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Home My Public Portal About120_030_ PH Ord 27-2013, Sec 3-100 Beach-Dune-Vegetation-Crossover MAYOR , E CITY MANAGER Jason Buelterman iF - , Diane Schleicher CITY COUNCIL f' CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tem i4 * 4R Janet LeViner Barry Brown 1 Jan Fox CITY ATTORNEY Bill Garbett 'r Edward M. Hughes Torn Groover rf' ocrow-, #,+ Paul Wolff CITY OF TYBEE ISLANI) City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline,the item will be listed on the next scheduled agenda. Council Meeting Date for Request: August 8, 2013 Item: Public Hearing Explanation: Text Amendment—Ordinance 27-2013., Section 3-100; Beach, Dune, or Vegetation Disturbance/ Crossover Maintenance and Construction; consideration of adoption of Special Review requirement Budget Line Item Number(if applicable): N/A Paper Work: ■ Attached * Audio/Video Presentation ** * Electronic submissions are requested but not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Dianne Otto Phone/Email: (912) 472-5031 /dotto@cityoftybee.org Comments: none Date given to Clerk of Council: July 31, 2013 * * P.O. Box 2749—403 Butler Avenue, Tybee Island,Georgia 31328-2749 *Certified* (866) 786-4573—FAX(866) 786-5832 City of Ethics f www.cityoftybee.org � (KM., r�t'j�-�.�y, > ti�'-11iK 1lTl:S/� PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: July 16, 2013 Project Name/Description: Section 3-100, Beach, Dune, or Vegetation Disturbance/Crossover Maintenance and Construction Action Requested: Text Amendment Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Zoning Variance Preliminary Plan Approval Amendment to Zoning Map Final Plat Approval Text Amendment to Land Development Code X Minor Subdivision Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: VOTE FOR AGAINST COMMENTS Bishop X Second Borkowski X Bramble X Callahan X Marion Absent McNaughton X Motion to approve Parks Chair The Planning Commission recommends: ® Approval ❑ Denial ❑ Continued Planning Commission Chair: Date: Planning & Zoning Manager: _ Date: 7 -1 g-13 Sec. 3-100. Beach, dune, or vegetation disturbance/crossover maintenance and construction. It shall be unlawful for any person in any manner to damage, destroy, remove or alter in any way the beach, dunes or vegetation thereon in the area within the jurisdiction of the Department of Natural Resources under the Shore Protection Act(O.C.G.A. 12-5-230, et seq.)without having first obtained the proper federal, state and local permits. Special review shall be required for any alteration, construction or disturbance of beach, dunes or vegetation thereon including the alteration or construction of dune crossovers; provided, however city projects, approved special events or the maintenance of existing dune crossovers, including the replacement of supports, decking boards, pilings and or handrails, for placement in the same location as then currently exist, shall not require special review. Within any area within the jurisdiction of the Department of Natural Resources under the Shore Protection Act(O.C.G.A. 12-5-230, et seq.),there shall be a ten (10)foot setback measured from the landward toe of the landward-most dune as delineated by the Georgia Department of Natural Resources. (Ord. Correction to dates, amended 4-14-2005; Ord. of 4-23-2009; Ord. No. 23-2011, 4-14-2011; Ord. No. 23-2011(A), 8-11-2011) ORDINANCE NO. 27-2013 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO SEC. 3-100 FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under its police, zoning, and home rule powers, and WHEREAS, the City of Tybee Island previously amended Section 3-100 pertaining to beach, dune and vegetation disturbance but, due to procedural error, it must be readopted, and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that Section 3-100 of the Land Development Code of the City of Tybee shall be amended so as to hereafter provide as follows: Sec. 3-100. Beach, dune or vegetation disturbance/crossover maintenance and construction It shall be unlawful for any person in any manner to damage, destroy, remove or alter in any way the beach, dunes or vegetation thereon in the area within the jurisdiction of the Department of Natural Resources under the Shore Protection Act(O.C.G.A. 12-5- 230, et seq. without having first obtained the proper federal, state and local permits. Special review shall be required for any alteration, construction or disturbance of beach, dunes or vegetation thereon including the alteration or construction of dune crossovers; provided, however city projects, approved special events or the maintenance of existing dune crossovers, including the replacement of supports, decking boards, pilings and or handrails, for placement in the same location as then currently exist, shall not require special review. Within any area within the jurisdiction of the Department of Natural Resources under the Shore Protection Act (O.C.G.A. 12-5-230, et seq), there shall be a ten (10) foot setback measured from the landward toe of the landward-most dune as delineated by the Georgia Department of Natural Resources. It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such intention. This Ordinance shall become effective on day of , 2013. ADOPTED THIS DAY OF , 2013. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: EMH/TYBEE/ORDINANCES/2013/27-2011 Sec.3-100 07.29.13