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19830413CCMeeting1 1 89 Tybee Island, Georgia April 13, 1983 A regular meeting of the Tybee Island City Council was held at City Hall at 7:30 p.m. on Wednesday, April 13, 1983, with Mayor Charles J. Hosti presiding. The following members of Council were present: James L. Fabrikant, John C. Wylly, Jeanne M. Hutton, Klima J. McCutchen, Sebastian J. Orsini and Jerome W. Bettencourt. City Attorney Thomas Mahoney was absent; State Representative Bobby Phillips acted in his stead. The first visitor to appear was Mr. Dwain Ball who presented a letter from Mr. Billy Herrin, requesting an extention of a PUD for Lot 4 and a portion of Lot 3, Ocean View Subdivision. Mr. Ball's petition was accepted and will be brought up again during the business portion of the meeting. Mrs. Mary McAfee then asked about storm drainage, repeating requests for relief made earlier this year. Mayor Hosti advised her that the Mosquito Control Commission has promised to have ditching equipment here very soon, and that the city will cooperate with them to alleviate as many problems with poor drainage as possible. The last visitor to appear was Mr. Mallie Clark who presented a request from the Tybee Island Jaycees who wish to sponsor a Regatta for sailboats, an annual event of the Jaycees, to be held on June 11th and 12th. This will be handled during the business portion of the meeting. Mayor Hosti then opened the meeting for business legally presented. The minutes of the March 9th meeting were accepted as written upon motion by Councilperson Orsini, seconded by Councilperson McCutchen followed by unanimous -vote. Bills for the month of March were approved as follows: General Govern - ment - $4,203.22, Recreation - $329.72, Ceramics - $706.88, Sewer Department -- $11,677.59, Water Department - $3,376.15, Fire Department - $1,285.17, Parking Meters - $1212.05, Police Department - $6,307.66 plus $595.00 for repair 1 1 90 of scanners at Police Station; Sanitation Department - $2,695.80, Public Works - $7,634.12, Capital Outlay - $2,263.57, and Other Expenses - $6,888.46. Mayor Hosti then introduced the question of the petition for extension of the PUD for Lots 4 and a portion of 3 of Ocean View Subdivision. There was some discussion and the question of Planning Carunission Review was raised. It was explained that final plans, according to the ordinance, must be sent to the Planning Commission for their approval, and that this would approve only the time extension. Councilperson Orsini seconded Councilperson Bettencourt's notion to approve by stating that he is in favor of this plan because it lessens the density requested, but that in any case the final review by Planning Commission will be forthcoming. The motion passed unanimously and the extension was granted. Mayor Hosti then introduced Mr. Billy Herrin to the audience, stating that he is Governor Joe Frank Harris' most recent appointment to the Natural Resources Board and State Representative Phillips added a statement concerning the Board's importance to Tybee Island, and to the entire Coastal Area,, . and congratulating Tybee Islanders on finally having a voice on this Board. Mayor Hosti then re- introduced the question of a permit for the Tybee Island Jaycees Regatta for June llth and 12th. Councilperson Orsini moved its approval, Councilperson Bettencourt seconded and the motion passed unanimously. Under Communications the following letters were read and accepted as information: 1) From City Attorney Thomas J. Mahoney, Jr. to Mayor Hosti, dated March 24, 1983 and concerning the local referendum changing the date of the municipal election and scheduled for May 3, 1983. 2) A letter fran Ms. Jeanne S. Trapani of the Elections Board of Chatham County to Mayor Hosti, dated March 23, 1983 and discussing details for holding the referendum. 3) From Commissioner Tanner to Mayor Hosti, accompanying a check for $5,000.00 from the Recreation Emergency Fund to assist Tybee Island in replacing sidewalks adjacent to the seawall in the public parking lots on the South End, and dated March 28, 1983. 91 4) A letter from James F. Robertson to Fire Chief John Solomon commend- ing the Tybee Island Fire Department for their help in fighting a fire at the Wilmington Island Mall and dated March 29, 1983. 5) A letter to Speaker of the House Thomas B. Murphy from Mayor Hosti recommending that appointments to the House Study Committee for Erosion be made, and suggesting that certain Representatives be included, dated April 1, 1983. 6) A letter to Commissioner Tanner fran Mayor Hosti, dated April 12, 1983 and asking that the next meeting of the Coastal Committee be held at Tybee Island, and that the hazards in the shallow waters along the public beaches be on the agenda. Mayor Hosti thanked State Representative Phillips for attending today's meeting, and for the help and guidance he has given the administration in their attempts to secure state help for erosion control and other problems. Representative Phillips stated that Speaker Murphy is going to be in Savannah soon, and that he will talk with him about the appointments to the Study Committee for Erosion. He added that Billy Herrin, introduced earlier, is a good personal friend, and that he believes Tybee people will soon see his influence on the Department of Natural Resources Board of Directors. Police Commissioner Fabrikant reported that the police have recorded 192 traffic violations in the past month, most of them for speeding. He explained that the radar is being used and asked local citizens to please slow down. Mayor Hosti commended the department saying that our citizens are well protected. Councilperson Hutton reported on the anti - litter campaign and stated that the litter on the beaches has been minimal so far, and that she hopes the publicity is helping. She thanked the media for the time given to the anti - litter campaign, and stated that her department is ready for the summer season. Mayor Hosti commended her on the improvement in the looks of the island, stating that she, and her department, are doing a terrific job. Councilperson Bettencourt reported on the recent First Annual Invitational Softball Tournament. The Recreation Board handled the concession stand and made more than $700.00 which will be used for recreational purposes. 1 1 1 92 He said that the work was done by volunteers and the organizational work was contracted. The tournament brought several hundred people to Tybee; sow stayed overnight in hotels here. He added that this didn't cost Tybee anything and money was made from it. Mayor Hosti added that he was surprised and happy that the field and park were left so clean and thanked everyone who worked so hard to make the tournament a success. Councilperson McCutchen expressed thanks from the Fire Department for the steak cookout, saying that she was very pleased that-the city had expressed their appreciation in this manner. She gave an update on the work being done at the fire station and said that the First Responder van should soon be here. She has an anonymous donor of a color console television to be raffled off to raise money for the volunteer fire department. Another supper is to be held soon, but tickets will be sold so there will be no expense to the city. Also in the planning is a picnic in the park, hopefully in June. Mayor Hosti told her that the volunteer firemen ought to :appreciate the work their Fire Commissioner is doing for them and congratulated her on a fine job. Councilperson Orsini stated that he has ordered three new pumps at a cost of approximately seven thousand ($7,000.00) dollars. Mayor Hosti congratulated Councilperson Orsini on the many improvements he has made in the department, adding that the city was lucky not to have had a major health problem last year, but that we have now been in compliance with BPD every month for nearly a year. Councilperson Wylly introduced the budget for Fiscal Year 1983/84 with commendations to all departments for the many hours of work they put into preparing departmental budget estimates. He especially commended the work done by the Police Department in their budget preparation hearings. There was ailengthy discussion of various line items in the budget, after which Councilperson Wylly moved its adoption, Councilperson Bettencourt seconded, and the budget was unanimously adopted. Councilperson Wylly then informed the Council that it is time to update the computer system, and explained that a thorough investigation of almost all major companies and their products has led to a decision that 1 1 93 NCR is the best for our present needs. Some of the existing equipment can still be used and adapted to the larger system with a much more reasonable expenditure of staff time. He then moved to accept the NCR bid package totalling $31,775.00 (including programming) and Councilperson Hutton seconded. Councilperson Fabrikant questioned the funding of this expenditure and it was answered that the purchase will be made largely from unexpended Capital Outlay funds unexpended in the present fiscal year's budget (FY 82/83). The motion to accept the NCR bid package passed without dissenting vote. Councilperson Hutton informed Council that the Planning Commission has studied the sign ordinance and it is ready to go back to MPC for final drafting. There are some basic decisions for which guidance is needed: whether off - premises business signs will be allowed, the largest size signs allowed, and whether portable and /or flashing signs are pezmissable. After sane discussion Mayor Hosti asked that the AD HOC SIGN Committee guide the decisions on these matters, stating that the City Council will have final approval when the ordinance is brought before them for adoption, hopefully in early fall. Councilperson Hutton then introduced the several - times - postponed Second Reading of the Subdivision Ordinance. It was explained to the audience that since the ordinance had been read in its entirety at study meetings and at least once previously before City Council, actual word - for -word reading of the lengthy ordinance could be dispensed with. Councilperson Orsini so roved with Councilperson Fabrikant seconding. Councilperson Wylly opposed, explaining that he personally favors a much simpler ordinance be codified and that the Planning Commission could use this present one for their guide- line in reviewing subdivision plans. There was a lengthy discussion before a vote was taken which eliminated the word -for -word reading. Mayor Hosti commented that the Planning Commission has reviewed the ordinance twice and twice recommended its adoption. Councilperson Hutton moved to adopt, Councilperson MoCutchen seconded and the ordinance passed by a vote of four in favor, with one against ( Councilperson Wylly) and one abstaining (Council- person Bettencourt). A copy of this ordinance is attached to, and becomes a part of, these minutes as Ordinance #1983 -4. 94 Councilperson Fabrikant brought before Council two requests for transfers of alcoholic beverage licenses. The first, Louise Sasser, is for the lunch counter area within Chu's Department Store, which she intends to operate as a leased business at its traditional location. The second request was frail Benjamin Alexander, brother of Nicholas C. Alexander, that he be allowed to hold all such licenses currently held by Nicholas C. Alexander. Investigations by the Tybee Island Police Department revealed no reason for denial of either license, and both requests were granted. Mayor Hosti then announced that a vacancy has occured on the Tybee Island Zoning Board of Appeals and suggested that Jeff Dukes be named to this Board for a four -year term beginning immediately and extending through March 1, 1987. Councilperson Hutton informed the Council that Tybee has the opportunity of having a professional ballet teacher for ten weeks this summer in a program similar to those sponsoredhby the City of Savannah's Leisure Services. She has taken the proposal to the Recreation Committee but permission was refused because the site (the Community House was asked for) was refused. She asked permission to bring the matter before the full Council for their consideration but Representative Bobby Phillips, acting as City Attorney, ruled that the matter could not be discussed because it was not on the agenda. Mayor Hosti stated that a special meeting could be held later, but Councilperson Hutton said that time would not permit; an immediate answer was needed, and she would inform the concerned parties that the answer was negative. There being no further business, the meeting was adjourned. 1 BUDGETS GENERAL FUND WATER SEWER FUND 5/3/83 - -- 4/30/84 1 1 1 CITY OF TYBEE ISLAND GENERAL FUND BUDGET MAY 01, 1983 TO APRIL 30, 1984 CITY OF TYBEE ISLAND GENERAL FUND ANTICIPATED REVENUES 5/1/83 4/30/84 REAL ESTATE DIGEST PERSONAL PROPERTY DIGEST PENALTY & INTEREST ON DELQ. TAX SAVANNAH ELECTRIC FRANCHISE SOUTHERN BELL FRANCHISE CABLE T. V. FRANCHISE BUSINESS LICENSE FEES HOTEL MOTEL TAX BEVERAGE TAX REAL ESTATE TRANSFER TAX -GA. AD VALORUM -AUTO TAGS INTANGIBLE TAX INSURANCE PREMIUM TAX GA. SALES TAX REBATE POLICE COURT FINES POLICE CASH BONDS PARKING METER & LOT COLLECTIONS NORTH BEACH PARKING LOT SOUTH BEACH PARKING LOT PARKING VIOLATIONS REVOCATION OF DRIVER LIC. FEES ACCIDENT REPORT FEES BAR CARDS BUILDING PERMIT FEES REZONE FEES COMMISSION ON PHONES INTEREST EARNED INVESTMENTS COUNTY FIRE SUBSCRIPTIONS STATE GRANTS - POPULATION /MILEAGE SUMMER CAMP FEES CERAMIC SUPPLIES RECEIPTS DONATIONS- UMPIRE FEES & JERSEYS ALL OTHER INCOME PERSONAL PARKING DECALS TRUCK DECALS - STREET MAINTENANCE 94 -A -3 $ 487,500. 5,700. 8,400. 60,800. 21,000. 2,000. 48,000. 49,000. 65,000. 3,000. 18,000. 9,800. 1,100. 206,-000. 38,000. 40,000. 87,000. 20,000. 20,000. 37,000. 100. 100. 100. 9,600. 200. 600. 14,000. 2,600. 14,000. 900. 4,000. 4,900. 9,100. 600. 4,500. TOTAL ANTICIPATED REVENUES $1,292,600. 1 (.1 I Y Ur I Ylitt 1 JLHIVIJ GENERAL FUND APPROPRIATIONS BUDGET GENERAL GOVERNMENT: MAYOR, COUNCIL FEES OFFICE SALARIES LEGAL & AUDIT OFFICE SUPPLIES ELECTRICITY INSURANCE TRAVEL ALLOWANCE -CLERK ENTERTAIN GOV'T. OFFICIALS TELEPHONE HEATING OTHER GEN'L. GOV'T. EXPENSE RENTAL COPIER E SUPPLIES CHATHAM CO. HOUSING INSPECTION DUES -CHAT. E GA. MUNICIPAL ASSO. MAID SERVICE AUTHORIZED COMMITTEE TRIPS CHRISTMAS EXPENSE PEST CONTROL LEGAL NOTICES ELECTION EXPENSE OFFICE EQUIPMENT MAINTENANCE CITY MARSHALL TRUCK CITY MARSHALL SALARY PLANNING COMMISSION ZONING ADM. FEE BEACH EROSION EXPENSE SURVEYS OFFICE TRAINING PROGRAMS REPAIRS TO CITY HALL EQUIPMENT REPAIRS TO CITY HALL BLDG., PENSION FUND -CITY EXPENSE DOG CATCHER CLEAN UP CAMPAIGN 83 -84 94 -A -4 $ 4,200. 55,826. 9,800. 10,000. 5,500. 6,200. 1,800. 1,000. 3,200. 1,900. 5,000. 5,000. 1,400. 700. 1,400. 3,500. 4,600. 155. 200. 4,000. 4,200. 4,000. 6,403. 750. 1,400. 20,000. 1,000. 1,000. 500. 4,000. 2,678. 700. 1,017. TOTAL GENERAL GOVERNMENT EXPENSE $ 173,029. -2- 1 1 CITY OF TYBEE ISLAND GENERAL FUND APPROPRIATIONS BUDGET POLICE DEPARTMENT: SALARIES - POLICE REC. CLK, DISPATCHER, JAILER /MATRON RECORDERS COURT POL. CLEAN /P.0. BENEFIT JAIL ELECTRIC GAS, OIL, PARTS, REPAIRS- VEHICLES UNIFORMS, ACCESSORIES JAIL EXPENSE INSURANCE OTHER POLICE EXPENSE DRUG ABUSE OFFICE 6 RECORDER COURT SUPPLIES JAIL E CHIEF'S PHONE HEATING -JAIL RADIO SYSTEM 6 RADAR REPAIRS POLICE STATION MAID. AUTHORIZED TRIP EXPENSE POLICE SIGNS, SCHOOL PATROL & PROGRAM INTO XIMETER SUPPLIES POLICE SCHOOL INVESTIGATIVE EXPENSE _FIRST AID SUPPLIES POLICE EQUIPMENT -I.D. EQUIPMENT COMPLEX - ELECTRIC E PHONE 94-A-5 $ 170,200. 63,200. 4,800. 2,200. 2,500. 28,000. 3,500. 6,500. 8,000. 5,000. 1,500. 4,000. 1,000. 1,800. 5,000. 800. 2,000. 500. 400. 2,500. 2,000. 1,000. 2,000. 15,000. TOTAL POLICE DEPT. EXPENSE $ 333,400. -3- 1 1 1 CITY OF TYBEE ISLAND GENERAL FUND APPROPRIATIONS BUDGET DEPT. PUBLIC WORKS: 94 -A '-6 TRAVEL $ 2,000. LABOR 135,000. GAS, OIL, PARTS, REPAIRS - VEHICLES 25,000. ELECTRIC 3,000. STREET LIGHTS 28,000.. MAINTENANCE CITY BLDGS. 2,000. STREET MAINTENANCE 4,000. INSPECTOR'S FEES 3,600. D.P.W. INSURANCE 7,500. OTHER EXPENSE 2,000. OPERATING SUPPLIES 3,000. TELEPHONE 700. HEATING 1,000. SIGNS - VARIOUS 4,000. REPAIRS SHOP•EQUIPMENT 300. BEACH RAILINGS & BENCHES 1,500. OFFICE SUPPLIES 50. LAWN MOWER REPAIRS 1,000. REED- CONSULTING ENG. 5,200. UTILITY MAN' 7,000. FRANKLIN -CITY ENG. 3,000. CUSTODIAN -REST ROOMS 8,300. REPAIRS -REST ROOMS 2,500. TOTAL DEPT. PUBLIC WORKS EXPENSE $ 249,650. SANITATION DEPARTMENT: LABOR GAS, OIL, PARTS, REPAIRS- VEHICLES SANITATION INSURANCE OTHER EXPENSE TRAVEL MAINTENANCE /OPERATING /TRANSFERRING ELECTRIC- TRANSFER STATION REPAIRS - TRANSFER STATION FRANKLIN -CITY ENG. $ 85,000. 12,000. 6,500. 500. 3,000. 35,000. 400. 1,000. 3,000. TOTAL SANITATION DEPT. EXPENSE $ 146,400. -4- 1 CITY OF TYBEE ISLAND GENERAL FUND 94 -A -7 APPROPRIATIONS BUDGET FIRE DEPARTMENT: SALARIES $ 2,500. MAINTENANCE & OPERATING 1,200. GAS, OIL, PARTS, REPAIRS- VEHICLES 3,500. TELEPHONE 1,300. ELECTRIC 180. INSURANCE 2,500. OTHER EXPENSE 3,000. HEATING 500. AUTHORIZED TRIP EXPENSE 600. MEMBERSHIP DUES 2,000. BLDG. MAINTENANCE 250. PHYSICALS 260. CLOTHING 2,500. RADIO CONTACT EQUIPMENT REPAIRS 1,000. TOTAL FIRE DEPT. EXPENSE $ 21,290. FIRST RESPONDER: SUPPLIES MAINTENANCE E OPERATION- VEHICLE EQUIPMENT TRAINING EXPENSE COMMUNICATIONS INSURANCE OTHER EXPENSE TOTAL fIRST RESPONDER EXPENSE -5- $ 900. 900. 200. 600. 1,500. 1,500. 600. .4 6,200. 1 1 1 CITY OF TYBEE ISLAND GENERAL FUND APPROPRIATIONS BUDGET 94 -A -8 PARKING METER DEPARTMENT: SALARIES $ 36,400. GAS, OIL, PARTS, REPAIRS- VEHICLES 1,300. MAINTENANCE 650. TELEPHONE 160. INSURANCE 930. OPERATING SUPPLIES 100. . ELECTRIC 500. OFFICE SUPPLIES 1,400. TOTAL PARKING METER EXPENSE $ 41,440. LIBRARY: SALARIES $ 5,500. SUPPLIES - 50. RENOVATIONS 500. EQUIPMENT 250. TOTAL LIBRARY EXPENSE $ 6,300. MUSEUM: INSURANCE SUBSIDY TOTAL MUSEUM EXPENSE -6- $ 10. 6,000. $ 6,010. 1 1 1 CITY OF TYBEE ISLAND 94 -A -9 GENERAL FUND APPROPRIATIONS BUDGET LIFE GUARDS: SALARIES UNIFORMS FIRST AID SUPPLY $ 15,000. 500. 800. TOTAL LIFE GUARD EXPENSE $ 16,300. RECREATION DEPT.: MAID SERVICE $ 590. SUPPLIES • 5,900. REC. VARIOUS 2,500. SALARIES 22,500. REC. BLDG. #2- CERAMICS 2,500. VEHICLE EXPENSE ' 800. INSURANCE - 675. UMPIRE FEES & JERSEYS 3,500. MUSIC PERFORMANCE TR. FD. 1,500. CERAMIC SEMINAR /G.R.P.S. 1,100. SUMMER SPORTS CAMP 1,000. TOTAL RECREATION EXPENSE PARKS, OTHER REC. BLDGS.: MEMORIAL PARK J. C. PARK & DIAMOND LIGHTS COMMUNITY HOUSE COMM. HOUSE MAID REC. BLDG. #1 -J.C. CLUBHOUSE TOTAL PARKS, OTHER REC. EXPENSE -7- $ 1,000. 2,000. 2,000. 500. 50. $ 42,565. $ 5,550. 1 1 CITY OF TYBEE ISLAND GENERAL FUND APPROPRIATIONS BUDGET OTHER EXPENSE: SOCIAL SECURITY ADM. EXP. SOC. SEC. REPORTS LIFE INSURANCE - EMPLOYEES HOSPITALIZATION UNEMPLOYMENT (REIMBURSEABLE) MARINE RESCUE SQD.- CONTRIBUTION CHAMBER COMMERCE /TOURISM TYBEE NEWS CONTRIBUTION UNMETERED W/S CITY BLDG. ENGINEER SERVICE - VARIOUS CONTINGENCIES TOTAL OTHER EXPENSE CAPITAL OUTLAY: LOT & STREET PAVING CERAMIC BUILDING FIRE EQUIPMENT D.P.W. & SANITATION VEHICLES FIRE STATION BUILDING POLICE VEHICLES POLICE EQUIPMENT PARKING METERS $ 41,700. 90. 3,960. 31,100. 7,000. 1,800. 6,000. 1,200. 6,000. 1,000. 72,116. $ 10,000. 1,000. 1,500. 18,000. 15,000. 16,000. 1,000. 10,000. TOTAL CAPITAL OUTLAY EXPENSE TOTAL ALL DEPARTMENT C CAPITAL OUTLAY EXPENSES -8- 94 -A -10 $ 171,966. $ 72,500. i CITY OF TYBEE ISLAND WATER SEWER FUND BUDGET MAY 01, 1983 TO APRIL 30, 1984 1 1 1 CITY OF TYBEE ISLAND WATER SEWER FUND ANTICIPATED REVENUES 5/1/83 4/30/84 WATER CHARGES SEWER CHARGES .EXTRA LINE INCOME INCOME PUBLIC BUILDINGS OTHER INCOME STUBBING FEES TAPPING FEES CHATHAM COUNTY -BOND SINKING FD. INTEREST EARNED $ 145,102. 244,434. 100. 6,000. 900. 4,800. 2,100. 60,000. 1,000. 94-A-12 TOTAL ANTICIPATED REVENUES $ 464,436. -1- 1 CITY OF TYBEE ISLAND WATER SEWER FUND APPROPRIATIONS BUDGET WATER DEPT.: 94 -A -13 O'FfICE SALARIES $ 23,251. LABOR 58,785. ELECTRIC 14,000. OPERATING SUPPLIES 4,500. REPAIR /MAINTENANCE 5,500. - GAS, OIL, PARTS, REPAIRS - VEHICLES 3,500. TELEPHONE 1,836. CITY ENGINEER 3,500. OTHER EXPENSE 300. WATER ANALYSIS 50. METERS E PARTS 5,000. TOTAL WATER DEPT. EXPENSE $ 120,222. SEWER DEPT.: LABOR $ 40,000. PLANT TREATMENT TESTS 2,500, SIGNS 10. OPERATOR TRAINING 300. ELECTRIC 42,000. OPERATING SUPPLIES 7,500. PLANT E. STATIONS - REPAIR, MAINTENANCE 35,000. GAS, OIL, PARTS, REPAIRS - VEHICLES 3,900. TELEPHONE 500. PLANT MGR. FEES 9,600. CITY ENGINEER 3,500. TOTAL SEWER DEPT. EXPENSE $ 144,810. WATER & SEWER OTHER: OEfICE SUPPLIES $ 3,600. LEGAL /AUDIT 5,000. INSURANCE 8,000. SOCIAL SECURITY 8,484. PENSION FUND 708. HOSPITALIZATION 4,400. MEMBERSHIP DUES 80. LEGAL NOTICES 200. INT. PAYABLE -BD. SINK. FD. 124,956. VEHICLES, EQUIPMENT, ETC. 43,976. TOTAL OTHER W/S EXPENSE TOTAL ALL DEPT. EXPENSES -2- $199,404. $ 464,436. 1 ARTICLE I. SHORT TITLE Citing ordinance. This ordinance shall be known and may be cited as the "Subdivision Regulations of Tybee Island, Georgia." ARTICLE II. ENACTMENT CLAUSE Authority; ordaining clause. The Mayor and Council of the City of Tybee Island, Georgia, pursuant to the authority conferred by the pro- visions of the Georgia Code, annotated, do ordain (and) enact into law the following articles and sections. ARTICLE ITT. JURISDICTION Area Embraced. The jurisdiction of this ordinance shall be all that area within the corporate limits of the City of Tybee Is- land, Georgia. ARTICLE IV. E''TJPOSES Enumeration. The various articles and sections of the ordinances are adopted for the following purposes, among others: (a) To help conserve and protect the natural, economic, and scenic resources of the City of Tybee Island. (b) To help prevent and reduce the traffic con- gestion and traffic hazards which result from narrow or poorly aligned streets, and which result from excessive entrance and exit points along major traffic arteries. (c) To help eliminate the costly maintenance prob- 94 -B -2 lems which develop when streets and lots are laid out without proper consideration being given to the drainage characteristics of the tract of land at the time the land is being subdivided into streets and lots. (d) To help prevent the spread of urban blight and slums. (e) To help insure that residential lots will be of such design, area, and width as will pre - vent health and sanitation problems from de- veloping in those subdivisions with lots to be served by individual water supply and waste disposal systems. (f) To help insure that all building lots will be accessible to fire fighting equipment, and other emergency and service vehicles. (g) To help protect the investments of the buyers of subdivision lots. (h) To help promote and protect the health, safety, prosperity, and welfare of the citizens of the City of Tybee Island, and for other purposes. ARTICLE V. DEFINITION OF TERMS For the purpose of this ordinance, certain words or terms used herein shall be defined as follows: (1) Interpretation of words: Words used in the present tense include the future tense. Words used in the singular number include the plural, and words used in the plural include the singular. (2) Person: The word "person" includes a firm, cor- 2 94-B-3 poration or co- partnership. (3) Shall: The word "shall" is always mandatory and not merely discretionary. (4) Lot: A portion of a subdivision intended as a unit for transfer or for development, or both. The word "lot" includes the word "plot" or "parcel ". (5) Lot width: The distance between the side lot lines measured at building line. (6) Sewage, public: A system that is owned, maintained and operated by the city, a community corporation or a privately owned system serving a community and approved by the Chatham County Health Department. (7) Street: A way for vehicular traffic which affords the principal means of access to abutting property. (8) Streets, arterials: Those streets which are desig- nated as arterials on the major thoroughfare plan and which are used or intended primarily for fast or heavy traffic. (9) Streets, collector: Those streets which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development. (10) Streets, minor: Those streets which are used pri- marily for access to abutting properties. (11) Streets, marginal access: Those minor streets which are parallel to and adjacent to arterial streets and highways; and which provide access to abutting pro- perties, and protection from through traffic. (12) Streets, lanes: Minor ways which are used primarily 3 94 -B -4 for vehicular service access to the back or the side of properties otherwise abutting on a street. (13) Subdivision: All divisions of a tract or parcel of land into two (2) or more lots, building sites, or other divisions for the purpose of immediate or fu- ture sale, legacy, or building development. All di- visions of land involving a new street or a change in existing streets. The term includes the resubdivi- sion of land and when appropriate to the context re- lates to the process of subdivision or to the land subdivided. (14) Minor subdivision: Any subdivision comprising three (3) lots or more, or any subdivision involving a new street or change in an existing street. (15) Major subdivision: Any subdivision comprising four (4) lots or more, or any subdivision involving a new street or change in an existing street. (16) Water, public: A system that is owned, maintained, and operated by the city, a community corporation, or a privately owned system serving a community and approved by the Chatham County Health Department. (17) Street, opened: A street shall be deemed to be op- ened if it is either of the following: (a) available for public use prior to the adoption of this ordinance, or (b) was constructed to city specifications follow- ing the adoption of this ordinance. (18) Street, unopened: A street or any part thereof, shall be deemed to be unopened if it is not cleared, 4 94 -B -5 graded and available for public use. ARTICLE VI. DESIGN STANDARDS Minimum design standards and improvements. In order that various purposes of this ordinance may be accomplished, all subdivisions hereafter established shall be developed and improved in accordance with the minimum design standards set forth in this article. Provided, those parcels recorded prior to the effective date of these regulations which but an unopened road shall not be developed until such road or portion thereof has been opened and paved according to city specifications or as certified to be paved in accordance with subsection 601.02 of these regulations. Final approval shall not be given a subdivision until all appropriate design stan- dards have been met and until all appropriate required improve- ments have either been installed or an appropriate bond or cert- ified check has been posted to secure the installation of such improvements. Streets. Except as hereinafter provided all streets established in any subdivision shall comply with the following general provi- sions: GENERAL PROVISIONS. (a) Continuation of existing street pattern: The arrange- ment of streets in a subdivision shall provide for the align- ment with, or the continuation of , or the appropriate pro- jection of existing principal streets in surrounding areas. (b) Street jogs: Street jogs, or centerline offsets in the horizontal alignment of streets across intersections of less than one hundred fifty (150) feet shall be prohibited. 5 94 -B -6 (c) Intersections: The centerline of no more than two (2) streets shall intersect at any one point. Streets shall be laid out so as to intersect as nearly as pos- sible at right angles and no streets shall intersect any other street at less than sixty (60) degrees. Curbed streets shall have a minimum tangent of one hundred (100) feet at intersections. (d) Streets intersecting with major arterials and secon- dary arterials: New street entrances on roads de- signated or classified as arterials shall be not less than five hundred (500) feet apart. Provided, how- ever, that the Mayor and Council may reduce these requirements whenever they determine that such ac- tion will not be contrary to the purposed of this ordinance. (e) Subdivisions on arterial streets: Where a subdivi- sion abuts or contains an existing or proposed arter- ial street, the Mayor and Council may require margin- al access streets, reverse frontage with screen plant- ing contained in a nonaccess reservation along the rear property line, deep lots with rear service lanes, or such other treatment as may be necessary for adequate protection of residential properties and to afford se- peration of through and local traffic. (f) Minimum curb and street radius: The lot line radius at intersecting streets shall be not less than twenty (20) feet. The centerline radius of all curvilinear streets shall be not less than seventy -five (75) feet. (g) Permanent dead -end streets: Dead -end streets, de- 6 1 1 1 94 -B -7 signed to be such permanently, shall be provided at the closed end with a turn - around having an out- side roadway diameter of not less than eighty (80) feet, and a right -of -way diameter of not less than one hundred (100) feet. (h) Temporary dead -end streets: Temporary dead -end streets shall be provided with a temporary turn - around area which shall meet the requirements for design, main- tenance, and removal as approved by the Mayor and Council. (i) Half streets: Half streets shall not be permitted within a subdivision. (j) Interior streets: Interior streets within subdivi- sions shall be so laid out and designed that their use by through traffic and speeding traffic will be dis- couraged. (k) Street names: all streets within a subdivision here- after established shall be named. No name shall be used which will duplicate or be confused with existing street names. (1) Additional right -of -way: A proposed subdivision that includes a platted street that does not conform to the minimum right -of -way requirements of this ordinance shall provide for the dedication of additional right - of -way required by ordinance can be established. If the proposed subdivision abuts only one side of said street then a minimum of one -half of the required ex- tra right -of -way shall be dedicated by such subdivi- sion. 94 -B -8 (m) Street access to adjoining property: Whenever the Mayor and Council find that street access to ad- joining property is needed, a street right -of -way shall be extended to the boundary of such property and such right -of -way shall be dedicated to the pub- lic as an unopened street. When such unopened street is required for access to property, then the develop- er of the property for which access is required shall be responsible for opening and improving the unopened street. (n) Street name markers: Street name markers which shall be constructed to city specifications shall be install- ed at all street intersections. (o) Major thoroughfare plan: When the major thoroughfare plan of the community shows proposed arterial streets and collector streets within a proposed subdivision, the subdivider shall design the street system within such subdivision to conform with the location and ar- rangement of such arterial streets and collector streets. (p) Sidewalks: Sidewalks shall be installed on all major arterials for single and multi family residential, and on major and secondary arterials for commercial. DESIGN AND CONSTRUCTION SPECIFICATIONS FOR STREETS: Except as hereinafter provided, all streets established in any subdivision shall be designed and constructed in accordance with the follow- ing specifications: 1 Tyne of Street List of Specifications Major Secondary Collector Minor Marginal Artery Arterial Street Street Access (1) Minimum right -of- way (2) Curb and gutter (3) Width of shoulders (ditches) (4) Back slope (curb and gutter) (5) (a) Maximum slope of shoulders or back slope (b) Minimum slope of shoulders or back slope (6) Pavement width (7) Percent base course or sub -base compac- tion, modified proc- tor** (8) Type of paving (minimum) (9) Distance between reverse curves 60 ft. 60 Ft. 60 ft. 60 ft. Curb and gutters shall not be required where unfeasible. 8 ft. 8 ft. 1 in. /ft. i in. /ft. 30 ft. 100 %* 8 ft. 8 ft. 1 in. /ft. in. /ft. 30 ft. 95% * 8 ft. 8 ft. 1 in. /ft. 2 in. /ft. 30 ft. 95% * 8 ft. 8 ft. 1 in. /ft. i in. /ft. 26 ft. 95% * Asphalt or concrete installed to city specifications. 100 ft. 100 ft. 100 ft. 100 ft. 40 ft. 8 ft. 8 ft. 1 in. /ft. 2 in. /ft. 20 ft. 95% * 100 ft. * Field density check tests shall be taken at the rate of 1 tsts per 1500 square yards of paving. ** Proctor tests shall be made from representative soil sands taken from the area to be paved. Type of Street List of Specifications Major Secondary Collector Minor Marginal Artery Arterial Street Street Access (10) Minimum street centerline elevation (11) Drainage (12) Sidewalks (a) Single - family residential (b) Multi - family residential (c) Commercial 7.5 ft. 7.5 ft. 7.5 ft. 7.5 ft. 7.5 ft. Developer's engineer shall certify that the subdivision will drain ade- quately. Additional right -of -way for roadside ditches may be required when needed. In addition, all new subdivisions and all expansions of old subdivisions shall be provided with drainage structures sufficient to accommodate a ten (10) year storm with immediate run -off; with out - fall drainage and structures sufficient to accommodate a fifty (50) year storm flood. 4 ft. 4 in. P.C.C. 6 ft. 4 in. P.C.C. 8 ft. 4 in. P.C.C. P.C.C. Portland Cement Concrete NOT REQUIRED No storm drainage system shall be allowed to discharge on the beach. Drainage structures which are deemed necessary along the beach front shall be designed and constructed so that drainage will flow away from the area and connect to the city storm system as approved by the City Council. 94 -B -11 Lots. All lots which shall hereafter be established within a subdivision shal 1 comply with the following design standards: GENERAL PROVISIONS. The following general requirements shall apply to all lots hereafter established within a subdivision: (a) Street access: Each lot shall abut on a private street which shall be dedicated as a public street and which conforms to the design requirements of this ordinance; provided the Mayor and Council may approve a residential, commercial and /or industrial lot which does not abut a public street but which is served by a perpetual private- ly- maintained access easement which meets the design and construction standards of this ordinance. (b) Lot lines: Side lot lines shall be as nearly as practi- cal at right angles to straight street lines and radial to curved street lines. (c) Corner lots: Corner lots for residential use shall be provided with sufficient width and depth to permit the establishment of front yard building setback lines from both streets. (d) Double frontage lots: Double frontage lots shall only be permitted where it shall be found necessary to seperate a development from major arterials or to overcome specific disadvantages of topography and orientation. (e) Residential lots in flood plain: Residential subdivision lots shall be prohibited within flood plain areas where the cost of providing governmental services in the area would pose an unreasonable economic burden. LOT WIDTH AND LOT AREA REQUIREMENTS. -11 94 -B -12 Lots hereafter established within subdivisions shall conform to the lot area and lot width requirements set forth in the following schedule, provided, however, that if a zoning or- dinance is in effect, then the lot area and lot width re- quirements for the zoning district in which the subdivision will be located shall apply when such requirements are more restrictive than as set forth below: Condition Residential Lots (1) Public water supply and public sewers (2) Public water supply and private sewerage (3) Private water Minimum Lot Width at Front Building Line (in feet) Minimum Area (square feet) 60 6,000 As approved by the Chatham County Health Department but no less than: 75 10,000 As approved by the Chatham County Health Department but not less than: 100 20,000 Commercial and Depth and width of lots to be laid Industrial Lots out or reserved for industrial and commercial purposes shall be ade- quate for the type of development contemplated and adequate to pro- vide off - street parking and loading facilities and service facilities. BUILDING LINES. Building lines shall be provided on all lots hereafter established and shall conform to the requirements set forth below, provided, however, that if a zoning ordinance is in effect then the building line setbacks required by such requirements are more restrictive than set forth below: 94-B-13 Building Line Setback Re- quirements As Measured from Class of Street the Street Property Line (Ft.) (1) Major arterial 35 (2) Secondary arterial or rural road 35 (3) Collector Street 30 (4) Minor street or marginal access 30 Blocks. All blocks hereafter established within a subdivision shall conform to the following design standards: BLOCK LENGTHS. In order that there may be convenient access between various parts of a subdivision and between the sub- division and surrounding areas and in order to help prevent traffic congestion and traffic hazards, the length of blocks hereafter established shall not exceed one thousand eight hundred (1,800) feet. Easements. The following kinds of easements shall be required with- in subdivisions: UTILITY EASEMENTS. Public utility easements shall be pro- vided where necessary. Such easements shall be not less than fifteen (15) feet in width and shall be centered on side or rear property lines when possible. The location, elevation and construction of all public util- ities and facilities, such as sewer, gas, electrical and water systems and streets, shall be in such a manner as to minimize or eliminate damage by flooding. 94-B-14 DRAINAGE. Where a subdivision is traversed by a water course, drainage way, channel, or stream, there shall be provided a storm water easement or drainage right -of -way which shall conform substantially with the lines of such water course, drainage way, channel, or stream or shall be of such addition- al width or construction, or both, as will be adequate for the purpose. MAINTENANCE EASEMENT. Where a drainage canal is such size that it requires mechanical means for cleaning, such as a dragline, there shall be a twelve (12) foot access easement on either side of such canal for access purposes. Monuments. The subdivider shall provide stone or concrete monuments four (4) inches in diameter or square, thirty (30) inches long, with a flat top, which shall be set at each street corner, and at all points of curvature in each street. The top of the monument shall contain a metal pin or be scored with an in- dented cross to properly identify the location. The subdi- vider shall also provide all interior lot corners of subdi- visions with concrete monuments, iron pins, or iron pipes. Iron pipes shall be at least one half (1/2) inch in diameter and twenty four (24) inches in length. Sec. 606. Water supply and sanitary sewerage. Water and sewerage facilities shall conform to the fol- lowing requirements: PUBLIC WATER AND PUBLIC SEWERS. When feasible every portion of a subdivision shall be served by public water; when feasible, as determined by the Mayor and Council, every portion of a subdi- vision shall be served by a sanitary sewer system. All such 13 r 94 -B -14 systems shall be designed to preclude infiltration of flood waters into the system and discharges from the system into flood waters. PRIVATE WATER AND PRIVATE SEWERAGE. Where either public water or public sewers or both are not available to a subdivision as determined by the Mayor and Council and a subdivider shall decide to establish a private water supply system and a private sewer system, then the plans and spedifications for such private water system and sewer shall be so located as to avoid impairment of them, or con- tamination from them, during times of flooding. PUBLICLY OWNED WATER AND SEWER SYSTEMS. Water and sewer systems must be constructed in accordance with Chatham County Health Department specifications; sewer systems must connect to an existing publicly owned treatment plant, where practical, and both water and sewer systems and trunk lines shall be conveyed to the City of Tybee Island. Benchmarks. At least two (2) benchmarks shall be established within a subdivision. Such benchmarks shall be at opposite corners of the property being subdivided. Preservation of noteworthy features. In all subdivisions, to the maximum degree reasonably prac- ticable, efforts shall be made to preserve historic sites, scen- ic points, large trees and other desirable natural growths, wa- tercourses and other water areas, and other features worthy of preservation, either as portions of public sites and open spaces, or in such other forms as to provide amenity to the neighborhood. (1) Large trees or toher disirable natural growths located 14 94-B-15 in public or private street rights -of -way or public or private easements shall not be removed unless such re- moval is necessary for the installation of utilities or drainage structures or for other purposes in the public interest and approved by the Mayor and Council. (2) Such removal may be prohibited if the amenity of adja- cent property, or the amenity of the general neighbor- hood is adversely affected. ARTICLE VII. ADMINISTRATION Administrative agency. The Mayor and Coucil and the City Planning Commission shall administer this ordinance. It shall be the duty of the Plan- ning Commission to inspect sketch plans and to suggest changes which should be made in the proposed design of a subdivision to insure the approval of the preliminary plan. It shall be the duty of the Planning Commission to inspect preliminary plans and to recommend approval or disapproval of such plans. It shall be the duty of the Planning Commission to inspect final plats and the information submitted with such final plats, and to recom- mend approval of such final plats when the requirements of this ordinance have been met and to recommend disapproval of such fi- nal plats when the requirements of this ordinance have not been met. When the Planning Commission acts on a plat it shall for- ward it to the Mayor and Council with its recommendations. NOTICE REQUIRED. The names and addresses of the owners of all properties abutting attract or parcel of land for which a sub- division plat or land development plan or plat is required shall be submitted with such plat or plan. The city clerk shall not- ify said abutting property owners of the date, time and place of 15 94-B-16 any public hearing at which said subdivision plat will be re- viewed by the Mayor and Council. Sketch plan. Previous to the filing of an application for approval of a preliminary plan, a sketch plan may be submitted to the Plan- ning Commission for review and recommendation. When submitted, this sketch plan shall show in simple sketch form the proposed layout of streets, roads, and other features in relation to ex- isting conditions. The sketch plan may be a free hand pencil sketch. It shall include the following information: (a) the boundary lines of the property being subdivided; (b) water courses and marshes found on the tract of land to be subdivi- ded and the limits of habitable area; (c) the location, name, and right -of -way width of any existing streets on the land to be subdivided, or on land adjacent to the tract of land being subdivided. Preliminary plan. Beforework shall begin to open a subdivision, an original and seven (7) prints of a preliminary plan, showing the pro- posed design of the subdivision, shall first be submitted to the Planning Commission for review and recommendation. Until the preliminary plan of a proposed subdivision has been re- viewed by the Planning Commission, and approved by the Mayor and Council, a developer shall not grade, scrape, or otherwise open or extend a street in the proposed subdivision, nor shall he stake out or lay out lots in such subdivision, nor shall he in any manner cause construction to actually begin on a subdi- vision. PLAN REQUIREMENTS. The original copy of the preliminary plan shall be drawn on transparent tracing paper with either 17,1ack 16 94-B-17 ink or soft pencil. Such plan shall be drawn at a scale of not less than two hundred (200) feet to the inch. The pre- liminary plan shall contain the following information: Existing features: (a) The bearings and distances of the boundary lines of the property to be subdivided. (b) The location of any streams, natural drainageways, and other waterways which exist on the property. (c) The distance and direction to public water lines and sanitary sewer lines. (d) The name, location, and right -of -way width of existing streets either on the property or on the land adjoining the property. (e) Existing contours of the property in solid lines and at one foot intervals and based on mean sea level datum. (f) The name of subdivision or property owners adjoining the property. (g) The location of railroads, of public or private rights - of -way or easements, and of parks or other public spaces eith- er on the property or adjoining the property. Proposed design features: (a) The location, purpose, and width of any proposed drain- age or utility easements. (b) Lot lines and lot line dimensions; proposed lot numbers. (c) The location and specifications for proposed streets and lanes, including right -of -way lines, proposed paving, proposed finished grades, proposed pavement width, if any; profiles and typical cross - sections of such streets, and such other infor- mation as shall be required to show compliance with the design 17 94-B-18 specifications established by this ordinance for streets. (d) Proposed street names. (e) Proposed final contours in dashed line at one (1) foot intervals and based on mean sea level datum. (f) Proposed building lines. (g) Proposed crosswalks. (h) The location of proposed monuments. (i) The expected limits of the one hundred (100) year flood where appropriate. Other information: (a) Name of proposed subdivision, scale of the plat, north arrow, date, size of the tract being subdivided, key map showing location of the proposed subdivision in the city. (b) A statement from the subdivider shall be placed on the preTminary plat which shall describe the method by which storm sewers, sanitary sewers, and wter facilities will be provided. If septic tanks or individual waste dispo- sal systems are to be used in a subdivision, then perco- lation tests shall be made in accordance with county health department requirements and the results of such test, together with a contour map showing the site of each test hole, shall accompany the preliminary map. (c) Grading and drainage plans shall be submitted with each subdivision application. If the required drainage plans reveal that a request for subdivision approval would o- verload the capacity of the channel downstream or in- crease flood stages upstream, the subdivision approval permit shall be denied, unless equivalent flow and stor- 18 94 -B -19 age capacity is replaced and maintained by the owner within the flood plain affected. (d) When the preliminary plan includes only a part of the tract on which the subdivider has an interest, the de- veloper shall submit a tentative street plan for all of said tract. (e) All exhibits accompanying the preliminary plan shall be prepared by a registered civil engineer and shall con- tain the seal of such engineer along with a statement that the plat meets the provisions and standards of the Flood Drainage Prevention Ordinance for the City of Tybee Island. FILING OF PRELIMINARY PLAN. The preliminary plan shall be filed with the Planning Commission not less than twenty (20) days pri- or to the regular Planning Commission meeting at which it is to be considered. ACTION ON PRELIMINARY PLAN. If the Planning Commission finds that the proposed design of the subdivision shown on the pre- liminary plan complies with the design requirements of these regulations, it shall recommend approval of such preliminary plan to the Mayor and Council. If the Planning Commission finds that the proposed design of the subdivision shown of the preliminary plan does not comply with the design requirements of these regulations, then the Planning Commission shall either recommend disapproval of such plan or shall recommend approval of such plan on the condition that specified violations are cor- rected prior to the submittal of the final plat. When the Mayor and Council recommend disapproval of a preliminary plan, it shall give the developer the reasons for such disapproval in writing. 19 94-B-20 Except where an extension of time is authorized by the appli- cant for preliminary plan review, the Planning Commission shall have thirty (30) days from the date of the submission of a pre- liminary plan to act on such plan. Unless action is taken on an application for preliminary plan review within the thirty (30) day period, a written recommendation of approval shall be issued by the Planning Commission of the demand of the ap- plicant. The Mayor and Council, upon receipt of a recommenda- tion from the Planning Commission, shall hold a public hearing thereon and shall notify in writing all abutting property own- ers and the developer of the subdivision of the time, date and place of said hearing. The Mayor and Council may either ap- prove, disapprove or require modifications to be subdivision plat. WHEN PRELIMINARY PLAN APPROVED, WORK MAY PROCEED. When a deve- loper receives approval of the preliminary plan showing the de- sign of his proposed subdivision, he may proceed with the con- struction of the subdivision. Such construction shall conform with the design submitted to and approved by the Mayor and Coun- cil. TIME LIMIT ON PRELIMINARY APPROVAL. The Mayor and Council's ap- proval of preliminary plan shall be valid for one (1) year. If work has not started on a subdivision which has been granted preliminary plan approval on or before the end of this one year period, then the plan of such subdivision shall be resubmitted for preliminary approval; provided, however, that this time may be extended unless changes have occurred in this ordinance, or in the character of the property surrounding the property of the proposed subdivision which makes it necessary to revise the design of the proposed subdivision as determined by the 20 94-B-21 Mayor and Council. Final plat. Before a plat of a subdivision is recorded with the Clerk of the Superior Court of Chatham County and the lots thereon offered for sale, an original and four (4) prints of a final plat showing the final design of the subdivision shall be submitted to the Planning Commission for review. Until a final plat of a subdivision has been submitted to and re- viewed by the Planning Commission and approved and signed by the Mayor and Clerk of the city, the Clerk of the Superior Court of Chatham County shall not record the plat of such subdivision, nor shall the owner or agent of such subdivision be authorized to transfer or sell any of the land within such subdivision by reference to a plat. For large subdivisions the final plat may be submitted for approval progressively in contiguous sections satisfactory to the Planning Commis- sion. FINAL PLAT REQUIREMENTS. The original copy of the final plat shall be drawn on eighteen (18) inch by twenty -four (24) inch sheets of linen or equal with black India ink at a scale of not less than two hundred (200) feet to the inch. Where ne- cessary, the final plat may be several linen sheets accompan- ied by an index sheet showing the entire subdivision. The final plat shall contain the following information: (a) Primary control points to which all dimensions, angles, bearings, and similar data on the plat shall be referred. (b) Tract boundary lines; right -of -way lines of streets; ease- ments and other rights -of -ways; property lines of all lots; and in all such cases with surveyed dimensions. Bearings 21 94 -B -22 or deflection angles, radii, arcs, and central angles of all curves shown. (c) Name and right -of -way width of each street or other right -of -way. (d) Location, dimensions, and purpose of any easement. (e) Number to identify each lot or site. (f) Purpose for which sites, other than residential lots, are dedicated or reserved. (g) Minimum building set back line on all lots and other sites. (h) Location and identification of monuments. (i) Names of record owners of adjoining unplatted land. (j) Reference to recorded subdivision plats of adjoining platted land by record name. (k) Certificate that all survey work was performed by a registered civil engineer or registered surveyor. (1) Statement by owner, on the plat, dedicating streets, rights -of -way, easements, and any sites for public use. This statement shall be signed by the owner, or his at- torney as agent, and shall read as follows: All streets, rights -of -way, easements, and any sites for public use as noted on this plat are hereby dedicated for the use intended. (Owner or Attorney as Agent) Such dedications must be formally and specifically ac- cepted by the Mayor and Council of the City of Tybee Island before such dedications shall be binding on the City. (m) Title, scale, north arrow, and date. 22 94-B-23 (n) Key map showing the location of the subdivision in the city. (o) All plats shall show the expected limits of the one hundred (100) year flood where appropriate. CERTIFICATION FROM COUNTY HEALTH DEPARTMENT. If lots are to be served by neither public sewers nor public water, nor one, then the final plat shall be accompanied by a certificate from the county health department certifying health department approval of the water supply system and /or waste disposal system to be used and health department approval of lot sizes and lot widths established in such subdivision. CERTIFICATE FROM ENGINEER. At the time the final plat is submit- ted, it shall be accompanied by a certificate from the developer's engineer certifying that the subdivider has complied with both of the following conditions: (a) All improvements have been installed in accord with the re- quirements of this ordinance and the Flood Damage Prevention Ordinance for the City of Tybee Island and in accord with the design approved by the Mayor and Council on the preliminary plan; and (b) A bond, escrow account or certified check has been posted, which is abailable to the city, and in sufficient amount to assure the completion of all required improvements, as well as to assure the maintenance thereof for a period of not more than twelve (12) months after completion. The Mayor and Coun- cil may reduce the bond or escrow account fifty (50) percent at the end of six (6) months. At the end of the second six months, the developer shall request an inspection, and if no faults or failures have developed, the Mayor and Council shall release the bond or escrow. Such bond or escrow shall remain 23 in force until released by the Mayor and Council after due inspection of said improvements and shall not automatically expire at the end of twelve (12) months. FILING THE FINAL PLAT. The final plat shall be filed with the Planning Commission not less than twenty (20) days prior to a re- gular meeting of the Planning Commission. ACTION ON FINAL PLAT. If the Planning Commission finds that all the requirements of this ordinance have been met, it shall recom- mend approval of the final plat and submit such plat to the May- or and Council. If the Planning Commission finds that all the re- quirements of this ordinance have not been met, and after deficien- cies have been discussed and reviewed with the sponsor, and the sponsor given a period of time which shall not exceed ninety (90) days to take corrective action, then the Planning Commission shall recommend disapproval of the final plat to the Mayor and Council and shall set forth its reasons for such recommendations in writ- ing. Except where an extension of time is authorized by the ap- plicant for final plat review, the Planning Commission shall have thirty (30) days from the date of the submission of a final plat to submit its recommendations on such plat to the Mayor and Council. Unless such action is taken within such thirty (30) day period, then such plat shall be deemed to have received a recommendation for ap- proval from the Planning Commission, and the Mayor and Council may take final action on such plat without waiting further for the re- commendations of the Planning Commission. (a) When the final plat has been approved, the City of Tybee Island shall present the final plat to the Clerk of the Superior Court of Chatham County to be recorded. The Planning Commission shall provide the subdivider with the subdivision map book number and page number in which the subdivision has been recorded by the 24 94 -B -25 Clerk of the Superior Court. The cost of such recording shall be paid by the subdivider and shall be deposited with the City Clerk prior to such recording. (b) After the final plat of the subdivision has been recorded, then all lots shown on such subdivision may be made available for sale and such subdivision shall be entitled to all privileges and services abailable to other subdivisions within the city. REVISIONS TO RECORDED PLAT. (a) Major Revisions. The subdivider shall file with the Planning Commission copies of the proposed revision to a recorded plat together with all support- ing information as required by these regulations. Proposed revisions to a recorded plat which alter or change in any way the street and/ or utility layout of said plat shall be submitted as a preliminary plat in accordance with Section 702 of these regulations. (b) Minor Revisions. Proposed revisions to a recorded plat which do not alter or change in any way the street and /or utility layout of said plat shall be submitted as follows: The subdivider shall file with the Planning Commission four (4) copies of the original plat with all minor revisions shown in red. The plats shall be accompanied by a statement signed by all affected property owners acknowledging their awareness of and approval of the revisions. Proposed revisions shall be reviewed by the Planning Commission. Upon a finding that the revisions comply with all applicable regulations, the revised plats shall be submitted to the Mayor and Council for approval. One copy of the approved plat shall be recorded and one copy shall be attached to the originally recorded plat as part of the public record. 25 94 -B -26 Minor subdivision. Minor subdivisions may be submitted as final plats, and shall comply with the requirements of these regulations, in- cluding minimum finished floor elevation requirements, with the following exceptions: (a) Setback and dead -end street regulations established in the subdivision ordinance will not apply unless the streets ori- ginal development and the lots' original establishment was governed by this ordinance. Set -back shall not be less than the average set -back existing in the blocks on each end of the affected city block, in the street affected. (b) Topographic information shall not be required, unless spec- ifically requested by the city. (c) Only one (1) benchmark shall be required. An existing ac- cessible benchmark within two hundred (200) feet of petition- er's property, if shown on the plat, shall satisfy this re- quirement. (d) The developer shall submit a drainage plan for approval if requested by the city. (e) Provided that where a series of minor subdivisions are deve- loped or proposed immediately adjacent to one another, the Planning Commission, or Mayor and Council men may require the developer to comply with the procedures for major sub- divisions. (f) Residential lots having peculiar shape or topography may be approved utilizing private driveway access easements, pro- vided the purpose and intent of these regulations are met. Such easements shall have a minimum width of twenty (20) feet. The following notation shall be placed on the sub- 26 94-B-27 division plat. "The private driveway access easement is here- by dedicated perpetually for use by the owners and residents of all lots within this subdivision and will not be maintain- ed by the City." This provision will only be applicable to minor subdivisions for the purpose of single - family use. ARTICLE VIII. EXEMPTIONS AND MODIFICATIONS Exemptions. The following types of subdivision shall not be defined as subdivisions and shall be exempted from the requirements of this ordinance, pursuant to the provisions of the Act authorizing the adoption of this ordinance: (a) The subdivision of a tract of land into two (2) or more lots, each having an area of five (5) acres or more, and in which no new street is required. (The dividing of a tract into two (2) or more lots of five (5) acres or more each, which requires new access roads shall be defined as a subdivision under the terms of this ordinance.) (b) The combination or recombination of portions of previously platted lots where the total number of lots is not increas- ed and the resultant lots are equal to the standards set forth in this ordinance. Final plat approval only. In the case of a subdivision which shall have lots fronting only on an existing, open, and public street and which does not require a new street, the developer of such subdivision shall only be required to submit a final plat. Variance. When a peculiar shape, or the topography of a tract of land, or other unusual condition, makes it impractical for a developer 27 94 -B -28 to comply with the literal interpretations of the design re- quirements of this ordinance, the Mayor and Council, follow- ing a recommendation of the Planning Commission may approve variances to these regulations, provided, however, that in so doing the intents and purposes of this ordinance are not vio- lated. ARTICLE IX. PENALTIES Violation a misdemeanor. Any person violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be subject to such penalties as are provided by law for other mis- demeanors. Other penalties. Unless a subdivision hereafter established shall be design- ed, developed, and recorded in accordance with the provisions of this ordinance, then: (a) The city shall not accept the dedication of any street with- in such subdivision, nor shall the city improve, maintain, grade, pave, or light any street within such subdivision un- less such street or streets shall have received the status of public streets prior to the adoption of this ordinance. (b) The city shall not assume any responsibility for drainage problems within such subdivision unless city owned and main- tained drainage structures already exist in such subdivisions. (c) The city shall not issue a building permit within such subdi- vision. (d) No unit of local government shall be authorized to extend any publicly operated service or utility into such subdivision. ARTICLE X. AMENDMENTS 28 94 -B -29 Amendment. This ordinance may be amended from time to time, but no amendment shall become effective unless it shall have been pro- posed by or shall first have been submitted to the Planning Com- mission for review and recommendation to the Mayor and Council. Before enacting an amendment to these regulations, the Mayor and Council shall hold a public hearing thereon, notice of which shall hold a public hearing thereon, notice of which shall be published at least fifteen (15) days prior to such hearing in a newspaper of general circulation in Chatham County. ARTICLE XI. LEGAL STATUS PROVISIONS Validity. Should any section or provision of this ordinance be de- clared by the courts to be unconstitutional or invalid, such de- claration shall not affect the ordinance as a whole, or any other part thereof than the part so declared to be unconstitutional or invalid. Effective date. This ordinance shall take effect and be enforced from and after its adoption. Repeal of conflicting ordinances. All ordinances and parts of ordinances in conflict herewith are hereby repealed.