§ 14-130. Decks, walkways and stairs; construction standards and development.

The following rules shall govern all development within the ocean erodible areas, the construction, repair, or replacement of all oceanside decks, walkways and steps. In all cases, whether new construction, repair, or replacement, the following standards and rules shall apply:

(1)

No dune system shall be altered that will adversely impact the integrity of the dunes.

(2)

Construction of decks, walkways, and steps shall be in accordance with the state building code as the code may be amended from time to time.

(3)

Where the height of the structure would cause steps to impede upon the public beach when built as prescribed in this article, a landing may be built to allow steps to land in an easterly or westerly direction, terminating on private property and meeting all required setbacks. A local permit officer shall determine, based on findings following a site visit and after analyzing specific site conditions, in which direction steps shall land. In no case shall the development exceed what is absolutely necessary and required by the state building code for landings and turnaround areas.

(4)

If an additional set of steps that would terminate beneath the primary structure for access to storage, parking, or shower facilities is desired by a property owner, this may be allowed as long as the development would not increase damages to dunes or vegetation. In no case shall the development exceed what is absolutely necessary and required by the state building code for landing and turnaround areas.

(5)

Cantilevered seating areas along walkways will be allowed, but in no case shall the entire width of the walkway, including the cantilevered area, exceed six feet.

(6)

New construction (includes the construction of new residences, accessory structures, additions, or enlargements permitted by section 8-121) of decks, walkways, and steps will be in accordance with CAMA regulations. A CAMA minor development permit must be obtained for all new construction. New construction of walkways and steps for the purpose of gaining access to the public beach shall be constructed in accordance with applicable CAMA regulations for such structures. No part of the structure or any supporting member of any deck, walkway, or step will be allowed to rest on public property. For the purposes of this article, private property ends and public property begins at the mean high water mark as surveyed by the USACE in January 2000. Walkways and steps may in no way encroach into the side setbacks of the district in which the structure is located unless it is a town-approved shared access by neighboring contiguous property lines. A maximum of one single or shared walkway per residence/property is permissible and such walkways shall be compliant pursuant to section 14-129. In areas where the mean high water mark as surveyed and determined by the USACE in January 2000 is located within six feet or closer to the oceanward side of any home or other structure proposing to construct a deck, walkway, or steps, then, in that event, a deck or walkway up to six feet in width may be constructed, but the deck or walkway must be supported by cantilevering to the main structure or angle-bracing sufficient to meet all state building code standards as the code may be amended from time to time. It is the purpose and intent of this section to allow new construction of decks, walkways, and steps on existing structures where such construction might necessarily extend beyond the mean high water mark, but at the same time to prevent any part of the deck, walkway, or steps, or its supporting members from coming to rest on public property, except to the extent absolutely necessary to allow landing of steps within the area of six feet seaward of the existing structure. Angle-bracing and cantilevering shall not be required in those areas where construction would allow for all portions of the deck, walkway, or steps to remain on private property.

(7)

The following are intended to apply to replacement of decks, walkways, or steps which have been damaged more than 50 percent of their value, based on actual replacement costs, including labor and material:

a.

Decks on existing structures may be replaced, provided that they are constructed in accordance with the state building code as the code may be amended from time to time. The deck may not exceed six feet in width, but may extend the full length of any previous deck that existed on the structure.

b.

If the mean high water mark as surveyed and determined by the USACE in January 2000 is located six feet or closer to the oceanward side of the existing structure, then any deck to be constructed pursuant to this article may not exceed six feet in width and must be supported entirely by cantilevering or diagonal bracing attached to existing house pilings. The design and construction of this deck must be accompanied by a professional engineer's certificate that the deck will meet all building code standards of the state as such standards may be amended from time to time.

c.

Walkways and steps for access to the public beach shall be constructed in accordance with applicable CAMA regulations for such structures. Steps must land south and be completely within private property as described in this article. Steps and walkways may in no way encroach into the side setbacks of the district in which the structure is located unless it is a shared walkway access by neighboring contiguous property lines. A maximum of one single or shared walkway per residence/property is permissible and such walkways shall be compliant pursuant to section 14-129. In cases where the mean high water mark as surveyed and determined by the USACE in January 2000 is located six feet or closer to the oceanward side of the structure to which the deck, walkway, and steps is to be attached, then in that event, the landing of the steps leading from the deck may come to rest within the area up to six feet oceanward of the house. It is the intent and purpose of this section to allow repair and replacement of decks, walkways, and steps, but at the same time to minimize the intrusion of repair and replacement on public property.

d.

In any case where the general construction of the primary structure would prohibit the attachment of a cantilevered or diagonally-braced deck (i.e., prefirm house not elevated on pilings or with concrete or block pilings that cannot be drilled), a special exception may be made to allow the construction of a freestanding deck, not to exceed the regulations prescribed in this section. An engineer's report confirming these findings must accompany any request for this exception.

e.

New construction (includes the construction of new residences, accessory structures, additions, or enlargements permitted by section 8-121) of decks, walkways, and steps will be in accordance with CAMA regulations. Private shared elevated beach access walkways are permissible along the property line of contiguous lots and parcels so long as a signed and notarized agreement by the properties owners is recorded at the Brunswick County Register of Deeds allowing all property owners access and use rights that runs with the land in perpetuity regardless of any future property owners. Such agreements can be access easements, restrictive covenants, or some other town approved document. A CAMA permit must be obtained for all new construction. New construction of walkways and steps for the purpose of gaining access to the public beach shall be constructed in accordance with applicable CAMA regulations for such structures.

(Ord. of 3-12-2002, ch. 5, art. 1, § 1.9; Amend. of 5-10-2016(1); Amend. of 4-18-2017(2); Amend. of 12-12-2017)

Editor's note

An amendment of May 10, 2016, amended the title of § 14-130 to read as herein set out. Said title formerly read "Decks, walkways and stairs; construction standards."