The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Destroyed structure means a structure that is a total loss or damaged to such an extent that repairs are not technically or economically feasible (i.e., 50 percent or more of the replacement cost of the entire structure at the time of damage or destruction).

Erosion escarpment means the normal vertical drop in the beach profile caused from high tide and/or storm tide erosion.

Frontal dune. In areas where there is a primary dune, that dune shall be deemed to be the frontal dune. Where there is no primary dune, the frontal dune is deemed to be the first mound of sand located landward of the ocean beach having sufficient vegetation, height, continuity and configuration to offer protective value. Manmade mounds seaward of the natural line of frontal dunes and dunes created after June 1, 1979, shall not be considered to be frontal or primary dunes, except where no frontal or primary dune exists.

High hazard flood area means the area subject to high velocity waters (including but not limited to hurricane wave wash) in a storm having a one percent chance of being equaled or exceeded in any given year, as identified as V zones on the flood insurance rate maps of the Federal Insurance Administration, U.S. Department of Housing and Urban Development. In the absence of these rate maps, other available base flood elevation data prepared by a federal, state or other source may be used, provided said data source is approved by the town.

Major damaged structure means a structure that can be made habitable with extensive repairs. Damage may include foundation, roof structure, and major structural components. The indicator for this category is if the cost to repair is greater than ten percent and less than 50 percent of the replacement cost of the entire structure at the time of damage.

Measurement line means the line from which the oceanfront setback, as described in section 36-473, is measured in the unvegetated beach area of the ocean hazard area. Procedures for determining the measurement line shall be adopted by the town for each area where such a line is designated. These procedures shall be available from the planning and code enforcement department.

Minor damaged structure means a structure that can be made habitable in a short period of time with minimal repairs. Damage may include doors, windows, floors, furnaces, water heaters, and other minor structural damage. An indicator for this category is if the cost to repair is ten percent or less of the replacement cost of the entire structure at the time of damage.

Ocean beach means the area of land consisting of unconsolidated soil material that extends from the mean low water line landward to a point where either:

(1)

The growth of vegetation occurs; or

(2)

A distinct change in slope or elevation alters the configuration of the landform, whichever is farther landward.

Ocean erodible area means the area in which there exists a substantial possibility of excessive erosion and significant shoreline fluctuation. The seaward boundary of this area is the mean low water line. The landward extent of this area is determined as follows:

(1)

A distance landward from the first line of stable natural vegetation to the recession line that would be established by multiplying the longterm annual erosion rate times 60, provided that, where there has been no longterm erosion or the rate is less than two feet per year, this distance shall be set at 120 feet landward from the first line of stable natural vegetation. For the purposes of this article, the erosion rates shall be those set forth in tables entitled "Longterm Annual Erosion Rates Updated Through 1987" approved by the coastal resources commission on March 18, 1983, July 25, 1986, and July 29, 1988. The tables are available without cost from the building inspector.

(2)

A distance landward from the recession line established in subsection (1) of this definition to the recession line that would be generated by a storm having a one percent chance of being equaled or exceeded in any year.

Ocean hazard area means the area consisting of the ocean erodible area and the high hazard flood area.

Primary dune means the first mound of sand located landward of the ocean beach having an elevation equal to the mean flood level (in a storm having a one percent chance of being equaled or exceed in any given year) for the area plus six feet. The primary dune extends landward to the lowest elevation in the depression landward of that same mound of sand (commonly referred to as the dune trough).

Vegetation line means the first line of stable natural vegetation, which shall be used as the reference point for measuring oceanfront setbacks. This line represents the boundary between the normal dry-sand beach, which is subject to constant flux due to waves, tides, storms and wind, and the more stable upland areas. It is generally located at, or immediately oceanward of, the seaward toe of the frontal dune and/or erosion escarpment. In areas where there is no stable natural vegetation present, this line shall be established by connecting or extending the lines from the nearest adjacent vegetation on either side of the site and by extrapolating (by either on-ground observation or by aerial photographic interpretation) to establish the line.

(Code 1988, § 11-16.01; Ord. No. 2011-01-01, art. VIII, pt. XII, 1-4-2011)

(a)

Intent. Following a damaging storm and enactment of a building moratorium, it is the intent of the town to allow rebuilding and reconstruction in an orderly manner. The town will control the issuance of building permits to manage the location, timing and sequence of reconstruction and repair. Primary consideration will be afforded to those structures which have received minor and major damage as defined in chapter 12.

(b)

Conditions for issuance of building permits. Upon expiration or cancellation of the applicable building moratorium enacted in chapter 12, the following additional requirements, in addition to all applicable sections of this chapter and town Code, shall be met prior to issuance of a building permit.

(1)

Destroyed structure. The following additional requirements must be met prior to the issuance of any building permit for construction of a new structure:

a.

A post-storm survey and/or site plan from a registered state surveyor, as applicable, of the lot and the proposed structure.

b.

Site plan or survey approval as provided in article X of this chapter.

c.

Verified location of CAMA setback boundaries.

d.

On-site inspection of lot by the zoning administrator.

e.

County water will be restorable at street frontage of lot.

f.

Direct, uninterrupted, approved vehicular access to lot.

g.

Electrical service restorable to building site.

h.

All debris removed from lot.

i.

Septic improvements permit issued by the county environmental health department or the division of environmental health.

(2)

Major damaged structure. The following additional requirements must be met prior to issuance of a building permit for a major damaged structure:

a.

A post-storm survey and/or site plan, as applicable, of the lot and structure if there is a proposed increase in the footprint of the structure over the pre-storm structure. In addition, the following information shall be provided on the survey/site plan:

1.

CAMA setback boundary.

2.

The location of all property boundary lines.

3.

The possible existence of any nonconformities.

b.

Site plan or survey approval as provided in article X of this chapter.

c.

On-site inspection of lot by the zoning administrator, in addition to verification there will be no increase in any nonconformities, as regulated in article V of this chapter.

d.

County water will be restorable at street frontage of lot.

e.

Direct, uninterrupted, approved vehicular access to lot.

f.

Electrical service restorable to building site.

g.

All debris removed from lot.

h.

Septic improvements permit issued by the county environmental health department or the division of environmental health, if required.

(3)

Minor damaged structure. The following additional requirements must be met prior to issuance of a building permit to repair a minor damaged structure:

a.

A post-storm survey and/or site plan, as applicable, of the lot and structure if there is a proposed increase in the footprint of the structure over the pre-storm structure. In addition, the location of all property boundary lines shall be provided on the survey/site plan.

b.

Site plan or survey approval as provided in article X of this chapter.

c.

On-site inspection of lot by the zoning administrator, in addition to verification that there will be no increase in any nonconformities, as regulated in article V of this chapter.

d.

Vehicular access to lot.

e.

All debris removed from lot.

f.

Septic improvements permit issued by the county environmental health department or the division of environmental health, if required.

(Code 1988, § 11-16.02; Ord. No. 2011-01-01, art. VIII, pt. XIV, 1-4-2011)

(a)

In order to protect life and property, all development not otherwise specifically exempted or allowed by law shall be located according to whichever of the following rules is applicable:

(1)

If neither a primary nor frontal dune exists in the ocean hazard area on or landward of the lot on which the development is proposed, the development shall be landward of the erosion setback line. The erosion setback line shall be set at a distance of 30 times the longterm annual erosion rate from the first line of stable natural vegetation or measurement line, whichever is applicable. In areas where the rate is less than two feet per year, the setback line shall be 60 feet from the vegetation line or measurement line, whichever is applicable. For the purposes of this article, the erosion rates shall be those set forth in tables entitled "Longterm Annual Erosion Rates Updated Through 1992" approved by the coastal resources commission. The tables are available without cost from the building inspector.

(2)

If a primary dune exists in the ocean hazard area on or landward of the lot on which the development is proposed, the primary structure shall be landward of the crest of the primary dune or the erosion setback line, whichever is farthest from the first line of stable natural vegetation or measurement line, whichever is applicable. For existing lots, however, where setting the development landward of the crest of the primary dune would preclude any practical use of the lot, development may be located seaward of the primary dune. In such cases, the development shall be located landward of the erosion setback line and shall not be located on or seaward of a frontal dune. The words "existing lots" in this requirement shall mean a lot or tract of land which, as of June 1, 1979, is specifically described in a recorded plat and which cannot be enlarged by combining the lot or tract of land with a contiguous lot or tract of land under the same ownership.

(3)

If no primary dune exists, but a frontal dune does exist in the ocean hazard area on or landward of the lot on which the development is proposed, the development shall be set landward of the frontal dune or landward of the erosion setback line, whichever is farthest from the first line of stable natural vegetation or measurement line, whichever is applicable.

(4)

Because large structures located immediately along the Atlantic Ocean present increased risk of loss of life and property, increased potential for eventual loss or damage to the public beach area and other important natural features along the oceanfront, increased potential for higher public costs for federal flood insurance, erosion control, storm protection, disaster relief and provision of public services, and increased difficulty and expense of relocation in the event of future shoreline loss, a greater oceanfront setback is required for these structures than is the case with smaller structures. Therefore, in addition to meeting the criteria in this requirement for setback landward of the primary and/or frontal dune, for all multifamily residential structures (including motels, hotels and condominiums) of more than four units or 5,000 square feet total floor area, and for any nonresidential structure with a total area of more than 5,000 square feet, the erosion setback line shall be twice the erosion setback described in subsection (a)(1) of this section, provided that in no case shall this distance be less than 120 feet. In areas where the rate is more than 3½ feet per year, this setback line shall be set at a distance of 30 times the longterm annual erosion rate plus 105 feet.

(5)

Established common law and statutory public rights of access to public trust lands and waters in ocean hazard areas shall not be eliminated or restricted.

(b)

In order to avoid weakening the protective nature of ocean beaches and primary and frontal dunes, no development will be permitted that involves the removal or relocation of primary or frontal dune sand or vegetation thereon.

(Code 1988, § 11-16.03)

(a)

Where strict application of the oceanfront setback requirements of this article would preclude placement of permanent substantial structures on lots existing as of June 1, 1979, single-family residential structures may be permitted seaward of the applicable setback line in ocean erodible areas, if each of the following conditions are met:

(1)

The development is set back from the ocean the maximum feasible distance possible on the existing lot and the development is designed to minimize encroachment into the setback area;

(2)

The development is at least 60 feet landward of the vegetation line;

(3)

The development is not located on or seaward of a frontal dune, but is entirely landward of the landward toe of the frontal dune;

(4)

The development incorporates each of the following design standards, which are in addition to those required in other regulations of this article:

a.

All pilings have a tip penetration that extends at least four feet below mean sea level;

b.

The footprint (the greatest exterior dimension of the structure, including covered porches and covered stairways, when extended to ground level) of the structure be no more than 1,000 square feet or ten percent of the lot size, whichever is greater;

(5)

All other provisions of this article and other state and local regulations are met.

If the development is to be serviced by an on-site waste disposal system, a copy of a valid permit must be submitted as part of the building permit application.

(b)

For the purposes of this regulation, an existing lot is a lot or tract of land which, as of June 1, 1979, is specifically described in a recorded plat and which cannot be enlarged by combining the lot or tract of land with a contiguous lot or tract of land under the same ownership.

(c)

At no time shall the oceanfront setback, as defined in section 36-57, be less than 150 feet. Any structures within the oceanfront setback shall not exceed 25 feet in width.

(Code 1988, § 11-16.04)