Huntsville Code of Ordinances § 12-361 Created.
Sec. 12-361. - Created.
The city stormwater management board is created.
(Ord. No. 91-87, § 6(a), 6-13-1991)
STORMWATER MANAGEMENT BOARD
Huntsville Code of Ordinances ch. 12, art. VI, div. 2
in effectHuntsville Code of Ordinances § 12-362 Members.
Sec. 12-362. - Members.
(a) The stormwater management board shall consist of five members appointed by the mayor and approved by a majority vote of the city council.
(b) Each member shall be appointed for a term of three years, except that in the first instance one member shall be appointed for a term of three years, two for a term of two years and two for a term of one year; and thereafter each member appointed shall serve for a term of three years or until a successor is duly appointed. In addition to the five regular members provided for in this subsection, two alternate members shall be appointed, in like fashion, as the regular members, to serve on such board at the call of the chairman only in the absence of regular members and while so serving shall have and exercise the power and authority of regular members. Alternate members shall be appointed to serve for three-year terms. All members shall be eligible for reappointment. Two of the regular members and one alternate shall be registered civil engineers. One of the regular members shall be a hydrologist. The remaining two regular members and one alternate shall be appointed from the community at large.
(c) All members shall be residents of the city. No member shall hold an elective office, nor shall any member be an employee of the county or the city. All members shall serve as such without compensation. No member shall exercise the powers and duties delegated to such member by this article in connection with any matter pending before the board in which such member has a pecuniary or direct interest or would be financially affected by the final result.
(d) Members may be removed by the mayor for continued absence from meetings of the board or for other just cause.
(Ord. No. 91-87, § 6(a), 6-13-1991)
Huntsville Code of Ordinances § 12-363 Organization.
Sec. 12-363. - Organization.
Within ten days after its appointment, the stormwater management board shall elect one of its members as chairman and another as vice-chairman. The city engineer shall appoint the secretary to the board who shall be the custodian of the minutes and records of the proceedings of the board.
(Ord. No. 91-87, § 6(b), 6-13-1991)
Huntsville Code of Ordinances § 12-364 Duties and procedure.
Sec. 12-364. - Duties and procedure.
The stormwater management board shall adopt such rules and regulations as it may deem necessary to conduct its business. The board shall hear all appeals as provided in this division. The board shall meet at regular monthly intervals with the day and time to be determined by the chairman or as otherwise prescribed in chapter 21, article III. If no appeals have been filed and there is no business pending, the chairman may cancel the meeting at any time after the seventh day before its scheduled date.
(Ord. No. 91-87, § 6(c), 6-13-1991; Ord. No. 98-5, § 3, 2-12-1998)
Huntsville Code of Ordinances § 12-365 Quorum, voting and conflict of interest.
Sec. 12-365. - Quorum, voting and conflict of interest.
Four members of the stormwater management board shall constitute a quorum. The concurring vote of four members of the board shall be required to reverse any order, requirement, decision or determination of the city engineer or to decide in favor of the applicant on any matter upon which it is required to pass under or to effect any variation in this article or the regulations and technical guidelines adopted pursuant to this article. No member of the board shall vote on any matter in which he has a direct or indirect pecuniary or personal interest. The alternate member, if available, shall replace any member who has a conflict of interest.
(Ord. No. 91-87, § 6(d), 6-13-1991)
Huntsville Code of Ordinances § 12-366 Appeals from decisions of the city engineer.
Sec. 12-366. - Appeals from decisions of the city engineer.
(a) Appeals to the stormwater management board may be taken by any person aggrieved by a decision of the city engineer arising out of the regulations and technical guidelines promulgated pursuant to this article. A notice of appeal must be filed with the city engineer and the stormwater management board within 15 days after such decision of the city engineer specifying the grounds of appeal. The city engineer shall transmit to the board all papers constituting the record upon which the decision appealed from was taken. The board shall give public notice of the hearing of the appeal, as well as due notice to the parties in interest, and shall decide the matter within a reasonable time.
(b) A decision of the stormwater management board reversing or varying any order, requirement, decision or determination of the city engineer or in favor of the applicant on any matter upon which it is required to pass shall be in writing and shall specify in what manner such variations shall be made, the conditions upon which they are to be made and the reasons for such decision.
(c) Every decision of the stormwater management board shall be final, subject, however, to such remedy as any aggrieved party may have at law or in equity. Every decision shall indicate the vote of each member of the board upon the decision and shall be entered into the board's minutes and filed in the office of the city engineer. A copy of each decision shall be delivered by mail or otherwise to the appellant.
(Ord. No. 91-87, § 6(e), 6-13-1991; Ord. No. 98-5, § 4, 2-12-1998)
Huntsville Code of Ordinances § 12-367 Appeals from decisions of the director of natural resources.
Sec. 12-367. - Appeals from decisions of the director of natural resources.
Appeals to the stormwater management board may be taken by any person denied a BMP plan approval or a holder whose BMP plan approval is revoked or suspended under chapter 21, article III, division 2. This appeal shall be commenced and conducted in the manner prescribed in section 21-358.
(Ord. No. 91-87, § 6(f), 6-13-1991; Ord. No. 98-5, § 5, 2-12-1998)
Huntsville Code of Ordinances § 12-368 Powers.
Sec. 12-368. - Powers.
(a) The stormwater management board shall have the following powers:
(1) Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the city engineer in the enforcement of this article or any regulation or technical guideline promulgated pursuant to this article or the manager of the natural resources and environmental management division as provided in section 21-358.
(2) Authorize upon appeal from a decision of the city engineer in specific cases such variance from the terms of this article, or any regulation or technical guideline promulgated pursuant to this article, as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this article, or of any regulation or technical guideline promulgated pursuant to this article, will result in unnecessary hardship.
(b) In deciding appeals under subsection (a)(2) of this section, the stormwater management board shall consider all relevant factors, including but not limited to all technical evaluations, all standards specified in the regulations and technical guidelines promulgated pursuant to this article, and the following:
(1) The danger that materials may be swept onto other lands to the injury of others.
(2) The danger to life and property due to flooding or erosion damage.
(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(4) The importance of the services provided by the proposed facility to the community.
(5) The necessity of the facility to a waterfront location, in the case of a functionally dependent facility.
(6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.
(7) The compatibility of the proposed use with existing and anticipated development.
(8) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(9) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
(10) The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
(c) Upon consideration of the factors listed in this section, and the objectives of this article, the stormwater management board may attach such conditions to the granting of a variance as it deems necessary to further such objectives.
(Ord. No. 98-5, § 6, 2-12-1998)
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_DIV2STMABOFetched: 11/6/2026