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HomeMy Public PortalAbout19731128SCMeeting1 33. 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 34 -2- 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: 1 1 35 -3- 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 1 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 1 1 1 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: 1 1 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 1 1 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 1 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 1 1 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 1 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, 1 1 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 5 1 1 t 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) 6 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: 7 1 1 1 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. - 8 - 1 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 1 1 1 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 - 10 - 1 1 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 1 1 1 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. - 12 - 1 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. - 13 - 1 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 - 14 - 1 1 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 c erected, constructed reconstructed, demolished, altered, repaired, moved, converted or maintained in violation of this Ordinance, N w 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 cn 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 15 - 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