HomeMy Public PortalAbout120_070_First Reading Ord 39-2014; Sec 3-090.1 - buffer ordinance MAYOR _ r is CITY MANAGER
Jason Buelterman 0+, 44:6 Diane Schleicher
CITY COUNCIL t CITY CLERK
I Wanda Doyle,Mayor Pro Tern Janet LeViner
Barry Brown . J�
Rob Callahan f CITY ATTORNEY
Bill Garbett f !!! Edward M.Hughes
Monty Parks
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: July 10, 2014
Item: Public Hearing
Explanation: Text Amendment—Ord. 39-2014; Sec. 3-090.1, Buffer Ordinance; City of Tybee Island,
petitioner; consideration of buffer regulations
Budget Line Item Number (if applicable): N/A
Paper Work: Ai 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: June 25, 2014
* * *
P.O.Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified
(866) 786-4573—FAX (866) 786-5737 I. City of ,
Ethics
www.cityoftybee.org "laa1, 444'
' r
PLANNING COMMISSION
NOTICE OF DETERMINATION
Meeting date: June 17, 2014
Project Name/Description: Section 3-00.1 , Buffer Ordinance a rcl• 39 -2Di+
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
Bossick Absent _
Bramble X
Livingston X
Major X Motion to approve e with changes
Marion Chair
McNaughton X
The Planning Commission recommends: ■ Approval ❑ Denial ❑ Continued
Planning Commission Ch.' : Date: ` ['
Planning & Zoning Manager: C.Lcuv,`,!) ' � Date: t"]k,
ORDINANCE NO. 39-2014
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
OF THE CITY OF TYBEE ISLAND, GEORGIA
AND IN PARTICULAR THE LAND DEVELOPMENT CODE
SO AS TO CREATE A SETBACK AND/OR BUFFER
FROM STREAMS, LAKES, COASTAL MARSHLANDS
AND FRESHWATER WETLANDS AND SPECIFYING PERMISSIBLE
DEVELOPMENT ACTIVITIES WITHIN THE BUFFERS AND
PROHIBITING CERTAIN ACTIVITIES IN SUCH BUFFER OR SETBACK ZONES,
TO ESTABLISH AN EFFECTIVE DATE AND FOR OTHER PURPOSES
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 the planning and zoning; and
WHEREAS, this ordinance establishes buffer zones for streams, lakes, coastal
marshlands, and freshwater wetlands, as well as the requirements that minimize land
development within those buffers. It is the purpose of these buffer zone requirements to protect
and stabilize stream banks, prevent sedimentation of coastal water resources, protect water
quality for important nursery areas for fisheries, and preserve aquatic and riparian habitat; and
WHEREAS, the Georgia Constitution of 1983, Article IX, §II, ¶IV, places the power of
planning and zoning in local government and, therefore, this ordinance is adopted pursuant to
such power as it contributes to aesthetics, density regulation and health benefits and Article IX,
§II, ¶IMI; and
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee
Island that the Code of Ordinances for the City is hereby amended so as to create a new section
to be Section 3-090.1 as follows:
SECTION 1
Section 1. Intent and Purpose
1) The rivers, streams,wetlands, and coastal marshlands constituting the riparian lands
of the City of Tybee Island are a significant natural resource and are essentially linked to
Tybee Island's economy. The City Council recognizes that these lands provide numerous
benefits and are vital to the health, safety, and economic welfare of its citizens. The City
Council finds that buffers adjacent to these lands provide substantial benefits including:
a) Minimizing activities that degrade, destroy, or otherwise negatively impact
the value and function of coastal marshlands;
b) Maintaining stream and river water quality;
c) Trapping sediment and other pollutants found in surface runoff;
d) Promoting bank stabilization and reducing erosion;
e) Protecting terrestrial coastal habitat for nesting and feeding wildlife;
f) Reducing the impact of flooding by increasing floodwater storage areas;
g) Enhancing the marshlands' scenic value and recreational opportunities;
h) Protecting property values of individual landowners; and,
i) Protecting and restoring greenspace and the natural character of the coastal
region; and
j) Protecting important nursery areas for fisheries,which provide food and
habitat to numerous species of fish and shellfish, including commercially important
species.
2) 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. The purposes of this coastal riparian buffer zone are to:
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) Avoid land development within such buffers by establishing buffer zone
requirements and by requiring authorization for any land disturbing activities.
3) The standards and regulations set forth in this ordinance are created under the
authority of the City of Tybee Island's Home Rule and zoning powers defined in Article
IX, Section 2 of the Georgia Constitution.
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Section 2. Definitions
"Access path"means a pervious path designed, constructed, and maintained pursuant to
applicable best management practices that provides for access to water-dependent uses
through the buffer and takes the route that impacts the natural vegetation of the buffer to the
least extent possible.
"Buffer encroachment permit" means the permit issued by the City of Tybee Island and
required to undertake certain buffer encroaching activities as described in Section 4 herein.
"Coastal marshland"or"marshland"means any marshland intertidal area, mud flat, tidal
water bottom, or salt marsh within the estuarine area of the City of Tybee Island whether or
not the tidewaters reach the littoral areas through natural or artificial watercourses.
"Vegetated marshlands" shall include those areas upon which grow one, but not necessarily
all, of the following: salt marsh grass (Spartina alterniflora), black needlerush(Juncus
roemerianus), saltmeadow cordgrass (Spartina patens),big cordgrass (Spartina
cynosuroides), saltgrass (Distichlis spicata), coast dropseed (Sporobolus virginicus),bigelow
glasswort(Salicornia bigelovii), woody glasswort (Salicornia virginica), saltwort (Batis
maritima), sea lavender (Limonium nashii), sea oxeye (Borrichia frutescens), silverling
(Baccharis halimifolia), false willow(Baccharis angustifolia), and high-tide bush (Iva
frutescens). The occurrence and extent of salt marsh peat at the undisturbed surface shall be
deemed to be conclusive evidence of the extent of a salt marsh or a part thereof. Coastal
Marshlands Protection Act, O.C.G.A. § 12-5-282.
"Coastal riparian buffer" or"buffer"means, on any given parcel of land, a natural or
enhanced vegetated area of riparian land lying adjacent to a stream, pond, impoundment,
wetland, or coastal marshland.
"Estuarine area"means all tidally influenced waters, marshes, and marshlands lying within a
tide-elevation range from 5.6 feet above mean tide level and below. Coastal Marshlands
Protection Act, O.C.G.A. § 12-5-282.
"Impervious cover"means a surface composed of any material that greatly impedes or
prevents the natural infiltration of water into soil. Impervious surfaces include, but are not
limited to, rooftops, buildings, streets and roads, except those designed specifically to allow
infiltration.
"Impoundment"means any lake, pond, or other body of freshwater.
"Land disturbing activity"means: (1) any installation of impervious cover; or (2) any
grading, scraping, excavating or filling of land.
"Land disturbance permit" means the permit issued by the City of Tybee Island pursuant to
the Georgia Erosion and Sedimentation Control Act and required for undertaking any land
disturbing activity.
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"Littoral area"means the tidal area between the high water and low water marks.
"Minor land disturbing" means activities such as home gardens and individual home
landscaping, repairs, maintenance work, fences, and other related activities which do not
result in any soil erosion as defined in the current version of the Minor Land Disturbing
Guidelines issued by the Georgia Department of Natural Resources. Such minor land
disturbing activities may not result in total disturbance of more than 100 square feet.
"Native vegetation"means vegetation that is naturally found in the area.
"Person"means any individual,partnership, firm, association,joint venture, public or private
corporation, trust, estate, commission, board,public or private institution, utility, cooperative,
state agency, municipality or other political subdivision of this State, any interstate body or
any other legal entity.
"Riparian land"means any land along the edge of a lake, stream, river, marsh, wetland,
coastal marshland, pond or impoundment.
"Wetland"means those areas that are inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil. Ga. Comp. R.
& Regs. r.391-3-16-.03 (2006).
Section 3. Applicability
This ordinance shall apply to all land disturbing activity on property containing or adjacent to
coastal marshland or wetlands. These requirements are in addition to, and do not replace or
supersede, any other applicable buffer requirements established under state law. Approval or
exemption from these requirements does not constitute approval or exemption from buffer
requirements established under state law or from other applicable local, state or federal
regulations.
Best management practices shall be required for all land disturbing activities. Proper design,
installation, and maintenance of best management practices shall follow the design
specifications contained in the "Manual for Erosion and Sediment Control in Georgia"
published by the State Soil and Water Conservation Commission as of January 1 of the year
in which the land disturbing activity was permitted.
3.1. Grandfather Provisions
This ordinance shall not apply to the following activities:
1) Existing development and land disturbance activities as of _ , 2014,
except that new development or new land disturbing activities on such properties will be
subject to all applicable buffer requirements.
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2) Any land disturbing activity that is scheduled for permit approval or has been submitted
for approval as of , 2014.
3) Land disturbing activity that has not been submitted for approval, but that is part of a
larger master development plan, such as for an office park or other phased development
and that has been previously approved within one year of , 2014.
After , 2014, this Ordinance shall apply to all new subdividing and
platting activities.
3.2. Exemptions
The following specific activities are exempt from this Ordinance:
1) Public sewer line easements paralleling the stream, lake, impoundment, wetland, and/or
coastal marshlands, except that all easements (permanent and construction) and land
disturbance should be at least 25 feet from the mean high water line in coastal marshlands
and wetlands or the top of the bank for streams, lakes, and impoundments. This includes
such impervious cover as is necessary for the operation and maintenance of the utility,
including but not limited to manholes, vents and valve structures. This exemption shall
not be construed to allow the construction of roads, bike paths, or other transportation
routes in such easements, regardless of the type of paving material used.
2) Land disturbing activities by governments within a road right of way existing at the time
this ordinance takes effect, or approved under the terms of this ordinance. Development
activities are only allowed if they cannot reasonably be located outside the buffer.
3) Land disturbing activities within utility easements existing as of the effective date of this
ordinance or approved under the terms of this ordinance when necessary for the operation
and maintenance of the utility, including but not limited to manholes, vents and valve
structures,
4) Emergency maintenance and repairs necessary to preserve life and/or property. However,
when emergency work is performed under this section, the person performing it shall
report such work to the City of Tybee Island as soon as possible and within 24 hours of
the commencement of the work. Within ten (10) days thereafter, the person shall apply
for a variance and perform such work within such time period as may be determined by
the City of Tybee Island to be reasonably necessary to correct any impairment such
emergency work may have caused to the water conveyance capacity, stability or water
quality of the protection area.
5) Forestry and silviculture activities on land that is zoned for forestry, silvicultural or
agricultural uses, provided these activities are not incidental to other land disturbing
activity and are conducted using applicable best management practices. If such activity
results in land disturbance in the buffer that would otherwise be prohibited, no land
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disturbing activity other than normal forest management practices will be allowed on the
entire property for three years after the end of the activities that intruded on the buffer.
6) Stream crossings for water lines or stream crossings for sewer lines, provided that they
occur at an angle, as measured from the point of crossing, within 25 degrees of
perpendicular to the stream; cause a width of disturbance of not more than 50 feet within
the buffer; and adequate erosion control measures are incorporated into the project plans
and specifications and are implemented.
7) Such minor land disturbing activities as home gardens and individual home landscaping,
repairs, maintenance work, fences, and other related activities which do not result in any
soil erosion as defined in the current version of the Minor Land Disturbing Guidelines
issued by the Georgia Department of Natural Resources. Such minor land disturbing
activities may not result in total disturbance of more than 100 square feet.
8) Pruning and selective clearing is permissible to maintain a viewshed provided 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.
9) Activities for the purpose of constructing public water supply intake or public wastewater
outfall structures, when designed, constructed, and maintained using applicable best
management practices.
10)Activities to restore and enhance stream bank stability,vegetation, water quality,
and/or aquatic habitat,when designed, constructed, and maintained pursuant to applicable
best management practices.
11)Any trimming or pruning of vegetation for the purpose of creating a keyhole view
corridor and/or access path and conducted in accordance with applicable best
management practices.This exemption shall not allow for the removal of trees.
12)Creation of an access path to water-dependent uses through the buffer when designed,
constructed, and maintained pursuant to applicable best management practices.
13)Structural maintenance and repair (not replacement or enlargement) of any damaged
structure that existed in the buffer as of the effective date of this ordinance, provided the
repair is less than fifty (50)percent of the value of the structure, as determined by a local
building inspector and is constructed and designed pursuant to applicable best
management practices.
Section 4. Standards and Regulations
All land disturbing activity that is not exempt from this Ordinance pursuant to subsection 3.2
above shall meet the following requirements:
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1) A buffer shall be maintained for a minimum of 25 feet along both banks of streams and.
along all impoundments, as measured from the top of the bank of the stream or
impoundment. All land disturbing activity is prohibited within the 25-foot buffer unless a
variance or buffer encroachment permit is granted.
2) A buffer shall be maintained for a minimum of 25 feet along all coastal marshlands,
measured horizontally from the estuarine area. All land disturbing activity is prohibited
within the 25-foot buffer unless a variance or buffer encroachment permit is granted.
3) A buffer shall be maintained for a minimum of 25 feet along all wetlands as measured
from the inland edge of the wetland. All land disturbing activity is prohibited within the
25 -foot buffer unless a variance or buffer encroachment permit is granted pursuant to
Section 5 or Section 7.
4) No septic tanks or septic tank drain fields shall be permitted within the buffer.
5) The establishment of a manicured lawn shall not be permitted in the buffer.
6) The application of pesticides shall not be permitted in the buffer.
Section 5. Buffer Encroachment Permit
5.1 General
1) No person shall conduct any land disturbing activity within the coastal riparian buffer
without first obtaining a buffer encroachment permit from the City of Tybee Island to
perform such activity.
2) Buffer encroachment permits may be issued by the City of Tybee Island only if the
land disturbing activity constitutes construction of a porch, deck,boardwalk, or similar
structure that is an accessory use to a residential dwelling, constructed and designed in
accordance with applicable best management practices.
3) The following factors will be considered in determining whether to issue a permit:
a) whether the buffer encroachment will result in a reduction of the quality of the water
exiting the parcel, or a diminishment of a uniform coastal marshland scenic vista;
b) whether the proposed development in the buffer will be conducted in accordance with
all design guidelines, low impact development techniques, and other applicable best
management practices;
c) whether the proposed intrusion into the buffer is the minimum intrusion necessary to
accomplish the purpose of the intrusion;
d) whether a feasible alternative design exists that would result in no intrusion into the
buffer;
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5.2 Application Requirements and Procedures
1) The application for a buffer encroachment permit shall be submitted to the City of Tybee
Island and must include the following:
a) A site plan showing:
• The location of all riparian lands on or immediately adjacent to the property;
• Identification of any streams found on the Clean Water Act § 303(d) list that are
adjacent to the property;
• Boundaries of the riparian buffer, as described by Section 4 of this Ordinance, on
the property;
• Buffer zone topography with contour lines at no greater than five (5)-foot contour
intervals;
• Delineation of forested and open areas in the buffer zone; and,
• Detailed plans of all proposed land development and land disturbing activity on the
site;
a) A description of any potential development impact on the buffer and how it will be
avoided;
b) Any other documentation that the City of Tybee Island may reasonably deem
necessary for review of the application and to insure that the coastal riparian buffer
ordinance is addressed in the approval process; and
c) Payment of the application fee of$
2) The coastal riparian buffer shall be clearly delineated on all development plans and plats
submitted for buffer encroachment permit approval, and buffer limits must be staked in
the field in a manner approved by the City of Tybee Island before and during
construction with posted signs that describe allowable activities. Buffer boundaries shall
be printed on all development and construction plans,plats, and official maps.
3) All buffer areas must be recorded on the final plat of the property following plan
approval.
4) Within [ten (10)] working days of receiving an application for a permit, the [planning
department or public works department] shall review it for completeness and notify the
public of the application by placing a notice [on its website or in a local newspaper]. If
the [planning department or public works department] finds that the application is
incomplete, it shall within such [ten (10)] day period, send to the applicant a notice of the
specific ways in which the application is deficient, with appropriate references to the
applicable sections of this ordinance.
5) The [planning department or public works department] shall process all buffer
encroachment permit applications within [thirty (30)] business days of the [planning
department or public works department]'s actual receipt of a completed application and a
permit fee. The [planning department or public works department] shall give notice to the
applicant of its decision by hand delivery or by mailing a notice, by Certified Mail,
Return Receipt Requested, to the address on the permit application on or before the
[thirtieth (30`'1)] business day after the [planning department or public works
8
department]'s receipt of the completed application. If the jurisdiction fails to act within
the [thirty (30) day] period, the permit shall have been deemed to have been granted.
6) In the event the [planning department or public works department] determines that all
requirements for approval have not been met, it shall promptly notify the applicant of
such fact and shall automatically deny the permit.
7) An individual whose permit application has been denied or a permittee whose permit has
been revoked may appeal the decision of the [planning department or public works
department] to the City Council provided that they file written notice of an appeal with
the City Clerk within [fifteen (15)] business days of the City of Tybee Island's decision.
Such appeal shall be considered by the City Council at the next regular meeting held after
the city's receipt of the written notice of appeal, provided that notice of appeal is received
by the City Council a minimum of ten full business days before the meeting. In the event
an individual whose permit has been denied or revoked is dissatisfied with the decision of
the City Council, they may petition for writ of certiorari to the Superior Court as provided
by law.
8) The [planning department or public works department] shall inspect each lot for which a
permit for a new land disturbing activity or for modification of an existing land disturbing
activity is issued. This inspection shall occur on or before [six months] from the date of
issuance of such permit.
a) If the land disturbing activity is not complete within [six months] from the
date of issuance, the permit shall lapse and become void. No refunds will be made for
permit fees paid for permits that expired due to failure to engage in the land
disturbing activity. If later, an individual desires to continue land disturbing activities
at the same location, a new application must be processed and another fee paid in
accordance with the fee schedule applicable at such time.
b) If the land disturbing activity is substantially complete,but not in full
compliance with this ordinance the [planning department or public works
department] shall give the applicant notice of the deficiencies and shall allow an
additional [thirty days] from the date of inspection for the deficiencies to be
corrected. If the deficiencies are not corrected by such date, the permit shall lapse and
become void.
Section 6. Inspection
The [planning department or public works department] or its authorized representative may
inspect ongoing work in the buffer to be made periodically during the course thereof and
shall make a final inspection following completion of the work. The landowner shall assist
the [planning department or public works department] or authorized representative in
making such inspections. The [planning department or public works department] shall have
the authority to conduct such investigations as it may reasonably deem necessary to carry out
its duties as prescribed in this Ordinance, and to enter at a reasonable time upon any property,
public or private, for the purpose of investigating and inspecting the sites of any land
disturbing activities within the buffer protection area.
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No person shall refuse entry or access to any authorized representative or agent who requests
entry for purposes of inspection, and who presents appropriate credentials, nor shall any
person obstruct, hamper or interfere with any such representative while in the process of
carrying out official duties.
Section 7. Variance Procedure
Variances from the above buffer requirements may be granted in accordance with the
following provisions:
1) Where a parcel was platted prior to the effective date of this ordinance, and its shape,
topography, or other existing physical condition prevents land disturbing activity
consistent with this ordinance, and such land disturbing activity cannot be authorized
through issuance of a buffer encroachment permit, the City of Tybee Island may grant a
variance that shall allow a reduction in buffer width only to the extent necessary to
provide relief from the conditions which prevented land disturbing activity on the parcel,
provided adequate mitigation measures are implemented by the landowner to offset the
effects of such variance.
2) Variances shall not be considered when:
a) following adoption of this ordinance, actions of any property owner of a given
property have created conditions of a hardship on that property; or
b) the owner previously applied for a buffer encroachment permit that was
denied by the City of Tybee Island.
3) Except as provided above, the City of Tybee Island shall grant no variance from any
provision of this ordinance.
4) When a public hearing on the application for a variance is conducted, the City of Tybee
Island shall givepublic notice of each such public hearing in a newspaper of general
circulation within the City of Tybee Island. The City of Tybee Island shall require that
the applicant post a sign giving notice of the proposed variance and the public hearing.
The sign shall be of a size and posted in such a location on the property as to be clearly
visible from the primary adjacent road right-of-way.
5) At a minimum, a variance request shall include the following information:
a) A site map that includes locations of all streams, wetlands, coastal marshlands,
floodplain boundaries, and other natural features, as determined by field survey;
b) A description of the shape, size,topography, slope, soils,vegetation, and other
physical characteristics of the property;
c) A detailed site plan that shows the locations of all existing and proposed
structures and other impervious cover, the limits of all existing and proposed land
disturbance both inside and outside the buffer;
d) The exact area of the buffer to be affected shall be accurately and clearly indicated;
e) Documentation of the inability to develop the property without a variance;
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f) Documentation that shows how buffer encroachment will be minimized to the
greatest extent possible;
g} Documentation that shows how the buffer encroachment will not result in
reduction of water quality or diminishment of a uniform coastal marshland scenic
vista
h) At least one alternative plan, which does not include a buffer encroachment, and an
explanation of why such a plan is not possible;
i) A calculation of the total area and length of the proposed encroachment;.
j) A stormwater management site plan, if applicable; and,
k) A proposed mitigation plan designed pursuant to applicable best management
practices that offsets the effects of the proposed encroachment. If no mitigation is
proposed, the application must include an explanation of why none is being proposed.
➢ Acceptable mitigation might include restoration and/or enhancement and
protection of a degraded area of coastal riparian buffer on an adjacent or nearby
property.
1) Payment of the application fee of$
6) The following factors will be considered in determining whether to issue a variance:
a) Whether the requirements of the riparian buffer represent an extreme hardship for the
landowner, such that little or no reasonable economic use of the land is available
without the reduction of the width of the riparian buffer;
b) Whether actions of the landowner of a given property have created conditions of a
hardship on that property;
c) The size, shape, topography, soils, vegetation and other physical characteristics of the
property that may prevent land development;
d) The location and extent of the proposed buffer encroachment;
e) Whether alternative designs are possible which require less or no intrusion;
f) The long-term water-quality impacts of the proposed variance;
g) The water quality impacts of any construction that the granting of the variance would
allow in the buffer;
h) Whether the issuance of a variance and the completion of the applicant's
proposal will unreasonably interfere with the conservation of fish, shrimp, oysters,
crabs, clams, or other marine life,wildlife, or other resources, including but not
limited to water and oxygen supply; and
i) whether the proposed development in the buffer will be conducted in
accordance with all design guidelines, low impact development techniques, and
applicable best management practices.
If a variance issued by the Director is acceptable to the issuing authority, the variance shall
be included as a condition of permitting and therefore becomes a part of the permit for the
proposed land disturbing activity project. If a stream buffer variance is not acceptable to the
issuing authority, the issuing authority may issue a land disturbing permit without allowing
encroachment into the buffer. Ga. Comp. R. & Regs. § 391-3-7-.05(8) (2006).
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Section 8. Compatibility with Other Regulations and Requirements
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.
The requirements of this ordinance shall in no case be interpreted to preempt the need for
other relevant local, state and federal permits and approvals.
All land disturbing activities must comply with the requirements of the Erosion and
Sedimentation Act of 1975 and all applicable best management practices therein.
Section 9. Violations, Enforcement and Penalties
Any action, or inaction,which violates the provisions of this ordinance or the requirements of
an approved site plan may be subject to the enforcement actions outlined in this Section.Any
such action, or inaction, which is continuous with respect to time, is deemed to be a public
nuisance and may be abated by injunctive or other equitable relief. The imposition of any of
the penalties described below shall not prevent such equitable relief.
9.1. Notice of Violation
If the City of Tybee Island determines that a permittee or other responsible person has failed
to comply with the terms and conditions of a permit, an approved stormwater management
plan or the provisions of this ordinance, it shall issue a written notice of violation to such
permittee or other responsible person. Where a person is engaged in activity covered by this
ordinance without having first secured a permit therefore, the notice of violation shall be
served on the owner or the responsible person in charge of the activity being conducted on
the site.
The notice of violation shall contain:
1) The name and address of the owner or the applicant or the responsible person;
2) The address or other description of the site upon which the violation is occurring;
3) A statement specifying the nature of the violation;
4) A description of the remedial measures necessary to bring the action or inaction into
compliance with the permit, the stormwater management plan or this ordinance and the
date for the completion of such remedial action;
5) A statement of the penalty or penalties that may be assessed against the person to whom
the notice of violation is directed; and,
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6) A statement that the determination of violation may be appealed to the City of Tybee
Island by filing a written notice of appeal within thirty (30) days after the notice of
violation (except, that in the event the violation constitutes an immediate danger to public
health or public safety, 24 hour notice shall be sufficient).
9.2. Penalties
In the event the remedial measures described in the notice of violation have not been
completed by the date set forth for such completion in the notice of violation, any one or
more of the following actions or penalties may be taken or assessed against the person to
whom the notice of violation was directed. Before taking any of the following actions or
imposing any of the following penalties, the City of Tybee Island shall first notify the
permittee or other responsible person in writing of its intended action and shall provide a
reasonable opportunity, of not less than 72 hours (except, that in the event the violation
constitutes an immediate danger to public health or public safety, 24 hour notice shall be
sufficient)to cure such violation. In the event the permittee or other responsible person fails
to cure such violation after such notice and cure period, the City of Tybee Island may take
any one or more of the following actions or impose any one or more of the following
penalties.
1) Stop Work Order - The City of Tybee Island may issue a stop work order which shall be
served on the permittee or other responsible person. The stop work order shall remain in
effect until the permittee or other responsible person has taken the remedial measures set
forth in the notice of violation or has otherwise cured the violation or violations described
therein, provided the stop work order may be withdrawn or modified to enable the
permittee or other responsible person to take the necessary remedial measures to cure
such violation or violations.
2) Withhold Certificate of Occupancy - The City of Tybee Island may refuse to issue a
certificate of occupancy for the building or other improvements constructed or being
constructed on the site until the permittee or other responsible person has taken the
remedial measures set forth in the notice of violation or has otherwise cured the
violations described therein.
3) Suspension, Revocation or Modification of Permit - The City of Tybee Island may
suspend, revoke, or modify the permit authorizing the land development project. A
suspended, revoked, or modified permit may be reinstated after the permittee or other
responsible person has taken the remedial measures set forth in the notice of violation or
has otherwise cured the violations described therein, provided such permit may be
reinstated (upon such conditions as the City of Tybee Island may deem necessary) to
enable the permittee or other responsible person to take the necessary remedial measures
to cure such violations.
4) Civil Penalties - In the event the permittee or other responsible person fails to take the
remedial measures set forth in the notice of violation or otherwise fails to cure the
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violations described therein within 72 hours, or such lesser period as the City of Tybee
Island shall deem appropriate (except that in the event the violation constitutes an
immediate danger to public health or public safety, 24 hour notice shall be sufficient)
after the City of Tybee Island has taken one or more of the actions described above, the
City of Tybee Island may impose a penalty on the permittee or other responsible person
not to exceed $1,000 (depending on the severity of the violation) for each day the
violation remains un-remedied after receipt of the notice of violation.
5) Criminal Penalties - For intentional and flagrant violations of this ordinance, the City of
Tybee Island may issue a citation to the permittee or other responsible person, requiring
such person to appear in [appropriate municipal, magistrate or recorders] court to
answer charges for such violation. Upon conviction, such person shall be punished by a
fine not to exceed $1,000 or imprisonment for 60 days or both. Each act of violation and
each day upon which any violation shall occur shall constitute a separate offense.
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.
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ADOPTED THIS DAY OF , 2014.
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
Tybee/Ordinances/2014139-2014 Sec 3-090.1 buffer 0625.14
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