Loxley approves ordinance updates

By John Underwood / john@gulfcoastmedia.com
Posted 4/25/19

LOXLEY, Alabama — The Loxley Town Council approved updates to a pair of ordinances at its meeting Monday, April 8 regarding flood damage prevention, also updating standard specifications for water …

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Loxley approves ordinance updates

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LOXLEY, Alabama — The Loxley Town Council approved updates to a pair of ordinances at its meeting Monday, April 8 regarding flood damage prevention, also updating standard specifications for water mains, sanitary sewers and pump stations.

The Flood Damage Prevention Ordinance, passed unanimously by the council at the April 8 meeting, defines areas of special flood hazard identified by the Federal Emergency Management Agency a defined by FEMA’s the Flood Insurance Study.

“Basically, FEMA provided updated floodplain maps for all areas and requires that each municipality adopt an ordinance which includes the updated maps,” said Shawn Alves, attorney with Stone Crosby PC, that represents the town in all legal matters. “The state also provided updated regulations regarding subdivisions that had to be incorporated into the ordinance.”

According to the ordinance, the state legislature has authorized local government units to adopt regulations “designed to promote the public health, safety and general welfare of its citizenry.”

“It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

•Require that uses vulnerable to floods, including facilities which serve as uses, be protected against flood damage at the time of initial construction.

•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.

•Control filling, grading, dredging and other development which may increase flood damage or erosion.

•Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.

•Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of flood waters.”

The objectives of this ordinance are:

•To protect human life and health.

•To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains.

•To help minimize 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.

•To minimize expenditure of public money for costly flood control projects.

•To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

•To minimize prolonged business interruptions.

•To ensure that potential home buyers are notified that property is in a flood area.

The ordinance applies to all areas of special flood hazard within the jurisdiction of the town of Loxley.

Under the terms of the ordinance, a development permit will be required before any developmental activities can be conducted in identified areas of special flood hazard and town flood hazard areas within the town of Loxley.

“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,” according to the ordinance.

The town’s building inspector will be appointed as floodplain administer and will implement provisions of the ordinance. The building inspector will determine penalties for violation and will provide written notice of violation.

Violators could face a stop work order; terminator of water service and/or withholding or revoking certificate of occupancy; suspension, revocation or modification of the permit.

Violators could also face fines of up to $500 or up to 30 days in jail, or both, in addition to paying all cost and expenses involved in the case.

“FEMA is also authorized to deny flood insurance to a property declared by the state, county or municipal government to be in violation of the local floodplain management ordinance,” according to the ordinance.

The ordinance also lays out terms in which suspected violators can appeal, which will be decided by the town’s designated appeal board.

Application for a development permit shall be made to the floodplain administrator on forms furnished by the town prior to any development activities and may include plans in duplicate drawn to scale showing the elevations of the area in question and the nature, location, dimensions of existing or proposed structures, fill placement, storage of materials or equipment and drainage facilities.

The ordinance also sets general standards for special flood hazard designated areas, including floodways, building along streams without established flood elevations, areas of shallow flooding, standards for subdivisions; and defines variances for historic structures, notification and records.

In other business Monday, the council updated its standard specifications for water mains, sanitary sewers and pump stations.

“It’s kind of like an update to the building code standards,” Alves said. “There were new standards that needed to be incorporated in the ordinance in order to keep the standards up to date.”

At its April meeting, the town approved a Water and Waste System Grant Agreement with the U.S Department of Agriculture to fund a nearly $9.6 million project to make improvements to the town’s wastewater treatment plant.

The town council voted in June of 2016 to approve preliminary and environmental improvements to the 12-year-old plant in preparation for a USDA grant/loan program.

Among the improvements include:

•Dredging of the equalization basins to allow for additional capacity.

•Expanding the wastewater plant to account for the additional capacity.

•Increasing the size of outfall lines to increases overflow capacity into nearby Fish River.

•Upgrading of electric motors and pumps to account for the additional capacity.

A USDA loan will then cover whatever amount is not covered by the grant.

According to the terms of the grant agreement, the USDA will pay nearly 50 percent (49.52) of the project costs, a total of $4,741,000, while the town will pay the remainder of the cost, $4,832,000.

The town voted unanimously to approve the grant agreement, also voting to approve a loan resolution to upgrade the wastewater treatment plant.

Also at the April 8 meeting, the council:

•Approved two separate amendments to the zoning ordinance rezoning properties on Roserun Road from A-O (Agricultural) to B-1 commercial owned by Jerry T. Rogers Sr and Shane A. and Heather C. Rogers.

•Approved a final pay request to Nordan Contracting for the Alabama 59 and U.S. 31 water main extension project.

•Approved nominees for the County Board of Equalization.

•Set aside money for tank maintenance in a new bank account.

•Mayor Billy Middleton read proclamations declaring May 18-24 as National Safe Boating Week and April as Child Abuse Prevention Month.