§ 8-121. Repair and replacement of decks, walkways and steps in the sea turtle habitat restoration area and the harbor sand placement project area.

(a)

Where this section refers to the term "dunes," it shall mean those dunes then in existence on December 10, 1999, or those restored by the town prior to the placement of any sand from the sea turtle project or placement of sand from any other sand placement project.

(b)

This section will apply to all oceanfront private property owner applications for permits for construction, repair or replacement of all decks, walkways and steps to be used for the purpose of gaining access to the public beach from private property along the oceanfront in the town.

(c)

No part of the structure or supporting members of any deck, walkway or steps will be allowed to rest on public property. For the purposes of this section, 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 the placement of sand for the sea turtle project or other sand placement project.

(d)

Street-end access points will employ sand walkovers except those required to be elevated by the project cooperation agreement in the sea turtle project and at the town-designated disability access sites.

(e)

For the purpose of establishing access points between town-owned and town-maintained street-end access points, sand walkover access paths shall be located at approximately 180-foot intervals in 750 feet 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 area and in the area of the harbor project shall be up to ten feet in width as the 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 U.S. Army Corps of Engineers pursuant to the project cooperation agreement or other U.S. Army Corps of Engineers agency rule, wooden walkways or walkovers from private property onto public property will not be permitted. For purposes of this section, 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 the placement of sand for the sea turtle project or other sand placement project.

(f)

To protect and promote the vegetation placed by the town on the new sand dunes as required by the project cooperation agreement 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 foot 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 shall be put in place as areas are vegetated by the town or it volunteers. Consistent with the number of access paths required 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 or delineate access). This vegetation will also be protected by enforcement of the town's existing provisions preventing walking, running, etc., across sand dunes, and violations shall be subject to the penalty provisions of section 1-7.

(g)

Individual property owner access to the public beach will continue as before with the construction, repair or replacement of decks, walkways and steps being governed by the prior ordinance as readopted and clarified by this section. 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 section, private property ends and public property begins at the mean high water mark as determined by the U.S. Army Corps of Engineers' survey as described herein.

(h)

Garbage receptacles will be placed by the town 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 on the amount of usage, be placed at on the seaward and/or landward side of nonstreet-end access points.

(i)

This section is intended by the town to govern construction, repair and replacement of decks, walkways and steps for all oceanfront private property owners in the town and access to and across the public beach in the sea turtle project area and the harbor project area.

(Ord. of 11-10-1999, §§ 1—3; Ord. of 11-19-1999; Ord. of 11-29-1999, § 2; Ord. of 8-14-2001, §§ 1—3; Ord. of 11-13-2001(7), §§ 1—3)

Cross reference

Sea turtle sanctuary, § 4-3.