HomeMy WebLinkAboutO-1304ORDINANCE NO. 1304
AN ORDININANCE OF THE CITY OF FAIRHOPE,
ALABAMA, TOPROTECT THE HEALTH, SAFETY
AND GENERAL WELFARE OF THE PEOPLE
RELATING TO THE SUBDIVISION
REGULATIONS, DELCARING A MORATORIUM
ON THE FILING OF SUBDIVISION APPLICATIONS
WITHIN THE CITY LIMITS AND THE FIVE MILE
PLANNING JURISDICTION.
WHEREAS the City of Fairhope has adopted the Fairhope Subdivision Regulations that
regulate the subdivision of land within the city limits and the five mile planning
jurisdiction;
WHEREAS there has been rapid and substantial growth in and around the City of
Fairhope; and
WHEREAS the City Council desires to address traffic issues, completion of updates to
the City of Fairhope Comprehensive Plan, adoption of an Impact fee Ordinance,
development of a comprehensive drainage plan, development of additional requirements
to protect sensitive environmental areas, review of existing subdivision regulations,
traffic issues related to the widening of State Highway 181, completion of County Road
13 and other traffic related concerns; and
WHEREAS the City Council has determined that the adoption of the moratorium is
appropriate to prevent conditions that may threaten the community's health, safety, and
welfare; and
WHEREAS placing a moratorium of limited duration and limited scope would be in the
public interest and promote orderly land development;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA, DOES ORDAIN AS FOLLOWS:
Section 1. Moratorium Established. Except as hereafter set forth, a moratorium is
imposed upon the acceptance and consideration of all Subdivision
Applications by the City of Fairhope Planning Commission (the
"Moratorium").
Section 2. Exemption for Current Projects. Notwithstanding anything contained in
Section 1 hereof to the contrary, the Moratorium shall not apply to any
project for which any of the following has been made to and received by
the City of Fairhope Planning & Zoning Commission prior to the
effective date of this ordinance:
a. Request for informal review;
b. Application for preliminary plat approval; or
C. Application for final plat approval.
Ordinance No. 1304
Moratorium — Subdivision Applications
Page -2-
Section 3. Categorical Exemptions. The following forms of subdivision are
expressly exempted by the Moratorium based upon a finding by the City
Council that such subdivisions do not materially impact the issues sought
to be addressed during the Moratorium:
a. Family Subdivisions.
b. Replat as defined in Article IV, Section E of the Fairhope
Subdivision Regulations.
Section 4. Effective Period of Moratorium. The Moratorium shall be effective
immediately upon passage, publication as required by law, and shall
continue for a period of Six (6) months, unless terminated sooner by
action of the City Council.
Section 5. Severability. Should any section, paragraph, sentence, clause or phrase
of this Ordinance, or its application to any person or circumstance, be
declared unconstitutional or otherwise invalid for any reason, or should
any portion of this ordinance be pre-empted by state or federal law or
regulation, such decision or pre -exemption shall not affect the validity of
the remaining portions of this ordinance or its application to other
persons or circumstances.
ADOPTED BY THE CITY COUNCIL AT A
REGULAR MEETING THEREOF ON THE 26TH DAY OF JUNE 2006.