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Home My Public Portal About20141009CityCouncilPacket Table of Contents 000_000_20141009Agenda 1 050_010_20140918 Minutes 3 060_010_Patti Smith 13 090_010_2014 Agenda Request-Private Parking License-Tybee RE Operating Co. Ocean Plaza Private Parking 16 090_020_2014 Agenda Request-Alcohol License Market Place-Ocean Plaza Tybee RE Operating Co 19 090_030_2014 Agenda Request Alcohol-Entertainment Licesne Request - Dolphin Reef-Tybee RE Operating Co 23 100_010_Contract - P&Z Dept - scan rolled plans 28 120_010_Ord 54-2014, First Reading electric meters 35 120_020_Ord 55-2014, First Reading definitions 44 U nt it l ed_20140930_130603_001 44 U ntitled 20140930 130603 002 59 U ntitled 20140930 130603 003 77 120_030_M inutes PC 20140916 86 PLANNING COMMISSION CITY MANAGER 86 Demery Bishop, Vice Chair Diane Schleicher 86 Marianne Bramble PLANNING &ZONING MANAGER 86 130_010_Ord 26B-2014, Second Reading road warranty 89 130_020_Ord 42-2014, Second Reading watercourse 93 U n t i t l ed_20140922_160914_001 93 U ntitled_20140922_160914_002 112 U ntitled 20140922 160914 003 127 130_030_Ord 52-2014 Second Reading tree ordinance 139 130_031_52-A-2013 Art 7 Trees 10.01.14 154 130_040_Ord 51-2014 Second Reading Hosti 167 130_041_56-2014; Neighborhood Grocery Text Am; 10.01.14 185 130_042_56-2014; Neighborhood Grocery Text Am; 1.0.01.14 - nonredlined 188 140_010_Agenda Request - CPR-AED Employee Training Policy (revised) 191 140_011_CPR Training - Revised 192 140_020_Agenda Request - Mass Notification System Usage Policy 194 140_021_Mass Notification System Usage Policy 195 140_030_By-Laws - 10.01.14 196 160_010_20140721H PC m i n utes 201 160_011_20140814HPCminutes 203 160_020_20140618_MSBODmi nutes 205 160 021 20140813 MSBODminutes 207 DIRECTORS PRESENT:Jim Glass, Bill Garbett, Vicki Hammons, Deana Harden, Brenda Marion, 207 Melissa Memory 207 DIRECTORS ABSENT: Angela Caldwell, Steve Kellam, Ted Lynch, Kelly Partridge,John Yarbrough 207 160_030_8-28-2014 Public Safety Committee Minutes 209 AGENDA REGULAR MEETING OF THE TYBEE ISLAND CITY COUNCIL OCTOBER 9, 2014 7:00PM Please silence all cell phones during Council Meetings I. Consideration of Items for Consent Agenda 6:30PM II. Executive Session III. Opening Ceremonies Call to Order Invocation: Jan LeViner, Clerk Pledge of Allegiance IV. Consideration of the approval of the minutes of the regular meetings of the Tybee Island City Council 1 City Council Minutes, September 18, 2014 V. Consideration of Boards, Commissions and Committee Appointments 1 Patti Smith, Beach Task Force VI. Reports of Staff, Boards, Standing Committees and/or Invited Guest Limit reports to 10 minutes. VII. *Citizens to Be Heard: Please limit comments to 3 minutes. Maximum Allowable time is 5 minutes. VIII. Consideration Local Requests &Applications-Funding, Special Events, Alcohol License 1 Private Parking Lot— Commercial District: Tybee RE Operating Company, LLC dba Ocean Plaza Beach Resort— Private parking (new holding company) 1401 Strand 2 Alcohol License Request: Beer/Wine/Sunday Sales — Package Sales: Beer and Wine Only— Gift Shop; Tybee RE Operating Company, LLC dba Ocean Plaza Beach Resort — Market Place (new holding company) 1401 Strand 3 Alcohol and Entertainment License Request: Liquor/Beer/Wine/Sunday Sales — Entertainment Tybee RE Operating Company, LLC dba Ocean Plaza Beach Resort — Dolphin Reef (new holding company) 1401 Strand IX. Consideration of Bids, Contracts, Agreements and Expenditures 1 MCCI, a subsidiary of Municipal Code Corporation; for scanning/indexing rolled plans from the archive room for the Planning and Zoning Department; $5,000 for fiscal year 2015. Budget Line Item: 100-7220-52-1300, Contract Services X. Consideration of Approval of Consent Agenda XI. Public Hearings 1 Text Amendment, 54-2014, Sec 3-070, Permissible Structures per Lot; Accessory Structures. City of Tybee Island, petitioner; consideration of electrical meter standards 20141009CityCouncilPacket Page 1 of 210 20141002/jrl 2 Text Amendment, 55-2014, Article 2, Definitions. City of Tybee Island petitioner; consideration of definitions 3 Planning Commission Minutes, 9/16/2014 XII. Consideration of Ordinances, Resolutions 1 Second Reading, 26B-2014; Municipal Code Sect 54-6, Road Warranty; City of Tybee Island, petitioner; consideration of requirements for street work 2 Second Reading, 42-2014; Article 16, Stormwater Management; City of Tybee Island, petitioner; consideration of regulations for Stormwater 3 Second Reading, 52A-2014; Article 7, Tree Ordinance; City of Tybee Island, petitioner; consideration of requirements of trees 4 Second Reading, 51-2014/56-2014; Map Amendment and Text Amendment — 1109 Lovell Ave.; current zoning R-2/amended zoning N-G; Michael Hosti, petitioner; consideration of lot zoning XIII. Council, Officials and City Attorney Considerations & Comments 1 Diane Schleicher a) CPR/AED Employee Training Policy Revised b) Mass Notification System Usage Policy 2 Bubba Hughes a) By-laws, Development Authority/Main Street Program XIV. City Managers Report XV. Minutes of Boards and Committees 1 Historic Preservation Commission, 7/21/2014 and 8/14/2014 2 Main Street Board of Directors, 6/18/2014 and 8/13/2014 3 Public Safety Committee, 9/18/2014 XVI. Executive Session 1 Discuss litigation, personnel, and real estate acquisition XVII. Possible vote on litigation, personnel and real estate acquisition discussed in executive session. XVIII. Adjournment *PLEASE NOTE: Citizens wishing to speak on items listed on the agenda,other than public hearings, should do so during the citizens to be heard section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the Clerk of Council's office by Wednesday at noon,eight days prior to the scheduled meeting. Agenda request forms are available outside of the Clerk's office at City Hall and at www.c ityofty bee.o rq. THE VISION OF THE CITY OF TYBEE ISLAND "is to make Tybee Island the premier beach community in which to live, work,and play." THE MISSION OF THE CITY OF TYBEE ISLAND "is to provide a safe,secure and sustainable environment by delivering superior services through responsible planning,preservation of our natural and historic resources,and partnership with our community to ensure economic opportunity,a vibrant quality of life,and a thriving future." 20141009CityCouncilPacket Page 2 of 210 20141002/jrl City Council Minutes 20140918 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on September 18, 2014. Those present were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Tommy Branch, Callaway, Braun, Riddle and Hughes, PC; Dianne Otto, Manager, Planning and Zoning Department; John Eric Schleicher, Intern, Planning and Zoning Department; and Janet LeViner, Clerk of Council. Mayor Buelterman listed the following items on the consent agenda: • City Council Minutes, August 28, 2014 as amended. • Francis Wooldridge, Beach Task Force • Special Event Consideration: Alee Shrine Pirate Unit #21, Annual Poker Run (September 27th; rain date October 4) 10AM — 3PM; areas of 16th Street Parking Lot • Special Event Consideration: NBBG 5th Year Celebration (October 26); @NBBG and adjacent parking lot • Special Event Consideration: Red Zone: Film (September 30, October 1-2, October 3, October 8-9): times vary and locations vary. Discussion: Mayor pro tem Doyle confirmed with Ms. Schleicher that all the businesses and citizens were notified of the event. She then expressed her concerns with the time frame in which Pirate's Fest will be setting up and possible conflicts with Red Zone. Ms. Schleicher stated that everything has been done to insure that the filming will not interfere with Pirates Fest. She further confirmed that all businesses and residents have been notified of the proposed filming. • Special Event Consideration: Coast Guard Survival Training (October 1 and October 15): 8AM — 12PM; North Beach area • Retail Beer/Wine — Package Sales only Request: Tybee Island Social Club; 1311 Butler Avenue, Current Alcohol and Sunday Sales license holder • Alcohol License Request — Special Event — Beer, Wine — 5 Year Celebration & Music Festival, October 26, 2014 • Audio Visual RFP for Tybee Island Public Safety Building • Budget Amendment: To request the City Council approve Fiscal Year 2014 year end budget amendments. Fund 275 Hotel Motel Revenues • Budget Amendment: To request the City Council approve Fiscal Year 2014 year end budget amendments: Interdepartmental adjustments are being made to cover overages at year end. Discussion: Mayor Buelterman asked Ms. Schleicher if she has the final number on the revenue over expenses, i.e., how much money is left over in the budget. Ms. Schleicher stated that they are close and are awaiting tax payments. Ms. Hudson approached mayor and council. She stated that the general fund has $992,000 over and there may be additional funding. Ms. Schleicher clarified that there is more in revenue over expenses which is a plus. Mayor pro tem Doyle clarified that funds do not have to be added to the campground's operation as they budgeted for revenue a little over $1M and $1.2M was collected in revenues 20141009CityCouncilPacket Page 3 of 210 20141002/jrl and their expenditures were $844,000. Ms. Schleicher stated she will bring a formal report in October as there are projects where these funds could be allocated. • Request to Amend the Fiscal Year 2013-2014 SPLOST 2003 Capital Budget from $661,468 to $676,148: To balance the revenue and expenditures within the fund and increase appropriations to cover all costs • Proposed CPR/AED Training Policy — Cost for annual training is approximately $2,000 upfront for training ($27/employee). Cost for two additional AED's — one for DPQ and one for W&S - $2,764. Discussion: Mayor Buelterman asked Ms. Schleicher who will be conducting the training. Ms. Schleicher stated that it will be a certified trainer. See further stated that staff recommended the policy be reviewed as they are not in favor of mandatory training. Ms. Schleicher explained that there are staff that are not comfortable with taking the training due to liability issues. Mr. Branch stated that there is nothing legally that would be of concern for staff having the training and the State of Georgia provides a complete defense to an individual that is not an emergency personnel. The City nor the individual would have the liability as long as their care is not reckless much as the Good Samaritan Law. Mayor Buelterman asked Ms. Schleicher to contact other municipalities for policy. • Thomas & Hutton: Change Order #2 for the engineering agreement dated April 3, 2012. Change order of $35,500 is due to additional marsh permitting required beyond the scope in the original agreement. • Median Planting Project: Estimated Plant and Mulch Cost — Estimated cost to complete — Approximately $15,000 • EV chargers through GEFA grant program. Discussion: Mr. Wolff stated that he would like the City to participate in a possible grant with GEFA for electric vehicle chargers, 50/50 match. Mayor Buelterman asked who would be responsible for the electric bill. Mr. Wolff responded, the City. He would ask for the approval of mayor and council to submit an application and if the City is successful it would have to come back to mayor and council for approval. Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the consent agenda were present. Opening Ceremonies • Call to Order • Invocation: Sister Barbara Shimkus • Pledge of Allegiance: Brock Baumgartner, BSA Report of Staff, Boards, Standing Committees and/or Invited Guests • Tybee Island Fire Department • Tybee Island Emergency Management • Tybee Island Ocean Rescue • Finance • IT • Human Resources 20141009CityCouncilPacket Page 4 of 210 20141002/jrl • River's End Campground • YMCA • Water/ Sewer • Main Street Program Paul Wolff made a motion to approve the consent agenda. Rob Callahan seconded. Vote was unanimous, 6-0. Consideration of Bids, Contracts, Agreements and Expenditures Results from RFP's for Architectural and Engineering Services: City Hall Interior Renovation — Space and Security Needs Assessment and North Beach Restrooms. Ms. Schleicher stated that two proposals were received for city hall renovations which is only for the needs and security assessment and has not had the opportunity to do a matrix. This will be completed and brought back to mayor and council. She would also recommend that there be an interview process for the architects much as was done for the Public Safety Building. Mayor pro tem Doyle agreed. Mayor Buelterman asked Ms. Schleicher to invite Chatham County to preliminary meetings for the north beach bathrooms. Ms. Schleicher agreed and will notify Chatham County. Mr. Branch stated that baring circumstances, when an RFP is released and the criteria is listed, whenever they are ranked, in his opinion you will need to go with whoever scores the highest. He further stated that there is a provision in the state law that allows you have a short list and that is how it was handled with the Public Safety Building. Ms. Schleicher recommended that mayor and council interview all the architects that submitted an RFP. Mayor Buelterman confirmed. No action taken. Follow-up on North End Recycling — City Council Goals for 2014/15 — Prioritize Site Selection for Future Location of a 34 Cubic Yard Recycling Compactor near the North End Business District. Ms. Schleicher stated that this is a goal from mayor and council to do north side recycling. Staff has been trying to find a location for a compactor and she clarified that they have identified three locations as outlined in the packet before mayor and council. Ms. Schleicher stated that she would like to do a matrix, listing the locations, rank them and also rank based on zoning. She would like to do a survey that will be sent to the local businesses and have them ranked as well. Ms. Schleicher would also ask mayor and council to participate in the survey. She asked mayor and council for their recommendations such as if other sites may be suitable for the compactor. Mayor pro tern Doyle expressed her concerns with putting the compactor at the Department of Public Works. Mayor and council agreed that the matrix concept is good and Ms. Schleicher should proceed. Ms. Schleicher stated that it is her goal to have the completed matrix to mayor and council at the February 26, 2015 meeting in this way it can be included in the budget cycle. No action taken. RS&H Traffic Calming Study Proposal: Staff recommends studying Jones Avenue prior to the resurfacing project. Cost for Jones Avenue portion of the study is $13,094. Recommend budgeting balance of study in FY 16. Rachel Hatcher, RS&H, approached mayor and council to answer any technical questions. Monty Parks referred to the 20141009CityCouncilPacket Page 5 of 210 20141002/jrl proposal where they indicated they would collect crash data from police records. He stated that on certain instances, crash data is not available as there was not a police report, insurance, etc. Ms. Hatcher responded that the majority of accidents are reported and their report will address traffic ability and safety. He then questioned the reference to sidewalks as being calming as in his research he found reference to sidewalks as being a safety feature. Ms. Hatcher stated that the calming effect of sidewalks is that it narrows the travel lane and creates a visual break and a need to slowdown. Mr. Parks stated he would also like to point out that they will be doing a traffic study with speed, number of cars, average speeds, time of day, and at the recent Public Safety meeting he was very surprised that the City can do the same study. Mayor pro tern Doyle asked Ms. Hatcher, if the City can collect the same data, what is the way in which they collect data that is more efficient than the City. Ms. Hatcher responded that they would be using the tubes that do not have a display and they would be in three different locations. Mr. Brown stated that the City will be able to collect the same data as RS&H. He discussed the speed on Jones Avenue and that there is no way to control it unless there are officers stationed at every corner. Mr. Garbett stated that those who have looked into the study think it will be an intelligent use of money and the City will benefit. Mayor Buelterman expressed his concerns with the study. Mayor pro tern Doyle stated that the Public Safety Committee discussed this recommendation at length. She feels this is the best way to determine what improvements need to be placed on the streets of Tybee. Mr. Parks expressed his concerns regarding a study during the construction on Jones Avenue. A short discussion ensued regarding the traffic on Jones and the impending traffic study. Mr. Garbett stated that this is an opportunity to get an unbiased opinion/study and feels it would be helpful to answer outstanding questions. Bill Garbett made a motion to approve. Rob Callahan seconded. Discussion: Mayor pro tem Doyle asked if the study was going to be done before or after the re-paving of Jones Avenue. Mr. Garbett stated before. Voting in favor were Paul Wolff, Rob Callahan, Wanda Doyle and Bill Garbett. Voting against were Monty Parks and Barry Brown. Motion carried 4-2. Public Hearings First Reading, 51-2014; Map Amendment & Text Amendment — 1109 Lovell Ave.; current zoning R-2/amended zoning N-G; Michael Hosti, petitioner; consideration of lot zoning. Dianne Otto approached mayor and council and explained the map and text amendment. She stated that at the time the Staff Report was done it was a request for a variance. Following an appeal by Mr. Hosti, the city attorney notified her that a variance for use is not allowable and therefore the request could only be changed to a map and text amendment. The consideration is now changed from the current R-2 zone to NG (Neighborhood Grocery Store District). Ms. Otto stated that the zoning map is in the room as required. She directed mayor and council attention to page 240 in the packet, Section 5-110 of the Land Development Code and then made reference to the Standards within the Section. Within these Standards there is a buffer requirement and if mayor and council move forward with this rezoning, that requirement would have to be addressed as the vacant lot situation differs from when the ordinance was written for the store and the parking lot. Ms. Otto stated that if the trailers located on the property are considered accessory structures there are 20141009CityCouncilPacket Page 6 of 210 20141002/jrl restrictions on accessory structures on commercial lots. This would be a 5' set-back from any property line and within in the ordinance it states that accessory structures are not to be located on the residentially used sides of a commercial building. The Planning Commission considered this item and the motion was to approve with the requirement that all of the neighborhood grocery requirements be strictly enforced. The vote was 3-1 to approve. Mayor pro tern Doyle confirmed the restrictions are buffers. Ms. Otto responded that within the neighborhood grocery district it does not address the accessory structures as that comes from Article III where accessory structures are discussed in Section 3-070 and breaks it out between commercial and residential. She outlined the restrictions per the Code: (1) 5' set-back requirement; and (2) no temporary detached structure shall be allowed on the residential use side of a commercial lot where commercial and residential uses are adjacent. Mayor pro tern Doyle asked Ms. Otto to explain what is allowed in the grocery store district. Ms. Otto responded that the permitted uses are a grocery store with associated parking as required; single family residences; non-habitable accessory buildings; public utilities structures; home businesses offices and following special review, B&B, residential, guest cottages, home occupations and 2-family dwellings. Mr. Brown asked Ms. Otto to explain what will happen in the future when, as an example, tile companies that store the tile in the utility trailers which are parked in their yard. Ms. Otto stated that in her view the consideration at hand is commercial use of a residential lot. There have been warehouse requests to install storage on commercial properties which were required for site plan approval. This request was not eligible to come forward as warehousing on a residential lot as it is not allowed as a residential use. Mr. Branch stated that before mayor and council is a rezoning petition and if this is approved, the owner can put a warehouse or facility such as 211 Butler as this would be an allowable use. He further explained that when there is a rezoning petition such as this you are allowed under Sec 5-111 to place conditions on the property and if there are concerns as to what is planned for the property, conditions can be placed to alleviate concerns and require the petitioner to return in the future should he wish to change anything. Mr. Garbett asked Mr. Branch if he is in agreement that what is currently on the site is not allowed under the current zoning. Mr. Branch responded that he is in agreement that what is on the property currently is a commercial use that is not allowed in an R-2 district. He is also in agreement with the City in citing the property owner. Mr. Parks asked Ms. Otto, if mayor and council approved the rezoning, is a trailer allowed. Ms. Otto responded that in her opinion it does fall under the allowed uses. Mr. Parks then asked Mr. Branch if approved, does this constitute "spot zoning". Mr. Branch responded that in the packet before mayor and council is Sec 5-110 which is the Standard that mayor and council are to use to make the decision on a rezoning application. It is also the City Attorney's opinion that"spot zoning" is no longer an issue in Georgia. There is a lot of case law currently regarding "spot zoning" and that case law precedes a change in the state law. There is a Standard within the City Code, Sec 5-110, in which the City should be upheld if challenged. Mr. Garbett stated that his interruption of this request constitutes "spot zoning". Mr. Branch responded that the case law is no longer applicable since there was a change in the State Zoning Procedures Law. He urged mayor and council to follow procedures as outlined in the City Code. Karen Madson approached mayor and council to speak against this rezoning as it only benefits one property owner on the Island. She described that 20141009CityCouncilPacket Page 7 of 210 20141002/jrl restrictions have not been met on this property as would ask mayor and council not to approve this request as the commercial corridor needs to be maintained. Mike Hosti approached mayor and council to answer and questions mayor and council might have. He stated that these storage trailers are used so he can buy in bulk, at a lessor price therefore pass the savings on to the customers of Tybee Market (IGA). Mr. Garbett asked Mr. Hosti if this request was not approved what would be his plan. Mr. Hosti responded that he would have to move the trailers and look for storage off Island. Mayor Buelterman clarified that he could put trailers on his property for storage and as long as they are not used as a commercial use, it would be allowed. Ms. Otto confirmed. Mayor Buelterman confirmed with Mr. Branch that the City's Code allows mayor and council to place restrictions on top of what the allowed uses are in this particular zone. Mr. Branch confirmed and in the approval of this rezoning, Sec 5-111: "in the conjunction with an approval of a rezoning of a property, council may impose conditions to the rezoning approval which shall have the full force and effect of law". Mr. Wolff stated that if this use is approved there should be an 8' privacy fence and he would like the impact on the neighborhood to be minimized. Mr. Hosti agreed. Mr. Wolff would like the following restrictions imposed: (1) install an 8' privacy fence on three sides and (2) only be used storage of goods in temporary movable structures (removed in 90 minutes). Mr. Hosti confirmed. Scott Hendricks, 1111 Lovell, approached mayor and council to speak in favor of the rezoning as he has no issues with the current use. Marianne Bramble, 215 Lovell, approached mayor and council stating that Mr. Hosti provides a much needed service on the Island. She further stated that Mr. Hosti has been in violation for five years and the former City Marshal failed to cite him. She feels this is selective enforcement with the City. Ms. Bramble made reference to previous enforcement issues with her property as well as the other three properties that have residential parking lots. Mike Hosti approached mayor and council to rebut Ms. Bramble's statement as the City did not overlook the violation. He was served with a complaint. Mayor Buelterman read a letter of support from a resident which was included in the packet before mayor and council. Wanda Doyle made a motion to approve the rezoning to the NG District and following the guidelines for that district with a 5' set-back and 8' privacy fence on three sides of the property. Barry Brown seconded. Discussion: Mr. Parks stated that this is an example of how far the City will go to work with businesses; to encourage businesses; and to try to reach out to businesses. Mr. Wolff stated that he appreciates Mayor pro tern Doyle's views, but he cannot vote in favor of this request, as he does not want there to be further impact on the neighborhood. Mayor Buelterman asked Mr. Branch what would be process if this motion were to be approved without restrictions. Mr. Branch responded that if there is no restrictions place, then theoretically a stand-alone grocery store could go on the property or other type of building. He could also sell the property. Mr. Wolff expressed his concerns. Mayor Buelterman stated that it is his assessment of this situation was not that there would be another building with a commercial use, just to move forward to allow Mr. Hosti to do what has been done for the last five years with additional buffers. Mayor pro tern Doyle asked Mr. Wolff to repeat his thoughts on the motion. Wanda Doyle amended her motion to approve the rezoning with the following guidelines: 5' set-back; 8' privacy fence on the three sides abutting residential; property only be used for storage of goods in portable accessory buildings; and nothing further can be done with the exception of parking. Barry Brown accepted and 20141009CityCouncilPacket Page 8 of 210 20141002/jrl seconded the amended motion. Voting in favor were Paul Wolff, Monty Parks, Wanda Doyle and Barry Brown. Voting against were Bill Garbett and Rob Callahan. Motion carried 4-2. Discussion: Ms. Otto stated that the temporary portable structures that are included in the motion, is that limited to the existing or could it be expanded to more. Mr. Wolff responded that he would not be limited to the three or four existing that are in place as the privacy fence would mitigate any further impact. Variance & Special Review — North side of Hwy 80; zoned R-2; City of Tybee Island, petitioner; consideration of request to place materials in a marsh. Dianne Otto approached mayor and council stating that the Marsh Hen Trail is a proposed pedestrian bike trail to be located on the north side of Highway 80. This particular phase of the trail begins at the west end of the Battery Drive subdivision and proceeds east to Byer Street. Ms. Otto directed mayor and councils attention to the attachments in the packet and due to conditions there might be slight deviations from the plan that is currently proposed given the diversity of our marsh and what changes might have occurred since the survey was completed. The Planning Commission heard this request and their vote was 4-0 to approve. Monty Parks made a motion to approve. Paul Wolff seconded. Discussion: Mr. Wolff stated for clarity, mayor and council have taken every precaution to have as little impact on the marsh as possible. The bike trail will be a great resource for the City not just for residents but for tourism as well. He stated that there will be no fill added to the marsh. Motion was unanimous, 6-0. Variance — consideration of request to place materials in a marsh — Burton 4-H Center, 9 Lewis Avenue / Zone E-C / PIN 4-0015-01-001. Dianne Otto approached mayor and council stating this is in the EC zone and does not require special review. She explained that originally this request come forward as a bulkhead and since that time it has developed into a living shoreline. The request would place, along the bank, a sloped geotextile material held by timber at the top and oyster shell bags would be put in place for the intent for it to become habitat for oysters and other marine creatures. Ms. Otto stated that the Planning Commission vote was to approve, 4-0. Tom Havens, Civil Engineer, approached mayor and council to address any concerns. Mr. Havens stated that the bank is eroding and in most places it is steeper than shown and will move it back to make it stable with the oyster bags as well as a re-vegetation project. He explained that timing is of the essence due to the oyster season. They would like to begin construction in February 2015. Mr. Wolff thanked Mr. Havens for his work with this variance. Paul Wolff made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. Revocable License/Indemnity Agreement/Public Property, Kathryn Williams. Dianne Otto approached mayor and council stating that staff is working to get in place revocable licenses for items on city property; one that has recently come to her attention is the dumpster enclosure for North Beach Bar and Grill. This is located on the Battery Wall opposite the restrooms. Staff is requesting authorization for a revocable license for that location. Mayor pro tem Doyle confirmed this request is much like the previous requests that have been brought 20141009CityCouncilPacket Page 9 of 210 20141002/jrl before mayor and council. Ms. Otto confirmed. Wanda Doyle made a motion to approve. Paul Wolff seconded. Vote was unanimous, 6-0. First Reading, 52-2014, Text Amendment; Article 7, Tree Ordinance; City of Tybee Island petitioner; consideration of requirements of trees. John Eric Schleicher approached mayor and council stating Jake Holcomb, Georgia State Certified Arborist who had done inventory work for the City in the past, agreed to review the current tree ordinance and how it is implemented. He stated that the Planning Commission heard this and their vote was to unanimously approve, 4-0. Mr. Schleicher stated that the new ordinance creates a tree board in which all city tree matters are heard by the Infrastructure Committee as trees are considered a public resource. He then read from the Staff Report (attached) where he outlined the Creation of a Tree Board, Minimum Canopy Requirement, Mitigation and the Significant Tree List. Mr. Wolff discussed the classification of the canopy trees and recommended that residents should not be restricted to only those choices of trees. Mayor Buelterman asked Ms. Otto to describe what would trigger a land disturbance permit. Ms. Otto stated that the land disturbance permit always applies to a commercial and is sometimes triggered if it is residential within 200 feet of state waters. Mayor Buelterman stated that the removal of any tree would trigger a land disturbing permit. Ms. Otto confirmed. Mayor Buelterman asked if you were removing a tree on the interior of the Island, would that trigger a permit. Ms. Otto responded yes. Mayor Buelterman stated that if you were doing anything to your property that would require removal of a tree that would trigger a permit. Ms. Otto confirmed. Mayor Buelterman thanked Mr. Schleicher for all his hard work in crafting the proposed ordinance. Mr. Brown asked Ms. Otto if he had a pine tree in his front yard, wanted to cut it down and wanted to leave the root, would that be considered land disturbing. Ms. Otto responded no as it would be considered tree removal. He feels the fines as outlined are high. Mayor pro tem Doyle thanked Mr. Schleicher for his work on the proposed ordinance but feels mayor and council do not need to dictate to the residents what their canopy has to be to include how many trees and the size of the trees. She stated that she disagrees with the species and agreed that it needs to be stricken. Ms. Otto confirmed. Mayor pro tem Doyle expressed her concerns with removing a dead tree and the permitting process. Mr. Garbett asked if there is an option where residents could appeal the amount of trees, size and type. He is also in favor of passing this ordinance on first reading and will forward his corrections and recommendations to Mr. Schleicher. Ms. Otto responded that in Sec 7-130 it addresses ways for alternative compliance and an appeal section, Sec 7-160. Mr. Wolff stated that the proposed ordinance is a move in the right direction and a good balance for the residents. Mayor Buelterman asked for clarification as would this apply to new construction or all land disturbances. Mr. Garbett, all tree removals. Mr. Wolff confirmed. Paul Wolff made a motion to approve. Bill Garbett seconded. Discussion: Mr. Wolff asked mayor and council to send any recommendations/corrections to Mr. Garbett for his review. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan and Bill Garbett. Voting against were Wanda Doyle and Barry Brown. Motion carried 4-2. First Reading, 42-2014; Text Amendment; Article 16, Stormwater Management; City of Tybee Island, petitioner; consideration of regulations for storm water. 20141009CityCouncilPacket Page 10 of 210 20141002/jrl Dianne Otto approached mayor and council to answer questions or concerns. Mayor pro tem Doyle asked Ms. Otto if the only changes are what are denoted in red print. Ms. Otto confirmed. Planning Commission approved this text amendment unanimously. Monty Parks made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. Consideration of Ordinances, Resolution 53-2014, Sec 2-78, Regular and special meetings. Wanda Doyle made a motion to approve. Paul Wolff seconded. Vote was unanimous, 6-0. First Reading, 26B-2014; Municipal Code, Sec 54-6, Road Warranty; City of Tybee Island, petitioner; consideration of requirements for street work. Mr. Wolff explained that this changes the bond fees from $600 to $750 and only two years not four regarding warranty. Paul Wolff made a motion to approve changing from 4 to 2 years, Section B. Monty Parks seconded. Vote was unanimous, 6-0. Council, Officials and City Attorney Considerations and Comments Mayor Buelterman outlined his intentions for a Resolution asking GPA to study the impacts of shipping channel and ship wake on north-end erosion rates. He stated that the study would cost more than the ultimate cure so therefore there will not be a study. He would like to contact the contractor for the upcoming re-nourishment to purchase excess sand, storing it somewhere off the beach until permits can be obtained and then placing it on the beach on the north-end. Mayor pro tern Doyle gave an update on the Public Safety Building. She explained that there was a small glitch with the limestone rock for the parking lot as it is not available at this time. The Public Safety Committee decided to go with granite crush-n-run as it is readily available. She described the construction site and asked for the patience from the residents as there will be road closures while the construction is winding down. Mayor pro tern Doyle stated that the proposed ribbon cutting will be December 11, 2014 at 4:15PM and would ask mayor and council to be at the Public Safety Building at 4:00PM. The Tybee Island Police Department has agreed to cook hot dogs and there will be other refreshments as well. She is also working on a guest list to include the media. Mayor Buelterman asked when the first council meeting will be held at the facility. Mayor pro tem Doyle responded December 11, 2014 moving forward. Paul Wolff made a motion to adjourn to Executive Session to discuss property acquisition and personnel. Rob Callahan seconded. Vote was unanimous, 6-0. Paul Wolff made a motion to return to regular session. Rob Callahan seconded. Vote was unanimous, 6-0. Paul Wolff made a motion to adjourn. Rob Callahan seconded. Vote was unanimous, 6-0. Meeting adjourned at 9:52PM. 20141009CityCouncilPacket Page 11 of 210 20141002/jrl Janet LeViner Clerk 20141009CityCouncilPacket Page 12 of 210 20141002/jrl Patti Smith 222 Druid Rd Savannah GA 31410 912-657-5575 September 19, 2014 Mr. Harvey Ferrell Chairman Tybee Island Beach Task Force Committee Hello Harvey, First, I would like to thank you for allowing me to present`my case'for Savannah Beach & Racquet Club to your committee. I have to say I was surprised,and pleased,with the attention paid to what I had to say. I left feeling that reasonable consideration and thoughtful comments were part of the discussion. I appreciate that very much. Attached is a resume of my work background. Tybee Island is a place I grew up. I skated on the pier when Pops Garis had the rink and the bowling alley underneath. I remember,in junior high,when Jody Bouche, set fire to the pier. As a kid and teenager,we came to the beach. Growing up,our church groups came to Tybee to play"Red Rover'. All of our high school events ended on Tybee with couples sneaking off to Ft.Screven. Over the years, I realized I didn't like the heat,the sun,the humidity or beach water but I still loved going to Tybee. I love Tybee during the fall and winter! Tybee has been very good to me and my family. After becoming Postmaster and getting to know the people in the community, I knew I would end my postal career in that position. I started my property management business and my son and his family began working with me. Now ... everything we do is on Tybee. It is and has been a great experience. I've never been involved in politics on the island. I've never participated with committees or projects on the island. I did organize and pull off a pretty impressive project after 9/11 with a savings bond drive at City Hall. Like everyone, I felt like something needed to be done to lift our spirits and our hearts and demonstrate our love and pride for our country. We did good I There was a considerable amount of details and `terms' spoken at the meeting this week that were totally Hebrew to me. The vast political reach and resources and knowledge required of your committee members are unfamiliar to me. I am very able to speak the words "I don't know". Whether or not I have the background or knowledge that would be beneficial to the Beach Task Force is for you to decide. I am willing to serve in any capacity that would be helpful. 20141009CityCouncilPacket Page 13 of 210 20141002/jrl I have been a property owner on the north beach for 10 years. All of the properties I manage are on the north beach. My north beach is about a mile from the north beach area where the Lighthouse is located. Property owners on the north beach pay the same taxes as the property owners on the south beach. I pay the same lodging tax as property owners on the south beach. Realistically, I fully understand why we don't have lifeguards or beach patrols like is found on the south beach area. Actually,that is one of the draws to our area. People enjoy the quiet and less crowded area. I have seen the beach activity increase in the past couple of years as public beach paths have been made,giving more public access. What brought me to your meeting was not understanding why the same consideration for beach re- nourishment was not given to'my north beach'as is given to other areas of the Tybee beach. High tide brings water within 100 feet of our complex. SBRC, alone, is$15M property. We have about 400 feet of beach frontage. Phase 3 is directly beside us with property of the same value. There is a serious problem with erosion. While I'm still searching for information, if, in fact, 2002 was the last time sand was trucked to our beach,that's 12 years instead of 6,since attention has been given to our area. That's even more concerning to me than when I presented 6 years. We are the same public beach as the south end and we have the same value of property to be protected as the south beach and north point area. I plan to attend the meeting on October 16, as an observer. I am interested in learning more about options that may be available to us. Please feel free to call if you have any questions. Again, I will be happy to serve the committee and the community in any way that you feel will be beneficial. I will not have my feelings hurt if you determine I may lack sufficient knowledge of background and history to be able to contribute to your efforts. I've very good at stuffing envelopes if you have projects that I may be helpful with. I'm retiring again effective January 1 and will only have my rental business after then. I will have time on my hands and am anxious to keep busy. Si,rrrr-�`__ / \ 41Ir»' Patti Smith 20141009CityCouncilPacket Page 14 of 210 201410020 Jeannie P Smith aka Patti Smith 222 Druid Road Savannah GA 31410 1912-657-55751 patti.smith@ comcast.net Own 2 condominiums in Savannah Beach&Racquet Club • John Marshall Law School 1982-course study in Wills and Probate • Savannah Business Academy 1970- 1971-Basic business course • Jenkins High School-graduated 1970 Work Experience 2002-PRESENT MANAGER,SAVA' NAH BEACH&RACUQUET CLUB TYBEE ISLAND 2002-PRESENT BOOKKEEPER,SAVANNAH BEACH&RACQUET CLUB TYBEE ISLAND 2007-PRESENT ADMINSTRATIVE ASST-BOOKEEPER SUMMER WINDS CONDO ASSN TYBEE ISLAND UNITED STATES POSTAL SERVICE 1982 TO 2013 1995-2013 POSTMASTER-TYBEE ISLAND 1991-1995 CONTRACTING OFFICER FOR CONSTRUCTION OF ABERCORN AND EIISEN 4 I OWER SOS' OFFICES- 1993-1995 MANAGER, EISENHOWER OFFICE 1992-1993 MANAGER, SOUTHSIDE OFFICE 1990-1991 DELIVERY SUPERVISOR, EISENHOWER OFFICE (WATER AVE) 1987-1990 DELIVERY AND BUDGET ANALYST-SAVANNAH SECTIONAL CENTER 1986-1988 SUPERINTENDENT POSTAL OPERATIONS-BEAUFORT SC 1985-1986 MAIL CARRIER-SAVANNAH ABERCORN OFFICE 1983-1985 CLERK-STi•ATESBORO GA 1982-1983 CLERK-SAVANNAH MAIN OFFICE 1978- 1982 PROPERTY MANAGEMENT 1976-1978 GEORGIA KAOLIN-SAVANNAH GA 1.972-1976 1,EGAL EDITOR-XEROX CORPORATION-JACKSONVILLE FL 20141009CityCouncilPacket Page 15 of 210 20141002/jrl MAYOR iT CITY MANAGER Jason Buelterman ti � " Diane Schleicher CITY COUNCIL CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern Janet LeViner Bill Garbett 4 ik CITY ATTORNEY Paul Wolff Rob Callahan Edward M. Hughes f Monty Parks 14,,E wow' Barry Brown 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: October 9, 2014 Item: Private Parking Lot—Commercial District Explanation: Tybee RE Operating Company, LLC dba Ocean Plaza Beach Resort-Private parking (new holding company) _ 1401 Strand Budget Line Item Number(if applicable): Paper Work: X Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to Ileviner(aacity oftvbee.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: Sharon S. Shaver Phone/Email:472-5072 I sshaver @cityoftybee.org Comments: Date given to Clerk of Council September 30, 2014 .0.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 (866)786-4573—FAX(866)786-5832 www.cityoftybee.org 20141009CityCouncilPacket Page 16 of 210 20141002/jr1 Gty orTyle use onlyr • New CITY OF TYBEE ISLAND Renewal_ j ' BUSINESS LICENSE APPLICATION Business Name Tybee RE Operating Company, LLC d/b/a Ocean Plaza Beach Resort -0 ,uR��IA Location 1401 Strand, Tybee Island, GA 31328 Mailing Address 269 Hanover Street. Unit 2. Hanover, MA 02339 Phone (781) 826-8824 Email ggistis @linchris.com Federal Ili# OrssN# 47-1337408 Sales Tax ID 20228111026 } NAICS Code 721110 Business Type(circle one): Sole Proprietor Partnership Corporation LLC Non-Profit Other: Names and Home Addresses of Owners,Partners or Corporate Officers Names Home Address City,Slate,Tap Title Christopher Gistis 128 Ryecroft Plymouth, MA President/Owner Glenn Gistis 1253 Canton Ave. Milton, MA 02186 Owner Jonathan Gistis 350 North St. , #802 Boston, MA 02113 Owner Describe the business you would like to license: PARKING Has this business or anyone connected with this business been cited or charged with any violation of Georgia Law,Federal Law,Local Ordinance,or any Rule or Regulation of the State Revenue Commissioner or any Rule or Regulation of the City or County within the past 12 months?(ode YES or NO(If YES,include details) No Any business that requires state licensing must present state license when applying. It is the applicant's responsibility to ensure zoning conformance. If there is a question as to whether the location is zoned con-ectly please contact the City Marshal at 912472-5098 or the Zoning Department at 912-472-5033. A schedule of regulatory fees is attached. Application for alcohol license requires a different form and city council approval. Application for live or recorded entertainment requires a separate form,annual review and city council approval. Are you transporting your customers/clients as part of your business?(Land or Water) No Any business that transports clients/cu F•mers must provide a proof of insurance,i. page showing expiration date.of policy. dit Applicant Signature ) �.�� Date Printed Name B, i t Lo hr, Ge rj r= r; agar Q Received by i Ji !i!iI d y r �= Date I , 2/1/V ROUTING APPROVAL BY DATE FEES City Manager/Administrator REQUIRED 1000 Occupational Tax 125.00 Zoning Approval REQUIRED 9999 Administration Fee 10.00 Insurance Policy Required for $ YES or NO Transpor®tian fee 2O141OO9CityCouncilPacket Page 17 of 210 2O141OO2/jrl '''..,,.... ‘ _. ' ...%:".-: A Ag 0 6 I 1 t VI i•-11 g i ;is, "1. :ii. , ■-,. CC. :* .11* IS 4 i rrA* !el ' .,A........-#41°1•11.11°er: ga 2 . ii ! I -4-- ,,,,..•< ...ice:. . . i E 6 6 1 I r* - i'l s-71 F.).ills i u : t5g. .0- z ---_-_t i J • rf77 , --) ill o 1 , r- -) 1 11 L 11 = ' .1 ____ -- ---,...--,,- i., i. _ ,, A ..1£.0c.0344-,-_ ...... ‘t k .... — -- I 'A 4.. -±...k_ • V iCtri _ N.,,,,„,..... 1 I it : - CC° Zab-r.,,,ri,s-i--, ---- ill t. - 4 • --- 46. t I z CZ ....,.... 1 f 11. W O US I mill ..... Ara OW — 1-- ..-,.... , .... . - - ' 1 'll • 1 I I- er i Leh , ,,,,, -4L.--..4.■.J.K. ,,,; i- 4 i--- ii- I- 64 1 i c .-. 4_ 1;3C1 07 I __.,- 2. .._L_,--e_ ...-. 4 R. 4.'" .- E F. . rz j to i- i ° .._ ' .„--- 1 ------E-- . _ - -a - 1 2..- ,‘".z1 -- - -.- 7../., t". I 1 t ,---. . Jr. - --1— - ra-1 - _7; :• I EfilI . 1 WI II, [11 N\ /0) --- -TEM --- rie-)1 .--•iiiilLIP4 `..i., No*. -t ' ' -4b. _ mas vr. WO" -•*---._*-. .L_. .1_, %\ •I ,rc-ozr — -- -- — 0.1: 41 un.: 7=-...• - "t ,,P1.. 1, N 4/41 .02 3CIN3AV m3i1ne 20141009CrtyCouncilPacket Page 18 of 210 20141002/0 MAYOR CITY MANAGER Jason Buelterrnan � c Diane Schleicher CLERK OF COUNCIL CITY COUNCIL +� . ,.` .,� �" Janet LeViner Wanda Doyle,Mayor Pro Tern Bill Garbett CITY ATTORNEY Paul Wolff , Rob Callahan `��, Edward M.Hughes Monty Parks i ti`' Barry Brown � ? 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: October 9, 2014 Item: Alcohol License Request: Beer/Wine/Sunday Sales—Package Sales: Beer and Wine Only-Gift Shop Explanation:_Tybee RE Operating Company, LLC dba Ocean Plaza Beach Resort-Market Place (new holding compa y_) 1401 Strand Budget Line Item Number(if applicable): Paper Work: X Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to ileviner(a;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: Sharon S. Shaver Phone I Email:472-5072 / sshaver@cityoftybee.org Comments: Date given to Clerk of Council September 30, 2014 .0.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 (866)786-4573—FAX(866)786-5832 www.eityoftybee.org 20141009CityCouncilPacket Page 19 of 210 20141002/y1 aty of Tier use only: CITY OF TYBEE ISLAND kenewat A BUSINESS LICENSE APPLICATION Licen.ce 41-=t67 Business Name Tybee RE O aerating Company, LLC d/b/a • Market Place _ Location 1401 Strand, Tybee Island, GA 31328 Mailing Address 269 Hanover Street. Una. 2, Hanover, MA 02339 Phone (781) 826-8824 Email ggistis:@l-inchris.com Federal Ili# Sales Tax ID NF�ICS Cade orssN# 47--1337408 20228111426 721110 Business Type(dude one): Sole Proprietor Partnership Corporation ill Non-Profit Other: Names and Home Addresses of Owners,Partners or Corporate Officers Names Home AdddressS City,State,Ziir Tide Christopher Gistis 128 Ryecroft Plymouth, MA President/Owner Glenn Gistis 1253 Canton Ave. Milton, HA 02186 Owner Jonathan Gistis 350 North St. , #802 Boston, MA 02113 Owner Describe the business you would like to license: Gift Shop Has this business or anyone connected with this business been cited or charged with any violation of Georgia Law,Federal Law,Local Ordinance,or any Rule or Regulation of the State Revenue Commissioner or any Rule or Regulation of the City or County within the past 12 months?(drab one) YES or NO(If YES,include details) NO Any business that requires state licensing must present state license when applying. It is the appl#oant`s responsibility to ensure zoning conformance. If there is a question as to whether the location is zoned correctly please conies the City Marshal at 912-472-5098 or the Zoning Department at 912-472-5033.-A schedule of regulatory fees is attached. Application for alcohol license requires a different form and city council approval. Application for live or recorded entertainment requires a separate form,annual review and city council approval. Are you transporting your customersfdients as part of your business?(l-and or Water) NO Any business that transports clients/customers must provide a proof of insurance,i.e.d age showing expiration date of policy. Applicant Signature Date V;A:/r Printed Name 4. Al • + ene4-1 / -na-er Received by I ' ,. _ ii_ Date ?(.7 ROUTING APPROVAL BY DATE City Manager/Administrator REQUIRED 1000 Occupational Tax 125.00 Zoning Approval REQUIRED 9999 Administration Fee 10.00 Insurance Poilcv Required for $ YES or NO $100.Traneporntion Fee 20141009CityCouncilPacket Page 20 of 210 20141002/jrl CITY OF TYBEE ISLAND fi . ALCOHOL LICENSE APPLICATION -I Application is hereby made for a license to do business within the City of Tybee Island as a dealer in alcoholic .' beverages as indicated below: LICENSE CLASSIFICATION FEE , CHECK Notice: The applicant Retail Beer/Wine—Package Sales Only,Consumption on Premises Prohibited $ 350 f for a license shall be a Retail Beer/Wine—Sale by Drink for Consumption on Premises Only 575 1 citizen a of the United Retail Liquor—Sale by Package Only,Consumption on Premises Prohibited 850 C`hath a County, t of Chatham Courrtl+, and Retail Liquor—Sale by Drink for Consumption on Premises Only 1,250 owner of the business Retell Liquor—Sale by Package&Drink both in One Building under One Ownership ] 2,000 _ or if a corporation, Sunday Sales—Sale by Drink for Consumption on Premises Only 150 partnership or other Sunday Sales—Package Sales Only _ 50 « legal entity is the Wholesale Beer 765 owner, a substantial Wholesale Liquor 1,500 and major sto-Jdiolder Wholesale Wine 150 or the applicant may be Distiller,Brewer,or Manufacturer of Alcoholic Beverages 300 the manager of the Special Event—Public or Private Property-Beer,Wine(no current license)per event 50 1 business charged with Special Event—Public or Private Property-Beer,Wine(no current license)3 days 100 J the regular operation of Special Event--Public.or Private Property-Beer,Wine(holding current license)per event 10 said business on the Special Event—Business Property—Beer,Wine,Liquor(no current license)per event 50 premises for which the Special Event—Business Property—Beer,Wine,Liquor(no current license)3 days 100 license is issued. Special Event--Business Property—Beer,Wine, Liquor(holding current license)per event 10 - Busines NameTybee RE Operating Company, LLC d/b/a Market Place Location 1401 Strand, Tybee Island, GA 31328 Mailing Address 269 Hanover St., Unit 2, Hanover, ,MA 02339 Phone (781) 826-8824 ' Emali ggistis@linchrris.com Names and Home Addresses of Owners, Partners or Corporate Officers with Ten Percent(10%)interest in Business Names(atach additional pages IF re,..ssaru) Date of Birth Home Addresses City,State,Zip social security# Christopher Gistis 3 `120 Ryecroft Plymouth, MA 1 Glenn Gistis 11253 Canton Ave. Milton, MA 0218 -Jonathan Gistis i___ _ "4350 North St. , #802 Boston, MA 02 13 If special event,date(s)of event N/A Name of event N/A Is business inco,porated? NO State of Incorporation_ N/A''- Date Incorporated N/A Names of landlord of the business location See Attached Addre. See Attached Phone Att3Clled. What other business is conducted at this location?_ Hotel with restaurant and gift shop Has application been made for required State and Federal Licenses? Must obtain local_ license first Has applicant,any person connected with,or any person having an interest in this business: o ever been convicted of any violation of law other than for a L efic violation? NO o ever served time in prison or other correctional institution?•' NO - o ever had an alcohol beverage license suspended or revoked at any time in any loon? _ No (if answer is yes,give details) If this application is for RENEWAL of an eadsiing license,enter License Number of existing license N/A - If business is an eating establishment,are SUNDAY sales of alcoholic beverages contemplated? Yes If yes,submit additional affidavit. ALL OF THE FOREGOING INFORMATION IS HEREBY GIVEN AND ALL OF THE FOREGOING STATEMENTS ARE HEREBY MADE ON OATH WILLFULLY, KNOWINGLY,AND ABSOLUTELY,AND THE SAME IS AND ARE HEREBY SWORN TO ME TO BE TRUE UNDER PENALTY OF LAW. Applicant Signa Date / _„2/4 ,,e, Approval Signature Daa City manager Sworn to and subsciibed before me this 12th day of Se. • . 7-41 Zoning ___ - Pace RRIEZL,E- q$ coal I I . Notary Public NoWyNtitChatmeowilyriaA WCamrimicrEgiuftnary2t2M5 20141009CityCouncilPacket •Page 21 of 210 20141002/jrl The CONSENT FORM is required for ALL alcohol license applicl ans. CONSENT FORM I HEREBY AUTHORIZE THE TYBEE ISLAND POLICE DEPARTMENT TO REQUEST ANY CRIMINAL BACKGROUND HISTORY RECORD INFORMATION PERTAINING TO ME WHICH MAY BE IN THE FILES OF ANY STATE OR LOCAL CRIMINAL 3USTICE AGENCY. BE IT FURTHER UNDERSTOOD THAT THE PURPOSE OF OBTAINING THIS INFORMATION IS TO SATISFY THE REQUIREMENTS SE I FORTH BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND, REGARDING AN ALCOHOL BEVERAGE LICENSE APPLICATION, Brett Loehr M - FULL NAME(PRINT) SEX / RACE / DATE OF BIRTH 1 Wigmore Circle - _ ADDRESS SOCIAL SECURITY NUMBER Savannah, GA 31410 . �� CITY,STATE,ZIP / DATE /1/0 6.5P1 I M4S,D/ ' ?-/, -/y The ACKNOWLEDGEMENT is required for all LIQUOR BY THE DRINK alcohol license applications. ACKNOWLEDGEMENT I declare knowledge and understanding of Municipal Code Section 58-BO: There is levied an excise tax on the sale of distilled spin : '•- • 'nk in the amount of three percent of the charge to the pubic for the beverage. Y.- SIGNATU• DATE The AFFIDAVIT is required if SUNDAY SALES of alcohol for consumption on premises are contemplated. Food and beverage sales records prepared by a CPA are required to be furnished to the City upon request. STATE OF GEORGIA COUNTY OF CHATHAM CITY OF TYBEE ISLAND AFFIDAVIT i:, Brett Loehr , do hereby make this affidavit to be part of my application for an alcohol beverage license in the City of Tybee Island to sell distilled spirits, malt beverages and/or wine for the consumption on the premises in my eating establishment on Sunday. Said establishment is located at 1401 Strand, ,Tybee Island, Georgia. Tybee RE Operating Company, LLC ./b/a I am the General .Manager of the establishment known as Ocean Plaza Beach Resort — bruffiLk e-T "Live I hereby further state that at least fifty percent (50%) of the total annual gross food and beverage sales are derived from the sale of prepared meals or food. //"/''' './, SIr _ DATE i Approved Denied A f of Police i x AIM 7 / .4/ef =...■..11W 20141009CityCouncilPacket Page 22 of 210 20141002/jr1 MAYOR CITY MANAGER Jason Buelterman - Diane Schleicher CITY COUNCIL { p° , CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern Janet LeViner Bill Garbett Paul Wolff CITY ATTORNEY ' Rob Callahan r Edward M. Hughes Monty Parks w*`I' Barry Brown 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: October 9. 2014 Item: Alcohol and Entertainment License Request: Liquor/Beer/Wine/Sunday Sales -Entertainment Explanation: _Tybee RE Operating Company, LLC dba Ocean Plaza Beach Resort-Dolphin Reef(new holding company) 1401 Strand Budget Line Item Number(if applicable): Paper Work: X Attached* AudioNideo Presentation** * Electronic submissions are requested but not required. Please email to i levinerl`a;:citvofty bee.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: Sharon S. Shaver Phone/Email:472-5072 / sshaver7a,cityoftybee.org Comments: Date given to Clerk of Council September 30, 2014 .0.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 (866)786-4573—FAX(866)786-5832 www.cityoftybee.org 20141009CityCouncilPacket Page 23 of 210 20141002/jr1 City of Tybee use only Cpi •.at ',r"'Y;- New CITY OF TYBEE ISLAND Renewal BUSINESS LICENSE APPLICATION e# , 561 Business Name Tybee RE Operating Company, LLC d/b/a Ocean Plaza Beach Resort - Dolphin Location 1401 Strand, Tybee Island, GA 31328 Flailing Address 2.' anover Street Ti 2 H_nover MA 0233' Phone (781) 826-8824 Email ggistis @linchris.com Federal ID# Sales Tax IO NAIC5 Dade flr55l+i# 47-1337408 20228111026 721110 Business Type(cirleone): Sole Proprietor Partnership Corporation ill, Non-Profit Other: Names and Home Addresses of Owners,Partners or Corporate Officers Names Home Address City,State,Zip Title Christopher Gistis 128 Ryecroft Plymouth, MA President/Own-r Glenn Gistis 1253 Canton Ave. Milton, MA 02186 Owner Jonathan Gistis 350 North St. , #802 Boston, MA 02113 Owner Describe the business you would like to license: Hotel with restaurant Has this business or anyone connected with this business been cited or charged with any violation of Georgia Law,Federal Law,Local Ordinance,or any Rule or Regulation of the State Revenue Commissioner or any Rule or Regulation of the City or County within the past 12 months?(cien YES or NO(If YES,include details). No Any business that requires state licensing must present state license when applying. It is the applicant's responsibility to ensure zoning conformance. If there is a question as to whether the location is zoned correctly please contact the City Marshal at 912-472-5098 or the Zoning Department at 912-472-5033. A schedule of regulatory fees is attached. Application for alcohol license requires a different form and city council approval. Application for live or recorded entertainment requires a separate form,annual review and city council approval. Are you transporting your customers/clients as•art of your business?(Land or Water) No Any business that transports clients/customers must provide a proof of insurance,i.e.decl- •i. •••e showing expiration date of policy. Applicant Signature A. --r.` Date - 1/4111 - Printed Name B e? :Loehr Genera' er Alf Received by I `rf. j.( P Mgt, �-- Crate 1 I ROUTING APPROVAL BY DATE FEES City Manager J Administrator REQUIRED 1000 Occupational Tax I?5.00 Zoning Approval REQUIRED 9999 Administration Fee 10.00 Insurance Policy Required for $ YES or NO $100.Transportation Fee 20141009CityCouncilPacket Page 24 of 210 20141002/jr1 CITY OF TYBEE ISLAND ALCOHOL LICENSE APPLICATION i a„,-,) Application is hereby made for a license to do business within the City of Tybee Island as a dealer in alcoholic beverages as indicated below: LICENSE CLASSIFICATION FEE CHECK Notice: The applicant Retail Beer/Wine—Package Sales Only,Consumption on Premises Prohibited $ 350 for a license shall be a citizen of the United Retail Beer/Wine Sale by Drink for Consumption on Premises Only 575 X States a resident of Retail Liquor—Sale by Package Only,Consumption on Premises Prohibited 850 • Chatham County, and Retail Liquor—Sale by Drink for Consumption an Premises Only 1,250 X - owner of the business Retail Liquor—Sale by Package&Drink both in One Building under One Ownership 2,000 or if a corporation, Sunday Sales—Sale by Drink for Consumption on Premises Only 150 x partnership or other Sunday Sales--Package Sales Only 50 legal entity is the Wholesale Beer 765 , owner, a substantial Wholesale Liquor 1,500 and major stockholder Wholesale Wine 150 or the applicant may be Distiller,Brewer,or Manufacturer of Alcoholic Beverages 300 the manager of the Special Event—Public or Private Property-Beer,Wine(no current license)per event 50 business charged with Special Event—Public or Private Property-Beer,Wine(no current license)3 days 100 the regular operation of Special Event—Public or Private Property-Beer,Wine{holding current license)per event 10 said business on the Special Event—Business Property—Beer,Wine, Liquor(no current license)per event 50 premises for which the Special Event—Business Property—Beer,Wine, Liquor{no current license)3 days 100 license is issued. Special Event—Business Property—Beer,Wine, Liquor{holding current license)per event 10 Business.Nam eTybee RE Operating Company, LLC d/b/a Ocean Plaza Beach Resort - Dolphin Reef Location 1401 Strand, Tybee Island, GA 31328 Mailing Address 269 Hanover St. , Unit 2, Hanover, MA 02339 Phone (781) 826-8824 Email ggistis@linchris.com Names and Home Addresses of Owners,Partners or Corporate Officers with Ten Percent(10%)IntereSL in Business Names(attach additional pages IF necessary) Date of Birth Home Addresses City,State,Zip Social Security Christopher Gistis 120 Ryecroft Plymouth, MA _- Glenn Gistis 1253 Canton Ave. Milton, MA 02186 I Jonathan Gistis 1350 North St. , #802 Boston, MA 02 .13 If special event,date(s)of event N/A Name of event N/A Is business incorporated? NO State of Incorporation N/A'' Date Incorporated N/A Names of landlord of the business location See Attached Address See Attached phone Attached.' What other business is conducted at this location? Hotel has restaurant and gift shop Has application been made for required State and Federal Licenses? Must obtain local license first Has applicant,any person connected with,or any person having an interest in this business: ever been convicted of any violation of law other than for a traffic violation? No a ever served time in prison or other correctional institution? No o ever had an alcohol beverage license suspended or revoked at any time in any location? No - (if answer is yes,give details) If this application is for RENEWAL of an existing license,enter License Number of existing license N/A If business is an eating establishment,are SUNDAY sales of alcoholic beverages contemplated? Yes If yes,submit additional affidavit_ ALL OF THE FOREGOING INFORMATION IS HEREBY GIVEN AND ALL OF THE FOREGOING STATEMENTS ARE HEREBY MADE ON OATH WILLFULLY, KNOWINGLY,AND ABSO '=D THE SAME IS AND ARE HEREBY IIRN Ti ME TO BE TRUE UNDER PENALTY OF LAW. oe Applicant Signature .. / Date 02-- de Approval Signature Date i y �h I( coy nsanager I .m to and su cribed before me this da of 1.2 .LU Zoning '�• .,,�f Police HARPIF r j HARRIS City Council Nov ry blic r No Nit, ,G 1iy i ury 21,2015 20141009CityCouncilPacket Page 25 of 210 20141002/jr1 V CITY OF TYBEE ISLAND Fee $50 A bit penalty of runs g -,. ENTERTAINMENT LICENSE APPLICATION shall armed a renewal palvn nt made `'4 x.,» „`,< Chanter 34,Article VII. Entertainment Licenses after March 31, Business Name Tybee RE Operating.-,Company, LLC dba Ocean Plaza Beach Resort - Dolphin Reef Business Location 1401 Strand, Tybee Island, GA 31328 Mailing Address 269 Hanover Street, Unit 2, Hanover, MA 02339 Business Phone (781) 826-8824 Other Phone Email ggistis @linchris.com Federal lD# 47-1337408 State Sales Tax ID# NAILS Code 721110 Business Type(circle one): Sole Proprietor Partnership Corporation LLC Non-Profit Other: Names and home addresses of Owners,Partners or Corporate Officers Name Home Address City,State,Zip Title Christopher Gistis 128 Ryecroft Plymouth, MA President/Owner Glenn Gistis - 1253 Canton Ave. Milton, MA 02186 Owner Jonathan Gistis 350 North St. , No. 802 Boston, MA 02113 Owner 1 The nature of any and all commercial activities conducted at the location: i HOtel with restaurant and gift shop Proposed hours of operation: N/A Describe any efforts to mitigate impacts on neighbors or occupants of nearby properties: N/A Contact information for the designated manager or contact person available twenty-four hours a day for any operational issues. The license holder must notify the City of Tybee Island immediately of any change to this designated contact information. Name Physical Address Phone Brett Loehr 1 Wigmore Circle, Savannah, GA 31410 802-272-2011 Has this business or anyone connected with this business been cited or charged with any violation of Georgia Law,Federal Law,Local Ordinance,or any Rule or Regulation of the State Revenue Commissioner or any Rule or Regulation of the City or County within the past 12 months?(vide one) YES or NO (If YES,list details below) NO X Applicant Signature 1 1-•-----�� Pete /02 �,/ Printed Name Br-t Loehr, Gene/1.1 A4at}ager -- J ///Re ived 6y _J.� A_1 nom e ' , t ey Date ROUTE APPROVE or DENY SIGNATURE DATE RECOMMENDED RESTRICTIONS/CONDITIONS City Manager Planning&Zoning Mgr, Police Chief Fire Chief Mayor/City Council Date of consideration: Approved with restrictions or conditions: Reason for denial: I Date mailed to applicant: 403 Butler Avenue, P.O. Box 2749,Tybee Island, Georgia 31328-2749 (912) 786-4573 FAX(912) 786-5832 www,citvoftvbee.org 20141009CityCouncilPacket Page 26 of 210 20141002/jrl The CONSENT FORM is required for ALL alcohol license applications. - CONSENT FORM I HEREBY AUTHORT7F THE TYKE ISLAND POUT DEPARTMENT TO REQUEST ANY CRIMINAL BACKGROUND HISTORY RECORD INFORMATION PERTAINING TO ME WHICH MAY BE IN THE FILES OF ANY STATE OR LOCAL CRIMINAL JUSTICE AGENCY. BE IT FURTHER UNDERSTOOD THAT THE PURPOSE OF OBTAINING THIS INFORMATION IS TO SATISFY THE REQUIREMENTS SET FORTH BY THE MAYOR AND COUNCIL OF THE QTY OFTYBEE ISLAND,REGARDING AN ALCOHOL BEVERAGE LICENSE APPLICATION. Brett Loehr M W — FULL NAME(PRINT) SEX if RACE if uAtt err L}tR[H I Wigmore Circle ADDRESS SOCIAL SECURITY NUMBER Savannah, GA 31410 r�CM',STATE,ZIP / DA , -J1J A; y The ACKNOWLEDGEMENT is required for all LIQUOR BY THE DRINK alcohol license applications. ACKNOWLEDGEMENT I dedare knowledge and understanding of Municipal Code Section 58-80: There is levied an excise tax on the sale of distilled spirits :.- nk in the amount of three percent of the charge to the pub' for the verage. IGNATURE _ DATE The AFFIDAVIT is required if SUNDAY SALES of alcohol for consumption on premises are contemplated. Food and beverage sales records prepared by a CPA are required to be furnished to the Cty upon request. STATE OF GEORGIA COUNTY OF CHATHAM CITY OF TYBEE ISLAND AFFIDAVIT Brett Loehr , do hereby make this affidavit to be part of my application for an alcohol beverage license in the Qty of Tybee Island to sell distilled spirits, malt beverages and/or wine for the consumption on the premises in my eating establishment on Sunday. Said establishment is located at 1401 Strand, Tybee Island, Georgia. Tybee RE Operating Company, LLC c/bfa I am the General Manager of the establishment known as Ocean Plaza Beach Resort - Dolphin Rddf I hereby further state that at least fifty percent (50%) of the toil annual gross food and beverage sales are derived from the sale of prepared meals or food. 77/ /d1P ./7 litigraA1116.61111 DATE Approved X Denied Chief of Police 20141009CityCouncilPacket Page 27 of 210 20141002/jrl MAYOR CITY MANAGER ' Jason Buelterman ,4 , Diane Schleicher CITY COUNCIL ;' CITY CLERK Wanda Doyle,Mayor Pro Tern ,'4 Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett Edward M.Hughes Monty Parks �!f, fi` `s, Paul Wolff t 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: October 9, 2014 Item: Contract Explanation: MCCi, a subsidiary of Municipal Code Corporation; for scanning/indexing rolled plans from the archive room for the Planning& Zoning Department; $5,000 for fiscal year 2015 Budget Line Item Number (if applicable): 100-7220-52-1300, Contract Services Paper Work: Ai Attache& 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: The City Attorney facilitated a needed contract language change. He approved the language of the attached contract on September 29, 2014. Date given to Clerk of Council: September 29, 2014 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX(866) 786-5737 City of 11 Ethics y� www.cityoftybee.org �r LS. 20141009CityCouncilPacket Page 28 of 210 201 4'f002/jrl -r4c ExperienceExcellertce R CEIVED Municipal Code Corporation PO Box 2235 •Tallahassee, Florida 32316 TELEPHONE (770)313-9782 • FAX(850) 701-0715 Nathan Hansard,Account Executive • extension 1720 • NHansard(tmccinnovations.com September 29, 2014 Ms. Dianne Otto Planning and Zoning Manager City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 Dear Ms.Otto: Thank you for speaking with me recently regarding Scanning and Indexing your records and our archiving services for your permanent records. Per our conversation we have included a Proposal for scanning your documents so you have a searchable archived copy of your records. Our Scanning and Indexing service provides many benefits including: Full Search Features—Your typed documents will be fully searchable through the run-time CD equipped with the Laserfiche software. This powerful searching includes general text searching as well as date searches. Both of these searches can be combined to find documents instantly from your desk versus spending countless hours manually searching through your hard copy records. 7 Back File Document Management/Processing—One of the consistently growing issues our customers are facing is how to get their documents caught up to a point they can work from a complete "day forward" process within Laserfiche. By outsourcing the scanning of your records, for use in Laserfiche with MCCi,you will have access to electronic records much sooner. Disaster Recovery—By scanning and indexing your documents, you will no longer have to depend on the hard copies for finding information. This can be extremely valuable in the event of a disaster and your records were unobtainable temporarily or permanently. If you have any questions concerning our proposal or desire additional information, please do not hesitate to contact me on our toll-free number. We appreciate your interest and hope that we will have the pleasure of working with you and continuing to serve the City of Tybee Island. Sincerely, Nathan Hansard Account Executive 20141009CityCouncilPacket Page 29 of 210 20141002/jrl Quotation Sheet SCOPE OF SERVICES AND PROJECT PRICING The Client will furnish MCCI for its use in preparing the document imaging project all hardcopy/electronic documents to be converted. PROJECT SCOPE–All estimates are based on information provided by the client • General Description Department: Planning/Building Department Document Types: Building Plans—Large Format Commercial Image Counts: See Document Breakdown on follow page for full synopsis:. • Estimated Large Format: - Commercial 3,915 • Document Preparation Current Storage Method: Rolled Plans- Neatly Boxed Condition of documents: Good • Image Processing DPI & Color: 300 DPI, Black&White Indexing Requirements: Optical Character Recognition Not Included • Image Output Media: Output &Content: Laserfiche Briefcase • Material Handling Shipping Logistics: MCCi Pickup 20141009CityCouncilPacket Page 30 of 210 20141002/jrl DOCUMENT BREAKDOWN Indexing Requirements: • Project Name • Permit# • Address Indexing information for each plan will be located on outside of plan written in Black. Rolled Plans on Shelves in Boxes • Rolls Total o 261 Rolls o 15 Images per Roll • Estimated total of 3,915 Total Images PROJECT PRICING The Client will furnish MCCi for its use in preparing the document imaging project all hardcopy electronic documents to be converted. Prices listed are per image/per job. If the project is broken up into multiple parts the volume pricing must be broken up as well. Conversion of Large Format Documents up to 42"Wide, Black and White, 300 dpi: • 0—1,000 images=$1.25 • 1,001 -5,000 images=$1.20 • 5,001 - 15,000 images= $1.15 • 15,001+ images=$1.10 Shipping Expenses: • $10 per box pickup and $10 per box delivery Special notes: Based upon the estimated project scope and assuming the entire project is completed at once the expected total project cost would be$4,698, although final pricing will be determined by actual final image count. The pricing terms listed are in effect for 3 years from signed contract date.At the completion of the 3 year term the agreement can be modified and/or extended as needed. The volume based per image prices are on a per job basis, if the job is broken up into multiple parts the volume pricing must be broken up as well. Any projects requiring modifications to the outlined scope such as heavy document prep, documents of very poor quality, additional index fields or on-site projects may require modifications to listed pricing. PAYMENT& BILLING TERMS MCCi will invoice project on a monthly schedule, based on deliverables(via Electronic media or the internet). Payment is due upon receipt of an invoice. 20141009CityCouncilPacket Page 31 of 210 20141002/jrl MCCi,a Limited Liability Company and subsidiary of MUNICIPAL CODE CORPORATION,which is duly organized and existing under the laws of the State of Florida,hereinafter referred to as MCCI,hereby offers the Laserfiche Software&Services to the CITY OF TYBEE ISLAND,GA, a corporation duly organized and existing under state law,hereinafter referred to as the Client,according to the following terms and conditions. MCCI DOCUMENT SERVICES—INDEXING SERVICES. Once MCCI has received your documents,the following process will occur according to the terms laid out in MCCi's pricing proposal and may vary according to services selected. CONSULTATION. A Consultation will be scheduled via a telephone conference after receipt of signed contract. This consultation is designed to go over the following:the signed contract and terms,folder structure,current searching methods,document naming scheme,document preparation requirements,and document shipment and/or pick up. DOCUMENT PREPARATION. If you decide to send paper documents to MCCI,the process of document preparation begins with removing any materials that may prohibit the document from being fed through the scanner(i.e. Removal of documents from file folders,Removal of staples, paperclips,tape,clips,etc)and is described as Document Preparation. Upon completion of scanning,MCCi will organize the documents into their original order as received from the Client but not placed back into their file folders or reprepped unless specifically stated otherwise in the project scope. DOCUMENT ORGANIZATION&INDEXING. Based on the scope of the project and outcome of your consultation,MCCI will organize and index your documents. Each project will have its own required organization and indexing requirements.Our project management team will work with the Client to identify those requirements. Prior to project kickoff we will send the Client example template cards and file-tree structure for their approval.Or,if the Client already has existing Laserfiche template cards created for a specific document series,they can send us that template via Laserfiche Briefcase. DOCUMENT QUALITY CONTROL. MCCi performs a thorough quality control process after the job has been completed. Each scanned image is inspected for quality,legibility,and accuracy. Steps are taken to ensure each document has been captured,the quality of the scanned image is comparable to the original,and all manual indexing errors have been corrected. MCCi cannot be accountable for records not reflected in original inventory report as provided by Client. MCCi will correct only those discrepancies reported within 90 days after delivery of hard copy materials. DOCUMENT STORAGE. MCCi's facilities contain secure rooms for hardcopy"work in progress"document storage that are designed to prevent damage from natural disasters. MCCI will arrange for the return of hardcopy documents to the client after completion of scanning. If documents reside at MCCi facilities for a period longer than 90 days after a request for delivery has been made,storage charges will apply. MCCI is not responsible for maintaining permanent archive and accepts no responsibility to loss of electronic data. FUTURE UPDATES. The Client can provide MCCI additional documents after completion of initial project. The updates can be on a schedule,or as desired by the Client. The Client shall forward to MCCi copies of the final documents via e-mail,certified mail carrier,or through the MCCI pick up and delivery service(offered in select states only). At each update,the Client may elect to purchase an updated version of their records on electronic media. All copies will be disposed of within 60 days upon completion of work. Original documents will be returned to the Client. ENTERPRISE WIDE SCANNING SERVICES. In accordance with the terms and conditions as laid out here within,MCCi can provide any department in the organization with scanning services for documents other than those described in Section I of the pricing proposal. All costs are volume based and can be provided upon request. MCCi will consult with each department interested in beginning their own project to determine individual scanning and indexing needs. MICROFILM&FICHE CONVERSION SERVICES.MCCi offers electronic conversion services for microfilm,microfiche,and aperture cards.The Client will provide MCCi with data to be converted to electronic format. MCCI will extract the images contained on the film/fiche and migrate them to Laserfiche or to another industry standard format as requested by the Client. The images will be captured based upon the reduction ratio and threshold between the beginning and ending of new images on the original film. MCCi is not responsible for the accuracy of existing image quality, such as black borders,skewed images,blurry images,non-legible images,or other errors that are not controllable by MCCI. Unless otherwise specified in the project scope,MCCi will index by the roll/card number or unique identifier. LASERFICHE SEARCH ENGINE CD/DVD AND MINIMUM HARDWARE REQUIREMENTS. MCCi will integrate the documents with the LaserFiche Software to provide the Client with the most powerful index retrieval search engine available with the following features:intuitive browse window, index cards,and full text word search. MCCI will provide the Client with the appropriate media containing all documents scanned and integrated with Laserfiche. The Laserfiche version 8 software requires the use of Windows XP(Service Pack 2),Windows Server 2003(Service Pack 1), Windows Vista(Service Pack 1),Windows Server 2008,Windows Server 2008 R2,or Windows 7 to access the CD/DVD. ONLINE DOCUMENT HOSTING. MCCI will post the documents to the web for a minimal annual fee. MCCi provides the Client with a direct link which can then be linked to the Client's website for public access if desired. Document storage cost is determined upon actual image count. All documents on the site are integrated with a search engine,and updates are incorporated as the database is amended. PROJECT TIMELINE. MCCi will complete and deliver the project within the predetermined project timeline as agreed upon with the Client.Should MCCI require additional time,the Client will be notified immediately. DOCUMENT TRANSPORTATION. The client is required to package all materials per MCCi's instruction prior to delivery of materials to MCCi facilities. If the client chooses to utilize MCCi's pick up and delivery service(offered in select states),pricing is based on picking up the entire project described in the scope of services in one shipment. At the time of updating or if additional trips are required due to the Client not having all the documents ready for pick up,additional charges will be applied. If the client chooses to ship via a certified carrier,the client incurs all shipping costs. 20141009CityCouncilPacket Page 32 of 210 20141002/jrl PRICING. Charges apply on a per project basis and are dependent upon size and volume of documents. MCCI requires having the entire project in bulk,rather than in small quantities. Breaking the project into smaller quantities will affect the volume pricing,and additional charges per image may apply. A sample may be required prior to confirming large volume job pricing. UNANTICIPATED DOCUMENT TYPES&SIZES. The prices quoted are made with the expectation that customer will properly prepare and annotate materials for scanning bureau use and that documents are consistent with the description provided in the scope of services. If documents are not as initially represented,additional charges will apply. MCCI will call for authorization to proceed with the project. LASERFICHE SYSTEM CUSTOMERS. Due to requirements by Laserfiche systems regarding the importing of images and indexing information,it is highly recommended that Clients who already have a Laserfiche system have their documents scanned using only Laserfiche software. This will ensure that all associated indexing information will be properly retained after the importing of images into the Laserfiche system. MCCi has knowledge of the software versions,indexing requirements,and compatibility issues for each of our Laserfiche system clients. For these reasons, MCCi should be considered as a Sole Source provider for scanning services. MCCI CERTIFIED PARTNERS. MCCi maintains partnerships for the purpose of additional capacity and flexibility in meeting client expectations. In the event partners are used for a project,the management and support of the project is handled directly by MCCi. AGREEMENT EXTENDED TO OTHER GOVERNMENTAL UNITS.MCCi agrees to allow any other Government agency to purchase items at the same terms,conditions and pricing as this contract during the period of time that this contract is in effect. Minor changes in terms and conditions may be negotiated by MCCi and participating Government agencies. Any orders issued against this agreement shall be the sole responsibility of the Government agency placing the order. It is understood that the Client shall incur no financial responsibility in connection with any purchase by another Government agency. TERMINATION. The services provided in this agreement will be in full force and effect for a period of three(3)years from the date of shipment of the completed product to the organization. Thereafter,this agreement will be automatically renewed from year to year,provided that either party may alter or cancel the terms of this agreement upon sixty(60)days°written notice. INITIAL TERM AND EXTENSION OF AGREEMENT. The initial term of this Agreement shall be from the effective date until the close of the calendar year in which it was executed. Thereafter,this Agreement shall automatically renew for a period of one year ending at the closing of each succeeding calendar year for which it may be renewed without further action by the parties, unless either party gives written notice to the other of its intent not to renew at least ninety(90)days prior to the end of the then current term or renewal period. FORCE MAJEURE.Neither party shall be liable for any delay or failure in performance due to causes beyond its reasonable control. CLIENT FINANCIAL SOLVENCY/BANKRUPTCY. MCCI may require payment in advance for products and services in response to learning of financial solvency or bankruptcy issues. LIMITED LIABILITY. In no event shall MCCi's total liability to the client exceed the project fees paid to MCCi by the client. PAYMENT&BILLING TERMS. MCCi will invoice project on a monthly schedule,based on deliverables(via Electronic media or the internet). Payment is due upon receipt of an invoice. 20141009CityCouncilPacket Page 33 of 210 20141002/jrl The terms of this agreement shall remain in force and effect for a period of ninety(90) days from the date appearing below, unless accepted by the Client. Submitted by: MCCi, a Limited Liability Company Date: September 29, 2014 By: (Signature) (Printed Name&Title) Witness: (Signature) Noted Items Accepted by: CITY OF TYBEE ISLAND,GA Date: By: (Signature) (Printed Name &Title) Witness: (Signature) (Printed Name&Title) 20141009CityCouncilPacket Page 34 of 210 20141002/jrl MAYOR MANAGER 4' . Jason Buelterman �y __._ _ .' • 6 Diane Schleicher ` CITY COUNCIL , CITY CLERK Wanda Doyle,Mayor Pro Tern � . Janet LeViner Barry Brown Rob Callahan f y CITY ATTORNEY Bill Garbett f Edward M.Hughes Monty Parks qtkm. u ,*$. Paul Wolff nt)onto*$ 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: October 9, 2014 Item: Public Hearing First Reading Explanation: Text Amendment—Ord. 54-2014. Section 3-070, Permissible Structures per Lot; Accessory Structures. City of Tybee Island, petitioner; consideration of electrical meter standards 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 I Email: (912) 472-5031 / dotto@cityoftybee.org Comments: Date given to Clerk of Council: September 26, 2014 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified* (866) 786-4573—FAX (866) 786-5737 , City of , Ethics if www.cityoftybee.org a� ��- 20141009CityCouncilPacket Page 35 of 210 2114fi,0641tr1 w ! PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: September 16, 2014 Project Name/Description: Section 3-070-electrical meters Action Requested: Text Amendment Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Variance Preliminary Plan Approval Map Amendment Final Plat Approval Text Amendment X Minor Subdivision Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: not applicable COMMISSIONER FOR AGAINST COMMENTS Bishop X Bossick X Bramble X Livingston X Major X second Marion Chair Bishop X motion to approve with addition of language to exempt meters for solar power generation The Planning Commission recommends: ppro al n Denial ❑ Continued Planning Commission Chair: Date: Z-i V Planning& Zoning Manager: . /.M Date: DC?- t '1 -loig-1- 20141009CityCouncilPacket Page 36 of 210 20141002/jrl Sec. 3-070. Permissible structures per lot; accessory structures. (A) Principle structure on a lot. Only one principle structure and its customary accessory structure are permissible per lot. Single-family residential lots shall be limited to one electrical meter. The one electrical meter standard shall not apply to solar power. Notwithstanding anything herein to the contrary, in C-I zoning districts, the property owner may petition the mayor and council for permission to allow an additional principle use structure per lot, provided the following conditions are met: (1) The property is one lot of 4,200 square feet or larger; (2) The proposed use of the additional structure is permitted in the C-1 zone and is compatible with the existing or proposed principle structure use; (3) The proposed use of the additional structure will further the needs of the owners or residents of the principle structure of the general population; (4) All other requirements of the Land Development Code are met, including but not limited to, setback, greenspace, drainage, height limits, etc.; and (5) The permitted additional structure must be restricted to the use approved by the mayor and council and may not be changed without approval by the mayor and council. (B) Detached accessory structures on commercial lots. A detached accessory structure in a commercial district is exempted from the schedule of regulations in section 3-090, but shall conform to the following regulations: (1) No detached accessory structure shall extend beyond the front building line of the principle structure except tents, umbrellas and enclosures. (2) No detached accessory structure shall be more than one story in height. (3) No detached accessory structure shall be located nearer than five feet to any lot line. (4) No detached accessory structure will reduce the amount of parking required for commercial sites as required in section 3-080 (5) No detached accessory structure will materially affect an approved drainage plan on an already improved site or increase the amount of run-off leaving the site in the event the site was improved without an approved drainage plan. Existing drainage for the principal structure will not be reviewed or required to be changed unless the approved drainage plan is not being followed. (6) No detached accessory structure shall be erected or installed without the proper approval from the designated city department. (7) Temporary enclosures. Temporary enclosures are permitted in commercial areas only. This includes any moveable, tent-like shelter intended to provide or actually providing protection from the elements for stored materials, vehicles, or other items, for which a building permit is not required and which a maximum size is 120 square feet. This would include temporary garages of tent-like construction, as well as tarpaulins of plastic or similar type materials supported by wooden or metal frameworks. Such temporary enclosures are to be considered structures under this section and, as such, are governed by the same setback requirements as other structures under this Land Development Code. Tents set up for special occasions, screenhouses, and other such seasonal, recreational enclosures are specifically exempted from this section unless they are used for storage as stated above after written approval from the designated City Department prior to placement. However, if this temporary enclosure becomes permanently anchored, it will be treated as a permanent structure and subject to all permitting requirements. (8) No temporary detached structure will be allowed on the residential use side(s) of a commercial lot where commercial and residential uses are adjacent. 09/25/2014 20141009CityCouncilPacket Page 37 of 210 20141002/jrl (C) Location of detached accessory structures on residential lots. A detached accessory structure in either a residential district or on any lot containing a principle structure whose first floor is used for residential purposes is exempted from the schedule of regulations in section 3-090, but shall conform to the following regulations: (1) No detached structure except a carport shall extend beyond the front building line of the principle structure. (2) No detached accessory structure shall be more than one story in height. (3) No detached accessory structure shall be located nearer than five feet to any lot line. A caretaker's cottage or guest cottage must meet the same front, side and rear setback requirements as required for a principle structure. (D) Location of attached accessory structures on residential lots. An attached accessory structure in either a residential district or on any lot containing a principle structure, the ground floor of which is used for residential purposes, shall be considered as an integral part of the principle structure and shall be constructed, altered or otherwise be developed in accordance with the regulations governing Flood Damage Prevention (Article 8) and side yard, rear yard and front yard setbacks for principle structures in the district. (E) Kiosks. A kiosk is considered a permanent structure for interpretation of the Land Development Code and ordinances of the city. A kiosk may be a principle structure or an accessory structure depending upon the circumstances existing on the property. A kiosk that is intended to operate as an independent business not associated with a principle structure or use shall require site plan approval. (F) Principle structures in the Maritime-District. Within the Maritime-District (M-D) more than one (1) principle structure shall be allowed for permitted uses with site plan approval and special review by the mayor and council. (Ord. No. 2002-11, 6-13-2002; Ord. Correction to dates, amended 4-14-2005; Ord. No. 2002-11 Accessory, amended 8-29-2002; Ord. No. 2010-01, 2-25-2010; Ord. No. 11-2011, 4-14-2011) 2 09/0812014 20141009CityCouncilPacket Page 38 of 210 20141002/jrl �T Lo-to--_ SECTION 3 Court(i ) GENERAL PROVISIONS Sec. 3-1 Interpretation and Application. Interpreting and applying these Regulations, the requirements contained herein are declared to be the minimum requirements necessary to carry out the purpose of these Regulations. Except as hereinafter provided these Regulations shall not be deemed to interfere with, abrogate, annul, or otherwise affect in any manner whatsoever any easements, covenants, or other agreements between parties. Whenever thee provisions of these Regulations impose greater restrictions upon the use of land or buildings, or upon the height of buildings, or require a larger percentage of lot to be left occupied than the provisions of other Ordinances, Rules, Regulations, Permits, or any Easements, Covenant, or other Agreements between parties, the provision of these Regulations shall govern. Sec. 3-2 Zoning Affects All Land and Buildings. No land, building, or structure shall be used, no building or structure shall be erected, and no existing building or structure shall be moved, added to, enlarge, or altered except in conformity with these Regulations. Sec. 3-3 Only One Principal Building or Use Upon Any Lot. Every building or use erected or established shall be located upon a lot as herein defined and, except as herein provided, there shall be no more than one principal building or use upon any lot. Single-family residential lots shall be limited to one electrical meter. Sec. 3-4 Reduction or Change in Lot Size. A lot as defined by this Ordinance which is occupied by a building or structure shall not be reduced or changed in size so that the total area, lot width, front, side, or rear setbacks, lot area, lot width, front, side, or rear building coverage, or other dimensions, area, or open spaces required by these Regulations, are not maintained unless such reduction is needed to provide land for public use. When two or more lots of record have been occupied by a building or structure as a single building site, and such building site has an area and a width equal to or less than the area and width required for lots as defined by this Ordinance for the zoning district in which such building site is located, then the area and/or width of such building site shall not be reduced except where such reduction is needed to provide land for a public purpose. The Board of Appeals shall not be authorized to vary this requirement. A lot shall not be divided so as to produce a tract of land which does not comply with the width and area requirements for a lot in the zoning district in which such lot is located, unless said tract 20 Revised 2/14/97 20141009CityCouncilPacket Page 39 of 210 20141002/jrl ORDINANCE NO. 54-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES RELATING TO SECTION 3-070, PERMISSIBLE STRUCTURES PER LOT; ACCESSORY STRUCTURES FOR THE CITY OF TYBEE ISLAND, GEORGIA, 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 amend the Code dealing with permissible structures per lot to clarify same and for other purposes, and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances, Section 3-070 is hereby amended so that hereafter the ordinance shall read as hereinafter provided. SECTION 1 Section 3-070, Permissible structures per lot; accessory structures, is hereby amended and it shall hereafter read as follows: Sec. 3-070. Permissible structures per lot; accessory structures. (A) Principle structure on a lot. Only one principle structure and its customary accessory structure are permissible per lot. Single-family residential lots shall be limited to one electrical meter. The one electrical meter standard shall not apply to solar power. Notwithstanding anything herein to the contrary, in C-I zoning districts, the property owner may petition the mayor and council for permission to allow an additional principle use structure per lot, provided the following conditions are met: (1) The property is one lot of 4,200 square feet or larger; (2) The proposed use of the additional structure is permitted in the C-I zone and is compatible with the existing or proposed principle structure use; (3) The proposed use of the additional structure will further the needs of the owners or residents of the principle structure of the general population; (4) All other requirements of the Land Development Code are met, including but not limited to, setback, greenspace, drainage, height limits, etc.; and (5) The permitted additional structure must be restricted to the use approved by the mayor and council and may not be changed without approval by the mayor and council. 20141009CityCouncilPacket Page 40 of 210 20141002/jrl (B) Detached accessory structures on commercial lots. A detached accessory structure in a commercial district is exempted from the schedule of regulations in section 3-090, but shall conform to the following regulations: (1) No detached accessory structure shall extend beyond the front building line of the principle structure except tents, umbrellas and enclosures. (2) No detached accessory structure shall be more than one story in height. (3) No detached accessory structure shall be located nearer than five feet to any lot line. (4) No detached accessory structure will reduce the amount of parking required for commercial sites as required in section 3-080 (5) No detached accessory structure will materially affect an approved drainage plan on an already improved site or increase the amount of run-off leaving the site in the event the site was improved without an approved drainage plan. Existing drainage for the principal structure will not be reviewed or required to be changed unless the approved drainage plan is not being followed. (6) No detached accessory structure shall be erected or installed without the proper approval from the designated city department. (7) Temporary enclosures. Temporary enclosures are permitted in commercial areas only. This includes any moveable, tent-like shelter intended to provide or actually providing protection from the elements for stored materials, vehicles, or other items, for which a building permit is not required and which a maximum size is 120 square feet. This would include temporary garages of tent-like construction, as well as tarpaulins of plastic or similar type materials supported by wooden or metal frameworks. Such temporary enclosures are to be considered structures under this section and, as such, are governed by the same setback requirements as other structures under this Land Development Code. Tents set up for special occasions, screenhouses, and other such seasonal, recreational enclosures are specifically exempted from this section unless they are used for storage as stated above after written approval from the designated City Department prior to placement. However, if this temporary enclosure becomes permanently anchored, it will be treated as a permanent structure and subject to all permitting requirements. (8) No temporary detached structure will be allowed on the residential use side(s) of a commercial lot where commercial and residential uses are adjacent. (C) Location of detached accessory structures on residential lots. A detached accessory structure in either a residential district or on any lot containing a principle structure whose first floor is used for residential purposes is exempted from the schedule of regulations in section 3-090, but shall conform to the following regulations: (1) No detached structure except a carport shall extend beyond the front building line of the principle structure. (2) No detached accessory structure shall be more than one story in height. (3) No detached accessory structure shall be located nearer than five feet to any lot line. A caretaker's cottage or guest cottage must meet the same front, side and rear setback requirements as required for a principle structure. (D) Location of attached accessory structures on residential lots. An attached accessory structure in either a residential district or on any lot containing a principle structure, the ground floor of which is used for residential purposes, shall be considered as an integral part of the principle structure and shall be constructed, altered or otherwise be developed in accordance with the regulations governing Flood Damage Prevention (Article 8) and side yard, rear yard and front yard setbacks for principle structures in the district. (E) Kiosks. A kiosk is considered a permanent structure for interpretation of the Land Development Code and ordinances of the city. A kiosk may be a principle structure or an accessory structure depending upon the circumstances existing on the property. A kiosk that is intended to operate as an 2 20141009CityCouncilPacket Page 41 of 210 20141002/jrl independent business not associated with a principle structure or use shall require site plan approval. (F) Principle structures in the Maritime-District. Within the Maritime-District (M-D) more than one (1) principle structure shall be allowed for permitted uses with site plan approval and special review by the mayor and council. 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. 3 20141009CityCouncilPacket Page 42 of 210 20141002/jrl ADOPTED THIS DAY OF , 2014. MAYOR A'I 1'EST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/54-2014 Sec 3-070 permissible structures 09.26.14 4 20141009CityCouncilPacket Page 43 of 210 20141002/jrl MAYOR ; 6- CITY MANAGER : Jason Buelterman 41.1■ Diane Schleicher CITY COUNCIL 1' CITY CLERK Wanda Doyle,Mayor Pro Tem 4 Janet LeViner Barry Brown Rob Callahan ' CITY ATTORNEY Bill Garbett Edward M.Hughes Monty Parks i ,.. .` 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: October 9, 2014 Item: Public Hearing--First Reading Explanation: Text Amendment—Ord. 55-2014. Article 2, Definitions. City of Tybee Island, petitioner; consideration of definitions Budget Line Item Number (if applicable): N/A Paper Work: L Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner @cityoftybee.org. 0* 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 30, 2014 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified* (866) 786-4573—FAX (866) 786-5737 , City of % Ethics if www.cityoftybee.org `�►�,, 41-11- 20141009CityCouncilPacket Page 44 of 210 20102/jr1 C lh pf[l PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: September 16, 2014 Project Name/Description: Article 2, Definitions Action Requested: Text Amendment Special Review _ Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Variance Preliminary Plan Approval Map Amendment Final Plat Approval Text Amendment X Minor Subdivision_ Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: not applicable COMMISSIONER FOR AGAINST COMMENTS Bishop X Bossick _ X Bramble X _ second Livingston X Major X motion to approve with changes as discussed Marion Chair Bishop X The Planning Commission recommends: j1 4 :: oval 0 Denial n Continued 1,PPI A, _ Planning Commission Chair: Date: i — t 1- - Z'i "- Planning & Zoning Manager: fOitAD Date: 09 -11 -204 20141009CityCouncilPacket Page 45 of 210 20141002/jr1 ARTICLE 2,DEFINITIONS Definitions to Add Awning means any shelter, cover, or projection extending beyond the outer face of the building wall, of either a rigid or non-rigid material, either collapsible, removable or of permanent rigid construction, designed and intended to be used for the purpose of shelter or protection for entrance and walkways. Commercial development means development for the purposes of any professional, commercial, or industrial undertaking. Driveway means a private way that provides vehicular access from a street to a parking area, garage, dwelling, or other structure or land use activity. Dune crossover means an elevated structure for pedestrian and bicycle access across an area of sand dunes. A crossover is preferable to a walking path to save vegetation and wearing down of the dune to allow for grass to grow underneath. Existing structure means a structure for which a legal building permit has been issued, or a structure erected prior to the date of adoption of the governing code. Existing use means the nature of a property or a structure. An existing use may be described using terms such as vacant, abandoned, residential, commercial, owner-occupied, rental, retail, lodging, and industrial, Frontage means the horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way. All sides of a lot that abuts a street shall be considered frontage. On curvilinear streets, the arc between the side lot lines shall be considered the lot frontage. Greenspace means land that is undeveloped and covered with grass, trees, shrubs, or other vegetation. Gross leasable floor area means the total floor area of a commercial building designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, expressed in square feet as measured from the center line of joint partitions and from outside wall faces. Guest room means any room with a private bath and private entrance from the outside, hall, corridor, or lobby, which may be rented as a single rental unit. Hardship means the circumstances where special conditions, which were not self-created or created by a prior owner, affect a particular property and make strict conformity with the restrictions governing dimensional standards (such as lot area, lot width, setbacks, yard requirements, or building height) unnecessarily burdensome or unreasonable in light of the purpose of this code. Unnecessary hardship is present only where, in the absence of a variance, no feasible use can be made of the property. House means structures occupied by people for the sole purpose of shelter and accommodations. 1 09/2612014 20141009CityCouncilPacket Page 46 of 210 20141002/jrl Industry means any activity involving the manufacturing or treatment or any commodity including the assembly, packaging, canning, bottling, or processing of any item. To change any commodity in composition, form, size, shape, texture, or appearance is deemed to be an industrial process. Intersection means the area, whether or not signalized,within which vehicles traveling upon different roadways joining at any angle might collide. Living area means the area of a dwelling unit, enclosed, which is protected from the elements and heated, including interior halls, closets, and utility and storage areas,but excluding garages, carports, screened porches, unenclosed, and unheated areas. Lot line means the property line, abutting right-of-way line, or any line defining the exact location and boundary of a lot. Maintenance means an activity that restores but not changes the character, scope, size, or design of a serviceable area, structure, or land use to its previously existing, authorized, and undamaged condition. Narrow means for variance purposes a lot width of less than the 60 feet as required for a residential lot in Section 10-080(F)(6). A commercial lot does not have a narrow standard. Nuisance means anything, condition, or conduct that endangers health and safety, or unreasonably offends the senses, or obstructs the free use and comfortable enjoyment of property, or essentially interferes with the comfortable enjoyment of life. Pervious means admitting of precipitation to infiltrate the surface or ground. Principal structure means the building or structure in which the principal use of the lot is conducted. This shall include any buildings which are attached to the principal structure by a covered structure. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings. Redevelopment means any proposed expansion, addition, or major facade change to an existing building, structure, or parking facility. Residential development means one or more buildings or structures or portions thereof which are designed for and used to provide a place of abode for humans beings, including one and two family detached dwellings, multifamily residences, row houses, townhouses, and other similar group housing, together with accessory uses and structures normally common to residential uses including but not limited to garages, sheds, boat storage facilities, tennis courts, and swimming pools. Residential development shall not include hotels, motels, or any other type of overnight or transient housing or camping facilities. Sand-sharing system means an interdependent sediment system composed of sand dunes, beaches, and offshore bars and shoals. Service industry means the provision of services to businesses as well as final consumers in which no goods are produced. Service industries include accounting, plumber, computer services, restaurants, tourism, and other such consumer services. 2 09126/2014 20141009CityCouncilPacket Page 47 of 210 20141002/jr1 Shallow means for variance purposes a lot that would result in a residential building depth of less than 20-feet. A commercial lot does not have a shallow standard. Special event means a temporary use that extends beyond the normal uses and standards allowed by the zoning ordinance of the city. "Special event" includes, but is not limited to, art shows, sidewalk sales, pumpkin and Christmas tree sales, haunted houses, carnivals, auto shows, grand openings, festivals, exhibitions, bazaars, weddings, and receptions. Vacant means having no occupants or contents; empty or unoccupied. Vacant property means land or buildings that are not actively used for any purpose. Vegetative state means land with plant growth, especially trees, shrubs, vines, ferns, mosses, and grasses. Walkway means any public or private route intended and suitable for pedestrian use. This term includes sidewalks, paths, and trails. Warehouse means one or more structures containing one or more exclusive, compartmentalized storage spaces with direct and private access, to be used for storage. Definitions to Amend Dune Current Definition: Dune means mound or ridge of loose sediments, deposited by any natural or artificial mechanism and lying landward of the beach. Proposed Text Amendment : Sand dunes means mounds of sand deposited along a coastline by wind action, which are often covered with sparse, pioneer vegetation and are located landward of the ordinary high-water mark and may extend into the tree line. Family Current Definition: Family means one or more persons occupying a dwelling unit, living as a single, nonprofit housekeeping unit; provided that a group of four or more persons who are not within the second degree of kinship shall not be deemed to constitute a family. Proposed Text Amendment: Family means any of the following occupying a dwelling unit, living as a single, nonprofit housekeeping unit: (1) any number of persons related by blood, marriage, adoption, guardianship, or duly-authorized custodial relationship; (2) two unrelated persons and any children related to either of them; or(3) not more than three persons not related by blood, marriage, adoption, guardianship, or duly-authorized custodial relationship. 3 0912612014 20141009CityCouncilPacket Page 48 of 210 20141002/jr1 Hotel Current Definition: Hotel means a building or other structure kept, used, maintained, advertised as or held out to the public to be a place where sleeping accommodations are supplied for pay to transient or permanent guests or tenants. Proposed Text Amendment: Hotel means a building designed to provide accommodations for transients or persons for short-term residence,with or without meals and including customary accessory uses in connection with the principal use. Lot Current Definition; Lot means a parcel of land which is or may be occupied by a building and its accessories, including the open spaces required by this Land Development Code. Proposed Text Amendment: Lot means a piece, parcel, tract, or plot of land occupied or to be occupied by one (1)principal building and its accessory buildings and including the required yards and all lots of record included in any such piece, parcel, tract, or plot of land, and all lots otherwise designated by this Land Development Code. Lot of record Current Definition: Lot of record means a lot that exists as shown or described on a plat or deed in the records of the Chatham County of Court's office Proposed Text Amendment: Lot of record means a lot whose existence, location, and dimensions have been legally recorded or registered in the Chatham County Clerk of Court's office in a deed or on a plat. Planning Commission Current Definition: Planning commission means a nine-member body appointed by the mayor and council to evaluate proposed land use changes and administer land development controls in the city. Proposed Text Amendment: Planning Commission means a seven-member body appointed by the mayor and council to evaluate proposed land use changes and land development proposals in the city. Privacy Fence Current Definition; Privacy Fence means wood, metal, or masonry structure not less than six feet and not greater than eight feet in height from average adjacent grade. Proposed Text Amendment: Fence means wood, metal, or masonry structure not greater than eight feet in height from average adjacent grade. 4 0912612014 20141009CityCouncilPacket Page 49 of 210 20141002/jr1 Sign Current Definition: Sign means any area or surface on which lettering or pictorial material is displayed for the purpose of directing attention to a profession, business commodity, service or entertainment message. Different varieties of signage are defined as follows: a.Advertising bench means . . . a.1.Animated sign means . . . b.Banner means . . . F. Reserved.] [j. Reserved.] k.Flashing sign means . . . aa. Window sign means any sign, pictures, symbol, or combination thereof, designed to communicate information that is placed inside a window or upon the window. Proposed Text Amendment: Sign means any area or surface on which lettering or pictorial material is displayed for the purpose of directing attention to a profession, business commodity, service, or entertainment. Different varieties of signage are defined as follows: a.Advertising bench means . . . b.Animated sign means . . . c.Banner means . . . j.Flashing sign means . . . . q.Political sign means any sign consisting of political speech. u. Snipe sign means an off-premise sign made of any material that is tacked, nailed, posted, or otherwise attached to a tree, pole, stake, fence, or other object. . . y. Window sign means any sign, pictures, symbol, or combination thereof, designed to communicate information that is placed inside a window or upon the window. Definitions to Strike The following definitions are to be struck if the proposed Article 7 Text Amendment is adopted. Caliper Diane er -bd east height (DBH) Significant trees Tree Tree removal 5 09/26/2014 20141009CityCouncilPacket Page 50 of 210 20141002/y1 ARTICLE 2. DEFINITIONS CURRENT ORDINANCE Sec. 2-010. Terms and definitions. (A) Terms. Generally, words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the term "used" includes the words "arranged, designed or intended to be used;" the term "occupied" includes the words "arranged, designed or intended to be occupied;" the word "structure" includes the word "building," "dwelling" or "unit;" the word "lot" includes the word "plot," "parcel" or"tract." (B) Definitions. Specific definitions include the following: Accessory building means a building subordinate to the main building on the same lot and used for purposes customarily incidental to the use of the main building. Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building to which the addition is connected by a common load bearing wall other than a firewall. Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter load-bearing walls is new construction. Air rights, public means the ownership or control of that space at or above a horizontal plane over the ground surface of public land, or that which is used by law, easement, or right-of-way used for public purposes. The horizontal plane shall be at a height that is reasonably necessary or legally required for the zoned or intended use of the ground surface. Alley means any public way accepted for public use and 20 feet or less in width providing secondary access to abutting property. Amusement park means a commercially operated park with booths for the sale of food and drink and various devices for entertainment. Such devices include but are not limited to waterslides, Ferris wheels, merry-go-rounds, and roller coasters. Apartment building means a building designed for or occupied by three or more families with separate housekeeping facilities for each family. Such building shall include: apartment houses, apartments and flats, efficiency apartments, and studio apartments, but, not including boarding homes, hotels, or motels. Appeal means a request for a review of the code enforcement official's interpretation of any provision of this Land Development Code. Aquaculture project means the commercial cultivation of aquatic life, such as shellfish, fish, and seaweed. Area of shallow flooding means a designated "AE" or "VE" zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Area of special flood hazard means the land in the floodplain within a community is subject to a one percent chance of flooding in any given year. Artificial light means any source of light emanating from a manmade device including, but not limited to, spotlights, street lights, commercial or residential lighting, construction and security lights. Average adjacent grade means the average natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. Base flood elevation means a point of vertical elevation where it is estimated there is a significant probability of flooding from any source within a 100-year time frame. Such vertical distances are referenced to the National Geodetic Vertical Datum of 1929 (mean sea level). See the recent flood insurance rate maps for estimated base flood elevation in a particular location. 08/11/2014 Tybee Island, Georgia, Code of Ordinances Page 1 20141009CityCouncilPacket Page 51 of 210 20141002/jrl Base flood level means see "base flood elevation." Basement means an enclosure with floor level below natural grade on three sides. Beach means a zone of unconsolidated material that extends landward from the ordinary low-water mark to the line of permanent vegetation. Bed and breakfast: residential means a dwelling unit where overnight accommodations and a morning meal are provided to transients for compensation. Bed and breakfast: commercial means bed and breakfast establishments are subject to an approved commercial use site development plan. For more information see section 3-060, bed and breakfast establishments. Boatel means a combination of a motel and marina that is accessible to boats as well as automobiles and may include boat sales and servicing facilities, overnight accommodations for transients, and eating and drinking facilities. Breakaway wall means any type of wall that is not part of the structural support of the building and which is designed to break away, under abnormally high tides or wave action, without damage to the structural integrity of the building on which it is used. Buffer means open spaces, landscaped areas, fences, walls, berms or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights, or other nuisances. Comment: the two basic criteria for buffers are the width of the buffer and the type of material to be planted or installed. In designing buffers, the ordinance should allow flexibility and provide for fences and berms to be used in conjunction with landscaping. Building means see "structure." Building permit means the permit for any type of construction required by the Tybee Island Code of Ordinances. Caliper measure means the diameter of the main stem of a tree or sapling as taken by calipers 41/2 feet above grade. Campground means an area or tract of land for which accommodations for temporary occupancy are located or may be placed, including R.V. parks, tents, and major recreational equipment, and which is primarily used for recreational purposes and retains an open air or natural character. Caretaker's cottage means an accessory building or portion of a primary structure used or designed for use as a residence, specifically, as an accessory use to the principal structure. Such form of land use may be permitted in the "R-2" zoning district depending on the size of the lot. Other terms for this type of dwelling unit include: granny home, and mother-in-law cottage. By no means shall such a use be considered a separate primary structure eligible for a minor subdivision if either resulting lot created will be substandard in size. Carport means a roofed structure providing space for the parking of motor vehicles. Certificate of occupancy means a certificate issued by the zoning administrator stating that the occupancy and use of land, building or structure referred to therein complies with the provisions of this Land Development Code. Church or place of religious worship means an institution that people regularly attend to participate or hold religious services, meetings, and other related activities. Clinic means a building in which medical services for out patients only are provided. Coastal high hazard area (V zones) means those areas that are subject to high velocity waters, including but not limited to hurricane wave wash. The area is designated on a FIRM as "zone V-1-30," "VE" or "V." Concession stand means a retail establishment selling food and drinks for consumption on or near the premises. This shall include lunch counters and refreshment stands selling prepared foods and drinks. Conditional use (special review) means a use permitted in a particular zoning district upon showing that such use in a specific location will comply with all the conditions and standards for the location or 08/11/2014 Tybee Island, Georgia, Code of Ordinances Page 2 20141009CityCouncilPacket Page 52 of 210 20141002/jrl operation of the use as specified in this Land Development Code and authorized by the approving agency. Comment: conditional uses are permitted uses and are appropriate in the zoning district only when all conditions are met. For example, a house of worship may be desirable in a residential area but controls over parking, circulation, setbacks, and landscaping may be needed to prevent such use from adversely affecting surrounding residences. With conditional uses, separate regulations can be imposed to mitigate the adverse impacts. In some states, conditional uses are classified as special exception uses. In all cases, the conditions must be specific. The conditional use permitting process and criteria for determination is listed in section 5-070, standards for special review: (see also: special review permit definition). Conditions to zoning approval (conditional zoning) means a requirement adopted by the city council at the time of approval of a rezoning or special use permit which places greater or additional requirements or restrictions on the use and development of the subject property than provided in this zoning ordinance and is designed to ameliorate the negative effects of the rezoning or special use on neighboring properties and to protect the public health, safety, or general welfare. Condominium means a building containing three or more individually owned, attached, dwelling units and related, jointly owned, common areas. Deck means a raised, flat, and floored roofless platform adjoining a dwelling or structure. A deck is not considered to be part of the structure for living area measurement purposes; however, it is required to meet all front, side, and rear yard setbacks. Flooring for a deck is generally made of wood materials set upon piers. Developer means any person, firm, trust, partnership, association or corporation engaged in development or proposed development of land. Development means any manmade changes to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Diameter, breast height (DBH) means the diameter of a tree trunk or trunks, measured in inches at 41/2 feet above existing grade. District, zoning means a mapped area for which a uniform set of land development regulations apply. Dockbuilder, as used herein, means any person engaged in the business of constructing, altering, repairing, dismantling or demolishing structures, docks, bridges, fixed or floating, abutting or on coastal marshlands or waters of the city or the State of Georgia and every other type of structure, project, development or improvement including constructing, altering or repairing of such property, and all subcontractors so engaged. Each "dockbuilder" as defined herein shall register with the City of Tybee Island. Drive-in restaurant means any place or premises where provisions are made for selling, dispensing, or serving of food, refreshments, or beverage to customers in automobiles or in other than a completely enclosed building. Drive-in window means a portion of any building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transaction. Drive-in windows shall have at a minimum 150 feet of approach distance on the property in which vehicles may queue prior to reaching the window. Dune means mound or ridge of loose sediments, deposited by any natural or artificial mechanism and lying landward of the beach. Dwelling means any building or structure or part thereof primarily used and occupied for human habitation or intended to be so used. The following further defines the different varieties of dwelling distinctions: a. Dwelling, single-family means a detached building designed exclusively for occupancy by one family. b. Dwelling, two-family or duplex means a building either designed, constructed, altered, or used for two adjoining dwelling units that are connected by a firewall or, if the units are positioned vertically, by a type one floor and ceiling construction where the units are joined. A "detached" 08/11/2014 Tybee Island, Georgia,Code of Ordinances Page 3 20141009CityCouncilPacket Page 53 of 210 20141002/jrl two-family or duplex consist of dwelling units that are joined by structure other than a firewall or floor and ceiling. c. Dwelling, multi family means a building either designed, constructed, altered, or used for more than two adjoining dwelling units, with each dwelling unit having a party wall or party floor where it joins at least one other dwelling unit in the building. This includes but is not limited to apartments, condominiums, townhouses, or any type of multi family structure. Dwelling unit means one or more rooms in a dwelling, apartment, boardinghouse, hotel or motel, designed primarily for occupancy by one family for living, eating, and sleeping purposes. Easement means a grant of one or more property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity. Existing manufactured home parks or subdivision means a parcel of land divided into two or more manufactured home lots for rent or sale for which facilities were completed prior to adoption of the ordinance from which this Land Development Code is derived or prior to inclusion of property within city limits. Expansion of an existing manufactured home park or manufactured home subdivision means preparation of additional sites by grading, installing utilities, pads, or streets, or otherwise adding service facilities. Family means one or more persons occupying a dwelling unit, living as a single, nonprofit housekeeping unit; provided that a group of four or more persons who are not within the second degree of kinship shall not be deemed to constitute a family. Flood or flooding means a general and temporary condition of a partial or complete inundation of normally dry land areas from: a. The overflow of inland of tidal waters, or b. The unusual and rapid accumulation or runoff of surface waters from any source. Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Flood insurance study means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood. Floodlight means unshielded reflector type light fixtures attached directly to a building or post. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Floor means the top surface of an enclosed area in a building (including basement), e.g., top of slab in concrete construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. Garage, public means a garage operated as a business devoted primarily to the repair, storage, maintenance, service or sales of motor vehicles, or any combination thereof. Guest cottage means living quarters within a detached accessory building located on the same lot or parcel of land as the primary structure, used exclusively for housing members of the family occupying the main building and their nonpaying guests. Such quarters shall not be rented or otherwise used as a separate dwelling. By no means shall such a use be considered a separate primary structure and eligible for a minor subdivision if either resulting lot created will be substandard in size. Height of building means the vertical distance measured from the average adjacent grade of the building to the extreme high point of the building, exclusive of chimneys, heating units, ventilation ducts, air conditioning units, elevators and similar appurtenances. Height variance means a variance granted to exceed the maximum height limitations for allowed uses in a zoning district. 08/11/2D14 Tybee Island, Georgia, Code of Ordinances Page 4 20141009CityCouncilPacket Page 54 of 210 20141002/jrl Home business office means an office use that is conducted entirely within the dwelling which is carried on by the occupant thereof and no other individual, and which is clearly incidental and secondary to the use of the dwelling for residential dwelling purposes. Home occupation means an occupation customarily carried on within a home for gain or support, involving the sale of only those articles, products or services produced on the premises, conducted entirely within a dwelling unit and conducted entirely by persons residing in that dwelling unit, using only that equipment as is customarily found in a home and involving no display of articles or products. Hospital means any place or institution which maintains and operates facilities for the care, custody and/or treatment of two or more nonrelated persons as patients suffering mental or physical ailments, and which shall be eligible for a license as a hospital under state regulations, but shall not be construed to include any dispensary or first-aid treatment facilities maintained by any commercial or industrial plant, educational institution or convent, nor to include any nursing care home as herein defined. Hospital or clinic, special means a hospital which treats communicable diseases, insane or feebleminded patients, epileptics, drug addicts or alcoholic patients. Hotel means a building or other structure kept, used, maintained, advertised as or held out to the public to be a place where sleeping accommodations are supplied for pay to transient or permanent guests or tenants. Junkyard means a junkyard is an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packaged, disassembled or handled, including but not limited to scrap iron and other metals, papers, rags, rubber tires and bottles. A junkyard includes an auto-wrecking yard but does not include uses established entirely within enclosed buildings. Kitchen means an area used for preparation of food, which contains: a. A sink, b. A refrigerator, c. A stove or range top, and d. An oven or utility connections suitable for servicing a range or oven. If all of the above components are present, the area shall be considered a kitchen. Light business means a retail or service establishment that operates a low impact business and has fewer than five employees working at any given time. Loading space means a space within the main building or on the same lot providing for the standing, loading, or unloading of trucks, and having a minimum dimension of 12 feet by 50 feet and minimum vertical clearance of 14 feet. Lot means a parcel of land which is or may be occupied by a building and its accessories, including the open spaces required by this Land Development Code. a. Corner lot means a lot abutting upon two or more streets at their intersection. b. Interior lot means a lot,the side lines of which do not abut on a street. c. Through lot means an interior lot having frontage on two or more streets. d. Flag lot means a lot with access provided to the bulk of the lot by means of a narrow corridor. �J I 1 , Thr9,-m..L.t rem no, ..No�ot I ermorior Lot jibe'-.1 • Lots es rid t1-hslr Frorotwoe 1 1 08/11/2014 Tybee Island, Georgia, Code of Ordinances Page 5 20141009CityCouncilPacket Page 55 of 210 20141002/jrl Lot of record means a lot that exists as shown or described on a plat or deed in the records of the Chatham County Clerk of Court's office. Lot width means the distance between the property lines measured at the building line. Lounge means a commercial establishment dispensing alcoholic beverages for consumption on the premises and where dancing and entertainment is permitted. Low profile luminary means light fixture set on a base which raises the light no higher than 60 inches off the ground and designed so that the light is directed downward from a hooded light source. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this Land Development Code. Major subdivision means any subdivision comprising four lots or more, or any subdivision involving a new street or change in an existing street. Manufactured home means a transportable factory-built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Manufactured homes are not permitted uses in any district. Manufactured housing means a factory-built, single-family structure that is manufactured under the authority of 42 USC 5401, the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis, and is designed to be used as a place of human habitation with or without a permanent foundation when connected to the required utilities. It is not constructed with a permanent hitch or other device allowing transportation of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. Manufactured housing park means a parcel of land which is used or intended to be used for the rental or lease of spaces, stands, or manufactured houses and the provision of services for two or more manufactured houses. Manufactured housing space, stand means a plot of ground within a manufactured housing park designed for the accommodation of one manufactured house for rent or lease and not to be bought or sold individually. Marina means a commercial establishment with a waterfront location used for the purpose of storing watercraft and pleasure boats on land, in buildings, in slips, or on boatlifts and including accessory facilities for purposes such as re-fueling, minor repair, and launching. Marine facility means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. Marquee means a roof-like structure suspended over an entrance to a structure. Mean sea level (MSL) means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this Land Development Code, the term is synonymous with National Geodetic Vertical Datum (NGVD). Mezzanine means an intermediate story that projects in the form of a balcony covered and attached to the dwelling or structure. This is considered to be part of the structure for measurement purposes. Minor subdivision means any subdivision comprising three lots or less, and not involving a new street or change in an existing street. Mixed occupancy means occupancy of a structure or land for more than one principal use. Modular home means a factory fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes and which bears a seal of compliance with regulations of the Southern Building Code Congress International. 08/11/2014 Tybee Island, Georgia, Code of Ordinances Page 6 20141009CityCouncilPacket Page 56 of 210 20141002/jrl Natural or artificial barrier means any river, pond, canal, roadway, railroad levee, embankment, hedge, fence, tree row or similar obstruction which limits access and/or visibility. Nesting season means May 1 through October 31 of each year. New construction means structures for which the "start of construction" commenced on or after the effective date of the ordinance from which this Land Development Code is derived. Nonconforming use means any building structure or use of land or building lawfully existing at the effective date of the ordinance from which this Land Development Code is derived, which does not conform with the provisions of this Land Development Code or amendments thereto. Nursing home means a home for aged or ill persons in which three or more persons not of the immediate family are provided with food, shelter, and care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to diagnosis and treatment. Package shop means an establishment that sells alcoholic beverages only in sealed containers whose contents may not lawfully be consumed on the premises. Parking garage means a building designed and used for the storage of automotive vehicles operated as a business enterprise with a service charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles. Parking lot means an area or plot of land used for the storage or parking of vehicles, including all necessary additional space needed for vehicular access maneuvering thereto or therefrom. Parking space means a space not less than nine by 18 feet for one vehicle plus all necessary additional space needed for vehicular access thereto. Patio means an uncovered roofless area used for purposes of outdoor activity. The patio is not considered to be part of the structure for measurement purposes. Personal care home means a building or group of buildings, a facility or place in which is provided two or more beds and other facilities and services, including room, meals, and personal care for nonfamily ambulatory adults for compensation. The following are three specific types of personal care homes: a. Family personal care home means a home for adults in a family type residence, noninstitutional in character, which offers care to two through six persons. b. Group personal care home means a home for adult persons in a residence or other type building(s), noninstitutional in character, which offers care to seven through 15 persons. c. Congregate personal care home means a home for adults which offers care to 16 or more persons. Planned unit development (PUD) means any single-family planned unit development on one acre or more, which in design and construction complements the cultural and historical values of the surrounding area. Planning commission means a nine-member body appointed by the mayor and council to evaluate proposed land use changes and administer land development controls in the city. Point source of light means the actual light source, such as the bulb, fluorescent tube, lamp, etc., from which light emanates. Pole lighting means light fixtures set on a base or pole which raises the source of light higher than 60 inches off the ground. Porch means a roofed, open structure projecting from the front, side, or rear wall of a building. Principal use means the primary use of a zoned lot. Privacy fence means wood, metal, or masonry structure not less than six feet and not greater than eight feet in height from average adjacent grade. (Ord. No. 1995-15; 11-9-1995) Public hearing means an open public meeting for which interested parties may discuss a specific issue in an orderly manner before a public body. 08/11/2014 Tybee Island, Georgia, Code of Ordinances Page 7 20141009CityCouncilPacket Page 57 of 210 20141002/jrl Public notice means a means of informing the general public of a particular event in a fair and timely manner. Official rules of public notice vary depending on the type of event. See section 5-050 for specific public notice requirements as they pertain to land use regulation addressed in this Land Development Code. Public utility means any person, firm, corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state, or municipal regulations to the public: natural gas, steam, electricity or other energy sources, water, sewage collection and disposal, and communication, including cable television. Recombination of lots means rearrangement of lot boundaries from those already established. Recreational vehicle park(RV park) means see "campground." Regulated activity means any activity which will, or which may reasonably be expected to, result in the discharge of dredged or fill material into waters of the United States excepting those activities exempted in section 404 of the Federal Clean Water Act. Restaurant means an establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public facility or nonprofit community swimming pool, playground, park, or marina operated solely for the convenience of patrons of the facility shall not be deemed a restaurant. Rezoning means the change in zoning classification of any parcel or parcels of land from one zoning district to another. Right-of-way means a strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission line, water line, sanitary sewer, storm sewer, and other similar uses. Roof pitch means the geometric angle from the lowest point of the roof to the highest point of the roof on any structure. School means a facility that provides a curriculum of academic instruction, such as kindergartens, elementary schools, middle schools, junior high schools, and high schools. Septic tank means a watertight receptacle that receives a discharge of sewage from a building, sewer, or part thereof and is designed and constructed to permit settling of solids from this liquid, digestion of the organic matter, and discharge of the liquid portion into a disposal area. Service station means a building or lot where gasoline, oil, and greases are supplied and dispensed to the motor vehicle trade, and/or where battery, tire and other similar sales and services are rendered. Setback means the minimum horizontal distance between the front, rear, or side lot lines and the existing or proposed edges of the structure. The term "required setback" means a line beyond which a building is not permitted to extend under provisions set forth in this Land Development Code establishing minimum depth and widths of yards. Eaves not exceeding 24 inches are exempt from setback requirements. Eaves in excess of 24 inches are not exempt from setback requirements to the extent they succeed 24 inches. Sewer, public means a system that is owned, maintained and operated by the city, and approved by the state department of natural resources, environmental protection division. Sign means any area or surface on which lettering or pictorial material is displayed for the purpose of directing attention to a profession, business commodity, service or entertainment message. Different varieties of signage are defined as follows: a. Advertising bench means a sign painted, located on, or attached to any part of a bench, seat, or chair placed on or adjacent to a public place or roadway. a.1. Animated sign means any sign that uses movement or change of lighting, either natural or artificial,to depict action or create a special effect or scene. b. Banner means any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. Official flags of any institution shall not be considered banners. 08/11/2014 Tybee Island, Georgia, Code of Ordinances Page 8 20141009CityCouncilPacket Page 58 of 210 20141002/jrl c. Building marker means any sign indicating the name of a building and date and incidental information about its construction, and is cut into a masonry surface or made of bronze or other permanent material. d. Bulletin board means any sign erected by a charitable, educational or religious institution or a public body, which is erected upon the same property as said institution. e. Canopy sign means a message painted on or applied to a canopy, awning, or other roof-like structure. f. Commercial message means any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, sale or sales event or other commercial activity. g. Directional sign means a sign which directs the reader to the location of public or educational institutions, or to the location of historical structures or areas, or to the location of public parks or buildings. h. Directory sign means signs identifying the name of the development, multi-use activities within shopping centers, office complexes or apartment complexes. [i. Reserved.] [j. Reserved.] k. Flashing sign means an illuminated sign on which artificial light or reflected light is not maintained stationary and constant in intensity and color at all times when in use. I. Freestanding sign means a sign which is attached to or a part of a completely self-supporting structure. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or any other structure whether portable or stationary. m. Handbill means a printed sheet to be distributed by hand. n. Identification or information sign means signs of an informational nature bearing no advertising. o. Illuminated sign means a sign illuminated directly or indirectly by gas, electricity, or other artificial light including reflective or fluorescent light. p. Incidental sign means a sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "telephone," and other similar directives. q. Memorial sign means a sign or plaque erected in commemoration of a person, place or event. r. Nonconforming sign means a sign existing at the effective date of the adoption of the ordinance from which this Land Development Code is derived which could not be built under the terms of this Land Development Code. s. Off-premises sign means a sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered, or existing elsewhere than upon the same lot where such sign is displayed. The term "off-premises sign" shall include an outdoor advertising sign (billboard) on which space is leased or rented by the owner thereof to others for the purpose of convening a commercial or noncommercial message. t. Portable sign means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels. Signs converted to A- or T-frames; menu and sandwich board signs; balloons used as a sign; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business. u. Projecting sign means any sign that shall be affixed at an angle or perpendicularly to the wall of any building in such a manner to read perpendicularly or at an angle to the wall on which it is mounted. v. Roof sign means any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure. 08/11/2014 Tybee Island, Georgia,Code of Ordinances Page 9 20141009CityCouncilPacket Page 59 of 210 20141002/jrl w. Temporary sign means a nonpermanent sign erected, affixed, or maintained on the premises for a short, usually fixed period of time. x. Wall sign means a single faced sign which is in any manner attached or fixed flat to an exterior wall of a building or structure. Individual letters in addition to the box type (e.g., letters and symbols on an attached backing) sign may also be installed as a wall sign. y. Window sign means any sign, pictures, symbol, or combination thereof, designed to communicate information that is placed inside a window or upon the window. Significant trees means trees having a DBH of ten inches or greater of the following variety: southern red cedar, Juniperus silicate, or hardwoods native to Georgia coast. Hardwoods: dicotyledon plants with woody stem including (but not limited to) oaks (Quercus), Magnolia grandiflora, hickories, (Carya), sugarberry or hackberry, (Celtis laeirgata), red bay (Persea borbonia), spiney ash or toothache (Xanoxylum clava-herculis), sycamore (Platanus occidentialis), tupeolo (Nyssa), sweetgum (Liquidamber styraciflora), American holly (Ilex apace), Site plan means a sketch, prepared to scale, accurately and with complete dimensioning to include: the boundaries of a site and the location of all buildings, structures, uses, significant trees, and proposed site development construction for a specific parcel of land. See sections 5-080(A) and (C) for specific requirements for site plans. Site variance means a variance granted to vary from regulations and restrictions for allowed uses in zoning districts, such as setbacks, minimum lot sizes, etc. Special review permit means a permit issued by the mayor and council, after planning commission review and an advertised public hearing. Approval shall confirm that the proposed use meets all criteria set forth in section 5-070. Start of construction means beginning of work under a permit. Street means a public way which provides a principal means of access to abutting property. Streets are divided into two classifications as follows: a. Arterial streets means those streets which are designated as arterials on the major thoroughfare plan and which are used or intended primarily for fast or heavy traffic. b. Collector streets means those streets which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development. c. Street, lane means minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street. d. Marginal access street means those minor streets which are parallel to and adjacent to arterial streets and highways; and which provide access to abutting properties, and protection from through traffic. e. Minor streets means all other public ways which provide a means of vehicular access to abutting properties. f. Opened street means a street shall be deemed to be opened if it is either of the following: 1. Available for public use and maintained by the city; or 2. Was constructed to city specifications following the adoption of the ordinance from which this Land Development Code is derived. g. Private drive means a 20-foot (minimum) access easement dedicated perpetually for use by residences/lots. The city shall be responsible for neither maintenance nor city services within the easement, and such shall be stated on the plat of record. h. Unopened street means a street or any part thereof shall be deemed to be unopened if it is not cleared, graded and available for public use. Structural alterations means any change, except for repair or replacement of the supporting members of a building, such as bearing walls, columns, beams or girders. 08/11/2014 Tybee Island, Georgia, Code of Ordinances Page 10 20141009CityCouncilPacket Page 60 of 210 20141002/jrl Structure means anything constructed or erected, the use of which requires permanent location on the land, or attachment to something having a permanent location on the land, and not including manufactured homes. Subdivision means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of immediate or future sale, legacy, or building development. All divisions of land involving a new street or a change in existing streets. The term includes the re-subdivision of land and when appropriate to the context relates to the process of subdivision or to the land subdivided. Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the Chatham County Tax Assessor's appraisal or certified appraisal of fair market value of the structure either (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. Survey map or plat, (land) means a map, prepared to scale, of a particular piece of real estate signed and stamped by a registered land surveyor certified by the state. Such map or plat must also meet all other requirements of O.C.G.A. § 43-15-1 et seq. to be considered an official survey. Townhouses means a residential structure containing three or more attached single-family units designed as a single structure having common or party walls. Each unit shall have its own front door which opens to the outdoors, but, without access between adjoining units. Travel trailer means any vehicle or similar portable structure mounted on wheels, designed and intended primarily for short-term (under two weeks) occupancy for dwelling or sleeping or other purposes, and not exceeding 25 feet in length, and any recreational vehicle. Tree means any woody plant that has a diameter of six inches or more or any woody plant with a caliper measure of two inches or more if such tree is part of a previous tree mitigation plan. Tree removal means any intentional or negligent act which: a. Cuts down or otherwise physically destroys a tree, b. Will cause a tree to decline and die, including but not limited to: 1. Causing damage to the root system by application of toxic substances, operation of machinery, change in natural grade by excavation or filling above the root system or around the trunk; 2. Causing damage from injury or fire resulting in pest infestation; 3. Causing damage from extensive pruning or trimming. Undeveloped parcel/vacant lot means a parcel or lot on which there is no permanent structure or part thereof designed for human habitation, occupation, or use. Use variance means a variance granted for a use that is not permitted in that zoning district. Used car lot means any parcel of land used for storage, display and sales of used automobiles and where no repair work is done except the necessary reconditioning of the cars to be displayed and sold on the premises. Variance means an authorization by the mayor and council granting permission to depart from the literal enforcement of this Land Development Code. See criteria for variance, section 5-090. Water, public means a system that is owned, maintained, and operated by the city, a community corporation, or a privately owned system serving a community and approved by the Chatham County Health Department. Wetland means an area that is inundated or saturated by surface water or groundwater at a frequency and distribution sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.Wetlands generally include swamps, marshes, bogs, and similar areas. Wetland protection district means all wetlands within the jurisdiction of Tybee Island, Georgia as indicated on the wetlands map. Provided, however, that the wetlands map does not necessarily represent the boundaries of jurisdictional wetlands within Tybee Island and cannot serve as a substitute for a delineation of wetland boundaries by the U.S. Army Corps of Engineers, as required by section 404 of the 08/11/2014 Tybee Island, Georgia,Code of Ordinances Page 11 20141009CityCouncilPacket Page 61 of 210 20141002/jrl Clean Water Act, as amended. Any local government action under this Land Development Code does not relieve the landowner from federal or state permitting requirements. Wetlands map means the current U.S. Fish and Wildlife Service National Wetlands Inventory Maps for Tybee Island, Georgia. Yard means an open, unoccupied space, other than a court, on the same lot with a building, open and unobstructed from the ground to the sky. a. Front yard means a yard across the full width of the lot extending from the front line of the lot. b. Rear yard means a yard across the full width of the lot, extending from the rear line of the building to the rear line of the lot. c. Side yard means a yard between the side line of the building and the adjacent side line of the lot, extending from the front yard to rear yard. The side yard extends from the front of the structure to the rear so long as the rear of the structure is at least 60 feet from the front lot line, otherwise, the side yard extends to the point which is 60 feet from the front lot line. Zoning administrator means that person or persons appointed by mayor and council to enforce the provisions of this Land Development Code. (Ord. No. 1995-17, 12-7-1995; Ord. No. 1996-09, 6-13-1996; Ord. No. 1996-28, 11-14-1996; Ord. No. 1996-14, 7-11-1996; Ord. No. 2002-14, 7-11-2002; Ord. No. 1996-15, 8-8-1996; Ord. No. 1999- 08, 4-22-1999; Ord. No. 2000-07, 2-11-2000; Ord. No. 2002-14, amended 1-9-2003; Ord. No. 2000- 07, amended 5-24-2000; Ord. No. 1999-, amended 12-17-1999; Manual, amended 11-10-1999; Ord. No. 1999-08, amended 5-24-1999; Ord. No. of 9-22-2005; Ord. of 3-13-2006; Ord. of 9-28-2006; Ord. No. 19-2013-A, § 1, 5-23-2013) 08J11/2014 Tybee Tybee Island, Georgia_,y2 oodeoof Ordinances 20age 2rl ORDINANCE NO. 55-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES RELATING TO ARTICLE 2, DEFINITIONS, FOR THE CITY OF TYBEE ISLAND, GEORGIA, 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 amend the Code dealing with definitions to clarify certain definitions and add definitions thereto, and for other purposes, and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances, Article 2, Definitions, is hereby amended so that hereafter the ordinance shall read as hereinafter provided. SECTION 1 Article 2, Definitions, is hereby amended and it shall hereafter read as follows: ARTICLE 2. DEFINITIONS Sec. 2-010. Terms and definitions. Sec. 2-010. Terms and definitions. (A) Terms. Generally, words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the term "used" includes the words "arranged, designed or intended to be used;"the term "occupied" includes the words "arranged, designed or intended to be occupied;" the word "structure" includes the word "building," "dwelling" or "unit;" the word "lot" includes the word "plot," "parcel" or "tract." (B) Definitions. Specific definitions include the following: Accessory building means a building subordinate to the main building on the same lot and used for purposes customarily incidental to the use of the main building. Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building to which the addition is connected by a common load bearing wall 20141009CityCouncilPacket Page 63 of 210 20141002/jrl other than a firewall. Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter load-bearing walls is new construction. Air rights, public means the ownership or control of that space at or above a horizontal plane over the ground surface of public land, or that which is used by law, easement, or right-of-way used for public purposes. The horizontal plane shall be at a height that is reasonably necessary or legally required for the zoned or intended use of the ground surface. Alley means any public way accepted for public use and 20 feet or less in width providing secondary access to abutting property. Amusement park means a commercially operated park with booths for the sale of food and drink and various devices for entertainment. Such devices include but are not limited to waterslides, Ferris wheels, merry-go-rounds, and roller coasters. Apartment building means a building designed for or occupied by three or more families with separate housekeeping facilities for each family. Such building shall include: apartment houses, apartments and flats, efficiency apartments, and studio apartments, but, not including boarding homes, hotels, or motels. Appeal means a request for a review of the code enforcement official's interpretation of any provision of this Land Development Code. Aquaculture project means the commercial cultivation of aquatic life, such as shellfish, fish, and seaweed. Area of shallow flooding means a designated "AE" or "VE" zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Area of special flood hazard means the land in the floodplain within a community is subject to a one percent chance of flooding in any given year. Artificial light means any source of light emanating from a manmade device including, but not limited to, spotlights, street lights, commercial or residential lighting, construction and security lights. Average adjacent grade means the average natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure. Awning means any shelter, cover, or projection extending beyond the outer face of the building wall, of either a rigid or non-rigid material, either collapsible, removable or of 2 20141009CityCouncilPacket Page 64 of 210 20141002/jrl permanent rigid construction, designed and intended to be used for the purpose of shelter or protection for entrance and walkways. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. Base flood elevation means a point of vertical elevation where it is estimated there is a significant probability of flooding from any source within a 100-year time frame. Such vertical distances are referenced to the National Geodetic Vertical Datum of 1929 (mean sea level). See the recent flood insurance rate maps for estimated base flood elevation in a particular location. Base flood level means see "base flood elevation." Basement means an enclosure with floor level below natural grade on three sides. Beach means a zone of unconsolidated material that extends landward from the ordinary low-water mark to the line of permanent vegetation. Bed and breakfast: residential means a dwelling unit where overnight accommodations and a morning meal are provided to transients for compensation. Bed and breakfast: commercial means bed and breakfast establishments are subject to an approved commercial use site development plan. For more information see section 3- 060, bed and breakfast establishments. Boatel means a combination of a motel and marina that is accessible to boats as well as automobiles and may include boat sales and servicing facilities, overnight accommodations for transients, and eating and drinking facilities. Breakaway wall means any type of wall that is not part of the structural support of the building and which is designed to break away, under abnormally high tides or wave action, without damage to the structural integrity of the building on which it is used. Buffer means open spaces, landscaped areas, fences, walls, berms or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights, or other nuisances. Comment:the two basic criteria for buffers are the width of the buffer and the type of material to be planted or installed. In designing buffers, the ordinance should allow flexibility and provide for fences and berms to be used in conjunction with landscaping. Building means see "structure." 3 20141009CityCouncilPacket Page 65 of 210 20141002/jrl Building permit means the permit for any type of construction required by the Tybee Island Code of Ordinances. Campground means an area or tract of land for which accommodations for temporary occupancy are located or may be placed, including R.V. parks, tents, and major recreational equipment, and which is primarily used for recreational purposes and retains an open air or natural character. Caretaker's cottage means an accessory building or portion of a primary structure used or designed for use as a residence, specifically, as an accessory use to the principal structure. Such form of land use may be permitted in the "R-2" zoning district depending on the size of the lot. Other terms for this type of dwelling unit include: granny home, and mother-in-law cottage. By no means shall such a use be considered a separate primary structure eligible for a minor subdivision if either resulting lot created will be substandard in size. Carport means a roofed structure providing space for the parking of motor vehicles. Certificate of occupancy means a certificate issued by the zoning administrator stating that the occupancy and use of land, building or structure referred to therein complies with the provisions of this Land Development Code. Church or place of religious worship means an institution that people regularly attend to participate or hold religious services, meetings, and other related activities. Clinic means a building in which medical services for out patients only are provided. Coastal high hazard area (V zones) means those areas that are subject to high velocity waters, including but not limited to hurricane wave wash. The area is designated on a FIRM as "zone V-1-30," "VE" or "V." Commercial development means development for the purposes of any professional, commercial, or industrial undertaking. Concession stand means a retail establishment selling food and drinks for consumption on or near the premises. This shall include lunch counters and refreshment stands selling prepared foods and drinks. Conditional use (special review) means a use permitted in a particular zoning district upon showing that such use in a specific location will comply with all the conditions and standards for the location or operation of the use as specified in this Land Development Code and authorized by the approving agency. Comment: conditional uses are permitted uses and are appropriate in the zoning district only when all conditions are met. For example, 4 20141009CityCouncilPacket Page 66 of 210 20141002/jrl a house of worship may be desirable in a residential area but controls over parking, circulation, setbacks, and landscaping may be needed to prevent such use from adversely affecting surrounding residences.With conditional uses, separate regulations can be imposed to mitigate the adverse impacts. In some states, conditional uses are classified as special exception uses. In all cases, the conditions must be specific. The conditional use permitting process and criteria for determination is listed in section 5-070, standards for special review: (see also: special review permit definition). Conditions to zoning approval(conditional zoning) means a requirement adopted by the city council at the time of approval of a rezoning or special use permit which places greater or additional requirements or restrictions on the use and development of the subject property than provided in this zoning ordinance and is designed to ameliorate the negative effects of the rezoning or special use on neighboring properties and to protect the public health, safety, or general welfare. Condominium means a building containing three or more individually owned, attached, dwelling units and related, jointly owned, common areas. Deck means a raised, flat, and floored roofless platform adjoining a dwelling or structure. A deck is not considered to be part of the structure for living area measurement purposes; however, it is required to meet all front, side, and rear yard setbacks. Flooring for a deck is generally made of wood materials set upon piers. Developer means any person, firm, trust, partnership, association or corporation engaged in development or proposed development of land. Development means any manmade changes to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. District, zoning means a mapped area for which a uniform set of land development regulations apply. Dockbuilder, as used herein, means any person engaged in the business of constructing, altering, repairing, dismantling or demolishing structures, docks, bridges, fixed or floating, abutting or on coastal marshlands or waters of the city or the State of Georgia and every other type of structure, project, development or improvement including constructing, altering or repairing of such property, and all subcontractors so engaged. Each "dockbuilder" as defined herein shall register with the City of Tybee Island. Drive-in restaurant means any place or premises where provisions are made for selling, dispensing, or serving of food, refreshments, or beverage to customers in automobiles or in other than a completely enclosed building. 5 20141009CityCouncilPacket Page 67 of 210 20141002/jrl Drive-in window means a portion of any building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transaction. Drive-in windows shall have at a minimum 150 feet of approach distance on the property in which vehicles may queue prior to reaching the window. Driveway means a private way that provides vehicular access from a street to a parking area, garage, dwelling, or other structure or land use activity. Dune crossover means an elevated structure for pedestrian and bicycle access across an area of sand dunes. A crossover is preferable to a walking path to save vegetation and wearing down of the dune to allow for grass to grow underneath. Dwelling means any building or structure or part thereof primarily used and occupied for human habitation or intended to be so used. The following further defines the different varieties of dwelling distinctions: a. Dwelling, single-family means a detached building designed exclusively for occupancy by one family. b. Dwelling, two-family or duplex means a building either designed, constructed, altered, or used for two adjoining dwelling units that are connected by a firewall or, if the units are positioned vertically, by a type one floor and ceiling construction where the units are joined. A "detached" two-family or duplex consist of dwelling units that are joined by structure other than a firewall or floor and ceiling. c. Dwelling, multi family means a building either designed, constructed, altered, or used for more than two adjoining dwelling units, with each dwelling unit having a party wall or party floor where it joins at least one other dwelling unit in the building. This includes but is not limited to apartments, condominiums, townhouses, or any type of multi family structure. Dwelling unit means one or more rooms in a dwelling, apartment, boardinghouse, hotel or motel, designed primarily for occupancy by one family for living, eating, and sleeping purposes. Easement means a grant of one or more property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity. Existing manufactured home parks or subdivision means a parcel of land divided into two or more manufactured home lots for rent or sale for which facilities were completed prior to adoption of the ordinance from which this Land Development Code is derived or prior to inclusion of property within city limits. 6 20141009CityCouncilPacket Page 68 of 210 20141002/jrl Expansion of an existing manufactured home park or manufactured home subdivision means preparation of additional sites by grading, installing utilities, pads, or streets, or otherwise adding service facilities. Existing structure means a structure for which a legal building permit has been issued, or a structure erected prior to the date of adoption of the governing code. Existing use means the nature of a property or a structure. An existing use may be described using terms such as vacant, abandoned, residential, commercial, owner-occupied, rental, retail, lodging and industrial. Family means any of the following occupying a dwelling unit, Irving as a single, non- profit housekeeping unit: (1) any number of persons related by blood, marriage, adoption, guardianship, or duly-authorized custodian relationship; (2) two unrelated persons and any children related to either of them; or (3) not more than three persons not related by blood, marriage, adoption, guardianship, or duly-authorized custodial relationship. Fence means wood, metal, or masonry structure not greater than eight feet in height from average adjacent grade. Flood or flooding means a general and temporary condition of a partial or complete inundation of normally dry land areas from: a. The overflow of inland of tidal waters, or b. The unusual and rapid accumulation or runoff of surface waters from any source. Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Flood insurance study means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood. Floodlight means unshielded reflector type light fixtures attached directly to a building or post. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. 7 20141009CityCouncilPacket Page 69 of 210 20141002/jrl Floor means the top surface of an enclosed area in a building (including basement), e.g., top of slab in concrete construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. Frontage means the horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way. All sides of a lot that abut a street shall be considered frontage. On curvilinear streets, the arc between the side lot lines shall be considered the lot frontage. Garage, public means a garage operated as a business devoted primarily to the repair, storage, maintenance, service or sales of motor vehicles, or any combination thereof. Greenspace means land that is undeveloped and covered with grass, trees, shrubs, or other vegetation. Gross leasable floor area means the total floor area of a commercial building designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, expressed in square feet as measured from the denter line of joint partitions and from outside wall faces. Guest cottage means living quarters within a detached accessory building located on the same lot or parcel of land as the primary structure, used exclusively for housing members of the family occupying the main building and their nonpaying guests. Such quarters shall not be rented or otherwise used as a separate dwelling. By no means shall such a use be considered a separate primary structure and eligible for a minor subdivision if either resulting lot created will be substandard in size. Guest room means any room with a private bath and private entrance from the outside, hall, corridor, or lobby, which may be rented as a single rental unit. Hardship means the circumstances where special conditions, which were not self- created or created by a prior owner, affect a particular property and make strict conformity with the restrictions governing dimensional standards (such as lot area, lot width, setbacks, yard requirements, or building height) unnecessarily burdensome or unreasonable in light of the purpose of this Code. Unnecessary hardship is present only where, in the absence of a variance, no feasible use can be made of the property. Height of building means the vertical distance measured from the average adjacent grade of the building to the extreme high point of the building, exclusive of chimneys, heating units, ventilation ducts, air conditioning units, elevators and similar appurtenances. Height variance means a variance granted to exceed the maximum height limitations for allowed uses in a zoning district. S 20141009CityCouncilPacket Page 70 of 210 20141002/jrl Home business office means an office use that is conducted entirely within the dwelling which is carried on by the occupant thereof and no other individual, and which is clearly incidental and secondary to the use of the dwelling for residential dwelling purposes. Home occupation means an occupation customarily carried on within a home for gain or support, involving the sale of only those articles, products or services produced on the premises, conducted entirely within a dwelling unit and conducted entirely by persons residing in that dwelling unit, using only that equipment as is customarily found in a home and involving no display of articles or products. Hospital means any place or institution which maintains and operates facilities for the care, custody and/or treatment of two or more nonrelated persons as patients suffering mental or physical ailments, and which shall be eligible for a license as a hospital under state regulations, but shall not be construed to include any dispensary or first-aid treatment facilities maintained by any commercial or industrial plant, educational institution or convent, nor to include any nursing care home as herein defined. Hospital or clinic, special means a hospital which treats communicable diseases, insane or feebleminded patients, epileptics, drug addicts or alcoholic patients. Hotel means a building designed to provide accommodations for transients or persons for short-term residence, with or without meals, and including customary accessory uses in connection with the principal use. House means structures occupied by people for the sole purpose of shelter and accommodations. Industry means any activity involving the manufacturing or treatment or any commodity including the assembly, packaging, canning, bottling, or processing of any item. To change any commodity in composition, form, size, shape, texture, or appearance is deemed to be an industrial process. Intersection means the area, whether or not signalized, within which vehicles traveling upon different roadways joining at any angle might collide. Junkyard means a junkyard is an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packaged, disassembled or handled, including but not limited to scrap iron and other metals, papers, rags, rubber tires and bottles. A junkyard includes an auto-wrecking yard but does not include uses established entirely within enclosed buildings. Kitchen means an area used for preparation of food, which contains: 9 20141009CityCouncilPacket Page 71 of 210 20141002/jrl a, A sink, b. A refrigerator, c. A stove or range top, and d. An oven or utility connections suitable for servicing a range or oven. If all of the above components are present, the area shall be considered a kitchen. Light business means a retail or service establishment that operates a low impact business and has fewer than five employees working at any given time. Living area means the area of a dwelling unit, enclosed, which is protected from the elements and heated, including interior halls, closets, and utility and storage areas, but excluding garages, carports, screened porches, unenclosed, and unheated areas. Loading space means a space within the main building or on the same lot providing for the standing, loading, or unloading of trucks, and having a minimum dimension of 12 feet by 50 feet and minimum vertical clearance of 14 feet. Lot means a piece, parcel, tract, or plot of land occupied or to be occupied by one (1) principal building and its accessory buildings and including the required yards and all lots of record included in any such piece, parcel, tract, or plot of land, and all lots otherwise designated by this Land Development Code. a. Corner lot means a lot abutting upon two or more streets at their intersection. b. Flag lot means a lot with access provided to the bulk of the lot by means of a narrow corridor. c. Interior lot means a lot, the side lines of which do not abut on a street. d. Through lot means an interior lot having frontage on two or more streets. 1I _1 . - f?6Pn�r Lao Si'/r^OI ■VI ClaibiThibe L,ot Al Tifoolp F 1.qri Z `! 1llaliQ Leol !lap La! I nN✓I*w 1-a1 OOTM L.i`J! y /Na cte• L.AS �� r. .w LOt Lusk: end th im I Frori a I 10 20141009CityCouncilPacket Page 72 of 210 20141002/jrl Lot of record means a lot whose existence, location, and dimensions have been legally recorded or registered in the Chatham County Clerk of Court's office in a deed or on a plat. Lot line means the property line, abutting right-of-way line, or any line defining the exact location and boundary of a lot. Lot width means the distance between the property lines measured at the building line. Lounge means a commercial establishment dispensing alcoholic beverages for consumption on the premises and where dancing and entertainment is permitted. Low profile luminary means light fixture set on a base which raises the light no higher than 60 inches off the ground and designed so that the light is directed downward from a hooded light source. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Land Development Code. Maintenance means an activity that restores but not changes the character, scope, size, or design of a serviceable area, structure, or land use to its previously existing, authorized, and undamaged condition. Major subdivision means any subdivision comprising four lots or more, or any subdivision involving a new street or change in an existing street. Manufactured home means a transportable factory-built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Manufactured homes are not permitted uses in any district. Manufactured housing means a factory-built, single-family structure that is manufactured under the authority of 42 USC 5401, the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis, and is designed to be used as a place of human habitation with or without a permanent foundation when connected to the required utilities. It is not constructed with a permanent hitch or other device allowing transportation of the unit other than for the 11 20141009CityCouncilPacket Page 73 of 210 20141002/jrl purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. Manufactured housing park means a parcel of land which is used or intended to be used for the rental or lease of spaces, stands, or manufactured houses and the provision of services for two or more manufactured houses. Manufactured housing space, stand means a plot of ground within a manufactured housing park designed for the accommodation of one manufactured house for rent or lease and not to be bought or sold individually. Marina means a commercial establishment with a waterfront location used for the purpose of storing watercraft and pleasure boats on land, in buildings, in slips, or on boatlifts and including accessory facilities for purposes such as re-fueling, minor repair, and launching. Marine facility means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. Marquee means a roof-like structure suspended over an entrance to a structure. Mean sea level(MSL) means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this Land Development Code, the term is synonymous with National Geodetic Vertical Datum (NGVD). Mezzanine means an intermediate story that projects in the form of a balcony covered and attached to the dwelling or structure. This is considered to be part of the structure for measurement purposes. Minor subdivision means any subdivision comprising three lots or less, and not involving a new street or change in an existing street. Mixed occupancy means occupancy of a structure or land for more than one principal use. Modular home means a factory fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes and which bears a seal of compliance with regulations of the Southern Building Code Congress International. 12 20141009CityCouncilPacket Page 74 of 210 20141002/jrl Narrow means, for variance purposes, a lot width of less than the 60 feet as required for a residential lot in Section 10-080(F)(6). A commercial lot does not have a narrow standard. Natural or artificial barrier means any river, pond, canal, roadway, railroad levee, embankment, hedge, fence, tree row or similar obstruction which limits access and/or visibility. Nesting season means May 1 through October 31 of each year. New construction means structures for which the "start of construction" commenced on or after the effective date of the ordinance from which this Land Development Code is derived. Nonconforming use means any building structure or use of land or building lawfully existing at the effective date of the ordinance from which this Land Development Code is derived, which does not conform with the provisions of this Land Development Code or amendments thereto. Nuisance means anything, condition, or conduct that endangers health and safety, or unreasonably offends the senses, or obstructs the free use and comfortable enjoyment of property, or essentially interferes with the comfortable enjoyment of life. Nursing home means a home for aged or ill persons in which three or more persons not of the immediate family are provided with food, shelter, and care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to diagnosis and treatment. Package shop means an establishment that sells alcoholic beverages only in sealed containers whose contents may not lawfully be consumed on the premises. Parking garage means a building designed and used for the storage of automotive vehicles operated as a business enterprise with a service charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles. Parking lot means an area or plot of land used for the storage or parking of vehicles, including all necessary additional space needed for vehicular access maneuvering thereto or therefrom. Parking space means a space not less than nine by 18 feet for one vehicle plus all necessary additional space needed for vehicular access thereto. Patio means an uncovered roofless area used for purposes of outdoor activity. The patio is not considered to be part of the structure for measurement purposes. 13 20141009CityCouncilPacket Page 75 of 210 20141002/jrl Personal care home means a building or group of buildings, a facility or place in which is provided two or more beds and other facilities and services, including room, meals, and personal care for nonfamily ambulatory adults for compensation. The following are three specific types of personal care homes: a. Family personal care home means a home for adults in a family type residence, noninstitutional in character, which offers care to two through six persons. b. Group personal care home means a home for adult persons in a residence or other type building(s), non-institutional in character, which offers care to seven through 15 persons. c. Congregate personal care home means a home for adults which offers care to 16 or more persons. Pervious means admitting of precipitation to infiltrate the surface or ground. Planned unit development (PUD) means any single-family planned unit development on one acre or more, which in design and construction complements the cultural and historical values of the surrounding area. Planning Commission means a seven-member body appointed by the mayor and council to evaluate proposed land use changes and land development proposals in the city. Point source of light means the actual light source, such as the bulb,fluorescent tube, lamp, etc., from which light emanates. Pole lighting means light fixtures set on a base or pole which raises the source of light higher than 60 inches off the ground. Porch means a roofed, open structure projecting from the front, side, or rear wall of a building. Principal structure means the building or structure in which the principal use of the lot is conducted. This shall include any buildings which are attached to the principal structure by a covered structure. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings. Principal use means the primary use of a zoned lot. Public hearing means an open public meeting for which interested parties may discuss a specific issue in an orderly manner before a public body. 14 20141009CityCouncilPacket Page 76 of 210 20141002/jrl Public notice means a means of informing the general public of a particular event in a fair and timely manner. Official rules of public notice vary depending on the type of event. See section 5-050 for specific public notice requirements as they pertain to land use regulation addressed in this Land Development Code. Public utility means any person, firm, corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state, or municipal regulations to the public: natural gas, steam, electricity or other energy sources, water, sewage collection and disposal, and communication, including cable television. Recombination of lots means rearrangement of lot boundaries from those already established. Recreational vehicle park(RV park) means see "campground." Redevelopment means any proposed expansion, addition, or major façade change to an existing building, structure, or parking facility. Regulated activity means any activity which will, or which may reasonably be expected to, result in the discharge of dredged or fill material into waters of the United States excepting those activities exempted in section 404 of the Federal Clean Water Act. Residential development means one or more buildings or structures or portions thereof which are designed for and used to provide a place of abode for human beings, including one and two family detached dwellings, multifamily residences, row houses, townhouses, and other similar group housing, together with accessory uses and structures normally common to residential uses including but not limited to garages, sheds, boat storage facilities, tennis courts, and swimming pools. Residential development shall not include hotels, motels, or any other type of overnight or transient housing or camping facilities, Restaurant means an establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public facility or nonprofit community swimming pool, playground, park, or marina operated solely for the convenience of patrons of the facility shall not be deemed a restaurant. Rezoning means the change in zoning classification of any parcel or parcels of land from one zoning district to another. Right-of-way means a strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission line, water line, sanitary sewer, storm sewer, and other similar uses. 15 20141009CityCouncilPacket Page 77 of 210 20141002/jrl Roof pitch means the geometric angle from the lowest point of the roof to the highest point of the roof on any structure. Sand dune means mounds of sand deposited along a coastline by wind action,which are often covered with sparse, pioneer vegetation and are located landward of the ordinary high-water mark and may extend into the tree line. Sand-sharing system means an interdependent sediment system composed of sand dunes, beaches, and offshore bars and shoals. School means a facility that provides a curriculum of academic instruction, such as kindergartens, elementary schools, middle schools, junior high schools, and high schools. Septic tank means a watertight receptacle that receives a discharge of sewage from a building, sewer, or part thereof and is designed and constructed to permit settling of solids from this liquid, digestion of the organic matter, and discharge of the liquid portion into a disposal area. Service industry means the provision of services to businesses as well as final customers in which no goods are produced. Service industries include accounting, plumber, computer services, restaurants, tourism, and other such consumer services. Service station means a building or lot where gasoline, oil, and greases are supplied and dispensed to the motor vehicle trade, and/or where battery, tire and other similar sales and services are rendered. Setback means the minimum horizontal distance between the front, rear, or side lot lines and the existing or proposed edges of the structure. The term "required setback" means a line beyond which a building is not permitted to extend under provisions set forth in this Land Development Code establishing minimum depth and widths of yards. Eaves not exceeding 24 inches are exempt from setback requirements. Eaves in excess of 24 inches are not exempt from setback requirements to the extent they succeed 24 inches. Sewer, public means a system that is owned, maintained and operated by the city, and approved by the state department of natural resources, environmental protection division. Shallow means, for variance purposes, a lot that would result in a residential building depth of less than 20 feet. A commercial lot does not have a shallow standard. Sign means any area or surface on which lettering or pictorial material is displayed for the purpose of directing attention to a profession, business commodity, service or entertainment. Different varieties of signage are defined as follows: 16 20141009CityCouncilPacket Page 78 of 210 20141002/jrl a. Advertising bench means a sign painted, located on, or attached to any part of a bench, seat, or chair placed on or adjacent to a public place or roadway. b. Animated sign means any sign that uses movement or change of lighting, either natural or artificial, to depict action or create a special effect or scene. c. Banner means any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. Official flags of any institution shall not be considered banners. d. Building marker means any sign indicating the name of a building and date and incidental information about its construction, and is cut into a masonry surface or made of bronze or other permanent material. e. Bulletin board means any sign erected by a charitable, educational or religious institution or a public body, which is erected upon the same property as said institution. f. Canopy sign means a message painted on or applied to a canopy, awning,or other roof-like structure. g. Commercial message means any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, sale or sales event or other commercial activity. h. Directional sign means a sign which directs the reader to the location of public or educational institutions, or to the location of historical structures or areas, or to the location of public parks or buildings. Directory sign means signs identifying the name of the development, multi- use activities within shopping centers, office complexes or apartment complexes. j. Flashing sign means an illuminated sign on which artificial light or reflected light is not maintained stationary and constant in intensity and color at all times when in use. k, Freestanding sign means a sign which is attached to or a part of a completely self-supporting structure. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or any other structure whether portable or stationary. Handbill means a printed sheet to be distributed by hand. m. Identification or information sign means signs of an informational nature bearing no advertising. n. Illuminated sign means a sign illuminated directly or indirectly by gas, electricity, or other artificial light including reflective or fluorescent light. o. Incidental sign means a sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "telephone," and other similar directives. p. Memorial sign means a sign or plaque erected in commemoration of a person, place or event. 17 20141009CityCouncilPacket Page 79 of 210 20141002/jrl q. Nonconforming sign means a sign existing at the effective date of the adoption of the ordinance from which this Land Development Code is derived which could not be built under the terms of this Land Development Code. r. Off-premises sign means a sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered, or existing elsewhere than upon the same lot where such sign is displayed. The term "off-premises sign" shall include an outdoor advertising sign (billboard) on which space is leased or rented by the owner thereof to others for the purpose of convening a commercial or noncommercial message. s. Political sign means any sign consisting of political speech. t. Portable sign means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels. Signs converted to A- or T-frames; menu and sandwich board signs; balloons used as a sign; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business. u. Projecting sign means any sign that shall be affixed at an angle or perpendicularly to the wall of any building in such a manner to read perpendicularly or at an angle to the wall on which it is mounted. v. Roof sign means any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure. w. Snipe sign means an off-premises sign made of any material that is tacked, mailed, posted, or otherwise attached to a tree, pole, stake, fence, or other object. x. Temporary sign means a nonpermanent sign erected, affixed, or maintained on the premises for a short, usually fixed period of time. y. Wall sign means a single faced sign which is in any manner attached or fixed flat to an exterior wall of a building or structure. Individual letters in addition to the box type (e.g., letters and symbols on an attached backing) sign may also be installed as a wall sign. z. Window sign means any sign, pictures, symbol, or combination thereof, designed to communicate information that is placed inside a window or upon the window. Site plan means a sketch, prepared to scale, accurately and with complete dimensioning to include: the boundaries of a site and the location of all buildings, structures, uses, significant trees, and proposed site development construction for a specific parcel of land. See sections 5-080(A) and (C) for specific requirements for site plans. Site variance means a variance granted to vary from regulations and restrictions for allowed uses in zoning districts, such as setbacks, minimum lot sizes, etc. 18 20141009CityCouncilPacket Page 80 of 210 20141002/jrl Special event means a temporary use that extends beyond the normal uses and standards allowed by the zoning ordinance of the city. "Special event" includes, but is not limited to, art shows, sidewalk sales, pumpkin and Christmas tree sales, haunted houses, carnivals, auto shows, grand openings, festivals, exhibitions, bazaars, weddings, and receptions. Special review permit means a permit issued by the mayor and council, after planning commission review and an advertised public hearing. Approval shall confirm that the proposed use meets all criteria set forth in section 5-070. Start of construction means beginning of work under a permit. Street means a public way which provides a principal means of access to abutting property. Streets are divided into two classifications as follows: a. Arterial streets means those streets which are designated as arterials on the major thoroughfare plan and which are used or intended primarily for fast or heavy traffic. b. Collector streets means those streets which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development. c. Street, lane means minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street. d. Marginal access street means those minor streets which are parallel to and adjacent to arterial streets and highways; and which provide access to abutting properties, and protection from through traffic. e. Minor streets means all other public ways which provide a means of vehicular access to abutting properties. f. Opened street means a street shall be deemed to be opened if it is either of the following: 1. Available for public use and maintained by the city; or 2. Was constructed to city specifications following the adoption of the ordinance from which this Land Development Code is derived. g. Private drive means a 20-foot (minimum) access easement dedicated perpetually for use by residences/lots. The city shall be responsible for neither maintenance nor city services within the easement, and such shall be stated on the plat of record. h. Unopened street means a street or any part thereof shall be deemed to be unopened if it is not cleared, graded and available for public use. 19 20141009CityCouncilPacket Page 81 of 210 20141002/jrl Structural alterations means any change, except for repair or replacement of the supporting members of a building, such as bearing walls, columns, beams or girders. Structure means anything constructed or erected, the use of which requires permanent location on the land, or attachment to something having a permanent location on the land, and not including manufactured homes. Subdivision means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of immediate or future sale, legacy, or building development. All divisions of land involving a new street or a change in existing streets. The term includes the re-subdivision of land and when appropriate to the context relates to the process of subdivision or to the land subdivided. Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the Chatham County Tax Assessor's appraisal or certified appraisal of fair market value of the structure either (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. Survey map or plat, (land) means a map, prepared to scale, of a particular piece of real estate signed and stamped by a registered land surveyor certified by the state. Such map or plat must also meet all other requirements of G.C.G.A, § 43-15-1 et seq.to be considered an official survey. Townhouses means a residential structure containing three or more attached single- family units designed as a single structure having common or party walls. Each unit shall have its own front door which opens to the outdoors, but, without access between adjoining units. Travel trailer means any vehicle or similar portable structure mounted on wheels, designed and intended primarily for short-term (under two weeks) occupancy for dwelling or sleeping or other purposes, and not exceeding 25 feet in length, and any recreational vehicle. Undeveloped parcel/vacant lot means a parcel or lot on which there is no permanent structure or part thereof designed for human habitation, occupation, or use. Use variance means a variance granted for a use that is not permitted in that zoning district. Used car lot means any parcel of land used for storage, display and sales of used automobiles and where no repair work is done except the necessary reconditioning of the cars to be displayed and sold on the premises. 20 20141009CityCouncilPacket Page 82 of 210 20141002/jrl Vacant means having no occupants or contents; empty or unoccupied. Vacant property means land or buildings that are not actively used for any purpose. Variance means an authorization by the mayor and council granting permission to depart from the literal enforcement of this Land Development Code. See criteria for variance, section 5-090. Vegetative state means land with plant growth, especially trees, shrubs, vines, ferns, mosses, and grasses. Walkway means any public or private route intended and suitable for pedestrian use. This term includes sidewalks, paths, and trails. Warehouse means one or more structures containing one or more exclusive, compartmentalized storage spaces with direct and private access, to be used for storage. Water, public means a system that is owned, maintained, and operated by the city, a community corporation, or a privately owned system serving a community and approved by the Chatham County Health Department. Wetland means an area that is inundated or saturated by surface water or groundwater at a frequency and distribution sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.Wetlands generally include swamps, marshes, bogs, and similar areas. Wetland protection district means all wetlands within the jurisdiction of Tybee Island, Georgia as indicated on the wetlands map. Provided, however, that the wetlands map does not necessarily represent the boundaries of jurisdictional wetlands within Tybee Island and cannot serve as a substitute for a delineation of wetland boundaries by the U.S. Army Corps of Engineers, as required by section 404 of the Clean Water Act, as amended. Any local government action under this Land Development Code does not relieve the landowner from federal or state permitting requirements. Wetlands map means the current U.S. Fish and Wildlife Service National Wetlands Inventory Maps for Tybee Island, Georgia. Yard means an open, unoccupied space, other than a court, on the same lot with a building, open and unobstructed from the ground to the sky. a. Front yard means a yard across the full width of the lot extending from the front line of the lot. 21 20141009CityCouncilPacket Page 83 of 210 20141002/jrl b. Rear yard means a yard across the full width of the lot, extending from the rear line of the building to the rear line of the lot. c. Side yard means a yard between the side line of the building and the adjacent side line of the lot, extending from the front yard to rear yard. The side yard extends from the front of the structure to the rear so long as the rear of the structure is at least 60 feet from the front lot line, otherwise, the side yard extends to the point which is 60 feet from the front lot line. Zoning administrator means that person or persons appointed by mayor and council to enforce the provisions of this Land Development Code. 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. 22 20141009CityCouncilPacket Page 84 of 210 20141002/jrl 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 , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/55-2014 Art 2 definitions 09.30.14 23 20141009CityCouncilPacket Page 85 of 210 20141002/jr1 PLANNING COMMISSION CITY MANAGER Demery Bishop,Vice Chair $ #S Diane Schleicher Ron Bossick Marianne Bramble ' { Pr PLANNING&ZONING MANAGER Julie Livingston '. Dianne Otto, CFM John Major Tyler Marion, Chair .7-7/11 , CITY ATTORNEY David McNaughton Edward M. Hughes MINUTES Planning Commission Meeting September 16, 2014—7:00 p.m. Chair Tyler Marion called the September 16, 2014, Tybee Island Planning Commission meeting to order. The other Commissioners present were: Demery Bishop, Ron Bossick,Marianne Bramble,Julie Livingston,John Major, and David McNaughton. The oath of office was administered by Mayor Jason Buelterman for Ron Bossick. He had been appointed by City Council on June 12,2014. The Planning Commission term for Bossick will end on January 31, 2016. Chair Tyler Marion asked for consideration of the Minutes of the August 19, 2014, meeting. John Major made a motion to approve. Demery Bishop seconded the motion. The vote in favor was unanimous. There were no responses when Chair Tyler Marion asked if there were any disclosures or recusals. Text Amendment—Article 2,Definitions Planning and Zoning Manager Dianne Otto discussed that the Planning Commissioners had considered Article 2 at their last meeting and the version before them now was based on that input. Included on the list of Definitions to Add was the word warehouse. The conversation resulted in striking the phrase of personal property from the definition. Shallow was amended to remove the word width and correct use of the word depth. The phrase not to be used for commercial activities was removed from the definition of house. It was discussed that service industry had been added based on the discussion at the August meeting. Moving to the Definitions to Amend section,the words one or and persons were removed from the definition for family. It was stated the five items under Definitions to Strike would be removed from Article 2 only if the Text Amendment for Article 7, Tree Ordinance,was approved by City Council. Chair Tyler Marion requested public input. There wasn't any. He closed the Public Hearing. John Major moved for approval with the changes that had been suggested. Marianne Bramble seconded the motion. The vote in favor of the motion was 6-0. Otto stated the item would go to City Council on October 9. Text Amendment—Section 3-070,electrical meters Planning and Zoning Manager Dianne Otto explained the request was for continuity with Chatham County who provides Tybee Island's inspection services. The request was a Text Amendment to insert into Section 3-070(A)the sentence, "Single-family residential lots shall be limited to one electrical meter."Otto said requests are received for second meters and as a policy such requests are denied. Separate electric meters have been wanted on outbuildings and swimming pools. Otto said without this language staff is challenged to enforce it with the response to customers that this is what Chatham County does. Commissioner John Major said there are some people on Tybee that have solar panels. He said there are bidirectional meters that measure what comes from and goes to the grid, and there are also unidirectional meters where there is one meter for purchased power and a separate meter for power sold back to the grid.Major asked if a bidirectional meter was the only choice for solar panels. Otto said that was not the intent and the language needed to be clarified to say so. Major said it could be said it does not apply to selling power back to the grid. Commissioner Demery Bishop asked what a customary accessory structure was. Otto listed a garage, a shed, a pool house,or the like. She said requests for separate meters have been received for those and for gazebos and swimming pools. Bishop asked if someone has a cabana behind their primary residence would that qualify for a second meter. Otto's response was no. She read aloud the 20141009CityCouncilPacket Page 86 of 210 20141002/jrl definition of accessory building from Article 2.Bishop asked if a cabana was used for rental purposes would it fall under a different zoning environment. Otto responded yes,it would be considered a guest cottage or mother-in-law suite or something along that line. She offered that when it is a separate dwelling unit a separate meter is required. Chair Tyler Marion asked if it was a commercial entity and there was a cabana,how would this apply. Otto said this was specific to residential and we do not have these types of concern with commercial properties. Planning Commissioner Ron Bossick verified there is language for a separate meter for the mother-in-law or caretaker cottage. Otto added duplexes and multi- family to the list of buildings having separate electric meters.Bossick said if he decided to go into woodworking in the basement and he already has 250 or 300 amp service,if he decided to put in more power he would not be able to get a meter and therefore could not do a woodworking shop. Otto said he could upgrade his service but it would still be on one meter.Bossick said he thinks there is a limit to how much power you can bring in with one service. Major stated that in practice this proposed Text Amendment was not changing anything the City has been doing. Otto agreed and said because Tybee is under contract and receives services from Chatham County,to be consistent with the regulations the inspector enforces this would put it on our books as Chatham County has it. She said there would not be the claim that our inspector is enforcing under a Chatham County regulation.Major asked if Chatham County deals with solar. Otto said most likely they do. She said language could be put in that would exempt if it was a solar power exchange situation. Chair Marion asked if they wanted to have that inclusion.Major said Otto could parenthetically add, "This does not apply to solar systems selling power back to the grid through a separate unidirectional meter."The Chair asked if there was anybody from the public that wanted to comment.No one stepped forward. The Public Hearing was closed. David McNaughton moved to approve as amended with the addition of language to exempt solar power generation meters. Major seconded the motion. There were 5 votes in favor and Bossick voted against the motion. Otto stated the Text Amendment would go forward to Council on October 9. Text Amendment—Article 6, Sign Regulations Planning and Zoning Manager Dianne Otto said she would appreciate greatly input on Article 6, Sign Regulations. She said she was not looking for this to be voted on. She said she has not yet received input back from the City Attorney and she has a couple of her own items to include. Intern John Eric Schleicher had provided the document before them and he too has some notes and questions in the margins. The inclusion of numerous case law references in Section 6-009(I)was discussed. John Major asked if there was anywhere else in the Land Development Code where case law was included. Otto said not to her knowledge. She stated Schleicher had consulted the City Attorney and he did support these references being included. Julie Livingston said she found it odd and it may be better suited to be on a separate page to be given to people with an application for signage. Demery Bishop said he has seen this, they are referred to as annotations, and they are used to clarify the intent of the respective code section so the reader will understand where their case fits in or if they are perhaps attempting to have some type of legal case. He said he found it to be very helpful with one exception, and it certainly gave the precedence set for governing authorities to regulate signage within the municipalities, so it is beneficial. Major asked if annotations would normally be footnoted at the bottom of each page or at the end of the section,rather than as a section of its own. Bishop said not necessarily; sometimes they were contained following the code section, sometimes they were contained in technical statutory law books which are now online. He said as a court interprets a code section in 2014 that had passed in 2000,the interpretation would be included in the latest edition of that particular code section within an annotation.Major and Bishop discussed this further. Otto read the title of Section 6-009 which was,"Editor's Note to Article 6." Section 6-040(C), Signs Not Requiring a Permit, subsection(1)was considered. It was agreed it was appropriate to remove the phrase or any other sanctioned and approved flag the by city. It was also agreed additional clarity was needed in this section for flags with university or sport messages. Two minor corrections to Section 6-040(H)were affirmed. A new Section 6-045 specific to short term vacation rentals was considered. Otto explained there had been a call for signage at vacation rentals so if there is an issue it is known who to contact if the current renters need assistance or if the Police are in need of contacting the owners. This section would require a sign be posted with the name of the property manager, a twenty-four hour, seven-day a week contact phone number,no advertising, and it would be limited to six square feet. Major said this was a great idea and something this was sorely needed on Tybee. For condominiums he proposed a single sign with a list of the unit numbers and the specific vacation rental contact information for each unit. Marianne Bramble asked if all short term rentals have business licenses. Otto said every vacation rental is subject to business licensing, or occupational tax. If it is a management company that has multiple properties, one license covers all 20141009CityCouncilPacket Page 87 of 210 20141002/jrl their properties. If it is a rent by owner and it is their sole vacation rental,the business license is issued specifically to that owner. Chair Marion asked if the onus would be on the business owner to procure their own sign or would the City produce an acceptable standardized sign for the unit. Otto said the City would not provide a uniform sign. Otto suggested inserting that these signs are not to be posted out at the property line where it appears like a For Sale sign. These are intended to be up at the house,on the property,not as an advertisement that this is a vacation rental. Chair Marion said right now we have a fair amount of businesses that have vacation rentals doing some type of sign. Major said as it was written it would apply to a hotel, a condominium, a private home, a bed and breakfast. He suggested clarifying who this should apply to. Some places have twenty-four hour desks and they do not need a twenty-four hour sign. Bramble and Otto discussed options for the location of the proposed signage. Otto stated this was intended to assist is situations where the owner needs to be contacted.Major said it is his experience the members of TIARA [Tybee Island Association of Rental Agents] are extremely responsive if one of their units is causing problems. Bishop said the sign needs to be quickly visible. If a neighbor observes flooding pipes or something of that nature, and it's a rental and they don't know who to call,that sign would give a specific person to call immediately, in addition to calling the City to cut the water off.He said there are a number of instances where knowing who to call would be beneficial.Major suggested if there is another intern it would be a really good project once these signs are all prominently posted to put together a directory by address. Otto confirmed for Ron Bossick that this proposed Text Amendment would be the only ordinance that specifically discusses short term rentals. Major commented this has come up lots of times and the answer generally has been that these are private dwellings and every regulation that applies to your home in terms of noise, lights, excessive disturbance, applies to that rental. Otto recalled a specific ordinance with some vacation rental regulations and the will was not to move forward with that. Major said we have had town meetings on it and he would support it,but it has not happened. Chair Marion requested a large sign,reflective, so local law enforcement, fire department, or even he, can go out in the middle of the night, shine a light on it and get a number. He said we all have been on properties where all of the sudden you notice it is a Tow Away Zone and a phone number to call. He said it ought to be that powerful so people that have a need to isolate who that owner is can do so efficiently and quickly. Bishop agreed. The discussion moved to Section 6-070,Prohibited Signs. Clarity for the roof sign language was supported. Insertion of the word area into Section 6-080(E)(2)(b)was also affirmed. The table of Section 6-080(E)(2)(c)was considered with discussion focused on the lot frontage and speed limit standards. The roof mounted sign language in Section 6-080(E)(4) was compared to the language of Section 6-070(J). It was decided to insert projecting into (J). It was agreed it was appropriate for the projecting sign size language from (3)(a)to be copied to(4)for roof mounted signs, and it was decided the word square needed to be inserted in both. Otto shared that an upcoming edit will state the number of projecting and roof mounted signs allowed at a business such as is currently included for wall and freestanding signs. Section 6-080(F), Signs on Vacant Property in Commercial Zoning Districts,was considered next. Schleicher had identified that the current language would prohibit a For Sale sign. The sentence was restructured to read, "Signs shall not be permitted on lots with no primary structure in commercial zoning districts except real estate signs."The potential of political signs on vacant commercial lots was discussed. David McNaughton asked about signs located on benches from Section 6-070(N).He asked if there were a lot of grandfathered benches in the City. Otto said she would locate the language elsewhere in the Code that allowed the inventory of existing benches to continue with no new benches to be added. For Section 6-070(0), Handbills,Major said there are all kinds of Supreme Court rulings that election materials cannot be prohibited. Adjournment David McNaughton motioned to adjourn. Julie Livingston seconded his motion. The vote was unanimous. Meeting ended at 8:17 p.m. Minutes prepared by Dianne Otto 20141009CityCouncilPacket Page 88 of 210 20141002/jrl MAYOR g CITY MANAGER Jason Buelterman "1) Diane Schleicher CITY COUNCIL .trAlr CITY CLERK Wanda Doyle,Mayor Pro Tern 0=4 I Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett s Edward M.Hughes Monty Parks , ucx �` � 1 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: October 9, 2014 Item: Second Reading Explanation: Text Amendment Ord. 26B-2014; Municipal Code Sec. 54-6, Road Warranty; City of Tybee Island, petitioner; consideration of requirements for street work Budget Line Item Number(if applicable): N/A Paper Work: Ai Attached* i 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) 472-50311 dotto@cityoftybee.org cityoftybee.org Comments: First Reading was on March 13, 2014. No action was taken. Revisions and review by the Infrastructure Committee were requested.Another First Reading was on September 18, 2014. Subsection (b) was changed from 4 years to 2 years. Date given to Clerk of Council: September 29, 2014 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX (866) 786-5737 , City of , Ethics f www.cityoftybee.org -►s��!� � 20141009CityCouncilPacket Page 89 of 210 2014'10 /jrl PART II - CODE OF ORDINANCES Chapter 54-STREETS, SIDEWALKS AND OTHER PUBLIC PLACES ARTICLE I. IN GENERAL Sec. 54-6. Road warranty. (a) In connection with any work performed by contractors for the City of Tybee Island, the contractors shall warrant the performance, quality, and workmanship and the quality of all materials on any road project for a period of on-e two years after final acceptance by the city. The city may require letters of credit or bonds or cash, in an amount determined by the City, in order to secure the obligation under the warranty. (b) When contractors perform work a street cut for private entities or in subdivisions and it is intended that the city will accept-dedication--of-the road-and-of any road or right-of-way, the contractors shall warrant the performance, quality, and workmanship and the quality of all materials on any road project street cut for a period of two fotFF two years after final acceptance by the city. The city may require letters of credit or bonds or cash in order to secure the obligation under the warranty. A minimum road warranty of$6.00 $750 shall be required which may be increased for larger projects. 09/22/2014 Tybee island, Georgia,Code of Ordinances Page 1 20141009CityCouncilPacket Page 90 of 210 20141002/jrl ORDINANCE NO. 26-B-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO SECTION 54-6 REGARDING ROAD WARRANTY FOR THE CITY OF TYBEE ISLAND, GEORGIA 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 so as to amend Section 54-6, road warranty, so as to clarify its terms; and NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Section 54-5 of the Code of Ordinances of the City of Tybee Island shall be amended. SECTION 1 Section 54-6 shall be amended so that hereafter it will read as follows: Sec. 54-6. Road warranty. (a) In connection with any work performed by contractors for the City of Tybee Island, the contractors shall warrant the performance, quality and workmanship and the quality of all materials on any road project for a period of two years after final acceptance by the city. The city may require letters of credit or bonds or cash, in an amount determined by the city, in order to secure the obligation under the warranty. (b) When contractors perform a street cut for private entities or in subdivisions of any road or right-of-way, the contractors shall warrant the performance, qualify and workmanship and the quality of all materials on any street cut for a period of two years after final acceptance by the city. The city may require letters of credit or bonds or cash in order to secure the obligation under the warranty. A minimum road warranty of$750 shall be required which may be increased for larger projects. 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 20141009CityCouncilPacket Page 91 of 210 20141002/jrl 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 , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/26-2014 Sec 54-6 road warranty 03.04.14 Tybee/Ordinances/2014/26-B-2014 Sec 54-6 road warranty,chgd by council,09.22.14 20141009CityCouncilPacket Page 92 of 210 20141002/jrl MAYOR CITY MANAGER Jason Buelterrnan Diane Schleicher CITY COUNCIL _ . CITY CLERK Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Rob Callahan ' ` z CITY ATTORNEY Bill Garbett sy� Edward M.Hughes Monty Parks .tA I ` * 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: October 9, 2014 Item: Second Reading Explanation: Text Amendment—Ord. 42-2014; Article 16, Stormwater Management; City of Tybee Island, petitioner; consideration of regulations for stormwater Budget Line Item Number (if applicable): N/A Paper Work: Ai Attached* -q 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 22, 2014 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified* (866) 786-4573—FAX(866) 786-5737 , City of , ,ffttvv}hk 11. Ethics 20141009CityCouncilPacket www. 93y %org 2141,00 LAND DEVELOPMENT CODE y redlines only 16. STORMWATER MANAGEMENT 07/24/2014 [DIVISION] A. IN GENERAL This new definition is located on page 5 of the Article 16 attachment to Ordinance 42-2014. Sec. 16-020. Definitions. Watercourse shall mean a permanent or intermittent stream or other body of water, either natural or manmade, which collects and/or conveys surface water. This title change is located on page 12 of the Article 16 attachment to Ordinance 42-2014. [DIVISION] C. STORMWATER QUALITY Sec. 16-220. Watercourse protection /Accidental discharge reporting requirements. This title change and revised text is located on page 13 of the Article 16 attachment to Ordinance 42-2014. Sec. 16-220. Watercourse protection /Accidental discharge reporting requirements. (a) Watercourse protection. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. (b) Accidental discharge reporting. In the event of an accidental discharge to the city's separate stormwater system of any material or substance other than stormwater runoff or those discharges specifically excluded in section 16-200, the stormwater department shall be contacted immediately and notified of the nature, quantity and time of occurrence of the discharge. The responsible party shall take immediate steps to contain, treat or to otherwise minimize effects of the discharge on the city's system and receiving streams. Immediate steps shall be taken to ensure no recurrence of the discharge. A written report addressed to the director of stormwater management detailing the date, time, cause, quantity, and characteristics of the discharge and the corrective and preventative actions taken will be sent to the director within five working days of the incident. 20141009CityCouncilPacket Page 94 of 210 20141002/jrl ORDINANCE NO. 42-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO AMEND ARTICLE 16, STORMWATER MANAGEMENT, FOR THE CITY OF TYBEE ISLAND, GEORGIA, TO PROVIDE A NEW EFFECTIVE DATE 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 amend the Code dealing with parking decals so as to place limitations thereon, and for other purposes, and WHEREAS, the City of Tybee Island desires to amend Section Article 16, Stormwater Management in order to protect water courses and to revise and clarify provisions regarding reporting or accidental discharges; and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances is hereby amended so as to clarify and revise Article 16, Stormwater Management shall be amended as hereinafter provided. SECTION 1 Article 16 is hereby amended and it shall hereafter read as attached. 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. 20141009CityCouncilPacket Page 95 of 210 20141002/jrl 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 , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/42-2014 Art 16 Stormwater Mgt 07.21.14 2 20141009CityCouncilPacket Page 96 of 210 20141002/jr1 PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. STORMWATER MANAGEMENT ARTICLE 16. STORMWATER MANAGEMENT v [DIVISION] A.- IN GENERAL [DIVISION] B.-STORMWATER MANAGEMENT FOR DEVELOPMENT ACTIVITIES (DIVISION] C.-STORM WATER QUALITY [DIVISION] D. - POST-CONSTRUCTION STORMWATER MANAGEMENT FOOTNOTE(S): (8) --- Editor's note—An ordinance adopted Feb. 26, 2009, repealed the former Art. 16., §§ 16-010-16-150, and enacted a new Art. 16 as set out herein. The former Art. 16 pertained to similar subject matter and derived from Code 1983, §§ 5-4-2-5-4-16 (Back) Tybee Island, Ge�orgig�opdee of Ordinances 2olaa e 1 20141009CityCouncilPacket ag j PART II-CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT [DIVISION] A. IN GENERAL [DIVISION]A. IN GENERAL Sec. 16-010. Short title. Sec. 16-020. Definitions. Sec. 16-030. Applicability of chapter. Sec. 16-040. Restrictions and limitations on the use of the city stormwater system. Sec. 16-050. The department responsibilities for stormwater management. Sec. 16-060. Criteria for variance. Sec. 16-070. Variance procedures. Sec. 16-080. Inspections. Sec. 16-090. Powers and authority of inspectors. Sec. 16-100. Discharge violation; remediation plan. Sec. 16-110. Emergency conditions. Sec. 16-120. Enforcement. Sec. 16-130.Appeals. Sec. 16-140. Penalty; costs. Sec. 16-010. Short title. This article shall be known as the City of Tybee Island stormwater management ordinance. Sec. 16-020. Definitions. For the purposes of this article, unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this article its most effective application. Words in the singular shall include the plural, and words in the plural shall include the singular. Words used in the present tense shall include the future tense. The word "shall" connotes mandatory and not discretionary; the word "may" is permissive. For purposes of this article, the following terms, phrases and words, and their derivatives, shall have the meaning given in this section: Accidental discharge shall mean a discharge prohibited by this article into the city separate stormwater system which occurs by chance and without planning or consideration prior to occurrence. Agricultural practices shall mean practices involving the establishment, cultivation, or harvesting of products of the field or orchard; the preparation and planting of pastureland, farm ponds; and the construction of farm buildings. Best management practices (BMPs) shall mean a wide range of management procedures, activities, and prohibitions or practices which control the quality and/or quantity of stormwater runoff and which are compatible with the planned land use. Tybee Island, Georgia, Code of Ordinances Page 2 20141009CityCouncilPacket Page 98 of 210 20141002/y1 PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT [DIVISION] A. IN GENERAL City shall mean the incorporated entity known as the City of Tybee Island, Georgia. City engineer shall mean any professional engineer registered in the State of Georgia hired or contracted by the city to provide civil engineering service to the city including but not limited to stormwater management, land use, site design and construction, and other duties as may be assigned City separate stormwater system shall mean a conveyance or system of conveyances (including roads with drainage systems, highways, rights-of-way, city streets, catch basins, curbs, gutters, ditches, both natural and manmade channels, storm drains, detention ponds, drainage easements dedicated to the city, other stormwater facilities) which meets all the following criteria: [(1)] Owned and maintained by the city; [(2)] Designed and used for collecting or conveying stormwater; [(3)] Not a known combined sewer; and [(4)] Not part of a publicly owned treatment works (POTW). Conveyance shall mean stormwater facilities designed for the movement of stormwater through the drainage system, such as concrete or metal pipes, ditches, depressions, swales. Department shall mean the City of Tybee Island Planning and Economic Development Department or such other department as may be then designated for stormwater management purposes. Development shall mean: [(1)] The division of a lot, tract or parcel of land into two or more lots, plots, sites, tracts, parcels, or other divisions by plat or deed; [(2)] The construction, installation, or alteration of a structure, impervious surface, or drainage facility; [(3)] Clearing, scraping, grubbing, or other activities that significantly disturb the soil, vegetation, mud, sand or rock of a site; or [(4)] Adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging, or otherwise disturbing the soil, vegetation, mud, sand or rock of a site. Director shall mean the director of planning and economic development department or such other department head as may be then designated as responsible for stormwater management. Discharge shall mean the release of stormwater to the city separate stormwater system. Drainage shall mean the removal of stormwater from a given area either by gravity or by pumping. Easement shall mean an acquired legal right for the specific use of land owned by others. Employee shall mean any city employee as designated by the city manager to have authority in stormwater management, planning, maintenance, or construction. Exempt shall mean the release of the obligation to comply with specific sections of this article. Flood shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from: [(1)] The overflow of inland or tidal waters; or [(2)] The unusual and rapid accumulation or runoff of surface waters from any source. Illicit connection shall mean an unauthorized or illegal connection to a city separate stormwater system which results in discharge that is not composed entirely of stormwater runoff. Tybee Island, Georgia, Code of Ordinances Pa e 3 20141009CityCouncilPacket Page 99 of 210 20141D02/jrl PART II-CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT [DIVISION] A. IN GENERAL Indirect discharge shall mean any discharge to the city's separate stormwater system via another conveyance system that is not owned, operated, or maintained by the city. Maintenance shall mean any action necessary to preserve stormwater facilities in proper working condition, in order to serve the intended purposes set forth in this article. Maximum extent practicable (MEP) shall mean the discharge standards and controls necessary for the reduction of pollutants discharged into the city separate stormwater system. These standards and controls may consist of a combination of best management practices, control techniques, system design and engineering methods, and such other provisions for the reduction of pollutants discharged from the city separate stormwater system. NPDES shall mean the National Pollutant Discharge Elimination System permit granted by the Georgia Department of Natural Resources. Person shall mean any individual, firm, corporation, government agency, business trust, estate, trust, partnership, association, two or more individuals having a joint or common interest, or any other legal entity. Pollutant shall mean any substance contributing to the contamination or alteration of stormwater's physical, chemical or biological properties, including change in temperature, taste, color,turbidity, or odor; by the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters that will or is likely to create a nuisance or have a detrimental impact on the city's stormwater system which would preclude the legitimate use of such a system. Private property shall mean property or facilities owned by individuals, corporations, and organizations other than the city, state, or federal government. Procedure shall mean the method adopted by the city, by and through the director, to implement a regulation or regulations adopted under this article, or to carry out other responsibilities as may be required by this Code or other codes, ordinances or resolutions of the City of Tybee Island or other agencies. Quality shall mean those parameters of stormwater that relate to the physical, chemical, biological or radiological integrity of stormwater. Quantity shall mean those characteristics of stormwater that relate to the rate, volume, and duration of concentration of stormwater runoff. Regulation shall mean any local, state, or federal rule, ordinance, design directive or other policies adopted by the mayor and council pursuant to the requirements of this article. Sanitary sewer system means the complete sanitary sewer system of the City of Tybee Island which discharges sewage directly or indirectly into the sewage treatment plant, including sanitary sewer pipelines, manholes and flushing inlets and appurtenances. Sediment shall mean solid particulate matter, both mineral and organic, that has been or is being transported by water, air, ice or gravity from its origin. Site shall mean any lot, plot, parcel or tract of land. Stormwater shall mean precipitation runoff, snowmelt runoff, and surface runoff. Stormwater management shall mean the procedures and steps taken to minimize the impact of stormwater as related to manmade changes in the land including, but not limited to, collection, conveyance, storage, treatment, and disposal of stormwater runoff. Stormwater management manual shall mean the most recent manual of stormwater management criteria of the City of Tybee Island. Tybee Island, Georgia Code of Ordinances Page 4 20141009CityCouncilPacket Page 100 of 210 20141 02/jrl PART II-CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT [DIVISION] A. IN GENERAL Stormwater management facilities shall mean any and all components of a stormwater drainage system, designed to perform a particular function, or multiple functions, including, but not limited to, pipes, swales, ditches, culverts, streets, detention basins, retention basins, constructed wetlands, infiltration devices, catchbasins, oil/water separators, sediment basins, natural systems, modular pavement and pump stations. Stormwater management plan shall mean all documents that provide information and specifications for the drainage systems, structures, BMPs, concepts, and techniques that will be used to minimize the impact upon the stormwater system by a particular development. Stormwater runoff shall mean the direct response of a land surface to precipitation to include surface and subsurface runoff that enters a ditch, stream, storm drain or other concentrated flow during and following the precipitation. Variance shall mean the modification of the minimum stormwater management requirements for specific circumstances where strict adherence of the requirements would result in unnecessary hardship and not fulfill the intent of this article. Watercourse shall mean a permanent or intermittent stream or other body of water, either natural or manmade, which collects and/or conveys surface water. (Ord. of 2-26-2009) Sec. 16-030. Applicability of chapter. (a) This article shall apply to all existing and future discharges to the city separate stormwater system. (b) If any term, requirement or provision of this article becomes invalid or unenforceable, the remainder of this article shall not be affected, and any and all other requirements and provisions shall remain valid and be enforced to the fullest extent. (c) When this article is in conflict with other ordinances, the ordinance with the most stringent requirements shall apply as determined by the director of planning and economic development. (Ord. of 2-26-2009) Sec. 16-040. Restrictions and limitations on the use of the city stormwater system. The primary purpose of the stormwater system is the conveyance of stormwater and other permissible discharges as outlined in section 16-0200. (1) No person shall discharge, spill, or dump substances or materials which are not entirely composed of stormwater or discharges otherwise exempted in section 16-200 of this article into the city separate stormwater system or onto driveways, sidewalks, parking lots, streets, or other areas that discharge into the city separate stormwater system. (2) It shall be unlawful for any person to maliciously, willfully, or negligently break, damage, destroy, uncover, deface, modify, or tamper with any stormwater structure, appurtenance, or equipment. (3) It shall be unlawful, without prior written approval of the director, to alter in any way any part of the stormwater system including, but not limited to, rerouting, removing, deepening, widening, enlarging, filling or obstructing any part of the stormwater system including fencing easements and rights-of-way which render the system inaccessible to equipment necessary to perform maintenance and repairs. Tybee Island, Georgia Code of Ordinances Page 5 20141009CityCouncilPacket Page 161 of 210 20141-002/y1 PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16.-STORMWATER MANAGEMENT [DIVISION]A. IN GENERAL (4) It shall be unlawful for any person to connect any pipe, open channel, or any other conveyance system that discharges anything except stormwater or exempted discharges listed in section 16-200 of this article to the city separate stormwater system. Illicit connections will be disconnected and redirected to the city sanitary sewer system upon approval by the water/sewer manager at the expense of the responsible person. (5) It shall be unlawful to increase stormwater quantity discharged to the city separate stormwater system without an accepted stormwater management plan. (Ord. of 2-26-2009) Sec. 16-050. The department responsibilities for stormwater management. The department shall be responsible for the management, maintenance, and improvement of the city's separate stormwater system, including activities necessary to control and monitor stormwater runoff quantity and quality. The department will: (1) Administer the city's stormwater management program; (2) Coordinate acceptance of stormwater management plans with city engineering with final acceptance based upon recommendations from the city engineer; (3) Direct operations and maintenance of the city's stormwater facilities to ensure optimal levels of service; (4) Establish and update this article and the stormwater management manual to include development standards and guidelines for regulating quantity and quality of stormwater runoff in compliance with NPDES permit requirements and changes in federal and state regulations; (5) Monitor private property discharges to the city separate stormwater system; (6) Take immediate steps to minimize effects of accidental discharges of pollutants into the city's stormwater system; (7) Develop stormwater educational and public awareness programs. (Ord. of 2-26-2009) Sec. 16-060. Criteria for variance. For those situations when enforcement of this article will not enhance stormwater quality or reduce the impact of additional discharges, a variance may be granted. The following must be met prior to consideration of a variance request. If there is: (1) No change to the rate, volume or concentration of runoff; (2) No negative impact on any wetland, watercourse, or waterbody; (3) No degradation of water quality; and (4) No increase in base flood elevation within the special flood hazard area based on National Flood Insurance Program maps. (Ord. of 2-26-2009) Tybee Island, Georgia Code of Ordinances Page 6 20141009CityCouncilPacket Page 162 of 210 20141002/y1 PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT [DIVISION] A. IN GENERAL Sec. 16-070. Variance procedures. (a) All requests for a variance shall be submitted in writing to the director and shall state the specific variance requested, with supporting data, and reasons why a variance should be granted. (b) The stormwater management director will conduct a review and render a decision within ten working days of receiving the request. (Ord. of 2-26-2009) Sec. 16-080. Inspections. The Department may inspect, survey, and monitor any stormwater facility, public or private, for reasons including but not limited to the following: (1) To ensure compliance with an accepted stormwater management plan; (2) To conduct sampling of any substance or parameters at any location; (3) To investigate suspicious discharges including illicit connections and spills; (4) To ensure all stormwater facilities are operational to the maximum extent practicable. (Ord. of 2-26-2009) Sec. 16-090. Powers and authority of inspectors. The director or other employees of the city bearing proper identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, testing. The city reserves the right to perform emergency repairs or maintenance to any portion of any stormwater system, public or private, when the stormwater system impacts a public stormwater system. (Ord. of 2-26-2009) Sec. 16-100. Discharge violation; remediation plan. (a) Whenever the director or his designee finds that any person has violated or is violating this article, he shall serve upon such person a written notice stating the nature of the violation, notice to cease all activities in violation of this article, and the potential penalty involved. (b) Upon determination that a violation of this article has occurred, a formal notice of violation shall be sent to the person from the director of stormwater management within five working days. (c) Upon receipt of notice of violation, the person shall submit a remediation schedule to the director within ten working days. All corrective measures shall be completed within 30 days of the initial notice of violation. (Ord. of 2-26-2009) Sec. 16-110. Emergency conditions. If a condition presents an immediate danger to the public health, safety, or general welfare because of unsafe conditions or improper maintenance, the city shall have the right, should the owner not take Tybee Island, G�or§i%3Co9 0of Ordinances 201341)&1k! 20141009CityCouncilPacket ag PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16.-STORMWATER MANAGEMENT [DIVISION] A. IN GENERAL immediate action, to make necessary corrections to protect the public and to make the facility safe at the expense of the responsible person. (Ord. of 2-26-2009) Sec. 16-120. Enforcement. Enforcement of this article is final unless the person submits a written request for a hearing within ten days of the notice of violation being served. (Ord. of 2-26-2009) Sec. 16-130. Appeals. (a) Any person aggrieved by a decision of the director may appeal same by filing a written notice with the director within ten working days of the action by the director. A notice of appeal shall state the specific reasons why the action of the director has adversely affected the person. (b) The director shall prepare and send to the appellant a written response within ten working days of receipt of the appeal, (e) Shall the appellant be dissatisfied, an appeal with the city manager may be requested within ten working days. The hearing shall be held within 30 days after receipt or on a date mutually agreed upon by the appellant and the city manager. The city manager shall then make his findings in writing within ten working days of the appeal hearing. (Ord. of 2-26-2009) Sec. 16-140. Penalty; costs. Any person who is found to have willfully and negligently failed to comply with any provision of this article, and the orders, rules, and regulations issued hereunder, shall be subject to a penalty not to exceed $1,000.00 or imprisonment or both. Each day in which a violation shall occur or continue to occur shall be deemed a separate and distinct offense. In addition to the penalties provided in this section, any person violating any provision of this article shall become liable to the city for any expense, loss, or damage incurred by the city by reason of such violation. (Ord. of 2-26-2009) Tybee Island, Georgia yda o deoof Ordinances 2014 c�2 rl 20141009CityCouncilPacket ag PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16.-STORMWATER MANAGEMENT [DIVISION] B. STORM WATER MANAGEMENT FOR DEVELOPMENT ACTIVITIES [DIVISION]B. STORMWATER MANAGEMENT FOR DEVELOPMENT ACTIVITIES Sec. 16-150. Exemptions from stormwater management plan submittal. Sec. 16-160. Stormwater management plan requirements. Sec. 16-170. Stormwater management plan acceptance. Sec. 16-180. Requirements and procedures for modifications and renewals of accepted stormwater management plans. Sec. 16-190. Minimum stormwater system design standards. Sec. 16-150. Exemptions from stormwater management plan submittal. The following development activities are exempt from stormwater management plan submittal; (1) Mining operations or oil and gas exploration, production, processing or treatment operations or transmission facilities, provided the stormwater runoff from these operations is composed entirely of flows which are from conveyances or systems of conveyances used for collecting and conveying precipitation runoff and which are not contaminated by contact with or that has not come into contact with any overburden, raw material, intermediate products, finished product or byproduct located on the site of such operations; (2) Minor development activities such as home gardens and individual home landscaping, individual residential repairs, individual residential maintenance work, and other individual residential activities which result in minor soil erosion as determined by the director; (3) Agricultural practices. (Ord. of 2-26-2009) Sec. 16-160. Stormwater management plan requirements. A stormwater management plan shall include as a minimum the following: (1) Site plan which conforms to all pertinent provisions of the subdivision regulation ordinance; (2) Soil erosion/sediment control plan; (3) Drainage report. The drainage report will contain a narrative that discusses pre- and post- development conditions and impacts for all upstream and downstream stormwater management facilities. The report shall include a site location plan, a detailed site plan for both the pre- and post-development conditions, pre- and post-development watershed boundaries, and all runoff and drainage system design calculations for the proposed development for the one-, five-, ten-, and 25-year 24-hour storms. Drainage calculations shall be performed using methods accepted by the director, as specified in the stormwater management guideline for private development activities. (4) For development activities in the special flood hazard areas (zones A, V, AE, and VE on the latest Federal Emergency Management Agency/National Flood Insurance rate maps), areas that are known to have flooded repetitively, or areas where a hydrologic model predicts flooding Tybee Island Ge�oraiatiCode lof Ordinances 2oP ge 9 20141009CityCouncilPacket a j PART II-CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT [DIVISION] B. STORMWATER MANAGEMENT FOR DEVELOPMENT ACTIVITIES will occur in the 100-year, 24-hour event, the developer must demonstrate that the 100-year flood elevations will have no increase resulting from development activity. (Ord. of 2-26-2009) Sec. 16-170. Stormwater management plan acceptance. (a) Unless the development is specifically exempted in section 16-150 from requiring a stormwater management plan, any person planning a development shall submit to the permit center, three copies of a stormwater management plan for review and acceptance. (b) All stormwater management plans shall be reviewed by the director or designated representative, based on the requirements of this article and all federal and state requirements. Plans may be accepted, rejected, or conditionally accepted pending modifications. (c) Acceptance of a stormwater management plan will be acknowledged by a response from the director or his designated representative and will be valid for one year. Acceptance of a plan is solely an acknowledgment of satisfactory compliance with the requirements of these pertinent regulations and does not constitute a representation or warranty to the applicant or any other person concerning the safety, appropriateness, comprehensiveness, or effectiveness of any provision or omission from the stormwater management plan. (Ord. of 2-26-2009) Sec. 16-180. Requirements and procedures for modifications and renewals of accepted stormwater management plans. (a) If construction does not begin within one year after stormwater management plan acceptance, it will be necessary to renew the acceptance of the stormwater management plan. (b) All requests for modifications and renewals shall be submitted in writing to the director and shall include justification for the request. The director or his designated representative shall review and make a determination on the request within ten working days. (c) Acceptance of a stormwater management plan will be acknowledged by a response from the director or his designated representative and will be valid for one year. Acceptance of a plan is solely an acknowledgment of satisfactory compliance with the requirements of these pertinent regulations and does not constitute a representation or warranty to the applicant or any other person concerning the safety, appropriateness, comprehensive, or effectiveness of any provision or omission from the stormwater management plan. (Ord. of 2-26-2009) Sec. 16-190. Minimum stormwater system design standards. (a) There shall be no increase in the base flood elevation within the special flood hazard area (SFHA), as delineated by the latest National Flood Insurance Program (NFIP) maps, or in any areas that are known to have flooded repetitively, or areas where a hydrologic model predicts flooding will occur in the 100-year, 24-hour event. Where hydrologic model results are conflicting, the stormwater management director shall decide which model will be used. Tybee Island, Georgia�6CoodeOof Ordinances 20 0o 7 rI 20141009CityCouncilPacket ag j PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT [DIVISION] B.STORMWATER MANAGEMENT FOR DEVELOPMENT ACTIVITIES (b) Finished floor elevations for structures not included in the special flood hazard area shall be equal to or higher than that shown on the original subdivision plat or neighborhood grading and drainage plan or as determined by a registered civil engineer. (c) The post-development peak rate of runoff cannot exceed the predevelopment peak rate of runoff for the one-, five-, ten-, and 25-year 24-hour events. Exception to this requirement shall be made for single-family homes provided that post-development run-off does not exceed one cubic feet per second (CFS). Exception shall also be made for single family lots that lie within a subdivision with an approved drainage plan. (d) In all submittals, if drainage calculations indicate that post-development runoff will exceed predevelopment runoff, then on-site detention for the one-, five-, ten-, and 25-year 24-hour events is required at a discharge rate equal to or less than the pre-developed 24-hour peak rate of discharge for all storm events from the one-, five-, ten-, and including the 25-year event, or the capacity of the existing downstream conveyance system must be upgraded in capacity to accommodate the additional 25-year, 24-hour discharge generated by the new development. On projects that lie within drainage basins for which the city believes to have insufficient outfall or has knowledge of flooding that would be intensified by the proposed development, the 50- and 100-year events will also be considered in the drainage and drainage calculations. Where outfall is not existing or feasible, the city may allow retention. Stormwater management by retention will be for all events up to and including the 100-year storm. (e) Drainage easements. The width and configuration requirements of drainage and maintenance easements/rights-of-way are listed in section 2.30 of the Stormwater Management Guide for Private Development. (Ord. of 2-26-2009) Tybee Island, Georgia Code of Ordinances Page 11 20141009CityCouncilPacket Page 167 of 210 201002/y1 PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT [DIVISION] C. STORMWATER QUALITY [DIVISION] C. STORMWATER QUALITY Sec. 16-200. Exemptions. Sec. 16-210. Stormwater discharge limitations. Sec. 16-220.Watercourse .rotection Accidental discharge resorting re'uirements. Sec. 16-230. Industrial/commercial activities. Sec. 16-200. Exemptions. The following discharges are exempt from the discharge limitations set forth in section 16-210 of this article: (1) Water line flushing and other discharges from potable water sources; (2) Landscape irrigation and lawn watering; (3) Irrigation water; (4) Diverted stream flows; (5) Rising groundwaters; (6) Infiltration to separate storm drains; (7) Uncontaminated pumped groundwater; (8) Foundation and footing drains; (9) Water from crawl space pumps; (10) Air conditioning condensation; (11) Springs; (12) Individual residential car washing; (13) Snowmelt; (14) Flows from riparian habitats and wetlands; (15) Flows from firefighting. (Ord. of 2-26-2009; Ord. No. 05-2012, 12-14-2011) Sec. 16-210. Stormwater discharge limitations. Discharges to the city's separate stormwater system shall, to the maximum extent practicable, not create a nuisance, cause interference with the legitimate use of city separate stormwater system, and shall not create the following conditions: (1) Foam or floating, suspended or deposited macroscopic particulate matter; (2) Bottom deposits or aquatic growth; (3) Alteration of temperature, turbidity, or apparent color beyond present natural background levels; Tybee Island Geoarg pi1 o deo f Ordinances 2P 12rl 20141009CityCouncilPacket PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT [DIVISION] C.STORM WATER QUALITY (4) Visible, floating, suspended, or deposited oil, grease, or any products of petroleum origin; (5) Toxic or deleterious substances to be present in concentrations or quantities which will cause harmful effects on aquatic biota, wildlife, or waterfowl, or which render any of these unfit for human consumption either at levels created in the receiving waters or as a result of biological concentration. (Ord. of 2-26-2009) Sec. 16-220. Watercourse protection 1 Accidental discharge reporting requirements. (a) Watercourse protection. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use,function, or physical integrity of the watercourse. (b) Accidental Discharge Reporting. In the event of an accidental discharge to the city's separate stormwater system of any material or substance other than stormwater runoff or those discharges specifically excluded in section 16-200, the stormwater department shall be contacted immediately and notified of the nature, quantity and time of occurrence of the discharge. The responsible party shall take immediate steps to contain, treat or to otherwise minimize effects of the discharge on the city's system and receiving streams. immediate steps shall be taken to ensure no recurrence of the discharge. A written report addressed to the director of stormwater management detailing the date, time, cause, quantity, and characteristics of the discharge and the corrective and preventative actions taken will be sent to the director within five working days of the incident. (Ord. of 2-26-2009) Sec. 16-230. Industrial/commercial activities. (a) Any industry that discharges directly into the City of Tybee Island separate stormwater system and is required to obtain an individual NPDES permit is required to submit a copy of the NPDES permit and EPA form 2F or any that supersede it to the director. Additionally a site plan with drainage system and type and amount of discharge shall be included with the submittal. (b) Any industrial or commercial activity not required to obtain an individual NPDES permit as defined by the Standard Industrial Codes (SIC) in 40 CFR 122, 123, and 124 but discharges stormwater to the city separate stormwater system is required to submit to the director the type of industrial/commercial activity, type of discharge, a site map with internal drainage system, and point of connection or discharge to the city separate stormwater system. (Ord. of 2-26-2009) Tybee Island, Georgia Code Ordinances 2b1410t5 2 r1 20141009CityCouncilPacket ag PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16.-STORMWATER MANAGEMENT DIVISION D. POST-CONSTRUCTION STORMWATER MANAGEMENT [DIVISION]D. POST-CONSTRUCTION STORMWATER MANAGEMENT Sec. 16-240. Description. Sec. 16-240. Description. This division addresses post-construction stormwater management in Georgia's Coastal Nonpoint Source Management Area. This division establishes requirements for stormwater plans that are to be submitted before land development commences. The plans document how post-construction stormwater runoff quality and quantity will be effectively managed according to performance criteria described in this division. Guidelines for inspection, maintenance, and violations are also included. This division is linked with existing stormwater management manuals including the Georgia Stormwater Management Manual, the Coastal Stormwater Supplement and local design manuals that provide the technical specifications for stormwater system design. (Ord. No. 13-2012, 4-12-2012) Subdivision 1.-General Provisions Subdivision 2.- Definitions Subdivision 3. -Permit Procedures and Requirements Subdivision 4. -Post-Construction Stormwater Management Criteria Subdivision 5. -Construction Inspection of Stormwater Management Systems Subdivision 6. -Ongoing Inspection and Maintenance of Stormwater Management Systems Subdivision 7. -Violations, Enforcement and Penalties Tybee Island, Georgia foCoodeoof Ordinances 20� I�: 20141009CityCouncilPacket ag �rl PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16.-STORMWATER MANAGEMENT DIVISION D. - POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 1. General Provisions Subdivision 1. General Provisions Sec. 16-250. Findings of fact. Sec. 16-260. Purpose and intent. Sec. 16-270. Applicability and exemptions. Sec. 16-280. Designation of administrator of this division. Sec. 16-290. Compatibility with other regulations. Sec. 16-300. Severability. Sec. 16-310. Stormwater management manual. Sec. 16-250. Findings of fact. It is hereby determined that: (1) Land development activities alter the hydrologic response of local watersheds, increasing stormwater runoff rates, volumes, and pollutant loads, and increase flooding channel erosion, and pollutant transport and deposition in rivers and streams; (2) Land development activities alter the hydrologic response of local watersheds, increasing stormwater runoff rates, volumes, and pollutant loads, and consequently, alter water levels and fluctuations and increase pollutant transport and deposition in wetlands; (3) Land development activities alter the hydrologic response of local watersheds, increasing stormwater runoff rates, volumes, and pollutant loads, and alter salinity concentrations and fluctuations and increase productivity and pollutant transport and deposition in estuaries; (4) Land development activities and alter the hydrologic response of local watersheds, increasing stormwater runoff rates, volumes, and pollutant loads, and increase bacteria transport and deposition in near coastal waters, which leads to beach contamination and closure and poses a serious threat to human health; (5) Land development activities alter the hydrologic response of local watersheds, increasing stormwater runoff rates and volumes, and, consequently, decreasing the amount of rainfall that is available to recharge shallow groundwater aquifers; (6) The negative impacts of land development activities on these important local aquatic resources can adversely affect the health, safety and general welfare of the general public; (7) The negative impacts of land development can be controlled and minimized through the regulation of stormwater runoff rates, volumes, and pollutant loads on development and redevelopment sites; (8) Communities within the Coastal Nonpoint Source Management Area are required to comply with a number of State and Federal regulations that require the adverse impacts of increased stormwater runoff rates, volumes and pollutant loads to be controlled and minimized; (9) Therefore, the City of Tybee Island has determined that it is in the public interest to control and minimize the adverse impacts of land development activities and has established this set of Tybee Island, Ge�orgia�Codeoof Ordinances 2Paneo 5 20141009CityCouncilPacket a PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT DIVISION D. - POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 1. General Provisions stormwater management provisions to regulate post-construction stormwater runoff rates, volumes and pollutant loads on development and redevelopment sites. (Ord. No. 13-2012, § 1.1, 4-12-2012) Sec. 16-260. Purpose and intent. The purpose of this division is to protect and maintain the integrity of local aquatic resources, and, consequently, the health, safety and welfare of the general public, by establishing minimum stormwater management provisions that control and minimize the adverse impacts of land development activities. This division seeks to meet that purpose through the following objectives: (1) Establish decision-making processes surrounding land development activities that protect the integrity of local aquatic resources; (2) Establish minimum post-development stormwater management standards and design criteria that will reduce flooding, channel erosion, and pollutant transport and deposition in local aquatic resources; (3) Establish minimum post-development stormwater management standards and design criteria that will help preserve existing hydrologic conditions and development and redevelopment sites; (4) Establish design criteria for structural and nonstructural stormwater management practices that can be used to meet the minimum post-development stormwater management standards and design criteria; (5) Encourage the use of better site planning, better site design and low impact development practices to the maximum extent practical at development and redevelopment sites; (6) Establish provisions for the long-term upkeep and maintenance of structural and nonstructural stormwater management practices to ensure that they continue to function as designed and pose no threat to public safety; and, (7) Establish administrative procedures for the submission, review, approval and disapproval of stormwater management plans and for the inspection of approved land development projects. (Ord. No, 13-2012, § 1.2, 4-12-2012) Sec. 16-270. Applicability and exemptions. (1) This division shall be applicable to all land development activities, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt pursuant to subsection 16-270(2) below. These standards apply to any new development or redevelopment activity within the City of Tybee Island that meets one or more of the following criteria: (a) New development that involves the creation of 5,000 square feet or more of impervious cover or that involves other land development activities of one acre or more; (b) Redevelopment that includes the creation, addition, or replacement of 5,000 square feet or more of impervious cover or that involves other land development activities of one acre or more; (c) Any new development or redevelopment, regardless of size, that is defined by the designated city official to be a hotspot land use; or 20141009CityCouncilPacket Tybee Island, Gag i?l2Cofc1Toof Ordinances 2o�IieOO27]ri PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT DIVISION D.- POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 1. General Provisions (d) Land development activities that are smaller than the minimum applicability criteria set forth above if such activities are part of a larger common plan of development, even though multiple, separate, and distinct land development activities may take place at different times on different schedules. (2) The following activities are exempt from this division: (a) Individual single-family or duplex residential lots that are not part of a subdivision or phased development project that is otherwise subject to this division; (b) Additions or modifications to existing single-family or duplex residential structures; (c) Projects that are exclusively for agricultural or silvicultural activities within areas zoned for these agricultural and silvicultural use; (d) Maintenance and repairs of any stormwater facility deemed necessary by the (administrator); (e) Any part of a land development project that was approved by the (administrator) prior to the adoption of the ordinance from which this division derives; and (f) Redevelopment that constitutes the replacement of the original square footage of impervious cover and original acreage of other land development activity when the original development is wholly or partially lost due to natural disaster or other acts of God occurring after (date of adoption). (Ord. No. 13-2012, § 1.3, 4-12-2012) Sec. 16-280. Designation of administrator of this division. The designated city official is hereby appointed to administer and implement the provisions of this division. (Ord. No. 13-2012, § 1.4, 4-12-2012) Sec. 16-290. Compatibility with other regulations. This division is not intended to interfere with, modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this division should be considered minimum requirements, and where any provision of this division imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. (Ord. No. 13-2012, § 1.5, 4-12-2012) Sec. 16-300. Severability. If the provisions of any section, subsection, paragraph, subdivision, or clause of this division shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision, or clause of this division. (Ord. No. 13-2012, § 1,6, 4-12-2012) Tybee Island, Georgia�3Codeoof Ordinances 2Pa e17 20141009CityCouncilPacket ag /jrl PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT DIVISION D.- POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 1. General Provisions See. 16-310. Stormwater management manual. The City of Tybee Island will utilize the standards, criteria, and information presented in the latest edition of the Coastal Stormwater Supplement (CSS), the Georgia Stormwater Management Manual, and any relevant local addenda, for the proper implementation of this division. The CSS also serves as the local design manual for the purpose of this division. These references may be updated and expanded periodically, based on improvements in science, engineering, monitoring, and local experience. (Ord. No. 13-2012, § 1.7, 4-12-2012) 20141009CityCouncilPacket Tybee Island, G Pag i 114 ofcNoof Ordinances 2P R012/1-1 PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16.-STORMWATER MANAGEMENT DIVISION D. -POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 2. Definitions Subdivision 2. Definitions Sec. 16-320. Terms defined. Sec. 16-320. Terms defined. [The following words,terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning] Applicant means a property owner or other responsible person who has submitted an application for a post-development stormwater management permit. Better site design means site design techniques that can be used during the site design process to minimize the creation of new impervious cover and reduce a site's impact on the watershed. Better site design techniques include reducing clearing and grading limits, roadway lengths and widths, and parking lot and building footprints. Better site planning means site planning techniques that can be used during the site planning process to protect and conserve natural areas that are critical in preserving pre-development site hydrology and reducing a site's impact on the watershed. Better site planning techniques include conserving significant stands of trees and other vegetation, natural drainage features, and riparian buffers. Building means any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area. Channel means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. Conservation easement means an agreement between a land owner and the City of Tybee Island or other government agency or land trust that permanently protects open space or greenspace on the owner's land by limiting the amount and type of development that can take place but continues to leave the remainder of the fee interest in private ownership. Dedication means the deliberate appropriation of property by its owner for general public use. Detention means the temporary storage of stormwater runoff in a stormwater management practice for the purpose of controlling the peak discharge. Detention facility means a detention basin or structure designed for the detention of stormwater runoff and gradual release of stored water at controlled rates. Developer means a person who undertakes land development activities. Development means a land development or land development project. Drainage easement means an easement appurtenant or attached to a tract or parcel of land allowing the owner of adjacent tracts or other persons to discharge stormwater runoff onto the tract or parcel of land subject to the drainage easement. Easement means a legal right granted by a land owner to a grantee allowing the use of private land for conveyance or treatment of stormwater runoff and access to stormwater management practices. 20141009CityCouncilPacket Tybee Island, Georgia,e Code 10 Ordinances 201410 29ri PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16.-STORMWATER MANAGEMENT DIVISION D. - POST-CONSTRUCTION STORM WATER MANAGEMENT Subdivision 2. Definitions Erosion and sedimentation control plan means a plan that is designed to minimize the accelerated erosion and sediment runoff at a site during land development activities. Evapotranspiration means the loss of water to the atmosphere by both evaporation and transpiration, which is the evaporation of water by plants. Extended detention means the detention of stormwater runoff for an extended period, typically 24 hours or greater. Extreme flood protection means measures taken to prevent adverse impacts from large low- frequency storm events with a return frequency of 100 years or more. Flooding means a volume of surface water that is too great to be confined within the banks or walls of a conveyance or stream channel and that overflows onto adjacent lands. Greenspace or open space means permanently protected areas of the site that are preserved in a natural state. Green infrastructure means better site planning and design techniques and low impact development practices that are used during the site planning and design process to preserve and/or replicate the pre- development hydrology of a development or redevelopment site and reduce a site's impact on the watershed. Hotspot means an area where the use of the land has the potential to generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater. Hotspots may be permanent or temporary. Hotspots include, but are not limited to, fueling stations (including temporary fueling stations during construction) and golf courses. Hydrologic soil group (HSG) means a Natural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups. The groups range from group A soils, with high permeability and little runoff produced, to group D soils, which have low permeability rates and produce much more runoff. Impaired waters means those streams, rivers and lakes that currently do not meet their designated use classification and associated water quality standards under the Clean Water Act. Impervious cover means a surface composed of any material that greatly impedes or prevents the passive, natural infiltration of water into soil. Impervious surfaces include, but are not limited to, rooftops, buildings, streets, and roads, except those designed specifically to provide active, engineered infiltration. Industrial stormwater permit means a National Pollutant Discharge Elimination System (NPDES) permit issued to an industry or group of industries that regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies. Infill development means land development that occurs within designated areas based on local land use, watershed, and/or utility plans where the surrounding area is generally developed, and where the site or area is either vacant or has previously been used for another purpose. Infiltration means the process of percolating stormwater runoff into the subsoil. Infiltration facility means any stormwater management practice designed to provide active, engineered infiltration of retained water to the subsurface. These stormwater management practices may be above or below grade. Inspection and maintenance agreement and covenant means a written agreement and covenant providing for the long-term inspection and maintenance of stormwater management facilities and 20141009CityCouncilPacket Tybee Island, G�g �116Cof210 Ordinances 2U10027jr1 PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT DIVISION D. -POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 2. Definitions practices on a site or with respect to a land development project, which when properly recorded in the deed records constitutes a restriction on the title to a site or other land involved in a development project. Jurisdictional wetland means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Land development means any change in land cover, including, but not limited to, clearing, digging, grubbing, stripping, removal of vegetation, dredging, grading, excavating, filling, and paving, that alters the hydrologic response of local watersheds. Land development activities means those actions or activities that comprise, facilitate, or result in land development. Land development project means a discrete land development undertaking. Low impact development means small-scale, distributed stormwater management practices that can be used during the site design process to replicate existing hydrologic conditions, help offset the creation of new impervious cover and reduce a site's impact on the watershed. New development means a land development activity on a previously undeveloped site. Nonpoint source pollution means a form of water pollution that does not originate from a discrete point, such as a sewage treatment plant or industrial discharge, but involves the transport of pollutants, such as sediment, fertilizers, pesticides, heavy metals, oil, grease, bacteria, organic materials, and other contaminants from land to surface water and groundwater via mechanisms such as precipitation, stormwater runoff, and leaching. Nonpoint source pollution is a by-product of land use practices, such as agricultural, silviculture!, mining, construction, subsurface disposal, and urban runoff sources. Nonstructural stormwater management practice or nonstructural practice means any natural or planted vegetation or other nonstructural component of the stormwater management plan that provides for or enhances stormwater quantity and/or quality control or other stormwater management benefits and includes, but is not limited to, riparian buffers, open and greenspace areas, overland flow filtration areas, natural depressions, and vegetated channels. Off-site facility means a stormwater management facility located outside the boundaries of the site. On-site facility means a stormwater management facility located within the boundaries of the site. Overbank flood protection means measures taken to prevent an increase in the frequency and magnitude of out-of-bank flooding (i.e. flow events that exceed the capacity of the channel and enter the floodplain) and that are intended to protect downstream properties from flooding for the two-year through 25-year frequency storm events. Owner means the legal or beneficial owner of a site, including, but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm, or corporation in control of the site. Permit means the permit issued by the City of Tybee Island to the applicant, which is required for undertaking any land development activity. Person means, except to the extent exempted from this division, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the State, any interstate body, or any other legal entity. 20141009CityCouncilPacket Tybee Island, G ag 1.?/7C dToof Ordinances 20 A1U62Tjri PART II-CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT DIVISION D. - POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 2. Definitions Post-development refers to the time period or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development activity on a site as the context may require. Pre-development refers to the time period or the conditions that exist, on a site prior to the commencement of a land development project and at the time that plans for the land development of a site are approved by the plan approving authority. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time prior to the first item being approved or permitted shall establish pre-development conditions. Project means a land development project. Recharge means the replenishment of groundwater aquifers. Redevelopment means a change to previously existing, improved property, including but not limited to the demolition or building of structures, filling, grading, paving, or excavating, but excluding ordinary maintenance activities, remodeling of buildings on the existing footprint, resurfacing of paved areas, and exterior changes or improvements that do not materially increase or concentrate stormwater runoff or cause additional nonpoint source pollution. Regional stormwater management facility or regional facility means stormwater management facilities designed to control stormwater runoff from multiple properties, where the owners or developers of the individual properties may assist in the financing of the facility and the requirement for on-site controls is either eliminated or reduced. Riparian buffer means an area of land at or near a streambank, wetland, or waterbody that has intrinsic water quality value due to the ecological and biological processes it performs or is otherwise sensitive to changes which may result in significant degradation of water quality. Runoff means stormwater runoff. Site means the parcel of land being developed, or the portion thereof on which the land development project is located. Stormwater hotspot means an area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater runoff. Stormwater management means the collection, conveyance, storage, treatment, and disposal of stormwater runoff in a manner intended to prevent increased flood damage, streambank channel erosion, habitat degradation, and water quality degradation and to enhance and promote the public health, safety and general welfare. Stormwater management facility means any infrastructure that controls or conveys stormwater runoff. Stormwater management measure means any stormwater management facility or nonstructural stormwater practice. Stormwater management plan means a document describing how existing runoff characteristics will be affected by a land development project and containing measures for complying with the provisions of this division. Stormwater management practice means structural and nonstructural practices that control stormwater runoff and provide for or enhance stormwater quantity and/or quality control or other stormwater management benefits. 20141009CityCouncilPacket Tybee Island, GeP°ag 0§iNCAToof Ordinances 201 072 rl PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT DIVISION D.-POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 2. Definitions Stormwater management system means the entire set of structural and nonstructural stormwater management practices that are used to capture, convey, and control the quantity and quality of the stormwater runoff. Stormwater retrofit means a stormwater management practice designed for an existing development site that previously had either no stormwater management practice in place or a practice inadequate to meet local stormwater management criteria. Storm water runoff means the flow of surface water resulting from precipitation. Structural storm water management practice means a structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to,the quantity and quality,the period of release, or the velocity of flow of such runoff. Subdivision means the division of a parcel of land resulting in one or more new lots or building sites for the purpose, whether immediately or in the future, of sale, transfer of ownership, or land development, and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway or a change in an existing street or roadway. Watercourse means a permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water. Watershed management plan means a document, usually developed cooperatively by government agencies and other stakeholders, to protect, restore, and/or otherwise manage the water resources within a particular watershed or subwatershed. The plan commonly identifies threats, sources of impairment, institutional issues, and technical and programmatic solutions or projects to protect and/or restore water resources. (Ord. No. 13-2012, § 2, 4-12-2012) Tybee Island, Geipa rgahCo to 63f Ordinances 201ffO3j r1 20141009CityCouncilPacket PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT DIVISION D.- POST-CONSTRUCTION STORM WATER MANAGEMENT Subdivision 3. Permit Procedures and Requirements Subdivision 3. Permit Procedures and Requirements Sec. 16-330. Permit application requirements. Sec. 16-340. Stormwater management concept plan and consultation meeting. Sec. 16-350. Stormwater management design plan. Sec. 16-360. Stormwater management inspection and maintenance agreement and plan. Sec. 16-370. Permit application procedure. Sec. 16-380.Application review fees. Sec. 16-390. Performance bonds. Sec. 16-400. Compliance through off-site stormwater management practices. Sec. 16-330. Permit application requirements. No owner or developer shall perform any land development activity without first meeting the requirements of this division and having been issued a permit from the City of Tybee Island. Unless specifically exempted by this division, any owner or developer proposing a land development activity shall submit to the city a permit application on a form provided by the city for that purpose. Unless otherwise exempted by this division, the following items shall accompany a permit application: (1) Stormwater management concept plan and record of a consultation meeting held in accordance with section 16-340; (2) Stormwater management design plan in accordance with section 16-350; (3) Inspection and maintenance agreement and plan in accordance with section 16-360, if applicable; (4) Permit application and plan review fees in accordance with sections 16-370 and 16-380; and (5) Performance bond in accordance with section 16-390. (Ord. No. 13-2012, § 3.1, 4-12-2012) Sec. 16-340. Stormwater management concept plan and consultation meeting. Prior to the submittal of a stormwater management design plan, inspection and maintenance agreement and plan, and permit application, the landowner or developer shall submit to the City of Tybee Island for review and approval, a preliminary concept plan describing, in general, how stormwater runoff through and form the development will be conveyed and managed. The submittal should include the following components: (a) Natural resources inventory. A graphic illustration of the natural resources at the site as they exist prior to the start of the project. The natural resources inventory shall be prepared in accordance with section 16-420. 20141009CityCouncilPacket Tybee Island, G 4020Co'tadderoof Ordinances 206$0 /jri PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT DIVISION D. - POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 3. Permit Procedures and Requirements (b) Proposed site plan. A graphic illustration of the proposed site layout including, at a minimum: existing and proposed topography; natural drainage features; perennial and intermittent streams; wetlands; soil types; groundwater recharge areas; floodplains; stands of trees and other vegetation; existing infrastructure; existing easements; proposed limits of clearing and grading; and location of proposed roads, buildings, parking areas, and other impervious surfaces. (c) Stormwater management concept plan. A graphic illustration of the proposed stormwater management system including, at a minimum; location of existing and proposed better site planning and design techniques, low impact development practices, and structural stormwater management practices; location of existing and proposed stormwater conveyance systems, such as grass channels, swales, and storm drains; flow paths; location of existing floodplains and floodways; the relationship of site to upstream and downstream properties and stormwater management systems; and the location of any proposed stream channel modifications, such as bridge or culvert crossings. The stormwater management concept plan shall utilize, to the maximum extent practical, better site planning and design techniques and low impact development practices to reduce stormwater runoff rates, volumes, and pollutant loads and reduce the site's impact on the watershed. Such techniques and practices include, but are not limited to: conservation and/or restoration of natural areas, such as forests, wetlands, and riparian buffers, minimization and/or disconnection of impervious surfaces, and small-scale distributed stormwater management practices that intercept and treat or otherwise manage stormwater runoff closer to its source. All applicants are encouraged to hold a consultation meeting with the city to discuss the proposed development project, the stormwater management concept plan, and opportunities to use better site planning and design techniques and low impact development practices to reduce runoff rates, volumes and pollutant loads and the site's impact on the watershed. This consultation meeting shall take place onsite after submittal, but prior to approval, of the stormwater management concept plan for the purposes of verifying site conditions and the feasibility of the stormwater management plan. Local watershed plans and any other relevant resource protection plans will be consulted during review of the stormwater management concept plan. If necessary, a follow-up meeting may be held with the applicant before formal site design commences to verify the feasibility of the stormwater management system that will be used to control and minimize the impacts of the proposed land development project. (Ord. No. 13-2012, § 3.2, 4-12-2012) Sec. 16-350. Stormwater management design plan. Subsequent to approval of the stormwater management concept plan and completion of formal site design, the owner or developer shall submit to the City of Tybee Island for review and approval, a stormwater management design plan that details how stormwater runoff through and from the development will be conveyed and managed. The stormwater management design plan shall detail how post-development stormwater runoff will be controlled or managed and how the proposed project will meet the requirements of this division, including the post-construction stormwater management criteria set forth in subdivision 4. The submittal should include the following components: Tybee Island, Georgia Code of Ordinances Page 25 20141009CityCouncilPacket Page 1221 of 210 201002/y1 PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16.-STORMWATER MANAGEMENT DIVISION D. - POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 3. Permit Procedures and Requirements (1) Certification by plan preparer: The stormwater management design plan shall be prepared in accordance with the criteria outlined in this section by a certified design professional such as a landscape architect, professional surveyor, or professional engineer who must certify that the design of the stormwater management system meets the requirements of this division and the latest edition of the Coastal Stormwater Supplement, the Georgia Stormwater Management Manual, and any relevant local addenda. (2) Certification by owner: The owner shall certify that all land clearing, construction, land development and drainage will be done according to the approved stormwater management design plan. (3) Stormwater management design plan: The stormwater management design plan shall address the requirements of this division and ensure that better site planning and design techniques and low impact development practices are being used to the maximum extent practical to reduce stormwater runoff rates, volumes, and pollutant loads and reduce the site's impact on the watershed. The stormwater management design plan shall include maps, narrative descriptions, and supporting design calculations (hydrologic and hydraulic) for the proposed stormwater management system. The stormwater management design plan shall include all of the information required in the latest edition of the Coastal Stormwater Supplement, the Georgia Stormwater Management Manual, and any relevant local addenda. (4) Stormwater management concept plan: A copy of the approved stormwater management concept plan shall be included with the submittal of the stormwater management design plan. The stormwater management design plan shall be consistent with the approved concept plan. If changes to the proposed land development activity have resulted in modification of the approved concept plan, the City of Tybee Island may require a revised concept plan or a written statement providing rationale for the changes made to the approved concept plan. (Ord. No. 13-2012, § 3.4, 4-12-2012) Sec. 16-360. Stormwater management inspection and maintenance agreement and plan. (1) Prior to the issuance of a permit for any land development activity requiring one, the applicant (or owner of the site, if different) must execute an inspection and maintenance agreement and plan that shall be binding on all subsequent owners of the site, unless the stormwater management system is dedicated to and accepted by the City of Tybee Island. (2) The inspection and maintenance agreement and plan shall include the following information: (a) Identification by name or official title the person(s) responsible for carrying out the inspection and maintenance. (b) A statement that responsibility for the operation and maintenance of the stormwater management system, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor owner. (c) A provision stating that, if portions of the land are sold or otherwise transferred, legally binding arrangements shall be made to pass the inspection and maintenance responsibility to the appropriate successors in title. These arrangements shall designate, for each portion of the stormwater management system, the person to be permanently responsible for its inspection and maintenance. Tybee Island, Georgia Code of Ordinances Page 26 20141009CityCouncilPacket Page 122 of 210 201 002/jrl PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT DIVISION D. - POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 3. Permit Procedures and Requirements (d) A maintenance schedule stating when and how often routine inspection and maintenance will occur to ensure proper function of the stormwater management system. (e) Plans for annual inspections to ensure proper performance of the stormwater management system between scheduled maintenance and remedies for the default thereof. (3) The inspection and maintenance agreement and plan shall be approved by the city prior to approval of the stormwater management design plan and recorded with the deed upon approval of the stormwater management design plan. (4) In addition to enforcing the terms of the inspection and maintenance agreement and plan, the city may also enforce all of the provisions for ongoing inspection and maintenance in subdivision 6 of this division. (5) The terms of the stormwater management inspection and maintenance agreement and plan shall provide for the city to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. These terms include the right to enter a property when the city has a reason to believe that a violation of an approved stormwater management inspection and maintenance agreement and plan or this division is occurring or has occurred and to enter when necessary for abatement of a public nuisance or correction of a violation of an approved stormwater management inspection and maintenance agreement and plan or this division. (Ord. No. 13-2012, § 3.4, 4-12-2012) Sec. 16-370. Permit application procedure. (1) Applications for post-construction stormwater management permits shall be filed with the City of Tybee Island on a permit application on a form provided by the city for that purpose. (2) Permit applications shall include the items set forth in section 16-330 above (two copies of the stormwater management design plan and the stormwater management inspection and maintenance agreement and plan, shall be included). (3) The city shall inform the applicant whether the application, stormwater management design plan, and inspection and maintenance agreement and plan are approved or disapproved. (4) If the permit application, stormwater management design plan, or inspection and maintenance agreement and plan are disapproved, the city shall notify the applicant of such fact in writing. The applicant may then revise any item not meeting the requirements of this division and resubmit the same, in which event subsection 16-370(3) above and this section shall apply to such resubmittal. (5) Upon a finding by the city that the permit application, stormwater management design plan, and inspection and maintenance agreement and plan, if applicable, meet the requirements of this division, the city may issue a post-construction stormwater management permit for the land development project, provided all other legal requirements for the issuance of such permit have been met. (6) Notwithstanding the issuance of the permit, in conducting the land development project, the applicant or other responsible person shall be subject to the following requirements: (a) The applicant shall comply with all applicable requirements of the approved stormwater management design plan and the provisions of this division and shall certify that all land clearing, construction, land development, and drainage will be done according to the approved stormwater management design plan; 20141009CityCouncilPacket Tybee Island, Georgia,.e Code 10 f Ordinances 2014 1002/ri PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT DIVISION D.- POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 3. Permit Procedures and Requirements (b) The land development project shall be conducted only within the area specified in the approved stormwater management design plan; (c) The city shall be allowed to conduct periodic inspections of the project in accordance with subdivisions 5 and 6 of this division; (d) No changes may be made to an approved stormwater management design plan without review and written approval by the city; and (e) Upon completion of the project, the applicant or other responsible person shall submit a statement certifying that the project has been completed in accordance with the approved stormwater management design plan and as-built plans for the stormwater management system, as required by section 16-550. (Ord. No. 13-2012, § 3.5, 4-12-2012) Sec. 16-380. Application review fees. A non-refundable permit fee shall be collected at the time the post-construction stormwater management permit application is submitted. Any monetary collection shall be credited to a local budget to support plan review, administration and management of the permitting process, and inspection of all projects subject to this division. The city shall develop a fee schedule based on the area of land disturbed by the project and may amend the fee schedule from time to time. (Ord. No. 13-2012, § 3.6, 4-12-2012) Sec. 16-390. Performance bonds. The city shall require from the developer a surety or cash bond, irrevocable letter of credit, or other means of security acceptable to the city prior to the issuance of any building and/or grading permit for any land development activity requiring a permanent stormwater management system. The amount of the security shall not be less than the total estimated construction cost of the permanent stormwater management system. The bond required in this section shall include provisions relative to forfeiture for failure to complete work specified in the approved stormwater management design plan, compliance with all of the provisions of this division, other applicable laws and regulations, and any time limitations. The bond shall not be fully released without a final inspection of the completed work by the city, submission of "as-built" plans, a recorded inspection and maintenance agreement and plan, and a certification of completion by the applicant that the stormwater management system complies with the approved stormwater management design plan and provisions of this division. A procedure may be used to release parts of the bond held by the city after various stages of construction have been completed and accepted by the city. The procedures used for partially releasing performance bonds must be specified by the local authority in writing prior to the approval of a stormwater management design plan. (Ord. No. 13-2012, § 3.7, 4-12-2012) Sec. 16-400. Compliance through off-site stormwater management practices. The stormwater management design plan for each land development project shall include structural and nonstructural stormwater management practices located on the development or redevelopment site unless provisions are made to manage stormwater runoff at an off-site or regional facility. The off-site or regional facility must be located on property legally dedicated for that purpose, be designed and Tybee Island, Georgia Code of Ordinances Page 28 20141009CityCouncilPacket Page 12.4 of 210 2014 002/jrl PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT DIVISION D. -POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 3. Permit Procedures and Requirements adequately sized to meet the post-construction stormwater management criteria set forth in subdivision 4 of this division, provide a level of stormwater quality and quantity control that is equal to or greater than that which would be provided by on-site stormwater management practices, and have a legally-obligated entity responsible for long-term operation and maintenance of the off-site or regional stormwater facility. In addition, stormwater management measures shall be implemented, where necessary, to protect upstream and downstream properties and drainage channels between the site and the location of the off- site or regional facility. To be eligible for compliance through an off-site stormwater management practice, the applicant must submit a stormwater management design plan to the city that shows the adequacy of the off-site or regional facility and demonstrates, to the satisfaction of the city, that the off-site or regional facility will not result in the following impacts: (1) Increased threat of flood damage or endangerment to public health or safety; (2) Deterioration of existing culverts, bridges, dams, and other structures; (3) Accelerated streambank or streambed erosion or siltation; (4) Degradation of in-stream biological functions or habitat; or (5) Water quality impairment in violation of State water quality standards, and/or violation of any state or federal regulations. (Ord. No. 13-2012, § 3.8, 4-12-2012) Tybee Island, Georgia Code of Ordinances Page 29 20141009CityCouncilPacket Page 125 of 210 201 002/jrl PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16.-STORMWATER MANAGEMENT DIVISION D. - POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 4. Post-Construction Stormwater Management Criteria Subdivision 4. Post-Construction Stormwater Management Criteria Sec. 16-410. Structural and nonstructural stormwater management practices criteria. Sec. 16-420. Natural resources inventory. Sec. 16-430. Runoff reduction. Sec. 16-440.Aquatic resource protection. Sec. 16-450.Water quality. Sec. 16-460. Groundwater recharge. Sec. 16-470. Overbank flood protection. Sec. 16-480. Extreme flood protection. Sec. 16-490. Redevelopment criteria. Sec. 16-500. Structural stormwater management practices. Sec. 16-510. Nonstructural stormwater management practices. Sec. 16-520. Stormwater conveyance systems. Sec. 16-410. Structural and nonstructural stormwater management practices criteria. All development and redevelopment sites shall utilize structural and nonstructural stormwater management practices to control and minimize the increased stormwater runoff rates, volumes, and pollutant loads caused by land development in accordance with the criteria presented below. Better site planning and design techniques and low impact development practices should be used to the maximum extent practical to reduce runoff rates, volumes, and pollutant loads and the site's impact on the watershed. Such techniques and practices include, but are not limited to, conservation and/or restoration of natural areas, such as forests, wetlands, and riparian buffers, minimization and/or disconnection of impervious surfaces, and small-scale distributed stormwater management practices, such as rain gardens, pervious pavement, and stormwater planters, that intercept and treat or otherwise manage stormwater runoff close to its source. For structural and nonstructural stormwater management practices not included in the Coastal Stormwater Supplement or the Georgia Stormwater Management Manual, or for which pollutant removal and runoff reduction rates have not been provided, the effectiveness of the structural or nonstructural stormwater management practice must be documented through prior studies, literature reviews, or other means and receive approval from the City of Tybee Island before being included in the design of a stormwater management system. In addition, if hydrologic or topographic conditions or land use activities warrant greater control than that provided by the post-construction stormwater management criteria, the city may impose additional requirements deemed necessary to protect upstream and downstream properties and aquatic resources from damage due to increased volume, frequency, and rate of stormwater runoff or due to increased nonpoint source pollution loads created on the development or redevelopment site in question. The following criteria shall apply to all land development activities and stormwater management design plans, unless otherwise provided for in this division. Tybee Island, Georgia Code of Ordinances Page 30 20141009CityCouncilPacket Page 126 of 210 20141002/jrl PART II-CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT DIVISION D.-POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 4. Post-Construction Stormwater Management Criteria (Ord. No. 13-2012, § 4, 4-12-2012) Sec. 16-420. Natural resources inventory. A graphic illustration of the natural resources at the development or redevelopment site, as they exist prior to the start of land development activities, shall be prepared during the site planning process. The Natural Resources Inventory shall include, at a minimum: existing topography; natural drainage features; perennial and intermittent streams; wetlands; riparian buffers; floodplains; steep slopes; soil types; groundwater recharge areas; areas with high groundwater; stands of trees and/or other vegetation; and areas with significant habitat value. Protection, conservation and/or restoration of a site's natural resources through the use of better site planning techniques may, at the discretion of the city, allow for a reduction in stormwater runoff volume as a means of complying with the post-construction stormwater management criteria outlined in sections 16-430 through 16-480. The better site planning techniques that qualify for this credit, and the procedures for calculating the runoff reduction provided by these nonstructural stormwater management practices, is provided in the latest edition of the Coastal Stormwater Supplement. (Ord. No. 13-2012, § 4.1, 4-12-2012) Sec. 16-430. Runoff reduction. (a) Some portion of the stormwater runoff generated on a development or redevelopment site shall be captured and retained, reused, or otherwise reduced in order to preserve and/or replicate pre- development site hydrology, recharge shallow groundwater aquifers, promote baseflow to on-site and downstream aquatic resources, and minimize the water quality impacts of land development. A stormwater management system complies with this requirement if: (1) It is designed to capture and retain, reuse, or otherwise reduce the prescribed runoff reduction volume from the site, as defined in the latest edition of the Coastal Stormwater Supplement; (2) Appropriate structural and nonstructural stormwater management practices that provide for the interception, evaporation, transpiration, passive infiltration, active (engineered) infiltration, extended filtration, and capture and reuse of stormwater runoff have been selected, designed, constructed, and maintained in accordance with the standards, criteria, and information presented in the latest edition of the Coastal Stormwater Supplement; and, (3) Stormwater runoff from any development or redevelopment site that is defined by the City of Tybee Island as a stormwater hotspot is not managed through the use of structural or nonstructural stormwater management practices that provide for passive or active (engineered) infiltration of stormwater runoff, unless adequate pre-treatment is provided, as defined by the City of Tybee Island. (b) Green infrastructure, which includes better site planning and design techniques and low impact development practices, shall be used to the maximum extent practical during the site planning and design process to capture and retain, reuse, or otherwise reduce the prescribed runoff reduction volume on a development or redevelopment site. (c) The city may reduce or waive the runoff reduction requirements on a development or redevelopment site with high groundwater, groundwater recharge areas, tight or contaminated soils, or other site constraints that prevent the use of one or more runoff reduction processes. When seeking a reduction in or waiver from runoff reduction requirements, the applicant shall demonstrate that Tybee Island, Georgia Code of Ordinances Page 31 20141009CityCouncilPacket Page 127 of 210 20141002/jrl PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT DIVISION D.- POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 4. Post-Construction Stormwater Management Criteria structural and nonstructural stormwater management practices that provide for the interception, evaporation, transpiration, passive infiltration, active (engineered) infiltration, extended filtration, and capture and reuse of stormwater runoff have been used to the maximum extent practical and that no additional runoff reduction can be provided on the site. Any of the prescribed runoff reduction volume that is not captured and retained, reused, or otherwise reduced on the site, shall be captured and treated in an appropriate structural stormwater management practice that has been selected, designed, constructed, and maintained in accordance with the standards, criteria, and information presented in the latest edition of the Coastal Stormwater Supplement. (Ord. No. 13-2012, § 4.2, 4-12-2012) Sec. 16-440. Aquatic resource protection. All stormwater management systems shall be designed to protect on-site and downstream aquatic resources from the water quality and water quality impacts of land development. A stormwater management system is presumed to comply with this standard if: (1) It provides aquatic resource protection in accordance with the criteria and information provided in the latest edition of the Coastal Stormwater Supplement; and, (2) Appropriate structural and nonstructural stormwater management practices have been selected, designed, constructed, and maintained in accordance with the standards, criteria, and information presented in the latest edition of the Coastal Stormwater Supplement and any relevant local addenda. (Ord. No. 13-2012, § 4.3, 4-12-2012) Sec. 16-450. Water quality. A significant portion of the stormwater runoff generated on a development or redevelopment site shall be adequately treated before discharge to minimize the water quality impacts of land development. A stormwater management system complies with this requirement if it meets the runoff reduction requirements of section 16-430 and the aquatic resource protection requirements of Section 16-440. (Ord. No. 13-2012, § 4.4, 4-12-2012) Sec. 16-460. Groundwater recharge. Groundwater recharge shall be preserved on a development or redevelopment site in order to preserve and/or replicate pre-development site hydrology, recharge shallow groundwater aquifers, and promote baseflow to on-site and downstream aquatic resources. A stormwater management system complies with this requirement if it provides groundwater recharge in accordance with the criteria and information provided in the latest edition of the Coastal Stormwater Supplement. The prescribed groundwater recharge volume on a development or redevelopment site, as defined in the latest edition of the Coastal Stormwater Supplement, shall be considered part of the runoff reduction volume defined in section 16-430, and shall not be managed in addition to the prescribed runoff reduction volume. Green infrastructure, which includes better site planning and design techniques and low impact development practices, shall be used to the maximum extent practical during the site planning and design process to preserve groundwater recharge on a development or redevelopment site. 20141009CityCouncilPacket Tybee Island, Gage 12dcmzi00f Ordinances 2PR07/jrl PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT DIVISION D. - POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 4. Post-Construction Stormwater Management Criteria (Ord. No. 13-2012, § 4.5, 4-12-2012) Sec. 16-470. Overbank flood protection. All stormwater management systems shall be designed to control the post-development peak discharge generated by the overbank flood protection storm event, as defined in the latest edition of the Coastal Stormwater Supplement, to prevent an increase in the frequency and magnitude of damaging overbank flooding. A stormwater management system complies with this requirement if: (1) It provides overbank flood protection in accordance with the criteria and information provided in the latest edition of the Coastal Stormwater Supplement; and (2) Appropriate structural and nonstructural stormwater management practices have been selected, designed, constructed, and maintained in accordance with the standards, criteria, and information presented in the latest edition of the Coastal Stormwater Supplement and any relevant local addenda. (Ord. No. 13-2012, § 4.6, 4-12-2012) Sec. 16-480. Extreme flood protection. All stormwater management systems shall be designed to control and/or safety convey the post- development peak discharge generated by the extreme flood protection storm event, as defined in the latest edition of the Coastal Stormwater Supplement, to protect downstream properties from flood damage, maintain the boundaries of existing floodplains, and protect the physical integrity of downstream stormwater conveyance features, management practices, and flood control facilities. A stormwater management system complies with this requirement if: (1) It provides extreme flood protection in accordance with the criteria and information provided in the latest edition of the Coastal Stormwater Supplement; and (2) Appropriate structural and nonstructural stormwater management practices have been selected, designed, constructed, and maintained in accordance with the standards, criteria, and information presented in the latest edition of the Coastal Stormwater Supplement and any relevant local addenda. (Ord. No. 13-2012, § 4.7, 4-12-2012) Sec. 16-490. Redevelopment criteria. Land development that qualifies as redevelopment shall meet one of the following criteria: (1) Reduce impervious cover. Reduce existing site impervious cover by at least 20 percent. (2) Provide stormwater management. Manage the stormwater runoff from at least 20 percent of the site's existing impervious cover and any new impervious cover in accordance with the post- construction stormwater management criteria outlined in sections 16-430 through 16-480 using stormwater management practices designed in accordance with the standards, criteria, and information presented in the latest edition of the Coastal Stormwater Supplement, the Georgia Stormwater Management Manual, and any relevant local addenda. Tybee Island, G�,ori?29C9cg�oof Ordinances 20IUrI 20141009CityCouncilPacket ag PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT DIVISION D.-POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 4. Post-Construction Stormwater Management Criteria (3) Provide off-site stormwater management. Provide a level of stormwater quality and quantity control that is equal to or greater than that which would be provided by on-site stormwater management practices, in accordance with section 16-400. (4) Combination of measures. Any combination of (1) through (3) above that is acceptable to the city. (Ord. No. 13-2012, § 4.8, 4-12-2012) Sec. 16-500. Structural stormwater management practices. All structural stormwater management practices shall be selected, designed, constructed, and maintained in accordance with the standards, criteria, and information presented in the latest edition of the Coastal Stormwater Supplement, the Georgia Stormwater Management Manual, and any relevant local addenda. Applicants shall consult the latest edition of the Coastal Stormwater Supplement, the Georgia Stormwater Management Manual, and any relevant local addenda for guidance on selecting structural stormwater management practices that can be used to satisfy the post-construction stormwater management criteria outlined in sections 16-430 through 16-480. (Ord. No. 13-2012, § 4.9, 4-12-2012) Sec. 16-510. Nonstructural stormwater management practices. The use of nonstructural stormwater management practices, including better site planning and design techniques and low impact development practices, is encouraged to preserve and/or replicate the pre-development hydrology of a development or redevelopment site, reduce a site's impact on the watershed, and minimize reliance on structural stormwater management practices. The use of nonstructural stormwater management practices may, at the discretion of the city, allow for a reduction in stormwater runoff volume as a means of complying with the post-construction stormwater management criteria outlined in sections 16-430 through 16-480. The nonstructural stormwater management practices that qualify for this credit, and procedures for applying and calculating the runoff reduction provided by these nonstructural stormwater management practices, is provided in the latest edition of the Coastal Stormwater Supplement. (Ord. No. 13-2012, § 4.11, 4-12-2012) Sec. 16-520. Stormwater conveyance systems. Stormwater conveyance systems, which may include but are not limited to culverts, stormwater drainage pipes, catch basins, drop inlets, junction boxes, headwalls, gutters, swales, channels, ditches, and energy dissipaters, shall be provided when necessary for the protection of public right-of-way and private properties adjoining development and redevelopment sites and/or public right-of-ways. Stormwater conveyance systems that are designed to convey stormwater runoff from more than one parcel shall meet the following requirements: (1) Methods used to calculate stormwater runoff rates and volumes shall be in accordance with the latest edition of the Georgia Stormwater Management Manual; (2) All culverts, pipe systems, and open channel flow systems shall be sized in accordance with the stormwater management design plan using the methods included in the latest edition of the Georgia Stormwater Management Manual; and,. Tybee Island, Georgia Code oof Ordinances 2Page 4�I 20141009CityCouncilPacket ag j PART II-CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT DIVISION D. - POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 4. Post-Construction Stormwater Management Criteria (3) Planning and design of stormwater conveyance systems shall be in accordance with the criteria and specifications found in the latest edition of the Georgia Stormwater Management Manual. (Ord. No. 13-2012, § 4.11, 4-12-2012) Tybee Island, Georgia,Code of Ordinances Page 35 20141009CityCouncilPacket Page 131 of 210 20141002/jrl PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT DIVISION D. - POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 5. Construction Inspection of Stormwater Management Systems Subdivision 5. Construction Inspection of Stormwater Management Systems Sec. 16-530. Notice of construction commencement. Sec. 16-540. Inspections during construction. Sec. 16-550. Final inspection and as built plans. Sec. 16-530. Notice of construction commencement. The applicant must notify the city before the commencement of construction. In addition, the applicant must notify the city in advance of construction of critical components of the stormwater management practices shown on the approved stormwater management design plan. The city may, at its discretion, issue verbal or written authorization to proceed with critical construction steps, such as installation of permanent stormwater management practices based on stabilization of the drainage area and other factors. (Ord. No. 13-2012, § 5.1, 4-12-2012) Sec. 16-540. Inspections during construction. Periodic inspections of the stormwater management practices shown on the approved stormwater management design plan shall be conducted by staff or representatives of the city during construction. Construction inspections shall utilize the approved stormwater management design plan for establishing compliance with the provisions of this division. All inspection shall be documented in written reports that contain the following information: (1) The date and location of the inspection; (2) The name of the inspector; (3) Whether construction is in compliance with the approved stormwater management design plan; (4) Violations of the approved stormwater management design plan; and, (5) Any other variations from the approved stormwater management plan. If any violations are found, the applicant shall be notified in writing about the nature of the violation and the remedial measures that are required to bring the action or inaction into compliance with the approved stormwater management design plan, as described in section 16-610. In the event that the remedial measures described in such notice have not been completed by the date set forth in the notice, any one or more of the enforcement actions outlined in section 16-620 of this division may be taken against the applicant. (Ord. No. 13-2012, § 5.2, 4-12-2012) Sec. 16-550. Final inspection and as built plans. Subsequent to the final installation and stabilization of all permanent stormwater management practices shown on the approved stormwater management design plan and before the issuance of a Tybee Island, Georgia Code of Ordinances Page 36 20141009CityCouncilPacket Page 132 of 210 201002/y1 PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT DIVISION D. - POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 5.Construction Inspection of Stormwater Management Systems certificate of occupancy the applicant is responsible for certifying that the project has been completed in accordance with the approved stormwater management design plan and submitting "as built" plans for all permanent stormwater management practices shown on the approved stormwater management design plan. The "as built" plans must show the final design specifications for all structural and nonstructural stormwater management practices and must be certified by a licensed landscape architect, professional surveyor, or professional engineer. A final inspection shall be conducted by the staff or representatives of the city to confirm the accuracy of the "as built" plans. A final inspection is required before any performance bond or other guarantee can be released. (Ord. No. 13-2012, § 5.3, 4-12-2012) Tybee Island, Georgia Code of Ordinances Page 37 20141009CityCouncilPacket Page 133 of 210 20141002/jrl PART Il -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT DIVISION D. -POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 6.Ongoing Inspection and Maintenance of Stormwater Management Systems Subdivision 6. Ongoing Inspection and Maintenance of Stormwater Management Systems Sec. 16-560. Maintenance responsibility. Sec. 16-570. Maintenance inspections. Sec. 16-580. Records of maintenance activities. Sec. 16-590. Failure to maintain. Sec. 16-560. Maintenance responsibility. (a) The responsible party named in the recorded stormwater management inspection and maintenance agreement and plan (section 16-360), shall maintain in good condition and promptly repair and restore all structural and nonstructural stormwater management practices, maintenance access routes, and appurtenances, including, but not limited to grade surfaces, walls, drains, dams, structures, vegetation, erosion and sediment controls, and other protective devices. Such repairs, restoration, and maintenance shall be in accordance with the approved inspection and maintenance agreement and plan. (b) If the responsible party named in the recorded inspection and maintenance agreement and plan is a homeowner's association or other owner's association, such as a unit owner's association, the responsible party shall submit to the city a copy of a recorded declaration that provides: (1) That stormwater management practices are part of the common elements of the development and shall be subject to the requirements of the stormwater management inspection and maintenance agreement and plan; (2) That membership in the association shall be mandatory and automatic for all homeowners or unit owners of the development and their successors; (3) That the association shall have lien authority to ensure the collection of dues from all members; (4) That the requirements of the inspection and maintenance agreement and plan shall receive the highest priority for expenditures by the association except for any other expenditures that are required by law to have a higher priority; (5) That a separate fund shall be maintained by the association for the routine maintenance, reconstruction, and repair of the stormwater management practices, and kept in an account insured by the FDIC or by another entity acceptable to the city; (6) That the routine maintenance, reconstruction, and repair fund shall contain at all times the dollar amount reasonably determined from time to time by the city to be adequate to pay for the probable reconstruction and repair cost (but not routine maintenance cost) of the stormwater management system for a three-year period; and (7) That, to the extent permitted by law, the association shall not enter into voluntary dissolution unless responsibility for the stormwater management practices is transferred to a successor. (c) The city, in lieu of an inspection and maintenance agreement and plan, may accept dedication of any existing or future stormwater management practice or facility for maintenance, provided such practice or facility meets all of the requirements of this division, is in proper working order at the time Tybee Island, Georgia Code 0 f Ordinances Page 38 hag 1 2l j rl PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16.-STORMWATER MANAGEMENT DIVISION D. - POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 6.Ongoing Inspection and Maintenance of Stormwater Management Systems of dedication, and includes adequate and perpetual access and sufficient area for inspection and regular maintenance. Such adequate and perpetual access shall be accomplished by granting of an casement to the city or through a fee simple dedication to the city. (Ord. No. 13-2012, § 6.1, 4-12-2012) Sec. 16-570. Maintenance inspections. (a) Periodic inspections of the stormwater management practices shown on an approved stormwater management design plan and subject to the terms and conditions of an approved inspection and maintenance agreement and plan shall be conducted by staff or representatives of the city to document repair and maintenance needs and ensure compliance with the requirements of the approved inspection and maintenance agreement and plan and provisions of this division. All inspections should be documented in written reports that contain the following: (1) The date and location of the inspection; (2) The name of the inspector; (3) The condition of: a. Vegetation and filter media, b. Fences and other safety devices, c. Spillways, valves, and other hydraulic control structures, d. Embankments, slopes, and safety benches, e. Reservoirs and permanent pools, f. Inlet and outlet channels and structures, g. Underground drainage structures; h. Sediment and debris accumulation in storage and forebay areas; i. Nonstructural stormwater management practices; j. Any other item that could affect the proper function of the stormwater management system; and (4) A description of repair, restoration, and maintenance needs. (b) If any repair, restoration, or maintenance needs are found, the responsible party named in the recorded stormwater management inspection and maintenance agreement and plan shall be notified in writing about the repair, restoration, or maintenance needs and the remedial measures that are required to bring the stormwater management system into compliance with the approved stormwater management inspection and maintenance agreement and plan, as described in section 16-610. In the event that the remedial measures described in such notice have not been completed by the date set forth in the notice, any one or more of the enforcement actions outlined in section 16-620 may be taken against the responsible party named in the approved stormwater management inspection and maintenance agreement and plan. (Ord. No. 13-2012, § 6.2, 4-12-2012) Tybee Island, Georgia, Code oof Ordinances 20 age 39rl 20141009CityCouncilPacket ag j PART II-CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT DIVISION D. - POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 6.Ongoing Inspection and Maintenance of Stormwater Management Systems Sec. 16-580. Records of maintenance activities. The responsible party shall make and maintain records of all inspections, maintenance, and repairs, and shall retain the records for a minimum of five years. These records shall be made available to the city during inspections and at other reasonable times upon request of the city. (Ord. No. 13-2012, § 6.3, 4-12-2012) Sec. 16-590. Failure to maintain. If the responsible party fails or refuses to meet the terms and conditions of an approved stormwater management inspection and maintenance agreement and plan and/or the requirements of this division, the city, after 30 days written notice (except, that in the event the violation constitutes an immediate danger to public health or safety, 24 hours notice shall be sufficient), may correct a violation by performing the work necessary to place the stormwater management practice in proper working condition. The city may assess the responsible party for the cost of the repair work, which shall be a lien on the property, and may be placed on the ad valorum tax bill for such property and collected in the ordinary manner for such taxes by the city. (Ord. No. 13-2012, § 6.4, 4-12-2012) Tybee Island, Georgia, Code of Ordinances Page 40 20141009CityCouncilPacket Page 136 of 210 20141002/jrl PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16.-STORMWATER MANAGEMENT DIVISION D. -POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 7. Violations, Enforcement and Penalties Subdivision 7. Violations, Enforcement and Penalties Sec. 16-600. Violations of this division. Sec. 16-610. Notice of violation. Sec. 16-620. Penalties. Sec. 16-600. Violations of this division. Any action or inaction that violates the provisions of this division or the requirements of an approved stormwater management design plan, stormwater management inspection and maintenance agreement and plan, or permit may be subject to the enforcement actions outlined in this subdivision. Any such action or inaction that 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. (Ord. No. 13-2012, § 7, 4-12-2012) Sec. 16-610. Notice of violation. If the city determines that an owner, applicant, or other responsible person has failed to comply with the provisions of this division, or the terms and conditions of an approved stormwater management design plan, permit, or inspection and maintenance agreement and plan, it shall issue a written notice of violation to such owner, applicant, or other responsible person. Where a person is engaged in a land development activity covered by this division without having first secured a stormwater management permit, the notice of violation shall be served on the owner or the person in charge of the land development activity being conducted on the development or redevelopment site. The notice of violation shall contain: (1) The name and address of the owner, applicant, or other 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 provisions of this division, or the terms and conditions of the approved stormwater management design plan, permit, or inspection and maintenance agreement and plan, and the date for the completion of such remedial measures; (5) A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is issued; and, (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 safety, a written notice of appeal must be filed within 24 hours after the notice of violation). (Ord. No. 13-2012, § 7.1, 4-12-2012) Tybee Island, Georgia, Code of Ordinances Page 41 20141009CityCouncilPacket Page 137 of 210 20141002/jrl PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 16. -STORMWATER MANAGEMENT DIVISION D. -POST-CONSTRUCTION STORMWATER MANAGEMENT Subdivision 7.Violations, Enforcement and Penalties Sec. 16-620. Penalties. (a) In the event that 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 issued. (b) Before taking any of the following actions or imposing any of the following penalties, the city shall first notify the owner, applicant, or other responsible person in writing of its intended action and shall provide a reasonable opportunity of not less than ten days (except, that in the event the violation constitutes an immediate danger to public health or safety, 24 hours notice shall be sufficient) to correct the violation. In the event the owner, applicant, or other responsible person fails to correct the violation by the date set forth in said notice, the city 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 may issue a stop work order that shall be served on the owner, applicant, or other responsible person. The stop work order shall remain in effect until the owner, applicant, or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise corrected the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take the remedial measures necessary to correct such violation or violations. (2) Withhold certificate of occupancy. The city may refuse to issue a certificate of occupancy for the building or other structure constructed or being constructed on the site until the owner, applicant, or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise corrected the violation or violations described therein. (3) Suspension, revocation, or modification of permit. The city may suspend, revoke, or modify the permit authorizing the land development activity. A suspended, revoked, or modified permit may be reinstated after the owner, applicant, or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise corrected the violation or violations described therein, provided the permit may be modified as the city may deem necessary to enable the owner, applicant, or other responsible person to take the remedial measures necessary to correct such violation or violations. (4) Civil penalties. In the event the owner, applicant, or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to correct the violation or violations described therein by the date set forth in the notice of violation, the city may impose a penalty not to exceed $1,00.000 (depending on the severity of the violation) for each day the violation remains unremedied after the date set forth in the notice of violation. (5) Criminal penalties. For intentional and flagrant violations of this division, the city may issue a citation to the applicant or other responsible person, requiring such person to appear in Tybee Island Municipal Court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000.00 or imprisonment for up to 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense. (Ord. No. 13-2012, § 7.2, 4-12-2012) Tybee Island, Georgia, Code of Ordinances Page 42 20141009CityCouncilPacket Page 138 of 210 20141002/jrl MAYOR tf. r CITY MANAGER Jason Buelterman Diane Schleicher CITY COUNCIL _ CITY CLERK Wanda Doyle,Mayor Pro Tern w Janet LeViner Barry Brown Callahan a CITY ATTORNEY Bill Garbett Edward M.Hughes Monty Parks 4/ortat'‘''1 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: October 9, 2014 Item: Second Reading Explanation: Text Amendment Ord. 52-2014; Article 7, Tree Ordinance; City of Tybee Island, petitioner; consideration of requirements of trees 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 an 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: October 1, 2014 * * * P.O. Box 2749—403 Butler Avenue, Tybee Island, Georgia 31328-2749 *Certified* (866) 786-4573—FAX (866) 786-5737 City of Ethics jf www.cityoftybee.org sal Li.? 20141009CityCouncilPacket Page 139 of 210 20t411A0'2/trl ORDINANCE NO.52-2014 AN ORDINANCE TO AMEND TI-IE CODE OF ORDINANCES FOR TI-IE CITY OFTYBEE ISLAND,GEORGIA RELATING TO ARTICLE 7 OF TI-IE LAND DEVELOPMENT CODE Wl-IEREAS, 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 Wl-IEREAS, the governing authority desires to adopt ordinances under its police, zoning, and home rule powers,and WHEREAS, the City of Tybee Island desires to delete the current Article 7 of the Land Development Code so as to clarify same; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that the current Article 7 is hereby deleted and Article 7 shall be replaced in its entirety with the following: ARTICLE 7.TREE ORDINANCE Sec.7-010.Findings of fact. Sec.7-020.Purpose. Sec.7-030.Definitions. Sec.7-040.Establishment of Tree Board. Sec.7-050.Administrator. Sec.7-060.Applications and exceptions. Sec.7-070.Tree protection during plat and plan approval. Sec.7-080.Tree permit required. Sec.7-090.Tree removal requirements. Sec.7-100.Removal of significant trees. Sec.7-110.Tree protection. Sec.7-120.Standards for tree planting and replacement. Sec.7-130.Alternative compliance/Palms Up Fund. Sec.7-140.Public tree care. 20141009CityCouncilPacket Page 140 of 210 20141002/jrl Sec.7-150.Penalties for unlawful tree removal. Sec.7-160.Appeals of actions. Sec.7-170.Tvbee Island Tree Species Selection List. Sec.7-180.Tvbee Island Invasive and Non-native List. Sec.7-190.Severability Sec.7-010. Findings of fact. (A) Natural vegetative growth and trees add physical, aesthetic, and economic value to the island and should be preserved where possible. (B) Trees help stabilize the soil with their root systems and control soil erosion caused by storm damage as well as moderate surface runoff of rainwater. (C) Trees make life more comfortable on the island by providing shade, cooling both land and air, reducing noise and air pollution, providing scenic amenities, and providing habitat for desirable wildlife. (0) Trees are essential to the present and future health and welfare of residents and visitors to Tybee Island. Sec.7-020. Purpose. The City of Tybee Island holds that trees are an integral part of the community's infrastructure. As such,they are a reflection of the quality of life in the community, contributing to the health, safety, and well-being of its citizens.The purpose of this article is to establish the standards necessary to assure that this purpose will be realized and that the city will continue to enjoy the benefits provided by trees. The various sections of this article are adopted for the following purposes: (A) To help control the effects of accelerated water run-off and soil erosion due to clearing,and assist in dune stabilization and mitigation of storm drainage; (B) To preserve and protect trees for buffers where land use and zoning requirements dictate such buffers; (C)To maximize the positive benefits of sitting buildings and parking on[and in relationship to mature trees; D} To help protect the investments of property owners and buyers,and provide mature native island trees for the enjoyment of future generations; (E) To help protect the health and well-being of Tybee Island residents and guests by providing shade and otherwise moderating potential dangerous summer temperatures; (F) To establish a tree board responsible for promoting trees and tree care throughout the city; (G)To require compensation for the loss of protected trees in all stages of maturity on;and (H) To preserve the community's character and quality of life well into the future. Sec.7-030. Definitions. American National Standards institute(ANSI A300) means the arboricultural specifications and standards of practice that are published by the International Society of Arboriculture and represents the industry consensus standards for tree care, planting, maintenance and removal, which are incorporated in the Arboricultural Specification Manual. 20141009CityCouncilPacket Page 141 of 210 20141002/jrl Applicant means an owner,occupant,or a representative of an owner or occupant of a lot, parcel or tract of land for which an application has been filed for a tree permit. Certified Arborist means a person or firm, who has been trained and licensed in the business of diagnosing, treating, pruning and removing trees, including landscape architects, and persons with a formal knowledge of trees, such as Cooperative Extension Service agents or Georgia Forestry Commission Foresters. Critical Root Zone means the area of soil around and beneath a tree that supports the tree's root system, where any disturbance directly affects the tree's chance of survival.The critical root zone includes all the area within a radius equal to one and one-half feet(1.5')for every one-inch DBH. Development means any planning or construction project involving substantial property improvement and a change of land-use character within the site:the act of using land for building or extractive purposes. Diameter at Breast height(DBH) means the total cross sectional diameter of the trunk or trunks of a tree measured four and one-half feet(4.5')above the natural grade of the ground at the base of a tree. Invasive Species means any non-native or exotic species that tend to grow rapidly and out-compete and displace native species in specific habitats. Large Canopy Tree means a tree that is expected to attain a height of 50 feet or greater at maturity under ideal growing conditions. Medium Canopy Tree means a tree that is expected to attain a height of greater than 25 feet and less than 50 feet at maturity under ideal growing conditions. Minimum Canopy Requirement means the minimum percentage (50%) of tree canopy required to be preserved or planted on any tract of land where the issuance of a land disturbance permit, new construction permit,removal of a tree,or other such activity permit had been granted. Palms Up Fund means an account established to receive funds paid in lieu of required canopy, or for the compensation for damage or removal of city owned trees. Protective Barricade means a physical and visual barrier installed around the critical root zone of a tree to prevent damage to the tree and its root system. At a minimum this would include three to four foot tall orange safety fencing. Significant Tree means any tree determined by the city council, as provided for in this article, to be of notable historic interest,high aesthetic and public value,or of unique character because of species,type, age,or size. Small Canopy Tree means a tree that is expected to attain a height of 25 feet or less at maturity under ideal growing conditions. Tree means any healthy, growing self-supporting woody perennial plant that has a trunk size of two-inch DBH or greater and is of a species which normally attains a height of at least 25 feet at maturity under ideal growing conditions. Tree Removal means any intentional or negligent act which cuts down or otherwise physically destroys a tree or will cause a tree to decline and die,including but not limited to: (a) Causing damage to the root system by application of toxic substances, operation of machinery, change in natural grade by excavation or filling above the root system or around the trunk; (b) Causing damage from injury or fire resulting in pest infestation;or (c) Causing damage from extensive pruning or trimming. Tree Board a legally constituted body of five individuals,appointed by the mayor,and adopted by the city council,whose responsibility is to advise the mayor and city council in tree-related matters. Tree Species Selection List means the recommended species of trees for planting within the city maintained and updated periodically by the tree board. All trees on the tree species selection list are significant trees and will be counted toward the minimum canopy requirement of this article. 20141009CityCouncilPacket Page 142 of 210 20141002/jrl Tree Survey means a survey that shall include a land survey, completed by a registered land surveyor where all trees intended to be preserved to meet the minimum canopy requirements of this article shall be Identified by species and size j ll drawings shall be stamped and sealed. _-- Comment[wsgl]:Surveyors do this all the time. ' Deleted: by a licensed forester,landscape Sec.7-040. Establishment of tree board. architect or certified arborist. (A) Creation. There is hereby created and established a tree board for the City of Tybee Island,Georgia, which shall consist of five members made up of three city officials and two residents of the City of Tybee Island,who shall be appointed by the mayor with the approval of the city council.The public works director shall be a non-voting member of the board,serving in an advisory capacity. (B) Term of office. The term of the five persons to be appointed by the mayor shall be for three years, except that the term of one of the members appointed to the first board shall be for one year,and the term for one member shall be for two years.In the event that a vacancy shall occur during the term of any member,his or her successor shall be appointed for the remaining unexpired portion of the term. (C) Compensation. Members of the tree board shall serve without compensation. The city, upon receipt of appropriate receipts and documentation, shall reimburse reasonable expenses incurred by members and approved by the tree board. (D) Operation. During the first month after being appointed,and at the first meeting of each year,the tree board shall elect a chairman, vice-chairman and secretary-treasurer from among its appointed members and keep minutes of its meetings. (1) The tree board shall meet at least once during each quarter of the year during January,April,July and October. Additional meetings may be held as requested by the chairman. A majority of the members shall be a quorum for the transaction of business. (2) During November of each year, the tree board shall submit a report on its activities during the past year to the city council. The annual report shall include the Palms Up Fund amounts collected,amounts spent,and the type and location of trees planted. (E) Purpose and responsibilities of the tree board. It shall be the responsibility of the tree board, but not limited to,the following: (1) The tree board, when requested by the city council, shall consider, investigate, make findings, report and recommend upon any special matter of question within the scope of its work; (2) Advise the city on all tree related issues; (3) Seek and apply for grant funding from public and private sources for conducting urban forestry projects; (4) Review the most recent Arboricultural Specifications and Standards of Practice of the International Society of Arboriculture as published in the American National Standard for Tree Care Operations (ANSI A300—Part 1) and herein referenced in this article as the Arboricultural Specifications Manual every two years to keep current on industry changes and provide recommendations for changes to the mayor and city council; (5) Review the actual costs for two-inch DBH replacement trees semi-annually.The cost includes the average size and cost of trees and materials plus labor for each replacement tree planted in the City of Tybee Island. Propose to city council updates of the replacement tree value of section 7- 130(B)as needed. (6) Provide tree care educational programs and information on the benefits of trees and best management practices to city staff and citizens. (7) Promote and support the city's efforts to maintain its Tree City USA designated community. (F) Interference with tree board. It shall be unlawful for any person to prevent,delay or interfere with the tree board, or any of its agents, while engaging about the planting, cultivating, mulching, pruning, 20141009CityCouncilPacket Page 143 of 210 20141002/jrl spraying,or removing of any trees on private and public property,as authorized in the City of Tybee Island Tree Ordinance. (G) Review by the city council. The city council shall have the right to review the conduct, acts and decisions of the tree board, Final decision-making and spending authority shall rest with the city council.Any person may appeal any ruling or order of the tree board to the city council,who may hear the matter and make a final decision. Sec.7-050.Administrator. The planning and zoning manager is hereby appointed to administer and implement the provisions of this article. Sec.7-060.Applications and exceptions. The requirements of this article shall apply to all parcels within the city. No trees shall be removed within the City of Tybee Island except in compliance with this article,with the following exceptions: (A) No permit or mitigation shall be required for the trimming or pruning of trees, provided that such maintenance activity shall not be so extensive as to constitute tree removal as defined in section 7-030; (B) The eradication of exotic, non-native, and invasive or otherwise undesirable species listed in section 7-190 that are not located in the marsh buffer established in section 3.090.1 is exempted from section 7-090. Sec.7-070.Tree protection during plat and plan approval. During the subdivision plat approval process and also during the site plan approval process, the existing location of all significant trees shall be considered so as to preserve such trees unless no feasible alternative exists in order to make reasonable,beneficial economic use of the property.To be considered are the locations and the anticipated locations of drainage and utility structures, water and sewer lines, streets, sidewalks, driveways, final site contours, building footprints, and other impacts on existing significant trees. When no feasible alternative exists except to remove existing significant trees, their planned removal shall be noted on the plans, as well as the location,size and types of the trees planned to meet the requirements as outlined in section 7-100. Sec.7-080.Tree permit required. A basic condition of the City of Tybee Tree Ordinance is that all applicable sites achieve or maintain a minimum tree canopy of 50 percent.Applicable to this section are land activities that require the issuance of a land disturbance permit,new construction permit, removal of a tree,and other such activities. Any person engaged in any activity that requires a land disturbing permit, new construction permit, wishes to remove a tree,or other such activity shall apply for a tree permit from the city.A tree survey and tree management plan must be submitted before a tree permit can be issued.The tree survey shall have been completed no more than one year prior to the date of submission.The tree management plan,after approval, shall be included with the other construction drawings submitted for the Building Permit. The tree management plan shall include a site plan of the intended development and the following information: (A) The location,OBH,and species of existing trees on the site; (B) The location and an itemized list of trees per size and species to be preserved or replanted indicating the total aggregate value in canopy square footage; 20141009CityCouncilPacket Page 144 of 210 20141002/jrl (C) A mitigation plan that shows the proposed location, size, and species of required replacement trees; (0) Phantom lines that depict streets, rights-of-way, easements, overhead lines, fences, and other improvements in order to clearly indicate how the proposed development relates to the existing trees;and (E) A detailed plan showing the measures that will be taken to protect and preserve trees before, during and for a period of two years after construction. Sec.7-090.Tree removal requirements. (A) Under the limits and conditions set forth below,trees may be removed from a lot or parcel provided that a minimum tree canopy of 50 percent is achieved or maintained. The minimum tree canopy is determined by dividing the parcel's square footage found on the land survey by two. (B) The canopy requirement must be met whether or not a site had trees prior to development or disturbance. The canopy may be achieved by preserving existing trees, by planting new trees according to the minimum standards in this article or by a combination of the two. (C) Any existing tree of not less than two-inches DBH left in good growing condition on the property is eligible to be counted toward the required minimum tree canopy and shall be protected. All large canopy trees listed in Table No. 2 of section 7-170 preserved on the property shall equal 1,200 square feet toward the minimum tree canopy requirement. All medium canopy trees listed in Table No. 3 of section 7-170 preserved on the property shall equal 550 square feet toward the minimum tree canopy requirement. All small canopy trees listed in Table No. 4 of section 7-170 preserved on the property shall equal 250 square feet toward the minimum tree canopy requirement. (D) Except as provided in section 7-100 no significant tree shall be removed from any lot/parcel,or public right-of-way within the city. (E) If the siting of a building footprint,the associated driveway,and parking areas require the removal of trees to a tree canopy less than the stated requirement in subsection 7-090(A), the planning and zoning manager or designated city representative may issue a permit to remove trees to a tree canopy below this standard under the following conditions: (1) The applicant must show that, within the available planting areas, no locations for building footprints and driveway/parking exist that comply with the minimum tree canopy requirement above; (2) Removal of trees shall be limited to either the fewest number or the least total DBH necessary for siting of the building and the least destructive configuration of driveway/parking; (3) Following construction, trees shall be planted on the lot/parcel to establish the minimum tree canopy requirement as stated in subsection 7-090(A). Such planting shall be in accordance with the standards set forth in sections 7-110 and 7-120. Only trees listed in section 7-170 shall count towards meeting the minimum tree canopy requirement in this article;and (4) The stumps of all removed trees shall be ground to a depth of at least eight-inches below the ground level so that the top of the stump shall not project above the surface of the ground. The soil cavity shall be filled with clean topsoil,and the area leveled and seeded. If the area where the tree is removed is to be paved,the stump shall be removed to a suitable depth to allow adequate paving.No tree shall be planted in the location of a tree stump unless no other space is available. (F) No trees shall be removed from the marsh buffer established in section 3.090.1. Sec.7-100. Removal of significant trees. (A) Significant trees, listed in section 7-170, may be removed only under the following situations or conditions: 20141009CityCouncilPacket Page 145 of 210 20141002/jrl (1) Upon showing by the applicant that removal of a significant tree is necessary to make reasonable beneficial,economic use of the property;such showing must demonstrate that there is no feasible alternative that would preserve the tree,and must be made for each significant tree the applicant proposes to remove; (2) For improvements, expansion and/or new construction of infrastructure services, including water/sewer systems and streets,but only if no alternatives are available;and (3) Prior to the issuance of a permit allowing the removal of a significant tree, the planning and zoning manager or designated city representative shall confirm in writing that each removed significant tree shall be replaced with one or more trees so that the tree canopy meets the stated requirements in section 7-090 and shall follow the requirements of sections 7-080 and 7-120. Sec.7-110.Tree protection. (A) On each lot or tract where construction is ongoing pursuant to a validly issued permit, protective barricades shall be placed around all existing trees' critical root zone to be preserved to meet standards set by the International Society of Arboriculture, Georgia Forestry Commission, and the city's requirements for protection of city owned trees or other trees required by this article.The areas within the protective barricades shall remain free of all building materials, construction debris, vehicles,and development activities.Any trees designated for retention on the tree management plan that dies or are severely damaged within the first two years after construction shall be replaced in accordance with this article. Penalties for violation of this section shall be the same as found in section 7-150. (B) All pruning shall be conducted in accordance with the Arboricultural Specifications Manual. The removal of large branches to a stub, or smaller leaders not large enough to assume a terminal role shall be considered tree removal under this article. A tree severely damaged by storms or other causes or trees under utility wires where other pruning practices are impractical shall be exempt from this section. (C) When pruning is required to maintain the necessary clearance between any existing tree and an electric power line, pruning shall be conducted in accordance with the Arboricultural Specifications Manual. Branches or leaders required to be cut back shall either be pruned to the next lateral having a diameter at least 1/3 of that being cut,or else be pruned just outside the branch-collar at the base of the branch. Sec.7-120.Standards for tree planting and replacement. (A) Pursuant to building permit. Trees planted or replaced, or left remaining on the site pursuant to a validly issued building permit in accordance with this article shall meet the following conditions: (1) All tree plantings shall be conducted in accordance with the Arboricultural Specifications Manual; (2) All planted trees shall have a minimum tree establishment zone based upon its mature size. Trees replanted to achieve canopy requirements are to be selected species from the Tybee Island Tree Species Selection List listed in section 7-170; (3) All replacement trees will be maintained properly to ensure their sur✓ivability; _ - Deleted:No more than 40 percent of any one genus and 15 percent of any one spades (4) The minimum DBH for planted trees is two inches. Multi-stemmed trees must have three to five may be included in any replanting plan of four stems and be six to eight feet tall,The DBH for multi-stemmed trees will be the cumulative DBH or more trees. for all stems. (5) Invasive and non-native trees listed in section 7-180 are prohibited from being planted within the city limits. (6) To minimize traffic hazards at street intersections and avoid conflicts with city infrastructure all tree plantings shall follow listed guidelines in Table No. 1. 20141009CityCouncilPacket Page 146 of 210 20141002/jrl Table No.1: Large Canopy Medium Canopy Small Canopy Mature Size Tree Tree Tree Evergreen Minimum width between planted 8' 6' 4' 8' trees Under overhead DO NOT PLANT DO NOT PLANT Allowed DO NOT PLANT utilities Distance from See sec.3-050 See sec.3-050 See sec.3-050 See sec.3-050 intersections Distance from traffic signs& 30' 30' 30' 30' signals&street lights _ Distance from hydrants&water 10' 10' 10' 10' valves Distance from 4'(within property 4'(within property 4'(within property 4'(within property curbs or curb lines line) line) line) line) &sidewalks (B) Pursuant to citation of violation. Replacement trees planted pursuant to a citation of violation shall be of the same tree species as the tree being removed unless a change in species is approved by the planning and zoning manager and shall be the maximum DBH that is commercially available. The aggregate DBH of trees planted as replacement shall equal the DBH of the tree that was removed in violation of this article. (C) Survival of replacement trees. All replacement trees must survive at least two full calendar years for the applicant to be considered to be in full compliance with this article. If the replacement tree becomes unhealthy or dies, it must be removed from the site and replaced as soon as conditions permit. This duration is not to exceed 6 months. The replacement tree shall be maintained for a minimum of two consecutive years after planting. Penalties for violation of this section shall be the same as found in section 7-150. Sec.7-130.Alternative compliance/Palms Up Fund. If it is not possible to plant trees to the specifications required in this article, as determined by the zoning and planning manager or designated city representative, a fee shall be paid to the Palms Up Fund. (A) The zoning and planning manager or designated city representative must review and approve all requests for alternative compliance.,The applicant must plant as many trees that can reasonably be _ -- Deleted:in no instance shall more than 50% expected to survive on the site in question. of the required site canopy be met through alternative compliance. (B) The fee for each replacement tree is $500 as determined by section 7-040(E)(6). No development approval, land disturbance permit, or building permit shall be issued until the zoning and planning manager or designated city representative has approved the request and received the necessary documentation and/or funds for the compliance method. (C) The Palms Up Fund will be administered by a designated city representative.The Palms Up Fund will be used only for the purposes of planting and maintaining trees on public property within the city limits of Tybee Island and to provide tree care educational programs and information on the benefits of trees. (D) To determine the appropriate contribution to the Palms Up Fund: 20141009CityCouncilPacket Page 147 of 210 20141002/jrl (1) First,determine the parcel's Implantable Square Footage(ISF)by subtracting the parcel's square footage of available tree canopy from the parcel's required tree canopy; (2) Second, determine the required number of two-inch DBH replacement trees by dividing the ISF by 1,200 square feet and rounding up to the nearest whole number. (3) Third, determine the required contribution to the Palms Up Fund by multiplying the required number of two-inch DBH replacement trees by$500. Sec.7-140.Public tree care. (A) The city shall have the right to plant, prune, maintain and remove trees, plants, shrubs and vines within the streets, alleys, avenues, lanes, squares and public grounds, as may be necessary, to ensure public safety and preserve or enhance the symmetry and beauty of such public grounds. (B) The city shall have the right to cause or order to be removed,any tree,or part thereof,which is in an unsafe condition,or which,by reason of its nature,is injurious to sewers,electrical power lines,water lines or other public improvements or is affected with any injurious fungus, insect or other pest, whether on public or private property. (C) No person shall plant,spray,fertilize,prune,remove,cut above or below ground,or otherwise disturb any tree on municipal property without first filing an application and procuring a permit from the city designee. Sec.7-150. Penalties for unlawful tree removal. Violation of this article shall be subject to the following fines and restrictions: (A) Any person who violates any provision of this article or fails to comply with any notice issued pursuant to the provisions of this article shall be subject to a $1,000 fine for each unlawfully removed tree. (B) In addition to the penalties imposed in subsection (A) herein above,the party or parties found to be in violation of this article shall be required to plant trees, pursuant to the requirements of sections 7-090 and 7-120. The requirements of this subsection are mandatory, and shall apply regardless of any other penalties imposed for violations of this article. (C) Where violation of this article is associated with construction, pursuant to a city permit, a stop work order may be issued and a certificate of occupancy may not be issued until such violation has been remedied and trees are planted or replaced, pursuant to the requirements of section 7- 120, as necessary to meet the requirements of this article. The requirements of this subsection are mandatory, and shall apply regardless of any other penalties imposed for violation of this article. Sec.7-160.Appeals of actions. Appeals of decisions of the city manager, planning and zoning manager, city marshal, or designated city representative,pursuant to this article shall be made to the mayor and council pursuant to city council meeting procedures. Sec.7-170.Tybee Island Tree Species Selection List. The following trees listed in Table No.2 are large canopy trees and are significant. Each planted tree in Table No. 2 shall count for 1,200 square feet of area for purposes of meeting the required minimum tree canopy required in section 7-090. Each planted tree shall be no less than two-inches DBH at planting.Any removal of the following trees must be in accordance to section 7-100. 20141009CityCouncilPacket Page 148 of 210 20141002/jrl Table No.2—Large Canopy Trees: Common Name Scientific Name Blackgum Nyssa§ylvatice __- Deleted:S Bald Cypress Taxodium distichum Pond Cypress Taxodium ascendens Pignut Hickory Carya glabra Southern Magnolia Magnolia grandiflora Red Maple Acer rubrum Laurel Oak Quercus fiemisphaerica _--(Deleted:Fagaceae 3 Live Oak Quercus virginiana Nuttall Oak Quercus nuttallii Shumard Oak Quercus shumardii Southern Red Oak Quercus falcate Scarlet Oak Quercus coccinea - Swamp Chestnut Oak Quercus michauxil White Oak Quercuszlba __--{Deleted:A Willow Oak Quercus phellos Loblolly Pine Pinus jaeda _--(Deleted:T Longleaf Pine Pinus palustris _-_{Meted:p 3 Slash Pine Pinus elliotii Eastern Redcedar Juniperus virginiana Sweetgum Liquidambar styraciflue Sycamore Platanus occidentalis Water Oak Quercus nigra Carolina Willow Salix caroliniana The following trees listed in Table No. 3 are medium canopy trees and are significant. Each planted tree in Table No.3 shall count for 550 square feet of area for purposes of meeting the required minimum tree canopy required in section 7-090. Each planted tree shall be no less than two-inches DBH at planting.Any removal of the following trees must be in accordance to section 7-100. Table No.3—Medium Canopy Trees: Common Name Scientific Name River Birch Betula nigra Lacebark Elm (Amus parvifolia Golden Raintree Koelreuteria paniculata East Palatka Holly j/ex x attenuate _ _ Deleted:t American Holly ilex opaca _-_ Deleted:t Nellie R.Stevens Holly Ilex x'Nelie R.Stevens' Savannah Holly llex x attenuate`Savannah' Deleted:t Sweetbay Magnolia Magnolia virginiana Deleted:L Trident Maple Acer buergerianum Overcup Oak Quercus lyrata Chinese Pistache Pistacia chinensis Eastern Redbud Cercis canadensis Carolina Silverbell Halesia carolina Yellowwood Cladrastis kentukea Windmill Palm Trachycarpus fortune) Cabbage Palmetto Sabel palmetto Sugarberry Celtis laevigata Red Bay Persea borbonia Toothache Tree Zanthoxylum clava 1)erculis __--[Deleted:hercures Devilwood Osmanthus americanus 20141009CityCouncilPacket Page 149 of 210 20141002/jrl Carolina Laurel Cherry Prunus caroliniana Tough Bumelia(buckthorn) Bumelia tenex Sparkleberry Vaccinium arboreum -- — The following trees listed in Table No.4 are small canopy trees and are significant. Each planted tree in Table No.4 shall count for 250 square feet of area for purposes of meeting the required minimum tree canopy required in section 7-090. Each planted tree shall be no less than two-inches DBH at planting. Any removal of the following trees must be in accordance to section 7-100. Table No.4—Small Canopy Trees: Common Name Scientific Name Chastetree Vitex agnus-castus Crape Myrtle Lagerstroemia indica Flowering Dogwood Corpus florida Kousa Dogwood Comus kousa Fringetree Chionanthus virginicus Yaupon Holly ilex vomitoria --I Deleted:L `Little Gem'Magnolia Magnolia grandiflora 'Little Gem' Chinese Redbud Cords chinensis `Oklahoma'Redbud Cords reniformis Snowbell Styrax americanus Waxmyrtle Myrica cerifera Sec.7-180.Tybee Island Invasive and Non-native List. The following trees are prohibited from being planted within the city limits.The City of Tybee may add trees to the following list as necessary. Table No.5—Invasive and Non-native Trees: Common Name Scientific Name Box Elder Acer negundo Bradford Pear Pyrus calleryana'Bradford' Camphor _ Cinnamomum camphora Catalpa Catalpa bignonoides Chinaberry Melia azadarach Chinese Tallowtree Sapiun sebiferum Female Ginkgo Ginkgo biloba Green Ash Fraxinus pennsylvanica Hackberry Celtis occidentalis -{Deleted:Corcis app. Mimosa Albizia Julibrissin Mulberry Morus species Princess Tree Paulowina tomentosa Russian Olive Elaegnus angustifolia Silver Maple Acer saccharinum Tree-of-heaven Ailanthus altissima -{Deleted:Sweetgum [...[11 j Sec. 7-190. Severability. If the provisions of any section, subsection, paragraph, subdivision, or clause of this article shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section,subsection,paragraph,subdivision,or clause of this d 20141009CityCouncilPacket Page 150 of 210 20141002/jrl 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 ,2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: 20141009CityCouncilPacket Page 151 of 210 20141002/jr1 SECOND READING: ENACTED: Tybee/Ordinances/2014/52-2013—Art 7 Trees 09.02.14 20141009CityCouncilPacket Page 152 of 210 20141002/jrl Page 11:[1] Deleted Bill Garbett 09/30/2014 11:37:00 AM I Sweetgum Liquidambar styraciflua 20141009CityCouncilPacket Page 153 of 210 20141002/jrl ORDINANCE NO. 52-A-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA RELATING TO ARTICLE 7 OF THE LAND DEVELOPMENT CODE 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 delete the current Article 7 of the Land Development Code so as to clarify same; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that the current Article 7 is hereby deleted and Article 7 shall be replaced in its entirety with the following: ARTICLE 7. TREE ORDINANCE Sec. 7-010. Findings of fact. Sec. 7-020. Purpose. Sec. 7-030. Definitions. Sec. 7-040. Establishment of Tree Board. Sec. 7-050. Administrator. Sec. 7-060. Applications and exceptions. Sec. 7-070. Tree protection during plat and plan approval. Sec. 7-080. Tree permit required. Sec. 7-090. Tree removal requirements. Sec. 7-100. Removal of significant trees. Sec. 7-110. Tree protection. Sec. 7-120. Standards for tree planting and replacement. Sec. 7-130. Alternative compliance/ Palms Up Fund. Sec. 7-140. Public tree care. 20141009CityCouncilPacket Page 154 of 210 20141002/jrl Sec. 7-150. Penalties for unlawful tree removal. Sec. 7-160. Appeals of actions. Sec. 7-170. Tybee Island Tree Species Selection List. Sec. 7-180. Tybee Island Invasive and Non-native List. Sec. 7-190. Severability Sec. 7-010. Findings of fact. (A) Natural vegetative growth and trees add physical, aesthetic, and economic value to the island and should be preserved where possible. (B) Trees help stabilize the soil with their root systems and control soil erosion caused by storm damage as well as moderate surface runoff of rainwater. (C) Trees make life more comfortable on the island by providing shade, cooling both land and air, reducing noise and air pollution, providing scenic amenities, and providing habitat for desirable wildlife. (D) Trees are essential to the present and future health and welfare of residents and visitors to Tybee Island. Sec. 7-020. Purpose. The City of Tybee Island holds that trees are an integral part of the community's infrastructure. As such, they are a reflection of the quality of life in the community, contributing to the health, safety, and well-being of its citizens. The purpose of this article is to establish the standards necessary to assure that this purpose will be realized and that the city will continue to enjoy the benefits provided by trees. The various sections of this article are adopted for the following purposes: (A) To help control the effects of accelerated water run-off and soil erosion due to clearing, and assist in dune stabilization and mitigation of storm drainage; (B) To preserve and protect trees for buffers where land use and zoning requirements dictate such buffers; (C) To maximize the positive benefits of sitting buildings and parking on land in relationship to mature trees; D) To help protect the investments of property owners and buyers, and provide mature native island trees for the enjoyment of future generations; (E) To help protect the health and well-being of Tybee Island residents and guests by providing shade and otherwise moderating potential dangerous summer temperatures; (F) To establish a tree board responsible for promoting trees and tree care throughout the city; (G)To require compensation for the loss of protected trees in all stages of maturity on; and (H) To preserve the community's character and quality of life well into the future. Sec. 7-030. Definitions. American National Standards Institute (ANSI A300) means the arboricultural specifications and standards of practice that are published by the International Society of Arboriculture and represents the industry consensus standards for tree care, planting, maintenance and removal, which are incorporated in the Arboricultural Specification Manual. 20141009CityCouncilPacket Page 155 of 210 20141002/jrl Applicant means an owner, occupant, or a representative of an owner or occupant of a lot, parcel or tract of land for which an application has been filed for a tree permit. Certified Arborist means a person or firm, who has been trained and licensed in the business of diagnosing, treating, pruning and removing trees, including landscape architects, and persons with a formal knowledge of trees, such as Cooperative Extension Service agents or Georgia Forestry Commission Foresters. Critical Root Zone means the area of soil around and beneath a tree that supports the tree's root system, where any disturbance directly affects the tree's chance of survival. The critical root zone includes all the area within a radius equal to one and one-half feet(1.5')for every one-inch DBH. Development means any planning or construction project involving substantial property improvement and a change of land-use character within the site; the act of using land for building or extractive purposes. Diameter at Breast height (DBH) means the total cross sectional diameter of the trunk or trunks of a tree measured four and one-half feet(4.5') above the natural grade of the ground at the base of a tree. Invasive Species means any non-native or exotic species that tend to grow rapidly and out-compete and displace native species in specific habitats. Large Canopy Tree means a tree that is expected to attain a height of 50 feet or greater at maturity under ideal growing conditions. Medium Canopy Tree means a tree that is expected to attain a height of greater than 25 feet and less than 50 feet at maturity under ideal growing conditions. Minimum Canopy Requirement means the minimum percentage (50%) of tree canopy required to be preserved or planted on any tract of land where the issuance of a land disturbance permit, new construction permit, removal of a tree, or other such activity permit had been granted. Palms Up Fund means an account established to receive funds paid in lieu of required canopy, or for the compensation for damage or removal of city owned trees. Protective Barricade means a physical and visual barrier installed around the critical root zone of a tree to prevent damage to the tree and its root system. At a minimum this would include three to four foot tall orange safety fencing. Significant Tree means any tree determined by the city council, as provided for in this article, to be of notable historic interest, high aesthetic and public value, or of unique character because of species, type, age, or size. Small Canopy Tree means a tree that is expected to attain a height of 25 feet or less at maturity under ideal growing conditions. Tree means any healthy, growing self-supporting woody perennial plant that has a trunk size of two-inch DBH or greater and is of a species which normally attains a height of at least 25 feet at maturity under ideal growing conditions. Tree Removal means any intentional or negligent act which cuts down or otherwise physically destroys a tree or will cause a tree to decline and die, including but not limited to: (a) Causing damage to the root system by application of toxic substances, operation of machinery, change in natural grade by excavation or filling above the root system or around the trunk; (b) Causing damage from injury or fire resulting in pest infestation; or (c) Causing damage from extensive pruning or trimming. Tree Board a legally constituted body of five individuals, appointed by the mayor, and adopted by the city council, whose responsibility is to advise the mayor and city council in tree-related matters. Tree Species Selection List means the recommended species of trees for planting within the city maintained and updated periodically by the tree board. All trees on the tree species selection list are significant trees and will be counted toward the minimum canopy requirement of this article. 20141009CityCouncilPacket Page 156 of 210 20141002/jrl Tree Survey means a survey that shall include a land survey, completed by a registered land surveyor where all trees intended to be preserved to meet the minimum canopy requirements of this article shall be identified by species and size. All drawings shall be stamped and sealed. Sec. 7-040. Establishment of tree board. (A) Creation. There is hereby created and established a tree board for the City of Tybee Island, Georgia, which shall consist of five members made up of three city officials and two residents of the City of Tybee Island, who shall be appointed by the mayor with the approval of the city council. The public works director shall be a non-voting member of the board, serving in an advisory capacity. (B) Term of office. The term of the five persons to be appointed by the mayor shall be for three years, except that the term of one of the members appointed to the first board shall be for one year, and the term for one member shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the remaining unexpired portion of the term. (C) Compensation. Members of the tree board shall serve without compensation. The city, upon receipt of appropriate receipts and documentation, shall reimburse reasonable expenses incurred by members and approved by the tree board. (D) Operation. During the first month after being appointed, and at the first meeting of each year, the tree board shall elect a chairman, vice-chairman and secretary-treasurer from among its appointed members and keep minutes of its meetings. (1) The tree board shall meet at least once during each quarter of the year during January, April, July and October. Additional meetings may be held as requested by the chairman. A majority of the members shall be a quorum for the transaction of business. (2) During November of each year, the tree board shall submit a report on its activities during the past year to the city council. The annual report shall include the Palms Up Fund amounts collected, amounts spent, and the type and location of trees planted. (E) Purpose and responsibilities of the tree board. It shall be the responsibility of the tree board, but not limited to, the following: (1) The tree board, when requested by the city council, shall consider, investigate, make findings, report and recommend upon any special matter of question within the scope of its work; (2) Advise the city on all tree related issues; (3) Seek and apply for grant funding from public and private sources for conducting urban forestry projects; (4) Review the most recent Arboricultural Specifications and Standards of Practice of the International Society of Arboriculture as published in the American National Standard for Tree Care Operations (ANSI A300 — Part 1) and herein referenced in this article as the Arboricultural Specifications Manual every two years to keep current on industry changes and provide recommendations for changes to the mayor and city council; (5) Review the actual costs for two-inch DBH replacement trees semi-annually. The cost includes the average size and cost of trees and materials plus labor for each replacement tree planted in the City of Tybee Island. Propose to city council updates of the replacement tree value of section 7- 130(B) as needed. (6) Provide tree care educational programs and information on the benefits of trees and best management practices to city staff and citizens. (7) Promote and support the city's efforts to maintain its Tree City USA designated community. (F) Interference with tree board. It shall be unlawful for any person to prevent, delay or interfere with the tree board, or any of its agents, while engaging about the planting, cultivating, mulching, pruning, 20141009CityCouncilPacket Page 157 of 210 20141002/jrl spraying, or removing of any trees on private and public property, as authorized in the City of Tybee Island Tree Ordinance. (G) Review by the city council. The city council shall have the right to review the conduct, acts and decisions of the tree board, Final decision-making and spending authority shall rest with the city council. Any person may appeal any ruling or order of the tree board to the city council, who may hear the matter and make a final decision. Sec. 7-050. Administrator. The planning and zoning manager is hereby appointed to administer and implement the provisions of this article. Sec. 7-060. Applications and exceptions. The requirements of this article shall apply to all parcels within the city. No trees shall be removed within the City of Tybee Island except in compliance with this article, with the following exceptions: (A) No permit or mitigation shall be required for the trimming or pruning of trees, provided that such maintenance activity shall not be so extensive as to constitute tree removal as defined in section 7-030; (B) The eradication of exotic, non-native, and invasive or otherwise undesirable species listed in section 7-180 that are not located in the marsh buffer established in section 3.090.1 is exempted from section 7-090. Sec. 7-070. Tree protection during plat and plan approval. During the subdivision plat approval process and also during the site plan approval process, the existing location of all significant trees shall be considered so as to preserve such trees unless no feasible alternative exists in order to make reasonable, beneficial economic use of the property. To be considered are the locations and the anticipated locations of drainage and utility structures, water and sewer lines, streets, sidewalks, driveways, final site contours, building footprints, and other impacts on existing significant trees. When no feasible alternative exists except to remove existing significant trees, their planned removal shall be noted on the plans, as well as the location, size and types of the trees planned to meet the requirements as outlined in section 7-100. Sec. 7-080. Tree permit required. A basic condition of the City of Tybee Tree Ordinance is that all applicable sites achieve or maintain a minimum tree canopy of 50 percent. Applicable to this section are land activities that require the issuance of a land disturbance permit, new construction permit, removal of a tree, and other such activities. Any person engaged in any activity that requires a land disturbing permit, new construction permit, wishes to remove a tree, or other such activity shall apply for a tree permit from the city. A tree survey and tree management plan must be submitted before a tree permit can be issued. The tree survey shall have been completed no more than one year prior to the date of submission. The tree management plan, after approval, shall be included with the other construction drawings submitted for the Building Permit. The tree management plan shall include a site plan of the intended development and the following information: (A) The location, DBH, and species of existing trees on the site; (B) The location and an itemized list of trees per size and species to be preserved or replanted indicating the total aggregate value in canopy square footage; 20141009CityCouncilPacket Page 158 of 210 20141002/jrl (C) A mitigation plan that shows the proposed location, size, and species of required replacement trees; (D) Phantom lines that depict streets, rights-of-way, easements, overhead lines, fences, and other improvements in order to clearly indicate how the proposed development relates to the existing trees; and (E) A detailed plan showing the measures that will be taken to protect and preserve trees before, during and for a period of two years after construction. Sec. 7-090. Tree removal requirements. (A) Under the limits and conditions set forth below, trees may be removed from a lot or parcel provided that a minimum tree canopy of 50 percent is achieved or maintained. The minimum tree canopy is determined by dividing the parcel's square footage found on the land survey by two. (B) The canopy requirement must be met whether or not a site had trees prior to development or disturbance. The canopy may be achieved by preserving existing trees, by planting new trees according to the minimum standards in this article or by a combination of the two. (C) Any existing tree of not less than two-inches DBH left in good growing condition on the property is eligible to be counted toward the required minimum tree canopy and shall be protected. All large canopy trees listed in Table No. 2 of section 7-170 preserved on the property shall equal 1,200 square feet toward the minimum tree canopy requirement. All medium canopy trees listed in Table No. 3 of section 7-170 preserved on the property shall equal 550 square feet toward the minimum tree canopy requirement. All small canopy trees listed in Table No. 4 of section 7-170 preserved on the property shall equal 250 square feet toward the minimum tree canopy requirement. (D) Except as provided in section 7-100 no significant tree shall be removed from any lot/parcel, or public right-of-way within the city. (E) If the siting of a building footprint, the associated driveway, and parking areas require the removal of trees to a tree canopy less than the stated requirement in subsection 7-090(A), the planning and zoning manager or designated city representative may issue a permit to remove trees to a tree canopy below this standard under the following conditions: (1) The applicant must show that, within the available planting areas, no locations for building footprints and driveway/parking exist that comply with the minimum tree canopy requirement above; (2) Removal of trees shall be limited to either the fewest number or the least total DBH necessary for siting of the building and the least destructive configuration of driveway/parking; (3) Following construction, trees shall be planted on the lot/parcel to establish the minimum tree canopy requirement as stated in subsection 7-090(A). Such planting shall be in accordance with the standards set forth in sections 7-110 and 7-120. Only trees listed in section 7-170 shall count towards meeting the minimum tree canopy requirement in this article; and (4) The stumps of all removed trees shall be ground to a depth of at least eight-inches below the ground level so that the top of the stump shall not project above the surface of the ground. The soil cavity shall be filled with clean topsoil, and the area leveled and seeded. If the area where the tree is removed is to be paved, the stump shall be removed to a suitable depth to allow adequate paving. No tree shall be planted in the location of a tree stump unless no other space is available. (F) No trees shall be removed from the marsh buffer established in section 3.090.1. Sec. 7-100. Removal of significant trees. (A) Significant trees, listed in section 7-170, may be removed only under the following situations or conditions: 20141009CityCouncilPacket Page 159 of 210 20141002/jrl (1) Upon showing by the applicant that removal of a significant tree is necessary to make reasonable beneficial, economic use of the property; such showing must demonstrate that there is no feasible alternative that would preserve the tree, and must be made for each significant tree the applicant proposes to remove; (2) For improvements, expansion and/or new construction of infrastructure services, including water/sewer systems and streets, but only if no alternatives are available; and (3) Prior to the issuance of a permit allowing the removal of a significant tree, the planning and zoning manager or designated city representative shall confirm in writing that each removed significant tree shall be replaced with one or more trees so that the tree canopy meets the stated requirements in section 7-090 and shall follow the requirements of sections 7-080 and 7-120. Sec. 7-110. Tree protection. (A) On each lot or tract where construction is ongoing pursuant to a validly issued permit, protective barricades shall be placed around all existing trees' critical root zone to be preserved to meet standards set by the International Society of Arboriculture, Georgia Forestry Commission, and the city's requirements for protection of city owned trees or other trees required by this article. The areas within the protective barricades shall remain free of all building materials, construction debris, vehicles, and development activities. Any trees designated for retention on the tree management plan that dies or are severely damaged within the first two years after construction shall be replaced in accordance with this article. Penalties for violation of this section shall be the same as found in section 7-150. (B) All pruning shall be conducted in accordance with the Arboricultural Specifications Manual. The removal of large branches to a stub, or smaller leaders not large enough to assume a terminal role shall be considered tree removal under this article. A tree severely damaged by storms or other causes or trees under utility wires where other pruning practices are impractical shall be exempt from this section. (C) When pruning is required to maintain the necessary clearance between any existing tree and an electric power line, pruning shall be conducted in accordance with the Arboricultural Specifications Manual. Branches or leaders required to be cut back shall either be pruned to the next lateral having a diameter at least 1/3 of that being cut, or else be pruned just outside the branch-collar at the base of the branch. Sec. 7-120. Standards for tree planting and replacement. (A) Pursuant to building permit. Trees planted or replaced, or left remaining on the site pursuant to a validly issued building permit in accordance with this article shall meet the following conditions: (1) All tree plantings shall be conducted in accordance with the Arboricultural Specifications Manual; (2) All planted trees shall have a minimum tree establishment zone based upon its mature size. Trees replanted to achieve canopy requirements are to be selected species from the Tybee Island Tree Species Selection List listed in section 7-170; (3) All replacement trees will be maintained properly to ensure their survivability; (4) The minimum DBH for planted trees is two inches. Multi-stemmed trees must have three to five stems and be six to eight feet tall. The DBH for multi-stemmed trees will be the cumulative DBH for all stems. (5) Invasive and non-native trees listed in section 7-180 are prohibited from being planted within the city limits. (6) To minimize traffic hazards at street intersections and avoid conflicts with city infrastructure all tree plantings shall follow listed guidelines in Table No. 1. 20141009CityCouncilPacket Page 160 of 210 20141002/jrl Table No. 1: Large Canopy Medium Canopy Small Canopy Mature Size Tree Tree Tree Evergreen Minimum width between planted 8' 6' 4' 8' trees Under overhead DO NOT PLANT DO NOT PLANT Allowed DO NOT PLANT utilities Distance from See sec. 3-050 See sec. 3-050 See sec. 3-050 See sec. 3-050 intersections Distance from traffic signs & 30' 30' 30' 30' signals &street lights Distance from hydrants &water 10' 10' 10' 10' valves Distance from 4' (within property 4' (within property 4' (within property 4' (within property curbs or curb lines line) line) line) line) &sidewalks (B) Pursuant to citation of violation. Replacement trees planted pursuant to a citation of violation shall be of the same tree species as the tree being removed unless a change in species is approved by the planning and zoning manager and shall be the maximum DBH that is commercially available. The aggregate DBH of trees planted as replacement shall equal the DBH of the tree that was removed in violation of this article. (C) Survival of replacement trees. All replacement trees must survive at least two full calendar years for the applicant to be considered to be in full compliance with this article. If the replacement tree becomes unhealthy or dies, it must be removed from the site and replaced as soon as conditions permit. This duration is not to exceed 6 months. The replacement tree shall be maintained for a minimum of two consecutive years after planting. Penalties for violation of this section shall be the same as found in section 7-150. Sec. 7-130. Alternative compliance/ Palms Up Fund. If it is not possible to plant trees to the specifications required in this article, as determined by the zoning and planning manager or designated city representative, a fee shall be paid to the Palms Up Fund. (A) The zoning and planning manager or designated city representative must review and approve all requests for alternative compliance. The applicant must plant as many trees that can reasonably be expected to survive on the site in question. (B) The fee for each replacement tree is $500 as determined by section 7-040(E)(6). No development approval, land disturbance permit, or building permit shall be issued until the zoning and planning manager or designated city representative has approved the request and received the necessary documentation and/or funds for the compliance method. (C) The Palms Up Fund will be administered by a designated city representative. The Palms Up Fund will be used only for the purposes of planting and maintaining trees on public property within the city limits of Tybee Island and to provide tree care educational programs and information on the benefits of trees. (D) To determine the appropriate contribution to the Palms Up Fund: 20141009CityCouncilPacket Page 161 of 210 20141002/jrl (1) First, determine the parcel's Implantable Square Footage (ISF) by subtracting the parcel's square footage of available tree canopy from the parcel's required tree canopy; (2) Second, determine the required number of two-inch DBH replacement trees by dividing the ISF by 1,200 square feet and rounding up to the nearest whole number. (3) Third, determine the required contribution to the Palms Up Fund by multiplying the required number of two-inch DBH replacement trees by$500. Sec. 7-140. Public tree care. (A) The city shall have the right to plant, prune, maintain and remove trees, plants, shrubs and vines within the streets, alleys, avenues, lanes, squares and public grounds, as may be necessary, to ensure public safety and preserve or enhance the symmetry and beauty of such public grounds. (B) The city shall have the right to cause or order to be removed, any tree, or part thereof, which is in an unsafe condition, or which, by reason of its nature, is injurious to sewers, electrical power lines, water lines or other public improvements or is affected with any injurious fungus, insect or other pest, whether on public or private property. (C) No person shall plant, spray, fertilize, prune, remove, cut above or below ground, or otherwise disturb any tree on municipal property without first filing an application and procuring a permit from the city designee. Sec. 7-150. Penalties for unlawful tree removal. Violation of this article shall be subject to the following fines and restrictions: (A) Any person who violates any provision of this article or fails to comply with any notice issued pursuant to the provisions of this article shall be subject to a $1,000 fine for each unlawfully removed tree. (B) In addition to the penalties imposed in subsection (A) herein above, the party or parties found to be in violation of this article shall be required to plant trees, pursuant to the requirements of sections 7-090 and 7-120. The requirements of this subsection are mandatory, and shall apply regardless of any other penalties imposed for violations of this article. (C) Where violation of this article is associated with construction, pursuant to a city permit, a stop work order may be issued and a certificate of occupancy may not be issued until such violation has been remedied and trees are planted or replaced, pursuant to the requirements of section 7- 120, as necessary to meet the requirements of this article. The requirements of this subsection are mandatory, and shall apply regardless of any other penalties imposed for violation of this article. Sec. 7-160. Appeals of actions. Appeals of decisions of the city manager, planning and zoning manager, city marshal, or designated city representative, pursuant to this article shall be made to the mayor and council pursuant to city council meeting procedures. Sec. 7-170. Tybee Island Tree Species Selection List. The following trees listed in Table No. 2 are large canopy trees and are significant. Each planted tree in Table No. 2 shall count for 1,200 square feet of area for purposes of meeting the required minimum tree canopy required in section 7-090. Each planted tree shall be no less than two-inches DBH at planting. Any removal of the following trees must be in accordance to section 7-100. 20141009CityCouncilPacket Page 162 of 210 20141002/jrl Table No. 2— Large Canopy Trees: Common Name Scientific Name Blackgum Nyssa sylvatica Bald Cypress Taxodium distichum Pond Cypress Taxodium ascendens Pignut Hickory Carya glabra Southern Magnolia Magnolia grandiflora Red Maple Acer rubrum Laurel Oak Quercus hemisphaerica Live Oak Quercus virginiana Nuttall Oak Quercus nuttallii Shumard Oak Quercus shumardii Southern Red Oak Quercus falcata Scarlet Oak Quercus coccinea Swamp Chestnut Oak Quercus michauxii White Oak Quercus alba Willow Oak Quercus phellos Loblolly Pine Pinus taeda Longleaf Pine Pinus palustris Slash Pine Pinus elliotii Eastern Redcedar Juniperus virginiana Sweetgum Liquidambar styraciflua Sycamore Platanus occidentalis Water Oak Quercus nigra Carolina Willow Salix caroliniana The following trees listed in Table No. 3 are medium canopy trees and are significant. Each planted tree in Table No. 3 shall count for 550 square feet of area for purposes of meeting the required minimum tree canopy required in section 7-090. Each planted tree shall be no less than two-inches DBH at planting. Any removal of the following trees must be in accordance to section 7-100. Table No. 3—Medium Canopy Trees: Common Name Scientific Name River Birch Betula nigra Lacebark Elm Ulmus parvifolia Golden Raintree Koelreuteria paniculata East Palatka Holly Ilex x attenuata American Holly Ilex x opaca Nellie R. Stevens Holly Ilex x `Nelie R.Stevens' Savannah Holly Ilex x attenuate `Savannah' Sweetbay Magnolia Magnolia virginiana Trident Maple Acer buergerianum Overcup Oak Quercus lyrata Chinese Pistache Pistacia chinensis Eastern Redbud Cercis canadensis Carolina Silverbell Halesia carolina Yellowwood Cladrastis kentukea Windmill Palm Trachycarpus fortunei Cabbage Palmetto Sabal palmetto Sugarberry Celtis laevigata Red Bay Persea borbonia Toothache Tree Zanthoxylum clava herculis Devilwood Osmanthus americanus 20141009CityCouncilPacket Page 163 of 210 20141002/jrl Carolina Laurel Cherry Prunus caroliniana Tough Bumelia (buckthorn) Bumelia tenex Sparkleberry Vaccinium arboreum The following trees listed in Table No. 4 are small canopy trees and are significant. Each planted tree in Table No. 4 shall count for 250 square feet of area for purposes of meeting the required minimum tree canopy required in section 7-090. Each planted tree shall be no less than two-inches DBH at planting. Any removal of the following trees must be in accordance to section 7-100. Table No. 4—Small Canopy Trees: Common Name Scientific Name Chastetree Vitex agnus-castus Crape Myrtle Lagerstroemia indica Flowering Dogwood Corpus florida Kousa Dogwood Corpus kousa Fringetree Chionanthus virginicus Yaupon Holly Ilex vomitoria `Little Gem' Magnolia Magnolia grandiflora `Little Gem' Chinese Redbud Cercis chinensis `Oklahoma' Redbud Cercis reniformis Snowbell Styrax americanus Waxmyrtle Myrica cerifera Sec. 7-180. Tybee Island Invasive and Non-native List. The following trees are prohibited from being planted within the city limits. The City of Tybee may add trees to the following list as necessary. Table No. 5—Invasive and Non-native Trees: Common Name Scientific Name Box Elder Acer negundo Bradford Pear Pyrus calleryana `Bradford' Camphor Cinnamomum camphora Catalpa Catalpa bignonoides Chinaberry Melia azadarach Chinese Tallowtree Sapiun sebiferum Female Ginkgo Ginkgo biloba Green Ash Fraxinus pennsylvanica Hackberry Celtis occidentalis Mimosa Albizia julibrissin Mulberry Morus species Princess Tree Paulowina tomentosa Russian Olive Elaegnus angustifolia Silver Maple Acer saccharinum Tree-of-heaven Ailanthus altissima Sec. 7-190. Severability. If the provisions of any section, subsection, paragraph, subdivision, or clause of this article shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section,subsection, paragraph,subdivision,or clause of this d 20141009CityCouncilPacket Page 164 of 210 20141002/jrl 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 , 2014. MAYOR ATTEST: CLERK OF COUNCIL 20141009CityCouncilPacket Page 165 of 210 20141002/jrl FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/52-2013—Art 7 Trees 09.02.14 Tybee/Ordinances/2014/52-A-2014—Art 7 Trees w/chgs by council&Garbett 10.01.14 20141009CityCouncilPacket Page 166 of 210 20141002/jrl MAYOR st is, CITY MANAGER Jason Buelterman Diane Schleicher CITY COUNCIL f __ CITY CLERK Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett sir Edward M.Hughes Monty Parks i � ` 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: October 9, 2014 Item: Second Reading Explanation: Map Amendment and Text Amendment—Ord. 51-2014; 1109 Lovell Ave.; current zoning R-2/ amended zoning N-G; Michael Hosti, petitioner; consideration of lot zoning Budget Line Item Number (if applicable): N/A Paper Work: ±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: October 1, 2014 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX(866) 786-5737 , of of Ethics yf www.cityoftybee.org [11CS 20141009CityCouncilPacket Page 167 of 210 20T�11002/jrl CITY OF TYBEE ISLAND Page 1 of 3 4);I LAND DEVELOPMENT CODE ` ' MAP AMENDMENT APPLICATION Fee $500 Applicant's Name: Michael Hosti Applicant's Telephone Number: 912-786-4601 Applicant's Mailing Address: P.O. Box 6, Tybee Island, GA 31328 If within two (2) years immediately preceding the filing of the Applicant's application for a zoning action, the Applicant has made campaign contributions aggregating to more than $250 to the Mayor and any member of Council or any member of the Planning Commission, the Applicant and the Attorney representing the Applicant must disclose the following: a. The name of the local government official to whom the campaign contribution or gift was made; b. The dollar amount of each campaign contribution made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action, and the date of each contribution; c. An enumeration and description of each gift having a value of $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action. Disclosure of Campai �o�fr�ributions form attachment hereto: x Yes , (71 1/11( /) I Signature of Applicant Date : Other specific data is required for each proposed Map Amendment. r City Official 04-0/Y1-AAA--) Date - / 9- 204 20141009CityCouncilPacket Page 168 of 210 20141002/jrl Page 2 of 3 NOTE: This application must be accompanied by additional documentation, including drawings and/or text that include or illustrate the information outlined below. Indicate in the spaces provided whether or not the required information is provided. YES or NO REFERENCE DESCRIPTION 5-020 (D) An amendment to the zoning map is considered to be an amendment of the Land Development Code. Such action requires a hearing by the Planning Commission and approval by the Mayor and Council at a scheduled public hearing. 5-040 (E) (2) An application for a map amendment shall include the following information: 5-040 (E) (2) (a) A map or plat of the land in question, and a description by metes and bounds, bearings, and distances of the land, or if the boundaries conform to the lot boundaries within a subdivision for which a plat is recorded in the land records of Chatham County then the lot, block, and subdivision designations with appropriate plat reference; and, 5-040 (E) (2) (b) The area of the land proposed to be reclassified stated in square feet if less than one acre, and in acres if greater than one acre. 5-110 Section 5-110, Standards for Land Development Code or Zoning Map Amendment Approval, identifies standards and other factors to be considered by the Mayor and Council in making any zoning decision. The Applicant should provide written data addressing each of the below listed standards and factors to assure consideration of applicable information. 5-110 (A) The existing land use pattern; 5-110 (B) The possible creation of an isolated district unrelated to adjacent and nearby districts; 5-110 (C) The existing population density pattern and the possible increase or overtaxing of the load on public facilities; 5-110 (D) Whether changed or changing conditions make the passage of the proposed amendment reasonable; 5-110 (E) Whether the proposed change will adversely influence existing conditions in the neighborhood or the city at large; 5-110 (F) Potential impact on the environment, including but not limited to drainage, soil erosion and sedimentation, flooding, air quality, and water quality and quantity; 5-110 (G) The reasonableness of the costs required of the public in providing, improving, increasing or maintaining public utilities, schools, streets and public safety necessities when considering the proposed changes; 5-110 (H) Whether the proposed change will be detrimental to the value or improvement or development of adjacent or nearby property in accordance with existing requirements; 5-110 (I) Whether the proposed change is out of scale with the needs of the neighborhood or entire city; 5-110 (3) Whether the proposed change will constitute a grant of special privilege to the individual owner as contrasted with the adjacent or nearby neighborhood or with the general public; and, 5-110 (K) The extent to which the zoning decision is consistent with the current city master plan or other local planning efforts, if any, of the city. The Applicant certifies that he/she has read the requirements for Land Development Code Map Amendments and has provided the required 'reformation to the best of his/her ability in a truthful nd honest manner. r X ( 1:((( L Signature of Applicant j Date 20141009CityCouncilPacket Page 169 of 210 20141002/ir1 ORDINANCE NO. 51-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA RELATING TO ARTICLE 13 OF THE LAND DEVELOPMENT CODE 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 Article 13 of the Land Development Code so that the properties described herein are designated for clarification and rezoning in order to correct the status of certain properties and in order to ensure that the properties comport with their current use and the overall plan of the city; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that the zoning map is amended and the test is hereby amended so that the following properties are changed from their current zoning as reflected on the table below as follows: See. 13-017. PIN ADDRESS CURRENT ZONING AMENDED ZONING 4-0006-20-009 1109 Lovell Avenue R-2 N-G 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 20141009CityCouncilPacket Page 170 of 210 20141002/jrl 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 , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2414/51-2013—Art 13 zoning map amend Lovell 09.02.14 20141009CityCouncilPacket Page 171 of 210 20141002/0 Sec. 5-110. Standards for Land Development Code or zoning map amendment approval. In order to promote the public health, safety, and general welfare of the city against the unrestricted use of property, the following standards and any other factors relevant to balancing the above stated public interest will be considered, when deemed appropriate, by the mayor and council in making any zoning decision: (A) The existing [and use pattern; (B) The possible creation of an isolated district unrelated to adjacent and nearby districts; (C) The existing population density pattern and the possible increase or overtaxing of the load on public facilities; (D) Whether changed or changing conditions make the passage of the proposed amendment reasonable; (E) Whether the proposed change will adversely influence existing conditions in the neighborhood or the city at large; (F) Potential impact on the environment, including but not limited to drainage, soil erosion and sedimentation,flooding, air quality, and water quality and quantity; (G) The reasonableness of the costs required of the public in providing, improving, increasing or maintaining public utilities, schools, streets and public safety necessities when considering the proposed changes; (H) Whether the proposed change will be detrimental to the value or improvement or development of adjacent or nearby property in accordance with existing requirements; (I) Whether the proposed change is out of scale with the needs of the neighborhood or entire city; (J) Whether the proposed change will constitute a grant of special privilege to the individual owner as contrasted with the adjacent or nearby neighborhood or with the general public; and, (K) The extent to which the zoning decision is consistent with the current city master plan or other local planning efforts, if any, of the city. 20141009CityCouncilPacket Page 172 of 210 20141002/jrl Sec. 4-050. District use regulations. (R) Neighborhood grocery store district. (1) Purpose. The purpose of the neighborhood grocery store district is to preserve what was previously an existing non-conforming use and to protect adjoining and nearby properties from intrusion of commercial property and to further preserve the residential character of the area while meeting the needs of the community for a grocery store. The neighborhood grocery store district is to provide a livable environment for residents and visitors while preserving a grocery store operation and to provide for the operation of adequate parking and improved traffic flow into and out of the grocery store area. (2) Applicability. The neighborhood grocery store district shall encompass those properties currently described as Property Identification Numbers 4-0008-19005 and 4-0006-19013, also known as Lots 21A, 21B, 22A and 22B, Ward 3, Tybee Island, Georgia, and Property Identification Numbers 4-0006-19-14 and 4-0006-19015, also known as Lots 20-A and 20-B, Ward 3, Tybee Island, Georgia. (3) Permitted uses/setbacks. a. The following uses are the exclusive permitted uses within the neighborhood grocery store district and are subject to site plan review: 1. A grocery store with associated parking as required. A grocery store is herein defined as a store where most of the floor area is devoted to the sale of food products for home preparation and consumption, which typically also offer other home care and personal care products, and which are substantially larger and carry a broader range of merchandise than convenience stores. The grocery store is not allowed to have facilities for providing gasoline to motor vehicles or other service, mechanical or garage type activities for motor vehicles. 2. Single-family residences. 3. Non-habitable accessory buildings, public utility structures; home business offices and, following special review: bed and breakfast residential, guest cottages, home occupations, and two-family dwellings. b. Setbacks in this district for new structures shall be as provided in the R2 district under section 3-090 c. This district shall have the same lot size and height restrictions applicable in the R2 district under section 3-090 for new construction or new structures. (4) Parking. Off-street parking for a grocery store operation shall require on parking spaces per every 370 feet of gross grocery store floor area under roof on a square foot basis regardless of the use of such area so as to include offices, stock rooms, freezers, etc. Parking for all permitted uses other than a grocery store shall be as required in section 3-080 (5) Buffer. A buffer of not less than three feet, including arboreal features and suitable fencing, shall be provided where the grocery store and parking is adjacent to the right of way of Lovell Avenue and neighboring residential property. (6) Notwithstanding any approved site plan or any other ordinance to the contrary, the city has adopted a policy pertaining to special use of designated off-street parking areas in the neighborhood grocery store district so as to allow a commercial business to use its private off- street parking area for an outdoor event when all of the conditions are met under the policy. The policy is on file with the clerk of council and with the zoning department. The policy may be changed from time to time by the mayor and council in accordance with this code. 20141009CityCouncilPacket Page 173 of 210 20141002/jrl Sec. 4-050. District use regulations. (C) R-2 one- and two-family residential district. The purpose of this district is to provide for affordable development of single-family and duplex style development. This district is intended for medium density residential neighborhoods which are quiet and livable. This district includes a mixture of one- and two-family homes with compatible educational, religious, and public institutions as well as limited home occupations. (1) Uses permitted by right. In an R-2 residence district, land may be used and buildings or structures may be erected, altered, or used for the following purposes: a. Uses permitted in R-1 residence district; and b. Two-family dwellings, (see also subdivision regulations). (2) Uses permitted after special review. In an R-2 residence district, land may be used and buildings or structures may be erected or used for the land uses listed below after a hearing has been held by the planning commission and the mayor and council has granted approval at a scheduled meeting. a. Uses permitted after special review in R-1 residence district. ****** ****** ****** ****** ****** ****** (A) R-1 residence district. This land use district is established to minimize development densities in certain portions of the island to prevent overall development on the island from exceeding its environmental carrying capacity. Also, to provide for quiet, livable, low-density single-family neighborhoods including compatible and supporting low impact educational, religious, and public institutions, as well as limited provisions for bed and breakfast operations. The character of development in these areas is oriented for permanent residents. This district shall remain single- family residential with some light family oriented service uses. Commercial and industrial uses are incompatible with this district. (1) Uses permitted by right. In a R-1 residence district, land may be used and buildings or structures may be erected or used for the following purposes: a. Single-family dwellings; b. Nonhabitable accessory buildings; c. Public utility structures; d. Home business offices; and, e. Public community buildings, libraries, recreation centers and museums. (2) Uses permitted after special review. In an R-1 residence district, land may be used and buildings or structures may be erected or used for the land uses listed below after a hearing has been held by the planning commission and the mayor and council has granted approval at a scheduled meeting: a. Bed and breakfast, residential; b. Reserved; c. Primary and secondary schools; d. Nursing homes and ancillary activities; e. Public parks and neighborhood playgrounds; f. Churches, including Sunday schools or educational buildings; g. Schools of general education, including kindergarten and day nurseries; h. Guest cottages; and, i. Home occupations. 20141009CityCouncilPacket Page 174 of 210 20141002/jrl ARTICLE 5. PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT Sec. 5-160. Enforcement. (A) Zoning enforcement officer. The mayor and council shall provide for the enforcement of this Land Development Code by appointing a zoning administrator, who shall, jointly with the city marshal and other inspections personnel, have the right to withhold building permits. The zoning administrator shall not have the authority to grant approval to any building permit that does not meet the requirements of this Land Development Code. (B) Violations. Any building or structure that is erected, altered, converted, or maintained in violation of this Land Development Code shall be subject to a minimum penalty of $500.00. Continuance of a violation shall be considered a separate and distinct offense for every day the violation is continued. (C) Enforcement of violations. When the zoning officer finds that any provision of this Land Development Code is being violated, the zoning officer or agent thereof shall execute the following procedures: (1) Thirty days prior to legal action by the city, send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional notices may be sent at the zoning officer's discretion. (2) Fifteen days prior to legal action by the city, send a final notice by certified mail stating the action the zoning officer intends to pursue if the violation is not corrected and shall advise that the zoning officer's decision may be appealed to the mayor and council at the next scheduled meeting. (3) The zoning officer shall request a summons, accusation, or complaint from the clerk of the municipal court of Tybee Island. "Complaint" shall mean summons, citation, accusation or statement of violation. a, Upon receipt of the complaint, the clerk of the municipal court shall cause the complaint and a hearing notice to be issued and served upon the owner of and any parties in interest in the property or sign which is involved in or is the subject of the complaint. Such hearing shall be held before the judge of the municipal court not less than ten days nor more than 30 days after service of the complaint, unless continued as provided by law. b. Complaints or orders issued by the municipal court pursuant to the provisions of this Land Development Code shall, in all cases, be served upon each person in possession of said property, each owner, and each party in interest; and the return of service signed by the public officer or his agent and the return of such public officer that such party or parties were served either personally or by leaving a copy of the complaint or order at the residence shall be conclusive as to such service,to the extent permitted by law. e. If any of the owners and parties in interest reside out of the city, service shall be perfected by causing a copy of such complaint or orders to be served upon such party or parties by the sheriff or any lawful deputy of the county of the residence of such party or parties and the return of services signed by the public officer or his agent other than the resident initiating the complaint; and the return of such public officer that such party or parties were served either personally or by leaving a copy of the complaint or order at the residence shall be conclusive as to such service, to the extent permitted by law. d. Nonresidents of this state shall be served by posting a copy of such complaint or orders in a conspicuous place on premises affected by the complaint or orders. Where the address of such nonresidents is known, a copy of such complaint or orders shall be mailed to them by registered or certified mail. e. In the event either the owner or any party in interest is a minor or an insane person or person laboring under disabilities, the guardian or other personal representative of such person shall be served and if such guardian or personal representative resides outside the county or municipality or is a nonresident he shall be served as provided for in subsection (C)(3)d. of this section. If such guardian or personal representative or in the event such minor or insane person lives outside the city or is a nonresident, service by leaving a copy at the place of his residence which shall be Tybee Island, Georgia,Code of Ordinances Page 1 20141009CityCouncilPacket Page 175 of 210 20141002/jrl 20141009CityCouncilPacket Page 176 of 210 20141002/jrl To Tybee Island Planning commission And Tybee Island City council : To All : I am requesting a variance for using my vacant lot at 1109 Lovell Ave for storage in trailers that have been in use there for over 5 years. The trailers are personal property of mine and the contents are paper products and charcoal for sale in Tybee market. There has not been an issue in the past with these trailers and their use until Diane Schleicher came to me over a public safety issue of delivery trucks on lovell ave. The issue was trucks having to travel several blocks on lovell to turn back out to Butler ave. The corners and utility poles as well as stop signs and street corner markers make it impossible for delivery tractors to make turns back out to Butler ave. At the time She was speaking with me told her that widening the turn radius on 11th and Lovell would only spark up complaints from One of my neighbors. Gloria Leonard whom has been my 20141009CityCouncilPacket Page 177 of 210 20141002/jrl only complaining neighbor for years was deemed a nuisance complainer by the Georgia dept Of Agriculture several years back. She had complained about any and everything to the city and finally the city told her that I was in compliance with all of her issues and they could not help her then she went to the Health dept after nearly two years of a compliance officer coming to the store 2-3 times a week I was called to Atlanta for an interview at the state health dept as well as all of the compliance officers that had come to check on her complaints. The conclusion was that Mrs Leonard was a nuisance complainer. My attorney Then lettered her to let her know that if she persisted we would take legal action. Since that time she has had her Daughter Katherine Williams do her complaining. It has been quite some time, until the city widened the corner in efforts to make public safety better in moving trucks back to butler, Since I have had her complain. I told The city manager this would happen and it did. The complaint was non compliant use of a residential lot that had been 20141009CityCouncilPacket Page 178 of 210 20141002/jrl used for the purpose of the requested Variance for 5 or more years and wasting taxpayers money to accommodate a business on Tybee. As you can see it was directed at Tybee Market as a problem and expense to the community. Tybee Market has been a operating licensed business since 1934 serving our residents with needs continually now for 80 years. Please find attached correspondence from neighbors on either side of the lot in question supporting the use of the trailers for storage. Neither neighbor could quite understand what the issue is and say the trailers have not ever been an issue in the past . Thank you all for your consideration in this issue ! Ike ` osti Tybee Market Inc. IGA 20141009CityCouncilPacket Page 179 of 210 20141002/jrl ,,/ '° J , 6/4i- p#9,e ,}641-41 f'2-07 ?$ 20141009CityCouncilPacket Page 180 of 210 20141002/jr1 Outlook.com Print Message https://bay172.mail.live.comfollmail.mvc/PrintMessages?mkt—en-us Print Close Living near the IGA From: Larry Schmitz (cathyandlarry @comcast.net) Sent Fri 7/04/14 6:30 PM To: mhosti @hotmail.com (mhosti @hotmail.com) Hey Mike. Just want to stress again how much we enjoy having our beach house near the store. You are a real resource. If you need any support for your future plans with the neighborhood feel free to contact me. Hope you get a chance to relax a little this summer. Larry Schmitz 1107 Lovell Sent from my iPhone 20141009CityCouncilPacket Page 181 of 210 20141002/y1 1 of 1 7/21/2014 4:OR PM Outlook.com Print Message https://bay 172.mail.live.com/ol/mail.mvc/PrintMessages?mkt=en-uc Print Close RE: Living near the IGA From: cathyandlarry @comcast.net Sent: Mon 7/21/14 9:33 PM To: mike hosti (mhosti @hotmail.com) Mike: I am sending you this with the expectation that someone in the City Council will read it while formulating the prospects of a zoning variance for the use of storage trailers. As I have stated in a previous email, I consider your store a resource and consider you a good neighbor. Your store occupies an unusual niche on the island, and because of this, some would say gets favored status. As a neighbor and fellow resident (albeit part time) I support giving you special consideration. I am of the opinion that you are a very considerate neighbor and have done everything in your control to minimize the disruption of having a store in the middle of a neighborhood. I personally consider the trailers you use next to my property a nice buffer. They do not make noise, they do not complain about my noise, and they give me a visual barrier that I would not have if there were an empty parking lot or worse, an adjacent house. Please feel free to contact me at any time if anyone on the Council has any questions that I could address. Larry Schmitz 1107 Lovell Tybee Island Ga. and 25 Barnett Dr Savannah Ga. 31406 912 429 4673 (cell) ----- Original Message -- 20141009CityCouncilPacket Page 182 of 210 20141002/jrl Michael Hosti 1109 Lovell Ave. PIN 4-0006-20-009 Current Zone R-2 Amended Zone N-G I F e - ' . —"----- -_... -• - 1 / ,. -- - --1-- ,/ ,1"... ---"t-.-""--, 4 ,,-' ',/ ,/ 0 --.1 th•-• '-.- 7 i ----- i __I i "." ___, ,-...,..., 1- .„ , '''''''''''''......"-'.-......' -----.. / r-------i / i .-----._ k----.. ------.. / 7.----'4 ----.,_ , i ----.: _ / / ----r--___Zr,,i.,-p. .., ; ? ---;" i-------I_ et r---.._ -- i_,_..., , , 4 k.1 ,-,.....___, I--- ....__ / 4 - -/ i ---------, ---4---___/ , / --- .. , - z-- , , , --_: / --, ---.,, .i , .---_ ,. ,r------ 0,. ---___i_ , , ,,..,.._ 1 I.------...; . .-, .-. 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' - 08, 10. 2014 11 '. , _ 20141009CityCouncilPacket Page 184 of 210 20141002/jr1 ORDINANCE NO. 56-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES RELATING TO LDC 4-050(R) SUBSECTIONS (2), (5) AND (7) FOR THE CITY OF TYBEE ISLAND, GEORGIA, 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 amend the Land Development Code pertaining to the Neighborhood grocery store district, and, NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the LDC, Section 4-050(R), subsections (2), (5) and (7) are hereby amended so that hereafter the ordinance shall read as hereinafter provided. Provided further, that the Official Zoning Map of the City of Tybee Island shall be amended to reflect this rezoning. SECTION 1 Article 2, Definitions, is hereby amended and it shall hereafter read as follows: (2) Applicability. The neighborhood grocery store district shall encompass those properties currently described as Property Identification Numbers 4-0006-19005, 4-0006-19013, also known as Lots 21A, 21B, 22A, and 22B, Ward 3, Tybee Island, Georgia, and Property Identification Numbers 4-0006-19-14 and 4-0006-19015, and 4-0006-20-009 also known as Lots 20-A, 20-B, and 28-A, Ward 3, Tybee Island, Georgia. (5) Buffer. A buffer of not less than three fee, including arboreal features and suitable fencing, shall be provided where the grocery store and parking is adjacent to the right of way of Lovell Avenue and neighboring residential property. Notwithstanding the foregoing buffer requirements, there shall be additional buffer requirements upon the parcel identified as parcel number 4-0006-20-009. Such parcel shall have 20141009CityCouncilPacket Page 185 of 210 20141002/jrl a five (5) foot setback running from the parcel's property lines. Nothing shall be allowed in the five (5) foot setback other than an eight (8) foot wooden privacy fence, trees and vegetation. The fence shall be maintained only on those parcel lines that abut property either zoned residential or which is being currently used as residential. (7) Notwithstanding anything to the contrary, the parcel described as Parcel Identification Number 4-0006-20-009 shall be limited to the following uses: (a) Parking of vehicles, which are either owned or leased by the owner of the adjacent grocery store located on the lot on the east side of Lovell Avenue adjacent to the subject lot; and, (b) Parking of temporary storage containers used to store products which are sold in the grocery store located on the lot on the east side of Lovell Avenue adjacent to the subject lot. The temporary storage containers must be capable of being removed immediately upon notice provided by the appropriate authorities. 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 20141009CityCouncilPacket Page 186 of 210 20141002/jrl intention. Provided further, the Official Zoning Map of the City of Tybee Island shall be amended to reflect this rezoning. 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 , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/56-2014 Neighborhood Grocery Text Am. 10.01.14 20141009CityCouncilPacket Page 187 of 210 20141002/jr1 ORDINANCE NO. 56-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES RELATING TO LDC 4-050(R) SUBSECTIONS (2), (5) AND (7) FOR THE CITY OF TYBEE ISLAND, GEORGIA, 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 amend the Land Development Code pertaining to the Neighborhood grocery store district, and, NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the LDC, Section 4-050(R), subsections (2), (5) and (7) are hereby amended so that hereafter the ordinance shall read as hereinafter provided. Provided further, that the Official Zoning Map of the City of Tybee Island shall be amended to reflect this rezoning. SECTION 1 Article 2, Definitions, is hereby amended and it shall hereafter read as follows: (2) Applicability. The neighborhood grocery store district shall encompass those properties currently described as Property Identification Numbers 4-0006-19005, 4-0006-19013, also known as Lots 21A, 21B, 22A, and 22B, Ward 3, Tybee Island, Georgia, and Property Identification Numbers 4-0006-19-14 and 4-0006-19015, and 4-0006-20-009 also known as Lots 20-A, 20-B, and 28-A, Ward 3, Tybee Island, Georgia. (5) Buffer. A buffer of not less than three fee, including arboreal features and suitable fencing, shall be provided where the grocery store and parking is adjacent to the right of way of Lovell Avenue and neighboring residential property. Notwithstanding the foregoing buffer requirements, there shall be additional buffer requirements upon the parcel identified as parcel number 4-0006-20-009. Such parcel shall have 20141009CityCouncilPacket Page 188 of 210 20141002/jrl a five (5) foot setback running from the parcel's property lines. Nothing shall be allowed in the five (5) foot setback other than an eight(8) foot wooden privacy fence, trees and vegetation. The fence shall be maintained only on those parcel lines that abut property either zoned residential or which is being currently used as residential. (7) Notwithstanding anything to the contrary, the parcel described as Parcel Identification Number 4-0006-20-009 shall be limited to the following uses: (a) Parking of vehicles, which are either owned or leased by the owner of the adjacent grocery store located on the lot on the east side of Lovell Avenue adjacent to the subject lot; and, (b) Parking of temporary storage containers used to store products which are sold in the grocery store located on the lot on the east side of Lovell Avenue adjacent to the subject lot. The temporary storage containers must be capable of being removed immediately upon notice provided by the appropriate authorities. 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 20141009CityCouncilPacket Page 189 of 210 20141002/jrl intention. Provided further, the Official Zoning Map of the City of Tybee Island shall be amended to reflect this rezoning. 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 , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/56-2014 Neighborhood Grocery Text Am. 10.01.14 20141009CityCouncilPacket Page 190 of 210 20141002/jr1 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: October 9, 2014 Item: CPR/AED Employee Training Policy Revised Paper Work: X Attached* Audio/Video Presentation** Submitted by: Diane D. Schleicher Phone/Email: dsch @cityoftybee.org Comments: Date given to Clerk of Council—9.30.14 20141009CityCouncilPacket Page 191 of 210 20141002/jrl Cardio Pulmonary Resuscitation Training Policy for CPR and AED All current and future employees of the City of Tybee Island will be trained in the proper performance of Cardio Pulmonary Resuscitation (CPR) to include Airway Obstruction and the proper usage of the Automatic External Defibrillator (AED). The guideline set by the American Heart Association is for renewed training every two years. The city will provide CPR Training annually for all employees to begin in 2014 to facilitate renewals and to provide training opportunities for new employees. A copy of the CPR certificate of completion will be placed in the employee personnel file. Employees that desire to obtain this training on their own will be required to provide a certificate of completion. This policy is for training purposes only. The City of Tybee Island has no policy related to the use of said training in the context of an emergency. Each employee, other than those employees who are required to render aid or care in emergency situations, has the right to act at his or her own discretion in deciding to render aid or care, or not, during an emergency. This training shall in no way place an employee, other than those employees who are required to render aid or care in emergency situations, to render aid or care, either while performing duties for the City of Tybee Island or otherwise. Print Name 20141009CityCouncilPacket Page 192 of 210 20141002/jrl Signature dico\ 111111:1411b 20141009CityCouncilPacket Page 193 of 210 20141002/0 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: October 9, 2014 Item: Mass Notification System Usage Policy Paper Work: X Attached* Audio/Video Presentation** Submitted by: Diane D. Schleicher Phone/Email: dsch @cityoftybee.org Comments: Date given to Clerk of Council—9.30.14 20141009CityCouncilPacket Page 194 of 210 20141002/jrl Mass Notification System Usage Policy: The City of Tybee Island maintains an annual subscription to Everbridge, an online Mass Notification System, commonly referred to as Reverse 911.The member database is comprised of the local AT&T (White Pages) database, and the Citizen Opt-in database.The AT&T information is updated quarterly and the Opt-in database is continuously updated as citizens either create or delete their accounts. Emergency notifications can be sent to either/both databases, but non-emergency notifications CAN ONLY be sent to the Opt-in database. All informational, non-emergency notifications will be sent during normal business hours by IT staff. All emergency notifications will be sent by the on duty TIPD Dispatch operator. The following City Officials have the authority to initiate an emergency notification and will provide the Dispatch Operator with the specific message text: Mayor Mayor Pro Tern City Manager Fire Chief Police Chief TEMA Director The notification process shall begin immediately upon receipt of a properly authorized message and confirmation of the successfully completed notification shall be communicated to the City Official authorizing the activation. 11411114%)‘ 20141009CityCouncilPacket Page 195 of 210 20141002/jrl BY-LAWS of the TYBEE ISLAND DEVELOPMENT AUTHORITY/MAIN STREET PROGRAM for the City of Tybee Island,Georgia ARTICLE 1 —NAME AND PURPOSE Section 1-1. Name Tybee Island Mayor and City Council activated the Tybee Island Downtown Development Authority (DDA)by Resolution on August 14,2014. Directors of this Authority("Directors") shall also serve as the Tybee Island Main Street Board of Directors. Directors shall henceforth exist under this authority with all of its rights,responsibilities and limitations in accordance with the DDA Law O.C.G.A. 36-42-1, et seq. The name of the Authority shall be the Tybee Island Development Authority/Main Street Program, otherwise referred to in these by-laws as"the Program". The Program will serve the geographical area within Tybee Island city limits as indicated on the attached map [Exhibit A]. Section 1-2. Purpose The purpose of the Program is to provide technical assistance and financial opportunities with incentives, as available that encourage quality economic growth and development while preserving Tybee Island's unique architectural and community heritage. The purpose will be carried out with Program Director's involvement with facilitating public and private efforts to revitalize,redevelop, and enhance that which improves the quality of life for those that live,work, and visit Tybee Island with partners that work collaboratively towards achieving goals identified within the City of Tybee Island Master/ Comprehensive Plan to maintain the island's sense of place. ARTICLE 2—VISION/MISSION AND DEVELOPMENT OF WORK PLANS Section 2-1. Vision Vision Statement: The Vision of the Program is to improve the quality of life for those that live,work, and visit Tybee Island and enhance the cultural experience while preserving the community's barrier island heritage. This Vision will be achieved through the Director's commitment to the National Main Street Four-Point Approach®of historic preservation-based economic development that balances design,business assistance,promotion, and organization with established committees and partners that represent each point. Section 2-2. Work Plans The Program will follow the National Main Street work plan model to annually develop comprehensive work plans to achieve the goals in compliance with DDA Law. ARTICLE 3—BOARD OF DIRECTORS Section 3-1. Management Powers,Number, Qualification and Term. The property, affairs and business of the Program shall be managed by its directors consisting of seven persons with applicable qualifications and appointed as provided by law(O.C.G.A. 36-42-1). Each director shall be appointed by the elected officials of the City of Tybee Island and hold office for a term of four(4)years following the terms filled upon the activation of the DDA on August 14,2014. If necessary, a director whose term of office has expired shall continue to hold office until a qualified successor is appointed. If a vacancy is created by the death,resignation or removal of a Board member, a successor shall be appointed in the same manner as the original appointment,but for the unexpired term only. 20141009CityCouncilPacket Page 196 of 210 20141002/0 A maximum of four Ex-Officio members may be appointed to serve for a two year term by a majority vote of the Directors. An Ex-Officio member shall represent the business community,non-profit organization, and/or be a full-time resident of Tybee Island. Section 3-2. Personnel The Executive Director,Development Authority/Main Street(Employee)with the City of Tybee Island shall be a non-voting member of the Program and shall be present at all meetings held by the Directors. The Employee shall manage and coordinate the Program's policies and projects and perform other duties as the City Manager and Directors may require. The employee,with advice of the Chair and/or Executive Committee, shall prepare the Program's agendas for all regular and special meetings and send them to the Board members at least twenty-four (24)hours prior to the meeting. Any Board member may request that an item be placed on the agenda,but all such requests shall be submitted through the Chair and/or Executive Committee.However,the employee shall utilize discretion in the quantity of agenda items in order to maintain the timeframe of the meeting. In the absence of said employee,the City of Tybee Island shall seek to fill this position with input from the Program's Executive Board. Section 3-3. Powers and Responsibilities. Program Directors shall have such power and authority as is conferred upon them in accordance with the terms and provision of the Downtown Development Authority Law as it now exists and as it might hereafter be amended or modified. To achieve the goals of the Program, each member of the Board will actively participate in one of the standing committees, as well as,board development workshops,required trainings, and other activities that will benefit the individual's dedication to the Program. All new members of the Board of Directors shall participate in an orientation program familiarizing them with the goals and objectives of the Program and with their responsibilities. Board Members shall show their commitment to the Program through attendance at regularly scheduled meetings, special meetings, and committee meetings of which they serve. If a member has three(3) consecutive or four(4) or more unexcused absences at any of the above mentioned meetings in the course of one year,the Chairperson may,with majority approval from the Board, submit a recommendation to the City Council for said member to be removed from the Board. Extenuating circumstances, such as,but not limited to,personal or employment circumstances,will be considered. Section 3-4. Regular Meetings. Regular meetings of the Authority shall be typically held on the third Wednesday of each month at 6pm in the Auditorium of Tybee Island City Hall. Meetings may be called by the Chairperson or at the request of at least fifty percent of the directors via email or fax to each member at least 48 hours prior to such meeting. All meetings shall comply with the Georgia Open Meetings Act(O.C.G.A. Section 50-14-1). Section 3-5. Special Meetings. Special meetings may be held upon request of the Chairperson,Vice-Chairperson in the absence of the Chairperson, or the Employee with a written request of four(4)or more Board Members by giving twenty-four(24)hour notice of the meeting, stating the purpose of the meeting and by posting a public notice of the meeting, as per the Georgia Open Meetings Act(O.C.G.A. Section 50-14-1). Notice of a special meeting may be either provided in person,via telephone,fax, or email. 20141009CityCouncilPacket Page 197 of 210 20141002/jrl Section 3-6. Quorum. A quorum shall consist of at least four Directors attending a meeting in person or via teleconferencing. Decisions are made by majority vote of those at a meeting in which a quorum is present. If less than a majority of Directors are present at said meeting, a majority of Directors present may adjourn the meeting without further notice,until a quorum has been obtained. Subject to open meeting requirements, any action required or permitted to be taken at any meeting of the Board of Directors may be taken without a meeting, if all members of the Board consent thereto in writing, setting forth the action so taken, and the writing or writings are filed with the minutes of the proceedings. Such consent shall have the same force and effect as a unanimous vote of the Board. Section 3-7 Disclosure of Interest A Board Member who has a conflict of interest in any matter before the Board shall disclose that interest and recuse themselves prior to the Board taking any action. Section 3-8. Parliamentary Procedures. The most current Roberts Rules of Order shall govern the parliamentary procedures of the Authority when not in conflict with these by-laws. The order of business may be altered or suspended at any meeting by a majority vote of the active members present. Section 3-9. Nominations of Members. Prior to the expiration of a Director's term,the Executive Board shall seek and make recommendations for qualified individuals, in accordance with the adopted resolution,to be appointed by the City of Tybee Island Mayor and City Council. Directors may, from time to time,make suggestions to the elected officials for new Director and vacant Director positions in order to assist in meeting the needs and goals of the Program. ARTICLE 4—AUTHORITY AND DUTIES OF DIRECTORS AND OFFICERS Section 4-1. Number. Directors shall elect from one of their members a Chairperson, a Treasurer, and a Secretary to be Officers of the Authority. Section 4-2: Duties of Officers The Chairperson shall preside at meetings of the Board and shall perform such other duties as may be, from time to time, assigned by the Board. The Chairperson shall be a voting member of the Board. The Vice-Chairperson shall perform the duties of the Chairperson in the Chairperson's absence and such other duties as,from time to time, are assigned by the Board. The Treasurer shall review and present to the Board for approval all Program revenue and expense reports tracked by Employee and Finance Director of the City. In the absence of Employee or Finance Director of the City,the Treasurer will be responsible for all tracking of all funds, expenses and revenues. The Secretary shall record,review and present to the Board for approval all Program meeting minutes, committee minutes and correspondence. Officers with Employee as an ex-officio member shall serve as the Executive Board and shall oversee and advise the direction and actions necessary for the daily management of the Program. 20141009CityCouncilPacket Page 198 of 210 20141002/jrl Section 4-3. Election and Removal. A meeting shall be held within the first two months of the Authority being activated and within the first three months each year beginning in 2016 for the purpose of electing new officers. Notice of the time and place of such meeting shall be given by the retiring Chairman. All officers shall be elected by and serve at the discretion of the board. Any officer may be removed from office, either with or without cause, at any time,by the affirmative vote of the majority of the directors then in office. Section 4-4. Powers. The powers and duties of the officers shall be as provided from time to time by resolution or other directive of the directors. In the absence of such provisions,respective officers shall have the powers and shall discharge the duties customarily and usually held and performed by like officers of authorities similar in organization and purposes to this Program. ARTICLE 5—COMMITTEES Section 5-1. Standing Committees The Board of Directors may,by majority vote, establish committees entitled Organization,Business Assistance, Design, and Promotions in accordance with the National Main Street Center Four-Point Approach®. The committees shall be composed of a Board Liaison and at least three other persons, which may include non-Board members. Directors may make such provisions for appointment of the liaison of such committees; establish such procedures to govern their activities, and delegate thereto such authority as may be necessary or desirable for the efficient management of the property, affairs,business, and activities of the Program. The liaison or employee shall be responsible to send committee meeting reminders,prepare materials and coordinate committee activity in conjunction with the Program as dictated by a majority of Directors. Sub-committees may be established by majority vote of the Directors to address specific issues and items within the Program's prevue. Section 5-2. Responsibilities of Committees The committee members shall effectively and efficiently carry out the goals of the Program and make recommendations to the Board of Directors for final decisions reflective of the Program. Committee Liaison shall determine and schedule Committee meeting times, dates, and locations. Liaison will notify Employee and Directors of its meetings and will keep written reports of its proceedings and forward those reports to Employee and Directors. The committees do not have authority to take action, act on proposed plans, or enter into contracts or purchase agreements without obtaining approval of the Board. The designation and appointment of committees and the delegation thereto of authority shall not operate to relieve the Board of Directors, or any individual Director, of any responsibility imposed upon them by law. Section 5-3. Advisory Committee The Board,by resolution,may designate and appoint one(1) or more stakeholder groups to advise the Board on the direction of the Program. The members of such advisory groups may be selected by majority vote of Directors. ARTICLE 6: FINANCIAL ADMINISTRATION Section 6-1. Fiscal Year. The fiscal year of the Program shall conform to the City of Tybee Island's fiscal year. 20141009CityCouncilPacket Page 199 of 210 20141002/jrl Section 6-2. Budget Members shall prioritize goals for the Program and approve a proposed budget outlining necessary details four months prior to the new fiscal year. The Employee shall deliver the approved proposed budget to the Finance Director of the City for review and submission to the Mayor and City Council for approval and adoption. The approved budget may be reviewed and revised periodically as deemed necessary by the Directors. Section 6-3. Revenue and Expenditures All revenues and expenditures for the Program shall be reviewed at a regular scheduled Board of Directors meeting. Section 6-4. Compensation Directors shall receive no compensation. Should a member be called upon by the Program to represent the Program at a conference,meeting, or other official occasion,the member shall be reimbursed for expenses as defined in the City's personnel policy. Section 6-5. Annual Audit. The Treasurer may cause an annual audit of the books of the Program to be made by the firm,which audits the books of the City of Tybee Island, and present such audit to the directors of the Program. The City of Tybee Island shall include the Program's finances with their copy of the audit that shall be filed with the State Auditor; if necessary,to comply with the Local Government Financial Management Standards Act(Georgia Laws, 1980,p. 1738). ARTICLE 7: EFFECTIVE DATE Section 7-1. Approval of by-laws These by-laws as written and any amendments to said by-laws shall become effective upon approval of the City Council. ARTICLE 8: AMENDMENTS Section 8-1. Amendments. The by-laws of the Program shall be subject to alteration, amendment or repeal, and new by-laws not inconsistent with any laws of the State of Georgia creating this Authority may be made by affirmative vote of a majority of the directors then holding office at any regular or special meeting of the directors. Proposed amendments shall be submitted in writing to all directors of the Program ten(10)days prior to the meeting at which such amendment will be considered. If such written proposed amendment is submitted by email, it shall be deemed delivered when sent. Resolved this day of ,20 by the Tybee Island Development Authority/Main Street Board of Directors. Ted Lynch, Chair ATTEST: 20141009CityCouncilPacket Page 200 of 210 20141002/jrl TYBEE ISLAND HISTORIC PRESERVATION COMMISSION MEETING MINUTES July 21, 2014 Commissioners Present: Sue Bentley, Dottie Kluttz, Bill Kriener, Neca Stoller, Bill Garbett Others Present: Sarah Jones, Chantel Morton CALL TO ORDER Chairperson Sue Bentley called the meeting to order at 6:05pm. MAY 19 MEETING MINUTES Neca made a motion to approve the Historic Preservation Commission May 19, 2014 meeting minutes. Bill K. seconded the motion. The motion passed unanimously. PERMIT REVIEW UPDATE Sue reported that she conferred with Sarah regarding continuing roofing permit requests per the City's Planning and Zoning Department's request. Sarah confirmed that the roofing permit requests should continue to be part of the required review process by HPC. Sue confirmed she will bring Sarah copies of permits she receives so that the Historical Society can keep records. MEETING WITH LEIGH BURNS—AUGUST 14 @ 5:15PM IN ROOM 6 AT THE OLD SCHOOL Chantel reminded Commissioners that HPD Outreach Program Manager and CLG Program Coordinator, Leigh Burns, will be meeting with Commissioners Thursday, August 14 at 5:15pm in Room 6 at the Old School. This meeting will include information about being a Certified Local Government. Leigh will be presenting a Certified Local Government certificate to the Mayor and City Council during the City Council meeting that evening. NATIONAL PRESERVATION CONFERENCE Sarah reminded Commissioners that the National Preservation Conference is taking place in Savannah November 11— 13. Directors and Staff of the Georgia HPD are hosting a reception for SHPOs at the Lighthouse November 11 from 4:30pm —8:30pm. Local elected officials and preservationists will be invited. Assistance that evening will be appreciated. Chantel will send a link about the conference to Commissioners. DESIGN GUIDELINES Sarah confirmed she is working on individual district design elements to accompany the Design Guidelines document Commissioners have been revising. Commissioners agreed to have a workshop for review of the guidelines on September 4 at 10am. Chantel will check on the availability of Room 6 and email confirmation to Commissioners. 20141009CityCouncilPacket Page 201 of 210 20141002/jrl LOCAL HISTORIC DISTRICTS Commissioners discussed how the three current national districts and the one proposed district will complement the design guidelines being worked on and strengthen the support of elected officials designating local historic districts. Sarah will prepare a timeline outlining necessary steps to obtaining local districts. Dottie expressed the need for a clever presentation about preservation specific to Tybee. REVIEW TERMS &APPOINTMENTS Chantel reported that, according to the Preservation Ordinance, some Commissioner's terms are expiring. She will email the update and posting for the Commissioner seats. OTHER BUSINESS Sue reviewed her experience with attending the Realtors Historic Preservation Leadership Course. She will bring the binder she received to the next meeting for Commissioners to review. Chantel provided an overview of the National Alliance for Preservation Commissions Forum she attended last week in Philadelphia. Commissioners discussed the importance of preservation inclusion regarding planning for sea level rise. Chantel will send Commissioners information she has received from National Trust. ADJOURNMENT The meeting adjourned at 7:00pm. 20141009CityCouncilPacket Page 202 of 210 20141002/jrl TYBEE ISLAND HISTORIC PRESERVATION COMMISSION MEETING MINUTES August 14, 2014 ATTENDANCE Commissioners: Sue Bentley,Jane Coslick, Bill Garbett, Dottie Kluttz, Bill Kriener, Neca Stoller Advisor: Sarah Jones Staff: Chantel Morton Guest(s): Leigh Burns, Bob Ciucevich CALL TO ORDER Advisor Sarah Jones called the meeting to order at 5:15pm. Sarah introduced Leigh Burns, Outreach Program Manager&Certified Local Government Program Coordinator with the Georgia Historic Preservation Division (HPD). CERTIFIED LOCAL GOVERNMENT OVERVIEW Leigh gave a PowerPoint presentation about the Certified Local Government (CLG) Program and how the HPC can put the designation into practice. She congratulated everyone for their continued dedication and works to preserve Tybee and on becoming the 88t" CLG in the State. Commissioners discussed the Historic Resource Survey that the Historical Society worked on in 2006. Sarah has all of the originals in binders at her office. A previous employee at City Hall has started scanning the binders a few years ago and Chantel completed the scanning project over a year ago. The digital copy is on city's F drive which can be accessed by staff. Leigh emphasized the need to keep the resource surveys up to date. Bob expressed the need for the survey to be updated since there are many more buildings on Tybee that now meet the 50 year mark. Updating surveys are a project that meets eligibility for the Historic Preservation Fund (HPF) Grant program. The HPF Grant program is funded each year from Congress through the National Park Service to the states. HPD dedicates 10%to award CLG projects submitted through a competitive grant process. The grant is a 60/40 match that enables CLGs to undertake projects that aid in the preservation of historic properties through planned identified needs and projects. Commissioners discussed the importance of a good grant submittal. Leigh confirmed projects can be submitted as phases. Leigh discussed with Commissioners the importance of outreach and that partners should be going through the HPC regarding preservation issues. The HPC should serve as a role model for the City and elected officials. Leigh explained the resources available through her office. She will send a follow up email with additional information. Chantel will send Commissioners links to HPD's website and YouTube videos, and previous CLG grant projects. 20141009CityCouncilPacket Page 203 of 210 20141002/jrl NATIONAL ALLIANCE FOR PRESERVATION COMMISSIONS FORUM REPORT As part of the scholarship Chantel received from HPD to attend the National Alliance for Preservation Commissions Forum in Philadelphia, she provided an overview about sessions she attended at the conference again since Leigh attending the meeting. Commissioners have received an email with links about some research on coastal impacts regarding the Sea Level Rise information. LOCAL HISTORIC DISTRICTS Sarah reviewed the necessary steps to establishing a local historic district/districts. Leigh explained that the HPC Chair is responsible for presenting the HPC's recommendation to the Mayor and City Council. Commissioners discussed pros and cons of pursuing all four districts at once versus one at a time. Bob suggested simplifying it by pursuing Ft. Screven District and the Resort District, which encompasses most everything south of 11th Street. Neca made a motion that the HPC pursue establishing the Ft. Screven District and the Resort District as Local Historic Districts. Dottie seconded the motion. The motion passed unanimously. ADJOURNMENT The meeting adjourned at 6:25pm. 20141009CityCouncilPacket Page 204 of 210 20141002/jrl TYBEE ISLAND MAIN STREET BOARD OF DIRECTORS MEETING Minutes: June 18, 2014 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Vision: To improve the quality of life for those that live, work,and visit Tybee Island through a healthy business corridor and enhance the cultural experience while preserving the community's barrier island heritage. The Mission of the Tybee Island Main Street Program is to: -facilitate efforts to revitalize,redevelop,and enhance the business corridor; -create a sense of place and improve the quality of life for residents,business owners,and visitors using the Main Street Four Point Approach; -encourage quality economic growth and development while preserving Tybee Island's unique architectural and community heritage; -support and encourage the arts as a cultural endeavor and economic engine on the Island. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII DIRECTORS PRESENT Angela Caldwell, Bill Garbett,Jim Glass,Vicki Hammons, Deana Harden,Ted Lynch, Brenda Marion, Melissa Memory, Kelly Partridge DIRECTORS ABSENT Steve Kellam, Kelly Partridge,John Yarbrough CALL TO ORDER Ted called the meeting to order at 6:03pm. MAIN STREET BOARD OF DIRECTORS MINUTES Brenda made a motion to approve the Main Street Board of Directors May 21, 2014 minutes. Vicki seconded the motion. The motion passed unanimously. ORGANIZATION Directors discussed the recommendation by DCA to expand the Main Street Boundaries to City limits. Billy and Jessica will be at the June 20 meeting from 9— 10am to meet with MS Directors. Angela,Jim, Melissa,Vicki, and Ted are confirmed to attend so far. The discussions will continue from 10am—12pm with city officials. Chantel confirmed they will also be reviewing the opportunity to activate the Downtown Development Authority for Tybee again. Ted confirmed the Business Assistance Committee is gathering information about Main Street becoming a non-profit organization. The City Attorney is also researching. Directors agreed to cancel the regular Board of Directors meeting in July. DESIGN COMMITTEE Vicki reported the Design Committee met on June 10. She reviewed the Facade Improvement Grant application again and confirmed the design guidelines will apply for those seeking funding. Directors reviewed the mural guidelines as recommended by the Design Committee. All agreed that the Design Committee will make recommendations to the Main Street Board of Directors for consideration of proposed mural applications. Melissa will send Chantel verbiage to include with Item 3 as an explanation of reasoning for plywood for maintaining the integrity of a building. The City of Tybee Island's Sign Ordinance is being revised to include allowance of murals. The Planning Commission passed the proposed wording at their meeting yesterday,which Chantel and Vicki attended and answered questions. City Council will consider the first reading at their July 10 meeting. Vicki made a motion to approve the mural guidelines with the verbiage Melissa provides and the design guidelines that will apply to Façade Improvement Grant applications. Brenda seconded the motion. The motion passed unanimously. 20141009CityCouncilPacket Page 205 of 210 20141002/jrl BUSINESS ASSISTANCE COMMITTEE UPDATE Ted reported that the Business Assistance Committee will be meeting every other month. He would like others to tell Chantel and/or him if they are interested in participating. The Financial Opportunities brochure is being finalized. Information about the low interest loans (2%) available through Main Street will be included and the 10% credit for commercial buildings constructed prior to 1936. Directors discussed federal tax credits for properties listed on the National Historic Register. The owners of Tybee Social Club, Sarah and Kurtis, have officially opened Tybee Fish Camp. Chantel arranged a ribbon cutting ceremony for them on June 20 at 4:30pm. Chantel is working on setting up a meeting with those that are buying the Ocean Plaza Beach Resort to discuss the function of Main Street, etc. Angela confirmed that Miriam will be closing Island Blossom at the end of July. Becky with Shell Art will be expanding to include a workshop space in Miriam's space. Directors discussed the need for shops to have consistent hours of operation for an inviting and thriving business environment. PROMOTIONS COMMITTEE Brenda reminded Directors that this Saturday's movie for Movies in the Park will be Frozen. She has the canvas for the screen to be attached to the gym wall. A press release was sent out about the movie, the Main Street FB page has information and others are sharing. Chantel and she have an interview on WJCL Friday morning. Directors discussed activities for the children prior to the movie starting. Directors discussed the logistics of allowing vending and agreed that no vendors should be permitted this first season, but will be discussed again at a later date. The next Promotions Committee meeting is set for June 25 at 6pm. NEWS FROM DIRECTORS Directors discussed the Mermaid Parade receiving media attention. Chantel confirmed the organizer has done something similar at Coney Island. Based on the information the organizer conveyed to Chantel, they were not required to go through the special event application process. Vicki shared that Lighthouse Pizza has a new sign that is retro in design in order to complement the age of the building and the downtown area. ADJOURN The meeting adjourned at 7:00pm. 20141009CityCouncilPacket Page 206 of 210 20141002/jrl TYBEE ISLAND MAIN STREET BOARD OF DIRECTORS MEETING Minutes: August 13, 2014 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Vision: To improve the quality of life for those that live, work,and visit Tybee Island through a healthy business corridor and enhance the cultural experience while preserving the community's barrier island heritage. The Mission of the Tybee Island Main Street Program is to: -facilitate efforts to revitalize,redevelop,and enhance the business corridor; -create a sense of place and improve the quality of life for residents,business owners,and visitors using the Main Street Four Point Approach; -encourage quality economic growth and development while preserving Tybee Island's unique architectural and community heritage; -support and encourage the arts as a cultural endeavor and economic engine on the Island. DIRECTORS PRESENT: Jim Glass, Bill Garbett, Vicki Hammons, Deana Harden, Brenda Marion, Melissa Memory DIRECTORS ABSENT: Angela Caldwell, Steve Kellam, Ted Lynch, Kelly Partridge, John Yarbrough GUEST(S): Wanda Doyle CALL TO ORDER Vicki called the meeting to order at 6:05pm. MAIN STREET BOARD OF DIRECTORS MINUTES Jim made a motion to approve the Main Street Board of Directors June 18, 2014 meeting minutes. Brenda seconded. Chantel confirmed Ted approved via email. The minutes were approved unanimously. ORGANIZATION Chantel provided an update about the Non-Profit options Directors have been discussing since the May Board Retreat. She read the information about the new 1023-EZ form with user fee and auditing that Ted provided her with prior to him leaving town. Directors discussed the options of becoming a 501C3 versus a 50106 as Billy and Jessica have explained. Directors will continue consideration. Chantel confirmed that Deana is going to DDA training in Decatur on August 19. This is the first day of the annual Downtown Conference, which Chantel is attending. Vicki confirmed the resolution for elected officials to activate the DDA will be considered at the August 14 City Council meeting. This will add to the economic resources currently being offered by providing more options of low interest loans for interested property owners, grant opportunities, property acquisition, and such. Once activated,the Authority Directors will meet to review identified/suggested needs and then meet with elected City Officials to discuss. These steps will be helpful for a strong partnership in planning. Directors discussed the current program budget from the City's general fund. Additional funding for future projects will be decided once planned projects that meet required needs are agreed upon. Chantel confirmed she has not received questions/concerns about the resolution she emailed to Directors. Wanda expressed her support for activating the DDA. DESIGN COMMITTEE Vicki reviewed the approved Mural Guidelines with the suggested wording Melissa provided to explain why plywood is required with a mural. The second reading of the Sign ordinance,which provides allowance for murals, will be considered at the August 14 City Council meeting. Chantel confirmed she reviewed the mural guidelines with the Planning and Zoning Manager. The manager confirmed that the permit fee their office will require covers the requirement of the plywood. Chantel has put together a 20141009CityCouncilPacket Page 207 of 210 20141002/jrl binder for applicants to review for example mural designs. The binder also includes the facade improvement grant information with the applicable design guidelines. Vicki thanked Wanda for attending the meeting to discuss the rope lighting on the palm trees downtown. Wanda suggested a compromise that white and blue rope lights alternate on the trees along Butler between 14th Street and Tybrisa and Strand Street. The Department of Public Works is working on the electrical needs for both areas. All discussed pros and cons of solar versus LED,the desire for consistency, and budgetary conservativeness. Directors agreed that soft white LED rope lights should be ordered and the existing blue rope lights should be used in order to have white rope lights and blue rope lights alternate along the palm trees once turtle nesting season is over. BUSINESS ASSISTANCE COMMITTEE UPDATE Deana confirmed that a Merchant Meet-Up is taking place on August 26 at the Guard House beginning at 9:30am. The meeting is for merchants to gather and talk about what marketing they have found to be successful and what each other's marketing plans are for the fall/winter seasons. Chantel has emailed business owners/employees and has received 20 confirmations so far. Deana confirmed she has visited with a few business owners and reported that she spent a good amount of time explaining the concept of Main Street. She will continue to reach out. Directors discussed the Financial Opportunities brochure Chantel put together and emailed to them. Brenda suggested the font size be increased. Deana suggested the Main Street website be more noticeable. Deana confirmed these brochures will be available at the Merchant Meet-Up meeting and that Chantel will post on the Main Street webpage. PROMOTIONS COMMITTEE Brenda reported that last month's Movie in the Park was held in the gym due to rain. She thanked Jim for his assistance. Attendance was down due to the bad weather. She confirmed that Chantel recently found out that the city has a projector and speakers that can be borrowed for this Saturday's Movie in The Park. The YMCA will distribute flyers at skate night. Tybee Island Area Rental Association (TIARA) was trying to secure a vendor in order to submit a proposal for sponsoring Movies in the Park with a screen, projector, and sound equipment, but they confirmed with Brenda that they were not able to for this season. They will contact Brenda with information for the next season Main Street hosts Movies in the Park. Chantel shared the poster for the fall series of Third Thursdays on Tybee, which begins September 18 with Chris Desa. Brenda commented that students with the Maritime Academy might do skits in the future. She will coordinate with Chantel regarding the announcement for submissions for next year as November nears. Chantel confirmed that the form was sent to local non-profit groups and civic organizations to participate in this year's Community Day on October 19. The dunk tank will be here again this year and the YMCA is splitting the cost with Main Street. Melissa confirmed that Ft. Pulaski will be participating. Monty is lining up the musicians for the day. Jim,Ted and John will coordinate for the food, condiments and grill. Vicki has updated the flyer, which is posted on the FB page and in the lobby already. The Promotions Committee will be meeting soon to review Tybee for the Holidays and Brenda will report an update at the next board meeting. OTHER BUSINESS Directors discussed the new public safety building with Wanda. ADJOURN The meeting adjourned at 6:40pm. 20141009CityCouncilPacket Page 208 of 210 20141002/jrl 8-28-2014 Public Safety Committee Minutes Present City Council— Wanda Doyle, Monty Parks, Bill Garbett City manager Diane Schleicher Approval of 7-10-2014 Minutes —Unanimous Old Business: 1 -Update on the request of Signage at Cross-Over's for Designated Surfing Area — South of the Pier to 19th Street Put "Board Sports Allowed "Signs at designated locations on Crossovers at 16th, 17th, 18th and 19th Streets. 2 - Update on intersection improvements at 11th and Lovell Avenue. Relocated Electric Pole Relocated Storm Drain, Widened Road Shoulder, Relocated Street Marker Project Completed, Mike Hosti giving truck drivers handouts Monty Parks — The turn at 11th Street and Lovell Avenue has reduced truck traffic on Jones Avenue. 3- Update and review of TIPD policy for lapel cameras: Chief Bryson— Retention schedule given to City Attorney for review Major Moseley— Transfer data to DVD after 2-3 years 4 —Update on Public Safety Building A. Review Construction Status and Timeline Old Building will be torn down today, additional asbestos found under flooring approximately $3,000.00 price increase for removal a. Removal of garbage in drainage site Will be removed within 3 weeks, within timeline b. Review parking lot light options Lease 3 Cobra Head Lights at $1,400.00 per month + $2,000.00 set up fee; these can be switched out later on. 4 —Walkthrough of Building Site 20141009CityCouncilPacket Page 209 of 210 20141002/jrl New Business RS&H Proposal— Tybee Traffic Calming and Pedestrian Access Scope and Cost Estimate: Reviewed by Infrastructure Committee, will go to Bicycle Friendly Committee next 2 —Review strategies for educating the public regarding the dangers of the South End sand bar and potential for drowning- Including moveable education signage. Chief Sasser—Explained Moveable Signage 3 —Review letter from resident regarding proposed improvements to the intersection at Campbell and Highway 80. City Manager will ask GDOT to do traffic study 4 —Review which TIPD vehicles have dash cameras and the cost Chief Bryson— 8 do not have cameras 1 VW has camera, 1 VW does not have camera The dash cameras are reusable The cost is approximately $5,000.00 each 20141009CityCouncilPacket Page 210 of 210 20141002/jr1