HomeMy WebLinkAboutO-1363ORDINANCE NO. 1363
AN ORDINANCE OF THE CITY OF FAIRHOPE, ALABAMA,
RELATING TO THE ISSUANCE OF LAND DISTURBANCE PERMITS;
DECLARING A MORATORIUM ON THE ISSUANCE OF LAND
DISTURBANCE PERMITS FOR ACTIVITIES THAT MAY RESULT IN
THE LOSS, FILL OR DESTRUCTION OF WETLANDS WITHIN
THE CITY LIMITS AND THE CITY'S BUILDING PERMITTING
JURISDICTIONAL AUTHORITY.
WHEREAS the City of Fairhope has adopted ordinances that regulate development and
construction within the City's corporate limits and building permit jurisdiction; and
WHEREAS there has been rapid and substantial growth and development in and around
the City of Fairhope; and
WHEREAS the growth and development in and around the City of Fairhope has
resulted in the loss of certain sensitive environmental wetlands; and
WHEREAS the City Council recognizes that wetlands are fragile natural resources
which serve a number of functions including pollution control and protection of water
quality, flooding and stormwater control, and which provide habitat for fish, wildlife
and vegetation; and
WHEREAS the City Council desires to address the preservation of wetlands; and
WHEREAS the City Council has determined that the adoption of a moratorium on the
issuance of land disturbance permits for activities that will or may result in the loss, fill
or destruction of wetlands is appropriate to prevent conditions that may threaten the
health, safety, and welfare of the community; and
WHEREAS placing a moratorium of limited duration and limited scope would be in the
public interest and promote orderly growth and development;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA, DOES ORDAIN AS FOLLOWS:
Section 1. Moratorium Established. A Moratorium (the "Moratorium") is imposed
upon the issuance of land disturbance permits by the City of Fairhope Building
Inspection and Permitting Department for activities that will or may result in the loss,
fill or destruction of Wetlands as defined herein.
Section 2. Wetlands Defined. Wetlands are those areas that are inundated or
saturated by surface or ground water at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs and similar areas. Wetlands shall specifically include, but are not limited
to, areas of wetlands delineated as jurisdictional by the United States Army Corps of
Engineers.
Ordinance No. 1363
Moratorium —Land Disturbance Permit
Applications for Wetlands
Page -2-
Section 3. Effective Period of Moratorium. The Moratorium shall be effective
immediately upon passage and shall continue until October 15, 2008, unless terminated
sooner by action of the City Council.
Section 4. 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 9TH DAY OF JUNE 2008.
(A,!
y M. Kantj Mayor
ATTEST:
a A. anks, Ci y Clerk