HomeMy WebLinkAboutWaterfront Access Plan-1990l
CITY OF SOUTHPORT
WATERFRONT ACCESS PLAN
1990
BRUNSWICK COUNTY
NORTH CAROLINA
on 11■ r� i�
Prepared By:
T. Dale Holland Consulting Planners
PROPERTY OF
DIVISION OF COASTAL MANAGEMENT
PLEASE DO NOT REMOVE
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CITY OF SOUTHPORT, NORTH CAROLINA
WATERFRONT ACCESS PLAN
CITY OF SOUTHPORT BOARD OF ALDERMEN
C. B. Caroon, Mayor
Nelson Adams
James Brown
Mary Childs
William Crowe
Harry Gore
Paul Sweeney
CITY OF SOUTHPORT PLANNING BOARD
Douglas Ledgett, Chairman
Charles Sunder
Barbara Clewis
William Phillips
William Delaney
James Evans
Robert Tucker
Prepared By:
T. Dale -Holland Consulting Planners
December, 1990
The preparation of this report was financed in part through a
grant provided by the North Carolina Coastal Management Program,
through funds provided by the Coastal Zone Management Act of 1972,
a as amended, which is administered by the Office of Ocean and
Coastal Resource Management, National Oceanic and Atmospheric
Administration.
CITY OF SOUTHPORT, NORTH CAROLINA
s
WATERFRONT ACCESS PLAN
TABLE OF CONTENTS
Page
I.
Introduction and Purpose
1
II.
Inventory and Analysis of Existing Sites
6
A. General
6
B. Analysis of Existing Water Access Sites
6
III.
Water Access Needs: Existing and Projected Demand
10
A. Population Overview
10
B. User Analysis/Survey Results
10
C. Minimum Access Needs
13
D. Water Conditions
14
E. Shoreline Access Plan Objectives
14
F. Priority Issues
15
IV.
Shoreline Access Policies
23
TABLES
1. Shoreline Access Sites 9
2. Projected.Population, 3% Annual Growth 1990-1995 10
3. Projected Minimum Acreage Needs 13
4. Representative Boat Ramp Access Development Costs 17
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SOUTHPORT
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CITY OF SOUTHPORT .
CITY OF SOUTHPORT, NORTH CAROLINA
WATERFRONT ACCESS PLAN
I. INTRODUCTION AND PURPOSE
The City of Southport has a rich history which is closely
tied to the water and its shoreline. Within its one mile
extraterritorial area, the City has approximately 4.85 miles
of shoreline. The shoreline is almost evenly split between
the Cape Fear River and the Intracoastal Waterway. Few
other North Carolina communities have equivalent access
opportunities and direct exposure to shoreline areas.
However, the opportunities this access presents to the
Southport residential and business communities have, for the
most part, remained underdeveloped.
The need for and benefits of shore access have long been
recognized by the Southport community.
The City's 1990 Land Use Plan further addresses shoreline
access. A review of the Waterfront and Downtown Revital-
ization Plan was recommended to consider further options for
enhancing the downtown/waterfront area. The suggested
options included:
-- Options for visual and tangible integration of the
downtown and waterfront areas.
-- Extending the scope of proposed waterfront improvements
to include a greater section of the City's waterfront.
One possibility would be establishing linkages from the
existing park along Bay Street through the commercial
fisheries area at the end of Bay Street, to and
including the yacht basin area. Linkages would be
placed in existing rights -of -way and public access
areas.
-- Addressing deficiencies that still exist regarding the
u amount and location of parking and water access.
The 1990 Land Use Plan further emphasized waterfront access
by including the following policy, goals, objectives and
strategies:
1
Waterfront Access Policy
The City of Southport wishes to continue to improve access
to.waterfront areas for a variety of recreational purposes.
The City is committed to providing facilities which enhance
access and use of access areas, including walkways, docks,
passive recreation areas and parking areas, by means and
methods which minimize potential environmental and aesthetic
impacts.
Water access improvements in Southport should include
aconsideration
for the following types of access:
° Visual access and the preservation of existing views
across public lands.
Improvements to enhance visual access could include
landscaping walkways in areas where parking is not
a
feasible; and protecting existing views through local
controls such as the height limitations stated in the
current Zoning Ordinance.
°
Access for fishing or boating. Where feasible, these
activities should be kept separate to avoid use
conflicts. The scale of such facilities should be in
a
keeping with surrounding uses and the scale of the
existing site.
D
The City should develop a strategic plan for water access
improvements which could then be implemented over a period
of years. These improvements should be scheduled to make
maximum use of State shoreline access funds.
Careful attention should be given to the improvement of
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smaller sites along the waterfront in order to make maximum
use of access to the shore, using creative, lower cost
approaches where practical. The City should acquire water
access through negotiated purchase when waterfront access
areas come available and should avoid strip purchases
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between lots.
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GOAL 1: Preservation and management of natural resources
in the Southport planning area.
Objective 1 A: Continue with existing methods of
preserving and managing natural resources.
Strategies:
° Continue to adhere to current Chapter 15A.07J NORTH
CAROLINA ADMINISTRATIVE CODE in any AEC which would
have a detrimental effect on public trust waters to
the extent that such waters would be closed to
shellfish harvesting under standards set by the State
of North Carolina, or violate any rules, regulations
or laws of the State of North Carolina or the City of
Southport.
° Uphold the development standards set forth in the
Coastal Area Management Act in lands classified
Conservation within Southport's planning
jurisdiction.
aObjective 4 A: Support land development strategies which
are consistent with the existing character of Southport.
Strategies:
° Enforce existing height limits along waterfront areas
which will protect existing waterway vistas as
outlined in Southport's Zoning Ordinance.
Objective 4-C: Preserve historic areas and archeological
sites.
Strategies:
° Review the recommendations for a harbor preservation
program contained in the Southport AIA Urban Design
Study, 1991.
Objective 4-D: Maintain and improve the aesthetic
qualities of Southport.
Strategies:
a ° Review recommendations for appearance improvements
made in the.1991 Southport AIA Urban Design Study
for further actions which can be taken.
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o_ 3
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a
adowntown
Objective 4-E: Continue to promote the redevelopment of
and waterfront areas in Southport..
Strategies:
° Review recommendations of the 1991 Southport AIA
Urban Design Study for further actions which can be
taken.
° Continue the strategy of obtaining combinations of
public funding and private investment for redevelop-
ment projects.
° Enforce established regulations and standards for
redevelopment projects.
° Continue to involve community citizens and business-
men in the redevelopment process and to create
community -wide interest and support for redevelopment
projects.
Objective 5-C: Continue to improve recreational facili-
ties and programs in the community.
Strategies:
° Continue improvements to the waterfront park.
° Seek land or monetary donations for park and
recreation sites.
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° Inquire about and seek additional State and Federal
funds or matching grants for the establishment or
improvement of park and recreation facilities.
Because Southport does not have any ocean shorelines or
barrier islands, this plan will focus on estuarine, creek
and river access. Emphasis will be placed on protecting
environmentally sensitive areas, while providing access
sites which will support tourism and local.recreational
activities. This plan will consider both the number of
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sites required and their location/ease of access by the
public and will recommend priorities of acquisition and
availability based on survey results. The need for access
to points of interest, such as service or historic areas,
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will be considered. It is important that this plan effec-
tively link the diverse needs of Southport's residential and
business communities to the opportunities which exist along
the City's shoreline and estuarine areas. Southport should
a
concentrate on developing existing public accessways before
acquiring new sites_. The City's acquisition approach should
be through negotiated purchase.
4
The City's goals for accessing, protecting and developing
its shoreline areas.are consistent with State policy. In
1981 and 1983, the North Carolina General Assembly acted to
create the Coastal and Estuarine Waters Beach Access
Program.- This act was based on the desire to provide North
Carolina citizens access to barrier island ocean beaches and
estuarine shorelines. The program is administered by the
Coastal Resources Commission through the Division of Coastal
Management. The major purpose of the program is to assist
local governments, such as Southport, in planning, acqui-
ring, designing, and constructing public access projects.
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The City's goals for accessing, protecting and developing
its shoreline areas are consistent with State policy. In
1981 and 1983, the North Carolina General Assembly acted to
create the Coastal and Estuarine Waters Beach Access
Program. This act was based on the desire to provide North
Carolina citizens access to barrier island ocean beaches and
estuarine shorelines. The program is administered by the
Coastal Resources Commission through the Division of Coastal
Management. The major purpose of the program is to assist
local governments, such as Southport, in planning, acqui-
ring, designing, and constructing public access projects.
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A. General
There are currently thirteen (13) water/shoreline access
sites located in the City of Southport or its extra-
territorial area. Most of the sites are clearly defined
points of access. Five (5) of the sites are publicly
owned and readily available for shoreline access.
However, a sixth public site is the N.C. Wildlife boat
ramp which is located on Dutchman Creek immediately
north of the City's extraterritorial jurisdiction.
Visual access areas are an important aspect of the
Southport shoreline. They tie both residential and
commercial areas to the shoreline. The areas include:
Bay Street, the City dock area, East River Drive, and
the central business district. All north- soutlX
oriented streets in the central business district have a
clear view of the shoreline for at least two blocks away
D
from the shore. These visual areas provide primarily
passive access.- However, they serve to showcase the
beauty which is uniquely Southport's.
Access sites are assessed by use and classified in one
of five categories:
a
1. N.C. Wildlife Access Ramp -- 1
2. Public -- 5
3. Private (i.e., restricted) -- 6
4. Private with general use allowed -- 1
a
5. Visual access -- 4
Map 1, "Shoreline Access Sites," attached, shows the
location of all of the sites analyzed. A brief
narrative description of each site is presented in the
following section.
B. Analysis of Existing Shoreline Access Sites
Site #1: North Carolina Wildlife boating access area.
This site contains two concrete boat ramps and treated
wood pier in good condition. There is parking space for
approximately 25 cars with trailers. The parking lot is
graded with rock surface. Access to ramp is off of
S.R. 1101.
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Site #2: Private boat ramp in Smithville Woods. This
is a new concrete boat ramp and treated wood pier with
future lighting capability. The site accesses Dutchman
a
Creek.
Site #3: New Bald Head office and ferry. Development
completed in 1990. The ferry has a capacity for 105
passengers and luggage.
Site #4: Indigo Plantation Marina. This marina was
completed in 1990. It contains concrete bulkheads and
a
protected boat slips (34 boat slips existing with more
to be constructed). Access is by Indigo Plantation
Drive.
aSite
#5: Southport Marina (NCSPA). This site has a
small boat forklift and two large boat lifts, one 75-ton
and one 35-ton capacity. The 35-ton lift will access up
to 35-foot boats; and the 75-ton lift will accesq boats
in excess of 70 feet. There are paved roads with park-
ing facilities; a marine equipment sales facility;
covered boat slips and uncovered boat slips with con-
crete piers, fuel facilities, water and electric facili-
ties; an office with bathrooms and showers; and two
public telephones. The boat yard is available for dry-
dock repairs. There are approximately 100 boat slips
available, and also dry storage capability for up to 72
small boats.
Site #6: Southport Marina boat ramp. There are three
concrete ramps including three wooden piers. The area
is well lighted; has access to parking; and contains a
wash stand with four water spigots. The boat ramp fee
is $3.00.
aSite
#7: Private docks owned by fishing companies,
restaurants and individuals. The American Fish Company
a
has a concrete parking lot that contains lights, refrig-
eration, and a building at the water. Activities
include charter boats, wholesale and retail sales
operations.
aSite
#8: Private docks owned by individuals. The docks
are owned mostly by local residents. These are in
various states of disrepair, with wooden bulkheads and
a
wooden structures.
Site #9: Dock owned by City of Southport. This dock
has approximately 40 boat slips. The wooden pier is in
fair condition. There is no parking facility, only a
loading and unloading area at the end of the dock. It
is well lighted and has a water and power supply.
7
Site #10. City pier. The pier is concrete construction
except for wooden handrails and cross bracing. Boats
are allowed.to dock by permission of the city. Fishing
is permitted.
Site #11. Bald Head Island pier and cargo ferry. There.
is a barge available for the transport of large
materials, and also a boat yard.with a crane to lift
boats for drydock repairs.
Site #12. Bald Head Island barge landing. A river
shoreline beach used as access for loading and offload-
ing cars, trucks and materials for transport to Bald
Head Island. Access is by a dirt road. The land is
owned by ADM, Inc.
Site #13. Fort Fisher Ferry, owned by NCDOT. The ferry
capacity is approximately 25 cars. Ferry landing has
paved parking lot with approximate capacity of 1,00 cars.
Parking is well lighted; the site has water and
restrooms free for public; a picnic area with three
tables, trash receptacles, drink machine, snack machine,
and public telephone.
Site(s) #14: Visual Access Areas:
a. Bay Street
b. Central business district/within two blocks of the
shoreline
c. City dock area
d. East River Drive
e. 9th Street at Cottage Creek
TABLE 1: SHORELINE ACCESS SITES
Site
No.
Location
Type
Condition
Ownership
1.
Dutchman Creek
A
G
N.C.
N.C. Wildlife Boat Ramp
2.
Smithville Woods Boat Ramp
C
G
Private
3.
Bald Head Office & Ferry/
C
G
Private
Indigo Plantation
4.
Indigo Plantation Marina
C
G
Private
5.
Southport Marina (NCSPA)
B
G
N.C.
6.
Southport Marina Boat Ramp
B
G
Southport
7.
Fishing Company Docks
C
F
Private
8.
Private Boat Docks/Bay Street
C
P
Private
9.
City Dock
LG
F
Southport
10.
City Pier
LG
G
Southport
11.
Bald Head Island Ferry
C
G
Private
12.
Bald Head Island Barge
D
U
Private
Landing/Cape Fear River
on ADM property
13.
Fort Fisher Ferry
B
G
N.C.
A -
N.C. Wildlife Facility
U
- Unimproved
B -
Public
G
- Good
C -
Private/restricted
F
- Fair
D -
Private unrestricted use
P
- Poor
LG -
Local Government
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III. WATER ACCESS NEEDS: EXISTING AND PROJECTED DEMAND
A. Population Overview
The 1980 Census indicated that Southport had a popula-
tion of 2,835 persons. This was a 27% increase over the
1970 population of 2,220. The 1987 Brunswick County
Land Use Plan indicated a 1987 population of 3,148.
This was a substantial increase of 420. However, the
rate of growth was lower than the 52% increase experi-
enced by Brunswick County from 1980 to 1987.
The 1990 Census indicated a drop in population from
2,835 to 2,370.
aTable
2: 1990 Census, 33% Drop in Population
1990 to 1995
1990 1995
2,370 2,200
a
This document accepts for planning purposes that growth
is static. However, Southport has strong tourist
a
attractions. Many visitors to the City are interested
in shoreline access. Events through the year, such as
the 4th of July celebration, emphasize the need for
a
shoreline access. Therefore; when planning for shore-
line access, Southport must plan for demand above that
created by its resident population.
B. User Analysis/Survey Results
In order to insure citizen input and to obtain a compre-
hensive data base, Southport undertook a survey of City
residents.
In December 1988, 1,200 questionnaires were mailed to
city utility customers with the monthly bills. It is
estimated that 800 of those mailings went to individual
residences. The recipients -were requested to return the
questionnaires by January 15, 1989. By mid -February,
1989, a total of 178 responses had been received. Out
of the total mailing, a 15% response rate was received.
However, if only the mailings to residences are counted,
a 22% response rate was achieved. Both rates of
response are considered sufficient to constitute a valid
survey. In addition, the distribution of the surveys
was announced through an article in the State Port
Pilot.
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The survey results indicate a positive reaction to
development of shoreline access facilities. The
complete responses to -the survey are provided in
Appendix I. However, the following summarizes the
aresponses:
-- The majority, 73%, favored additional access areas.
-- 61% believe that Southport should utilize local tax
dollars to finance acquisition of access areas.
-- 58% of the respondents believe that developers should
be required to reserve areas and/or rights -of -way in
new subdivisions for shoreline access for use by sub-
division residents. A slightly larger number, 62%,
indicated that shoreline access in new subdivisions
should be reserved for use by non -subdivision
a
residents.
-- A range of facilities/activities were suggested as
desirable for shoreline access areas. However, the
following facilities clearly generated the greatest
interest: boat ramps (83 responses), restrooms (99
responses), picnic tables (108 responses), docks (63
responses), and natural areas (92 responses).
-- 100, or 56%, of those responding indicated a willing-
ness to pay user fees for the use of facilities.
-- A clear majority, 132 (or 74%) of the responses,
indicated that both visitors and city residents would
benefit from additional waterfront access areas.
However, 33 (19%) believe that businesses would
benefit greatly.
a-- The preferences for future additional access areas
are important. Additional visual access on the river
was the clear preference, with 113 (or 63%)
a indicating this location as a need. Other areas
include the following: boat basin (58 responses),
Intracoastal Waterway (57 responses), marsh (26
responses), Dutchman Creek (25 responses), and
Price's Creek (16 responses).
-- The majority responding, 60%, indicated that both
State and local governments should be responsible for
providing additional access areas. A total of 56, or
31%, believe the Federal government should share
a responsibility. Only 30, or 17%, believe that
businesses should be responsible.
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-- The majority of those responding, 69%, believe that
the City's image would benefit the most from addi-
tional access development. Other primary benefi-
ciaries included the following: recreation (108
responses, or 61%), tax revenues (95 responses, or
53%), preservation (87 responses, or 49%), and
increased personal income (53 responses, or 30%).
-- There were numerous negative concerns identified.
However, only three had a significant response or
identification rate. First, 36, or 20%, identified a
a
concern with litter/garbage and general overall
cleanliness of sites. Second, 18, or 10% of those
responding, indicated a concern with the quality and
cost of.long-term maintenance. Finally, 15, or 8%,
a
indicated a concern with increased taxes. All other
concerns are indicated in Appendix I.
-- The questionnaire requested the identification of
existing shoreline access sites. The responses did
not identify any locations not previously known to or
identified by the City of Southport. Most responses
generally indicated that the principal area consid-
ered as shoreline access was the small boat harbor -
Bay Street - City dock area. Very few responses
indicated that marsh areas were considered existing
access sites.
The following -summarizes the.important conclusions to be
drawn from the survey responses:
-- The responses clearly support the Southport shore-
line/waterfront access goals identified in the 1990
Land Use Plan and the 1991 Southport AIA Urban Design
Plan.
-- Development of additional shoreline access will bene-
fit both the residential and business communities.
-- The City of Southport should develop existing public
access.
-- Future sites should place priority on: (1) Cape Fear
River, (2) boat basin/Intracoastal Waterway,
(3) Dutchman Creek, (4) Prices Creek.
-- The City should be encourage developers to provide
shoreline access as part of their development plans.
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-- Plans for shoreline access development should be
integrated with other City assets such as the
historic district, central business district,
estuarine (marsh) areas, and passive or visual access
areas. Greater use of signage would be a simple
means of tying these elements together.
(� C. Minimum Access Needs
The North Carolina State publication, A Beach Access
Handbook for Local Governments, March 1985, provides
minimum recommended access needs. These needs are based
solely on population size and do not take into account
location or access. Based on those standards, the
following table summarizes Southport's access needs:
Table 3: Projected Minimum Acreage Needs
Acreage/
2000
Acreage
Access Type
1,000 Pop,
Population
Recommended
Boat Access Areas
1/2 Ac.
5,861
2.93 Ac.
Estuarine Waterfront Park
1 Ac.
5,861
5.8 Ac.
Visual Enhancement Areas
1/2 Ac.
5,861
2.93 Ac.
The City of Southport currently meets, but does not exceed,
these standards. The boat ramp at the small boat harbor
satisfies the area requirement for boat access areas. The
City owns approximately 1.5 acres of shoreline at the City
pier area. The N.C. Wildlife Dutchman Creek boat ramp
(accessed from N.C. 133) is not considered to directly serve
Southport's access needs. This should be considered to serve
primarily as a visual enhancement area. The only active
pursuit is fishing from the City pier. However, many areas of
the City's river shoreline,and central business district
provide visual enhancement. There are not any estuarine
waterfront parks.
In accessing Southport's shoreline access needs, the State
minimum acreage guidelines are considered insufficient for the
following reasons:
-- Southport has tremendous tourist attraction which causes
its shoreline access needs to exceed the State standards
which are based on resident population.
-- Southport's history and current economic structure are
directly tied to its shoreline areas.
-- As evidenced by the citizen survey, the Southport
population has strong interest in further shoreline
development.
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-- The 1990 Southport Land Use Plan sets goals and
objectives which emphasize shoreline development.
Water Conditions
The North Carolina Department of Natural Resources and
Community Development, Division of Environmental
Management, utilizes the following water conditions
classifications:
Class SA: suitable for commercial shell fishing and all
other tidal salt water uses.
Class SB: suitable for swimming and primary recreation
and all Class SC uses.
Class SC: suitable for secondary recreation and fish
propogation.
All water areas in or adjacent to Southport are classi-
fied SC. They readily lend themselves to both fishing
and general recreation. For both environmental and
__economic reasons, Southport's water quality should be
vigorously protected.
U E. Shoreline Access Plan Objectives
A City of Southport shoreline access plan must respond
ato many interests. It is obvious from past plans,
current analysis, and citizen input that business,
resident, tourist, preservation and recreation interests
a will all be served through the development of a compre-
hensive shoreline access plan. In order to be effec-
tive, the plan must accomplish the following:
-- Implement the shoreline related goals included in the
1990 Southport Land Use Plan.
-- Serve to preserve shoreline and estuarine areas.
-- Integrate shoreline, central business district and
historic preservation interests.
-- Provide for making shoreline access areas available/
accessible to tourists, especially the transient
boater.
Serve to enhance Southport's visual image.
In order to comprehensively address these concerns, the
plan must address recommendations for specific sites and
define local government actions which must occur.
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F. Priority Sites
1. The City's first priority for shoreline access will
be improvements to the City pier.
The City of Southport should make improvements to
the existing City pier to provide boating access and
enhance its utility as a regional estuarine access_
facility. A total of 80 parking spaces are avail-
able within three hundred feet of the pier. The
overall structural integrity of the pier is good.
a
The City replaced the rails and constructed a
101 x 40' floating dock that will provide temporary
short term dock time primarily for loading and
unloading passengers.
aThe
City will install mooring buoys in the Cape Fear
River paralleling the shoreline immediately north of
the city pier. The buoys should be installed
a
outside of the navigation channel. A total Df three
to five buoys will be installed. The exact distance
of the buoys from the shoreline cannot be determined
a
until a river bottom survey has been completed and
the locations have been coordinated with the U.S.
Corps of Engineers and the U.S..Coast Guard. The
buoys could provide temporary (including overnight)
anchorage for transient boats. Access to the
Southport shoreline and commercial/cultural areas
will be significantly increased.
RECOMMENDATION: It is recommended that the City of
Southport -apply for FY1989 North Carolina Coastal and
Estuarine Water Access Funds. The proposed project
could be funded with 75% State funds and 25% local
funds. This has been done -.and was completed in 1990.
2. The second priority site should be development/
redevelopment of access at the boat basin. This
a
will respond to the need for.more/better access
along the Intracoastal Waterway. The City should
accomplish this through upgrading and expanding City
dock facilities and improving the boat ramp facili-
ties at the small boat harbor.
The first priority in the boat basin area should be
improvements to the City dock and the provision of
additional parking.
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111
The City of Southport city dock is rapidly deteri-
orating and is in need of substantial repair. In
addition, there is not a transient docking facility
at the city dock. The shoreline on both sides of
the dock is eroding rapidly. Finally, there is
inadequate off-street parking at the facility.
The City of Southport has constructed 220 L.F. of
bulkhead paralleling Brunswick Street. The bulkhead
does not infringe on any marsh or estuarine areas.
All construction will be on public right-of-way.
The area behind the bulkhead should be filled to
a street elevation with pervious material and a marl
surface. The filled area provides space for 15
off-street parking spaces.
The City should install a 45' x 6' floating dock at
the end of the city dock to provide access and tem-
porary dockage for transient boats. The dock should
also be repaired, with 23 deteriorated pilings
replaced and hand rails installed.
A map of the proposed project is provided in
Appendix III. The following provides a detailed
cost analysis.
COST ESTIMATES FOR REPAIR OF CITY DOCK
AND BULKHEAD CONSTRUCTION
CITY DOCK REPAIR WITH FLOATING DOCK
Quantity Description
Unit Price Amount
23
2.5
Piling, 10" to 12" but
$100.00
25'
to 35'
3
2.5
Piling, 12" but x 45'
175.00
3
Stainless steel bracket
45.00
8-
2 x
10 x 8 billet
50.00
6
2 x
8 x 16
8.00
3
2 x
8 x 14
7.50
40
2 x
8 x 12
7.00
23
1/2
x 16 to 12 bolts nut washer
2.50
Handrail with 41x4' and fasteners
23 Pull old piling
23 Piling drive
TOTAL including labor
$ 2,300.00
525.00
135.00
400.00
48.00
22.50
280.00
57.50
1,250.00
50.00 1,150.00
125.00 2,875.00
$ 9,043.00
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BULKHEAD CONSTRUCTION (Completed)
Quantity
Description Unit Price
Amount
45
2.5 Piling - 8" to 10" top 50.00
$ 2,250.00
16' to 20'
350
V groove 2.5 2 x 8s 8.00
2,800.00
30
2.5 full cut 4" x 6" x 16' 26.00
780.00
23
135
Dead men 15.00
Hot dip galv. 1/2 x 16 bolt 2.50
345.00
337.50
nut washer
103
Tie.rods 5/8 to 3/4 10.00
1,030.00
2201x8' Silt screen
250.00
Fill
3,000.00
50 lbs. hot dip nails
30.00
aMaterial
Cost
$10,822.50
Complete job, labor and material
$20,600.00
aTOTAL
$29, 643.00
Improved boat ramp facilities should include
the
following items and general costs:
Table 4
Representative Boat Ramp
Access Development Costs*
-Item
Parking Lot (marl/gravel)
$19,500
1 concrete boat ramp
7,000
Restrooms (buildings only)
10,000
Lighting (5 lights)
1,500
Signage
1,000
a
Dock/piers w/bulkhead
12,000
Landscaping
11000
Trash receptacles
800
Concrete wash stand
2,500
a
$56, 800
*Does not include the cost of an access
cost of land lease/purchase.
road or the
It is recognized that the construction
of additional
boat ramp(s) at the City dock/small boat
harbor area
may be difficult, if not impossible. Space is
limited and*salt marsh/areas of environmental concern
may prohibit any major expansion.
a
SCHEDULE/FY1989.
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RECOMMENDATION: It is recommended that the City
of Southport apply for FY1990 North Carolina Coastal
and Estuarine Water Access Funds to install city
dock improvements. A higher level of City partici-
pation in the total project cost than 25% may be
required to make the project more competitive.
Secondly, it is recommended that the City of
Southport develop a specific plan for the develop -
ment/redevelopment of the basin area. This plan
should address:
-- Identification of environmental problems.
-- Desirability/need for dredging.
-- Options for expansion of City dock facilities.
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-- Options for construction of additional boat_ ramp
facilities.
-- Need for support facilities such as restrooms and
parking.
-- Options for acquisition of private dock facili-
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ties adjacent to the existing City dock.
This plan should be closely coordinated with the
Q
overall development of facilities and visual
enhancement activities along Bay Street. The
estimated cost of the plan is $15,000.
SCHEDULE/FY1989/1990, PLAN PREPARATION ONLY.-
3. The central business district remains in need of a
specific/detailed development plan. Such a plan
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should tie the central business district to the
shoreline areas and improve the provision of goods
and services to adjacent residential areas. Many of
those adjacent residential areas are low -to -moderate
income.
RECOMMENDATIONS:
(1) Pursue masterplan for Central Business District
(�
Redevelopment completed in 1991. Funding
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locally at a cost of $15,000.
SCHEDULE/ FY1991
(2) Pursue funding for business development through
applications for Community Development Block
Grant funds. Costs will be determined following
the preparation of the redevelopment plan.
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4. Access to the valuable marsh and estuarine areas
located within the City of Southport and its extra-
territorial jurisdiction should be provided. Read-
ily available access for visual observation is not
now provided. This access should be for passive
recreational purposes -only. Actual access into
marsh/estuarine areas should not be encouraged.
Visual access stands should be constructed at the..
following locations on existing State and/or City
property or right-of-way:
-- State owned point of land between Yacht Basin and
Southport Marina.
-- Prices Creek on Moore Street.
-- Prices Creek on Leonard Street.
-- Cottage Creek at 9th Street.
The cost of constructing observation stands can vary
greatly depending upon design of the stand and site
conditions. However, construction costs are gener-
ally estimated at $1,500 per stand, or a total cost
of $6,000.
RECOb=NDATION: Establish contact with N.C.
Department of Transportation to obtain approval for
the construction of observation..stands on DOT right-
of-way. SCHEDULE/FY1989. Begin construction of
observation stands. Total cost will be $6,000.
SCHEDULE/FY1990 AND CONTINUING FY1991.
5. As discussed in this plan and emphasized in both
-previous plans and the citizen survey, integration
of Southport's shoreline with its other amenities is
extremely important. Both shoreline site and
non -shoreline areas must be linked. The method of
linkage should be available to both tourists and
residents. The sites/areas which should be linked
into an integrated system include:
-- Conservation areas
-- The small boat harbor and City dock
-- Bay Street -
Bald Head Island ferry
-- Southport -Fort Fisher ferry
-- Southport central business district
-- Southport historic preservation district
Obviously, these sites may be connected by vehicular
access. However, this may not be preferable to
those desiring leisurely inspection of Southport's
sights or those traveling by boat or air. There-
fore, it is recommended that a formal bike route
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with caution and directional signage be established.
The recommended route is indicated on the water-
front/shoreline access plan, Map 2. The proposed
route is 7.8 miles total length. However, several
alternate routes are proposed which could shorten
the distance traveled.
Signage will be the primary expense in establishing
the bike route. Eighty caution signs at a cost of
$50 each should be erected every 500 linear feet for
a total cost of $4,000. Directional -information -
display signs should be constructed at major points
of interest. These should be attractive, consistent
with Southport's landscape, and of sturdy construc-
tion. Approximately eight signs will be required at
a cost of $500 each, or a total cost of $4,000.
However, cost will vary greatly with size and
sophistication of design.
RECOMONDATION: It is recommended that the City
a
of Southport contact the N.C. Department of,Trans-
portation to coordinate theestablishment of a bike
route. SCHEDULE/FY1989. The City of Southport
should implement the construction of_a formal bike
route with adequate signage. The estimated cost
will be $8,000. SCHEDULE/FY199.0-1991.
6. Further emphasis should be placed on enhancing
Southport's visual access areas. Particular
attention should be paid to shoreline areas along
Bay Street in the vicinity of the City pier. This
may be accomplished through implementation of a
coordinated landscape plan. Such a plan should be
abased
on the following concepts:
-- Volunteer planting and maintenance by citizens
and civic groups. .
-- Supervision of the plan and its implementation by
the City or a volunteer established civic group.
-- Participation by the City and owners of private
shoreline property in dedicating property to
adevelopment
of the landscaping plan.
-- Utilization of low_ cost and low maintenance
plants.
-- Regular.policing of shoreline areas for trash
collection and plant maintenance.
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RECOMMENDATION: It is recommended that the City
of Southport develop an "Adopt The Shoreline Pro-
gram." The program should generally be patterned
after the N.C. DOT Adopt -A -Highway program. How-
ever, the City's shoreline program will be more time
consuming and expensive because initial planting and
long-term maintenance will be required. The City
should solicit sponsorship of the program by one or
more principal civic group(s). The sponsoring
organization(s) should be involved in the develop-
ment of a simple landscaping plan which would be
paid for with City funds. The implementation of the
plan would be accomplished with volunteer labor and
contributions of private funds to finance plantings.
Businesses in the central business district and
shoreline areas should be instrumental in providing.
financing. It is recognized that a planting plan
must not "destabilize" shoreline areas and should
not disturb the shoreline vista. The adoption plan
should not provide for continuous planting gr-pro-
hibit pedestrian access to the shoreline. In fact,.
annual vegetation in limited areas may provide the
plantings needed to enhance shoreline areas. Any
planting on private property would have to be accom-
plished under terms of an access agreement executed
between the City and the property owner. The
initial implementation of the "Adopt The Shoreline
Program" may be limited to City -owned property.
The implementation of a -shoreline landscape plan
should be accomplished primarily through private
funds. However, the development of a landscape plan
should cost approximately $4,000 and be financed by
the City of Southport..
a RECOMMENDATION: The City of Southport should
identify a civic/private organization sponsor and
develop an "Adopt The Shoreline Program." The land-
scape plan cost is estimated at $4,000.
SCHEDULE/FY1989, DEVELOP PROGRAM DETAILS.
FY1990, ADOPT -LANDSCAPE PLAN AND BEGIN PLANTING.
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The following provides a cost summary of all access plan
proposals:
Priority Item Cost
1. City Pier/Mooring Buoy Improvements (FY89) Complete
2. City Dock/Bulkhead Improvements (FY90) Complete
Preparation of Redevelopment Plan for
City Dock and Small Boat Harbor Area $ 15,000
(FY89/90)
3. Central Business District Masterplan 1991 Complete
4. Conservation Area Observation Stands (FY90/91) 6,000
5. Bike Route Signage (FY90/91) 8,000
6. Shoreline Landscape Plan (FY89/90) 4,000
Total $ 33,000
The total cost of $33,000 may increase substantially if a
specific plan is developed and implemented.for the entire
small boat harbor and City dock area. In addition, costs
are not assigned for City personnel time which will be _
required to accomplish implementation of this plan.
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IV. SHORELINE ACCESS POLICIES
The establishment and maintenance of beach, boat or visual
D
access areas by the City will be expensive. Cooperative
ventures involving State, local and Federal governments and
private funding sources must be pursued. To support this
multiple funding approach, the following policy statements
will be pursued:
A. The City of Southport recognizes that most shoreline
access facilities will not be revenue producing. Devel-
opment should be undertaken with the clear understanding
that the facilities will be a perpetual expense. Except
for possible overnight docking fees and boat ramp fees,
(�
the City will not attempt to collect user fees.
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B. The City will seek donations --of land and grant funds in
order to obtain additional shoreline sites. The City
will pursue all opportunities to obtain additional
shoreline areas and will not relinquish ownership or
control of any existing shoreline areas. (See
Appendix IV.)
C. The City of -Southport will consider.establishing a
capital reserve fund for the express purpose of "saving"
funds for the development of shoreline access areas.
D. The City will reemphasize implementation of the 1990
Land Use Plan goals related to shoreline development.
E. All -available State and Federal sources of funding for
shoreline development will pursued. These are sum-
marized in Appendix III.
F. The City will discourage development which will
adversely affect water quality. Particular emphasis
will be placed on reducing/controlling storm water
runoff.
G. All conservation areas identified in the 1990 Southport
Land Use Plan (see Map 2) will be considered valuable
shoreline resources.
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'Ann1 K7'%TV T
f11 • 1 /• I•
M •: �• 14:1• •".J 4 bNV '.•' ttM III
1. Do you believe the City of Southport needs additional waterfront access areas?
Yes 130 No 41
2. For what uses do you think access areas should be established?
29 Skiing 89 Shoreline fishing
47 Swimming 93 Picnicking
90 Boating 93 Natural Areas
93 Passive/Visual 19 Other (identify) none (2), shelling (1), access
from water to land (1) , boat rams (2) , bike
path (2), steps to beach (1), riverside park
area (1), mooring (1), walkways, (2), harbor,
marine, temporary docking (2), walking/jogging
(1) , city dock -fishing (1) , free ramp (2)
3. Should the City of Southport be involved in financing with local tax dollars the
acquisition of land and/or rights -of --way for the establishment of these areas?
Yes 108 No 58
4. Should the City of Southport require developers to reserve areas and/or rights -of -way
a for the establishment of shoreline access areas?
For use by subdivision residents? Yes 103 No 22
For use by non -subdivision residents? Yes 110 No 34
5. Please identify locations which you currently consider provide shoreline access.
These locations may be either publicly or privately owned. Please identify these
locations as precisely as you can.
Small boat harbor (22)
Waterfront park (22)
City dock/yacht basin (21)
Bay Street (19)
East of City pier (10)
Caroon crab factory (10)
Southport Marina (8)
Bald Head barge area (6)
Between Port Charlie's & Pilot's tower (6)
Bald Head dock (5)
Pfizer - Prices Creek (5)
From Crab Co. to Bald Head dock (4)
Dutchman Creek (3)
CP&L basin (3)
Indigo Plantation (3)
ICW (west) (3)
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State property across from Brunswick Street (2)
Front of garrison (2)
Front of ship Chandler's restaurant (2)
Bonnets Creek ("fiddlers drain") (2)
Brunswick Navigation - standard products - fish factory
Elizabeth Creek (land side, Sandy's)
American fish
Old cannery
Smithville Woods
Cape Fear River Heights
a End of River Drive - woods
Howe Street to S. Atlantic
Between old and new boat harbors
Willis boat repair area
114 Davis St.
111 Davis St.
3rd house from Moore Street
a Yellow house facing Garrison
End of Kingsley
River Drive area
(� Between Fort Fisher ferry & Pfizer
U Spencer property to present park ,
Foot of Kingsley to Mintz property
River Drive to Pfizer
Bald Head ferry to Caroon Crab
Moore Street between Kingsley & Bald Head
Garrison to Port Charlie's
Vacant lot next to Harpers
Walden Creek
a 6. What facilities (non -camping) do you believe should be provided at access areas?
83 Boat Ramp 20 Shower Facilities 108 Picnic Tables
33 Electrical Hookups 76 Lighting 92 Natural Areas
99 Restroom Facilities 59 Shelters 63 Docks
a 12 Other (identify) water spigot; garbage cans (2), parking, transient boat
tie-ups, nautical provisions, boardwalk/path, mooring buoys, dinghy docks,
police surveillance, swimming, sidewalks or trails
7. Would you support a user fee to aid in the financing of the acquisition/construction
of waterfront access areas? Yes 100 No 55
a8. Who do you think would benefit most from the provision of additional waterfront
access areas?
132 Both Visitors and City Residents 10 Visitors to the City
a 2 City Residents 3 No Opinion/Don't Know
19 Developers 33 Businessmen
9. Please identify your preference for the location of additional access areas.
113 on the River 57 On the Intracoastal Waterway
25 On Dutchman Creek 16 On Prices Creek
58 Boat Basin 6 On Cottage Creek
26 Marsh area(s) 11 Other (identify) Between Caroon Crab &
Willis boat yard, none (5), Bonnet Creek,
Caroon crab property, steps & rail at
waterfront park, develop waterfront at old
Crab property: Cape Fear River
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a 10. Who should be responsible for providing access areas?
107 State Government
106 City of Southport
56 Federal Government
30 Businesses
15 Private Citizens
17 Other (identify) None (3), corporate sponsors (2), King Markerel and 4th of
July Committee (w/funds from events), developers (8), user
fees (2) . grants
11. Please identify the benefits which you believe would be provided by the provision of
waterfront access areas.
a 108 Increased Recreational Opportunities
122 Enhanced City Image
95 Increased Tax Revenues from Tourism
53 Increased Personal Income from Tourism
87 Preservation of Land Resources
12 Other (identify) None (9), cleaner beach area, use of current
non -productive land, visual pleasure
12. What, if any, negative concerns do you have with respect to the establishment of
access areas?
Litter/garbage (36)
Maintenance (18 )
Taxes (15)
Security (8)
Inadequate parking"(7)
Uncontrolled development -ecological drainage (7)
a Noise (6)
Electric rates (5)
Traffic (4)
Pollution (4)
a Vandalism (3)
Safety risk (3)
Change of City's charter (3)
a Financing (2)
Hangout for undesirables (2)
Abuse (2)
Destruction of wetlands (2)
Leave it the same (2)
Boat ramp feees at Southport Marina (1)
Only funds from developers (1)
a High prices (1)
Restroom needs (1)
Christmas lights a disgrace (1)
High rise buildings (1)
City not pursuing this type of project (1)
No skateboards and bicycles (1)
Sewage (1)
Need more shops (1)
Block view of river (1)
Keep small user fees for ramps & docks (1)
1-3
Maintain existing property (1)
No camping or picnicking (1)
Ensure paths for bikes and walking (1)
Unnecessary (1)
Drinking and partying (1)
Loitering (1)
a Screened from residential homes (1)
No access for passing boaters (1)
Decline of existing beauty (1)
Protection of rights of property owners (1)
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350 FT.
CITY PIER IMPROVEMENTS (Completed 1990)
NOT TO SCALE
010
40 FT.
37 FT.
NEW
t �
PROPOSED BUL
IMPROVEMENTS
MARSH
PROPOSED: CITY DOCK AND
BULKHEAD .IMPROVEMENTS (ccapletea 1990)
SCALE r = 100'
LEGEND
R RESIDENTIAL
C COMMERCIAL
V VACANT
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aAPPENDIX IV
LAND ACQUISITION STRATEGIES
I
aContinued acquisition of land is necessary if adequate public access
to the shoreline is to be maintained. There are generally two approaches
a to acquiring access: direct acquisitioa technioues and land use controls
which iacorporate public access requirements. The strategies presented
here can be used by local governments to assist in acquiring water -front
property.
DIRECT ?ACQUISITION
Purchase '
The purchase of property at its fair market value is the simplest,
most direct means of acquiring land. A disadvantage of direct purchase is
that governmental agencies have limited financial resources. A further
disadvantage of direct purchase is that the seller's net profit from the
sale would be affected if the seller of the property is liable for income
tax on the capital gain of the appreciated value of the property. Other
purchase options, including bargain sale or installment sale, may benefit
the buyer. and seller -by stretching -a land -acquiring agency's funds and
areducing immediate tax -consequences.
In a bargain sale, the landowner sells the property to a governmental
a agency at less than fair market value. By doing so, the seller will be
able to receive some income from the sale of the land and will be eligible
to claim an income tax deduction for a charitable contribution on the
difference between the bargain price received and the fair market value of
the land. Thus, the amount of the capital gain would be less and so would
the accompanying tax on that gain.
u In an installment sale, an agreement is made between the landowner
and the purchaser whereby the purchaser agrees to pay for the land in
annual installments or agrees to acquire a portion of the total property
a each year with an option to acquire the. remaining tracts in future years.
By spreading the income gained from the sale of the property over a number
of years the seller may be able to spread taxable gains and any associated
taxes over an equal number of years.
An easement, or right to use private property in a specific,
designated manner, may also be purchased. The purchase of an easement
Q entitles the purchaser to use the property for a specific purpose, such as
conservation, passing over the land, or installing a water or sewer line.
The ownership of the land remains with the property holder, but the use of
0
a designated portion of the land for a specific purpose is transferred to
the acquiring agency.
Easements are typically purchased when it is not possible to buy the
land. Although there is no requirement compelling a landowner to sell an
easement, landowners may be interested in the resulting tax benefits.
where easements are sold, a decrease in property tax value would result.
• Donation
the donation of property or an easement involves a landowner deeding
the property to a government agency that has agreed to accept it. In a
donation, the donor receives no cash for the property although numerous
tax benefits are realized. These benefits include real estate, estate,
and income tax reductions as well -as no capital gains tax' that would
otherwise result from the sale of the property. If the recipient of the
land donation is a governmental agency, the donor can claim an income tax
deduction based on the market value of the land as determined by a
qualified appraiser. In the instance of an easement, the donor max take
the difference is the value of the land after the easement as a charitable
deduction. (See Appendix D, Tax Credits for Donated Properties.)
• Prescription
Aa easement can be established through prescription, the process by
which an individual or group obtains the right to use another's property
in a specific manner. In this instance, the courts recognize that a --
presc ptive easement has been established if the following tests are met:
1) the use has been open;
2) the use is adverse or under a claim of right;
3) the use has been continuous and uninterrupted for 20 years;
4) there has been actual. use of. the property by the general public;
and
5) the same path has been used for 20 years.
Currently, North Carolina does not have any .case law directly
addressing the. establishment of a prescriptive easement in a beach access
context. It is -difficult to establish a prescriptive easement because of
the requirement that the use of the property must be adverse. In this
case, "adverse" means that the user of the property did not have the
owner's permissioa and, instead, used the pathway in the belie! that he
had a right to use it. Permissive use, no matter for how long, can never
be the basis for a prescriptive easement. A local government may want to
consider legal action to establish a.public easement where it believes a
p rescr:ptive easement for beach access exists across private property.
• Dedication
A dedication begins with an offer to dedicate the use of land. The
offer is made by the landowner to the public and must be followed by the
local govermeat's acceptance of that offer on behalf of the public. A
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dedication made orally or in writing is called an express dedication. A
"certificate of dedication" indicates an individual's express intention
to dedicate an area to the public.
Aa implied dedication is based on the property owner's intention to
dedicate as indicated by conduct. For instance, the owner's intention to
dedicate may be indicated by recognizing the rights of the public in a
deed -or by the owner's actions with respect to permitting the public to
use the land. A 1970 Supreme Court case confirmed the public's right to
use two privately owned beaches in California. The court said that when
the public has used a beach for a long time without paying attention to
the fact that the beach is privately owned, the public acquires a legal
right to use that beach. The owner's intent to give the land to the public
may be implied from his conduct of not preventing public use.of the beach.
And the public's acceptance of the dedication may be implied from public
use of the beach. Nothing need be written by either side -- the dedication
and acceptance is implied by conduct. With respect to beach access, a
public access sign at an accesswav is one indication by a local government
of an e_=ress or implied dedication.
Cities and counties may accept dedication offers for the maintenance
of roads and pedestrian easements running to and along the beach. Before
accepting a dedication offer, it is recommended that a title search or
"chain of ownership" survey be conducted to ensure that the offer to
dedicate has at no time in the past been withdrawn.
Cities and counties may owa; maintain and manage land for
recreational purposes including public access parking. Although it -is
Possible for cities to own public streets and roads, counties cannot. It
is possible, however, for. counties to accept the dedication of certain
roads so long as they were dedicated to the public prior to 1975.
Although a county may accept such a dedication, a county is not authorized
to maintain or improve such roads. .
In many local jurisdic:ioas there may be a number of accessways and
roads that have been dedicated by the developer but not yet accepted by
the county or municipality. These accessways represent opportaaities to
local governments that should not be neglected. The actions necessary to
show acceptance should be givea high priority in light of the provision of
the state law allowing developers to withdraw unaccepted, uni=roved
dedications after a period of 15 years (G.S. 136-96).
LAND USE. CONTROLS
Local governments are able to use the police powers granted to them
by the state to protect the public's ownership of and right to use the
shoreline to the mean high water mark. As the beach erodes and the mean
high water mark moves landward, the boundary between public and private
property moves landward. Land use regulations or local ordinances can be
used to protect the public's ownership and right to use the shoreline.
U-hea erosion or storms destzoy structures, local ordinances can require
IV-3
the property owner to remove, within a given time period, all debris ::hick
may endanger public health, safety and welfare. This is particularly
important where remnant bulkheads, building foundations, pilings and
septic systems would be located below the mean high water mark or on the
public beach..
Local governments can also use land use controls to compel developers
to provide public beach accessways. Through zoaiag ordinances and
subdivision regulations, developers can be required to dedicate, pay a fee
or rese--ve access areas, as outlined below. (See :appendix E, Model Land
Development Regulation.)
a•
Dedication
State enabling legislation for county subdivision regulations (G.S
153A-331) provides that such ordinances may require "the dedication or
reservation of recreation areas serving residents of the immediate
neighborhood within the subdivision and of rights -of -wag or easements for
a
street and utility purposes." The comparable legislation for cities SG.S.
160A-372) is virtually identical. Likewise, the zoning enabling
legislatioa for counties (G.S. 153d-340) and cities (G.S. 160d-381)
authorizes local regulations to provide for special use or conditional use
permits. The conditions for approval of these permits may include the
dedication of utility rights -of -way and of recreational space.
A local unit of government may require the compulsory dedication of
land for public recreational use consistent with local subdivision
regulations and/or as a condition of a special or conditional use permit.
In requiring a developer to dedicate recreational land, the local
government should ensure that the location of the access area will
adequately provide for the recreational needs of the residents in the
development as well as the residents of the immediate neighborhood within
the subdivision who might otherwise be. precluded from general use of the
area.
Definitive standards for the size of such areas and the types of
facilities to be installed should be specified in local subdivision
ordinances. The regulations should specify why, when, where and how much
land will be required as well as criteria pertaining to the type of land
that may be offered for dedication. A formula for determining the amount
of land a. developer must offer should be made explicit.. The amount of
land to be dedicated should not be based on an arbitrary case -by -case
basis. Instead the amount of land to be required for dedication should be
related to recognized open space standards and should reflect the density
and type of development proposed.
As a condition to a special or conditional use permit, access should
be provided for when the permit is issued by the local governing board. At
that time, a plat should be prepared and incorporated by reference into
the terms and conditions of the permit. The plat should bear a
certificate of dedication and both the permit and plat should specify when
improvements by the developer will be c-cmpleted.
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State enabling legislation (G.S. 136-102.6) requires that
subdivision plats filed since 1975 designate all struts as being publi:
or private. Struts designated as public are presumed to be offers of
dedication.
Subdivision ordinances can also require that interior subdivision
streets be dedicated to the public. The subdivision enabling statutes for
both cities and counties allow local ordinances to provide for "the
coordination of streets and highways within a proposed subdivision with
the existing or planned streets and highways and with other public
facilities." To make use of this authority, the subdivision ordinance
should clearly indicate that streets and roads running generally
perpendicular to the beach be platted to extend to the mean high tide
line.
• Zee
County subdivision regulations provide the developer with the option
of paying a fee to the county in lieu off dedicating recreational land
(G.S. 153A-331). The developer may be required to pay an amount of moeey
equal to the value of the space required to be dedicated. This money
should be placed into a fUnd specifically designated for the acquisition
a
of access areas. The "fee in lieu" optioa is not available to
municipalities.
Reservation
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An emerging land use tool allows both county and municipal
"-
subdivision regulations to require developers to reserve land for
recreational purposes and for street and utility rights -of -way or
easements (G.S. 153A-331 and G.S. 160A-372). One advantage of such
reservations is that they do not impose dedication requirements in
instances that may amount to a taking without just compensation, yet they
give the local government time to acquire fuads to purchase the property.
As this is a relatively new tool, its advantages and disadvantages have
been evaluated.
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Case law regarding the use of developer exactions to provide beach
access is poorly developed, particularly in North Carolina, aad--the -
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ability of local governments to use these techniques is not fizmly
Uestablished.
There are a number of questions regarding the imolementatioa
of these measures for access purposes. As there are few court decisions,
these standards should be carefully studied before such measures are
atte= ted. A thorough reading and understanding of Dedicating and
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Reser;inx Land to Provide Access to North Carolina Beaches (September.
1982) , by Richard Ducker of the tktC Institute of Government, is highly
recommended is addition to contacting and consulting one's local
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government attorney.
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F i taa_ 'o♦e a �1 ee
LEGEND
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`•1. t !<aAh CaOM.e WIdIN OOMt1q KGN
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Sh. L Prtwto boot rap b Sudlk,b Woods
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Se. Sc Hew ftd afflc. wW terry - -
.
SIN 4- lr d" m+ V, . Marv.
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Sit. S; Saalhpat Mai" INCSPA) - - - - - -
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sk Q S-ft"d Mai" boat mm -
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- Sh. 7: Prt 1. docks eee�d by ngd-0 « -
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SM tk f W. decks awns by M*AOjds - -
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Sit. 9: Dock owed by City of So~
Sit* la my pw
"
Site it Bald H.ad bldrA pier WA pa""W-
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Sao 12 Odd Hood Maud bay.-
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.ti - -
Sdo 0: Fart Fbher Frry. awed by NCDOf -
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•
12
t ,
EXISTING SHORELINE ACCESS SITES
� CITY OF
SOUTHPORT
E'a
f
NORTH CAROLINA
JANUARY.1989
r.aw
Th. "Pwfim of "a mep wn fbaic.d b pal
tNeayb a yrw4 pra.ldod by the 16mA Coroia N -
Ceasld MangNn.nl h'aia� fto gh odes preddod I
by tln cooed Zan MangewrM Ad of 197Z
ae«re.a .tech Is .emwa.oe by the Office a - MAP I
o'. aW cawld fbsowa Maaoy.mW4. twtoad -
Opaee aW A10ae0m.rk Aes"WmIWI% - -
CN
=LINE
)RT
LINA
3'