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File #: 22-0280    Version: 1 Name: (First Reading) Land Development Ordinance
Type: Ordinance Status: Adopted
File created: 5/5/2022 In control: Community Development Deptartment
On agenda: 6/6/2022 Final action: 6/6/2022
Title: (Second Reading) An Ordinance for Land Development and to Rescind Ordinances 371-86, No. 993-07, No. 1024-08, No. 15-1003, No. 17-2039 and 19-2023
Attachments: 1. 371-86 ORD, 2. 0993-07 ORD, 3. 1024-08 ORD, 4. 15-1003 ORD, 5. 17-2039 ORD, 6. 19-2023 ORD, 7. Proposed Land Development Ordinance
Related files: 22-0622, 22-0298

Title

(Second Reading) An Ordinance for Land Development and to Rescind Ordinances 371-86, No. 993-07, No. 1024-08, No. 15-1003, No. 17-2039 and 19-2023

 

Summary

DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)

The Environmental and Engineering Departments would like to request consideration of a new Land Development Ordinance. The Land Development Ordinance will combine the Land Disturbance Permit Ordinance, Construction Manual, Environmental Ordinance and Traffic Study Ordinance into one development ordinance. There are many improvements that have been included for better development and environmental standards. This Ordinance is too large to include in Legistar for printing. The Ordinance is attached in its entirety.

 

 

SOURCE OF FUNDING:

Please provide the amount requested: _____NA_______

Is this a budgeted item? Yes /No     

Please provide the budgeted amount: $_____________   Account No. ___________________________

If budgeted, is this a capital purchase, capital project, or special fund?      _________________________ 

Was this item included in the Fiscal Year Capital Projects Plan?   Yes/No

If yes, please provide the amount included in Capital Projects Plan: $___________

 

 

Body

WHEREAS, the Environmental and Engineering Departments would like to request consideration of a new Land Development Ordinance, and

WHEREAS, the Land Development Ordinance will combine the Land Disturbance Permit Ordinance, Construction Manual, Environmental Ordinance and Traffic Study Ordinance into one development ordinance, and

WHEREAS, there  are many improvements that have been included for better development and environmental standards, and

WHEREAS, the City deems it necessary to set standards for the design, development, permitting and construction relating to residential, commercial or industrial development within the jurisdiction, and

WHEREAS, the City of Foley, Alabama adopted Ordinance No. 371-86 on the 7th day of July, 1986, providing for land disturbing activities, and

WHEREAS, the City of Foley, Alabama adopted Ordinance No. 993-07 on the 20th day of August, 2007, providing for erosion and sediment control, and

WHEREAS, the City of Foley, Alabama adopted Ordinance No. 1024-08 on the 21st day of January, 2008, providing for shoreline construction activities, and

WHEREAS, the City of Foley, Alabama adopted Ordinance No. 15-1003 on the 16th day of March, 2015, providing for the environmental permits related to land disturbance, and

WHEREAS, the City of Foley, Alabama adopted Ordinance No. 17-2039 on the 5th day of September, 2017, providing for the construction manual for design standards for development, and

WHEREAS, City of Foley, Alabama adopted Ordinance No. 19-2023 on the 16th day of September, 2019, providing for an amendment of Section 4-136 (f) of the Manual For Design and Construction Standards, and

WHEREAS, it is in the best interest of the citizens of the City of Foley and the continued development of the area to implement a combined Land Development Ordinance that manages development and construction practices to protect the health, safety, welfare and environmental resources, and

WHEREAS, this Ordinance is attached hereto in its entirety.

 

 

BE IT ORDAINED that the Foley City Council as follows:

 

Section 1.                     Rescinds Ordinances No. 371-86, No. 993-07, No. 1024-08, No. 15-1003, No. 17-2039 and 19-2023.

Section 2.                     Adopts the Land Development Ordinance with attachments that is to become a permanent part of the Ordinance.

Section 3.                     "The terms and provisions of this ordinance are severable.  If any part or portion of this ordinance is declared invalid, void, or unconstitutional, that portion shall be deemed severed, and the remaining portions of the ordinance shall remain in full force and effect."

Section 4.                     This ordinance shall become effective upon its publication as required by law.