HomeMy Public PortalAbout070_20Shoreline Ad Hoc Protection draft 3b (2)
Summary of recommendations and findings from the Tybee Island Ad Hoc Committee on Shoreline Protection 1) A set of comprehensive shoreline protection ordinances is necessary for the
preservation of property owners’ rights. A set of complimentary shoreline ordinances will provide a tool for oversight on State rulings for our island. A set of clear, enforceable rules
will protect our dunes and beaches. Additionally, a clear and concise set of shoreline ordinances will provide a foundation for the rebuilding after a major disaster. These are the reasons
that our committee has found for the implementation of a Shoreline Protection Ordinance. It is a recommendation that was agreed upon by the entire committee and recommended by the DNR.
(This section is meant to provide a basis to replace the wording for Findings in proposed Ordinance 11-2008 .) 2) Any Shoreline Protection Ordinance should reference key documents which
give the intent of our island’s rules. These documents include the Tybee Island Master Plan, and the Beach Management Plan. 3) Although we recommend a Tybee Island Shoreline Protection
Ordinance, we do not recommend that Tybee become a permitting authority as specified by the State. This function resides with the State currently, and is best left there. 4) The committee
strongly recommends that any property owners who hold developed or undeveloped property on a shoreline area be directly notified of this ordinance process before it proceeds any further.
This is a process that will have a profound effect on property value and future activity. We feel that the extra effort, above and beyond the standard public comment process, must be
made to personally contact the citizens affected and the members of business organizations with a shoreline interest. 5) Definitions a) The existing seawalls on the island need to be
defined and pinpointed through a GPS system. b) The existing areas of shoreline need a definition and a reference to which setback measurement is to be used for each one. Our committee
discussed the difference between North Beach, Front Beach and South Beach. c) The actual position of “foot of the landwardmost dune” needs to be set out in GPS language. This is not
a function of the DNR, but can be assisted by them on request. This must be reviewed on a defined periodic basis to allow for erosion or dune movement. d) Most definitions that apply
to these ordinances can be made by referencing the existing State ordinance. 5) Setbacks 20110714 CC Packet 20110707 070_020_000001
a) Referenced in the City Charter is an 18 foot setback from existing seawalls. This should be reviewed for its applicability in a setback definition and a reworded section added to
the ordinance if need be. The Committee was unsure whether this part of the City Charter conflicts with the 10 foot setback recommendation. b) It is the strong recommendation of this
committee that a base setback be made 10 feet from the landward most dune foot. This is a simple rule that can be applied to much of our existing shoreline property. This should apply
whether the dune foot falls landward or ocean ward of the DNR jurisdiction line. c) Consideration must be made for areas without a clearly defined seawall or dune foot. The Committee
was unable to find a property with these conditions, but there may be one in existence. d) Areas with no beach, but rather a stream or river reference existing state erosion and sedimentation
ordinances. 6) Conditions for granting permits a) The terms of any Tybee Island ordinance will have to be met before an item can go before the State permitting authority. One of the
discussion points for the committee was the situation where a 10 toe of the dune setback would still be behind the State jurisdiction line. In this case, while the State would consider
the Tybee ordinance, careful attention would have to be made to prevent a permit from being issued under State authority. b) The recent reworking of section 3-100 strengthens the City’s
position in regards to the dune area under State jurisdiction. It should be referenced and reinforced if necessary. c) As an ordinance under the existing Land Develpement Code, the Shoreline
Protection Ordinance would follow the current application criteria and variance process. 7) Other considerations a) Exemptions should exist for permitted or grandfathered dune crossovers
(public or private) and an inventory of these crossovers should be developed. b) Modifications for existing nonconforming structures should be subject to a variance process. 8) The Committee
Committee would like to have a representative meet with the City Attorney as soon as possible to develop wording for an appropriate proposed ordinance. 20110714 CC Packet 20110707 070_020_000002