HomeMy WebLinkAboutEngelhard, Swan Quarter and Ocracoke Shoreline Economic Development Study-19891
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HYDE COUNTY
ENGELHARD, SWAN QUARTER, AND OCRACOKE
SHORELINE ECONOMIC DEVELOPMENT STUDY
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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.
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HYDE COUNTY
' ENGELHARD, SWAN QUARTER, AND OCRACOKE
SHORELINE ECONOMIC DEVELOPMENT STUDY
PREPARED FOR
' HYDE COUNTY DEVELOPMENT REVIEW BOARD
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' Prepared by:
T. Dale Holland Consulting Planners
October. 1989
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' 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
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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.
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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
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Need to clean-up harbor
2)
CAMA permitting
3)
404 wetlands
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4)
Commercial fishing identity
5)
Shoreline access
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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
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Drainage
13)
Oregon Inlet access for fishing boats/ocean access
14)
Dredging of Far Creek
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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
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Lake Mattamuskeet
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Isolation/low population density
11)
Swan Quarter -Ocracoke ferry
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12)
Old ice plant, Engelhard
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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
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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:
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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
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' - 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.
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' 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
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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
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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.
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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:
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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.
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IARCHITECTURAL AND STRUCTURAL ANALYSIS
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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.
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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.
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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
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CALLED VERGEDOARD
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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
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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
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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
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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
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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
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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
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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.
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(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
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(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-
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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.
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-122-
APPENDIX IV
HYDE COUNTY
Minimum- Housing Code
1
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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
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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
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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.
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(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
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(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
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51
65 F 67
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65-D
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5-13
6869
90
2427
T3442
65-A
91
51
4
9246
45
70
44
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48 49 50
\ S5
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43 42
93
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1
50
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2 73
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sa
40
26
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37
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11
96
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13
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LEGEND
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6
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STUDY AREA
48
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52-A
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NOTE: See Appendix V of the Hyde
C,,nly Shoreline Economic Dlopment
Study feve
or a Ilel 01 property ownerships.
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57
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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