HomeMy Public PortalAbout19731128SCMeeting1
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Savannah Beach, Georgia
November 28, 1973
A special called meeting of Savannah Beach City Council
was held at 7:30 this evening for the following purposes:
(1) To adopt a Resolution of a Declaration of Intent
regarding legal agreements between the City of
Savannah Beach and the State of Georgia, con-
cerning the area eighteen feet landward of the
sea wall.
(2) Adopting a Resolution authorizing a casual
deficiency loan made necessary due to the late
billing of the annual real estate taxes.
(3) Holding second and final reading and public
hearing on Sand Dune Ordinance.
(4) Appoint member to fill vacancy on Board of Registrars.
Due to the large crowd, this meeting was moved from the
council room to the auditorium. It was presided over by Mayor
Hendrix and a quorum consisting of the following councilmen was
present:
Edward Towns, Walter Parker, Edward Jung and
Ernest Hosti.
City Attorney Fred Clark was also present.
Visitors at the meeting were Mr. Paul Ramee, Dr. George
Oertell, William Saxman, Paul Pritchard and approximately seventy -
five interested citizens concerned with the Sand Dune Ordinance
which was scheduled for a final reading this evening.
As the first order of business, Mayor Hendrix requested
City Attorney and Recorder Mr. Fred Clark to administer the oath
of office to newly elected councilwomen, Mrs. Karen Losey.
OATH OF OFFICE
Mayor Hendrix then introduced Mr. Paul Pritchard, Chief Planner for
the State Department of Natural Resources, with who he and council
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had been working real closely on the Sand Dune Ordinance.
Councilman Edward Jung explained that due to the late
billing of our taxes caused by the late receipt of county valuations
and the tax digest print -out of Savannah Beach property, it would be
necessary for the City to make a casual deficiency loan at the
bank until such time as our new tax money begins to come in
which we anticipate will be sometime in January. Mr. Jung then read
the following Resolution and moved its adoption:
RESOLUTION
The motion was seconded by Councilman Hosti and unanimously
carried.
Mayor Hendrix announced that Mr. Jim Fabrikant, Chief
Voter Registrar, had recommended Mr. Edmund Solomon, former Fire
Chief, to fill the vacancy now xisting on the Savannah Beach Board
of Registrars. Councilman Hosti moved that Mr. Edmund Solomon
be appointed to the Board of Registrars. This motion was seconded
by Councilman Ed Towns and unanimously carried.
Mayor Hendrix then opened the public hearing phase of the
meeting and called upon Mr. Paul Ramee, the City's consulting
engineer for his explanation of the need for this particular
ordinance and what we hoped to ccomplish with it.
Mr. Ramee stated that he would try to give everyone a
brief explanation of what they ave tried to do in cooperation
with the State Department of Natural Resources with the Ordinance.
He stated that in structuring t is Ordinance with Dr. Oertell,
well -known sedimentologist, and Bill Saxman of the Metropolitan
Planning Commission, it was thei •. primary objective to structure
an Ordinance that would be legal, equitable, effective and timely.
Mr. Ramee also explained the function of the City in participation
with and the enforcement of this 0 dinance.
Dr. George Oertell explaine
and their function as related to b
how sand dunes are formed
ach erosion and accretion.
Mr. Bill Saxman, Planner wit Metropolitan Planning Commis-
sion, explained the language and me -ping of the Ordinance itself.
Mr. Ramee then opened the meeting for questions that anyone
in the audience may have. Then followed a very lengthy discussion
period during which the following persons participated:
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Mr. and Mrs. Richard Grosse
Mr. and Mrs. John McGinty
Mrs. Louise Shaw
Mrs. Jean Kehoe
Mrs. Alvin Davis
Mr. Jim Bullock
Mr. M. J. Counihan
Mr. Wm. Whalen
Mr. Don Tuten
Mrs.Virginia Ward
Mr. Bob Williams
Mr. John Duor
Mr. George Hoffman
Mr. Hans Neuhauser
When the question and answer period was completed, the
Mayor and Council retired to the council chambers and went into
executive session to consider the various suggested changes in the
Ordinance which were brought out in the hearing. After a lengthy
discussion with opinions and recommendations injected by Mr. Ramee,
Mr. Pritchard and Mr. Saxman, it was decided to revise Section 107
and Section 104:
AMENDMENTS TO SECT. 107 and 104
SAND DUNE ORDINANCE
Councilman Edward Towns then moved that these two
amendments be made to the proposed Ordinance. The motion was
seconded by Councilman Jung and unanimously carried.
Mayor Hendrix then called for the second and final reading
of the Sand Dune Ordinance, as amended. It was then read by Attorney
Fred Clark with Section 107 and Section 104 revised.
ORDINANCE
Councilman Parker then moved that the Sand Dune Ordinance,
as amended, be adopted on this final reading. The motion was seconded
by Mrs. Losey and unanimously carried and the Sand Dune Ordinance,
as amended, was enacted on this final reading.
In connection with the adoption of the Sand Dune Ordinance,
Councilman Jung explained that it was also necessary for the Mayor
and Council to adopt a Resolution agreeing to execute a legal
agreement with the Georgia Department of Natural Resources that will
insure that no development, except authorized crosswalks and other
structures necessary for the general health, safety, and welfare
of the people, shall be constructed in the area between the ocean
and a line 18 feet landward of the sea wall, provided that the
land is owned by the City. He then moved the adoption of the
following Resolution:
RESOLUTION
The motion was seconded by Councilman Hosti and
unanimously carried.
There being no further business, the meeting was adjourned
to the next regular or special called meeting.
MAYOR
CLERK OF COUNCIL
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I, KAREN YOUNG LOSEY, do solemnly swear that I will
faithfully discharge the duties devolved on me as Councilman
of the City of Savannah Beach, Tybee Island; that I will
faithfully execute and enforce the laws and ordinances of the
City to the best of my ability, skill and knowledge; that I
will support and uphold the Constitution and laws of the United
States and the Constitution and laws of the State of Georgia;
and that I am not a member of the Communist Party and I have
no sympathy for the doctrines of Communism and I will not lend
my aid, support, advice, counsel nor my influence to the
Communist Party nor to the teachings of Communism. SO HELP ME
GOD.
Sworn to and subsgribed
befoT me phis o day
of , 1973
FRED S. CLARK
Judge of Recorders Court
Savannah Beach, Georgia
'` c(�L 17 Lam'
KAREN Y G 'LOEY
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RESOLUTION
AUTHORIZING TEMPORARY LOAN BY THE CITY.OF SAVANNAH BEACH,
TYBEE ISLAND, GEORGIA, UNDER THE CONSTITUTION OF THE STATE
OF GEORGIA, ARTICLE VII, SECTION VII, PARAGRAPH IV, AND
FOR OTHER PURPOSES.
WHEREAS, under and by virtue of the Constitution of
the State of Georgia, Article VII, Section VII, Paragraph IV
(Section 2 -6004 of the Georgia Code of 1933, Annotated) each
County, Municipality or Political Subdivision of the State
• authorized to levy taxes is given the authority to make
temporary loans between January 1, and December 31 in each year
to pay expenses for such year, upon certain conditions; and
WHEREAS, such conditions have been fulfilled by the
City of Savannah Beach, Tybee Island, Georgia as hereinafter
appears; and
WHEREAS, the said City of Savannah Beach, Tybee,
Island, Georgia has now outstanding no temporary loan, or loans,
made in the current year, or in any prior year; and
WHEREAS, the total gross income of said City of
Savannah Beach, Tybee Island, Georgia from taxes in the last
preceding fiscal year (1972 -1973) was $177,200.00; and
WHEREAS, the total anticipated revenue of the City of
Savannah Beach, Tybee Island, Georgia for the year 1973 -1974
exceeds $402,500.00; and
WHEREAS, the amount to be borrowed, .$50,000.00, plus
all other anticipated obligations and expenses of the City of
Savannah Beach, Tybee Island, Georgia for the fiscal year
1973 -1974 are less than the total anticipated revenue from all
sources for such fiscal year; and
WHEREAS, under the aforesaid authority, the City of
Savannah Beach, Tybee Island, Georgia may make such temporary
loan, or loans, in the fiscal. year. 1973- 1.974 in a total amount
not to exceed $50,000.00; and
WHEREAS, the Mayor and Council constitute the
governing body of the City of Savannah Beach, Tybee Island,
Georgia.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council
of the City of Savannah Beach, Tybee Island, Georgia in a
legally called meeting, assembled November 28, 1973:
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That the City of Savannah Beach, Tybee Island,
Georgia is hereby authorized to borrow from Savannah Bank &
Trust Company of Savannah the sum of $50,000.00 to be
represented by a Promissory Note bearing interest at the
prevailing and best obtainable rate of interest per annum, and
the entire amount, together with interest, to be repaid on or
before December 31, 1973. The Promissory Note evidencing said
loan shall be executed in the name of the City of Savannah
Beach, Tybee Island, Georgia and signed by the Mayor and /or
Mayor Pro Tem and Clerk of Council.
Passed in regular session this 28th day of November, 1973.
CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA
ATTEST:
(SEAL)
City Clerk
I HEREBY CERTIFY that the above and foregoing is a
true and correct copy of a Resolution adopted by the Mayor and
Council of the City of Savannah Beach, Tybee Island, Georgia
held on November 28, 1973. I further certify that said
Resolution has not since been changed or amended.
THIS 2F''" day of Novembers 1973.
November 28,'1973 Amendments to Sand Dune Ordinance
SECTION 107 .. Non- Conforming Uses . . .
3. Damaged Use. A building or structure which
• • • or more of the total tax value; provided,
however, if a structure is not intentionally damaged
or destroyed by the owner or the occupant, then the
the owner may reconstruct or repair the structure to
a comparable status, provided further that the structure
does not occupy more land area or space than the original
structure and that construction is begun within twelve (12)
months after the structure is destroyed or damaged.
SECTION 104.'
Vegetation and Dune Disturbance .
(In fifth line add the word NATURAL before the word VEGETATION
so that the line reads as follows:
shrubbery, grass or other natural vegetation
growing seaward of said line,. without ...."
First Reading: November 21, 1973
Second Reading: November 28, 1973
Adopted: November 28, 1973
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November 28, 1973
REVISED DUNE PROTECTION ORDINANCE
CITY OF SAVANNAH BEACH
Section 101. Definitions
Dune Protection Area. A certain area of the coastline is
vulnerable to rapid changes in shore line position. This area
of vulnerability is known to be variable in width because of
variations in hydrography, currents, wave exposure, dune
formations, beach profiles and artificial beach erosion
control measures. On Tybee Island, this area shall be known
as the Dune Protection Area and is divided into two areas.
Within the federal beach erosion control project, the Dune
Protection Area is generally that area bounded by the
Atlantic Ocean and a line located 120 feet landward of the
center of the seawall. Outside of the Beach Nourishment
Project Area, the Dune Protection Area is that area bounded by
the adjacent body of water and a boundary line selected to
include the limits of rapid shoreline change.
Within the Dune Protection Area, a Dune Protection Line shall
be established. The Dune Protection Line is the landward
limit of the area within which the restrictions of the Dune
Protection Ordinance are applicable. The location of the Dune
Protection Area indicated -on the official Dune Protection Map
shall establish the exact location of the Area.
Dune Protection Line. The Dune Protection Line (DPL) when
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established is the official landward limit for dune protection.
It shall be jointly set by representatives of the City and the
Georgia Department of Natural Resources based upon consideration
of hydrography, currents, wave exposure, dune formations, beach
profiles, and artificial beach erosion control measures.
a.. In the portion of the beach included in the federal beach
erosion control project, the Dune Protection Line shall, in
general, be located forty (40) feet landward of the crest of
the first dune landward of the seawall, however, in no case
shall it be closer than forty (40) feet nor more distant than
one - hundred and twenty (120) feet landward of the seawall.
Where there are no dunes, the DPL will be located fifty (50)
feet landward of the seawall north of 10th Street and forty
(40) feet landward of the seawall of 10th Street.
b. In portions of the beach outside the federal project, the
Dune Protection Line will in general be located forty (40) feet
landward of the crest of the first stable dune.
Federal Beach Erosion Control Project. The Federal Beach Erosion
Control Project is that frontage along the Atlantic Ocean be-
tween the groin on the north end of Tybee Island and the exten-
sion of 19th Street, as indicated on the official Dune Protection
Map.
Section 102. Intent of the Ordinance. It is the intent of this
Ordinance to protect the health, safety and welfare of the people
of Savannah Beach by affording some degree of protection from
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tides and high water storm surges , winds, and erosion; to
insure that development within the Dune Protection Area ocurs
without adversely affecting the existence, future, or natural
functions of the beach and dune areas; and to insure that
development within the Dune Protection Area occurs without
subjecting property adjacent and further inland to additional
potential danger from actions of wind and water.
Section 103. Establishment and Reassessment of Dune Protection
Area and Dune Protection Line
a. The Dune Protection Area shall be shown on the official
Dune Protection Map.
b. The Dune Protection Line when established on the date of
the adoption of this ordinance shall be shown on the official
Dune Protection Map. Where the Dune Protection Line is not
shown, it shall be established within 90 days of the adoption
of this ordinance and indicated on the Dune Protection Map.
c. The Mayor and Council shall reassess the location of all
boundary lines associated with this Ordinance no less frequently
than once every five (5) years. Proposed changes in the boundary
lines shall be submitted to the Georgia Department of Natural
Resources for review and approval, prior to adoption by the
Council.
Section 104. Vegetation and Dune Disturbance. It shall be
unlawful for any person, firm, or corporation in any manner to
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damage, destroy or remove any sand dune, or part thereof, lying
seaward of the Dune Protection Line as defined herein, or to
kill, destroy, remove or alter the form of any trees, shrubbery,
grass or other natural vegetation growing seaward of said line,
without first having obtained a permit from the Savannah Beach
City Council.
Section 105. Criteria for Granting Vegetation and Dune Disturbance
Permit. No permit, as requested in Section 104, shall be granted
unless the applicant shall have sufficient proof for the Savannah
Beach City Council that the particular action proposed will not
materially weaken the dune (or incipient dune), including its
vegetation, or reduce its effectiveness as a means of protection
from the effects of high wind and water, taking into consideration
the height, width, and slope of the dune or dunes; the amount
and type of vegetation thereon and wind processes affecting the
development of the dunes- Such proof shall be kept as public
record and filed with the application.
Section 106. Permitted Uses in Dune Protection Area.
a. Restricted Uses. No construction or development shall be
allowed in the Dune Protection Area, except as specified in
paragraphs b. and /or c. below; provided, however, that under
no circumstances shall construction or development other that
authorized and permitted dune - crossing structures, dune con-
struction, or other structures necessary for the safety,
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health and welfare of the people of Savannah Beach be allowed
within eighteen (18) feet of the landward side of the sea wall.
b. Conditional Uses. Only uses allowed in the respective
zoning districts established by the Savannah Beach Zoning Ordinance
shall be considered in the Dune Protection Area. Such uses shall
be considered as conditional uses when proposed to be located,
erected or constructed seaward of the Dune Protection Line, and
shall be considered as an appropriate use only subject to the
following conditions:
1. The applicant for a conditional use permit shall submit an
environmental impact statement that establishes that the
proposed use will have no significant short or long -range
adverse environmental effects, including increasing potentials
for beach erosion; interference with existing or proposed
dune sequences; and exposure of inland properties to wind,
water or wave damage.
2. A site plan shall accompany the application for a conditional
use permit indicating the location, type of construction,
and all other appropriate data required to indicate the
proposed improvements.
3. All permanent buildings or structures shall be built at the
first floor elevation as set forth in the local approved
National Flood Insurance Program or higher if required to
satisfy the conditions of paragraph one (1) above.
c. In the event no dune exists within the federal beach erosion
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control project area, and an applicant desires to construct
in the Dune Protection Area landward of the Dune Protection
Line, the City Council may require as a condition to granting
the permit a deposit, in an escrow account, of sufficient funds
to defray the cost of encouraging the formation of dunes and
foredunes after construction of the federal beach erosion
control project. The determination of whether to require the
deposit will be made by the City Council based upon the nature
of the structure and its intended use. The amount of the
deposit will be calculated by the City Council at the time the
deposit is required.
d. The provisions of this ordinance shall not apply to such
recreational activities as sun bathing, picnicing, and boating.
Such activities shall be allowed within the Dune Protection
Area if not restricted by other laws or ordinances.
Section 107. Nonconforming Uses. Any lawful use of land or
building existing on the effective date of this ordinance or
on the effective date of any subsequent amendment thereto and
located seaward of the Dune Protection Line is hereby declared to
be a nonconforming use.
a. A nonconforming use of building, structure or land may
be continued with the following limitations:
1. Extension of Use. It shall not be extended to occupy a
greater area of land or space seaward of the Dune
Protection Line.
(Amended March 20, 1974 by adding Section (e) (See Minutes of that Meeting)
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2. Vacant Use. A tract or structure of land which has
housed a nonconforming use shall not be reopened to
a nonconforming use after it has remained vacant for
a period of twelve (12) months.
3. Damaged Use. A building or structure which housed or
houses a nonconforming use shall not be reoccupied by
a nonconforming use after it has been damaged to the
extent of seventy -five (75) percent or more of the
total tax value; provided, however, if a structure is
not intentionally damaged or destroyed by the owner or
the occupant, then the owner may reconstruct or repair
the structure to a comparable status, provided further
that the structure does not occupy more land or space
than the original structure and that construction is
begun within twelve (12) months after the structure is
destroyed or damaged.
b. Regardless of subsection a. above, a nonconforming use of
building, structure or land may be continued or re- esablished
provided the requirements of Section 106 are met.
Section 108. Procedures for Submitting and Reviewing Permit
Applications.
a. Permit Required. All users or improvements proposed within
the dune Protection Area shall require a permit from the
Savannah Beach City Council. Permit applications, submitted
in triplicate, will be either preliminary or complete as follows:
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1. Preliminary permits will be submitted for activities
planned within those portions of the Dune Protection
Area in which the Dune Protection Line has not been
established. They will indicate the nature of the
activity and its location with respect to an established
limit of the Dune Protection Area. Its purpose will be
to require establishment of the related Dune Protection
Line to determine whether a complete permit application
is required. The Dune Protection Line will be established
within ten (10) days after the receipt of a preliminary
application.
2. If the proposed activity is everywhere landward of the
Dune Protection Line, a permit for the activity will be
granted without further review insofar as this regulation
is concerned, except as provided in Section 106 c. herein.
3. If the activity lies seaward of the Dune Protection Line,
in whole or in part, a complete application is required.
All applications shall be accompanied by an environmental
impact statement, site plan(s) and all other appropriate
data required to indicate proposed improvements. All
applications shall be submitted to the Building Official
for processing for the City Council.
b. Referral to Planning Commission. Within five (5) days after
acceptance for filing of any application, the Building
Official shall transmit one copy thereof to the Savannah
Beach Planning Commission for its review and recommendation.
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The Planning Commission shall have thirty (30) days
within which to submit its report to the Mayor and
Council. If the Planning Commission fails to submit a
report within a thirty -day (30) period, it shall be deemed
to have approved the requested change or departure.
c. Criteria for Granting a Construction or Improvement Permit.
All recommendations and actions made by the review agencies
and City Council on an application shall be based on the
provisions and intent of this ordinance and will be guided
by a separate set of general guidelines and /or policy
statements dealing with the Dune Protection Area to be pro-
vided later by City Council.
d. Hearing Procedure.
1. Hearing Called. Before taking action on a complete
application, the Mayor and Council shall hold a public
hearing thereon, at least fifteen (15) days notice of the
time and place of which shall be published in a newspaper
of general circulation within the City. Such notice
shall state the application number and shall contain a
summary of the proposed application and the location of
the property, its area, name of owner and the proposed
use.
2. Notice of Interested Parties. A notice shall be sent to
the applicant and the Planning Commission by mail of the
date, time and place of hearing. All application files
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shall be placed in the custody of the Building Official
and shall be open to public inspection during regular
office hours.
Section 109. Appeal Procedures. Any person who is aggrieved
or adversely affected by any permit granted or denied under
provisions of this Ordinance, or any person who alleges that a
permit has been issued in violation of provisions of the Ordinance,
shall, upon petition, have a right to a hearing as set forth
below:
a. Local Hearing Board. The Mayor and Council shall appoint an
appeals board consisting of three (3) members to review any
decisions of City Council appealed in accordance with the
provisions of this ordinance. The term of office for each
member shall be for three years, however, in order that not
more than one term shall expire upon the same date, the term
of the initial members shall be for a period of one, two and
three years respectively so that the members shall serve
overlapping terms. Any vacancy in the membership shall be
filled for the unexpired term in the manner as the initial
appointment. The local hearing board members shall only be
removable for cause by the Mayor and Council upon written
charges and after public hearing. The Mayor and Council
shall determine the amount of compensation, if any, to be
paid to the hearing members. None of the hearing members
shall hold any other public office or be an employee of the
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City, except that one member may be also a member of the
planning commission. The hearing officers shall be
residents of the City of Savannah Beach. Any member of the
board shall be disqualified to act upon a matter before the
board with respect to property in which the member has an
interest. The board shall elect one of its members as
chairman, who shall serve for one year or until he is re-
elected or his successor is elected. Appeals to the local
appeals board shall be filed with said appeals board within
thirty (30) days of the issuance or denial of a permit by the
City Council, specifying the grounds for the appeal. Within
five (5) days of an appeal being filed4 the City Council
shall transmit to the hearing board all the papers and other
data constituting the record upon which the action appealed
from was taken. The hearing board shall have a reasonable
time to review the material and hold a hearing on the appeal;
however, said hearing shall be held within thirty (30) days
of receiving written notice of said appeal. Upon receipt
of such petition for an appeal, the hearing board chairman
shall set a time and place for such hearing and shall give
the petitioner written notice thereof. At such hearing the
petitioner shall be given an opportunity to be heard and to
show why the decision or the City Council should be modified or
recended. The proceedings at such a hearing, including the
findings and decision of the hearing officer, and together
with a copy of every notice and order related thereto shall
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be entered as a matter of public record in the office of
the City Building Official. The decision of the hearing
board shall be final unless an appeal is granted before
the Georgia Department of Natural Resources hearing officer
as provided by this section.
b. State Hearing Officer. The Georgia Department of Natural
Resources shall appoint a hearing board to review decisions
appealed from the local level. Upon petition within thirty (30)
days of a decision of the local hearing board, a hearing
before a hearing officer appointed by the Georgia Department
of Natural Resources shall be granted any person aggrieved or
adversely affected by any permit granted or denied under
provisions of this Ordinance. The initial hearing and any
administrative review thereof shall be conducted in accordance
with the Georgia Administrative Procedure Act (Title 3A),
as now or hereafter amended. Any person who is aggrieved or
adversely affected by the order of the Board of Natural Resources
is entitled to a judicial review. In this connection, all
proceedings for judicial review shall be conducted pursuant
to the Georgia Administrative Procedure Act (Title 3A), as
now or hereafter amended. Any party to the proceedings may
secure a review of the judgement of the superior court by
appeal in the manner and form provided by law for appeals
from the superior courts to the appelate courts of this state.
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Section 110. Other Remedies. Whenever, in the judgement of
the City Council or any interested citizen, any person is engaged
__in an activity in violation of this Ordinance, the City Council
or any interested citizen may make application to the superior
court for an order enjoining such action or practice, or an order
enforcing compliance with this Ordinance. Upon a showing by
City Council or any interested citizen that such a person had
engaged° in or is about to engage in such activity, a permanent
or temporary injunction, restraining order, or other order shall
be granted without the necessity of showing lack of an adequate
remedy at law.
Section 111. Application for Amendment. Applications for
amendment of this Ordinance may be in the form of proposals for
amendment of the text of these regulations or proposals for
amendment of the Dune Protection Map. Applications for amendment
shall be submitted to the City Council of Savannah Beach, in
triplicate via the Building Official. Such applications will
give the reasons for requesting change of the text and/or Dune
Protection Map which would support the intent and purposes of this
Ordinance. The City Council shall not accept a petition for a
map or text amendment seeking the same relief for which a decision
was rendered within the previous twelve (12) consecutive month
period. All pervious applications for a text or map amendment
affecting the same premises shall be listed.
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Section 112. Procedures for Amending the Dune Protection Ordinance.
a. General Conditions. This Ordinance, including the Dune Pro-
tection Map, may be amended by the City Council of Savannah
Beach on their own motion, on petition, or on recommendation
of the Planning Commission, or on the recommendation of the
Georgia Department of Natural Resources, but no amendment
shall become effective unless it shall have been proposed
by or shall first have been submitted to the Planning Commis-
sion for review and recommendation to the City Council and to
the Georgia Department of Natural Resources for review and
approval.
b. Referral to Planning Commission. The Planning Commission
shall submit its report within thirty (30) days after re-
ceiving an amendment proposal from the City Council of
Savannah Beach for review, otherwise said amendment shall be
deemed approved by the Planning Commision.
c. Referral to the Department of Natural Resources. The Georgia
Department of Natural Resources shall submit its report
within thirty (30) days after receiving an amendment proposal
from the City Council of Savannah Beach for review, otherwise
said amendment shall be deemed approved by the Department of
Natural Resources.
d. Public Hearing. Before-enacting an amendment to this Ordinance,
the City Council shall give public notice and hold a public
hearing thereon. Notice of the hearing shall be published
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in a newspaper of general circulation within Savannah
Beach. Such notice shall state the application number, and
contain a summary of the proposed amendment if a text amend-
ment, and in the case of a map amendment, the location of
the property, its area, name of owner, and the proposed
change in the Dune Protection Line or Area.
e. Notice of Hearing. A notice shall be sent to the applicant,
the planning commission and the Georgia Department of Natural
Resources, by mail, indicating the date, time and place of
the hearing. All amendment files shall be placed in the custody
of the Building Official and shall be open to public inspec-
tion during regular office hours.
Section 113. Penalties. In case any building or structure is
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erected, constructed reconstructed, demolished, altered, repaired,
moved, converted or maintained in violation of this Ordinance,
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or any building structure, land, or vegetation is used or dis-
turbed in violation of this Ordinance, the offender, upon con-
viction shall be guilty of a misdemeanor and shall be subject to
such penalties as are provided by law for other misdemeanors.
Each and every day a violation continues shall be deemed a separate
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offense.
Section 114. Severability. If any section, clause, provision, or
portion of these regulations shall be held to be invalid or un-
constitutional by any court of competent jurisdiction, said hold-
ing shall not affect any other section, clause, or portion of
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these regulations which is not itself declared by a court of
competent jurisdiction to be invalid or unconstitutional.
Section 115. Conflicts and Repeal. Where this Ordinance imposes
greater restrictions upon the use of the building, structure or
land, or upon the height, bulk or size of a building or structure
or requires larger open spaces than are imposed or required by
other ordinances, rules, regulations or permits, or by easements,
covenants, or agreements, the provisions of this Ordinance shall
govern. Where any other ordinance, rules, regulations or permits,
or easements, require greater restrictions upon the use of a
building, structure or land, or upon the height, bulk or size of
a building or structure, or require larger open spaces than are
required under the regulations of this Ordinance, such provisions
shall govern. All existing ordinances or part of ordinances
which are in conflict with this Ordinance are hereby repealed.
First Reading:
Second Reading:
Adopted:
Amended:(Sec.113)
1
November
November
November
July 14,
21, 1973
2a, 1973
28, 1973
1975
- 16 -
1
1
A R E S O L U T I O N
WHEREAS, The Georgia Department of Natural Resources
and the City of Savannah Beach intend to work cooperatively
with the U. S. Army Corps of Engineers in restoring the sand
beach of Tybee Island; and
WHEREAS, it is the legislative mandate of the Depart-
ment of Natural Resources to insure that the financial investment
of the State of Georgia in the project is used in the wisest and
most judicial manner; and
WHEREAS, the restored beach will provide recreational
facilities for the enjoyment and benefit of all the people of
the State of Georgia; and
WHEREAS, the City of Savannah Beach owns or will acquire
certain properties located seaward of a line 18 feet landward of
the sea wall (or on the northern end of Tybee Island, and exten-
sion of the existing sea wall);
NOW THEREFORE, BE IT RESOLVED, that the City of Savannah
Beach, through its elected members to the City Council, agrees
to execute a legal agreement with the Georgia Department of
Natural Resources that will insure that no development, except
authorized crosswalks and other structures necessary for the
general health, safety, and welfare of the people, shall be
constructed in the area between the ocean and a line 18 feet
landward of the sea wall (or an extension of the sea wall), pro-
vided that the City of Savannah Beach owns such land. All such
construction shall be subject to the approval of the Department of
Natural Resources. The legal agreement between the City of Savannah
Beach and the Georgia Department of Natural Resources shall be in
the nature of a permanent covenant or a scenic easement on said
property.
BE IT FURTHER RESOLVED that the City of Savannah Beach
does hereby agree to carry out the intent of this Resolution in
the interim time prior to the adoption of the above mentioned
legal agreement.
Adopted in open council meeting this 2 9' day of A/covw2/4 a =R , 1973.
(SEAL)
MAYOR
CLERK OF COUNCIL
1
37
Savannah Beach, Georgia
December 11,. 1973
A special meeting of Savannah Beach City Council was
held this evening at 7:30 P.M. for the following purposes:
(1) Adopt Resolution to accept Federal Grant to
construct Phase III of our Pollution Abatement
Program consisting of a survey, analysis and
the replacement of existing corroded and disin-
tegrated pipes in our sewage collection system.
(2) Authorize Mayor to execute Supplemental Agreement
with State Department of Transportation deleting
certain streets from our unfinished paving contract
due to the shortage of paving funds.
(3) Adopt Resolution authorizing Mayor to enter into
agreement to indemnify Chatham County for any
sums Chatham County is required to expend in
excess of $137,110.00 for the Tybee Island Beach
erosion Control Project.
The meeting was presided over by Mayor Hendrix and a
quorum of the following councilmen were present: Earl Anderson,
Walter Parker, Karen Losey, Ernest Hosti and Edward Towns..
Councilman Earl Anderson informed council that in order
to comply with the Environmental Protection Agency relative to
our new Phase III Grant, it was necessary to adopt the following
Resolution:
RESOLUTION
Mr. Anderson then moved the adoption of the Resolution.
The motion was seconded by Councilman Hosti and unanimously carried.
Councilman Towns stated that, due to the shortage of
our paving funds, the following streets be deleted from our unfinished
paving contract with the State Department of Transportation and
Mayor Hendrix be authorized to execute Supplemental Agreement
deleting same. Councilman Towns then moved that Mayor Hendrix be
authorized to execute Supplemental Agreement with the Department
of Transportation withdrawing these streets from our present unfinished
state contract. The motion was seconded by Councilman Hosti and
unanimously carried.
SUPPLEMENTAL AGREEMENT
38
_2_
Councilman Parker informed council that the U. S. Corps of
Engineers had now required Chatham County be a co- signer of the
Contract for our Beach Erosion Control Project and Chatham County
had, in turn, requested that Savannah Beach enter into an
Agreement with them, signing a contract of indemnification for
any sums spent by Chatham County in excess of $137,110.00. He
then offered the following Resolution, authorizing the Mayor to
execute a contract and enter into such agreement and moved its
adoption.
carried.
RESOLUTION & COUNTY CONTRACT
The motion was seconded by Councilman Hosti and unanimously
There being no further business on the agenda for this
special called meeting, it was adjourned to the next regular or
special called meeting.
CLERK OF COUNCIL
MAYOR
Cii1146-yi
1
1
1
A RESOLUTION
WHEREAS, the City of Savannah Beach proposes to
construct a project for the abatement of pollution, consisting
of a survey, analysis and the replacement of existing corroded
and disintegrated pipe in our sewage collection system; and
WHEREAS, the proposed project may be eligible for
Federal Grant assistance:
NOW, THEREFORE, BE IT RESOLVED by the Mayor and
Council of the City of Savannah Beach to accept the offer of a
Grant from the Environmental Protection Agency and to comply
with all requirements and conditions of said offer.
BE IT FURTHER RESOLVED THAT William Allen Hendrix,
Mayor of the. City of Sayan nah Beach, will be the representative
of the City of Savannah Beach for all required offered actions
concerning the proposed project. Read and passed by a quorum of
the City Council this llth day of DECEMBER, 1973.
Mayor and Council of the
CITY OF SAVANNAH BEACH, GEORGIA
E. M. Patterson
Clerk of Council
William Allen Hendrix, Mayor
(SEAL)
I.JuT abb
Department of Transportation
suPPT ;EIVIENTAL AGREEMENT
Department of Transportation
State of Georgia,
Atlanta, Georgia.
Georgia State Aid project No....PR 3218. (4)
County Chatham
WHEREAS, We Mayor & Council, City of Savannah Beach
Contractors, and. None
Surety,
entered into a contract with the Department of Transportation, State of Georgia, on 23 April
19 73 , for the construction of State Aid PI-ject140.__PR 3214_0)
Chatham
County, and
WHEREAS, certain items of construction encountered are not covered by the original contract
we desire to submit the following Supplemental Agreement to-wit:
Delete the. following Streets from contract due to shortage of City's paving funds:
Strand Street from 15th Street to 14th Street .095 Mile
Twelfth Street from Venetian Dr. to Butler Ave. .280
Fourteenth Street from Chatham Ave. to Conc. Seawall .520
Inlet Avenue from Chatham Ave. to 17th Street .058
Fifteenth Street from Butler Ave. to Conc. Seawall .130
Second Avenue from 17th Street to 14th Street .326
Lovell Avenue from 17th Street to 15th Street .174
1.583 Miles
This agreement in no way modifies or changes the original contract of which it becomes a part,
except as specifically stated herein.
Now Therefore, We.
Mayor & Council, City of Savannah Beach
Contractors, and None •
, Surety,
hereby agree to said Supplemental Agreement consisting of the above mentioned items and prices,
and agree that this Supplemental Agreement is hereby made a part of the original contract to be per-
formed under the specifications thereof, and that the original contract is in full force and effect,
except in so far as it might be modified by this Supplemental Agreement.
Date this 3 day of December
Recommend for Approval:
District Engineer
Approved:
Date /7- -1/ - 73
State Highway Engineer
Mayor & Council
City of Savannah Beach
Contractor
By -1,0,,,A14.v.rra...e9a--an. 1:1014.1.1
Surety
By:
1
STATE OF GEORGIA
COUNTY OF CHATHAM
WHEREAS, it is in the interest of the citizens of Chatham
County that the Chatham County Commissioners cooperate fully .
and contract when necessary.with other agencies of government
to control erosion at Savannah Beach and to encourage the
rebuilding of eroded beach areas; and
WHEREAS, to accomplish the purposes given above it is
necessary and desirable that Chatham County enter into an agree-
ment with the City of Savannah Beach for the sharing of local
costs incidental thereto;
NOW THEREFORE BE IT RESOLVED by the Chatham County Commissioners;
that the Chairman of this Board be and he is hereby authorized to
sign the attached agreement between Chatham County and the City
of Savannah Beach for and in behalf of Chatham County, and that
the clerk of this court is directed to attest said signature
and affix the Seal of the Chatham County thereto.
In Open meeting this 21st Day of December, 1973.
ATTEST:
6cL.
Coleman,
Jr., J. T Chairman
1, J. E. Lambright, Clerk of the Commissioners of
Chatham County, Georgia, hereby certify that ,th
g is a true extract of the m'nutes of th .
meeting of the Con-am s3-2. -.srs of .thEm .ount
held the o2 /4-24 flay of -e .1-41d 19 75
IN WITNESS WHEREOF 1 have hereunto set m,
hand and the official seal of the Court, this-12L
day of 19
1
1
STATE OF GEORGIA )
COUNTY OF CHATHAM )
THIS AGREEMENT entered into this 21st day of
December, 1973, by and between City of Savannah Beach, Tybee
Island, State of Georgia, hereinafter called "City" and Chatham
County, a political subdivision of the State of Georgia, here-
inafter called "County ",
- WITNESSETH -
WHEREAS, an agreement is to be entered into on the
21st day of December, 1973, by and between UNITED STATES OF
AMERICA, THE STATE OF GEORGIA, and CITY OF SAVANNAH BEACH,
TYBEE ISLAM, whereby the parties are to cooperate to complete
a Beach Erosion Control Project, and
WHEREAS, CHATHAM COUNTY, GEORGIA, as a governmental
body is to provide $140,606.00 as its one -time contribution which
sum shall represent the amount that would otherwise be required
from CITY OF SAVANNAH BEACH, TYBEE ISLAND, and
WHEREAS, CHATHAM COUNTY, GEORGIA, has required of and
CITY OF SAVANNAH BEACH, TYBEE ISLAND, has agreed to pay any
funds in excess of the said $137,110.00 which agreement serves to
assure that the excess funds will be paid to constitute the 10%
required by CITY OF SAVANNAH BEACH, TYBEE ISLAND, under the
said agreement.
IT IS THEREFORE AGREED that for the consideration of
the payment by CHATHAM COUNTY, GEORGIA, of the sum of $137,110.00
for the Project, the CITY OF SAVANNAH BEACH, TYBEE ISLAND, hereby
unconditionally guarantees the payment of any funds in excess of
the said $137,110.00 which may be necessary to constitute the
payment of the 10% of the funds required by CITY OF SAVANNAH BEACH,
TYBEE ISLAND, for the said Project and CITY OF SAVANNAH BEACH,
TYBEE ISLAND, further agrees to hold CHATHAM COUNTY harmless if
said CHATHAM COUNTY is required to execute said agreement from
any liability or damages whatsoever over and above the sum of
$137,110.00.
IT IS FURTHER UNDERSTOOD AND AGREED that the CITY OF
SAVANNAH BEACH, TYBEE ISLAND, will pay to CHATHAM COUNTY all
amounts in excess of the sum of $137,110.00 which are required
to constitute the 10% of the funds to be paid by CITY OF SAVANNAH
BEACH, TYBEE ISLAND, in the contract hereinabove referred to and
that said payment by the CITY OF SAVANNAH BEACH, TYBEE ISLAND to
CHATHAM COUNTY shall be prior to the time that CHATHAM COUNTY
1
1
is required to pay the sum of $140,606.00, the one -time payment
to be made by CHATHAM COUNTY, all of which is referred to in the
Agreement between the UNITED STATES OF AMERICA, the STATE OF
GEORGIA, the CITY OF SAVANNAH BEACH, GEORGIA and CHATHAM COUNTY,
dated December 21, 1973 and particularly in paragraph 1, e (2)
and (3) which appears on page 3 of said contract.
IN WITNESS WHEREOF, the parties have set their hands
and the governmental seals through their duly authorized
governmental officials.
Executed by
officials of
Savannah Beach
in the presence of:
Marsha D_ Shaw
CITY OF SAVANNAH BEACH, TYBEE ISLAND
Attest:
Barbara r_ Pelli
Barbara G. Pelli
Notary Public, Chatham County Ga.
My Commission Expires July CHATHAM COUNTY
19, 1977
Executed by
officials of
Chatham County
in the presence of:
Milli _ R. rm n
By:
Chairman, County Commissioners
Attest:
Jimmie L. Szoke
Jimmie L. Szoke
Notary Public, Chatham County, Ga.
My Commission Expires Dec. 8, 1975
Clerk
RESOLUTION
WHEREAS, The City of Savannah Beach, Tybee Island,
Georgia, has been asked to serve as local sponsor for the Tybee
Island, Georgia, Beach Erosion Control Project, as requested by
the U. S. Corps of Engineers; and
WHEREAS, the Municipality has the capability to furnish
the non - federal cooperation required by the Resolutions authorizing
the said project with the cooperation of Chatham County, Georgia;
and
WHEREAS, Chatham County has requested the Mayor of the
City of Savannah Beach to agree to sign a contract indemnifying
Chatham County for any sums in excess of the sum of $137,110.00
to be expended by Chatham County, Georgia, for the project by
having the Mayor sign a contract of indemnificication to be entered
into on the 21 day of December, 1973,
NOW, THEREFORE, be it resolved that The City of Savannah
Beach in Council Assembled agrees to indemnify Chatham County,
Georgia, for any sums Chatham County, Georgia, is required to
expend in excess of $137,110.00 for the Beach Erosion Control
Project, and agrees to hold chatham County harmless if Chatham
County is required to incur any liability or damages whatsoever
over and above the sum of $137,110.00.
IN WITNESS WHEREOF, the City of Savannah Beach, Tybee
Island, Georgia has attested this Resolution by the signature
and seal of the duly authorized officers this llth day of
December, 1973.
(SEAL)
1
CITY OF SAVANNAH BEACH
BY: \iAi
MAYOR
ATTEST:
CLERK OF COUNCIL