§ 14-129. Access provisions.

(a)

Town-owned and maintained street-end access points will employ sand walkovers, except those required to be elevated by the PCA in the sea turtle project and at town-designated disability access sites.

(b)

For the purpose of establishing access points between town-owned and maintained street-end access points, sand walkover access paths shall be located at approximately 180-foot intervals in 750-foot wide blocks, and at approximately 157-foot intervals where blocks between town-owned street-end access points are approximately 320 feet wide. Town staff is authorized to vary distances between access points established between town-owned street-end access points as may be necessary to accomplish as nearly as possible equal distance between access points. Access paths in the sea turtle project area shall be approximately six feet wide, except in those areas designated for emergency vehicle access and town equipment access, which may be up to ten feet in width. Access paths outside the sea turtle project and the harbor project shall be up to ten feet in width as town staff determines necessary for emergency vehicle access and access for town equipment. Emergency vehicle and town equipment access points shall be designated by town staff and clearly marked as such. Unless required by the USACE pursuant to the PCA or other USACE agency rule, wooden walkways or walkovers from private property onto public property will not be permitted. For purposes of this article, private property ends and public property begins at the mean high water mark as surveyed by the U.S. Army Corps of Engineers prior to placement of sand for the sea turtle project or other sand placement projects.

(c)

To protect and promote the vegetation placed by the town on the new sand dunes as required by the PCA in the sea turtle project and for the purpose of protecting and promoting vegetation placed by the town on the new sand dunes in the area of the harbor project, pedestrian traffic shall not be allowed across sand dune areas vegetated by the town. The town shall install sand fencing along the landward side of the new sand dune, and post and rope fencing on the seaward side of the new dune in the area of the sea turtle project. In the area of the harbor project, similar sand fencing and/or post and rope fencing shall be put in place as areas are vegetated by the town or its volunteers. Consistent with the number of access paths required in subsection (b) of this section between town-owned street-end access points, exact location of sand fencing and post and rope fencing on the sand dunes in the area of the harbor project may be varied in the discretion of town staff as the beach profile and vegetation patterns become more established. Sand fencing will be placed in a "U" configuration at accesses. (From "U", post and rope will be used to mark and delineate access.)

(d)

Garbage receptacles at the discretion of the town may be installed on the seaward side of each town-owned street-end access point and also on the landward side of the street-end access points. Other garbage receptacles may, at the discretion of town staff, depending upon the amount of usage, be placed on the seaward and/or landward side of nonstreet-end access points.

(e)

Individual oceanfront property owner access to the public beach will continue as before, and placement of sand fencing and rope and post fencing shall not be done in such a manner as would impair an oceanfront property owner from direct entry onto the public beach from his private property. For the purposes of this article, private property ends and public property begins at the mean high water mark as determined by the USACE survey in January 2000.

(f)

Commercial beach access structures must meet commercial structure Americans with Disabilities Act requirements according to the North Carolina Building Code.

(g)

Signage less than one square foot instructing persons to avoid trespassing into the dunes, and rope fence for pedestrian traffic control may be installed. Construction of such devices shall only be permitted with the prior written consent of the code enforcement official. Willful removal or damage to any public or private approved dune stabilization device such as sand fencing or pedestrian control mechanisms shall constitute a violation of the provisions of this section.

(h)

The board of adjustment may grant an exception for private residential beach access structures regarding horizontal and vertical development for purposes of allowing a handicapped accessible structure to be built. These structures must meet the provisions of the North Carolina Building Code and the standards in section 18-82(r) of the zoning ordinance.

(i)

The town encourages adjoining property owners to construct centrally located shared beach access structures where appropriate in order to reduce the overall number of structures on the beach. In cases where shared structures are proposed, the property owners must submit a site plan and restrictive covenants that indicate the location of the proposed structure and the proper restrictions against construction of additional individual structures.

(Ord. of 3-12-2002, ch. 5, art. 1, § 1.8; Amend. of 5-10-2016(1); Amend. of 4-18-2017(2); Amend. of 12-12-2017)