(A) Determination of damage.
(1) A primary task of the local damage assessment team is to identify structures which as a result of the storm event have been damaged.
(2) The local damage assessment team will recommend to the Building Inspector those structures which have:
(a) Been destroyed;
(b) Received major damage; or
(c) Received minor damage.
(3) The Building Inspector will then inspect the damaged structures and place each structure in 1 of the above categories.
(B) Declaration of a building moratorium. The initial post-storm reconstruction moratorium shall be declared in effect upon the occurrence of 1 or more of the following findings:
(1) The town is struck by a hurricane of force equal to or greater than 4 on the Saffir-Simpson scale as determined by the National Weather Service;
(2) The town is declared a disaster area by either the governor of the state or the President of the United States;
(3) One hundred or more structures have received major damage or have been destroyed as determined by the Building Inspector; or
(4) Upon the finding by the Mayor, or in the absence of the Mayor, the Mayor Pro Tem of the town, of the existence of a state of emergency in accordance with G.S. § 14-288, the Mayor or Mayor Pro Tem, as the case may be, shall declare the initial building moratorium, pursuant to G.S. § 160A-174, where the Mayor finds a moratorium is necessary for the protection of lives, safety and property, or due to the inability of the town to maintain acceptable levels of public order and services. The Mayor may, based upon the above findings, extend the initial moratorium until a time as the state of emergency no longer exists.
(C) Moratoriums.
(1) Initial building moratorium.
(a) Upon the declaration of a building moratorium the initial post-storm moratorium shall be in effect for a minimum period of 48 hours.
(b) No building permits shall be issued during this time period. After expiration of this initial moratorium the following moratoria shall then apply.
(2) Destroyed structure moratorium.
(a) No building permit shall be issued within 30 days following the expiration of the initial moratorium for the replacement of any structure which has been destroyed.
(b) All replacement building shall be subject to meeting all the requirements of the zoning ordinance for the Town of Duck and all applicable town codes, prior to the issuance of a building permit.
(3) Major damaged structure moratorium.
(a) No building permit for repairs of a major damaged structure shall be issued for at least 7 days following the expiration of the initial moratorium.
(b) All repairs to a major damaged structure shall meet the requirements of the Zoning Chapter for the Town of Duck and all applicable town codes, prior to issuance of a building permit.
(4) Minor damaged structure moratorium.
(a) Permits for the repair of minor damaged structures may be issued following the expiration of the initial moratorium.
(b) All repairs to minor damaged structures shall meet the requirements of the Zoning Chapter for the Town of Duck and all applicable town codes, prior to issuance of a building permit.
(5) Incipient inlet moratorium.
(a) The Mayor or Town Council may on their own, or upon recommendation by the reconstruction task force, designate any land area bordering an incipient inlet, former inlet or potential inlet as an incipient inlet high hazard area.
(b) No building permits shall be issued until a time that the inlet has either closed to such a degree that re-opening is unlikely or that the inlet migration has been stabilized.
(c) The reconstruction task force shall recommend to the Town Council conditions which will allow for repair of existing damaged structures within the incipient inlet high hazard area.
(6) Outstanding building permits moratorium.
(a) All building permits which were issued prior to the storm event shall be revoked and shall not be reissued for a minimum period of 30 days following the expiration of the initial moratorium, unless upon finding by the Chief Building Inspector on a case-by-case basis that sufficient inspection staff is available to adequately inspect the structures should construction begin or resume.
(b) Applications for building permits revoked under this section shall be reissued at no charge.
(7) Site plan review.
(a) Site plans which have been submitted to the town prior to the storm event shall not be reviewed by the staff, Planning Board or Town Council for a period of 30 days following the expiration of the initial moratorium.
(b) All submittal dates and review periods shall be adjusted accordingly to reflect the time period covered by this 30-day moratorium.
(8) Time limit of acceptance of plans.
(a) No new site plans, zoning requests or subdivision plats shall be accepted by the town for a period of 30 days following the expiration of the initial moratorium.
(b) All submittal dates and review periods shall be adjusted accordingly to reflect the time period covered by this 30-day moratorium.
(9) Duration of moratorium. All moratoriums other than the initial moratorium as enacted in division (B)(4) above shall be in effect for the length of time described above and may be canceled or extended by the Mayor or resolution by the Town Council.
(D) Emergency repairs.
(1) While a moratorium is in effect no construction or reconstruction activity may be undertaken, excepting only minor interior repairs and emergency repairs necessary to prevent injury or loss of life or imminent collapse or other substantial additional damage to the structure.
(2) For illustrative purposes only, items that constitute minor repairs may include temporary roof repairs to avoid further water damage, minor repairs to steps and the temporary shoring up of a structure to avoid imminent collapse.
(Ord. 02-03, passed 5-1-2002)