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HomeMy Public PortalAbout20090226CCMeeting1 1 1 20090226 Citv Council Minutes Consideration of items for Consent Agenda Mayor Buelterman called the Consent Agenda to order at 6:30pm. on Thursday, February 26, 2009. Council members present were Mayor Pro Tem Wanda Doyle, Charlie Brewer, Eddie Crone, Dick Smith and Paul Wolff. Also present were City Attorney Bubba Hughes and City Manager Diane Schleicher. Councilman Barry Brown joined the meeting shortly after call to order. Mayor Buelterman listed the following items on the Consent Agenda: > Consideration of appointment of Gavin Murphy to Audit Committee. > Consideration of appointment of the following to the Better Hometown Board. Alan Fleming Patricia Miller Wann Erin Sheldon ➢ Consideration of a Trauma Care Resolution being sent to State Legislature. > Consideration of crosswalks in C2 Resolution > Consideration of the Aquifer Storage and Recovery Moratorium Resolution. > Consideration of Request for the Tybee Island Irish Heritage Celebration Parade (8th Annual). Requesting the City of Tybee co- sponsor this event as they have in the past. Also requesting the Special event application fee of $100 and DPW services (cones /barricades) be waived. Cost is included on the proposed budget page within the application totaling approximately $1,700. > Consideration of Fort Screven Water Improvements- Change Order # 1 Revised: Upgrade water lines on Wilson Avenue, Moore Avenue, Meddin Drive, Taylor Street, Rosewood and Robinson Avenue to the project $126,880. Budget Line item #505- 4410 -54 -2100. ➢ Consideration of Ground Water Withdrawal Permit - Special Conditions Requirement. Councilman Wolff asked for an updated unaccounted for water report. He recommended conditional approval in order to continue working on the document. > Action Items List: o Mayor Buelterman asked for an update on steps taken to diminish the possibility of having a fire generated by illegal fireworks on 4th of July, New Years Eve, etc. Ms. Schleicher said we could have paid on call people in the firehouse, have the tanker on the beach and have mules checking the dunes. She said a rough cost estimate for salaries is $600 to $700 per event. She said we will take a proactive approach to educate people. Councilman Wolff agreed that education is a substantial part but enforcement is key. He recommended Police Officers be patrolling the beach before and during fireworks with brochures explaining the dangers along with a citation attached. He said we should give written warnings with a definite threat of citation for a second offense. Ms. Schleicher said they will make sure it gets in the budget at least for the 4th of July. o Mayor pro tem Doyle asked for an update on the Short Term Rental concerns because the list reflects the last action date as January 29, Prepared 3/10/09vw Page 1 of 8 1 1 1 2007. Ms. Schleicher said a lot of the issues have been resolved as far as some of the activities that were happening in the rentals. She said a strong management group has benefited Tybee by getting the information out. She said the Community Development department educated the short term rental groups as far as what was allowed or not allowed, just by mass mailings as far as the ordinances were concerned. Mayor pro tem Doyle requested Ms. Schleicher contact TIARA or some of the rentals and ask if they feel there are outstanding concerns that haven't been resolved. Councilman Brewer said TIARA's concerns are over unmanaged properties. Councilman Wolff said we should work towards getting something in writing outlining dos and don'ts to distribute to those people who independently rent their property. > Mayor Buelterman requested Incentives for builders to use Solar Hot Water Systems be considered by the Infrastructure Committee. Council Wolff requested Ms. Schleicher have this item on the agenda for the next Infrastructure meeting. > Mayor Buelterman asked for an update on the Police Department moving towards use of energy efficient vehicles. Ms. Schleicher said she has the chief looking at 6 cylinder vehicles versus 8 cylinders. She said there is concern about going with hybrid because there isn't a hybrid with a police package and a police vehicle demands a lot of electrical use. She said the Chief is doing research on what is available. She said going to 6 cylinders instead of 8 only saves about two miles per gallon but that is still a savings. Councilman Brewer asked if we are at a place where we could do a lot of our policing out of low cost vehicles that are not involved in police chases. Ms. Schleicher said the remaining question is if the electric vehicles have the voltage to support the electronic systems that the police cars have. Councilman Brown asked if putting officers on motorcycles had been discussed since some already have personal bikes. Ms. Schleicher said the question is if a motorcycle officer makes an arrest then he has to call another vehicle to transport the other person. Councilman Brown said he thinks they call for back up before making arrests anyway so why couldn't a motorcycle officer call for a patrol car as back up. • Parking for B & B's in C1: Councilman Brown said this has been done in the past. Councilman Smith said as long as everyone understands what is being required from the 17th Street Inn, and only in the C1 district where there is no parking. He said they would get to purchase parking passes for each room which would then be put on something that could be displayed in the front windshield for use by the Inn patrons. Mayor Buelterman said he wants to make sure this is clear to the staff. > Consideration of Appointment of Denise Woodard as Deputy Clerk. Mayor Buelterman adjourned the Consent Agenda meeting. Opening Ceremonies Mayor Buelterman called the regular meeting of City Council to order at 7:OOpm. Those in attendance at the Consent Agenda were also in attendance for the regular meeting. The Invocation was given by Councilman Smith followed by the Pledge of Allegiance to the Flag. Prepared 3/10/09vw Page 2 of 8 1 1 1 Mayor Buelterman presented a framed photo of the renourished beach to Lou Off, Chairman of the Beach Task Force. He said it was a small token of the many hours of work Mr. Off gives to the City and his dedication to the Task Force and Beach Renourishment. He also thanked the other members of the Beach Task Force for their time and dedication. Mr. Off said it is definitely a team effort between the Federal, State, County, Former and Present City Council, DNR, GPA and Corps of Engineers. He said his reward is seeing the beach because they have worked on it since 2002. He said the second meeting he attended former Mayor Parker said "hey you're in charge ". He said it has been a growing experience and he has met a lot of people. Consideration of approval for minutes of the regular meetings of the City Council The following correction was noted for the minutes of 2/12/09. The Motion by Paul Wolff was read as follows: Councilman Wolff restated and amended his motion to add: 1) No access on 3rd Street, 2) All parking areas and spaces must be approved permeable materials, 3) No light intrusion greater than 1 foot candlelight at property lines on either side, 4) Require vegetation buffer to be extended the length of 3`d & Lovell Ave. Councilman Brown seconded the amended motion and the motion carried. The vote was unanimous. A Motion to approve the minutes with the noted corrections was made by Councilman Paul Wolff. Mayor pro tem Wanda Doyle seconded. The vote was unanimous. Citizens to be heard Julia Pearce made a presentation to council on her pending medical mission trip to Africa. She requested council allow her to place a container to collect needed eyeglasses to take to the people of the village she would be visiting. She expressed gratitude to everyone that has contributed to her mission trips in the past. A Motion was made by Councilman Smith to allow Julia Pearce to place a container in City Hall for eyeglasses as requested. Councilman Wolff seconded. The vote was unanimous. Mayor Buelterman gave a status update on the Public Safety Facility location that was discussed by an Ad Hoc Committee with a recommendation being given to council last year. He acknowledged the presence of County Commissioner Pat Farrell and said SPLOST money was designated to be spent on this facility but the location has to be determined in order to move forward with obtaining the funds from Chatham County. He said this will be the first of two meetings to gain public input. He said the two locations being considered are: The Old School close to where the Fire House is located and on Van Horne close to the present location of the Police Department. Henry Levy said he was on the Public Safety Committee and there were four of them that thought the facility should go in the back corner of Memorial Park. He said there were several reasons for this with one being to have fire and police together particularly to allow communication to be used together along with offices and meetings. He said it would also make the police department more public. Harvey Ferrelle said personally to him a park is a park and that is what we have here is a beautiful park in Memorial Park. He said the present location of the Police Department is a Prepared 3/10/09vw Page 3 of 8 1 1 1 perfect location because it has served us for many years and it is out of the way of the public. He said Memorial Park is Historic and has a lot of history behind it and disrupting that history might not be something we want to consider. Mary McCracken agreed with Mr. Ferrelle and said Memorial Park has the children's playground, the old school, the gym and the cemetery and she feels we may have it to compact by using every bit of space. She said the other location has area to expand and they could do a beautiful job. Mayor Buelterman asked for Ms. Schleicher to put a notice on the cable channel announcing another public input meeting during the 2nd council meeting in March. Commissioner Pat Farrell said it is his understanding that they are estimating the first two years of the current SPLOST period will be dedicated solely to expanding the county jail because of overcrowding and it has been for years. He said as soon as that is taken care of then the other projects will fall in line. Consideration of Consent Agenda A Motion was made by Councilman Wolff to approve the Consent Agenda, Mayor pro tem Doyle seconded. The vote was unanimous. Consideration of Department Head Reports Major Case said the Police Department delivered a single page survey to all sixty three residents of Lewis Street to determine the need for a speed bump. He said forty six responses were received which makes 73 %. He said out of ninety four drivers surveyed, fifty eight were in favor of one or more speed bumps and thirty six were against which makes 62% in favor and 38% against. Mayor Buelterman asked if the police department had put out speed monitors on Lewis. Major Case said yes they had. He said it was in place for eleven days in June of 2008 and counted 4, 635 cars passing both directions. He said the average speed was 19.5mph which is just below the limit but 48% of all the cars were in excess of the posted speed limit. He said the highest speed recorded was 58.8mph but he thinks that is a false reading because two cars passing simultaneously can give false readings. Mayor Buelterman asked if a speed bump is justified. Major Case said it would slow people down but they don't like speed bumps on public streets because they are very annoying and force people obeying the speed limit to slow down as well along with being a problem for emergency vehicles. He said there are four existing speed bumps at various places on the island and council should pay close attention to the results of the survey because he thinks the people want them. He said he thinks more than one will be needed because the Street is about a third of a mile long. Mayor Buelterman said the issue is always the exact location of the speed bump. Councilman Brown suggested posting children at play signs because of the reduced cost. Major Case said they use their portable radar sign out there regularly and that tends to slow people down. Ms. Schleicher said $5,000 cost per bump is a combination of signs and labor costs. She suggested if council wants to consider this that it should be included in the budget for next year because there is no money in the budget now. Mayor Buelterman asked that the portable radar be placed up to show people how fast they are going and then do another survey to determine if it helps and let council know the Prepared 3/10/09vw Page 4 of 8 1 results. He said when June rolls around they can consider it in the budget if the results show it is needed. Consideration of Ordinances, Resolutions and Zoning Variances ➢ Consideration of 1st Reading for Amendment to Code Section 58 -107 (1) Hotel Motel Tax. Mr. Hughes explained that once council implements the hotel motel tax they have to use it in accordance with the permissible limits of state law. He said in order to get the ordinance consistent with what the state law is now this needs to be on the books. A Motion to approve was made by Councilman Wolff and seconded by Councilman Smith. The vote was unanimous. ➢ Consideration of 2 "d Reading for Replacement of Land Development Code Article 16, Stormwater Management. A Motion to approve was made by Councilman Wolff and seconded by Mayor pro tem Doyle. The vote was unanimous. ➢ Consideration of 1s` Reading to amend Code section 5 -2 -23, So as to permit the discontinuance of Solid Waste Services to units that are unoccupied due to foreclosure. Ms. Schleicher requested to have flexibility to discontinue garbage services for houses that are in foreclosure and are empty. She said most likely we won't be able to collect on that garbage service anyway. She said they would coordinate this step with wastepro to be able to remove the container and get credit on our invoices. A Motion to approve was made by Councilman Wolff and seconded by Councilman Brown. Councilman Brown asked if there was a way to police this to make sure the properties going into foreclosure were not being rented. Ms. Schleicher said she would work with Mr. Hughes to tweak the language to require the house to be unoccupied and they will police this. Councilman Brewer asked why we would want to help the bank's out that would be holding the mortgage on a foreclosed property. Ms. Schleicher said most often we are unable to collect this money and she was approached by a property owner struggling with the foreclosure process and the property could not be rented because of being in the process with the bank. Mr. Brown explained that under foreclosure the water and sewer bill would still be under the owners name and does not change to the banks name until foreclosure is executed. He said Ms. Schleicher would have to create a policy for policing these properties to make sure they are not being rented short term during this process. Ms. Schleicher said they would create an SOP. Mr. Wolff suggested that Ms. Schleicher have staff prepare the documents outlining the procedures for council's review when this comes back for second reading. The vote was unanimous. Prepared 3/10/09vw Page 5 of 8 1 Consideration of Bids, Contracts, Agreements and Expenditures ➢ Consideration of Proposals for Federal Lobbying Services for the City of Tybee Island. RFP 2009 -601 Budget Line Item #100 - 6125 -52 -1250. Mayor Buelterman asked that this item be postponed until the 1st meeting in March in order to allow further review. City Managers Report > Consideration of Action Plan for Bicycle Friendly Communities. Also recommendation the city proclaim May 11 -15, 2009 as "Bicycle to Work on Tybee Island Week" encouraging the use of bicycles by those who work on Tybee to use a bicycle for transportation to work that week. Mayor pro tem Doyle asked if Ms. Schleicher was planning on distributing the maps to vacation rental managers to give to visitors. Ms. Schleicher said they are considering making the brochure available online so that vacation rentals could download it and add their own information to it. She said the city could look for sponsorships but she was initially looking at only printing about 200 and then making it available to be downloaded. Councilman Wolff complimented Ms. Schleicher and staff on getting this moving forward. A Motion to approve authorizing Ms. Schleicher to move forward with the action plan was made by Councilman Wolff and seconded by Mayor pro tem Doyle. Councilman Wolff amended his motion to include Bike Week. The vote was unanimous. Councilman Smith expressed appreciation to Frank Drudi for his design work on the stencil. Council, Officials and City Attorney Considerations & Comments Mayor Buelterman said he received a lot of calls over the holidays from Tybee citizens upset because of the amount of damage done to trees due to trimming by Georgia Power. Mr. Hughes explained that Georgia Power has a franchise agreement that allows them pretty broad rights. He said this happens every three or four years and we are not the only community that complains but they have firm ground to stand on. He said other than trying to coax them through the political process there is little we can do. He said they have legitimate concerns about storm damage taking out power creating more trouble for them along with potential fires and that sort of thing. Mayor pro tem Doyle said it looks as if they do not consider the form of the tree and they just start hacking on it with a chainsaw. She asked if we had talked to them about how much we love our trees and wanting them to look better than that. Mayor Buelterman said he will contact Georgia Power and request a representative attend the next council work shop to answer questions and concerns. • Consideration of Opening Fifth Ave- Wyman Sharpe Prepared 3/10/09vw Page 6 of 8 1 1 1 Mr. Hughes said we are talking about lots 4, 5 and 6 and how to access those. He said the portion of Fifth Avenue that is presently owned by the city is what he is asking to intrude on. He said he would like for the city to get quit claims for any further interest in Fifth Ave. for road purposes from that side to at least avoid this coming back in this area again. Councilman Wolff said lot 6 is obviously tidally impacted and as far as Tots 4 and 5 are concerned, by the time you take the twenty five foot buffer it looks as though a good 50 % of those lots are inside that buffer. He said he doesn't think they are buildable and lot 6 is definitely not buildable because of its elevation. Councilman Brown said these lots are developable. He said if you have 900 feet to build on that's a 900 square foot footprint. He said lots 4 and 5 have setbacks marked and it leaves a good portion of those lots to built on. He said if he is asking to get a road east of the big oak tree it's probably marsh. Mr. Hughes said he is not certain but since it will be in the buffer on the eastern side, Mr. Sharpe will probably have to get a DNR permit after he gets permission here. Mayor pro tem Doyle said the request right now is to put rocks on the existing driveway. Mr. Hughes said yes and because the lower portion of it gets into what is still city owned right of way, he has to request it. A Motion was made by Councilman Brown to approve as requested, white rock on what is depicted as an existing road and the City quit claim any future access to that road. Mayor pro tem Doyle seconded. Mr. Hughes restated the motion was to approve the request for opening that portion of Fifth Ave. that is City Property as depicted on the plat and to obtain a quit claim deed for any interest of those properties in further request to open or obtain Fifth Ave. Mayor Buelterman requested Councilman Brown and Mayor pro tem Doyle withdraw their motions in order to allow a citizen to speak to this. Councilman Brown withdrew his motion, Mayor pro tem Doyle withdrew her second. The speaker asked why this was being done piece meal instead of all at once. A Motion by Councilman Brown was made to approve the request for opening that portion of Fifth Ave. that is City Property as depicted on the plat and to obtain a quit claim deed for any interest of those properties in further request to open or obtain Fifth Ave and seconded by Mayor pro tem Doyle. The vote was Brown, Doyle, Brewer, Crone and Smith in favor and Wolff opposed. > Consideration of Ethics Training Mr. Hughes said council expressed desire to get ethics training on our ordinance for Elected Officials and the various bodies appointed by council. He said the training was to be provided by either GMA or the Chapman group but the consensus seemed to want him to do it. He said he doesn't think that is a good idea for several reasons. He said it is always better to get independent advice on something like that and he could probably participate and get the training as well. He explained that Ms. Schleicher had contacted GMA and their proposal for $1,400 would allow participants to get credit for the training received. He said Chapman and Associates proposal was for $1,200. Prepared 3/10/09vw Page 7 of 8 1 1 Councilman Wolff asked if there would be credit given if an Ethics training class has already been taken with GMA. Ms. Schleicher said no credit would be given but they will incorporate our ordinance into the curriculum. A Motion by Councilman Smith to direct staff to bring back a proposal from GMA to do Ethics training was seconded by Mayor pro tem Doyle. Councilman Crone asked if this training was for all employees of the city. Mr. Hughes responded no but would only train 20 people and would cost $70 for each additional person. He said he thought they were talking about Elected Officials and appointed committee and commission members. Councilman Brewer said he was keen to get different types of input from different directions and using Chapman coming out of the business ethics was a plus in his opinion. He said keeping it pure and with a non - governmental approach was important to him. Councilman Smith said this does not cover employees of the city because employees of the city are not covered under our ethics ordinance. Mr. Hughes said correct they are covered under personnel policies. Councilman Brown expressed concern over continuing with this considering the cost involved. Mayor Buelterman said why don't we get the cost back and then make that decision once we figured out what the cost will be. Mayor pro tem Doyle asked if we could get an outline of what each one will do in order to establish the difference in proposals and make a comparison. The motion failed with Smith and Wolff voting in favor and Brewer, Brown, Crone and Doyle voting in opposition. A Motion by Councilman Brewer to get proposals from both GMA and The Chapman Group to provide an Ethics Training Program for Tybee Island was seconded by Councilman Brown. The vote was unanimous. Adjournment A Motion to adjourn was made by Councilman Wolff and seconded by Mayor pro tem Doyle. The vote was unanimous. 19,a-r, r Jason Buelterman Vivian 0. Woods, Clerk of Council Prepared 3/10/09vw Page 8 of 8 1 1 1 z1-2.4 109 Resolution Whereas, the Floridan Aquifer is the primary source of drinking water for coastal Georgia and one of most productive and highest quality underground water systems in world; Whereas, the practice of pumping treated surface water or wastewater into groundwater aquifers, (sometimes called "ASR ", for Aquifer Storage and Recovery) would result in the injection of lower quality water into our high quality aquifer; Whereas, ASR has been used in other areas for disposal of wastewater and was recently considered as a disposal altemative for the effluent from a proposed wastewater facility in coastal Georgia; Whereas, there are significant public policy questions regarding the injection of surface water into the aquifer in terms of ownership of water stored within a public resource, responsibility for negative impacts on nearby property owners, as well as the potential for use of ASR to result in transfer of water from one basin to another, adversely affecting downstream communities and unfairly redistributing economic growth; Whereas, the Floridan Aquifer is remarkably free from man made contaminants, but all surface waters in the nation have been subject to contamination by pharmaceuticals and personal care products and are actively present in all treated wastewater discharges; Whereas, there are serious concerns about the risks associated with aquifer injection and its potential for degrading groundwater quality, altering the physical structure of the limestone aquifer, and the dangers posed by accidental injection of harmful substances; Whereas, such risks could result in damage to the aquifer and drinking water supply that has been characterized by a professor of geology as "impossible to correct on a human time scale ", with severe negative consequences for coastal Georgia's economy and environment; Whereas, the Floridan Aquifer in the coastal region of Georgia has been the subject of numerous studies by both the State and Federal scientific community and studies are continuing as part of the statewide water supply management plan; Whereas, the Floridan Aquifer studies are not complete and a better understanding of the hydrological conditions of the aquifer is prerequisite prior to any use of man made technology to change natural conditions; Whereas, the Georgia General Assembly has wisely placed a moratorium on the injection of surface water into the Floridan aquifer because of concerns about the economic, environmental, and health risks and the recognition that there has been 1 1 1 minimal scientific study assessing or addressing such risks; Whereas, the state's current moratorium on ASR expires in 2009, n a NOW THEREFORE, BE IT RESOLVED THAT the el ty of e urges the General Assembly of Georgia to continue in full forceihe protection provided by the moratorium on the use of Aquifer Storage and Recovery in coastal Georgia; AND BE IT FURTHER RESOLVED THAT the 6-Z O % e urges the coastal legislative delegation to sponsor and pas such Iegis7ation as may be necessary to enact the continuation of the moratorium. Duly adopted the ago day of rear 2009. 1 1 1 ORDINANCE NO. 05-2009 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES ARTICLE 16 APPENDIX A LAND DEVELOPMENT CODE STORMWATER MANAGEMENT OF THE LAND DEVELOPMENT CODE FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized udder 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 it police, zoning, and home rule powers, and WHEREAS, the governing authority makes the following findings: (a) Uncontrolled stormwater drainage/discharge may have a significant, adverse impact on the health, safety, the welfare of the city, and the quality of life of its citizens. More specifically, surface water runoff can carry pollutants and nutrients into receiving waters. (b) Uncontrolled stormwater drainage can increase the incidence of flooding and the level of floods which occur, endangering roads, other public and private property and human life. (c) Altered land surfaces can change the rate and volume of runoff. (d) Adverse water quality and quantity consequences described above could result in substantial economic losses. Potential losses include, but are not limited to, increased water 'treatment costs, as well as state and federal fines associated with water quality violations. (e) Many future problems can be avoided through proper stormwater management. (f) Every parcel of real property, both public and private, either uses or benefits from the maintenance of the municipal/county separate storm sewer system. (g) Current and anticipated growth will contribute to and increase the need for improvement and maintenance of the municipal/county separate storm sewer system. WHEREAS, the governing authority deterrnines that the objectives of this article include the following: (1) Protect, maintain, and enhance the short-term and long -term public, health, safety, and general welfare. The objective will be achieved by providing for regulation and management of municipal /county separate storm sewer system, including public (and private) facilities in the city's service area. 1 1 (2) Comply with state (DNR) and federal (EPA) stormwater regulations developed Pursuant to the Clean Water Act. These requirements include: a. Control the contribution of pollutants to the municipal/county separate storm sewer system by stormwater discharge associated with commercial and industrial activity and the quality of stormwater discharged from sites of commercial and industrial activity; b. Prohibit illicit connections to municipal/county separate storm sewers; c. Control discharge to municipal/county separate storm sewers of spills, dumping or disposal of materials other than stonnwater; and d. Control, through intergovernmental agreements, contribution of pollutants from one municipal /county system to another. NOW, THEREFORE, be it ordained by the Mayor and Council for the City of Tybee Island duly assembled in open session that Code of Ordinances for the City of Tybee Island be amended and is hereby amended so that the current Article 16 of Appendix A, Land Development Code is repealed in its entirety and Article 16 shall hereinafter read as follows: ARTICLE 16. STORMWATER MANAGEMENT ARTICLE A. IN GENERAL Sec. 16 -010. Short title. This chapter shall be known as the City of Tybee Island stormwater management ordinance. Sec. 16 -020. Definitions. For the purposes of this chapter, unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most effective application. Words in the singular shall include the plural, and words in the plural shall include the singular. Words used in the present tense shall include the future tense. The word "shall" connotes mandatory and not discretionary; the word "may" is permissive. For purposes of this chapter, the following terms, phrases and words, and their derivatives, shall have the meaning given in this section: (1) Accidental discharge shall mean a discharge prohibited by this chapter into the city separate stormwater system which occurs by chance and without planning or consideration prior to occurrence. (2) Agricultural practices shall mean practices involving the establishment, cultivation, or harvesting of products of the field or orchard; the preparation and planting of pastureland, farm ponds; and the construction of farm buildings. (3) Best management practices (BMPs) shall mean a wide range of management procedures, activities, and prohibitions or practices which control the quality and/or quantity of stormwater runoff and which are compatible with the planned land use. (4) City shall mean the incorporated entity known as the City of Tybee Island, Georgia. 2 1 1 1 (5) City Engineer shall mean any Professional Engineer registered in the State of Georgia hired or contracted by the City to provide civil engineering service to the City including but not limited to stormwater management, land use, site design and construction, and other duties as may be assigned (6) City separate stormwater system shall mean a conveyance or system of conveyances (including roads with drainage systems, highways, rights -of -way, city streets, catch basins, curbs, gutters, ditches, both natural and manmade channels, storm drains, detention ponds, drainage easements dedicated to the city, other stormwater facilities) which meets all the following criteria: Owned and maintained by the city; Designed and used for collecting or conveying stormwater; Not a known combined sewer, and Not part of a publicly owned treatment works (POTW). (7) Conveyance shall mean stormwater facilities designed for the movement of stormwater through the drainage system, such as concrete or metal pipes, ditches, depressions, wales. (8) Department shall mean the City of Tybee Island Planning and Economic Development Department or such other department as may be then designated for stormwater management purposes. (9) Development shall mean: The division of a lot, tract or parcel of land into two or more lots, plots, sites, tracts, parcels, or other divisions by plat or deed; The construction, installation, or alteration of a structure, impervious surface, or drainage facility; Clearing, scraping, grubbing, or other activities that significantly disturb the soil, vegetation, mud, sand or rock of a site; or Adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging, or otherwise disturbing the soil, vegetation, mud, sand or rock of a site. (10) Director shall mean the director of Planning and Economic Development Department or such other department head as may be then designated as responsible for stormwater management. (11) Discharge shall mean the release of stormwater to the city separate stormwater system. (12) Drainage shall mean the removal of stormwater from a given area either by gravity or by pumping. (13) Easement shall mean an acquired legal right for the specific use of land owned by others. (14) Employee shall mean any city employee as designated by the city manager to have authority in stonnwater management, planning, maintenance, or construction. (15) Exempt shall mean the release of the obligation to comply with specific sections of this chapter. (16) Flood shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from: The overflow of inland or tidal waters; or The unusual and rapid accumulation or runoff of surface waters from any source. (1 7) Illicit connection shall mean an unauthorized or illegal connection to a city separate stormwater system which results in discharge that is not composed entirely of stormwater runoff (18) Indirect discharge shall mean any discharge to the city's separate stonnwater system via another conveyance system that is not owned, operated, or maintained by the city. 3 1 1 1 (19) Maintenance shall mean any action necessary to preserve stormwater facilities in proper working condition, in order to serve the intended purposes set forth in this chapter. (20) Maximum extent practicable (MEP) shall mean the discharge standards and controls necessary for the reduction of pollutants discharged into the city separate stormwater system. These standards and controls may consist of a combination of best management practices, control techniques, system design and engineering methods, and such other provisions for the reduction of pollutants discharged from the city separate stormwater system. (21) NPDES shall mean the National Pollutant Discharge Elimination System permit granted by the Georgia Department of Natural Resources. (22) Person shall mean any individual, firm, corporation, government agency, business trust, estate, trust, partnership, association, two or more individuals having a joint or common interest, or any other legal entity. (23) Pollutant shall mean any substance contributing to the contamination or alteration of stonnwater's physical, chemical or biological properties, including change in temperature, taste, color, turbidity, or odor; by the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters that will or is likely to create a nuisance or have a detrimental impact on the city's stormwater system which would preclude the legitimate use of such a system. (24) Private property shall mean property or facilities owned by individuals, corporations, and organizations other than the city, state, or federal government. (25) Procedure shall mean the method adopted by the city, by and through the director, to implement a regulation or regulations adopted under this chapter, or to carry out other responsibilities as may be required by this Code or other codes, ordinances or resolutions of the City of Tybee Island or other agencies. (26) Quality shall mean those parameters of stormwater that relate to the physical, chemical, biological or radiological integrity of stormwater. (27) Quantity shall mean those characteristics of stormwater that relate to the rate, volume, and duration of concentration of stormwater runoff. (28) Regulation shall mean any local, state, or federal rule, ordinance, design directive or other policies adopted by the mayor and council pursuant to the requirements of this chapter. (29) Sanitary sewer system means the complete sanitary sewer system of the City of Tybee Island which discharges sewage directly or indirectly into the sewage treatment plant, including sanitary sewer pipelines, manholes and flushing inlets and appurtenances. (30) Sediment shall mean solid particulate matter, both mineral and organic, that has been or is being transported by water, air, ice or gravity from its origin. (31) Site shall mean any lot, plot, parcel or tract of land. (32) Stormwater shall mean precipitation runoff, snowmelt runoff, and surface runoff. (33) Stormwater management shall mean the procedures and steps taken to minimize the impact of stormwater as related to manmade changes in the land including, but not limited to, collection, conveyance, storage, treatment, and disposal of stormwater runoff. (34) Stormwater management manual shall mean the most recent manual of stormwater management criteria of the City of Tybee Island. (35) Stormwater management facilities shall mean any and all components of a stormwater drainage system, designed to perform a particular function, or multiple functions, including, but not limited to, pipes, swales, ditches, culverts, streets, detention basins, retention basins, constructed wetlands, infiltration devices, catchbasins, oil/water separators, sediment basins, natural systems, modular pavement and pump stations. 4 1 1 1 (36) Stormwater management plan shall mean all documents that provide information and specifications for the drainage systems, structures, BMPs, concepts, and techniques that will be used to minimise the impact upon the stormwater system by a particular development. (37) Stormwater runoff shall mean the direct response of a land surface to precipitation to include surface and subsurface runoff that enters a ditch, stream, stoma drain or other concentrated flow during and following the precipitation. (38) Variance shall mean the modification of the minimum stormwater management requirements for specific circumstances where strict adherence of the requirements would result in unnecessary hardship and not fulfill the intent of this chapter. Sec. 16 -030. Applicability of chapter. (a) This chapter shall apply to all existing and future discharges to the city separate stormwater system. (b) If any term, requirement or provision of this chapter becomes invalid or unenforceable, the remainder of this chapter shall not be affected, and any and all other requirements and provisions shall remain valid and be enforced to the fullest extent. (c) When this chapter is in conflict with other ordinances, the ordinance with the most stringent requirements shall apply as determined by the director of planning and economic development. Sec. 16 -040. Restrictions and limitations on the use of the city stormwater system. The primary purpose of the stormwater system is the conveyance of stormwater and other permissible discharges as outlined in section 16 -0200. (1) No person shall discharge, spill, or dump substances or materials which are not entirely composed of stormwater or discharges otherwise exempted in section 16 -0200 of this chapter into the city separate stormwater system or onto driveways, sidewalks, parking lots, streets, or other areas that discharge into the city separate stormwater system. (2) It shall be unlawful for any person to maliciously, willfully, or negligently break, damage, destroy, uncover, deface, modify, or tamper with any stormwater structure, appurtenance, or equipment. (3) It shall be unlawful, without prior written approval of the director, to alter in any way any part of the stormwater system including, but not limited to, rerouting, removing, deepening, widening, enlarging, filling or obstructing any part of the stormwater system including fencing easements and rights -of -way which render the system inaccessible to equipment necessary to perform maintenance and repairs. (4) It shall be unlawful for any person to connect any pipe, open channel, or any other conveyance system that discharges anything except stormwater or exempted discharges listed in section 16 -0270 of this chapter to the city separate stormwater system. Illicit connections will be disconnected and redirected to the city sanitary sewer system upon approval by the water /sewer manager at the expense of the responsible person. (5) It shall be unlawful to increase stormwater quantity discharged to the city separate stormwater system without an accepted stormwater management plan. Sec. 16-050. The Department responsibilities for stormwater management. The Department shall be responsible for the management, maintenance, and improvement of the city's separate stormwater system, including activities necessary to control and monitor stormwater runoff quantity and quality. The Department will: (1) Administer the city's stormwater management program; 5 1 1 1 (2) Coordinate acceptance of stormwater management plans with city engineering with final acceptance based upon recommendations from the city engineer, (3) Direct operations and maintenance of the city's stormwater facilities to ensure optimal levels of service; (4) Establish and update this chapter and the stormwater management manual to include development standards and guidelines for regulating quantity and quality of stormwater runoff in compliance with NPDES permit requirements and changes in federal and state regulations; (5) Monitor private property discharges to the city separate stormwater system; (6) Take immediate steps to minimize effects of accidental discharges of pollutants into the city's stormwater system; (7) Develop stormwater educational and public awareness programs Sec. 16 -060. Criteria for variance. For those situations when enforcement of this chapter will not enhance stormwater quality or reduce the impact of additional discharges, a variance may be granted. The following must be met prior to consideration of a variance request. If there is: (1) No change to the rate, volume or concentration of runoff; (2) No negative impact on any wetland, watercourse, or waterbody; (3) No degradation of water quality; and (4) No increase in base flood elevation within the special flood hazard area based on National Flood Insurance Program maps. Sec. 16 -070. Variance procedures. (a) All requests for a variance shall be submitted in writing to the director and shall state the specific variance requested, with supporting data, and reasons why a variance should be granted. (b) The stormwater management director will conduct a review and render a decision within teri working days of receiving the request. Sec. 16 -080. Inspections. The Department may inspect, survey, and monitor any stormwater facility, public or private, for reasons including but not limited to the following: (1) To ensure compliance with an accepted stormwater management plan; (2) To conduct sampling of any substance or parameters at any location; (3) To investigate suspicious discharges including illicit connections and spills; (4) To ensure all stormwater facilities are operational to the maximum extent practicable. Sec. 16 -090. Powers and authority of inspectors. The Director or other employees of the city bearing proper identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, testing. The city reserves the right to perform emergency repairs or maintenance to any portion of any stormwater system, public or private, when the stormwater system impacts a public stormwater system. Sec. 16 -100. Discharge violation; remediation plan. (a) Whenever the director or his designee finds that any person has violated or is violating this chapter, he shall serve upon such person a written notice stating the nature of the violation, notice to cease all activities in violation of this chapter, and the potential penalty involved. 6 1 1 1 (b) Upon determination that a violation of this chapter has occurred, a formal notice of violation shall be sent to the person from the director of stormwater management within five working days. (c) Upon receipt of notice of violation, the person shall submit a remediation schedule to the director within ten working days. All corrective measures shall be completed within 30 days of the initial notice of violation. Sec. 16 -110. Emergency conditions. If a condition presents an immediate danger to the public health, safety, or general welfare because of unsafe conditions or improper maintenance, the city shall have the right, should the owner not take immediate action, to make necessary corrections to protect the public and to make the facility safe at the expense of the responsible person. Sec. 16 -120. Enforcement. Enforcement of this chapter is final unless the person submits a written request for a hearing within ten days of the notice of violation being served. (Ord. of 12- 7- 1995(1), § 1) Sec. 16-130. Appeals. (a) Any person aggrieved by a decision of the director may appeal same by filing a written notice with the director within ten working days of the action by the director. A notice of appeal shall state the specific reasons why the action of the director has adversely affected the person. (b) The director shall prepare and send to the appellant a written response within ten working days of receipt of the appeal. (c) Shall the appellant be dissatisfied, an appeal with the city manager may be requested within ten working days. The hearing shall be held within 30 days after receipt or on a date mutually agreed upon by the appellant and the city manager. The city manager shall then make his findings in writing within ten working days of the appeal hearing. Sec. 16-140. Penalty, costs. Any person who is found to have willfully and negligently failed to comply with any provision of this chapter, and the orders, rules, and regulations issued hereunder, shall be subject to a penalty not to exceed $1,000.00 or imprisonment or both. Each day in which a violation shall occur or continue to occur shall be deemed a separate and distinct offense. In addition to the penalties provided in this section, any person violating any provision of this article shall become liable to the city for any expense, loss, or damage incurred by the city by reason of such violation. ARTICLE B. STORMWATER MANAGEMENT FOR DEVELOPMENT ACTIVITIES Sec. 16 -150. Exemptions from stormwater management plan submittal. The following development activities are exempt from stormwater management plan submittal: (1) Mining operations or oil and gas exploration, production, processing or treatment operations or transmission facilities, provided the stormwater runoff from these operations is composed entirely of flows which are from conveyances or systems of conveyances used for collecting and conveying precipitation runoff and which are not contaminated by contact with or that has not 7 1 1 1 come into contact with any overburden, raw material, intermediate products, finished product or byproduct located on the site of such operations; (2) Minor development activities such as home gardens and individual home landscaping, individual residential repairs, individual residential maintenance work, and other individual residential activities which result in minor soil erosion as determined by the director, (3) Agriculture] practices; Sec. 16-160. Stormwater management plan requirements. A stormwater management plan shall include as a minimum the following: (1) Site plan which conforms to all pertinent provisions of the subdivision regulation ordinance; (2) Soil erosion/sediment control plan; (3) Drainage report. The drainage report will contain a narrative that discusses pre - and post- development conditions and impacts for all upstream and downstream stormwater management facilities. The report shall include a site location plan, a detailed site plan for both the pre- and post - development conditions, pre - and post development watershed boundaries, and all runoff and drainage system design calculations for the proposed development for the one -, five -, ten -, and 25 -year 24 -hour storms. Drainage calculations shall be performed using methods accepted by the director, as specified in the stormwater management guideline for private development activities. (4) For development activities in the special flood hazard areas (zones A, V, AE, and VE on the latest Federal Emergency Management Agency /National Flood insurance rate maps), areas that are known to have flooded repetitively, or areas where a hydrologic model predicts flooding will occur in the 100 -year, 24 hour event, the developer must demonstrate that the 100 -year flood elevations will have no increase resulting from development activity. Sec. 16 -170. Stormwater management plan acceptance. (a) Unless the development is specifically exempted in section 16 -150 from requiring a stormwater management plan, any person planning a development shall submit to the permit center, three copies of a stormwater management plan for review and acceptance. (b) All stormwater management plans shall be reviewed by the director or designated representative, based on the requirements of this chapter and all federal and state requirements. Plans may be accepted, rejected, or conditionally accepted pending modifications. (c) Acceptance of a stormwater management plan will be acknowledged by a response from the director or his designated representative and will be valid for one year. Acceptance of a plan is solely an acknowledgment of satisfactory compliance with the requirements of these pertinent regulations and does not constitute a representation or warranty to the applicant or any other person concerning the safety, appropriateness , comprehensiveness, or effectiveness of any provision or omission from the stormwater management plan. Sec. 16 -180. Requirements and procedures for modifications and renewals of accepted stormwater management plans. (a) If construction does not begin within one year after stormwater management plan acceptance, it will be necessary to renew the acceptance of the stormwater management plan. (b) All requests for modifications and renewals shall be submitted in writing to the director and shall include justification for the request. The director or his designated representative shall review and make a determination on the request within ten working days. (c) Acceptance of a stormwater management plan will be acknowledged by a response from the director or his designated representative and will be valid for one year. Acceptance of a plan is 8 1 1 1 solely an acknowledgment of satisfactory compliance with the requirements of these pertinent regulations and does not constitute a representation or warranty to the applicant or any other person concerning the safety, appropriateness, comprehensive, or effectiveness of any provision or omission from the stormwater management plan. Sec. 16 -190. Minimum stormwater system design standards. (a) There shall be no increase in the base flood elevation within the special flood hazard area (SFHA), as delineated by the latest National Flood Insurance Program (NFIP) maps, or in any areas that are known to have flooded repetitively, or areas where a hydrologic model predicts flooding will occur in the 100 -year, 24 -hour event. Where hydrologic model results are conflicting, the stormwater management director shall decide which model will be used. (b) Finished floor elevations for structures not included in the special flood hazard area shall be equal to or higher than that shown on the original subdivision plat or neighborhood grading and drainage plan or as determined by a registered civil engineer. (c) The post-development peak rate of runoff cannot exceed the predevelopment peak rate of runoff for the one-, five -, ten-, and 25 -year 24 hour events. Exception to this requirement shall be made for single -family homes provided that post-development run -off does not exceed 1 cubic feet per second (CFS). Exception shall also be made for single family lots that lie within a subdivision with an approved drainage plan. (d) In all submittals, if drainage calculations indicate that post - development runoff will exceed predevelopment runoff, then on-site detention for the one -, five -, ten-, and 25 -year 24 -hour events is required at a discharge rate equal to or less than the pre- developed 24 -hour peak rate of discharge for all storm events from the one-, five -, ten -, and including the 25 -year event, or the capacity of the existing downstream conveyance system must be upgraded in opacity to accommodate the additional 25-year, 24 -hour discharge generated by the new development. On projects that lie within drainage basins for which the City believes to have insufficient outfall or has knowledge of flooding that would be intensified by the proposed development, the 50- and 100 -year events will also be considered in the drainage and drainage calculations. Where outfall is not existing or feasible, the City may allow retention. Storm water management by retention will be for all events up to and including the 100 -year storm. (e) Drainage easements. The width and configuration requirements of drainage and maintenance easements /rights -of -way are listed in section 2.30 of the Stormwater Management Guide for Private Development. ARTICLE C. STORMWATER QUALITY Sec. 16-200. Exemptions. The following discharges are exempt from the discharge limitations set forth in section 4 -11028 of this chapter: (1) Water line flushing and other discharges from potable water sources; (2) Landscape irrigation and lawn watering; (3) Irrigation water; (4) Diverted stream flows; (5) Rising groundwaters; (6) Infiltration to separate storm drains; (7) Uncontaminated pumped groundwater; (8) Foundation and footing drains; (9) Water from crawl space pumps; 9 1 1 1 (10) Air conditioning condensation; (11) Springs; (12) Individual residential car washing, (13) Snowmelt; (14) Flows from riparian habitats and wetlands; (15) Dechlorinated swimming pool discharges; (16) Flows from firefighting. Sec. 16-210. Stormwater discharge limitations. Discharges to the city's separate stormwater system shall, to the maximum extent practicable, not create a nuisance, cause interference with the legitimate use of city separate stormwater system, and shall not create the following conditions: (1) Foam or floating, suspended or deposited macroscopic particulate matter; (2) Bottom deposits or aquatic growth; (3) Alteration of temperature, turbidity, or apparent color beyond present natural background levels; (4) Visible, floating, suspended, or deposited oil, grease, or any products of petroleum origin; (5) Toxic or deleterious substances to be present in concentrations or quantities which will cause harmful effects on aquatic biota, wildlife, or waterfowl, or which render any of these unfit for human consumption either at levels created in the receiving waters or as a result of biological concentration. (Ord. of 12- 7- 1995(1), § 1) Sec. 16 -220. Accidental discharge reporting requirements. In the event of an accidental discharge to the city's separate stormwater system of any material or substance other than stormwater runoff or those discharges specifically excluded in section 16- 200, the stormwater department shall be contacted immediately of the nature, quantity and time of occurrence of the discharge. The responsible party shall take immediate steps to contain, treat or to otherwise minimize effects of the discharge on the city's system and receiving streams. immediate steps shall be taken to ensure no recurrence of the discharge. A written report addressed to the director of stormwater management detailing the date, time, cause, quantity, and characteristics of the discharge and the corrective and preventative actions taken will be sent to the director within five working days of the incident. Sec. 16-230. Industrial/commercial activities. (a) Any industry that discharges directly into the City of Tybee Island separate stormwater system and is required to obtain an individual NPDES permit is required to submit a copy of the NPDES permit and EPA form 2F or any that supersede it to the director. Additionally a site plan with drainage system and type and amount of discharge shall be included with the submittal. (b) Any industrial or commercial activity not required to obtain an individual NPDES permit as defined by the Standard Industrial Codes (SIC) in 40 CFR 122, 123, and 124 but discharges stormwater to the city separate stormwater system is required to submit to the director the type of industrial/commercial activity, type of discharge, a site map with internal drainage system, and point of connection or discharge to the city separate stormwater system. It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island, 10 1 1 1 Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such intention. This Ordinance shall become effective on day of f- , 2009. , ADOPTED THIS -it DAY OF /-4..'t k , 2009. ATTEST: CLERK OF COUNCIL FIRST READING: 1 SECOND READING: ENACTED: le"fy 0413101iTYBEE/ORDINANCES/2009/05-2009 Stormwator Management 02.05.09