HomeMy Public PortalAbout20160919_PC_PACKETPLANNING COMMISSION
Demery Bishop
Ron Bossick
Marianne Bramble
Tina Gann
John King
Charles Matlock
David McNaughton
A. Call to Order:
CITY MANAGER
Diane Schleicher
COMMUNITY DEVELOPMENT DIRECTOR
George Shaw
Planning Commission Meeting
AGENDA
September 19, 2016 — 7:00 p.m.
for City Council Meeting October 13, 2016 — 7.•00 p.m.
B. Consideration of Minutes:
1. Meeting of August 15, 2016
C. Disclosures/Recusal:
D. Old Business:
E. New Business:
1. Text Amendment — Section 3-080 — off street parking requirements.
CITY ATTORNEY
Edward M. Hughes
2. Text Amendment — request of amendment to the soil erosion, sedimentation and pollution control:
Article 15 — Section IV number 17
Adjournment:
Lisa L. Schaaf
PLANNING COMMISSION
Demery Bishop
Ron Bossick
Marianne Bramble
Tina Gann
John King
Charles Matlock
David McNaughton
Planning Commission Meeting
MINUTES
August 15, 2016 — 7:00 p.m.
CITY MANAGER
Diane Schleicher
COMMUNITY DEVELOPMENT DIRECTOR
George Shaw
CITY ATTORNEY
Edward M. Hughes
Standing in as Chair Commissioner Bramble called the August 15, 2016 Tybee Island Planning Commission meeting to
order. Commissioners present were Marianne Bramble, Tina Gann, John King, Charles Matlock and David
McNaughton. Commissioners Ron Bossick and Demery Bishop were not present.
Consideration of Minutes:
Chair Bramble asked for consideration of July 18, 2016 meeting minutes. Commissioner Gann stated that under
the Text Amendment for off street parking requirements her statement was "is not impeding" not "is impeding". Ms.
Schaaf stated she would make the change. Commissioner Matlock made a motion to approve the minutes with
Commissioner Gann's change, Commissioner King seconded, and the vote to approve was unanimous.
Disclosures/ Recusal:
Chair Bramble asked if there were any disclosures or recusals. Commissioner King stated he has had some
business dealings with Keith Gay, but they would have no impact on any of this. There were not others.
Old Business:
Chair Bramble asked if there were any old business, there were none.
New Business:
Variance renuest extension of porch and stairs into the front setback 50113 th Street:
Mr. Shaw approached the commission and stated Ms. Newberry is requesting a front set back variance, she lives at
501 13th Street and currently the front porch is within a few feet of the street six feet two inches from the property
line and it is already in the setback. She is requesting to have the steps come off the front instead of the side it would
increase the encroachment twenty six inches. There is no hardship involved and staff recommends denial.
Commissioner Matlock asked if this is two variances one for the steps and one for the extension of the porch and
can we vote on each separately. Mr. Shaw stated yes that is correct. Ms. Newberry approached the commission
and stated she lives on Wilmington Island currently and when she finishes the cottage at 501 13th she will move
there. She stated that she thinks it is important to fix up the old cottages on Tybee to preserve some of the charm on
the island. She also stated that her contractor found a way to only have two steps coming off the front instead of
four. She also wanted to point out that the this house is on a corner lot and the majority of the houses in this area
the front porches face the avenues and mine faces the numbered street which is longer and reduces the area by
25%. Ms. Newberry stated she surveyed two of her neighbors steps and she is not asking to do anything more than
what both of my neighbors have already done. Commissioner King asked Ms. Newberry if she does not want to
extent the porch towards 13th Street it's just the steps. Ms. Newberry answered that is right. Commissioner
Matlock asked what the distance is form the sidewalk. Ms. Newberry answered the sidewalk is a little over eight
feet from my front porch not the steps. Commissioner Matlock made two motions (1) to approve the extension of
the porch as proposed; there was no second so the motion died. Motion (2) to oppose the relocation of the steps,
seconded my Commissioner McNaughton, the motion to oppose was unanimous.
Ma Amendment — reguest to rezone two adjacent parcels from C-2 to R-2: Keith Gay Hwy. Sp
Mr. Shaw stated that the applicant would like to rezone two lots on Hwy 80 from C-2 to R-2 the lots are between
Tybee Oaks and Byers Street. The two empty lots are surrounded by residential houses and staff feels that the
residential use is more appropriate because of what is already there. If a commercial site went in it would not be
welcomed by the residents that live around it. Commissioner King asked wily we are not looking to change
everything from Tybee Oaks to Teresa lane to residential. Mr. Shaw stated that would be most appropriate but
generally the government doesn't initiate the rezoning's of individual lots, the owners do. Commissioner
McNaughton stated we are looking at islands surrounded by residential and he sees no reason not to go ahead and
rezone these two lots to match the surrounding area. Commissioner Bramble stated these are not isolated.
Commissioner King stated that if these are rezoned it would reduce the potential buyers for commercial property.
Mr. Gay approached the Planning Commission and stated that before George came on the city allowed spot zoning
which was C-1 and C-2, you could build down or less condensed space. Now the ordinance has changed and in C-2
you can only build C-2. Mr. Gay also stated he has talked to all the residence that live in this area and they would
rather have residential not commercial. He stated he would be building two sets of town homes on the two lots.
Commissioner Bramble stated that DOT will give them only one curb cut. Mr. Gay stated there is already one
there and they may require them to put a second one in for in and out. Commissioner McNaughton made a
motion to approve, Commissioner King seconded and the vote to approve was three to two McNaughton, King and
Gann approve and opposed were Matlock and Bramble, the vote to approve passes.
Variance — reguest extension of Porch into the rear setback: Philip Alletto 35 Pulaski Street.
Mr. Shaw stated that the applicant would like square off the deck on the second and third floor of the house and put
in a second egress. The current deck railing does not meet code and needs to be updated. The stairways as you
know is in the process of allowing that with zoning administrator approval in the setback for safety reasons, which
does not apply to the third floor. Mr. Shaw stated staff would be more inclined to recommend approval if it was just
the stairway from the second floor to the ground so staff recommends denial. Commissioner McNaughton asked
is this a variance request because they are in the setback. Mr. Shaw stated the whole house is already in the
setback so they are encroaching further into the setback. Commissioner King asked if the steps would encroach on
the side setback and is it possible to build a stairway that would not require a variance. Mr. Shaw stated he does not
know for a fact but there is an out building in the corner and the applicant stated that it may get in the way if they
ran a stairway from the existing deck down. Mr. Alletto approached the Planning Commission and stated they are
full time occupants at 35 Pulaski Street. And he stated that this is a safety concern with them trying to create a
second egress both from the third floor and the second and also trying to bring up to code what is there now. He also
stated that the deck railings are a problem for our grandkids with the wrong type of railing. The spiral staircase from
the third floor would block the exit from the house if it were in any other spot. Our neighbors support this addition.
Commissioner McNaughton asked Mr. Alletto what are detentions of the upper deck and did you consider a spiral
staircase all the way down. Mr. Alletto stated the dimensions are eight foot by five foot, and there is a screen porch
and the car port is at the bottom so the steeps would block those entrances. Commissioner Bramble stated the
deck is in disrepair so you also want to add to it. Mr. Alletto answered yes for safety. Mr. Thompson approached
the commission and stated he lives at 33 Pulaski and is a neighbor of Mr. Alletto and he is here to support the
addition of the stairs for safety and also make it a more useable deck then when it was built back in the mid nineteen
ninety's. Commissioner Matlock made a motion to approve and was seconded by Commissioner King, the vote
to approve was four to one, Commissioners Matlock, Bramble, King and Gann approve and Commissioner
McNaughton opposed. The vote to approve passes.
Commissioner Matlock made the motion to adjourn.
8:00pm
Lisa L. Schaaf
Project ID Description Name Property Status Applied Date Issued Date Dwelling Type Project Type
160431
IREPAIR RESIDENTIAL BLDG
1CONSOLIDATED SERVICES
11315 CHATHAM
10pen
08/01/2016
08/01/2016
1 Private
ICON.ST
160432
TREE REMOVAL
SOLOMON'S TREE 5ER & DOCK WORK
11 TYBEE TERRACE COTTAG
Open
08/01/2016
08/01/2016
Private
TREE
I60433
IREPAIR RESIDENTfAL BLDG
KITCHENS MACK
202 JONES AVE
Open
08/01/2016
08/01/2016
Private
CONST
160434
MECHANICAL PERMIT
CHRISTOPHER RYALS
103 D 2ND AVE
Open
08/03/2016
08/03/2016
Private
MECH
160436
REPAIR RESIDENTIAL BLDG
BARRY BROWN
302 2ND AVE
Open
08/03/2016
08/03/2016
Private
CONST
160437
TREE REMOVAL
SOLOMON TOMMY
1 SHIRLEY RD
Open
08/03/2016
08/03/2016
Private
TREE
160438
TREE REMOVAL
CHATHAM HOME BUILDERS
6 ROSEWOOD AVE
Complete
08/03/2016
08/03/2016
Private
TREE
160439
REPAIR RESIDENTIAL BLDG
TONY REARDON CONSTR CO, INC
LOT 3 & 4 8TH ST
Open
08/03/2016
08/03/2016
Private
CONST
160440
MECHANICAL PERMIT
GALBREATH & SONS INC
502 3RD ST. A
Open
08/04/2016
08/04/2016
Private
MECH
160441
REPAIR RESIDENTIAL BLDG
REALTY MAINTENANCE
7 JONES AVE
Open
08/04/2016
08/04/2016
Private
CONST
160442
INSTALL FENCE
GRAZYNA PYTOWSKA
10JONES AVE
Open
08/04/2016
08/04/2016
Private
CONST
160443
ELECTRICAL PERMIT
DARREN HODGES
5TH AVE & 1ST ST
Complete
08/05/2016
08/05/2016
Private
CONST
160444
REPLACE HEAT PUMP SYSTEM
MIKE WILSON
1209 BUTLER
Open
08/09/2016
08/09/2016
Private
MECH
160445
TREE REMOVAL
GREG FOWLER
409JONES
Complete
08/09/2016
08/09/2016
Private
TREE
160446
DRIVEWAY, PATIO
TIM MARKIN
504 SEVENTH ST
Open
08/10/2016
08/10/2016
Private
160447
SHALLOW WELL FOR IRRIGATION
CHRIS & KIM NICHOLSON
2 BEACHWOOD COURT
Open
08/10/2016
08/10/2016
Private
WELL
160448
REPAIR STRUCTURAL DAMAGE
NANCY ESCHETTE
7 SHIPWATCH LANE
Open
08/12/2016
08/12/2016
Private
CONST
160449
STREET CUT
TOM MCKENNA
503 EIGHTH STREET
Open
08/12/2016
08/12/2016
Private
STREET
160450
SWIMMING POOL/FENCE-RESIDENTL
KEVIN MACATIER
1515 MILLER AVENUE
Open
08/12/2016
08/12/2016
Private
SWIM POOL
160451
REPAIR RESIDENTIAL BLDG
JOEL MOSS
2 MEDDIN DRIVE
Open
08/12/2016
08/12/2016
Private
CONST
160452
REPAIR RESIDENTIAL BLDG
NEW OWNER
11 LIGHTHOUSE LANE
Open
08/15/2016
08/15/2016
Private
CONST
160453
REPLACE WINDOW
CARL HUTCHINSON
1705 STRAND 2
Open
08/15/2016
08/15/2016
Private
CONST
160454
NEW ROOF
NEW OWNER
11 LIGHTHOUSE LANE
Open
08/16/2016
08/16/2016
Private
CONST
160455
NEW HVAC
KITTY WILLIAMS
705 LOVELL AVE
Open
08/29/2016
08/29/2016
Private
MECH
160456
EXPAND ROOF LINE OVER KIOSK
RIVERS END CAMPGROUND & CABIN
5 FORT AVENUE
Complete
08/16/2016
08/16/2016
Private
CONST
160457
REPAIR RESIDENTIAL BLDG
JANET WILL
10 MEDDIN LANE
Open
08/16/2016
08/16/2016
Private
CONST
160458
SWIMMING POOL/FENCE-RESIDENTL
DAWN PETERSON
6 CEDARWOOD AVENUE
Open
08/16/2016
08/16/2016
Private
SWIM POOL
160459
MINOR CONSTRUCTION
ROBERT MORRIS
1009 SECOND AVENUE
Open
08/16/2016
08/16/2016
Private
CONST
160460
TREE REMOVAL - DEAD TREE
ALEN DUCAN
1211 SECOND AVENUE
Open
08/17/2016
08/17/2016
Private
TREE DEAD
160461
BUILD SCREEN PORCH
WHITLEY REYNOLDS
611 SIXTH STREET
Open
08/17/2016
08/17/2016
Private
CONST
160462
NEW SINGLE FAMILY HOME
SALTWIND
1311 MILLER AVENUE
Open
08/31/2016
08/31/2016
Private
CONST
160463
REPLACE HP SYSTEM
ERIK DEADWYLER
7 OCEAN VIEW COURT 302
Open
08/19/2016
08/19/2016
Private
MECH
160464
WINDOWS AND DOORS REPLACED
MARTY MITCHELL
3 MILLER AVENUE
Open
08/19/2016
08/19/2016
Private
CONST
160465
INSTALL FENCE
JENNY ORR
3 SILVER AVENUE
Open
08/19/2016
08/19/2016
Private
CONST
160466
REPAIR/REPLACE DECKING,STUCCO,
PAUL HENCE
30 NAYLOR AVENUE A
Open
08/19/2016
08/19/2016
Private
CONST
160467
NEW ROOF
DABNEY EDENFIELD
1316 BAY
Open
08/22/2016
08/22/2016
Private
CONST
160468
TREE REMOVAL
NORTHWAVES
TERESA
Complete
08/22/2016
08/22/2016
Private
TREE
160469
TREE REMOVAL
SHERRY WARD
7 TERESA LANE
Complete
08/22/2016
08/22/2016
Private
TREE
160470
REPAIR METAL ROOF
WENDY HAYLER
5 ALLEY 3
Open
08/22/2016
08/22/2016
Private
CONST
160471
TREE REMOVAL
ROBERT RICE
133A LEWIS AVENUE
Complete
08/22/2016
08/22/2016
Private
TREE
160472
REMOVE VINYL SIDING
ROBERT ADKINS
1107 JONES
Open
08/22/2016
08/22/2016
Private
CONST
160473
REPLACE HVAC
BEACHSIDE COLONY
404 BUTLER 634
Open
08/23/2016
08/23/2016
1 Private
MECH
160474
REPLACE HVAC
ANDI GUNN
1 FIFTH AVENUE
Open
08/23/2016
08/23/2016
1 Private
MECH
160475
REPAIR DECK BOARDS
I KEN BENNETT
101 NINETEENTH STREET
lOpen
08/24/2016
08/24/2016
JPrivate
ICONST
160476
ITREE REMOVAL
NANCY SHULL
11115 SOLOMON AVENUE
10pen
08/24/2016
08/24/2016
1Private
ITREE
160477
124 SOLAR PANELS
MELVIN BRYAN
114 N CAMPBELL
10pen
08/24/2016
08/24/2016
1 Private
CONST
160478
ICHANGE OUT HVAC
ALLEN CLEARMAN
18 TERESA LANE
Open
08/25/2016
08/25/2016
Private
CONST
160479
REPLACE HVAC SYSTEM
RANDY BISHOP
8 PALMWOOD CT
Open
08/25/2016
08/25/2016
Private
MECH
160480
TREE REMOVAL/TRANSPLANT
FRANK KONCUL
1311 MILLER AVENUE
Open
08/25/2016
08/25/2016
Private
TREE
160481
TREE REMOVAL
CARRIE&SCOTT EFIRD
803 JONES AVENUE
Complete
08/25/2016
08/25/2016
Private
TREE
160482
DOCK/CROSSOVER - RESIDENTIAL
TOMAS FALL
1515 CHATHAM AVENUE
Open
08/25/2016
08/25/2016
Private
CONST
160483
INSTALL FENCE PANELS AND POST
JENNY ORR
3 SILVER AVE
Complete
08/25/2016
08/25/2016
Private
CONST
160484
DRIVEWAY
HUGH BEASLEY
606JONES
Open
08/26/2016
08/26/2016
Private
160485
SWIMMING POOL/FENCE-RESIDENTL
RANDOLPH BISHOP
8 PALMWOOD COURT
Open
08/26/2016
08/26/2016
Private
SWIM POOL
160486
REPLACE 10 WINDOWS & 2 DOORS
MATT MCCLUSKEY
904 BUTLER
Open
08/26/2016
08/26/2016
Private
CONST
160487
INSTALL FENCE 60'
LISA DUCKWORTH
703 SECOND AVE
Open
08/26/2016
08/26/2016
Private
CONST
160488
RENOVATE KITCHEN
TIM&MARLENE CAIRNEY
9 CARPENTER RD
Open
08/26/2016
08/26/2016
Private
CONST
160489
DRIVEWAY, PATIO
JESSIE COLE
304 THIRTE€NTH ST
Open
08/29/2016
08/29/2016
Private
160490
RLSTORE HISTORIC SIDING
BOB HOFFMAN
1706 BUTLER
Open
08/29/2016
08/29/2016
Private
CONST
160491
REDO CARPORT ROOF
ROBERT ADKINS
1107 JONES
Open
08/29/2016
08/29/2016
Private
CONST
160492
REPLACE HVAC
MIKE RIDGEWAY
404 BUTLER 636
Open
08/29/2016
08/29/2016
Private
MECH
160493
REDO HVAC
GRACE LACY
705 BUTLER
Open
08/29/2016
08/29/2016
Private
MLCH
160494
REPLACE ROOF
JOSEPH&CINDY WHITAKER
909 LOVELL
Open
08/30/2016
08/30/2016
1 Private
ICONST
160495
REPAIR 1ST & 2ND FLOOR DECKS
611 PROPLRTIES INC
6 ELEVENTH STREET
Open
08/31/2016
08/31/2016
Private
CONST
IL 6-01
ILAND DISTURBING
I FRANK KONCUL
1311 MILLER AVENUE
Open
08/25/2016
08/25/2016
1 Private
CONST
LOCATION: NIA
STAFF REPORT
PLANNING COMMISSION MEETING: September 19, 2016
CITY COUNCIL MEETING: October 13, 2016
APPLICANT: City of Tybee Island
EXISTING USE: NIA
ZONING: NIA
COMMUNITY CHARACTER MAP: NIA
OWNER: NIA
PROPOSED USE: N/A
USE PERMITTED BY RIGHT: NIA
APPLICATION: Text amendment to Sec. 3-080 Off -Street parking requirements
PROPOSAL: The applicant is requesting amend Sec. 3-080 (D) replacing existing list of requirements with more
extensive table of uses.
ANALYSIS: The purpose of this text amendment is to create a more extensive list of uses and to reduce, some of
the current requirements to reflect the multimodal traffic patterns on the island.
STAFF FINDING
This amendment is designed to make parking requirements clearer and ease the parking restrictions for some uses
Staff recommend approval.
ATTACHMENTS
A. Text amendment
1
This Staff Report was prepared by George Shaw.
Sec. 3-080. - Off-street parking requirements.
(A) In all zoning districts, handicapped parking shall be provided as required by the O.C.G.A. tit. 30,
Accessibility Code.
(B) Residential district parking requirements and residential off-street parking requirements. Off-street
parking facilities shall be provided and maintained on site for all buildings, structures or premises
being used in whole or in part for residential purposes, or for any other use permitted in residential
districts.
(1) Residential dwelling units. For every dwelling unit, there shall be provided at least two off-street
parking spaces. A caretaker's cottage is a separate dwelling unit and shall be provided at least
two off-street parking spaces.
(2) Nursing homes, hospitals. One parking space for each five patient beds, plus one space for
each staff doctor, plus one space for each employee on the largest shift.
(3) Theaters, auditoriums, gymnasiums and other places of assembly. One parking space for each
four seats provided in the main auditorium or for each 50 square feet of floor area available for
the accommodation of movable seats in the largest assembly room or area.
(4) Public and private elementary and secondary schools (except assembly halls, auditoriums and
gymnasium used in conjunction therewith). One parking space for each 200 square feet of
gross floor area devoted to such use.
(5) Private docks. At least two off-street parking spaces must be provided for any private dock
proposed for construction on a lot that has not been otherwise improved. In the event that a
private dock is proposed on a lot that has not been improved, the parking must be off-street (not
on city right-of-way) and pervious.
(C) Control of access to structures used for residential purposes including but not limited to single family,
duplex, triplex, two family, multifamily, townhomes, apartments, time shares, and condominiums
whether owner occupied or held for rental. In order to promote the safety of motorists and
pedestrians, the following regulations shall apply to all newly constructed driveways:
(1) A driveway opening which connects a lot with a public street shall not be greater than 25 feet in
width at the property line. Driveways that serve duplex lots shall not have a width greater than
15 feet per unit measured at the property line. This section is not intended to prevent the
installation of flared driveway ends. These flared ends, when constructed in accordance with
adopted standards and specifications, shall not count towards the width of the driveway,
(2) There shall be no more than two driveway openings on any lot of any width. The total of the
widths at the property line of two driveway openings shall not be greater than 25 feet.
(3) No driveway opening shall be constructed within 25 feet of an intersection, measuring from the
nearest improved portion of the right-of-way. However, in any instance where there is not
adequate space available and other access is not feasible, staff may permit a reduction in the
distance to an intersection from a driveway in order to permit safe access to the property
provided the speed limit on abutting or adjacent roads is 30 miles per hour or less.
(4) No curb on any city street or right-of-way shall be cut or otherwise altered without prior written
approval of the designated city official. Driveway requirements specified in this section,
notwithstanding, staff may issue a permit to a residential property owner to place approved
materials in the city right of way, provided the owner is informed and acknowledges that the city
will maintain the right to initiate any required action within the right of way and that permitting
materials in the right of way shall not create any vested rights in the property owner and such
permission may be terminated at any time. In addition, such permit by staff may only be made in
the event the improvement does not create a safety issue or interfere with city metered parking
and does not violate any city ordinance including, but not limited to, the requirements of section
3-165 to maintain 65 percent of the property setback area as greenspace. If the staff of the
Page 1
building and zoning department finds that a request under this section needs or should have
additional review for any reason, it may request review by the mayor and council or, if the staff
of the building and zoning department declines the applicant's request, the applicant may apply
for the granting of the permit which will result in the application going to the mayor and council.
However, before the mayor and council, a public hearing is not required but action may only be
taken at a public meeting of the mayor and council.
(5) For water quality purposes, all newly constructed driveways and replacements of more than 50
percent of existing driveways serving residential uses shall be constructed of materials
designed to allow retention of the first one inch of stormwater. A new driveway includes the
initial placement of any material on bare soil. Such new driveways and replacements of more
than 50 percent of an existing driveway are subject to permitting and inspection(s). A permit and
inspection(s) are also required for repair of less than 50 percent of an improved driveway. The
retention requirement is based on a 24-hour, 25 -year Tybee III SCS storm. A permit is required
for installation of a new or replacement driveway. An inspection is required of each layer prior to
the next layer being installed. The permit applicant shall be responsible for all engineering fees
incurred by the city for review of materials, even when a material is not approved. Acceptable
materials include:
a. Stone must be either AASHTO #57, #67, #78, or #89 open graded with no fines, or pea
gravel with no fines, or a combination of two or more. Graded aggregate base (also known
as "crusher run" or "crush and run") is not allowed.
b. Standard brick pavers are four -inch by eight -inch with minimum five -sixty -fourths -inch
average continuous joints/borders with eight one -eighth -inch wide spacers per paver filled
with masonry sand. See item (c) for base and header requirements. If larger bricks are
used, thereby creating less linear joint and surface area joint, calculations by a state
licensed design professional must be reviewed and approved by the city. See engineering
fee information in subsection (1).
c. Permeable interlocking concrete pavers (PICP) are solid structural units installed with
openings as described in the coastal stormwater supplement (CSS) through which
stormwater runoff can rapidly pass into the underlying reservoir of a four -inch minimum
depth open -graded stone, no fines. Openings may be filled only with pea gravel or larger
stone, or with masonry sand. A concrete header curb or paver/concrete block ribbon with a
maximum width of eight inches must be installed around the perimeter of the pavers.
Building foundations and garage floors may serve as a portion of the perimeter. The edge
of a paved road may not serve as a perimeter. Flush headers and ribbons are included in
the driveway measurements. To not be included in the driveway measurements a header
or ribbon must be installed lower than the driveway pavers, covered with adequate top soil,
and seeded or sodded to facilitate vegetation.
d. Ribbon driveway designs are normally constructed of concrete but other materials may be
considered. The ribbons are to be a maximum of 18 inches wide with a one to two percent
cross slope to route runoff to adjacent pervious areas rather than down the strips to the
street. The area between the strips may be either grass or stone as described in
subsection (a). The area between the drive strips is to be flush or one -eighth -inch below
the driving strip to encourage the percolation of stormwater runoff between the driving
strips.
e. Concrete grid pavers (CGP) are precast concrete units that allow rainfall and stormwater
runoff to pass through large openings that are filled with pea gravel, sand or topsoil and
turf. A concrete header curb or brick/concrete block ribbon with a maximum width of 12
inches (flush or ane -eighth -inch higher than the contained permeable pavement) must be
installed around the perimeter of the permeable pavement. Building foundations and
garage floors may serve as a portion of the perimeter. The edge of a paved road may not
serve as a perimeter. Header and ribbons are included in the driveway measurements. To
not be included in the driveway measurements a header or ribbon must be installed lower
Page 2
than the driveway pavers, covered with adequate top soil, and seeded or sodded to
facilitate vegetation.
f. Plastic grid pavers (PGP) consist of flexible, interlocking plastic units that allow rainfall and
stormwater runoff to pass through large openings that are filled with gravel, sand or topsoil
and turf. A header curb is required and is included in the driveway measurement.
g. Pervious concrete (also known as porous concrete) is similar to conventional concrete in
structure and form, but consists of a special open -graded surface course, typically four to
eight inches thick, that is bound together with Portland cement.
h. Porous asphalt is similar to pervious concrete, and consists of a special open -graded
surface course bound together by asphalt cement.
For all other proposed materials, calculations are required from a state licensed design
professional demonstrating compliance with the retention requirement of this section.
(D) Commercial off-street parking. Off-street parking facilities shall be provided and maintained for all
structures or premises being occupied or used in whole or in part for commercial activity as follows:
Commercial Parking Requirements
Use Parking Requirement __7
Retail I 1 space per 300 square feet of gross floor area
center 1 1 space per 400 square feet of gross retail floor area
Page 3
Parking requirements for uses not listed shall be determined by the Community Development Director
by determining most similar use
(2) For all uses, a rack able to accommodate eight bicycles may be substituted for one required
standard parking space based on the schedule below. The calculation to meet the handicap
parking requirement of subsection (A) shall be based on the number of required parking spaces
prior to any rack substitution.
Number Of Substitute f
Required Parking Spaces
l Racks Allowed
I 10 or fewer y� 1
-
11-49 2
------ ----_ - 50 or more 3
Page 4
1 space per every 6 seats based on a maximum seating of 15
square feet per person plus one space for every two employees.
Maximum seating capacity is calculated on entire seating area
Restaurants, bars, and similar
including outdoor seating
Drive through business -no seating
1 space per employee
Miniature golf
1 space per 2 holes
1 space per guest unit
1 spaces per managers unit
1 space per 2 employees
1 designated delivery/loading zone
Associated retail or restaurant/bar space shall be calculated at
Hotel, motel
50% of requirement
Office
1 space per 350 square feet of gross floor area
Assembly
1 space per 5 seats
Day Care
1 spaces per employee plus 2 additional spaces
Beauty salon/barber shop
1 space per chair plus one space per every 2 employees
1 space per 4 washing and/or drying machines plus 1 space per
Laundromat
employee
Dry cleaner
1 space per employee plus 2 additional spaces
Parking requirements for uses not listed shall be determined by the Community Development Director
by determining most similar use
(2) For all uses, a rack able to accommodate eight bicycles may be substituted for one required
standard parking space based on the schedule below. The calculation to meet the handicap
parking requirement of subsection (A) shall be based on the number of required parking spaces
prior to any rack substitution.
Number Of Substitute f
Required Parking Spaces
l Racks Allowed
I 10 or fewer y� 1
-
11-49 2
------ ----_ - 50 or more 3
Page 4
(3) Maritime district,
a. Parking shall be in conformance with the off-street requirements of the uses referenced in
this section and the required dimensions of section 3-090.
b. Dock operators must provide one parking space for every 20 linear feet of each side of
dock designated for recreational boaters, Docks leased to commercial boats must allovv for
one space per boat, plus one space per crew member and one space per each four seats
for charter passengers.
c. All changes to parking in the maritime district that involve loading, unloading and
transporting of boats will require a parking plan submitted to the city detailing the turn radii
of drive aisles.
(E) Off-street parking dimensions.
Standard Aisle Width Parking Angle Traffic Direction
8 x 20 feet 12 feet Parallel One-way
8 x 20 feet 24 feet Parallel Two-way
9 x 18 feet 15 feet 45 degrees One-way
9 x 18 feet 18 feet 60 degrees One-way
9 x 18 feet 24 feet 60 degrees Two-way
I
9 x 18 feet f- 22 feet 75 degrees __—One-way
I i
I E
9 x 18 feet ! 24 feet 90 degrees One-way or Two-way
- —
Low Speed Vehicles & Golf Cart:
(without a charging station)
6 x 11 feet
cycles & Scooters
5x9feet
Dimensions of angle parking spaces;
An ! Distance from curb --��, --- --- Curbdistancef Offset
Page
ge t
Page 5
0
W
E..
Curb distance
iA
■
offset
(F) Exemptions from off-street parking requirements.
(1) Existing structures with 2,000 square feet or less of floor area that exist in a C-1 zoning district
may expand the floor area up to 4,000 square feet without having to meet the off-street parking
requirements as long as the structure is completely located within 1,000 feet of a municipal
parking lot.
(2) A structure whose primary use is a church or place of religious worship shall be exempt from all
off-street parking requirements.
(Ord. No. 2000-08, 2-11-2000; Ord. No. 1995-17, 12-7-1995; Ord. Correction to dates, amended
4-14-2005; Ord. No. 2004-12, amended 1-31-2005; Ord. No. 2004-10, amended 10-12-2004;
Ord. No. 2004-10, amended 6-10-2004; Ord. No. 2000-08,5-24-2000; Manual, amended 11-10-
1999; Ord. of 1-12-2006; Ord. No. 13-2011, 4-14-2011; Ord. No. 04A-2013, 2-14-2013; Ord.
No. 18-2013, § 1, 5-23-2013; Ord. No. 03-2014, § 1, 1-9-2014; Ord. No. 28-2014, § 1, 4-10-
2014; Ord. No. 135-2014, § 1, 8-14-2014; Ord. No, 07-A-2015, § 1, 4-23-2015)
Page 6
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LOCATION: N/A
STAFF REPORT
PLANNING COMMISSION MEETING: September 19, 2016
CITY COUNCIL MEETING. October 13, 2016
APPLICANT. City of Tybee Island
EXISTING USE: N/A
ZONING: NIA
COMMUNITY CHARACTER MAP: N/A
OWNER: N/A
PROPOSED USE: N/A
USE PERMITTED BY RIGHT: N/A
APPLICATION: Text amendment to Article 15 Soil erosion, sedimentation and pollution control
PROPOSAL: The applicant is requesting amend Article 15 to meet changes in state law to include a 25 foot marsh
buffer.
ANALYSIS: The purpose of this text amendment is to add Sec. 6 B 17 establishing a 25 foot coastal marsh buffer
and listing activities which can and cannot take place in said buffer.
STAFF FINDING
This amendment is part of a change in state law and mirrors current Tybee code. Staff recommends approval.
ATTACHMENTS
A. Text amendment
1
This Staff Report was prepared by George Shaw.
ORDINANCE NO. 2016-25
AN ORDINANCE TO AMEND THE CODE OF THE
CITY OF TYBEE ISLAND, GEORGIA, AS TO ARTICLE 15 OF THE
LAND DEVELOPMENT CODE RELATING TO
SOIL EROSION, SEDIMENTATION AND POLLUTION CONTROL,
TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tybee Island, Georgia, including the environment thereof; and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof, and
WHEREAS, the governing authority desires to amend the Land Development Code,
Article 15, so as to eliminate the current Article 15 and substitute the attached in its place, to
repeal conflicting ordinances and for other purposes.
NOW, THEREFORE, It is hereby ordained by the governing authority of the City of
Tybee Island that The Code of the City of Tybee Island, Georgia, Land Development Code,
Article 15, Soil Erosion, Sedimentation and Pollution Control, be amended so that hereafter the
section shall read as hereinafter provided,
SECTION I
The Code of the City of Tybee Island, Georgia, Land Development Code, Article 15, Soil
Erosion, Sedimentation and Pollution Control, shall be eliminated in its entirety and the attached
article substituted in its place.
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.
1655454.1
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 the 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 Code of the City of Tybee Island, Georgia.
ADOPTED THIS _ DAY OF .2016.
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
Tybee/571.000001/Ordin/26-2016, Soil Erosion 08.31.16
09.01. l 6
2
Revised June 2016
ARTICLE 15. SOIL EROSION,
SEDIMENTATION AND POLLUTION
CONTROL
SECTION I
TITLE
This ordinance will be known as "The City of
Tybee Island Soil Erosion, Sedimentation and
Pollution Control Ordinance."
SECTION II
DEFINITIONS
The following definitions shall apply in the
interpretation and enforcement of this
ordinance, unless otherwise specifically stated:
1. Best Management Practices (BMPs):
These include sound conservation and
engineering practices to prevent and
minimize erosion and resultant
sedimentation, which are consistent with,
and no less stringent than, those
practices contained in the 'Manual for
Erosion and Sediment Control in
Georgia' published by the Commission
as of January 1 of the year in which the
land -disturbing activity was permitted.
2. Board: The Board of Natural Resources,
3. Buffer: The area of land immediately
adjacent to the banks of state waters in
its natural state of vegetation, which
facilitates the protection of water quality
and aquatic habitat.
4. Certified Personnel: A person who has
successfully completed the appropriate
certification course approved by the
Georgia Soil and Water Conservation
Commission.
5. Coastal Marshlands; Shall have the
same meaning as in O.C.G.A. 12-5-282.
6. Commission: The Georgia Soil and
Water Conservation Commission
(GSWCC).
7. CPESC: Certified Professional in Erosion
and Sediment Control with current
certification by EnviroCert, Inc., which is
also referred to as CPESC or CPESC,
Inc.
8. Cut: A portion of land surface or area
from which earth has been rennoved or
will be removed by excavation; the depth
below original ground surface to the
excavated surface. Also known as
excavation.
9. Department: The Georgia Department
of Natural Resources (DNR),
10. Design Professional: A professional
licensed by the State of Georgia in the
field of: engineering, architecture,
landscape architecture, forestry, geology,
or land surveying; or a person that is a
Certified Professional in Erosion and
Sediment Control (CPESC) with a
current certification by EnviroCert, Inc.
Design Professionals shall practice in a
manner that complies with applicable
Georgia law governing professional
licensure.
11. Director: The Director of the
Environmental Protection Division or an
authorized representative.
12. District: The Coastal Soil and Water
Conservation District.
13. Division: The Environmental Protection
Division (EPD) of the Department of
Natural Resources,
14. Drainage Structure: A device
composed of a virtually nonerodible
material such as concrete, steel, plastic
or other such material that conveys water
from one place to another by intercepting
the flow and carrying it to a release point
for storm water management, drainage
control, or flood control purposes.
15. Erosion: The process by which land
surface is worn away by the action of
wind, water, ice or gravity.
16. Erosion, Sedimentation and Pollution
Control Plan: A plan required by the
Erosion and Sedimentation Act,
O.C.G.A. Chapter 12-7, that includes, as
a minimum protections at least as
stringent as the State General Permit,
best management practices, and
requirements in section IV.C. of this
ordinance.
17. Fill: A portion of land surface to which
soil or other solid material has been
added; the depth above the original
ground surface or an excavation.
Revised June 2016
18. Final Stabilization: All soil disturbing
activities at the site have been
completed, and that for unpaved areas
and areas not covered by permanent
structures and areas located outside the
waste disposal limits of a landfill cell that
has been certified by EPD for waste
disposal, 100% of the soil surface is
uniformly covered in permanent
vegetation with a density of 70% or
greater, or equivalent permanent
stabilization measures (such as the use
of rip rap, gabions, permanent mulches
or geotextiles) have been used_
Permanent vegetation shall consist of:
planted trees, shrubs, perennial vines; a
crop of perennial vegetation appropriate
for the time of year and region; or a crop
of annual vegetation and a seeding of
target crop perennials appropriate for the
region. Final stabilization applies to each
phase of construction.
19. Finished Grade: The final elevation and
contour of the ground after cutting or
filling and conforming to the proposed
design.
20. Grading: Altering the shape of ground
surfaces to a predetermined condition;
this includes stripping, cutting, filling,
stockpiling and shaping or any
combination thereof and shall include the
land in its cut or filled condition.
21. Ground Elevation: The original
elevation of the ground surface prior to
cutting or filling.
22. Land -Disturbing Activity: Any activity
which may result in soil erosion from
water or wind and the movement of
sediments into state waters or onto lands
within the state, including, but not limited
to, clearing, dredging, grading,
excavating, transporting, and filling of
land but not including agricultural
practices as described in Section III,
Paragraph 5,
23. Larger Common Plan of Development
or Sale: A contiguous area where
multiple separate and distinct
construction activities are occurring
under one plan of development or sale.
For the purposes of this paragraph,
"plan" means an announcement; piece of
documentation such as a sign, public
notice or hearing, sales pitch,
advertisement, drawing, permit
application, zoning request, or computer
design; or physical demarcation such as
boundary signs, lot stakes, or surveyor
markings, indicating that construction
activities may occur on a specific plot.
24. Local Issuing Authority: The governing
authority of any county or municipality
which is certified pursuant to subsection
(a) O.C.G.A. 12-7-8.
25. Metropolitan River Protection Act
(MRPA): A state law referenced as
O.C.G.A. 12-5-440 et.seq. which
addresses environmental and
developmental matters in certain
metropolitan river corridors and their
drainage basins.
26. Natural Ground Surface: The ground
surface in its original state before any
grading, excavation or filling.
27. Nephelometric Turbidity Units (NTU):
Numerical units of measure based upon
photometric analytical techniques for
measuring the light scattered by finely
divided particles of a substance in
suspension. This technique is used to
estimate the extent of turbidity in water in
which colloidally dispersed or suspended
particles are present.
28. NOI: A Notice of Intent form provided by
EPD for coverage under the State
General Permit.
29. NOT: A Notice of Termination form
provided by EPD to terminate coverage
under the State General Permit.
30. Operator: The party or parties that have:
(A) operational control of construction
project plans and specifications,
including the ability to make
modifications to those plans and
specifications; or (8) day-to-day
operational control of those activities that
are necessary to ensure compliance with
an erosion, sedimentation and pollution
control plan for the site or other permit
conditions, such as a person authorized
to direct workers at a site to carry out
activities required by the erosion,
sedimentation and pollution control plan
or to comply with other permit conditions.
Revised June 2016
31. Outfall: The location where storm water
in a discernible, confined and discrete
conveyance, leaves a facility or site or, if
there is a receiving water on site,
becomes a point source discharging into
that receiving water.
32. Permit: The authorization necessary to
conduct a land -disturbing activity under
the provisions of this ordinance.
33. Person: Any individual, partnership, firm,
association, joint venture, public or
private corporation, trust, estate,
commission, board, public or private
institution, utility, cooperative, state
agency, municipality or other political
subdivision of the State of Georgia, any
interstate body or any other legal entity.
34. Prase or Phased: Sub -parts or
segments of construction projects where
the sub -part or segment is constructed
and stabilized prior to completing
construction activities on the entire
construction site.
35. Project: The entire proposed
development project regardless of the
size of the area of land to be disturbed.
36. Properly Designed: Designed in
accordance with the design requirements
and specifications contained in the
"Manual for Erosion and Sediment
Control in Georgia" (Manual) published
by the Georgia Soil and Water
Conservation Commission as of January
1 of the year in which the land -disturbing
activity was permitted and amendments
to the Manual as approved by the
Commission up until the date of NOI
submittal.
37. Roadway Drainage Structure: A device
such as a bridge, culvert, or ditch,
composed of a virtually nonerodible
material such as concrete, steel, plastic,
or other such material that conveys water
under a roadway by intercepting the flow
on one side of a traveled roadway
consisting of one or more defined lanes,
with or without shoulder areas, and
carrying water to a release point on the
other side,
38. Sediment: Solid material, both organic
and inorganic, that is in suspension, is
being transported, or has been moved
from its site of origin by wind, water, ice,
or gravity as a product of erosion.
39. Sedimentation: The process by which
eroded material is transported and
deposited by the action of water, wind,
ice or gravity.
40. Soil and Water Conservation District
Approved Plan: An erosion,
sedimentation and pollution control plan
approved in writing by the Coastal Soil
and Water Conservation District.
41. Stabilization: The process of
establishing an enduring soil cover of
vegetation by the installation of
temporary or permanent structures for
the purpose of reducing to a minimum
the erosion process and the resultant
transport of sediment by wind, water, ice
or gravity.
42. State General Permit: The National
Pollution Discharge Elimination System
(NPDES) general permit or permits for
storm water runoff from construction
activities as is now in effect or as may be
amended or reissued in the future
pursuant to the state's authority to
implement the same through federal
delegation under the Federal Water
Pollution Control Act, as amended, 33
U.S.C. Section 1251, et seq., and
subsection (f) of Code Section 12-5-30.
43. State Waters: Any and all rivers,
streams, creeks, branches, lakes,
reservoirs, ponds, drainage systems,
springs, wells, and other bodies of
surface or subsurface water, natural or
artificial, lying within or forming a part of
the boundaries of Georgia which are not
entirely confined and retained completely
upon the property of a single individual,
partnership, or corporation.
44. Structural Erosion, Sedimentation and
Pollution Control Practices: Practices
for the stabilization of erodible or
sediment -producing areas by utilizing the
mechanical properties of matter for the
purpose of either changing the surface of
the land or storing, regulating or
disposing of runoff to prevent excessive
sediment loss. Examples of structural
erosion and sediment control practices
are riprap, sediment basins, dikes, level
3
Revised June 2016
45.
spreaders, waterways or outlets,
diversions, grade stabilization structures
and sediment traps, etc. Such practices
can be found in the publication Manual
for Erosion and Sediment Control in
Georgia.
Trout Streams: All streams or portions
of streams within the watershed as
designated by the Wildlife Resources
Division of the Georgia Department of
Natural Resources under the provisions
of the Georgia Water Quality Control Act,
O.C.G.A. 12-5-20, in the rules and
regulations for Water Quality Control,
Chapter 391-3-6 at www.gaepd_org.
Streams designated as primary trout
waters are defined as water supporting a
self- sustaining population of rainbow,
brawn or brook trout. Streams
designated as secondary trout waters
are those in which there is no evidence
of natural trout reproduction, but are
capable of supporting trout throughout
the year. First order trout waters are
streams into which no other streams flow
except springs.
Vegetative Erosion and Sedimentation
Control Measures: Measures for the
stabilization of erodible or sediment -
producing areas by covering the soil
with:
a. Permanent seeding, sprigging or
planting, producing long-term
vegetative cover, or
b. Temporary seeding, producing
short-term vegetative cover; or
c. Sodding, covering areas with a
turf of perennial sod -forming
grass.
Such measures can be found in the
publication Manual for Erosion and
Sediment Control in Georgia.
47. Watercourse: Any natural or artificial
watercourse, stream, river, creek,
channel; ditch, canal, conduit, culvert,
drain, waterway, gully, ravine, or wash in
which water flows either continuously or
intermittently and which has a definite
channel, bed and banks, and including
any area adjacent thereto subject to
inundation by reason of overflow or
floodwater.
48, Wetlands: Those areas that are
inundated or saturated by surface or
ground water at a frequency and duration
sufficient to support, and that under
normal circumstances do support a
prevalence of vegetation typically
adapted for life in saturated soil
conditions. Wetlands generally include
swamps, marshes, bogs, and similar
areas.
SECTION Ili
EXEMPTIONS
This ordinance shall apply to any land -
disturbing activity undertaken by any person on
any land except for the following
1. Surface mining, as the same is defined in
O.C.G.A. 12-4-72, "The Georgia Surface
Mining Act of 1968".
2. Granite quarrying and land clearing for
such quarrying;
3. Such minor land -disturbing activities as
home gardens and individual home
landscaping, repairs, maintenance work,
fences, and other related activities which
result in minor soil erosion;
4. The construction of single-family
residences, when such construction
disturbs less than one (1) acre and is not
a part of a larger common plan of
development or sale with a planned
disturbance of equal to or greater than
one (1) acre and not otherwise exempted
under this paragraph; provided, however,
that construction of any such residence
shall conform to the minimum
requirements as set forth in O.C.G.A. 12-
7-6 and this paragraph. For single-family
residence construction covered by the
provisions of this paragraph, there shall
be a buffer zone between the residence
and any state waters classified as trout
streams pursuant to Article 2 of Chapter
5 of the Georgia Water Quality Control
Act. In any such buffer zone, no land -
disturbing activity shall be constructed
between the residence and the point
where vegetation has been wrested by
normal stream flow or wave action from
the banks of the trout waters. For
primary trout waters, the buffer zone shall
Revised June 2016
5.
A
7
be at least 50 horizontal feet, and no
variance to a smaller buffer shall be
granted. For secondary trout waters, the
buffer zone shall be at least 50 horizontal
feet, but the Director may grant variances
to no less than 25 feet. Regardless of
whether a trout stream is primary or
secondary, for first order trout waters,
which are streams into which no other
streams flow except for springs, the
buffer shall be at least 25 horizontal feet,
and no variance to a smaller buffer shall
be granted. The minimum requirements
of subsection (b) of O.C.G.A. 12-7-6 and
the buffer zones provided by this
paragraph shall be enforced by the Local
Issuing Authority;
Agricultural operations as defined in
O.C.G.A. 1-3-3, "definitions", to include
raising, harvesting or storing of products
of the field or orchard; feeding, breeding
or managing livestock or poultry;
producing or storing feed for use in the
production of livestock, including but not
limited to cattle, calves, swine, hogs,
goats, sheep, and rabbits or for use in
the production of poultry, including but
not limited to chickens, hens and turkeys;
producing plants, trees, fowl, or animals;
the production of aqua culture,
horticultural, dairy, livestock, poultry,
eggs and apiarian products; farm
buildings and farm ponds;
Forestry land management practices,
including harvesting; provided, however,
that when such exempt forestry practices
cause or result in land -disturbing or other
activities otherwise prohibited in a buffer,
as established in paragraphs (15) and
(16) of Section IV C. of this ordinance, no
other land -disturbing activities, except for
normal forest management practices,
shall be allowed on the entire property
upon which the forestry practices were
conducted for a period of three (3) years
after completion of such forestry
practices;
Any project carried out under the
technical supervision of the Natural
Resources Conservation Service (NRCS)
of the United States Department of
Agriculture;
8. Any project involving less than one (1)
acre of disturbed area; provided,
however, that this exemption shall not
apply to any land -disturbing activity within
a larger common plan of development or
sale with a planned disturbance of equal
to or greater than one (1) acre or within
200 feet of the bank of any state waters,
and for purposes of this paragraph,
"State Waters" excludes channels and
drainage ways which have water in them
only during and immediately after rainfall
events and intermittent streams which do
not have water in them year-round;
provided, however, that any person
responsible for a project which involves
less than one (1) acre, which involves
land -disturbing activity, and which is
within 200 feet of any such excluded
channel or drainage way, must prevent
sediment from moving beyond the
boundaries of the property on which such
project is located and provided, further,
that nothing contained herein shall
prevent the Local Issuing Authority from
regulating any such project which is not
specifically exempted by paragraphs 1, 2,
3, 4, 5, 6, 7, 9 or 10 of this section;
9. Construction or maintenance projects, or
both, undertaken or financed in whole or
in part, or both, by the Department of
Transportation, the Georgia Highway
Authority, or the State Road and Tollway
Authority; or any road construction or
maintenance project, or both, undertaken
by any county or municipality; provided,
however, that construction or
maintenance projects of the Department
of Transportation or the State Road and
Tollway Authority which disturb one or
more contiguous acres of land shall be
subject to provisions of O.C.G.A. 12-7-
7.1; except where the Department of
Transportation, the Georgia Highway
Authority, or the State Road and Tollway
Authority is a secondary permittee for a
project located within a larger common
plan of development or sale under the
state general permit, in which case a
copy of a notice of intent under the state
general permit shall be submitted to the
Local Issuing Authority, the Local Issuing
5
Revised June 2016
Authority shall enforce compliance with
the minimum requirements set forth in
O.C.G.A. 12-7-6 as if a permit had been
issued, and violations shall be subject to
the same penalties as violations by
permit holders;
10. Any land -disturbing activities conducted
by any electric membership corporation
or municipal electrical system or any
public utility under the regulatory
jurisdiction of the Public Service
Commission, any utility under the
regulatory jurisdiction of the Federal
Energy Regulatory Commission, any
cable television system as defined in
O.C.G.A. 36-18-1, or any agency or
instrumentality of the United States
engaged in the generation, transmission,
or distribution of power; except where an
electric membership corporation or
municipal electrical system or any public
utility under the regulatory jurisdiction of
the Public Service Commission, any
utility under the regulatory jurisdiction of
the Federal Energy Regulatory
Commission, any cable television system
as defined in O.C.G.A. 36-18-1, or any
agency or instrumentality of the United
states engaged in the generation,
transmission, or distribution of power is a
secondary permittee for a project located
within a larger common plan of
development or sale under the state
general permit, in which case the Local
Issuing Authority shall enforce
compliance with the minimum
requirements set forth in O.C.G.A. 12-7-6
as if a permit had been issued, and
violations shall be subject to the same
penalties as violations by permit holders;
and
11. Any public water system reservoir.
— SECTION IV
MINIMUM REQUIREMENTS FOR
EROSION, SEDIMENTATION AND
POLLUTION CONTROL USING BEST
MANAGEMENT PRACTICES
A, GENERAL PROVISIONS
Excessive soil erosion and resulting
sedimentation can take place during land -
disturbing activities if requirements of the
ordinance and the NPDES General Pern-nit
are not met. Therefore, plans for those
land -disturbing activities which are not
exempted by this ordinance shall contain
provisions for application of soil erosion,
sedimentation and pollution control
measures and practices. The provisions
shall be incorporated into the erosion,
sedimentation and pollution control plans.
Soil erosion, sedimentation and pollution
control measures and practices shall
conform to the minimum requirements of
Section IV B. & C. of this ordinance. The
application of measures and practices shall
apply to all features of the site, including
street and utility installations, drainage
facilities and other temporary and
permanent improvements. Measures shall
be installed to prevent or control erosion,
sedimentation and pollution during all
stages of any land -disturbing activity in
accordance with requirements of this
ordinance and the NPDES General Permit.
B. MINIMUM REQUIREMENTS/ BMPs
1. Best management practices as set forth
in Section IV B. & C. of this ordinance
shall be required for all land -disturbing
activities. Proper design, installation,
and maintenance of best management
practices shall constitute a complete
defense to any action by the Director or
to any other allegation of noncompliance
with paragraph (2) of this subsection or
any substantially similar terms contained
in a permit for the discharge of storm
water issued pursuant to subsection (f)
of O.C.G.A. 12-5-30, the "Georgia Water
Quality Control Act". As used in this
subsection the terms "proper design"
and "properly designed" mean designed
in accordance with the hydraulic design
specifications contained in the "Manual
for Erosion and Sediment Control in
Georgia" specified in O.C.G.A. 12-7-6
subsection (b).
2. A discharge of storm water runoff from
disturbed areas where best
management practices have not been
properly designed, installed, and
maintained shall constitute a separate
0
Revised June 2016
violation of any land -disturbing permit
issued by a local Issuing Authority or of
any state general permit issued by the
Division pursuant to subsection (f) of
O.C.G.A. 12-5-30, the "Georgia Water
Quality Control Act", for each day on
which such discharge results in the
turbidity of receiving waters being
increased by more than twenty-five (25)
nephelometric turbidity units for waters
supporting warm water fisheries or by
more than ten (10) nephelometric
turbidity units for waters classified as
trout waters. The turbidity of the
receiving waters shall be measured in
accordance with guidelines to be issued
by the Director. This paragraph shall
not apply to any land disturbance
associated with the construction of
single family homes which are not part
of a larger common plan of development
or sale unless the planned disturbance
for such construction is equal to or
greater than five (5) acres.
3. Failure to properly design, install, or
maintain best management practices
shall constitute a violation of any land -
disturbing permit issued by a Local
Issuing Authority or of any state general
permit issued by the Division pursuant
to subsection (f) of Code Section 12-5-
30, the "Georgia Water Quality Control
Act", for each day on which such failure
occurs.
4. The Director may require, in accordance
with regulations adopted by the Board,
reasonable and prudent monitoring of
the turbidity level of receiving waters
into which discharges from land
disturbing activities occur.
5. The LIA may set more stringent buffer
requirements than stated in C.15,16 and
17, in light of O.C.G.A. § 12-7-6 (c).
C. The rules and regulations, ordinances, or
resolutions adopted pursuant to O.C.G.A.
12-7-1 et. seq, for the purpose of governing
land -disturbing activities shall require, as a
minimum, protections at least as stringent
as the state general permit; and best
management practices, including sound
conservation and engineering practices to
prevent and minimize erosion and resultant
sedimentation, which are consistent with,
and no less stringent than, those practices
contained in the Manual for Erosion and
Sediment Control in Georgia published by
the Georgia Soil and Water Conservation
Commission as of January 1 of the year in
which the land -disturbing activity was
permitted, as well as the following;
1. Stripping of vegetation, regrading and
other development activities shall be
conducted in a manner so as to
minimize erosion;
2, Cut -fill operations must be kept to a
minimum;
3. Development plans must conform to
topography and soil type so as to create
the lowest practicable erosion potential;
4. Whenever feasible, natural vegetation
shall be retained, protected and
supplemented;
5. The disturbed area and the duration of
exposure to erosive elements shall be
kept to a practicable minimum;
6. Disturbed soil shall be stabilized as
quickly as practicable;
7. Temporary vegetation or mulching shall
be employed to protect exposed critical
areas during development;
8. Permanent vegetation and structural
erosion control practices shall be
installed as soon as practicable;
9. To the extent necessary, sediment in
run-off water must be trapped by the
use of debris basins, sediment basins,
silt traps, or similar measures until the
disturbed area is stabilized. As used in
this paragraph, a disturbed area is
stabilized when it is brought to a
condition of continuous compliance with
the requirements of O.C.G.A. 12-7-1 et.
seq.;
10. Adequate provisions must be provided
to minimize damage from surface water
to the cut face of excavations or the
sloping of fills;
11. Cuts and fills may not endanger
adjoining property;
12. Fills may not encroach upon natural
watercourses or constructed channels in
a manner so as to adversely affect other
property owners;
Revised June 2016
13. Grading equipment must cross flowing
streams by means of bridges or culverts
except when such methods are not
feasible, provided, in any case, that
such crossings are kept to a minimum;
14. Land -disturbing activity plans for
erosion, sedimentation and pollution
control shall include provisions for
treatment or control of any source of
sediments and adequate sedimentation
control facilities to retain sediments on-
site or preclude sedimentation of
adjacent waters beyond the levels
specified in Section IV B. 2. of this
ordinance;
15. Except as provided in paragraph (16)
and (17) of this subsection, there is
established a 25 foot buffer along the
banks of all state waters, as measured
horizontally from the point where
vegetation has been wrested by normal
stream flow or wave action, except
where the Director determines to allow a
variance that is at least as protective of
natural resources and the environment,
where otherwise allowed by the Director
pursuant to O.C.G.A. 12-2-8, where a
drainage structure or a roadway
drainage structure must be constructed,
provided that adequate erosion control
measures are incorporated in the project
plans and specifications, and are
implemented; or where bulkheads and
sea walls are installed to prevent
shoreline erosion on Lake Oconee and
Lake Sinclair; or along any ephemeral
stream. As used in this provision, the
term'ephemeral stream' means a
stream: that under normal
circumstances has water flowing only
during and for a short duration after
precipitation events; that has the
channel located above the ground -water
table year round; for which ground water
is not a source of water; and for which
runoff from precipitation is the primary
source of water flow, Unless exempted
as along an ephemeral stream, the
buffers of at least 25 feet established
pursuant to part 6 of Article 5, Chapter 5
of Title 12, the "Georgia Water Quality
Control Act", shall remain in force unless
a variance is granted by the Director as
provided in this paragraph. The
following requirements shall apply to
any such buffer:
a. No land -disturbing activities shall be
conducted within a buffer and a
buffer shall remain in its natural,
undisturbed state of vegetation until
all land -disturbing activities on the
construction site are completed.
Once the final stabilization of the
site is achieved, a buffer may be
thinned or trimmed of vegetation as
long as a protective vegetative
cover remains to protect water
quality and aquatic habitat and a
natural canopy is left in sufficient
quantity to keep shade on the
stream bed; provided, however, that
any person constructing a single-
family residence, when such
residence is constructed by or
under contract with the owner for
his or her own occupancy, may thin
or trim vegetation in a buffer at any
time as long as protective
vegetative cover remains to protect
water quality and aquatic habitat
and a natural canopy is left in
sufficient quantity to keep shade on
the stream bed; and
b. The buffer shall not apply to the
following land -disturbing activities,
provided that they occur at an
angle, as measured from the point
of crossing, within 25 degrees of
perpendicular to the stream; cause
a width of disturbance of not more
than 50 feet within the buffer; and
adequate erosion control measures
are incorporated into the project
plans and specifications and are
implemented: (i) Stream crossings
for water fines; or (ii) Stream
crossings for sewer lines; and
16. There is established a 50 foot buffer
as measured horizontally from the
point where vegetation has been
wrested by normal stream flow or
wave action, along the banks of any
state waters classified as "trout
streams" pursuant to Article 2 of
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Revised June 2016
Chapter 5 of Title 12, the "Georgia
Water Quality Control Act", except
where a roadway drainage structure
must be constructed ; provided,
however, that small springs and
streams classified as trout streams
which discharge an average annual
flow of 25 gallons per minute or less
shall have a 25 foot buffer or they
may be piped, at the discretion of
the landowner, pursuant to the
terms of a rule providing for a
general variance promulgated by
the Board, so long as any such pipe
stops short of the downstream
landowner's property and the
landowner complies with the buffer
requirement for any adjacent trout
streams. The Director may grant a
variance from such buffer to allow
land -disturbing activity, provided
that adequate erosion control
measures are incorporated in the
project plans and specifications and
are implemented. The following
requirements shall apply to such
buffer:
No land -disturbing activities shall be
conducted within a buffer and a
buffer shall remain in its natural,
undisturbed, state of vegetation
until all land -disturbing activities on
the construction site are completed.
Once the final stabilization of the
site is achieved, a buffer may be
thinned or trimmed of vegetation as
long as a protective vegetative
cover remains to protect water
quality and aquatic habitat and a
natural canopy is left in sufficient
quantity to keep shade on the
stream bed: provided, however, that
any person constructing a single—
family residence, when such
residence is constructed by or
under contract with the owner for
his or her own occupancy, may thin
or trim vegetation in a buffer at any
time as long as protective
vegetative cover remains to protect
water quality and aquatic habitat
and a natural canopy is left in
sufficient quantity to Keep shade on
the stream bed; and
b. The buffer shall not apply to the
following land -disturbing activities,
provided that they occur at an
angle, as measured from the point
of crossing, within 25 degrees of
perpendicular to the stream; cause
a width of disturbance of not more
than 50 feet within the buffer; and
adequate erosion control measures
are incorporated into the project
plans and specifications and are
implemented: (i) Stream crossings
for water lines; or (ii) Stream
crossings for sewer lines; and
Fm 17. There is established a 25 foot buffer
along coastal marshlands, as
measured horizontally from the
coastal marshland -upland interface,
as determined in accordance with
Chapter 5 of Title 12 of this title, the
"Coastal Marshlands Protection Act
of 1970." And the rules and
regulations promulgated
thereunder, except where the
director determines to allow a
variance that is at least as
protective of natural resources and
the environment, where otherwise
allowed by the director pursuant to
Code Section 12-2-8, where an
alteration within the buffer area has
been authorized pursuant to Code
Section 12-5-286, for maintenance
of any currently serviceable
structure, landscaping, or
hardscaping, including bridges,
roads, parking lots, golf courses,
golf cart paths, retaining walls,
bulkheads, and patios; provided,
however, that if such maintenance
requires any land -disturbing activity,
adequate erosion control measures
are incorporated into the project
plans and specifications and such
measures are fully implemented,
where a drainage structure or
roadway drainage structure is
constructed or maintained;
provided, however, that if such
maintenance requires any land -
M
Revised June 2016
disturbing activity, adequate erosion
control measures are incorporated
into the project plans and
specifications and such measures
are fully implemented, on the
landward side of any currently
serviceable shoreline stabilization
structure, or for the maintenance of
any manmade storm -water
detention basin, golf course pond,
or impoundment that is located
entirely within the property of a
single individual, partnership, or
corporation; provided, however,
that adequate erosion control
measures are incorporated into the
project plans and specifications and
such measures are fully
implemented. For the purposes of
this paragraph maintenance shall
be defined as actions necessary or
appropriate for retaining or restoring
a currently serviceable
improvement to the specified
operable condition to achieve its
maximum useful life. Maintenance
includes emergency reconstruction
of recently damaged parts of a
currently serviceable structure so
long as it occurs within a
reasonable period of time after
damage occurs. Maintenance does
not include any modification that
changes the character, scope or
size of the original design and
serviceable shall be defined as
usable in its current state or with
minor maintenance but not so
degraded as to essentially require
reconstruction.
No land -disturbing activities shall be
conducted within a buffer and a
buffer shall remain in its natural,
undisturbed, state of vegetation
until all land -disturbing activities on
the construction site are completed.
Once the final stabilization of the
site is achieved, a buffer may be
thinned or trimmed of vegetation as
long as a protective vegetative
cover remains to protect water
quality and aquatic habitat;
provided, however, that any person
constructing a single—family
residence, when such residence is
constructed by or under contract
with the owner for his or her own
occupancy, may thin or trim
vegetation in a buffer at any time as
long as protective vegetative cover
remains to protect water quality and
aquatic habitat; and
b. The buffer shall not apply to
crossings for utility lines that cause
a width of disturbance of not more
than 50 feet within the buffer,
provided, however, that adequate
erosion control measures are
incorporated into the project plans
and specifications and such
measures are fully implemented.
c. The buffer shall not apply to any
land -disturbing activity conducted
pursuant to and in compliance with
a valid and effective land -disturbing
permit issued subsequent to April
22, 2014, and prior to December
31, 2015; provided, however, that
adequate erosion control measures
are incorporated into the project
plans and specifications and such
measures are fully implemented or
any lot for which the preliminary plat
has been approved prior to
December 31, 2015 if roadways,
bridges, or water and sewer lines
have been extended to such lot
prior to the effective date of this Act
and if the requirement to maintain a
25 foot buffer would consume at
least 18 percent of the high ground
of the platted lot otherwise available
for development; provided,
however, that adequate erosion
control measures are incorporated
into the project plans and
specifications and such measures
are fully implemented.
d. Activities where the area within the
buffer is not more than 500 square feet or
that have a "Minor Buffer Impact" as defined
in 391-3-7-.01(r), provided that the total
10
Revised June 2016
area of buffer impacts is less than 5,000
copy of Notice of Intent submitted to
square feet are deemed to have an
EPD if applicable.
approved buffer variance by rule. Bank
2. The application for a permit shall be
stabilization structures are not eligible for
submitted to the Community
coverage under the variance by rule and
Development Department and must
notification shall be made to the Division at
include the applicant's erosion,
least 14 days prior to the commencement of
sedimentation and pollution control plan
land disturbing activities.
with supporting data, as necessary.
D. Nothing contained in O.C.G.A. 12-7-1 et.
Said plans shall include, as a minimum,
seq. shall prevent any Local Issuing
the data specified in Section V C. of this
Authority from adopting rules and
ordinance. Erosion, sedimentation and
regulations, ordinances, or resolutions
pollution control plans, together with
which contain stream buffer requirements
supporting data, must demonstrate
that exceed the minimum requirements in
affirmatively that the land disturbing
Section IV B. & C. of this ordinance.
activity proposed will be carried out in
E. The fact that land -disturbing activity for
such a manner that the provisions of
which a permit has been issued results in
Section IV B. & C. of this ordinance will
injury to the property of another shall neither
be met. Applications for a permit will not
constitute proof of nor create a presumption
be accepted unless accompanied by
of a violation of the standards provided for
two copies of the applicant's erosion,
in this ordinance or the terms of the permit.
sedimentation and pollution control
plans. All applications shall contain a
SECTION V
certification stating that the plan
APPLICATION/PERMIT
preparer or the designee thereof visited
PROCESS
the site prior to creation of the plan in
accordance with EPD Rule 391-3-7-.10.
A. GENERAL
3. In addition to the local permitting fees,
The property owner, developer and
fees will also be assessed pursuant to
designated planners and engineers shall
paragraph (5) subsection (a) of
design and review before submittal the
O.C.G.A. 12-5-23, provided that such
general development plans. The Local
fees shall not exceed $80.00 per acre of
Issuing Authority shall review the tract to
land -disturbing activity, and these fees
be developed and the area surrounding it.
shall be calculated and paid by the
They shall consult the zoning ordinance,
pri
mary permittee as defined in the state
storm water management ordinance,
general permit for each acre of land -
disturbing activity included in the
subdivision ordinance, flood damage
prevention ordinance, this ordinance, and
planned development or each phase of
any other ordinances, rules, regulations or
development. All applicable fees shall
be paid prior to issuance of the land
permits, which regulate the development of
land within the jurisdictional boundaries of
disturbance permit. In a jurisdiction that
the Local Issuing Authority. However, the
is certified pursuant to subsection (a) of
owner and/or operator are the only parties
O.C.G.A. 12-7-8 half of such fees levied
who may obtain a permit.
shall be submitted to the Division;
except that any and all fees due from an
B, APPLICATION REQUIREMENTS
entity which is required to give notice
1. No person shall conduct any land-
pursuant to paragraph (9) or (10) of
disturbing activity within the jurisdictional
O.C.G.A. 12-7-17 shall be submitted in
boundaries of The City of Tybee Island
full to the Division, regardless of the
without first obtaining a permit from the
existence of a Local Issuing Authority in
Community Development Department
the jurisdiction.
4. Immediately upon receipt of an
to perform such activity and providing a
application and plan for a permit, the
11
Revised June 2016
5
Local Issuing Authority shall refer the
Issuing Authority may call the bond or
application and plan to the District for its
any part thereof to be forfeited and may
review and approval or disapproval
use the proceeds to hire a contractor to
concerning the adequacy of the erosion,
stabilize the site of the land -disturbing
sedimentation and pollution control plan.
activity and bring it into compliance.
The District shall approve or disapprove
These provisions shall not apply unless
a plan within 35 days of receipt. Failure
there is in effect an ordinance or statute
of the District to act within 35 days shall
specifically providing for hearing and
be considered an approval of the
judicial review of any determination or
pending plan. The results of the District
order of the Local Issuing Authority with
review shall be forwarded to the Local
respect to alleged permit violations_
Issuing Authority. No permit will be
issued unless the plan has been
C. PLAN REQUIREMENTS
approved by the District, and any
1. Plans must be prepared to meet the
variances required by Section IV C. 15,
minimum requirements as contained in
16 and 17 have been obtained, all fees
Section IV B. & C. of this ordinance, or
have been paid, and bonding, if required
through the use of more stringent,
as per Section V 8.6., have been
alternate design criteria which conform
obtained. Such review will not be
to sound conservation and engineering
required if the Local Issuing Authority
, practices. The Manua! for Erosion and
and the District have entered into an
Sediment Control in Georgia is hereby
agreement which allows the Local
incorporated by reference into this
Issuing Authority to conduct such review
ordinance. The plan for the land -
and approval of the plan without
disturbing activity shall consider the
referring the application and plan to the
interrelationship of the soil types,
District. The Local Issuing Authority
geological and hydrological
with plan review authority shall approve
characteristics, topography, watershed,
or disapprove a revised Plan submittal
vegetation, proposed permanent
within 35 days of receipt. Failure of the
structures including roadways,
Local Issuing Authority with plan review
constructed waterways, sediment
authority to act within 35 days shall be
control and storm water management
considered an approval of the revised
facilities, local ordinances and State
Plan submittal.
laws. Maps, drawings and supportive
If a permit applicant has had two or
computations shall bear the signature
more violations of previous permits, this
and seal of the certified design
ordinance section, or the Erosion and
professional. Persons involved in land
Sedimentation Act, as amended, within
development design, review, permitting,
three years prior to the date of filing the
construction, monitoring, or inspections
application under consideration, the
or any land disturbing activity shall meet
Local Issuing Authority may deny the
the education and training certification
permit application.
requirements, dependent on his or her
The Local Issuing Authority may require
level of involvement with the process, as
the permit applicant to post a bond in
developed by the Commission and in
the form of government security, cash,
consultation with the Division and the
irrevocable letter of credit, or any
Stakeholder Advisory Board created
combination thereof up to, but not
pursuant to O.CG.A. 12-7-20.
exceeding, $3,000.00 per acre or
2. Data Required for Site Pian shall include
fraction thereof of the proposed land-
all the information required from the
disturbing activity, prior to issuing the
appropriate Erosion. Sedimentation and
permit. if the applicant does not comply
Pollution Control Plan Review Checklist
with this section or with the conditions of
established by the Commission as of
the permit after issuance, the Local
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Revised June 2016
January 1 of the year in which the land-
notify any successor in title to him as to
disturbing activity was permitted.
all or any portion of the land affected by
D. PERMITS
the approved plan of the conditions
1. Permits shall be issued or denied as
contained in the permit.
soon as practicable but in any event not
6. The LIA may reject a permit application
later than forty-five (45) days after
if the applicant has had two or more
receipt by the Local Issuing Authority of
violations of previous permits or the
a completed application, providing
Erosion and Sedimentation Act permit
variances and bonding are obtained,
requirements within three years prior to
where necessary and all applicable fees
the date of the application, in light of
have been paid prior to permit issuance.
O.C.G.A. 12-7-7 (f) (1).
The permit shall include conditions
under which the activity may be
undertaken.
2. No permit shall be issued by the Local
Issuing Authority unless the erosion,
sedimentation and pollution control plan
SECTION VI
has been approved by the District and
the Local Issuing Authority has
INSPECTION AND ENFORCEMENT
affirmatively determined that the plan is
in compliance with this ordinance, any
A. The City of Tybee Island will periodically
variances required by Section IV C. 15,
inspect the sites of land -disturbing activities
16 and 17 are obtained, banding
for which permits have been issued to
requirements, if necessary, as per
determine if the activities are being
Section V B. 6. are met and all
conducted in accordance with the plan and
ordinances and rules and regulations in
if the measures required in the plan are
effect within the jurisdictional boundaries
effective in controlling erosion and
of the Local Issuing Authority are met. If
sedimentation. Also, the Local Issuing
the permit is denied, the reason for
Authority shall regulate primary, secondary
denial shall be furnished to the
and tertiary permittees as such terms are
applicant,
defined in the state general permit. Primary
3. Any land -disturbing activities by a local
permittees shall be responsible for
issuing authority shall be subject to the
installation and maintenance of best
same requirements of this ordinance,
management practices where the primary
and any other ordinances relating to
permittee is conducting land -disturbing
land development, as are applied to
activities. Secondary permittees shall be
private persons and the division shall
responsible for installation and maintenance
enforce such requirements upon the
of best management practices where the
local issuing authority.
secondary permittee is conducting land -
4. If the tract is to be developed in phases,
disturbing activities. Tertiary permittees
then a separate permit shall be required
shall be responsible for installation and
for each phase.
maintenance where the tertiary permittee is
5. The permit may be suspended, revoked,
conducting land -disturbing activities. If,
or modified by the Local Issuing
through inspection, it is deemed that a
Authority, as to all or any portion of the
person engaged in land -disturbing activities
land affected by the plan, upon finding
as defined herein has failed to comply with
that the holder or his successor in the
the approved plan, with permit conditions, or
title is not in compliance with the
with the provisions of this ordinance, a
approved erosion and sedimentation
written notice to comply shall be served
control plan or that the holder or his
upon that person. The notice shall set forth
successor in title is in violation of this
the measures necessary to achieve
compliance and shall state the Time within
ordinance. A holder of a permit shall
which such measures must be completed.
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Revised June 2016
N
C
I
E
F
If the person engaged in the land -disturbing
activity fails to comply within the time
specified, he shall be deemed in violation of
this ordinance.
The Local Issuing Authority must amend its
ordinances to the extent appropriate within
twelve (12) months of any amendments to
the Erosion and Sedimentation Act of 1975.
The Community Development department
shall have the power to conduct such
investigations as it may reasonably deem
necessary to carry out duties as prescribed
in this ordinance, and for this purpose to
enter at reasonable times upon any
property, public or private, for the purpose
of investigation and inspecting the sites of
land -disturbing activities.
No person shall refuse entry or access to
any authorized representative or agent of
the Local Issuing Authority, the
Commission, the District, or Division who
requests entry for the purposes of
inspection, and who presents appropriate
credentials, nor shall any person obstruct,
hamper or interfere with any such
representative while in the process of
carrying out his official duties.
The District or the Commission or both shall
semi-annually review the actions of counties
and municipalities which have been certified
as Local Issuing Authorities pursuant to
O.C.G.A. 12-7-8 (a)_ The District or the
Commission or both may provide technical
assistance to any county or municipality for
the purpose of improving the effectiveness
of the county's or municipality's erosion,
sedimentation and pollution control
program. The District or the Commission
shall notify the Division and request
investigation by the Division if any deficient
or ineffective local program is found.
The Division may periodically review the
actions of counties and municipalities which
have been certified as Local Issuing
Authorities pursuant to Code Section 12-7-8
(a). Such review may include, but shall not
be limited to, review of the administration
and enforcement of a governing authority's
ordinance and review of conformance with
an agreement, if any, between the district
and the governing authority. If such review
indicates that the governing authority of any
county or municipality certified pursuant to
O.C.G.A. 12-7-8 (a) has not administered or
enforced its ordinances or has not
conducted the program in accordance with
any agreement entered into pursuant to
O.C.G.A. 12-7-7 (e), the Division shall notify
the governing authority of the county or
municipality in writing. The governing
authority of any county or municipality so
notified shall have 90 days within which to
take the necessary corrective action to
retain certification as a Local Issuing
Authority. If the county or municipality does
not take necessary corrective action within
90 days after notification by the division, the
division shall revoke the certification of the
county or municipality as a Local Issuing
Authority.
SECTION VII
PENALTIES AND INCENTIVES
A. FAILURE TO OBTAIN A PERMIT FOR
LAND -DISTURBING ACTIVITY
If any person commences any land -
disturbing activity requiring a land -disturbing
permit as prescribed in this ordinance
without first obtaining said permit, the
person shall be subject to revocation of his
business license, work permit or other
authorization for the conduct of a business
and associated work activities within the
jurisdictional boundaries of the Local Issuing
Authority.
B. STOP -WORK ORDERS
1. For the first and second violations of the
provisions of this ordinance, the Director
or the Local Issuing Authority shall issue
a written warning to the violator. The
violator shall have five days to correct
the violation. If the violation is not
corrected within five days, the Director
or the Local Issuing Authority shall issue
a stop -work order requiring that land -
disturbing activities be stopped until
necessary corrective action or mitigation
has occurred; provided, however, that, if
the violation presents an imminent
threat to public health or waters of the
state or if the land -disturbing activities
are conducted without obtaining the
necessary permit, the Director or the
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Revised June 2016
Local Issuing Authority shall issue an
Issuing Authority may call the bond or
immediate stop -work order in lieu of a
any part thereof to be forfeited and may
warning;
use the proceeds to hire a contractor to
2. For a third and each subsequent
stabilize the site of the land -disturbing
violation, the Director or the Local
activity and bring it into compliance.
Issuing Authority shall issue an
D. MONETARY PENALTIES
immediate stop -work order; and;
1. Any person who violates any provisions
3. All stop -work orders shall be effective
of this ordinance, or any permit
immediately upon issuance and shall be
condition or limitation established
in effect until the necessary corrective
pursuant to this ordinance, or who
action or mitigation has occurred.
negligently or intentionally fails or
4. When a violation in the form of taking
refuses to comply with any final or
action without a permit, failure to
emergency order of the Director issued
maintain a stream buffer, or significant
as provided in this ordinance shall be
amounts of sediment, as determined by
liable for a civil penalty not to exceed
the Local Issuing Authority or by the
$2,500.00 per day. For the purpose of
Director or his or her Designee, have
enforcing the provisions of this
been or are being discharged into state
ordinance, notwithstanding any
waters and where best management
provisions in any City charter to the
practices have not been properly
contrary, municipal courts shall be
designed, installed, and maintained, a
authorized to impose penalty not to
stop work order shall be issued by the
exceed $2,500.00 for each violation.
Local Issuing Authority or by the
Notwithstanding any limitation of law as
Director or his or her Designee. All such
to penalties which can be assessed for
stop work orders shall be effective
immediately upon issuance and shall be
violations of county ordinances, any
in effect until the necessary corrective
magistrate court or any other court of
competent jurisdiction trying cases
action or mitigation has occurred. Such
brought as violations of this ordinance
stop work orders shall apply to all land-
under county ordinances approved
disturbing activity on the site with the
under this ordinance shall be authorized
exception of the installation and
to impose penalties for such violations
maintenance of temporary or permanent
not to exceed $2,500.00 for each
erosion and sediment controls.
violation. Each day during which
C. BOND FORFEITURE
violation or failure or refusal to comply
If, through inspection, it is determined
continues shall be a separate violation,
that a person engaged in land -disturbing
activities has failed to comply with the
SECTION VIII
approved plan, a written notice to
EDUCATION AND
comply shall be served upon that
CERTIFICATION
person. The notice shall set forth the
measures necessary to achieve
compliance with the plan and shall state
A. Persons involved in land development
the time within which such measures
design, review, permitting, construction,
must be completed. If the person
monitoring, or inspection or any land -
engaged in the land -disturbing activity
disturbing activity shall meet the education
fails to comply within the time specified,
and training certification requirements,
he shall be deemed in violation of this
dependent on their level of involvement with
ordinance and, in addition to other
the process, as developed by the
penalties, shall be deemed to have
commission in consultation with the division
forfeited his performance bond, if
and the stakeholder advisory board created
required to post one under the
pursuant to O.C.G.A. 12-7-20,
provisions of Section V B. 6. The Local
S. For each site on which land -disturbing
activity occurs, each entity or person acting
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Revised June 2016
as either a primary, secondary, or tertiary
permittee, as defined in the state general
permit, shall have as a minimum one person
who is in responsible charge of erosion and
sedimentation control activities on behalf of
said entity or person and meets the
applicable education or training certification
requirements developed by the Commission
present on site whenever land -disturbing
activities are conducted on that site. A
project site shall herein be defined as any
land -disturbance site or multiple sites within
a larger common plan of development or
sale permitted by an owner or operator for
compliance with the state general permit.
C. Persons or entities involved in projects not
requiring a state general permit but
otherwise requiring certified personnel on
site may contract with certified persons to
meet the requirements of this ordinance.
D. If a state general permittee who has
operational control of land -disturbing
activities for a site has met the certification
requirements of paragraph (1) of subsection
(b) of O.C.G.A. 12-7-19, then any person or
entity involved in land -disturbing activity at
that site and operating in a subcontractor
capacity for such permittee shall meet those
educational requirements specified in
paragraph (4) of subsection (b) of O.C.G.A
12-7-19 and shall not be required to meet
any educational requirements that exceed
those specified in said paragraph.
SECTION IX
ADMINISTRATIVE APPEAL
JUDICIAL REVIEW
A. ADMINISTRATIVE REMEDIES
The suspension, revocation, modification or
grant with condition of a permit by the Local
Issuing Authority upon finding that the
holder is not in compliance with the
approved erosion, sediment and pollution
control plan; or that the holder is in violation
of permit conditions; or that the holder is in
violation of any ordinance; shall entitle the
person submitting the plan or holding the
permit to a hearing before the Mayor and
Council within
30 days after receipt by the
Local Issuing Authority of written notice of
appeal.
B. JUDICIAL REVIEW
Any person, aggrieved by a decision or
order of the Local Issuing Authority, after
exhausting his administrative remedies,
shall have the right to appeal denovo to the
Superior Court of Chatham County, GA.
SECTION X
EFFECTIVITY, VALIDITY
AND LIABILITY
A. EFFECTIVITY
This ordinance shall become effective on
the day of
2016.
B. VALIDITY
If any section, paragraph, clause, phrase, or
provision of this ordinance shall be
adjudged invalid or held unconstitutional,
such decisions shall not affect the remaining
portions of this ordinance.
C. LIABILITY
1. Neither the approval of a plan under the
provisions of this ordinance, nor the
compliance with provisions of this
ordinance shall relieve any person from
the responsibility for damage to any
person or property otherwise imposed
by law nor impose any liability upon the
Local Issuing Authority or District for
damage to any person or property.
2. The fact that a land -disturbing activity
for which a permit has been issued
results in injury to the property of
another shall neither constitute proof of
nor create a presumption of a violation
of the standards provided for in this
ordinance or the terms of the permit.
3. No provision of this ordinance shall
permit any persons to violate the
Georgia Erosion and Sedimentation Act
of 1975, the Georgia Water Quality
Control Act or the rules and regulations
promulgated and approved thereunder
or pollute any Waters of the State as
defined thereby.
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