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HomeMy Public PortalAbout130_050_23-2011 (A) Sec 3-100 07 26 11 ORDINANCE NO. 23-2011(A) AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO SEC. 3-100 FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers, and WHEREAS, the City of Tybee Island so as to amend in particular Section 3-100 pertaining to beach, dune and vegetation disturbance, and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that Section 3-100 of the Land Development Code of the City of Tybee shall be amended so as to hereafter provide as follows: Sec. 3-100. Beach, dune or vegetation disturbance/crossover maintenance and construction It shall be unlawful for any person in any manner to damage, destroy, remove or alter in any way the beach, dunes or vegetation thereon in the area within the jurisdiction of the Department of Natural Resources under the Shore Protection Act (O.C.G.A. 12-5-230, et seq. without having first obtained the proper federal, state and local permits. For other than City projects, replacement of decking boards and/or handrails, or approved special events, special review shall be required for any alteration, construction, or disturbance of beach, dunes or vegetation thereon. Special review shall be required for any alteration, construction or disturbance of beach, dunes or vegetation thereon including the alteration or construction of dune crossovers; provided, however city projects, approved special events or the maintenance of existing dune crossovers, including the replacement of supports, decking boards, pilings and or handrails, for placement in the same location as then currently exist, shall not require special review.Special review is not required for City projects. Within any area within the jurisdiction of the Department of Natural Resources under the Shore Protection Act (O.C.G.A. 12-5-230, et seq.), there shall be a ten (10) foot setback measured from the landward toe of the landward-most dune as delineated by the Georgia Department of Natural Resources. It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such intention. This Ordinance shall become effective on ________ day of __________________, 2011. ADOPTED THIS DAY OF , 2011. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: EMH/TYBEE/ORDINANCES/2011/13-2011 Sec. 3-100 07.26.11