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HomeMy WebLinkAboutO-1000ORDINANCE NUMBER 169dd An ordinance providing for the public safety, health and welfare of the residents of Fairhope, Alabama by providing for erosion and sediment control resulting from land disturbance activities within the City: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section One: Land Disturbing Activity defined: For purposes of this ordinance any grading, filling, draining, excavating, ditching or other earthmoving operation such as is likely to result in damage to adjacent lands, public or private, from erosion thereto or siltation thereof shall be deemed land disturbing activity. The removal of trees which does not create or aggravate erosion shall not be deemed land disturbing. Section Two: Control Measures defined: For purposes of this ordinance, Control Measures shall include, but shall not necessarily be limited to, the following: Hay bale barriers Silt fences Earth berms Retaining walls, temporary or permanent Ditch checks Rip Rap dams Stormwater retention devices or sediment traps Any measure certified by an Alabama Professional Engineer Section Three: No person, firm or corporation shall engage in any land disturbing activity within the City until the land owner shall have obtained a permit therefor from the City of Fairhope. Where a building permit application is received prior to commencement of land disturbing activities, the required land disturbance permit may be incorporated therein as a special condition of such building permit, provided the permit includes the land owners endorsement. There shall be no separate charge for the land disturbance permit. Section Four: Warning and Disclaimer: The consent of the City to issue a permit based on a particular design for erosion control measures shall not constitute a representation, guaranty or warranty of any kind by the City of Fairhope or its agents, officers or employees of the practicability, adequacy or safety of such design. Section Five: Commencement of Work: No person, firm or corporation shall begin work under any permit issued until adequate Control Measures have been installed by the permittee and inspected by the City. The burden is on the permittee to install and maintain Control Measures adequate to protect adjacent property, public or private, and downstream areas from damage by sitting and erosion from land disturbing operations undertaken under the subject permit. The City's inspection role is to ascertain that Control Measures are in place, but does not constitute an approval. of the adequacy of such measures. Section Six: Maintenance of Control Measures: It shall be the responsibility of the permittee to perform ongoing inspection and maintenance of the Control Measures for the duration of grading and/or construction operations and until such time as ground cover adequate to control erosion is established. Failure or refusal to perform adequate maintenance shall be cause for the City, through its enforcement officers, to issue orders suspending all work until satisfactory measures are restored. Provided, however, that the issuance of stop work orders shall not be a bar to the imposition of other remedies or penalties herein provided. Section Seven: Remedies: In the event of an imminent danger of damage to adjacent properties or downstream areas due to failure of permittee to maintain Control Measures or abandonment of the work, the City may perform, or caused to be performed, the work the City deems necessary to restore protection to such properties and the cost thereof shall be charged against the subject land as a municipal lien, such charges to be recovered in a suit at law against the owner. Section Eight: Penalties: Any person violating the provisions of this ordinance shall, upon conviction thereof, be fined a sum of not less than Two Hundred Dollars nor more than Five Hundred Dollars and, in addition thereto, may be sentenced to -the City Jail for a term of not more than six months, at the discretion of the Municipal Court. Section Nine: Separability and Validity: Each part and each provision of this Ordinance is severable .from all other parts or provisions. Should any part or provision thereof be declared by the courts to be unconstitutional or invalid, such declaration shall not affect any other part or provision of this ordinance. Section Ten: This ordinance its due adoption and publication ADOPTED THIS THE„�/ DAY OF ATTEST: C EVELYN . PI -I t LL I PS�-- CITY I_ RK shall take effect upon asprequired by law. JAMS P. NIX, MAYOR 1996.