Sec. 6-53. Shoreline stabilization.
   Preserving the shoreline and the water quality of the lake is dependent on following established BMPs (best management practices) of riparian and shoreline stabilization. Land disturbance creates sedimentation from the erosion of the upland lot and waves generated by wind and boating activities can attack the disturbed shoreline from the lakeside. To minimize the effects of these disturbances, several routes may be taken. Whether retaining a natural buffer along the majority of the shoreline or utilizing a variety of construction methods and materials to reduce the effects of the disturbance, the town requires plans for some form of shoreline stabilization be included with any lake structure permit application.
      (1)   Property owners are required to stabilize the shoreline on any lot with a lake structure. The lake structures appeals board may waive this requirement if the property is determined by to be substantially free of erosion potential by the town's erosion control officer and is also determined to be eligible for exemption from this requirement by the lake structure administrator. If necessary, the construction of sea walls for shoreline stabilization shall only disrupt the contour of the shoreline to a minimum. The application for the construction of the shoreline stabilization shall include the following:
         a.   An existing site plan with an overlay showing any proposed changes to the contours and profiles of the shoreline.
         b.   Dimensions and proposed type of construction.
         c.   Signature of property owner and date.
         d.   Plans drawn by a licensed engineer or architect—sea walls only.
      (2)   The shoreline stabilization or construction shall address erosion above and below the shoreline elevation of 990 feet MSL. The level of protection depends on the lakeside wind and boat activity at the particular location and the potential of erosion of the upland lot. (Note: Refer to section 6-51 for details on how to establish the shoreline elevation of 990 feet MSL.) The erosion control officer will determine the type of stabilization required.
         a.   Retained natural stabilization is allowed for lots that are 90 percent undisturbed to the building buffer boundary of 35 feet from the shoreline and no tree lap is removed from the shoreline. This is also allowed on banks located within no wake coves, protected from the wind, and the lot is undisturbed within the 25-foot trout buffer with no tree lap removed from the shoreline. A sea wall or rip-rap stabilization will be required shoreward of lake structures to ensure their structural integrity.
         b.   Moderate stabilization is required where the land disturbance on the upland lot creates moderate to severe erosion potential and the lakeside is not threatened from the wind and is located within a no wake cove. If sea walls are utilized, underwater reinforcement of the toe with rip-rap to the shoreline height is required.
         c.   Extreme stabilization is required where the land disturbance on the upland lot creates moderate to severe erosion potential and the lakeside is threatened from the wind and by boat traffic at wake speed. If sea walls are utilized, underwater reinforcement of the toe with rip-rap extending to a height of two feet above the shoreline is required.
      (3)   Earth fills on the lakeside of the shoreline are prohibited.
      (4)   When possible, rip-rap laid on a layer of geotextile filter fabric should be considered as the optimum choice for moderate or extreme stabilization. While this stabilization method does not require an engineer's or architect's design, the illustrated method of installation with the prescribed slope of 2:1 and elevations above the shoreline of three feet must be adhered to. Please refer to the illustration within the town's standards, specifications and details for construction.
      (5)   If rip-rap is not selected for the shoreline stabilization, sea walls, designed by a licensed engineer or architect, and reinforced at the toe with rip-rap to the shoreline or two feet above the shoreline on the lake side for extreme stabilization shall be constructed of one of the following materials:
         a.   Concrete—to conform to NC DWQ regulations, it must cure 28 days prior to making contact with the lake water.
         b.   Stone—to conform to NC DWQ regulations, the mortar must cure 28 days prior to making contact with the lake water.
         c.   A properly designed plastic, steel or aluminum sheet piling system.
         d.   A properly designed pressure treated wood piling system. Railroad ties and other wood treated with creosote or environmentally hazardous materials shall not be allowed.
      (6)   All sea walls shall be in a good state of repair or the property owner will be subject to penalties outlined in section 6-65.
(Code 1989, § 94.07; Ord. of 8-9-1994; Ord. of 10-20-1998; Ord. of 7-11-2006; Ord. of 9-12-2006; Ord. of 4-12-2016)