OI_16-51_At Beach Homes LLC

Oak Island 0116.51
Local Government Permit Number
CAMA
MINOR DEVELOPMENT i
t
PERMIT
as authorized by the State of North Carolina, Department of Environmental,
Quality and the Coastal Resources Commission for development
In an area of environment concern pursuant to Section 113A-118 of the
General Statutes, "Coastal Area ManagemenC
Issued to At Beach Homes, LLC, authorizing development in the Ocean Hazard (AEC) at 6961 Kings Lynn Dr., in Oak
Island, as requested in the permittee's application, dated 7/22/2016. This permit, issued on 8/05/2016, is subject to
compliance with the application and site drawing (where consistent with the permit), all applicable regulations and
special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment
or civil action, or may cause the permit to be null and void.
This permit authorizes: the construction of a single family residence, retaining wall and pool with associated development.
(1) All proposed development and associated construction must be done in accordance with the permitted work plat
drawings(s) dated received on 7/15/2016,
(2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations,
applicable local ordinances and FEMA Flood Regulations.
(3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and
modification of this permit.
(4) A copy of this permit shall be posted or available on site. Contact this office at [phone] for a final inspection at
completion of work.
(Additional Permit Conditions on Page 2)
This permit action may be appealed by the pennittee or other qualified persons
within twenty ssi days of the issuing date. This permit must be the project
site and accessible to the permitin officer when the project is inspected for
compliance. Any maintenance work or project modification not covered under
this permit, require further written permit approval. All work must cease when this Donna F. Coleman
permit expires on: -CAMA LOCAL PERMIT OFFICIAL
DECEMBFI2 31, 2019 �4:i�PE
4601 E. Oak Island Dr.
In issuing this permit it is agreed that this project is consistent with the local Lan Oak Island, 28465
Use Plan and NI applicable ordinances. This permit may not be transferred to
another party without the written approval of the Division of Coastal
Management. RMI EE
required ifconditionsp + epLtli r ib
DCM WILMINGTON, NC
AUG 16 2016

Name: At Beach Homes, LLC
Minor Permit # 0116-51
Date: 8/05/2016
Page 2
(5) The structure must set back a minimum of 60 feet from the first line of stable natural vegetation as determined by
DCM of the LPO for the Town of Oak Island.
(6) The permittee is required to contact the Local Permit Officer [phone], shortly before he plans to begin
construction to arrange a setback measurement that will be effective for sixty (60) days barring a major shoreline
change. Construction must begin within sixty (60) days of the determination or the measurement is void and must
be redone.
(7) All buildings constructed within the ocean hazard area shall comply with the NC Building Code, including the
Coastal and Flood Plain Construction Standards of the N. C. Building Code, and the Local Flood Damage
Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code
or a flood damage prevention ordinance are inconsistent with any of the following AEC standards, the more
restrictive provision shall control.
(8) All buildings must be elevated on pilings with a diameter of at least 8 inches in diameter'rf round, or 8 inches to a
side if square; and the first floor level of the sills and joists must meet the 100-year flood level elevation.
(9) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structure.
(10)Dune disturbances will be allowed only to the extent necessary for development and if the dune's protective value is
not weakened or reduced. Disturbed dune areas will be immediately stabilized.
(11)AII unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective
sedimentation and erosion control measures. Disturbed areas shall be vegetatatively stabilized (planted and
mulched) within 14 days of construction completion.
(12)Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by
changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two years of the time
when it becomes imminently threatened and in any case upon its collapse or subsidence. However, if natural
shoreline recovery or beach renourishment takes place within two years of the time the structure becomes
imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or
dismantled at that time. This condition shall not affect the permit holders right to seek authorization of temporary
protective measures allowed under CRC rules.
(13) The accessway over the dunes must not exceed six feet in width and shall provide only pedestrian access to the
ocean beach. The accessway must be constructed so as to make negligible alterations to the frontal dunes. That
portion of the accessway crossing the frontal dune must be constructed on raised posts or pilings of five feet or less
in depth, so that wherever possible only the posts or pilings touch the frontal dunes without any alteration to the
dunes. In no case shall the dune be altered so as to significantly diminish its capacity as a protective barrier against
flooding and erosion.
(14) Swimming pool surrounds are limited to Win all dimensions.
fill
SIGNA
PERMITTEE
DATE: Sl 6 /7CP
RECEIVED
DCM WILMINGTON, NC
AUG 1 6 2016

fl-�' I
Locality 00*— lt'16118 Permit Number
Ocean Hazard ✓ Estuarine Shoreline ORW Shoreline Public Trust Shoreline Other —714
(For official use only)
GENERAL INFORMATION l(a 03AI3038 O.
LAND OWNER 7� 15(
Name: r YT 11 &Ch lIrAOl)t 25 . l
Address: ' _N Ud Z ';- TL C1o1 Qb VaAJW ( A
City: State: ►QQi Zip:7A-T-71 Phone: &b& - tD&3 --�3?�
AUTHORIZED AGENT
Name: 6&�Ag -5U %\ &t_n S
ilddress:
City: t��x_ Iru1 l State:,L Zip: -2tLCOC Phone:
LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of the
adjacentwaterbody.) t-C{(9) IGP/tCS 1Pr'1 DI - i 77- -A-11.akiA 6"
DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) r%W 00054 • St M S w
SIZE OF LOT/PARCEL:-374-la square feet acres
PROPOSED USE: Residential (Single-family ❑ Multi -family ❑) Commerical/Industrial ❑ Other ❑
TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA OF
ENVIRONMENTAL CONCERN (AEC): 9W square feet (includes air conditioned living space, parking elevated
above ground level, non -conditioned space elevated above ground level but excluding non -load -bearing attic space)
COASTAL SHORELINE AREA OF ENVIRONMENTAL CONCERN AECs :SIZE OF BUILDING FOOTPRINT
AND OTHER IMPERVIOUS OR BUILT -UPON SURFACES: [oK?.(rsquare feet (includes the area of the roof/drip line
of all buildings, driveways, covered decks, concrete or masonry patios, etc. that are within the applicable AEC. Attach
your calculations with the project drawing.)
Choose the AEC area that applies to your property:
(1)within 75 feet of Normal High Water for the Estuarine Shoreline AEC
(Zllwithin 575 feet of Normal High Water for the Estuarine Shoreline AEC, adjacent to Outstanding Resource Waters
(3)within 30 feet of the Public Trust Shoreline AEC
(Contact your Local Permit Officer if you are not sure which AEC applies to your property.)
STATE STORMWATER MANAGEMENT PERMIT: Is the project located in ea subjecOV a State Stormwater
Management Permit issued by the NC Division of Water Quality? YES NO C]
If yes, list the total built upon area/impervious surface allowed for your lot or parcel(PA73 squarefeet.
DECEIVED
DCM WILMINGTON, NC
JUL 2 0 2016

OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA minor development permit
As a service we have compiled a listing of the kinds of permits that might be required. We suggest you check over the list with your LPO to
determine if any of these apply to your project. Zoning, Drinking Water Well, Septic Tank (or other sanitary waste treatment system), Building,
Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certification, Sand Dune, Sediment Control,
Subdivision Approval, Mobile Home Park Approval, Highway Connection, and others.
STATEMENT OF OWNERSHIP:
I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or
a person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the
person listed as landowner on this application has a significant interest in the real property described therein. This interest
can b described as: (check one)
Vowner or record title, Title is vested in , see Deed Book 3S39Z
page 113(4 in the _GLA6u2tyeCounty Registry of Deeds.
❑ an owner by virtue of inheritance. Applicant is an heir to the estate of
probate was in County.
❑ if other interest, such as written contract or lease, explain below or use a separate sheet and attach to this application.
I i i i i
NOTIFICATION OF ADJACENT PROPERTY OWNERS:
I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given
ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit.
(Name) iAddress)
(1) P��t�n� Z L%�,r►e� 12�1 C'ntJ1[1p �+. 'iCQ.�lee15IBC- zglni'S'
(2) M13 -2 n4n D<� I t t ?o T�CM )% Vy)C,(5VW I td INC,
(3)
(4)
FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS:
I acknowledge that the land owner is aware that the proposed development is planned for an area which may be
susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the particular
hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabilization
and floodproofing techniques.
PERMISSION TO ENTER ON LAND:
I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer and his agents
to enter on the aforementioned lands in connection with evaluating information related to this permit application.
This application includes: general information (this form), a site drawing as described on the back of this application, the
ownership statement, the AEC hazard notice where necessary, a check for $100.00 made payable to the locality, and any
information as may be provided orally by the applicant. The details of the application as described by these sources are
incorporated without reference in any permit which may be issued. Deviation from these details will constitute a violation
of any permit. Any person developing in an AEC without permit is subject to civil ' inal and administrative action.
day of �J �, 201
mdowner or person authorized t� � p
for purpose of filing a CAM pft�� 8N, NC
JUL 2 0 2016

\< AEC HAZARD NOTICE
Project Is In An: Ocean Erodible Area High Hazard Flood Area _� Inlet Hazard Area
Property Owner: " zPc rj'l mML, J i � '
Property Address: (_O cka i b nj1 S L-41
Date Lot Was Platted: le IZ / 0te
This notice is intended to make you, the applicant, aware of the
special risks and conditions associated with development in this
area, which is subject to natural hazards such as storms, erosion
and currents. The rules of the Coastal Resources Commission
require that you receive an AEC Hazard Notice and acknowledge
that notice in writing before a permit for development can be
issued.
The Commission's rlrles on building standagds, oceanfront
setbacks and dune alterations are designed to minimize, but not
eliminate, property loss from hazards. By granting permits, the
Coastal Resources Commission does not guarantee the safety of
the development and assumes no liability for future damage to
the development. Permits issued in the Ocean Hazard Area of
Environmental Concern include the condition that structures be
relocated or dismantled ifthey become imminently threatened by
changes in shoreline configuration. The structure(s) must be
relocated or dismantled within two (2) years of becoming
imminently threatened, and in any case upon its collapse or
subsidence.
The best available information, as accepted by the Coastal
Resources Commission, indicates that the annual long-term
average ocean erosion rate for the area where your property is
located is a feet per year.
The rate was established by careful analysis of aerial photographs
of the coastline taken over the past 50 years.
Studies also indicate that the shoreline could move as much as
_feet landward in a major storm.
The flood waters in a major storm are predicted to be about
_feet deep in this area.
Preferred oceanfront protection measures are beach nourishment
and relocation of threatened structures. Hard erosion control
structures such as bulkheads, seawalls, revetments, groins, jetties
and breakwaters are prohibited. Temporary sand bags may be
authorized under certain conditions.
The applicant must acknowledge this infommation and requirements
by signing this notice in the space below. Without the proper
signature, the application will not be complete.
!�'/(G
Annlicant nature Date
SPECIAL NOTE: This hazard notice is required for development
in areas subject to sudden and massive storms and erosion. Permits
issued for development in this area expire on December 31 ofthe
third year following the year in which the permit was issued.
Shortly before work begins on the project site, the Local Permit
Officer must be contacted to determine the vegetation line and
setback distance at your site. If the property has seen little change
since the time ofpermit issuance, and the proposed development
can still meet the setback requirement, the LPO will inforin you
that you may begin work. Substantial progress on the project
must be made within 60 days of this setback determination, or
the setback must be remeasured. Also, the occurrence ofa major
shoreline change as the result ofa storm within the 60-day period
will necessitate remeasurement of the setback. It is important
that you check with the LPO before the permit expires for official
approval to continue the work after the permit has expired.
Generally, if foundation pilings have been placed and substantial
progress is continuing, permit renewal can be authorized. It is
unlawful to continue work after permit expiration.
For more information, contact:
�1rlGc� COhcf�t-�,-,
Local Permit Officer
(- WI Fast Oct T_-,icnd D)
Address
Locality
Rto - a o I - S-G0CD
Phone Number
?� P,FCEIVED
11151 I (a
RECEIVED
uCM WILMINGTON, NC
JUL 2 0 2016

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AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Applying for Permit: )A+ � t-LC .
Mailing address: 1 `-1 ce a
Phone Number: U ALP (P k 3 -- U 3- l
I certify that I have authorized —jSA ( j-a4 S T✓, 0
Agent / Contractor
to act on my behalf, for the purpose of applying and obtaining all CAMA permits
necessary for the proposed development of l9 CC 3'I i (t/" S L
w
at my proppe"rty located at (0 4 3-1 1� i R� S L.-`+ n ✓)
in &tr u n5cw C.K_-. County.
This certification is valid through 7/ I 1-1
Date
(Property Owner Information)
Signature
Print or Type Name
[V\m- 6M- MRNAGTtP=
Title
1 at5, if,
Date
�Qgt-683-6317
Phone Number
RECEIVED
DCM WILMINGTON, NC
1
JUL 2 0 2016

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Date
rnF2V QD�LP5--U L
Adjacent Property Owner
Mailing Address1O
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City, State, Zip Code
Receipts for
Certified Mail
(Staple Here)
Dear Adjacent Property:
12 c42sh Y�rvtc..r
This letter is to inform you that I, - �1-l4it e�St have applied for a CAMA Minor
Property Owner r�
Permit on my property at o I i 0 G S ". Vl0 in Brunswick
Property Address
County. As required by CAMA regulations, I have enclosed a copy of my permit application and project
drawing(s) as notification of my proposed project. No action is required from you or you may sign and return
the enclosed no objection form. If you have any questions or comments about my proposed project, please
contact me at LOW - to k3 'tA 311 ,or by mail at the address listed below. If you wish to
Applicants Telephone
file written comments or objections with the Town of Oak Island CAMA Minor Permit Program, you may submit
them to:
Donna F. Coleman
Local Permit Officer for the Town of Oak Island
4601 E. Oak Island Dr. RECEIVED
Oak Island, NC 28465 DCM WILMINGTON, NG
Sincerely, JUL 2 0 2016
s G,
LLo-
Owner all.-IIIIIIPostal Servicer.
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Dear Adjacent Property:
This letter is to inform you that I, Cfa+ Ql1 l hcau¢S i LLC) have applied for a CAMA Minor
I i Property Owneri i
Permit on my property at (9CCLO\ in Brunswick
Prdperty Add
County. As required by CAMA regulations, I have enclosed a copy of my permit application and project
drawing(s) as notification of my proposed project. No action is required from you or you may sign and return
the enclosed no objection form. If you have any questions or comments about my proposed project, please
contact me at ( 01W — (O&B - (o 3Z ,or by mail at the address listed below. If you wish to
Applicants Telephone
file written comments or objections with the Town of Oak Island CAMA Minor Permit Program, you may submit
them to:
Donna F. Coleman
Local Permit Officer for the Town of Oak Island
4601 E. Oak Island Dr.
Oak Island, NC 28465
Sincerely,
Property Owner
1(I t.t? Zs "e„(In� p Cleo" Dt
Mailing Address
o h� O- Z! —
City, State, Zip Code
RECEIVED
DCM WILMINGTON, NC
JUL 2 0 2016

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U.S. DEPARTMENT OF HOMELAND SECURITY OMB No. 1660-0008
Federal Emergency Management Agency Expiration Date: November 30, 2018
National Flood Insurance Program
ELEVATION CERTIFICATE
Important: Follow the instructions on pages 1-9.
Copy all pages of this Elevation Certificate and all attachments for (1) community official, (2) insurance agenticompany, and (3) building owner.
SECTION A —PROPERTY INFORMATION
FOR INSURANCE COMPANY USE
Al. Building Owner's Name
Policy Number.
RAKISH KUMAR
A2. Building Street Address (including Apt., Unit, Suite, andfor Bldg. No.) or P.O. Route and
Company NAIC Number.
Box No.
6961 KING'S LYNN DRIVE
City State ZIP Code
OAK ISLAND North Carolina 28466
A3. Property Description (Lot and Block Numbers, Tax Parcel Number, Legal Description, etc.)
LOT 5, THE POINT, M.C. 28, PG. 471, TAX PARCEL # 2330BOO505
A4. Building Use (e.g., Residential, Non -Residential, Addition, Accessory, etc.) RESIDENTIAL
A5. Latitude/Longitude: Lat. 33.91543 Long,-78.23321 Horizontal Datum: ❑ NAD 1927 ❑ NAD 1983
A6. Attach at least 2 photographs of the building if the Certificate is being used to obtain flood insurance.
AT Building Diagram Number 6
A8. For a building with a crawlspace or enclosure(s):
a) Square footage of crawlspace or enclosure(s) 30 sq It
b) Number of permanent flood openings in the crawlspace or enclosure(s) within 1.0 foot above adjacent grade 0
c) Total net area of flood openings in AB.b 0 sq in
d) Engineered flood openings? ❑ Yes Z No
A9. For a building with an attached garage:
a) Square footage of attached garage 0 sq ft
b) Number of permanent flood openings in the attached garage within 1.0 foot above adjacent grade 0
c) Total net area of flood openings in A9.b 0 sq in
d) Engineered flood openings? []Yes ❑x No
SECTION B — FLOOD INSURANCE RATE MAP (FIRM) INFORMATION
Bt. NFIP Community Name & Community Number
B2. County Name
B3. state
OAK ISLAND 370523
BRUNSWICK
North Carolina
B4. Map/Panel
B5. Suffix
66. FIRM Index
B7. FIRM Panel
B8. Flood Zone(s)
B9. Base Flood Elevatton(s)
Number
Date
Effective/
(Zone AO, use Base
Revised Date
Flood Depth)
372020360012036
J
10/16/2016
06/02/2006
VE
22
B1 O. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth entered in Item 139:
❑ FIS Profile ❑x FIRM ❑ Community Determined ❑ Other/Source:
811. Indicate elevation datum used for BFE in Item B9: ❑ NGVD 1929 ❑x NAVD 1988 ❑ Other/Source:
B12. is the building located in a Coastal Barrier Resources System (CBRS) area or Otherwise Protected Area (OP�3-C�.-Y� I l�
VEID
Designation Date: ❑ CBRS ❑ OPA DCM WILMINGTON,
FEMA Farm 086-0-33 (7115) Replaces all previous editions. Form Page 1 of 6
NC

ELEVATION CERTIFICATE
OMB No. 1660-0008
Expiration Date: November 30, 2018
IMPORTANT: In these spaces, copy the corresponding information from Section A.
FOR INSURANCE COMPANY USE
Building Street Address (Including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No.
Policy Number.
6961 KING'S LYNN DRIVE
City State ZIP Code
Company NAIC Number
OAK ISLAND North Carolina 28465
SECTION C - BUILDING ELEVATION INFORMATION (SURVEY REQUIRED)
C1. Building elevations are based on: ❑x Construction Drawings* ❑ Building Under Construction* ❑ Finished Construction
*A new Elevation Certificate wiN be required when construction of the building is complete.
C2. Elevations —Zones At—A30, AE, AH, A (with BFE), VE, VI—V30, V (with BFE), AR, AR/A, ARIAE, ARIA1—A30, ARIAH, AR/AO.
Complete Items C2.a—h below according to the building diagram specified in Item AT In Puerto Rico only, enter meters.
Benchmark Utilized: NC VRS Vertical Datum: NAVD 1988
Indicate elevation datum used for the elevations in items a) through h) below.
❑ NGVD 1929 Fx� NAVD 1988 ❑ OtherlSource:
Datum used for building elevations must be the same as that used for the BFE.
Check the measurement used.
a) Top of bottom floor (including basement, crawlspace, or enclosure floor) 9 5
feet ❑ meters
b) Top of the next higher floor 25.2
x❑ feet ❑ meters
c) Bottom of the lowest horizontal structural member (V Zones only) 23. 0
x❑ feet ❑ meters
d) Attached garage (top of slab)
❑X feet ❑ meters
e) Lowest elevation of machinery or equipment servicing the building 23.0
El feet ❑ meters
(Describe type of equipment and location in Comments)
t) Lowest adjacent (finished) grade next to building (LAG) 9.0
FxJ feet ❑ meters ..
g) Highest adjacent (finished) grade next to building (HAG) 9.4
❑x feet ❑ meters j
h) Lowest adjacent grade at lowest elevation of deck or stairs, including 9.0
❑X feet ❑ meters
structural support
SECTION D — SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION
This certification is to be signed and sealed by a land surveyor, engineer, a architect authorized by law to certify elevation information.
certify that the information on this Certificate represents my best efforts to interpret the data available. I understand that any false
statement may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001.
Were latitude and longitude in Section A provided by a licensed land surveyor? 0 Yes ❑ No
❑ Check here if attachments.
Certifier's Name License Number
THOMAS D. VON CANON L-3586
r'r}'
9f/JS1"$�pFESg�Q�
�-� f"
Title
PRESIDENT
Company Name
VCS BCO., INC. C-2160
$� r� '� �
7 gUR.ig�
�"�}, V%{'�
Address
i YAUPON WAY
City State ZIP Code
OAK ISLAND North Carolina 28465
Signature Date Telephone
07101t2016 [phone]
Copy all pages of this Elevation Certificate and all attachments for (1) community official, (2) insurance
ikfing owner.
Comments (including type of equipment and location, per C2(e), if applicable) DeH
,
BOTTOM ENCLOSURE IS ELEVATOR
AUG 1 6 2016
FEMA Form 086-0-33 (7/15) Replaces all previous editions. Form Page 2 of 6

Fill, lot. The amount of fill added to a lot will be no greater than one foot above the crown of the road or even
with the highest adjacent lot, whichever is greater, and will not be greater than is necessary to meet the health
department requirements for an improvement permit. Fill greater than one foot will have an engineered fill
plan for stabilization and stormwater retention. Lots requiring fill greater than one foot for the purposes of
elevating above flood for letters of map amendments through filling, leveling a lot with drastic elevations or
for the purpose of commercial stormwater designs may do so in accordance with sections 18-6-55 and 18-666.
Building height shall be measured from the average finished grade of the four corners of the structure.
fill in 'lr'14 kaZC J ff-C � 01"u'r"t �ratfs in ZH ?
V, cart' &kjric sysiCm
RECEIVED
DCM Wit-MINGTON, NC
AUG 1 6 2016

Attachment
CHAPTER 14 - ENVIRONMENT
ARTICLE III. - PROTECTION OF SAND DUNES, SEA TURTLES AND OTHER WILDLIFE HABITAT; SAND
MANAGEMENT PROJECTS
Sec. 14-121. - Definitions.
The following words, phrases, and terms, when used in this article, shall have meanings ascribed to
them in this section, except where the context clearly indicates a different meaning. Definitions of this
article shall be interpreted to be the same as those recognized by the state department of environment
and natural resources, the coastal resources commission, and/or the division of coastal management.
Adverse Impact means anything that would destroy, harm, impair, diminish, or degrade the value or
integrity of a sand dune for storm protection or wildlife habitat.
CAMA means the Coastal Area Management Act of 1974.
CRC means the state coastal resources commission.
Development means any activity in a duly designated area of environmental concern involving,
requiring, or consisting of the construction or enlargement of a structure; excavation, dredging, filling,
dumping, or the removal of clay, silt, sand, gravel, or minerals; bulkheading, driving of pilings, clearing or
installation of land as an adjunct of construction; alteration or removal of sand dunes, alteration of the
shore, bank, or bottom of the Atlantic Ocean or any bay, sound, river, creek, stream, take or canal.
Division of coastal management means a division of the state department of environment and natural
resources charged by the state with the administration and enforcement of the Coastal Area Management
Act of 1974.
Dunes (natural or manmade) means, for the purposes of the administration and enforcement of this
article, those dunes or berms and sand management project areas, either manmade or natural, in
existence as of December 10, 1999, and/or those restored by the town or other public entity. It shall also
apply to any placement of materials from any other soil deposition project undertaken after the adoption
of this article.
Dune System, Frontal Dune, means the first mound of sand located landward of the beach having
sufficient vegetation, height, continuity, and configuration to offer protective value.
Imminently threatened means the foundation of the primary structure is less than twenty (20) feet
from the toe of the erosion scarp andlor the septic system is exposed.
Invasive Exotic Species means a non-native or invasive vegetation, which, if left undisturbed by
manmade forces, will create a landscape comprised of a singular plant species.
Ocean beach means lands consisting of unconsolidated soil materials that extend from the mean low
water mark landward to the mean high water mark as surveyed by the U.S. Army Corps of Engineers in
January 2000; to a point where either the growth of vegetation occurs or a distinct change in slope of
elevation alters the configuration of landform, whichever is further landward.
Oceanfront private property means, for purposes of this article, oceanfront private property ends at
the mean high water mark as surveyed by the U.S. Army Corps of Engineers in January 2000.
PCA means the project cooperation agreement entered into by the town and the U. S. Army Corps of
Engineers prior to the commencement of the sea turtle habitat restoration project (sea turtle project), the
Wilmington Harbor section 933 project (harbor project), or any other sand placement project entered into
by the town and other government agency following the adoption of this article.
Secondary dune means, for the purposes of the administration and enforcement of this article, those
dunes or berms and sand management project areas, either manmade or natural, that meet the continuity of the;-)
existing surrounding primary frontal dunes. Regulations that apply to the frontal dunes aluo apply to d;g,, NC
secondary dunes.
AUG 1 6 2016

TOWN OF OAK ISLAND Agenda Item: Public Hearing 1
TOWN COUNCIL Date: April 25, 2016
AGENDA ITEM MEMO
Issue: Dune Protection Ordinance
Department: Planning & Zoning Administrator
Presented by: Jake Vares
Presentation: None
Estimated Time for Discussion: 15 Minutes
Subject Summary:
An appeal from members of the public to protect secondary dunes was heard by town leaders and staff was
directed to submit a dune protection ordinance text amendment. The attached newly proposed ordinance
language is placed in the Chapter 14 — Environment Article III - portion of the Town's Code of Ordinances.
Dune protection ordinances from many other municipalities were reviewed by staff and the content that was
considered exemplary was incorporated Into the text amendment. The Planning Board has voted to
recommend approval of this dune protection ordinance text amendment.
The dune protection ordinance adds definitions to provide more clarity. The purpose and intent is also
expanded and a caveat is added to state that the dune protection ordinance is consistent with the intent of
the Coastal Area Management Act (CAMA). A few more statements are included throughout the text
amendment to ensure that we are in compliance with state law and the Coastal Resource Commission (CRC).
Two of the primary sections that are added to are the enforcement and exemptions sections. The
enforcement section essentially gives the Town more authority to take corrective action, revoke permits, do
inspections, and issue stop work orders. The exemptions cover standard actions such as emergency vehicle
access, the removal of a small amount of sand, beach renourishment activities, projects already approved
through CAMA, and Town Council specifically -approved actions. The access provisions section was also
modified to include ADA and handicap access, signage requirements, and shared private access points. A
number of additional prohibited activities are added to Sec. 14-132. The prohibited activities are comprised
of planting invasive vegetation, digging, shelling, mining, obstructing access with tents, significantly altering
the dune, and removing vegetation. Three new sections were added to the end of the dune protection
ordinance to regulate non -conformities, designation of enforcement officials, and undue restriction. The non -
conformities portion is designed specifically to address permanent structures that become damaged. The
language states that it applies only to residential development and that they can rebuild access structures
like walk-overs that are damaged or destroyed greater than 50% of their replacement value. Sec. 14-146
spells out who the enforcement officials are and their duties and enforcement authority. The final Section 14-
147 was added in as a final measure to address potential regulatory taking situations which the Town has to
be careful to avoid because regulatory takings are illegal. A definition of secondary dune is also included with
a statement that says the regulations that apply to the frontal dunes also apply to the secondary dunes. The
text amendment also stipulates that when CAMA rules and Town rules both apply, the more restrictive
regulation must be followed.
RECEIVED
DCM WILMINGTON, NC
AUG 16 2016

Attachments: Proposed Text Amendment
Recommendation/Action Needed: Approval of the text amendments
Suggested Motion: 1 make a motion to approve the amendments to Sec. 14-121, 123, 126 through 132
and 145 through 147 as presented.
Funds Needed:
Follow Up Action Needed: Forward Recommendation to Town Council
Attachment
CHAPTER 14 - ENVIRONMENT
ARTICLE III. - PROTECTION OF SAND DUNES, SEATURTLES AND OTHER WILDLIFE HABITAT; SAND
MANAGEMENT PROJECTS
Sec. 14-121. - Definitions.
The following words, phrases, and terms, when used in this article, shall have meanings ascribed to
them in this section, except where the context clearly indicates a different meaning. Definitions of this
article shall be interpreted to be the same as those recognized by the state department of environment
and natural resources, the coastal resources commission, and/or the division of coastal management.
Adverse Impact means anything that would destroy, harm, impair, diminish, or degrade the value or
integrity of a sand dune for storm protection or wildlife habitat.
CAMA means the Coastal Area Management Act of 1974.
CRC means the state coastal resources commission.
Development means any activity in a duly designated area of environmental concern involving,
requiring, or consisting of the construction or enlargement of a structure; excavation, dredging, filling,
dumping, or the removal of clay, silt, sand, gravel, or minerals; bulkheading, driving of pilings, clearing or
installation of land as an adjunct of construction; alteration or removal of sand dunes, alteration of the
shore, bank, or bottom of the Atlantic Ocean or any bay, sound, river, creek, stream, lake or canal.
Division of coastal management means a division of the state department of environment and natural
resources charged by the state with the administration and enforcement of the Coastal Area Management
Act of 1974.
Dunes (natural or manmade) means, for the purposes of the administration and enforcement of this
article, those dunes or berms and sand management project areas, either manmade or natural, in
existence as of December 10, 1999, and/or those restored by the town or other public entity. It shall also
apply to any placement of materials from any other soil deposition project undertaken after the adoption
of this article.
Dune System, Frontal Dune, means the first mound of sand located landward of the beach having
sufficient vegetation, height, continuity, and configuration to offer protective value.
Imminently threatened means the foundation of the primary structure is less than twenty (20) feet
from the toe of the erosion scarp and/or the septic system is exposed.
Invasive Exotic Species means a non-native or invasive vegetation, which, if left undisturbed by
manmade forces, will create a landscape comprised of a singular plant species.
REC-'EiVED
DCM MLMINGTON, NC
AUG 1 6 2016

Ocean beach means lands consisting of unconsolidated soil materials that extend from the mean low
water mark landward to the mean high water mark as surveyed by the U.S. Army Corps of Engineers in
January 2000; to a point where either the growth of vegetation occurs or a distinct change in slope of
elevation alters the configuration of landform, whichever is further landward.
Oceanfront private property means, for purposes of this article, oceanfront private property ends at
the mean high water mark as surveyed by the U.S. Army Corps of Engineers in January 2000.
PCA means the project cooperation agreement entered into by the town and the U. S. Army Corps of
Engineers prior to the commencement of the sea turtle habitat restoration project (sea turtle project), the
Wilmington Harbor section 933 project (harbor project), or any other sand placement project entered into
by the town and other government agency following the adoption of this article.
Secondary dune means, for the purposes of the administration and enforcement of this article, those
dunes or berms and sand management project areas, either manmade or natural, that meet the continuity of the
existing surrounding primary frontal dunes. Regulations that apply to the frontal dunes also apply to the
secondary dunes.
Tents means a portable shelter supported by a framework of multiple poles (this is not to include
umbrellas, which have 1 supporting pole in the center of the shelter).
USACE means the United States Army Corps of Engineers.
Vehicle means a motor -driven or wind -powered vehicles, including fishing boats and amphibious
vehicles, but excluding sailboats used for sport, surfboards and amphibious vehicles which are afloat and
no portion of which is beached, aground, or operating on wheels or tracks.
(Ord. of 3-12-2002, ch. 5, an. 1, § 13)
Cross reference —Definitions generally, § 1-2.
Sec. 14-122. - Authority.
The Coastal Management Act of 1974 under G.S. 113A-117 enables local governments to
participate in the CAMA land use planning and permit -letting process. The town, by filing an affirmative
letter of intent, has adopted regulations with respect to the Coastal Area Management Act implementation
and enforcement plans; the town has entered into a project cooperation agreement with the U.S. Army
Corps of Engineers to provide vegetation and maintenance for the sea turtle habitat restoration project,
the Wilmington Harbor section 933 project, and G.S. 160A-364, which gives the authority to adopt and
amend ordinances related to the use of land.
(Ord. of 3-12-2002, ch. 5, art. 1, § 1.2)
Sec. 14-123. - Purpose and intent
Dunes, berms, and the public beach are the first lines of protection against hurricanes, seasonal
storms, natural erosion and other forces generated by the Atlantic Ocean. This article serves to protect,
preserve, and promote the natural and manmade dune structures relied upon by the town to provide
protection against the eroding effects of wind and water. This article shall also provide regulations to
protect the health, safety, and general welfare of the citizens and visitors to the beaches of the town. It is
also the intent of this article to promote awareness and protection of the habitat utilized by nesting sea
turtles and other wildlife along the beachfront areas of the town. The town acknowledges that
environmentally sensitive issues such as beach renourishment and the protection of endangered wildlife
are among its responsibilities in cooperation with other state and federal regulatory agencies, and that the
RECEIVED
DCM WILMINGTON, NC
Au, 1 6 2016

town must exercise its local initiatives to provide and promote an effective program for protection of its
ocean beaches.
These requirements are therefore adopted for the health, safety, and welfare of persons living and visiting
in the town and for the protection of public and private property. The town council does hereby find,
determine and declare that it is in the best interest of the town and its citizens and the property of its
citizens to preserve and protect the dunes as described in this article located within the town and
bordering the waters of the Atlantic Ocean.
The town council further find that dune protection as set forth in this article will work to preserve lives and
property of the citizens of the town, will work to protect the public streets within the town, will create a
greater awareness on the part of residents and property owners within the town of the effects of
uncontrolled dune alterations, will improve the town's ability to control alteration of dunes as described
herein, will permit the town to more effectively control the alteration of protective dunes and will create a
system of enforcing the regulations governing the alterations of dunes that will be equitable,
understandable and applied in uniform manner to all property owners within the town.
The town council further finds that the adoption of this article will not conflict with the requirements
established by the state under the Coastal Area Management Act but rather will create a regulatory
system consistent with the regulations promulgated under the Coastal Area Management Act and which
will operate to make those regulations promulgated under the Coastal Area Management Act more
effective.
(Ord. of 3-12-2002, ch. 5, art. 1, § 1.1)
Sec. 14-124. - Territorial coverage.
This article shall apply to dunes, berms, and any other landform or sand project placement or
management areas, both natural and manmade, and the vegetation located thereon, from the "mean low
water mark" extending landward to the "mean high water mark" as surveyed by the USACE in January
2000; to a distance equal to the Ocean Erodible Area and/or Inlet Hazard Area as shown on maps
compiled by the Division of Coastal Management, whichever distance is further landward. The maps shall
be available for public review at the Development Services Department.
(Ord. of 3-12-2002, ch. 5, art. 1, § 1.5)
Sec. 14-125. - Use and development coverage.
This article shall be applicable to all use of and development on ocean beaches in the town.
Included, but not limited to the following, are types of uses and development activity to which this article
applies. Specifically, this article is applicable to all oceanfront property owners intending to construct,
repair or replace decks, walkways, and/or steps for the purpose of gaining access to the public ocean
beach from private property along the oceanfront in the town. This article applies to all persons crossing
ocean beaches for the purpose of gaining access to the beaches and Atlantic Ocean.
(Ord. of 3-12-2002, ch. 5, art. 1, § 1.6)
Sec. 14-126. - Compliance.
Regulations have been drafted to protect specific areas and landforms; and prohibit projects and
development not specifically addressed by CAMA. Failure to comply with this article could result in
conviction and be punishable by fine or imprisonment, as provided by the state general statutes and town
ordinances. The town reserves the right to prosecute offenders and may use all authorized remedies
necessary, such as mandatory injunctions or abatement orders, to aid in the enforcement of this article.
RECEIVED
DCM WILMINGTON. NC
AUG 1 6 2016

If any provision of this chapter is in conflict with a rule adopted by the State Coastal Resources
Commission dealing with oceanfront erosion control or regulation of development as contained in 15A
NCAC 07H.300, then the rule or regulation shall control and apply in lieu of the provision of this chapter in
conflict therewith. When LAMA rules and town rules both apply the more restrictive regulation must be
followed.
(Ord. of 3-12-2002, ch. 5, art. 1, § 1.3)
Sec. 14-127. - Enforcement.
Violation of this article shall be punishable under section 1-7, up to $500.00 fine or 20 days in jail.
Anything placed in or on sand dunes or their designated access areas or attached to posts, ropes, sand
fences or signs may also be designated as litter and removed and disposed of by the town. All persons
are also notified that any person who shall be adjudged to have knowingly or willfully violated the
provisions of this article may also be guilty of a class II misdemeanor as defined in G.S. 113A-126(c) and
may also be subject to civil penalties as provided in G.S. 113A-126(d)(1)(2)(3) and (4).
(a) The property owner, as well as his or her agents, contractors, subcontractors, or employees, may
be held liable for the proper execution of any portion of work performed under the permit or
permits issued for such work.
(b) The Code Enforcement Official shall inspect every project approved under this section at least
one time after completion of the work and completion of any restoration or protection of
vegetation which he may prescribe.
(c) Any person violating the provisions of this section shall immediately undertake restoration or
replacement of such items in accordance with requirements of the Code Enforcement Official. In
the event such restoration or replacement is not completed within 30 days of the initial violation,
the town is authorized to undertake such restoration. All costs of such restoration or repair
incurred by the Town shall be deemed an additional civil penalty to be collected from the violator.
(d) In the event that an individual fails to comply with the requirements set forth in this subsection,
the Town shall have the authority to revoke all issued permits and issue stop work orders on the
real property on which the offense occurred until such time as the offender has come into
compliance with the provisions of this section.
(e) The provisions of this article may be enforced by an appropriate equitable remedy issued from a
court of competent jurisdiction.
(f) Failure to comply with this division or with the provisions of a permit or to perform the work as
proposed by the permit application shall result in the immediate issuance of a stop work order by
the building inspector.
(g) Failure of any person to comply with a stop work or restoration order issued by the building
inspector shall constitute a violation of this article subject to all the enforcement provisions of this
section,
(Ord. of 3-12-2002, ch. 5, art. 1, § 1.11; Amend. of July 13, 2010)
Sec. 14-128. - Exemptions.
Exempted from this article is the removal of sand, seashells, or similar materials for souvenirs in
amounts that can be carried on the person; or damage caused by rescue vehicles in an attempt to
gain emergency access to the public beach. Nothing in this section shall be deemed to allow any
acts which shall willfully damage or destroy vegetation as an exemption.
RECEIVED
GCM WILMINGTON, NC
AUG 1 6 2016

(a) Private and emergency vehicles authorized through the Town of Oak Island Police
Department and public vehicles are allowed to access the public beach by way of
designated, improved vehicular access -ways.
(b) The provisions of this section shall not apply to the town, the state or any agency of the
federal government, their contractors and subcontractors, while engaged in beach
restoration efforts on that portion of the beach lying within the boundaries of the town and
adjacent to the waters of the Atlantic Ocean, such beach restoration efforts to include, but be
limited to, beach bulldozing and the pumping or placing of sand on the beach strand.
(c) Areas designated in connection with approved residential or commercial facilities for the
installation or water and sewage systems are exempt if the proper permits obtained.
(d) Activities authorized by the town for beach renourishment and protection to include the
placement of any pipe lines required to permit the pumping of sand onto the beach are
exempt if the proper permits obtained.
(e) To the extent the provisions of this section conflict with any regulations adopted by agencies
of the state under the provisions of the Coastal Area Management Act or other acts of the
general assembly, then such rules or regulations adopted pursuant to such state statutes
shall control.
(f) Storage of small sailboats out of the public trust beach area and the tidal zone, provided
permission is granted by the oceanfront property owner.
(g) Work performed under the direction of the property owner to protect primary structures that
are imminently threatened as a result of severe erosion, provided the appropriate state
permit has been obtained.
(h) Work authorized by a general waiver by the town council following a natural disaster.
(Ord. of 3-12-2002, ch. 5, art. 1, § 1.4)
Sec. 14-129. - Access provisions.
(a) Town -owned and maintained street -end access points will employ sand walkovers, except those
required to be elevated by the PCA in the sea turtle project and at town -designated disability access
sites.
(b) For the purpose of establishing access points between town -owned and maintained street -end
access points, sand walkover access paths shall be located at approximately 180-foot intervals in
750-foot wide blocks, and at approximately 157-foot intervals where blocks between town -owned
street -end access points are approximately 320 feet wide. Town staff is authorized to vary distances
between access points established between town -owned street -end access points as may be
necessary to accomplish as nearly as possible equal distance between access points. Access paths
in the sea turtle project area shall be approximately six feet wide, except in those areas designated
for emergency vehicle access and town equipment access, which may be up to ten feet in width.
Access paths outside the sea turtle project and the harbor project shall be up to ten feet in width as
town staff determines necessary for emergency vehicle access and access for town equipment.
Emergency vehicle and town equipment access points shall be designated by town staff and clearly
marked as such. Unless required by the USACE pursuant to the PCA or other USACE agency rule,
wooden walkways or walkovers from private property onto public property will not be permitted. For
purposes of this article, private property ends and public property begins at the mean high water
mark as surveyed by the U.S. Army Corps of Engineers prior to placement of sand for the sea turtle
project or other sand placement projects.
(c) To protect and promote the vegetation placed by the town on the new sand dunes as required `b���the
PCA in the sea turtle project and for the purpose of protecting and promoting vegefe6mnftr�6JD
,'M WILMINGTON, NC
AUG 1 9 2016

the town on the new sand dunes in the area of the harbor project, pedestrian traffic shall not be
allowed across sand dune areas vegetated by the town. The town shall install sand fencing along the
landward side of the new sand dune, and post and rope fencing on the seaward side of the new
dune in the area of the sea turtle project. In the area of the harbor project, similar sand fencing
and/or post and rope fencing shall be put in place as areas are vegetated by the town or its
volunteers. Consistent with the number of access paths required in subsection (b) of this section
between town -owned street -end access points, exact location of sand fencing and post and rope
fencing on the sand dunes in the area of the harbor project may be varied in the discretion of town
staff as the beach profile and vegetation patterns become more established. Sand fencing will be
placed in a "U" configuration at accesses. (From "U", post and rope will be used to mark and
delineate access.)
(d) Garbage receptacles will be placed by the town on the seaward side of each town -owned street -end
access point and also on the landward side of the street -end access points. Other garbage
receptacles may, at the discretion of town staff, depending upon the amount of usage, be placed on
the seaward and/or landward side of non street -end access points.
(e) Individual oceanfront property owner access to the public beach will continue as before, and
placement of sand fencing and rope and post fencing shall not be done in such a manner as would
impair an oceanfront property owner from direct entry onto the public beach from his private
property. For the purposes of this article, private property ends and public property begins at the
mean high water mark as determined by the USACE survey in January 2000.
(f) Commercial beach access structures must meet commercial structure Americans with Disabilities Act
requirements according to the North Carolina Building Code.
(g) Signage less than one square foot instructing persons to avoid trespassing into the dunes, and rope
fence for pedestrian traffic control may be installed. Construction of such devices shall only be
permitted with the prior written consent of the Code Enforcement Official. Willful removal or damage
to any public or private approved dune stabilization device such as sand fencing or pedestrian
control mechanisms shall constitute a violation of the provisions of this section.
(h) The Town Council or their designee may grant an exception for private residential beach access
structures regarding horizontal and vertical development for purposes of allowing a handicapped
accessible structure to be built. These structures must meet the provisions of the NC Building Code.
(i) The town encourages adjoining property owners to construct centrally located shared beach access
structures where appropriate in order to reduce the overall number of structures on the beach. In
cases where shared structures are proposed, the property owners must submit a site plan and
restrictive covenants that indicate the location of the proposed structure and the proper restrictions
against construction of additional individual structures.
(Ord. of 3-12-2002, ch. 5, art. 1, § 1.8)
Sec. 14-130. - Decks, walkways and stairs; construction standards and development.
The following rules shall govern all development within the ocean erodible areas, the construction,
repair, or replacement of all oceanside decks, walkways and steps. In all cases, whether new
construction, repair, or replacement, the following standards and rules shall apply:
(1) No dune system shall be altered that will inversely impact the integrity of the dunes.
(4-2) Construction of decks, walkways, and steps shall be in accordance with the state building code
as the code may be amended from time to time.
(23) Where the height of the structure would cause steps to impede upon the public beach when
built as prescribed in this article, a landing may be built to allow steps to land in an easterly or
westerly direction, terminating on private property and meeting all required setbacks. A locaVED
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permit officer shall determine, based on findings following a site visit and after analyzing specific
site conditions, in which direction steps shall land. In no case shall the development exceed
what is absolutely necessary and required by the state building code for landings and
turnaround areas.
(34) If an additional set of steps that would terminate beneath the primary structure for access to
storage, parking, or shower facilities is desired by a property owner, this may be allowed as long
as the development would not increase damages to dunes or vegetation. In no case shall the
development exceed what is absolutely necessary and required by the state building code for
landing and turnaround areas.
W) Cantilevered seating areas along walkways will be allowed, but in no case shall the entire width
of the walkway, including the cantilevered area, exceed six feet.
(56) New construction (includes the construction of new residences, accessory structures, additions,
or enlargements permitted by section 8-121) of decks, walkways, and steps will be in
accordance with CAMA regulations. A CAMA minor development permit must be obtained for all
new construction. New construction of walkways and steps for the purpose of gaining access to
the public beach shall be constructed in accordance with applicable CAMA regulations for such
structures. No part of the structure or any supporting member of any deck, walkway, or step will
be allowed to rest on public property. For the purposes of this article, private property ends and
public property begins at the mean high water mark as surveyed by the USAGE in January
2000. Walkways and steps may in no way encroach into the side setbacks of the district in
which the structure is located. In areas where the mean high water mark as surveyed and
determined by the USAGE in January 2000 is located within six feet or closer to the oceanward
side of any home or other structure proposing to construct a deck, walkway, or steps, then, in
that event, a deck or walkway up to six feet in width may be constructed, but the deck or
walkway must be supported by cantilevering to the main structure or angle -bracing sufficient to
meet all state building code standards as the code may be amended from time to time. It is the
purpose and intent of this section to allow new construction of decks, walkways, and steps on
existing structures where such construction might necessarily extend beyond the mean high
water mark, but at the same time to prevent any part of the deck, walkway, or steps, or its
supporting members from coming to rest on public property, except to the extent absolutely
necessary to allow landing of steps within the area of six feet seaward of the existing structure.
Angle -bracing and cantilevering shall not be required in those areas where construction would
allow for all portions of the deck, walkway, or steps to remain on private property.
(67) The following are intended to apply to replacement of decks, walkways, or steps which have
been damaged more than 50 percent of their value, based on actual replacement costs,
including labor and material
a. Decks on existing structures may be replaced, provided that they are constructed in
accordance with the state building code as the code may be amended from time to time.
The deck may not exceed six feet in width, but may extend the full length of any previous
deck that existed on the structure.
b. If the mean high water mark as surveyed and determined by the USAGE in January 2000
is located six feet or closer to the oceanward side of the existing structure, then any deck
to be constructed pursuant to this article may not exceed six feet in width and must be
supported entirely by cantilevering or diagonal bracing attached to existing house pilings.
The design and construction of this deck must be accompanied by a professional
engineer's certificate that the deck will meet all building code standards of the state as
such standards may be amended from time to time.
c. Walkways and steps for access to the public beach shall be constructed in accordance
with applicable CAMA regulations for such structures. Steps must land south and be
completely within private property as described in this article. Steps may in no way
encroach into the side setbacks of the district in which the structure is located. In cases
where the mean high water mark as surveyed and determined hv the 1JSAt2E inn d�nuary
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2000 is located six feet or closer to the oceanward side of the structure to which the deck,
walkway, and steps is to be attached, then in that event, the landing of the steps leading
from the deck may come to rest within the area up to six feet oceanward of the house. It is
the intent and purpose of this section to allow repair and replacement of decks, walkways,
and steps, but at the same time to minimize the intrusion of repair and replacement on
public property.
d. In any case where the general construction of the primary structure would prohibit the
attachment of a cantilevered or diagonally -braced deck (i.e., prefirm house not elevated on
pilings or with concrete or block pilings that cannot be drilled), a special exception may be
made to allow the construction of a freestanding deck, not to exceed the regulations
prescribed in this section. An engineer's report confirming these findings must accompany
any request for this exception.
(Ord. of 3-12-2002, ch. 5, art. 1, § 1.9)
Sec.14-131. - Repair and maintenance of the public beach, dunes, and sand management project areas.
(a) In no case shall any person physically alter the dunes, ocean beach, or any part of sand
management project areas without first having obtained a permit for such alteration from the town
and any appropriate state agencies. An application for such permit must include a statement
describing the proposed development or action, length of time for the project to be completed, and
any other information deemed pertinent by the town. Any work permitted by the town shall not
commence until such time as a CAMA permit has also been issued. No CAMA permit for the
alteration of dunes, ocean beach, or sand management project areas shall be issued unless a copy
of the permit issued by the town has been received and reviewed by the proper permitting office. Any
damage caused to dunes, ocean beach, or sand management project areas or the vegetation
located thereon shall be immediately corrected or restored as nearly as possible to the conditions
that were present prior to the commencement of the activity. If vegetation cannot be restored
immediately, the person responsible for causing such damage shall be responsible for replanting
vegetation to the satisfaction of the town at the start of the next planting season.
(b) The town may from time to time have need to repair and maintain dunes and project areas. Nothing
in this article shall prohibit the town or other public entities from completing necessary actions to
protect and maintain the health, safety, and general welfare of the public.
(c) The normal, non -impacting maintenance of lawns, commercial, office, and institutional tracts which
are already developed. Maintenance shall include lawn maintenance, the relocating and replacement
of shrubs, the cutting and removal of poisonous or harmful plants, briers, and dead foliage. In
accomplishing the foregoing, the use of equipment which limits damage to surrounding vegetation is
encouraged; the use of heavy commercial equipment is discouraged. The removal or destruction of
vegetation referenced in this section is prohibited.
(Ord. of 3-12-2002, ch. 5, art. 1, § 1.10)
Sec. 14-132. -Additional prohibited activities.
The following additional activities are prohibited:
(a) Walking, running, playing, climbing or other pedestrian traffic of any kind or description across
sand dunes except in designated access areas.
(b) Allowing pets to traverse sand dunes except in designated access areas.
(c) Placing anything in or on sand dunes or their designated access areas.
(d) Attaching anything to sand dune access area posts, ropes, sand fences or signs. RECEIVED
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(e) Vehicular traffic of any kind or description across sand dunes except in designated access areas
as authorized by the town.
(f) Cutting, removing, trampling or in any manner damaging dune vegetation.
(g) Throwing or depositing refuse onto sand dunes or their designated access areas.
(h) Allowing refuse to be windblown onto sand dunes or their designated access areas.
(i) Engaging in any other activities that reduce the stability of sand dunes and potentially decrease
their storm protection value, wildlife habitat value and aesthetic value.
(1) Installation of vegetation inconsistent with sand dune systems, such as lawn grasses or sod, or
herbaceous varieties that are not commonly known as "salt -tolerant" dune varieties or that may
be determined to be "invasive exotic species";
(k) Digging, shelling, mining, or mechanical alteration of the dune topography;
(1) Discharging water into the dune where it will cause significant scouring or erosion or otherwise
affect the integrity of the dune.
(m) Development activities without a valid building permit, Health Department approval, or CAMA
authorization
(n) When, due to beach width, tide levels, crowd conditions, or other factors, placement of tents or
similar devices will obstruct the passage of emergency or ocean rescue vehicles or the line of
sight from lifeguard stands or other surveillance areas.
(o) Substantially altering the contour or shape of the flat beach area by excessive digging or
mounding of sand whereby, in the opinion of code enforcement officers, such alteration presents
a dangerous condition. Persons responsible for altering the contour or shape of the beach to any
extent shall restore the beach to its original condition prior to leaving the area unattended for any
period of time.
(p) One shall not remove any vegetation growing on any sand dune except areas designated on site
plans for commercial or multifamily development as approved for land disturbing activities under
the provisions of the Coastal Area Management Act and as shown on site plans approved by
appropriate officials of the town.
(Ord. of 8-12-2008(2); Amend. of 7-13-2010)
Editor's note— Amendment of July 13, 2010 changed the title of § 14-132 from dune planting
area to additional prohibited activities.
Secs. 14-133-14-140. - Reserved.
ARTICLE IV. - BEACH HAZARDS
Sec. 14-141. - Definitions.
The following words, phrases, and terms, when used in this article, shall have meanings ascribed to
them in this section, except where the context clearly indicates a different meaning.
Beach equipment means any personal items that are designed or manufactured for use, or actually
used, on the beach or in the adjacent tidal waters. Examples include, without limitations: chairs, lounges,
umbrellas, cabanas, canopies, tents, horseshoes and stakes, kayaks, paddle vessels, sailboards,
surfboards, fishing gear, sporting equipment, rafts, flotation devices, beach toys, baskets, bags, towels,
coolers and any other personal property items. Beach equipment shall not include municipal trash
containers, signage or structures, or any items placed or permitted by a governmental agency (such as
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signs or protection devices for turtle nests). Non -motorized sailboats and catamarans shall be permitted
to remain on the strand overnight and shall conform to the requirements in subsections 14-143(b) —(d).
Ocean beaches means the area adjacent to the ocean and ocean inlets that is subject to public trust
rights. This area is in constant flux due to the action of wind, waves, tides, and storms and includes the
wet sand area of the beach that is subject to regular flooding by tides and the dry sand area of the beach
that is subject to occasional flooding by fides, including wind tides other than those resulting from a
hurricane or tropical storm. The landward extent of the ocean beaches is established by the common law
as interpreted and applied by the courts of this state. Natural indicators of the landward extent of the
ocean beaches include, but are not limited to, the first line of stable, natural vegetation, the toe of the
frontal dune; and the storm trash line. (1979, c. 618, s. 2; 1998-225, s. 5.1.)
Nighttime hours means 8:30 p.m. until 6 a.m.
(Ord. of 7-13-2010; Amend. of 7-12-2011; Amend. of 11-12-2013; Amend. of I I-12-2013)
Sec. 14-142. - [Digging holes on beach].
Holes dug on the beach are required to be attended at all times and filled prior to leaving the beach.
(Ord. of 7-13-2010)
Sec. 14-143. - Beach equipment, personal property, obstructions and glass containers.
(a) Except as provided by a specific provision of this Code, all beach equipment must be removed from
the beach by its owner or permitted user on a daily basis. All personal items and beach equipment
unattended and remaining on the public beach during "nighttime hours" as set forth in section 14-141
shall be classified as abandoned property and will be removed and disposed of by the town.
(b) A business that rents beach equipment may not place or erect said equipment strictly for advertising
purposes only. Such business shall abide by all rules and regulations pertaining to their particular
license that has been issued and must adhere to the installation and removal regulations as outlined
in this article.
(c) All beach equipment shall be set at least ten feet from any sea turtle nest and the town or the Oak
Island Sea Turtle Protection Program shall provide a visual marker or sign to designate this area-
(d) No beach equipment, personal property, or obstructions may be placed in an area within a 15 feet of
any duly marked and designated emergency beach access points on the seaward side of the
access.
(e) It shall be unlawful for any person to have glass containers of any kind on the beach or beach
access areas.
Sec. 14-144 - [Penalty.]
Any person who shall violate this article shall be subject to a civil penalty in an amount of $50.00 for
the first offense, $100.00 for the second offense, and escalates to a criminal offense after second
violation. Each day that a person is in violation of this article shall constitute a new and separate offense.
Civil penalties shall be payable to the town within 15 days of a civil citation.
Sec. 14-145 - Non -Conformities
Nonconforming structures. Access structures and beach walkovers that are damaged or destroyed
greater than 50% of their replacement value may only be built back in conformance with current
requirements as set forth in this section. Access structures and beach walkovers for single-family and
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duplex lots that are damaged or destroyed greater than 50% of their replacement value may not be built
back. All determinations of replacement value under this section shall be made by the building inspector.
Sec. 14-146 — Designation of Enforcement Officials
(a) The building inspector, planning and zoning administrator, and code enforcement officer is
designated as the town official to perform the duties relating to the issuance of and/or revocation
of permits described under the terms of this article and enforcing the terms and conditions of this
article.
Sec. 14-147 — Undue Restriction
If the planning director concludes that application of the dune protection standards in Chapter 14, Article
III; unduly restricts the landowner's reasonable use of the land, less restrictive means of preserving the
significant dune(s) may be authorized, subject to one or more of the following mitigation:
(a) Stabilization of the portions of the dune impacted by development through revegetation with
native vegetation;
(b) Use of sand fencing with a minimum height of four feet to inhibit sand migration due to
disturbance,
(c) Mechanical excavation of replacement sand, where appropriate,
(d) Use of piles and elevation of crossovers or other development at least two feet above the
sand dune;
(e) Avoidance of storage of equipment, materials, vehicles, or other debris on dune faces. and
(f) Any other mitigation technique considered appropriate by the Planning Director.
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} Oak island Planning Board
Statement of Consistency & Zoning Recommendation
(As per NC General Statute 16OA-393)
Prior to adcpang or rejecting aqv zming anundmertl. the governing board shall adopt a statement describing whether its action
is consistent with oat adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and
in the public imerest. The planning bawd shall advise and comment on whether the proposed amendment a consislew with am
comprehensive plan that has been adopted and amry other officially adopted plan that is applicable. The planning board shall
provide a writlen recommendation to the governing board not addresses plan consistency and other motions as deemedapprepriate
by the planning board, bat a comment by the planning board that a proposed amendment a huansistent with the comprehensive
plot shall not preclude consideration or apprmsil ofihe proposed amendment by the governing board
(NCG'S 160A-383,)
TEXT AMENDMENT; 4-21-2016
RFQUF.ST:
Amend the text in Chapter 14 — Environment -
Article 11. - Protection of Sand Dunes, Sea Turtles and
Other Wildlife Habitat; Sand Management Projects —
to add addition regulations to the Dune Protection Ordinance
STATEMENT OF CONSISTENCY & RECOMM DATION:
The Town of Oak Island Planning Board hereby finds that the proposed text amendment is
consistent with the 2010 CAMA Land Use Platt adopted April 13, 2010 because it allow the town
to better protect its valuable resource of the dunes. Further, the Board finds that the ordinance is
reasonable and in the public interest because it is consistent with the Land Use Plan section that
states "Policy 4.A.4: The Town will promote safe construction through strict adherence and
enforcement to the Town's building code, zoning, subdivision regulations. Fland Damage
Prevention Ordinance, Hazard dfingation Plan, Storntwafer Regulations, and Dune Protection
Ordinance-" Which this text amendment will still allow the Town to do. At their meeting on April
21, 2016 the Planting Board voted to recommend approval of the proposed text amendment and
stated that the, Planning Board finds and determines that the text amendment is not inconsistent
with the goals, objectives and policies of the Land I ise Plan and hereby recommends its
APPROVAL.
The statement and motion was seconded and passed q '" 2 .
OAR �►
CHARTERED
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