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ORDINANCE NO. 1325
AN ORDININANCE OF THE CITY OF FAIRHOPE, ALABAMA, TO AMEND
ORDINANCE NO. 1304 TO EXTEND SUBDIVISION MORATORIUM
WHEREAS, the City Council of the City of Fairhope, Alabama (the "City") adopted Ordinance
No. 1304 on June 26, 2006, which, among other things, imposed a moratorium on the
acceptance of certain subdivision applications by the City of Fairhope Planning Commission
(the "Moratorium") for a period of time extending until December 26, 2006;
WHEREAS, the purposes of the Moratorium were to give the City an opportunity 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 (the "Purposes") without having to process
subdivision applications at the same time;
WHEREAS, the City has been pursuing the Purposes with due diligence, but has been and will
be unable to materially complete the Purposes within the current time frame of the Moratorium;
and
WHEREAS, the City Council has determined that the extension of the Moratorium with one
exception hereinafter set forth will promote the general health, safety, and welfare of the City as
a whole.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA,
DOES ORDAIN AS FOLLOWS:
Section 1. Moratorium Extended. Except as hereinafter set forth, Section 4 of Ordinance
No. 1304 is hereby amended so that the Moratorium is extended until March
26, 2007.
Section 2. Amendment of Section 3 of Ordinance No. 1304. Section 3 of Ordinance No.
1304 is hereby amended by adding to said Section 3 a new subparagraph c.
which shall provide as follows:
Minor Subdivisions as defined in the City of Fairhope Subdivision
Regulations.
Section 3. 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.
Section 4. Effective Period of Moratorium. This Ordinance shall be effective immediately
upon passage and publication as required by law.
ATTE
ADOPTED BY THE CITY COUNCIL AT A
REGULAR MEETING THEREOF ON THE 18`h DAY OF DECEMBER 2006.
W. Johnson, City C