These regulations shall apply to any property featuring natural topography that requires grading and/or modification in order to utilize the property. Before any grading, shaping, or modification of existing natural topography occurs, an on-site meeting with the Dare County Planning Department and/or Building Inspector is required to assess the topography, discuss proposed activities, and proposed stabilization methods that will be required to address remnant slopes on the property.
(a) Sand dunes and their existing contours shall not be damaged, destroyed, removed, or changed except as specifically exempted below:
(1) The area required for the construction and installation of septic or wastewater improvements as authorized by the Dare County Health Department or North Carolina Department of Environmental Health.
(2) Activities in conjunction with a Dare County building permit as authorized by the Dare County Building Inspector.
(3) Other land disturbing activities in conjunction with subdivision development or other residential or commercial development as authorized by the Dare County Planning Department, the Dare County Planning Board or the Dare County Board of Commissioners.
(b) For activities exempted under Section 1 a, b and/or c, the following standards shall apply:
(1) A site plan prepared by a NC licensed engineer or NC licensed surveyor shall be submitted depicting the existing grades and proposed grades and areas where retaining walls are needed to stabilize remnant slopes.
(2) A horizontal – vertical slope not to exceed 4’ to 1’ shall be maintained unless the dune-disturbing activity is intended to provide elevations that are consistent with abutting properties. Before any disturbing activities commence, silt fencing shall be placed at the bottom of slopes to prevent erosion of sediment onto adjoining properties and right of ways. Silt fencing shall remain in place until the final inspection of the property by the Dare County Planning Department. Depending on the vertical slope, temporary vegetative matting may be required to stabilize slopes until permanent stabilization measures are completed. Graded slopes shall be stabilized with retaining walls or other permanent stabilization improvements prior to issuance of the Certificate of Occupancy/Certificate of Completion by the Planning Department.
(c) All components of retaining walls shall be located on the subject property and shall not encroach onto adjoining lots or right-of-ways, either aboveground or subsurface.
(d) Sand shall not be removed from the site unless authorized by the Dare County Planning Department as part of the development activities.
(e) Other proposals for sand dune disturbing activities not specifically exempted in subsection (a) may be submitted for review as special uses subject to Planning Board review and Board of Commissioners approval.
(f) Unauthorized dune-disturbing activities shall be considered a violation of this chapter and shall be subject to a fine of $200 for each and every day the violation continues. Mitigation plans prepared by a NC licensed engineer or NC licensed surveyor shall be required for any unauthorized dune-disturbing activity.
These standards do not apply to those sand dunes that are protected by the NC Coastal Area Management Act and subject to those State regulations.
(Am. Ord. passed 8-19-2019; Am. Ord. passed 6-21-2021)