HomeMy WebLinkAboutO-1028ORDINANCE NUMBER 1028
AN ORDINANCE TO PROVIDE FOR THE PUBLIC HEALTH, SAFETY,
WELFARE AND AESTHETIC BEAUTY OF THE PEOPLE OF FAIRHOPE,
ALABAMA BY PROVIDING FOR SPECIAL GREENSPACE
RESERVATIONS AND TREE PROTECTION ZONES;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
Section 1: Special Greenspace Reservations and Tree Protection Zones:
All lands within fifty (50) feet of the boundaries of U. S. Highway
98 and within fifty (50) feet of all boundaries of North Section
Street, Alabama Highway 104, and Scenic Highway 98 within the
corporate limits of the City of Fairhope are hereby required to be
reserved by owners or developers of such lands as greenspace and
tree protection zones. Lands within fifty (50) feet of existing roads
or streets abutting new residential developments in the City shall
have such areas similarly reserved as greenspace and tree protection
zones
No vegetation within such zones shall be removed except upon a
submission to and acceptance by the City of a clear and concise plan
demonstrating full compliance with other landscaping requirements of the
City.
No trees within such zones shall be removed until it is
demonstrated to the City's satisfaction that such removal is
necessary because of a potential hazard to pedestrians, property or
vehicular traffic or that such tree is so weakened by age, storm, fire
or other injury as to no longer be viable. Each tree removed for
such reasons shall be replaced by another tree not less than two (2)
inches in diameter and ten feet tall at planting. Replacement trees
shall be shade trees such as live oak or flowering trees such as
dogwood or as otherwise approved by the City's
director of public works.
Provided, however, that the foregoing shall not apply to those areas necessary for
ingress and egress of vehicular traffic to the premises where a specific plan for
such ingress and egress in strict conformity with all code and ordinance
requirements has been submitted to and approved by the city.
Section 2. Each phrase, sentence, paragraph, section or other provision of this
ordinance is severable from all other such phrases, sentences, paragraphs, sections
and provisions. Should any such part of this ordinance be declared by the courts
to be unconstitutional or invalid, such declaration shall not affect any other such
portion or provision of this ordinance.
Section 3. This ordinance shall take effect upon its due adoption and publication
as provided by law.
ADOPTED THIS THE I Vh day of March 1998.
1
J es P. Nix, Mayor
ATTEST:
Geniece W. Johnson, ity Clerk
AFFIDAVIT:
This is m cerdfy that the ached legal nods da
appeared in:
QThe Baldwin Times. Bay Minetse.AL
❑The Bulletin. Daphne.AL
gThe Fairhope Courier. fairhope.AL
❑The Independent. Robert sdaie.AL
QThe Onlooker. Foley.AL
QThe Islander, Gulf Shores.AL
a. weekly newspaper published in Baldwin County.Alaboma _
Weekend Edition CndudesThe FWrhope Courier.The Onlooker.
The Islander, and The Bulletin)
Publicati n Data Cowwordsruxhas x race -
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A7TN: '
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Account No. (Qo 0 (3 ) co
Guff Coast Newspapers
P.O. Box 509
Robertsdale,AL 36567
Phone (334) 947-7712
Seats ofAlabama
County of Baldwin
Sworn w and subscribed before me this
day of I
Notary A, ir,Baidwin County.Aiabama
L comm'z1on Expires May 24,1M
ORDINANCE NUMBER 1028 cept upon • •into
AN ORDINANCE TO PRO.1: Of 8 clear tam City
VIDE FOR THE PUBLIC demonstrating full .pl.a-•
HEALTH SAFETY WEL- lane* with other, landsph
FARE AND AESfHETICl. . np P.
BEAUTY OF THE PEOPLE'; t Nrasments;ofthe
within h City.
OF FAIRHOPE ALABAMA, .- sones i
hall be removed until N is
_.• -a, BY PROVIDINaa FOR SPE- ► I demonstrated to the CNy's
_. C I A L iG R E E N S P A C E I-
RESERVATIONS AND TREE satisfacllon that such remo• s t
{.%val is necessary because of
PROTECTION ZONES:
ram' BE IT ORDAINED BY THE ;.. ! • Potential hazard to pedea.
�~ CITY COUNCIL OF THE CITY ' trians, Property or vehicular
OF FAIRHOPE, ALABAM traffic or that such tree is so
as follows: A' weakened by age, storm, fire
Section 1: Special or other InJury as to no
Greenspace Reservations + I iCngar b* vlabis. Each tree
and Tree Protection Zones: removed for such reasons
All lands within fifty (50) I shall be replaced by another
+c� feet of the boundaries of U.S. tree not has than two (2) in-
Highway 98 and within fifty Chas In diameter and ten toe
(50) test of all boundaries of tall at planting. R*placamertt j
^tea North Section Street, Ala- 1 tram* 1 such as live all wit shade
}de tram
l
bama Highway 104, and ores as live
as
Scenic Hfghwarr 98 within dogwood or as ►
the corporate Ilmfte of the otherwise approved by the
City of Fairhope are hereby t l City 's director of public
required to be reserved by works.
- • - Provided, however, t owners or developers of that
ownersl
such lands as reenspace I the foregoing shall not apply
(5r
and tree protects zones, to those areas necessary for
Lands within fifty (50) feat of ! Ingress and *gross of vehi-'
existing roads or streets I eular traffic to the premises
abutting now residential where a specific plan for
developments In the Chy F. such Ingress and *gross in
shall have such areas aims- strict conformity with all
larly reserved as groompace codo and ordinance re -
and tree protection zones. I mitbdm to a apphag roved by
sub -
No vegetation within such the eN
zones shall be removed ex- y
=• _ —� _ Section
2se
sntncereh
lion or ot4gpphrase,
aorr
w provision of this 1
ordinance is severable from
Oil other such phrases, sso- i
tsncas, Paragraphs, section*
l and provisions• Should any
such part of this ordinance
c I bbee uencoonssttituuttional or Invao-
lid, such declaration shall
not affect any other such
Portion or provision of this `
ordinance. I
Section 3. This Ordinance
shall take effect upon No due
.adoption and publication os I
-Prov Mod by law.
I ADOPTED THIS THE 11TH
IDAY OF MARCH 19m
ATTEST James A. Nix, Mayor
AGM loce Clerk W. Johnson l
Y
C-3.14