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HomeMy WebLinkAboutO-1603ft ORDINANCE NO. 1603 AN ORDINANCE TO AMEND AND ADD TO ARTICLE VII. EROSION AND SEDIMENT CONTROL (AMENDING ORDINANCE NUMBER 1398 KNOWN AS FAIRHOPE EROSION AND SEDIMENT CONTROL ORDINANCE) BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section 1. The Code of Ordinances, City of Fairhope, Alabama, Article VI, Sections 7-154, 7-155, 7-156, 7-158, 7-159, and 7-164, are hereby amended to reflect the following changes and additions: ARTICLE VIL - EROSION AND SEDIMENT CONTROL Section 7-154 Definitions. Add the following definition: Development Site. Any parcel of land 1 acre or greater converted into construction ready housing, commercial or industrial building sites. The development process involves improvements that have indefinite life, such as draining, dredging, excavating, filing, grading, paving, and the building of structures. The Balance of Section 7-154 remains as written and codified. Section 7-155 Permits. Amend the following: No person, firm or corporation shall engage in any land disturbance activity within the city permitting jurisdiction until the landowner has obtained a permit therefore from the city. Once permit is received, permittee should immediately install those control measures (BMPs) specified on the site erosion and sediment control plan, if any, as well as the city BMP minimum requirements. Furthermore, land disturbance activity (except that which is necessary to install such BMPs) shall not commence until an "initial BMP inspection" is completed, to ensure conformance with the developer's plan as approved by the QCP and the city BMP minimum requirements. In most cases, the land disturbance permit review period will be within forty-eight (48) hours (for single-family developments not near a critical area). For those projects requiring an erosion and sediment control plan, the review period shall be within thirty (30) days. A bond may be required as is deemed necessary by the City of Fairhope. Under emergency conditions, including utility repairs, permit may be obtained on the next day of business. Exemptions: Silviculture that does not involve removal of root systems, gardening, and agriculture. Refer to the city tree ordinance. If siviculture activities take place on a site prior to develop work, the site must be re -stabilized before building permits will be issued. Section 7-156 Erosion and Sediment Control Plan. Amend the following: A. Applicable for developments classified as multifamily (3 units or more), subdivisions, commercial, development sites, and industrial construction, and/or those in critical areas. D. Submittal, Review, and Approval Procedures: 3. The City shall: b. City may elect to require a third -party review for sites in or near critical areas. All costs associated with a third -party review will be paid by the applicant. The Balance of Section 7-156 remains as written and codified. Ordinance No. 1603 Page —2- Section 7-158 Design Requirement. Amend and Add the following: A. Clearing and Grading 2. Clearing techniques that retain natural vegetation and natural drainage patterns will be required. Clearing of vegetation may not exceed more than 30' past the footprint of the proposed structure for single family and 50' for all others, no more than 40' past the curb and gutter location for work in Right of Ways, and no more than the designed width of any drainage or utility easement that contains drainage conveyances (swales, underground piping, etc.) and building utilities. Requests to exceed these requirements may be made to the Building Department and will be reviewed on a case by case basis. 5. Cut and fill slopes shall be no greater than 3:1, except as approved by the City of Fairhope. Any site with slopes greater than 3:1 or adjacent to a critical area will be subject to additional requirements as determined by the City of Fairhope and/or a third -party consultant. B. Erosion Control 1. Stabilization Requirements — Any area of land from which the natural vegetative cover has been either partially or wholly cleared or removed by development activities shall be revegetated within ten (10) days from the substantial completion of such clearing and prior to the issuance of any building permits for construction. The following criteria shall apply to revegetation efforts: Reseeding must be done with an annual or perennial cover crop accompanied by placement of a mulch material or its equivalent of sufficient coverage to control erosion until such time as the cover crop is established over 90 percent (90%) of the seeded area. 2. Vegetative erosion control methods, such as seeding, must provide a coverage of at least ninety percent (90%) before permits for construction will be issued for any buildings. If during construction the vegetative cover is damaged or removed the City of Fairhope will require that the site be reseeded, sodded or stabilized with alternative cover. 9. If multiple buildings are under construction simultaneously, each individual building pad will be treated individually and will require its own erosion and sediment control measures in addition to the required overall site measures. E. Construction Site Access 3. In the case of development sites, any designated roads within the site shall either be paved or fully stabilized with an aggregate base the full width of the road. This base shall meet the requirements of Sections 801 and 825 of the ALDOT Standard Specifications for Highway Construction — 2002 edition. F. Completion of Construction Activities 1. All open channels and ditches shall be sodded upon final inspection, seed and mulch shall not be accepted. If sod is used on slopes, corners will need to be pinned per the Alabama Handbook. Open channels may receive rip rap or gabion stone stabilization materials if specified by a Professional Engineer. 2. Common areas, such as detention basins, shall be sodded upon final inspection. Seed and mulch shall not be accepted. The Balance of Section 7-158 remains as written and codified. Ordinance No. 1603 Page —3- Section 7-159 Inspections Amend the following: B. The owner or contractor shall also make daily and rain event inspections of all control measures throughout the construction process to ensure the overall effectiveness of the Erosion and Sediment Control Plan. The applicant must provide copies of any inspection reports to the City of Fairhope upon request. The Balance of Section 7-159 remains as written and codified. Section 7-164 Permit Fees Amend the following: The Permit Fee for a Land Disturbance Permit is as follows: Fees shall be assessed at a cost of $5.00 per $1,000.00 of the value of the work. The Balance of Section 7-164 remains as written and codified. Section. 2 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. Section. 3 This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 9TH DAY OF OCTOBER, 2017 Karin ilson, Mayor ATTEST: Asa A. nks, City Cler