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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 C AV lullt�}kt*Jl �; _ W17i 3 asl; loci I t 300 600ft m R -i -B ra ,stl - - 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 E:3 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 12 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. 13 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 14 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 15 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. 16