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Home My WebLink AboutO-1880ORDINANCE NO. 1880 AN ORDINANCE RESCINDING RESOLUTIONS NO. 4950-23 AND 4986-24, AND ESTABLISHING THE SERVICE TERRITORY FOR NEW CONNECTIONS TO THE CITY OF FAIRHOPE'S SANITARY SEWER WASTEWATER SYSTEM WHEREAS, in recent years the explosive growth of the City of Fairhope and surrounding community has put a heavy demand on the infrastructure and resources of the City to meet the sanitary sewer wastewater needs of residents and businesses; and WHEREAS , this demand on the City's resources has led to increased costs in the collection and treatment of wastewater and has made-it increasingly difficult for the City to meet the needs of Fairhope 's existing customers while continuing with the City's prior policy of serving sewer customers outside of Fairhope 's corporate limits; and WHEREAS , the growth and demand for sewer service outside of the corporate limits of the City must be managed and limited to ensure the feasibility and sustainability of Fairhope 's service to its customers , and the costs of long term operations , maintenance , and expansion of Fairhope 's sanitary sewer wastewater system is substantial ; and WHEREAS, the Governing Body of the City of Fairhope finds and declares its primary purpose to be the provision of adequate and safe sewer service to existing customers and new customers within a defined territory surrounding the City of Fairhope based upon the existing infrastructure and treatment capacity of Fairhope 's sanitary sewer wastewater system; and WHEREAS, the Governing Body of the City of Fairhope finds and declares this Ordinance to be necessary for the long-term sustainability of the Sewer System and to support the health, safety , and general welfare of the community. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section 1. Section 2. Fairhope Resolutions No. 4950-23 and 4986-24 are hereby rescinded. The Code of Ordinances , City of Fairhope, Alabama, Chapter 21, Article IV. Sewers is hereby amended to reflect the fo ll owing changes and additions: ARTICLE IV. SEWERS The City of Fairhope hereby defines its sanitary sewer wastewater territory (herein "Sewer Territory") as set forth in the map attached as Exhibit "A" to this Ordinance which is incorporated herein . The map showing the Sewer Territory will also be published and maintained on the City 's website . Notwithstanding other requirements set forth and codified in the Fairhope Code of Ordinances and except as set forth herein , no new availability letters will be issued for land outside of the Sewer Territory and no new connections to Fairhope 's Sewer System will be permitted outside of the Sewer Territory. In addition to other requirements set forth and codified in the Fairhope Code of Ordinances, property located outside of the City of Fairhope Corporate Limits , but contiguous to the Corporate Limits , must be annexed into the City of Fairhope to be eligible to connect to Fairhope 's Sewer System. Additionally, for property located within the Sewer Territory but outside of and not contiguous with the City of Fairhope Corporate Limits, no new availability letters will be issued or new connections to Fairhope's Sewer System will be permitted unless the property can be served by connection to existing abutting service lines or by an extension of existing service lines in a manner and cost acceptab le to the City where capacity is deemed sufficient by the City , and: Ordinance No . 1880 Page -2- (1) The sewer service requested is for service to a single family or duplex residence located on a legally created lot of record existing on the effective date of th is Ordinance ; or (2) The sewer service requested is for service to a single family or duplex residence located in a proposed subdivision with a density of no more than two (2) Dwelling Units , as that term is used in the Zoning Ordinance (Ordinance No. 1253), per acre; or (3) The sewer service requested is for service to a multifamily, hotel , or other lodging structure with a residential unit or hotel room density of no more than two (2) Dwelling Units , as that term is used in the Zoning Ordinance (Ordinance No. 1253) per acre , or hotel rooms per acre ; or ( 4) The sewer service requested is for service to a commercial , industrial, or institutional subdivision or structure that is not a residential, multifamily , hotel, or lodging structure , subject to capacity limitations , and any such service requiring a metered water connection greater than 2" must be approved by the Water/Wastewater Superintendent. The City will continue to serve existing sewer customers regardless of the Sewer Territory , but will not allow any new connections or availability letters to be issued for property outside of the Sewer Territory. New sewer connections within the Sewer Territory may be subject to System Development Charges, connection or tap fees , and other requirements as set forth in the Fairhope Code of Ordinances and policies and procedures ofFairhope Public Utilities. The City will honor existing commitments to provide sewer service to property located outside the Sewer Territory if an active building permit was issued , or if preliminary or final plat approval with prior written acknowledgment of the City 's ability to provide sewer service to the property was secured. Section 3. Section 4 . Attest: 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-emption shall not affect the validity of the remaining portions of this ordinance or its app Ii cation to other persons or circumstances . This Ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS THE 27TH DAY OF JULY , 2026 /4,~ City Clerk ADOPTED THIS T -Road -Proposed Sewer Territory Corporate Limits D Parcel ~ Area Added 7/1/26 ____ .. _.......,_11,t __ ...... ...,..,_ri,,_ .. °" ___ .... ____ ~_..__ .... ~ ...... ____ ,,, .. __ Oood---~;;:--........ -. ____ .,,. ____ _ Miles RESOLUTION NO. 4950-23 WHEREAS, in recent years the explosive growth of the City of Fairhope has put hea vy demands on the re so urces of the City to meet the sewer needs of Fairhope residents and businesses; and WHEREAS, these demands on the City's resources, pa1iicularly the demand for sewer, have made it increasingly difficult for the City to meet the needs of Fairhope 's cus tomers while continuing with the City's policy of serving sewer customers outside Fairhope's corporate limits ; and WHEREAS , while th e City is presently engaged or will be engaged in research and professional studies designed to determine adequate capacity for sewer services and potential expansion of sewer infrastructure , the success of the effo1i is far from ce11ain and, in any event, the costs of sec uring additional infrastru ct ure for sewer services will be substantial; and WHEREAS , the Governing Body of the City of Fairhope finds and declare s its primary purpose to be the provision of sewer service to c ustomers located within th e corporate limits of the City of Fairhope . NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE., ALABAMA , That until futiher notice and until feasibility studies are completed. the City Utility Depa1tment will not is sue availability ce1tificates for sewer service to new applicants outside the co rporate limits of the City of Fairhope . Additionally. as alternate sewer services including but not limited to septic tanks, aerobic lagoon s, hydrograph lagoons , trench filters, alternate commercial services , etc ., are not subject to inspection or pennitting and do not meet the stringent standards th e City of Fairhope , an ap pli can t using any of these alternate sewer types or service ill n9 t be elig ibl e for annexa tion into the corporate limits of the City of Fairhope. ADOPTED THIS 11 TH D Corey Martin, Council President Attest : L~ City Clerk RESOLUTION NO. 4986-24 WHEREAS, on December 11 , 2023, the City Council adopted Resolution No. 4950-23 that suspended the issuance of availability certificates for sewer service to ne,v applicants outside the corporate limits of the City of Fairhope; and WHEREAS , there is a need to revise the resolution to add the following: the City Utility Department may issue availability certificates and it may provide sewer service to a subdivision with four or fewer lot s or a single-family home outside the corporate limits . NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , That the City Council hereby amends Resolution No . 4950-23 to add the following: the City Utility Department may issue availability certificates and it may provide sewer service to a subdivision with 4 or fewer lots , a single-family home outside the corporate limit s , or smgle-famil y lo t in a subdivision that already has availability certificates. ADOPTED THIS 19TH DAY Corey Martin, Counci l President Attest: ~/ City Clerk