HomeMy WebLinkAboutO-1037ORDINANCE NO. 1037
TREE ORDINANCE
CITY OF FAIRHOPE TREE PROTECTION AND LANDSCAPE
REQUIREMENTS
Contents:
I. Statement of Purpose
II. Duties of the City of Fairhope Tree Committee
III. Applicability of Landscape Requirements
IV. General Landscape Requirements
V. Steps for Development Approval
VI. Special Provisions for City Properties and Utility Rights -of -Way
VII. Protection of Significant Trees
VIII. Nuisance Trees
IX. Fee, Fines, Etc.
X. Appeal of Grant or Denial of Permit
M. Interference/Severability.
XII. Effective Date
Appendix I.
Definitions
Appendix II.
Recommended Overstory Trees
Appendix III.
Recommended Understory Trees
Appendix IV.
Recommended Shrubs
Appendix V.
List of Plants Not Supported by this Ordinance
Appendix VI.
Sample of Landscape
L Statement of Purpose The purpose of this ordinance is to define landscaping
regulations and protocols for the City of Fairhope and to empower the Fairhope Tree
Committee to oversee, implement and improve this Ordinance. These requirements are
for the purpose of protecting existing vegetation and encouraging the planting and
maintenance of additional vegetation within the planning and zoning jurisdiction of the
City of Fairhope. Plants, particularly trees benefit the city and its residents by supplying
oxygen and absorbing carbon dioxide, by reducing soil erosion and storm water runoff,
glare from vehicles, wind, heat, noise and other offensive conditions. Landscaping
screens and buffers maintain and enhance the character of neighborhoods and generally
create a safer, more attractive and more pleasant living and working environment for all
residents of the City of Fairhope.
II. Establishment and Duties of the Fairhope Tree Committee, The Fairhope Tree
Committee was originally established per Ordinance 747 and amended per Ordinance
998 to determine and make recommendation to the Mayor and Council on the needs of
the municipality inn connection with its tree planting program; to recommend the type
and kind of trees to be planted upon municipal streets, parks and other public places
within the municipality; to assist the Mayor and Council in the dissemination of news and
information regarding the protection, maintenance, removal and planting of trees on
public property and where requested by the owner on private property; to meet with the
City Planning and Zoning Commission and give advice in the formulation of said plan; to
recommend to the Mayor and Council which trees are considered unwanted weed
species and identify and recommend removal of dead, dying, diseased or insect infested
trees; to examine all trees proposed to be removed or destroyed upon private property,
except on single family lots, and to make recommendations to the Mayor and Council; to
make studies and report to the Mayor and Council with recommendations on matters
concerning trees in the municipality as from time to time requested by the Mayor and
Council.
1. Membership. The Mayor, with the concurrence of the Council, shall appoint
on this committee two (2) members of the Council, the City Horticulturist, and the
Mayor shall serve as an ex-officio member. The term of the Council members shall
expire on the date that a newly -elected council shall take office. In addition, the Mayor
shall appoint, with the concurrence of the Council, four (4) additional persons in the City
ofFairhope; one (1) of which shall be appointed for a one (1) year, one (1) of which
shall be appointed for a two (2) year term, and two (2) of which will be appointed for a
three (3) year term. Following the initial appointment, all members shall be appointed to
serve for a period of three (3) years, and thereafter until their successors are appointed
and qualified.
2. Vacancies. Any vacancy in the membership shall be filled for the unexpired
term in the same manner as the initial appointment.
3. Meetings. The Tree Committee shall meet at least quarterly or more often as
may be necessary to fulfill this ordinance. In addition, meetings may be called by the
Mayor, by either of the two (2) Council members, or by the three (3) other members,
after giving not less than five (5) days notice of the date, time and place of the special
meeting.
4. Duties and Powers. The duties and powers of the Fairhope Tree Committee
are as follows:
a. Suggest amendments and improvements to the landscaping ordinance
when deemed necessary.
b. Provide public forums and educational outreach programs concerning
city development and landscaping, when necessary.
c. At the request of the City Horticulturist, review sketch development
plans and advise developers regarding tree protection and landscaping
prior to site clearing of any kind.
d. At the request of the City Horticulturist, review landscape plans and
either issue or deny approval, based upon guidelines of this ordinance.
e. At the request of the City Horticulturist, review applications for tree
pruning or removal permits.
4. Rules of Procedure. The Fairhope Tree Committee shall observe the
following procedures:
a. Decisions of the Fairhope Tree Committee will be based upon a
majority approval of four (4) of the six (6) voting members.
b. The Fairhope Tree Committee shall elect one (1) of its members as
Chairman, who shall serve for one (1) year or until he/she is reelected or
his/her successor is elected.
c. All meetings of the Fairhope Tree Committee shall be open to the
public.
d. The Fairhope Tree Committee shall keep minutes of its proceedings,
showing the vote of each member upon questions, or if absent or failing
to vote, indicating such fact, and shall keep records of its examinations
and other official actions, all of which shall be filed immediately in the
Office of the Clerk and shall be public record.
III. Applicability of this Ordinance. All rules, regulations and requirements set forth in
this section are applicable to the following and must be met before final plat approval or
a building permit will be issued:
1. Any new development or construction, other than a single family residence, and the
Downtown Business District (without parking) that falls within the planning jurisdiction
of the City of Fairhope. This includes all public use buildings (i.e. Churches, Schools,
Clubs, etc.).
2. Any alteration to an existing building or development, excluding single family
residences, or construction which changes the amount of gross floor area of a structure
or building on a lot by more than 30%. The property which undergoes such alteration
shall be required to come into substantial compliance with this Ordinance at that time.
3. All currently existing commercial and industrial establishments have a period of three
(3) years from acceptance of this ordinance to come into substantial compliance with the
provisions set forth.
4. When any property, other than single family residence, changes ownership, whether
or not it changes its name, it is the responsibility of the new owner to substantially
comply with this ordinance within ninety (90) days.
5. All properties owned by the City of Fairhope must be in compliance with this
ordinance.
IV General Landscape Requirements. The following requirements must be met
before final plat approval or an occupancy permit will be issued to the property owner.
1. During development of a site, every effort must be made to protect and retain existing
significant trees (see Section VII - Protection of Significant Trees). Retained trees will be
credited toward fulfillment of this ordinance (see below). If the Fairhope Tree Committee
determines that alternatives to tree removal exist, the landscape plan may not be approved.
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2. On any building site on which an application for a building permit is made, at least 20% of
the total property (not including right of way) shall be landscaped.
3. At least 60% of this landscaping percentage requirement shall be located between the
building walls and public street(s).
4. The front setback must contain at least one (1) recommended overstory tree for every
thirty (30) feet of road frontage, or any portion thereof. These frontage trees must be planted
within the first twenty-five (25) feet of the property line. In addition, the site must contain
one (1) recommended overstory tree for every thirty (30) feet of remaining outside lot
perimeter, or any portion thereof and one (1) recommended overstory or understory tree for
every twelve (12) parking spaces, or any portion thereof. At least half of the required trees
must be overstory trees at maturity. Trees may be chosen from Appendix II (overstory) or
Appendix III (understory). Other tree species may be used if approved by the Fairhope Tree
Committee.
5. To promote species richness, a minimum of four (4) different species is required on each
site, at least one (1) species must be an understory tree.
6. No bare ground shall be left exposed. Plant materials, grass, or other approved ground
cover or mulch shall cover all non -paved and non -built developed areas.
7. Parking Lot Requirements: Landscaping in uncovered parking lots shall attempt to break
up the expanse of pavement, facilitate the safe circulation of vehicular and pedestrian traffic
and provide shade. A ratio of one tree (taken from Appendix II or III) for every twelve (12)
parking spaces, or portion thereof, is required within the parking lot boundary. In areas of
traffic (vehicular use areas, intersections, etc.) Landscaped material shall not obstruct
visibility between the heights of two (2) and eight (8) feet above the grade.
8. Buffer Zone Landscaping:
a. Incompatible Land Use Buffers - On any commercial, industrial, Planned Unit
Development (PUD), or multi -family development (except duplexes) adjacent to or
abutting a residential zoning district, a buffer strip along the incompatible property
line(s) of the developing property is required. The buffer shall run the entire length
of the abutting lot line(s). Under no circumstances shall this buffer impair vehicular
flow. The type of buffer may consist of any or all of the following: I
i. An opaque fence not less than six (6) feet in height, with horizontal or
vertical openings not greater than three (3) inches per one (1) linear foot AND
a four (4) foot wide strip of Evergreen plantings (Appendix IV), which will
grow to at least six (6) feet in height within three full growing seasons on the
inside of the fence, or;
ii. A staggered double row of Evergreen plantings at least six (6) feet in
width, which will grow to at least six (6) feet in height and spaced in a manner
which after three (3) years will provide a nearly impervious visual barrier, or;
iii. Natural undisturbed forest which provides a nearly impervious visual
barrier due to the dense nature of the plants and/or trees. If this option is
chosen the width of the buffer zone must be increased to twenty (20) feet in
width. The city horticulturist shall determine whether the barrier is
satisfactory via site inspection prior to landscape approval.
4
b. Parking Lot Buffer Zones. When paving is placed closer than ten (10) feet to any
property line the property line shall be buffered with a landscaped strip at least eight
(8) feet in width.
9. Planting Requirements. Any trees planted to meet this ordinance, must meet the following
requirements:
a. Large overstory trees must have an initial caliper diameter of at least 2.5 inches
and must be at least ten (10) feet in height.
b. Medium or understory trees must have an initial caliper diameter of at least 1.5
inches and must be at least six (6) feet in height.
c. Multi -stemmed understory trees must be a minimum of eight (8) feet in height and
must have at least three (3) stems; each with a minimum caliper diameter of 3/4
inches. A multi -stemmed tree only counts as one tree credit.
d. Shrubs that can be pruned into tree form variations will not be approved for tree
credit. These include, but are not limited to tree forms of the following: Ligustrum;
Indian Hawthorn; Tree Yaupon; and, Camellia.
e. Trees must be obtained from a reputable source. Trees that have been dug in the
wild will not be accepted unless approved by the City Horticulturist.
f. Maintenance of new plantings is the responsibility of the property owner.
g. Any vegetation planted or retained to fulfill this ordinance which dies, becomes
damaged or diseased must be replaced by the property owner by the 31st day of
January the following year. The property owner must notify the City Horticulturist
when the replacement tree has been planted. Failure to replace trees that die will
result in penalties (see Section VIII).
10. Tree Credits. A major goal of this ordinance is to protect existing trees. Therefore,
incentives are offered to retain existing natural vegetation as follows: credit can be taken for a
tree if the tree is in good, vigorous, healthy condition. Tree credits may used towards
landscape requirements. However, the front setback must contain one overstory tree for
every thirty (30) feet of road frontage, regardless of credited trees. A tree must be at least
eight (8) inches DBH (Diameter at Breast Height - 4.5 feet above the grade) to be credited.
To determine the number of tree credits allowed, divide the DBH of the preserved tree by
eight (8) and round downward, not to exceed seven (7) credited trees for any one preserved,
Trees listed in Appendix V may be retained, but will not receive credit towards fulfilling this
ordinance.
Y. Steps for Approval. Before a building permit can be issued or Preliminary Plat
approval can be obtained and prior to any clearing of property for development, a site plan
must be reviewed and accepted by both the Fairhope City Horticulturist and Building
Inspector.
1. An inventory of all live trees greater than twenty (24) inches DBH on a site shall
be included in the Sketch Plan submitted to the City Horticulturist and the City
Building Inspector so that the developer may be advised on tree protection prior to
site clearing or development. The City Horticulturist will have a period of seven (7)
days to review the sketch plan and consult the developer in writing.
2. A full landscape plan shall be submitted as part of the Preliminary Site Plan for any
development. It is required that landscape plans be drawn by a licensed landscape
architect or a licensed landscape designer. The landscape plan must be of professional
quality and shall include:
5
a. Date, scale, north arrow, title and names and contact information for
property owner(s), developer and landscape designer.
b. Location of existing boundary lines and dimensions of building site, as well
as the location of existing water courses, significant drainage features, existing
and proposed streets or alleys, existing or proposed utility easements on or
adjacent to the building site, city road rights of way or required setbacks,
location of proposed parking spaces and location of existing or proposed
sidewalks.
c. The locations, species and DBH of existing significant trees indicating
those to be retained for credit and those to be removed, along with written
justification for removal of any significant trees.
d. The location(s) and dimension(s) of the proposed landscape areas within
the parking area(s) including a description of new trees and plant materials to
be placed within landscape area(s). Both common name and botanical name
must be included.
e. An indication, using written or graphic information, of how the applicant
plans to protect from damage during construction any existing trees and other
vegetation which are proposed to be retained for credit.
f. An indication, using written or graphic information, of how the applicant
intends to control erosion or sediment loss during construction.
g. Statistics verifying that the minimum landscaping percentages set forth
under this ordinance are met.
h. Location type and design of any proposed irrigation system(s).
i. Location and species of buffer zone vegetation.
3. The Fairhope City Horticulturist will review the full landscape plan as certified by
the licensed landscape architect or landscape designer. If deficiences are found, the
landscape architect or designer will be required to revise the plan before a building
permit will be issued. In cases of permit denial, a written explanation must be given.
A revised plan may be re -submitted for evaluation and shall be reviewed according to
the same procedures as the initial submission.
4. A building permit will not be issued unless accompanied by a certified landscape
plan.
5. If proposed construction causes changes in the landscape plan, a revised plan must
be submitted to the City Building Inspector and will be forwarded to the City
Horticulturist for re-evaluation.
6. Once the approved landscape plan has been implemented on the site, the City
Horticulturist must be contacted for an on site inspection. The City Horticulturist will
have a period of two (2) working days to confirm that the landscape plan has been
implemented properly.
7. Once the on -site approval has been completed, the property owner will be notified
in writing and may apply for final plat approval or an occupancy permit.
8. AN OCCUPANCY PERMIT WILL NOT BE ISSUED UNTIL THE
SUBMITTED AND APPROVED LANDSCAPE PLAN HAS BEEN
IMPLEMENTED.
6
VI. Special Provisions for City Properties and Ctility Rights of Way
1. City Right of Way. The City Horticulturist (or appointed star shall have the right to
plant, prune, maintain and remove trees, plants and shrubs within the city rights of way and
all other public property as may be necessary ro insure public health, safety and welfare or to
preserve or enhance the beauty and symmetry of such public grounds. However, the City
Horticulturist and/or Fairhope Utilities Board must obtain proper permission from the
Fairhope Tree Committee prior to removal of any significant tree unless the significant tree is
diseased or represents a public hazard.
2. City Owned Property. Development of any city owned property must adhere to this
ordinance.
3. It shall be unlawful for any person, individual, corporation, institution or agent of such to
engage principally in the business or occupation of pruning, fertilizing or removing trees
within the planning and zoning jurisdiction of the City of Fairhope without first applying for
and procuring the appropriate business license from the City of Fairhope.
4. It shall be unlawful to remove, prune or otherwise damage any tree on public property or
the public right of way without approval from the Fairhope Tree Committee as set forth in
Section VII.
5. All work on city property covered under this ordinance must be performed by a licensed,
bonded and insured contractor under the direct supervision of a certified aborist.
6. Public Utilities that perform routine tree maintenance operations must apply for an annual
permit.
7. All routine pruning of trees on city owned property and city maintained utility easements
must conform to standards set forth by the International Society of Arboriculture and the
National Arborist Association. Routine pruning shall be based on a maximum three (3) year
rotation.
VII. Tree Protection Ordinance.
1. A significant tree is defined as any tree (overstory or understory) that has aged and grown
to an impressive enough stature for its species to be considered an integral part of the City's
natural heritage. Any tree species is considered protected as a significant tree if its DBH
exceeds':twenty-four (24) inches. Significant trees are protected under this ordinance and
cannot be cut or intentionally harmed without expressed written consent of the Fairhope City
Horticulturist.
2. Any person wishing to remove or relocate a significant tree shall, under the provisions of
this section, must make written application with the Fairhope City Horticulturist. The
application shall include a landscape plan (as described above). The City Horticulturist must
approve or deny the permit within fourteen (14) working days after receipt of the application.
3. All tree removal will be at the property owners expense except for; 1) trees on the city
right of way which are diseased, injured, in danger of falling close to existing structures, that
create unsafe vision clearance, the removal of which shall be funded by the city; or, 2) trees
beneath utility lines which threaten to damage the utility line, the removal of which is the duty
7
of the utility company.
4. The Criteria for Issuance of a Tree Removal Permit are as follows:
a. The tree is located in an area where a structure or improvement will be placed
according to an approved plan.
b. The tree is diseased, injured, in danger of falling too close to an existing or
proposed structure(s), interferes with existing utility service, creates unsafe vision
clearance or conflicts with other ordinances or regulations.
c. The tree is, or will be after construction, in violation of federal, state or local laws
or regulations, or causes the construction to violate federal, state or local laws or
regulations, including, but not limited to, laws and regulations pertaining to
government programs for financing the construction.
d. A permit may be denied if the tree is considered to be vital to the natural heritage
of the City of Fairhope and/or the Fairhope Tree Committee determines that
reasonable alternatives to cutting the tree exist.
VIII. Nuisance Trees. The Fairhope City Horticulturist may require landowners, inclusive
of single family residences, to prune or remove trees which may endanger public safety or are
likely to endanger other trees through the spread of disease or insect infestation.
Ix Fees, Fines, Etc. All fines and fees collected will be used to cover operational costs, to
implement this ordinance on city properties and to purchase plants for the City of Fairhope.
1. Fees for Services Rendered. All commercial building permits shall require payment of a
$75.00 Landscape Review Fee before the permit will be issued.
2. Fines/Penalties. Violators of the terms of this ordinance may be cited to the Municipal
Court by means of a Municipal Offense Ticket issued by any authorized enforcement officer
of the City. Such violators may also be brought before the Court on issuance of complaint
and arrest summons by any such officer. Upon conviction of any provision herein, a violator
shall be subject to a maximum fine as allowable by statute and/or a sentence to the City Jail
not to exceed six months, in the discretion of the Municipal Judge. Upon a second or
subsequent conviction the violator shall be subject to a minimum in the City jail of three days
and a maximum sentence of six (6) months. The City Judge shall have the discretion to allow
community service in lieu of jail time at the rate of five (5) days community service for every
one day of jail time.
3. Restitution. Persons who are convicted of causing intentional injury or harm to any tree
on City property or on public right of way will be required to make restitution to the City of
Fairhope in the following amounts:
• $100.00 for each tree 1-2 inches DBH
$500.00 for each tree 2-5 inches DBH
$1,000.00 for each tree 5-10 inches DBH
$2, 000.00 for each tree 10-1 S inches DBH
$3, 000.00 for each tree 15-20 inches DBH
$10.000.00 for each tree 20-30 inches DBH
$20, 000. 00 for each tree 30 plus inches DBH
X. Appeal of Grant or Denial of Permit. Appeals of either a grant or denial of permits
pursuant to these requirements shall be to the Fairhope Tree Committee and may be taken by
the applicant or by any officer, department or board of the City aggrieved by any decision of
the Fairhope City Horticulturist with respect to the administration or enforcement of these
93
requirements. The Fairhope Tree Committee shall have the power to grant permits upon a
showing by the applicant of clear and convincing evidence that the applicant will suffer
extreme and extraordinary hardship. A party aggrieved by the decision of the Fairhope Tree
Committee may appeal to they?Fairhope City Council and may be brought by any of the
persons listed above.
XI. Interference/Severability.
1. Interference. No person shall hinder, prevent, delay or interfere with the City
Horticulturist, Fairhope Tree Committee, or any other duly authorized individual, while
engaged in carrying out the execution or enforcement of this ordinance; provided, however,
that nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy,
legal or equitable, in any court of competent jurisdiction for the protection of property rights
by the owner of any property within the municipality.
2. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for
any reason held to be unconstitutional or otherwise invalid by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance.
XII. Effective Date. This Ordinance shall be in full force and effect upon its adoption and
publication as provided by law.
ADOPTED THIS 14`h DAY OF September , 1998
Attest:
- i. 4u"
eniece W. Johnson, Vy Clerk
times I Nix, Mayor
W,
APPENDIX I
DEFINITIONS
DBH Diameter at Breast Height, or 4.5 feet above the grade. Used to measure
all existing trees.
Caliper Diameter of a tree trunk. Caliper is used to determine the minimum size of
trees planted to fulfill this ordinance. For trees less thasn 4 inches in
diameter, it is measured 6 inches above the ground. For trees between 4
inches and 12 inches in diameter, it is measured 12 inches above the
ground.
City Horticulturist Refers to the official appointed by the City Council to enforce the City of
Fairhope Tree Protection and Landscape Ordinance.
Recommended Tree Any of the trees listed in Appendix II or III, or others as approved by the
Fairhope Tree Committee.
Significant Tree Any tree that has aged and grown to an impressive enough stature (for its
species) to be considered an integral part of the cCity's natural heritage.
(See Section VII - Tree Protection).
Public Tree Any tree located on City of Fairhope property. This includes City rights -
of -way.
Tree Credits A means of crediting existing trees for trees that would have to be planted,
if existing trees could not be saved and protected as stated in this
ordinance.
Overstory Trees Trees which, at maturity, comprise the canopy of a natural forest.
Generally greater than fifty (50) feet at mature height.
Understory Trees Trees which, at maturity, comprise the sub -canopy of a natural forest.
These are generally twenty (20) - forty (40) feet at mature height.
Sketch Plan Initial drawings or sketches of a proposed development which are
submitted to both the Fairhope Planning & Zoning Board and the Fairhope
Tree Committee so that the developer may be advised prior to any clearing
of the property.
Landscape Plan Detailed drawings of proposed landscaping which are evaluated bt the
Fairhope Tree Committee to meet this ordinance. (See section V., article
2).
APPENDIX II
RECOMMENDED 0VERSTORY TREES
The following list contains overstory tree species which are recommended for planting within the
City of Fairhope, based upon growth habitat, natural range and aesthetic qualities. Other species
may be used if approved by the Fairhope Tree Committee.
Ash (any arborescent species)
Fraximus spp.
American Beech
Fagus grandifolia
Black Gum, Tupelo
Nyssa slyvatica
Hackberry, Sugarberry
Celtis laevigata
Baldcypress
Taxodium distichum
Pondcypress
Taxodium ascendens
Basswood, Linden
Tilia americana
Cucumba Magnolia
Magnolia acuminata
Southern Magnolia
Magnolia grandiflora
Red Maple
Acer rubrum
*Live Oak
Quercus virginiana
*Oak Species
Quercus species
Longleaf pine
Pinus palustris
Tulip -Poplar, Yellow -Poplar
Liriodendron tulipifera
Ginkgo, Maidenhair Tree
Ginkgo biloba
Sweet Gum
Liquidambar styraciflua
Sycamore
Plantamus occidentalis
Winged Elm
Ulmus alata
Pistachio
Pistac chinensis
* Any species of oak is acceptable.
APPENDIX III
RECOMMENDED UNDERSTORY TREES
The following list contains understory tree species which are recommended for planting within the
City of Fairhope, based upon growth habit, natural range and aesthetic qualities. Other species
may be used if approved by the Fairhope tree Committee.
Flowering Dogwood
Eastern Redbud
Fringe Tree
American Holly
Two Winged Silverbell
Carolina Silverbell
River Birch (`Heritage' recommended)
Styrax, Snowbell
Downy Serviceberry
Sourwood
Loblolly Bay
Southern Bayberry, Wax Myrtle
Ogeechee Gum
Atlantic White Cedar
Sweet Bay Magnolia
Crepe Myrtle
Eastern Red Cedar
Cornus f Zorida
Cercis canadensis
Chionanthus virginicus
Ilex opaca
Halesia diptera
Halesia caroliniana
Betula nigra
Styrax americanun
Amelanchier arboreum
Oxydendrum arboreum
Gordonia lasianthus
Myrica cerifera
Nyssa ogeche
Chamaecyparis thyoides
Magnolia virginiana
Lagerstroemia indica
([varieties over IS feet tall)
Juniperus virginiana
APPENDIX IV
RECOMMENDED EVERGREEN PLANTINGS
The following is a list of recommended shrubs for planting within the City of Fairhope. These
species (or others as approved by the Fairhope Tree Committee) may be used in buffer zone
landscaping.
Fetter -Bush
Florida Anise, Stinkbush
Anise-Stinkbush
Dahoon Holly
Myrtle Holly
Buckwheat Bush, Titi
Southern Bayberry, Wax Myrtle
Viburnum
Sasanqua Camellia
Indian Hawthorn
*Azalea
American Olive, Devilwood
Foster Holly
Agarista populifolia
Illicium floridanum
Illicium parviflorum
Ilex cassine
Ilex myrtifolia
Cliftonia monophylla
Myrica cerifera
Viburnum walterii
Camellia sasanqua
Raphiolepsis indica
Rhododendron spp.
Osmanthus americanus
Ilex attenuata
* Larger Chinese varieties are recommended for buffer zone landscaping.
APPENDIX V
PLANTS NOT SUPPORTED BY THIS ORDINANCE
The following is a list of plants not supported by this ordinance. Trees in this list may be retained
but will not receive credit towards fulfilling this ordinance. Shrubs on this list will not be
acceptable as buffer zone shrubs. This list is comprised of species which are non-native, invasive
species which are difficult to control, spread rapidly or are detrimental for any other reason.
Chinese Privet
Chinese Tallow Tree, Popcorn Tree
Chinaberry Tree
Mimosa, Silktree
Kudzu
Tree of Heaven
Princess Tree
Cane, Bamboo
Camphor Tree
Ligustrum sinense
Sapium sebiferum
Melia azedarach
Albizia julibrissin
Pueraria lobata
Ailanthus altissima
Pawlonia tomentosa
Any non-native, spreading species
Cinnamomum camphora
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xcellent. $10,750.970-2603.
rend Caravan LE '93, white
/grey interior, dual AC, Infiniti
pond sys., V6, loaded. 90k mi,
8,900.988 7118.0
orator's Special- 85 Trooper,
X4, runs good, solid. $2,695.
B0. 943-8880(D)
65 3581(N). 0
SUZU -'97 Must sell, retiring.
Tended cab. 15,000/mi prig.
oaded. 580 9740. A
EEp WRANQLER 93.4 ql, 5
'93 Ford Festiva
29,000 miles. $2,500. CARS/TRUCKS $100
943-3604.0 Seized and sold locally.
'93 Grand'Prix LE; 4dr; 74,000
mi; Ve; exc Inside & out; runs
greatl $7,500.986-6555.0
'94 Goo Tracker, new 2 piece
top, new tires, 60k mi exc.
cond. $4995.961-7082. b
'94 Mercury Toppaaz. 57K, 5
spd, 2dr, sporty. 986-651 S. 0
1986 Olds Mobile 98 Regency
all power, new tires, new ppaint
& vinyl top $2500 (D) 947-7303
(N)945-6934
1988 Ford Escort 4 spd, runs
good. $1,000 firm. 943-3058.0
77' Cordoba, 71,000 act. mi.
WA, radio, clock, cruise, exc
cond,986-5797
94 Jeep Cherokee Sport
2W/D 6 cyl, 4 dr, A/T, gnUtan
$10,500 626-1982 or 209-7768
BUICK CENTURY '77. '95
eng, V6, 30K mi. Excel. run-
ning cond. $1800.981-3641.1
BUICK CENTURY 84. Good
cond. Needs freeon. P seats.
$1600.981-5218.1
BUICK CENTURY'88 Limited.
Loadedi$2500.981-3188.1
Buick LaSabre '94 loaded,
103K, dark green. Exc. Cond.
$6,500.990.8029 eves. C
BUICK Park Ave.1987, loaded
100ka & runs like new $3200
626-2273
CADI LLAC '94
BEAUTIFULIII
$12,000. (334) 955-1225.1
CADILLAC SEVILLE 1986. 4
door, ail power. $3500. Call
948-4479.1
White w/ charcoal soh top. CADILLAC Sedan Deville,
mi. Like new. $8900. 1992 full power, exc cond,
2231, 5a0 7587' t Must SEEiI $7 800 OBO SOLD
Triple sharp ex
$8750. Call
974-2277.1
?R 92 4x4. CAPRICE CLASSIC WAGON
981 high output. 1992 1 OWNER, 64,000 prig
Aslung-1160, miles, $5500 Call 964-6800
981
L9000 Ford Dump truck, ready
to work, $8900 965-3410 or
978-8863
Mazda Van '91 Exc. cond. AC,
AT, all pwr. $4,995. 947-5354
Iv msg. or 990-1962 work.
NISSAN ALTIMA 97 GXE.
White, 38K. GREAT CART
$11,500. 968-5711 day,
974-6802 eve.I
PLYMOUTH VOYAGER 90
LE. New transmission/ com-
puter. AC, 7 pass. Loaded.
Low miles. No reasonable offer
refused.968-7437.1
Toyota Ext. Cab'67 auto, AC,
bedliner, good condition.
$2.350. 990-8436. C
Work Truck: 74 Ford, 3/4T,
V8, 4spd, runs good, solid
body. $895. 943-8680(D)
965-3681(N). 0
XBRINIMM911M
'64 Ford XL 500 conv., 390
V8, AT, PS, �B. 52500.
981-3300.0
188 Volvo P1800, must sell,
need the space. $2200.
981-6641.0
87' F100 SWB stepside. Ori-
ginal cond. 114K miles, 95%
meth built, little rust to cover &
then ready for paint. 01 Farm-
ers Truck $2750 964-6660 or
443-2224
SATELLITE 1969, 318 engine,
runs, bbopo�y gd cond, $4,000
OBO 989.8868
r or
'63 Chevy Nova. New: ft, end
susp., brakes, Ores, wheel
bearings, uphol., newly
painted. Runs good & looks
8reatil Must sell, make offer.
87-5442.0
'86 Ford Taurus. 4 cyl, 5 spd
t—mieainn honwv-nnid in
Toll Free 1-800-20Lj
ext 2045
CHEVY Bretta 1993, A/T A/C,
low miles, $4,000 OBO Call
955-6034
CHEVY CORVETTE, 1995
Black/black, 6 speed, Boise,
low mites, new good years.
garaged. $25,000.990-4089.
DODGE Colt Vista 1988, looks
nice, needs work $500 OBO
334-964-6190
Explorer XLT 1993-one
owner. 4 door gray, excellent
cond. $9,000. Call 626-2511.
FORD TAURUS 1986. BRAND
NEW MOTOR, sell for parts,
942-1508 Iva msg
FORD TAURUS 1989. Excel-
lent cond, body & motor. $2000
OBO.948-4231.1
FORD TEMPO GL, 87'. 4 dr,
AC, PS, PB, tape, red. $1260
960-1272
FORD THUNDERBIRD 93.
V6, all electric, tilt, CC. Nice
carl$7500.948-2730.1
HYUNDAIACCENT95
Auto & airl
$2995.(334)955-1225
JAGUAR XJS 91 Convertible
Auto, Z12 (Beautiful I
$14,500 (334)955-1225
Jeep Wrangler 1989 4 spd
extras, exc. cond. AM/FM
cass.$5,200.990-4458.
LEBARON CONVERTIBLE
95. Auto, A/C. $4900. (334)
955-1225.1
MAZDA MIATA 90. Low miles,
loaded. Excel cond. $6900
OBO. 543-1120.1
E
ROTEGE LXAC, moon roof,t, less thans, $5,990 FIRMe.
MAZDA Protege L. 4994. 5
sp, AWFM CASS, sun roof,
white, 77,000 miles, $5895
947-48W
For sale: Blue, '90 Beretta, V6,
5 spd, new dutch, cruise,
A sass, tinted windows.
947-7610 aft 6:30pm. 0
For sell: '89 Chevy Camaro.
Good cond., runs good. Low
mileage. $5,995.955-1033.0
GEOTRACKER 92
5 spd, low miles. Exceptionally
nice. $3500. (334) 955-1225
HONDA ACCORD,1991
4 door, exc. cond. Have
receipts. 161K mostly highway
miles $6,000.990-0983 after 7
HONDA ACCORD 87 HB LXI.
FM, AC. Good cond. 5 spd.
$2000.968-6619.1
Honda Civic LX '97, exc.
cond., 5 spd, black, 4dr,
36k mi. $11,200. Lve msg.
621-9490.0
MERCURY TRACER 91. AC.
Good cond. $2900. 981.6897
Bluewater Marine Const. I
Mits. Galant 1990 Auto/Fully
loaded. Great Condition. Must
see. $4,850.621-0656/Eve.
MITE. PRECIS '92. Clean
runs ggpod. Cold A/C. $1500.
937-7076.A
MITSUBISHI ECLIPSE,
GSX, 1995•loaded, leather
Interior, pwr. sunroof,
spoiler, elec. windows &
locks, Asking $13,900.
Exc. condition. 9473651.
MR. DEAL has new Ford and
Mercury cant and trucks at
dealer cost. Call now. Call toll -
free for quote,
1-888-867-9923.A
MUSTANG COBRA 1994. 1 of
5000 made. 5 spd, Camel
leather, Mach stereo, low
miles. Perfect cond. $17,200
OBO. 948-42901v msg. I
exceed4twenty-four (r14) inches. Significant trees are protected under this ordinance and
cannot be cut or intentionally harmed without expressed written consent of the Fairhope City
Horticulturist.
2. Any person wishing to remove or relocate a significant tree shall, under the provisions of
this section, must make written application with the Fairhope City Horticulturist. The
application shall include a landscape plan (as described above). The City Horticulturist must
approve or deny the permit within fourteen (14) working days after receipt of the application.
3. All tree removal will be at the property owners expense except for; 1) trees on the city
right of way which are diseased, injured, in danger of falling close to existing structures, that
create unsafe vision clearance, the removal of which shall be funded by the city; or, 2) trees
beneath utility lines which threaten to damatte the utility line, the removal of which is the duty
of the utility company.
4. The Criteria for Issuance of a Tree Removal Permit are as follows:
a. The tree is located in an area where a structure or improvement will be placed
according to an approved plan.
b. The tree is diseased, injured, in danger of felling too close to an existing or
proposed structure(s), interferes with existing utility service, creates unsafe vision
clearance or conflicts with other ordinances or regulations.
c. The tree is, or will be after construction, in violation of federal, state or local laws
or regulations, or causes the construction to violate federal, state or local laws or
regulations, including, but not limited to, laws and regulations pertaining to
government programs for financing the construction.
d.- A permit may be denied if the tree is considered to be vital to the natural heritage
of the City of Fairhope and/or the Fairhope Tree Committee determines that
reasonable alternatives to cutting the tree exist.
E111 Nuisance Trees. The Fairhope City Horticulturist may require landowners, inclusive
of single family residences, to prune or remove trees which may endanger public safety or are
likely to endanger other trees through the spread of disease or insect infestation.
IX Fees. Fines. Etc All fines and fees collected will be used to cover operational costs, to
implement this ordinance on city properties and to purchase plants for the City of Fairhope.
1. Fees for Services Rendered. All commercial building permits shall require payment of a
$73.00 Landscape Review Fee before the permit will be issued.
2. Fines/Penalties. Violators of the terms of this ordinance may be cited to the Municipal
Court by means of a Municipal Offense Ticket issued by any authorized enforcement officer
of the City. Such violators may also be brought before the Court on issuance of complaint
and arrest summons by any such officer. Upon conviction of any provision herein, a violator
shall be subject to a maximum fine as allowable by statute and/or a sentence to the City Jail
not to exceed six months, in the discretion of the Municipal Judge. Upon a second or
subsequent conviction the violator shall be subject to a minimum in the City jail of three days
and a maximum sentence of six (6) months. The City Judge shall have the discretion to allow
community service in lieu of jail time at the rate of five (5) days community service for every
one day of jail time.
3. Restitution. Persons who are convicted of causing intentional injury or harm to any tree
on City property or on public right of way will be required to make restitution to the City of
Fairhope_in the following amounts:
• $100.00 for each tree 1-2 inches DIIN
• $S00, 00 for each tree 2-S inches DIJN
$1,000, 00 for each We S-10 inches DB11
• $2, 000, 00 for each tree 10-I S inches QBH
$3,000,00 for each free I5-20 inches QRH
!, $10,000, 00 for each tree 10. 0 inches DRH
$20,000,00 for each tree 30plus inches nerl
X. Appeal of Grant or Denial of Permit Appeals of either a grant or denial of permits
pursuant to these requirements shall be to the Fairhope Tree Committee and may be taken by
the applicant or by any officer, department or board of the City aggrieved by any decision of
the Fairhope City Horticulturist with respect to the administration or enforcement of these
requirements. The Fairhope Tree Committee shall have the power to grant permits upon;
showing by the applicant of clear and convincing evidence that the applicant will suffer
extreme and extraordinary hardship. A party aggrieved by the decision of the Fairhope Tree
Committee may appeal to thetFairhope City Council and may be brought by any of the
persons listed above.
rerleLan celSeverabiii
1. Interference. No person shall hinder, prevent, delay or interfere with the City
Horticulturist, Fairhope Tree Committee, or any other duly authorized individual, while
engaged in carrying out the execution or enforcement of this ordinance; provided, however,
that nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy,
legal or equitable, in any court of competent jurisdiction for the protection of property rights
by the owner of any property within the municipality.
2. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for
any reason held to be unconstitutional or otherwise invalid by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance.
Xl�(fective Data This Ordinance shall be in full force and effect upon its adoption and
publication as provided by law.
ADOPTED THIS 14' DAY OF_ _JW1 mbar , 1998
Attest: Js es P. Nix, Mayo
4zov- tl/ —
Geniece W. Johnson, City Jerk C-9-19
AFFIDAVIT:
This is to certify that the attached legal notice/advertisement
appeared in:
❑The Baldwin Times, Bay Minette,AL
❑The Bulletin, Daphne,AL
('`The Fairhope Courier, Fairhope,AL
❑The Independent, Robertsdale,AL
❑The Onlooker, Foley, AL
❑The Islander, Gulf Shores,AL
a weekly newspaper published in Baldwin County,Alabama
❑ Weekend Edition (includes The Fairhope Courier,The Onlooker,
The Islander, and The Bulletin)
Publication Date Cost words/inches x rate
-19 38119 x./6
TOTAL: $
Legal Ad Representative
K thy McGrew
BILL TO: 4'1�71
ATTN
P.O./File Number
FOR OFFICE USE ONLY
Paid......................'Unpaid ....�......................
Account No. % 000 IL
Gulf Coy Newspapers
P.O. Box 509
Robertsdale, AL 36567
Phone (334) 947-7712
State of Alabama MY COM.IAISSION EXPIRES MAY 22, 2CO2
County of Baldwin
Sworn to and subscribed before me this Z�
day of 19
Notary Publi : Baldwin Councy,Alabama
RM ► ► ►
fie ti ces -
,n Maxima '93 GXE.
,
�.
�� ho
car, 91k hwy mi, loaded,
p
,0$8900. 943-2670, ah
;AN SENTRA - '85
M
5:
1-UPPER SPECIAL!
a dutch, but runs good.
arks. Has new distribu-
NOTICE OF FORECLOSURE 16
F
most new tires. $500
STATE OF ALABAMA
Call Dan at 937-2511
or 937-4423 (evenings).
COUNTY OF BALDWIN s
Under and by virtue of the
powers contained In that cer-
°
tain Vendor's Lien retained
In Deed from Cumberland 0
4dr, silver w/ blue leather
tires. Excel cond. Orig
Ltd. an Alabama Limltad in
partnership to William B. RI-
91K mi. $4200. (334)
chardson and Doris G. RI- O
S
932.1
'87.
chardson, dated April 7,1997
and recorded in the Probate P
DELTA 88 Must
he's car, low mlleagge for
Teal color. $2750, 51000
Court Re eorda of Baldwin 0
County, Alabama, default F
book. To see & drive call
having been made In the per-
formance of the terms of Z
144 I
E9355000.9713397.I
said Vendor's Lion au the
undersigned shall, M
legal hours of sale on the G
the
14th day of October, 1998,
89 Pontiac 6000,
P
sell at public auction to the S
highest bidder for cash In
over $25fwkly pints on
bat. of $787 Inc. del.
s
front of the from door of the c
t. Baldwin Finance
main Courthouse of Baldwin s
County, Alabama, the follow-
� 3
ing described real property
r
'Mais
situated in the County of
Baldwin, Slate of Alabama, ?
PO Buick Century pay
full ba'MMl. of $1267 t`agle
to -wit:
Lot 6, Green Oaks, as ppeer
let thereof on Slide 151G8
° 964-6800
Pn the office of the Judge of
Probate, Baldwin County,
B g00S 188. Auto, chant-
apart coupe. $2400.
Alabama. r
Said sale will be made for55-1225.1
the purpose of paying the t
SL2 1998 silver, 4
Indebtedness secured by
Vendor's Lien, theewara.
aoean windows il doors,said
window C
charges as provided therein,
16200.
and expenses hereof, lncludin
SUPRA 88 non-
attomey's fees.TA
9 Cumberlad, Ltd.Lig
tit bluw/new L blue Int runs
Lien Holderalue$5800-$7800,ask-Michael
C. Do Laney
Attorney for Lion
Call 986-6239 even-
968-6414 day, ask for
CHolder
9 28
Y. I
IN THE JUVENILE COURT
VO 760 Station Welton
Turbo, low miles, loaded,
OF BALDWIN COUNTY,
ALABAMA
er int sunroof, 3rd seat.
JU-98417.01
t cone. $8,000.928-2068.
IN RE:THEMATTEPRESLY F
d/o/b 4-14-91, a minor
VW KarnannGhia'73
NOTICE OF COMPLAINT
vw clutch, new carpet.
SCOTT MOODY PRESLEY,
ins great $2,600 OBO.
whose whereabouts are
990-0973
unknown, must answer to
Richard and Jo Huggins Pe-
thion for Custody and other
relief by November 6, 1998
egal Notices
or, thereafter a judgment by
default may be rendered
Number
against him in Case
JU-98417.01, Circuit Court
\\
of Baldwin County, Alabama.
Done this 26th day of Au-
��
gust, 1998.
JACK E N. C LHOUE
\\
CIRCUIT COURT
Notice of Appointment
C-9-12-19-26;104
to be Published
PROBATE COURT
IN THE PROBATE COURT
ESTATE OF
COURT OF BALDWIN
RAYMOND L THOMAS
COUNTYItALABAMA
here Testamentary on
estate of said deceased
CASE 0.1 t 878
IN RE: ESTATE OF
ng been granted to the
ROBERT RINALDO MAXCY
erslgned on the 26th day
ugust, 1998, b y, the Hon-
DECEASED
TO: ROBERT EDWARD
)Is Adrian T. Johns,
ps of the Probate Court
MAXCY
This day came MURRAY G.
aldwin County, notice is
givenall
HILL JR. as Personal Rep-
of the
atgainsstresaid
Ing
ROBERTYe
RINALDOEstate MAXCYf
its are hereby required to
Deceased, and fllea his poll -
for to sell the
sent the some within time
wed by law or the same
Ilan authority
real and personal property
be barred.
belonging to the above said
PAULINE H. THOMAS
Personal Representative
estate.
It Is ORyRDERED that the
fA.M. September
ANDLE
1998, ata9.00 and
1998,
m Law
)may
). Box2999
the same hereby Is, appoin-
I Shores, AL 36547
0-9-5.12-19
led as the day and time on
which to hear said petition,
at which time you can appear
NotlesofAppointmam g
to be Published thl
PROBATE COURT
ESTATE OF 21
DOLLIE M. MEADOWS
utters of Administration
the estate of said J
,&sod havingg been ggran- Att
`,a the un, no on P
;. • day of Augu 1. 1998,
i , �norable Adrian T. NI
), J.4 • of the Probate
of Baldwin County, no.
a hereby given that all
one having claims th
tat said estate are o
iby reyulred to present b
►ante within time allowed TI
aw or the same will be C
RANILES B. MEADOWS P
Personal Reppresentative C
AVID CHAP1 AN 111 1
may at Law y
office Box 1508 r
Shore, AL 0-9-5-12-19 6547 v
ofice of Appointment
to be Published I
PROBATE COURT
ESTATE OF J
FRANK BROOKS
tiers of Administration A
the estate of said
used having been gran-
to the undersigned on
Its day of August, 1998.
is Honorable Adrian T.
Is, Judge of the Probate
t of Baldwin County, no -
is hereby given that all
;one having claims
nst said estate are
by required to present
ame within time allowed
tw or the same will be
,d.
BERNICE BROOKS
'Jersonal Repprrasentative
.OR D. WILKINS JR.
ns Bankester,
& Wynne
office Box 400
tinette, AL 0-9-12-19.26
Nice of Appointment
to be Published
2ROBATECOURT
ESTATE OF
=RANK 0. "CHIP"
BARBER III
ears of Administration
he estate of said
sod having been gran -
the undersigned on
,d day of September,
by the Honorable
T. Johns, Judge of
,bate Court of Baldwin
,, notice is hereby gi-
st all persons having
against said estate
•sby required to Pro-
w same Within time al-
,y law or the same will
)d.
GAY BARBER DEAN
sonal Repprresentative
D. SUTI.EY
on & Sutley
r 1320
L36538
0-9-12-19-26
and
contest same, I you
nk pprooppeer.
WffNESS my hand this
eaI day of August, 1998.
Adrian T. Johns
Jud a of Probate
OHN M. TYSON
ontoyy at Law
at Office Box 242
obits, AL 36WI
C-9-12-19-26
LEGAL NOTICE
Notice is hereby given the
e following propert
wnent in pFalrhops, AI
ON OR VACATION to th
by Council on Monde
eptember 211, 1998, at 5:
m., Falrhope Municl
omplsx Council Chambe
et North Section Street.
ou wish to comment on tit
oquest, you are cordially I
Ited to be resent.
PROPERTY OWNER
Charles D. Carpenter, R.
Grogorlus and Eva Gng
us, Sydney Olander and L
Olander Lucille C. Grifflt
ennle tee, Jack H. Log
don, and Lucille Logsdo
Ala
CATED: All of that Penton
a 20 toot Public RIg=f-W
known as Pinocrest La
running East and West B
queatnStrreet,tthrough Blo
11 of Magnolia Beach ad
,Ion to the town of Feirho
as per Plat of Record filed
Miseellaneoua Book 1
Paga 331, Probate Recot
of Baldwin County, Alaban
And the said owners hr
filed a petition with the C
Council of the City
hope, Alabama, request
that said City Council give
assent to the vacation of
ley described above. 5-17
LEGAL NOTICE
NOTICE OF PENDING
APPLICATION OR
NI
OF ALCOHOLIC LICVAL OF ENt
Notice Is hereby given
Jon Treudt has requet
that the Baldwin Cot
Commission spLpwrovs th,
suance of a Retall T
Wine Liquor License by
Alabama Alcoholic Bevel
t I
Control
at October, 1998,eat
o'clock a.m. has been se
the hearing thereof at thi
flee of the Baldwin Cc
Commission. The name
exact location of the I
ness being Buoy & G
Oulck Mart, L.L.C., 998
Hwy.180.
Any Interested person
appear at sold time and 1
and be heard either In
port of or In opposition
granting ov
C- such D-O.1-919-2f
s of Appointment
be Published
)BATE COURT
:STATE OF
FLICK KETTERER
Testamentary on
t of said deceased
etdgranted
n thee28th day
'1998, by the
HotJohns,
drian T
the Probate Court
County, notice is
on that all persons
Ims against said
tersby required to
, same within time
law or the same
ed.
IANCY C. HINTON
cal Representative
PIES
9 Sutley
l20
i536
0-9.19-26;10.3
SEC ?.iC':"
PUBLIC HEARING
Notice is hereby given the
stand time that the Falr-
ppse City Council will hold a
ubllc Hearing on a pro..
Ordinance amending
Zoning Ordinance No. 557 on
mday,12 October, 1998, at
30 p.m. Falrhops Municipal
Complax Council Chamber;
1 North Section Street;
alrhope, AL 36532.
All persons who desire
hell have an opportunity to
bet heard
it on to, this vor of,
proposed
or In
and are orially
voted to be present.
SYNOPSIS OF PROPOSED
RDINANCE TO BE CON-
IDERED; ORDINANCE
RINTED IN FULL IN
9/12/98 ISSUE OF THE
AIRHOPE COURIER:
Ordinance is to amend
oning Ordinance by zoning
ha following propperty from
4 Light Induarlal to B-2
oneral Business
Property of Trisha Lo-
orto, located at 720 Middle
treat, more properl do -
from the Northeast
orner of Section 20, Town -
hip 6 South, Range 2 East,
Baldwin Countyy, Alabama,
un thence South 00° 20'57'
East, 958.98 feat to a point'
hence run South 00° 08.1
Wsst, 1170.30 feet to an Iron
P on the South right of
mg of Middle Street and the
point of beginning; thence
un South 00.
0 08
273.78 feat to an Iron QIPPei
hence run North 89° 45 48'
West, 133.01 feat to a con-
crete monument on the East
right of way of Ingleside
Avenue, thence run North
00° 25' 34" West, along sold
East right of way, 271.69 feat
I an Iron pipe on the Inter-
section of the East right of
way of Ingleside Avenue and
the South right of way of
Middle Street thence run
North 89° 20' fast along the
said South right of way o
Middle Street, 34.40 feet 1
the point of beginning, con-
taining 0.83 acres, more o
less.
C-9-1
Civil Action
No.: CV 98-722
Publication and Notice
of Pendency of Complaint
In the Ciroult Court for the
28th Judicial Circuit, Bald-
win
County, Alabama. T. H
Gamble vs. Schaaf Realty
investmentMA Part
nere South Point Credit Ser
vices, and the real estate, t
wit: Commencing at th
Southeast comer of Sectio
7, Township 9 South, Ran
4 East Baldwin County, Alf
barns, run West 50.0 feet to
point on the West rlgM
way line of Regency Roa
thence run North 00 degre
49 mints 22 seconds Ea
along the West line of R
gency Road 0.33 feet to
point; thence run North
do
gres 22 minutes 39
onds East and along t
West line of said Regan
Road 120.53 feet to the poi
of binning; thence e
tinue North 00 degrees
minutes 39 seconds E
along the West line of
$gency Road right of w
445.0 test to a point,
point being the intersectl
of Regency Road and CI
house Road; thence r
South 32 degrees 34 min
39 seconds -West and at
the East right of way line
said Clubhouse Road 58
test to a point, said point
Ing the P. 1. of said Cl
house Road; thence
North 57 degrees 25 min
21 seconds West and al
the South line of said Cl
house Road 280 feet tc
point, said point being on
East property fine of the C
Shores Golf Counts; thei
run south 32 degrees
minutes 39 seconds Vi
along said East line of
Gulf Shores Golf Ca,
643.96 feet to a point; the
run South 89 degrees
t minutes 21 seconds I
y 611.13 foot to the poln
boginnin ,, all being In
I. Lion 7, Township 9 Si;
a Range 4 East, Bold
County,Alsbama. LESS I
EXCEPT- Regency Cot,
minium, PHASE I, as doff
Pal by the Declaration of I
11 dominium and all exhibit
Is tachad thereto, Includlnt
n- By-laws, May 14, 1985
recorded In Mlscellam
S: Book 54, pa as 13 at ;
J and amended by tits It
J. mental Amendment to
r.00 ciarotlon of Condomin
h dated August 16, 1985
a- recorded In Miscellan
n Book 55, page 274, at
further emended by Cc
A_ tion Amendment to Der
of tion of Condominium, (
sy August 22, 1985 and r
no dad in Real Property
99a nave 697. at seq.
Ea
11, page 268
;In C,_ -.ty, Alabama; Ins
thence run South 89 Degrees In
57 Minutes 59 Seconds East POI
and along the North line oI than
said Southwest Ouarter of the
the Southeast 1/4, a distance beln
of 972.12 foot to a point; In F
thence run South 01 degree In
20 mints 08 seconds West So
a distance of 475.26 feat to a win
point; thence run North 78 P
d1egmos 19 minutes 45 sec- No
onds West a distance of So
156.14 feet to a point; thence No
run South 00 degrees 16 T
minutes 00 seconds East a 20'
distance of 76.34 test to a 2" N
open top pipe; thence run the
South 74 degrees 38 minutes fee
27 seconds Wea 113.88 feet 2
to a point; thence run North 2p
00 degrees 17 minutes 20 6
seconds West 50.00 feet to a the
point; thence run North 74 }e
do rose 38 minutes 27 sec- 89.
onds East 50.00 test to a B
point; thence run North 00 the
degm es 17 minutes 14 sec- to
onds Wool 200.00 feet to a ca
ppoint; thence run West W.
748.64 feet to a point of the th
West line of said Southwest th
Quarter of the Southeast }
Ouarter; thence run North 78
and along said West line, 00 i3
degrose 12 minutes 05 sec- BI
on East 287.38 feet
to also S
open a pooiint of beginning E
of the proPorty herein de- b
scribed. Containing 7.40
acres, more or less, k
MARY PACKER, and S
ANY AND ALL HEIRS OF a
MARY LIZA TAYLOR AND b
MARY LOU BOSTON, t
and N
ANY AND ALL UNKNOWN lt
PARTIES, Including t
any persons claiming
any future, contingent, r
reversionary or other s
Interest therein or who p
may clalm any Interest a
In the above described c
property, a
Defendants. f
} NOTICE
o parrtlis,Inknowii including anyotP r
r son claiming any present In- I
forest in the property de- t
g scribed above, Including any I
persons claiming any future
contingent reversionary re-
mainder or other Interest, I
who may claim ant Interest
In the above dscribed prop
s arty, whose whereabouts are
unknown must answer Willie
Christine Packer's Com-
plaint and other relief byy the
19th day of October, 199a or
thereafter a Judgment of be-
° fault In be entered against
e him In Civil Action Number
n CV-98-700 In the Circuit
e Court of Baldwin County,
s- Alabama.
of DONE this 11th day of Au.
d; gust, 1998.
JACKIE N. rk of Court
st Baldwin County, Alabama
e- THIS DOCUMENT
a PREPARED BY'
00 Jule R. HerbertJr.
sec- Juts R. Herbert Jr., P.C.
its Attorney at Law
rrtP. 0. Drawer 3889
Gulf Shores, AL 36547
°n. (334) 9684764
22 1.8-29;9-5-12-19
Ra. LEGAL NOTICE
ay Notice Is hereby given that
said Stewart's Electrical Contrec-
on tore, Inc. has completed the
cab. contract for the replacement
un of the fire alarm at the Gulf
cafes Shores City Hall and Civic
on1 the centerCity atJob Gulf Shores,
made
, request for finand l settlement
ub. of said contract.
run Stowart's Electrical
tNas Contractors, Inc.
on 40580 State Hwvryy. 59
ub9 BayMinette,AL35507
1.9.12-19-26;10-3
Nor
Sou
Nor
lee
Ea
to
IN
it
an
edge 05 still W Ilof,the st
CT OF BEGINNING; run 30
ce N 05° 11' E 42 foot to
POINT OF RGINNING, th
gg Lot No. 8 Block "D at
ISH TRAP SUBDIVISION, CI
Section 21, Township 8 PI
uth, Range 5 East, Bald- pi
County, Alabama. re
ARCEL B: Starting at the a
corner of the s
Ouarter of the w
Quarter of $21, c
8S, RSE; run thence S 006 d
E, 764.03 test; run thence i
A- 52' W, 712.2 feat; run b
nce S 67° 12' W. 618.3
t; run thence N 2° 18' W,
58.2 fast; run thence N 22°
,2
44.8 feet; run thence N s
7° 12' E, 282.5 fast; run d
ante N 22° 2T E, 221.48
et; run thence S 02° le' E, s
87 fat, to the POINT OF r
EGINNING; continue
once S 02° 18' E 265.13
d; to the North save of a
nal; run thence S t37° 12'
along the North edge of
a canal, too feet; run
once N 12° 39' E, 238.3
run thence N 22° 27' E
93 feet to the POINT OFt
EGINNING, being Lot No. 9,
ocit "D", in FlSH TRAP
UBDIVISION, In Section 21,
ownship 8 South, Range 5
Baldwin County, Ala-
ame.
Said property is commonly
nown as 22
Crest, Elberta, AL 36530.
The Indebtedness secured
y said Mortgage has been
nd is hereby declared due
ecause of default under the
of said Mortgage and
ote, Including but not lim-
ed to, the nonpayment of
he Indebtedness as and
due. The Indebtedness
emalning In default, this
ale will be made for the
urposs of paying the same,
11 expenses of the sale, in-
luding attorney's fee, and
II other payments provided
or under the terms of the
Mortgage and Note.
Said property will be sold
subject to the followingg
which may affect the ti.
Is to said property: all zon-
ng ordinances; matters
which would be disclosed by
an accurate survey or by an
nspection of the property;
any outstanding taxes, in-
cluding but not limited to ad
valorem taxes, which consti-
tute lions upon said prop -
Orly; special assessments;
all outstanding bills for pub-
lic utilities which constitute
(Ions upon said property; all
restrictive covenants, ease-
ments, rights-ot-way; the
statutory right of redemption
pursuant to Alabama law and
any other matters of record
superior to said Mortgage.
To the best of the knowledgge
and belief of the undentfg-
ned the party In possession
of the property Is Jaequlna L.
Lail and Tyrone Jack Can-
terbury or tonant(s).
AMERIOUEST MORTGAGE
COMPANY, F/K/A LONG
BEACH MORTGAGE COM-
PANY
as holder of said mortgage
Jams G. Whiddon III
Morris, Schneider
d, Prior, L.L.C.
3300 N.E. Expressway,
Suite 89
Atlanta, Georgia 30341
(770234-9181
MSP File No. 333.989306
0.9.19-26;10-3
Calvert Construction
8590 Bayview Drive
Foley, Alabama 36535
August 24 1998
NOTICE OF COINPLETION
Notice is hereby given that
Calvert Construction, 8590
Bayview Drive, Foley, Ala-
bama 36535 has completed
all work on the construction
of Roadways, Water, Sani-
tary Sewer and Storm Drain-
sge for Treeline Subdivision,
phase 11 for WJS, LLC,
Project No. 706701.50. All
persons having claims
should notify the office of
Volkert & Associates Inc., P.
0. Box 3867, Gulf Shares,
Alabama 36547.
0-8-29;9-5-12-19
��No`Ilce is hereby given that
a complaint has been filed
on behalf of T. H. Gamble,
wherein h was alleged that
this complaint filed against
the propertye described Defendants above,
and wherein it was alleged
that the Plaintiff owned said
property In fee simple
through the purchase of a
tax deed which was recorded
October 8, 1995, and It was
alleged that Defendant took
constructive, peaceful posession of -
a.99
nd has paid staxeid s on ssaid
property over said period.
Furthermore. Plaintiff
avers In said complaint that
he has been In continuous,
active peaceable, visible,
hostile notorious, un-
disputed and adverse pos-
session, no other person
having possession of sold
property over said period
except persons upon said
land at Flsintlff's sufferance
and in recognition of the
Plaintiffs superior right to
possession.
YOU ARE HEREBY
DIRECTED TO ANSWER TO
THIS COMPLAINT ON OR
BEFORE THE 9TH DAY OF
NOVEMBER 1998, OR ON
SUF-
FER A DEFAULTOJU OR
TO BE ENTERED AGAINST
Notice of Appointment YOU.
Pto be R BATE Published
CO RT OP AUGUST$ 99998.2�H DA
ESTATE OF Jackie N. Calhoun, Clerk
MARY ALICE MURRAY 1-9-19-26;10-3-1
Letters Testamentary on
the estate of said deceased
having boon granted to the
undersigned on the 28th day
of August, 1998, by the Johns,
Hon-
orable Adrian T
Judge of the Probate Court
of Baldwin County, notice Is
hereby given that all persons
having claims against said
estate are hereby required to
present the same within time
allowed by taw or the same
will be barred.
ROBIN E. MURRAY
Personal Representative
ROBERT M. GALLOWAY
Attorney at Law
Post Office Box 16629
Mobile, AL 3661 C-9-12-19.26
DAY
IN THE CIRCUIT COURT
OF BALDWIN COUNTY,
ALABAMA
Case No.: CV-98-700
WILLIE CHRISTINE
PACKER
Plaintiff,
VS.
Sold Property wnlcn
Is the subject of this
action Is described by
licensed survey of
lopnants where the total -
ructurs area exceeds
000 square feet.
It is the resppoonnsibil of
e Building OftWal Con-
ructlon Superinto;aont or
ty Engglnser, and City
anner fo rev ow the she
an. Following any formal
view process, the staff will
hits the applicant of the
Pacific changes, it any, that
In be required in order to
amply with the zoning or -
notice. Such changes shall
be accomplished prior to the
asuance of a land dlstur-
anca and/or building por-
n.
4.6.1 She Plan Contents
A. Most recent survey
hawing all property boun•
arcs and easements.
B. Topographical survey
hawing drainage, Proposed
attention areas and moth -
ads, wetlands, any other
natural features, and drain- ;
ago calculations.
C. All bordering streets,
avenues, roadways, or other ,
public wetyyss
D. Parking lots, Ingress
and egress, and proposed .
and existing landscaping,
Including all hardwood trees.
E. Placement and dimen-
sions of proposed and exist-
ing structures.
F. Locations and types of
signetge
G. Us�lOccupancy type of
the property and structure.
H. Tax parcel number of lot
or lots Involved.
SECTION 2. BE IT FUR-
THER ORDAINED that Article
11, Definitions, of the Zoning
Ordinance be amended by
adding the following:
She Plan: the plan draw -
Inge of a proposed do-
velopmem on a lot or lots
which reflects the existingy
conditions and pro so
changes, including dralinage,
and any other possible en-
vironmentalimpact.
SECTION 3. That if any
clause, section or other part
of this ordinance shall be
hold invalid or unconstitw
tional by any court of compe-
tent jurisdiction, the remain-
der of this Ordinance shall
not be affected thereby, bud
shall remain in full force and
affect.
SECTION 4. That all Ordin-
ance or parts of Ordinancs
In conflict herewith be, and
the same are, hereby
repealed.
SECTION S. That this Or-
dinance shall be in full force
and effect upon the date of
has adoption.
ADOPTED this the 8th day
of September 1998.
R. Timothy Russell,
Mayor
PUBLIC NOTICE
If anyone should know
Larry J. Brewer Jr. or his
whereabouts please contact
Childre Mini §forage at (334)
9411-8654. Reply by 10/1J/98
or the contents In Unit Vs
will become the property of
Childre Mini Storage.
0.9.19-26
IN THE CIRCUIT
Attest:
A. Perry Wilbourne
City Clork/Administrat r 9-19
PUBLIC NOTICE
The Eleanor VFD will hold
annual elections on the 13th
of October, 1998 at 7 p.m. a
the fire station
css-
El nor Volunteer
Fire Department
P. 0. Box 276
Robertsdale, AL 36567
0-9-19-25;10-3-10
Amer
Notice of Appointment
to be Published
PROBATE COURT
ESTATE OF
SHIRLEY L. ALLEN
Letters Testamentary on
the estate of said deceased
having been granted to the
undersigned on the eth day
of September, 1998, by the
Honorable Adrian T. Johns,
Judge of the Probate Court
of Baldwin County, notice is
hereby given that all persons
having claims against sold
estate are hereby required to
present the same within time
allowed by law or the same
will be barred.
GARY E. LOWE
Personal Repprrsentative
MARY E. MURCHISON
Murchison & Sutleyy
Post Office Box 13L
Foley, AL 385360-9-19-26,10-3
NOTICE OF MORTGAGE
FORECLOSURE SALE
ALABAMA,
BALDWIN COUNT
Y
Default having been made
in the Indebtedness secured
by that certain mortgage
executed by Jacqulna L. Lail
and Tyrone Jack Canterbu
to Long Beach Mortgag
Company dated August 14
1997, said mortggagge bein
recorded In the Mcs of tit
judge of Probate of Baldwi
County, Alabama, In Boo
773 Page 306.
The undersigned Amer
iqqust Mortgage Company
f/k/a Long B d ► Mar g vl
Company,
feast of the power of sale co
talned In said mortgage, wi
sell at public outcry to th
highest bidder for cash b
fore the courthouse door
Baldwin County, Alabam
on October 8, 1998, durin
the I ai hours of sale, t
followin real estate,
}} fueled 19n Baldwin Count
Alabama, to -wit:
EXHIBIT A
PARCEL A: Starting at t
Northeast corner of t
Southeast Quarter of t
0 Northwest Ouarter of 12
_ TBS, RSE; run thence S
02' E, 764.03 feet; run then
N 84° 52' W, 712.2 feet;
thence S 67° 12' W, 61
feet; run thence N 2° 18'
258.2 hot; run thence N
27' E, 244.8 feet; run then
N67°12'E 215.5feet toI
POINT OF BEGINNING; c
tinue thence N 67° 12' E,
test; run thence N 22° 27'
221.48 feet; run thence S
B' E, 69.87 feet, run theft
° W 76 93 test•
David M.Beasley, P.E.
& P.L.S. No. 5693, on
22 1"
thence S 12° 39' W.
Moyle 1998, as follows:
Baginnjng at the North-
fast, to the North adggo 0
canal; run thence S 67° 12
west Comer of the South-
wet Ouarter of the South-
along the said North edge
the canal 86 feet; run the
east Ouarter of Fractional
Section 31, Township 6
N 03° 30' W,116 test, more
less, along the East side
South, Range 2 East, Bald-
the canal; run thence are
Notice of Appolydmem
to be Published
PROBATE COURT
ESTATE OF
LILLIAN C. VALRIE
Letters Testamentary on
the estate of said deceased
having been granted to the
undersigned on the 21a day
of August, 1998, by the Hon-
orable Adrian T. Johns,
Jude of the Probate Court
of Baldwin County, notice is
hereby given that all persons
having claims against sold
estate are hereby required to
preeant the same within time
allovrod by law or the some
will be barred.
IDA MARIETTA C. FIGURES
Personal Representative
KAREN L TUCKER
Stone, Grenada
R al .P c _
Bay Minatts, AL 36507 ~^
D-9-5-12-19
COURT OF BALDWIN
COUNTY ALABAMA
L B A A
CASDR-93340.01
IN RE: THE MARRIAGE OF
SHEILA SWEENEY LOYD,
n/kla SHEILA WESSON
Plaintiff,
vs.
MICHAEEL Clk Defendant.
0HE STATE OF ALABAMA NOTICE OF CIVIL ACTION
THE COUNTY OF BALDWIN MICHAEL CLAY SOVINE,
ORDINANCE NO.569-98 whose whereabouts are
AN ORDINANCE TO unknown must answer
AMEND THE ZONING OR. SHEILA �Wmust sorer
DINANCE OF THE CITY OF SHEI SHEILA EY LO D,
FOLEY, ALABAMA, PROVID- complaint for WESSN's
ING FOR THE REGULATION and other r Modification by OC-
LA THE DEVELOPMENT OF TOBER 19,1998 or thereafter
LAND IN THE CITY A a judgment by default may
FOLEY THROUGH F be rendered against the de -
PROCESS OF REVIEW OF fendant in Caso Number
SITE PLANS FOR ALL PRO- DR-93340.01, Circuit Court
POSED DEVELOPMENT. of Baldwin County, Alabama.
WHEREAS, the adopted Oro DONE this the 20TH day of
Foley, Alabama, -87 o 1998.
dinance No. 387 87 on June AUGUST
N. CALHOUN
14, 1987, ordaining a Zoning CLERfl
Ordinance and Zoning Map BALDWIN COUNTY
for the City of Foley which CIRCUIT COURT
has subsequently been OF COUNSEL:
amended and
WHEREAS, it is the desire Post Ott ce Box RI F, P.C.
of the Mayor and Council of y�
90
the City of Foley to continue Foley, 3Alabama 36536
to provide for the common O g 2g;9-5-12-19
ggood of the community
through the enforcemem of IN THE CIRCUIT COURT
sound zoning practices, and OF BALDWIN COUNTY,
WHEREAS, the review of ALABAMA
site lans for all proposed CASE NO. CV-98-477
devel►o ment Is Important In JIM RUSH,
maintaining the integrity of plaintiff,
land use within the corporate vs.
city limits, and BUILDING SPECIALTIES,
WHEREAS, Article IV of an Alabama Partnership
said Ordinance provides for consisting of WADE
certain administrative review ADAMS, JANIES FOLEY,
procedures, and and WAYNE ADAMS,
WHEREAS, it has been Defendants.
recognized by the Foley NOTICE
Planning Commission, that BUILDING SPECIALTIES,
she plan review procadures an Alabama Partnership
as contained in Article IV of JAMESilofW and DAMS,
the Zoning Ordinance do notLEY,
provide adequate provisions ADAMS, whose whereabouts
fAYN
or review by staff, nor for are unknown must answer
acontent requirements, and plaintiff's complaint and
that this fact has been rat other relief by November 9,
9 ported to the City Council by 1998, or thereafter a Judg-
e the Foley Planning Commis- men? of Default may be or,
n Sion tared against them In Civil
k NbW, THEREFORE, BE IT Action Number CV-98-477 In
ORDAINED BY THE MAYOR the Circuit Court of Baldwin
AND COUNCIL OF THE CITY County, Alabama.
OF FOLEY, ALABAMA: Jackie N. Calhoun
e SECTION 1. That Article IV Clerk -BeldwinCoumy,
r_ of the Zonin Ordinance of Alabama 8-31-98
n- the Citt of Fyolley, Alabama be L. P. SUTLEY
to a 4 6 Site Plan R viewaofollowings MURCHISON & SUCTLEYSEL:
e A zoning site plan review Attom at Law
o} is a procedure designed to P 0 Drawer 1320
a assure that the
proposed Fole , AL 36536
9 development conforms to y 0.9-19-26;10-3-10
he the requirements of the cur-
d. rent zoning ordinance
y A zoning she plan review
shall be required to be made INVITATION TO BID
In all cases at now construe- Sealed bids will be
he tion, remodeling or retur- received by the City of Fday
he bishing of existing strut- Alabama at its ottics at 407
he tures demolition and m' East Laurel Avenue, Fat'
1 , building on existing lots, and Alabama until 11:00 A.M.
00° the change of occupancy or SEPTEMbER 30, 1998, and
ce use of any structure, regard- then publicly opened and
tin less of the district. read far fumishing the fol-
8.3 A conceptual review may lowing equipment:
W be performed with staff dur- ONE 20-CUBIC YARD
22° Ing the planning $is 9 of a HIGH COMPACTION REAR
ce Project, but will not be con- LOADING REFUSE COL -
he sidered a formal review- LECTION TRUCK BODY AND
on- Formal reviews will only be CHASSIS
87 made on submitted finalized Persons Interested In bid•
E' plPlans may be required by din
ick pupthapsiflcationsm t
a° p Cf Hall, 407 East
a S staff to be submitted to the Foley y
ran Planning commission for Laurel Avenue, Foley, Ala
-
238 3 Input in cases where the bents 36535. The Cfy rat
t a proposed development serves the right to accep`taor
W mA Multi elm ly :fat aloft- in::oall bids or any po
nest mercial developments Where
J000ph A. Bouzan
the total area exceeds three Purchasing Age
s or 8 9-
nt
of (3) standard acres.
a23
nd B. Commercial do -
al�Notice�
Contents -
I. Statement of Purpose
II. Duties of the City of Fairhope Tree Committee
IIl. Applicability of Landscape Requirements
IV. General Landscape Requirements
V. Steps for Development Approval
VI. Special Provisions for City Properties and Utility Rights -of -Way
VII. Protection of Significant Trees
VIM Nuisance Trees
IX. Fee, Fines, Etc.
X. Appeal of Grant or Denial of Permit
XI. InterferenedSeverability.
XII. Effective Date
Appendix I. Definitions
Appendix II. Recommended Overstory Trees
Appendix III. Recommended Underatory Trees
Appendix IV. Recommended Shrubs
Appendix V. List of Plants Not Supported by this Ordinance
Appendix VI. Sample of Landscape
l Statement otPuroo• The purpose of this ordinance is to define landscaping
regulations and protocols for the City of Fairhope and to empower the Fairhope Tree
Committee to overaee, implement and improve this Ordinance. These requirements are
for the purpose of protecting existing vegetation and encouraging the planting and
maintenance of additional vegetation within the planning and zoning jurisdiction of the
City of Fairhope. Plants, particularly trees benefit the city and its residents by supplying
oxygen and absorbing carbon dioxide, by reducing soil erosion and storm water runoff, glue from vehicles, wind, heat, noise and other offensive conditions. Landscaping
screens and buffers maintain and enhance the character of neighborhoods and generally
create a safer, more attractive and more pleasant living and working environment for all
residents of the City of Fairhope.
IL Establishment and Drrr1.. r.0 c 'hose Tr r �rnirnet The Fairhope Tree
Committee was originally established per Ordinance 747 and amended per Ordinance
998 to determine and make recommendation to the Mayor and Council on the needs of
the municipality inn connection with its tree planting program; to recommend the type
and kind of trees to be planted upon municipal streets, parks and other public places
within the municipality; to assist the Mayor and Council in the dissemination of news and
information regarding the protection, maintenance, removal and planting of trees on
public property and where requested by the owner on private property; to meet with the
City Planning and Zoning Commission and give advice in the formulation of said plan: to
recommend to the Mayor and Council which trees are considered unwanted weed
species and identify and recommend removal of dead, dying, diseased or insect infested
trees; to examine all trees proposed to be removed or destroyed upon private property,
except on single family lots, and to make recommendations to the Mayor and Council; to
make studies and report to the Mayor and Council with recommendations on matters
concerning trees in the municipality as from time to time requested by the Mayor and
Cn-il
1. Membershia The Mayor, with the concurrence of the Council, shall appoint
on this committee two (2) members of the Council, the City Horticulturist, and the
Mayor shall serve as an ex-otTicio member. The term of the Council members shall
expire on the date that a newly -elected council shall take office. In addition, the Mayor
shall appoint, with the concurrence of the Council, four (4) additional persons in the City
of Fairhope; one (1) of which shall be appointed for a one (1) year, one (1) of which
shall be appointed for a two (2) year term, and two (2) of which will be appointed for a
three (3) year term. Following the initial appointment, all members shall be appointed to
serve for a period of three (3) years, and thereafter until their successors are appointed
and qualified.
L Vacant%s Any vacancy in the membership shall be filled for the unexpired
term in the same manner as the initial appointment.
I Meednes The Tree Committee shall meet at least quarterly or more often as
may be necessary to fulfill this ordinance. In addition, meetings may be called by the
Mayor, by either of the two (2) Council members, or by the three (3) other members,
after giving not less than five (5) days notice of the date, time and place of the special
mating
�utles and Powers are as follows: The duties and powers of the Fairhope Tree Committee
a. Suggest amendments and improvements to the landscaping ordinance
when deemed necessary.
b. Provide public forums and educational outreach programs concerning
city development and landscaping, when necessary. .
c. At the request of the City Horticulturist, review sketch development
plans and advise developers regarding tree protection and landscaping
prior to site clearing of any kind.
d. At the request of the City Horticulturist, review landscape plans and
either issue or deny approval, based upon guidelines of this ordinance.
e. At the request of the City Horticulturist, review applications for tree
pruning or removal permits.
u e The Fairhope Tree Committee shall observe the
following procedurea:
A. Decisions of the Fairhope Tree Committee will be based upon a
majority approval of four (4) of the six (6) voting members.
b. The Fairhope Tree Committee shall elect one (1) of its members as
Chairman, who shall serve for one (1) year or until he/she is reelected or
lu&4w successor is elected.
C. All meetings of the Fairhope Tree Committee shall be open to the
public.
d. The Fairhope Tree Committee shall keep minutes of its proceedings,
showing the vote of each member upon questions, or if absent or failing
to vote, indicating such fact, and shall keep records of its examinations
and other official actions, all of which shall be filed immediately in the
Office of the Clerk and shall be public record.
IIL Annl)sabyih ottki Ordinance AJI rules, regulations and requirements set forth in
this section are applicable to the following and must be met before final plat approval or
a building permit will be issued:
I. Any new development or construction, other than a single family residence, and the
Downtown Business District (without puking) that falls within the planning jurisdiction
Of the City ofFairhoPe. This includes all public use buildings (i.e. Churches, Schools,
Clubs, etc.).
2. Any alteration to an existing building or development, excluding single family
residences, or construction which changes the amount of gross floor area of a structure
or building on a lot by more than 30%. The property which undergoes such alteration
shall be required to come into substantial compliance with this Ordinance at that time.
3. All currently existing commercial and industrial establishments have a period of three
(3) years from acceptance of this ordinance to come into substantial compliance with the
Provisions set forth.
4. When any property, other than single family residence, changes ownership, whether
or not it changes its name, it is the responsibility of the new owner to substantially
comply with this ordinance within ninety (90) days.
5. All properties owned by the City of Fairhope must be in compliance with this
ordinance.
LV. Genes/ l an sca a Reouirr... its The following requirements must be met
before final plat approval or an occupancy permit will be issued to the property owner.
I. During development of a site, every effort must be made to protect and retain existing
significant trees (see Section VII - Protection of Significant Trees). Retained trees will be
credited toward fulfillment of this ordinance (see below). If the Fairhope Tree Committee
determines that alternatives to tree removal exist, the landscape plan may not be approved.
2. On any building site on which an application for a building permit is made, at least 20'/. of
the total property (not including right of way) shall be landscaped.
3. At least 60% of this landscaping percentage requirement shall be located between the
building walls and public street(:).
4. The front setback must contain at least one (1) recommended overstory, tree for every
thirty (30) feet of road frontage, or any Portion thereof. These frontage trees must be planted
within the first twenty-five (25) feet of the property line. In addition, the site must contain
one (1) recommended overstory tree for every thirty (30) feet of remaining outside lot
perimeter, or any portion thereof and one (1) recommended overstory or understory tree for
every twelve (12) parking spaces, or any Portion thereof. At least half of the required trees
must be overstory trees at maturity. Trees may be chosen from Appendix 11(overstory) or
Appendix III (understory). Other tree species may be used if approved by the Fairhope Tree
Committee.
5. To promote species richness, a minimum offour (4) different a site, at least one (1) species must be an understory tree.
Patna is required on each
cover or mulch shall cover all non-pavyd and no elo pad area.
7. Parking Lot Requirements: Landscaping in unoo,,wed parking lots shall attempt to break
up the expanse of pavement, fiicihtate the safe circulation of vehicular and pedestrian traffic
and provide shade. A ratio of one tree (taken from Appendix 11 or 111) for every twelve (12)
parking spaces, or portion thereof, is required within the parking lot boundary. In areas of
traffic (vehicular use areas, imenectibns, etc.) Landscaped material shall not obstruct
visibility between the heights of two (2) and eight (8) feet above the grade.
8. Buffer Zone Landscaping:
a. Incompatible Land Use Buffers - On any commercial, industrial, Planned Unit
Development (PUD), or multi -family development (except duplexes) adjacent to or
abutting a residential zoning district, a buffer strip along the incompatible property
line(s) of the developing property is required. The buffer shall run the entire length
of the abutting lot line(s). Under no circumstances shall this buffer impair vehicular
flow. The type of buffer may consist of any or all of the following: I
i. An opaque fence not less than six (6) feet in height, with horizontal or
vertical openings not greater than three (3) inches per, one (1) linear foot AND
a four (4) foot wide strip of Evergreen plantings (Appendix IV), which wit;
grow to at least six (6) feet in height within three full growing seasons on the
inside ofthe fence, or;
ii. A staggered double row of Evergreen plantings at least six (6) feet in
width, which will grow to at least six (6) feet in height and spaced irra manner
which after three (3) years will provide a nearly impervious visual barrier, or;
iii. Natural undisturbed forest which provides a nearly impervious visual
barrier due to the dense nature of the plants and/or trees. If this option is
chosen the width of the buffer zone must be increased to twenty (20) feet in
width. The city horticulturist shall determine whether the barrier is
satisfactory via site inspection prior to landscape approval.
b. Parking Lot Buffer Zones. When paving is placed closer than ten (10) feet to any
property line the property line shall be buffered with a landscaped strip at least eight
(8) feet in width.
9. Planting Requirements. Any trees planted to meet this ordinance, must meet the following
requirements:
A. Large overstory trees must have an initial caliper diameter of at lust 2.5 inches
and must be at least ten (10) feet in height.
b. Medium or understory trees must have an initial caliper diameter of at least 1.5
inches and must be at least six (6) feet in height.
c. Multi -stemmed understory trees must be a minimum of eight (9) feet in height and
must have at least three (3) stems; each with a minimum caliper diameter of 3/4
inches. A multi -stemmed tree only counts as one tree credit.
d. Shrubs that can be pruned into tree form variations will not be approved for tree
credit. These include, but are not limited to tree forms of the following: Ligustrum;
Indian Hawthorn; Tree Yaupon; and, Camellia.
e. Trees must be obtained from a reputable source. Trees that have been dug in the
wild will not be accepted unless approved by the City Horticulturist.
f. Maintenance of new plantings is the responsibility of the property owner.
g. Any vegetation planted or retained to fulfill this ordinance which dies, becomes
damaged or diseased must be replaced by the property owner by the 31st day of
January the following year. The property owner must notify the City Horticulturist
when the replacement tree has been planted. Failure to replace trees that die will
result in penalties (see Section VIII).
10. Tree Credits. A major goal of this ordinance is to protect existing trees. Therefore,
incentives are offered to retain existing natural vegetation as follows: credit can be taken for a
tree ifthe tree is in good, vigorous, healthy condition. Tree credits may used towards
landscape requirements. However, the front setback must contain one overstory tree for
every thirty (30) feet of road frontage, regardless of credited trees. A tree must be at: least
eight (8) inches DBH (Diameter at Breast Height - 4.5 feet above the grade) to be credited.
To determine the number of tree credits allowed, divide the DBH of the preserved tree by
eight (8) and round downward, not to exceed seven (7) credited trees for any one preserved,
Trees listed in Appendix V may be retained, but will not receive credit towards fulfilling this
ordinance.
V _.Brans for Apnrovn/ Before a building permit can be issued or Preliminary Piat
approval can be obtained and prior to any clearing of property for development, a site plan
must be reviewed and accepted by both the Fairhope City Horticulturist and Building
Inspector.
1. An inventory of all live trees greater than twenty (24) inches DBH on a site shall
be included in the Sketch Plan submitted to the City Horticulturist and the City
Building Inspector so that the developer may be advised on tree protection ,prior to
site clearing or development. The City Horticulturist will have a period of seven (7)
days to review the sketch plan and consult the developer in writing.
2. A full landscape plan shall be submitted as part of the Preliminary Site Plan for any
development. It is required that landscape plans be drawn by a licensed landscape
architect or a licensed landscape designer. The landscape plan must be of professional
quality and shall include:
a. Date, scale, north arrow, title and names and contact information for
Property owner(s), developer and landscape designer.
b. Location of existing boundary lines and dimensions of building site, as well
as the location of existing water courses, significant drainage futures, existing
and proposed streets or alleys, existing or proposed utility easements on or
adjacent to the building site, city road rights of way or required setbacks,
location of proposed parking spaces and location of existing or proposed
sidewalks.
c. The locations, species and DBH of existing significant trees indicating
those to be retained for credit and those to be removed, along with written
justification for removal of any significant trees.
d. The location(s) and dimension(s) of the proposed landscape areas within
the parking area(s) including a description of new trees and plant materials to
be placed within landscape area(:) Both common name and botanical name
must be included.
e. An indication, using written or graphic information, of how the applicant
Plans to protect from damage during construction any existing trees and other
vegetation which are proposed to be retained for credit.
f. An indication, using written or graphic information, of how the applicant
intends to control erosion or sediment loss during construction.
S. Statistics verifying that the minimum landscaping percentages art forth
under this ordinance are met.
h. Location type and design of any proposed irrigation system(s).
i. Location and species of buffer zone vegetation.
3. The Fairhope City Horticulturist will review the full landscape plan as certified by
the licensed landscape architect or landscape designerif deficiences are found, the
landscape architect or designer will be required to revise the plan before a building
permit will be issued. In cases of permit denial, a written explanation must be given.
A revised plan may be re -submitted for evaluation and shall be reviewed according to
the same Procedures as the initial submission.
4. A building permit will not be issued unless accompanied by a certified landscape
plan.
5. If proposed construction causes changes in the landscape plan, a revised plan must
be submitted to the City Building Inspector and will be forwarded to the City
Horticulturist for re-evaluation.
6. Once the approved landscape plan has been implemented on the site, the City
Horticulturist must be contacted for an on site inspection. The City Horticulturist will
have a period of two (2) working days to confirm that the landscape plan has been
implemented properly.
7. Once the on -site approval has been completed, the property owner will be: notified
in writing and may apply for final plat approval or an occupancy permit.
8. AN OCCUPANCY PERMIT WILL NOT BE ISSUED UNTIL THE
SUBMITTED AND APPROVED LANDSCAPE PLAN HAS BEEN
IMPLEMENTED.
e in! owns/ors !or C"fv Proeert/ •and l/til�r w
I. City. Right of Way. The City Horticulturist (or appointed staff) shall have the right to
plant, prune, maintain and remove trees, plants and shrubs within the city rights of way and
all other public property as may be necessary, ro insure public health, ssfety and welfare or to
preserve or enhance the beauty and symmetry of such public grounds. However, the City
Horticulturist and/or Fairhope Utilities Board must obtain proper permission from the
Fairhope Tree Committee prior to removal of any significant tree unless this significant tree is
diseased or represents a public hazard.
2. City Owned Property.
ordinance, Development of any city owned property must adhere to this
3. It shall be unlawful for any person, individual, corporation, institution or agent of such to
engage Principally in the business or occupation of pruning, fertilizing or removing trees
within the planning and zoning jurisdiction of the City of Fairhope without first applying for
and Procuring the appropriate business license from the City of Fairhope.
4. It shall be unlawful to remove, prune or otherwise damage any tree on public property or
the public right of way without approval from Section VII. the Fairhope Tree Committee as get forth in
5. All work on city property covered under this ordinance must be performed by a licensed,
bonded and insured contractor under the direct supervision of a certified arborist.
6. Public Utilities that perform routine tree maintenance operations must apply for an annual
permit.
7. All routine pruning of tree, on city Owned property and city maintained utility easements
must conform to standards set forth by the International Society of Arboriculture and the
NatioNational Arborist Association. Routine pruning shall be based on a maximum three (3) year
nal
1. A significant tree is deftaW as tarty tree (overstory or unders
tory) that has aged and grown
to an impressive enough statum for its species, to be eoruidered an integral Pan of the City's
natural heritage. Any tree sPecies is considered protected as a significant tree if its DBH
6. No bare ground $hall be left exposed. Plant materials
, grass, or other approved ground