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HomeMy WebLinkAboutEngelhard, Swan Quarter and Ocracoke Shoreline Economic Development Study-19891 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 HYDE COUNTY ENGELHARD, SWAN QUARTER, AND OCRACOKE SHORELINE ECONOMIC DEVELOPMENT STUDY . ,.� �I DCM COP Y DCM COPY lease do not remove!!!!! Division of Coastal Management 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, as amended, which is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration. fl 1 1 r HYDE COUNTY ' ENGELHARD, SWAN QUARTER, AND OCRACOKE SHORELINE ECONOMIC DEVELOPMENT STUDY PREPARED FOR ' HYDE COUNTY DEVELOPMENT REVIEW BOARD I ' Prepared by: T. Dale Holland Consulting Planners October. 1989 LJ ' 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, as amended, which is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric IAdministration. HYDE COUNTY LOCATION MAP COUNTY Scale in Miles 0 25 50 73 100 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS Pag e INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . 1 FUNDINGSOURCES . . . . . . . . . . . . . . . . . . . . . 5 ARCHITECTURAL AND STRUCTURAL ANALYSIS . . . . . . . . . . 14 RECOMMENDATIONS . . . . . . . . . . . . . . . . . . . . . 40 APPENDIX I: Water Resources Development Project Grant Program APPENDIX II: Wetlands Wastewater Treatment Program Description APPENDIX III: Example, Historic District Zoning Ordinance APPENDIX IV: Example, Hyde County Minimum Housing Code APPENDIX V: Property Ownership INTRODUCTION ' Hyde County has for years discussed economic development. The county's CAMA Land Use Plan places emphasis on industrial development as a means to improving economic conditions. However, the county is not .positioned to attract or deal with industrial development for the following reasons: no sewer facilities, limited trained labor base, remote location, limited transportation facilities, and many environ- mental constraints. Implementation of the land use policies and strategies dealing with economic/industrial development will be difficult. Hyde County should reassess its opportunities for growth and develop- ment. Its greatest assets are its natural and historic amenities. The county is blessed with natural areas, extensive shoreline, open undeveloped areas, scenic areas, historic areas, water sports, and hunting resources. These attractions should be used to provide a foundation for development of the county. Hyde County offers opportunities which are rapidly disappearing in other areas of the ' state and southeast. The county, itself is already the victim of decreasing natural assets. For example, the rapid decrease in the quality of sport fishing in Pamlico Sound is commonly discussed. Hyde County must make some basic decisions. Will the nature, character and appearance of the county be preserved? Or will Hyde County pursue economic growth through development of industrial jobs? ' Hopefully, some balance may be achieved. However, if the county is not careful, much of its charm may be lost and many existing economic opportunities overlooked. At the beginning of the development of the Hyde County Shoreline Economic Development Study, the obstacles to development and assets for each community were identified. This was done by the Hyde County ' Development Review Board, with input from representatives of the communities. Following the obstacles/assets analysis, a preliminary needs list was prepared. The following summarizes the results of that initial analysis. I 1 k 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) OBSTACLES OCRACOKE Shallow water Limited access Bonner Bridge deterioration Lack of shoreline access points Transient dock facilities Insufficient advertising Limited vacant property on Silver Lake Public parking CAMA permitting 404 wetlands Traffic flow Overwash areas on N.C. 12 Solid waste disposal Accessibility (time of ferry travel) to the Hyde County mainland Lack of central sewage treatment facilities SWAN -QUARTER Lack of harbor facilities Swan Quarter Bay ORW designation CAMA permitting 404 wetlands Deteriorating buildings Advertising Shallow water Transient docking facilities Drainage Insufficient motel/restaurant facilities Need for harbor area "clean-up" Utilities/public facilities Buildings being built close to the roads Pedestrian access to shoreline Public parking in waterfront areas 2 r 1) Need to clean-up harbor 2) CAMA permitting 3) 404 wetlands ' 4) Commercial fishing identity 5) Shoreline access ' 6) Deteriorating buildings 7) Lack of motel/restaurant facilities 8) 9) Low-income residential areas next to harbor Property ownership 10) Public utilities/facilities 11) Shallow water 12 ) Drainage 13) Oregon Inlet access for fishing boats/ocean access 14) Dredging of Far Creek ' ASSETS rMainland Assets 1) Commercial fishing fleet and industry 2) Transient tourists 3) Historic properties 4) Natural areas 5) Recreational fishing 6) Maritime history 7) 8) Intra-Coastal Waterway Airport 9) Lake Mattamuskeet ' 10) Isolation/low population density 11) Swan Quarter -Ocracoke ferry ' 12) Old ice plant, Engelhard 1 Ocracoke Assets 1) Silver Lake harbor potential 2 ) Open unspoiled beach 3,) Commercial fishing 4) Recreational fishing 5) Historic properties 6) Isolation 7 ) Relative low vacation cost 8) Water sports COUNTY AND COMMUNITY NEEDS 1) Advertising 2) Maritime museum with focus on sound and commercial fishing 3) Tourist/visitor's center 4 ) Harbor clean-up and improvement - Engelhard 5) Harbor enlargement - Swan Quarter 6) Improve commercial and service facilities 7 ) Directional s ignage 8) Commercial building rehabilitation 9) Time constraints on state agencies to respond to requests of help and permits 10) Building regulations or existing structures 11 ) Demolition of dilapidated buildings and removal of debris 12) Shoreline access sites 13) Public parking facilities 14) Restaurant/motel facilities 4 1 IFUNDING SOURCES There are not any substantial single -source allocations of public monies available to Hyde County which will fund solutions to the ' problems/obstacles confronting development of the Engelhard, Ocracoke, and Swan Quarter shorelines. The county will have to depend on an inter-aqency approach to funding. Additionally, aid may be obtained through consultant/technical assistance provided by a ' number of state, regional, and federal agencies. The county must utilize its .Coastal Initiatives proqram designation to bring together as many public resources as possible. Private sector investment will be important to the long-range devel- opment of Hyde County. However, to attract private development, Hyde County must establish basic infrastructure/service capability and clearly define its future growth and development objectives. The following will provide a description of existing public sector funding and technical assistance programs. State Assistance DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Division of Community Assistance Community Development Block Grant Funds One of the greatest resources for development assistance available to local governments is the community development program. Funds may be available for both private and public sector projects. The primary purpose of the North Carolina Small Cities Community Development Block Grant Program is to provide grants to local governments to develop viable communities "by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income." The program reflects the 1988 amendments to the Housing and Community Development Act of 1971. The North Carolina Small Cities Community Development Block Grant Program has been designed to insure that at least 51% of the CDBG funds for each activity will be used to benefit low and moderate income persons. Hyde County may seek funds under six different grant categories: Community Revitalization, Economic Development, Housing Demon- stration/Development Planning, Interim Assistance, and Urgent Needs. The total money available in each category varies from year to year. Maximum grant amounts under each category are as follows: 5 11 Grant Category Community Revitalization Economic Development Small Business Loan Program Housing Demonstration Development Planning Urgent Needs Interim Assistance Maximum Grant Amount $ 600,000 $ 600,000 $ 60,000 $ 250,000 $ 5,000 $ 750,000 $4,000,000 for 36 months for 18 months The Community Revitalization category includes activities in which a majority of funds are directed towards improving, preserving, or developing residential areas. Hyde County may not receive more than a total of $750,000 in combined awards from the Community Revitalization, Economic Development, Housing Demonstration, Continency and Development Planning categories out of any annual allocation of CDBG funds. In addition, the county may receive up to S600,000 for an Urgent Needs project, and may receive Interim Assistance funds up to $750,000 for 36-month projects and $4,000,000 for 18-month projects. Interim Assistance grants are made from funds committed to other localities but not yet needed to meet immediate cash needs. Interim Assistance awards fund development projects which predominantly benefit low and moderate income persons consistent with the Housing and Community Development Act and which will produce program income sufficient to at least equal the grant amount within the designated grant period. The CDBG Economic Development program is designed to support projects which create or retain jobs for low and moderate income persons. Support is provided in the form of direct grants. The grant is provided for a specific project, where one or more businesses has committed in writing to carry out specific activities which will result in the creation or retention of jobs for low and moderate income persons. Grant funds may be used to provide a direct loan to the business, or to construct public infrastructure necessary for carrying out the project. In either case, the CDBG grant should be the minimum amount necessary and appropriate to carry out the project and create or retain the number of jobs committed to in the application. Toward the overall goal of benefitting low and moderate income persons, objectives of the Economic Development program include the following: - to create or retain jobs - to increase skill levels through training. - to provide opportunities moderate income workers. for low and moderate persons. of low and moderate income workers for increased earnings for low and u I 11 ' - to respond to local economic development and community develop- ment needs. - to provide the maximum benefit for each CDBG dollar while leveraging the maximum amount of other funds. ' A strong application will provide for all of these objectives, while demonstrating the need for funding and feasibility of the proposed project. Local governments typically seek CDBG Economic Development funds for two purposes: 1) to provide direct assistance to a busi- ness, and 2) to provide public infrastructure to serve a business. The CDBG Small Business Loan program is designed to assist projects ' which create jobs for low and moderate income persons. Support is provided in the form of direct grants to eligible counties and municipalities. The grant is provided for a specific project, where a business has committed in writing to carry out certain activities which will result in the creation or retention of jobs for low and moderate income persons. Grant funds will be used to provide a direct loan to the business and should be the minimum amount neces- sary and appropriate to carry out the project and create the number of jobs committed to in the application. Grant awards in the Small Business Loan program are limited to a $60,000 loan plus adminis- trative fees not to exceed 18% of the total request. A local govern- ment may receive only a total of $600,000 in the Economic Development program and the Small Business Loan program combined. ' The Small Business Loan program is designed to leverage other funds in every project. CDBG funds can only be used to match other finan- cing. Therefore, in any project, no more than 50% of the new project can be financed using CDBG funds. Private conventional financing, from a commercial bank, savings and loan, or credit union, must be included in every project. Projects must also show that the owners of the business have committed their personal assets to the project. Business start-ups and businesses less than two years old must show greater participation of the owners through a required equity contri- bution of 20% of the project. DECD will allow the equity contribu- tion to include a contributing of existing real estate or equipment. Small Business Loan funds should be used for direct financial assis- tance to a business where there is insufficient =ebt capacity -sr-- equity to finance the entire project. Direct financial assistance is defined as the provision of money, land, equipment, or other improve- ments to be borrowed, owned or leased by a business or organization. All direct financial assistance must be in the form of a loan, or be otherwise repaid to the program. CDBG funds can be used to meet a wide range of business needs, including financing for construction or rehabilitation, site improve- ments, machinery purchase, and in limited circumstances, working capital uses. Working capital loans will only be made in conjunction with other fixed asset financing. Applicants proposing to use CDBG funds for working capital should contact DECD early in the project planning to discuss the appropriateness of the specific working capital uses planned. CDBG funds should not be used to refinance debt or as a reimbursement for costs or obligations which have already been incurred. Technical assistance for the State's CDBG program is available through the central office located in Raleigh (919/733-2850). Division of Commerce The Division of Commerce offers both financial and technical assis- tance to local governments and potential private investors. The Division may assist both new and existing businesses and industries. Direct grants are not available. However, some tax and investment incentives are: Business/Industry Development Representative Program The Department of Commerce maintains twenty-two business/industry development representatives. These representatives maintain daily contact with other state government agencies to provide the following interagency assistance: - financial consultation services to determine means of financing a facility, including IRBs, venture capital, and assistance with private placement; - assistance in coordination applications for federal support grants and community development grants (CDBG); - industrial tax information services, including customized development of a hypothetical tax bill; - state sponsored screening, testing, and training of work force; - review of highway transportation needs, access roads, traffic controls, turning lanes, etc.; - curriculum, research, and extension services of the university system; - business clearinghouse to assist in the sale or purchase of existing firms and arrangements of joint venture investment opportunities; - assistance in locating minority contractors and vendors; - export development program to assist in marketing abroad; - multi-lingual professional development staff to assist inter- national clients in their North Carolina site evaluations. 0 ' The division's staff maintains close contact with private sector investors such as utility firms, railroads, banks, and local development organiations. The business/industry development representatives assist in the investigation of such factors as: - alternate enerqy sources, cogeneration, and back-up systems; estimated construction/site preparation costs; - employee health care plans; tax credit program (up to $2,800 per year per employee); municipal/county services; ' - plant tours and interviews with local business and civic leaders; - interviews with local management associations; evaluation of local educational facilities, housing, transportation, communications, and livability. The Department of Economic and Community Development maintains an office in Williamston, 919/792-5131. Business Counseling. The Division of Commerce operates six small business and technology - development centers throughout the state. These centers assist in: market identification, development of business plans, assessment of business leadership abilities, basic engineering advice or building design and site selection, and trouble -shooting for a new product. Hyde County is served by the eastern regional center which is located at East Carolina University in Greenville. The following is a statewide toll -free hotline: 1-800-2580-UNC. Tax -Exempt Composite Pool Program The North Carolina Industrial Facilities and Pollution Control Finan- cing Authority (the "Authority") is sponsoring a tax-exempt composite pool program to offer to small and medium market business firms a ' long-term debt financing at interest rates substantially below the current prime rate. Prior to July 1, 1987, most smaller industrial revenue bonds (i.e., issues between $500,000 and $3,000,000) were purchased directly by commercial banks within or outside North Carolina at a rate below the prime rate. This rate was due to, the favorabl tax treatment allowed by commercial banks for the carrying costs of tax-exempt loans. In order to induce economic development and diversification within the state, the Division of Commerce is implementing a pooled program to give borrowers access to the tax-exempt market. The North Carolina Industrial Development Pool Program (the "Program") is a composite or "umbrella" program which accesses the public markets for transactions previously considered too small. This program pools a relatively large number of qualified projects, markets the pooled 1 9 bonds simultaneously, and spreads the costs of issuance among the participants. While an individual issue of industrial revenue bonds may have prohibitive front end costs, the pooling program allows the costs to be spread among the participants, thereby allowing each borrower within the pool to have lower pro rata front end costs. Implementation of the pooled program will not result in additional documentation or expense for local governments. The program will adapt to the current processing of industrial development application procedures as established by the Division of Commerce and the Local Government Commission. However, in order to participate in the program, each borrower must bring evidence of a letter of credit. The letter of credit can be from any qualified local bank. The regional office of the Division of Commerce should be contacted for assistance, 919/792-5131. Tourism Matching Funds Program The Division of Travel and Tourism operates the Tourism Matching Funds Program. Grants are awarded annually on a matching basis to assist localities with advertising efforts. Funds cannot be used for equipment or staffing. Advertising billboards and brochures are eligible activities. The program requires a local match of funds on a ratio of four dollars in state funds for each one dollar of local funds. The maximum grant is $10,000. DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES Division of Coastal Management Planning and management grants are available annually to the twenty coastal counties and the incorporated municipalities within the coastal counties. The amount of money available changes annually with funds being budgeted each year by the North Carolina State legislature and federal government. The grants require some local contribution. Eligible projects include any activities that will improve local land use and coastal management capabilities. A list of examples of eligible projects, priorities for funding, and procedures for application and grant administration are set out in the DECD's Rules on Local Planning and Management Grants (15 NCAC 7L) . These grants provide only planning funds and not construction financing. Technical assistance may be obtained from the state through the Division of Coastal Management District Office in Washington (919/946-6481). Shoreline Access Funds The state annually funds shoreline access projects through its coastal and estuarine water shoreline access program. Emphasis is placed on funding projects which will improve pedestrian access to 10 shoreline areas; in particular, sandy beach areas. The availability of funds changes annually as monies are allocated by the state legislature and federal government. The grants normally require 25% local participation, with 75% funding available from state or federal funds. Division of Environmental Management Some. limited amounts of clean water bond funds are available for construction of sewer systems. However, the monies provide for only approximately 25% of cost. Division- of -Water -Resources The Division of Water Resources operates the Water Resources Development Project Grant Program. The following types of water resource development projects are eligible for state cost -sharing: (1) general navigation improvement; ( 2 ) recreational navigation improvement; (3) water management (flood control and drainage); (4) stream restoration (clearing and snagging and limited channel excavation); (5) beach protection; (6) land acquisition and facility development for water -based recreation sites; and (7) aquatic weed control projects. Because of the significance of water resources to Hyde County, a copy of the enabling legislation and program summary is provided as Appendix I. Major assistance could be provided to the county to maintain channels, preserve recreation areas, and undertake aquatic weed control. DEPARTMENT OF TRANSPORTATION All roads within Hyde County are state maintained. No local funds are utilized. State funding also includes operation of the Ocracoke - Swan Quarter and Cedar Island -Ocracoke ferries. Requests for assistance/improvements should be submitted to the Department of Transportation by the Hyde County Board of Commis- sioners. DEPARTMENT OF ARCHIVES AND HISTORY Technical assistance is available through this department to deter- mine the historical significance of buildings, define historic areas, and to develop preservation ordinances. Grant funds are not available. 1 11 1� Federal Assistance The 1988 Catalog of Federal Domestic Assistnce lists approximately 1,000 programs available to provide assistance to local governments. Realistically, many of the programs are not currently funded and only a few will provide assistance in the economic development of Swan Quarter, Engelhard, and Ocracoke. The most direct aid may be through the Small Business Administration and Farmers Home Administration. If sewer funding could be secured, the Environmental Protection Agency would be of major assistance. Limited operational assistance may be available from the Employment Security Commission. SMALL BUSINESS ADMINISTRATION Presently, the SBA offers two popular programs. The first is the 504 Loan Program which provides fixed asset lending of $100,000 or more. Secondly, the SBA 7A Guarantee Loan Program provides for the guarantee of bank loans of up to 90%. The program requires 30% equity as indicated on the business's financial balance sheet. The interest rate is set by the private bank and funds may be utilized for working capital and equipment. Assistance may be available from both the SBA offices and state/regional agencies such as the Albemarle Development Authority, 919/426-5753. FARMERS HOME ADMINISTRATION The Farmers Home Administration can provide funding to Hyde County for water and sewer improvements. The funds are provided through loans which must be secured by the general obligation of the county through a bond referendum. The FmHA funds can provide up to 75% of cost. However, participation is usually restricted closer to 50%. FmHA participation is gauged to provide for an average monthly residential bill of $15.00. ENVIRONMENTAL PROTECTION AGENCY The state has elected to direct all of its allocation of EPA sewer system monies to be utilized for loans. The money is available at a 4% interest rate. However, a community must be on the state's priority list for funding. Normally, once on the list, it takes five years or longer to work to a top priority position. In addition, the state does not favor the funding of new sewage treatment plants. EMPLOYMENT SECURITY COMMISSION The Employment Security Commission offers general operating advice and assistance to businesses. The assistance includes the following: 12 I- Labor marketing information. - On-the-job training program to pay for up to one-half of the employee's salary while training is being provided. The amount of support is determined by the difficulty of the training. - A no-fault referral program in which there is no charge for employees that do not "work out" within 180 days. - Tax credit program for some employees. Technical assistance is available through the Employment Security Commission in Washington, 919/946-2141. Other Sources Several other important sources of technical assistance exist. These include: Regional Development Institute East Carolina University Greenville, North Carolina 919/757-6183 Albemarle Commission (Council of Governments) Edenton, North Carolina 919/426-5753 These agencies do not provide independent funding, but may assist in providing technical assistance in securing state or federal funding. Conclusion The most immediate and easily obtained financial assistance to Hyde County will be through state programs. The most difficult funding need will be sewer systems for Swan Quarter, Engelhard, and Ocracoke. This will require multiple sources of state, federal, and private funds. The county should identify a specific list of public projects for which it needs funding assistance. U 1 13 IARCHITECTURAL AND STRUCTURAL ANALYSIS I The communities of Swan Quarter, Engelhard, and Ocracoke have dis- tinct characteristics and qualities. They each represent many aspects of coastal North Carolina life that are rapidly disappearing. Preservation is important both for historic and economic reasons. The village atmosphere and distinctive architectural styles are an asset which must be vigorously protected. The structural quality of the buildings in each study area are qood as compared to many other rural coastal North Carolina areas. The greatest need for building improvements is in Enqelhard. As indi- cated in Table 1, 20% of the total structures within the Engelhard study area are substandard. This includes three commercial struc- tures and 40 dwelling units. Many of the deteriorated or dilapidated structures are located near or adjacent to Engelhard Harbor. The deteriorated structures in Swan Quarter and Ocracoke are less concen- trated and have much less adverse visual impact on their communities. Refer to Maps 3, 6, and 9 for location of structural conditions. Table 1 Structural Conditions Engelhard, Swan Quarter, Ocracoke Study Areas* Engelhard Swan Quarter Ocracoke Conventional Single -Family Standard/Minor Need 79 45 122 Deteriorated 24 5 1 Dilapidated 10 5 5 Mobile Home Standard/Minor Need 37 31 3 Deteriorated 3 2 0 Dilapidated 3 2 0 Commercial Standard/Minor Need 51 29 38 Deteriorated 0 1 0 Dilapidated 3 6 0 Church Standard 3 3 1 *Study area does not include the entire community. 1 14 Because of the significance of the historical/architectural assets to the economic advancement of Hyde County, great care should be taken when demolishing/altering existing structures or building new structures. Edward F. Turberg, a well-known restoration consultant, was utilized to survey the three communities to establish an architectural theme and to recommend procedures to preserve the character of the three communities and the history of the area. The following sections of the report were prepared by Mr. Turberg. I. INTRODUCTION. A. Protection and preservation of structures within the study areas. The importance of preserving structures and features of a community that help to define its historical identity has been an ongoing effort throughout the nation for more than half a century. Each community has an individuality that sets it apart from other communities because of its setting, its architecture, and/or its historical role in the development of the region. B. Parameters for development of an architectural theme. The architectural and historical themes of a comn mnity are basic factors that define the character of a region, and are worthy of preservation. These parameters meet the criteria set forth by the National Register of Historic Places and reflect: "the quality of significance in American history, architecture, archaeology and culture ... present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association with historical events, persons, or characterize a type, period, or method of construction." C. Guidelines for rehabilitation of historic structures and for new construction within the study area. The classic guideline for the rehabilitation of historic structures is the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, U.S. Department of the Interior, Washington, D.C., 1977; revised 1983). It is the basis for inspecting and evaluating structures of local, state, and national significance and has been used by local, state and federal agencies and private consultants since 1979. 15 By the word "rehabilitation" is meant: "the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values." The standards address six areas of both exterior and interior work and are arranged in such an order that both "recommended" and "not recommended" procedures are discussed as they relate to the preservation of historic features,.the design of missing historic features, and additions/alterations for new use. The guide, as excerpted here, is divided in the following order: 1. Building Exterior. Items covered include masonry, wood, architectural metals, roofs, windows, entrances and porches, storefronts. 2. Building Interior. This section incorporates structural systems, interior spaces, features, and finishes. 3. Building Site. The building site is the relationship between a historic building or buildings and landscape features within the property's boundaries --or the building site -- helps define the historic character and should be considered an integral part of overall planning for rehabilitation project work. 4. District/Neighborhood. The relationship between historic buildings, and streetscape and landscape features within a historic district or neighborhood helps to define the historic character and therefore should always be a part of the rehabilitation plans. 5. Health and Safety Code Requirements. As a part of the new use, it is often necessary to make modifications to a historic building so that it can comply with current health, safety and code requirements. Such work needs to be carefully planned and undertaken so that it does not result in a loss of character -defining spaces, features, and finishes. 1 16 6. New Additions to Historic Buildings. New additions should be designed and constructed so that the character -defining features of the historic building are not radically changed, obscured, damaged, or destroyed in the process of rehabilitation. New design should always be clearly differentiated so that the addition does not appear to be part of the historic resource. D. STANDARDS AND GUIDELINES. There are six basic standards and guidelines for treating a historic site: protection, stabilization, preservation, rehabilitation, restoration, and reconstruction. The standard most used (and the only one in published form) is that for rehabilitation. The standards form a body by which a professional investigation, evaluation, and solution can be used, following eleven basic rules. The term "property" means a building, a structure or the site and its environment. The standards for rehabilitation are: 1. Find a compatible use for the property with minimum alteration. 2. Do not destroy or change the original qualities or character of the property, such as historic materials, architectural features or original landscaping and plantings. 3. Buildings are products of their own time. "Earlying-up" or non -historical alterations should be avoided so that the distinguishing features of the property are preserved. 4. Changes that have taken place over a period of time may be highly important. They are evidence of the history and development of the property and may be significant. 5. The distinctive features may be examples of skilled craftsmanship which characterize the property and may'tell something of the owner and builder. 6. In rehabilitation, the priorities are to repair rather than replace materials; replace with the same materials; match the composition, design, color, and texture of the original materials; and base all new work on historical information. 7. Surface clean by the gentlest means possible. Low-pressure water with detergents or chemicals, heat guns, and heat plates are the recommended methods. Sandblasting and high- pressure water is not recommended because they can damage both historical and architectural features. 17 8. Protect and preserve the archaeology on or adjacent to the property. 9. Contemporary or modern design for alterations and additions are not discouraged if they do not destroy the significant original material, and if the design is compatible in size, scale, color, and material with the property and the neighborhood. 10. New additions should be installed in such a manner that they can be removed without impairing the essential form and integrity of the property. 11. The indigenous characteristics that make the neighborhood significant include paving materials, walls and fences, porches, ironwork, vents and brackets, trees and other plantings, and plazas and water courses. All of these should be protected and preserved as contributing features of the neighborhood. II. ADDITIONAL PUBLISHED MATERIAL. i A. The National Trust for Historic Preservation published in 1983 ■ guidelines for rehabilitating storefronts. Keeping Up Appearances addresses the problem that downtown areas often have evolved into "as a curious cross between neglected old buildings and a commercial strip. It presents a confused image to the shopping public." B. Historic Salem Incorporated prepared in 1977 The Salem Handbook: A renovation Guide for Homeowners as a part of its neighborhood conservation program. The book is directed to particular aspects of architectural styles, guidelines, streetscapes, and maintenance programs tailored to the Old Salem community. C. The City of Oakland, California, Planning Department printed in 1978 and 1986 a book entitled Rehab Right: How to Realize the Full Value of Your Old House, which discusses regional architectural styles, but has excellent illustrated directions for evaluating and rehabilitating a wide variety of historic structures. D. The City of Wilmington, North Carolina, Planning Department completed in 1988 a Wilmington Historic District Handbook which has been distributed to the local Chamber of Commerce, Board of Realtors, Convention and Visitors Bureau, and other locations where residents can learn of the regulations within the Wilmington historic district. 1 18 E. The US Department of the Interior, National Park Service, has written over a period of fourteen years, fifteen Preservation Briefs whose topics include the cleaning and waterproof coating of masonry buildings, repointing mortar joints in historic brick buildings, conserving energy in historic -buildings, roofing for historic buildings, dangers of abrasive cleaning to historic buildings, and preservation of historic concrete. 19 IIII. ZME COUNTY SHORELINE DEVELOPMENT STUDY: THE CONUNITY OF ENGELHARD. IA. Protection and preservation of structures within the study areas. The North Carolina Gazetteer: A Dictionary of Tar Heel Places by William S. Powell (Chapel Hill, NC, 1968) contains the following regarding Engelhard: Engelhard, community in e[ast] Hyde County on Far Creek. Alt[itude] 2. Inc[orporated] 1874; charter revoked 1967. Named for Joseph A. Engelhard (1832-1879), publisher of the Wilmington Daily Journal, 1861 to 1870. Known earlier as Far Creek. North Carolina: The WPA Guide to the Old North State, (Chapel Hill, N. C., 1939), says of Engelhard that it is "a village of many canals. Thousands of truckloads of fish are shipped from this point annually." , From the perspective of its waterfront setting and the development of an important fishing industry, the community contributes to an understanding of a late nineteenth and early twentieth century way of life that has disappeared in many other coastal settlements. B. Parameters for development of an architectural theme. The waterfront is the nucleus of the settlement, and its wharves, populated by small boats and cmu ercial vessels, extends out into broad panoramic vistas. The main body of historic structures are closely grouped around the junction of US highway 264 and state roads 1100 and 1101. The focus of an architectural theme should take into consideration the preservation and interpretation of these areas as a significant part of the community's identity. C. Historical significance of structures within the study area. The community of Engelhard features a wide variety of structures that contribute to the National Register qualifications for historic districts. The number of small, one-story retail buildings in the center of town have retained many of their original architectural features intact, especially storefronts and facades that have been altered and destroyed elsewhere. The unbroken line of cottages along the creek, and the more substantial two-story dwellings inland represent the variety of life styles in the camunity. 20 Of individual merit are the elaborate, false -gabled Gibbs Store (#1) at the southwest corner of the intersection of US 264 and SR 1101, the cross -gable store (#3) on the northwest corner of the intersection, and the gable -front store on the east side of SR U01 are especially important in defining the character of the ccmninity as a crossroads settlement at the mouth of Far creek. The Lake Landing Antique Shop (#8) and the two-story hotel (#9) at the entranceway of the.town, and the 1930s service station (#4), restaurant (#5); two-story commercial building (#6), wooden bridge, and rambling warehouse (#7) skirting the creek, all contribute to this sense of community. In addition, the grain elevators (#10) and other riverside structures and wharves add to the industrious character of the town. The one- and two-story cottages (# 13, 14, 19, 22) lining SR 1100 preserve a distinct early twentieth century residential character, despite the intrusion of mobile homes of recent vintage. Those houses that back up to the creek are of special interest. Larger hods are well represented in the cmtt mity and include two-story vernacular types (#27, 28, 29, 30, 31, 32) and contemporary styles (#25). Refer to Nap 3 for building locations. Building # on Map 3 Architectural Style 1 Commercial vernacular, with unusual false gable at front 2 Modern cam ercial 3 Vernacular, with recessed entrance and cross gables 4 Modern, with simulated t ile roof 5 Commercial vernacular 6 Industrial vernacular 7 Industrial vernacular 8 Vernacular, with vertical siding and front gable 9 Modern oannercial 13 Vernacular, with board & batten siding and end gables 14, 19, 22, 24 Vernacular cottages 27, 28, 29 Vernacular, two-story, end gables 30 Vernacular, two-story, central attic peak & finial 31 Craftsman style bungalow, with wall dormers 32 Modified gothic revival, with decorated verge boards, ridge - cresting and peaked window hoods D. Guidelines for rehabilitation of historic structures and for new cimstruction within the study area. The Introduction to this report cites the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as the basic manual for rehabilitation. This and other publications available from cities with Historic District Commissions and Historic Property Commissions, the NC State Division of Archives and History; the US Department of the Interior, National Park Service; and the National Trust for Historic Preservation provide recommendations and procedures for establishing and directing preservation programs at the local level. 21 IIV. HYDE COUNTY SHORELINE DEVELOPMENT STUDY: THE COWMTY OF OCRACOKE. IA. Protection and preservation of structures within the study areas. The North CarolinaGazetteer: A Dictionary of Tar Heel Places by William S. Powell (Chapel Hill, NC, 1968) contains the following regarding Ocracoke: Ocracoke, camunity on Ocracoke Island, s[outh]e[ast] Hyde County. Settled in the seventeenth century. The name Ocracoke seems originally to have been Wococon which appeared first on the Mite map of 1585. The Indian word apparently was waxkahikani, meaning "enclosed place," "fort," or "stockade," and it is believed that a fortified Indian village existed at the site. By 1676 the name Okok was used, and by 1709 it had developed into Occacock. North Carolina: The WPA Guide to the Old North State, (Chapel Hill, N. C., 1939), says of Ocracoke: On the north side of Ocracoke Inlet, [it] is a fishing village settled in the 17th century. Islanders in precarious houses, coast guardsmen, and sportsmen live peaceably here although there is no civil officer of the law. At the boat landing is a hotel, a frame structure built around three sides of a sandy courtyard. Infrequent hurricanes, hardly one in a decade, strike with great 1 force. The village was inundated in the storm of 1933. B. Parameters for development of an architectural theme. Ocracoke is a picturesque hamlet situated along the curving P �e 9 shoreline of Silver lake, and features a splendid array of coastal cottages, large shingled structures and a historic lighthouse on the bank adjacent to windmill point. Modern construction in general has been sympathetic with the architectural integrity of the town, but planning for the future development of the area should ensure that this integrity is preserved and can became the model for the entire region. C. Historical significance of structures within the study area. The comunity of Ocracoke features a wide variety of structures that contribute to the National Register qualifications for historic districts. The repetition of gabled structures covered with weathered shingles, and the closely knit orientation of the area to the lake, and inlet and adjacent lighthouse (#9) preserve the ambience of a sea side haven. • 22 U The main body of historic structures are arranged along the horseshoe curve of Silver Lake and on both sides of Silver Lake Inn Road (SR 1326) just south of the lake. The architecture of the ccmn aty consists generally of one- and two-story vernacular frame dwellings (#2, 3, 8, 10, 12, 13, 14, 15, 16, 17), most covered with weathered shingles. A series of rambling wharves link the land with the lake (#5, 28, 29, 30, 31, 32) and are punctuated by picturesque boat houses and service buildings (#1, 23). The large shingled structure, enlivened by cross -gables, a progression of gabled dormers, and a pyramidal -roofed tower (#4) is the centerpiece of the inner harbor and is echoed by similar structures (#25, 31, 32) on the opposite side of the lake. Scattered through the town are several commiercial buildings (#6, 7, 22, 23). Secondary features include fences (#6, 8, 9, 12, 13, 16, 26) and small outbuildings (34, 19, 24) that add to the character of the ccmmslnity and link the various elements together. Refer to Map 6 for building locations. Building # on Map 6 Architectural Style 1 Two-story vernacular, with hip roof & shingles 2 Two-story vernacular, with cross gables 3 Coastal cottage, with wall dormers 4 Coastal cottage, with transverse wings, multi -level dormers, and cupola 5 Modified colonial revival 6 Commercial vernacular, with false gable 7 Vernacular cottage 10 Coastal cottage, with frieze -band windows 11 Coastal cottage 12 Vernacular cottage, with cross gables 13 Craftsman style bungalow, with exposed rafter hip roof 14-15 Craftsman style bungalows, with recessed porches & tripartite dormer windows 16 Colonial revival, two-story, with shingled upper story & hip roof 17 Vernacular cottage, with wraparound porch 20-23 Commercial vernacular 24 Coastal cottage, with cat -slide rear wing 25 Coastal cottage, with transverse wings, gabled dormers, and shingled walls & roofs 26 Two-story vernacular, with scroll brackets at porch posts D. Guidelines for rehabilitation of historic structures and for new cxnstruction within the study area. The Introduction to this report cites the g2E2t2�Z of the Interior's Standards for Rehabilitation and G idelines for Rehabilitating Historic Buildings as the basic manual for rehabilitation. This and other publications available from cities with Historic District Coami.ssions and Historic Property Commissions, the NC State Division of Archives and History; the US Department of the Interior, National Park Service; and the National Trust for Historic Preservation provide recommendations and procedures for establishing and directing preservation programs at the local level. 23 Li IV. HYDE COUNTY SHORELINE DEVELOPMENT STUDY: THE COMMUNITY OF SWAN QUARTER. A. Protection and preservation of structures within the study areas. The North Carolina Gazetteer: A Dictionary of Tar Heel Places by William S. Powell (Chapel Hill, NC, 1968) contains the following regarding Swan Quarter: Swan Quarter, former town and present county seat, s[outh] Hyde County. Altitude] 10. Settled prior to 1836 when it was made the county seat. Incorporated] 1903; charter repealed 1929. Believed to have been named for Samuel F. Swann, an early owner of the site. North Carolina: The WPA Guide to the Old North State, (Chapel Hill, N. C., 1939), says of the comiauzity: Swanquarter [sic.], seat of Hyde County, is on Swanquarter Bay, an indentation of Pamlico Sound below the Pamlico River. Hyde County, formerly the precinct of Wickham, was formed from Bath County in 1738 and named for Edward Hyde, Governor of North Carolina (1710-12). Peat bogs abound throughout the section and salt marshes border the coast. Large oyster beds are in adjacent waters. The HYDE COUNTY COURTHOUSE is a red brick structure built in 1850 to which two wings have been added. The present brick PROVIDENCE CHURCH K E. South) is on the site of an older wooden church. According to local legend there was much controversy over the site of the first church. A public-spirited citizen offered space in his yard when the owner of the chosen site would not sell. In August 1-876, just after the church had been finished, a tidal wave swept over the fan - shaped bay into the village. In answer to prayers of a young ministerial student for Providential intervention to make the better site available, the church was floated across the main street to the spot first selected. Early next morning the lot owner was at the courthouse eager to give the church a deed to the property, convinced that it was holy ground. The church, then named Providence, was the only building moved by the storm. I 24 B. Parameters for development of an architectural theme. The community of Swan Quarter consists of two distinct areas. L%e main body of historic structures line both. sides of US 45 east of Swan Quarter Bay. T.'ie second area is the waterway adjacent to SR 1136 that courses west to the bay. The former area contains a variety of buildings that date from the last half of the =etee�enth wry to the early twentieth century, and are models of the vernacular, Queen Anne, Victorian Gothic and Bungalow styles. The area skirting the inlet features commercial structures, and wharves and ancillary buildings associated with the pleasure craft and fishing vessels tied up at the piers. The focus of an architectural theme should take into consideration the preservation and interpretation of these areas as a significant part of the community's identity. C. Historical significance of structures within the study area. The comTunity of Swan Quarter contains a wide variety of structures that contribute to the National Register qualifications for historic districts. Contributing buildings are the brick Providence Methodist Church (#1), the Hyde County Courthouse 02), the Gothic style frame Church (#5), the two- story dwelling with central projecting tower and bay -windowed side elevations (#6), the two-story, L-shaped house which retains its original detached kitchen and features unusual stepped chimneys (#8), the tripartite house with a handscme double -story front porch (#7), the two-story vernacular houses (#9, 10), the story -and -a -half bungalow with wraparound porch and decorative shingles in the front gable (#11), the rambling Queen Anne style house with an array of pediments, pedi.mented dormers and classical porch (#13), and the cubical, cross -cabled dwelling l gkI4.ghted by paired sash windows ( #12) . Refer to P4ap 9 for building locations. on Map 9 # Architectural Style °n map � 1 Victorian gothic, brick, with asymmetrical end towers 2 Two-story vernacular, with later-Italianate-bracketed cornices 3 Vernacular 4 Vernacular, with false gable 5 Victorian gothic, frame, with side tower & paired lancet 6 7 8 9-10 11 12 13 14 windows Queen Anne, with polygonal windows in end elevations, Queen Anne, with bracketed Two-story vernacular, with Two-story vernacular center -bay tower, polygonal bay and wraparound front porch double -story front porch one-story kitchen at rear Dutch colonial - shingle style, with patterned gables, and tuscan order, wraparound porch Modified Queen Anne, with shingled cross gables windows Colonial revival Commercial vernacular shingles in and paired 25 D. Guidelines for rehabilitation of historic structures and for new construction within the study area. The Introduction to this report cites the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as the basic manual for rehabilitation. This and other publications available fran cities with Historic District Commissions and Historic Property Commissions, the NC State Division of Archives and History; the US Department of the Interior, National Park Service; and the National Trust for Historic Preservation provide recommendations and procedures for establishing and directing preservation programs at the local. level. CONCLUSION. All communities reflect certain characteristics that identify them as individually as faces on people. A "sense of place" is the result of an understanding of the process by which the site was selected for the foundation of the community, the people who built the town and reared their citizens, the architectural styles that prevailed in the region, and the forces that now act on the preservation of the town as a small community or develop it into a more populated area. These are all necessary to a viable evaluation of the present and the future of the community. The critical and objective determination of what characterizes the cocmmunity and the ways in which this character can be preserved for the future, should be at the center of all considerations of protection, preservation, rehabilitation, development and expansion. Each of the three coaR =ties discussed in this report, Engelhard, Ocracoke, and Swan Quarter, present different aspects of historical and architectural interest that are highly individual, yet are important in their association with the history and taste of the region over a long period of time. In regent years preservation philosophy has concerned itself with commmunity planning more than the restoration of individual historic structures. Ccammities have established Historic District Commissions to assist in the determination of appropriateness in the rehabilitation, alteration, and demolition of structures within designated historic districts. The guidelines that have been developed are based on national, state, and local ordinances and are enforced under: provisions outlined in NC General Statute, Chapter 160A. In addition, restoration handbooks have been developed by Old Salem and Wilmington, NC; and Oakland, California with the goal of presenting to the public tried and true solutions regarding preservation issues of today. 26 1. 2. 3. 4. 5. SPECIFIC DETAILS OF SrYLFS Italianate (1840-1885) Square cupola or tower; low-pitched roof; widely overhanging eaves supported by decorative brackets; 2-3 stories; tall, narrow windows commonly arched above; elaborated window crowns. Second Empire (1860-1880) Mansard (dual pitched hipped) roof, with dormer window; molded cornices abovd and below roof slope; decorative eave brackets. Stick Style (1860-1890) Steep gable roof; decorative gable trusses; cross gables; overhanging eaves; horizontal and vertical bands raised from wall surfaces; wooden wall cladding; diagonal or curved porch braces. Queen Anne (1880-1910) Steeply pitched roof of irregular shape, usually with front -facing gable; textured shingles used to avoid smooth -walled appearance; asymmetrical facade; partial or full width asymmetrical porch, usually one story, wraparound. Shingle (1880-1900) Irregular, steeply pitched roof line, usually with cross gables; multi -level eaves; wall cladding and roofing of continuous wood shingles; shingled walls without corner boards; extensive porches. 6. Colonial Revival (1880-1955) Symmetrically balanced facade; windows generally paired; double - hung sash with multi -pane glazing in one or both sashes; accentuated front door with decorative crown supported by pilasters and/or entry porch supported by slender columns; fanlights and/or sidelights. 7. Neo-Classical Revival (1895-1950) Symmetrically balanced windows and center door; facade dominated by full -height porch with roof supported by classical columns, typically Ionic or Corinthian order; 8. Craftsman (1905-1930) Low-pitched gabled roof with wide, unenclosed eave overhang; decorative (false) beams or braces under gables; roof rafters exposed; porches, full or partial width, supported by square columns with masonry column bases, continue to ground level. 27 ITALIANATE AND LATE VICTORIAN PERIOD ARCHITE=3RE 1. Italianate (1840-1885) Influence from England through Picturesque movement Reaction to classicism In America: formal Italian Renaissance town houses Andrew Jackson Downing (1815-1852). 2. Second Enpire (1860-1880) Modern fashion in France under Napoleon III (1852-1870) Spread to England and to America Remodeling of earlier buildings because of extra full attic. 3. Stick Style (1860-1890) Medieval English tradition Wall surface used as decorative element Decorative trusses in gables "Wooden version of polychremed High Victorian Gothic". 4. Queen Anne (1880-1910) Named for Queen Anne (1702-1714) Richard Norman Shaw Models were late Medieval and Jacobean. 5. Shingle (1880-1900) American adaptation of traditional styles. Queen Anne - porches, shingles, asymmetry Colonial Revival - gambrel, lean-to additions, classical columns, Palladian windows Romanesque - irregular shape, arches, stone lower stories. 6. Colonial Revival (1880-1955) Models were early English and Dutch Georgian and Adam styles form backbone of the revival. 7. Neo-Classical Revival (1895-1950) Influence of 1893 Chicago Exposition Classical theme: Hipped roofs, elaborate correct columns After 1920s side gables, slender columns. 8. Craftsman (1905-1930) Arts and Crafts Movement Greene and Greene in California Prefabricated houses Exposed roof details and braces. 28 N tD ARCHITECTURAL STYLES FINIAL GARGGRGAIRu ALSO CALLED VERGEDOARD AHD --� CARPENTER'S LACE IDANT PE DIAMOND PANES DRAcjar AOAR0 Ai,.D GArriN BAY IrINDow CK ---- Cf,IE.L 04Lu5ra.s • f - • • 9ALUMADE S Source: Architecture in Wilmington New Hanover County Miseum �- - PORTICO OR PORCH HOOD ► ALD v 1111 LANCET --BATTLEMENT DETAIL BRACKETS • TREFOIL QUATAEFOIL CReSTING I CUSP AND FOIL, FRINGE FISH SCALD SHINGLES "sToaNEp BARGAnOAAP Ci-ED2li/AN SJE'COrlD EMPI?E �.I.w..wr.I Mr.wn -- os/ 4.Irur•Jr • a y .r.rir.J lrw pl.41),Idi..lr) w./. �+\Jrrwr. .-�- 3 • .wlw..w rN� 1 nwW.J.....K.• - �_^^•s�'i'J � �� �.7 [�e �: i�.at�rilnra__ LC W . ��� � .TAT\ w CD 1 )Irl)M I.T,Q�EC I�EVIvAL p\AJ « AypJ wr.l w p,A ArN• r/rA �waA \ ISM ti rl••ri «rrM.4 �w wJwrr. rrr.r. A.../ h 4«rNwrd wrrr.l r7-. 41,4AIA rE 1J •y-� ST�GK STYLE Nr.i. NrN. M.Y\wr./ AA br.1 / Ni1N •liq...l r.rw /wc►.q'.r. M .N W jr"i • I..IrrY —OFF SH/Nlat1 ST)'g,E -Nwwr.N ..A Nlww ..•p4 « Nw« / irnrylr. r«�1) p.A.1 r..f Arw .Ir.NI ..► r� .r�lr .«rA..A•� N� .•17w.N N / Ir.«r.w \rrlw. Lwrl •rW.. .w..ww rw.b r .Mr M rr\w ...ry1r) .rr•.N/ .•\ Jwwwrw .nJ r.•Aw, a A.•)Ir1 .rM. r•IwW rw. rrol•r. ■ 1«wrn r w•\. A•d o•n ../w.wrrrr.l /rrM QUEEN A VNE V/CTDQ/AN Foc-K 57YLe w••al•..4 r.••\ .. I.j 1w 4. TUvoR. SrYc.e r••rl. r.d..J 1\.p.....Ilr ... Jr.rw COL ONIAI_ ,CEVI vac-. .L , @..\ ♦..,1..\..r 1.A. ..ally, ..► ".\ I— so" " w r,.\..dr .w.wJ •VMb (1 `M ......► ww.+wwi M... 0' w.w.../4.."1 .....Mw.d y Irw wry M••R ,rr. w.. ►r r..w« "i'""niA1"'` /VEO-CcgsSicAL /LeVIvAc-. I..wr. p►4 Mw....:yl 1w.4..w+... Imod wgrw.. by YwJ w.ww Iwrk . 111 .ah yr.n....Yr ►rw.wt .rJ....J ww. Jww., r... �DD /.I•d1 a�� ILIJ.•IL1t.IR NtrYr IV.Q1 CN l HONTCMUD,Iw.' weFlo LOW"#%1LIWIDTH qY0/ r......w ..w. a _ ry« I14t r•1• u1 nr Is I F111 []I I I IDWIwGurM CA IM L-1rw1 ---r.�_>:: i", .- --------_ --- ----- - ft-- D r•1•• u�. • nr•• ln-I w M w M w M M btkt. rsonc. or �- waste. . all claddin/. snmeumes .0h fakir M1!•umbrtity �SPANiSH' • �"' :�. VOW -t - : eaL•L'1�r' 62AF7-SMAN` STYLE lo...pkchtd 1 roof (ocessio. hipped) . ilh uwtncb.ed el toof..hm usually esp.$ porchts, ewhe of par ial•wid wi-h tool' sups by .q.are col, go so Nor Kagso /all-wrgdy CALLED VrKGrIl0ARD piacl.ed. bippal 1.4 AND (otcasinndly pbkd CAr.PENTEWS LACE M t.wetvd tulaype) wit"I dominam. 6..w-faciw� PENDANT ctms phk DIAMOND PANES / ears! ......ly u.AC9sr Mted upward r tosf•wall jonclion Pi0A11O AI' D 6ATTEN 0A`I IV IA DOH Cf cr. lt.L �..- _ � ;� :I 1/ I "J y-I:tiY staccc �•-t'^,Li /i�. -�. 94 USTErC • PORTIG OR lti�. !� • �)J' •: encvrrnADe PORCH decxative (false) beams or btsto under tables columns or column bun frequently eominue to gtound level (without break ,1 Ic.d wf porch Door) .«L. ew F.— ant. "-IItMCLT On —BATTLEMENT DETAIL „� TREFOIL ar.Acr�rs / CRESTING e J gUATAEF01 C CUSP AND FOIL FRINGE FISM SCAL: SHINGLES (�G l FISj00NiD BARG230AAP I. WHAT YOU NEED TO DO TO PROTECT THE CHARACTER OF THE CCMKJNITY Recognize and identify your cultural resources. A. Recognition. The most effective means of protecting the character of the com unity is to recognize that each c:onnunity has developed over a period of time a character of and by itself which is the result of a variety of factors. These factors may be its location, natural features, history, architecture, and industry. By recognizing these distinct factors, one can begin to identify the resources and determine their value in enhancing both the quality of life and the economic strength of the commainity. In addition, these resources have been passed on from generation to generation and preserve a heritage that has an impact on a much wider geographical area than the community: it links the artistic and cultural life of the region, the state and the nation. How and why the community came to be settled is tied up with such factors as waterways, roads, railways, relation to other towns, topography, soil conditions, and raw materials. These influenced the initial settlement and its growth, and should be kept in mind when planning for future development. B. Identification. The identification of resources includes a study of written records such as deeds, wills and diaries; interviews with elderly residents living in the c=nmity; old photographs; archaeology; and architecture. Public records and private papers are a valuable beginning because they are easily found and contain historical information about both the place and the people who caused the community to grow and prosper. Archaeology can provide additional facts that are lacking in the documents. However, since archaeological investigation can be a destructive process in itself, it is best to avoid digging into the past unless advised to do so by a professional in the North Carolina Department of Cultural Resources. The architectural styles and periods of construction give glimpses of the owner (his taste, ability to pay, and his self-image); the builder (his training, tools, available resources); the era (the vogue, and the technology available); and the place (climate, environment, materials available, rural or urban setting). 33 All of these resources should be identified through surveys and research conducted by or supervised by professionals in these various Melds. The collective information should be brought together in the form of a report that becomes the basis for establishing a historic district which encompasses these important resources and protects these for the future. 11. Es-,abL-Lsh= a historic district commission. A. The historic district =ord-gsion. Before designating a historic district, a historic district camission should be established. This should be done separately for each of the camnunities of Swan Quarter, Engelhard, and Ocracoke. The historic district camnissi,on is a body of citizens in the catmunity who are appointed by the Board of_ Cc;mdss Xs_ to direct the review and approval of any changes within the historic district. B. ' tion of the historic district1 ems; on. ii The composition of the historic district commission should include ■ the following: number of members who will serve on the commission (more than three), the length of their terms (four or less), their special interests or for serving on the commission, and their resir3ency within the area of jurisdiction. 11, 11 C. State Legislation. The state enabling legislation, General Statutes, Chapter 160A, Article 19, Part 3A, Sections 395 to 399, addresses the esablishment of historic districts by counties as part of a zoning ordinance. Within this legiglation are explanations of the designation of historic districts, historic district commission, certificates of appropriateness, certain changes which are not prohibited, and the delay in demolition of buildings within the historic district. 34 D. Zoning Ordinance. A historic district zoning ordinance should state the creation of a historic district commission in accordance with the North Carolina General Statutes, and contain the following sections: 1. Appointment and tenure of members, composition, attendance, rules of procedure and design guidelines. 2. Authority and powers of the historic district commission, certificate of appropriateness required, red, commission's review of applications for certificates of appropriateness, public meetings and the commission's authority to act as advisors to owners of properties. 3. Application requirements and procedures for certificate of appropriateness, pre -application review, final application, 4. Design review process For certificate of appropriateness. 5. Certificate of appropriateness for demolition of structures in the historic district. Note that demolitions cannot be denied, but may be delayed for a designated period of time to enable the commission to find a means of preserving the structure. III. Establishing a historic district. A. Historic District Boundaries. Prior to the designation of a historic district, the historic district boundaries should be determined and all buildings, structures, features, sites and surroundings within the boundaries should be described in detail to establish their architectural and historical significance. This should be done separately for the communities of Swan Quarter, Engelhard, and Ocracoke. B. Reporting findings. At the completion of the investigation, a report is prepared and submitted to the North Carolina Department of Cultural Resources, where it will be reviewed and a written analysis and recocmmendations returned to the municipality within a designated period of time (usually 30 days). After receiving the recommendations from the North Carolina Department of Cultural Resources, the county may follow the standard ruls of procedure for adopting or amending the zoning ordinances. 35 IV. Establishing guidelines for the historic district commission. A. Preparation of a Certificate of Appropriateness. Applications for certificates of appropriateness should identify the property location, the tax parcel number of the property, the applicant's name and mailing address, the type of application (alteration, restoration, reconstruction, new construction, moving), architectural style, date, and use of the building, and a clear description of the work to be done (accompanying photographs, plans, elevations, and proposals from contractors are helpful). The application should include the names and mailing addresses of all adjacent property owners, addresses of all adjacent properties, and tax parcel numbers of all adjacent properties. B. Adopting written design guidelines. The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings is the most widely ■ accepted publication of design guidelines and is available from the North Carolina Department of cultural Resources. Local design guidelines are often developed by the historic district commission and used in conjunction with the Secretary of the Interior's standards. An example of a successful local design guideline is that used by the City of Wilmington, North Carolina, containing six sections which cover improved and natural landscapes, work on existing structures, new construction, moving, demolition, and signs. ■ Historic district commission handbooks, prepared for the purpose of informing and educating the property owners within the historic district and the public in general about the protection and conservation of the character and heritage of the district, are helpful because they summarize the regulations and procedures in a manner that is easily understood and form a basis of understanding why such rules are important. A zoning ordinance should be prepared to contain a section that• outlines the historic district cammission's powers, procedures, design review process and appeals (see Section II.E. above). V. Establish a coup ide task force for historic preservation. � In addition to a historic district canmission, it may be prudent to bring together members of various cultural, educational and preservation organizations to serve on a preservation network to assist the Swan Quarter, Engelhard, and Ocracoke historic district omissions in working with the public. Among the goals to be established by the task force and carried out over a specified period of time are: 1 36 1. To conserve the historic architectural and archaeological resources of the county by making an assessment of the important structures in the county, coordinating efforts to preserve the historic resources, and expanding protective measures to preserve important structures throughout the county, not just in the historic districts. 2. To educate the public about the benefits of historic preservation through public awareness programs which address preservation benefits and regulations, architectural review as a positive process, an awareness of the -architectural heritage of the county, preservation education in educational institutions, coordination of preservation activities by the various preservation groups, and a working knowledge of ccmmercial development needs and how they can work with preservation benefits. 3. To to stabilize and enhance property values in the historic districts, and encourage maintenance and improvement of structures, grounds and neighborhoods. This goal can be achieved by starting a landscaping program within the public rights -of -way and includes new plantings of trees, shrubs and grass to enhance the appearance of the county. 4. To develop a preservation network of public and private preservation groups to implement receded actions. 5. To foster tourism through the preservation of structures and neighborhoods. VI. Developing a program to research and date historic structures. Many historic districts have developed programs to research and date their historic structures and to install plaques on the structures that give residents and visitors a better appreciation and understanding of the history being preserved in the canninity. The Old House Journal, October 1976 issue, outlined methods'by which this process can be started and haw the research is done. The research includes determining who built the structure and when, the style of architecture, how the structure looked inside and out, who owned and lived in it, and the cultural forces at work when the structure was built. The process for collecting information for the historic plaque is the same process used in the research to establish the historic district. The advantage of the plaque program is that it is a constant and readily accessible link with the cultural resources being preserved. 37 I An expansion of the historic plaque program can be the preparation and publication of a self -guided tour book, brochure or descriptive map of the coammity which shows the important structures within the historic district. I VII. Establishing a local history museum in the comnani.ty. P, 1 A. Need for a museum. The establishment of a local history museum may be beneficial in bringing together artifacts and images that interpret the history and everyday lifestyles of past generations. These resources may not otherwise be available to the public because they are in private ownership, or widely scattered throughout the county. B. The museum's role in the canmumity. Museums have used their resour programs to teach school groups fro about their heritage by using these interest programs by guest speakers because they touch on a variety of fishing, industries, local crafts, and leisure activities. C. Effectiveness of a museum. ces effectively to develop educational m grade school through high school artifacts. In addition, special - appeal to both children and adults subjects including agriculture, fashions, building trades, and social For a museum to be effective, however, it must be strongly supported financially by the community and must be staffed by museum professionals. The basic paid personnel should include a director, exhibits specialist,_ curator, educational coordinator, and shop and maintenance technicians. D. Alternates to a museum. Many small cammmities have established historical societies, often staffed by volunteers, as an alternative for a local history museum. The historical society can coordinate and direct research such as the historic plaque program and the publication of guides and maps, restore historic structures, act as an intermediary between preservationists and developers, and present educational programs and displays. Lacking the financial or professional resources for either a local history museum or a historical society, the community can establish a policy for collecting local artifacts for display in public buildings and possibly a chamber of commerce office. Brochures and other information can be placed in these locations as well as being distributed to a library, police, fire, and service stations where the public has access to then. I38 VIII. Conclusion. The protection and preservation of a ccamunityIs identity should be one of the most important responsibilities of every citizen. The best means to attain this goal are to recognize and identify the resources that contribute to the amity's identity. These resources emm plify the cultural heritage that has survived for generations and give meaning to present and future residents. Historic districts and historic district commissions are established "to protect and conserve the heritage of the city ... and to safeguard the character and heritage of the city by preserving the district as a whole." (General Statutes of North Carolina). The typical process for establishing these is for the County Commissioners to approve the district concept, along with a detailed set of regulations and guidelines. Focal guidelines are administered by a citizens' board who approve, reject or request modifications to proposed changes in the district. Types of approval typically include new construction, additions and porches, metal awnings, chain or wooden fences that are visible from the street, tree removal, painting unpainted masonry, altering rooflines, installing new windows that are visible from the street, applying simulated materials on the public facade, and paving materials. The guidelines are arrived at through public hearings and the city government has the right to regulate such things for the benefit of the public. Over the years more than 1,200 historic districts have been established in the nation and opposition has decreased because of public education and the realization that "we hold all land or property as a trust." ("New Clout for Historic Districts", Historic Preservation, November/December 1988). In some cases it is important to bring in a larger group of paid professionals and volunteers to organize a task force for coordinating preservation activities among organizations, to consider establishing a local history museum or historical society, and to develop educational programs, historic plaque programs and the publication of historic guides of the community m unity and the region. 39 I I RECOMMENDATIONS There is not one single solution to the economic development of Hyde County. One or two industries would not satisfy the county's economic needs. The long-term solution lies in the preservation, packaging, and marketing of the county' s existing assets. Annually, thousands of tourists pass through mainland Hyde County, but do not stop. These visitors must be given a reason to stop. Simply said, Hyde County must look like an appealing place to visit. Ocracoke clearly has an advantage. Every year the number of people visiting the island increases. The long-range problem confronting Ocracoke will be control, and not promotion of growth. The mainland communities of Swan Quarter and Engelhard must vigorously develop a marketing program supported by multifaceted efforts -to improve community appearance. Hyde County is not being effectively presented to the traveling public or to potential business investors. County Wide 1) The first priority for Hyde County is the establishment of central sewer systems for Engelhard, Swan Quarter, and Ocracoke. The establishment of these systems will be expensive and environ- mentally complicated. No one source of funding will be suffi- cient. State, federal, local, and private funds will be required. It is requested that the state establish an inter- agency task force to work directly with the Hyde County Board of Commissioners and Manager to identify solutions and sources of funding. As a minimum, the task force should include repre- sentatives of: the Department of Commerce; the Department of Economic and Community Development, Division of Community Assis- tance; the Department of Environment, Health and Natural Resources, Division of Environmental Management; and represen- tatives of the Governor's Office. ■ As a result of help received because of the North Carolina, Coastal Initiative Program, Hyde County has received funding for the preparation of a feasibility study of a "wetlands" innovative wastewater treatment plant for Engelhard. Funding consists of the following sources: Environmental Protection Agency/$20,000; State of North Carolina/$5,000 in -kind services, and Hyde County/ $5,000. If a successful system can be developed, the technology may be applied to Swan Quarter. The wetlands system demands large land areas (surface flow systems require about five acres to treat each 100,000 gallons per day, see Appendix II) . This large land demand and numerous environmental problems may pro- hibit utilization of a wetlands treatment system for Ocracoke. The proposed task force will aid in developing innovative treatment options. 40 2) The county will pursue establishment of historic preservation districts and commissions in Engelhard, Ocracoke, and Swan Quarter. An historic district zoning ordinance will be 'designed for each area and patterned after the example included in this report as Appendix I. It is requested that a representative of the Division of Archives and History be assigned to work with Hyde County in the development of historic districts and ordinances. 3) The county will establish a tourist/visitors center to be located at the intersection of U.S. 264 and N.C. 45. This location will serve both traffic traveling through the county and traffic traveling to and from the Ocracoke -Swan Quarter ferry. The county requests technical assistance from the Department of Tourism to develop plans and guidelines for the center and to identify sources of funding. The center does not have to be large or elaborate. However, quality is important. The oper- ation may be staffed part time with volunteer workers. A second center may be established on U.S. 264 at the Octagon House. 4) The North Carolina Department of Transportation, Division of Highways, should implement its wildflower research project along U.S. 264 from the Hyde County Airport, west to the Hyde County line. It is requested that a representative of the DOT be assigned to develop and coordinate this program with the Hyde County Manager's office. 5) Hyde County will support participation in the North Carolina Department of Transportation Adopt -A -Highway program. The program will be implemented along U.S. 264 from the Hyde County Airport, west to the Hyde County line. It is requested that a representative of the Division of Highways be assigned to work with Hyde County to develop the program. 6) Businesses throughout Hyde County are unfamiliar with the assistance available through the state's community development economic development programs. An educational effort is needed. It is requested that representatives of the Department of Economic and Community Development, Division of Community Assis- tance, conduct a county -wide seminar to explain and promote the program. 7) There is not any in -county technical training beyond the high school level. The county requests the assistance of the North Carolina Community College System and the North Carolina Agricul- tural Extension Service to investigate the need for and options available to establish in -county post -high school technical training. Training should focus on general business development skills, technical training relating to existing businesses, and service industry talents. 41 8) The county's commercial fishing industry may have "untapped" markets. It is requested that representatives of the Department of Commerce and Department of Marine Fisheries be designated to work with a county committee composed of local commercial fisher- men to investigate the opportunities for exporting seafood products. In addition, the options for establishing a non-profit seafood processing plant with the assistance of a community development economic development grant should be pursued. The Hyde County planner or manager's office should pursue this possi- bility with the DECD Division of Community Assistance and coord- inate with local commercial fishing interests. 9) Private investors for the following facilities and services should be located: - Restaurants Motels Marina facilities - Pamlico Sound fishing charters - Bed/breakfast facilities - Mainland and sound nature tours ( including Lake Mattamuskeet) This effort will be directed at improving both the quality and diversity of services offered in Hyde County. The Department of Commerce may be of some help. However, much of this effort will have to be accomplished through local entrepreneurial effort. 10 ) The county will revise its minimum housing code. An example code is included as Appendix II. A strengthened code will have little impact on Ocracoke. However, dilapidated structures exist in both Engelhard and Swan Quarter. The Engelhard harbor area is the most adversey affected by substandard structures. The entire county will benefit from improved control of structural conditions. Caution must be exercised in the implementation of this effort. Hyde County does not desire to displace families or unreasonably require building demolition. However, the county does intend to require that buildings which are a health hazard and which detract from community appearance be removed. 11) The county will coordinate with the Soil Conservation Service the mapping of canals, ditches, and streams. With county support, SCS can take the lead role in providing technical assistance to accomplish "snagging" and general clean-up. A clean-up program should be coordinated with the Albemarle Resource Conservation Council. Local government support of one-third of the cost will be required. The remaining two-thirds cost may be available from the DECD Division of Water Resources. The problem of removal of abandoned or sunken vessels will require Coast Guard assistance. The county will request that a representative of the Division of Water Resources be appointed to work with the SCS, Albemarle Resource Conservation and Development Council, and U.S. Coast Guard, to develop a plan of action to deal with sunken/abandoned vessels. 42 12) Efforts are underway to establish a Hyde County Chamber of Commerce. While this is a private sector effort, Hyde County strongly supports development of the chamber. All economic development plans and activities will be coordinated with the Chamber of Commerce. 13) Hyde County requests the assistance of the Department of Trans- portation in investigating the feasibility of establishing a high-speed day ferry or pedestrian ferry between Ocracoke and the mainland. Not only would such service increase tourist accessi- bility to Ocracoke, it could provide the mainland labor base access to Ocracoke to support the tourist -related service estab- lishments. High-speed ferry service may be operated as either a public or private venture. 14 ) Hyde County requests that secure/safe anchorages -which exist along its shoreline be added to the State Boating Map. These anchorages are shown on Map 10. These sites were identified cooperatively through the Coastal Initiatives program by Hyde County and Economic and Community Development personnel. Identification of these sites will provide increased safe anchorage areas and attract boating traffic to mainland Hyde County. Assistance of the Coast Guard in marking channels to the areas should be requested. 15) Hyde County requests that the Department of Transportation inves- tigate the feasibility of des ignat inq segments of U.S. 264 as a scenic highway. Emphasis should be placed on the portion of the highway extending from the Intracoastal Waterway east to the intersection of U.S. 264 and N.C. 45. Another segment may include U.S. 264 from the Hyde County Airport east to the county line. Caution must be taken to clearly understand the restric- tions which would be associated with scenic highway designations. The county may not want to embrace the limitations which are associated with such designation. 16) Hyde County requests the assistance of the North Carolina Wild- life Commission in investigating the need to establish no -wake zones along navigable canals. In some areas, bank erosion caused by boat wakes is becoming a problem. 17) The pier at the Swan Quarter wildlife refuge is rapidly falling into a state of disrepair. This facility provides unusual Pamlico Sound fishing opportunities to residents and tourists. Hyde County requests the North Carolina Department of Marine Fisheries to provide financial assistance to preserve the facility. Additionally, the state should vigorously encourage the National Wildlife Service to maintain the facility in a usable condition. 43 ISwan Quarter 1) All development in Swan Quarter will be potentially impacted by the designation of Swan Quarter as an Outstanding Resource Water area. The limits of that designation have not been defined. For example, if the regulations apply to all tributaries, the con- trols could extend inland for miles. Hyde County requests that the ORW designation be limited to Swan Quarter Bay and its shore- line. Tributaries should be eliminated from the designation. 2) A concern in Swan Quarter is improvement of community appearance. One of the major attractions is the Swan Quarter -Ocracoke ferry terminal. The county requests DOT to prepare and implement a landscaping plan for the ferry terminal facilities. The plan should utilize "annuals" which will add color to the site. Consideration should also be given to the establishment of a small farmers market on terminal property. 3) A Swan Quarter Economic Development Commission has been estab- lished. This effort should be coordinated with the establishment of a county -wide chamber of commerce and supported by the Hyde County Commissioners. The Swan Quarter Economic Development Commission reviewed and endorsed this report. -" 4) Community appearance and diversification of goods and services are critical to the growth and development of Hyde County. There is a widespread belief in the potential of tourism on the main- land. While there are opportunities, the lack of good restau- rants, grocery stores, and lodging accommodations are a serious hindrance. While local owners do not possess funds for large- scale improvements, amenities such as cleanliness and exterior/ interior aesthetic improvements could go a long way in improving the community's reputation and attraction to tourists. It is recommended that the county pursue Small Business CD Economic Development funds to aide in structural and cosmetic improvements. A survey of the incomes of all business and prop- erty owners should be undertaken. Assistance from the Albemarle Commission will be requested to undertake this survey. This will be important to determine owner eligibility for possible CD funded commercial rehabilitation. Assistance from the DECD Divi- sion of Community Assistance staff will be requested to prepare competitive applications for funds. Also, existing CD revitali- zation projects will be reviewed to determine if any surplus funds exist which could be utilized through an amendment for economic development. 5 ) A shoreline access site providing pedestrian access to Swan Quarter Bay should be established. This site could be located at Long Point with access from the Swan Quarter ferry terminal site or at the end of a private road extending to Swan Quarter Bay off N.C. 45. This site would provide visual access to an extensive marsh area and pedestrian access to the shoreline. This would 1 44 also provide fishing and crabbing opportunities. The county will submit an application for estuarine shoreline access funds. The assistance of the CAMA staff in investigating a site and preparing the application is requested. The site should be developed with facilities for launching small boats such as "sun fish" class sailboats. The desirability of Swan Quarter Bay as a lightweight sailboat and wind surfing site should be investigated and promoted. 6) The assistance of the Department of Commerce, the Albemarle Commission, and Northeastern North Carolina Tomorrow will be requested to assist local marina operators in researching options available for upgrading and expanding marina facilities. The need to improve transient docking facilities, channel depth and general harbor facilities will be analyzed. 7) The entrances to Swan Quarter must be visually improved. Three improvement areas exist: 1) the intersection of U.S. 264 and N.C. 45, 2) the intersection of U.S. 264 and S.R. 1129, and 3) the intersection of N.C. 45 and S.R. 1129. The county will request DOT Division of Highways assistance in designing a planting/landscape plan for each intersection. The county will solicit local civic organizations to commit to the development of each area. This will require initial labor for construction/ planting and long-term regular maintenance. Engelhard 1) The Engelhard Harbor must be developed as a community focal point. Visual and pedestrian access to the harbor should be improved. A specific site plan will be developed to address public and private improvements. The key elements of the plan will include: -- Removal of all dilapidated buildings adjacent to the harbor. -- Removal of all abandoned or sunken vesels. -- Establishment of a local and maritime history museum. -- Development of a public parking lot. -- Development of a shoreline access site. -- Preservation of the existing U.S. 264 bridge crossing the upper end of the harbor. -- Development of a landscaping private property surrounding Engelhard Harbor. plan for public right-of-way and �. the intersection of U.S. 264 and -- Development of picnic/park facilities adjacent to the harbor area. 45 11 2) Many substandard residential structures detract from the appear- ance of the Engelhard Harbor area. This is especially true of deteriorated housing located along the east side of S.R. 1100. The county will develop a community development community revitalization or demonstration housing application to develop a program for removal of the deteriorated housing and provision of standard replacement housing at new locations. A specific plan for reuse of the property will be developed. The county will request assistance from the DECD Division of Community Assistance staff and the Albemarle Regional Commission staff to prepare a competitive appl icat ions) . 3) The county requests assistance of the state in establishing a program for the regular maintenance and dredging of the Far Creek Channel. The Department of Commerce is requested to take a lead role in this effort. Maintenance of the Far Creek Channel is important to the Engelhard commercial fishing interests. 4) The county will develop an application for estuarine shoreline access funds to provide improved pedestrian access to Engelhard Harbor. The access point will be designed for visual enhancement and is not intended to provide active water access. The assis- tance of the CAMA staff in investigating a site and preparing the application is requested. 5) The assistance of the Department of Commerce, the Albemarle Commission, and northeastern North Carolina Tomorrow will be requested to assist local marine operators in researching options available for upgrading and expanding marina facilities. The need to improve transient docking facilities, channel depth and general harbor facilities will be analyzed. 6) The county, with civic/private sector support, will establish a Hyde County Museum Commission. The commission will investigate and pursue establishment of a Hyde County museum focusing on commercial fishing, agriculture, and natural history. A possible location for the museum would be the Old Ice House. The assis- tance of the Department of Archives and History in organizing this effort will be requested. 7) An Engelhard Economic Development Commission has been estab- lished. This effort should be coordinated with the establishment of a county -wide Chamber of Commerce and supported by the Hyde County Commissioners. The Engelhard Economic Development Commis- sion reviewed and endorsed this report. Ocracoke 1) An Ocracoke Economic Development Commission will be established. This effort should be coordinated with the establishment of a county -wide chamber of commerce. Some one or organization must be responsible. Currently there is not any leadership. 1 46 2) The lack of public parking is a major problem for Ocracoke. Rapidly increasing transient and day traffic is congesting the local streets. An estimated 50 to 75 parking spaces are needed in the vicinity of Silver Lake. Some consolidated parking near the intersection of Silver Lake Road and N.C. 12 would be desir- able. However, the cost of land will be an obstacle. Assistance of the DOT Division of Highways planning staff is requested to undertake a parking demand and planning study. If state assis- tance is not available, aid from the Regional Development Insti- tute will be requested. The county will establish a capital reserve fund to pay for parking improvement. The fund could be financed through an accommodations tax. Approval of an accommo- dations tax district would require approval by the North Carolina state legislature. 3) Assistance of the Department of Tourism is requested to improve the existing Ocracoke travel brochure and to facilitate wider distribution of the brochure both within and out of state. 4 ) The preservation of Oregon Inlet Bridge is critical to the economic survival of Ocracoke. As a policy statement, the county requests the state to take all possible actions to insure preser- vation of the bridge. In addition, an increasing problem exists with washout areas along N.C. 12 between Ocracoke and Oregon Inlet. Protection of N.C. 12 must be given priority status by the North Carolina Department of Transportation. 5) Ocracoke has a major solid waste disposal problem. Hyde County currently contracts with Dare County for the collection and disposal of Ocracoke solid waste. This arrangement will not continue indefinitely. Hyde County requests assistance through the Coastal Initiatives Program to undertake a detailed analysis of solid waste disposal for Ocracoke. If Ocracoke found itself without solid waste collection service, the economy of the community would literally come to a halt. 47 r i 1 1 1 1 1 1 1 1 APPENDIX I DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF WATER RESOURCES Water Resources Development Project Grant Program Eligible Purposes: - Navigation Flood Control Drainage Stream Restoration Beach Protection Recreation Aquatic Weed Control For further information, contact: Water Resources Planning Section Division of Water Resources N.C. Department of Natural Resources and Community Development P. 0. Box 27687 Raleigh, North Carolina 27611 (919) 733-4064 I TABLE OF CONTENTS Page North Carolina General Statute 143-215.70-.73 1-2 Authority for the Department of Natural Resources and Community Development to provide grants to local governments for water resources development projects. North Carolina Administrative Code, Subchapter 3-7 2-G, Water Resources Programs A description of eligibility requirements, cost -sharing rates, application and review procedures, and the implementation process for water resources development projects authorized by G.S. 143-215.70-.73. Aquatic Weed Control Program 8-9 Eligibility requirements and local govern- ment responsibilities for aquatic weed control. Model Resolutions 10-13 Model resolutions to be modified to fit a proposed project and adopted by a local government governing board to request State financial assistance. Guidelines for Documenting Costs 14-15 Explanation of documentation required for xP � project expenditures and for local in -kind contributions to project costs. Application Package 16 Explanation of items to be included is applications by local governments for water resources development project grants. 143-215.70. Secretary of Natural Resources and Community Development authorized to accept applications. The Secretary is authorized to accept applications for grants for nonfederal costs relating to water resources development projects from units of local government sponsoring such projects, except that this shall not include small watershed projects reviewed by the State Soil and Water Conservation Commission pursuant to G.S. 139-55. (1979, c. 1046, s. 1; 1987, c. 827. s. 154.) _ Effect of Amendments. — Tbe.1987 the Department of Natural Rcsouroa amendment. elective August 13. 1997. and Community Development.- substituted-Seavuvy' for 'Secretary of § 143-215.71. Purposes for which grants slay be re- quested. Applications for grants may be made for the nonfederal share of water resources development projects for the following purposes in amounts not to exceed the percentage of the nonfederal costs indi- cated: (1) General navigation projects that are sponsored by local governments — eighty percent (80%); Recreational (2) navigation projects — twenty-five percent (25%); (3) Construc!jon costs for water management (flood control and drainage) including purposes, utility and road relocations not funded by the State Department of Transportation — sixty-six and two-thirds percent (66 3/3%), but only of that portion of the project specifically allocated for such flood control or drainage purposes; (4) Stream restoration — sixty -sit and two-thirds percent (66 2/3%); (5) Protection of privately owned beaches where public access is allowed and provided for — seventy-five percent (75%Y, (6) Land acquisition and facility development for water -based recreation sites operated by local governments -- fifty per- cent (50%): (7) Aquatic weed control projects sponsored by local govern- ments -- fifty percent (50 K). (1979. c. 1046, a. 1; 1983, c. 450; 1987, c. 781, s. 1.) Effeet of Amaafdments. — Session Laws 1967. c. 781. a. 1. elfative August 1Z. 1987. added subdivision M 143-215.72. Review of applications. (a) The Secretary shall receive and review applications for the grants apeciiied in this Part and approve, approve in part, or disap- prove such applications. " (b) In reviewing each application, the Secretary shall consider. (1) The economic, soc3&4 and environmental benefits to be pro- vided by the projects; (2) Regional benefits of projects to an area ter than the area under the jurisdiction of the local sponsoring entity; (3) The financial resources of the local sponsoring entity;' (4) The environmental impact of the project; (5) Any direct benefit to State-owned lands and properties. (1979, c. 1046, s. 1.) -2- 143-215.73. Recommendation and disbursal of grants. After review of grant applications, project funds shall be dis- bursed and monitored by the Department. After review, but before transfer of funds from the Department's reserve fund into accounts for specific projects, the Secretary may forward the applications to the Advisory Budget Commission for its review of the recommenda- tions. (1979, c. 1046, s.1;1983, c. 717, s. 70;1985 (Reg. Sess.,1986),. c. 955, s. 93; 1987, c. 827, s. 154.) Editor's Note. —Section I dSession (Reg. Sats., 1966) amendment, effective 1Lws 1985 (Reg. Sess,.1966). c. 955 pro- duly 1. 1966, rewrote this section. vide-: "This act may be cited as the Sep- The 1987 amendment. effective Au• aration of Powers Act of 19W gust 13.1987. substituted -Department' Session Laws 1985 Oteg. Sees, 2936). for -Department of Natural Resources c. 955. s. IV. is a saves bi7ity clause. and Community Development' Effect of Amendments. — The 1995 ' -3- NR&CD - ENVIRONMENTAL MANAGEMENT T15: 02G 0100 1 . SUBCHAPTER 2G - WATER RESOURCES PROGRAMS SECTION .0100 - STATE PARTICIPATION IN WATER RESOURCES PROJECTS .0101 PREAMBLE History Note: Statutory Authority G.S. 143-215.70 through 143-215.73; 143-355; Eff. February 1, 1976; Amended Eff. April 1, 1983; Repealed Eff. October 1, 1984. .0102 PROJECT ELIGIBILITY The following types of water resource development projects are eligible for state cost -sharing by the Department of Natural Resources and Community Development (department): (1) general navigation improvement; (2) recreational navigation improvement; (3) water management (flood control and drainage); (4) stream restoration (clearing and snagging and limited channel excavation); (5) beach protection; (6) land acquisition and facility development for water -based recreation sites; and (7) aquatic weed control projects. Projects planned and constructed by a federal agency with a local cost -share and projects without federal assistance are both eligible for state financial assistance. Small watershed projects of the U.S. Soil Conservation Service reviewed by the North Carolina Soil and Water Conservation Commission are not eligible for cost -sharing under this Section. Questions about eligibility should be directed to the Division of Water Resources, Department of Natural Resources and. Community Development, P. O. Box 27687, Raleigh, N.C. 27611, (919) 733-4064. History Note: Statutory Authority G.S. 143-215.70 through 143-215.73, 143-355; Eff. February 1, 1976; Amended Eff. July 1, 1988; October 1, 1984; December 1, 1983; April 1, 1983; November 1, 1978. I -4- NRCD - Ebr.IRONMENTAL MANAGEMENT T15: ;2G .0100 Page Two .0103 PROJECT COST -SHARING AMOUNTS The department may provide state funds in amounts not to exceed the percentages stated in G.S. 143-215.71 of either the non-federal costs (in the case of a federal agency project) or the total costs (in the case of a project not receiving federal funds). In the case of a local government water resources project where the department thinks a preliminary feasibility study or engineering study is necessary to more accurately determine project costs and/or benefits and/or scale of development, the department may provide up to 50 percent state funding of such studies. The sponsoring local government would provide the remainder of the funds necessary. In the case where projects provide broad regional benefits, or where assignment of non-federal responsibilities to local government is not appropriate in the opinion of the department, the department may assume sponsorship on behalf of the state and may pay up to 100 percent of the total (or the non-federal share of the cost) of planning, construction, or operation of said water project. History Note: Statutory Authority G.S. 143-215.71; 143-355; Eff. February 1, 1976; Amended Eff. October 1, 1984; December 1, 1983; April 1, 1983; November 1, 1978. .0104 GRANT APPLICATIONS BY LOCAL GOVERNMENT To request state cost -sharing for an eligible water resources development project, a local political subdivision or unit of government shall send to the Division of Water Resources an official resolution describing the nature of the proposed project and the benefits to be received from it and requesting a specific cost -sharing amount (based on the percentages given in G.S. 143- 215.71). In addition, the resolution must state that the local unit of government will perform the following where appropriate to the nature of the project: (1) Assume full obligation for payment of the balance of project costs. (2) Obtain all necessary state and federal permits. (3) Comply with all applicable laws governing the award of contracts and the expenditure of public funds by local governments. (4) Supervise construction of the project to assure compliance with permit conditions and to assure safe and proper construction according to approved plans and specifications. 1 -S- NR&CD - ENVIRONMENTAL MANAGEMENT T15: 02G .0100 Page Three (.0104 continued) (5) Obtain suitable spoil disposal areas and all other easements or rights -of -way that may be necessary for the construction and operation of the project without cost or obligation to the state. (6) Assure that the project is open for use by the public on an equal basis with no restrictions.' (7) Hold the state harmless from any damages that may result from the construction, operation and maintenance of the (8) project. Accept responsibility for the operation and maintenance of the completed project. History Note: Statutory Authority G.S. 143-215.72; 143-355; Eff. February 1, 1976; Amended Eff. October 1, 1984; April 1, 1983. .0105 GRANT APPLICATION REVIEW AND APPROVAL The secretary of the department shall receive and review grant applications for water resources development projects. If the proposed project described in the application is not subject to environmental review under federal law, the department shall follow environmental review procedures established under the State Environmental Policy Act. After review of grant applications, the secretary shall forward those approved or approved in part to the Advisory Budget Commission, which shall review the recommendations for the transfer of funds from the department's reserve fund into accounts for specific projects. After review by the Advisory Budget Commission, project funds shall be disbursed and monitored by the Department of Natural Resources and Community Development (as described in Regulation .0106 of this Section). History Note: Statutory Authority G.S. 113A-1 et seq.; 143-215.72; 143-215.73; 143-355; Eff. February 1, 1976; Amended Eff. July 1, 1988; October 1, 1984; April 1, 1983; November 1, 1978. I I IM NR&CD - ENVIRONMENTAL MANAGEMENT T15: 02G .0100 Page Four .0106 GRANT PAYMENTS When state cost -sharing for the water resource development project has been approved by the department and reviewed by the Advisory Budget Commission, the department shall pay its portion of the non-federal costs of a federal project when requested by the sponsoring federal agency and shall pay its portion of the costs of a non-federal project when the project has been completed, unless the local political subdivision or unit of government requests a partial payment in writing. A portion of the funds, normally 10 percent, will not be paid until the project has been inspected and is complete. History Note: Statutory Authority G.S. 143-215.73; 143-355; Eff. February 1, 1976; Amended Eff. July 1, 1988; October 1, 1984; April 1, 1983. .0107 SPECIAL BEACH EROSION CONTROL REQUIREMENTS The following requirements are applicable to any beach erosion control or hurricane protection project in which the state participates by action of the department: (1) Before the start of project construction, the sponsoring local government(s) will establish land -use controls to conserve protective dunes and to insure that the damage potential is not significantly increased by further development. Such land use controls must meet or exceed all requirements of the state guidelines for Areas of Environmental Concern (15 NCAC 7H) and be consistent with the approved local land use plan prepared under the provisions of the state guidelines for Land Use Planning (15 NCAC 7B). (2) The sponsoring local government must provide adequate public access to the project area. All such accessways must be designed to adequately protect the beach and dune system. (3) No beach erosion control project shall significantly interfere with or create a hazard to public enjoyment of the beach. (4) Any building line established as a part of a beach erosion control project shall not be seaward of the oceanfront setback line as established in 15 NCAC 7H .0306(a) GENERAL USE STANDARDS FOR OCEAN HAZARD AREAS. History Note: Statutory Authority G.S. 143-355; Eff. February 1, 1976; Amended Eff. April 1, 1983. %;R&CD - ENVIRONMENTAL MANAGEMENT T15: 02G .0100 Page Five .0108 APPLICATION FOR STATE FUNDING .0109 PAYMENT OF LOCAL SHARE .0110 STATE PARTICIPATION IN BEACH EROSION CONTROL PROJECTS .0111 NON -QUALIFIED PROJECTS .0112 SPECIAL PROJECT REQUIRE 0NTS History Note: Statutory Authority G.S. 143-354; 143-355; Eff. February 1, 1976 Amended Eff. November 1, 1978 Repealed Eff. April 1, 1983. NORTH CAROLINA AQUATIC WEED CONTROL PROGRAM Two cost -sharing programs are available to local governments for control of harmful aquatic weeds. One involves Federal funds, while the other does not: 1) State -US Army Corps of Engineers funding divides project costs as follows: Federal-50%, State-25%, Local government-258 2) State -Local Water Resources Development Grant funding divides project costs as follows: State - 50%, Local government - 50% The US Army Corps of Engineers funding has been available for several years through an agreement with the Wilmington District. The current memorandum of agreement with the Corps allows control activities only on hydrilla, alligator -weed, and Eurasian watermilfoil. The Corps program requires that weeds included in the program must be a regional problem and preferably exotic (non-native) plants. Also, to be eligible for Corps funds, it must be clear that the completion of the project will provide broad public benefits. State financial assistance to local governments for aquatic weed control, separate from the Corps program, is available through the Water Resources Development Grant Program authorized by the State legislature in 1987. This program was developed to provide a means of assisting local governments whose aquatic weed problems do not qualify for Federal funding. Approval of applications for this type of funding is competitive, based on project benefits and is limited by the amount of State funds available. The Division of Water Resources is equipped and staffed to handle most aquatic weed problems. However, projects requiring extraordinary measures, such as aerial application, or those which can be done more effectively.by private applicators, will be done by contract. In either case, total project expenses are shared among cooperators according to the appropriate formula. Each year in early summer, the Division of Water Resources invites local units of government to apply for inclusion in the North Carolina Aquatic Weed Control Program. Government entities seeking assistance should contact program representatives at the following address before September 30 each year. Aquatic Weed Control Program Division of Water Resources Department of Natural Resources & Community Development PO Box 27687 Raleigh NC 27611 (919) 733-4064 The initial communication should include a description of the weed problem in as much detail as possible. Following a site visit by the Division of Water Resources to determine eligibility for the program, the local government will be provided a sample copy of a resolution that will serve as the official application for assistance after it is approved by the local board or council. Notification of inclusion in the program will be in early spring. IAPPENDIX II IFR=NT QUESTIONS AHOUP CONSTRUCTED nTIANES FOR WASTEWATER TREATMENT What is a constructed wetlands? "A constructed wetlands is a man-made, engineered, marsh -like area which uses the physical, chemical, and biological processes in nature to treat wastewater instead of canplicated mechanical systems. In the wetlands, organisms and plants use the organics and nutrients that are in the wastewater for food. The pollutants are transformed into basic elements, plant bianass and canpost." What are the applications?. "Constructed wetlands can effectively treat danestic sewage and potentially certain high -strength organic industrial waste (e.g., textile, distillery, food - processing) and agricultural runoff. Mining wastes also can be treated as shown by TVA's success with acid -mine drainage. Wetlands can be designed for whole canmunities, subdivisions, private developments, and even for individual homes suffering fran failing on -site septic systems." What types can be used? "'There are two basic types of constructed wetlands: surface flow and subsurface flow systems. Surface flow systems typically have a soil substrate and shallow water depths. Subsurface flow systems typically use gravel substrates and water levels are maintained beneath the gravel surface. Each type can have several ' configurations including a single cell, a serpentine cell, or multiple cells in series, parallel, or combinations. TVA is demonstrating both basic types and several configurations." What is the capital cost? "Tow capital cost is a very attractive advantage. Although cost is highly site -specific, a typical project should cost less than $3.00 per gallon per day (1987 dollars)." How much land is required? "For surface flow systems about 5 acres is needed to treat each 100,000 gallons per day. Less land is needed for the subsurface flaw systems --about 2 acres per 100,000 gallons per day. Only 1 acre per 100,000 gallons per day may be needed for a polishing system." What are the advantages and disadvantages of a constructed wetlands system canpared to a conventional system? Advantages Disadvantages jReduces capital costs Larger land requirements Low O/M costs Lack of optimum design factors Saves energy Unfamiliarity by consulting engineers Simple to cperate and regulators Meets permit limitations Potential vectors (e.g., mosquitoes) Reliable treatment Flexible to load variations Eliminates sludge handling Attracts desired wildlife Aesthetically pleasing APPENDIX III EXAMPLE ORDINANCE TAKEN FROM THE WIT1'1M1GDON, NORTH a%MLINA ZONING ORDINANCE ARTICLE XII. HISTORIC DISTRICT COMMISSION ' Sec. 19-130. Historic District Commission. A Historic District Commission, in accordance with North Carolina General Statutes section 160A-396, is hereby created with the passage of this chapter. (1) Appointment and tenure of members. The Historic District Commission shall be composed of nine (9) members appointed by the city council. Their term of office shall be four (4) years. Members shall be appointed for terms of four (4) years as vacancies occur. An ' appointment to fill an unexpired term shall be only for the remaining portion of that term. Membership to the Historic District Commission will be limited to two (2) consecutive terms. Members shall continue to serve until their successors are appointed. (2) Composition. At least five (5) members shall be residents of an area zoned Historic District, at least three (3) members shall be residents or proprietors of businesses located within an area zoned Historic District -Overlay, and at least one (1) member shall be at large. A majority of the members shall be qualified by special interest in the fields of history, architecture or related areas. All members of the Historic District Commission shall be residents of the City of Wilmington. ' (3) Attendance at meetings. Should a member fail to attend three (3) consecutive regular meetings of the commission, and should there be no adequate excuse for such absences, the chairman, with .the concurrence of a majority of. the entire commission; shall.recommend to the appropriate authority that a vacancy be declared and that the vacant position•be filled. Absence due to illness, death or other emergency situations shall not affect the member's status excepting that of an extreme duration resulting in prolonged absence, whereby the member shall be replaced. (4) Rules of procedure. The Historic District Commission shall adopt rules of procedure subject to approval by the city council for the conduct of its business. An annual report shall be prepared by the secretary, and submitted by the second Tuesday in January to the commission in time for the annual meeting. The commission shall keep a record of its members' attendance, and of its resolutions, findings, and recommendations, and such record shall be a public record. (S) Design guidelines. A manual shall be prepared and adopted by the commission to be used in the review for a certificate of appropriateness with principles and guidelines to be outlined and defined for alterations, additions, restorations, reconstruction, new construction, moving and demolition. All decisions of the ' commission concerning a certificate of appropriateness shall be based upon it. (Ord. of 3-27-e4, Sec. 32-130; Ord. of 8-23-6e, Sec. 1; Ord. of 1-24-89, Sec. 12) -114- Sec. 19-131. Authority and powers of the Historic District Commission. The Historic District Commission shall undertake such actions reasonably necessary to the discharge and conduct of its duties and responsibilities as outlined in this chapter and Part 3A, Article 19 of Chapter 160A of the General Statutes of the State of North Carolina, including the following: (1) Certificate of appropriateness required. From and after the designation of the Historic District and a Historic District -Overlay, no exterior portion of any building or other structure, landscape natural features, aboveground utility structure or any type of on -premise sign shall be erected, altered, restored, moved or demolished within such district until and after an application for a certificate of appropriateness has been submitted to and approved by the Historic District Commission. The demolition of a structure within the Historic District, a Historic District -Overlay and the Historic Area shall require a certificate of appropriateness for demolition. A certification of appropriateness under the provisions of this section shall be required whether or not a building permit is required, but, in all instances where such a permit is required, the certificate of appropriateness shall be issued prior to the issuance of a building permit. (2) Commission's review of applications for certificates of appropriateness. The commission shall have authority to consider and grant or deny applications for certificates of appropriateness in accordance with sections 19-132 and 19-133 herein. As a basis for its review, the commission shall require an applicant to provide plot plans, drawings, an outline of specifications, material textures, color samples, photographs or other documentation deemed reasonably necessary for sufficient review of an application for a certificate of appropriateness. As a part of the review process, the commission may view the premises and seek the advice of the department of cultural resources or such expert advice as it may deem necessary under the circumstances. (3) Meetings open to the public. All meetings of the Historic District Commission shall be open to the public in accordance with the North Carolina Open Meeting Law, General Statute 143, Article 339. (4) Authority to act as advisory. The commission shall have the authority to act as or to establish an advisory group for property owners concerning the historic and aesthetic characteristics of their properties in the Historic District and a Historic District -Overlay. The commission may initiate and undertake any programs of information, research or other activity relating to any matters under its jurisdiction. The commission may request services from the State of North Carolina and agencies or departments of the United States government. With the concurrence of the council, state and/or federal funds may also be requested by the commission. The commission, with permission from the city manager, may request technical assistance and advice from any department of the City of Wilmington. The commission shall have authority to recommend to the -115- city council and the State of North Carolina structures or sites of historic significance worthy of national, state or local recognitiol.. The commission shall cooperate with, consult with and advise the city manager, the city council, other local government bodies and appropriate state agencies in matters related to a total community historical program for the City of Wilmington and its environs. (Ord. of 3-27-84, Sec. 32-131) iSec. 19-132. Application requirements and procedures for certificate of appropriateness. Applications for the certificate of appropriateness shall be subject to pre -application review if the total project cost exceeds eighteen thousand dollars ($18,000.00). Pre -application review requirements must be fulfilled ' and approval granted by the Historic District Commission prior to application for a certificate of appropriateness. Projects less than eighteen thousand dollars ($18,000.00) shall not be required to submit to the pre -application review, but must satisfy the requirements of the application for certificate of appropriateness before consideration will be given by the Historic District Commission. (1) Pre -application review. .The purpose of this review shall be to acquaint the property owner, developer or agent with standards of appropriateness and design required for the proposed project and to ' establish a review and informal discussion with the Historic District Commission. Therefore, prior to specific preparations, such as architectural plan,.drawings and specifications,. or calling for proposals from contractors, prospective property owners, developers or agents shall prepare the following for submittal with the pre -application, as applicable: a. Site plans, including the location of all principal and accessory structures; b. Preliminary scaled drawings; C. Conceptual landscaping; - d. Photographs of surrounding area. The required pre -application review shall require formal application, and notice thereof shall be given to the planning department at least ten (10) working days before the date of the meeting at which the preliminary plans are to be discussed. Copies of all documents submitted -with the pre -application shall be provided to the planning department in a form suitable for filing. (2) Final application. Property owners, developers or agents applying for a certificate of appropriateness shall be required to submit the following as applicable: 1 a. Site plan drawn to scale showing the location of existing and proposed structures and property lines of such structures, parking, driveways, and landscaping. b. Final scaled drawings showing all exterior architectural detailing for the proposed project. 1 -116- 11 (3) C. Building materials and color samples. d. Photographs. e. Any other information specifically required to determine whether the proposed project meets the design guidelines. Required procedures for the certificate of appropriateness. a. Application to planning department. An application for a certificate of appropriateness shall be obtained from and filed with the planning department. Applications for certificates of appropriateness shall be considered by the Historic District Commission at its next regularly scheduled monthly meeting,' provided they have been filed, complete in form and content, at least ten (10) working days before the regularly scheduled monthly meeting of the commission; otherwise consideration shall be deferred until the following monthly meeting. A fee in accordance with the City's adopted fee schedule shall be submitted to the City of Wilmington with each application. b. Administrative bypass for the certificate of appropriateness; specified categories. If the proposed change is in accordance with the Wilmington Design Guidelines, a certificate of appropriateness may be granted by the secretary of the commission for the following: 1. Storm windows; 2. Storm doors; 3. Fences for rear yards; 4. Shutters -or blinds; 5. Installation of temporary handicapped facilities; 6. Paint color; 7. Signage; 8. Awnings; 9. Minor landscape changes (including tree removal, screening of mechanical equipment and installation of 1-5 trees; 10. Minor exterior alterations (including underpinning); 11. Rear yard decks; 12. Brick paths, walkways, and driveways; and 13. Extensions of certificates of appropriateness. c. Notification of affected property owners. All property owners immediately adjacent to any and all points of property in question shall be notified. This notice, as provided by the planning department, shall contain adequate information to notify adjacent property owners of the specific request of the applicant for a certificate of appropriateness, as well as the time, date and place of the meeting of the Historic District Commission. The notice required by this subsection shall be mailed to all affected adjacent property owners at least ten (10) calendar days prior to the public meeting. The applicant for a certificate of appropriateness shall be responsible for providing the necessary unsealed, stamped, addressed envelopes ready for mailing. Such envelopes shall bear the return address of the planning department. The applicant also shall supply a list of names and addresses of such affected property owners with the application for a certificate of appropriateness. -117- (d) Action required. The Historic District Commission shall take official action upon any application for a certificate of appropriateness within thirty (30) days from the time such application is submitted. ' (a) Public hearings. If the commission deems it necessary, a public hearing may be held concerning any actions of the ' commission in the discharge of its duties. Such hearings shall be properly advertised in accordance with section 19-63.herein. .(f) Issuance of certificate of appropriateness. If the commission determines that the proposed construction, reconstruction, alteration, restoration, moving or demolition of a structure is appropriate, it shall approve and issue to the applicant a ' certificate of appropriateness. (g) Denial of certificate of appropriateness. If the commission determines that a certificate of appropriateness should not be issued, it shall place in its records the reason for the denial and shall notify the applicant of such determination, furnishing him a copy of its reasons, and its recommendations, ' if any, as they appear in the records of.the commission. (h) Report to code enforcement officer. Upon the issuance or ' denial of a certificate of appropriateness, the Historic District Commission shall transmit a letter to the code enforcement officer stating that a certificate of appropriateness has or has not been approved and issued to the property in question. (i) Submission of new application. If -the Historic District 1 Commission determines that a certificate of appropriateness should not be issued, a new application may be submitted on the proposed construction, reconstruction, alteration, restoration, or moving, only if substantive change is made in plans for the proposed construction, reconstruction, alteration, restoration or moving. ' (j) Appeals. An appeal may be taken to the City of Wilmington's board of adjustment regarding the commission's action in granting or denying any certificate of appropriateness. Such appeals: 1. May be taken by any aggrieved party; 2. Shall be filed with the planning department no more than ten (10) days from the date of the commission's action; and, 3. Shall be in the nature of certiorari. ' (k) Time limits of certificate of appropriateness. A certificate of appropriateness issued by the Historic District Commission shall become null and void if construction, reconstruction, alteration, restoration, moving or demolition is not commenced within six (6) months of the date of issuance. An extension of time for the certificate of appropriateness, not to exceed six -118- (6) months, may be granted by the secretary of the commission; provided an application for such extension is submitted in writing prior to the expiration of the original certificate of appropriateness. The secretary shall inform the commission of any extension of time for a certificate of appropriateness. No extension of a certificate of appropriateness shall be denied ' by the secretary without formal action of the commission. Notwithstanding the secretary's authority under this section, the Historic District Commission is also empowered to grant an extension of a certificate of appropriateness, for any length ' of time deemed appropriate, provided an application for such extension is submitted in writing to the commission prior to the expiration of the original certificate of appropriateness or any extension thereof. (Ord. of 3-27-84, Sec. 32-132; Ord. of 6-25-85, Secs. 1, 2; Ord. of 2-25-86, Sec. 1; Ord. of 7-22-86, Sec. 2.; Ord. of B-26-86, Sec. 1; Ord. of B-26-86, ' Sec. 1; Ord. of 1-27-87, Sec. 1; Ord. of 3-24-87, Sec. 1; Ord. of 8-25-87, Secs. 1-3; Ord. of 8-25-87, Sec. 1; Ord. of 10-27-87, Sec. 1) Sec. 19-133. Design review process for certificate of appropriateness. Applications for a certificate of appropriateness shall be subject to review based upon the design guidelines then in effect'. These guidelines are set forth in a manual prepared and adopted by the commission. The commission shall also utilize the Secretary of Interior's Standards and other resources on ' architectural history and restoration as may be required. (Ord. of 3-27-84, Sec. 32-133; Ord. of 7-22-86, Sec. 4) Sec. 19-134. Demolition. (a) An application for a certificate of appropriateness authorizing the demolition of a building or structure within the Historic District, or a Historic District -Overlay may not be denied. -The effective date of the certificate of appropriateness may be delayed for a period of up to one hundred and eighty (180) days from the date the application is approved by the Historic District Commission. The maximum period shall be reduced by the commission where it finds that the owner would suffer extreme hardship or be ' permanently deprived of all beneficial use or return from such property by virtue of delay. (b) During the period of delay, the commission may negotiate with the owner, city departments and any other parties involved in an effort to find a means of preserving the building. In the event that the commission finds that the building has no particular significance or value toward maintaining the character of the Historic District, or Historic District -Overlay, it shall waive all or part of such period and authorize earlier demolition or removal. (c) Demolition in national register area: All demolitions in the portion ' of the national register area located outside a locally designated historic district may be delayed for a period of up to ninety (90) days from the date. the application is approved by the Historic District Commission. The maximum -119- t 1 1 1 1 1 period shall be reduced by the commission where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return -from such property by virtue of delay. (Ord. of 3-27-84, Sec. 32-134) Sec. 19-135. Reserved. Editor's note - Section 1 of an ordinance adopted June 21, 1988, repealed Sec. 19-135, relative to historic district commission (HDC) procedures for special use permit application, which derived from Sec. 32-135 of an ordinance adopted March 27, 19S4. -120- Sec. 19-136. Preservation of historic features in the public rights -of -way. ' P In order to prevent destroying or seriously damaging the historic, ' architectural, or aesthetic values of the physical features lying within public rights -of -way, all public utility companies shall be required to obtain a certificate of appropriateness prior to initiating any changes to the ' character of the streetscapes, pavings and sidewalks. (Ord. of 3-27-84, Sec. 32-136) Sec. 19-137. Interior arrangement not considered. The Historic District Commission shall not consider interior arrangement, , shall take no action to restrict interior changes except for the purpose of preventing the construction, reconstruction, alteration, restoration, moving or demolition of buildings, structures, appurtenant features, or outdoor advertising signs in the Historic District and a Historic District -Overlay which would be incongruous with the historic aspects. (Ord. of 3-27-84, Sec. 32-137) Sec. 19-138. Certain changes not prohibited. _ Nothing in this article shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in the Historic District or a Historic District -Overlay which does not involve a change in design, material, color, or outer appearance thereof, nor to prevent the construction, reconstruction, alteration, restoration, moving or demolition of any such feature which the building inspector or similar official shall certify as required for public safety because of an unsafe or dangerous condition. , (Ord. of 3-27-84, Sec. 32-138) Sec. 19-139. Buildings owned by the State of North Carolina. (a) All of the provisions of this Article, except section 19-132(3)(j) , and section 19-133, shall apply to the construction, alteration, moving and demolition of buildings by the State of North Carolina, its political subdivisions, agencies and instrumentalities. (b) The state shall have a right of appeal to the North Carolina Historical Commission from any decision of the Historic District`Commission. The decision of the North Carolina Historical Commission shall be final and binding upon both the state and the Historic District Commission. (c) The secretary of the interior's standards for rehabilitation and guideline for rehabilitating historic buildings shall be the sole principles and guidelines used in reviewing applications of the state for certificates of appropriateness. ' (Ord. of 3-27-84, Sec. 32-139) r Sec. 19-140. Buildings of the University of North Carolina. No provision of this article shall be applicable to the construction, use, alteration, moving or demolition of buildings of the University of North Carolina, or any of its constituent institutions or agencies. (Ord. of 3-27-e4, Sec. 32-140) Secs. 19-141 - 19-144. Reserved. 1 1 1 1 1 K 1 1 1 1 1 1 1 1 1 -122- APPENDIX IV HYDE COUNTY Minimum- Housing Code 1 I h TABLE OF CONTENTS PAGE DIVISION 1 - GENERALLY SECTION1-101. Preamble . . . . . . . . . . . . . . . . . . . . . 1 SECTION1-102. Scope . . . . . . . . . . . . . . . . . . . . . . . 1 SECTION 1-103. Definitions . . . . . . . . . . . . . . . . . . 2 SECTION 1-104. Reports by Employees of Police Department. . . . 5 DIVISION 2 - MINIMUM STANDARDS-- FOR BASE EQUIPMENT AND FACILITIES SECTION 2-201. General . . . . . . . . . . . . . . . . . . . . . . 5 SECTION 2-202. Minimum Requirements for Light and Ventilation . . . . . . . . . . . . . . . . . . . . 6 SECTION 2-203. Minimum Requirements for Electrical Systems. . . . 7 SECTION 2-204. General Requirements for the Exterior and Interior of Structures . . . . . . . . . . . . . . 7 SECTION 2-205. Sanitation Requirements . . . . . . . . . . . . . . 8 SECTION 2-206. Application of North Carolina Uniform Residential Building Code . . . . . . . . . . . . . 9 DIVISION 3 - HOUSING INSPECTOR GENERALLY SECTION 3-301. Creation of Public Officers. . . . . . . . . . . . 9 SECTION 3-302. Powers Generally . . . . . . . . . . . . . . . . . 9 SECTION 3-303. Inspections . . . . . . . . . . . . . . . . . . . . 10 SECTION 3-304. Abatement --Hearing on Charges; Filing; Petition and Charges; Investigations; Time and Conduct of Hearing . . . . . . . . . . . . . . . . . . . . 10 SECTION 3-305. Service of Order, Contents . . . . . . . . . . . . 11 SECTION 3-306. Enforcement. . . . . . . . . . . . . . . . . . . . 11 i I TABLE OF CONTENTS (Continued) PAGE SECTION 3-307. Methods of Service . . . . . . . . . . . . . . . . 13 SECTION 3-308. Right of Appeal . . . . . . . . . . . . . . . . . . 13 SECTION 3-309. Lien on Premises; Contract for Repairs, etc. 15 SECTION 3-310. Conflict with Other Provisions . . . . . . . . . . 15 DIVISION 4 - HOUSING APPEALS BOARD SECTION 4-401. Creation of a Housing Appeals Board; Composition; Appointment and Terms of Members; 16 Filling Vacancies . . . . . . . . . . . . . . . . . SECTION 4-402. Compensation of Members . . . . . . . . . . . . . . 16 SECTION 4-403. Removal of Members . . . . . . . . . . . . . . . . 16 SECTION 4-404. Chairman and Vice Chairman; Right to Vote; Quorum . . . . . . . . . . . . . . . . . . . . . . 16 SECTION 4-405. Vote Required for Action . . . . . . . . . . . . . 16 SECTION4-406. Meetings . . . . . . . . . . . . . . . . . . . . . 16 SECTION 4-407. Rules of Procedure . . . . . . . . . . . . . . . . 16 DIVISION 5 - SEPARABILITY AND UNSAFE BUILDINGS SECTION5-501 . Separability . . . . . . . . . . . . . . . . . . . SECTION 5-502. Residential Buildings Unfit for Human Habitation . . . . . . . . . . . . . . . . . ii 17 17 11 I fl CHARTER FOR: HYDE COUNTY Minimum Housing Code Ordinance DIVISION 1 - GENERALLY SECTION 1-101: Preamble Pursuant to North Carolina General Statutes Section 160A-441, it is hereby found and declared that there exists in Hyde County dwellings which are unfit for human habitation and/or are inimical to. the welfare, and dangerous and injurious to the health, safety, and morals of the people of Hyde County due to dilapidation defects increasing the hazards of fire, accidents, or other calam- ities; lack of ventilation, light or sanitary facilities; and due to other conditions rendering such dwellings unsafe or unsanitary, or dangerous or detrimental to the health, safety, or morals, or otherwise inimical to the welfare of the residents of Hyde County. SECTION 1-102. Scope This Code is hereby declared to be remedial and shall be construed to secure the beneficial interests and purposes thereof --which are public safety, health, and general welfare-- through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use, and occupancy of dwellings, apartment houses, rooming houses, or buildings, structures, or premises used as such. The provisions of this Code shall apply to all existing hous- ing and to all housing hereafter constructed within Hyde County. Portable, mobile, or demountable buildings or structures, includ- ing trailers, when used or intended for use for housing within the County shall be subject to the applicable provisions of this Code. This article establishes minimum requirements for the initial and continued occupancy of all buildings used for human habitation and does not replace or modify requirements otherwise established for the construction, repair, alteration, or use of buildings, equip- ment, or facilities, except as provided in this Code. It is understood that this Code will apply unilaterally and without consideration to sex, age, race, color, creed, or national origin. However, this Code will be utilized in such a manner as to minimize displacement of individuals. The Hearing Officer may make allowances when enforcing required repair/demolition provi- sions outlined hereinunder for income status, family hardship, availability of standard replacement housing, and other factors that might limit an affordable relocation to decent, safe and san- itary housing following the adoption of a demolition ordinance. SECTION 1-103. Definitions The following definitions shall apply in the interpretation and enforcement of this article: (1) ALTER OR ALTERATION means any change or modification in construction or occupancy. (2) APPROVED shall mean approved by the Housing Inspector. (3) BASEMENT shall mean a portion of a building which is located 'Partly underground, having direct access to light and air from windows located above the level of the adjoining ground. (4) BUILDING shall mean any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. The term "building" shall be con- strued as if followed by the words "or part thereof." (5) CELLAR shall mean a portion of a building located partly or wholly underground having an inadequate access to light and air from windows located partly or wholly below the level of the adjoining ground. (6) DETERIORATED shall mean that a dwelling is unfit for human habitation and can, be repaired, altered, or improved to comply with all the minimum standards estab- lished by this ordinance at a reasonable cost in rela- tion to its value, as determined by findings of the Inspector. (7) DILAPIDATED shall mean that a dwelling is unfit for human a station and cannot be repaired, altered, or improved to comply with all the minimum standards estab- lished by this ordinance at a reasonable cost in rela- tion to its value, as determined by findings of the Inspector. (8) DWELLING shall mean any building which is wholly or partly used or intended to be used for living or sleep- ing by human occupants whether or not such building is occupied or vacant, provided that temporary housing, as hereinafter defined, shall not be regarded as a dwell- ing. (9) DWELLING UNITS shall mean any room or group of rooms located wit in a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating, whether or not such unit is occupied or vacant. (10) EXTERMINATION shall mean the control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, or trapping; or by other recog- nized and legal past elimination methods approved by the ' Inspector. (11) FAMILY means one or more persons living together, who are related by blood, marriage, or adoption, and having common housekeeping facilities. (12) FLOOR AREA shall mean the total area of all habitable rooms in a building or structure. (13) GARBAGE shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food. (14) HABITABLE ROOM shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cook- ing, or eating purposes, excluding bathrooms, water closet compartments, laundries, heater rooms, foyers or 1 communicating corridors, closets, and storage spaces. (15) HEARING OFFICER shall mean a public officer designated y the County, as defined in N.C.G.S. 160A-442, who is charged with conducting hearings, including administering oaths and affirmations, examining witnesses, receiving evidence, making findings of fact, - ' and issuing orders, as provided in the requirements of this ordinance. (16) HOUSING INSPECTOR shall mean public officer designated y the County, as defined in N.C.G.S. 160A-442, with a minimum of three years of housing inspection experience, who is charged with the administration and enforcement of this ordinance. (17) INFESTATION shall mean the presence, within or around a dwelling, of any insects, rodents, or other pests in such numbers as to constitute a menace to the health, safety, or welfare of the occupants or to the public. (18) MULTIPLE DWELLING shall mean any building, or portion thereof, w is is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of more than two (2) families, living independently of each other and doing their own cooking in the said building, and shall include flats and apart- ments. (19) OCCUPANT shall mean any person over one year of age, living, � sleeping, cooking, or eating in, or having actual possession of a dwelling unit or rooming unit. � 3 (20) OPENABLE AREA shall mean that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors. (21) OPERATOR shall mean any person who has charge, care, or contro of a building, or part thereof, in which dwell- ing units or rooming units are let. (22) OWNER shall mean the holder of the title in fee simple and every mortgagee of record. (23) PARTIES IN INTEREST shall mean all individuals, associa- tions, and corporations who have interests of record in a dwelling or any who are in possession thereof; or Shall have charge, care, or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. (24) PERSON shall mean and include any individual, firm, corporation, association, or partnership. (25) PLUMBING shall mean the practice, materials, and fix- tures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities; the venting system; and public or private water supply sys- tem within or adjacent to any building, structure, or conveyance; also, the practice and materials used in the installation, maintenance, extension, or alteration of stormwater, liquid waste or sewerage, and water supply systems of any premises to their connection with any point of public disposal. (26) PREMISES shall mean a lot, plot, or parcel of land, in�g the building or structure thereon. (27) PUBLIC AREAS, as used in this Code, means an unoccupied open space adjoining a building and on the same property that is permanently maintained accessible to the Fire Department and free of all incumbrances that might interfere with its use by the Fire Department. (28) REQUIRED means required by some provision of this Code. 4 (38) UNFIT FOR HUMAN HABITATION is defined by Section 4-402, herein. (39) VENTILATION means the process of supply and removing air y natura or mechanical means to or from any space. (40) YARD means an open, unoccupied space on the same lot ww tT a building extending along the entire length of a street, or rear or interior lot line. (41) MEANING OF CERTAIN WORDS - When the words "dwelling," "dwelling unit, rooming house," "rooming unit," or "premises" are used in this article, they shall be ' construed as though they were followed by the words "or any part thereof." SECTION 1-104. Reports by Employees of Police Department The employees of the Police Department of the County shall make a report, in writing to the Housing Inspector, of each ' dwelling which they know or suspect may be unfit for human .habitation or dangerous within the scope of this article. Any such report shall be delivered to the Housing Inspector within ' forty-eight (48) hours of the discovery of such dwelling by such employee of the Police Department of the County. DIVISION 2 - HININUM STANDARDS --FOR BASE EQUIPMENT AND FACILITIES SECTION 2-201. General ' No person shall occupy, as owner -occupied or let or sublet to another for occupancy, any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking, or eating therein, nor shall any vacant dwelling be permitted to - exist which does not comply with the following requirements: (1) Sanitary Facilities Required. Every dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, and a water closet, all in good working condi- tion and properly connected to an approved water and sewer system. Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks, and obstructions. (2) Location of Sanitary Facilities. All required sanitary facilities shall e located wit in the dwelling unit and be accessible to the occupants of same. The water closet, tub or shower, and lavatory in at least one bathroom shall be located in a room affording privacy to ' the user. 11 (3) Hot and Cold Water Su2g1Z. Every dwelling unit shall have connected to the kitchen sink, lavatory, and tub or shower an adequate supply of both cold water and hot water. (4) Heating Facilities a. Every dwelling unit shall have heating facilities which are properly installed, are maintained in safe and good working condition, and are capable of safe- ly and adequately heating all habitable rooms, bath- rooms, and water closet compartments in every dwell- ing unit therein. b. Where a gas or electric central heating system is not provided, such dwelling unit shall be provided with sufficient fireplaces, chimneys, flues, or gas vents, whereby heating appliances may be connected. (5) Cooking and Heating E ui ment. All cooking and heating equipment and facilities shall be installed in accor- dance with the appropriate building, gas, or electrical code. SECTION 2-202. Minimum Requirements for Light and Ventilation No person shall occupy, as owner -occupant or let or sublet to another for occupancy, any dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking, and eating therein, nor shall any vacant dwelling be permitted to exist which does not comply with the following requirements: (1) Every habitable room shall have at least one window or skylight facing directly to the outdoors. (2) Habitable Rooms. Every habitable room shall have at least one win ow or skylight which can safely be opened, or such other device as will adequately ventilate the room. (3) Bathroom. Every bathroom shall comply with the light , and ilation requirements for habitable rooms, except that no window or skylight shall be required in ade- quately ventilated bathrooms equipped with an approved ventilation system. (4) Electrical Lights and Outlets Re uired. Every dwelling s al e a equate y and safely wired tor electrical lights and convenience receptacles. Every habitable room and hallway shall have provisions for adequate ' lighting and other necessary electrical service. SECTION 2-203. Minimum Requirements for Electrical Systems No person shall occupy, as owner -occupant or let or sublet to another for occupancy, any dwelling or dwelling unit designed or ' intended to be used for the purpose of living, sleeping, cooking, or eating therein, nor shall any vacant dwelling be permitted to exist which does not comply with the following requirements: (1) All fixtures, receptacles, equipment, and wiring shall be maintained in a state of good repair, safe, capable ' of being used, and installed and connected to the source of electric power in accordance with the adopted electrical code of Hyde County. ' (2) The minimum capacity of the service supply and, the main disconnect switch shall be sufficient to adequately carry the total load required in accordance with the adopted electrical code of Hyde County. SECTION 2-204. General Requirements for the Exterior and Interior of Structures No person shall occupy, as owner -occupant or let or sublet to another for occupancy, any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking, or eating therein, nor shall any vacant dwelling building be per- mitted to exist which does not comply with the following require-. ments: (1) Foundation. The building foundation walls, piers, or other elements shall be maintained in a safe manner and capable of supporting the load which normal use may cause to be placed thereon. (2) Exterior Walls. The exterior walls shall be substan- tially weat ertight, watertight, and shall be made impervious to the adverse effects of weather and be maintained in sound condition and good repair. (3) Roofs. Roofs shall be maintained in a safe manner and ave no defects which might admit rain or cause dampness in the walls or interior portion of the building. (4) Means of Egress. Every dwelling unit shall have two sa e, unobstructed means of egress. (5) Stairs. Every inside and outside stair shall be safe to ' use and capable of supporting the load that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair. 1 (6) Porches and A urtenances. Every outside porch and any ' appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair. , (7) Windows and Doors. Every window, exterior door, and basement or ce ar door and hatchway shall be substan- ' tially weathertight, and watertight; and shall be kept in sound working condition and good repair. , (8) Interior Floors, Walls, and Partitions. Every floor, shall e kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. , (9) Ceilings. Every interior ceiling shall be kept in sound condition and good repair. (10) Structural Supports. Every structural element of the dwelling shall e structurally sound and show no evi- dence of deterioration which would render it incapable of carrying loads which normal use may cause to be placed thereon. (11) Protective Railings. Protective railings shall be required on any unenclosed structure over 30" above adjacent finish grade or on any steps containing four (4) risers or more. Interior stairs and stairwells more than four (4) risers high shall have handrails located in accordance with requirements of the building code. Handrails or protective railings shall be capable of bearing normally -imposed loads and be maintained in good condition. SECTION 2-205. Sanitation Requirements No person shall occupy, as owner -occupant or let or sublet to another for occupancy, any dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking, and eating therein, nor shall any vacant dwelling be permitted to exist which does not comply with the following requirements: (1) Cleanliness. Every occupant keep in a clean and sanitary dwelling, dwelling unit, and occupies or controls or which particular use. of a dwelling unit shall condition that part of the premises thereof which he is provided for his I I 1 N (2) Garba a Dis osal. Every occupant of a dwelling or dwelling unit Wall dispose of all his garbage and any other organic waste which might provide food for rodents and all rubbish in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage or rubbish storage containers. (3) Extermination. Every occupant of a single dwelling and every owner of a building containing two or more dwell- ing units shall be responsible for the extermination of any insects, rodents, or other pests within the building or premises. SECTION 2-206. Application of North Carolina Uniform Residential Building Code The North Carolina Uniform Residential Building Code, 1968 Edition and amendments, shall govern all repairs, alterations, and/or additions to any existing structure where not specified herein. DIVISION 3 - HOUSING INSPECTOR GENERALLY SECTION 3-301. Creation of Public Officers The offices of the Housing Inspector and Hearing Officer are hereby created. The County Board of Commissioners will appoint ' these two public officers on an annual basis. Until otherwise provided by the Board of Commissioners, the Minimum Housing Hearing Officer and/or the Minimum Housing Inspectors) shall be the officer(s) to enforce the provisions of the article and to exercise the duties and powers herein prescribed. The Housing Inspector shall have a minimum of three years of housing inspection experience. SECTION 3-302. Powers Generally The Housing Inspector and/or Hearing Officer shall have such powers as may be necessary or convenient to carry out and effectu- ate the purposes and provisions of this Code, including, without limiting the generality of the foregoing in addition to others ' herein granted, the following powers: (1) Investigations. To investigate dwelling and building ' conditions in the County in order to determine which dwellings therein are unfit for human habitation and dangerous, being guided in such examination of dwellings and buildings by the requirements set forth in this Code. (2) Oaths, Witnesses, etc. To administer oaths, affirma- tions, and to examine witnesses and receive evidence. 9 � (3) Rightto�of Entr . To enter upon and within premises and dwellings for the purpose of making examinations and investigations, provided that such entries shall be made in such a manner as to cause the least possible inconvenience to the persons in possession. (4) Delegation of Functions, etc. To delegate any of his unctions and powers under this article to such officers and agents as he may designate. SECTION 3-303. Inspections The Housing Inspector is hereby authorized and directed to make inspections in compliance with the minimum housing code approved by the Board of Commissioners to determine the condition of dwellings, dwelling units, rooming units, and premises located within the County in order that he may perform his -duty of safe- guarding the health and safety of the occupant of dwellings and of the general public. For the purpose of making such inspections, the Housing Inspector is hereby authorized to enter, examine, and survey at all reasonable times, all dwellings, dwelling units, rooming units, and premises. The owner or occupant of every dwelling, dwelling unit, or rooming unit, or the person in charge thereof, shall give the inspector free access to such dwelling, dwelling unit, or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination, and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit, or its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this Code or with any lawful order issued pursuant to the provisions of,this Code. SECTION 3-304. Abatement -- Hearing on Charges; Filing; Petition and Charges; Investigations; Time and Conduct of Hearing Whenever a petition is filed with the Housing Inspector or Hearing Officer by at least five (5) residents of the municipality charging that any dwelling is unfit for human habitation or when- ever it appears to the Housing Inspector (on his own motion) that any dwelling is unfit for human habitation, the inspector, if his preliminary investigation discloses a basis for such charges, shall issue and cause to be served upon the owner of the parties in interest in such dwelling, including lien holders and tenants, if any, as shown by the records of the register of deeds of Hyde County, a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Hearing Officer (or his designated agent) at a place within the county in which the property is located therein fixed not less than ten (10) days nor more than thirty (30) days after the serving of such complaint; that the owner and parties in interest shall be given a 10 right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Hearing Officer. SECTION 3-305. Service of Order, Contents If, after such notice and hearing, the Hearing Officer deter- mines that the dwelling under consideration is unfit for human habitation in accordance with the standards herein set forth, he shall state in writing his finding of facts in support of such determination, stating whether said dwelling is deteriorated or dilapidated, and shall issue and cause to be served upon the owner thereof an order: (1) If the repair, alteration, or improvement of said dwell- ing, bringing it up to the standards described herein, can be made at a reasonable cost in relation to the present value of the building, the order shall require the owner, within a specified period of time, to repair, alter, or improve such dwelling so as to render it fit for human habitation. Such order may also direct and require the owner to vacate and close the dwelling until the repairs, alterations, and improvements have been made and/or the unsafe and dangerous character of such dwelling has been corrected. ( 2 ) If the repair, alteration, or improvement of said dwell- ing bringing it up to the standards described herein cannot be made at a reasonable cost in relation to the present value of the dwelling, the order shall require the owner, within a specified period of time, to either repair, alter, or improve such dwelling so as to bring it into compliance with the standards described herein, or to demolish and remove such dwelling. SECTION 3-306. Enforcement (1) If the owner fails to comply with an order to repair, alter, or improve the dwelling, the Hearing Officer may: (a) Cause such dwelling to be repaired, altered, or improved, and pending such repairs, alterations, or improvements, may order such dwelling vacated and closed; and (b) Cause to be posted on the main entrance of any dwelling so closed, a placard with the following words: "This building is unfit for human habita- tion; the use or occupation of this building for human habitation is prohibited and unlawful." 11 (2) If the owner fails to comply with an order to remove or I demolish the dwelling, the Hearing Officer may: (a) Cause such dwelling to be vacated and closed, removed or demolished, and (b) Cause to be posted on the main entrance of any building so closed a placard with the following words: "This building is unfit for human habita- tion; the use or occupation of this building for human habitation is prohibited and unlawful." (3) The duties of the Hearing Officer set forth in para- graphs (1) and (2), above, shall not be exercised until the Board of Commissioners shall have, by ordinance, ordered the Hearing Officer to proceed to effectuate the purpose of this Code with respect to the particular property or properties which the Hearing Officer shall have found to be unfit for human habitation and which property or properties shall be described in the ordi- nance. No such ordinance shall be adopted to require demolition of a dwelling until the owner has first been given a reasonable opportunity to bring it into conform- ity with the housing code. Such ordinances shall be recorded in the office of the register of deeds of Nash County and shall be indexed in the name of the property owner in the grantor index. (4) The amount of the cost of such repairs, alterations, or improvements; vacating and closing; or demolition and removal by the County shall be a lien against the real property upon which such cost was incurred; which lien shall be filed, have the same priority, and be collected as provided by Article 10 of Chapter 160A of the North Carolina General Statues. If the dwelling is demolished and removed by the County, the Hearing Officer shall sell the materials of such dwelling and shall credit the proceeds of such sale against the cost of the demolition and removal, and any balance remaining shall be deposited in the superior court by the Hearing Officer, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the persons found to be entitled thereto by final order of decree of such court (in a special proceeding brought before the clerk of superior court for said purpose). (5) Nothing in this section shall be construed to impair or limit in any way the power of the County to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise, nor shall enforcement of one remedy provided herein prevent the enforcement of the other remedies provided herein. 12 SECTION 3-307. Methods of Service (1) Complaints issued by an inspector or orders issued by a Hearing Officer shall be served upon persons either personally or by registered or certified mail; but if the whereabouts of such persons are unknown and the same cannot be ascertained by the inspector in the exercise of reasonable diligence and the inspector shall make an affidavit to that effect, then the serving of such com- plaint or order upon such person may be made by publish- ing the same at least once in a newspaper printed and published in the municipality and no later than the time at which personal service would be required under provi- sions of this Code. When service is made by publica- tion, a copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. (2) Failure on the part of any owner or party in interest to receive or have served upon him any complaint, notice, or order herein provided for shall not affect or inval- idate the proceedings with respect to any other owner or party in interest or any other person, firm, or corpora- tion. SECTION 3-308. Right of Appeal (1) Any owner or person who is aggrieved with the ruling or decision of the Hearing Officer in any matter relative to the interpretation or enforcement of any of the provisions of the housing code may appeal any such decision. (2) Any appeal from any decision or order of the hearing officer may be taken by any person aggrieved thereby or by any officer, board or commission of the county. Any appeal from the hearing officer shall be taken within such ten (10) days from the rendering of the decision or service of the order, and shall be taken by filing with the hearing officer and with the housing appeals board a notice of appeal on forms supplied by the inspector, which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the hearing officer shall forthwith transmit to the board all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the hearing officer refusing to allow the ' person aggrieved thereby to do any act, his decision shall remain in force until modified or reversed. When an appeal is from a decision of the hearing officer requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the board, unless the hearing offi- cer certifies to the board, after the notice of appeal 13 is filed with him, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of his requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except by a restrain- ing order, which may be granted for due cause shown upon not less than one day's written notice to the hearing officer, by the board, or by a court of record upon petition made pursuant to subsection (5) of this section. (3) The housing appeals board shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the parties, and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make such decision and order as in its opinion ought to be made in the matter, and to that end it shall have all the powers of the hearing officer, but the concurring vote of four ( 4 ) members of the board shall be necessary to reverse or modify any decision or order of the hearing officer. The board shall have the power also in passing upon appeals, in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the article, to adapt the application of the article to the necessities of the case to the end that the spirit of the article shall be observed, public safety and welfare secured, and substantial justice done. (4) Every decision of the board shall be subject to review by proceedings in the nature of certiorari instituted within fifteen (15) days of the decision of the board but not otherwise. (5) Any person aggrieved by an order issued by the hearing officer or a decision rendered by the board may petition the superior court for an injunction restraining the inspector from carrying out the order or decision and the court may, upon such petition, issue a temporary injunction restraining the hearing officer pending a final disposition of the order; provided, however, that such petition shall be filed within thirty (30) days after issuance of the order or rendering of the deci- sion. Hearings shall be held by the court on any such petition within twenty (20) days, and shall be given preference over other matters on the court's calendar. The court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require; provided, however, that it shall not be necessary to file bond in any amount before obtaining a tempoary injunction under this subsection. 14 1 1 (6) In case any dwelling is erected, constructed, altered, repaired, converted, maintained or used in violation of this article or any valid order or decision of the hearing officer or board made pursuant to this article, the inspector or board may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration or use, to restrain, correct or abate such violation, to prevent the occupancy of the dwelling, or to prevent any illegal act, conduct or use in or about the premises of the dwelling. SECTION 3-309. Lien on Premises; Contract for Repairs, etc. The amount of the cost of such repairs, alterations, or improvements; vacating and closing; or removal or demolition by the County shall be a lien against the real property upon which such cost was incurred. If the dwelling is removed or demolished by the County, the Hearing Officer shall sell the materials of such dwelling and shall credit the proceeds of such sale against the cost of the removal or demolition, and any balance remaining shall be deposited in the superior court by the Hearing Officer, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the persons found to be entitled thereto by final order of decree of such court. Repairs, alterations, improvements, or demolitions may be made under the supervision of the Housing Inspector or he may let the same to contract on competitive bids, or by private contract if no bids are received. vacating and closing buildings shall be done under the supervision of the Housing Inspector. SECTION 3-310. Conflict with Other Provisions In any case where a provision of this Code is found to be'in conflict with a provision of any zoning, building, fire, safety, or health provisions of this Code or ordinances or codes of the County, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. 15 DIVISION 4. HOUSING APPEALS BOARD SECTION 4-401. Creation of Housing Appeals Board; Composition; Appointment and Terms of Members; Filling Vacancies There is hereby created a Housing Appeals Board, which board shall consist of five members to be appointed by the County Commissioners. Of the members of the Housing Appeals Board first appointed, one shall be for a term of one year, two for terms of two years each, and two for terms of three years each. There- after, they shall be appointed for terms of three years. Any vacancy shall be filled by appointment by the County Commission- ers. The members shall be subject to reappointment by the County Commissioners. SECTION 4-402. Compensation of Members The members of the Housing Appeals Board shall serve without compensation. SECTION 4-403. Removal of Members The members of the Housing Appeals Board shall be subject to removal by the County Commissioners. SECTION 4-404. Chairman and Vice Chairman; Right to Vote; Quorum The Housing Appeals Board shall elect its own chairman and vice chairman. All members, including the chairman and vice chairman, shall be entitled to vote. A quorum of the Housing Appeals Board shall consist of four members. SECTION 4-405. Vote Required for Action The concurring vote of four members of the Housing Appeals Board shall be necessary to reverse or modify any decision or order of the building inspector. SECTION 4-406. Meetings The Housing Appeals Board shall meet on the call of the chairman or vice chairman. Meetings shall be open to the public and shall be informal. Minutes of meetings shall be accurately recorded. SECTION 4-407. Rules of Procedure The Housing Appeals Board may adopt its own rules of proce- dures, and all other rules and regulations which may be necessary for the proper discharge of its duties. 16 1 1 DIVISION 5 - SEPARABILITY AND UNSAFE BUILDINGS SECTION 5-501. Separability rIf any section, subsection, sentence, clause, phrase, or portion of this Code is for any reason held invalid or unconstitu- tional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. ' SECTION 5-502. Residential Buildings Unfit for Human Habitation (1) The Housing Inspector shall determine that a resident building is unfit for human habitation if he finds that any of the following conditions exist in such building: (a) Interior walls or vertical studs which seriously list, lean, or buckle to such an extent as to render the building unsafe. (b) Supporting members or members which show thirty- three percent (33%) or more damage or deterioration, or nonsupporting, enclosing or outside walls or covering which show fifty percent (50%) or more of damage or deterioration. (c) Floors or roofs which have improperly distributed loads, which are overloaded, or which have insuffi- cient strength to be reasonably safe for the purpose used. (d) Such damage by fire, wind, or other causes as to render the building unsafe. (e) Dilapidation, decay, unsanitary conditions, or dis- repair which is dangerous to the health, safety, or welfare of the occupants or other people in the County. (f) Inadequate facilities for egress in case of fire or panic. (g) Defects significantly increasing the hazards of fire, accident, or other calamities. (h) Lack of adequate ventilation, light, heating, or sanitary facilities to such extent as to endanger the health, safety, or general welfare of the occu- pants or other residents of the County. 17 (i) Lack of proper electrical, heating, or plumbing facilities required by this chapter which constitutes a health or a definite safety hazard. (2) Irrespective of the above, a residential dwelling unit shall be construed by the Housing Inspector to be unfit for human habitation, and he shall so find if such dwelling unit contains more than seven (7) separate types of violations of any of the minimum standards set forth in this ordinance. This ordinance is adopted in the interest of public health, safety, and welfare, and shall be in force and effect from and after its adoption. This ordinance adopted this the day of 198_. ATTEST: 18 Map No. 1 7 Parcel No. 4 5 6 7 8 7 17 18 19 20 21 87 88 88A 89 90 91 92 93 98 98A 99 100 101 102 103 104 107 pe-m � ; - - 1W L 64 0�ike, Owner U.S. Coast Guard N. C. DOT U.S. Parks Service Hyde County II3an, Wesley W. & Ruth S. Wahab, Myra Dodd, Richard W. & Cheryl L. Grandfield Shore Juniper Corp. Shore Juniper Corp. Shore Juniper Corp. Willis, Jack C. Jr. Riddick, Mike G. Pentz, Archie Perry Harborside Motel & Gift Pentz, Archie Perry Harborside Motel & Gift Shore Juniper Corp. Willi ans, Larry P. Willis, Sigma Willis, Jack C. & Belle B. Spinhayer, i49ginald R. Spinhayer, Reginald R. Ballance, Kenneth Lawrence & Vera W. Garrish, Maude T. O'Neal, 1bbt . F. & Chloe Ballance, Elenora, Estate Garrish, Irvin S. & Elsie B. Wells, Lud ice 0. Garrish, Irvin S. Acreage 15 8 5 2 1.6 Greenhouse .48 Tax Value $2,904,000 1,786,000 220,000 529,000 707,420 273,390 85,120 175,760 634,030 50,550 61,670 52,185 400 80,000 393,050 149,100 1401650 119,050 51,240 140,300 69,850 116,290 74,005 29,780 182,310 111,110 41,360 40,100 Ocracolae Page 2 Parcel Map No. No. Owner 7 108 Garrish, Irvin S. & Elsie B. (Cont'd.) 109 Wrobleski, Edward L. & Jean Potts 110 Jeffries, Tlxmas K. & Elizabeth H. 111 Howard, Elizabeth 0. 112 Riddick, Mike G. & Ray 112A Poore, Henry W. & Nina 113 Senseney, David B. & Sherrill P. 114 Senseney, David B. & Sherrill P. 115 Shore Juniper Corp. 8 1 & 1A O'Neal, Van Henry & Bertha G. 1B & 2 Wrobleski, Edward L. & Jean 8 Scott, Mary Ruth J. & Norvell 0., Jr. 8A Scott, Mary Ruth J. & Norvell 0., Jr. 9 Wrobleski, Edward 9A Mayer, David J. Hayes, Ronald L. 10 Howard, Lindsey T. 11 Wrobleski, Edward 12 O'Neal, Benjamin L. & Naomi S. 13 Bell, William T., Jr. 13A Bell, William T., Jr. 83 Silver Lake Corp., pt. lots 19 & 20 84 Chew, Karen E. . 84A McDermott, Kenneth G. 84B McDermott, Candace L. 84C McDermott, Authur A. Tax Acreage Value 13,200 386,740 119,990 ' 322,880 239,760 , 127,960 232,970 243,340 227,970 Leasehold (1) Leasehold 93,070 + 19,800 (1A) 30,000 ' 61,000 138,110 21,000 65,000 43,030 61,330 260,200 65,000 110,230 113,310 20,000 5,000 15,000 15,000 15,000 Ocracoke Page 3 Map No. 8 (Cont Id.) Parcel No. Owner 85 Silver Lake Corp., lots 1 & 2 86 McDermott, Kenneth G. McDermott, Candace L. 77 Lyons, Danny & Linda 78 Roberts, Corinne McWilliams 78A 79 Cahoon, Walter W. - 1/2 interest Davis, Geo. T. Jr.- 1/4 interest Davis, Calvin Blythe - 1/4 interest *87 Pirates Quay Assoc. 4 units sold - value ea. 105,150 87A Willis, Jadt C. 88 Gaskill, Daisy Styron 76 Fulcher, Vicki Tillette & Elmo M. Jr. 75 Spencer, Wallace T. 74 Spencer, Selma 89 Miller, Norman E. Jr. & Sharon D. 90 Berkley Machine Works & Foundry Co., Inc. Tax Acreage Value 95,000 7,500 7,500 90,000 115,760 91,500 46,250 46,250 315,150 = 420,560 60,400 90,000 112,730 142,710 61,190 232,630 734,360 Ocracoke Page 4 Map No. 3 2 Parcel Tax No. Owner Acreage Value 98 Lentz, Joanna C. & William M. Jr. 76,150 99 Suter, Anna Dean Carr; & Catherine G. 78,160 Begiebing, Deane Suter & Mark 101 Rudy, Ann A. 41,100 102 McDermott, Isabelle N. 15,000 103 McDermott, Keith E. & Isabelle.N. 172,130 1 Zbranak, Frederick P. & Marcelene M. 124,570 1A Burrus, Alonza O. Jr. & Cora G. 30,000 2 Burrus, Alonza O. Jr. & Cora G. 14,400 3 Willis, Helena 107,880 4 Daughtery, Beatrice 112,765 5 Johnson, J. C. & Myrtle Price 31,820 6 Ballance, Chas. D. & Linden F. 18,000 8 Brantley, Irene Frazier & Dwight 5,000 8A Frum, David & Karen Lovejoy 43,810 7 Woodwell, Katherine R. 199,510 9 Barksdale, Susan 154,600 10 Barksdale, Susan 16,000 11 Mohan, Helen Marie 48/100 40,700 11A Mohan, Helen M. 9,000 12 Mohan, Helen M. 75,080 13 Barksdale, Lane 70,000 14 Van Nostrand, Dr. Leslie & Gloria L. 113,820 15 Rodman, John C. et al 102,000 16 Paley, Warren D. 2-20/100 282,670 16A Runyon, Chas. & Mary R. 15' R/W 6,000 17 Kugler, Martha E. 132,850 18 Vieyra, Rose B. 70,500 19 Knott, Lee E. Jr., Rufus D. II & 127,500 Eddie Jr. t 1 1 1 1 A 1 1 1 1 1 1 Ocracoke Page 5 Map No. 2 (Cont Id.) Parcel No. Owner 20 Rodman, Clark; McAllen, John W. Jr.; Waters, Zack Jr.; Cheatham, James 21 Meeker, Leonard C. 22 Runyon, Chas. & Mary R. 23 Jones, Ursula B., Selby S., Carolyn V. 24 Williams, Charlie Mack 24 Runyon, Chas. & Mary R. 26 Jones, Samuel G. Jones, Ursula B., Selby S. & Carolyn V. 27 Jones, Ursula B. & Selby 28 Meekins, Douglas 29 Simpson, Patsy Gaskins 30 Barksdale, Susan Tax Acreage Value 137,350 137,160 137,160 137,350 5 563,180 40,000 111,800 106,800 142,730 314,755 65,000 156,080 129,340 63,430 64 63 62 61 \' 47 60 FAR CREEK 59 SPOIL AREA 54 58 31 46 57 45 56 1 35 36 37 21 2 43 44 55 /// 11�40e 66 51 65 F 67 I 65-E - 53 52 65-D / 5- e9 Y0 5-13 6869 90 2427 T3442 65-A 91 51 4 9246 45 70 44 US /> 48 49 50 \ S5 oj 43 42 93 y 1 50 \ 41 71 2 73 //6 sa 40 26 I • 33 3y 37 39 11 96 p "¢ 30 ze ti tiry 13 97 2 /O 53 54 I 1 47 \ �y� /9 f SR4 , N N G /g r3d 3 , 55 e , 02 4 59 1 m 60 1 56 0 49 30 \ 29 6 2 v LEGEND /g 6 1 1 STUDY AREA 48 \ �ry /e aPSR 2 ' g> T3 6B '�•4 52-A 52 g> Gg B G 6 NOTE: See Appendix V of the Hyde C,,nly Shoreline Economic Dlopment Study feve or a Ilel 01 property ownerships. = a• g a B •'' a S R eo3 q 57 , g4 3 5e PROPERTY OWNERSHIP J/z >/ 1 ENGELHARD HYDE COUNTY 4g 4j 4 rn All,6 NORTH CAROLINA The preparation of this map was financed In part 4 � OOOL through a grant provided by the North Carolina Coastal Management Program, through funds provided 1972, T / OCTOBER, 1999 by the Coastal Zone Management Act of os amended, which Is administered by the Office of MAP I T Ocean and Coastal Resource Management. National Oceanic and Atmospheric Admhdst►atlom 1 I I _ - NOTES: _- -- TNam c • L cannot b used for • t rueLa o an permit - aP - rP APPROxMATE aHORELr1E TAT - - _ - - - Indiction determinations. ilp WATERS - - LOCATION_ r 2. The areas generally Iyiny within the Coastal Resources Commisslo lint o Coastal -- - - f f - - - - Welland landAreas are Indicated. These delineations - - - - - and aU H• County sit •s/areen•rd representative f - - - - - - - - tole should be Inspected b a r• o 0 the Wathin to M1North Carolina. Office a of the DIvisbn of Coastal Management before any development w d• activities are undertaken ' - 3 AN shoreline areas extending - din Inland from the mean water level or normal water level for a distance of 75 feel are considered estuarine - fines. This m ca nnot onnot be used to define r _ = - - - normal wa ter I• wlThs normal waterleve l must f be determined/wrI/led through In-fleld observation and verification. FAR CREEK - 4. AN surface water areas are Areas of _ - _ - Environmental ironmentalConcern. - - - - The a• •a - - - -tuarins and = r or public trust waters. The upper gmlls of ihsas - waist bodies (limits of navigation) cannot be - - - -- - - - 1(l �'•-.--" SPOIL AR EA determined eoureI grmabMI e• d from Ihia map. Canals may be making M9Ihsm Areas of Environmental enld - oncer - - - - - - - - - - - - wiaLK - - 5. AN Non -Coastal Wellan d toga within ' f• - - - - -_ " - - _ -- - -_ _ -- _ MS - h• study drarea v either r M tt-Dlo e oWATERS waklan Of rrMM•ra-NeWhOn association lo n sole. •f• - - T e • These ar both h • e.'• Ie soli w - - s which 1 - h droln o i Ydr poorly. A xw These so e PPRO ATE SHORELWE g types we Ot•n1I p Y - rP P o 40a - — r �I - - �OG ION T - - - - - Wetlands regulations. Mow•wr, property converted to agricultural wa • and planted to a - - - - 9 _ _ _ _ - _ - - :r• - - - - - _ - _ crop =9 1980-1983 may be exempt from 404 permit requirements. Z:: - - I :-_ _ - - __ - •ice.-_- � - � 1 LEGEND \ ne aR ao - ���� STUDY AREA A 1 SR#03 I AREAS OF ENVIRONMENTAL 1 CONCERN AND SOIL CONDITIONS I ENGELHARD HYDE COUNTY _ ) / NORTH CAROLINA O IOU 'DO` 500 The preparation of this map was financed In part !U a 0 Through a grant provided by the North Carolina Coastal Management Program, through funds Provided % T OCTOBER, 1989 by the Coastal Zone Management Act of 1972, as / 1- MAP 2 amended, which Is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Adminlstrallom I Y FAR CREEK SPOIL AREA 01 CIV PAD 0 - 0 s 00 0 1 0� gep� 0 O pO I �e I 143 6 00. `9 • 1 LEGEND \ es2s I RESIDENTIAL USE 2`Abry 0 82 • 1 CONVENTIONAL MOBILE HOME \ O Q 3I 0 0 0 O I 0 MINOR/NON-NEED C7 (N �' OO 6 MODERATELY DETERIORATED 0 00 8' 1 G SEVERELY DETERIORATED 0 y ry,! 0� 00 • c f • DILAPIDATED :� • 0 00 0 0 0 0 h I COMMERCIAL USE , P • 3� O o 1 MINOR/NON-NEED ❑ 00 b O 1 MODERATELY DETERIORATED 0 q 0 0 sq xo PUBLIC AND INSTITUTIONAL 0 63� 0 0 0 .fop z VACANT \ o I O e m (� 1 -STUDY AREA 0 0 000 \ ey2 6 O Sq�20 • Q NOTE: BUILDWG LOCATIONS ARE \ B.Q APPROXIMATE '�O 0 8 0 e 0 1 LAND USE AND e 0 \ e.v • Q 3q Yp3 O -p O ° 000 I STRUCTURAL CONDITIONS _ 6 • °° ! ENGELHARD D a m 0 J HYDE COUNTY ° • N /,���� NORTH CAROLINA o ba s3oo 5oo The preparation of this map was financed In part IfuOCTOB ouggh a grant provided by the North Carolina MAP 3 Coos at Management Program, through funds provided % by the Coastal Zone Management Act of 1972, as amended, which Is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Adminlsirallon, LEGEND - STUDY AREA The preparation of this map was financed In part Througgh a grant provided by the Norlh Carolina Coaslol Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which Is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Adminlstratlon. NOTE: See Appendix V of the Hyde HYDE COUNTY County Shoreline Economic Development Study for a list of property ownerships. NORTH CAROLINA OCTOBER,1989 MAP 4 NOTES: l This map cannot be used for any porn JurWktion determinations. 2. The areas generally d loy within the C Resources Commission sfWtlon of Coo Wetland Ana. are Indicated. These dot are general and all Hyde County indlvidui lots should be Inspected by a reprosenlo the Washington, North Carolina, Office of Division of Coasts Management before , development activities are undertaken J.All shoreline areas extending Inland fn moan water level or normal water level I distance of 75 teet are considered estw shorelines. This map cannot be used to normal water level The normal water Is De dolerminedlverlfled through in-fleld observation and verification 4. AN surface water areas are Areas of Environmental Concern They are estuor or public trust waters. The upper limits water bodies (limits of navigation) cannot determined from this map. Canals may t navigable, making them Areas of Environ Concern 5. AS Non -Coastal Welland solls within the study area are either Myall-Sladen association or Capers-Newhan associatio These are both hydric salts which drain pp These soi types am polantially subject h Wetlands regulations. However, property converted to agricultural usage and plant, crop during 19e0-19e5 may be exempt f porma requirements. LEGEND -STUDY AREA The preparation of this map 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, as amended, which Is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Adminlsfration, HYDE COUNTY NORTH CAROLINA OCTOBER,1989 MAP 5 K r s' LEGEND RESIDENTIAL USE CONVENTIONAL MOBILE N01 O MINOR/NON-NEED O A MODERATELY DETERIORATED m 9 SEVERELY DETERIORATED CA • DILAPIDATED m COMMERCIAL USE MINORINON-NEED ❑ MODERATELY DETERIORATED 0 PUBLIC AND INSTITUTIONAL VACANT STUDY AREA NOTE: BUILDING LOCATIONS ARE APPROXIMATE The preparation of through a grant provided by the norm t;aronna Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which Is administered by the Office of Ocean and Coastal Resource Management, Natlonal Oceonlc and Atmospheric Administration, NORTH CAROLINA OCTOBER,1989 MAP 6 LEGEND — STUDY AREA NOTE: See Appendix V of the Hyde Counly Shoreline Economic Development Sludy for o Gat of property "nerehips. The preparation of this map 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, as amended, which Is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration. 1.1 12 ti tiP � 9 Po ti NC � 9J 8 238 7 // 237 optl� // 249 6 //I 236 2 t It 0 yC, ll / 235 2265 n`y 234 233 2Z 217 2 // 218 219 �69 y �60 170 j° 172 71 173 y `60 / 164 g0 `e¢ SWAN QUARTER BAY OUTSTANDING RESOURCE WATER AREA — 156 2 \ 9 w .i��o JI I -I 2 i o° 7 ` cc c c 32 61 33 a9 er ee 9a ` at as 31 / m 4 el . 4'o \ N4 // 4: // \4 3 30 1 PROPERTY OWNERSHIP SWAN QUARTER HYDE COUNTY NORTH CAROLINA OCTOBER. 1989 '\ aw l o ao »o soo ao z®o MAP 7 1 I L� P LEGEND - STUDY AREA NOTES: L This map cannot be used for any permit iwisdktlon detsrminaflons. 2. The areas generally lying within the Coastal - Resources Commission definition of Coastal Welland Areas we Indkafed. These delineations we general and all Hyde County Individual situ/ _ Iola should be Inspected by a representative of _ - - the Washington, North Carolina. Office of the Division of Coastal Management before any development activities are undertaken. - - _ 3. AN shoreline areas extending Inland from the mean water level or normal water level for a distance of 75 feet are considered estuarine - _ _' 'i- shorelines. This map cannot be used to define _- - normal water level The normal water level must be determined/verifled through In-fleld _ observation and verification. 4. AN surface water areas are Areas of -- Environmental Concern. They are estuarine and/ - - = or public trust wafers. The upper limits of these walw bodies (Whits of navigation) cannot be determined from 1NA map. Canals may be - - navigable• making them Areas of Environmental Concern. 5. AN Non -Coastal Welland sells within the study area are either Myatt-Bladen association or Capers-Newhan association sops. These are both hydrk sells which drain poory. These soll types we potentially subled to 404 Wetlands regulations. However. property converted to agricultural usage and planted to a crop during 1980-1983 may be exempt from 404 .,•_'� t_•.:. t'. - - i ==_-: - permit requirements. APPROXIMATE SHORELINE� LOCATION Zz T 1, APPROXIMATE SHORELNE LOCATION The preparation of this map 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, as amended, which is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administratlon. ' 9p 10 _ \ TRUST WATERS �•f --_ _ _ _ _ _ - _ - - a \ APPRO%1 ATE SHORELINE SWAN QUARTER BAY //� \' I �._t- • % _tee _: c `:� ::_tn�_.� OUTSTANDING RESOURCE WATER AREA ( -� �_ '-': •:: -.-.'� : _'tom � �.: �'"-.� �-:' :: •_- �- _ �: y Ilk AREAS OF ENVIRONMENTAL 1 CONCERN AND SOIL CONDITIONS SWAN QUARTER HYDE COUNTY PUBLIC TRUST �� -f• _ - r. _ _ WATERS NORTH CAROLINA _ = _ _ -_: •�� /\ OCTOBER, 1989 MAP 8 APPROXMATE SHORELINE LOCATION N LEGEND RESIDENTIAL USE CONVENTIONAL MOBILE HOME O MINOR/NON-NEED C7 9 MODERATELY DETERIORATED m G SEVERELY DETERIORATED 0 DILAPIDATED COMMERCIAL USE MINOR/NON-NEED ❑ MODERATELY DETERIORATED 0 SEVERELY DETERIORATED (7 DILAPIDATED PUBLIC AND INSTITUTIONAL 0 VACANT STUDY AREA NOTE: BUILDING LOCATIONS ARE APPROXIMATE I X(z) e° 0e \ To s 120 ,I/(6j �9n SWAN QUARTER BAY C OUTSTANDING RESOURCE WATER AREA °1 \ " LAND USE AND �\ STRUCTURAL CONDITIONS SWAN QUARTER HYDE COUNTY NORTH CAROLINA The preparation of this map was financed In part �\ /� OCTOBER. 1989 throw h a grant provided by the North Carolina �� Coos al Management Program, through funds provided w® by the Coastal Zone Management Act of 1972, as � � lo �o, � ,,, , amended, which Is administered by the Office of \ �/ Ocean and Coastal Resource Management, National MAP 9 Ooeonla and Atmospheric Adminlstratlon. \ ,� 4 } F— z O U F— O W 1 °° I ALLIGATOR \\ LAKE AY Rp,OOASTAL WpZE� I I y I L >; Q° 02 -k SWAN QUARTER \ BELL Q4Y D� PAMLICO RIVER \ 04y WILLOW Qr— P • � tr ``g c \ � The preparation of this map was financed In part through a ,root provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as PAMLICO amended, which is administered by the Office of \ Ocean and Coastal Resource Management, National \ Oceanic and Atmospheric Administretlom \ > (� DARE 1 LAKE MATTAMUSKEET ENGELHARD MODE WYESOCKING BAY HOG POINTA� HOG ISLA�OO MARSH OJl EMT C WEST BUJFF BAY HYDE COUNTY SAFE ANCHORAGE LOCATIONS LEGEND • .SAFE ANCHORAGE LOCATIONS 1 0 1 2 3 4 MILES SCALE MAP 10 0O GZ