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19880907CCMeeting1 1 1 Tybee Island Planning Commission September 7, 1988 I. The meeting was called to order by Chairman, John Hutton. Also present were: Mary McAfee, Loree Anderson, Jimmy Brown, John Lewis, Tom Hollingsworth and Tommy Clark. Warren Bell and James LaFavor were absent. II. Minutes were read.and approved. (Motion by Loree Anderson 2ND by Lewis.) III. No Correspondence was entered into the record. IV. Report- of Secretary: Staff time & Expenses V. Committee Reports: None VI. Bed & Breakfast: John Lewis, Tommy Clark and Rose E. Lanier to study the Bed & Breakfast. No vote was taken, deferred until after study. (Motion Tommy Clark, 2nd Mary McAfee.) VII. Final Plat Request: Send letters to 9 projects that are under construction or recently been approved by the Planning Commission asking for final plat and the as builts. Loree Anderson made a motion to send letters and John Lewis 2nd. Include copy of code section with request. VIII. Master Plan Update: Different parts of master plan were assigned to each member. Health: Loree Anderson & J Parking: Tommy Clark General Zoning: Tom Hollingsworth Area City Hall: Mary McAfee Police & Jail Buildings: Jimmy Brown Fire Station: John Lewis Library: James La Favor (Viso Ree.d Par-51 R+eS1-r ° °".'S Stnowers & : Warren Bel 1!-5. tins -P B1-*I.1'So S 'Art r . Fokc.. `1 SG-a-kr_ R 1 J e.r Summary of Master Plan by all members to John Hutton before next meeting, October 3rd, 1988 IX. New Business: Sand Castles Development: Tommy Clark removed himself from, discussion. John Kern needs to look at code section 8 -4 -31 Residential Districts and sub section (d) RT Residential Tourist District on page 690 and page 694 sub Section (k) Schedule of residential District Dimensional Requirements to see what needs to be presented to the Planning Commission. jrb Jim and Dittie Kluttz made comments on the Bed & Breakfast issue. X. The Meeting adjourned. 1 C1iapt:p?' 5 FLOOD DAMAGE CONTROL 8 -5 -1. Findings of Fact. 8 -5 -2. Statement of Purposes. 8 -5 -3. Objectives. 8 -5 -4. Definitions. 8-5-5. Adoption of FEMA flood hazard boundary maps, flood insurance studies and flood insurance rate maps. 8 -5 -6. Compliance. 8 - -5 -7. Abrogation and greater restrictions. 8 -5 -8. Interpretation. 8-5-9. Warning and disclaimer of liability. 8- -5 -10. Penalties for Violation. 8 -5 -11. Development of Coastal High Hazard Areas (V Zone Areas). 8 5 -12. Requirements for Residential Construction in an A Zone. 8 -5 -13. Requirements for non - residential construction in the A zone. 8 -5 -14. Manufactured housing in the A zone and V zone. 8- 5 - -15. Continuance of nonconforming land uses. 8- 5- -16. Elevations to he attached to building permit applications. 8- 5 - -17. Certificate of occupancy for property in V zone or A zone. 8 -5 -18. Building permit applications reviewed prior to issuance. 8- 5 -19.- Administration, enforcement, appeal, amendments, complaints and remedies. 8-5-20. Variance procedures. 8 -5 -21. Conditions for variance. 8 -5 -22. Standards for subdivision proposals. Section 8-5-1. Findings of fact. (a) The flood hazard areas of the city are subject to the possibility of periodic inundation which could result in the loss of life, property, health and safety hazards, extvmordtnary public expenditures for flood protection and relief, and IIimpairment of the tax base, ali of which adversely affect the public health, safety and general welfare. (b) These potential flood losses are increased by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the existence in flood hazard areas of uses or occupancies vulnerable to floods or hazards to other properties which are inadequately elevated, floodproofed, or otherwise protected from flood damages: (Ord.No.5 -- ].985, 10- 23 -85) 1.'tt ^t�1R'Iltr =!111 n( i ?I1 }'Iva• -"'. It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private loses due to flood conditions in specific areas by provisions designed to: (a) Restrict or prohibit uses which are dangerous to health, safety and property due to water, erosion, or flood heights or water velocities; (b) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of the initial construction. (c) Control filling, grading, dredging and other development which may increase erosion or flood damage; and (d) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. (Ord.No.5- 1985,10- 23 -85) 1 r: 1')t! %1 c, 011 J, 1 .1,- The objectives of this chapter are: (a) To protect human _life and health. (b) To minimize expenditure of public money for costly flood control projects. (c) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public. (d) To minimize prolonged business interruptions. (e) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets and bridges located in floodplains. (f) To help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize the future flood blight areas. (g) To insure that potential home buyers are notified that property is in a flood area_ (h) To insure continuity of eligibility of Tybee properties for flood insurance. (Ord. No.5-1985,10-23-85) n 1. uf.finitint, Unless specifically defined below, words or phrases used in this chapter shall he interpreted so as to give them meaning they have in common usage and to give this chapter its most reasonable application. (a) Appeal means a request for a review of the building inspector's interpretation of any provision of this chapter or a request for a variance, (h) "Addition ( in e.yi-ting hui3ding)" means any walled •ond roofed eypan-,ion t- 1),:rimeter of a building in which the addition is uennected hy eemmon loadbearing wall other than a fire wall. Any wuiled nd 'oofrd addition which is eonneeted hy a file c-01 or ir separated by independent perimeter load-bearing w211- is new construction. (c) Area of special flood hazard is the land in the floodplain within a community is subject to a one per cent chance of flooding in any given year. (,1) 'Ai oi n rhullow flooding" means a designated AO or VC) Zone op a community's Need Tn-urance Rate Map (FIRM) with h;Ise f,n1,1 r thle feet where a clearly defined ,hannel where the path of flooding is unpredietuhle rind 1 nd, tele, )111 whore velo-Ity flow mly c'virIPW" (e) Base flood means the flood having a one per cent chance of being equaled or exceeded in any given year. (f) Basement is an enclosure with floor level below natural grade on all sides. (g) Base flood level is the one hundred-year flood elevation. (h) Breakaway wall means any type of wall that is not part of the structural support of the building and which are so dt7,signed as to break away, uncle, abnormally high tides or wave action, without damage to the structural integrity of the building on which it is used. (i) Building: See "structure." 1 1 (j) Building permit Is the permit as required by the city planning and development section of the Code of Ordinances. (k) Coastal high hazard area (V zones) means those areas that are subject to high velocity waters, including but not limited to hurricane wave wash. The area is designated on a FIRM as Zone V -1 -30, VE or V. (1) Development means any man -made changes to improve or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. (m) Existing mobile home parks or subdivision is a parcel of land divided into two (2) or more mobile home lots for rent or sale for which facilities were completed prior to adoption of this chapter or prior to inclusion of property within city limits. (n) Expansion of an existing mobile home park or mobile home subdivision means preparation of additional sites by grading, installing utilities, pads, or streets, or otherwise adding service facilities. (o) Flood or flooding means a general and temporary condition of a partial or complete inundation of normally dry land areas from: (1) The overflow of inland of tidal waters, or (2) The unusual and rapid accumulation or runoff of surface waters from any source. (p) Flood Insurance Rate Map means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. (q) "Flood Insurance Study" is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood. (r) " Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. (s) "Floor" means the top surface of an enclosed area in a building (Including basement), i.e., top of slab in concrete construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for p:1° 1-ing vehicles. 1 1 (t) "Functionally dependent facility" means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long -term storage, manufacture, sales, or service facilities. (u) "Highest adjacent' grade" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. (v) "Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirements of this ordinance. (w) "Mean Sea Level" means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the flood plain. For purposes of this ordinance, the term is synonymous with National Geodetic Vertical Datum.(NGVD) (x) Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does include recreational vehicles or travel trailers placed on a site for 180 consecutive days and installed to be improved property. (y) New construction means structures for which the "start of construction" commenced on or after the effective date of this chapter. (z) Sand dunes means naturally occurring accumulation of sand in ridges or mounds landward of the beach. (aa) Structure means a walled and roofed building that is principally above ground, as well as a mobile home. (1) "Start of construction "(for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97 -348), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent constructi.on of a structure (including a 1 manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement od a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and /or walkways; nor does it include excavation for a basement, floorings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. (2) Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) per cent of the fair market value of the structure either (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local • health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. Fair market value for the purpose is value of structure as determined by the Chatham County tax assessor's office. (3) Variance is a grant of relief to a person from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship. Unnecessary hardship shall be determined on a case by case basis by the mayor and council. (Ord. No.5- 1985,10- 23 -85) Section 8-5-5 Adoption of FEMA flood hazard boundary maps, flood insurance studies and flood insurance rate maps. The flood hazard boundary maps, insurance studies and rate maps, and any revision thereto, including the zone designations on said map and all explanatory material noted thereon, are hereby incorporated into this chapter. These maps shall be kept in custody of that individual to whom the mayor and city council have delegated the administrative responsibility for the approval and issuance of building permits. These maps shall be used to determine those areas that contain flood hazards and those areas that require construction of buildings to meet certain elevations. In the a -e of above office criteria for any area or structure, the city -411 obtain and make reasonable uses of 1 any base flood elevation and floodway data available from a federal, state or other source in order to administer the provisions of the ordinance. Section 8 -5 -6. Compliance. No structure or development within the city limits of Tybee Island shall hereafter be located, constructed, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations. Section 8- -5 - -7. Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section 8 -5 -8. Interpretation. In the interpretation and application of this chapter all provisions shall be: (a) Considered as minimum requirements (b) Liberally construed in favor of the governing body (c) Deemed neither to limit nor repeal any other powers granted under state • statutes. Section 8 - -5 -9. WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man -made or natural causes. This ordinance does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the city or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. Section 8 -5 -10. PENALTIES FOR VIOLATION. Violation of the provisgions of this ordinance or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this ordinance or fails to Icomply with any of its requirements shall, upon conviction thereof, be fined or imprisoned, or both, in accordance with the General Penalties Section of this Code of Ordinances, Section 1- 1 -8 and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Section 8-- 5- -11. DEVELOPMENT OF COASTAL HIGH HAZARD AREAS (V ZONE AREAS). Within those areas designated as coastal high hazard areas by the flood maps, no land below the level of the one hundred - year floor shall be developed or improved unless the new improvement shall: (a) Be located landward of mean high tide, and (b) Be elevated and secured to anchored pilings or columns so that the lowest portion of the horizontal structural members of the lowest floor (excluding pilings or columns) is elevated to or above the applicable one hundred -year base flood elevation and the pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loads shall each have a one percent (1%) chance of being equalled or exceeded in any given year. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the ocnstruction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this section. (c) Have the space below the lowest horizontal support member for the lowest floor free of obstructions that the impact of abnormally high tides or wind - driven water is minimized. (d) Provide that all new construction and substantial improvements, within zones V1 -30, VE and V on the community's FIRM, have the space below the lowest floor either free of obstruction or constructed with non - supporting breakaway walls, open wood lattice work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 nor more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading' resistance of 20 pounds per square foot (either by design or when so required by local or State codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and, -ii- the elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other 1 structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and non - structural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equalled or exceeded in any given year (100 year mean recurrence interval.) -iii -. Such enclosed spare shall be used solely for vehicle parking, building access or storage. (e) There shall be no fill used as structural support. Non - compacted fill may be used around the perimeter of a building for landscaping /aesthetic purposes provided the .fill will wash out from storm surge, (thereby rendering the building free of obstruction) prior to generating excessive loading forces, ramping effects, or wave deflection. The city inspections department shall approve design plans for landscaping /aesthetic fill only after the applicant has provided an analysis by an engineer, architect and /or soil scientist, which demonstrates that thefollowing factors have been fully considered: i- Particle composition of fill material does not tendency for excessive natural compaction; ii- Volume and distribution of fill will not cause wave deflection to adjacent properties; and iii-- Slope of fill will not cause wave run -up or ramping. (f) There shall be no alteration of sand dunes which will increase potential flood damage. Sert.ion 8- 5- 12. REQUIREMENTS FOR RESIDENTIAIL CONSTRUCTION IN THE A ZONE. (a) Within those areas of the municipality designated as areas of special flood hazard on the flood map (zone A), substantial improvement of existing structures and all new construction of residential structures including prefabricated and mobile homes shall have the lowest floor of such structure, including basements, elevated to or above the applicable level of the one hundred -year flood. Such construction may have unfinished garage or storage areas below the base flood elevation, but not for eventual use as living quarters. Areas used for parking or storage may have electrical outlets provided that each is protected by a ground fault protector. (b) Floodways. Located within areas of special flood hazard are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and has erosion potential, the following provisions shall apply: -i- Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge; -ii- All new construction and substantial improvements shall comply with all applicable flood hazard reduction pro- visions of Section 8 -5 -11. -iii- Prohibit the placement of manufactured homes (mobile homes) except in an existing manufactured homes park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the elevation requirements and anchoring standards of Section 8 -5 -14 are met. (c) For all new construction and substantial improvements,fully enclosed areas below the lowest floor that are subject to floodingshall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowed for the entry and exit of floodwaters. Designs for meeting this requirement must be either certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: -1- A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. -2- The bottom of all openings shall be no higher than one foot above grade. -3- Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the auto- matic entry and exit of floodwaters. Sa•rt ion 8-5-13. REQUIREMENTS FOR NONRESIDENTIAL CONSTRUCTION IN THE A ZONE. (a) Within those areas of the municipality designated as special flood hazard areas by the flood maps, substantial improvements to existing and to all new construction of nonresidential structures shall have the lowest floor, including basements, elevated on or above the applicable level of the one hundred -year flood, or together with attendant utility and sanitary facilities, such nonresidential structures shall be floodproofed up to the applicable level of the one hundred -year flood. As an alternative to the elevation of nonresidential structures, such structures may be floodproofed. Floodproofing in lieu of elevation will be accomplished in conformance with the provisions outlined in the floodproofing regulations publication drafted by the office, chief of engineers, by the U.S. Army Engineer District, dated June, 1972, and specifically section 210 -2 titled "Completely Flood Proofed Structures" (FP11, FP12). These regulations are available for review within the office of the City of Tybee Island. If floodproofing is utilized, a Georgia - registered professional engineer or architect shall develop or Ireview the structural design, specifications and plans for construction, and shall certify that all areas of the building are floodproofed so that the walls are substantially impermeable 1 to the passage of water. A floodproofed structure must use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. The registered professional engineer or architect must certify that the structure is designed to meet, and that the construction methods will satisfy, the requirements of Section 8 -5 -13 of this ordinance. (b) Areas designated as floodways within areas of special flood hazard shall comply with the standards set in Section 8- 5- 12(b). (c) For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must be either certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: -1- A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. -2- The bottom of all openings shall be no higher than one foot above grade. -3- Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the auot- matic entry and exit of floodwaters. Section 8 -5 -14. MANUFACTURED HOUSING IN A ZONE AND V ZONE. (a) All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement by providing over -the- top and frame ties to ground anchors. Specific requirements shall be that: -1- Over- the -top ties be provided at each end of the manufactured home, with one additional tie per side at an intermediate location on manufactured homes of less than fifty (50) feet and one additional tie per side for manufactured homes for fifty (50) feet or more;. -2- Frame ties be provided at each corner of the home with four (4) additional ties per side at intermediate points for manufactured homer less than fifty (50) feet long and one additional tie for manufactured homes of fifty (50) feet or longer; -3 -- All components of anchoring system shall be capable of carrying a force of four thousand eight hundred (4,800) pounds; and -4- Any addition to the manufactured home must be similarly anchored. (b) For new manufactured home parks and subdivisions; for expansions to existing manufactured home parks and subdivisions where the repair, reconstruction, or improvement of the streets, utilities, and pads equals or exceeds fifty (509;) percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for manufactured 1 1 homes not placed in a manufactured home park or subdivision, specific requirements shall be: -1- Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the manufactured home will be at or above the base flood level; -2- Adequate surface drainage and access for a hauler are provided; and - 3- In the instance of elevation on pilings: -i- Lots are large enough to permit steps; -ii- Piling foundations are placed in stable soil no more than ten feet apart; and -iii- Reinforcement is provided for pilings more than six (6) feet above ground level. - 4- For all new construction and substantial improvements in the A zone, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of-floodwaters. Designs for meeting this requirement must be either certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: i A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. - -ii -- The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices pro- vided that they permit the automatic entry and exit of floodwaters. (c) In areas of special flood hazard (V Zones) a registered professional engineer or architect shall certify that the design, specifications and pans for construction are in compliance with the provisions contained in Section 8 -5 -11 of this ordinance. No fill shall be used as structural support, and all restrictions found in Section 8 -5 -11 regarding fill shall be followed. No alteration of sand dunes which would increase potential flood damage shall be allowed in areas of special flood hazard. Section 8-- 5 - -15. CONTINUANCE OF NONCONFORMING LAND USES. Nonconforming land uses will be in accordance with Section 8 -5 -16. There will be no expansions of any nonconforming uses within areas designated as coastal high hazard areas (V zones) or in A zones except as per Section 8 -5 -20, "Variances ". Section 8- -5 -16. ELEVATIONS TO BE ATTACHED TO BUILDING PERMIT APPLICATIONS. All building permit applications for the construction of new structures or the improvement of residential and nonresidential structures including manufactured housing shall have indicated thereon the base flood elevation from mean sea level (MSL). The 1 building permit should indicate that the as -built lowest floor elevtion in A zones must be at or above the base flood elevation. V zone structures must be elevated so that the bottom of the lowest horizontal structural member is at or above the base flood elevation. During construction certification of lowest floor elevation as constructed shall be provided as per Section 8 -5 -17. This certificate shall recite that based upon a site visit and verification of elevation of supporting structure in place, the elevation of the lowest floor when constructed will be MSL. This certificate will meet the "as constructed" elevation certificate requirements if properly timed by the registered engineer or architect. Spr-tion 8-5 17. CERTIFICATE OF OCCUPANCY FOR PROPERTY IN V ZONE AND A ZONE. ZONE V CERTIFICATION Elevation of low- est floor or structural member as constructed. V As constructed, building is se- cured to anchored pilings or columns. TIMING FOR FILING Prior to final erection of horizontal support for lowest floor 30 days maximum after completion. V As constructed, if 30 days maximum after unfinished enclosed completion. areas below base flood exceed 300 square feet, condi- tions meet V Zone standards. A All new construction 30 days maximum after or substantial im- completion. provements must show certification of as- built lowest floor elevation. A Floodproofing com- plies with all re- quirements of Sec. 8 -5 -13, to eleva- tion .(This Certification re- quired when flood - proofing nonresi- dential structures in lieu of elevat- ing to base flood 30 days maximum after completion. CERTIFIED BY GA- licensed surveyor, architect, or engineer. Engineer or architect, GA registered. Engineer or architect, GA registered. Engineer or architect, GA registered. Engineer or architect, GA registered. level). All new construction and substantial improvements in A and V zones shall use construction materials resistant to flood damage and shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Upon receipt of these certifications and after final inspection of the new construction by the appropriate inspections department personnel to assure that the construction meets these and other code requirements, a certificate of occupancy will be issued. Section 8 -5 -18. BUILDING PERMIT APPLICATIONS REVIEWED PRIOR TO ISSUANCE. Where improvements are involved, permit applications shall show estimated cost of proposed improvements and the county appraised market value of the structure to be improved, exclusive of land. Within those areas of the city designated as flood hazard areas (A and V zones) by the flood maps, all building permit applications for new construction or improvement of residential and nonresidential structures including manufactured homes shall be reviewed to insure that all permits required . by state and federal law have been received and the proposed construction shall: (a) Be protected against flood damage; and (b) Be designed or modified and anchored to prevent flotation, collapse, or lateral movement of the structure; and (c) Use designs locating susceptible mechanical & electrical equipment so that water will not enter or accumulate within components during condition of flooding. (d) Use construction methods and practices that will minimize flood damage; and (e) Within floodprone areas new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems; and (f) Within floodprone areas new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters and on -site waste disposal systems be located to avoid impairment or contamination from them during the flood. (g) In flood -prone areas construction materials resistant to flood damage shall be used. (h) All new construction and substantial improvements in flood -prone areas shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment amd other service facilities that are designed and /or located so as to prevent water from entering or accumulating within the componr 's during conditions of flooding. SECTION 8-5-19 ADMINISTRATION, ENFORCEMENT, APPEAL, AMENDMENTS, COMPLAINTS, AND REMEDIES. Procedures for the administration, enforcement, variances and appeals of the provisions of this chapter will be in accordance with the planning and development section of the City of Tybee Island Code (section 8- 5 -16). .SECTION 8- -5 - -20 VARIANCE PROCEDURES. (a) The mayor and council shall hear and decide appeals and request variances from the requirements of this chapter. (b) The mayor and council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the building inspector in the enforcement or administration of this chapter. (c) Any person aggrieved by decision of the mayor and council or any taxpayer may appeal any decision to superior court, as provided for an appeal from probate court. (d) In passing upon such applications, the mayor and council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter; and -1- The danger that material may be swept onto other lands to the injury of others. - 2- The danger to life and property due to flooding or erosion damage. - 3- The susceptibility of the proposed facility and its contents to flood damage and the effect of any damage on the individual owner. -4- The importance of the services provided by the proposed facility to the community. - 5- The necessity to the facility of a waterfront location where applicable. -6- The availability for alternative locations, not subject to flooding or erosion damage, for the proposed use. -7- The compatibility of the proposed use with existing and anticipated development. -8- The relationship of the proposed use to the comprehensive plan and floodplain management for the area. -9- The safety of access to the property in times of flood for ordinary and emergency vehicles. -10- The expected heights, velocity. duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, at the site. -11- The costs of providing governmental services during and after flooding conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. -12- Generally, variances may be issued for new construction and improvements to be erected on a lot of one -half acre or less in size contiguous to and surrounded by lots with Iexisting structures constructed below the base flood level, providing subsections (1) through (11) have been fully considered. As the lot sip, in ,eases above one -half acre, the technical justification for issuing the variance increases. -13- Upon consideration cif the factors listed above and the purposes of this chapter, the mayor and council may attach any conditions to the granting of variances it deems necessary to further the purposes of this chapter. (e) Variances may be issued for the reconstruction rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places although these structures may fail some of the tests herein prescribed. SECTION 8-5-21. CONDITIONS rPR VARIANCES. (a) Variances shall be issued upon a determination that the variances is the minimum necessary, considering the flood hazard, to reduce unnecessary hardship. (b) Variances shall only be issued upon: -1- A showing of good and sufficient cause, and -2- A determination that failure to grant a variance would result in unnecessary hardship to the applicant, and -3- A determination that the granting of a variance will not result in increased flood heights, additional threats to the public safety, extraordinary public expenses, creation of nuisances, fraud or victimization of the public, or conflict with existing local laws or ordinances. (c) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (d) The mayor and council shall maintain the records of all appeal actions and report any variances to the federal insurance administration upon request. SECTION 8 5 - -22 STANDARDS FOR ST1BDIVISION PROPOSALS. (a) All subdivision proposals shall be consistent with the need to minimize flood damage. (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. (d) Base flood elevation data shall be provided for subdivision proposals and other proposed development. DOPTED THIS 8 H DAY OF WALTER W. PARKER, MAYOR ATTEST: CLERK OF COUNCIL i First Union National Bank of Georgia 699 Broad Street Post Office Box 1211 Augusta, Georgia 30913 August 19, 1988 City of Tybee Island Attn: Phyllis Cary P. O. Box 128 Tybee Island, Georgia 31328 Re: Savannah Beach 72 Account #3078307227 Dear Ms. Cary, As you know, the Resolution governing this account prov for investment in a limited list of securities and in B, or Savings & Loan Certificates of Deposit. We make eve effort to keep the maximum amount invested, keeping in i the schedule of cash disbursements. The securities allowed are typically available in $10,01 minimums and $5,000 increments, but do feature market liquidity. On the other hand, Certificates of Deposit e available in any amount, but feature specific maturity dates, thus limiting liquidity. To overcome these shortcomings, we have just created a n vehicle that we call "First Union Public Funds Managemen Account ". It is equivalent to a Certificate of Deposit First Union National Bank of Georgia, and is collaterali according to the requirements of the Resolution and Stat Law, but with daily withdrawal priviledges. We will automatically "sweep" increments of $100 into and out of this account nightly, thus maximizing investment and liquidity. The account will pay current money market ra adjusted weekly. Obviously, this will only be used for small amounts and /or temporary situations, and longer -te: investments will be the rule. If you have questions about this vehicle, please let us know. Otherwise, please indicate your approval of our u: of this investment for your account by signing and returr the copy of this letter prepared for that purpose. Cordially yours, t __ AY/t E. 9': pauldi Corp ate Tru Date: