HomeMy WebLinkAboutO-1313ORDINANCE NO. 1313
AN ORDINANCE TO PROVIDE FOR THE PUBLIC HEALTH, SAFETY,
AND WELFARE OF THE RESIDENTS OF THE CITY OF FAIRHOPE,
ALABAMA BY LIMITING THE USE OF RED SOILS OR CLAYS
UTILIZED IN OR ON A SITE IN SPECIFIED AREAS AT RISK OF
CONTAMINATING WATERSHEDS.
Add to the City of Fairhope Code Book - Chapter 7, Article IV, Division 3.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
Section A: Purpose
The Purpose of this ordinance is to protect the water quality and environmental
integrity for the area watersheds: streams, rivers, lakes, tributaries, and wetlands. The
purpose is to be accomplished specifically by limiting the use of clays and red soils
which may harm aquatic plants or marine life from being used in Flood zones, potential
floodways, coastal frontages and waterways.
Section B: Definitions
Filling Activity defied: For purposes of this ordinance any soil material
brought from any other location to the site in question. For construction
projects including but not limited to, the following:
Roadways
Driveways
Bulkheads
Foundations
Fill
2. Soil Material: For purposes of this ordinance, Soil Material shall include, but
shall not necessarily be limited to, the following:
Top Soil
Sub Soil
Sand
3. Watershed area: For the purposes of this ordinance, the following area will
be affected:
Section C:
1. Southern most Police Jurisdiction boundary on the west side of
Highway 1 or Flood Zone which ever is greater to Scenic
Highway 98.
2. West Side of Scenic Highway 98 or Flood Zone which ever is
greater to Fairhope Ave
3. All Coastal Bluff areas and Flood Zones from Fairhope Avenue
to Northern most Police Jurisdiction
4. Within Police Jurisdiction 100' outside the 100 year flood plane
of all rivers, streams, creeks or tributaries.
5. Within Police Jurisdiction 50' beyond the outer boundary of all
wetland. Any delineation must be approved by appropriate
agencies.
No person, firm or corporation shall commence to filling activity within
the City Permitting Jurisdiction until the land owner or contractor has
obtained a land disturbing permit from the City of Fairhope. Where a
building permit application is received prior to commencement of land
disturbing activities, the required land disturbance permit may be
incorporated therein as a special condition of such building permit,
Ordinance No. 1313
Limiting Red Soils or Clays
Page —2-
includes the land owner's endorsement. There shall be no separate charge for
the land disturbance permit.
Exemption: This article shall not apply to land -disturbing activity that is
occurring as part farming.
Warning and Disclaimer: The consent of the City to issue a permit based on a
particular design for erosion control measures shall not constitute a
representation, guaranty or warranty of any kind by the City of Fairhope or its
agents, officers or employees of the practicability, adequacy or safety of such
design.
2. Commencement of Work: No person, firm or corporation shall bring into the
Watershed areas any fill that material has more than 10% red or clay.
3. Maintenance of Control Measures: It shall be the responsibility of the
permittee to ensure compliance.
Failure or refusal to comply shall be cause !or the City, through its enforcement
officers, to issue orders suspending all work. Provided, however, that the
issuance of stop work orders shall not be a bar to the imposition of other
remedies or penalties herein provided.
4. Remedies: In the event of an imminent danger or damage to adjacent properties
or downstream areas due to failure of permittee to comply, the City may
perform, or caused to be performed, the work the City deems necessary to
restore protection of such properties and the cost thereof shall be charged
against the subject land as a municipal lien, such charges to be recovered in a
suit at law against the owner.
5. Penalties: Any person violating the provision of this ordinance shall, upon
conviction thereof, be fined a sum of not less than $100 nor more than $500
and, in addition thereto, may be sentenced to the City Jail for a term of not
more than 6 months.
Section D: Miscellaneous Provisions
1. Separability and Validity: Each part and each provision of this Ordinance is
severable from all other parts or provision. Should any part or provision
thereof be declared by the courts to be unconstitutional or invalid, such
declaration shall not affect any other part or provision of this ordinance.
2. This ordinance shall take effect upon its due adoption and publication as
required by law.
ADOPTED THIS THE 28' DAY OF. August , 2006.
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ATTEST v
Geniece W. Jo inson, City
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