(A) No permit to damage, destroy, or to remove any sand dune (or any part thereof or vegetation thereon) shall be granted by a shore line protection officer unless the action will not materially weaken the dune or reduce its effectiveness as a means of protection from the effects of high wind and water, taking into consideration the height, width, and slope of the dune and the type of vegetation thereon.
(B) Every application for a permit under this subchapter shall be made upon a standard form as set forth in the appendix following this chapter. Compliance with the requirements prescribed in the appendix shall be a condition to the issuance of a permit.
(C) With respect to every application for a permit under this section the shore line protection officer shall take the following steps:
(1) He shall make a prompt inspection of the affected area.
(2) He shall post a notice of the application on the premises that are the subject of the application and also at the Town Hall.
(3) He shall notify the applicant (in person or by certified mail) of the proposed findings concerning the application. In the notification the applicant shall be informed that his objections, if any, to the proposed findings will be heard by the shore line protection officer at a time and place to be set by the shore line protection officer, if the applicant requests a hearing within seven days of the mailing or giving of the notification.
(D) If upon the basis of his original inspection, the shore line protection officer believes that a proposed project may materially weaken a protective dune or reduce its effectiveness as a means of protection from the effects of high wind and water, he shall publish notice of the application and of his tentative findings for two successive calendar weeks, by posting a copy of the notice of application and findings at the Town Hall and three other public places in the town. Together with the notice shall be published a statement that the application and attachments will be available at his office every weekday until at least five days following the second publication, and preceding final action upon the application.
(E) The shore line protection officer shall inspect every project approved under this section at least one time after completion of the work and completion of any restoration of protection or vegetation which he may prescribe.
(F) The shore line protection officer shall notify the applicant (in person or by certified mail) of the final action upon the application for a permit, and shall post a notice of the final action upon the premises that are the subject of the application. The shore line protection officer shall also give notification to any other person who has asked to be notified or who appeared at a hearing upon the permit application.
(Ord., passed 2-22-73; Am. Ord., passed 1-11-78; Am. Ord. 1845, passed 6-22-23)