HomeMy Public PortalAbout120_030_33-2013 Permits Required for Construction MAYOR mo CITY MANAGER Is!Jason Buelterman s Diane Schleicher
CITY COUNCIL CLERK OF COUNCIL
Wanda Doyle, Mayor Pro Tern 4.4 Janet LeViner
Barry Brown
Jan Fox h `` CITY ATTORNEY
Bill Garbett . Edward M. Hughes
Tom Groover 11 octoON5.
Paul Wolff
CITY OF TYBEE ISLAND
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: September 12, 2013
Item: Public Hearing
Explanation: Text Amendment–Ordinance 33-2013 –First Reading
Section 5-010, Permits Required for Construction
Budget Line Item Number(if applicable): N/A
Paper Work: Al 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:
Date given to Clerk of Council: September 5, 2013
* * *
P.O. Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified
(866) 786-4573—FAX(866) 786-5737 City of k
5 Ethics 1
www.cityoftybee.org �vi��BLL�F
PLANNING COMMISSION
NOTICE OF DETERMINATION
Meeting date: August 20, 2013
Project Name/Description: Section 5-010, Permits Required for 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
Borkowski X Motion to approve with two changes
Bramble X Second
Callahan X
Marion X
McNaughton X
Parks Chair
The Planning Commission recommends: ® Approval ❑ Denial n Continued
Planning Commission Chair: Date:
Planning &Zoning Manager: �� ► • 16*" Date: 3-21 -A 3
ORDINANCE NO. 33-2013
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
FOR THE CITY OF TYBEE ISLAND, GEORGIA
RELATING TO SECTION 5-010,PERMITS REQUIRED FOR CONSTRUCTION
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 desires to amend Sec. 5-010, Permits required for construction, so as to
clarify its terms;
NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Sec. 5-
010 is amended as reflected below as follows:
SECTION 1
That Section 5-010 will be codified and which will read as follows:
Sec.5-010. Permits required for construction.
The following is a list of permits needed for construction of a building or structure or the movement of a building or
structure that may be needed for any type of land development in the city.
Homeowner Affidavit. Prior to issuing any permit, the City of Tybee Island may require a notarized Homeowner
Affidavit to document compliance with O.C.G.A. § 43-41-17.
(A)Building permit. A building permit is required prior to commencement of any work on any structure. All building
permits seeking to expand the exterior of any existing structure or seeking to construct any new structure must be
accompanied by a valid survey depicting, among other things, the present location of all property lines and structures
then on the property. See also Section 9-030(A). The following applications for permits require a survey
(1) Relocation Permit
(2) Sign Permit
(3) Accessory Structure Permit
(4) Swimming Pool Permit
(5) Deck,Patio or Porch Permit
(6) Structure Addition Permit
(7) Fence Permit
(8) Well Permit
(9) New Construction Permit
(B)Relocation permit. A relocation permit is required any time a manufactured home, trailer, out building, house,
structure, or component is moved to or from any lot or parcel within the City of Tybee Island. Electrical, mechanical
and plumbing permits are not included within this permit. See Section 14-060.
(C)Sign permit. Prior to the erection of a sign for either on-premises or off-premises advertising, the designated city
official must first issue a permit in accordance with the Sign Regulations set forth in Article 6. Permits are required
for both temporary signs as well as permanent signs.
(D)Demolition permit. Prior to destruction of a building, structure, or sign, a demolition permit is needed. Such
permit may be attained from the designated city official. Demolition permits may require review by designated city
representatives. If the building, structure, or sign proposed for demolition is a contributing historic resource, the city
has 45 days to arrive at a viable alternative to demolition. See Section 14-060.
(E)Electrical permit. An electrical permit is needed whenever an owner or an electrician installs or replaces any
electrical wiring or fixtures with wiring involved. This permit may not be needed if a renovation building permit has
already been issued on the structure.
(F)Plumbing permit. A plumbing permit is needed whenever an owner or a plumber installs a new plumbing system
or fixtures or replaces existing plumbing or fixtures. This permit may not be needed if a renovation building permit
has already been issued on the structure.
(G)Mechanical permit. A mechanical permit is needed before an owner or a licensed installer may install or replace
any mechanical device such as a heating and/or cooling system for air or water. This permit may not be needed if a
renovation building permit has already been issued on the structure.
(H)Land clearing, disturbance or excavation permit. Regardless of the use of the land, a permit is required prior to
grubbing or the clearing of trees, topsoil, or water on any parcel of land in the city. A drainage plan with supporting
calculations is required prior to the issuance of any permit for all new construction. The plan and calculations shall be
prepared by a professional engineer licensed by the State of Georgia to provide such services. Furthermore,there shall
be no excavation or addition of soil,trees, or water until all proper permits are obtained.
(I) Tree removal. A tree removal permit is required if a person intends to remove a tree or any number of trees. This
permit is required regardless of any other permits obtained. See Article 7.
(J) Reserved.
(K)Prohibit placing materials in the marshlands.Notwithstanding any other provision of any ordinance or regulation
to the contrary, no permit for building, land clearing, land filling, grubbing, or for the addition of materials to any area
of "marsh," "marshlands," "coastal marshlands," "vegetated marshlands," or isolated freshwater wetlands as such
terms are now or hereafter defined by the Coastal Marshlands Protection Act of 1970 (O.C.G.A. § 12-5-280 et seq.)or
to any area of isolated freshwater wetlands shall be issued in the absence of a variance granted by the mayor and
council subject to the strict application hereof pursuant to Section 5-090. In addition to those provisions ofArtcle 8,
Flood Damage Prevention, which may be applicable, it shall be unlawful for any person or entity to place in marsh,
marshland, coastal marshlands, or within the 25-foot buffer as delineated by the Georgia Department of Natural
Resources as so defined any material whatsoever, in the absence of a permit issued pursuant to a variance properly
granted.
(L) Construction of docks, walkways, etc.; liability insurance. This subsection is intended to supplement and
expressly not repeal existing provisions of the city's Code of Ordinances relating to permits required for construction,
relating to building permits, regarding wetlands protection, and regarding beach dune or vegetation disturbance.
All those individuals engaged in the construction or repairs of docks, walkways, marinas or marine facilities, or any
other structure on or over coastal marshlands as defined in O.C.G.A. § 12-5-282(3) shall,prior to the commencement
of any such construction, preparation or work provide to the city evidence of liability insurance and/or bonds and/or
letters of credit specifically covering environmental and other damages. In addition, such applicant shall also provide
for coverage in the nature of a performance bond, where bonds and letters of credit are acceptable, as good faith of
work completion to all applicable standards and regulations and shall further include the cost of removal of any
equipment, debris or materials of any nature not removed by the dock-builder. When a bond or letter of credit is used
for the purposes described herein such bond or letter of credit shall be issued to the benefit of either the city or the
owner of the property depending upon the circumstances and the designated city official shall be authorized to
determine to whom the bond or letter of credit should be payable.
The amount of insurance, bond, or letter of credit shall be based on the nature, scope and cost of the anticipated work
and shall take into consideration the potential consequences of spills, removal of equipment, debris or materials and
other risk and shall be in such amount as is set by the designated city official.
Including but not limited to fuel spills, fires, submersions of equipment and building supplies, etc., all dock-builders
shall be required to report immediately any accidents, casualties or events which occur in connection with activities
provided for in this subsection and which are likely to cause damage or which may cause damage to property,
persons,the environment or coastal marshlands
Any violation of this subsection shall subject the offender to punishment under Section 5-160.
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 illegal or invalid by the
valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance.
SECTION 3
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 4
It is the intention of the governing body, and it is hereby ordained, that the provisions of this
ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island,
Georgia, and the sections of this ordinance may be renumbered to accomplish such intention.
SECTION 5
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the
ordinances of the City.
ADOPTED THIS_DAY OF , 2013.
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
Tybee/Ordinances/2013/33-2013—Sec 5-010 permits required for construction fr DO 08.27.13
Sec. 5-010. Permits required for construction.
The following is a list of permits needed for construction of a building or structure or the movement of a building or
structure that may be needed for any type of land development in the city.
Homeowner Affidavit. Prior to issuing any permit the City of Tybee Island may require a notarized Homeowner
Affidavit to document compliance with O.C.G.A. § 43-41-17.
(A)Building permit. A building permit is required prior to commencement of any work on any structure. All building
permits seeking to expand the exterior of any existing structure or seeking to construct any new structure must be
accompanied by a valid survey depicting, among other things, the present location of all property lines and structures
then on the property. See also Section 9-030(A).The following applications for permits require a survey:
(1) Relocation Permit
(2) Sign Permit
(3) Accessory Structure Permit
(4) Swimming Pool Permit
(5) Deck, Patio or Porch Permit
(6) Structure Addition Permit
(7) Fence Permit
(8) Well Permit
(9) New Construction Permit
(B)Relocation permit. A relocation permit is required any time a manufactured home, trailer, out building, house, or
structure is moved from any location to any lot or parcel within the city limits. Buildings used for the purpose of
storage only with no need for eleetrieity or plumbing are exempt from this requirement. A relocation permit is
required any time a manufactured home, trailer, out building, house, structure, or component is moved to or from any
lot or parcel within the City of Tybee Island. Electrical,mechanical and plumbing permits are not included within this
permit. See Section 14-060.
(C)Sign permit. Prior to the erection of a sign for either on-premises or off-premises advertising, the
administrator designated city official must first issue a permit in accordance with the sSign(Regulations set forth in
aArticle 6. Permits are required for both temporary signs as well as permanent signs.
(D)Demolition permit. Prior to destruction of a building, structure, or sign, a demolition permit is needed. Such
permit may be attained from the city code enforcement department designated city official.Demolition permits may
require review by designated city representatives. If the building, structure, or sign proposed for demolition is a
contributing historic resource,the city has 45 days to arrive at a viable alternative to demolition. See Section 14-060.
(E)Electrical permit. An electrical permit is needed whenever an owner or an electrician before installsirzg or replaces
any electrical wiring or fixtures with wiring involved. This permit is may not be needed if a relocation yr renovation
building permit has already been issued on the structure.
(F)Plumbing permit. A plumbing permit is needed whenever an owner or a plumber installs a new plumbing system
or fixtures in an existing structure or replaces existing plumbing or fixtures. This permit is may not be needed if a
relocation or renovation building permit has already been issued on the structure.
(G)Mechanical permit. A mechanical permit is needed before an owner or a licensed installer may install or replace
any mechanical device such as a heating and/or cooling system for air or water. This permit is may not be needed if a
releeation-or renovation building permit has already been issued on the structure.
(H)Land clearing, disturbance or excavation permit. Regardless of the use of the land, a permit is required prior to
grubbing or the clearing of trees, topsoil, or water on any parcel of land in the city. A drainage plan with supporting
calculations is required prior to the issuance of any permit for all new construction. The plan and calculations shall be
prepared by a professional engineer licensed by the sState of Georgia to provide such services. Furthermore, there
shall be no excavation or addition of soil, trees, or water until all proper permits are obtained. This permit is not
(I) Tree removal. A tree removal permit is required if a person intends to remove either a tree or any
number of trees •. • - •. . . - . - -. :. This permit is required regardless of any other
permits obtained. See Article 7.
(J) Reserved.
(K)Prohibit placing materials in the marshlands.Notwithstanding any other provision of any ordinance or regulation
to the contrary,no permit for building, land clearing, land filling, grubbing, or for the addition of materials to any area
of "marsh," "marshlands," "coastal marshlands," "vegetated marshlands," or isolated freshwater wetlands as such
terms are now or hereafter defined by the Coastal Marshlands Protection Act of 1970 (O.C.G.A. § 12-5-280 et seq.)or
to any area of isolated freshwater wetlands shall be issued in the absence of a variance granted by the mayor and
council subject to the strict application hereof pursuant to sSection 5-090. In addition to those provisions of article V,
chapter 22 of the City Code Article 8, Flood Damage Prevention, which may be applicable, it shall be unlawful for
any person or entity to place in marsh, marshland, coastal marshlands, or within the 25-foot buffer as delineated by
the Georgia Department of Natural Resources as so defined any material whatsoever,in the absence of a permit issued
pursuant to a variance properly granted.
(L) Construction of docks, walkways, etc.; liability insurance. This subsection is intended to supplement and
expressly not repeal existing provisions of Tybee'a the city's Code of Ordinances relating to permits required for
construction, relating to building permits, regarding wetlands protection, and regarding beach dune or vegetation
disturbance.
All those individuals engaged in the construction or repairs of docks, walkways, marinas or marine facilities, or any
other structure on or over coastal marshlands as defined in O.C.G.A. § 12-5-282(3) shall,prior to the commencement
of any such construction, preparation or work provide to the city of Tybee b land evidence of liability insurance
and/or bonds and/or letters of credit specifically covering environmental and other damages. In addition, such
applicant shall also provide for coverage : -:. -. .. . . :. . -- -- . _ : in the nature of a performance bond,
where bonds and letters of credit are acceptable, as good faith of work completion to all applicable standards and
regulations requiring the completion of the work • .-- . . _. ... _ • - -- -•
.. : : -
schedule filed with the city and shall further include the cost of removal of any equipment, debris or materials of any
nature not removed by the dock-builder. When a bond or letter of credit is used for the purposes described herein such
bond or letter of credit shall be issued to the benefit of either the city of Tybee Island or the owner of the property
depending upon the circumstances and the 1F, iIElihg designated city official of the city shall be authorized to determine
to whom the bond or letter of credit should be payable.
The amount of insurance, bond, or letter of credit shall be based on the nature, scope and cost of the anticipated work
and shall take into consideration the potential consequences of spills, removal of equipment, debris or materials and
other risk and shall be in such amount as is set by the building designated city official .
Including but not limited to fuel spills, fires, submersions of equipment and building supplies, etc., all dock-builders
shall be required to report immediately any accidents, casualties or events which occur in connection with activities
provided for in this subsection and which are likely to cause damage or which may cause damage to property,
persons, the environment or coastal marshlands : -: •- - - .-- -- -- ;-- - - -:
Any violation of this subsection shall subject the offender to punishment under sSection 5-160.
8.12.13
ARTICLE 5. PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT CURRENT
Sec. 5-010. Permits required for construction. ORDINANCE
The following is a list of permits needed for construction of a building or structure or the movement of a building
or structure that may be needed for any type of land development in the city.
(A) Building permit. All building permits seeking to expand the exterior of any existing structure or seeking to
construct any new structure must be accompanied by a valid survey depicting, among other things, the
present location of all property lines and structures then on the property.
(B) Relocation permit. A relocation permit is required any time a manufactured home, trailer, out building, house
or structure is moved from any location to any lot or parcel within the city limits. Buildings used for the
purpose of storage only with no need for electricity or plumbing are exempt from this requirement. Electrical,
mechanical and plumbing permits are included within this permit.
(C) Sign permit. Prior to the erection of a sign for either on-premises or off-premises advertising, the zoning
administrator must first issue a permit in accordance with the sign regulations set forth in article 6. Permits
are required for both temporary signs as well as permanent signs.
(D) Demolition permit. Prior to destruction of a building, structure, or sign, a demolition permit is needed. Such
permit may be attained from the city code enforcement department.
(E) Electrical permit. An electrical permit is needed before installing any electrical wiring or fixtures. This permit
is not needed if a relocation permit or building permit has already been issued on the structure.
(F) Plumbing permit. A plumbing permit is needed whenever a plumber installs a new plumbing system in an
existing structure. This permit is not needed if a relocation permit or building permit has already been issued
on the structure.
(G) Mechanical permit. A mechanical permit is needed before a licensed installer may install any mechanical
device such as a heating and/or cooling system for air or water. This permit is not needed if a relocation
permit or building permit has already been issued on the structure.
(H) Land clearing, disturbance or excavation permit. Regardless of the use of the land, a permit is required prior
to the clearing of trees, topsoil, or water on any parcel of land in the city. A drainage plan with supporting
calculations is required prior to the issuance of any permit for all new construction. The plan and
calculations shall be prepared by a professional engineer licensed by the state to provide such services.
Furthermore, there shall be no excavation or addition of soil, trees, or water until all proper permits are
obtained. This permit is not needed if a relocation permit or building permit has already been issued on the
structure.
(I) Tree removal. A tree removal permit is required if a person intends to remove either a significant tree or any
number of trees that will result in a tree density of less than required. This permit is required regardless of
any other permits obtained.
(J) Reserved.
(K) Prohibit placing materials in the marshlands. Notwithstanding any other provision of any ordinance or
regulation to the contrary, no permit for building, land clearing, land filling or for the addition of materials to
any area of "marsh," "marshlands," "coastal marshlands," "vegetated marshlands," or isolated freshwater
wetlands as such terms are now or hereafter defined by the Coastal Marshlands Protection Act of 1970
(O.C.G.A. § 12-5-280 et seq.) or to any area of isolated freshwater wetlands shall be issued in the absence
of a variance granted by the mayor and council subject to the strict application hereof pursuant to section 5-
090. In addition to those provisions of article V, chapter 22 of the City Code which may be applicable, it shall
be unlawful for any person or entity to place in marsh, marshland, or coastal marshlands as so defined any
material whatsoever, in the absence of a permit issued pursuant to a variance properly granted.
(L) Construction of docks, walkways, etc.; liability insurance. This subsection is intended to supplement and
expressly not repeal existing provisions of Tybee's Code of Ordinances relating to permits required for
construction, relating to building permits, regarding wetlands protection, regarding beach dune or vegetation
disturbance.
All those individuals engaged in the construction or repairs of docks, walkways, marinas or marine facilities,
or any other structure on or over coastal marshlands as defined in O.C.G.A. § 12-5-282(3) shall, prior to the
commencement of any such construction, preparation or work provide to the City of Tybee Island evidence
of liability insurance and/or bonds and/or letters of credit specifically covering environmental and other
damages. Such applicant shall also provide for coverage and/or bonds and/or letters of credit in the nature
of a performance bond requiring the completion of the work if it is not performed in accordance with the
anticipated completion schedule filed with the city and shall further include the cost of removal of any
equipment, debris or materials of any nature not removed by the dockbuilder. When a bond or letter of credit
is used for the purposes described herein such bond or letter of credit shall be issued to the benefit of either
the City of Tybee Island or the owner of the property depending upon the circumstances and the building
official of the city shall be authorized to determine to whom the bond or letter of credit should be payable.
The amount of insurance, bond, or letter of credit shall be based on the nature, scope and cost of the
anticipated work and shall take into consideration the potential consequences of spills, removal of
equipment, debris or materials and other risk and shall be in such amount as is set by the building official of
the city or his designee.
Including but not limited to fuel spills, fires, submersions of equipment and building supplies, etc., all
dockbuilders shall be required to report any accidents, casualties or events which occur in connection with
activities provided for in this subsection and which are likely to cause damage or which may cause damage
to property, persons, the environment or coastal marshlands and in no event shall the responsible party wait
more than two hours after the occurrence of such event, casualty or occurrence.
Any violation of this subsection shall subject the offender to punishment under section 5-160.
(Ord. No. 2001-13, 7-12-2001; Ord. No. 2001-02, 1-11-2001; Ord. No. 2005-02, amended 4-11-2005; Ord. No.
2005-07, amended 3-3-2005; Ord. No. 2005-03, amended 3-3-2005; Ord. No. 2005-02, amended 2-4-2005; Ord.
No. 2004-16, amended 1-12-2005; Ord. No. 2004-16, amended 1-12-2005; Ord. No. 2004-16, amended 1-12-
2005; Ord. No. 2001-13, amended 12-12-2001; Ord. No. 2001-02 Shore Protection, amended 4-19-2001; Ord.
No. 1999-16, amended 6-4-1999; Ord. of 3-23-2006; Ord. of 1-11-2007(2); Ord. of 10-9-2008(3))
4% '
Homeowner Affidavit
Date:
Name:
Telephone Number:
Address of Project:
To Whom It May Concern:
I hereby certify that I am the owner of the above referenced dwelling and am requesting the right to perform the work
detailed on the attached application. This is a single-family dwelling and this is (or will be, when the construction is
complete) my primary, full-time, place of residence.
I understand it is a violation of State law for me to hire anyone to assist me in this task. I understand that any
violations of this agreement will be just cause for the permit to be voided and legal action may be taken against me which
could result in loss of electrical service (Georgia Code Title 43 Chapter 41 [O.C.G.A. §43-41-17 2007]).
Signature of Owner:
(do not sign until in the presence of a Notary Public)
SUBSCRIBED TO AND SWORN BEFORE ME THIS DAY OF , 20
NOTARY PUBLIC
My Commission Expires
P.O. Box 2749—403 Butler Avenue, Tybee Island, Georgia 31328-2749
(912) 786-4573 —FAX (912) 786-9539
www.cityoftybee.org