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HomeMy WebLinkAboutO-759ORDINANCE NO. %S9 COASTAL PROTECTION ORDINANCE ARTICLE 1. STATUTORY AUTHORITY, PURPOSE AND OBJECTIVE SECTION A. Statutory Authority The legislature of the State of Alabama enacted Title 9, Chapter 7, Sections 10 through 22 of the Code of Alabama, entitled "Preservation, Development, etc., of Coastal Areas," for the protection of coastal area resources. This legislation provides for the development of a Coastal Area Management Program for the protection of those resources and for the enhancement of economic development activities. Title 9, Chapter 7, Section 20 stipulates that no agency can issue a permit for any activity in the coastal i'area that the Alabama Department of Environmental Management finds Ito be inconsistent with the Coastal Area Management Program estab- lished by the Alabama Department of Economic and Community Affairs' Office of State Planning and Federal Programs. This section further stipulates that it is the intent and purpose of this 'section to avoid duplication whenever possible as to the managing activities within the coastal area, and yet assure compliance with the management program. NOW THEREFORE, THE CITY OF FAIRHOPE, ALABAMA, as a means of minimizing duplication of permitting activ- ities within Fairhope, Alabama, does ordain the provisions below as granted under its authority. ECTION B. Findinz of Fact 1. There is a direct and/or indirect relationship between the rotection of coastal area resources, the protection and enhance- ent of lives and property, and the economic stability and enhance- ent activity within the City of Fairhope, Alabama. 2. As written the Alabama Coastal Area Management Program ontains specific provisions wherein the CITY OF FAIRHOPE, LABAMA can be delegated permitting authority under the Alabama oastal Area Management Program as a means of minimizing the uplication of permitting efforts within the coastal area. ECTION C. Purpose It is the purpose and intent of this ordinance to simplify the ermitting process in the coastal area and promote the protection nd enhancement of coastal area resources by adopting provisions hich are consistent with or exceed the provisions of the Alabama oastal Area Management Program. ECTION D. Objectives The objectives of this ordinance are as follows: 1. To protect human, wildlife and natural resources; 2. To minimize erosion and siltation; and 3. To assist in the implementation of the Alabama Coastal Area Management Program. ARTICLE 2. DEFINITIONS Unless specifically defined below, words or phrases used in 'this ordinance shall be interpreted so as to give them the meaning aescribed in the Alabama Coastal Area Management Program as ap- proved on September 28, 1979 and amendments thereto, or otherwise I dinance No. 7S9 , page 2. they have the meanings in common usage and to give this ordinance its most reasonable application. "Coastal Area" means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder) strongly influenced by each and in proximity to the shorelines of Alabama and including transitional and intertidal areas, salt marshes, wetlands, and beaches within the jurisdiction of Alabama. They extend inland to a point approx- imately ten (10) feet above mean sea level, and shall include all lands and waters between that point and mean high tide. "Coastal Resources" means valuable human, natural, cultural or historical assets within the coastal area, such as water quality, air quality, wetlands and submerged grassbed, beaches and dunes, wildlife habitats, biological resources, cultural resources, public access areas, and water resources. "Cultural Resources" means any district, building, site, object, or other material in American history, architecture, 'archeology, or culture which is of national, state, or local significance. "Degrade" means to affect the coastal area in such a manner as Ito produce a continuing reduction or destruction of present levels of coastal resources. "Dredging" means removal or excavation of any materials from ands underlying coastal waters. "Person." Any and all persons, natural or artificial, includ- ng, but not limited to, any individual, partnership, association, ociety, joint stock company, firm, company, corporation, institu- ion, trust, estate, other legal entity or business organization or ny state or local governmental entity and any successor of the oregoing. "Substantial improvement" means: 1. any addition to any structure; 2. any extension, enlargement or expansion of any structure; or 3. any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the fair market value of the structure either (i) before the repair, reconstruction or improvement is started; or (ii) if the structure has been damaged and is being restored, before the damage occurred. TICLE 3. GENERAL PROVISIONS SECTION A. Lands to which this Ordinance Applies This ordinance shall apply to all coastal areas in the City f Fairhope, Alabama. SECTION B. Basis for Establishing the Coastal Area The coastal area shall be those areas within Fairhope, Alabama (Ordinance No. 1,09 , page 3. which lie below an elevation of ten (10) feet above mean sea level, as is defined herein, in the Alabama Coastal Area Manage- Iment Program, and in the Flood Damage Prevention Ordinance No. 668. SECTION C. Establishment of Development Permit ' A development permit shall be required in conformance with the 'provisions of this ordinance. SECTION D. Compliance No development, activity, or land shall hereafter be initiated, 'located, extended, converted, or structurally altered without full compliance with the terms of this ordinance and other applica- ble regulations. SECTION E. Abrozation and Greater Restrictions This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restriction shall 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 11 The degree of resource protection and enhancement required by his ordinance is considered reasonable for regulatory purposes and s based on the requirements of the Alabama Coastal Area Management rogram. ECTION H. Monitoring and Enforcement 1. Activities permitted under this ordinance shall be moni- ored by the Building Official for compliance with the terms and onditions of the permit issued. 2. In the event the Building Official discovers a violation >f this ordinance, the Building Official may pursue several -emedies to the violation. These are as follows: a. inform the user of the violation and pursue means for correcting the violation; b. issue a cease and desist order if the activity is causing degradation to the coastal area; c. revoke the permit if the activity cannot be brought into compliance with the conditions of the ordinance; d. pursue judicial remedies and/or levy fines in accordance with the police powers of the City of Fairhope, Alabama; or e. other means as are deemed necessary to prevent further violations of the ordinance. rdinance No. 2'S�9 , page 4. TICLE 4. ADMINISTRATION CTION A. Desi nation and Responsibilities of the Building I Official The Building Official is hereby appointed to administer and mplement the provisions of this ordinance, and is given the ollowing duties and responsibilities. 1. Monitor all coastal area activities; 2. Review applications and issue building permits for activities in the coastal area in accordance with the provisions of this ordinance; 3. Notify the Alabama Historical Commission of archeo- logical and historical finds; 4. Where necessary, coordinate with the Alabama Department of Environmental Management and/or other governmental agencies on developments in the coastal area; S. Advise the permittee of other state and/or federal permits that may be required; 6. Maintain a record of permit and monitoring activities; and 7. Issue a public notice of an impending permit, solicit public comments, and make the permit application and related records available to the public for inspection upon request, with the exception of any proprietary information. SECTION B. Permit Procedures Application for a development or activity permit shall be made Ito the Building Official and shall at a minimum include an erosion control plan consisting of a statement or statements delineating ,the measures that will be taken to prevent and/or retard erosion ,from the development or activity site. 'SECTION C. Variance Any aggrieved person may pursue an appeal in accordance with the variance provisions contained in the flood damage and preven- tion ordinance. ARTICLE S. SPECIFIC PROVISIONS In all areas of the coastal area the following provisions are equired. A. Any person proposing to conduct a development activity in :he coastal area shall submit an erosion control plan to the 3uilding Official as part of his application for a permit for tpproval. B. Shoreline Erosion Mitigation 1. Any use intended to mitigate a shoreline erosion problem in the coastal area shall use non-structur- al erosion control methods to the maximum extent practicable, including but not limited to preserva- tion and restoration of dunes, beaches, wetlands and submersed grassbeds, and shoreline restoration (Ordinance No. page S. and nourishment. 2. The emplacement of groins, jetties, and breakwaters as erosion control devices shall be permissible only when no other technically feasible alternative means of control is available and it is determined by the Building Official that there would be no substantial harm. C. Protection of Cultural Resources 1. All development in the coastal area shall, to the maximum extent practicable, avoid adversely affect- ing historic, cultural, or archaeological resources; and 2. Any person shall notify the Building Official of any historical, cultural, or archaeological re- sources that are discovered in the course of conducting a permitted use in the coastal area. D. Protection of Wildlife and Wildlife Habitats. To the maximum extent practicable, all uses within the coastal trea shall be undertaken in such a way as to preserve and protect existing wildlife and wildlife habitats. In particular, endangered. species and their habitat, as designated by appropriate federal ind state agencies, shall be protected to the maximum extent )racticable. ADOPTED THIS p?S DAY OF , 1985. (��Ja es P. Nix, Mayor ty C}or