffer flood-related erosion damage .
Flood-rela ted Erosion Area Management means the operation of an overall program of corrective
and preventive measures for reducing flood-related eros ion dam age, including but not limited to
emergency preparedness plans, flood-related erosion control w orks, and flood plain management
regulations .
Floodway (see definition for Regulatory Floodway)
Floodway Fringe (or Flood Fringe) means the portion of the Special Flood Hazard Area outside of
the floodway, which experiences shallower, lower-veloCity floodwater than in the floodway . It
ser ve s as a temporary floodwater storage area during a flood .
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Floodway Encroachment lines mean the lines marking the limits of floodways on Federal ,
State and local flood plain maps.
Freeboard means a factor of safety usually expressed in feet above a flood level for purposes
of flood plain management. "Freeboard " tends to compensate for the many unknown factors
that could contribute to flood heights greater than the height calculated for a selected size
flood and floodway conditions, such as wave action , bridge openings , and the hydrological
effect of urbanization of the watershed .
Functionally Dependent Use means a means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes only docking
facilities, port facilities that are necessary for the loading and unloading of cargo or passengers ,
and ship building and ship repair facilities , but does not include long-term storage or related
manufacturing facilities .
Future -conditions Flood Hazard Area, or Futu re-conditions Floodplain (see Area of Future-
con ditions Flood Hazard}
Futu re-conditions Hydrology means the flood discharges associated with projecte d land-use
conditions based on a co mmunity's zoning maps an d/or com pre hensive land-use plans and without
consideration of projected f u t ure construction of flood detention structures or projected future
hydraulic modifications within a stream or other waterway, such as bridge and culvert
construction, fill, and excav atio n.
Hazardous Substance (or Material) means any substance or material that, when involved in an
accident and released in sufficient quantities, poses a risk to people's health , safety, and/or
property. These substances and materials include explosives , radioactive materials, flammable
liquids or solids, combustible liquids or solids , poisons , oxidizers, toxins, and corrosive materials . It
i ncludes any substance defined as a hazardous substance pursuant to 42 U.S.C. §9601(14) or listed
as a hazardous waste pursuant to the Hazardous Wastes Management Act , Section 22 -30-1 et seq .
and the regulations promulgated thereunder.
Highest Adjacent Grade means the highest natural elevation of the ground surface, prior to
construction , next to the proposed walls of a structure .
Historic Structure means any structure that is:
a. Listed individually in the National Register of Historic Places (a listing maintained by the
U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National Register:
b . Certified or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district :
c. Individually listed on a state inventory of historic places and determined as eligible by
states with historic preservation programs which have been approved by the Secretary of
the Interior; or
d . Individually listed on a local inventory of historic places and determined as eligible by
communities with historic preservation programs that have been certified either:
i. By an approved state program as determined by the Secretary of the Interior, or
ii. Directly by the Secretary of the Interior in states without approved programs .
Increased Cost of Compliance (ICC) means a claim under a standard NFIP flood insurance policy,
available to flood insurance policyholders who need additional funding to rebuild after a flood . It
provides up to $30,000 to help cover the increased cost of mitigation measures to bring a building
into compliance with the latest state or local floodplain management ordinances . Acceptable
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mitigation measures are elevation, flood proofing, relocation , and demolition, or any combination
of these measures .
Letter of Map Change (LOMC) is an official FEMA determination, by letter, to amend or revise
effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance
Studies. LOMC's are broken down into the following categories:
a . Letter of Map Amendment (LOMA)
An amendment based on technical data showing that a property was incorrectly included
in a designated SFHA, was not elevated by fill (only by a natural grade elevation), and will
not be inundated by the one percent chance flood . A LOMA amends the current
effective FIRM and establishes that a specific property is not located in a SFHA .
b. Letter of Map Revision (LOMR)
A revision based on technical data that, usually due to manmade changes, shows changes
to flood zones, flood elevations, floodplain and floodway delineations, and planimetric
features. One common type of LOMR, a LOMR-F, is a determination concerning whether
a structure or parcel has been elevated by fill above the BFE and is , therefore, excluded
from the SFHA .
c. Conditional Letter of Map Revision (CLOMR)
A formal review and comment by FEMA as to whether a proposed project complies with
the minimum NFIP floodplain management criteria . A CLOMR does not revise effective
Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance
Studies.
Lowest Adjacent Grade means the lowest elevation of the natural or regraded ground surface, or
structural fill (or concrete slab or pavement), at the location of a structure .
Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or
storage , in an area other than a ba sement, is not considered a building's lowest floor, provided
that such enclosure is not built so as to render the structure in violation of other provisions of this
Ordinance . This definition applies even when the floor below ground level is not enclosed by full-
height walls .
Manufactured Home means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home" does not include a
"recreational vehicle".
Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sa le .
Market Value (see definition for Fair Market Value)
Mean Sea Level means , for purposes of the National Flood Insuran ce Program , the National
Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on
a community's Flood Insurance Rate Map are referenced .
Mixed Use Buili:ling means a building that has both residential and non-residential uses .
National Flood Insurance Program (NFIP) is a federal program create d by the United States
Congress in 1968 to identify flood-prone areas nationwide and make flood insurance available for
properties in participating communities . Communities must enact and enforce floodplain
managem ent regulations that meet or exceed the criteria estab li shed by FEMA in order to
August 2023 Ed ition pg I 37
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participate in the program . This program requires properties within the floodplain with a federally
backed or r egulated mortgage, or those that receive federal housing subsidies , to buy flood
insurance .
National Geodetic Vertical Datum (NGVD) of 1929 means a national standard reference datum for
elevations, formerly referred to as Mean Sea Level {MSL) of 1929 . NGVD 1929 may be used as the
reference datum on some Flood Insurance Rate Maps {FIRMs).
New Construction means , for the purposes of determining insurance rates, structures for which
the "start of construction " commenced on or after the effective date of an initial FIRM or after
December 31 , 1974, whichever is later, and includes any subsequent improvements to such
structures . For floodplain management purposes, new construction means structures for which
the start of construction commenced on or after the effective date of a floodplain management
regulation adopted by a community and includes any subsequent improvements to such
structures .
An existing building is considered to be new construction if it is substantially improved or once it
has been repaired after being substantially damaged/improved .
New Manufactured Home Park or Subdivision means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are
to be affixed (including at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
Non-Residential Building means, a commercial or mixed -use building where the primary use is
commercial or non-habitational.
Non-residential Property means either a non -residential building, the contents within a non-
residential building, or both .
North American Vertical Datum (NAVO) of 1988 means the vertical control datum established for
vertical control surveying in the Unites States of America based upon the General Adjustment of
the North American Datum of 1988. It replaces the National Geodetic Vertical Datum {NGVD) of
1929 . Used by FEMA in many recent Flood Insurance Studies as the basis for measuring flood ,
ground , and structural elevations .
Post-FIRM means, for floodplain management purposes, a post-FIRM building is one for which
construction began after the effective date of a community's NFIP-compliant floodplain
management ordinance . For the purpose of determining flood insurance rates under the NFIP , a
post-FIRM building is a building for which construction began on or after the effective date of an
initial Flood Insurance Rate Map or after December 31 , 1974, whichever is later, including any
subsequent improvements to such structures .
Pre-FIRM means , for floodplain management purposes , a building for which the start of
construction occurred before the effective date of the community's NFIP-compliant floodplain
management ordinance . For the purpose of determining flood insurance rates under the NFIP , a
pre-FIRM building is a building for which construction began prior to the effective date of an initial
Flood Insurance Rate Map or on or before December 31 , 1974, whichever is later.
Recreational Vehicle means a vehicle which is :
a. Built on a single chassis ;
b . 400 square feet or less when measured at the largest horizontal projection;
c. Designed to be self-propelled or permanently towable by a light duty truck; and
d . Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel , or seasonal use .
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Regular Program means the Program authorized by the Act under which risk premium rates are
required for the first half of available coverage (also known as "first layer" coverage) for all new
cons truction and substan tial improvements started on or after the effective date of the FIRM , or
after De cember 31 , 1974, for FIRM's effective on or before that date . All buildings, the
construction of which starte d before the effective date of the FIRM , or before January 1, 1975 , for
FIRM s effective before that date, are eligible for first layer coverage at either su bsidized rates or
risk premium rates, whichever are lower. Regardless of date of construction , risk premiu m rates
are always required for the second layer coverage and suc h coverage is offered only after the
Administrator has completed a risk study for the community .
Regulatory Floodway means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to di scharge the base flood without cumulatively increas in g
the water surface elevation more than a de signa ted height .
Remedy a Violation means to bring the structures or other development into full or partial
compliance with State or local regulations or, if this is not pos sible, to reduce the impacts of its
non-compliance. Way s that impacts may be reduced include protecting the structure or other
affected development from flood damages , imp lementing the enforcement provision of the
ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure
with regard to the structure or other development.
Repetitive Loss Agricultural Structure means an agricultural structure covered by a NFIP con tract
for flood insurance that has incurred flood -re lated damage on two (2) separate occasions in which
the cost of repair, on the average, equaled or exceeded 25 percent of the value of the structure at
the time of each such flood event .
Repetitive Loss Property means any NFIP -insured single family or multi-family residential building
for which two or more claims of more than $1 ,000 were paid by the NFIP within any rolling 10-
year period , since 1978 . A repetitive loss property may or may not be currently insured by the
NFIP .
Residential Building means a non-commercial building de sig ned for habitation by one or more
families or a mixed -use building that qualifie s as a single-family, two-to-four family, or oth er
residential building.
Residential Property means either a residential building or the contents within a residential
building, or both .
Riverine means floodplain relating to, formed by, or resembling a river (including t ribu tarie s),
stream , brook, etc. Riverine floodplains have readily identifiable channels .
Section 1316 means Section 1316 of the National Flood Insurance Act of 1968, as amended , which
provides for the denial of flood insurance coverag e for any property which the Administrator find s
has been declared by a duly constituted State or local authority to be in violation of State or local
floodplain management regulations . Onc e a duly constituted State or local authority de clare s a
st ructure as being in violation , the Admini strator mu st deny flood insurance cove rage provided
that the individual or office making the declaration ha s the authority to do so and that the law or
regulation s violated wa s, in fact, intended to discourage or otherwise restrict land development or
occupan cy in the flood -prone area.
Section 1316 was intended for use primari ly as a backup for local enforcement actions (i.e ., if a
community could not force compliance through the enforcement mechan isms in its regulations , it
could use Section 1316 as additional leverage) and was not intended merely as a mechanism to
remove bad risks from the policy base . Section 1316 will only be implemented in instances where
States or commun ities submi t declaration s specific ally for that purpose.
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Severe Repetitive Loss Structure means a single family property (consisting of 1 to 4 residences)
that is covered under flood insurance by the NFIP and has incurred flood -related damage for which
4 or more separa te claims payments have been paid under flood insurance coverage , with the
amount of each claim payment exceeding $5 ,000 and with cumulative amount of such claims
payments exceeding $20,000; or for which at least 2 separate claim s payments have been made
with the cumulative amount of such claims exceeding the reported value of the property.
Sheet Flow Area (see definition for Area of Shallow Flooding)
Single-family Dwellini;: means either (a) a residential single-family building in which the total floor
area devoted to non-residential uses is less than 50 percent of the building's total floor area , or (b)
a single -family residentia l unit within a two-to-four family building, other-residential building,
business , or non-residential building, in which commercial uses within the unit are limited to less
than 50 percent of the unit's total floor area .
Special Flood Hazard Area (SFHA) means the land in the floodplain within a community subject to
a one percent or greater chance of flooding in any given year as shown on a FHBM or FIRM as
Zones A, AE , AH , AO , AR , AR/AE, AR/AO , AR/AH , AR/A , A99 , or VE . The SFHA is the area where the
National Flood Insurance Program's (NFIP 's) floodplain management regulat ions must be enforced
and the area where the mandatory purchase of flood insurance applies.
Start of Construction (for other than new construction or substantia l improvements under the
Coastal Barrier Resources Act {Pub . L. 97 -348)) means the date the development or building
permit was issued (includes substantial improvement), provided the actual st art of construction ,
repair, reconstruction, or improvement was within 180 days of the permit date . The actual start
means the first placement of permanent construction of the structure (including a manufactured
home) on a site, such as the pouring of slabs or footings , installation of piles , construction of
column s, or any work beyond the stage of excavation , and includes the placement of a
manufactured home on a foundation .
"Permanent construction " does not include initial land preparation , such as clearing, grading and
filling ; nor does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor
does it include the installation on th e property of accessory buildings, such as garages or sheds not
occupied as dwelling units or part of the main structure . For a substantial improvement, the
actual start of construction means the first alteration of any wall, cei ling, floor, or other structural
part of a building, whether or not that alteration affects the external dimensions of the building.
Structure means, for floodplain management purposes , a walled and roofed building, including a
liquid or gas storage tank, that is principally above ground, as well as a manufactured home . The
terms "s tructure" and "bui lding" are interchangeable in the NFIP . For insurance purposes,
structure means:
(1) A building with two or more outside rigid walls and a fully secured roof, that is affixed to
a permanent site ;
(2) A manufactured home ("a manufactured home ," also known as a mobile home, is a
structure : built on a permanent chassis, transported to its site in one or more sec tions,
and affixed to a permanent foundation); or
(3) A travel trailer without wheels , built on a chassis and affixed to a permanent foundation ,
that is regulated under the community's floodplain management and building ordinances
or laws .
For the latter purpose, "structure" does not mean a recreational vehicle or a park trailer or other
similar vehicle , except as described in paragraph {3) of this definition, or a gas or liquid storage
tank .
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Substantial Damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to it before damaged condition would equal or exceed SO percent of the
market value of the structure before the damage occurred .
Substantial Improvement means any reconstruction , rehabilitation, addition , or other
improvement of a structure, the cost of which equals or exceeds SO percent of the market value of
the structure before the "s tart of construction" of the improvement. This term includes structures
which have incurred "repetitive loss " or "s ub stantial damage", regardless of the actual repair work
performed . The term does not, however, include either :
a. Any project for improvement of a structure to correct exis ting violations of state or
local health , sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions {provided that said code deficiencies were not caused by neglect or
lack of maintenance on the part of the current or previous owners) or;
b . Any alteration of a "historic structure", provided that the alteration will not preclude
the structure's continued designation as a "historic structure".
Variance means a grant of relief by the (Community name) from the terms of a floodplain
management regulation .
Violation means the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations . A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in the Code of
Federal Regulations (CFR) §44, Sec. 60 .3(b)(S), (c)(4), (c)(lO), (d)(3), (e)(2), (e)(4), or (e)(S) is
presumed to be in violation until such time as that documentation is provided .
Watercourse means only the channel and banks of an identifiable watercourse and not the
adjoining floodplain areas . The flood carrying capacity of a watercourse refers to the flood
carrying ca pa City of the channel.
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum
(NGVD) of 1929 (or other datum , where specified) of floods of various magnitudes and frequencies
in the floodplains of coastal or riverine areas .
Wet floodproofing means a method of construction that involves modifying a building to allow
floodwaters to enter it in order to minimize damage to the building, using flood damage -resistant
materials below the DFE throughout the building, raising utilities and important contents to or
above the DFE, installing and configuring electrical and mechanical system s to minimize
disruptions and facilitate repairs, installing flood openings or other methods to equalize the
hydrostatic pressure exerted by floodwaters, and, where required , installing pumps to gradually
remove floodwater from basement areas after the flood .
Wet floodproofing shall not be utilized as a method to satisfy the requirements of this Ordinance
for bringing substantially damaged or improved structu res into compliance . Wet floodproofing is
not allowed in lieu of complying with the lowest floor elevation requirements for new residential
buildings.
X Zones (shaded) means the areas on a FIRM subject to inundation by the flood that has a 0 .2-
percent chance of being equaled or exceeded during any given year, often referred to the as S00 -
year flood .
X Zones (unshaded) designate s areas on a FIRM where the annual probability of flooding is less
than 0 .2 percent .
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Zone of Imminent Collapse means an area subjec t to erosion adjacent to the shore line of an
ocean , bay , or lake and within a distance equal to 10 feet plus 5 times the average annual long-
term erosion rate for the site , measured from the reference feature .
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ARTICLE 7
LEGAL STATUS PROVISIONS TO BE FORMATTED BY FAIRHOPE CITY CLERK FOR ADOPTION
SECTION A. SEVERABILITY
If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect
the validity of the remaining portions of this Ordinance.
SECTION B. ENFORCEABILITY OF ORDINANCE AND FUTURE REVISIONS
The provisions within this Ordinance must be legally enforceable; applied uniformly throughout the
community to all privately and publicly owned land within any regulated flood hazard areas; meet
the minimum standards set forth in §60 .3 of the Code of Federal Regulations Title 44; and the
community must provide that the provisions of this Ordinance take precedence over any le ss
restrictive conflicting local laws, ordinances, or codes.
If the City of Fairhope , Alabama repeals its floodplain management regulations, allows its
regulations to lapse, or amends its regulations so that they no longer meet the minimum
requirements set forth in §60.3 of the Code of Federal Regulations Title 44, it shall be suspended
from the National Flood Insurance Program (NFIP). The community eligibility shall remain
terminated after suspension until copies of adequate floodplain management regulations have been
received and approved by the Federal Insurance Administrator. To avoid such occurrences, the Cit
of Fairhope , Alabama will coordinate with the Alabama NFIP State Coordinator and FEMA Regional
Office prior to any revisions to thi s Ordinance . Without prior approval of the Federal Insurance
Administrator, the community shall not adopt and enforce revised floodplain management
regulations.
From time-to-time Part 60 of the Code of Federa l Regulations Title 44 may be revised to advance
flood risk reduction measures as experience is acquired under the NFIP and new information
becomes available. The City of Fairhope , Alabama agrees to revise its floodplain management
Ordinance to comply with any such changes within six months from the effective date of any new
federal regulation .
SECTION C. EFFECTIVE DATE
This Ordinance shall become effective on ---------------
Ordinance adopted on _______________ _
I hereby certify that this is a true and correct copy of the Floodplain Development Ordinance as
adopted by the {Governing Body} of {Community Name}, Alabama, on the {Day (number or text)}
day of {Month}, {Year}.
WITNESS my hand and the official seal of _____________ _,
NAME
.====----======-~ this the ___ day of ______ ~ 20_
TITLE DAY MONTH YEA
{seal}
(signa t ure)
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