HomeMy Public PortalAbout20210527Packet.pdfMAYOR CITY MANAGER
Shirley Sessions Dr. Shawn Gillen
CITY COUNCIL CLERK OF COUNCIL
Barry Brown, Mayor Pro Tem Jan LeViner
John Branigin
Jay Burke CITY ATTORNEY
Nancy DeVetter Edward M. Hughes
Spec Hosti
Monty Parks
CITY OF TYBEE ISLAND
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
A G E N D A
REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL
May 27, 2021 at 6:30 PM
Please silence all cell phones during Council Meetings
Consideration of Items for Consent Agenda 6:30PM
Opening Ceremonies
Call to Order
Invocation
Pledge of Allegiance
Announcements
Recognitions and Proclamations
1. Janice Elliott, President, American Legion Auxiliary, ALA, Unit 154, National Poppy Day,
May 28, 2021
Consideration of the approval of the minutes of the meetings of the Tybee island City Council
2. Minutes, May 13, 2021, City Council Meeting
Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 5
minutes.
3. Sarah Jones, Tybee Island Historical Society
4. Peter Gulbronson, Departmental Report, DPW
5. Pete Ryerson, Departmental Report, Parking
If there is anyone wishing to speak to anything on the agenda, please come forward. Please
limit your comments to 3 minutes.
Consideration of Approval of Consent Agenda
Consideration of Bids, Contracts, Agreements and Expenditures
6. Out-of-State Travel, Tybee Island Police Department
Lt. Randolph, Public Information Officer Training, Clearwater Beach, FL: August 28 -
September 2, 2021
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Major Fobes, PERF, Orlando, FL: July 31 - August 19, 2021 (previously approved but
change of venue from Boston to Orlando)
Major Fobes, International Association of Chiefs of Police, New Orleans, LA: September
10 - 15, 2021.
7. Falcon Fireworks Contract
Ordinance Recommendations from Code Review Committee
8. Licenses, Permits, Chapter 34, Sec 34-1 through Sec 34-28
9. Taxation, Chapter 58
10. 2021-20, Business Licensing and Revocations
Consideration of Ordinances, Resolutions
11. Confirmation, Ratification of Wording, 2021-05 Noise, Article 4, Chapter 24
12. Second Reading, 2021-16 Municipal Court, Sec 38
13. Second Reading, 2021-19, Flood, Sec 8-060 - 8-230
Council, Officials and City Attorney Considerations and Comments
14. Shirley Sessions: Marker for JC Park Softball Field
15. Jay Burke: STVR - ADA Access Requirement
16. Nancy DeVetter: Increase in STVR Application Fee - FOR DISCUSSION ONLY
17. Monty Parks: Raising Alcohol License Renewal Fee
18. Shawn Gillen:
Four-way Permanent Stop Sign at 17th and Butler
Extend non-smoking ban from 14th - 16th Streets
Traffic Controls in 14th Street Lot
Executive Session
Discuss litigation, personnel and real estate
Possible vote on litigation, personnel and real estate discussed in executive session
Adjournment
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.
*PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings, should do so during the
citizens to be heard section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to
the City Clerk’s office by Thursday at 5:00PM prior to the next scheduled meeting. Agenda request forms are available outside the
Clerk’s office at City Hall and at www.cityoftybee.org.
THE VISION OF THE CITY OF TYBEE ISLAND
“is to make Tybee Island the premier beach community in which to live, work, and play.”
THE MISSION OF THE CITY OF TYBEE ISLAND
“is to provide a safe, secure and sustainable environment by delivering superior services through responsible
planning, preservation of our natural and historic resources, and partnership with our community to ensure
economic opportunity, a vibrant quality of life, and a thriving future.”
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
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File Attachments for Item:
1. Janice Elliott, President, American Legion Auxiliary, ALA, Unit 154, National Poppy Day, May
28, 2021
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CITY OF TYBEE ISLAND
PROCLAMATION
Expressing support for the designation of May 28, 2021, as National Poppy Day on Tybee Island
and recognizing the important of honoring those who have worn our nation’s uniform; and
WHEREAS, poppies are worn and displayed as a symbolic tribute to our fallen and the future of
living veterans and service members; and
WHEREAS, at the end of World War I, The American Legion adopted the poppy as a symbol of
freedom and the blood sacrificed by troops in wartimes. The symbolic use of the poppy comes
from the poem In Flanders Fields, which movingly begins, “In Flanders Fields the poppies blow,
between the crosses, row on row, “ referring to the poppies that sprang up in the churned-up
earth of newly dug soldiers’ graves over parts of Belgium and France; and
WHEREAS, The American Legion family has long utilized the red poppy as its official flower,
symbolizing the blood shed by those who have served in our U.S. military and it is fitting that as
The American Legion approaches its 100th anniversary, they expand the meaning and symbolism
of the poppy, mirroring the manner in which the poppy is symbolically showcased in England and
Canada in celebratory fashion on their Remembrance Day, also known as Armistice Day and
Poppy Day; and
WHEREAS, wearing a poppy will unite citizens from across the country who decide to show their
patriotism; and
WHEREAS, May 28, 2021 would be an appropriate date to designate as National Poppy Day;
NOW THEREFORE, I Shirley Sessions, Mayor and City Council members of the City of Tybee
Island do hereby proclaim May 28, 2021 as National Poppy Day and urge all citizens, residents
and visitors on Tybee Island to join in observing this day of honor to every service member who
has died in the name of liberty, freedom and democracy while also showing their support for
living veterans, service members and their families.
IN WITNESS THEREFORE, I hereby set my hand and cause the Seal of the City of Tybee Island
to affixed this 28th Day of May 2021
______________________
Shirley Sessions, Mayor
City of Tybee Island
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File Attachments for Item:
2. Minutes, May 13, 2021, City Council Meeting
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ity Council Minutes, May 13, 2021
Consideration of Items for Consent Agenda
Mayor Sessions called the Consent Agenda to order at 6:30PM. Those present were Jay Burke,
Monty Parks, John Branigin, Barry Brown, Nancy DeVetter and Spec Hosti. Also attending were
Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; Tracy O’Connell, Assistant City
Attorney; George Shaw, Director, Community Development; and Lisa Schaaf. Jan LeViner, Clerk
of Council was excused due to attending a conference.
Mayor Sessions listed the following items on the consent agenda:
Minutes, City Council Meeting, April 22, 2021 as amended
Minutes, Special City Council Meeting, May 6, 2021
GMC Contract, Storm-water Proposal
Passport Addendum
Memorandum of Agreement, Info Hut Partnership
Mayor Sessions called the regular meeting to order. All those present for the consent agenda
were present.
Opening Ceremonies
Call to Order
Invocation: Rev. Sue Jackson, Trinity Methodist Church
Pledge of Allegiance
Recognitions and Proclamations
Janice Elliott, President, American Legion Auxiliary, ALA, Unit 154, National Poppy
Day, May 28, 2021. Will be presented on May 27, 2021.
Citizens to be Heard
Patricia Leiby approached Mayor and Council to speak to the Historical Markers for Wade-
in that occurred in the 1960’s. Ms. Leiby is before Mayor and Council this evening representing
the MLK Human Rights Organization and is asking for the City to partner, co-sponsor, the Wade-
in Marker which is part of the City’s Resolution promoting justice and equity. Mayor Sessions
thanked Ms. Leiby.
Allen Lewis approached Mayor and Council to speak to the Wade-in’s on Tybee Island and to
requested the City Co-sponsor a Grant. Mr. Lewis stated the MLK Organization is a sponsor
and now asking the City to be a co-sponsor. The co-sponsor’s share of the cost of the Marker is
$25.00 and the State of Georgia pays the remaining. This Marker will be installed at the Walter
Parker Pier. Mayor Sessions thanked Mr. Lewis for his presentation. Mr. Parks expressed his
concerns with the potential wording on the marker and asked Mr. Lewis if Mayor and Council will
have final approval of the wording. Mr. Lewis responded, Georgia Historical Society is responsible
for the language and the City will not have input unless it relates to an incorrect date.
Monty Parks made a motion to approve the consent agenda. John Branigin seconded. Vote
was unanimous to approve, 6-0.
Public Hearings
Text Amendment to Flood Ordinance. George Shaw approached Mayor and Council. Mr.
Shaw stated what is before Mayor and Council are changes to the Flood Ordinance due to a CRS
review in the fall of 2020. They made recommendations for changes to the current ordinance.
- Page 7 -Item #2.
This was heard by the Planning Commission and approved the changes unanimously. Mayor pro-
tem Brown asked Mr. Shaw to state the changes. Mr. Shaw responded among the changes are
two definition changes as recommended by the State Flood Plain Coordinator: (1) definition of
coastal high-water hazard and (2) definition of the 500-year flood plain. For clarification, Mr.
Shaw referred to existing mobile homes as the changes will not affect them, only new mobile
homes. Mr. Hughes stated mobile homes, with the new definition, refers to manufactured homes
as well. Mayor Sessions asked Mr. Shaw to explain how Tybee benefits from participating in the
FEMA Flood Program and how it impacts the flood insurance. Mr. Shaw responded the CRS is
how the City gains the benefit, the community rating system. The City is currently a Class 5
which is a 25% reduction off the flood insurance rate. Monty Parks made a motion to approve.
Spec Hosti seconded. Vote was unanimous to approve, 6-0.
Consideration of Bids, Contracts, Agreements and Expenditures
Water/Sewer Utility Rate: Proposed Rate Structure. Jen Amerell approached Mayor and
Council. Ms. Amerell stated over the last few months, Mayor and Council have been provided
changes to the current rate structure of the water and sewer rates. Feedback has been received
from residents to, Dr. Gillen and herself. The biggest and most significant changes are the City
is proposing to reduce and simplify the number of fixed rates classes. The City is eliminating the
$0 charge for usage; establishing a uniform 5,000 gallon usage tier; establish a peak season from
June 1st to August 31st; and introducing a 25% premium for usage over 10,000 gallons during the
peak season. Ms. DeVetter confirmed the rate structure would be included in future utility bills
to insure residents understand the changes. Spec Hosti made a motion to approve. John
Branigin seconded. Discussion: Ms. DeVetter asked about continuing education to the
residents. Ms. Amerell stated she is open to all recommendations as the new rate structure would
not go into effect until August 1, 2021. Mayor Sessions asked the new structure be included on
the website to include projects that will be funded by the increase. Dr. Gillen confirmed. Mayor
pro-tem Brown expressed his concerns regarding charging Short Term Vacation Rentals (STVR’s)
a higher rate for their water/sewer usage. Mayor pro-tem Brown recommended STVR’s have a
higher rate for usage year-round as they impact the overall withdrawal. Mr. Hughes responded
he will research. Mayor pro-tem Brown stated STVR’s require commercial licensing and insurance
therefore they should have to pay a commercial rate for water and sewer. Dr. Gillen
recommended moving forward as presented and then determine if STVR’s should be charged a
higher rate, residential vs. commercial. Mr. Hosti asked Ms. Amerell to explain why the City is
recommending a new rate structure for water and sewer. Ms. Amerell responded there are two
factors that are involved: (1) the City has not had a rate increase or change in many years and
(2) there are many capital projects that are in dire need of attention, therefore with the new rate
structure, these projects can take place. Mr. Branigin called for a question. Spec Hosti
seconded. Mr. Branigin withdrew his Call for a Question so Ms. DeVetter could ask her question.
Ms. DeVetter stated she liked the presentation on the utility bill as it explained why there is an
increase. She asked there be additional language to address a resident only using 3,000 gallons.
Voting in favor were Jay Burke, Monty Parks, John Branigin, Nancy DeVetter and Spec Hosti.
Voting against was Barry Brown. Motion carried to approve, 5-1. Discussion: Mayor pro-tem
Brown asked Mr. Hughes how soon commercial rates for STVR’s can be addressed. Mr. Hughes
responded if Mayor and Council would like to amend the STVR Ordinance to add the provision
(commercial rate) that can be done prior to the new rate structure taking effect on August 1,
2021. Mayor pro-tem Brown stated he will add it to the agenda for the next City Council Meeting.
Georgia Historical Society, Grant Application to the Georgia Historical Society for the
Wade-in historical marker. Mr. Hughes stated Mayor and Council cannot approve this
request if it is going on the Walter Parker Pier as that is county property. Also it depends where
it is actually going to be placed. Mr. Branigin clarified Mayor and Council are being asked to
- Page 8 -Item #2.
approve the City being a co-sponsor for the Historical Marker. Mr. Hughes and Ms. DeVetter
confirmed this is for co-sponsorship only. Mr. Parks stated the Chair, Chatham County
Commission, has approved the Marker. Ms. Leiby confirmed the location of the Marker as it is
not on Tybee property. Spec Hosti made motion to approve the co-sponsorship of the Historical
Marker on county property. Monty Parks seconded. Discussion: Mayor pro-tem Brown
asked for clarification as to if DNR has been contacted. Mr. Hughes responded, DNR is an arm
of the State and they have approved the Marker. Vote was unanimous to approve, 6-0.
Consideration of Ordinances, Resolution
First Reading, 2021-18, Chapter 42-67, Marijuana. To be heard at future City Council
Meeting.
Council, Officials and City Attorney Considerations and Comments
Barry Brown: GMA Retirement Update. Mayor pro-tem Brown asked for a motion to
increase the retirement contribution from $20.00 per year to $25.00 per year. Dr. Gillen
confirmed and he will reach out to GMA. Barry Brown made a motion to increase contribution
from $20.00 to $25.00 per year. Monty Parks seconded. Voting in favor were Jay Burke, Monty
Parks, John Branigin, Barry Brown and Spec Hosti. Voting against was Nancy DeVetter. Vote to
increase the contribution was approved, 5-1.
Monty Parks stated he would like to follow-up on questions on the Marine Science Center.
Mr. Parks did send a list and he is directing his questions to Dr. Gillen and Mr. Hughes.
Have we assigned a single point of contact? Response: Dr. Gillen, yes, Peter Gulbronson
Has there been a meeting between the POC (Gulbronson) and MPOC (Sakas)?
Response: Dr. Gillen, yes.
Has there been conversations with West to be the contractor? Response: Mr. Hughes
stated he spoke to West Construction and they are willing to work with the City for
whatever we need to complete the facility.
Does the City has the list of what needs to be done so the facility can open? Response:
Dr. Gillen responded in the affirmative. He further stated there are two different things
going on: (1) Punch List and (2) List of things that need to be done to the building as
there are issues which are outside the original scope of the contract. Mr. Parks asked Mr.
Hughes if a motion is needed to have West Construction move forward with the second
list. Mr. Hughes stated he prefers, if the City can get the scope of services, to have West
Construction do the remaining work.
Has the walk through be done comparing as it is today with the as-built drawings?
Response: Dr. Gillen confirmed as it was done prior to this week.
Have the necessary permits been worked on to bring the ramp, shed and other
unpermitted work up to date? Response: Dr. Gillen stated there were no permits pulled
and there are no permits being issued for those items as they have been inspected and
have satisfactory inspections.
A tree was removed, unpermitted, has the fine been paid? Response: Dr. Gillen stated
this will be heard by the Court on June 22, 2021.
Is there a plan for the landscaping out front as previously discussed? Response: Dr.
Gillen stated they met today and going to engage a landscape architect, local, and should
have a design soon.
Hole that was dug for the whale and now surrounded by parking barriers, does the City
do the installation of the whale? Response: Dr. Gillen stated that is a question that
remains unanswered and yet to be determined. Mr. Hosti stated the gentleman that
designed the whale is installing.
- Page 9 -Item #2.
�� I s t h e r e a p l a n t o m a k e t h e p l a y g r o u n d s a f e a n d u s a b l e ? R E S P O N S E : D r . G i l l e n
c o n f i r m e d . H e c o n t i n u e d t h e r e n e e d s t o b e a f e n c e a s w e l l a s a f e n c e a r o u n d t h e r e t e n t i o n
p o n d . M a y o r p r o - t e m B r o w n s t a t e d t h e C i t y n e e d s t o c o n c e n t r a t e o n t h e p o w e r i s s u e t o
t h e b u i l d i n g ; t h e p l a n t e r b y t h e s i d e w a l k f o r p u b l i c s a f e t y ; a n d w h a t g o e s i n t h e b u i l d i n g .
�� H a s a b u d g e t f i g u r e b e e n i n c l u d e d i n t h e F Y 2 2 b u d g e t ? R E S P O N S E : D r . G i l l e n r e s p o n d e d
n o , t h e r e i s n o t h i n g s p e c i f i c f o r t h e b u i l d i n g .
M a y o r S e s s i o n s a s k e d D r . G i l l e n , o n a p r o j e c t t h i s b i g , d o e s t h e C i t y h a v e a n o n g o i n g l i s t o f i t e m s
t h a t t h e C i t y i s s p e n d i n g m o n e y , Y T D ? D r . G i l l e n s t a t e d h e d i d s e n d a n e m a i l s h o w i n g t h e f u l l
a c c o u n t i n g o f t h e p r o j e c t f u n d . M a y o r S e s s i o n s s t a t e d h e r c o n c e r n s w i t h t h e a d d i t i o n a l f u n d i n g
o f t h e M a r i n e S c i e n c e C e n t e r . S h e w o u l d a l s o l i k e a s t a t e m e n t o f t h e f u n d s t h e F o u n d a t i o n h a s
r a i s e d . M r . H u g h e s c o n f i r m e d a s t h i s i s w o r k i n p r o g r e s s a n d h e f e e l s s u r e w e c a n o b t a i n a
f i n a n c i a l s t a t e m e n t . M r . P a r k s s t a t e d h i s m a i n c o n c e r n i s t o h a v e t h e M a r i n e S c i e n c e C e n t e r u p
a n d r u n n i n g . M a y o r S e s s i o n s c o m p l i m e n t s M r . G u l b r o n s o n f o r h i s c o m m u n i c a t i o n s r e g a r d i n g t h e
M a r i n e S c i e n c e C e n t e r . S h e a l s o t h a n k e d M r . P a r k s f o r h i s q u e s t i o n s a s t h i s k e e p s t h e p u b l i c
a w a r e o f t h e p r o g r e s s . D r . G i l l e n s t a t e d t h e r e i s a p p r o x i m a t e l y $ 1 8 4 , 0 0 0 l e f t i n t h e c o n s t r u c t i o n
f u n d w h i c h i s a l l M a y o r a n d C o u n c i l h a v e a u t h o r i z e d h i m t o s p e n d o n t h e b u i l d i n g . T h i s n e e d s t o
b e s p e n t o n t h e o r i g i n a l s c o p e o f t h e b u i l d i n g a s w e l l .
S p e c H o s t i m a d e a m o t i o n t o a d j o u r n t o E x e c u t i v e S e s s i o n . B a r r y B r o w n s e c o n d e d . V o t e w a s
u n a n i m o u s t o a p p r o v e , 6 - 0 .
J o h n B r a n i g i n m a d e a m o t i o n t o r e t u r n t o r e g u l a r s e s s i o n . B a r r y B r o w n s e c o n d e d . V o t e w a s
u n a n i m o u s t o a p p r o v e , 6 - 0 .
M o n t y P a r k s m a d e a m o t i o n t o a d j o u r n . S p e c H o s t i s e c o n d e d . V o t e w a s u n a n i m o u s t o
a d j o u r n , 6 - 0 .
M e e t i n g a d j o u r n e d a t 9 : 1 0 P M .
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
J a n e t R . L e V i n e r , M M C
C l e r k
- P a g e 1 0 - I t e m # 2 .
File Attachments for Item:
4. Peter Gulbronson, Departmental Report, DPW
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File Attachments for Item:
5. Pete Ryerson, Departmental Report, Parking
- Page 40 -Item #5.
PARKING SERVICES
FY 2021
JANUARY TO MAY
- Page 41 -Item #5.
PAY & DISPLAY
METERS & APP
O TOTAL REVENUE
CITY WIDE
JANUARY –TO DATE
P&D $1,095,023
APP $695,657
$1,790,680
- Page 42 -Item #5.
DECAL SALES
JANUARY TO CURRENT
TRANSFERABLE DECALS 133 $28,800
DECAL SALES $131,955
- Page 43 -Item #5.
PAID CITATIONS
$52,087
CURRENT YEAR TO DATE
COLLECTED TO DATE
- Page 44 -Item #5.
PAY BY PHONE APP
COIN USAGE BELOW 10%
- Page 45 -Item #5.
NEW OFFICES
MOVING SOON TO A LOCATION NEAR TO YOU
- Page 46 -Item #5.
KIOSK UPGRADES
FROM 3G TO 4G
- Page 47 -Item #5.
SIGNAGE
O UPGRADES IN PROGRESS
- Page 48 -Item #5.
PARKING STAFF
O 2 FULL TIME EMPLOYEES
4 FULL/PART TIME EMPLOYEES
3 SEASONAL EMPLOYEES
CURRENTLY INTERVIEWING NEW STAFF
PARKING SERVICES USES HIGH VISIBILITY PASSIVE ENFORCEMENT
OUR GOAL IS TO INTERACT WITH CUSTOMERS AND PROVIDE
POSTIVE PARKING AWARENESS
- Page 49 -Item #5.
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File Attachments for Item:
7. Falcon Fireworks Contract
- Page 51 -Item #7.
CONTRACT
Agreement made this day May 8, 2021 , by and between Falcon Fireworks,
Whose address is 3411 Courthouse Road, Guyton, GA31312, and:
(herein after “sponsor”).
The city of Tybee Island
P.O. Box 2749
403 Butler Avenue
Tybee Island, GA 31328
Whereas, Falcon Fireworks sells fireworks and conducts exhibitions of it’s
products; and Whereas, sponsor wishes to purchase fireworks from Falcon
fireworks and Falcon Fireworks wishes to sell fireworks to sponsor. Whereas
sponsor wishes to retain the services of Falcon Fireworks as sole fireworks
supplier and producer to conduct an exhibition of the fireworks purchased from
Falcon Fireworks; Now therefore, in consideration of the terms, conditions and
covenants hereinafter set forth, the parties hereto do mutually agree as follows:
1. Date and Location: Falcon fireworks shall sell and sponsor shall purchase
the fireworks as set forth on the proposal previously submitted and made a
part hereof (“Firework”) for delivery by Falcon Fireworks on 7-04-21
to the following location: The Chatham County Pier____
2. Exhibition: On the delivery date specified in Paragraph 1, Falcon
Fireworks shall set-up, staff and conduct an exhibition of the fireworks at
the exhibition location. The display will be under the direct supervision of
a Falcon Fireworks trained technician. It is agreed that Falcon Fireworks
shall be the sole fireworks supplier and producer for the event contracted
for herein.
3. Cost and Payments: A. Sale price for fireworks, including delivery to
exhibition location: B. Service price for exhibition, including insurance,
display service and transportation:
Total Agreement Price $19,999.00.
The total sum of $19,999.00 shall be due and payable as follows:
a. The sum of $10,000.00 upon execution and delivery of this
contract.
b. The balance of the total sales $9,999.00 which includes $185.00
For Probate permits and fees that are applied to this sale shall not
be paid later than the day of the exhibition. It is acceptable for the
sponsor to pay the lead technician at the display site, after the
exhibition.
- Page 52 -Item #7.
4. Inclement Weather: If the delivery and/or exhibition of the
fireworks is postponed by reason of inclement weather, same shall
rescheduled to the Inclement Weather date set forth below, in which event
a rescheduling charge in the amount equal to 15% of the contract price
shall be added to the balance due to cover additional expenses incurred by
Falcon Fireworks. Any request made by the sponsor for rescheduling shall
be received by Falcon Fireworks not later than 9:00AM on the fireworks
delivery date. Inclement Weather Date N/A.
5. Sponsor’s Agent: Shawn Gillenshall be designated as sponsor’s agent,.
Sponsor’s agent shall relay all questions and inquires. Sponsor’s agent
shall be the only agent of sponsor authorized to request rescheduling of the
delivery and exhibition of the fireworks on the part of the sponsor.
6. Materials and Delivery: Falcon Fireworks shall deliver all fireworks
materials purchased by sponsor to the display site only.
7. Security: Sponsor shall provide and maintain before, during, and after
the exhibition, until the pyrotechnician in charge declares the area clear,
security lines, police protection, snow fencing, rope barricades and lines as
deemed necessary by the local government or as deemed necessary by
Falcon Fireworks. Sponsor shall also provide an area clear of any
buildings, cars, and spectators with a minimum radius of 450 feet (as
specified by NFPA code 1123) as a Fire Safety Zone (FSZ) during the
entire period commencing from the time the fireworks are delivered to the
site until after the exhibition. Falcon Fireworks shall not be responsible for
personal injury, vehicle or property damage occurring within the FSZ as a
result of the failure of the sponsor to maintain the afore mentioned FSZ.
Sponsor acknowledges and agrees that Falcon Fireworks responsibilities
are limited to the sale and exhibition of the fireworks and that Falcon
Fireworks is relying on the sponsor to maintain the afore mentioned FSZ
and to comply with all Federal, State, Municipal and local laws, orders,
regulations and ordinances pertaining to the implementation of security
measures at the site of the exhibition of fireworks.
8. Credits: As a material inducement to Falcon Fireworks agreeing to enter
in to this agreement, sponsor shall give Falcon Fireworks program credit
as sole fireworks supplier and producer in all press releases, advertising,
and any other program announcements, printed or otherwise.
9. Inability to Deliver or Conduct Exhibition: If Falcon Fireworks
shall be unable to deliver all or any part of the fireworks contracted here
under at the time specified in or shall be unable to conduct the exhibition
of the fireworks (if applicable) due to public emergency or necessity, legal
- Page 53 -Item #7.
restrictions, labor disputes, strikes, boycotts, acts of God (weather or not
such acts of God have occurred frequently or habitually or are of a
common or seasonal occurrence in the locality of such exhibition) or for
any other reason beyond Falcon Fireworks’ control, Falcon Fireworks
shall be entitled to the full contract price (100%).
10. Temporary Discontinuance During Exhibition: Any temporary
discontinuance during the discharge of fireworks shall not constitute a
breach by Falcon Fireworks of the terms of this contract.
11. Contract Subject to Government Regulation: This contract and
Falcon Fireworks obligation her under are subject to all governing
Federal, State, Municipal, and local laws, rules, ordinances, codes, and
regulations, now or hereinafter in effect, and to the conditions and
limitations contained in the permits required to be obtained by sponsor
prior to the delivery and exhibition of the fireworks. In the event any
Federal, State, Municipal, and local laws, rules, regulation or ordinance
shall be enacted which in any way prohibits, limits, or restricts the sale,
performance or operation of the exhibition of the fireworks described
herein or in the event sponsor’s permit in any way limits or restricts the
sale, performance, or operation of said exhibition, Falcon Fireworks shall
limit or restrict its performance or exhibition of the fireworks and or
substitute such equivalent fireworks so as to comply with such law, rule,
regulation or ordinance of sponsor’s permit. Sponsor acknowledges any
such limit or restriction placed on the performance or operation of the
fireworks exhibition, or any substitution of different fireworks by Falcon
Fireworks shall in no way result in or entitle sponsor to a reduction or an
abatement in the full contract price.
12. General Provisions: Falcon Fireworks shall not be liable for weather
or atmospheric conditions in which interfere with or delay the
performance or aesthetic quality of the fireworks. This agreement
constitutes the entire agreement between the parties relating to the subject
matter thereof, and may not be changed, modified, renewed, or extended
except by a written agreement signed by both parties, sponsor
acknowledges and agrees that Falcon Fireworks has not made any
representations or warranties except other than those set forth specifically
in this contract. Sponsor will be responsible for the payment of all
governmental fees and taxes, including but not limited to sales, use,
excise, license, permit, entertainment. And other fees, taxes or surcharges
imposed or otherwise applied to this exhibition. Should any clause,
section, or part of this agreement be held or declared to be void or illegal
- Page 54 -Item #7.
for any reason, all other clauses, sections, or parts of this agreement which
can be effected without such illegal clause, section or part shall never the
less continue in full force. Sponsor is responsible for removal of all debris
associated with the fireworks. Once the contract is signed and the program
is then cancelled by the sponsor for any reason other than inclement
weather, the full contract price of the program (100%) shall be due and
payable immediately, however, a credit allowance will be made for up to
one year to allow rescheduling of event by sponsor. Falcon Fireworks
agrees to procure liability insurance and to indemnify sponsor, to the
extent thereof, for all claims arising out of Falcon Fireworks negligence.
13. Sponsor’s Default: In the event sponsor shall fail to pay any sum when
due under the terms of this contract, sponsor shall pay in addition to such
amount, interest at a rate of 1.5% per month on the unpaid amount from
the original due date. Sponsor does further agree that it shall pay Falcon
Fireworks’ reasonable attorney fees and court costs in the event Falcon
Fireworks shall commence suit or incur fees to compel sponsor to pay any
sums due her under or otherwise as a result of sponsor’s default of any of
the terms and provisions herein contained.
14. Liquidated Damages: It is agreed by and between the parties hereto
that in the event of the sponsor’s default hereunder, Falcon Fireworks’
damage s shall be impossible to fix. Accordingly as a material inducement
to Falcon Fireworks in agreeing to enter into this agreement, Sponsor
agrees in the event of its default at the option of Falcon Fireworks the
entire purchase price shall be and become immediately due and payable.
15. Substitutions: Falcon Fireworks shall have the right at its discretion to
substitute any fireworks it deems necessary. Any substitutions shall in no
way result or entitle sponsor to a reduction or in abatement in the full
contract price.
16. Disputes: This agreement shall be interpreted in accordance with and of
the rights of the parties here to shall be determined by the laws of the state
of Georgia. Any and all disputes, controversies, actions, claims, or
proceedings arising under, out of, or in connection with or relating to the
terms of this contract shall be commenced and maintained solely in the
state of Georgia, and by signing of this contract all parties submit to the
jurisdiction of the courts of the state of Georgia.
17. Binding Effect: This contract shall not be binding on Falcon Fireworks
until executed by sponsor and Falcon Fireworks and Falcon Fireworks is
in receipt of the deposit required hereunder.
- Page 55 -Item #7.
18. Contract Length: This contract is 5 pages long and sponsor’s
agent shall be aware of such.
Sponsor’s Authorized Agent
Print Name
Title
Falcon Fireworks Representative
- Page 56 -Item #7.
File Attachments for Item:
8. Licenses, Permits, Chapter 34, Sec 34-1 through Sec 34-28
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File Attachments for Item:
9. Taxation, Chapter 58
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File Attachments for Item:
10. 2021-20, Business Licensing and Revocations
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4.20.21 - Ordinance clarify Code of Ordinances
ORDINANCE NO.: 2021-20
AN ORDINANCE TO CLARIFY THE CODE OF ORDINANCES AND THE
PROVISIONS DEALING WITH PERMITS, LICENSING OR ANY
PERMISSION AUTHORIZED UNDER THE CODE SO AS TO PROVIDE FOR
THE REVOCATION OF ANY SUCH PERMIT, LICENSE, CERTIFICATE OR
AUTHORIZATION WHATSOEVER UPON FINDING OF NON-
COMPLIANCE WITH REPRESENTATIONS IN APPLICATIONS
CONTAINED IN DOCUMENTS SUBMITTED TO THE CITY AND/OR THE
CONDUCT ASSOCIATED WITH THE AUTHORIZED OPERATION
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of
the State of Georgia to adopt reasonable ordinances to protect and improve the public
health, safety, and welfare of the citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its
police and home rule powers; and
WHEREAS, it is paramount importance to the public welfare, health, and
safety that activities be conducted in accordance with not only the terms of any
applicable permit, license, certificate, or authorization but also with any other
applicable City regulations; and
WHEREAS, to ensure compliance it is important for the City to have the
ability to punish infractions including suspension or revocation of any permit,
license, certificate, or other authorization after fair notice and hearing;
- Page 117 -Item #10.
NOW THEREFORE, let it be ordained that notwithstanding any other
provision of the Code of Ordinances, any authorization, license, or permit granted
by the City specifically to include entertainment licenses, alcohol licenses, short
term vacation rental authorizations, business permits, tax certificates, occupational
tax certificates, and special event permits are subject to the following:
SECTION I
Upon a finding by City officials that probable cause exists to believe that an
operation is, was conducted or planned to be conducted inconsistently with the
governing permit, license, certificate, or authorization or beyond the scope of any
permit (business, filer, special event), license (entertainment, alcohol, business),
certificate (tax, occupational tax) or authorization (short term vacation rental)
whatsoever, the Mayor and City Council may issue a show cause order requiring
the individual, entity, partnership, corporation, limited liability company or any
organization conducting the operation (“Operator”) to show cause why the permit,
license, certificate, or authorization should not be revoked due to the failure or
planned failure to operate according to the terms of the authorization granted.
The Operator shall be notified by certified mail return receipt requested to
appear before the Mayor and City Council on a date and time certain and show cause
why the permit, license, certificate, or authorization should not be revoked,
suspended or modified. The Operator may appear in person at such hearing or be
represented by counsel. The Operator may submit any evidence or testimony bearing
- Page 118 -Item #10.
on the alleged violation. At the conclusion of the hearing, Mayor and City Council,
based upon the evidence submitted at such hearing, shall take such action as
necessary to redress any substantiated violation or any planned violation including
but not limited to suspension or revocation of the permit, license, certificate, or
authorization.
SECTION II
All ordinances and parts of ordinances in conflict herewith are expressly
repealed.
SECTION III
It is the intention of the governing body, and it is hereby ordained, that the
provisions of this ordinance shall become effective and be made a part of the Code
of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may
be renumbered to accomplish such intention.
SECTION IV
This ordinance shall be effective upon its adoption by the Mayor and Council
pursuant to The Code of the City of Tybee Island, Georgia.
This Ordinance shall become effective on ________ day of________, 2021.
ADOPTED THIS ____ DAY OF _________________, 2021.
______________________________
MAYOR
ATTEST:
- Page 119 -Item #10.
_______________________
CLERK OF COUNCIL
FIRST READING: __________
SECOND READING: _________
ENACTED:_________
- Page 120 -Item #10.
File Attachments for Item:
11. Confirmation, Ratification of Wording, 2021-05 Noise, Article 4, Chapter 24
- Page 121 -Item #11.
5.19.21 FINAL – Ordinance to Amend Code RE Noise
ORDINANCE NO. 2021-05
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF TYBEE
ISLAND SO AS TO REVISE PROVISIONS ADDRESSING PROHIBITED NOISE THAT IS
UNREASONABLY LOUD, RAUCOUS, JARRING, DISTURBING OR A NUISANCE
WITHIN THE AREA OF AUDIBILITY AND TO REPEAL INCONSISTENT OR
CONFLICTING ORDINANCES AND TO ELIMINATE PROVISIONS REGARDING
DECIBEL LEVELS FOR THE CONTROL OR MEASUREMENT OF NOISE IN CERTAIN
AREAS AND SUBSTITUTING IN LIEU THEREOF A STANDARD OF PLAINLY
AUDIBLE FROM A SPECIFIED DISTANCE FOR DETERMINATIONS OF OFFENSIVE OR
PROHIBITED NOISE AND TO RECOGNIZE THE ADOPTION OF CIVIL PENALTIES FOR
OFFENSES INCLUDING PROHIBITED NOISE, FOR THE REPEAL OF CONFLICTING
ORDINANCES, TO ESTABLISH AN EFFECTIVE DATE AND TO AUTHORIZE THE
ENFORCEMENT THEREOF
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to
adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the
citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its police and home
rule powers; and
WHEREAS, the control of sound and sound making devices which produce noise at levels
that are unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of
audibility is necessary for the peace and wellbeing of residents and visitors to the City; and
WHEREAS, Tybee Island is unique in the location of business establishments, a county
pier where events are conducted and residential dwellings that coexist in close proximity to
commercial establishments that provide gatherings, music and other sources of sound; and
- Page 122 -Item #11.
WHEREAS, wind directions and wind speed can have significant impacts on the
distribution of sounds; and
WHEREAS, in order to permit commercial operations including restaurants and
entertainment locations to properly monitor their own sound levels and to determine when they
are or may be potentially in violation of the noise ordinance, it is advisable to have a decibel
standard in commercial and similar zones; and
WHEREAS, the City of Tybee Island has for in excess of 15 years explored alternative
methods of addressing noise, noise complaints, disorderly behavior in various residential and other
areas; and
WHEREAS, the City has attempted to improve the peace, tranquility and health and safety
of residents and occupants of residential dwellings by controlling or limiting unreasonably loud
noises through sound level controls based on decibel levels and in the opinion of many, the efforts
have not been as successful in residential areas as desired; and
WHEREAS, court decisions upholding the constitutionality of the restrictions on noise and
noise producing activity where doing so creates "plainly audible" disturbances to occupants of
nearby properties have been recognized and resulted in successful prohibitions and prosecutions;
and
WHEREAS, the City of Tybee Island has adopted several zoning districts and it is the
intention herein that all districts be the subject of sound and excessively loud noise or sound
restrictions; and
WHEREAS, the City of Tybee Island has previously adopted administrative procedures
for civil penalties for certain Code violations which can include unreasonably loud noise
violations;
- Page 123 -Item #11.
NOW THEREFORE, it is hereby ordained by the governing authority of the City of Tybee
Island duly assembled as follows:
SECTION I
Existing Tybee Code Sections identified as Article 4 of Chapter 22 "Noises" Sections 22-
110 through 22-112 are hereby repealed in their entirety and are replaced with the Code Sections
hereinafter set forth and designated numerically as hereinafter set forth.
ARTICLE IV. NOISES
Sec. 22-110. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Construction means any site preparation, assembly, erection, substantial repair, alteration, or similar
action, for or of public or private rights-of-way, structures, utilities, or similar property.
Demolition means any dismantling, intentional destruction or removal of structures, utilities, public or
private right-of-way surfaces, or similar property.
Emergency means any occurrence or set of circumstances involving actual or imminent physical or
psychological trauma or property damage which demands immediate action.
Emergency work means any work performed for the purpose of alleviating or resolving an emergency.
Excessively loud noise or sound. Any sound which, in light of the surrounding circumstances,
including the normal level of ambient noise, is unreasonably loud, or which would annoy or disturb a
person of reasonable sensibilities in his home or dwelling, or in any public area or place of public
accessibility, including but not limited to the beach and commercial establishments;
Holidays means those holidays recognized by the U.S. Office of Personnel Management.
Impulsive sound. Sound of short duration, with an abrupt onset and rapid decay
Mechanical Sound Making Devices means any radio receiving device, television, stereo, musical
instrument, phonograph sound amplifier or other machines or devices for the producing, reproducing
or amplifying of sound and/or noise.
Motor vehicle means any motor-operated vehicle licensed for use on the public highways.
- Page 124 -Item #11.
Noise means any sound which disturbs humans or which causes or tends to cause an adverse
psychological or physiological effect on humans.
Noise disturbance means any sound which endangers or injures the welfare, safety or health of human
beings, or disturbs a reasonable person of normal sensitivities, or devalues or injures personal or real
property, or is hereinafter defined.
Official Public event means any event put on by, adopted, approved or endorsed by the City.
Person means any individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution, utility, operative, state
agency, municipality or other political subdivisions of this state, any interstate body, or any other legal
entity.
Plainly audible shall mean any sound emanating from the specific sound-producing sources set forth
below which can be heard from the minimum distances set forth below, using the following sound
measurement standards: Measurement shall be by the auditory senses of a person standing at a distance
no less than the required minimum distance from the source of the sound. For music and other noise,
words and phrases need not be discernable. For music and other noise, bass reverberations are
included.
Public right-of-way means any street, avenue, boulevard, highway, sidewalk, lane or similar place
which is owned or controlled by a governmental entity.
Public space means any real property, including any structure thereon, which is owned or controlled
by a governmental entity.
Public works project means any project financed by public funds such as roads, highways, bridges or
other construction on public or government owned property. It does not include projects merely
approved by mayor and council.
Real property boundary means an imaginary line along the ground surface, and its vertical extension,
which separates the real property owned by one person from that owned by another person, but not
including intra-building real property divisions.
Residential means any property on which is located a building or structure used wholly or partially for
living or sleeping purposes.
School means any place of learning or caring for children, both public and private.
Sound means an oscillation in pressure, particle displacement, particle velocity or other physical
parameter, in a medium with internal forces that cause compression and rarefaction of that medium.
The description of sound may include any characteristic of such sound, including duration, intensity
and frequency.
- Page 125 -Item #11.
Used means and includes the words "intended,", "designed," or "arranged to be used. "
Zoned or zone as used herein means the areas designated in the City Land Development Code and
depicted in the City Zoning Map.
Sec. 22-111. Exceptions.
The provisions of this article shall not apply to:
(1) The emission of sound for the purpose of alerting persons to the existence of an emergency;
(2) The emission of sound in the performance of emergency work by City or City Contractor;
(3) Noises and/or sounds caused to be made by manufacturing, governmental, or commercial entities
in the normal course of their business, however, the production of sound by gathering of persons,
music or entertainment activities by restaurants, bars and/or similar establishments shall not be exempt
under this subsection;
(4) Agricultural activities, exclusive of those involving the ownership or possession of animals or
birds;
(5) Public mass transportation vehicles;
(6) Church or clock carillons, bells, or chimes;
(7) The emission of sound in the discharge of weapons or in fireworks displays for which a permit
has been issued;
(8) Public works projects;
(9) Noises and/or sounds that are permitted by a special event permit pursuant to section 54-70,
et seq; provided, however, that the producer or coordinator of the special event must comply with
the terms, restrictions and conditions of the special event permit;
(10) Sound volumes produced by radio, tape player, or other mechanical sound making device or
instrument from within a motor vehicle on a street or highway, which sound is controlled by
O.C.G.A. § 40-6-14;
(11) Noises or sounds made by law enforcement and other public safety officials performing their
public functions;
(12) The emission of sound from a public space during an official public event; or
(13) The emission of sound from a school or church during the regular scheduled hours of operation
or during special events.
(14) Noises or sounds made by the exploding of consumer fireworks on January 1, the last Saturday
and Sunday in May, July 3, July 4, the first Monday in September, and December 31 of each year after
10:00 a.m. and up to and including the time of 11:59 p.m.; and on January 1 of each year beginning at
the time of 12:00 Midnight and up to and including the ending time of 1:00 a.m.
(15) Generators during times of power outages.
Sec. 22-112. Noise disturbance prohibited
(a) Prohibited conduct – Residential and related zones (R1, R1b,RT,R2 and PUD)
(1) Except as otherwise provided by state law in connection with consumer fireworks as
described below, and notwithstanding any other provision herein, it shall be unlawful and a
violation of this ordinance for the occupant, occupants, guests or visitors to a property in any
- Page 126 -Item #11.
residential zone to create sound, noise, or noise disturbance at any time from 10:00 p.m. on any
night until 7:00 a.m. the following day, which is plainly audible beyond the boundary lines of
the property which is the source of the sound, noise, or noise disturbance.
(2) For all other times all sounds shall not be plainly audible beyond 200 feet from the source of
the sound, noise, or noise disturbance.
(3) Restrictions regarding noise produced by consumer fireworks between 10:00 a.m. and up to
and including 11:59 p.m. on all days.
It is unlawful for any person to use, explode or cause to be exploded any consumer fireworks to
produce noise in such a manner that such noise is plainly audible at a distance of 100 feet or more
from the place, or in the case of real property, beyond the property limits in which the fireworks
are being used, exploded or caused to be exploded, whichever is farthest, between the hours of
10:00 a.m. and 11:59 p.m. on all days. For the purposes of this section, the term "consumer
fireworks" shall have the meaning set forth in O.C.G.A. § 25-10-1(a)(1), but such term shall not
include those items excluded therefrom in O.C.G.A. § 25-10-1(b) as such code section is enacted
as of July 1, 2018 or as may be amended in the future.
(4) Restrictions for areas within apartments, condominiums, townhouses, duplexes, or other such
residential dwelling units.
Except for persons within commercial enterprises that have an adjoining property line or
boundary with a residential dwelling unit, it is unlawful for any person to make, continue,
or cause to be made or continued any excessive noise or impulsive noise in such a manner
as to be plainly audible to any other person a distance of five feet beyond the adjoining
property line wall or boundary of any apartment, condominium, townhouse, duplex, or
other such residential dwelling units with adjoining points of contact.
For the purposes of this subsection, "noise" shall mean human-produced sounds of yelling,
shouting, whistling, singing, or mechanically-produced sounds made by radio-receiving device,
television, stereo, musical instrument, phonograph sound amplifier or other machines or devices
for the producing, reproducing, or amplifying of sound, or any combination thereof.
For the purposes of this subsection, "property line or boundary" shall mean an imaginary
line drawn through the points of contact of (1) adjoining apartments, condominiums, townhouses,
duplexes or other such residential dwelling units with adjoining points owned, rented, or leased by
different persons; or (2) adjoining common areas or adjoining exterior walls. Said property line or
boundary includes all points of a plane formed by projecting the property line or boundary
including the ceiling, the floor, and the walls.
(b) Prohibited conduct – Commercial and related Zones (C1, C2, MD & Neighborhood Grocery
Store District).
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1. No person shall make, continue, or cause to be made or continued, except as permitted, any
noise disturbance, or any noise in excess of the limits for such noise established in this
section.
2. Maximum permissible sound levels. With the exception of sound levels elsewhere
specifically authorized by this article, table 1 below sets forth the maximum permissible
sound levels allowed at or within the real property boundary of a receiving land use. Any
activity or use that produces a sound in excess of such noise levels for a receiving land use
shall be deemed a noise disturbance and is in violation of this article.
3. Measurement of sound. The measurement of sound or noise shall be made with a sound level
meter meeting the standards prescribed by the American National Standards Institute or its
successor body. The instrument shall be maintained in calibration and good working order.
Octave band corrections may be employed in meeting the response specification. A
calibration check shall be made of the system at the time of any noise measurement.
Measurements recorded shall be taken so as to provide a proper representation of the noise
source. The microphone used during measurement shall be positioned so as not to create any
unnatural enhancement or diminution of the measured noise. A windscreen for the
microphone shall be used when required. Traffic, other transportation noise sources and other
background noises shall not be considered in taking measurements except where such
background noise interferes with the primary noise being measured. It is the intention that
this sound to be measured is what is being created by the subject sound or the sound being
investigated excluding intruding noises from isolated identifiable sources, but including
ambient sound level. The measure of all sound levels shall be made as close to the property
line of a receiving land use as is practical.
TABLE 1
Sound Levels by Receiving Land Use
Zoning Category of
Receiving Land Time(3)Use(1) Sound Level Limit, dBA(4)
Residential (2) At all times 60
Commercial At all times 75
(1) As set forth in the Land Development Code.
(2) Any zoning district containing the letter "R."
(3) Unless otherwise stated in this article.
(4) For any source of sound which emits a pure tone, the maximum sound level limits set
shall be reduced by five dBA.
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(c) Equipment use restrictions. Regardless of the other provisions of this Article, the following
equipment may not be operated between the time of sunset and 7:00 a.m.: Monday-Friday and on
Saturday and Sunday from the time of sunset to 10:00 a.m.:
(1) Electrical power tools.
(2) Motor powered, muffler equipped lawn, garden, and tree trimming equipment except residential
lawn mowers.
(3) Construction equipment, which includes landscaper's lawn mowers and other landscaping
motorized equipment.
(4) Construction noise. Between the hours of 11:00 p.m. and 6:00 a.m., construction noise of any
type, including, but not limited to, noise caused by the erection (including excavation), demolition,
alteration, or repair of any building, as well as the operation of any earth-moving equipment, crane,
saw, drill, pile driver, steam shovel, pneumatic hammer, hoist, automatic nailer or stapler, or any
similar equipment, shall not be plainly audible within any residential zoning district more than 100
feet beyond the property boundary of the property from which the noise emanates.
A variance from the above-referenced hours of operation for construction noise may be requested,
in writing, at least 48 hours prior to the proposed construction operation, for consideration by the
Director of the Building Inspections and Permit Department. Such a request shall state:
1)The reasons that support a claim of urgent need based on specific loss or inconvenience
for such a variation from the allowable work hours;
2)The impact that the denial of this request would have on the applicant's project and the
surrounding properties;
3)The steps which have been taken by the applicant to communicate those needs and
impacts to owners of surrounding and nearby properties;
4)The steps that have or will be taken to limit the impact of the proposed activity upon
surrounding and nearby properties; and
5)The possible risks to public health and safety.
If the Director finds that the application adequately demonstrates the urgent need for a
variance from the above allowable work hours, adequately provides for mitigation of the
impact upon surrounding and nearby properties, and poses no additional risk to public
health and safety, then permission shall be granted for a variance to alter the allowable
work hours during one ten-day period.
(Code 1983, § 11-3-4; Ord. of 4-29-2005; Ord. of 7-26-2007)
(d) For any property in any zoning district not expressly covered or referred to above, the noise
restrictions shall be those contained in 22-112(a) (residential and related zones) at the times and the
days indicated in such sub-section. In the event any conditionally zoned property has specific sound
or noise restrictions as part of its conditional zoning, those specified restrictions shall be applicable
and such restrictions shall have the same enforcement process as specified therein. In the event no
specific sound or noise restrictions are imposed on any conditionally zoned property existing as of the
date of enactment of this ordinance or hereafter created, such restrictions shall be as specified in
Section 22-112(a) for the times and days specified therein.
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e) Enforcement of violations hereof may be designated as administrative civil penalties and
addressed pursuant to the ordinances in Chapter 43 of this Code and/or the orderly house
provisions, Chapter 22, Section 33 et seq. or by cited ordinance violation through the citation
system depending upon the severity of the violation.
SECTION II
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION III
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee
Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
SECTION IV
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
The Code of the City of Tybee Island, Georgia.
This Ordinance shall become effective on ________ day of __________________,
2021.
ADOPTED THIS __ DAY OF ___ , 2021.
_________________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
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ENACTED:
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File Attachments for Item:
12. Second Reading, 2021-16 Municipal Court, Sec 38
- Page 132 -Item #12.
20210416Edit
ORDINANCE NO 2021-16
AN ORDINANCE TO AMEND SECTION OF CHAPTER 38 OF THE CODE OF
ORDINANCE OF THE CITY IN ORDER TO MAKE REVISIONS THEREOF AND TO
CLARIFY CERTAIN PROVISIONS, TO CORRECT ERRORS AND TO ADD
PROVISIONS IN CHAPTER 38 REGARDING MUNICIPAL COURT
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia is authorized under Article 9, Section , Paragraph 3 of the Constitution of
the State of Georgia to adopt reasonable ordinance to protect and improve the
public health, safety, and welfare of the citizens of Tybee Island, Georgia and
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its
police and home rule powers; and
WHEREAS, members of the public and staff designated as the “Code Review
Group” worked diligently and in detail to review the entire City Code and to make
recommendations for clarifications and improvements therein; and
WHEREAS, the City Council desires to adopt changes to the Code as
recommended by the Code Review Group; and
WHEREAS, the efforts of the Code Review Group are recognized,
appreciated and intended to be implemented.
NOW, THEREFORE, it is hereby ordained by the governing authority of the
City of Tybee Island as follows:
- Page 133 -Item #12.
20210416Edit
SECTION I
Those sections listed below are to be amended so as to be worded as
stated on the attached revisions to sections:
Chapter 38 – Municipal Court
o Sec. 38-1 – Absence of judge; replacement; powers
o Sec 38-2 – Cost of Court - Amount
o Sec 38-4 – Technology cost surcharge
SECTION II
All ordinances and parts of ordinances in conflict herewith are
expressly repealed.
SECTION III
It is the intention of the governing body, and it is hereby ordained, that the
provisions of this ordinance shall become effective and be made a part of the
Code of Ordinances, City of Tybee Island, Georgia, and the sections of this
ordinance may be renumbered to accomplish such intention.
SECTION IV
This ordinance shall be effective upon its adoption by the Mayor and
Council pursuant to The Code of the City of Tybee Island, Georgia.
The Ordinance shall become effective on _____ day of ______ 2021.
ADOPTED THIS _____ DAY OF _______, 2021.
________________________
MAYOR
- Page 134 -Item #12.
20210416Edit
ATTEST:
_________________________
CLERK OF COUNCIL
FIRST READING: ________________
SECOND READING:______________
- Page 135 -Item #12.
Chapter 38
MUNICIPAL COURT
Sec. 38‐1.
Absence of judge; replacement; powers.
In the absence or disqualification of the appointed judge, a judge pro tem or a qualified substitute
of the municipality may serve.
Sec. 38--‐2.
Cost of court—Amount.
There shall be assessed and imposed an administrative cost of court charge of 100.00 against
every person convicted of an offense as charged in a citation or warrant issued by a duly authorized law
enforcement officer of the city except offenses under O.C.G.A. §§ 40-8-76 and 40-8-76.1.
(Code 1970, § 2-17; Code 1983, § 2-5-2; Ord. No. 03-2011, 1-13-2011)
Sec. 38‐3.
Allocation of proceeds.
The administrative cost of court charge so collected shall be allocated and appropriated solely to
defray the expenses of administering and operating the court of the city, the police department and the city
jail, and all those costs so collected shall be used exclusively for those purposes. (Code 1970, § 2 -18;
Code 1983, § 2-5-3)
Sec. 38‐4.
Technology cost surcharge.
When authorized by the municipal court, there shall be a technology cost surcharge in the amount
of $20.00 per offense for all offenses except violations of O.C.G.A. §§ 40-8-76 and 40-8-76.1. Said
technology cost surcharge shall be in addition to all other fines and fees imposed by the municipal court.
All revenue derived from the technology cost surcharge shall be utilized by the city to provide technological
support for the police department and municipal court functions. (Ord. No. 02-2011,
2-24-2011).
- Page 136 -Item #12.
File Attachments for Item:
13. Second Reading, 2021-19, Flood, Sec 8-060 - 8-230
- Page 137 -Item #13.
Sec. 8-060 Definitions
Building, means any structure built for support, shelter, or enclosure for any occupancy or
storage. 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 V/VE
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 of special flood Hazard within the jurisdiction of Tybee Island,
Georgia.
Sec. 8-180. - General standards.
In all areas of special flood hazard the following provisions are required:
(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 of floodwater. (not applicable in coastal high hazard areas).
a. Designs for complying with this requirement must either be certified by a professional
engineer or architect or meet the following minimum criteria.
1. Provide 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;
2. The bottom of all openings shall be no higher 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. So as not to violate the "lowest floor" criteria of this article, the unfinished or flood
resistant enclosure shall only be used for parking of vehicles, limited storage of maintenance
equipment used in connection with the premises, or entry to the elevated area; and
c. The interior portion of such enclosed area shall not be partitioned or finished into
separate rooms.
(5) All heating and air conditioning equipment and components (including ductwork), all electrical,
ventilation, plumbing fixtures, and other service facilities shall have one foot of freeboard above
Commented [WE1]: Coastal high hazard area is used
in Sec. 8-160 (2) but not defined.
Commented [WE2]: These are in addition to the
definitions in the regulations.
Commented [WE3]: Note: Section 8-250 regulates
the 500-year floodplain. By definition, this is not an
area of special flood hazard. The proposed change
eliminates this contradiction.
Commented [GS4R3]:
- Page 138 -Item #13.
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
with the provisions of this article, shall be undertaken only if the non-conformity is not furthered,
extended or replaced.
Sec. 8-190. - Specific standards.
In all areas of special flood hazard designated as A1—30, AE, AH, A (with estimated BFE), the
following provisions are required:
(1) New construction and/or 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."
a. All heating and air conditioning equipment and components (including ductwork), all
electrical, ventilation, plumbing fixtures and other service facilities shall be elevated at or
above one foot above the base flood elevation.
(2) Non-residential construction. New construction and/or the substantial improvement of any
structure located in A1—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: (1) individual lots or
parcels, (2) in new and/or substantially improved manufactured home parks or subdivisions, (3) in
- Page 139 -Item #13.
expansions to existing manufactured home parks or subdi visions, 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 manufactured home chassis is elevated and supported by reinforced piers
(or other foundation elements of at least an equivalent strength) of no less than 36 inches
in height above grade.
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,
debris or erosion potential. 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. All
- Page 140 -Item #13.
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
designed to wash away in the event of abnormal wave action and in accordance with
subsection below;
(3) All new construction and substantial improvements of existing structures shall be
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 base
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
obstruction. Open wood lattice work or decorative screening may be permitted 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
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 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.
- Page 141 -Item #13.
(10) There shall be no alteration of sand dunes or mangrove stands, which would increase
potential flood damage;
(11) 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
anchoring standards of subsection 8-190(3) are met.
- Page 142 -Item #13.
20210521
ORDINANCE NO 2021-19
AN ORDINANCE TO AMEND SECTION OF CHAPTER 8 OF THE CODE OF
ORDINANCE OF THE CITY IN ORDER TO MAKE REVISIONS THEREOF AND TO
CLARIFY CERTAIN PROVISIONS, TO CORRECT ERRORS AND TO ADD
PROVISIONS IN CHAPTER 8 REGARDING FLOOD, TO ESTABLISH DEFINITIONS AND
FOR OTHER PURPOSES
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia is authorized under Article 9, Section , Paragraph 3 of the Constitution of
the State of Georgia to adopt reasonable ordinance to protect and improve the
public health, safety, and welfare of the citizens of Tybee Island, Georgia and
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its
police and home rule powers; and
NOW, THEREFORE, it is hereby ordained by the governing authority
of the City of Tybee Island as follows:
SECTION I
Those sections listed below are to be amended so as to be worded as
stated on the attached revisions to sections:
Chapter 8 - Flood
o Sec. 8-060 - Definitions
o Sec 8-070 – Lands to which this article applies
o Sec 8-180 – General standards
o Sec 8-190 – Specific standards
o Sec 8-230 – Coastal high hazard areas (V-zones)
- Page 143 -Item #13.
20210521
SECTION II
All ordinances and parts of ordinances in conflict herewith are
expressly repealed.
SECTION IV
It is the intention of the governing body, and it is hereby ordained, that the
provisions of this ordinance shall become effective and be made a part of the
Code of Ordinances, City of Tybee Island, Georgia, and the sections of this
ordinance may be renumbered to accomplish such intention.
SECTION V
This ordinance shall be effective upon its adoption by the Mayor and
Council pursuant to The Code of the City of Tybee Island, Georgia.
The Ordinance shall become effective on _____ day of ______ 2021.
ADOPTED THIS _____ DAY OF _______, 2021.
________________________
MAYOR
ATTEST:
_________________________
CLERK OF COUNCIL
FIRST READING: _______
SECOND READING:______________
- Page 144 -Item #13.
Sec. 8-060 Definitions
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 V/VE on flood insurance rate maps (FIRMs).
Five Hundred Year Floodplain (the 500 year flood plain 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, (WE1)(GS2) within the jurisdiction of Tybee Island, Georgia.
Sec. 8-180. - General standards.
In all areas of special flood hazard the following provisions are required:
(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 of floodwater. (not applicable in coastal high hazard areas).
a. Designs for complying with this requirement must either be certified by a professional
engineer or architect or meet the foll owing minimum criteria.
1. Provide 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;
2. The bottom of all openings shall be no higher than one foot above grade; and
3. Openings may be equipped with scre ens, louvers, valves or other coverings or
devices provided they permit the automatic flow of floodwater in both directions.
b. So as not to violate the "lowest floor" criteria of this article, the unfinished or flood
resistant enclosure shall only be used for parking of vehicles, limited storage of maintenance
equipment used in connection with the premises, or entry to the elevated area; and
c. The interior portion of such enclosed area shall not be partitioned or finished into
separate rooms.
(5) All heating and air conditioning equipment and components (including ductwork), all electrical,
ventilation, plumbing fixtures, and other service facilities shall have one foot of freeboard above
BFE and shall be designed and/or located so as to prevent water fro m entering or accumulating
within the components during conditions of flooding.
- Page 145 -Item #13.
(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 lo cated 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
with the provisions of this article, shall be undertaken on ly if the non-conformity is not furthered,
extended or replaced.
Sec. 8-190. - Specific standards.
In all areas of special flood hazard designated as A1 —30, AE, AH, A (with estimated BFE), the
following provisions are required:
(1) New construction and/or 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 A1—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 e ngineer 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: (1) individual lots or
parcels, (2) in new and/or substantially improved manufactured home parks or subdivisions, (3) in
expansions to existing man ufactured 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 low er
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:
- Page 146 -Item #13.
1. The lowest floor of the manufactured home is elevated no low er than one foot
above the level of the base flood elevation; or
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,
debris or erosion potential. 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 ana lyses
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 d ata 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 lowes t supporting horizontal structural member (excluding pilings or
columns) is located no lower than one foot above the base flood elevation level. All
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
designed to wash away in the event of abnormal wave action and in accordance with
subsection below;
(3) All new construction and substan tial improvements of existing structures shall be
securely anchored on pilings, columns, or shear walls; and
- Page 147 -Item #13.
(4) All pile and column foundations and the structures attached thereto shall be anchored
to resist flotation, collapse, and lateral movement due to t he 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 base
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
obstruction. Open wood lattice work or decorative screening may be permitted 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 mes h 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
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 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 tha t 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;
(11) Prohibit the placement of manufactured homes (mobile homes ).
- Page 148 -Item #13.
File Attachments for Item:
16. Nancy DeVetter: Increase in STVR Application Fee - FOR DISCUSSION ONLY
- Page 149 -Item #16.
City Fee
Destin, Fla up to $700
Nashville, Tenn $313
Lancaster, Tx $125
San Marcos, Tx $61
Asbury, NJ $500
Colorado Springs, Colo $113
Kalamazoo, Mich $250
Grand Prarie, TX free
San Francisco $550
Boston, Mass $200
Newport, RI $100
Orinda, CA $103
Norfolk, VA $150
Nags Head, NC $25
Salem, Mass $50
Clackamas County $450
Grand County, Colo $10 per occupant per year
Louisville, Ky $100
Port Aransas, Tx $50
Pasadena, Ca $100
Surfside, Fla $100
Portland, Ore up to $5,000
Fort Meyers, Fla $100
Sandpoint, Id $250
Goochland, Va Depends
New Orleans, La $200 - $500 per year
Rexburg $150
Cincinnati, Oh $250
Vail, Co $150
Los Angeles ?
Casco Township, Mi $325
Ft. Lauderdale, Fla $350
Average for 25 locations $196.60
- Page 150 -Item #16.
Notes
based on square footage
Other fees apply
includes various fees….complicated
two fees….license, STVR….leave your heart for discount
includes yachting privileges?
fire inspec and license
additional $50 for fitness inspection, no witches allowed
two year license = $900
little old ladies need not apply
if a company owns multiple STVR's, they pay more, minimum is $100
$100 owner occupied
9 different classifications….to confusing to figure out
owner occupied, commercial….
$100 renewal
Just don't…up to 14% tax, several classifications, lawyers dream
couple exceptions, also an inspection fee….
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File Attachments for Item:
18. Shawn Gillen:
Four-way Permanent Stop Sign at 17th and Butler
Extend non-smoking ban from 14th - 16th Streets
Traffic Controls in 14th Street Lot
- Page 159 -Item #18.
SOUTH END WEEKEND TRAFFIC PROTOCOLS
14th Street & Butler Avenue Intersection
Traffic headed South would be allowed to make a left turn off Butler Avenue and head
East on 14th Street.
Traffic headed North would be allowed to make a right turn Butler Avenue and head
East on 14th Street.
Once the parking lot is full and traffic is backed up on 14th Street to Butler Avenue a
FRENCH BARRICADE, with a sign stating lot full, would be placed on 14th Street to
prevent any more traffic down 14th Street.
The FRENCH BARRICADE would be removed once the traffic is cleared on 14th Street
and the parking lot.
14th Street & Parking Lot Intersection
JERSEY BARRIERS will be placed to allow only for a right turn into the parking lot
from 14th Street.
Traffic in the parking lot WILL NOT BE ALLOWED TO EXIT ON 14TH STREET. This
will create an emergency and access lane on 14th Street for the residential area on the
north side of 14th Street.
14th Lane & Parking Lot Intersection
JERSEY BARRIERS will be placed across the entire intersection so no traffic will be
allowed to end the parking lot.
The City may place additional parking in the closed area.
- Page 160 -Item #18.
15th Street & Butler Avenue Intersection
JERSEY BARRIERS will along the centerline of Butler Avenue to prevent left turns onto
15th Street.
Traffic headed East on 15th Street will be forced to make a right turn onto Butler
Avenue.
Traffic headed South on Butler Avenue will be allowed to make a right turn and head
West on 15th Street or continue South.
Traffic headed North on Butler Avenue will be allowed to make a right turn on 15th
Street and head East to the parking lot or continue North on Butler Avenue.
Traffic headed West on 15th Street will only be allowed to make a right turn onto Butler
Avenue.
15th Street and Parking Lot Intersection
JERSEY BARRIERS will be installed to create a “Pork Chop” island.
Traffic headed East on 15th Street will only be allowed to make a right turn into the
parking lot and head South.
Traffic headed South in the parking lot will be allowed to continue South in the parking
lot or exit the parking lot by turning right on 15th Street and head West.
Tybrisa Street & Butler Avenue Intersection
Traffic heading South would be allowed to make a left turn off Butler Avenue and head
East on Tybrisa Street.
Traffic heading North would be allowed to make a right turn off Butler Avenue and
head East on Tybrisa Street.
Once the parking lot is full and traffic is backed up on Tybrisa Street to Butler Avenue a
FRENCH BARRICADE, with a sign stating lot full, would be placed on Tybrisa Street to
prevent any more traffic down Tybrisa Street.
The FRENCH BARRICADE would be removed once the traffic is cleared on Tybrisa
Street and the parking lot.
- Page 161 -Item #18.
Tybrisa Street and Strand Avenue Intersection
Traffic would be allowed to enter the parking lot and head South or turn onto Strand
Avenue and head South.
17th Street and Butler Avenue Intersection
A FOUR WAY STOP is placed on the weekends to allow turning movements for traffic
traveling in all directions.
17th Street and Strand Avenue Intersection
FRENCH BARRICADES are placed so traffic cannot enter or exit the parking lot.
Traffic headed South on Strand Avenue would be able to continue South on Strand
Avenue or turn right on 17th Street and head West.
Traffic headed South in the parking lot will have to continue South and exit the parking
lot at 18th Street.
18th Street and Butler Avenue Intersection
All traffic headed West on 18th Street, will be allowed turning movements in all
directions.
18th Street and Strand Avenue Intersection
All traffic headed South from both Strand Avenue and the parking lot will be forced to
make a right turn on 18th Street and head West.
- Page 162 -Item #18.
OTHER WEEKEND TRAFFIC PROTOCOLS
Butler Avenue Taper
At the 15th Street intersection the Easterly Southbound lane of Butler Avenue will start
to taper and Butler Avenue will be restricted to ONE LANE of traffic by Tybrisa Street.
The Easterly Southbound lane will become an EMERGENCY LANE for Police and Fire
if needed.
Advanced warning signs are placed at 14th Street and 14th Lane stating the LEFT LANE
IS CLOSED AHEAD.
INLET AVENUE
Inlet Avenue between Tybrisa Street and 17th Street will continue to be a ONE WAY
headed East.
17th Street and Inlet Avenue Intersection
FRENCH BARRICADES will be placed on 17th Street blocking Eastbound traffic and on
Inlet Avenue blocking Northbound traffic.
!7th Street between Inlet Avenue will become a ONE WAY Street headed East.
Butler Avenue
Butler Avenue between 17th Street and Tybrisa Street will become a ONE WAY headed
West.
Temporary ONE WAY sign will be placed at the intersections of Izlar Avenue and
Butler Avenue.
Temporary ONE WAY sign will be placed at the intersections of Silver *- Avenue and
Butler Avenue.
- Page 163 -Item #18.
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