GENERALLY

Huntsville Code of Ordinances ch. 12, art. VI, div. 1

in effect

Huntsville Code of Ordinances § 12-331 Stormwater management manual.

Sec. 12-331. - Stormwater management manual. (a) Incorporation by reference. The City of Huntsville Stormwater Management Manual, 2020 Edition, a technical code of the city referenced and adopted in section 12-1 of this chapter, and adopted by Ordinance No. 20-1022, (hereinafter referred to as "stormwater management manual" or "manual"), is hereby incorporated into this article by reference as if fully set forth herein, and when reference is made to this article it shall mean and include the stormwater management manual, its regulations, standards, and technical guidelines, as such may be amended from time to time. (b) City engineer to administer and enforce manual. The director of city engineering is hereby authorized to administer and enforce this article, including the provisions of the stormwater management manual, and to act through duly authorized representatives. Where the term "city engineer" is used in this article it shall mean and include the city engineer and his/her authorized representatives. (Ord. No. 20-1062, § 1, 12-17-2020)

Huntsville Code of Ordinances § 12-332 Violations; remedies; enforcement.

Sec. 12-332. - Violations; remedies; enforcement. (a) Violations. Subject to subsection (b), it shall be unlawful and a misdemeanor for any person to: (1) Violate any provision of this article or fail to comply therewith; (2) Violate the provision of any permit issued pursuant to this article, including the stormwater management manual incorporated herein by reference; (3) Fail or refuse to comply with any lawful order or notice to abate or remediate a violation of this article issued by the city engineer; (4) Violate the provisions of conditions and safeguards established in connection with the enforcement and administration of this article, including conditions or safeguards imposed by the director of city engineering in connection with permits or approvals issued pursuant to this article; or (5) Fail to maintain any low impact development/green infrastructure element or detention pond required pursuant to the stormwater management manual. The violation of or the noncompliance with each individual requirement, rule, order or regulation, and each day's continuation thereof, shall constitute a separate and distinct offense. (b) Where the city engineer has issued a verbal warning or notice of violation (NOV) pursuant to the stormwater management manual, the city engineer may allow the alleged violator a period of remediation before a citation is issued for a violation hereunder. (c) Penalty. The penalty provisions of section 1-7 of this Code shall apply to a violation of this article. (d) Injunctive relief. In addition to the imposition of the penalties herein described and other remedies provided by law, the city shall have the right to injunctive relief for a violation of this article. (e) Remedies not exclusive. (1) This article shall be cumulative to and in furtherance of any statutory, common law, or other legal right, duty, power, or authority possessed by the city. Compliance with this article shall not excuse any person from compliance with any other federal, state or local law, ordinance, regulation, rule or order. (2) Nothing in this article shall limit the authority of the city engineer to take such other or additional enforcement action as may be allowed under the stormwater management manual. (g) Existing authorities. Nothing in this article shall be construed to limit the existing authority of the city to enforce rules and regulations regarding: (a) charges, limits and restrictions on the discharge of waste into the sanitary sewerage system of the city; (b) health or sanitation ordinances of the city enforced by the county health department; or (c) ordinances governing the sanitation of premises where animals are kept. (f) Providing false information and tampering prohibited. It shall be unlawful for any person to provide false information to the city engineer or anyone working under the city engineer's supervision when such person knows or has reason to know that the information provided is false, whether such information is required by this article or any approval granted under this article. (Ord. No. 20-1062, § 1, 12-17-2020)

Huntsville Code of Ordinances § 12-333 Penalties and injunctions.

Sec. 12-333. - Penalties and injunctions. (a) A violation of this article shall be punishable as provided in section 1-7. (b) In addition to all other remedies provided by law, the city shall have the right to injunctive relief for any violation of this article. (Ord. No. 15-951, § 1, 1-14-2016)

Huntsville Code of Ordinances § 12-334 Authority of city engineer.

Sec. 12-334. - Authority of city engineer. (a) The city engineer shall have the authority to administer and enforce this article on behalf of the city. (b) The city engineer shall have the authority to issue grading permits as required under this article. Any grading permit exemption authorized by the city engineer under this article shall not be construed as relieving the party responsible for the identified activity from making on-site drainage improvements that may be required or from compliance with the zoning ordinance of the city or any other applicable laws or regulations. (c) The city engineer shall have the authority to review all building permit applications prior to their issuance by the inspection division to ensure compliance with the provisions of this article. Building permit applications are exempted from review by the city engineer if the structure which is the subject of such application is to be remodeled within its existing walls and no grading is to occur on the site or is a residential dwelling on a single lot within an approved subdivision with an approved grading plan that establishes the stormwater drainage pattern for the site. No building permit, unless exempted as indicated in this article, shall be issued by the inspection division until an application for such building permit has been approved by the city engineer. The exemptions listed in this article shall not be construed as relieving the party responsible for the identified activity from on-site drainage improvements that may be required in accordance with adopted building and construction codes or from compliance with the zoning ordinance of the city or any other applicable laws or regulations. (d) The city engineer is authorized to enter upon the premises of any land within the city for which a grading or building permit application has been filed to inspect the site before, during and upon conclusion of any land disturbance activity to determine compliance with this article. (e) In cases where the city engineer is authorized to review building permits prior to issuance or has issued a grading permit, a certificate of occupancy shall not be issued until the city engineer has determined compliance with this article. (f) The city engineer, or an employee of his department designated by him, is authorized to issue a citation to any person found by him to be in violation of this article, including the stormwater management manual. The citation shall order the person to appear in the municipal court at a date and time certain to answer the charges against him. (g) The city engineer is authorized to issue a stop work order with regard to any grading or other land disturbance activity that is being done contrary to the provisions of this article or in a dangerous or unsafe manner. Such notice shall be in writing, shall be delivered to the owner of the property, his agent, or the person doing the work, and shall state the conditions under which work may be resumed. (Ord. No. 15-951, § 1, 1-14-2016)

Huntsville Code of Ordinances § 12-335 Stormwater management manual standards.

Sec. 12-335. - Stormwater management manual standards. In the enforcement and administration of this article, the city engineer shall apply the standards set forth in section 2.1.1 of the stormwater management manual. (Ord. No. 15-951, § 1, 1-14-2016)

Huntsville Code of Ordinances § 12-336 Grading without a grading plan.

Sec. 12-336. - Grading without a grading plan. (a) Development of a site shall conform to the stormwater discharge pattern established in an existing grading plan that includes the site, unless a deviation from such plan is required or allowed by the city engineer in accordance with this article, including the stormwater management manual. Deviations from the established drainage pattern shall require the approval of the city engineer before the issuance of a building permit in accordance with this article, including the stormwater management manual. It shall be a violation of this article for the holder of a building permit or grading permit to fail to follow the established drainage pattern for the site or the approved deviations. The city engineer may withhold approval of the issuance of a certificate of occupancy until either the established drainage pattern or the approved deviations are met. (b) For construction that includes grading and where there is no grading plan in place that establishes the stormwater discharge pattern for the site, the city engineer may condition the building permit to include requirements designed to carry stormwater discharge to public drainage easements or facilities, or to private drainage easements or facilities that are designed and authorized to accommodate said drainage. The building permit holder shall grade the site to conform to such required conditions. The city engineer may withhold approval of the issuance of a certificate of occupancy until such required conditions have been met. (Ord. No. 15-951, § 1, 1-14-2016)

Huntsville Code of Ordinances § 12-337 Surface stabilization measures on sites not regulated under a grading permit.

Sec. 12-337. - Surface stabilization measures on sites not regulated under a grading permit. (a) When used in this section, the following words, terms, and phrases shall have the following meanings: Graded site means: (1) a site with grading that is under an active building permit, (2) a site being graded in preparation for construction prior to the issuance of a building permit, or (3) a site with grading where the building permit has expired prior to completion of construction. The term includes public and private easements and rights-of-way located on or immediately adjacent to the site. Inclement weather period means a prolonged period of heavy rain, high winds, frost or similar weather conditions that render installing permanent stabilization measures unattainable due to such conditions. Permanent stabilization measures mean maintaining a graded site with a full stand of grass, allowed impervious surface, or other approved permanent stabilization measures. Person in control means, where there is no active building permit, the owner or person in possession or control of the graded site, and, where there is an active building permit, the holder of a building permit issued for construction on the graded site. Surface stabilization measures mean maintaining a graded site with either permanent stabilization measures in place or temporary stabilization measures in place, or both. Temporary stabilization measures mean maintaining a graded site with straw, seed, silt fencing, or other approved temporary stabilization measures. (b) Coverage of section. This section is intended to govern graded sites that are not being regulated under an active grading permit. Nothing in this article shall be construed to relieve any person from complying with other applicable federal, state, and local laws, including, but not limited to, landscaping requirements under the city's zoning ordinance, foundation drainage requirements under the city's building code, and federal and state environmental regulations, including NPDES permitting requirements. (c) Surface stabilization for graded sites. It shall be a violation of this article for the person in control of a graded site to fail to maintain, in good condition, order, and repair, surface stabilization measures in place on the site that prevent mud, dirt, water, debris and other construction materials from being washed, blown or otherwise deposited on adjacent public or private property, including, without limitation, public rights-of-way. (d) Surface stabilization required prior to issuance of certificate of occupancy. (1) Subject to subsection (2) below, as a condition to the issuance of a certificate of occupancy after completion of construction on a graded site, the building permit holder shall have permanent stabilization measures in place on the graded site as may be approved by the city engineer. (2) During an inclement weather period the building permit holder may apply with the city engineer for a waiver from the foregoing permanent stabilization requirement. The city engineer, in her sole discretion, may approve the waiver, subject to each of the following conditions: a. Permanent stabilization measures shall be in place on that portion of the graded site that has public easements and rights-of-way. b. Temporary stabilization measures shall be in place on the remainder of the graded site. c. Within three months from the date of the issuance of the certificate of occupancy the applicant for the waiver shall be responsible for having full stabilization measures in place on the site and, failing therein, said applicant shall be in violation of this article. (Ord. No. 15-951, § 1, 1-14-2016)

Source: City of Huntsville, Alabama, publisher code (Municode) + enacted ordinances (City Council/Legistar)URL: https://library.municode.com/al/huntsville/codes/code_of_ordinances?nodeId=COOR_CH12ENMA_ARTVISTMA_DIV1GEFetched: 11/6/2026