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HomeMy Public PortalAbout20141023CityCouncilPacket Table of Contents 000_000_20l41023Agenda 1 050_018_20141009K4inute» 3 050_020_20141016K4inutes 8 U7O_UlU_Tybee Island GISvvebsite 9 080_0l0_Ash|eyVVorkman 11 U9U_Ol0_K Patel-wedding with hooe_C[AR 15 I0O_UIU_Agenda Request for 2Ol4 Public Safety Building Change Order#3 Additional Asbestos Removal 22 I00_0II_[OR#3-Asbestos 23 100_012_GMP 10.16.14 Tybee Public Safety Building 26 CM-GC Pr j Budget 26 100_020_Agenda Request for 2014 North Beach Dune Maintenance Project 28 l0O_021_North Beach Dune Oct 9 2014 viewing north or west 29 100_022_North Beach Dune Oct 9 2014 viewing south or east 30 100_023_North Beach Dune Maintenance [ostto[onstructEstimate_Tybee_I50ct14 31 100_030_Agenda Request for 2014 Derelict Structure Removal 32 100_031_Derelect Structure Removal Costs and Background 33 100_032_Derelect Structures Removal Cost Estimate 70 100_033_Derelict Structures 3 April 10th 2013 north of North Beach jetty 1 71 I00_034_Dere|ict Structures -1 April 10th 2013 at poles north of 2nd St 2 72 I30_0I0_3econd Reading Ord. 5S-A'20l4' Art. 2definitions 73 Untit|ed_20l41016_l320l8_00l 73 Untit|ed_201410I6_132018_002 91 Untit|ed_201410I6_132818_003 105 130_020_Second Reading Ord. 54-2014, Sec. 3-070 electric meter 108 140_030_Tybee Island Disaster Recovery Ordinance 118 I50_018_STVVPUpdate_1I.06.20I3 136 150_020_Action Item List October 2014 145 Sheetl 147 150_021_Manager's Report Update on 2014 Goals 146 Sheet2 147 AGENDA REGULAR MEETING OF THE TYBEE ISLAND CITY COUNCIL OCTOBER 23, 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: Rev. Hank Perry, Trinity Chapel United Methodist Church Pledge of Allegiance IV. Recognitions and Proclamations V. Consideration of the approval of the minutes of the regular meetings of the Tybee Island City Council 1 Minutes, City Council Meeting, October 9, 2014 2 Minutes, City Council Workshop, October 16, 2014 VI. Consideration of Boards, Commissions and Committee Appointments 1 Community Resources Council Reappointment a) Freda Rutherford b) Bud Matlock VII. Reports of Staff, Boards, Standing Committees and/or Invited Guest Limit reports to 10 minutes. 1 Overview by Mr. Hunter Key, Coastal Regional Commission GIS Manager of the Tybee Island GIS website now available for citizen access VIII. *Citizens to Be Heard: Please limit comments to 3 minutes. Maximum Allowable time is 5 minutes. 1 Ashley Workman, Single Use Plastic Bag Ordinance Proposal IX. Consideration Local Requests &Applications-Funding, Special Events, Alcohol License 1 Special Event Consideration: K. Patel/Wedding: Tybee Island Wedding Chapel at 10:00AM X. Consideration of Bids, Contracts, Agreements and Expenditures 1 Public Safety Building: Change Order #3 — Removal of additional asbestos from old police building. Budget Line Item: 320-3210-54-1310 (Capital — Police Building) 2008 SPLOST. Cost $4,538. 2 North Beach Dune Maintenance Project — Estimated Cost $500,000. Beach Task Force recommended pursuing project once funding is identified. 3 Derelict Structures Removal Project— Estimated cost $1,700,000 to $1,900,000. Beach Task Force recommended pursuing project once funding is identified. XI. Consideration of Approval of Consent Agenda 20141023CityCouncilPacket Page 1 of 147 20141017/jrl XII. Public Hearings XIII. Consideration of Ordinances, Resolutions 1 Second Reading, 55A-2014, Article 2, Definitions 2 Second Reading, 54-2014, Section 3-070, Permissible Structures per Lot; Accessory Structures; City of Tybee Island, petitioner; consideration of electrical meter standards XIV. Council, Officials and City Attorney Considerations & Comments 1 Jason Buelterman a) Use of Unanticipated Hotel/Motel Funds 2 Monty Parks a) Proposed Tybee Island Swimming Pool 3 Paul Wolff a) Proposed Disaster Recovery Ordinance 4 Wanda Doyle a) Establish a new Grievance Policy for employees b) Class and Comp Plan c) Update on Public Safety Building XV. City Managers Report 1 Short Term Work Program 2 Action Item List XVI. Minutes of Boards and Committees XVII. Executive Session 1 Discuss litigation, personnel, and real estate acquisition XVIII. Possible vote on litigation, personnel and real estate acquisition discussed in executive session. XIX. 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.cityoftybee.org. I 81 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." 20141023CityCouncilPacket Page 2 of 147 20141017/jrl City Council Minutes 20141009 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on October 9, 2014. Those present were Paul Wolff, Monty Parks, Rob Callahan, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney; Dianne Otto, Manager, Planning and Zoning Department; and Janet LeViner, Clerk of Council. Mayor pro tern Doyle was excused. Mayor Buelterman listed the following items on the consent agenda: • City Council Minutes, September 18, 2014 • Patti Smith, Beach Task Force Appointment • Private Parking Lot — Commercial District: Tybee RE Operating Company, LLC dba Ocean Plaza Beach Resort— Private parking (new holding company) 1401 Strand • 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 • 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 • Special Event Consideration; Tybee Island Pirate Fest (October 10-12); 16th Street parking lot w/beach area & Tybrisa / Strand Roundabout — Amendment to include Friday night (10/10) fireworks from the Walter W. Parker Pier & Pavilion • 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. Ms. Otto explained that this is Phase 1 and the funds have been allocated in the budget. • Mass Notification System Usage Policy. Ms. Schleicher stated that the responsibility will now fall with the 911 Call Center during after-hours. • By-laws, Development Authority/Main Street Program. 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: Jan LeViner, Clerk • Pledge of Allegiance Paul Wolff made a motion to approve the consent agenda. Bill Garbett seconded. Vote was unanimous, 5-0. Public Hearings 20141023CityCouncilPacket Page 3 of 147 20141017/jrl Text Amendment, 54-2014, Sec 3-070, Permissible Structures per Lot; Accessory Structures. City of Tybee Island, petitioner; consideration of electrical meter standards. Ms. Otto approached mayor and council to answer any questions. She stated that this is a text amendment to Section 3-070 and in their packet is comparable language from Chatham County. Due to the City receiving services from Chatham County for inspections and construction, it is a good practice to be consistent between the two jurisdictions. Ms. Otto stated that the language before mayor and council tonight reads: "single family residential lots shall be limited to one electrical meter" to include language from the Planning Commission: "the one electric meter standard shall not apply to solar power". Mr. Wolff thanked Ms. Otto for adding the language regarding solar meter. Frank Kelly, 1706 Inlet Avenue, approached mayor and council asking for clarification as to why the rule is being implemented. Ms. Otto explained that this change applies to residential only and not commercial property. Mayor Buelterman asked Ms. Otto for clarification. Ms. Otto stated that the ordinance before mayor and council applies to single family residential lots and not application of this particular restriction to commercial property. Mayor Buelterman then asked what would be the rule for commercial. Ms. Otto responded that commercial is reviewed by Gregory Anderson, Chatham County, as the City of Tybee does not do commercial plan review. There was a brief discussion regarding the electrical meter requirements for the Beach View property as Mr. Kelly feels there is miscommunication in the process. Ms. Schleicher confirmed that the proposed ordinance before mayor and council is for residential only and not commercial. She suggested that the City contact Chatham County for a letter of clarification for Mr. Kelly. Mayor Buelterman responded that he is willing to contact the County on Mr. Kelly's behalf if his concerns are not addressed. Mr. Kelly thanked mayor and council. Mr. Wolff clarified that the proposed ordinance only applies to new construction as everything that is already in place will be grandfathered. Ms. Otto confirmed. Paul Wolff made a motion to approve. Bill Garbett seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, and Bill Garbett. Voting against was Barry Brown. Motion carried 4-1. Text Amendment, 55-2014, Article 2, Definitions. City of Tybee Island petitioner; consideration of definitions. Ms. Otto approached mayor and council stating Planning Commission heard this request and the vote was to approve, 6-0 with modifications. This ordinance is broken down to definitions to be added, to amend, and those to strike dependent on the proposed tree ordinance before mayor and council this evening. Mr. Wolff asked Ms. Otto to explain the removal of sections pertaining to tree removal being struck. Ms. Otto responded that the proposed tree ordinance has its own section of definitions. Paul Wolff made a motion to approve. Bill Garbett seconded. Discussion: Mr. Parks asked Ms. Otto if the definition of hardship replaces the word variance. Ms. Otto responded no. Mr. Hughes responded that the definition of hardship is consistent with what the requirements for a variance are, that is the property cannot be feasibly developed in strict conformity to the ordinance. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan and Bill Garbett. Voting against was Barry Brown. Motion carried 4-1. 20141023CityCouncilPacket Page 4 of 147 20141017/jrl Consideration of Ordinances, Resolutions Second Reading, 26B-2014; Municipal Code Sect 54-6, Road Warranty; City of Tybee Island, petitioner; consideration of requirements for street work. Paul Wolff made a motion to approve. Monty Parks seconded. Vote was unanimous, 5-0. Second Reading, 42-2014; Article 16, Stormwater Management; City of Tybee Island, petitioner; consideration of regulations for Stormwater. Paul Wolff made a motion to approve. Rob Callahan seconded. Vote was unanimous, 5-0. Second Reading, 52A-2014; Article 7, Tree Ordinance; City of Tybee Island, petitioner; consideration of requirements of trees. Mayor Buelterman stated that he has a host of questions and concerns. Mr. Parks stated that his concerns are as follows: (1) the Tree Board is important and should be a council commission much like the Infrastructure or Public Safety Committees as a group of volunteers might not carry the same concern or weight; $300 sounds appropriate, it is too expensive for a mitigation fee; not comfortable with the charts detailing the type of trees; pines should not be on the significant tree list; sweet gums are listed as both a significant and evasive trees; and there seems to be a lot of ordinance for what the City is looking for. He does agree with the intent. Mayor Buelterman asked Ms. Otto what would trigger a land disturbing permit. Planting? Ms. Otto responded, planting, no. She stated that land disturbance would involve digging of footings, bush hogging, cutting down a dead tree, etc. Mayor Buelterman asked Ms. Otto the fee associated for a resident to obtain approval for a new tree canopy. Ms. Otto responded that only if the residents are not meeting the tree canopy and wanted to make a payment to the Palms Up Fund, additional costs would be applied. The permit fee is $50.00. Mayor Buelterman stated that due to all of his concerns, not so much questions, he would not recommend adding this layer of bureaucracy and regulations as he does not see a problem that mayor and council are trying to solve. He also expressed his concerns regarding trees dying during construction. Barry Brown made a motion to deny. Motion died for lack of second. Bill Garbett made a motion to approve as modified by Mr. Wolff statement to include palms in the small tree category and add cost effective alternative language. Paul Wolff seconded. Discussion: Mr. Brown asked Ms. Otto whose responsibility it is to enforce the portion of the ordinance regarding the survival of a tree for two years. She responded that if would be the responsibility of the Planning and Zoning staff as stated in the current ordinance. Mr. Garbett recommended that the first order of action of the proposed Tree Board would be to review the proposed ordinance in its entirety as there is opportunity to change species of trees which are desirable or less desirable. Mayor Buelterman suggested that it might be a better idea to have the proposed Tree Board meeting prior to approval of this ordinance as they could bring their suggestions and recommendations to mayor and council at a future meeting. At that time the proposed ordinance would be presented to mayor and council for approval. Mr. Wolff thanked Mr. Schleicher for all his hard work. Mr. Parks confirmed that this is the final reading and would ask that the Tree Board be formed now. This Board would consist of three city officials and two residents have them convene and review and come back for final reading. Mayor Buelterman commented that it is 20141023CityCouncilPacket Page 5 of 147 20141017/jrl his recommendation as well. Mr. Hughes stated that if that was done, there would have to be another public hearing. Mr. Wolff asked which city officials that will sit on the Board. Mr. Parks volunteered to sit on the Board. Mr. Wolff stated that it is his opinion that the Tree Board be formed after approval of the proposed ordinance; they review and bring back to mayor and council if they feel changes need to be incorporated. Voting in favor were Paul Wolff and Bill Garbett. Voting against were Monty Parks, Rob Callahan and Barry Brown. Motion failed 2-3. Monty Parks made a motion to table the proposed ordinance; convene a group to come back in 60 days with recommendations; and advertise to get citizens involved. Paul Wolff seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan and Bill Garbett. Voting against was Barry Brown. Motion carried 4-1. 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. Mayor Buelterman asked Ms. Otto the time limit on Mr. Hosti installing the buffers. Ms. Otto stated that she has had no conversations with Mr. Hosti since the city council meeting on September 18, 2014. She explained that the version that is included in the packet before them was slightly altered regarding subsection 2. The PIN numbers that had been in the prior ordinance are no longer in use due to the lots where the current store and parking lot are and were re-combined as part of the site development. The version that if approved the mayor will be signing only has the PIN number for the store and parking lot combined property and the PIN number for the vacant lot that we are considering. Also, in Sec (7) (a), mayor and council's version does not include employee parking. The version that staff would prefer mayor and council to be voting on this evening does allow employee parking on the vacant lot. Barry Brown recused himself. Paul Wolff made a motion to approve with the condition that the 8' privacy fence be installed within 90 days of the date of approval. Monty Parks seconded. Discussion: Mayor Buelterman asked Ms. Otto if there was anything else that is in the buffer with the exception of the fence. Ms. Otto responded yes, vegetation. Mr. Wolff amended his motion to approve with the buffer which includes an 8' privacy fence be completed within 90 days. Mr. Parks seconded the amended motion. Discussion: Mr. Garbett expressed his objections as mayor and council are giving an individual permission to park junk trailers on the property and denying him the ability to build an adequate storage building. Mayor Buelterman responded that mayor and council did not want an expansion of the commercial use and set precedence. Mr. Wolff commented that this is something Mr. Hosti has been doing for over five years and a building would be a further intrusion into a residential neighborhood for a commercial use. Voting in favor were Paul Wolff and Monty Parks. Voting against were Rob Callahan and Bill Garbett. Mayor Buelterman voting in favor. Motion carried 3-2. Council, Officials and City Attorney Considerations & Comments CPR/AED Employee Training Policy Revised. Mayor Buelterman stated that this will be brought back before mayor and council as Ms. Schleicher met with staff for their 20141023CityCouncilPacket Page 6 of 147 20141017/jrl recommendations. She will revise the policy and bring back at the October 23rd 2014 city council meeting. No action taken. Paul Wolff made a motion to adjourn. Rob Callahan seconded. Vote was unanimous, 5-0. Meeting adjourned at 7:45PM Janet LeViner, Clerk of Council 20141023CityCouncilPacket Page 7 of 147 20141017/jrl City Council Minutes 20141016 Consideration of Items for Consent Agenda Mayor Buelterman called the workshop to order at 4:00PM on October 16, 2014. Those present were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney; and Janet LeViner, Clerk of Council. Architectural Interviews • Dawson Architects North Beach Restroom • Barnard Architects North Beach Restroom • Greenline Architects North Beach Restroom • Barnard Architects City Hall Assessment • Greenline Architects City Hall Assessment For discussion only. No action taken. Out-of-State Travel Wanda Doyle and Monty Parks - Pool at Sun City. Paul Wolff made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. Economic Stabilization Fund. For discussion only. No action taken. Beach Management Plan. Withdrawn Update on Accounting and Posting Issues. For discussion only. No action taken. Paul Wolff made a motion to adjourn. Rob Callahan seconded. Vote was unanimous, 6-0. Meeting adjourned at 6:30PM. Janet LeViner, Clerk of Council 20141023CityCouncilPacket Page 8 of 147 20141017/jrl MAYOR 4,44A. MANAGER Jason Buelterman y " Diane Schleicher c S 41.-.r.�". ". CITY COUNCIL 1 f CITY CLERK Wanda Doyle,Mayor Pro Tern � Janet LeViner Barry Brown r '1.'/7 Rob Callahan " CITY ATTORNEY Bill Garbett Py�, Edward M.Hughes Monty Parks N7 woes' �� 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 23, 2014 Item: Presentation by Invited Guest Explanation: Overview by Mr. Hunter Key, Coastal Regional Commission GIS Manager, of the Tybee Island GIS website now available for citizen access Budget Line Item Number(if applicable): N/A Paper Work: Attached* J 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 16, 2014 * * * P.O.Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified* (866) 786-4573—FAX(866) 786-5737 , City of 1 Ethics if www.cityoftybee.org ss g L��y 20141023CityCouncilPacket Page 9 of 147 20141017/jrl CRC GIS Division Completes Overhaul of Tybee Island GIS Website By: Hunter Key, GIS Manager The Coastal Regional Commission GIS division recently completed an overhaul of the Tybee Island GIS website. This site was designed to provide staff and citizens information both in the field and from offices, as well as provide security for specific work flows such as utilities. The website represents a culmination of a GIS strategy this past year that aimed to overhaul infrastructure platform and software to provide communities with GIS capabilities both in the office and in the field. A thumbnail icon of the gallery maps can be found at htto://www.crc.ga.gov/departments/planning/GIS.html or by visiting the Coastal Regional Commission website and selecting the Geographic Information Services hyperlink on the home page. The component style web design provides the City of Tybee Island opportunities to expand or contract web maps as projects arise. With a "most popular" section, short-term informational maps can be utilized such as special event maps that feature the most popular map listed at the top of the search. A section for public works was created to provide security on workflows such as field storm water inspections. We invite you to take a moment and explore the site and see how Tybee Island has leveraged GIS through cloud services. In addition to providing web access to viewing and editing their city's data, back up and disaster resilience planning is provided with multi-tier redundancy and a mutual aid agreement with the Middle Georgia Regional Commission hosts a complete backup of the GIS system. This overhaul project of not just the Tybee Island website, but the database and software this past year now provides communities the opportunity of a scalable GIS. Organizations might need a temporary project investment app such as housing inventory app for a Georgia Initiative for Community Housing process, a fire hydrant collection or inspection app, or a citizen service request app to report non-emergency incidents in the community. The new Regional Commission Cloud GIS provides easily deployed solutions to aid local governments' missions. To see how this could benefit your county or city or for a demo, please contact Hunter Key at 912-437-0876 or hkev @crc.ga.gov. .- - .- I I I.am..ady,p. — _ C R map;.urge god _. 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Aaad m:n.. all typo,. illiNIMIMMailiiii.110111 ^!!!CR".:1�Pa I'.+�... 1611;1 web ix—, I 0 _ ..41 1 -_ Ry:Tpb..l,Nnt CRC Ir.Tyba Island.CRC ey:C.A TtNR TTb..Inland CRC en:T,b..Inland,CRC Sy:inborn Ir.sd CK Ins cnffR use If....fowl law Aprgadon tawm and Soli. Storm Swope fo rrhee 01r4 v:,t 5.o pa as Trbn[stand In dm Tyne*(rand Pubkk Wrr Edam. br Me Trbae blood Pain Wwkt Was we plus Fr Um Tito.lard GerW u@Rxmp ESRI NK.anon Arent of a lMnfnne flu mutt in appwnd Rr the Trine -0ef..lm.rt S.atd.we.Ad4ar aeaeab k a n.p.Iat.lr..TIM Storm SR,.is Wand PnrAC MOM DKYMrlrt Id pots adtrar... dMlvad from inn... a[Ien tM Rana._ iIIIIIIIIIIIIIIIIIIMIIMMII p g4 �*44i A - 20141023CityCouncilPacket July—Sept KIO/01a I Page 5 20141017/0 MAYOR CITY MANAGER Jason Buelterman �,. `� Diane Schleicher CITY COUNCIL CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Jan Fox 44/ f CITY ATTORNEY Bill Garbett ' / Edward M. Hughes Tom Groover ► I Paul Wolff CITY OF TYBEE ISLAND City Council Age Agelail Item Request Agenda Item Requests must be submitted to the Clerk of Council by 5:00PM the Thursday prior to the 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: ' e ii c- Item: 35elle Use- -17(a c triskie. Ord- r4 FVe-OPO 5GLA r e Explanation: P p VI O u nom. Budget Line Item Number(if applicable): Paper Work: Z,Attached* Already Distributed vz To Be Handed Out at Council Meeting(by Requester) Audio/Video Presentation* ** Audio/video presentation must be submitted to the IT department at City Hall By 5:00PM the Thursday prior to the next scheduled City Council Meeting NOTE: Request will be postponed if necessary information is not provided. Submitted by e x ��? ;*_ ___ \I\ _ §f— d. _? i Phone/Email: z °' i° Comments: 10/9 / Date given to Clerk of Council * * * P.O.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified* (866)786-4573—FAX(866)786-5737 City of www.cityoftybee.org , 8 20141023CityCouncilPacket Page 11 of 147 20141017/jrl CITY OF TYBEE ISLAND SECTION 1. City of Tybee Island hereby finds as follows: A. As a coastal city, Tybee Island has a strong interest in protecting the marine environment an element which contributes to the unique quality of life in the City; B. Plastic and paper bags each have negative impacts on the environment. It is well known that paper bags require more energy to manufacture and recycle and generate effluent during these processes. It is also known that paper bags are bulkier and heavier than plastic bags. C. However a primary and significant problem with plastic bags is that they do not biodegrade and are extremely light and easily caught in the wind. In a coastal city like Tybee Island even plastic bags which are properly discarded can find their way into the marine environment where they do not break down and essentially remain indefinitely. D. Because there is a strong possibility that plastic bags discarded on Tybee Island can end up in the ocean where they will last indefinitely and create an aesthetic blight and potential hazard to marine life (and paper bags will not do so because they biodegrade and are less likely to be blown out to sea) it is in the best interests of the public health, safety and welfare to adopt the proposed ban on distribution of plastic bags at point of sale within the boundaries of the City of Tybee Island. E. Due to Tybee Island's tourism, increased distribution of single use plastic bags occurs to meet the needs of locals and visitors. F. Tybee island is surrounded by water therefore a much greater risk of single use plastic making it's way into the ecosystem. G. Single-use carryout bags provided by retail establishments impose unseen costs on consumers, local governments,the state and taxpayers and constitute a public nuisance H. The manufacture and distribution of single-use carryout bags requires utilization of natural resources and results in the generation of greenhouse gas emissions. I. The use of single-use carryout bags by consumers at retail/restaurants is detrimental to the environment, public health and welfare. (a). Definitions: For purposes of this chapter,the following terms shall have the following meanings: "Affected Retail Establishment" means any retail establishment located within or doing business within the geographical limits of the City of Tybee Island. "City Sponsored Event" means any event organized or sponsored by the City of Tybee Island or any Department of the City of Tybee Island. "Customer"means any person obtaining goods from an Affected Retail Establishment, Vendor or Non-Profit Vendor. "Grocery Store"means any dealer in staple foodstuffs, meats, produce and dairy products and usual household supplies. "Non-Profit Vendor"means a recognized tax exempt organization which provides goods as a part 20141023ouyoounonpuoxot Page 12 of 147 20141017U,1 of its services. "Person"means any natural person,firm, corporation, partnership or other organization or group however organized. "Pharmacy"means a retail use where the profession of pharmacy by a pharmacist licensed by the State of Georgia in accordance with the Business and Professions Code is practiced and where prescription medications are offered for sale. "Plastic Carry-Out Bag"or"Plastic Bag" means any bag made from plastic (including compostable and biodegradeable plastic), excluding reusable bags, provided by an Affected Retail Establishment, Vendor or Non-Profit Vendor to a customer at the point of sale for the purpose of carrying away goods. "Recyclable"means material that can be sorted,cleansed, and reconstituted using Tybee Island's available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, converting, or otherwise thermally destroying solid waste. "Recyclable Paper Bag" means a paper bag that meets all of the following requirements: (1) oontminonon|dgruwthUber; (2) io100%recyu|ab|eovenaUandoontainoaminimumof40%post- consumer recycled content;and (3) displays the words"Reusable"and"Recyclable" in a highly visible manner on the outside of the bag. "Retail Establishment" means any commercial business facility that sells goods directly to the u|dmak*conoumerinc|udingbutnot|imitmdtognouerye0onea. pharmaciea, |iquorotorou. ''mini' marts.^ondrebu| storemendwandomoeUingdothing. hoodmndpermona| hemu. "Reusable Bag" means a bag with handles that is specifically designed and manufactured for multiple reuse and is either: (1) made of cloth or other machine washable fabric; or(2) made of other durable material suitable for reuse. "Vendor" means any store, shop, restaurant,sales outlet or other commercial establishment located within or doing business within the City of Tybee Island,which provides perishable or nonperishable goods. (b). Plastic Carry-Out Bags Prohibited A. No Affected Retail Establishment, Restaurant, Vendor or Non-Profit Vendor shall provide Plastic Carry-Out Bags to customers at the point of sale. Reusable Bags and Recyclable Paper Bags are allowed alternatives. B. Nothing in this section shall be read to preclude Affected Retail Eatab|iohmmnha, Routaurmnta, Vendors and Non-Profit Vendors from making Recyclable Paper Bags available to customers. C. Affected Retail Establishments are strongly encouraged to provide incentives for the use of Reusable Bags through education and through credits or rebates for customers that use Reusable Bags at the point of sale for the purpose of carrying away goods. D. No person shall distribute Plastic Carry-Out Bags at any City facility or any event held on City property. E. This Chapter shall apply only to Plastic Carry-Out Bags provided at the point of sale for the purpose of carr ing away goods. This Chapter shall not apply to single-use plastic produce bags distributed in a grocery store exclusively for the purpose of transporting produce to the point of sale. 20141023o|tyoounonpuoxot Page 13 of 147 20141017U1 (c). Exemption. The City Manager, or his or her designee, may exempt an Affected Retail Establishment, Vendor or Non-Profit Vendor from the requirements of this Chapter for a period of up to an additional 6 months after the operative date of this Ordinance, upon sufficient showing by the applicant that the provisions of this Chapter would cause undue hardship. The phrase undue hardship includes: A. Situations where there are no acceptable alternatives to Plastic Carry-Out Bags for reasons which are unique to the Retail Establishment, Vendor or Non-Profit Vendor; B. Situations where compliance with the requirements of this Code would deprive a person of a legally protected right." SECTION 3. All other provisions of the Tybee Island Municipal Code shall remain unchanged and continue in full force and effect. SECTION 4.Any provisions of the Tybee Island Municipal Code, or appendices thanto, or any other ordinances of the City, to the extent that they are inconsistent with this ordinance, and no further, are hereby repealed. SECTION 5. If any section, subsection, uentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent juriad|ct|on, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence,clause, and phrase thereof, irrespective of the fac that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. SECTION 6. This Ordinance shall become operative as to: 1) Grocery Stores, Food Vendors, Restaurants, Pharmacies and City facilities six (6) months after its effective date; and 2) all remaining Affected Retail Eatob|inhmenta, Vendors and Non- Profit Vendors (6) months after its effective date. SECTION 7. The City Clerk shall cause this Ordinance or a summary thereof to be published and, if appropriate posted, as provided by law.Any summary shall be published and a certified copy of the full text of this Ordinance posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted.Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall cause a summary to be published with the names of those City Council members voting for and against this Ordinance and shall post in the Office of the City Clerk a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against the Ordinance. 20141023CityCouncilPacket Page 14 of 147 20141017/d MAYORri CITY MANAGER Jason Bueltermank Diane Schleicher CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tern + - Janet LeViner Barry Brown , Rob Callahan ' CITY ATTORNEY Bill Garbett }f. Edward M.Hughes Monty Parks pr�R4t [)llGip %�w 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: 10/23/14 Category: Special Event Consideration Item: K. PATEL/WEDDING: Tybee Island Wedding Chapel (d, 10am Organization: S. Jarrell _ Explanation: Budget Line Item Number (if applicable): Paper Work: X Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner(a7cityoftybee.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: Chantel Morton, Main Street Coordinator Phone/Email: 912-844-9771 /cmorton(cr�cityoftybee.org Comments: Date change was reviewed at 10/7 Department Head meeting and accepted. Date given to Clerk of Council 10/16/14 * * * P.O. Box 2749--403 Butler Avenue, Tybee Island, Georgia 31328-2749 *Certified* (866) 786-4573—FAX (866) 786-5737 , City of Ethics www.cityoftybee.org ����L 20141023CityCouncilPacket Page 15 of 147 2014TU17/jrl MAYOR €,Igo C Ti'( OF OFINE140140ER R Jason Buelterman , i F # , bane S�c�ileicher �_b r- CITY COUNCIL *A ,F e-, 1'' rpnN CITY CLERK Wanda Doyle,Mayor Pro Tern , "' E Janet LeViner Barry Brown , E eh7� Rob Callahan P'`A?E`-. k'=tIT'Y ATTORNEY Bill Garbett fy i %. Evert. •Edward M.Hughes Ln Monty Parks itioc TENDERED:. Paul Wolff APFLIFII: 5- n - � CITY OF TYBEE ISLAND --,--.----`°_- r = 11.r'ri SPECIAL EVENTS APPLICATION The City of Tybee Island recognizes that special events play a significant role in the life of the community. Special events enhance the community by providing recreation,cultural and educational opportunities to residents and tourists and they attribute to the economic health of the community. It is our goal to assist event organizers in planning safe and successful events that have a minimal impact in the areas surrounding the event. By keeping the public's best interest in mind, persons or organizations wishing to host a special event upon public property or private property requiring City Services,special permitting and/or vendors must first be granted approval from the City Council and/or the City Manager. The Special Event application shall be completed with all requested information completed and submitted for consideration at least sixty(60)days prior to event. Events with 75 or more people upon public property or private property requiring City Services,special permitting and/or vendor permits that are not for the non-profit organizer of the event require approval from the City of Tybee Island. No more than one event per day will be permitted due to limited infrastructure and city resources. In order to ensure a smooth review process for permission to have a Special Event,the applicant will receive direction from applicable City Departments, City Manager and Main Street Coordinator. Prior to the application being submitted for City Council consideration (if applicable),all concerns and details must be addressed, confirmed by the organizer and accepted by designated City Staff of impacted departments. Note: Applicant must meet with the Main Street Coordinator or his/her designee at time of submitting application. Additional meetings may be required. / Today's Date: /O/t, )ZCJ I t-I Application Fee Submitted: *A non-refundable Special Event application fee of$50 is required at time of application submittal for processing and consideration. Checks or money orders should be made payable to the City of Tybee Island. ISECTION 1: EVENT INFORMATION I I. Name of Event: kayo T 1 ( � ?. Date and time of event: O,,t'u.s+ 'b t z 0 t. Setup: Date/Time period 10:00 Om pro c e53 a J 4. Breakdown: Date/Time period ar r;ve Ci:OD ann O Y■e. ytorSe W'ki.1 r.av+t 4 a Cl.Yl.c+^^+'�'e-Y 3. Location(s): 11t �1,vol. t R 4 l�,1y. !3 -1-43 LAJ bye Ts/./-1.44 c.ro55 Gl 9 rD4em6t.s 4-v Ch4P4..l } r 3 t 3 2g A site plan of the event area drawn to scale and depicting all event structures is required at time of application submittal. A Letter of Permission (LOP)from Georgia Department of Natural Resources(http://coastalgadnr.org/sendemail) is required for events with beach usage and/or within the Shore Protection jurisdiction (i.e.beach side parking lot areas,etc.)fifteen(15)business days prior to the event. The event is subject to cancellation without an LOP as noted. 4. Organization: J d1-4 9 /fit r j — pi. VGA° Cain-V' fvirsdy-i . ❑Commercial? ❑ Non-profit/Tax Exempt?(Non Profit Status/GA Tax Exempt Certificate must be attached.) 5. Phone number and/or website for public event information: q 42-Sol- 5139 -Rfi V Weld cv G. If location and/or activities impact merchants and/or residents,written documentation is required as noted in Section 5. 7. Organizer/Applicant: '3 4-AC ✓�e C . SAs-rd-a � Address: P- 0 . OX tSr-I City: b .S t- c1 State: Zip: 3 132S Contact Phone: CI t Z ` 507-3 93 r Email: 54-121-C-vie C 60eait frovtif Cn4--1-a'3e-Cf7Y1't Organizer/Applicant listed above must be in attendance and readily available for the duration of the event. P.O.Box 2749-403 Butler Avenue,Tybee Island,Georgia 31328-2749 (912)472-5071-FAX(912)786-9539 www.eityoftybee.org 20141023CityCouncilPacket Page 16 of 147 20141017/jr1 SECTION 2: EVENT DETAILS 1. Is this event... ❑ Open to the public ! Private Invitation only 2. Describe the event and its goals: One C r u.Y+nrnu r LZ.d.S C. 'fl.Orw— L,...);44-. 9 rots wft C-r o ss r S 0 G t-1 — 14..a.e cuiw-4,4,6 i15\194 3. Estimated number of people to attend and what this is based on: 4, Is there an admission fee for attendees? 0 No ❑ Yes-Fee will be: A preliminary budget is due with application. (refer to Section 7: Financial) 5. Have you ever done this event before? If yes, list dates and locations: WO 6. Describe parking arrangements during event in detail: .pot AI 01A - al.t \l CA( ✓ P �S pO r 7J4* r) Please attach a drawing of parking plan. Organizer may be required to run a shuttle if a parking lot is closed for the event. 7. List event sponsors and marketing plan: Al 1 A S. List any additional contact person(s)and their phone numbers involved in the planning of this event. IA N x R t►r c7 A.Lats. — ► t lie GT-4) I L — 5 (=,—°I 4f-0 YA v,10i.dJ a neal ea Cal 3 rri, I- CCYV- g420 9. What plans exist for clean up and recycling?(Disposal of grease,trash,etc.) Lbat - -e ec b �► , d off . cio GA L Li .5 10. Please ist any entertainment, bands,emcees or onsite promoters attending this event. a rc,.OA MO Describe sound equipment: /•.) /A SECTION 3: REFERENCES J 1. Please list your previous special event and/or hosting organization's experience in producing events. e pdct.urt y e 2. Please list two(2) references excluding City Officials and Staff: a, Name: 4^r C.k-56u) Address: CG4 c -rbey- sk ,vtd, 6-4 3132$ Phone: 1Z- 42q " OS'l b, Name: �Q Ir`i . G r(4-t_-t, Address : 1 0 D le 2-Z bee 5132-8 Phone: q i Z-- 36/5- 50110 Page 2 of 8 City Council Approved:February 14,2013;updated September 2013 20141023CityCouncilPacket Page 17 of 147 20141017/jrl SECTION 4: OTHER REQUESTS (Check the boxes below and provide additional information if applicable.) 1. ❑ Vendors(Organizer must submit all Vendor Applications with payment no later than two(2]weeks prior to ki event. Chatham County Health Department must be contacted for approval of food vendors in accordance with their regulations.) 2. ❑ Department of Public Works(DPW)Request(s)(DPW approval required;staffing/equipment fees may apply) )4.11)' DPW Item Amount needed Total hours needed Traffic Cones Barricades Traffic Barrels Trash cans Recycling containers Port-a-lets Sweeper Vac Truck Fire ant treatment -. Dump Truck • Back-hoe List other services that are requested. Costs will be determined. S h, ((' k no 2- t) c _ 1 ►: . Lk- ��� ; , A ()) r� . ' l l CLvo. Th r , -5 S I o iJ 3. ❑ Street Closures(Tybee Island Police DepartmeekTT1POI approval required.) a. List requested streets: A-)1 A 4. ❑ Special parking/parking pass request(s)(Parking Service Division approval required.) a. Please describe: J`!)A 5. ❑ Commercial truck parking a. Please describe: 6. ❑ Police Detail (TIPD approval required;staffing/equipment fees may apply) /� a. Please describe: oL l' /J.laf r�.cG/ / a . - /l a-h.- (If off duty police officers are hired,or_`. Kizer is respons' for contracting directly with the individuals]and paying fees direct as agreed upon.) 7. ❑ Alcoholic Beverages(License Application should be submitted to the Administrative Assistant to the City Manager. Approval is required by City then State.) /0!t) S. ❑ Fire Detail/Inspection(staffing/equipment fees may apply) a. Please describe: Ai 6A (If off duty fire department staff/volunteers are hired,organizer is responsible for contracting directly with the individual(s)and paying fees direct as agreed upon.) 9. ❑ Fireworks(TIFD,Chatham County and U.S. Coast Guard notification/approval required. Special application from Applicant due to USCG at least 135 days prior.) /.J/)t 10. ❑ Additional Security a. Please describe: LA) 424 t ...)/.`Ctsa , ru- Qrn. - 11. ❑ Petting Zoo ,r //// (/ a. Please describe: 1� A Page 3 of 8 City Council Approved:February 14,2013;updated September 2013 20141023CityCouncilPacket Page 18 of 147 20141017/jrl SECTION 4: OTHER REQUESTS(CON'T.) (Check the boxes below and provide additional information if applicable.) 12. ❑ Parade/Procession(TIPD approval required;staffing/equipment fees may apply) a. List requested parade staging area and route: pr06,055:6,—) Ova+ P Ll4 k p � v (Q( 6 YK d famingr ioUr ■ (9ZE- hovi5e, (*Parades are required to start on Saturdays no ter than 3:00pm with the exception of the eBBBeea Bum Parade. Participants must adhere to safety guidelines.) 13. ❑ Amusement Rides(Insurance from providing company is required no later than two[2]weeks prior to event.) 14. ❑ Temporary Structure(i.e. tents, booths,stage,etc.) ' a. Please describe: 'A (Application for permitting of structures exceeding 10'x 10',stages, booths and the like are required through the Planning& Zoning Department. Completed application with required documentation must be submitted no later than thirty[301 days prior to the event.Structures are not permitted without approval from the Planning&Zoning Department. Fees apply.) 15. ❑ Electrical needs(fees may apply) a. Please describe: IJJ,k 16. El Filming�equest(Permit application should be filed with Facilities Coordinator. Approval is required.) 17. ❑ Banner request(Permit application should be filed with Facilities Coordinator. Approval is required.) 18. ❑ City Facility request(Permit application should be filed with Facilities Coordinator. Approval is required.)}The Walter W. Parker Pier and Pavilion is managed by Chatham County Parks& Recreation. Reservations for use of this facility must go through their office. ij/p, SECTION 5: ADDITIONAL REQUIREMENTS A non-refundable Special Events application fee is required at time of application submittal. The application will not be processed without the application fee of$50.00. Checks should be made payable to the City of Tybee Island. If the applying organization is tax exempt,a GA Tax Exempt Certificate must be submitted with the application. The Organizer/Applicant is responsible to notify merchants and/or residents impacted by the proposed event location(s) and activities. Organizer/Applicant must provide written documentation confirming notification and acceptance of merchants and/or residents prior to the event application being submitted for City Council approval. Insurance,as indicated below, is required at least two(2)weeks prior to the Event. Failure to provide insurance will result in the cancellation of event. PRIVATE PROPERTY PUBLIC PROPERTY Organizer is responsible to obtain PRIVATE necessary insurance as deemed Signed Indemnification INVITATION appropriate by the property owner. Agreement required. Signed Indemnification Agreement Signed Indemnification Agreement required. required and a Organizer is responsible to obtain necessary insurance as deemed $1 million certificate of insurance,with the OPEN TO appropriate by property owner. City of Tybee Island listed as additional insured and THE PUBLIC *If use of the Walter W.Parker Pier and Pavilion is part certificate holder. of the event,a$1 million certificate of insurance,with * If use of the Walter W. Parker Pier and Pavilion is Chatham County Parks&Recreation listed as an part of the event,a$1 million certificate of insurance, additional insured and certificate holder is required. with Chatham County Parks& Recreation listed as an additional insured and certificate holder is required. The application will go through the review process again if substantial changes are made or additional needs are requested. Additional application fees will result with additional meetings. Page 4 of 8 City Council Approved:February 14,2013;updated September 2013 20141023CityCouncilPacket Page 19 of 147 20141017/jrl SECTION 6: INDEMIFICATION AGREEMENT AND ACCEPTANCE TO ADHERE TO APPLICATION REQUIREMENTS I,individually and as the Agent representing the Event Organization,do hereby agree to indemnify and hold harmless the City of Tybee island,Georgia,its officers,agents,employees and contractors from and against any and all loss,damage,claim,demand, liability or expense by reason of any damage or injury to property or person which may be claimed to have arisen as a result of or in connection with the occupancy or use of listed event premises during the time period of said event. Such obligation to indemnify and hold harmless shall continue notwithstanding any negligence or comparative negligence on the part of the City relating to such loss or damage,except for loss or damage arising from the sole negligence or willful misconduct or gross negligence of the city,and shall include all costs,expenses and liabilities incurred by the City in connection with any such claim, suit,action or cause of action,including the investigation thereof and the defense of any action or proceeding brought thereon and any other judgment or decree which may be entered in any such action or proceeding or as a result thereof. These provisions shall survive the expiration or earlier termination of the use of premises. Nothing in this Agreement shall be construed to affect in any way the City's rights, privileges,and immunities as set�forth`inn Georgia Statutes and/or the Constitution of the State of Georgia. Organizer/Applicant's Signature: (L�JZA/1,L.(.( Date: / (`)/14, II v INTERNAL USE BELOW. Staff signatures for City Departments listed below indicate the event application has been reviewed and department needs are accepted as requested. All signatures are required prior to application being submitted for City Council consideration. Event application review with organizer and staff with impacted department(s): 1 V1 I 14 C-2-11 ow up meeting )as noted: f � I l �j f, f�•-, d /0 . /c,,. I 'dam , vi /0,111/4 Ci anager and/or Designee Date Director and/or Designee Date ' Q�13- — ,1i � Z � /U�//6,// Planning&Zoning Mana d/or Designee Date 4Finanw.m_ce r Se ,/: ent Supervisor and/or Designee 'Date / l �-�. —/1 /o, If it / ifs' % /0r�� ,' Chief Police and/or Desi ee / Date Campgroun: Manager and/or Designee Date ('-7./1 Xr2 /G;/f y (r) i Rr I rt, Chief of Fire Depa ` ent and/or Designee to Department of Public Works Director and/or Designee Date COMMENTS: DATE APPROVED BY CITY COUNCIL: ADMINISTRATIVE APPROVAL(as applicable): Main Street Coordinator: Date: City Manager: Date: Page 5 of 8 City Council Approved:February 14,2013;updated September 2013 20141023CityCouncilPacket Page 20 of 147 20141017/jrl Sec. 10-6. - Horses. It shall be unlawful for any person to have or keep any horse or pony or to ride or drive any horse or pony at any place within the city except in connection in with a special event approved by the mayor and council; however, amusement ponies used in connection with birthday parties and similar events for periods not exceeding four hours shall be allowable so long as not conducted on a regular basis. (Ord. of 7-12-2007; Ord. of 8-9-2007(1)) 20141023CityCouncilPacket Page 21 of 147 20141017/jrl 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: 10.23.14 Item: Public Safety Building: Change Order#3: $4,538 —Removal of additional asbestos from old police building Budget Line Item Number: 320-3210-54-1310 (Capital—Police Building) 2008 SPLOST Paper Work: _X Attached* Audio/Video Presentation** Submitted by: Diane D. Schleicher Phone/Email: dsch @cityoftybee.org Comments: Date given to Clerk of Council 10.16.14 20141023CityCouncilPacket Page 22 of 147 20141017/jrl Change Order Request(COR) ELKINS Attention: PROJECT: City of Tybee Island Public Safely Building Diane Schleicher COR#: 3 City of Tybee Island SUBMITTED DATE: 10/15/2014 403 Butler Avenue (To prevent possible delays and/or additional costs) DUE DATE: 10/24/2014 Tybee Island,GA 31328 This information is valid for ten 0)calendar days from the date above. Elkins Constructors,Inc.hereby submits a Change Order Request for the following changes in contract work: SUBJECT: Removal of unforeseen additional asbestos DESCRIPTION: This proposal includes removal of the unforeseen additional asbestos at the old police station. This is for amount above the original surveyed amount included in the bid. Attachments: Dustcom ITEM SUB/ # SUPPLIER SCOPE AMOUNT I Dustcom Removal of unforeseen additional asbestos $ 4,257 SUBTOTAL $ 4,257_ BUILDERS RISK $ 19 PERFORMANCE&PAYMENT BOND $ 33 GENERAL LIABILITY $ 13 FEE $ 216 TOTAL S 4,538 APP COR STATUS(APP-Approved,PEN-Pending,EST-Estimated,VD-Voided) "'Verbal approval per correspondence from owner. Schedule Impact-This change may impact the critical path.(Yes/No) NO We have proceeded with this change to achieve schedule.(Yes/No) YES If No",we will not proceed until direction from Owner is received by Elkins Constructors.Inc.or this COR is signed below. APPROVED BY: Diane Schleicher Date City of Tybee Island Doug Roberts Date Greenline Architecture Andy Hardaker Date Elkins Constructors,Inc. 20141023CityCouncilPacket Page 23 of 147 20141017/jrl Change Order #2 TO: ,:ri Elkins Constructors, Inc. 7 E Congress Street Savannah, Ga. 31401 Phone: 912-233-9056 Email: Andrew @elkinsconstructors.com Job: P.O. Box 7724 Garden City, Ga. 31418 Attn:Dusty Williams Tybee Public Safety Phone: (912) 964-1640 Fax: (912) 964-1643 QUANTITY UNIT DESCRIPTION UNIT$ TOTAL 860.00 SF Extra asbestos removal $4.95 $4,257.00 Total Change Order $4,257.00 Total removal is 1,360 SF(see attached drawing)after deducting the 500 SF that was in the asbestos survey a balance of 860 SF is left that needs to be added as a change order. 20141023CityCouncilPacket Page 24 of 147 20141017/jr1 !Y.1,11 11._e'�3sAM*PVP `F.010 1114K+.2.Y. "�'�bt `. +e x . ... ' A-, 4y ". /` n F .04 r° Coon gnsulation eo., 9nc. 7` NI Hot ond Cold fttsuis fon **t _ Asbestos Mold 8 Fax:(912)964-4387 310 Cantyre Street Port Wentworth,Georgia 31407 Tybee Island Police Department 1 layer of carpet and pad 2 layers of VCT Tile 1 laYer of 9 x 9 Tile&Mastic 110 SF Courtroom-900 SF 2 layers of carpet 350 SF 1 layer of 9 x 9 Tile&Mastic 1 layer of capret and pad 2 layers of VCT Tile 1 layer of 9 x 9 Tile&Mastic FRONT � pp�'yy� e A p1[Ol 0 Rr99a^,t y ® Turbines Chilers Plping Ramovable insulation 20141023CityCouncilPacket Page 25 of 147 20141017/jrl TOTAL PROJECT BUDGET Project: Tybee Island Public Safety Building Institution: City of Tybee Island Project No.: 13.013 Location: Tybee Island, Georgia Start Date: 12/23/13 Architect: Greenline Architecture Revised: 10.16.14 A. CONSTRUCTION 1. Total Construction -Hard Costs (based on 14,920 s.f.) $2,370,192 2. GC/CM Proposed Costs Preconstruction Services (Fee, Costs&Expenses)0.5-0.85% 1.5734% $44,054 GC Fee (3.5%-4.5%) 5.00% $140,000 General Conditions (8%-9.5%) 8.00% $260,479 3. Total for Construction (referred to as Stated Cost Limitation) 14.57% $2,814,725 4. Relocation &Upgrades to Existing Fuel Pumps $130,502 5. Security System -Allowance for Equipment and Wiring $136,019 Total Guaranteed Maximum Price for Construction $3,081,247 Increase in GMP for CO#1 &#2 $ 14,566 Increase in GMP for CO#3 $ 4,538 B. PROJECT OVERSIGHT(RCI, PM, ETC.)-NOT USED C.ARCHITECTURAL&ENGINEERING SERVICES Design Services 1 Design Documents&Contract Administration (Basic Building Design) $156,180 Lead Architect/Architect of Record Civil Engineering Landscape Design MEP Engineering Structural Engineering 2 Assist with CM at Risk $7,000 3 Special Consultants(by Owner) Audio/Visual/Security 0.00% $0 Technology/Data 0.00% $0 4 Reimbursable Expenses (Fixed Fee) $2,000 Total for A&E Services 0.00% $165,180 D. LOOSE EQUIPMENT (estimate) 1. Fixtures, Furnishings& Equipment+ Design 0.00% $20,000 2. Total for Loose Equipment 0.00% $20,000 E.TESTING, SURVEYS, ETC-Subject to Contingency Allowance 1. Engineering Data, Surveys, Geotech.Testing,etc. (1%of'A4"w/a min. of$6,500 and a max.of$400,000) 2. Extra Drawings&Specifications (0.05%of A4 w/a min of$1,000 and a max of$40,000) 3. Special Inspections Testing $13,533 Total for Testing 0.00% $13,533 F. OWNER CONTINGENCY(on Items "A"through "E") 1. New Construction 2.00% $61,625 2. Design Contingency(Rounding) 0.00% $0 Total Contingency 2.00% $61,625 Cost for Garbage Removal and Testing $26,446 Extra Structural Improvement Costs $23,829 20141023CityCouncilPacket Page 26 of 147 20141017/jrl Amount Over Contingency -$11,350 G. SPECIAL COSTS-Not Subject to Contingency 1 Dispatch radio and communications $ 30,000.00 2 Asbestos Abatement&Demolition of Existing Buildings $ 32,630.00 3 Relocating power poles and Transformer by GA Power $ 24,594.00 4 Relocate AT&T Service $ 25,476.00 5 Boring and Conduit pathways for AT&T service $ 2,134.00 6 Relocate Comcast Service $ 2,000.00 7 Relocate Comcast Broadcasting Facilities $ 9,981.00 8 Parking Lot Lights-will lease from Ga Power $ - 9 Relocate CEMA Siren $ 2,000.00 10 Upgrade to Existing Site Survey $ 2,400.00 11 AV equipment&cabling FY 15 GF Budget* 12 Data &Communicatin cabling $ 12,908.00 13 Relocation of Existing 911 Center(AT&T Proposal) FY 15 GF Budget* 14 Coastal SWCD $50 15 Commissioning (0.5%- 1.5%) 0.00% $0 Total Special Cost 0.00% $144,173 H. CURRENT TOTAL PROJECT COST (SPLOST Portion) $3,493,512 Project Costs To Date: $1,536,014 Balance of Project Cost: $1,957,498 *911 System Cost: $134,552 FY 15 General Fund $134,552 "AV equipment and cabling estimate: $100,000 FY 15 General Fund $100,000 TOTAL PROJECT COST INCLUDING GENERAL FUND $3,728,064 Note: Original project costs(SPLOST Portion): 3,500,324 Current project costs(SPLOST Portion): 3,493,512 Difference: 6,812 20141023CityCouncilPacket Page 27 of 147 20141017/jrl 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: 10.23.14 Item: North Beach Dune Maintenance Project—Estimated Cost $500,000. Beach Task Force recommended pursuing project once funding is identified. Budget Line Item Number: TBD— State funding may be available. Paper Work: _X_Attached* Audio/Video Presentation** Submitted by: Diane D. Schleicher Phone/Email: dsch @cityoftybee.org Comments: Date given to Clerk of Council 10.16.14 20141023CityCouncilPacket Page 28 of 147 20141017/jrl 0 c -?; .:1,,- ;,' f: , } irt,V14, l'is 1,15 11 I: Ili t \ , '‘,4 ''I e Jr if ' III' ! ,6 � . a�1 f Y. , ,. I 1 4! ' , •, 4 i. • I 0 i • 1 • ‘1 II i „ ;T !. 4cf, 4 J:fi t, r; - I , ..1 4 4' ; If al,: 33iCei lir ' 1 1. ID i k t iiii I I, 1 3:. ; L' : IT - 'i . P L _ il ii .i• Ili it) t. . ... j Al 11 1 t' , • 1 1j , i ,i 1 ' c1 it • I • 1 I • r ■ -I 1 ' t' i 1 i . ( . i Y-it_ I JI. Its i 'i.. 11; ` "Jr, 'A 4 1 ' , i .+ti j . L,: (, t j 11 ' it .I 1 - t , II I 1 - • J t•• `. f / 1 , i , • 1111 Y'�I 1 '_ �, { •• ill{{ Vi I Q 1 o : i LI I M Y t k • r .i r 1 I 1 ; t • I : 41 1 r • I Y 1 i f ' 1 l g' - • 1 1 1 1 + 7 t .` A I. 'r y , .`1. 1- ; ' r ..I: , . 1 1 3'• I ! 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',sill 1 ye ' ,i; s- I a' -;,11 . 4:t4, art f a i'V A I r 9 1 1 1� " 1f cI' d1 + y1 f J P r` 1 1 ,, h +d, + a M f 1 Y 4. z 1 + + r ',1., /) 1 1 i ,11 ik' �' ' 1i* „ ;7414 I ( 76;1: 11 {7 + 1 ,�i r 1 ' " - I I.� ,1�: i •A "' ,i, ',fry 'i,c •T I's /4 �I 1 ''i A •' ¶1; : :;*4 ' 11 1' 1 J ,I 1 t ` 1 l r, ,11 + 1 /I.'N { 1, 1 ` 1 1 ' 1 1 I 3 —Al I. M � �ih � ' 1 Y01 r 4 1 '. - D aa I it i r.fr il t .4 '. • r 1'� "r • v '� r " a y , "r '1 I I 0 I 1 1 1 I 04 t , Y. , ! Y i 1 i w w1 4. '1 e.te's a I. ,' 4 ' I 11 I i, L x I # •- II 4. I + 0 1'.�,' 4 I " •" v I • v4 I 1 1 r I , 4 , " • • 1 I , I 1 7 r • I + " I I . ' r 1 I • 4 \ "' # I e e `4 { ' I + . 1i I )t • I ,+ i 1 .I I I }t S_ i I r I r '1a J1, .' + r f'} t. . ♦ r 1 1 r r I 4 I 1 4 4 Y • a� I 4 II a ti t 41 M • I ' 1 r P . 1 ° a + 1 r i . 1 11 i . �} . I 4 • 4 - , I Y • II I e 4 11 1 I a Y 4 I . I� — , % II 4 r - 11 I I ' ' . i ! #. v a • r I. N e r a " i , a 14 t a, I 1.r • , $ I I I # Y ,I 1 i 1 - " n$ 1 4, . 1 . v 1 • 1 • it + 1 4 4 I �li i . , t #1 11 fir \iv . { 1 1 . 4 i , . I lit 1111 1 I n i 0 . Iii ir i • I ii\r 4 I ILL II 1 6 4 1i ' I . I. ' r. 14� I ,, it 41 y I + 1 , • a • I 1 ■ . I yn .l• , .,,, L_ r1 . , (,. ' i ..., •Ail+ ly yr1 I i T ♦ ,e 7 T 20141023CityCouncilPacket Page 30 of 147 t a 1 1 AA , 2014101710 Y ■ I MEMORANDUM `== :j22 ptir- TO: Diane Schleicher, City Manager City of Tybee Island ' FROM: Erik J. Olsen, P.E., Ga. 011051 630 Olsen associates, inc. Coastal Engineering DATE: 15 October 2014 RE: North Beach Dune Maintenance Project (2014/15) Opinion of Probable Cost-to-Construct Pursuant to your most recent inquiry, I would estimate the cost to "replicate" the 2002 North Beach dune enhancement project as follows: Permit Renewal $2,100 Survey of Shorefront (ARC) $5,200 Engineering Plan/Bid Docs $25,000 Bid/Sand Source Evaluation $5,000 Contract for Sand Placement $450,000 budget Contract Admin (Engineer) $7,500 Daily Contract Supervision by TBD Tybee Island Personnel Estimate $494,800 Say $500K plus staff time The actual cost to construct would be subject to a bid or proposal solicitation. If budget limited, the sand placement volume could be adjusted to meet any such constraints. Thank you for your consideration in this matter. olsen associates, inc. 1 2618 Herschel Street I Jacksonville, FL 32204 I 904.387.6114 I FAX 904.384.7368 www.olsen-associates.com. 20141023CityCouncilPacket Page 31 of 147 20141017/jrl 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: 10.23.14 Item: Derelict Structures Removal Project—Estimated cost $1,700,000 to $1,900,000. Beach Task Force recommended pursuing project once funding is identified. Budget Line Item Number: TBD - State funding may be available. Paper Work: _X_Attached* Audio/Video Presentation** Submitted by: Diane D. Schleicher Phone/Email: dsch @cityoftybee.org Comments: Date given to Clerk of Council 10.16.14 20141023CityCouncilPacket Page 32 of 147 20141017/jrl - . 4 MEMORANDUM-OF-OPINION TO: Mayor Jason Buelterman; w ='? '� r Diane Schleicher, City Manager—City of Tybee Island Olsen FROM: Erik J. Olsen, P.E., Ga. 011051 C ° associates, inc. Coastal Engineering DATE: 15 October 2014 RE: Derelict Structure Removal—Tybee Island Oceanfront Opinion of Probable Cost-to-Construct Pursuant to your most recent request, I have formulated an updated Opinion of Probable Cost-to-Construct for the removal of both wall remnants and derelict steel sheet pile groins located along the oceanfront in the Fort Screven "vicinity". These structures were originally placed by the Department of the Army beginning in the 1930's. The documentation of the groin locations is relatively certain. The locations of the wall remnants are not since they "emerge" and then become reburied with beach fills, seasonal beach profile fluctuations, etc. If the City intends to pursue derelict structure removal, additional survey and documentation must be done before the winter of 2014 federal beach renourishment project is performed. Design documents will also eventually require updating. It is my opinion that the most cost-effective opportunity for removal however will be immediately after the fill project — essentially, "in the dry" and above the mean high water line (MHWL). This likewise simplifies the State and Federal permit requirements. In reviewing my files, I have relocated the detailed Proposal submitted by the City to NOAA several years ago which sought federal funding for derelict structure removal. The Proposal was very well done but unfortunately did not rank high enough to successfully compete for the limited federal dollars available at the time. In reviewing the document, I am of the opinion that both the scope-of-work (SOW) and associated cost estimate for the work to be done are still valid (see Attachment A). This would include the one derelict structure located northward of the N. federal rock groin—not addressed in 2009. Hence, I would suggest that the Proposal be submitted to the County in your continuing efforts to seek funds to remove the olsen associates, inc 1 2618 Herschel Street I Jacksonville, FL 32204 1 904.387.6114 I FAX 904.384.7368 www.olsen-associates.com. 20141023CityCouncilPacket Page 33 of 147 20141017/jrl derelict structures. A copy of the original Proposal to NOAA is attached for that purpose (see Attachment B). Due to its bulk, some of the supplementary information submitted to NOAA as part of that document has been deleted. If I can provide any further explanation regarding the need to perform this work or the attached scope and costing, please let me know. Thank you for your consideration in this matter. Attach. A & B - 2 - olsen associates, inc. 20141023CityCouncilPacket Page 34 of 147 20141017/jrl ATTACHMENT A 20141023CityCouncilPacket Page 35 of 147 20141017/jr1 am o r- o 0 o 0 N ..i l cd a) o o PQ CA (NI 4-, a) 0 tn •V a ri) O U U U cA I u' Q o 0 .n v) a Q Q p • M_ Z �� C� N O N dam' N O Vx1 N \O O Q — N •-■ .■. -. a �I 64 64 EA 69 69 69 64 69 6A 4 69 69 64 o Z x r.+ wp C/1 ,_ O -07) —al U o o a O o 0 o �. 0 CO P-I ON bA r CI i N Crl a) 0 r ° v) U U 7 0 N 01 iA N U o V a O O �' N W Q 0 0 0 O°et 0 0 �O O C 0 O� _ a 0 O p V a �W u . ., O 0 v] Q U N P.4 b d U `n bA z ci Qo , =bi° OO z c O ,6 o•N ~ O Cl)O U U ci O U O a) E"0 ix o U .n H U Q U >, ice' I = U o 0 715 = E... '" en U c ct � � C7 U Q v) Y U U a Q 0 > `. ° U • • • • W • • • • • H • • U 0 0 j a) Y ^ )-1 LN U 0 •--i� l i HI Hl 20141023CityCouncilPacket Page 36 of 147 20141017/jrl ATTACHMENT B 20141023CityCouncilPacket Page 37 of 147 20141017/jr1 Recovery Act City of Tybee Island, GA Derelict Structure Removal Program • v,» -� �•,sue � . w s -� w pw _ • REF: NOAA-NMFS-HCPO-2009-2001709 Applicant: City of Tybee Island, GA S$ y y ikta.) 20 1 41 023CityCou nci I Packet Page 38 of 147 20141017/jrl MAYOR 131:4=."' - CITY MANAGER Jason Buelterman Diane Schleicher CITY COUNCIL / t •, CITY CLERK Wanda Doyle,Mayor Pro Tern q • ' 1 Vivian Woods Charlie R. Brewer ,, Barry Brown r/ CITY ATTORNEY Eddie Crone ' %' Edward M. Hughes Dick Smith ``„ Paul Wolff CITY OF TYBEE ISLAND April 2, 2009 NOAA Office of Habitat Conservation, Fisheries Attn: Restoration Projects Applications 1315 East West Highway, Room 14853 Silver Spring, Maryland 20910 To whom it may concern: I am writing to request your support of the City of Tybee Island's application for a National Oceanographic and Atmospheric Administration (NOAA) Grant that will enable our City to remove multiple derelict structures from our beachfront. Our application is for a Habitat Restoration Grant which seeks to address the negative impact that the structures pose for sea turtle nesting habitat. The structures presently include a monolithic concrete sea wall along with numerous steel sheet pile groins that run perpendicular to the shore--all of which were constructed by the federal government decades ago. Our City Council has voted in unanimous support of this Grant application and to that end has committed both in-kind services and matching funds. The City is partnering with the State of Georgia, Department of Natural Resources on this project. We have worked with State and Federal agencies to secure all the necessary permits required to initiate removal of the structures. In addition to impacting annual sea turtle nesting, the structures likewise present a significant safety hazard for those who recreate on our public beaches. For that reason, both swimming and boating must be prohibited at this time at this location. I would greatly appreciate the favorable consideration of this Grant application by NOAA. Please don't hesitate to contact me at 912-786-4573 should you have any questions or require additional information. Thank you for your time and attention to this very important matter to the Citizens of Tybee and the State of Georgia. Sincerely,1s a'J��-� on Buelterman, Mayor City of Tybee Island P.O.Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 (866) 786-4573—FAX(866) 786-5737 20141023CityCouncilPacket vVWNNF.eVeyaffilig.org 20141017/jrl NOAA-NM FS-HCPO-2009-2001709 RECOVERY ACT CITY OF TYBEE ISLAND, GA DERELICT STRUCTURE REMOVAL PROGRAM APPLICATION INDEX •Project Summary and Narrative •Budget Justification •Design Plans •Supplemental Information g r" I A. /7, --- APPLICANT: City of Tybee Island, GA rb vt)4470 0t:FO13' 20141023CityCouncilPacket Page 40 of 147 20141017/jrl N OAA-N M FS-H C PO-2009-2001709 RECOVERY ACT CITY OF TYBEE ISLAND, GA DERELICT STRUCTURE REMOVAL PROGRAM PROJECT SUMMARY AND NARRATIVE 6 44 SEE IL is APPLICANT: City of Tybee Island, GA r; =" rlPif*MID 0(3404 t") 20141023CityCouncilPacket Page 41 of 147 20141017/jrl Recovery Act NOAA-NMFS-HCPO-2009-2001709 City of Tybee Island, GA Derelict Structure Removal Program PROJECT SUMMARY • Applicant—City of Tybee Island, Georgia • Title—Recovery Act, City of Tybee Island, GA, Derelict Structure Removal Program • Location—Atlantic Ocean shorefront of Tybee Island, Georgia • Land Owner(s)—City of Tybee Island and the State of Georgia • Start Date— 1 May 2009 (Preliminary analysis) 15 September 2009 (On ground Construction) • Jobs—Engineer: Engineers, administrative; field inspector; CAD tech; surveyor and field crew; aerial photographer Contractor: Administration; project manager; heavy equipment operators; surveyor and field crew; truck drivers; field laborers; technicians; maintenance crew; welder. City: Administrative personnel, public works and site security (police) during construction. See Budget Detail BJ2, BJ3. Total Hours 15,111 and Duration 12 months. • Habitat Benefits — It has been documented by the Ga. DNR that existing derelict erosion control structures (above and below the MHWL) are restricting sea turtle access to nesting habitat. Removal of the obstructions will help accomplish a State initiated "loggerhead turtle recovery plan". The State will monitor project post-construction benefits. • Project Scope—The project calls for the removal of six (6) steel sheet pile groins and up to 3,200 linear feet of shore parallel monolithic concrete block sea wall segments. Each wall section weighs approximately 38 tons. • Outcome—The project will restore a natural sandy shoreline habitat along 3,200-ft, mol. of publicly accessible shorefront on the north end of Tybee Island seaward of a Park. • Project Time Line—Including engineering, rebid and construction, the duration of the project will be 12-months, or less. This includes a withheld contractor Notice-To-Proceed date of 15 September 2009 in order to avoid conflict with the 2009 Sea Turtle Nesting season. • Permits and Approvals—The Applicant has all necessary State and Federal Permits and approvals necessary to perform the proposed activities which will occur above and below the MHWL. Both NEPA and the Endangered Species Protection Act requirements are met by the GA DNR permit. PS-1 20141023CityCouncilPacket Page 42 of 147 20141017/jrl Recovery Act NOAA-NMFS-HCPO-2009-2001709 City of Tybee Island, GA Derelict Structure Removal Program • Federal Funds Requested: $1,790,000 • Grantee Share: $23K (In-Kind Services); $100K(Cash) • Overall Project Cost: $1,913,000 PS-1 20141023CityCouncilPacket Page 43 of 147 20141017/jr1 Recovery Act NOAA-NMFS-HCPO-2009-2001709 City of Tybee Island, GA Derelict Structure Removal Program PROJECT NARRATIVE PROJECT INTENT/GOALS The derelict structure removal project addressed herein will create or maintain jobs in the "economically challenged" marine construction industry. The latter is essentially an area of heavy construction oriented directly to the marine environment, i.e., on, over or abutting large water bodies. This speciality includes the Atlantic Oceanfront shorefront of Tybee Island, GA. Additional job opportunities would involve professional trades of coastal engineering, surveying and aerial photography, at a minimum. A healthy marine industry is generally dependent upon both private and public sector clientele. Accordingly, public sector expenditures, such as those proposed by the ARRA, can result in job opportunities potentially lost or threatened by the lack of private sector project funding. For example, many ports, or port tenants which comprise a segment of work for the marine construction industry have delayed local project expenditures — pending a major turn in the national economy. Simplistically, the scope-of-work for this Grant Application will address nearshore marine debris removal which directly impacts sea turtle nesting along a segment of Tybee Island, GA shorefront. A contract would be let to remove six (6) existing derelict sheet pile groins and up to 3,000-ft±of monolithic concrete shore parallel seawall —all constructed by the Dept. of the Army in the 1930's or 1940's when they occupied the adjacent upland property formerly known as Fort Screven. As one might expect, the subject structures presently likewise significantly adversely affect the public's use of this shorefront for swimming, boating, etc. Removal of the structures would therefore benefit the City of Tybee Island's tourist based economy and the State of Georgia in general. Tybee Island is one of only two (2) publicly accessible beaches in the entire State. The subject remediation project is unique in that it will provide significant documented (see Ga. DNR letter) endangered species protection, is fully permitted and essentially shovel- N-1 20141023CityCouncilPacket Page 44 of 147 20141017/jrl Recovery Act NOAA-NMFS-HCPO-2009-2001709 City of Tybee Island, GA Derelict Structure Removal Program ready. Only minor reformulations of existing engineering documents are required in order to seek competitive bids. In December 2008 the Applicant sought RFP's from qualified marine contracting firms and received three (3) responses for firms both capable and interested in performing the work. Unfortunately, sufficient local funds were not available to award a contract for the costs proposed. It is estimated that both groin and seawall removal would directly benefit 46- Acres of nearshore habitat presently impacted by the derelict structures. Removal of the monolithic concrete seawall segments alone would involve the excavation, demolition and transport to an upland site of up to 7,700 tons of waste material. The volume of debris associated with groin removal could increase that amount by another 50%. APPROACH Background — In December 2008, the City of Tybee Island solicited requests-for- proposals (RFP #2008-515) from qualified marine contractors for purposes of attempting to address derelict structure removal. The RFP was based upon limited information regarding the nature and extent of the structure field. Since that date, substantial additional information has been obtained from the archives of the Savannah District USACOE regarding the extent and nature of the original project. Hence, a reformulation of the original plans and specifications is required for purposes of resoliciting competitive bids. In December 2008, three (3) cost proposals were received from marine contractors. The average cost for the work was predicted at the time to be approximately $1.1M. A revised scope-of-services is required sufficient to address sea wall components to be removed which were not necessarily addressed by the original solicitation (RFP) distributed to prospective contractors. Work Plan Engineering—The first element of work shall be the fast-track reformulation of the project plans and specifications. A Contract Manual will be formulated sufficient for both scoping the project elements and subsequently seeking new competitive bids. Note—the original December 2008 project was not bid. Rather, based upon the limited nature of the information at N-2 20141023CityCouncilPacket Page 45 of 147 20141017/jrl Recovery Act NOAA-NMFS-HCPO-2009-2001709 City of Tybee Island, GA Derelict Structure Removal Program hand, "Cost Proposals" were solicited. Note — the costs of upland disposal of the significant volumes of material to be removed shall be the contractor's responsibility and part of the structure of the proposed bid package. Bid — Immediately upon completion of the updated design documents, the project will be competitively bid. A Performance Bond will be required as part of the project cost as well as sufficient Insurance Coverage to protect the City of Tybee Island and others during the course of the marine work. The project engineer will evaluate the bids as well as the qualifications and requisite work plans of the bidders and make a recommendation to the City Council as to the most responsive, responsible bidder. Award — Within 7-days of bid opening, the City shall make an Award to the selected contractor. Within 7-days, mol of Award, the City will execute a Contract and issue a Notice- To-Proceed. Note — The Contract shall stipulate that work on the beach may not be initiated until sea turtle nesting season has been determined to be complete by the Ga. DNR (estimated at 15 September 2009). After that date the contractor may proceed without further restriction. As a result, the beachfront work can likewise be accomplished primarily outside of tourist season. Construction — The contractor shall be given a time frame of 30-days or less to mobilize equipment to Tybee Island and to initiate work. Subsequently, he will be given 5- to 6-months to complete the removal work and to demobilize from the site. This includes all relevant site restoration. During the course of the work, the Engineer shall maintain an inspector on site for purposes of construction observation, compliance with the design documents, and documentation of material removed from the beach. Acceptance — Prior to final payment and release of retainage (estimated @ 10%) the Engineer shall evaluate the work and make recommendations to the City for final acceptance of the work. Schedule — A graphic representing the proposed Schedule-of-Events for all activities follows. With a Notice-To-Proceed, work by the Engineer could begin as early as 1 May 2009. N-3 20141023CityCouncilPacket Page 46 of 147 20141017/jrl ■ 01 .N-I 0 *CZCNIL EX 0 — - 00 , vi . ,—. *; a > t m '° a I �a, ina, V/ RS 1/1 L O O in 40 _ - - I O O a•• 0 2 o a a - L +' I d r as > C I O o E Ia.) 0 W i Q 0 • aJ H W v x tn T a CU CZ 0 .tc z 3 • W CL eta = m I v oo CU O L t GJ .0 N >. 4A VI ^A C V 4a • u u N GS = o in r-I A , �+ o 0 .L 4 3 N iv '^ o 00 - 6 c O 4_, o▪ f O aJ li i-- Z � c O 0 C1 '^ 0 O 0 O N 7 f0 O U u L.) in -c 4.0 C N CO LL rcc I c a Cl./ Z c7 c/ H Q - G� N 4+ •O Q O• Z z o ad ro ° c .0 E a O C '� z L 0 C fG 0 Q 0 i+ N u U = o c N E 2 2 o 0. +., puU_ E = c 4- u c c C E C M . L H = u° JY to u° u° u° OJ a Q 6- m Li CC 20141023CityCouncilPacket Page 47 of 147 20141017/jrl NOAA-N M FS-HCPO-2009-2001709 RECOVERY ACT CITY OF TYBEE ISLAND, GA DERELICT STRUCTURE REMOVAL PROGRAM BUDGET JUSTIFICATION APPLICANT: City of Tybee Island, GA G ~` k47(1)Ocro50 20141023CityCouncilPacket Page 48 of 147 20141017/jrl Recovery Act NOAA-NMFS-HCPO-2009-2001709 City of Tybee Island, GA Derelict Structure Removal Program BUDGET JUSTIFICATION COSTING OVERVIEW The actual cost of construction will be based upon competitive bid. Once complete, there will be no maintenance or continuing operational costs associated with the subject habitat restoration. The Ga. DNR however, has indicated that they will provide the labor and direct expenses associated with monitoring of the project for purposes of documenting its success. The cost of that contribution has not been included in this Application. PROJECT SERVICES Exclusive of in-kind services to be contributed by the City of Tybee Island, the following major contractual services are required: 541330 Engineering Services A coastal engineering firm with significant direct experience in the type of marine construction activities proposed will be utilized to reformulate existing design documents, to rebid the project, manage the contract and provide construction observation. The firm retained by the Applicant prepared the existing design documents, obtained all State and Federal permits for the work and is intimately familiar with the Tybee Island, Georgia shorefront. 541990 Other Technical Consulting Services (Federal) Additional professional services required include survey (three-man crew type) and oblique aerial photography. 237990 Heavy Construction A qualified marine contractor with the requisite personnel, equipment and specialized experience will be employed to perform the actual derelict structure removal from the Tybee Island shorefront. Performance Bonds, comprehensive insurance (for marine work) and all costs of disposal will be included in the contract price. BJ-1 20141023CityCouncilPacket Page 49 of 147 20141017/jrl Recovery Act NOAA-NMFS-HCPO-2009-2001709 City of Tybee Island, GA Derelict Structure Removal Program CONTRACT LABOR ESTIMATES 541330 Engineering: Rate/Hr. Hours Principal $200.00 160 Senior Engineer $150.00 140 Coastal Engineer I $115.00 120 Coastal Engineer II $ 96.00 160 CADD $ 72.00 160 Inspector $ 80.00 960 Administrative Asst. $ 62.00 120 Total 1,820 237990 Heavy Construction: 1 Rate/Hr. 1 Hours Senior Construction Manager $138.10 480 Project Superintendent I $115.90 960 Project Coord &Proj Engr I $108.50 480 Coord/Field Engr/Surveyor $ 74.00 120 Office Manager $ 78.95 180 Safety Manager $101.15 180 General Foreman $ 54.00 960 Leadman $ 39.35 960 Licensed Journeyman $49.75 960 Heavy Crane Operator $ 51.80 600 Pile Driver $42.45 600 Loader Operator $ 39.35 960 Excavation Operator $ 51.80 600 Helper—Level 1 $ 33.15 960 Helper—Level 2 $ 31.05 960 Administration $ 29.00 180 Laborer $ 26.90 960 Field Clerk $ 37.30 120 Truck Driver(3) $ 40.00 1,200 Total 12,420 Typical for project considered. BJ-2 20141023CityCouncilPacket Page 50 of 147 20141017/jrl Recovery Act NOAA-NMFS-HCPO-2009-2001709 City of Tybee Island, GA Derelict Structure Removal Program 541990 Other Tech Services: Rate/Hr. Hours • Surveyor(PLS) $165.00 16 Crew Chief $107.00 40 Rodman/Tech $62.00 40 CAD $75.00 12 Administrative $ 40.00 8 • Aerial Photographer/Pilot $100.00 25 Administrative/Support $ 30.00 20 Total 161 CONTRACT LABOR SUMMARY # PEOPLE LABOR EMPLOYED ALLOCATED CODE ACTIVITY HOURS INACTIVITY FUNDING 2 541330 Engineering Services 1,820 7 $270K 237990 Heavy and Civil Engineering 12,420 22 $1.6M 3 Construction 541990 Other Professional and Technical 16] 7 $20K Services CITY OF TYBEE ISLAND, GA GRANTEE (IN-KIND) SERVICES CATEGORY HRS BASE RATE 4 W/BURDEN 5 COST • DPW Superintendent 150 - $ 34.98 $41.98 - $6,297 • Accountant 128 $ 33.43 $40.17 $5,142 • Police (Security) 336 $ 22.76 $ 27.31 $9,176 • Grants Administration 48 $ 21.93 $ 26.08 $1,252 • Administrative Assistant 48 $ 20.32 $ 24.38 $1,170 TOTAL 710 $23,037 2 Includes labor and other project related direct expenses. 3 Includes Bonding, speciality high risk insurance,etc.including equipment. 4 Includes Fringe. 5 Estimated @ 20%. BJ-3 20141023CityCouncilPacket Page 51 of 147 20141017/jrl Recovery Act NOAA-NMFS-HCP0-2009-2001709 City of Tybee Island, GA Derelict Structure Removal Program PROJECT COSTING/COST SHARING I. City of Tybee Island (Grantee) (In-Kind Services—See Breakdown) • Grant Administration • Contract Administration • Agency/State Liaison • Security During Construction Subtotal $ 23K (Labor Only) II. Engineer- Olsen Associates, Inc. (541330) • Design Documents—Reformulation $ 30K • Bid/Contract Negotiation $ 25K • Contract management $ 55K • Construction Observation (Full-Time) $140K • Liaison w/City, NOAA, State, etc. $ 20K Subtotal $270K (All Costs) III. Technical Subcontractor(s) (541990) • Surveyor $ 15K • Aerial $ 5K Subtotal $ 20K (All Costs) II1. Contractor—T.B.D. (Competitive Bid) (237990) • Marine Construction (all costs including Bonds) $1.6M Subtotal $1.6M (All Costs) Total Project Cost $1,913,000 COST SHARING • Grantee(City of Tybee Island) • In-Kind $23K • Cash $100K $ 123,000 • NOAA $1,790,000 BJ-4 20141023CityCouncilPacket Page 52 of 147 20141017/jrl NOAA-N M FS-HC PO-2009-2001709 RECOVERY ACT CITY OF TYBEE ISLAND, GA DERELICT STRUCTURE REMOVAL PROGRAM DESIGN PLANS ,e4INEE 0_45 APPLICANT: City of Tybee Island, GA �' y 20141023CityCouncilPacket Page 53 of 147 20141017/jrl Z o D z n m m cr O IT) C iJ o 1m 1 O g v D rn n-i r r) -1 n LA 73 C O pa � VDOovo+ vAAwnsr i _ 1 2 2 2 2 m Z N Ate � � OOOO � � Cm C PO CD C m6rAq Z '�— - rn rn 2 mmAwNr � O = Cr+ ITI t/! mN S � m x _ 1�' 1 rn F1 , _ I, M N m 0 A m f 73 '/ - ,Pr'WO . 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Y. t `Id..,'' 7.L %\ O O q 2n141f199rityCaunrilPankPt Page 64 of 147 20141017,jr1 N OAA-N M FS-HCPO-2009-2001709 RECOVERY ACT CITY OF TYBEE ISLAND, GA DERELICT STRUCTURE REMOVAL PROGRAM SUPPLEMENTAL INFORMATION im U Po APPLICANT: City of Tybee Island, GA 4 cit { 20141023CityCouncilPacket Page 65 of 147 20141017/jrl Noel Holcomb,Commissioner Georgia Department of Natural Resources Dan Forster,Director Wildlife Resources Division Nongame Conservation Section One Conservation Way, Brunswick,Georgia 31520 (912)264-7355 March 30, 2009 NOAA Office of Habitat Conservation NOAA Fisheries ATTN: Restoration Project Applications 1315 East-West Highway Room 14853 Silver Spring, MD 20910 To whom it may concern: The Georgia Department of Natural Resources (GADNR) strongly supports the proposed habitat restoration project involving the removal of relic steel sheet-pile groins on Tybee Island's ocean beach. GADNR will be partnering with the City of Tybee on this project to help restore nesting habitat for the Federally threatened loggerhead sea turtle. GADNR has worked cooperatively with the City of Tybee for over 20 years to restore and improve sea turtle nesting habitat by monitoring beach nourishment projects, reducing artificial lighting on the beach, and coordinating Tybee Island's sea turtle conservation program. GADNR looks forward to providing expertise and resources to determine the long-term effectiveness of the project on sea turtle reproductive success. The loggerhead turtle (Caretta caretta) was listed as threatened under the Endangered Species Act of 1973 as a result of declines in nesting in the southeastern United States and high mortality rates associated with commercial fishing activity. The Recovery Plan for the Northwest Atlantic Population of Loggerhead Turtle Caretta caretta (NMFS- USFWS, 2008) delineates reasonable actions required to recover and/or protect loggerhead turtle populations. The removal of failed or ineffective erosion control structures is considered a high priority action and is important to ensure that the amount of nesting beach free of barriers to nesting is stable or increasing. Shore-parallel structures found in the intertidal zone are known to restrict sea turtle nesting activity by blocking access to nesting habitat. Several shore-parallel structures are found within the project area. Sea turtle nesting data collected by GADNR cooperators from 1999-2008 (see figure below) show significant nesting activity on the northern end of Tybee's ocean beach with the exception of the portion of the project area with shore-parallel sheet pile groins. We believe these derelict erosion control structures are restricting sea turtle access to nesting habitat. The removal of these structures will allow sea turtles access to nesting habitat that is currently unavailable and will help accomplish one of the high priority goals of the loggerhead recovery plan. The GADNR will partner with the City of Tybee to monitor the effectiveness of the derelict groin removal and will provide a report on the effects of the project on sea turtle nesting activity. 20141023CityCouncilPacket Page 66 of 147 20141017/jrl [To/Subject] [Date] Page 2 of 2 jai '}���yN G$ A iiiI +.� `"{!y` ..Vi v JT; rI 3.1 SD I. ° ,rl • r San• t "�'.,�C • P t • • Loggerhead sea turtle nesting, Tybee Island, 1999-2008. In summary, the GADNR strongly supports the proposed habitat restoration project involving the removal of relic steel sheet-pile groins on Tybee Island's ocean beach and will be partnering with the City of Tybee to monitor the long-term effects of the project on sea turtles. This project ranks as a high priority for the recovery of the Federally threatened loggerhead sea turtle. Thank you for your consideration of this letter. If you need further information, please do not hesitate to contact me. Sincerely, /414L Dom' Mark Dodd Wildlife Biologist Georgia Sea Turtle Program Coordinator Georgia Department of Natural Resources 20141023CityCouncilPacket Page 67 of 147 20141017/jrl 0 71 0 X m� 0 > O rO < 13 a 5 71 m r D - > (n co D Z Z 0 • —I m U o m -I ! o Z C O r Z � r" m CD o 0 T �m7 0 p ° ^ 1 N 1 - K D m °o z o b — R,2 A M cm 1\3 D 3 I— § i n a D 0 Z o 00 r � n 0 G) D Zm > om G) > ... . .. k j . -- : CJfJ . 2 .4't a O williV 1 - P m 1... r. 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(541330) • Design Documents—Reformulation $ 30K • Bid/Contract Negotiation $ 25K • Contract management $ 55K • Construction Observation (Full-Time) $140K • Liaison w/City,NOAA, State, etc. $ 20K Subtotal $270K (All Costs) III. Technical Subcontractor(s) (541990) • Surveyor $ 15K • Aerial $ 5K Subtotal $ 20K (All Costs) III. Contractor—T.B.D. (Competitive Bid) (237990) • Marine Construction (all costs including Bonds) $1.6M Subtotal $1.6M (All Costs) Total Project Cost $1,913,000 COST SHARING • Grantee (City of Tybee Island) • In-Kind $23K • Cash $100K $ 123,000 • NOAA $1,790,000 BJ-4 20141023CityCouncilPacket Page 70 of 147 20141017/jrl 1 a . 0' , c 4. M 1 , i iirtig4 ,.. _. a . ,R ,.. . . . .. . , lc • . .1 IF .i i V .1 • ..... , .. ... . 1 , , k A ill r . ., _ .. ` fix' ,. ,1,. . . .. .. . . _ t trg'Cr 'v { t K 3 l s . t.. ,1. r . T. T1 ile j . I Y Y S ` : -: a r j {I n g , . i.d . I • P.I. 3. 1 I f - Y.-$ Or a- 1 s I a • .- ice,- - • . a - f: f . , • -{ R 19. 9 2. 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I••"sy .. • 1 .L 14•• , B . . 10 11 , . t, .7', . ,. • g . . Ji . . 3 • If _. 4 _ . 1 t• , 40 . : ii. __ . . _ ,../., . i ... . i .1. .. i . ' •"` . _ • ,y 0'.41 . .. , • •• 1.: ■ • . h i • . ...‘ ' . . .• • • . • .. - • 3 ii :. .• . . . . . . . .. .._ . , .. _. . . .. _ . . ., . . ..• ; ., . . - , . It 4i , 01 : 1, . • • • ' 4 . . - , .• . , .. , . ..., 4. ,... . . .. .. . . . 20141023CltyCouncilPacket I , • . , - . , i• MAYOR 8 CITY MANAGER Jason Buelterman Diane Schleicher CITY COUNCIL , y CITY CLERK Wanda Doyle,Mayor Pro Tern .fir Janet LeViner Barry Brown A Rob Callahan CITY ATTORNEY Bill Garbett F Edward M.Hughes Monty Parks r I ot. 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 23, 2014 Item: Second Reading Explanation: Text Amendment---Ord. 55-A-2014. Article 2, Definitions. City of Tybee Island, petitioner; consideration of definitions Budget Line Item Number (if applicable): N/A Paper Work: J 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 16, 2014 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified ($66) 786-4573—FAX (866) 786-5737 t City cif Ethics f www.cityoftybee.org ysa `y 20141023CityCouncilPacket Page 73 of 147 201g0117/jrl ORDINANCE NO. 55-A-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: 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. 20141023CityCouncilPacket Page 74 of 147 20141017/jrl 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 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. 2 20141023CityCouncilPacket Page 75 of 147 20141017/jrl 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." 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. 3 20141023CityCouncilPacket Page 76 of 147 20141017/jrl 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, 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 4 20141023CityCouncilPacket Page 77 of 147 20141017/jrl 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 42 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. 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. 5 20141023CityCouncilPacket Page 78 of 147 20141017/jrl 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. 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. 6 20141023CityCouncilPacket Page 79 of 147 20141017/jrl Family means any of the following occupying a dwelling unit, living 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. 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 7 20141023CityCouncilPacket Page 80 of 147 20141017/jrl 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. 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. 8 20141023CityCouncilPacket Page 81 of 147 20141017/jrl 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: 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. 9 20141023CityCouncilPacket Page 82 of 147 20141017/jrl 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. I 1 1 II. 08....E L_of If1t!►1er Lcr1 O.N,isor L.®t 1 I r I Mayo L.sil I Int,..arr L..j awalu. • .00rr.K 1-041 I Milligibe L..Ot [kerns LAt I I L t� no tIi Ir Fr rit.miao 1 1 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. 10 20141023CityCouncilPacket Page 83 of 147 20141017/jrl 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 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). 11 20141023CityCouncilPacket Page 84 of 147 20141017/jrl 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. 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. 12 20141023CityCouncilPacket Page 85 of 147 20141017/jrl 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), 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 13 20141023CityCouncilPacket Page 86 of 147 20141017/jrl 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. 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 Glean 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. 14 20141023CityCouncilPacket Page 87 of 147 20141017/jrl 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. 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. 15 20141023CityCouncilPacket Page 88 of 147 20141017/jrl 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 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. i. 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. I. Handbill means a printed sheet to be distributed by hand. m. Identification or information sign means signs of an informational nature bearing no advertising. 16 20141023CityCouncilPacket Page 89 of 147 20141017/jrl 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. 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-premise 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 17 20141023CityCouncilPacket Page 90 of 147 20141017/jrl 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. Significant trees means trees having a ©8H of ten inches or greater of the following variety: southern red cedar, Juniperus silicola, 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 opaca). 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 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. 18 20141023CityCouncilPacket Page 91 of 147 20141017/jrl 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. 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 19 20141023CityCouncilPacket Page 92 of 147 20141017/jrl map or plat must also meet all other requirements of ©.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. 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. 20 20141023CityCouncilPacket Page 93 of 147 20141017/jrl 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. 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. 21 20141023CityCouncilPacket Page 94 of 147 20141017/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 A I EST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/55-2014 Art 2 definitions 10.10.14 dko 22 20141023CityCouncilPacket Page 95 of 147 20141017/jrl 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 2 141023CityCouncilPacket Page 96 of 147 20141-017/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 20141023CityCouncilPacket Page 9'7 of 147 20141017/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 1 counci�Packet Tybee Island, Georgia, ood4e�of Ordinances 20 Page 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. 08/11/2014 Tybee Island, Georgia Code of Ordinances Page 4 2 141023CityCouncilPacket Page 99 of 147 20141017/jr1 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 andfor 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. f _ 1 . .... II Lots aryd thdlr FrontaQa 1 08/11/2014 Tybee Island, Georgia,Code of Ordinances Page 5 20141023CityCouncilPacket Page 100 of 147 20141017/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 2 141023CityCouncilPacket Page 161 of 147 20141017/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 CouncilPacket Tybee Island, Georgia, ofd 4 of Ordinances 20Page1 7 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. 08/11/201 CouncilPacket Tybee Island, Georgia, Code of Ordinances 20141017/d 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 20141023CityCouncilPacket Page 104 of 147 20141017/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 silicola, 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 opaca). 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 2201233yCouncilPacket Tybee Island, GPa e 1t5 of 14of Ordinances Page 10. 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 a d1l 4 b 4CouncilPacket Tybee Island, G aggl106 Code of Ordinances 20 a 0171rl 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) 08/1 2014 Tybee Island, Georgia,Cod of Ordinances Page 12 2014 23CityCouncilPacket ag 117 of 147 20141017/jrl MAYOR CITY MANAGER Jason Buelterman O Diane Schleicher CITY COUNCIL CLERK Wanda Doyle,Mayor Pro Tem i 4 46. Janet LeViner Barry Brown Rob Callahan " CITY ATTORNEY Bill Garbett jar Edward M.Hughes Monty Parks 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 23, 2014 Item: Second 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* Ai 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 16, 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 s, L4i- 20141023CityCouncilPacket Page 108 of 147 2014'f0T7/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-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. (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. 1 0912512014 20141023CityCouncilPacket Page 109 of 147 20141017/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 09108/2014 20141023CityCouncilPacket Page 110 of 147 20141017/jrl 230.1 ARTICLE 230 SERVICES (3) Fuse Locations. Suitable warning signs shall be General Part I erected in a conspicuous place adjacent to fuses, warning Overhead Service Conductors Part II Underground Conductors Part III operators not to re p lace fuses while the circuit is energized. Servic e-Entr anc e Co nductors Part IV Service Equipment—General Part V (4) Backfeed.The following steps shall be taken where the Service Equipment—Disconnecting Means Part VI possibility of backfeed exists: Service Equipment—Overcurrent Protection Part VII p ty Services Exceeding 600 Volts,Nominal Part VIII (a) Each group-operated isolating switch or disconnect- Source ing means shall bear a warning notice to the effect that Overhead Underground contacts on either side of the device might be energized. Last pole Street main (b) A permanent, legible, single-line diagram of the station switching arrangement, clearly identifying each Part II Overhead ( Underground Part III service conductors service conductors point of connection to the high-voltage section, shall be 230.24 Clearances Depth of burial 230.49 provided in a conspicuous location within sight of each and protection point of connection. Service head Terminal box, meter,or other (5) Metal-Enclosed and Metal-Clad Switchgear. Where enclosure metal-enclosed switchgear is installed, the following steps shall be taken: Service-entrance Part IV (a) A permanent, legible, single-line diagram of the conductors switchgear shall be provided in a readily visible location within sight of the switchgear, and this diagram shall Service equipment—general Part V clearly identify interlocks,isolation means, and all possible Grounding and bonding o Article 250 sources of voltage to the installation under normal or emer- Disconnecting means • Part VI gency conditions, including all equipment contained in each cubicle, and the marking on the switchgear shall Overcurrent protection Part VII cross-reference the diagram. Exception to (a):Where the equipment consists solely of a Branch circuits Articles 210,225 Feeders Articles 215,225 single cubicle or metal-enclosed unit substation containing only one set of high-voltage switching devices, diagrams shall not be required. Figure 230.1 Services. (b) Permanent,legible signs shall be installed on panels or doors that provide access to live parts over 600 volts and shall carry the wording "DANGER—HIGH VOLTAGE" I. General to warn of the danger of opening while energized. 230.2 Number of Services. A building or other structure (c) Where the panel provides access to parts that can served shall be supplied by only one service unless permit- only be de-energized and visibly isolated by the serving ted in 230.2(A) through (D). For the purpose of 230.40, utility,the warning shall include that access is limited to the Exception No. 2 only, underground sets of conductors, serving utility or following an authorization of the serving 1/0 AWG and larger,running to the same location and con- utility. netted together at their supply end but not connected to- gether at their load end shall be considered to be supplying one service. (A) Special Conditions. Additional services shall be per- ARTICLE 230 witted to supply the following: Services (1) Fire pumps • (2) Emergency systems (3) Legally required standby systems 230.1 Scope. This article covers service conductors and (4) Optional standby systems equipment for control and protection of services and their (5) Parallel power production systems installation requirements. (6) Systems designed for connection to multiple sources of Informational Note: See Figure 230.1. supply for the purpose of enhanced reliability 70_78 NATIONAL ELECTRICAL CODE 2011 Edition 20141023CityCouncilPacket Page 111 of 147 20141017/jr1 ARTICLE 230—SERVICES 230.23 (B) Special Occupancies.By special permission,additional Exception No. 1: Grounding conductors and bonding services shall be permitted for either of the following: jumpers. (1) Multiple-occupancy buildings where there is no available Exception No. 2: Load management control conductors space for service equipment accessible to all occupants having overcurrent protection. (2) A single building or other structure sufficiently large to make two or more services necessary 230.8 Raceway Seal. Where a service raceway enters a building or structure from an underground distribution sys- (C) Capacity Requirements. Additional services shall be tern, it shall be sealed in accordance with 300.5(G). Spare peixuitted under any of the following: or unused raceways shall also be sealed. Sealants shall be (1) Where the capacity requirements are in excess of 2000 identified for use with the cable insulation, shield, or other amperes at a supply voltage of 600 volts or less components. (2) Where the load requirements of a single-phase installa- tion are greater than the serving agency normally sup- 230.9 Clearances on Buildings. Service conductors and plies through one service final spans shall comply with 230.9(A), (B), and (C). (3) By special permission (A) Clearances. Service conductors installed as open con- (D) Different Characteristics. Additional services shall ductors or multiconductor cable without an overall outer • be permitted for different voltages, frequencies, or phases, jacket shall have a clearance of not less than 900 mm (3 ft) or for different uses, such as for different rate schedules. from windows that are designed to be opened, doors, porches, balconies, ladders, stairs, fire escapes, or similar (E) Identification. Where a building or structure is sup- locations. plied by more than one service, or any combination of branch circuits, feeders, and services, a permanent plaque Exception: Conductors run above the top level of a win- or directory shall be installed at each service disconnect dow shall be permitted to be less than the 900 mm (3-ft) location denoting all other services, feeders, and branch requirement. circuits supplying that building or structure and the area served by each. See 225.37. (B) Vertical Clearance. The vertical clearance of final spans above,or within 900 mm(3 ft)measured horizontally 230.3 One Building or Other Structure Not to Be Sup- of, platforms, projections, or surfaces from which they might be reached shall be maintained in accordance with plied Through Another. Service conductors supplying a 230.24(B). building or other structure shall not pass through the inte- rior of another building or other structure. (C) Building Openings. Overhead service conductors shall not be installed beneath openings through which ma- 230.6 Conductors Considered Outside the Building. terials may be moved, such as openings in farm and corn- Conductors shall be considered outside of a building or mercial buildings, and shall not be installed where they other structure under any of the following conditions: obstruct entrance to these building openings. (1) Where installed under not less than 50 mm (2 in.) of concrete beneath a building or other structure 230.10 Vegetation as Support. Vegetation such as trees (2) Where installed within a building or other structure in a shall not be used for support of overhead service conductors. raceway that is encased in concrete or brick not less than 50 mm (2 hi.) thick II. Overhead Service Conductors (3) Where installed in any vault that meets the construction requirements of Article 450, Part III 230.22 Insulation or Covering. Individual conductors (4) Where installed in conduit and under not less than shall be insulated or covered. 450 mm (18 in.) of earth beneath a building or other Exception: The grounded conductor of a multiconductor structure cable shall be permitted to be bare. (5) Where installed in overhead service masts on the out- side surface of the building traveling through the cave 230.23 Size and Rating. of that building to meet the requirements of 230.24 (A) General. Conductors shall have sufficient ampacity to 230.7 Other Conductors in Raceway or Cable. Conduc- carry the current for the load as calculated in accordance tors other than service conductors shall not be installed in with Article 220 and shall have adequate mechanical the same service raceway or service cable. strength. 2011 Edition NATIONAL ELECTRICAL CODE 70-79 20141023CityCouncilPacket Page 112 of 147 20141017/jr1 (v-t0-l.' SECTION 3 C � � eod 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 theeprovisions 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 20141023CityCouncilPacket Page 113 of 147 20141017/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. 20141023CityCouncilPacket Page 114 of 147 20141017/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 20141023CityCouncilPacket Page 115 of 147 20141017/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 20141023CityCouncilPacket Page 116 of 147 20141017/jr1 ADOPTED THIS DAY OF , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/54-2014 Sec 3-070 permissible structures 09.26.14 4 20141023CityCouncilPacket Page 117 of 147 20141017/jrl Tybee Island Disaster Recovery Ordinance WHEREAS, O.C.G.A. §§ 38-3-27 through 38-3-28 and 38-3-54 through 38-3-56 authorizes the Tybee Island City Council to provide emergency management within the City of Tybee Island; WHEREAS, to ensure an effective and coordinated response to disasters, the city wishes to coordinate emergency management activities and responses with other cities located within Chatham County, Chatham County, Chatham County Emergency Management Agency (CEMA), the state of Georgia, particularly the Georgia Emergency Management Agency (GEMA), and the United States Government, particularly the Federal Emergency Management Agency (FEMA); WHEREAS, the mayor and council believe that an ordinance should be adopted to protect the health and safety of persons and property during an emergency or disaster resulting from technological or natural causes. NOW, THEREFORE, BE IT ORDAINED that the Code of Ordinances of the City of Tybee Island is amended by creating a new Tybee Island Disaster Recovery Ordinance to read as follows: Definitions: Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. Words used in the singular shall include the plural, and the plural the singular; words used in the present tense shall include the future tense. The words "shall," "will," and "must" are mandatory and not discretionary. The word "may" is permissive.As used in this ordinance,the term: 1. Tybee Island Emergency Operations Plan means the officially adopted, and Georgia Emergency Management Agency approved, emergency operations plan for Tybee Island, Georgia. 2. Declaration of Local Emergency means the condition declared by the Mayor of Tybee Island when, in his judgment, the threat or actual occurrence of a disaster, emergency, or energy emergency in any part of the city is of sufficient severity and magnitude to warrant extraordinary assistance by the city to supplement the efforts and available resources of the several localities and relief organizations in preventing or alleviating the damage, loss, hardship, or suffering threatened or caused thereby. 20141023CityCouncilPacket Page 118 of 147 20141017/jrl 3. Disaster means any happening that causes great harm or damage. 4. Emergency means any extraordinary condition in which there exists the threat or actual occurrence of a disaster or event, including an energy emergency as defined in the Georgia Emergency Management Act and any amendments thereto, which may result in the large scale loss of life, injury, property damage or destruction, or in the major disruption of routine community affairs or business and government operations, and is of sufficient severity and magnitude to warrant extraordinary assistance by the city and other agencies to supplement the efforts of available public and private resources. 5. Emergency Interim Successor means a person designated pursuant to this ordinance, in the event an officer is unavailable to exercise the powers and discharge the duties of an office, until a successor is appointed or elected and qualified as may be prescribed by the Constitution, statutes, laws, charters, and ordinances of the State and its political subdivisions, or until the lawful incumbent or the successor is able to resume the exercise of the powers and the discharge of the duties of the office. 6. Emergency Management means the preparation for, and the carrying out of, all emergency and disaster functions, as more fully defined by this ordinance. 7. Emergency Standing Operating Procedures (SOP) means the standing operating procedures developed by each emergency response unit for the purpose of preplanning the unit's response to a request for emergency assistance. 8. Energy Emergency means a condition of danger to the health, safety, welfare, or economic well-being of the citizens of this city arising out of a present or threatened shortage of usable energy resources; also any condition of substantial danger to the health, safety, or welfare of the citizens of this city resulting from the operation of any electrical power-generating facility,the transport of any energy resource by any means whatsoever, or the production, use, or disposal of any source material, special nuclear material, or by-product, as defined by the Atomic Energy Act of 1954, 68 Stat. 919, 42 U.S.C. 2011 et seq.; also any nuclear incident, as defined by the Atomic Energy Act of 1954, occurring within or outside this S\state, substantially affecting the health, safety, or welfare of the citizens of this city. 9. Energy Resources means all forms of energy or power including, without limitation to, oil, gasoline, and other petroleum products; natural or synthetic gas; electricity in all forms and from all sources; and other fuels of any description, except wood. 20141023CityCouncilPacket Page 119 of 147 20141017/jrl 10. Natural Disaster means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, or other catastrophe which causes, or which may cause, substantial damage or injury to civilian property or persons. 11. Political Subdivision means cities, counties, towns, villages, authorities, and any other bodies created by the State and exercising any of the governmental powers of the State. 12. State of Emergency means the condition declared by the Governor when, in his judgment, the threat or actual occurrence of a disaster, emergency, or energy emergency in any part of the state is of sufficient severity and magnitude to warrant extraordinary assistance by the state to supplement the efforts and available resources of the several localities and relief organizations in preventing or alleviating the damage, loss, hardship, or suffering threatened or caused thereby. 13. Technological or Human-Caused Disaster means the application of one or more modes of harmful force to the environment. These include but are not limited to contamination (as in the case of chemical, biological, radiological, or nuclear hazards), energy (explosives, arson, and even electromagnetic waves), or failure or denial of service (sabotage, infrastructure breakdown, and service disruption) including theft or disruption of cyber networks and transportation media. 14. Unavailable means either that a vacancy in an office exists as the result of any emergency as defined in this section and there is no deputy or other successor authorized to exercise all of the powers and discharge all of the duties of the office, or that the lawful incumbent of the office, including any deputy exercising the powers and discharging the duties of an office because of a vacancy, and his duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office. Emergency Management: 1. Emergency Management Function Defined: Emergency Management means the preparation for, and the carrying out of, all emergency and disaster functions other than those functions for which military forces or other State and Federal agencies are primarily responsible to prevent, minimize, and repair damage resulting from emergencies or disasters, or the imminent threat thereof, of technological or natural origin. These functions include, without limitation to, fire-fighting services, police services, medical and health services, rescue, engineering, warning services, communications, defense from radiological, chemical and other 20141023CityCouncilPacket Page 120 of 147 20141017/jrl special weapons, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, plant protection, restoration of public utility services, and other functions related to civilian population, together with all other activities necessary or incidental to total emergency and disaster preparedness for carrying out the foregoing functions. The Emergency Operations Plan: a. The City of Tybee Island shall develop and periodically update the City Emergency Operations Plan (EOP) for the purpose of establishing policies, procedures, programs, and projects to implement this ordinance and enable the city to respond to natural and technological emergency situations. b. The Director Emergency Management is responsible for the development, execution, and coordination of the Tybee Island EOP. This plan shall be developed in close coordination with the State Office of Homeland Security/Georgia Emergency Management Agency. It shall also be based on recommended principles and practices promulgated by the Federal Department of Homeland Security and other recognized emergency and disaster preparedness agencies and organizations. c. The Plan shall be submitted to the Tybee Island City Manager, Chatham County Emergency Management Agency Director, and Georgia Office of Homeland Security/Georgia Emergency Management Agency for review, comment, and recommendation to the Tybee Island City Council. The plan shall be adopted by the Tybee Island City Council by resolution and may be changed and updated periodically by resolution. d. Activation of the Tybee Island EOP: The Chatham County EOP shall become operative as follows: (1) Automatically by the declaration of a "State of Emergency" by the Governor of the State of Georgia as either a state-wide, regional, or local area emergency or emergency alert; or (2) Automatically by the Declaration of Local Emergency by the Mayor of Tybee Island. (3) On order of the Mayor of Tybee Island, provided that the existence or threatened existence of a local emergency has been declared by the Governor of 20141023CityCouncilPacket Page 121 of 147 20141017/jrl Georgia; or that the Mayor is acting as the designee of the governor. (a) The mayor is hereby authorized to order the mobilization of any appropriate emergency response organization, or any portion thereof, as required to provide for increased readiness in the event of the threatened existence of an emergency prior to the activation of the Tybee Island EOP. (b) The Tybee Island Emergency Management Director is authorized to order the activation of the full Tybee Island EOP and all emergency response organizations in the event that an emergency has already occurred but neither the mayor nor his successor are available, nor can they be communicated with in a timely fashion; or, upon the request of the mayor, legally appointed successor, or the governing body of Tybee Island. Role of Chatham County and Municipal Governments During Non-Emergency Periods: 1. General Powers and Duties of Local Governments: a. It is the duty of government to provide for the public health, safety, and welfare of its citizens by making provisions for emergencies and disasters that may occur at some future date. Chatham County and the City of Tybee Island are authorized and empowered by the Georgia Emergency Management Act of 1981, as amended, to make, amend, and rescind such orders, rules, and regulations as may be necessary for emergency management purposes. All such orders, rules, and regulations must be consistent with any orders, rules, or regulations promulgated by the governor or by any state agency exercising a power delegated to it by the governor. b. All orders, rules, and regulations so promulgated shall have the full force and effect of law when a copy thereof is filed in the office of the Tybee Island City Clerk. Laws, ordinances, rules, and regulations inconsistent with the Georgia Emergency Management Act of 1981 or with any order, rule, or regulation issued under the authority of the Georgia Emergency Management Act of 1981 or this ordinance shall be suspended during a Declaration of Local Emergency to the extent that the conflict exists. 20141023CityCouncilPacket Page 122 of 147 20141017/jrl c. In order to attain uniformity so far as practicable throughout the United States in measures taken to aid emergency management, all actions taken under the authority of the Georgia Emergency Management Act of 1981 and this ordinance and all orders, rules, and regulations made pursuant thereto shall be taken or made with due consideration to the orders, rules, regulations, actions, recommendations, and requests of federal authorities relevant thereto and, to the extent permitted by law, shall be consistent with such orders, rules, regulations, actions, recommendations, and requests. Emergency Management and Response Powers: 1. Declaration of Local Emergency: a. Grant of Authority: In the event of an actual or threatened occurrence of a disaster or emergency, which may result in the large-scale loss of life, injury, property damage or destruction, or in the major disruption of routine community affairs, business or governmental operations in the city and which is of sufficient severity and magnitude to warrant extraordinary assistance by federal, state and local departments and agencies to supplement the efforts of available public and private resources, the Mayor of Tybee Island may declare a local emergency for Tybee Island. The form of the declaration shall be similar to that provided by this code section. b. Request for State Assistance: Consistent with a Declaration of Local Emergency, the mayor may request the governor to provide assistance, provided that the disaster or emergency is beyond the capacity of the city to meet adequately and state assistance is necessary to supplement local efforts to save lives and protect property, public health and safety, or to avert or lessen the threat of a disaster. b. Continuance: The Declaration of Local Emergency shall continue until the mayor finds that emergency conditions no longer exist, at which time, the mayor shall execute and file with the Tybee Island City Clerk a document marking the end of the Declaration of Local Emergency. No state of local emergency shall continue for longer than 30 days, unless renewed by the mayor. The Tybee Island City Council may, by resolution, end a Declaration of Local Emergency at any time. 20141023CityCouncilPacket Page 123 of 147 20141017/jrl d. Effect of Declaration of Local Emergency: (1) Activation of the EOP. A declaration of emergency by the governor or a declaration of local emergency by the mayor shall automatically activate the city EOP and shall be the authority for deployment of personnel and use of any forces to which the plan applies and for use or distribution of any supplies, equipment, materials, and facilities assembled, stockpiled or arranged to be made available pursuant to the Georgia Emergency Management Act or any other laws applicable to emergencies or disasters. (a) The Mayor of Tybee Island shall have the legal authority to exercise the powers and discharge the duties conferred upon the emergency management agency, including the implementation of the EOP, coordination of the emergency responses of public and private agencies and organizations, coordination of recovery efforts with state and federal officials, and inspection of emergency or disaster sites. (b) In responding and conducting necessary and appropriate investigations, the mayor or his/her designee is authorized to enter at a reasonable time upon any property, public or private, for the purpose of investigating and inspecting sites involved with emergency management functions. The mayor is authorized to execute a right of entry and/or agreement to use property for these purposes on behalf of the city; however, any such document shall be later presented for ratification at a meeting of the city council. (c) No person shall refuse entry or access to any authorized representative or agent of the county who requests entry for purposes of inspection, and who presents appropriate credentials. Nor shall any person obstruct, hamper or interfere with any such representative while that individual is in the process of carrying out his or her official duties. (2) Emergency Powers: Following a Declaration of Local Emergency and during the continuance of such Declaration, the mayor is authorized to implement local emergency measures to protect life and property or to bring the emergency 20141023CityCouncilPacket Page 124 of 147 20141017/jrl situation under control. In exercising this authority, the mayor may cause to become effective any of the following sections of this chapter as appropriate as well as any other emergency powers conferred upon the mayor by law. If any of these sections are included in a Declaration of Local Emergency, the same shall be filed in the Office of the City Clerk and shall be in effect until the Declaration of Local Emergency has terminated. (3) Authority to Waive Procedures and Fees: Pursuant to a Declaration of Local Emergency, the Tybee Island City Council is authorized to cause to be effective any of the subsections of this article as appropriate. The implementation of such subsections shall be filed in the Office of the City Clerk. (4) Additional Emergency Powers. The mayor shall have, and may exercise for such period as the declared emergency exists or continues, the following additional emergency powers: (a) To enforce all laws, rules, and regulations relating to emergency management and to assume direct operational control of all civil forces and helpers in the city; (b) To direct and compel the evacuation of all or part of the population from any stricken or threatened area, for the preservation of life or other disaster mitigation, response or recovery; (c) To control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein; (d) To prescribe routes, modes of transportation and destinations in connection with evacuation; (e) To make provision for the availability and use of temporary emergency housing, emergency shelters and/or emergency medical shelters; (f) To transfer the direction, personnel or functions of any county departments and agencies or units thereof for the purpose of performing or facilitating emergency services; 20141023CityCouncilPacket Page 125 of 147 20141017/jrl (g) To utilize all available resources of the city and subordinate agencies over which the city has budgetary control as reasonably necessary to cope with the emergency or disaster; to include but not be limited to the city's State of Local Emergency Compensation Policy; (h) To suspend any law, code provision or regulation prescribing the procedures for conduct of city business, or the orders, rules or regulations of any city agency, if strict compliance with any ordinance, resolution, order, rule or regulation would in any way prevent, hinder or delay necessary action in coping with the emergency or disaster, provided that such suspension shall provide for the minimum deviation from the requirements under the circumstances and further provided that, when practicable, specialists shall be assigned to avoid adverse effects resulting from such suspension; (i) To provide benefits to citizens upon execution of an intergovernmental agreement for grants to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by an emergency or disaster in cases where the individuals or families are unable to meet the expenses or needs from other means, provided that such grants are authorized only when matching state or federal funds are available for such purposes; (j) To perform and exercise such other functions, powers and duties as may be deemed necessary to promote and secure the safety and protection of the civilian population, including individuals with household pets and service animals prior to, during and following a major disaster or emergency; (k) To conduct the affairs and business of the city at places other than the regular or usual location, within or outside of the city, when it is not prudent, expedient or possible to conduct business at the regular location. When such meetings occur outside of the city, all actions taken by the mayor and council shall be as valid and binding as if performed within the city. Such meetings may be called by the presiding officer 20141023CityCouncilPacket Page 126 of 147 20141017/jrl or any two members of the governing body without regard to or compliance with time- consuming procedures and formalities otherwise required by law. (1) To contract for public works without letting such contract out to the lowest, responsible bidder and without advertising and posting notification of such contract for four weeks; provided, however, that the emergency must be of such nature that immediate action is required and that the action is necessary for the protection of the public health, safety and welfare. Any public works contract entered into pursuant to this subsection shall be entered on the minutes of the county as soon as practical and the nature of the emergency described therein in accordance with O.C.G.A. § 36-91-22(e). (m) To suspend the purchasing ordinances, regulations or policies. City officials shall continue to seek to obtain the best prices during the State of Local Emergency. (n) To temporarily suspend the enforcement of the ordinances of the city, or any portion thereof, where the emergency is of such nature that immediate action outside the code is required, such suspension is consistent with the protection of the public health, safety and welfare, and such suspension is not inconsistent with any federal or state statutes or regulations. (o) To coordinate the exercise of the above emergency powers within the City of Tybee Island. 2. Formal of Declaration of Local Emergency: Upon the Declaration of Local Emergency, an official "Declaration of Local Emergency," in substantially the same form set forth in Appendix 1, shall be signed and filed in the Office of the City Clerk and shall be communicated to the citizens of the affected area using the most effective and efficient means available. The declaration shall state the nature of the emergency or disaster, the conditions that require the declaration and any sections of this article which shall be in effect. All emergency powers permitted under the state statutes contained in O.C.G.A. §38-3-27 et seq., and as set forth in section 4- 310(d) of the Tybee Island ordinance regarding emergency 20141023CityCouncilPacket Page 127 of 147 20141017/jrl management, shall be in full force and effect during the declaration of local emergency and shall be implemented as needed to address any emergency or disaster. Overcharging Prohibited: In order to preserve, protect or sustain the life, health or safety of persons, or their property, within the city limits of Tybee Island designated in a declaration of emergency, it shall be unlawful, during the duration of the emergency or subsequent recovery period, for any person, firm or corporation located or doing business within the city limits to overcharge for any goods, materials, foods, equipment, supplies, services, labor, motel rooms, temporary lodging or houses, sold or rented, within the City of Tybee Island. 1. Definitions: a Overcharging means charging prices for goods, materials, foods, equipment, supplies, services, labor, motel rooms, temporary lodging or houses, which are in excess of the customary charges by 25% or, inapplicable cases, in excess of the suppliers' or providers' costs for such goods, materials, foods, equipment, supplies, services, labor, motel rooms, temporary lodging or houses, by 25%. The existence of overcharging shall be presumed from a 25% increase in the price at which the merchandise or rate, fee, cost/rental of housing was offered in the usual course of business immediately prior to the onset of the emergency, but shall not include increases in cost to the supplier directly attributable to the higher cost of material, supplies and labor costs resulting from the emergency. b Subsequent Recovery Period means that period during which the emergency continues to cause disruptions in the area designated in the Declaration of Local Emergency, but shall not exceed six months after the Declaration of Local Emergency has been terminated. 2. This section shall become effective only upon the signing of a Declaration of Local Emergency and the signing of a declaration stating that it is in effect. Zoning Regulations Suspended. 1. In order to preserve, protect or sustain the life, health, welfare or safety of persons, or their property, within the Tybee Island city limits designated in a Declaration of Local Emergency, temporary mobile/ manufactured/ industrialized homes, travel trailers, recreational vehicles, campers or mobile/manufactured/industrialized home 20141023CityCouncilPacket Page 128 of 147 20141017/jrl parks, campgrounds or other living areas may be located on property approved by the Tybee Island City Council in any zoning district. The parks, campgrounds or other living areas shall be designed by an engineer and plans shall be approved by the Tybee Island Planning and Zoning Department. Permits may be issued by the planning and zoning department to establish temporary mobile/manufactured/ industrialized homes or mobile/manufactured/industrialized home parks for a period not to exceed 18 months. Such approval may only be extended by the Tybee Island City Council beyond eighteen months after a public hearing and a demonstrated finding of necessity on behalf of the city council. Except as provided herein, the Tybee Island Land Development Code shall remain in full force and effect. 2. This section shall become effective only upon the signing of a Declaration of Local Emergency and the signing of a declaration stating that it is in effect. Emergency Business License: 1. Before conducting any business within an area within the Tybee Island city limits designated in a Declaration of Local Emergency, a business license shall be obtained and posted at the work site. Said business license shall expire at the end of 12 months. The cost of the emergency business license shall be equal to the cost for a license issued under current regulations for the business conducted. 2. Applicants shall provide the following information when applying for a temporary business license: a. Name of applicant; b. Permanent address and telephone number of applicant; c. Local address and telephone number of applicant; d. Applicant's date of birth and age, if an individual; e. Applicant's social security number or federal employer identification number; f. If applicant is a corporation, the state and date of incorporation; g. Tag registration for each vehicle to be used in the business; h. List of cities where business has been conducted by the applicant within the past 12 months; i. Georgia sales tax number or authorization; 20141023CityCouncilPacket Page 129 of 147 20141017/jrl j. Georgia state business license number, if required; 3. The temporary business license application shall be signed under oath by the applicant. 4. This section shall become effective only upon the signing of a Declaration of Local Emergency and the signing of a declaration stating that it is in effect. Registration of Building and Repair Services: 1. In accordance with O.C.G.A. § 38-3-56, before building, constructing, repairing, renovating or making improvements to any real property, including dwellings, homes, buildings, structures or fixtures within the city limits designated in a Declaration of Local Emergency, any person, firm, partnership, corporation or other entity must register with the planning and zoning departmet and secure a building permit that is posted at the work site. Each day any such entity does business within the city limits without complying with this ordinance constitutes a separate offense. 2. The cost of registration fees in a Declaration of Local Emergency is fixed at $ per annum. Registration is nontransferable. The cost of the emergency building permit shall be equal to the cost for a building permit under existing regulations. The permit shall only be authorized for repairs. 3. Before repairing any structure within an area within the city limits designated in a Declaration of Local Emergency, a building permit must be obtained and posted at the work site. The cost of the emergency building permit shall be equal to the cost for a building permit under current regulations. The permit shall only be authorized for repairs. Applicants shall provide the following information when applying for a temporary building permit: a. Name of applicant; b. Permanent address and phone number of applicant; c. Local address and telephone number of applicant. d. Applicant's social security number or federal employer identification number; e. If applicant is a corporation, the state and date of incorporation; 20141023CityCouncilPacket Page 130 of 147 20141017/jrl f. Tag registration information for each vehicle to be used in the business; g. List of cities and/or counties where the applicant has conducted business within the past 12 months; h. Georgia sales tax number or authorization; i. Georgia business license number, if required; j. Copy of license from the secretary of state, if required. 4. Effective Date: This section shall become effective only upon a Declaration of Local Emergency stating this section is in effect. Unless otherwise specified in the Declaration of Local Emergency or otherwise extended by the city council, the provisions of this code section shall remain in effect during the Declaration of Local Emergency and for a subsequent recovery period of three months. Section 1 Closed or Restricted Areas and Curfews During Emergency: 1. To preserve, protect or sustain the life, health, welfare or safety of persons, or their property, within a designated area under a Declaration of Local Emergency, it shall be unlawful for any person to travel, loiter, wander or stroll in or upon the public streets, highways, roads, lanes, parks or other public grounds, public places, public buildings, places of amusement, eating places, vacant lots or any other place during a declared emergency between hours specified by the mayor until the curfew is lifted. 2. To promote order, protect lives, minimize the potential for looting and other crimes, and facilitate recovery operations during an emergency, the mayor shall have discretion to impose reentry restrictions on certain areas. The mayor shall exercise such discretion in accordance with the City Emergency Operations Plan, which shall be followed during emergencies. 3. The provisions of this section shall not apply to persons acting in the following capacities: a. Authorized and essential law enforcement personnel; b. Authorized and essential health care providers; c. Authorized and essential personnel of the city; d. Authorized national guard or federal military personnel; e. Authorized and essential firefighters; f. Authorized and essential emergency response personnel; 20141023CityCouncilPacket Page 131 of 147 20141017/jrl g. Authorized and essential personnel or volunteers working with or through the county emergency management agency (CEMA); h. Authorized and essential utility repair crews; i. Citizens seeking to restore order to their homes or businesses while on their own property or place of business; j. Other authorized and essential persons as designated on a list compiled by EMA, the city manager, and/or chief of police. 4. Enforceability: This section shall be enforced by officers of the law enforcement personnel approved to provide aid and assistance during the emergency. Nothing contained in this section shall prohibit a law enforcement officer from bringing other charges under state law. 5. Effective Date: This section shall become effective only upon the signing of a Declaration of Local Emergency, stating this section is in effect. Section 2 Enforcement and Remedies 1. Law Enforcement: a. The Tybee Island Police Department, and the officers of any other law enforcement agency authorized by the Tybee Island Police Chief and approved by the mayor to provide aid and assistance shall be authorized to enforce the orders, rules and regulations contained in this chapter and/or implemented by the mayor or local governing authority during an emergency. b. Nothing in this section shall prohibit a law enforcement officer from bringing additional charges under state law. 2. Penalties: Failure to comply with any of the requirements or provisions of the regulations contained in this chapter, or with any code section, order, rule or regulation made effective by the mayor or local governing authority upon or after the declaration of an emergency shall constitute a violation of the provisions of this chapter. Any person who violates any provision in this chapter shall, upon conviction thereof, be guilty of a misdemeanor punishable by a fine not exceeding $1,000.00, imprisonment for a term not exceeding 60 days, or both such fine and imprisonment, for each violation. Each person assisting in the commission of a violation shall be guilty of separate offenses. Each day during which a violation or failure to comply continues shall constitute a separate violation. 3. Injunctive Relief: 20141023CityCouncilPacket Page 132 of 147 20141017/jrl In accordance with O.C.G.A. § 38-3-5, in addition to the remedies prescribed in this section, the mayor is authorized to obtain an injunction to restrain violation of laws, code sections, orders, rules and regulations which are contained in the Georgia Emergency Management Act and/or this code, and/or which are implemented by the local governing authority during a declared emergency. 4. Liberality of Construction: This ordinance shall be liberally construed in favor of the governing body of Tybee Island and deemed neither to limit nor repeal any other powers granted under state statutes. Section 3. Regulations Continued in Effect: All ordinances, resolutions, motions and orders pertaining to civil defense, emergency management and disaster relief, which are not in conflict with this article, are continued in full force and effect. Such ordinances, etc., are on file in the office of the Tybee Island City Clerk. Mayor, Tybee Island, Georgia BE IT FURTHER ORDAINED that this ordinance shall become effective upon its approval So ordained this day of Tybee Island City Council, Georgia Attest: City Clerk DECLARATION OF LOCAL EMERGENCY STATE OF GEORGIA City of Tybee Island WHEREAS, Tybee Island, Georgia has experienced an event of critical significance as a result of[description of event] on [date]; and 20141023CityCouncilPacket Page 133 of 147 20141017/jrl WHEREAS, in the judgment of the Mayor of Tybee Island, with advice from the Chatham Emergency Management Agency, there exist emergency circumstances located within the Tybee Island city limits requiring extraordinary and immediate corrective actions for the protection of the health, safety and welfare of the citizens of Tybee Island, including individuals with household pets and service animals; and WHEREAS, to prevent or minimize injury to people and damage to property resulting from this event. NOW, THEREFORE, pursuant to the authority vested in me by local and state law; IT IS HEREBY DECLARED that a local state of emergency exists and shall continue until the conditions requiring this declaration are abated. THEREFORE, IT IS ORDERED: 1. That the Tybee Island City Council activate the Emergency Operations Plan; 2. That the following sections of the Tybee Island Disaster Recovery Ordinance be implemented: [If deemed appropriate, choose from the following: Overcharging Prohibited; Zoning Regulations Suspended; Emergency Business License; Emergency Building Permit; Closed or Restricted Areas and Curfew during Emergency; Liberality of Construction, Enforcement and Penalty for Violation; 3. That the following measures also be implemented: [Select items or such other measures as may be appropriate.] ENTERED at [time] on [date]. 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