HomeMy Public PortalAbout150_022_Tybee Buffer Ordinance draft2 (1) Tybee Buffer Ordinance, draft#1
[Please identify proper code section.]
Whereas coastal riparian buffers adjacent to tidal coastal marshes and wetlands:
A. Protect the public health,safety, environment,and general welfare of the citizens of
Tybee Island;
B. Minimize public and private land loss due to erosion,sedimentation,and water
pollution;
C. Maintain water quality for human use and for protecting the important nursery
areas for fisheries,which provide food and habitat to numerous species of fish and
shellfish,including commercially important species;
D. Protect terrestrial coastal habitat for nesting and feeding wildlife;
E. Reduce the impact of flooding by increasing floodwater storage areas;
F. Protect the natural and native vegetation in the zone;
G. Protect the coastal region's visual character and unique natural resources; and,
H. Limit land development within such buffers by establishing buffer zone
requirements and by requiring authorization for any land disturbing activities,
It is therefore the purpose and intent of this ordinance to establish a coastal riparian
buffer zone of restricted development and limited land use adjacent to coastal
streams, rivers marshes,and wetlands within the jurisdiction of the City of Tybee Comment[BSI]:I would leave this uptothe
state or make the entire ordiance cover streams and
Island. The standards and regulations set forth in this ordinance are created under rivers too.
the authority of the City of Tybee Island's Home Rule and zoning powers as defined in
Article IX,Section 2 of the Georgia Constitution.
(I) An undisturbed natural vegetative buffer of 25 feet, measured horizontally from
the landward edge of the coastal marshlands,as established by the Georgia
Department of Natural Resources in accordance with the Coastal Marshlands
Protection Act of 1970 and along all freshwater wetlands, as measured from the
inland edge of the wetland, as established by the Army Corps of Engineers shall be
maintained along all coastal marshlands;within the City of Tybee Island.The buffer (Comment[BS2]:Don't think you need this.
must remain undisturbed at all times, except as permitted in paragraph (II) of this
section.The requirement of a riparian buffer does not exempt the property owner
from compliance with any other State or local buffers of State waters.All land
disturbing activity is prohibited within the 25-foot buffer unless a variance is granted
in accordance with Section 5-090 of the City of Tybee Island Land Development Code.
(II) Pruning and selective clearing is permissible to maintain a viewshed provided
any altered vegetation is not trimmed below 5 feet above grade or is replaced with
equally effective native vegetation,such activities do not disturb more than 30% of
the buffer's length as measured along the landward edge of the marshlands, and no
trees above 6 inches in diameter are removed.
(III) The riparian buffer and setback standards established in this section shall not
apply to existing habitable structures within the buffer or setback that are damaged
by fire or natural disaster and are rebuilt within their existing footprints.The
minimum building setback from the marsh line shall not apply to the landward end of
any type of docking facility.
(IV) This ordinance is not intended to interfere with,abrogate or annul any other
ordinance,rule or regulation,statute or other provision of law.The requirements of
this ordinance should be considered minimum requirements.Where any provision of
this ordinance imposes restrictions or protective standards different from those
imposed by any other ordinance,rule,regulation,or other provision of law,the more
restrictive provision applies.