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Fairhope staff outline permit fee changes and new erosion-control fines during code update discussion
Summary
City staff described proposed additions to the construction fee schedule — new plan re‑submittal fees, historic-preservation review and a $50 tree‑removal fee — and added administrative reinspect fines tied to erosion‑and‑sediment-control (ESC) enforcement for residential and commercial sites.
A city staff member identified in the meeting as Eric reviewed proposed changes to Fairhope’s construction fee schedule and related enforcement tools during the Sept. 8 work session.
Eric said the draft ordinance adds a new plan submittal fee to capture staff time for re‑reviews when a builder substantially changes a previously approved plan after a permit is issued. “The only thing that’s changing in this are the ones that are marked in red,” Eric said, referring to the draft fee schedule distributed to council.
Key fee changes described by staff include: - A residential plan re‑submittal fee of $100 for substantial redesigns after an initial permit approval. - A commercial plan re‑review fee of $250 for comparable commercial submittal changes. - An administrative historic‑preservation review fee of $100 for residential properties (applied in addition to the standard residential demolition fee of $25) and $150 total for commercial historic‑preservation/demolition reviews. - A $50 fee for tree‑removal permits, introduced because staff is performing field checks on many removals.
Eric also described new, explicit fee lines for marine work (bulkheads, boat lifts, pile driving, breakwaters and similar items) that had previously been lumped under “other.”
Enforcement: erosion‑and‑sediment control
The draft ordinance also adds administrative reinspection fees for land‑disturbance and erosion‑and‑sediment‑control (ESC) violations. Eric said the city’s current enforcement path—issuing municipal summonses and proceeding through court—can be slow. The proposed administrative fines would allow earlier, city‑level penalties and are structured as escalating reinspection fees when corrective work is not completed:
- Residential reinspection fees: $100 (second inspection), $200 (third), $300 (fourth). - Commercial reinspection fees: $300 (second), $400 (third), $500 (fourth).
Eric said administrative fines are intended as a deterrent, not an immediate punitive measure: “We’re not going to go out there and just start throwing fines out. But if it’s warranted, then we want the ability to do that through our own authority,” he said.
Officials and staff discussed practical questions about enforcement thresholds and remedies. Council members and staff noted the city can still issue stop‑work orders and pursue judicial remedies in serious cases; Eric said pulling a contractor’s license or rights to operate requires a high burden of proof and legal consultation.
Why it matters: the changes aim to recoup staff review time, create clearer pricing for marine work, and give the city faster, administrative options to address recurring ESC breaches — a recurring complaint in recent months, Eric said.
Next steps: the proposal is being drafted for council consideration and will be brought back for formal adoption. Staff said they will continue to calibrate fee amounts and enforcement language with legal counsel and the building department.
