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Home My Public Portal AboutTEXT AMEND-TREE ORDNANCE.pdfSTAFF FXPORT PLANNING COMMISSION MEETING: July 19,2021 CITY • MEETING: August 12, 2021 APPLICANT: City of Tybee Island EXISTING USE: N/A APPLICATION: Amendment to Article 7, Tree removal regulations. PROPOSAL: To strengthen penalties for violation of this ordinance and require staff supervision when 5 or more trees are being removed from a site. ANALYSIS: This amendment can cause the inability to receive future tree permits for repeat violations of this article and can cause the inability to receive future building permits for cutting trees without a permit. Additionally requires staff supervision for cutting 3 for more trees on a site, any significant tree or any tree in a City right of way. STAFF FINDING This should help deter violations of this article. ATTACHMENTS A. Amendment H This Staff Report was prepared by George Shaw. ORDINANCE NO, 2021-17 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF TYBEE ISLAND SO AS TO INCLUDE PROVISIONS REGARDING APPLICATINS FOR TREE REMOVAL PERMITS, INSPECTION OF TREE REMOVAL ACTIVITIES, PENALITIES FOR IMPROPER TREE REMOVAL AND TO REPEAL INCONSISTENT OR CONFLICTING ORDINANCES AND TO ESTABLISH AN EFFECTIVE DATE WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph g 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, it is desirable that the requirements be established for tree removal so as to ensure that sufficient trees and vegetation remain on any developed parcel of land and that those individuals pepm4eymingperforming tree removal do so in a professional and responsible manner and; WHEREAS, it has become iraDortant to ensure that the permitting" f� F. `{ s* 7utatmore pre_ventable- and- I NOW THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island duly assembled as follows: Formatted Font: Bold SECTION I Existing Tybee Code Sections identified as Article VII of Appendix A -Land Development Code "Tree Removal Regulations" Section 7-040 is hereby repeals in its entirety and is replaced with the Code Section hereinafter set forth below: Sec 7-040 - Building permit required. Any person desiring to clear land or remove trees to a density below that required in Sec 7-050 or remove a significant tree pursuant to this article shall apply fora building permit from the City. See Sec 9-03o and Section o o of this Land Development Code for requirements and application procedure. A tree surrey must be submitted before a permit can be issued. All applications for tree removal per °t Uproval must also include the below as well as comely_ °th Sec o -o3- of Article IX - Building Regulations in the Land DevelOrlment Code: (1) ACknOwled ent of the mOnitOrillg reglllre ent Set f0 in eC �®� and t12e®- ormtted List Paragraph, Numbered + Level: 1 + COriSegneriCeS OE failing t0 enSllre SL1Ch mOnitOrin which maY reSnit In the TNurnberingStyle: 1, 2, 3, ... + Start at: 1 +Alignment: eftAligned at: 0.5" +Indent at: 0.75" mabllity to otain�ermit in the Estate; �) A statement that t11e apulicatialt accents responsibili to ensure the tree removal is pursuant to all al}licable code sections and that thea licant has informed the contractor laerfor in the work of the monitoring requirement and the consequences of failing to adhere to the monitoring require ants, ) The application is signed by the contractor as well as theower._ Formatted: Font: Georgia, 12 pt (Ord. No. 12-2-12,4-26-2012) SECTION II Existing Tybee Code Sections identified as Article VII of Appendix A -Land Development Code "Tree Removal Regulations" Sec 7-050 is hereby amended with the addition of Subsection (E) which provides as follows: E In The event an anralication for removal would seek to renao til_ tt i1 111Formatted: Line spacing: 1.5 lines City right®of-av° ani -__ i ifieant tree Or three (�) or more otherwise f, :Formatted: Font: Bold Q210506W ----- --------- ---- -- - .. --- - insi ificant tree no tree shall e removed unless a reuresentative of the City is r nto monitor anti observe the removal to ensure , of the After receiving their tree removal permit an a er must give seventy-two f r2? hours' notice to the i prior to removing any tree to allow the City time to arrange far a City representative to present at the rkmDval (Ord. No. 12-2012,4-26-2012) Existing I)rbee Code Sections identified as Article VII of Appendix A -Land Development Code "Tree Removal Regulations" Sec 7-o90 is hereby amended with the addition of Subsections (D) axed (E) which provides as follows: (D) Ani person who has been ad -judged to have violated tree removal permits two or more times within three permits pursuant to Section-0�0 or env other per it under the land Develap ent Code for three (�) veers and may further be subject to additional restrictions or re uirements far any future permit issued Additional ons or require mencs that may be imposed shall be determined by the permitting official talcin into account the circumstances of the current or-pdin application the nature �and extent of removal requestedat�the location as �well as other relevant factors as determined by fhe perminin official and may include additional monitoring -of the removal -proccss and sped c tree maLrkkinfor clarity of intendedrocess. — (E) Any person who has violated the ordinance by removing trees without a permit for removal either directly ar indirectly mcludin an o er or contractor and in addition to all other penalties fines or sentences imposed shall not be eli 'ble far a building or other permit for a period of o�2) veers from the date of an adverse adaudicatian against thea licant far an un ermined removal. Sec. 7-o90 — Penalties for unlawful tree removal. - ! Formatted: Font: Bold (Ord. No. 12-2012,4-26-2012) All ordinance and parts of ordinances in conflict herewith are expressly repealed. SECTION V 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 Ordinance, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplished such intention, This Ordinance shall become effective on ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: day Of , 2021. 2021. Formatted: Font: Bold ENACTED: Formatted: Font: Bold r` @a=! ommumu, Komi Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Variance Preliminary Plan Approval Map Amendment Final Plat Approval Text Amendment X Minor Subdivision — Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: The Planning Commission Motion on Petition: 0 Approval E] Denial M Continued Action on Motion: COMMISSIONER FOR �AGANST COMMENTSa. ._ Bishop CHAIR Bossick VICE CHAIR -ABSENT Gooding X Hill X McGruder X SECOND McNaughton X MOTION mwm Reynolds X Planning Commission Chair: Planning & Zoning Manager: Date: Date: 1 111111 # I I Meeting date: 5/17/2021 IME 1111111 1111131-11 Action Requested: Text Amendment Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Variance Preliminary Plan Approval Map Amendment Final Plat Approval Text Amendment X :::::i Minor Subdivision ® Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: The Planning Commission Motion on Petition: 0 Approval E] Denial M Continued Action on Motion: 7 Date: - .7- COMMISSIONER FOR AGAINST COMMENTS Biso CHAIR Bossick X VICE. CHAIR Goodin X Hill X me McGruder X SECOND hton X MOTION _MIcNau PR,e nolds X Planning Commission Chair: Planning & Zoning Manager: Date: 7 Date: - .7- 11 1 1 1 111 1 1 1., 1 Meeting date: July 19, 2021 Project Name/Description: Amendment to Tree Ordinance Action Requested: TEXT AMENDMENT Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Variance Preliminary Plan Approval Map Amendment Final Plat Approval Text Amendment X Minor Subdivision Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: The Planning Commission Motion on Petition Action on Motion= 11 Approval ■ Denial ■ Continued COMMISSIONER FOR AGAINST COMMENTS Bishop ABSENT Bossick ABSENT Gooding X Hill X SECOND McGruder X MOTION McNaughton X Reynolds X Planning Commission Chair: Planning & Zoning Manager: Date: Date: