Native vegetation is unique and extremely important to preservation of the coastline. Beach grass and other native plants protect and stabilize beaches and dunes. These maritime dune communities are sheltered on the back side by a mosaic of maritime shrubland and wetland communities, which together provide essential shelter, nesting habitat, and a rich food resource for resident and migratory wildlife, including rare, threatened or endangered species. Maintenance and enhancement of the continued ecological integrity of the beach, dune, shrubland, heathland and wetland vegetation is essential to the preservation of the essential character and natural and scenic values of the coastline. Therefore, all regulated activities and development in the erosion hazard area and the erosion hazard adjacent area (collectively and severally, "erosion areas") shall comply with the following conditions:
A. For residential lots and tracts, the total area of clearing or other disturbance of natural vegetation or natural grades ("site disturbance") shall not exceed the greater of the area preexisting the 2003 amendments; or the greater of the following area in square feet or percentages of total lot size:
Lot Size (square feet) | Maximum Disturbance Greater of: |
|---|
1 to 15,000 | 50% of lot |
15,001 to 30,000 | 7,500 square feet or 40% of lot |
30,001 to 60,000 | 12,000 square feet or 35% of lot |
60,001 to 90,000 | 21,000 square feet or 25% of lot |
90,001 to 140,000 | 22,500 square feet or 20% of lot |
140,001 to 200,000 | 28,000 square feet or 15% of lot |
200,001 or greater | 30,000 square feet or 10% of lot |
B. Landscaping within the approved site disturbance area shall be at the discretion of the owner or occupant and not subject to regulation under this chapter. At the request of the Administrator, the owner shall deliver a survey by a licensed surveyor identifying the limits of site disturbance and the amount and percentage of the lot cleared or disturbed.
C. For purposes of these clearing limitations, the terms "lot," "tract" and "lot size" mean that portion of a lot or tract (which may be the entire lot or tract) located within the erosion hazard area and adjacent area.
D. Where two residential parcels are merged in the same name and title after the effective date of the original enactment of this chapter (December 1989) and contain only one single-family residence, the maximum allowable site disturbance shall not exceed 1 1/2 times the amount set forth in §
330-46.3A above.
E. For nonresidential lots or tracts proposed for development, the amount of site disturbance shall not exceed 50% of the area of the lot or tract.
F. Structural pedestrian walkways or accessways over dunes or bluffs and permeable driveways located landward of the applicable dune setback line shall be excluded from site disturbance calculations.
G. Any and all applications for a coastal erosion management permit or building permit within the erosion hazard area or the adjacent area shall include native revegetation and restoration measures sufficient to meet the standards set forth below:
(1) The limits of site disturbance shall be identified.
(2) The applicant for a permit shall have the proposed building and/or structure and the areas to be disturbed staked by a licensed surveyor in accordance with the survey. In addition, stakes shall be installed marking the perimeter of the area to be disturbed.
(3) Each application for development shall include a revegetation and restoration plan, which utilizes native vegetation and which revegetates and restores areas that are temporarily cleared or disturbed beyond the limits set forth in §
330-46.3A during development activities, or are required to be revegetated pursuant to Town Code §
138-17D in connection with a permitted expansion of a lawfully preexisting nonconforming principal residence.
(4) Revegetation and restoration shall, to the maximum extent possible, result in the reestablishment of the native vegetation association which existed prior to site disturbance.
(5) Native vegetation authorized and approved by the Chief Environmental Analyst shall be used for revegetation and restoration purposes.
H. The provisions of this section do not apply where the natural vegetation on a lot or tract has been substantially disturbed as a result of agricultural land uses prior to the effective date of the 2003 amendments; provided that such previously disturbed lands (or any portions thereof) that are left to revert to natural vegetation for a period of five years shall be subject to the provisions of this section.