HomeMy WebLinkAboutO-1423ORDINANCE NO. 1423
RED SOIL (CLAY AND SILT) ORDINANCE
AN ORDINANCE TO REPEAL AND REPLACE
ORDINANCE NO.759 AND ORDINANCE NO. 1313,
KNOWN AS THE COASTAL PROTECTION ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA FOLLOWS:
ARTICLE IV: Red Soil (Clay and Silt) Regulations for Critical Areas
Section A: Purpose
The purpose of this ordinance is to protect the water quality and environmental integrity of
the watersheds within the Fairhope permitting jurisdiction. The purpose is to be
accomplished specifically by limiting the use of red soil (clay and silt) which may harm
aquatic plants or marine life, from being used in critical and coastal areas.
Section B: Objectives
1. To protect humans, wildlife and natural resources.
2. To prevent erosion and sedimentation (siltation)
3. To protect water clarity in local water bodies
4. To prohibit the use of red soil (clay and silt) in high risk "critical" areas
Section C: Definitions
Critical Areas — Environmentally and ecologically sensitive areas to include but not limited
to high risk areas for erosion and/or within 100' of floodplains, wetlands, watercourses and
gullies
Filling activity — means any soil or fill 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
Permitting Jurisdiction - the boundaries set forth and shown on the most current "Permitting
Jurisdiction" map, posted in the Planning and Building Department of the City of Fairhope
Red soil (clay and silt) — means dry soil material that has more than 10% by weight passing
through a 200 mesh sieve, including those soils having chroma and color value which could
pose a water clarity threat, as determined on a case by case basis, by the Building Official
and/or his/her designee. Soil shall include, but not necessarily be limited to, the following:
Top soil
Subsoil
Sand
Watercourse — means gullies, rivers, streams, intermittent streams, ditches, brooks,
channels, lakes, ponds, manmade ponds, estuarine waters, swamps, bogs, vernal pools and
all other bodies of water which have defined banks of water at least a portion of each year.
Ordinance No. 1423
Page 2
Watershed — means the sum of the land that drains into a specified low point
Section D: Red Soil / Clay restricted areas
1. Southernmost permitting jurisdiction boundary on the west side of Highway 1 or
flood zone whichever is greater to Scenic Highway 98.
2. West side of Scenic Highway 98 or flood zone whichever is greater to Fairhope
Avenue.
3. All Coastal Bluff areas and flood zones from Fairhope Avenue to northernmost
permitting jurisdiction.
4. Within permitting jurisdiction one hundred (100) feet outside the 100-year
floodplain of all rivers, streams, creeks or tributaries:
5. Within permitting jurisdiction one hundred (100) feet beyond the outer boundary of
all wetlands. Any delineation must be approved by appropriate agencies, and as per
City of Fairhope Wetland Ordinance number 1370.
6. Within permitting jurisdiction one hundred (100) feet outside of critical areas
(defined at top of bank, or floodplain, whichever is greater) including slopes 3:1 or
greater.
Section E: Land disturbance permits.
a. No person, firm or corporation shall commence to filling activity within the City
permitting jurisdiction until the landowner or contractor has obtained a land
disturbing permit from the City of Fairhope, in accordance with the Erosion and
Sediment Control Ordinance Number 1398.
Exemption: This ordinance shall not apply to land disturbing activity that is
occurring as part of 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.
1. Commencement of work: No person, firm or corporation shall bring into the red
soil / clay restricted areas any material herein known as "red soil', "clay" or "clay
and silt'. City may elect to require a third party review, at the expense of the
permittee, for variations of this ordinance, in regards to red soil prohibitions and
necessary usages.
Maintenance of control measures: It shall be the responsibility of the permittee to
ensure compliance.
Failure or refusal to comply shall be cause for the city, through its enforcement
officers, to issue Stop Work Orders suspending all work. Stop work orders shall not
stop or delay remedies necessary to stabilize the property and/or to correct the
deficiencies.
3. Remedies: In the event of imminent danger or damage to adjacent properties or
downstream areas due to failure of permittee to comply, the City may perform, or
cause 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 lawsuit against the owner.
Ordinance No. 1423
Page 3
4. Penalties: Any person violating the provision of this ordinance shall, upon
conviction thereof, be fined a sum of not less than one hundred dollars ($100.00)
nor more than five hundred dollars ($500.00) and, in addition thereto, may be
sentenced to the City jail for a term of not more than six (6) months. Each day
during which any violation of any of the provisions of this Ordinance is committed,
continued, or permitted shall constitute a separate offense. Nothing herein
contained shall prevent the City of Fairhope from taking such other lawful actions
as are necessary to prevent or remedy any violation.
Section F: Miscellaneous Provisions
1. The sections, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared unconstitutional by a court of competent
jurisdiction, then such ruling shall not affect any other paragraphs and
sections, since the same would have been enacted by the municipality
council without the incorporation of any such unconstitutional phrase,
clause, sentence, paragraph or section.
2. This ordinance shall take effect immediately upon its due adoption and
publication as required by law.
ADOPTED THIS 24TH DAY OF MAY, 2010
Attest:
i
isa A. anks, City Clerk