Loading...
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