(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 town building permit; and
      (3)   Other land disturbing activities in conjunction with subdivision development or other residential or commercial development as authorized by the Town Planning Department, the Town Planning Board or the Town Council.
   (B)   (1)   For activities exempted under divisions (A)(1), (2) and/or (3), the following standards shall apply:
         (a)   A site plan prepared by a North Carolina licensed engineer or North Carolina licensed surveyor shall be submitted depicting the existing grades and proposed grades after the proposed land clearing activity, including any stabilization plans;
         (b)   A horizontal/vertical slope not to exceed 4 feet to 1 foot shall be maintained unless the dune-disturbing activity is intended to provide elevations that are consistent with abutting properties. Graded slopes must be vegetated or otherwise stabilized within 30 working days of completion of the work;
         (c)    Other proposals for sand dune disturbing activities not specifically exempted in division (A) above may be submitted for review as special uses subject to Planning Board review and Town Council approval; and
         (d)   Unauthorized dune-disturbing activities shall be considered a violation of this chapter and shall be subject to penalties prescribed in § 156.999.  Mitigation plans prepared by a North Carolina licensed engineer or North Carolina licensed surveyor shall be required for any unauthorized dune-disturbing activity.
      (2)   These standards do not apply to those sand dunes that are protected by the North Carolina Coastal Area Management Act and subject to those state regulations.
(Ord. 04-21, passed 10-6-2004, § 43.3; Am. Ord. 21-01, passed 6-2-2021)