HomeMy Public PortalAbout20210419_PC_PACKET.pdfUNA0
BishopDemery
Ron Bossick
Marie Gooding
iwsan Hill
Elaine T. ..........
David McNaughton
I Whitley Reynolds
A. Call to order:
... ,,ETEUV ,
George Shaw
Planning Commission Meeting
AGENDA
April 19, 2021— 7:00 p.m.
For City Council Meeting May 13, 2021— 7: 00 p.m.
B. Consideration of Minutes:
1. Minutes of February 22, 2021
C. Disclosures/Recusals:
D. Old Business:
E. New Business:
1. MAP AMENDMENT: Rezone parcel from C -2/11-1-B to C-2 — 6 N. Campbell Ave. — 40019
01006 — Caroline L. Burke.
2. TEXT AMENDMENT: Amendment to Article 13 of the Land Development Code.
3. TEXT AMENDMENT: Amendment to Flood Ordinance, Sec. 8-060 to Sec. 8- 230.
4. TEXT AMENDMENT: Amendment to Tree Ordinance
F. Discussions:
Adjournment:
Lisa L. Schaaf
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations
for those persons.
Demery Bishop
Ron Bossick
Marie Gooding
iwsan Hill
Elaine T. McGruder
David McNaughton
I Whitley Reynolds
N11TA 61M
MMILTITHIM1,1
v-swazanir r. t, E T E ur ei v- t E i vT— i i n a-
George Shaw
Planning Commission Meeting
MINUTES
February 22, 2
Commissioner Bishop called the February 22, 202
order. Commissioners present were Ron Bossick,
David McNaughton and J. Whitley Reynolds.
Planning Commission Oath administered b
(2 -year terms end January 31, 2023):
Mayor Shirley Sessions approached the Plann
Gooding, Susan Hill and David McNaughtor
Mayor Shirley Sessions then thanked the new
community.
Elections:
Commissioner
Commission. A
Bossick for Vic
Consideration of M
Chair Demery Bish
approve. The vote to
Adjournment:
Lisa L. Schaaf
ed for
ve was
was
rot Im � # I
[WilmX110 11 "
,,e Island Planning Commission meeting to
Gooding, Susan Hill, Elaine T. McGruder,
mmission and asked the newly appointed members Marie
,id and raise their right hand and repeat after her the oath.
ers and stated how important their work is to the
ny nominations for Chair and Vice Chair of the Planning
issioner Demery Bishop for Chair and Commissioner Ron
the January 25, 2021 meeting minutes. A motion was made to
101146111Z� Is 70191me 1
COMMUNITY CHARACTER MAP: Commercial Gateway, Ft. Screven Historic District
PROPOSAL: The applicant is requesting to change zoning from C-2 highway business and R -IB single
family residential to just C-2 to allow for commercial uses.
ANALYSIS: These lots were given a split zoning when the C-2 corridor was created. This causes
confusion for property owners as it only allows for the uses of the less restrictive district. This particular
parcel is an empty lot with residential uses on either side. Over 2/3 of the lot is in the C-2 district
The Comprehensive Plan describes the Commercial Gateway in which it lies as follows:
This area functions as an activity center and serves as the commercial gateway for the City. Zoning
classifications are C-1, C-2, R-1, R -IB, R -T, and R-2. The mix of neighborhood commercial uses include
shopping, crafts, restaurants, and eco -tourism
Comprehensive Plan — Community Character Area
Commercial Gateway
Recommended Development Strategies
Meets
Strategy
YIN or NIA
1.
Encourage commercial and mixed use development and redevelopment along the US 80
commercial corridor
y
2.
Discourage down -zoning within the US 80 commercial corridor
y
3.
Establish standards for a maximum percentage of residential use on a per parcel basis to
ge mixed us
encourage
N/A
40
Enhance pedestrian movements with streetscape improvements
N/A
5.
Allow for the appropriate mix of retail, residential, and tourism related uses consistent with
the Plan vision
y
6.
Implement traffic calming measures and parking improvements
N/A
7.
Establish noise and sight buffers between commercial uses and 4acent residential area
N
8.
iew parking requirements to ensure they are not prohibitive to future commercial
Review
eeIopment
dv
N/A
STAFF FINDING
Staff believes that split zoning should not have occurred in the first place and causes confusion among
property owners or potential property owners. The residential uses on each side will require buff -
,r r
ommends approval
Fly a- Extre I L74 I a' R
A. Map Amendment application (3 pages.'
B. Photographs (2 pages)
C. Property card (2 pages)
D. SAGIS map (I page)
W,
CITY OF TYBEE ISLAND
LAND DEVELOPMENT CODE
MAP AMENDMENT APPLICATION
Fee
Applicant's Name
Uaf-
Applicant's Telephone Number
Applicant's Mailing Address •JQ ZZWI S—O5
If within two (2) years immediately preceding the filing of the Applicant's application for a zoning action, the
Applicant has made campaign contributions aggregating to more than $250 to the Mayor and any member of
Council or any member of the Planning Commission, the Applicant and the Attorney representing the Applicant
must disclose the following:
a. The name of the local government official to whom the campaign contribution or gift was made;
b. The dollar amount of each campaign contribution made by the applicant to the local government official
during the two (2) years immediately preceding the filing of the application for this zoning action, and
the date of each contribution;
enumeration and description of each gift having a value of $250 or more made by the Applicant to
the local goverm-nent official during the two (2) years immediately preceding the filing of the
application for this zoning action.
Disclosure of Campaign Contributions form attachment hereto: Yes
"p I � 4- 400 0 too
P,ez,Lq- from,
60
4
Date
City Official "VA Date
V71 V
V
Page 1 of 3
NOTE: This application must be accompanied by additional documentation, including drawings and/or text that include
or illustrate the information outlined below.
Indicate in the spaces provided whether or not the required information is provided.
YES or NO REFERENCE
DESCRIPTION
-Ar 5-020 (D)
An amendment to the zoning map is considered to be an amendment of the Land
Development Code. Such action requires a hearing by the Planning Commission
and approval by the Mayor and Council at a scheduled public hearing.
5-040 (E) (2)
2�cj 5-040 (E) (2) (a)
An application for a map amendment shall include the following information:
A map or plat of the land in question prepared, signed and sealed by a State of
Georgia certified land surveyor, and a description by metes and bounds, bearings,
and distances of the land, or if the boundaries conform to the lot boundaries
within a subdivision for which a plat is recorded in the land records of Chatham
County then the lot, block, and subdivision designations with appropriate plat
reference; and
5-040 (E) (2) (b)
The area of the land proposed to be reclassified stated in square feet if less than
one acre, and in acres if greater than one acre.
5-110
Section 5-110, Standards for Land Development Code or Zoning Map
Amendment Approval, identifies standards and other factors to be considered by
the Mayor and Council in making any zoning decision. The Applicant should
provide written data addressing each of the below listed standards and factors to
assure consideration of applicable information.
L 5-110 (A)
The existing land use pattern;
5-110 (B)
The possible creation of an isolated district unrelated to adjacent and nearby
districts;
I'le 5-110 (C)
The existing population density pattern and the possible increase or overtaxing of
the load on public facilities;
5-110 (D)
Whether changed or changing conditions make the passage of the proposed
amendment reasonable;
/Vo 5-110 (E)
Whether the proposed change will adversely influence existing conditions in the
neighborhood or the city at large;
Al� 5-110 (F)
Potential impact on the environment, including but not limited to drainage, soil
erosion and sedimentation, flooding, air quality, and water quality and quantity;
1,1a 5-110 (G)
The reasonableness of the costs required of the public in providing, improving,
increasing or maintaining public utilities, schools, streets and public safety
necessities when considering the proposed changes;
_A16 5-110 (H)
Whether the proposed change will be detrimental to the value or improvement or
development of adjacent or nearby property in accordance with existing
requirements;
5-110(l)
Whether the proposed change is out of scale with the needs of the neighborhood
or entire city;
5-110 (J)
Whether the proposed change will constitute a grant of special privilege to the
individual owner as contrasted with the adjacent or nearby neighborhood or with
the general public; and,
5-110 (K)
The extent to which the zoning decision is consistent with the current city master
plan or other local planning efforts, if any, of the city.
The Applicant certifies that he/she has read the requirements for Land Development Code Map Amendments and
provided the required information to the best of his/her ability in a truthful and honest manner.
Signature of Applicant
Date
Page 2 of 3
Have you within the past two (2) years made campaign contributions or gave gifts having an
aggregate value of $250.00 or more to a member of the City of Tybee Island Planning
Commission, or Mayor and Council or any local government official who will be considering the
rezoning application?
YES NO
— - ----------- -
NAMEOF CONTRIBUTIONS GIFTS DATE OF
GOVERNMENT OF $250.00 OF $250.00 CONTRIBUTION
OFFICIAL OR MORE ORMORE
EEJ —
Signature
Printed NameLine-
Date 3 A I IPA
Page 3 of 3
Applicant's Name car& -e--
Applicant's Telephone Number
Applicant's Mailing AddressAv-
If within two (2) years immediately preceding the filing of the Applicant's application for a zoning action, the
Applicant has made campaign contributions aggregating to more than $250 to the Mayor and any member of
Council or any member of the Planning Comn-iission, the Applicant and the Attorney representing the Applicant
must disclose the following:
a. The name of the local government official to whom the campaign contribution or gift was made;
b. The dollar amount of each campaign contribution made by the applicant to the local government official
during the two (2) years immediately preceding the filing of the application for this zoning action, and
the date of each contribution;
c. An enumeration and description of each gift having a value of $250 or more made by the Applicant to
the local government official during the two (2) years immediately preceding the filing of the
application for this zoning action.
Disclosure of Campaign Contributions form attachment hereto: -4 Yes
C)
Date
NOTE: Other specific data is required for each proposed Text Amendment.
/fi4;c% )3 --F 1 , k, j jqe xarf
City Official Date
Page t of 3
NOTE: This application must be accompanied by additional documentation, including drawings and/or text
that include or illustrate the
R!• 1 � . I a - a
5-020 (E)
An amendment to the text of this Land Development Code follows the same
process as an amendment to the zoning map. However, a text amendment
requires different materials to be included with the application.
5-040 (E) (1)
In the case of a text amendment, the application., shall set forth the new text to
be added and the existing text to be deleted.
5-110
Section 5-110, Standards for Land Development Code or Zoning Map
Amendment Approval, identifies standards and other factors to be considered
by the Mayor and Council in making any zoning decision. The Applicant
should provide written data addressing each of the below listed standards and
factors to assure consideration of applicable information.
5-110 (A)
The existing land use pattern;
5-110 (B)
The possible creation of an isolated district unrelated to adjacent and nearby
districts;
5-110 (C)
The existing population density pattern and the possible increase or overtaxing
of the load on public facilities;
5-110 (D)
Whether changed or changing conditions make the passage of the proposed
amendment reasonable;
5-110 (E)
Whether the proposed change will adversely influence existing conditions in
the neighborhood or the city at large;
5-110 (F)
Potential impact on the environment, including but not limited to drainage, soil
erosion and sedimentation, flooding, air quality, and water quality and quantity;
5-110 (G)
The reasonableness of the costs required of the public in providing, improving,
increasing or maintaining public utilities, schools, streets and public safety
necessities when considering the proposed changes;
5-110 (H)
Whether the proposed change will be detrimental to the value or improvement
or development of adjacent or nearby property in accordance with existing
requirements;
5-110(l)
Whether the proposed change is out of scale with the needs of the
neighborhood or entire city;
5-110 (J)
Whether the proposed change will constitute a grant of special privilege to the
individual owner as contrasted with the adjacent or nearby neighborhood or
with the general public; and,
5-110 (K)
The extent to which the zoning decision is consistent with the current city
master plan or other local planning efforts, if any, of the city.
The Applicant certifies that he/she has read the requirements for Land Development Code Text Amendments
and has provided the required information to the best of his/her ability in a truthful and honest manner.
SiAafore of Applicant Date
Page 2 of 3
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https://www.chathamtax. org/PT/Datalets/PrintDatalet. aspx?pin=4...
2018 _
100,300
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100,300
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Sales
Sale Date Sale Sale Instrument Book - Grantor Grantee
Price Validity Page
08/18/2015 0 U GD 610-264 BURKE JAMES G JR BURKE CAROLINE L
04/17/2015 0 U QC 511-417 BURKE JAMES G III & BURKE JAMES G JR
CHRISTINA
07/31/2000 125,000 U WD 214F - 629 BURKE WILLIAM BURKE
MITCHELL JAMES,III&CHRISTINA
Land
Line Number
1
Land Type
U - UNIT
Land Code
91 - RESIDENTIAL V L
Square Feet
Acres
Influence Factor 1
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Influence Reason 1
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I. PLAT RECORD BOOK *A*. PACE 148.
2. W BOCK 2. PACE 224.
3.PLAT RECORD BOOK 4P. PACE 187.
& PLAT RECORD BOOK 411`. PAGE 37.
UTILITIES PROTECTION CENTER
CALL THREE WORKING DAYS
BEFORE YOU DIG
THROUGHOUT GEORGIA
1-800-282-7411
NOT FOR CONSTRUCTION FOR
PERMITTING PURPOSES ONLY!
TOP- 15"
IE(S):-2.29-
CAMPBELL AVENUE
W/W VARIES
SURVEY DATF-4/17/2019
IO' 5' 0 1
GRAPHIC SCALE' 1.-10'
100 NUMBER 19101
DATE 4ABI2019
DRAWN BY. JPA
CHECKED BY
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TOPOGRAPHIC
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SHEET.
STAFF REPORT
PLANNING COMMISSION MEETING: April 19,2021
CITY COUNCIL MEETING: May 13, 2021
APPLICANT: City of Tybee Island
EXISTING USE: N/A
ffox �1► s
APPLICATION: Amendment to Appendix A, Land Development Code, Section 8-060 Definitions, 8-070 Land to
which this article applies, 8-180 General Standards, 8-190 Specific Standards, 8-230 Coastal high hazard areas (V
zones).
PROPOSAL: Changes as recommended by CRS audit and State flood plain manager.
ANALYSIS: The amendments were recommended as part of our CRS audit and help us maintain our class 5 status.
Some additional changes recommended by State flood plain manager to comply with State standards after review.
STAFF FINDING
Staff recommends approval
IN
I
n
This Staff Report was prepared by George Shaw.
StOFage. see Structure.
Coastal high hazard area means an area of special flood hazard extending from offshore to the
inland limit of a primary frontal dune along an open coast and any other area subject to high velocity
wave action from storms or seismic sources. The coastal high hazard area is identified as zone VNE
on flood insurance rate maps (FIRMs).
Five Hundred Year Floodplain (the 500 -year floodplain or 0.2 percent change floodplain) means
that area, including the base floodplain, which is subject to inundation from a flood having a 0.2
percent chance of being equaled or exceeded in any given year.
Sec. 8-070. - Lands to which this article applies.
This article shall apply to all areas --I -special flood Hazapd within the jurisdiction of Tybee Island,
(1) New construction and substantial improvements of existing structures shall be anchored to
prevent flotation, collapse or lateral movement of the structure;
(2) New construction and substantial improvements of existing structures shall be constructed with
materials and utility equipment resistant to flood damage;
(3) New construction or substantial improvements of existing structures shall be constructed by
methods and practices that minimize flood damage;
(4) Elevated Buildings. All New construction or substantial improvements of existing structures that
include ANY fully enclosed area located below the lowest floor formed by foundation and other exterior
walls shall be designed so as to be an unfinished or flood resistant enclosure. The enclosure shall be
designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and
exit offloodwater. (not applicable incoastal high hazard areas).
8. Designs for complying with this requirement must either be certified by a professional
engineer or architect or meet the following [ninirnurn criteria.
1. Provide aminimum of two openings having a total net area ofnot less than one
square inch for every square foot ofenclosed area subject toflooding;
2.The bottom 0fall openings shall beRohigher than one foot above grade; and
3. Openings may be equipped with screens, louvers, valves or other coverings Or
devices provided they permit the automatic flow of floodwater in both directions.
b. SO8Snot toviolate the "lowest floor" criteria of this article, the unfinished orflood
resistant enclosure shall only be used for parking of vehicles, limited storage of maintenance
equipment used in connection with the pnenniseo, orentry tV the elevated area; and
C.The interior portion ofsuch enclosed area shall not bepartitioned urfinished into
separate rooms.
Lug
BFE and shall be designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
(6) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement.
Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to
ground anchors. This standard shall be in addition to and consistent with applicable State
requirements for resisting wind forces.
(7) New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system;
(8) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood waters;
(9) On-site waste disposal systems shall be located and constructed to avoid impairment to them
or contamination from them during flooding, and;
(10) Any alteration, repair, reconstruction or improvement to a structure, which is not compliant
extended or replaced.
In all areas of special flood hazard designated as Al -30, AE, AH, A (with estimated BFE), the
following provisions are required:
(1) New construction andlor substantial improvements. Where base flood elevation data are available,
new construction and/or substantial improvement of any structure or manufactured home shall have
the lowest floor, including basement, elevated no lower than one foot above the base flood elevation.
Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate
the unimpeded movements of flood waters shall be provided in accordance with standards of
subsection -8-180(4), "Elevated Buildings."
(2) Non-residential construction. New construction and/or the substantial improvement of any
structure located in Al -30, AE, or AH zones, may be flood -proofed in lieu of elevation. The
structure, together with attendant utility and sanitary facilities, must be designed to be water tight
to one foot above the base flood elevation, with walls substantially impermeable to the passage of
water, and structural components having the capability of resisting hydrostatic and hydrodynamic
loads and the effect of buoyancy. A registered professional engineer or architect shall certify that
the design and methods of construction are in accordance with accepted standards of practice for
meeting the provisions above, and shall provide such certification to the official as set forth above
and in subsection 8-170,(6).
(3) Standards for manufactured homes and recreational vehicles—Where base flood elevation data are
available:
a.All manufactured homes placed and/or substantially improved on: M\individual lots Or
;5xpansions to existing manufactured home parks or subdivisions, or (4) on a site in an existing
manufactured home park or subdivision where a manufactured home has incurred "substantial
damage" as the result of a flood, must have the lowest floor including basement, elevated no lower
than one foot above the base flood elevation.
b. Manufactured homes placed and/or substantially improved in an either existing
manufactured home park or subdivision may be elevated so that:
1. The lowest floor of the manufactured home is elevated no lower than one foot
above the level of the base flood elevation; or
2. The manufaGtUred herne Ghassis is elevated and suppeFted by FeinfGFGed piers
(or etheF fouRdation elements of at least an equivaleRt strength) of no less thaR 36
R n height abGveVra4e-.
c. All manufactured homes must be securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement. (ref. subsection 8-
180(6) above)
d. All recreational vehicles placed on sites must either:
1. Be on the site for fewer than 180 consecutive days;
2. Be fully licensed and ready for highway use, (a recreational vehicle is ready for
highway use if it is licensed, on its wheels or jacking system, attached to the site
only by quick disconnect type utilities and security devices, and has no
permanently attached structures or additions); or
3. The recreational vehicle must meet all the requirements for "New Construction",
including the anchoring and elevation requirements of subsections (3)a. and c.,
above.
(4) Floodway. Located within areas of special flood Hazard established in section 8-080 are areas
designated as floodway. A floodway may be an extremely hazardous area due to velocity floodwaters,
V w4aMbffa;u�ekabial. In addition, the area must remain free of encroachment in order to allow for
the discharge of the base flood without increased flood heights. Therefore, the following provisions shall
apply:
a. Encroachments are prohibited, including earthen fill, new construction, substantial
improvements or other development within the regulatory floodway. Development may be
permitted however, provided it is demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the encroachment shall
not result in any increase in flood levels or floodway widths during a base flood discharge.
A registered professional engineer must provide supporting technical data and certification
thereof.
b. Only if subsection (4)a. above is satisfied, then any new construction or substantial
improvement shall comply with all other applicable flood hazard reduction provisions of this
division.
Sec. 8-230. - Coastal high hazard areas (V -zones).
Located within the areas of special flood hazard established in Section 8-080 are areas designated as
coastal high hazard areas (V -zones). These areas have special flood hazards associated with wave action
and storm surge, therefore, the following provisions shall apply:
(1) All new construction and substantial improvements of existing structures shall be
located landward of the reach of mean high tide;
(2) All new construction and substantial improvements of existing structures shall be
elevated on piles, columns, or shear walls parallel to the flow of water so that the
bottom of the lowest supporting horizontal structural member (excluding pilings or
columns) is located no lower than one foot above the base flood elevation level. Al'
space below the lowest supporting member shall remain free of obstruction or
constructed with non -supporting breakaway walls. Open wood lattice work or
decorative screening may be permitted for aesthetic purposes only and must be
subsection below;
(3) All new construction and substantial improvements of existing structures shall b�_�
securely anchored on pilings, columns, or shear walls; and
(4) All pile and column foundations and the structures attached thereto shall be anchored
to resist flotation, collapse, and lateral movement due to the combined effects of wind
and water loads acting simultaneously on ALL building components, both (non-
structural and structural). Water loading values shall equal or exceed those of the bas..-�
flood. Wind loading values shall be in accordance with the most current edition of the
(ICC) International Building Codes.
(5) A registered professional engineer or architect shall certify that the design,
specifications and plans for construction are in compliance with the provisions
contained in subsection (2) through (4) herein.
(6) All space below the lowest horizontal supporting member must remain free of
,ei' � wL*j#ie_W6!C. w,*,rk or dec rative scre aiN be -wermitted for aesthetic
purposes only and must be designed to wash away in the event of abnormal wave action
without causing structural damage to the supporting foundation or elevated portion of the
structure. The following design specifications are allowed:
a. No solid walls shall be allowed; and
b. Material shall consist of open wood lattice or mesh screening only.
c. If aesthetic open wood lattice work or screening is utilized, any enclosed space
shall not be used for human habitation, but shall be designed to be used only for
parking of vehicles, building access, or limited storage of maintenance equipment
used in connection with the premises.
(7) Prior to construction, plans for any structures having open wood latticework or
decorative screening must be shown on the plans submitted to the city building and
zoning department for review and approval;
(8) Any alteration, repair, reconstruction or improvement to any structure shall not enclose
the space below the lowest floor except with open wood latticework or decorative
screening, as provided in this section.
(9) There shall be no fill used as structural support. Non -compacted fill may be used
�nivmrd-Um -�v&wn6teq-*f—a
wash out from storm surge, (thereby rendering the building free of obstruction) prior to
generating excessive loading forces, ramping effects, or wave deflection. The building and
zoning 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 the following factors have been fully considered:
a. Particle composition of fill material does not have a tendency for excessive
natural compaction;
b. Volume and distribution of fill will not cause wave defection to adjacent
properties; and
c. Slope of fill will not cause wave run-up or ramping.
(10) There shall be no alteration of sand dunes or mangrove stands, which would increase
potential flood damage;
dAnti -r- R -1-4-f MEW JAWC11
ed homes park or subdivision. A replaGemeRt manufaGtured home may be
plaGed E)R a lot iR aR existiRg manufaGtured home paFk or subdivision pFovided the
anGheFiRg standards of subseGt;--- Q 1 nfl"2%
STAFF REPORT
PLANNING COMMISSION MEETING: April 19,2021
CITY
• MEETING: May 13, 2021
APPLICANT: City of Tybee Island
EXISTING USE: N/A
• 1 ■
APPLICATION: Amendment to Article 7, Tree removal regulations.
PROPOSAL: To strengthen penalties for violation of this ordinance and require staff supervision when 5 or more
trees are being removed from a site.
ANALYSIS: This amendment can cause the inability to recieve future tree permits for repeat violations of this
article and can cause the inability to receive future building permits for cutting trees without a permit. Additionally
requires staff supervision for cutting 5 for more trees on a site.
STAFF FINDING
This should help deter violations of this article.
ATTACHMENTS
A. Amendment
1
This Staff Report was prepared by George Shaw.
" i ' i ' t I i i i " ' t i " : '
r i " " ' i ' r r i i r `
W H E R E A S , t h e d u l y e l e c t e d g o v e r n i n g a u t h o r i t y f o r t h e C i t y o f T y b e e I s l a n d , G e o r g i a , i s
a u t h o r i z e d u n d e r A r t i c l e 9 , S e c t i o n 2 , P a r a g r a p h 3 o f t h e C o n s t i t u t i o n o f t h e S t a t e o f G e o r g i a t o
a d o p t r e a s o n a b l e o r d i n a n c e s t o p r o t e c t a n d i m p r o v e t h e p u b l i c h e a l t h , s a f e t y , a n d w e l f a r e o f t h e
c i t i z e n s o f T y b e e I s l a n d , G e o r g i a , a n d
W H E R E A S , t h e d u l y e l e c t e d g o v e r n i n g a u t h o r i t y f o r t h e C i t y o f T y b e e I s l a n d , G e o r g i a , i s
��" r " " - _ " r " r " " g 1 j i l l - r i l r " " "
W H E R E A S , i t i s d e s i r a b l e t h a t r e q u i r e m e n t s b e e s t a b l i s h e d f o r t r e e r e m o v a l s o a s t o e n s u r e
t h a t s u f f i c i e n t t r e e s a n d v e g e t a t i o n r e m a i n o n a n y d e v e l o p e d p a r c e l o f l a n d a n d t h a t t h o s e
i n d i v i d u a l s p e r f o r m i n g t r e e r e m o v a l d o s o i n a p r o f e s s i o n a l a n d r e s p o n s i b l e m a n n e r ; a n d
W H E R E A S , i t h a s . . m p o r t a n t t o - . t h a t # ��
I s l a n d d u l y a s s e m b l e d a s f o l l o w s :
M U [ i 7 , 2 2 1
M I -.1127THIMEN!
EMM, I ME=
Any person desiring to clear land or remove trees to a density below that required in section
7-050 or remove a significant tree pursuant to this article shall apply for a building permit from
the city. See section 9-030 and Section 5-040 of this Land Development Code for requirements
and application procedure. A tree survey must be submitted before a permit can be issued.
All applications for tree removal permit approval must also include the below as well as
comply with Section 9-030 of Article IX — Building Regulations in the Land Development Code:
(1) Acknowledgment of the monitoring requirement set forth in Section 7-050 and the
consequences of failing to ensure such monitoring wbich may result in the inability to obtain
permits in the future;
(2) A statement that the applicant accepts responsibility to ensure the tree removal is
pursuant to all applicable code sections and that the applicant has informed the contractor
performing the work of the monitoring requirement and the consequences of failing to adhere
to the monitoring requirements;
iii NUINNI"I
Code "Tree Removal Regulations" Section 7-050 is hereby amended with the addition of
Subsection (E) which provides as follows:
(E) In the event or more trees, nAo tree
shall be removed unless a representative of the City is present to monitor and observe the
removal to ensure compliance with the terms of the permit application, permit and all
applicable regulations or ordinances. After receiving their tree removal permit, an owner must
give seventy-two (72) hours' notice to the City prior to removing any tree to allow the City
time to arrange for a City representative to present at the removal.
111,10111111 !111019111 33x 1
liv ligisis r, 11 l �; r- I I-aw
Code "Tree Removal Regulations" Section 7-090 is hereby amended with the addition of
(D) Any person who has been adjudged to have violated previous tree removal permits two
or more times within three years may be denied future tree removal permit pursuant to Section 7-
040 or any other per Mlit under the Land Development Code foLIM12 3_years and may further be
subject to additional restrictions or requirements for any future permit issued.
ees without q_pg1pAt for
er or contractor, and in addition to all other
r a
period of 2 years from the date of conviction(s) for the qnPermitted removal. The Mayor and
Council may allow a -oermit in cases of extreme hardship onlyinjotwithstandi
u7n, nNOMPAKI"g, ag ZU1 a,
11 11•11!Pi
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�,�121TMVAM IT 3MMMM
Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
This Ordinance shall become effective on day of 12021.
ADOPTED THIS DAY OF 2021.
4822-1645-1803.1