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HomeMy WebLinkAboutFutch Creek The History, Growth & Future of Our Watershed-1996(" 7Rq3 3 F Eg % 31996 DIV t N1pNJF AGEMENT CpASTA� K Towards Sustainable Coastal Communities and Environmental Stewardship f IN FUJ.l CH CREEK The History, Growth & Future of Our Watershed Towards Sustainable Coastal Communities and Environmental Stewardship December 1995 NEw HANOVER BOARD OF COMMISSIONERS Robert G. Greer, Chairman E. L. "Matt" Mathews, Vice Chairman Sandra Barone William Caster William Sisson NEw HANOVER COUNTY PLANNING BOARD MEMBERS Kenneth A. Shanklin, Chairman Charles R. Howell, Vice Chairman Wesley O. Nixon James E. Wolle Joyce Fernando John Galarde John E. Dyer NEw HANOVER COUNTY PLANNING DEPARTMENT Dexter Hayes, Director Patrick Lowe, Assistant Director Planner -in -charge Chris O'Keefe, Planner Project Staff' PLANNING STAFF Pete Avery, Senior Planner Sam Burgess, Planner Wanda Coston, Planner CAMA INTERNS Tracy Lowe Ed Lynch GRAPHICS PLANNING Tm INIcIAN Lisa Elaine Horne - ADMINISTRATIVE SECRETARY Phoebe Saavedra The preparation of this document was financed, in part, through a Coastal Area Management Act q10 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. N N Table of Con -tents 0 I. Executive Summary ..................................................................................... 1 II. Introduction................................................................................................. 3 Purposeof the Plan ................................................................................ 3 PlanningProcess.................................................................................... 3 III. Background..................................................................................................5 History................................................................................................... 5 Issues..................................................................................................... 6 IV. Futch Creek Watershed............................................................................... 9 Profile.................................................................................................... 9 Land Use Plan and Classifications.......................................................17 ZoningRegulations...............................................................................18 Stormwater and Other Regulations....................................................... 21 Hydrology............................................................................................. 25 O Water Quality Studies........................................................................... 28 SpecialProjects.....................................................................................37 Summary/Analysis................................................................................ 38 V. Goals & Objectives.....................................................................................45 Porter's Neck Plan ................................................................................ 45 Wilmington - New Hanover County Land Use Plan Update ............... 46 Pender County Land Use Plan Update.................................................49 Proposed Futch Creek Watershed Plan ................................................ 52 VI. Watershed Management Tools.................................................................. 57 Non -Regulatory ....................................................................................58 Regulatory............................................................................................58 Legislative............................................................................................60 VII. Recommendations for Action..................................................................... 61 VIII. Sustainable Coastal Communities.............................................................. 63 0 References/Appendices..............................................................................65 Appendix O Appendix A Land Use Plan Classification Maps Appendix B Watershed Land Uses and Projections by Zoning District Appendix C Saltwater Classifications, Land Use and Stormwater Controls Appendix D Map of Two Options for Water Quality Critical Area Boundaries List ®f ]Figures Figure 1 Public Forum Notice p. 4 Figure 2 Poplar Grove Plantation p. 5 Figure 3 Closed Shellfish Beds Map p. 7 O Figure 4 Futch Creek Watershed Map P. 11 Figure 5 Futch Creek Watershed Land Use Map p. 13 Figure 6 Futch Creek Watershed Soils Map p. 15 Figure 7 Groundwater Flow Rates p. 26 Figure 8 Paths of Water Flow p. 27 Figure 9 Aquifer Sensitivity Map p. 29 Figure 10 Water Quality Sampling Stations Map p. 31 Figure 11 Primary Nursery Areas Map p, 35 Figure 12 Dredging/Water Quality Results Chart p. 37 Figure 13 Surface Water Quality Map p. 43 List ®f 7lablles Table 1 Watershed Land Use Summary P. 10 Table 2 Summary of Estuarine Creek Regulations p. 23 Table 3 Dredging/Water Quality Results p. 38 Table 4 Watershed Management Tools p. 58 �,/ Executive Summary The history, growth, and future development of the Futch Creek watershed are explored in our search for the answers to achieving sustainable coastal development and environmental stewardship. From its early settlement to later plantation days, ties to the land have provided a strong foundation for the community and an impor- tant legacy to pass from one generation to the next. But what legacy are we provid- ing for future generations ? The Futch Creek watershed has experienced only moderate development to date, predominantly single-family residential on larger lots. However, the desirabil- ity of the area combined with a growing population and limited natural constraints will likely result in increased development in the .years to come. A review of existing land use plans, zoning, and stormwater regulations finds numerous areas for improvement. These include: O implementation of adopted land use plan goals and objectives, • reduce or eliminate exemptions from water quality regulations for agriculture, forestry, single-family residences, and others, • develop a monitoring and maintenance program for stream buffers, • consider adoption of density controls through an R40 or larger zoning district and impervious surface limits, • develop a watershed overlay district, or amendment to the Conservation Overlay Distrct (COD) • develop a stormwater management program and a stormwater utility or water quality authority for its implementation, • develop a groundwater monitoring/protection program, • develop a septic system inspection and maintenance program, • . provide increased support/funding for inspections and enforcement programs, • provide increased long-term support/funding for water quality studies, • continue support of cooperative research efforts and innovative projects, • support new/creative educational programs and public participation opportunities. Drainage and groundwater studies are beginning to provide needed informa- tion to address our ability to provide for sustainable development. Surface water quality studies are providing valuable information on current conditions and trends and the likely cumulative impacts of development. These findings include: exces- sive nutrient loadings that may compromise the ability of the creek to function as a primary nursery area; bacterial pollution continues to exceed the State standards for Oshellfishing; low dissolved oxygen in bottom water contributes to estuarine water impairment; and stormwater detention ponds may frequently discharge water of poor qualityy. 'One promising area is the Clean Water Demonstration Project on Futch Creek that found increased salinity and tidal flushing has resulted in substantial drops in fecal coliform abundance. Other special studies planned include a Neighborhood Best O Management Practices (BMP) Program and a Wild Animal Impact Study. A review of existing goals and objectives from adopted land use plans shows a strong foundation for water quality protection and growth management issues. Based upon this foundation, the Futch Creek Plan proposes three basic goals: Goal One: COOPERATION Seek out new avenues for communication and cooperation between local, state, and federal governments and agencies. Goal Two: PROTECTION Develop a comprehensive strategy to provide for environmental protection and sustainable coastal development within the Futch Creek Watershed. . Goal Three: RESPONSIBILITY Foster awareness, understanding, and environmental stewardship through continued public participation and education. Through these goals, we can begin to revive the water quality in our creeks and sounds, and ensure their continued use and enjoyment for generations to come. Implementation is the key to ensure the translation of these words into action, and our actions will be the measure of our commitment. Some of the tools for watershed management and water quality protection that O can help to achieve these goals are presented for consideration. These include den- sity controls, buffer and impervious surface standards, drainage requirements, es- tablishment of a stormwater utility, educational efforts, and others. Recommended actions for consideration by the Board of Commissioners include: Development of an interlocal agreement with Pender County for the joint planning, protection, and sustainable development of the Futch Creek watershed; Appointment of a community steering committee to complete the development of a comprehensive watershed management plan and ordinance; and, Direction to the Planning Board and staff to continue development of a compre- hensive watershed management plan and ordinance for consideration by the Board of Commissioners. Sustainable coastal development is the overall goal that we seek to achieve through these efforts. It involves meeting the needs of the present without compro- mising the ability to meet the needs of future generations. It requires that we have both a vision of and commitment to the future of our community. And it requires that we "care" about the quality of life both now and for generations to come. We do have a choice, and we still have the time to make that choice. And that choice will determine what our legacy will be to our children and grandchildren. Q 2 I I I IT micMI(s)I PURPOSE OF THE PLAN This plan establishes the conceptual framework for the future of Futch Creek. It's purpose is to outline some of the necessary goals, objectives and implementa- Realizing the goals of the Futch Creek Plan will require the commitment of the Ocitizens, community groups, and public agencies that have concern for its future, and that commitment must be expressed through actions which implement our stated goals. This will be the key to the success of our efforts. Mouth of Futch Creek PLANNING PROCESS Photo: An important part of the success of any planning effort is largely dependent Conrad Lohman upon the degree to which the public has been involved in the process. Being in- cluded early and throughout the development of the plan or project helps to ensure that the public's ideas can be incorporated or addressed. It also provides the neces- sary foundation for the plan's acceptance, which is a key ingredient to its successful implementation. 3 Public participation in the development of the Futch Creek Watershed Plan actually began in 1991 during the Wilmington -New Hanover Land Use Plan Up- date. Surveys, forums, and public hearings from 1991 to 1993 all indicated growing community concern over declining water quality and a perceived decline in the overall " quality of life ". This resulted in the adoption of specific policies and implementation measures � TCH CREEK I to address these emerging issues. The History, Growth & Future of Our Watershed Please join us for an informational meeting and exchange of ideas on water quality and stewardship of the Futch Creek Watershed Wednesday, November 29,1995 7:00-9:OOpm Plantation Village Auditorium 1100 Porten Neck Road For additional information comae: New Hanover County Planning Department The development of an Estuarine Watershed Management Program is a direct result of these policies. The overall goal of this program will be to develop and implement specific watershed management plans for each of the major estua- rine creeks. The first of these focuses on the Fu- tch Creek watershed. During the development of the Futch Creek Watershed Plan a public forum was held to pro- vide an update on the water quality studies and to gather additional public input ( figure 1). More than 75 persons attended the evening meeting at Plantation Village in Porter's Neck. Questions and concerns were addressed by the staff and written comments were received from 44 indi- Patrick Lowe 341-7165 viduals. The comments addressed a wide range Toward: susumahk Cozzd Communises of issues, including : support for water quality and Environmental suwards&p protection reopening Futch Creek to shellfish - Figure I 31 ing, growth & density concerns, waterfowl pro- tection, Hwy. 17 bypass impact, water & sewer impact, jet ski regulation, studies/ plans for other creeks, and how can we (individuals) assist with the studies? Overall the comments were very supportive of the studies and the development of the Futch Creek Watershed Plan. With the approval of the Board of Commissioners, continuing development of the Futch Creek Plan in 1996 will include additional community meetings in con- junction with work by a steering committee (watershed advisory committee), and the Planning Board. This would be followed by public hearings before the Planning Board and Board of Commissioners. Loll 4 K K HISTORY The Futch Creek watershed encompasses an area rich in the history of New Hanover and Pender counties. From its early settlement to its later plantation days, ties to this land from generation to generation have provided a strong foundation for the community and many of its future leaders. Porter's Neck was originally part of a royal land grant from King George II to Maurice Moore. In 1732 John Porter purchased 960 acres, which would soon be- come known as Porter's Neck Plantation. Nicholas N. Nixon was also among the early land owners at Porter's Neck, having inherited most of the land where his family lived and farmed in the 1800's. He would prove to be quite successful through his development of the peanut into a profitable crop. The Porter's Neck Plantation would become well known for its peanut crop production, and an important farming endeavor for the Wilmington area. Relic dams, evident in parts of Futch Creek, were constructed to block the tidal flow. This allowed the farmers to dig out the rich, black soils of the marsh and spread them over the peanut fields. While the original plantation has long since been divided into many smaller tracts and subdivisions, peanut farming continued well into the 1980's. Most of the original roads throughout the area were maintained by covering the surface with oyster shells, a practice typical of the day: This would eventually be replaced by paving in the 1930's and 1940's. A strong desire to succeed would be evident in future generations as well, as N.N. Nixon's grandson, Champion McDowell Davis, would work his way up through the ranks to become president of the Atlantic Coastline Railroad. He would retire late in life to the Porter's Neck waterfront, which his brother Robert Burns Davis had developed, and where he would construct the Cornelia Nixon Davis Nursing Home in dedication to his mother. Just north of Porter's Neck lies Scott's Hill and the estate and historic plantation known as Poplar Grove (figure 2). The 628 acre plantation was purchased by James Foy Jr. from Francis Clayton in 1795. The original manor house was located on the northern branch of Futch Creek, later called Foy's Branch, until Figure 2— Poplar Grove Plantation 5 it was destroyed by a fire in 1849. Rebuilt on its current site in 1850 by Joseph Mumford Foy, it would be the focus of a prosperous agricultural community until the hardships of the Civil War. Foy's son, Joseph T. Foy, would restore the O plantation's economic prosperity after the war through skillful management and development of the peanut as the primary cash crop. He would also become an influential community leader and play an important role in the construction of the Onslow and East Carolina Railroad. Poplar Grove Plantation remained in the Foy family until its sale in 1971. It was later renovated and opened to the public in 1980 as a museum by the Poplar Grove Foundation. Today this nationally registered his- toric site continues its heritage as a center of community activity, preserving and portraying life on the plantation's of the late 1800's for future generations. ISSUES New Hanover County began to study the estuarine watersheds because of grow- ing community concern over declining water quality in the creeks and sounds. As rapid population growth exerted increasing pressure on the areas fragile and lim- ited natural resources, estuarine water quality became one of the early casualties. A gradual yet continuous decline, it would even- fit,�Jff � tually result in the closure of once prime shellfishing areas throughout the county. Futch Creek would be 0 among the earlier losses with its closure in April of V 1986. With the closure of Howe Creek (SA-ORW) on December 6, 1991, all of New Hanover County's es- tuarine creeks were fully or partially closed to shell - fishing (figure 3). The issue of water quality was further defined during the development of the CAMA Land Use Plan Update in 1991-92. Area residents expressed increas- ing concern over: • declining water quality in the creeks and sounds; • groundwater pollution; • overdevelopment; and • a perceived decline in the overall quality of the environment. As a result, land use policies were adopted that provided for the development of an Estuarine Watershed Management Program. Work began on the program in 1992 and a preliminary report on findings and recommendations was completed in September 1993. Futch Creek would be the first watershed plan to be undertaken as O a part of the Estuarine Watershed Management Program 6 TO CLINTON 1\ Wilmington CAROLINA BEACH NEW HANOVER COUNTY `\ TO JACKSONVILLE WRIGHTSVILLE BEACH MASONBORO INLET FIGURE 3 CLOSED SHELLFISH BEDS January 1991 Prohibited Areas • Marina NOTE: Areas subject to enlargement or re- duction as conditions change. Extent of closure surrounding marinas is dependent on size and other characteristics of each marina. u FUTCH CREEK WATERSHED 0 The Futch Creek watershed lies between the Intracoastal Waterway and High- way 17 (Market Street) in northeastern New Hanover County, straddling the bound- ary with Pender County. It encompasses an area from Scotts Hill Loop Road and Highway 17 on the north and east, to Porters Neck Road on the south (figure 4). For many years, Futch Creek was one Ak. of the more pristine in New Hanover County, with a mostly §' rural character and conditions that favored excellent shell fishing and other recreational opportunities. But this would change in the 1980's as new development began moving into the area, including Porter's Neck subdivision, a large resi- dential and golf course development with a retirement cen- ter. �r Development within the Futch Creek watershed has been predominantly single-family residential on larger lots, with some smaller lot clustering taking place within the Por- ters Neck community (figure 5). A few mobile homes area ' also located throughout the area, however they are typically on large lots and not Waterfront Development concentrated in parks. - A limited amount of commercial development is located along Highway 17 and within the Porters Neck community.The Poplar Grove Historic Plantation is located on Hwy. 17 at Scotts Hill. The Cornelia Nixon -Davis nursing home and the Plantation Village retirement community, composed of condominium and detached 1 d umts, are ocate along Porters Neck Road. Of the total 3,135 acres of land in the Futch Creek Watershed, 1,897 acres remain as undevel- oped land in large lots. However, a large part of the watershed within New Hanover County is being pro- vided with sewer service and much of the remaining area is suitable for septic tank use (figure 6). Com- bined with the desirability of the area and current population projections, it is likely that further devel- opment will take place on much of this land. There are already approximately 500 vacant subdivided lots 2 Table I If developed to its maximum potential under current zoning classifications, the Futch Creek watershed could have more than 4,800 dwelling units compared to its current 726 dwelling units (table 1). While the overall density would remain rela- tively low, at approximately 1.94 d.u./acre at buildout, compared to .29 d.u./acre now; the impervious surface area for the watershed would rise from 5.7% to almost 25%. This could lead to further water quality impacts under the current develop- ment requirements. Land Use Summary Futch Creek Watershed: Landuse, Density and Impervious Surface Dwelling Units Density (uniWacre) Impervious Area Acreage Parcels Existing Potential Existing Potential Existing Potential Road :1417 0 0 ' :...'n A o 17a21.. 0 /oof 0 45/0 0 0.0% 0 0.0% 0 0.0% -WA ....:..70.e5 WA 39.5% 22.3% CreeM&rsh 1682 0 0 .. . 0 0 .... _ 0 6 ........ % of Total 6.0% 0.0% 0.0% 0.0% N/A WA 0.0% 0.0% Single Family 292 . 520 .. 52Q, ... w ,. 562 178.. : 18 : _ .75.91 E,. i!...75 91 % of Total 9.3% 41.4% 71.6% 11.7016 N/A WA 42.3% 9.8% SF -Large Lot 77 .. `: 15 ..: .. _ .15 ... 157 D 19., 2A4 .. ;' 3 9: ':. 20 03 %of Total 2.5% 1.2% 2.1% 3.3% N/A N/A 22% 2.6% SF-VacantR, %of Total 7.3% 38A% 0.0% 10.5% NIA WA 0.0% 7.7% Mobile Home 6 5 10 10:€ !0 .. 154 1.54.... 1.69 1,69.. Of Total 02% 0.8% 1.4% 02% WA WA 0.9% 02% Commercial38 S 13 NIA N/A N/A NIA : 10:01 1. D Ot % of Total 12% 1 0% N/A NIA N/A N/A 5.60/. 1 3% Office/ Institutional' 48.5A 11 i..93 3. 73. 3 98 .. i2 81. 12 61 % of Total 1.5% 0.9% 24.9% 4.0% WA N/A 7.0% 1.6% Vacant 1820 4 199 :; 0 3378 .. ... 0 00 . ::.. . t 86 0 s 42008 % of Total • 58.1 % ... 15.8% 0.0% 70.3% WA NIA 0.0% 54.0% Recreational 293 S fi N(A... WA 0 00 0 00 4 4 d 4 Of Total 9 4% O S% WA N/A WA WA 2 5% 0.6% TOTAL 8 1256 726 4803 ; 0 29 194 17937 _. Z77 80 1:3135 rshe Wated 100.0% 100.0% 100.0% 100.05 NIA N/A 5.7% 24.8% Assumptions: Potential area for roads = %11.25 of Vacant land (from sample subdivision). Road impervious surface = %50 of right of way. Average impervious surface for watershed sample = %26. Projected number of units = max allowed by zoning (x) vacant acreage. ' Office and Institutional includes 66 dwelling units in Plantation Village Retirement Community and 107 rooms in Cornelia Nixon Davis Health Care Center. Total includes recreation and roads Futch Creek's SA water quality classification indicates that the waters are suit- able for commercial shellfishing, recreation, fishing, aquatic life propagation and wildlife habitat. However, most of the creek has been closed to shellfishing due to fecal coliform contamination since 1986. Water quality studies and a pilot project are currently underway to try and reopen the creek. Futch Creek has also been iden- tified as a primary nursery area, providing an important breeding area for fish and shellfish of our coastal waters. E* 10 C 0 � � � f ' I �rl : 1��•• r fli �. ` .�`�!' .■.s� �� Wit. a e r t ow LEGEND v 2 Ft. Contour c� N 5 Ft. Contour 10 Ft. Contour ` N Watershed Boundry FIGURE 6 Futch Creek Watershed New Hanover County Planning Dept. Soil Classification Class I Class II Class III 0 Class IV M Water N W E S December 18,1995 LAND USE PLAN & CLASSIFICATIONS OThe Land Use Plan is a policy document adopted by local government that provides long-range guidelines for decision making on growth and development. It is intended to provide substantial guidance to city and county officials in their deci- sion making and ensure the protection, preservation, orderly development, and man- agement of our coast. The Land Use Plan is also -used by regional, state, and federal agencies in making project consistency, permit, and funding decisions. The 1993 Wilmington New Hanover Land Use Plan Update and the 1991 Pender County Land Use Plan Update provided important direction for water quality pro- tection and enhancement (see "goals & objectives" p. 45). Among these was the development of the estuarine watershed management program in New Hanover County. These land use plans also defined levels of protection for various areas of the watershed through land classification maps (Appendix A - Land Use Plan Clas- sification Maps). In New Hanover County, the majority of the land within the Futch Creek wa- tershed falls into the resource protection and conservation classifications, with a small area to the west and along Market Street classified as rural. Within Pender County, most of the watershed is classified as limited transition and conservation, with some rural classification to the west of Market Street. The land classifications O within the Futch Creek watershed are described below and in more detail in Appen- dix A. Conservation Provides for -effective long-term management and protection of significant, lim- ited, or irreplaceable natural resources, such as estuarine areas of environmental concern (AEC) and adjacent lands within the 100 year floodplain. Areas should be preserved in their natural state with limited exceptions. Residential density cannot exceed 2.5 units/acre; lower density may be required depending on environmental constraints. Resource Protection Provides for the preservation and protection of important natural, historic, sce- nic, wildlife and recreational resources. Includes land adjacent to SA estuarine wa- ters. Residential density cannot exceed 2.5 units/acre; lower density may be required. Compatible commercial and industrial may be allowed if important resources not adversely impacted. Provision of sewer to some estuarine creeks is intended for the purpose of eliminating septic system pollution and not for encouraging increased density. This classification was developed by New Hanover County due to its urban character and the need to protect numerous areas from urban densities. 17 Rural Provides for areas of low intensity land use such as agriculture, forestry, min- " eral extraction, and other traditional agrarian uses. Discourages premature conver- sion into urban type land uses which would result in loss of resource production. Only low density residential development not requiring the provision of urban ser- vices or exceeding 2.5 units/acre is allowed. Hazardous or noxious land uses with potential for negative impacts may be allowed. Limited Transition Provides for areas of development that will require some level of services, but at lower densities. Increased development is expected to occur, however, residential density should not exceed 2.5 units/acre with lower density desirable. The use of clustering and Planned Unit Development (PUD) is encouraged. Multi -family and non-residential uses may be allowed but primarily residential uses are intended. ZONING While the Land Use Plan provides guidance for development, its implementa- tion depends upon more specific direction and control of land uses through zoning and subdivision regulations. The zoning for most of the Futch Creek watershed is low den- sity residential (R-20, R-15 /RA), with some areas of clustered resi- dential development (Performance Residential) within Porters Neck. Commercial zoning (B-1B-2) is located along Market Street (Hwy. 17). Office and Institutional zoning(O&I) is also found along P$tltL MFlllllt. u __x,_ �,'z portions of Market Street and within the Porters Neck area. a New Hanover County also applies a Conservation Overlay Dis- trict (COD) to protect conservation resources on a site by site basis and Performance Residential (supplemental) regulations which al- low clustering and density transfer subject to drainage standards and other requirements. Both New Hanover and Pender County have a Planned Development (PD) district which allows mixed use devel- g F° _"! opment on larger tracts subject to approval of a master land use plan. Performance Residential development has taken place at Porters Neck Planta- tion and there are numerous COD's throughout the watershed area. However, there are no Planned Development (PD) districts within the Futch Creek watershed. The zoning districts within the Futch Creek watershed are described below. Additional information.on existing and potential development by zoning district for 18 New Hanover and Pender Counties can be found in the appendix (Appendix B- Watershed Land Uses and Projections by Zoning District). R-20 Residential (New Hanover County) The principal use of land is for low density residential development on lots of 20,000 sq. ft. or greater, and recreational purposes. Much of the area along the northern sounds and estuarine creeks is classified R-20. Mobile homes are only permitted by special use permit. Maximum density with Performance Residential projects is 1.9 units per net tract acre. R-20S Residential (New Hanover County) The principal use of land is for low density single-family residential purposes on 20,000 sq.ft. lots. Intended to permit development that is compatible with the preservation of an exurban lifestyle. Mobile homes, duplexes, and other high den- sity residential uses are not permitted. Only a small portion of the Futch Creek Wa- tershed is zoned R-20S. OR-15 Residential (New Hanover County) The principal use of land is for residential development on 15,000 sq ft. lots. This district comprises about 20% (675 acres) of the land in the watershed and most of the land in the county.Mobile homes are permitted. Maximum density with Per- formance Residential projects is 2.5 units per net tract acre. Performance Residential - Supplemental (New Hanover County) Supplemental regulations allowing residential development that varies from the dimensional requirements of the underlying zone except for density, and subject to approval of a site plan, drainage plan, and other requirements. Conservation Overlay District (COD) (New Hanover County) An overlay zoning district designed to protect important environmental and cultural resources. Performance standards and preservation requirements. are ap- plied to development of properties containing designated conservation resources, Osuch as pocosins, natural ponds, marshes, archaeological/historical sites, and oth- ers. 19 O&I Office and Institutional (New Hanover County) Provides areas for institutional, professional office, and other compatible uses O including single-family and performance residential. The minimum lot size is 15,000 sq. ft. The maximum density of performance residential development is 2.5 units/ acre. Plantation Village at Porter's Neck is the only district zoned O&I in the water- shed. B-1 Business District (New Hanover County) The purpose of this district is to provide convenient shopping facilities prima- rily for necessity goods and personal services required to serve a neighborhood. Ingress and egress is required to be from collector roads, and minor or major arteri- als. The minimum area for a B-1 district is two (2) acres. This zoning district is found along Market Street (Hwy. 17). B-2 Business District (New Hanover County) The purpose of this district is to provide for the proper grouping and develop- ment of roadside business uses which will best accommodate the needs of the mo- toring public and businesses demanding high volume traffic. The minimum area a for the B-2 district is five acres. It is the least restrictive business zone. The B-2. district is found along Market Street (Hwy. 17). B-2 Business District (Fender County) The purpose of this district is to provide for the proper grouping and develop- ment of roadside business uses which will best accommodate the needs of the mo- toring public and businesses demanding high volume traffic. The minimum area for the B-2 district is one-half (%) acre. RA Rural Agricultural District (Fender County) The RA Rural Agricultural District is established as a district in which the principal use of land is for low density single family residential, and low intensity non-residential purposes, and to encourage rural farming activities, and the preser- vation of open space.The district is designed to promote low density residential and non-residential development not requiring urban services while maintaining prime farm land and a rural life style. 20 STORMWATER AND OTHER REGULATIONS OVarious development standards and stormwater regulations apply to the es- tuarine watersheds based upon their water quality classification. These are prima- rily administered by local and state agencies. A summary of these regulations is provided in Table 2: Estuarine Creek Regulations and Appendix C- Saltwater Clas- sifications, Land Use, and Stormwater Controls. New Hanover County New Hanover County provides development standards for protection of im- portant ecological resources through its Conservation Overlay District. These con- servation resources include primary nursery areas, salt and brackish marshes, natu- ral ponds, maritime shrub thickets, pocosin, and others. It requires a minimum 75 foot setback for all impervious surfaces from the leading edge of a protected re- source. The only exception to this setback rule is for the encroachment of open decks, provided the encroachment does not exceed six feet into the setback area. Stormwater runoff from development located adjacent to protected conserva- tion areas must not exceed the pre-development/natural conditions peak rate for the 10 year design storm. A drainage plan design which provides for the capture of O between the first .25 inch and one inch of rainfall is also required. Projects adjacent to primary nursery areas must retain the first .75 inch of run-off. The County does not impose specific impervious surface ratios for developments in these areas. Di- rect discharge of stormwater into conservation space is prohibited. N. C. Division of Environmental Management (DEHNR) The Division of Environmental Management is responsible for comprehen- sive planning and management of the state's air, surface water, and groundwater resources. New development locating adjacent to SA Outstanding Resource Waters and within 575 feet of the mean high water line is required to comply with the "low density" option specified in their Stormwater Management Rules. This means the built -upon area must be less than or equal to 25 percent, or the development must consist of single-family residences on lots with one-third of an acre or greater with a built -upon area of 25 percent or less, have no stormwater collection system and have a 30 foot vegetative setback from surface waters. Should the development locate adjacent to SA classed waters not classified ORW and the low density option is not chosen, then specified stormwater control measures are required. Options include: stormwater infiltration basins and ponds, Q swales, vegetative filters, and wet detention ponds or innovative systems if there is a reasonable expectation the control measures will be successful. 21 Development draining to waters other than y� SA, such as SB or SC do not require stormwater �� control measures if the built -upon area is 30 per- cent or less, or it consists of single-family resi- Inden ces on lots with one-third of an acre or greater with abuilt-upon area of 30 percent or less, has Silt fence no stormwater collection system, and built -upon along marsh area is at least 30 feet from surface waters. N. C. Division of Coastal Management The Division of Coastal Management is responsible for carrying out the provi- sions ofthe N.C. Coastal Area Management Act, which includes review and permiting of major developments. They are responsible for the standards of development in "Areas of Environmental Concern", such as marshlands, tidelands, shoreline and waters of the estuarine systems, beaches, dunes, and ocean inlets and other areas. Development along estuarine shorelines must comply with "use" standards within 75 feet (575' for ORV) of the mean high water line. Impervious surfaces must not exceed 30 percent of the lot area within the AEC (25% for ORV) unless that limit allows no practical use to be made of the lot. All development projects" shall limit the construction of impervious surfaces and other areas prohibiting natu- ral drainage. No specific standards for drainage retention are provided. However, the Coastal. Resources Commission must approve all proposed ditches with maximum dimen- sions greater than six feet wide by four feet deep. If it is determined that estuarine waters will be affected, a major CAMA permit will be required. Single-family resi- dences built within the estuarine shoreline AEC are exempt from permit require- ments if they are more than 40 feet from the mean high water mark and no land disturbance is apparent in the 40 foot area. N. C. Division of Environmental Health - Shellfish Sanitation O The Shellfish Sanitation section is responsible for classification of all actual 22 and potential shellfish growing areas as to their suitability for shellfish harvesting. TABLE 2 N N Estuarine Creek Regulations December 1995 Hewlett, Pages, REGULATING Howe Creek Whiskey, and Bradley Creek (SC) AGENCY (SA-ORW) Futch Creeks (SA) (HQW) Primary Nursery Area Primary Nursery Area Primary Nursery Area Setback: COD requires 75' Setback: COD requires 75' Setback. COD requires 75' setback from protected areas setback from protected areas setback from protected areas Impervious Surfaces: No min. Impervious Surfaces: No min. Impervious Surfaces: No min. New Hanover regulations outside setback regulations outside setback regulations outside setback County Drainage: Capture first 3/4 inch Drainage: Capture first 3/4 inch Drainage: Capture first 314 inch for projects adjacent to for projects adjacent to for projects adjacent to primary nursery areas primary nursery areas primary nursery areas Setback: 39 wide vegetative Setback: 30' wide vegetative Setback: 30' wide vegetative buffer buffer. None required for buffer. None required for Impervious Surfaces: Maximum high density high density built upon area of 25% or Impervious Surfaces: Within 1/ Impervious Surfaces: Max. built Division of less on lots over 1/3 acre 2 mile, max. built upon area upon area of 30% or less on Environmental Drainage: Vegetative convey- 25% or less on lots over 1/3 lots 1/3 acre or more. No Management g ances not to include a acre. No high density high density standard discrete collection system standard Drainage: Vegetative convey - Drainage: Vegetative convey- ances only for low density. ances for low density. High High density control first 1" density control first 1-1/2" of of rainfall with wet deten- rainfall with infiltration or tion, infiltration or alternative approved system. Excess stormwater management runoff through minimum 50' system vegetative fifter from MHW Setback: CAMA'use' stan- Setback: CAMA'use' stan- Setback: CAMA'use' stan- dards and permit required dards and permit required dams and permit required within 575' MHW. Single within 76 MHW. Single family within 76 MHW. Single family Division of family structures more than structures more than 40' from structures more than 40' from 40' from MHW exempted - MHW exempted -Also see MHW exempted -Also see Coastal Also see CAMA major permit CAMAmajorpennit CAMAmajorpermit Management Impervious surfaces: Built upon Impervious Surfaces: Built upon Impervious Surfaces: Built upon area maximum 25%within area maximum 30%within area maximum 30%within AEC AEC AEC Drainage: No standards Drainage: No standards Drainage: No standards Buffer. 3V from MHW Buffer. Variable Buffer. Variable Shellfish Does not impose Does not impose Does not impose Sanitation Division development regulations development regulations development regulations of Environmental for drainage, setback and for drainage, setback and for drainage, setback and Health impervious surfaces impervious surfaces impervious surfaces Does not impose Does not impose Does not impose Army Corps development regulations development regulations development regulations of Engineers for drainage, setback and for drainage, setback and for drainage, setback and impervious surfaces impervious surfaces impervious surfaces except in 404 wetlands except in 404 wetlands except in 404 wetlands SA Tidal Salt Waters suitable for shellfishing for market purposes, primary recreation, secondary recreation and fishtwildlife propogation. OORW Outstanding Resource Waters SC Tidal Salt Waters suitable for fish and wildlife propogation and secondary recreation HQW High Quality Waters MHW Mean High Water AEC Area of Environmental Concern COD Conservation Overlay District 23 This section monitors coastal waters to ensure that established water quality stan- dards for shellfish harvesting are met. While they do not impose special regulations Ofor land development as it relates to setbacks, drainage, or impervious surfaces ra- tios, their determinations may influence how DEM or DCM reviews a proposed project. N.C. Division of Marine Fisheries The Division of Marine Fisheries is responsible for the development and en- forcement of rules governing coastal fisheries. The division conducts scientific re- search to provide information for regulatory and developmental decisions and car- ries out various activities aimed at improving the cultivation, harvesting, and mar- keting of shellfish and finfish. It is also responsible for the artificial reef and sub- merged lands programs. The division does not impose special regulations for land development as it relates to setbacks, drainage, or impervious surfaces ratios. How- ever, they do provide information in regard to the preservation, protection, and de- velopment of critical habitat and primary nursery areas that influences how DEM or DCM reviews a proposed project. U.S. Army Corps of Engineers The Army Corps of Engineers is primarily responsible for regulating discharges of dredged or fill materials into waters of the United States, including wetlands. The Corps does not establish design guidelines for developments related to setbacks, drainage, or impervious surface ratios. Some activities are exempt from the Section 404 regulatory provisions, includ- ing but not limited to normal agriculture, silviculture, ranching; maintenance or reconstruction of certain serviceable structures including dikes, dams, causeways, breakwaters or bridge abutments; construction or maintenance of farm or stock ponds, irrigation ditches or the maintenance of drainage ditches. However, these may re- quire a permit if their purpose is to convert an area of U.S. waters to a use to which it was not previously subject and if the flow or circulation of such waters is im- paired. The Corps also has a system of "nationwide" permits that allow the filling of up to one acre for land above headwater areas and road crossings of wetland areas provided the crossing impacts no more than one-third of an acre. HYDROLOGY OThe paths taken by water as it drains from the land defines our landscape, shaping uses of the land and providing an often silent commentary on the quality of our environment. The process of water movement is driven by natural forces but it 25 Urban Runoff Figure 7 is also affected by human actions. As urbanization takes place, changes in the physi- cal, chemical, and biological components of the watershed occur. The natural hydrology begins to change in response to the removal of veg- etated and forested areas and their replacement by maintained landscapes and im- pervious surfaces. Site clearing and grading prepare the land for the addition of impervious surfaces, such as roads, parking lots, driveways, and rooftops. This in turn reduces the capacity of the land to absorb and filter runoff before it enters the surface waters. Some of the changes in stream hydrology that result from urbanization include: increased volume and peak discharges, greater runoff ve- locity, increased severity and frequency of flood- ing, and reduced streamflow year around. And as human activities and population densities in- crease, corresponding increases in pollutant load- ings from these activities can be found, as indi- cated by current water quality studies (Mallin et al, 1995). While most of our water quality concerns and efforts focus on surface waters, groundwater also plays an important role in the quality and function of our streams. It also pro- vides the water supply for more than one-half of the county's population. Our groundwater system is comprised of several distinct waterbearing layers, or aquifers. The uppermost unconfined aquifer is the "surficial," a sandy layer ex- tending from the surface to approximately 20-75 feet. The two deeper confined aqui- fers are the Castle Hayne and Peedee, composed of limestone and sandstone respec- tively, and ranging from about 75 to 200 feet. Ground Water Flow Rates Source: Heath, 1983 WATER TABLE M Me 26 Within the coastal plain, groundwater discharge contributes from 60-90% of streamflow with overland runoff accounting for approximately 10-35%. The remain- ing balance is attributable to evaporation or plant uptake. As water percolates through the aquifer system at a very gradual rate, soils filter and purify it (figure 7). Re- cently, however, there has been some concern that surface runoff pollutants may enter the shallower surficial aquifer and be returned to streams via aquifer discharge (figure 8) (APES 1994 ). This would indicate that engineered surface runoff con- trols, designed to slow down overland flow and allow it to seep into the ground, may not provide adequate protection alone. Paths of Water Flow Source: Dunne and Leopold, 1978 Pradpitation 3 Estuary E O a Overland Flow ❑2 Groundwater Flow 5 Shallow Subsurface Stormflow It would also support the importance of retaining natural vegetative buffers of shrubs, trees, and grasses. The extensive root system and organically active soils can take up pollutants, such as nitrate nitrogen from fertilizers and septic systems, before they enter surface waters. This provides a filter for both surface runoff and groundwater discharge. Additional studies are needed in this area, and several are currently underway or about to begin in New Hanover County. A countywide groundwater study is currently underway to pro- vide more detailed information on the quantity, quality, rate of dis- charge, and recharge areas for the principal aquifers (figure 9). Pre- liminary analysis and modeling has already been completed. Field in- vestigations and drilling of test wells is about to begin. A drainage study has also been proposed for the Pages Creek watershed. A localized groundwater study is also being conducted in the Porter's Neck area of the watershed by the Northeast New Hanover O Conservancy.This was brought about due to problems experienced by local residents with their wells and concern over drawdown, saltwater intrusion and other factors that may affect the quality and availability Figure 8 Groundwater aquifers provide drinking water P*A of the groundwater supply in the future. Results from these studies are not yet avail- able. Surface water modeling has not yet been conducted, but it will be necessary in order to provide a complete hydrological analysis. Simple event based modeling techniques, analyzing data from 10/50/100 year interval, or other storm events, could be utilized to provide initial data in 1996. Further simulations could be conducted in subsequent years based on more complex continuous modeling techniques, which are more data intensive. These would require assistance from outside agencies such as the Corps of Engineers, EPA, the State or the University System, and would be dependent upon the level of funding. WATER QUALITY STUDIES In August of 1993, scientists from UNCW's Center for Marine Science Re- search began a comprehensive four year study that would focus on developing an under -standing of water quality in New Hanover County's major estuarine creeks. Sponsored by the County and the Northeast New Hanover Conservancy, the study was the beginning of a long term collaborative effort to gather data on the physical, chemical, and biotic aspects of water quality on Futch, Pages, Howe, Bradley, and Hewlett's Creeks. The goals of the study included: • Assessing the environmental health of each creek; • Determining the mechanisms and sources of water pollution; and • Recommending strategies for short and long-term management of water quality and pollution mitigation. The first year of the study (1993-94)focused on Howe and Hewlett's Creeks, with lesser studies undertaken on Pages and Bradley Creeks. The second year (1994- 95) focused on Futch and Pages Creeks, with lesser studies continuing on Howe, Hewlett's, and Bradley Creeks. Now in the third year (1995-96) of the study, re- search efforts will remain concentrated on Futch Creek and additional emphasis will begin on Bradley Creek, with lesser studies continuing on Howe, Pages, and Hewlett's Creeks. The research on Futch Creek involved sampling at eight stations throughout the creek (figure 10) for water temperature, salinity, dissolved oxygen, turbidity, pH, chlorophyll a, nutrients, benthic infauna, and fecal coliform bacteria. The study has indicated the following conditions and trends in water quality : O 28 TO BURGAw J 1. Ywk �• 1 TO CLIN7'ON _ _% 0 1or2 ! it : t:'.� :-'Y2•-���K . ''�1„L J � <•� • J . . 7n•: J TO WHrrEVILLE Wilmington 0 I O Q� �V Q CAROLINA BEACH INLET CAROLINA BEACH KURE BEACH NEW HANOVER COUNrIY /TO� JACKSONVILLE WRIGHTSVILLE BEACH MASONBORO INLET FIGURE 9 AQUIFER SENSITIVITY January 1991 Primary recharge area of principal aquifers (combined Castle Hayne and Peedee aquifers -confined artesian Secondary recharge areas for Castle Hayne or Peedee where occurring near land surface under water -table conditions Recharge area of Sandhill aquifer -water -table conditions 4 Chiefly a discharge area for ground -water flow 5 Nondescript area -a relatively poor aquifer and not a recharge source of principal aquifers 6 A shallow water -table sand aquifer and underlying artesian aquifer containing fresh water over salty water NEW INLET 0 FC-2 South channel 200 ft upstream of mouth FC-4 Near dock of 3rd house past side channel WA FC-6 Past bend at dock of 3rd brick house . . . . . . . FC-8 Main branch just past junction of Foy FC-1 3 Upstream main branch past side channel dock on Futch upstream branch WA FC-20 Headwaters of Futch.as far as boat goes. Foy About 0.5 miles up Foy Creek NIN, 'm ♦ �►�WIL'•��r ,, ion �t� �� r��� - � ~�1%'err �r �,�11� ♦ `�.�� Nutrient Loading - Evidence indicates that nutrient loading is already a problem on the creek's upper south branch and it appears to be excessive at times. If severe nutrient loadings continue, the ability of the creek to function as a primary nursery area may be compromised (Mallin et al 1995) (fig. I]) Excessive nutrient loading can result in eutrophication, low levels of dissolved oxygen (DO) in bottom water, elevated phytoplankton growth (algal blooms) and other related problems. Elevated levels of several indicators (chlorophyll a, nitrate, and orthophosphate) as well as bioassays , point to a nutrient problem. Urban runoff of fertilizers from lawns and gardens, agricultural operations, and golf courses ap- pears to be the probable source for much of the problem. Stormwater detention ponds may also be contributing to the problem at times. • Fecal Coliform Bacteria - Moderately high levels of bacterial pollution, exceeding the State's standard for shellfrshing, were found in the upper stations of the creek's south branch (Mallin et al 1995). Futch Creek is currently closed to shellfrshing. The N.C. Division of Shellfish Sanitation (DEHNR) uses fecal coliform levels as an indica- tor of coastal water quality. While fecal coliforms� themselves are not necessarily harmful to humans,. their abundance often indicates pollution and the I possible presence of other human pathogens. TheAl standards for the harvesting of shellfish are 1) fecal coliform samples geometric mean must not exceed 14 parts per 100 ml, and 2) no more than - a 10% of samples should exceed 43 parts per 100 ml in areas suspected of fecal contamination. No specific point sources for the pollution have been identified. The most probable source is urban runoff, which comes from developed areas as well as land disturbance during development. Other possible sources include unidentified septic system leakage, and wild animal concentrations. • Dissolved Oxygen - Problems with low dissolved oxygen, as levels were found below the State's minimum standard of 5.0 ppm for 30-40% of the bottom water sampling occasions in the upper stations of the creek's south branch. (Mallin et al 1995) Proper levels of DO are critical to maintaining water quality and aquatic life. Low levels can be attributed to the bacterial decomposition of organic matter from urban runoff which can severely deplete the DO, particularly after storm events. Higher water temperatures can also contribute to low DO problems, Closed Shellfish Beds 33 due to less holding capacity, which could result in greater problems with water qual- ity during the warmer summer months. Low dissolved oxygen has also been cited as the most widespread probable cause of estuarine water impairment throughout the Cape Fear Basin (DEM 1995). • Turbidity - Highest turbidities are found in the upper stations(FC 17&20), but none exceeded state standard. (Mallin et a11995) This is a measure of particulate matter in the water column. The State sets a limit of 25 NTU as an acceptable water quality standard. However, since these sampling results are from measurements taken at or near high tide, they should be considered conservative. Special studies in these creeks have shown that low tide and rainfall events may produce higher turbidity readings. • Heavy Metals - Concentrations of metals were within accepted ranges from literature values for non polluted sediments. (Mallin et al 1995) Sediment samples were analyzed for copper, cadmium and lead. These metals were selected because of their potential for toxicity and bioaccumulation by aquatic organisms, also because marine sediments are considered important sinks for these metals. Lead and cadmium have no known biological functions and are considered undesirable in water. Copper is an essential element for all living organisms, but high concentrations can have detrimental effects. • Stormwater Detention Ponds - The ability of "average " stormwater detention ponds to retain nutrients is quite variable, varying even within ponds. Coupled with substantial variation in values of water quality parameters and the frequent high values observed, we conclude that stormwater detention ponds may frequently discharge water of poor quality. (Mallin et al, 1994) More than 20 stormwater detention ponds were studied throughout the Hewletts and Bradley Creek watersheds during 1993-94.While more thorough studies are necessary to eliminate some of the uncertancies from the limited amount of data, some conclusions offered from the work to date include: • Stormwater detention ponds apparently detain water and suspended sol- ids as they are designed to do. • Stormwater detention ponds apparently remove nutrients from effluent waters only partially at best. • Low N:P ratios, high phosphorus levels, high chlorophyll a values, and the presence of blue-green algae strongly suggest that nitrogen fixation may occur rapidly in stormwater detention ponds, which make the ponds themselves a source of new nitrogen to their effluents and receiving waters. 34 TO CLINTON /f TO WHiTEVILLE --, Wilmington TO BURGAW s1 NEW HANOVER COUNTY `\ TO JACKSONVILLE 17 ieo mer (�� G� 0 17 MASON INLET i 76 amour ara WRIGHTSVILLE BEACH -- 1 ir.ror auQ MASONBORO INLET CAROLINA BEACH i@]KuRE BEACH OCJ 0 NEW INLET FIGURE 11 Primary Nursery Areas January 1991 Primary Nursery Areas ®Special Secondary Nursery Areas • Larger regional stormwater management structures, such as Anne McCrary Pond (Randall Parkway), may be much more effective at re- moving nutrients and more easily monitored than numerous small ponds. However, large systems may also be susceptible to nuisance algal and aquatic macrophyte growth. • Stormwater detention ponds exhibit highly variable water quality condi- tions. This variability makes conclusions drawn from detailed study of one or a few ponds of limited ap- plicability. Future studies must address this variability. SPECIAL PROJECTS The initial findings from these water qual- ity studies and previous studies lead to the development of a Clean Water Demonstra- tion Project for Futch Creek. This pilot project began in 1994 and was designed to study the effects of salinity and tidal flushing on the fe- cal coliform levels in the creek. The project consists of dredging two small channel openings through the shoals at the mouth of the creek and monitoring the upstream effects. The south channel was opened in May and the water quality results to date have been very promising (figure 12; table.3) Geometric mean of fecal coliform counts for all stations in Futch Creek, August 1994 - October 1995. Dredging of south channel occurred in April 1995. �� A S .O N D J F M A. M J J A S O month Dredging at the mouth of Futch Creek Figure 12 37 Table 3 Average fecal coliform abundance (CFU/100 rnQ by station in Futch Creek for pre -dredging data (August 1994 - March 1995) vs. post -dredging data (May O 1995 - October 1995). FC-4 2 3 12 4 FC-8 22 6 FG3.....:.: 106 24 FC-17 376 106 FOY 47 20 A substantial drop in fecal coliform abundance, with reductions of 45 to 80% in the various stations, has been recorded in the months following the dredging (Mallin, 1995). The N.C. Division of Environmental Health/Shellfish Sanitation has also found similar results from their recent sampling. If these positive results continue then the creek may be partially reopened to shellfishing on a temporary basis in 1996. The opening of the north channel later this year should provide further rein- forcement to these early findings, with increased tidal flushing and salinity. Sam- O pling will continue throughout the year to verify the effectiveness of the shoals removal on fecal coliform reduction.This project has been j ointly sponsored by New Hanover County, the Northeast New Hanover Conservancy, and Penderwatch; with funding provided by the Division of Soil and Water Conservation/DEHNR and the Conservancy. Other studies planned for the Futch Creek watershed include a Neighborhood Best Management Practices (BMP) Program, to gauge the impact of implementing management measures at the neighborhood level; and a Wild Animal Impact Study, to determine what if any impact concentrations of indiginous animal populations may be having on water quality indicators. SUMMARY/ANALYSIS In the Futch Creek watershed, the low overall density and impervious surface ratios that currently exist have been positive factors in protecting water quality. However, these are due in part to the areas distance from Wilmington which has resulted in less immediate pressure for development. Also, the lack of sewer system improvements to most of the watershed has served as a natural constraint to devel- opment due to the poor nature of the soils in some areas. . 38 Under current development regulations and projected land uses for the water- shed the water quality within Futch Creek will likely continue to decline. Some of the areas that need to be addressed if we are to protect and enhance the water quality of Futch Creek while providing for sustainable development include : Land Use Plan and Classifications Land Use Plan Implementation : This may be the most important area for improvement. Many of the implementation measures already called for in the land use plans would go a long way towards achieving the desired goals. However, too few are actually acted upon from one land use plan update to the next. There is a strong need evident for an imple- mentation schedule, something similar to that used for Capital Improve- ment Programs (CIP); with our "capital" being water quality, quality of life, and sustainable development. This would provide a prioritization of the work and help to ensure the translation of the words into action. Additional Classifications : Consideration should be given to the de- velopment of more discrete categories, similar to New Hanover County's Resource Protection classification. This would help to provide clearer, more specific expectations of land use policy and more effective imple- mentation. OInnovations & Alternatives : ` Estuarine watershed studies are continu- ing in New Hanover County, and are beginning in Pender County. These studies will provide valuable information for the next land use plan up- dates. This program should be considered for additional support and ex-, pansion throughout the coastal counties. • Incentives: There is a need to develop a more effective and comprehen- sive incentive system at both the state and local levels. It takes more than .traditional grant funding to develop meaningful land use plans. And it takes more than regulation to ensure effective implementation. The most successful planning efforts are built upon broad public support devel- oped at the local level. The key to which lies in education about the problems and support for the solutions. Water quality will be a driving force here. This is an issue that coastal residents and others understand and will unite to support. Zoning -Ordinance • Comprehensive Watershed Overlay : Absence of an overlay zone for o the estuarine watersheds limits ability to provide site specific regula- tions based upon defined needs of each watershed. Overlay zones are currently used for watersupply watersheds, as well as conservation re- kU sources (COD), and special highway corridors (SHOD). Overlay zones should be considered for all of the estuarine watersheds. Special Districts : The re ere has not been any use of the Planned Develop- ment (masterplan) regulations within the watershed. There has been some use of Performance Residential development. Conservation Overlay regu- lations are applied on a site specific basis. A thorough review is needed of the regulations and incentives provided for these zoning districts and as -built results of development to date to ensure desired objectives are being achieved. Residential Districts : Absence of any residential zone larger than R-20 limits ability to control density through larger lot development. Some areas of Futch Creek have naturally developed on larger lots and other areas of the watershed would also lend themselves to this type of devel- opment. Review and consideration of R40 or larger zoning districts is merited here. Innovations & Alternatives : Creation of a special Coastal Zoning Dis- trict is under consideration in Pender County to provide additional land use regulations for growth management. It was developed to address the differences between the coastal and rural areas of the county brought about by strong residential growth along the coast. A Conservation Over- lay District (COD) was developed in New Hanover County to protect O important environmental and cultural resources. Sharing of information and ideas between counties could provide mutually beneficial results here. Water Quality Regulations Exemptions : This may be the biggest problem area and obstacle to achiev- ing an effective water quality protection program. Current regulations exempt many projects under one acre, forestry and agricultural activi- ties, and single-family residences. These exemptions must be scrutinized due to their potential cumulative impacts on water quality. Buffers : There appears to be a need for greater use of performance based buffers and not just fixed distance standards. These could be watershed and stream specific, based upon soils, slope, and vegetation for a given area. Also, maintaining buffer areas over time appears to be a problem. Monitoring and maintenance for long term protection should be developed. • Impervious Surface Limits : Allowable limits under current regulations appear to provide only a minimum level of protection. Consideration O should be given to lower impervious surface limits and associated regu- 40 . lations, similar to those currently applied in water -supply watershed pro- tection rules, such as the WS41 classification. O Inspections & Enforcement : This area has typically shown a lack of P .r n'P Y commitment to stated water quality goals and objectives. Without an adequate inspection and enforcement program, the effectiveness of our water quality regulations will be limited. Loss of buffer areas, lack of maintenance for detention basins, and other problems result in cumulative water quality im- pacts. Sufficient resources must be dedicated to this area to ensure that we have the ability to monitor our initial efforts and take appropriate action when necessary. Funding for this taskshould be tied to performance based, long- term water quality objectives. Hydrology • Groundwater Studies : A groundwater study =CIE currently underway in New Hanover County should provide long needed information on the O groundwater aquifers. Long-term monitoring Dock across marsh will be required for the protection of this resource, to ensure the quality and availability of the groundwater supply. Available state and federal resources should be pursued to supplement local efforts. Regional coop- erative efforts will also be needed to ensure the thorough review and consideration of potential impacts on groundwater resources. Drainage Studies : A drainage study is currently under consideration for Pages Creek in New Hanover County. This could provide the foundation for needed county -wide stormwater control. Impact fees are being con- sidered by the City of Wilmington to provide for needed drainage im- provements. This has become an area of increasing concern due to flood- ing and water quality impacts from continued development throughout the region. A more comprehensive, regional approach to drainage should be considered, such as the development of a stormwater utility or water quality authority. Water Quality Studies O Research & Funding: The lack of significant long-term funding com- mitments can result in delays of needed research and missed opportuni- ties for solutions. Coordination of efforts among various public agen- 41 View across Middle Sound tant contributions of current water quality improve- ment efforts, as information/education about the problems and potential solutions. This helps to build broad public support for water quality objectives. Creative educational programs and public informa- tion opportunities should be supported or devel- oped. These could include cable access programs, public service announcements, and others. Innovations & Alternatives : Joint public/private water quality research efforts in New Hanover County resulted in development of a pilot project that has provided exciting, positive results to date. This effort may lead to the reopening of Futch Creek to shellfishing in the near future. The Corps of Engineers is considering participation in future projects. Addi- tional research efforts are underway on other creeks in both New Ha- nover and Pender County. These efforts will provide valuable informa- tion for upcoming land use plan updates.They also provide needed ques- tioning of old assumptions, which can lead to creative solutions to many of the problems at hand. Cooperative research efforts and opportunities for innovative projects should be more actively pursued and supported. Other Regulations Septic Systems : There are no current requirements for regular inspec- tions and maintenance of septic systems for single-family residences. Failed systems can result in significant impacts to estuarine waters, in- cluding closures to shellfishing. Implementation of a septic system per- mit and inspection program should be considered. See also: "Futch Creek Watershed Plan Goals & Objectives" 42 TO BURGAW TO CLINTON TO WHTTEVILLE --1 Wilmington 13 cvr •sear cam / •sMm C s , Q CAROLINA BEACH INLET CAROLINA BEACH KURE BEACH �1 NEW HANOVER COUNTY \ xTO JACKSONVILLE OGv MASON INLET WRIGHTSVILLE BEACH MASONBORO INLET FIGURE 13 SURFACE WATER QUALITY CLASSES January 1991 \\\\ SA SC SA/QRW BSw 0 SB CSw SB# WSIII SCSw ® SC/HQW# SC# These Water Classes are subject to protection toward maintaining "Best Usage". For more com- plete definitions, see "Classifications and water quality standards assigned to the waters of the Cape Fear River Basin", Division of Environmen- tal Management, November, 1990. K The foundation for the Futch Creek Watershed Plan can be found in the adopted goals and objectives of the Porter's Neck Community Plan (1989), the Wilmington - New Hanover Land Use Plan Update (1991-93), and the Pender County Land Use Plan Update (1991). The Porter's Neck Plan began to address the community's water quality and development pressure concerns with its adoption on September 5, 1989. The fol- lowing objectives and actions are excerpts from the plan: OBJECTIVES: OPreserve the excellent estuarine water quality of the creeks and sound, including the maintenance of open shellfish areas. Continue to provide adequate opportunity for Porters Neck residents to obtain good drinking water. • Encourage the orderly development of shopping and similar facilities along Market Street. RECOMMENDED ACTIONS: • Support the Outstanding Resource Water (ORW) designation by the State for Middle Sound. Adopt more stringent stormwater runoff and drainage controls for Middle Sound. The actual requirements may depend upon the standards adopted by the State for the ORW but likely will involve increased stormwater retention and support for community initiatives to relieve residential density through zoning. O Emphasize enforcement of the septic system regulations in the Porters Neck area. 45 • Continue to designate the Porters Neck community as a high priority area for expansion of the County sewer system. • Continue to implement and enforce both the Conservation Overlay Dis- trict (COD) of the Zoning Ordinance and the Sedimentation and Ero- sion Control Ordinance. • Support and strive for closer cooperation with State and Federal agen- cies that have environmental permitting functions. • Examine the potential for regulating bulkhead construction and chang- ing setbacks in order to anticipate the future impacts of sea level rise. • Restrict the development of new marinas or boating facilities that in- volve dredging or commercial boat service facilities (eg-painting), or that encourage the use of boats with heads but provide inadequate land based sewage treatment and disposal facilities. • Develop groundwater regulations by mid 1991. The Wilmington New Hanover Land Use Plan Update provided additional means to address the public's growing concern with declining water quality and development pressure along the creeks and sounds. With its adoption in 1993, many O important policies and implementation measures focused on the protection and res- toration of water quality within the estuarine watersheds. Some of these policies include : POLICIES Resource Protection 1.0(1) Preserve, protect and augment the area's important natural re- sources, which include the air, land, and sea environments. • 1.1(3) Development activities within the 100 year floodplain shall be carefully controlled to minimize development, encourage low intensity uses such as open space and recreation, and ensure strict compliance with state and federal regulations concerning wetland protection. 1.1(6) Development activities within the estuarine watersheds shall be carefully controlled to prevent the degradation of water quality in the creeks and sounds, and to ensure the protection of these vital natural O resources. Agricultural uses, golf course construction and maintenance should be designed and operated to minimize to the extent reasonable, 46 nutrient and pesticide loadings. The City and County shall monitor tech- nological advances and on -going scientific studies to determine whether Qestuarine shoreline setbacks and buffer regulations should be adopted • 1.1(7) To the extent that the cumulative impacts of land utilization and the ecological carrving ca acj& of coastal ecosystems are determined through study and analysis, such information shall be considered in the future development or revision of local plans, capital facilities, services and ordinances. • The City and County shall seek to preserve and restore shell rshing in all SA waters and to bring all coastala � waters designated or formerly des- ignated SA to the highest quality possible. • 1.1(9) Stormwater management shall be implemented to minimize non -point pollution to the maximum'kO extent necessary and practicable asST part of any redevelopment or infra M structure project funded by the pub- O lic. • 1.2(1) Estuarine waters, estuarine shorelines and public trust areas shall be prohibited from use by de- velopment activity which would result in significant adverse impact to the natural function of these ar- eas. • 1.2(3) Drainage from land use ac- tivities shall have rate of flow and Estuarine Shoreline volume characteristics as near to natural conditions as reasonable. • 1.2(8) The County and City shall take all necessary actions to prevent further deterioration of estuarine water quality and loss of public trust uses in the creeks and sounds and to bring all coastal waters up to the highest quality possible. • 1.3(1) Sources of potable surface and groundwater for the City and County shall be conserved and protected. The Castle Hayne Aquifer shall be O preserved in its present unpolluted state as the primary groundwater re- source in the county. 47 Resource Production & Management • 2.0(1) Short sighted or premature commitments of the area's natural re- O sources shall be avoided. • 2.0(2) Efforts by other governmental and private agencies to wisely man- age the natural resources of the area and the region shall be supported. • 2.4(1) The continued productivity of commercial and recreational fish- eries shall be enhance through the protection of the unique coastal eco- systems, including primary nursery areas, shellfish waters and coastal marshes, upon which they depend. • 2.4(2) Protection, preservation, and restoration of shellfishing in all SA waters shall be encouraged and pursued. Economic & Community Development • 3.0(2) Use of innovative and flexible planning and engineering practices and urban design standards shall be encouraged. • 3.0(6) Improved coordination between City and County planning and development efforts shall be accomplished through the use oiinterlocal O agreements and unified development codes, in order to promote consis- tency and to avoid future conflicts and costs of development. • 3.1(4) New residential development shall be designed to minimize im- pervious surfaces and maximize open space. • 3.1(10) An area's_ carrying can city shall be considered in the �ghasing and timing of new development. • 3.6(3) The City and County shall consider the adoption of a system of impact fees to ensure timely and economically sound provision ofpublic services to new development. • 3.7(2) The development of a uniform land use evaluation system for use by City and County officials and staffs shall be encouraged. • 3.7(3) Adequate landscaping and tree protection shall be encouraged for parking lots, residential areas, and commercial and industrial projects. • 3.7(7) Trails and greenways should be identified and developed into a comprehensive system. O 48 Public Participation O4.0(2)Neighborhood planning techniques shall be utilized to further en- courage public awareness and involvement in issues affecting neighbor- hoods. The 1991 Pender County Land Use Plan Update also provided strong support for water quality protection and associated development issues. The following poli- cies and implementation measures are excerpts from the adopted plan. Resource Protection • A. I. Pender County's overall policy and management objective for the estuarine system is "to give the highest priority to their protection and perpetuate their biological, social, economic, and aesthetic values and to ensure that development occurring within these AEC's is compatible with natural characteristics so as to minimize the liklihood of significant loss of private property and public resources." • A.2. County policy will be to permit development which is proposed to be located outside hydric soil areas and meets all zoning, Health Depart- ment, and flooding regulations and other State or federal regulations. Implementation : 1. Review and revise zoning ordinance to establish a Conservation District along creeks and rivers in areas subject to flooding or with hy- dric soils to protect these areas from inappropriate development. A.3(1) Pender County policy shall be to protect the water quality in designated ORW waters and in waters within-1 000 feet of designated ORW waters (ORW buffer). Development density in proximity to des- ignated Outstanding Resource Waters (ORW's) and within ORW buffer zone shall be only that allowed under applicable CAMA regulations or locally adopted regulations. A.3(2) There shall be no new or expanded marinas allowed in or adja- cent to waters designated ORW including adjacent to Futch Creek, Mill Creek and Old Topsail Creek or in the 1,000 foot ORW buffer area which includes water bodies within 1,000 feet of designated ORW wa- ters. 49 Implementation: 1. The County Planning Board will consider the establishment of an O ORW overlay zone that will require lower density development adjacent to ORW waters and adjacent to Futch Creek, Mill Creek and Old Topsail Creek, each of which drains into the ORW area. 2. The County Planning Board will review the possible use of storm water retention and detention ponds for future residential and non-residential development in any future ORW overlay district to reduce storm water runoff into adjacent creeks and ORW waters. 3. Pender County will encourage residential and non-residential develop- ment to participate in the Global Releaf Program sponsored jointly by the American Forestry Association and the National Association of Home Builders, particularly in the land areas adjacent to ORW waters. The purpose of the program is to encourage development that preserves and/ or establishes trees and forests to help protect the County's environ- ment. 4. To protect ORW water quality and the water quality in Futch Creek, Mill Creek and Old Topsail Creek, the County will encourage farmers to participate in the Conservation Reserve Program (CRP)_ sponsored by theUnited States Department of Agriculture. The program is designed to remove flood -prone croplands from agricultural production and con- vert them to conservation uses. The purpose is to improve wildlife habi- tat and improve water quality. The government will pay owners an an- nual rental payment and will cost -share in re-establishing bottom land and hardwoods on those wetlands determined to be eligible by the Soil Conservation Service. A.8. Pender County policy shall be to work to establish a Conservation District in the Zoning Ordinance to preserve existing wooded areas ad- iacent to rivers. creeks. tributaries. estuarine-watersand_O-R—W areas so they can continue to serve as a natural filter of stormwater runoff. The County will also begin the process of establishing sufficient stormwater management controls such as stormwater retention or detention facili- ties on future residential and non-residential developments to help en- sure the maintenance or improve the surface water quality in the County by controlling stormwater runoff. Implementation : 1. The County Planning Board will study the possible establishment of a O Stormwater Management Ordinance and procedure to be followed on all future development to ensure that stormwater runoff from future 50 development will have a minimal impact on the County's surface waters. a2. The Planning Board will work to establish a Conservation District adjacent to all rivers, creeks, tributaries, ORW, coastal and estuarine waters with appropriate permitted uses. Resource Production & Management B.2. Pender County policy shall be to continue to support the efficient planting and harvesting of commercial forest lands in upland areas or areas away from the County's rivers, creeks, tributaries and ORW wa- ters. Harvesting of hardwoods in Conservation areas adjacent to rivers, creeks, tributaries or ORW waters will be discouraged in an effort to protect water quality.... B.4. Pender County policy shall be to continue to work to maintain or improve the water quality in the coastal waters as well as all the other water bodies of the County by developing better stormwater manage- ment practices for the County and reducing future density in areas adja- cent to environmentally sensitive waters. OEconomic & Community Development C.1.Pender County policy shall continue to be to encourage both economic and community growth and development. Local officials will work to insure County citizen's prosperity while maintaining the quality of life in Pender County. C.2. ....County policy shall be to encourage industry that is consistent with the County's concern for the local environmental quality; there- fore, no industry that produces heavy emissions or discharges into the environment will be allowed to locate in Pender County. C.11. Pender County will work to establish a waterfront access program. Pender County policy will be to continue to work to obtain funds through State and federal programs such as the CAMA Access program and land and Water Conservation Funds to purchase and develop coastal and es- tuarine water access areas and access areas along the County's rivers and streams. • C 14(a) Pender County will continue to identify areas of the County with drainage problems and then work to improve drainage in those areas. 51 C14(d) In an effort to protect oyster rocks in Pender County, County officials will provide the State with a definition for oyster rocks for their consideration.. The definition is "a mound or slope formation, regardless O of size or shape, formed of shell and live oysters of any quality and adja- cent 25 feet surrounding such a formation." The Futch Creek Watershed Plan will build upon the strong foundation pro- vided by these policies. The following three goals are offered for consideration as the core mission statements for the plan; and a guide to our overall efforts to revive the water quality of our creeks and sounds and provide for sustainable development: Goal One: COOPERATION Seek out new avenues for communication and cooperation between local, state, and federal governments and agencies. Goal Two: PROTECTION Develop a comprehensive strategy to provide for environmental protection and sustainable coastal development within the Futch Creek Watershed. Goal Three: RESPONSIBILITY Foster awareness, understanding, and environmental stewardship through continued public participation and education. While these broad goals provide the overall direction, more specific objectives are necessary to define our course of action and measure the success of our efforts over time. Recommended objectives for the Futch Creek Watershed Plan include: Goal One: Cooperation Objectives: • Initiate and seek approval of an interlocal agreement with Pender County to jointly plan for the development and protection of the Futch Creek Watershed. Support and officially recognize a Watershed Advisory Committee for Futch Creek, to provide recommendations on the development of the watershed management plan and proposed development projects/issues within the community. n Continue support and seek further utilization of the Division of Soil & Water Conservation's (DEHNR) Agricultural Cost Share Program for Ufa Non -point Source Pollution control through Best Management Practice (BMP) implementation. OSeek further development and support for water quality education and technical assistance programs by the N.C. Cooperative Extension Service. • Seek development of new technical assistance and educational programs for landowners by the New Hanover County Soil and Water Conserva- tion District. • Support development of forestry BMP outreach, implementation and enforcement efforts by the Division of Forest Resources ( ). • Support review and amendment of sedimentation and erosion control requirements by the Sedimentation Control Commission to ensure sub- stantial protection of water quality. • Support and seek development of improved stormwater management practices by the Department of Transportation, including BMP inspections/ monitoring, and no direct discharges to surface waters and storm sewers. • Support the development of collaborative efforts between the Mining Commission, CRC, and EMC to ensure appropriate regulations to pro- tect ground and surface water quality. O Support evaluation and improvement of current rules and procedures for septic system siting, permitting and inspection by the Division of Environmental Health(DEHNR) to ensure water quality protection. View of Futch Creek Watershed Photo: Conrad Lohman 53 Goal Two: Protection Objectives: Consider and adopt a comprehensive Watershed Management Plan for Futch Creek. • Develop a comprehensive Watershed Protection Overlay Zone/Ordinance for consideration and adoption, to include • designation of a water quality critical area (Appendix D) • development of variable buffers and setbacks. • development of a drainage plan and standards. • development of impervious surface standards. • support for source reduction and natural filtration. • consideration of low density and clustering alternatives. • Develop specific reduction targets and action plans for nutrient loadings, sediment, and fecal coliform. • Request "Use Restoration" water quality classification and recovery plan implementation by DEHNR/DEM. N • Support development and adoption of better, source specific, indicators O of shellfish water contamination. • Develop groundwater aquifer data and management strategies through continuing studies, monitoring, and modeling. • Support comprehensive environmental reviews for development activi- ties that have potential to affect groundwater aquifers. • Evaluate existing Health Department regulations and develop a septic system siting, permitting, and inspection program to ensure consider- ation and protection of water quality. • Develop and implement a stormwater management program. • Provide incentives and technical assistance for the protection of privately owned critical habitat areas. 54 Goal Three: Responsibility O'Objectives : N • Continue support of estuarine water quality research by the Center for Marine Science Research at LJNCW and seek out additional sources of program support. • Support development of educational programs by public & private agen- cies, institutions, and groups that promote environmental stewardship and sustainable development. • Develop public involvement/outreach programs to ensure on -going, open communication with citizens about important issues. • Support the development of Creek Watch programs for each of the es- tuarine watersheds to provide greater citizen involvement in the moni- toring and protection of water quality through the use of volunteer net- works. • Support the development of Advisory Committees, to be comprised of area residents, for each of the estuarine watersheds; to provide recom- mendations to elected officials on all plans and proposed developments within that area. • Support the development of public information programs for use on the cable television local access channel to increase citizen awareness and encourage greater public participation. • Support the development of an --,-_ annual progress report on the , "State of the Environment and ��• Sustainable Development" to provide an assessment of the ef- fectiveness of our efforts.' Futch Creek marsh 55 UWA'[°]E1R51H[lEd1 MANAGEMENT °1[[°OOII.S LON ��.•lll"I'ti�lc"l�I There is a wide choice of water quality protection tools available today. These tools play an important part in any overall watershed protection strategy. If we are to be successful in achieving the stated goals and objectives of the Futch Creek Plan, then they must also be an integral part of our strategy. The following table (table 4) provides a brief summary of some of the water- shed management tools : M 57 U4 00 Applicability to Land Use Water Quality Protection Practice NON -REGULATORY: Legal Considerations Administrative Considerations Education Used to inform and involve A variety of public education None Requires administrative communityresidents with land techniques can be used support by state/local use and water quality issues, ranging from brochures and government, university, alternatives and solutions. forums, to special events extension service, and such as beach clean-up. othergroups/agencies. Studies/MonitoringUsed to gather data and 9 Community establishes water quality monitoring programs, Legally accepted method of Requires moderate monitor water quality q ty stream watch, etc. for each water quality protection. administrative support. watershed or other identified areas. Conservation Easements Used to protect resource by Community generally works in Legal considerations, mostly May require substantial preserving property in its partnership with non-profit land involving liability. administrative support. natural, undeveloped condition, conservation groups. Tax similar to private deed incentives for landowners. restriction. Emergency Management Used to ensure appropriate Community prepares None Significant up -front planning Plans response in case of contingency plans involving required; may require substan- contaminant release or other a wide range of county, tial administrative support. emergencies. municipal and state officials. Waste/Hazardous Waste Used to reduce accumulation Communities sponsor Legal issues involved with Administered by local Collection of waste/hazardous waste hazardous waste collection collection, transport and government but may involve materials from illegal dumping. events; provide waste disposal of hazardous waste. private contractor. collection sites, or curbside pick-up. REGULATORY: Overlay Zoning Used to map watershed protection area; provides for identification of sensitive areas for protection. Used in conjunction with other tools listed below. O Community identifies the watershed protection area on base/zoning maps. N Legally accepted method of identifying sensitive areas; requires rational connection to resource protection to avoid challenge over arbitray delineation. Requires staff time for initial study and development; additional administrative support for implementation and enforcement depending upon other tools used. Q 1 of 3 0 Natural Buffer Requirements Impervious Surface Standards Stormwater Drainage Requirements Site Clearing/Sedimentation and Erosion Control Standards Street/Parking Standards Septic System Siting/ Inspection/Maintenance Applicability to Water Quality Protection Used as a filter to capture excess nutrients, sediments, and other potential pollutants. Used to moderate stormwater runoff impacts by limiting amount of man-made surfaces that would impede the natural infiltration of rainfall. Used to moderate stormwater runoff impacts by installing engineered BMP* systems such as infiltration basins, swales, filter strips, retention ponds, created wetlands, etc. Used to mitigate development impacts by minimizing soil erosion, stabilizing cleared areas, and preserving existing trees. Used to moderate stormwater runoff impacts by reducing impervious/paved surfaces, use of altemativve construction materials, and conveying/ retaining surface runoff. Used to prevent wastewater impacts from failing septic systems by ensuring proper location, periodic inspection, and necessary repair or upgrades are made. OAdmini��e Land Use Practice Legal Considerations Considerations Community identifies protected buffer area by zoning ordinance, usually ranging from 25 -100 ft. from waters edge or mean high tide; No construction, grading, or disturbance allowed in buffer area. Community sets limits for impervious surface by zoning ordinance, usually ranging from 6 to 30%, with standards based on proximity to sensitive waters, density water quality goals and scientific evidence. Community establishes stormwater standards based on proximity to sensitive waters, development density, and water quality goals. Community establishes clearing and grading standards within zoning and subdivision regulations. Community establishes modified standards for street and parking area design within subdivision and zoning regulations; linked to impervious surface and drainage standards. Community adopts health/ zoning ordinance requiring permit and inspections on a regular basis (i.e. 2-3 years) or upon title/property transfer. Legally accepted land use planning tool; requires rational connection to resource protection to avoid challenge over arbitrary delineation. Legal consideration as noted above. Well accepted legal purpose of subdivision and development regulations. Legally accepted land use planning tool. Legally accepted land use planning tool. Legally accepted land use planning tool to ensure protection of public health. Requires additional staff time for project review process, construction site inspections and follow-up monitoring and enforcement. Additional staff time as noted above. Requires additional staff time for plan review and construction inspection. Periodic inspections and maintenance required for some BMP systems. Requires additional staff time for plan review, construction inspection, and follow-up/ monitoring. Requires additional staff time for plan review and construction inspection. Requires administrative support and on -site inspections. ' 2of3 � * BMP — Best Management Practices c Applicability to Administrative Water Quality Protection Land Use Practice Lecial Considerations Considerations Cluster Development Used to mitigate development Community establishes cluster Legally accepted option for Requires additonal staff impacts by concentrating development option by zoning residential land use time for plan review and allowable density in one or ordinance and identifies development. construction inspection. more areas of a site; allows allowable areas/criteria. protection of sensitive resources and open space preservation. Density Zoning Used to reduce impacts of Community increases the Well recognized prerogative of Requires staff time for initial development by limiting minimum acreage requirement local government; requires study and development of residential density. for residential development. rational connection between zoning ordinance amendment/ minimum lot size and resource maps. protection goals. Sensitive Habitat Used to provide protection for Community establishes Legally accepted land use Requires additional staff Protection specific resources that may be sensitive resource ordinance planning tool; requires rational time for plan review and adversely impacted by through zoning or subdivision connection to resource construction inspection. development, such as estua- regulations and identifies areas protection to avoid challenge rine shorelines, wetlands, on base maps. over arbitrary delineation. endangered species habitats, and others. Used to lower density and Community provides transfer Legally accepted land use May require significant Transferof reduce development impacts option within zoning ordinance planning tool, however, no staff time to develop and Development Rights by transferring development and identifies areas where specific State enabling administer (TDR's) rights from environmentally development is to be legislation in North Carolina. sensitive areas to other transferred "from" and "to". designated growth areas; allows protection of sensitive resources and open space preservation. Legislative: Stormwater Utility or Water Quality Authority (WQA) Used to provide regional water quality protection through development and implementa- tion of long term management plans to meet overall water quality goals and objectives. Communities may establish stormwater districts (based on drainage basins); or use interlocal agreements to ceritfy a WQA (larger regional focus). 1101 Legally accepted method of protecting regional water quality; however, no specific State authorization for WQA. Administrative requirements may range from moderate to significant depending upon specific goals of the district, or WQA. 0 3 of 3 Jan. 1996 U RECOMMENDAT IONS FOR A I I �7l'dON 1111� ��t'l I l�l Il The following actions on the Futch Creek Watershed Plan are recommended for consideration by the New Hanover County Board of County Commissioners: 1. Direct the Planning Board and staff to continue development of a comprehensive watershed management plan and ordinance for consideration by the Board of Commissioners. 2. Appoint members to a community steering committee, comprised of residents of the Futch Creek watershed (ie - watershed advisory committee), to provide assistance to the OPlanning Board and work in conjunction with the staff, UNCW, and other designated or interested groups to complete the development of a comprehensive watershed management plan and ordinance. 3. Direct the staff to pursue and develop an interlocal agreement with Pender County, for consideration by the Board of Commissioners, that will provide for the joint planning, protection, and sustainable development of the Futch Creek watershed. Ee 61 \_ l USTAINABLE COASTAL DEVELOPMENT MC A, ISS 10 Sustainable development can mean different things from one person to the next. Generally, the term "sustainable" means activities or actions that can be main- tained over time, and "development" refers to expansion or growth. While some- times mistakenly perceived as growth vs. environment it is actually growth with the environment, that can be maintained over decades. It involves development that meets the needs of the present without compromising the ability to meet the needs of future generations. While there is some agreement that sustainability involves protecting future generations interests, there has been little consensus on how to proceed. Not unlike Othe current debate about a "balanced budget", something most agree is desirable but few can agree on how to achieve. But agree and proceed we must. THE ECONOMY, FREE MARKETS, AND CLEAN WATER At times some people question doing anything to restrict economic growth and development, even when issues of water quality and the overall quality of life are at stake. Sometimes this is due to uncertainties about economic'prosperity and job stability, or concerns over education, crime, and other issues. This can make environmental problems seem like secondary concerns, but usually not for long. Others simply oppose any additional regulations or prefer to let the free market work to solve the problem. Unfortunately, this can result in many of the ill-effects that we are experienc- ing from our growth and development today. This is particularly true for our natural resources, such as clean water, because it is difficult to place a value on clean water to properly account for it as a natural asset, and it is equally difficult to determine charges for uses of the environment that diminish the value or quality of that asset. As a consequence, the pollution from our subdivisions, golf courses, and even our own back yards makes its way into our waterways, with no apparent cost to us. 63 THE COSTS OF DOING NOTHING O But eventually someone has to absorb the costs of a decline in water quality. Such as the fisherman, who will absorb some of the costs through t� reduced oyster harvests because more and more areas have been closed to shellfishing. And consumers will also absorb the costs through higher prices for oysters due to a reduced supply. But the source of the pollution - whether from a business, a development, or an individuals own back yard, fi s has not had to absorb these costs. They have exported these pollution costs to others, using water as the vehicle. ' Why are these costs ignored or overlooked ? Simply because it can be very difficult and expensive to determine the individual contribution -- - -� from a subdivision, farm, or home to the overall decline in water quality. -§ But just because the solution may be difficult does not mean we should not attempt it. Future Generations These cumulative costs can be very significant. Closures to shell - fishing alone account for substantial losses for our fishing industry every year. Other costs include lost tourism dollars which affects hotels and restaurants, and loss of retail sales such as boats and fishing supplies. Many of these losses were recently experienced in Jacksonville and along the New River, as the pollution from only a few upstream hog farming operations brought life and economic vitality to a stand- O still during the summer. And what of the costs to the community that feels its "quality of life" slipping away? Immeasurable in dollars but leaving us with a feel- ing of loss, nonetheless. SUSTAINABLE COASTAL COMMUNITIES So what will our legacy be to our children and grandchildren? Will we tell the stories of what once was and long for a past that can never be reclaimed? Or will we have the vision to do more? We do have a choice and we still have the time to exercise it. And we need not choose one thing at the expense of the other, we can do both. Because the environment is an important and inseparable part of our economy. They complement each other. And the things we do to pursue better water quality might also give us better communi- ties; sustainable communities; and a shared sense of place to be proudly passed from one generation to the next. 64 REFERENCES O1. "A Guide to Protecting Coastal Resources Through the CAMA Permit Program," Division of Coastal Management, 1988. 2. "A Guide to North Carolina's Tidal Saltwater Classifications," Cape Fear Council of Governments, November 1995. 3. "Blueprint to Protect Coastal Water Quality - A Guide to Successful Growth Management in the Coastal Region of North Carolina," Center for Water- shed Protection, Land Ethics Inc., Neuse River C.O.G., 1995. 4. "Cape Fear River Basinwide Water Quality Management Plan (Draft)," N. C. Division of Environmental Management, 1995. 5. "Champions - The History of the Cornelia Nixon Davis Health Care Center at Porters Neck, Wilmington, North Carolina, 1966-1991," Diane Cobb Cashman, 1991. 6. "Charting a Course for Our Coast - A Report to the Governor," North Carolina Coastal Futures Committee, September 1994. O 7. "Classification of Soils in New Hanover County for Septic Tank Suitabil- ity," New Hanover County Planning Department, 1980. 8. "Classifications and Water Quality Standards Assigned to the Waters of the Cape Fear River Basin," Division of Environmental Management, 1990. 9. "Coastal Protection Program - Workshops in Innovative Management Techniques for Estuaries, Wetlands, and Near Coastal Waters," Office of Wet- lands, Oceans, and Watersheds, U.S. Environmental Protection Agency, 1995. 10. "Comprehensive Conservation and Management Plan," Albemarle - Pamlico Estuarine Study(APES), November 1994. 11. "Conservation Resources in New Hanover County," New Hanover County Planning Department & David DuMond, 1990. 12. "Drinking Water in New Hanover County," New Hanover County Plan- ning Department, 1989. 13. "Environmental Resources and Constraints in New Hanover County," New Hanover County Planning Department, December 1991. . O14. "Existing Land use in New Hanover County," New Hanover County Planning Department, December 1991. 65 15. "Futch Creek Environmental Analysis Report," Center for Marine Science Research, University of North Carolina at Wilmington, April 1993. O 16. "Future Land Use of New Hanover County," New Hanover County Plan- ning Department, September 1992. 17. "Groundwater and Public Policy Series," Groundwater Policy Education Project. Cooperative Extension, Soil & Water Conservation Society, Freshwater Foundation, July 1991. 18. "Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters," U.S. Environmental Protection Agency, January 1993. 19. "Healthy Coasts, Healthy Economy: A National Overview of America's Coasts," Michael L. Weber, Coast Alliance, June 1995. 20. "Is Golfmg Green? The Impacts of Golf Courses on the Coastal Environ- ment," Symposium Proceedings, UNCW, N.C. Cooperative Extension Service, N. C. Coastal Federation, March 1993. 21. "Land Use and Water Quality - A Guide to Understanding Nonpoint- Source Pollution and Creating Local Management Programs," N.C. Cooperative Extension Service, March 1992. O 22. "Monitoring for Advocacy," The Volunteer Monitor - National Newsletter of Volunteer Water Quality Monitoring, Volume 4, No. 1, Spring 1992. 23. "New Hanover County Estuarine Watersheds - Preliminary Report," New Hanover County Planning Department, September 1993. 24. "North Carolina Coastal Nonpoint Pollution Control Program," Volume IV: Urban and Developing Areas, North Carolina Department of Environment, Health, and Natural Resources, July 1995. 25. "Pender County, North Carolina Zoning Ordinance," Pender County Planning Department, 1995. 26. "Policies for Growth and Development'- Wilmington -New Hanover County Land Use Plan Update, New Hanover County Planning Department, November 1993. 27. "Porters Neck - Facing the Future," New Hanover County Planning Department, September 1989. 28. "Protecting Coastal and Wetland Resources, - A Guide for Local Govern- v ments," U.S. Environmental Protection Agency, October 1992. 29. "Protecting Local Underground Water Supplies - A Wellhead Protection Worshop," N. C. Cooperative Extension Service, N. C. Department of Environ- J ment, Health and Natural Resources, January 1993. 30. "Stormwater Management in North Carolina - A Guide for Local Offi- cials," Land of Sky Regional Council, Asheville, N.C., February 1994. 31. "Water Quality and Waste Management - Economic Impacts of the Water Supply Watershed Protection Act," N. C. Cooperative Extension Service, 1993. 32. "Water Quality in New Hanover County Tidal Creeks 1993-1994," Mallin et al, Center for Marine Science Research, University of North Carolina at Wilmington, N.C., 1994. 33. "Water Quality in New Hanover County Tidal Creeks 1994-1995," Mallin t a Center for Marine Science Research, University of North Carolina at Wilmington, N.C., 1995. 34. "Watershed Planning in the Albemarle -Pamlico Estuarine System - Report 2 - Groundwater Discharge and a Review of Groundwater Quality Data," Research Triangle Institute, May 1993. 35. "Zoning Ordinance - New Hanover County, North Carolina," New Ha- nover County Planning Department, 1995. 36. "1991 Pender County Land Use Plan Update," Howard T. Capps and Associates, July 1992. EO 67 r �- O O O Futch Creek Watershed . Ahouui Fuinh Creek. 0 The future of due to the cumula- Futch Creek stands tive impacts of at an historic urbanization. But crossroads today. today we have the As urban growth knowledge and the continues through- tools at our out the creek basin, disposal to change litany of our current the habits of the land use practices past, and continue threaten the water " �16'grow into the �bality and sustain- etch` Creek able development watershed. while - -for future genera- protecting the tions. The degraded quality of the.water quality; of Futch in Futch Creek: Creek's waters =' serves as an indicator of the watersheds x'declining health C®6.u.A!G/L 1L/e�e ®pnnnenni.00 . The Futch Creek Watershed Plan proposes a strategy for environmental stewardship and sustain-. Sustainable choices, while we able development based upon the following goals: coastal develop- still have the time to Cooperation: Seek our new avenues ment involves make those choices. for communication and cooperation meeting the needs Then, with contin= between local, state, and federal govern - of the present ued initiative and a ments and agencies. without com romis- p cooperative spirit, ing the ability to the Futch Creek � Protection: Develop a comprehensive meet the needs of. Watershed Plan will strategy to provide for environmental protection and sustainable coastal Bevel - future generations.. be successful. And opment within the Futch Creek Watershed. „ It requires that we with it, we will begin ' account for the the transition to Responsibility: Foster awareness, value of our natural sustainable coastal understanding, and environmental stew - resources, such as development, ardship through continued public participa- clean water, and environmental tion and education. invest in its protec- tion as an asset for stewardship, and "livable communi- ' Implementation of these goals would include: future generations. ties" for our children, 1. development of an interlocal agreement with Fender County; 2. adoption of a comprehensive And it requires that q our grandchildren, g _watershed plan and overlay zone; 3. support of we make difficult and ourselves. education and research efforts; and other objec- A C omm una�,.C®n�Mi6!iwn e. o e Realizing our goals for Futch Creek requires that we care about the watershed and the quality of life both now and for future generations. It is a community responsibility that will depend upon the dedication of the citizens, community groups, and public agencies that have concern for it's future.. Ifwe are to provide for sustainable coastal development and environmental protection then we must have both a vision of and commitment to the future of our.community. And the translation of our words into action:will be the measure of that commitment. Each and every person that lives, works, and plays within the boundaries of the Futch Creek watershed will play an integral partin determining its future. And through our actions, we can begin to revive the water quality in our creeks and sounds, and ensure their continued use and enjoyment for generations to come. For more information on the Futch Creek Watershed or to find out how you can become involved, call the New Hanover County Planning Department at (910)341-7165. A m ERSHED'� the land which drains into a body of o o Water such as a lake, river, stream, or -Z m wetland. Watersheds obey only gravity and M the movement of water. They ignore the to o A boundaries of man. a rn 0 ro JOFF EDIMENTATIOIJ nwater, Occurs when w '� snowmelt, or' soil particles which irrigation which are carried off the A o doesn't infiltrate land enter surface into the ground waters and settle Z • and runs over or, out. When the soil "off"the the land, particles settle out, picking up soil they fill in streams, particles and other lakes, and wetlands, pollutants as it and cover up habitat goes, and carrying needed by fish and them to surface other aquatic waters: organisms. UR AN RUNOFF ccurs because the natural filtration system is covered with impervious surfaces such as roads and buildings. Before urbanization,'most rain water is infiltrated into the ground thtough wetlands and depressions. Once the land -is; urbanized, very little water is able to infiltrate into the ground unless appropriate stormwater systems, such as retention ponds, are constructed in key locations. (LM (t (fit r boil PCrcolaGon waeer'teaei .+ HYDROLOGIC CYCLE The most basic concept of watershed management is to try to i maintain the natural hydrologic balance. If land is developed, areas of Infiltration decrease, transpiration decreases (because vegetation is removed) and runoff increases. . 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SIRS, VS■.■■- ■■ ■■ ■fir.\■■■■■■■1�■1 \■■ui ■1 ■■ u■ ■■■■ ■■ MIA, .11uru.. I1;1 1■■■.■■■r.■y■■■■.■■ Pi■ 11 'seer■. ■P■■YV.■■.Rill■ Ir■III lur■■n u� ■ a/r urgl .u■uuuu■ Hr uu mmirliiiiwm� BEEN; uuu■uuuv,ur ■unl �uu■H.�--•�•■r r■u vuu■uuiuu nu■,� \.' 1 ■11■r l � Ir.■R■f�l Home n Im■ ■: I I �i !uu■�' ■■ ■■1 �iH■I u■ .nu i E ■ . .■■■^, urn .v iu■1 ry •. ■■ul Hemet ■1__ 1■■1 r iiuv uc--rl ■, �n ■■► ■ii ■u►■r ", ■. u., a ■r ur u■1 ■■■Il■t ■■ u■► a, u w meal ■■■.r i■u■ u■■. ■► a u■ Imrr ■S ■■u■ uu► 1 s .PV Imes 1 u run 'i a „ie1 1r■19 Is I" i ■ it ■on■ r_ _ .. ■ u ..,..-.. so■■t■ l.■■■■I V' ■■n■I ■■am ■■■ A 410 MEMO mom M:L or ■ ■ • ■ o■■■:■■■■■■■I�i 10.•■0o Hun ■ �uu■o■�■■■■■l ■ iouH, iHu■ Plan Summary I. PURPOSE OF THE PLAN The 1993 Wilmington -New Hanover County Land Use Plan Update will serve as the blueprint for the area's growth into the twenty-first century. The Land Use Plan performs several important functions: A. Guidance for Government Decisions - The Land Use Plan's "Policies for Growth and Development" and "Land Classification Map" provide guidance to government officials in planning facilities, preparing regula- tions, issuing permits and in day-to-day decision making. The public, particularly developers, also benefit by using the Plan to anticipate governmental actions. B. Source of Information - The Land Use Plan and supporting technical studies provide valuable information on the local economy, population, environmental resources, community facilities and land use. C. Public Participation and Support - Numerous public meetings, the circulation of drafts, and various other means, helped ensure not only that the plan is a consensus of people's wishes, but also that the Plan will have the political support needed for implementation. COMPONENTS OF THE PLAN The Land Use Plan consists of three major components: Technical Reports and Studies, Policies for Growth and Development, and the Land Classification Map, each of which is discussed in the following summary. The complete Plan is available from the City and County Planning Departments. A. Technical Reports The following series of Technical Reports was prepared as a basis for developing the Policies and the Land Classification Map. 1. Population Study of New Hanover County The County is growing at a rate 25% faster than that of the State. The County's growth will continue to outpace the State's due primarily to in -migration. 2. The Economy of New Hanover County The local economy is strengthening as the County continues to assert its role as the trade and service center for southeastern North Carolina. Non -manufacturing jobs account for most of the significant increase in the County's employment base. 3. Existing Land Use in New Hanover County Residential development consumes almost 50% of developed land in the City and County. Approxi- mately 79,000 acres remain undeveloped with all but 5% of the undeveloped land being in the unincorporated County. 4. Area Service Guide This report surveyed public capital facilities and services in the County and City. The area's cultural resources are also highlighted in this document. 5. A Planning Guide: Summarization of Planning Reports Since 1986 (City of Wilmington) This report discusses the ordinances, plans and other documents presently guiding growth in the City of Wilmington. 6. A Summary of Plans, Policies, and Regulations in New Hanover County This report discusses the ordinances, plans and other documents presently guiding growth in New Hanover County. 7. Wilmington's Forecast: "Today and Tomorrow" This report assesses current conditions and area trends which will be necessary to guide land use and development in the community for the next decade. 8. Hurricane Mitigation and Reconstruction Plan In anticipation of a hurricane or other disaster, this plan can be used to mitigate the loss of life and property which may occur. The acquisition of high risk areas for open space and recreation is one of the best mitigating measures a local government can use. 9. Environmental Resources and Constraints in New Hanover County This report provides an evaluation of many factors affecting the County's environment. Protection of estuarine surface and ground water quality remains among the most important environmental issues facing the County. 10. Future Land Use of New Hanover County Residential development will continue to be the dominant land use in the County. The propagation of commercial "strip" developments along major roads and at intersections should be minimized. Summary of the Wilmington - New Hanover County Land Use Plan 1993 Update Adopted by: Wilmington City Council October 19, 1993 New Hanover County Board of Commssioners November 1, 1993 Certified by: Coastal Resources Commission November 19, 1993 B. Policies for Growth and Development An extensive and thorough information gathering process which included compilation of the technical reports, numerous public hearings and careful consideration by the City Council and County Commissioners culmi- nated in the adoption of the policies contained in this document. These officially adopted policies will guide future decisions on land use, the provision of public facilities and the management of the County's many and varied resources. C. Land Classification Map The Land Classification Map, presented on the reverse side of this document, divides the County and City into different land classes, based on such factors as desired growth densities, availability of services and natural resource constraints. These different classes, which are detailed in the text of the next section, were established using the same process as described for the Policies. Land Classes 1. DEVELOPED provides for continued intensive development of existing urban areas. 2. URBAN TRANSITION allows for intensive urban development on lands that have been or will be provided with necessary urban services. Residential development can exceed 2.5 units/acre provided the development shall be serviced by City or County sewer systems and has direct access to a major road. Urban transition areas are suitable for closed water systems. 3. LIMITED TRANSITION identifies areas where increased development is expected to occur. Residential density in Limited Transition areas should be no more than 2.5 units/acre with lower density more desirable. The use of clustering and Planned Unit Development (PUD) is encouraged for these areas. 4. COMMUNITY allows for "crossroads" type development to help meet limited service and residential needs in the less developed areas of the County. Services may be provided to these areas but not to stimulate more intensive development. Areas typically consist of clustered, mixed land uses. 5. RURAL provides for low density residential development not to exceed 2.5 units/acre where urban services cannot be economically provided. Industry, agriculture, forestry and mineral extraction are suitable for isolated rural locations. Policies for Growth & Development 1.0 RESOURCE PROTECTION POLICIES 1.0(1) Preserve, protect and augment the area's important natural resources, which include the air, land and sea environments. 1.1 NATURAL RESOURCE CONSTRAINTS ON DEVELOPMENT POLICIES 1.1(1) Development activities in ocean erodible areas, high hazard flood areas, and inlet hazard areas shall be carefully controlled. The proper location and design of shoreline structures and the preservation of natural protective features shall be required. 1.1(2) Barrier islands which have the following five characteristics shall be developed only for water dependent uses such as pleasure boat docks and landings; they shall not be developed for residential use: a. The land is a barrier island or part of a harrier island with a density equal to or less than one residential unit per five acres. b. The barrier island area has been assigned the most severe rank with regard to hurricane forces. C. The barrier island area is not connected to the mainland by a permanent network of roads and bridges that would allow safe and timely evacuation by land rather than by boat. d. The barrier island area does not qualify for the National Flood Insurance Program as administered by the Federal Emergency Management Agency. e. The barrier island area is classified as Conservation in the Land Use Plan. 1.1(3) Development activities within the 100 year floodplain shall be carefully controlled to minimize development, encourage low intensity uses such as open space and recreation, and ensure strict compliance with state and federal regulations concerning wetland protection. 1.1(4) Shoreline erosion control and channel maintenance projects shall be supported only where: a. No significant adverse impacts will occur on shoreline dynamics; b. Significant economic or recreational benefits will occur for planning area residents; and C. The public shoreline will be the primary beneficiary in erosion control projects. 1.1(5) Development on class IV soils as defined in the 1981 technical report, Classification of Soils in New Hanover County for Septic Tank Suitability shall be limited and septic tanks shall not be allowed. 1.1(6) Development activities within the estuarine watersheds shall be carefully controlled to prevent the degradation of water quality in the creeks and sounds, and to ensure the protection of these vital natural resources. Agriculture uses, golf course construction and maintenance should be designed and operated to minimize to the extent reasonable, nutrient and pesticide loadings. The City and County shall monitor technological advances and ongoing scientific studies to determine whether estuarine shoreline setbacks and buffer regulations should be adopted. 1.1(7) To the extent that the cumulative impacts of land utilization and the ecological carrying capacity of coastal ecosystems are determined through study and analysis, such information shall be considered in the future development or revision of local plans, capital facilities, services and ordinances. 1.1(8) The City and County shall seek to preserve and restore shellfishing in all SA waters and to bring all coastal waters designated or formerly designated SA to the highest quality possible. 1.1(9) Stormwater management shall be implemented to minimize nonpoint pollution to the maximum extent necessary and practicable as part of any redevelopment or infrastructure project funded by the public. 1.1(10) Collection systems that directly discharge stormwater to surface waters will be eliminated whenever possible as part of any redevelopment project. 1.2 PROTECTION OF CAMA-DEFINED AREAS OF ENVIRONMENTAL CONCERN 1.2(1) Estuarine waters, estuarine shorelines and public trust areas shall be prohibited from use by development activity which would result in significant adverse impact to the natural function of these areas. 1.2(2) Development of estuarine system islands shall be permitted only if proper measures are taken for hurricane evacuation, utilities provision, access on and off the island, pollution control, and other design considerations that will ensure compatibility of the development with the estuarine systems. 1.2(3) Drainage from land use activities shall have rate of flow and volume characteristics as near to natural conditions as reasonable. 1.2(4) The phased development and extension of the County sewer system shall be continued and encouraged as a means of eliminating pollution from malfunctioning or inadequate septic systems and package treatment plants. 1.2(5) In order to protect estuarine water quality, only sewage treatment plants of the highest quality, whose standards of operation provide the greatest measure of protection feasible shall be allowed to discharge into public surface waters and then only if it is not feasible to connect to the public sewer system. 1.2(6) The development of marinas shall be supported as a means of providing public access to the extent that their development shall not adversely impact estuarine resources or public trust waters. 1.2(7) Floating home development shall be prohibited in order to protect our public trust and estuarine waters. 1.2(8) The County and City shall take all necessary actions to prevent further deterioration of estuarine water quality and loss of public trust uses in the creeks and sounds and to bring all coastal waters up to the highest quality possible. 1.2(9) The City and County shall allow uses of estuarine and public trust waters that provide benefits to the public and which satisfy riparian access needs of private property owners. 1.2(10) The City and County shall support strict enforcement of state regulations for dredging in primary nursery areas. 1.2(11) No mowing or clearcutting of coastal wetland vegetation shall be allowed within any coastal wetland AEC except where supported by sound scientific and technical knowledge. 1.2(12) Recognizing that adequate, properly sited boat access facilities are essential to the preservation of both the economy and the environment, it shall be the policy of the City and County to provide additional boat access facilities. 1.2(13) The County shall pursue a policy of "retreat" along our estuarine shorelines in order to accommodate future sea level rise and wetland migration. 1.3 1.4 1.5 2.0 2.1. 2.2 2.3 6. CONSERVATION provides for effective long-term management of significant, limited or irreplaceable areas. Generally, all marshes and adjacent lands within the 100-year floodplain have been classified as "Conservation". Exceptions to the 100-year floodplain criterion are limited to water dependent uses (i.e., uses that cannot function elsewhere), shared industrial access corridors and exceptionally designed development proposals on relatively high ground where adverse impacts to the estuarine system can be shown to be negligible, if any. Residential density cannot exceed 2.5 units/acre. 2.4 7. RESOURCE PROTECTION provides for the preservation and protection of important natural, historic, scenic, wildlife, and recreational resources. Residential density cannot exceed 2.5 units/acre. 2.5 2.6 3.0 3.1 1.2(14) Bulkhead construction along our marsh wetlands shall comply with all state and federal regulations. POTABLE WATER SUPPLY POLICY 1.3(1) Sources of potable surface and groundwater for the City and County shall be conserved and protected. The Castle Hayne Aquifer shall be preserved in its present unpolluted state as the primary groundwater resource in the County. POLICIES IN THE CONSIDERATION OF OTHER FRAGILE OR HAZARDOUS AREAS 1.40) Plans for the safe transportation of hazardous materials, for the prevention and clean-up of spills of toxic materials, and for the evacuation of area residents in response to natural or man-made hazardous events shall continue to be supported. 1.4(2) The siting of all industries, including energy facilities and high voltage utilities, shall be carefully reviewed to ensure the protection of area residents and natural resources. 1.4(3) The County's innovative incinerator and landfill system shall continue to be supported and improved. 1.4(4) The City and County shall ensure the compatibility of surrounding land uses with the New Hanover County Airport. 1.4(5) The City and County shall eliminate illegal trash dumping and landfills through strict enforcement. 1.4(6) The City and County shall continue to seek ways to reduce and manage the solid waste stream through expanded recycling programs, encouraging composting and multi -jurisdictional cooperation. HISTORIC AND CULTURAL RESOURCE POLICIES 1.5(1) The City and County shall take proactive steps to identify and protect important historic and cultural resources. 1.5(2) The redevelopment of downtown Wilmington shall be a high priority, continuing to build on past successes and carefully matching public incentives with private investment. RESOURCE PRODUCTION AND MANAGEMENT POLICIES 2.0(1) Short-sighted or premature commitments of the area's natural resources shall be avoided. 2.0(2) Efforts by other governmental and private agencies to wisely manage the natural resources of the area and the region shall be supported. AGRICULTURAL AND FORESTRY RESOURCES POLICY 2.10) Premature conversion of the planning area's remaining farmlands and commercial woodlands into more intensive uses shall be discouraged. MINERAL RESOURCES POLICIES 2.2(1) Development of the planning area's mineral resources shall be allowed as long as such development occurs in an environmentally sensitive manner, is compatible with nearby resources and provides a plan for reclamation and reuse. 2.2(2) Development of all off -shore mineral, oil and gas resources shall be discouraged. RECREATION AND OPEN SPACE POLICIES 2.30) Preservation of unique natural areas shall be encouraged in order to provide area residents and visitors with a wide variety of recreational opportunities. 2.3(2) Public recreational facilities and open space shall be provided and maintained in accordance with public demand and expected population growth. 2.3(3) Existing public shorefront access shall be preserved and new shorefront access areas shall be acquired and developed. 2.3(4) Outside funding sources for recreational facility development shall be pursued. 2.3(5) Public boating access shall be encouraged and provided by the City and County. FISHERIES RESOURCES POLICIES 2.40) The continued productivity of commercial and recreational fisheries shall be enhanced through the protection of the unique coastal ecosystems, including primary nursery areas, shellfish waters and coastal marshes, upon which they depend. 2.4(2) Protection, preservation, and restoration of shellfishing in all SA waters shall be encouraged and pursued. OFF -ROAD VEHICLE POLICY 2.50) Efforts to control off -road vehicle use in the ecologically sensitive ocean and estuarine shoreline areas shall continue to receive support from County government. ENERGY CONSERVATION POLICY 2.6(1) Innovative and effective means of improving energy conservation techniques and practices shall be encouraged. ECONOMIC AND COMMUNITY DEVELOPMENT 3.0(1) Existing and programmed public services shall be coordinated with future land use intensities based on our area's carrying capacity and in accordance with adopted growth management policies. 3.0(2) Use of innovative and flexible planning and engineering practices and urban design standards shall be encouraged. 3.0(3) A sufficient variety and amount of future land use types shall be provided in order to accommodate public demand. 3.0(4) Compatibility between future and existing land uses shall be encouraged. 3.0(5) The costs associated with the area's rapid growth shall be distributed equitably to the maximum extent practical. 3.0(6) Improved coordination between City and County planning and development efforts shall be accomplished through the use of interlocal agreements and unified development codes, in order to promote consistency and to avoid future conflicts and costs of development. RESIDENTIAL DEVELOPMENT POLICIES 3.1(1) Innovative and flexible development standards and incentives shall be developed to ensure the continued availability of a wide range and sufficient supply of affordable residential housing types. 3.1(2) Housing opportunities shall be encouraged to be developed for citizens of all economic status to include the elderly, physically and mentally challenged, single parent households, and the area's homeless population. 3.1(3) Encroachment upon residential neighborhoods by more intense land uses shall be avoided. 3.1(4) New residential development shall be designed to minimize impervious surfaces and maximize open space. 3.1(5) Efforts will be made to reduce through traffic in residential areas. 3.1(6) Restoration of structures and neighborhoods of historic and architectural significance shall be encouraged. 3.1(7) Efforts by individuals and neighborhoods to promote "exclusionary zoning" shall be discouraged. 3.1(8) Neighborhood and sector level planning activities shall be utilized in the development of land use studies, programs and strategies. 3.1(9) New subdivisions should be designed to encourage access to adjoining neighborhoods if necessary to accommodate the flow of traffic. 3.100) An area's carrying capacity shall be considered in the phasing and timing of new development projects. 3.101) Historically significant structures and neighborhoods shall continue to receive regulatory protection; new standards, regulations and incentives which promote the preservation and maintenance of the area's historic resources shall be supported to preserve this tangible, aesthetically significant link to the planning area's past. 3.2 OFFICE AND INSTITUTIONAL POLICIES 3.2(1) Office and institutional development shall be considered appropriate land usage adjacent to residential development provided that design, scale and uses are compatible with adjacent residential development. 3.2(2) Major institutional employers shall encourage employee shift changes for non -peak traffic hours as a means of relieving traffic congestion. Ride -share programs shall be encouraged. 3.2(3) Major institutional employers shall encourage the use of mass transit by employees through the provision of transit shelters at convenient locations within the development. 3.3 COMMERCIAL DEVELOPMENT POLICIES 3.30) Commercial development projects shall be encouraged to locate in designated commercial nodes which already contain public services, including transportation, required by the projects, or in areas in which the needed services are readily available. 3.3(2) The redevelopment of existing commercial nodes shall be encouraged through the use of flexible development standards and evaluation. This shall be the preferred method of commercial expansion. 3.3(3) Uncontrolled strip commercial development shall be avoided. 3.3(4) Redevelopment of Downtown Wilmington, north Fourth Street, and Castle Street, shall be a high priority, continuing to build on past successes. 3.3(5) The City and County shall jointly provide support for the creation and establishment of small businesses. 3.4 INDUSTRIAL DEVELOPMENT POLICIES 3.4(1) The City and County shall encourage diversification of the area's economic base through a detailed recruitment plan developed in conjunction with the Committee of 100 and the Chamber of Commerce. 3.4(2) The City and County shall focus on attracting certain industries which can be developed in a manner consistent with the local public service supply, the local employment base, and our natural resources. 3.4(3) The City and County shall preserve, protect, and augment wherever possible, the complimentary relation- ships between the area's various industries, while minimizing potential conflicts. 3.4(4) The City and County shall encourage land use compatibility between the new industrial sector and the residential and commercial sectors. 3.4(5) The City and County shall promote and attract industries which encourage the upward mobility of low and moderate income persons. 3.4(6) Because of its relationship with the natural and historic resources of the area, the tourist industry shall receive special support from the City and County. 3.4(7) The City and County shall continue to support the planned growth and valuable contributions to the area's economy by the State Ports Authority. 3.4(8) Refinery operations shall only be allowed if there are no significant impacts on the area's environmental and historic resources. 3.4(9) The City and County shall encourage the location of industries that will promote ongoing education programs in the marine sciences. 3.4(10) The City and County shall promote the location of industries that will be compatible with the area's ecosystem. 3.4(11) The City and County shall encourage the location of diversified industries through the provision of an adequately trained employee pool. 3.4(12) New industrial activities shall be located within existing industrial corridors and shall not be permitted to harm the property values of established residential areas. 3.403) The tourism industry shall be considered in the recruitment and location of industrial firms. Industries that may pose a threat to the built or natural environment shall not be located in proximity to residential development or to established tourism attractions such as the historic core of the City of Wilmington. 3.4(14) The operation and placement of oil refinery operations shall be prohibited in close proximity to established residential and or historic resources, or in such locations that may result in the potential for significant impact on the area's environmental resources. 3.5 TRANSPORTATION POLICIES 3.5(1) Level of service standards and programs for area roadways and trailways shall be established. 3.5(2) Traffic circulation improvement priorities shall be established to provide for the timely allocation of resources in meeting the transportation needs of the area. 3.5(3) The City and County shall support the efforts of other local, state and federal agencies that improve the flow of people and products in the City and County. 3.5(4) The City and County shall ensure that the type and design of the existing and future transportation system and the planning for future land uses result in an effective traffic circulation pattern. 3.5(5) Mass transit programs, bikeways and other alternatives to single occupant automobiles shall be preferred as a method of alleviating congestion and circulation problems over the construction of new roadways. 3.5(6) Continued use and development of the Wilmington Harbor, Atlantic Intracoastal Waterway, the State Ports Authority and the New Hanover International Airport shall be encouraged. 3.5(7) Conflicts between transportation facilities, such as rail service, and other land uses shall be minimized. 3.5(8) No new or enlarged through highways shall be constructed in any area classified as Resource Protection or Conservation without thoroughly analyzing environmental impacts, other impacts and benefits. 3.6 CAPITAL FACILITIES AND COMMUNITY SERVICES POLICIES 3.60) The City and County shall provide timely and cost-effective provision of capital facilities and community services on the basis of anticipated growth and demand. 3.6(2) Coordination between the City, County and other governmental agencies shall be encouraged in the provision of capital facilities and services. 3.6(3) The City and County shall consider the adoption of a system of impact fees to ensure timely and economically sound provision of public services to new development. 3.6(4) The City of Wilmington and New Hanover County shall work together in conjunction with other local communities for the provision of necessary transportation and open space needs. 3.7 URBAN DESIGN AND OTHER POLICIES 3.7(1) The development of more detailed land classification or future land use maps and plans shall be encouraged. 3.7(2) The development of a uniform land use evaluation system for use by City and County officials and staffs shall be encouraged. 3.7(3) Adequate landscaping and tree protection shall be encouraged for parking lots, residential areas, and commercial and industrial projects. 3.7(4) Buffering standards which promote compatibility between land use types shall be supported and strength- ened where necessary. 3.7(5) The use of signs shall be controlled in a manner that recognizes aesthetic, safety and commercial concerns and preserves and protects our landscapes and waterways. 3.7(6) Multiple and adaptive reuse of the area's historic resources shall be allowed and encouraged. 3.7(7) Trails and greenways should be identified and developed into a comprehensive system. 3.7(8) Urban design regulations shall take into account the diverse qualities each development has to offer. These qualities shall be refined to create a unique sense of place which compliments surrounding man-made and natural features. 3.7(9) Existing landscaping and tree preservation ordinances shall be evaluated and new standards adopted to address urban appearance issues. Tree preservation efforts should include the inventory of selected specimens. 4.0 PUBLIC PARTICIPATION 4.0(1) The City and County shall continue to creatively utilize all sectors of the local media, as well as the local educational institutions, to increase public awareness and involvement in resource and development issues. 4.0(2) Neighborhood planning techniques shall be utilized to further encourage public awareness and involvement in issues affecting neighborhoods. 4.0(3) Programs which take advantage of existing media productions, private industry professionals, and local government employees to educate the public about land use concerns, the provision of public services, and the role of developers and other citizens in making intelligent land use decisions shall be encouraged. 5.0 STORM HAZARD MITIGATION, EVACUATION AND RECOVERY 5.0(1) The City and County shall continue to discourage high intensity uses and large structures from being constructed within the 100 Year Floodplain, erosion prone areas, and other locations susceptible to hurricane and flooding hazards. 5.0(2) Following a storm event, the County will take advantage of opportunities to acquire or purchase land located in storm hazard areas which are rendered unbuildable. The property should satisfy objectives including, but not limited to the conservation of open space, scenic areas, and provision of public water access. 5.0(3) Immediate clean up and removal of debris from public roads is the responsibility of the North Carolina Department of Transportation. Public expenditure of funds for the repair or reconstruction of any private road or vehicular easement which is damaged or destroyed as a result of an intense storm event shall not occur. All private roads will be the responsibility of the individual landowners. 5.0(4) In the event of a hurricane or disaster, the City Council and/or Board of Commissioners may declare a moratorium on the acceptance of any request for rezoning other than for rezoning to a less intense use, unless that rezoning request is initiated by the City or County. 5.0(5) In the event of extensive hurricane damage to public utilities requiring replacement or relocation of these utilities, efforts shall be made to locate damaged utilities away from hurricane hazard areas or to strengthen their construction. 5.0(6) Priority shall be given to those repairs that will restore service to as many persons as soon as possible. 5.0(7) The City Council and/or Board of County Commissioners may request that a new assessment of hazard areas be performed, depending on the extent of flooding and the changes to shoreline and inlets caused by the hurricane. 5.0(8) The City Council and/or Board of County Commissioners may declare a moratorium on the permitting of any new construction, new utility hookups, or redevelopment construction that would increase the intensity of the land uses existing before the hurricane or disaster. 5.0(9) The Recovery Task Force shall have the responsibility for directing reconstruction within New Hanover County after a damaging storm. This Task Force shall be responsible for advising the Board of County Commissioners on a diverse range of post -storm issues. 5.0(10) A building moratorium shall not occur unless authorized or extended by the Recovery Task Force or resolution by the Board of County Commissioners and/or City Council. 5.0(11) The City and County shall be responsible for the overall supervision of clean up and disposal of debris resulting from an intense storm event. 5.002) It shall be a policy of the City and County to retain on a seasonal basis an assistance facilitator/consultant who, as directed by the County Manager, will be responsible for: a. Determining the types of assistance available to the City and County and the type of assistance most needed. b. Assisting in the coordination of the federal disaster recovery effort. C. Coordinating federal and state programs of assistance. d. Informing the citizenry of types of assistance programs available. e. Recommending to the Recovery Task Force and Board of County Commissioners programs which are available and then acting as facilitator in securing those programs. W. ` LARD CLASSIFICATION A. Land Classification Definitions The Land Classification Map has been prepared based on a comprehensive review of existing land uses and after taking into consideration the location.of AEC's and vacant land available for future development. By delineating land classes on a map, local government and its citizens can specify those areas where certain policies (local, state and federal) will apply. The land classification system is intended to be supported and complemented by zoning, subdivision and other local growth management tools and these local tools should be consistent with the classification system as much as possible. Although specific areas are outlined on a land classification map, it must be remembered that land classification is merely a tool to help implement policies and not, in a strict sense of the term, a regulatory mechanism. The land classification system provides a framework to be used by the local government to identify the future use of all lands. The designation of land,classes allows the local government to illustrate their policy statements as to where and to what density they want growth to occur, and where they want to conserve natural and cultural resources by guiding growth. The Land Classification Map includes the following classifications: 1. Limited Transition a. Purpose. The purpose of the limited transition class is to provide for development in areas that will have some services, but are suitable -for lower densities and may be geographically remote from existing towns and municipalities., b. Description and Characteristics. Areas meetingthe intent of.this class will experience increased development during the planning period. They will be in a state of development necessitating some municipal type services. These areas are of modest densities and often suitable for the provision of closed water systems rather than individual wells. (i) Areas classified limited transition will provide controlled. development with services, but may not be on lands that are suitable for traditional high intensity urban development normally associated iwith sewers or other services. These may be lands 64. with physical limitations or areas near valuable estuarine waters or other fragile natural systems, and density limits may be required to protect these resources. Sewers and other services may be provided because such services are already in the area or readily available nearby, because the lands are unsuitable for septic tanks or the cumulative impact of septic tanks may negatively impact significant public resources; (ii) The limited transition class is intended for predominantly residential development with densities as allowed in the RA or PD Zone of the Pender County Zoning Ordinance. However, non-residential development will be permitted in the Limited Transition class as well as multi -family use in Planned Unit Developments when permitted by the Pender County Zoning Ordinance. Clustering or development associated with Planned Unit Developments may be appropriate in the limited transition class; (iii) Areas which meet the definition of the conservation class should not be classified limited transition. c. Discussion. As sewer and other services become more • widespread, they are frequently extended to areas that -• are not suitable for high density urban development. The use of such services generally increases environmental protection in these areas if the density of development remains relatively low. The limited transition class is intended to provide for appropriate moderate densities of development with the" benefits of services. However, the reliability of services such as sewage treatment systems is critical in these areas. If the local government intends to allow the private provision of urban services such as..:_ sewage systems and garbage collection, then the local government should require special assurances that these private services will reliably protect the public resources and avoid unnecessary public expenses. The limited transition classes are designed to illustrate emerging and developing areas where some appropriate level of services are required. The Limited Transition Classification occurs along the western side of U.S. 17 from the New Hanover County line to the Onslow County line for a distance of 400' back from the highway right-of-way line as measured from the western right-of-way line of U.S. 17 Limited Transition also occurs on the eastern side of U.S. 17 from the New Hanover County line to the Onslow 65 County line, and then back to the waterfront along the Intracoastal Waterway and in areas not designated Conservation from the New Hanover County line to a point 400' northeast of S.R. 1561. Residential density in this Limited Transition area should not exceed density.allowed in the RA or PD Zone in the Pender County Zoning Ordinance in this coastal area and may be required to be even lower to protect particularly sensitive areas within this.location. Limited Transition is also found along both sides of S.R..1588 near the Onslow.County line and along both sides of N.C. 50 for a distance of 400' back from the road right-of-way of N.C. 50. Limited Transition is located on both sides of N.C. 210 from the intersection of U.S. 17 at Hampstead to - S.R. 1574 for a distance of 400' back from N.C. 210 as measured from -the road right-of-way. Limited Transition occurs around the -intersection of I-40 and N.C. 11 near Willard.. Limited Transition occurs on both sides of N.C. 53 between Burgaw and I-40 for a distance of 400" back from both sides of the road right-of-way as measured from the road.right-of-way of.N.C. 53. Limited Transition occurs along both sides of U.S. 117 and N.C. 133 from the New Hanover County line to a point 4001 north of the intersection of U.S. 177 and -N.C. 210. Then along N.C. 210 from U.S. 117 to the Northeast Cape Fear River. The Limited Transition area is 400' back from these two road rights -of -way as measured from the road right-of-way line. Limited Transition is located along both sides of U.S. 421`from the New Hanover County line to the intersection of N.C. 210 for a distance of 400' back -from the road right-of-way as measured from the road right-of-way. The Maple Hill community is included as limited transition. 66 2. Community a. Purpose. The purpose of the community class is to provide for clustered, mixed land uses at low densities to help meet the housing, shopping, employment and other needs in rural areas. b. Description and Characteristics. Areas meeting the intent of the community class are presently developed at low densities which are suitable for private septic tank use. These areas are clustered residential and/or commercial land uses which provide both low intensity shopping and housing opportunities and provide a local social sense of a "community. Very limited municipal type services such as fire protection and community water may be available, but municipal type sewer systems are not to be provided as a catalyst for future development. In some unusual cases sewer systems may be possible, but only to correct an existing or projected public health hazard. Areas developed in a low density fashion in small, dispersed clusters in a larger rural landscape with very limited or no water and sewer services meet the intent of this class. c. Discussion. It should be stressed that the community class applies to clustered low intensity development in a rural landscape. This development is usually associated with crossroads in.counties. Some "communities" may have or may require municipal type services to avert an existing or anticipated health problem. Even though limited services may be available, these areas should not be shown in the higher intensity land classes, as the major characteristic which distinguishes community with limited services from the developed and transition classes is that services are not provided to stimulate intense development in a rural setting, but rather to neutralize or avert health problems. Due to the small size of'most communities, they ::ill appear as small areas in a dispersed pattern on the County land classification map. This class illustrates small, dispersed groupings of housing and commercial land uses in a rural landscape. The Community land classification includes Willard, Penderlea, Currie and Watha. 3. Rural a. Purpose. The rural class is to provide for agriculture, forestry, mineral extraction and other allied uses traditionally associated with an agrarian region. Other land uses, due to their noxious or 3/ hazardous nature and negative impacts on adjacent uses, may also be appropriate here if sited in a manner that minimizes their negative effect on surrounding land uses or natural resources. Examples include energy generating plants, refining plants, airports, sewage treatment facilities, fuel storage tanks and other industrial type uses. Very low density dispersed residential uses on large lots with on -site water and sewer are consistent with the intent of the rural class. Development in this class should be as compatible with resource production as possible. b. Description and characteristics. Areas meeting the intent of this classification are appropriate for or presently used for agriculture, forestry, mineral extraction and other uses, that due to their hazardous or noxious nature, should be located in a relatively isolated and undeveloped area. Very low density dispersed, single family residential uses are also appropriate within rural areas where lot sizes are large and where densities do not require the provision of urban type services. Private septic tanks and wells are the primary on -site services available to support residential development, but fire, rescue squad and.sheriff,protection may also be available. Population densities will be very low. The.Rural land classification includes all areas of the County that are not Limited Transition, Community or Conservation. 4. Conservation a. Purpose. The purpose of the conservation class is to provide for the effective long-term management and protection of significant, limited, or irreplaceable areas. Management is needed due to the natural, . cultural, recreational, scenic or'natural productive values of both local and more'than local concern. b. Description and Characteristics. Areas meeting the intent of this classification include: (i) AEC's including, but not limited to, public trust waters, estuarine waters, coastal wetlands, etc., as identified in 15A NCAC 7H; (ii) other similar lands, environmentally significant because of their natural role in the integrity of the coastal region and include but are not limited to bottom land hardwoods, pocosins, swamp forests, areas that are or have a high probability of providing wildlife habitat, forest lands that are essentially undeveloped and lands which otherwise 68 contain significant productive; natural, scenic, cultural or recreational resources. c. Discussion. The conservation class is designated to illustrate the natural, productive, scenic, cultural and recreational features of the coastal zone which make the region a desirable place in which to live, work and visit. As such, the conservation class applies to'areas that because of their unique, productive, limited, cultural or natural features should be developed following CAMA guidelines as applicable or other applicable local, State and federal regulations. Only uses allowed under CAMA permit regulations and applicable Corps of Engineers 404 wetland regulations and other State, local and federal regulations shall be permitted. The Conservation land classification for Pender County includes all CAMA regulated AEC's including coastal wetlands, estuarine waters and estuarine shorelines, public trust waters, inlet hazard areas and ocean hazard areas and outstanding resource waters. The Conservation land classification also includes hydric soils; specifically, Bohicket Silty Clay Loam (Bo), Carteret Fine Sand (Ca), Chewacla Loam (Ch(We), Croatan Muck (Ct), Dorovan Muck (Do) and Muckalee Loam (Mk). •• The Land Classification Map is for general use only. Final determination of location for Conservation Classification shall be made by the'responsib le federal, State or local official having regulatory authority and such determination shall be -made based on a field investigation of any area in question. . The Developed, Urban Transition and Rural with Services classifications as discussed in the CAMA Planning Guidelines are not applicable in Pender County's planning area. The municipalities of Burgaw, Atkinson, Surf City and Topsail Beach have their own CAMA Land Use Plans and for that reason have not been included in'the Pender County Plan. eb 0 0 0 Appendix B U0 New Hanover County Planning Department Futch Creek Watershed Study January 1996 Land Use by Zoning District for New Hanover County Maximum Potential Impervious Potential Sq. Feet Acreage Parcels . Density Lots Acres Imp. acres Single Family 2,148,254 49 32 67 2;5 67 . SF -Large Lot 808,183 18.55 4 2.5 46 1.04 4.82 SF Vacant ;420,598 9 66 _ '14 26 Mobile Home 114,336 2.62 6 2.5 6 0.68 0.68 Commercial :539,297 12 38 ;. 3 Office/Institutional 130,325 2.99 5 2.5 5* 0.78 0.78 Vacant 25,277817 113 2 5. _...1287 0 00 : 133 Recreation 0.00 0 0 2.5 0 0.00 0.00 TOTAL 29,438,810 675.82 212 2.5 1428 18.64 158.74 Maximum Potential Impervious Potential ' Sq. Feet Acreage Parcels Density Lots Acres Imp. acres Single Family .. 69 42 190 1 9 . 190 18 05 18 05 . SF -Large Lot 0 0.00 0 1.9 0 0.00 0.00 SF Vacant 5,506,109 12640 302 1 9 302 0 00 32.86 Mobile Home 0 0.00 0 1.9 0 0.00 0.00 Commeraal' 0 0 00 0 1 9 0 0 00 0.00 Office/Institutional 610,063 14.01 1 1.9 66* 3.64 3.64 Vacant 7,884,358 181 00 22 1 9 305 0 00 4177 Recreation 12,786,220 293.53 5 1.9 5 4.40 4.40 TOTAL 29,810,656 684.36 520 1.9 868 26.09 100.72 1 of 5 Maximum Potential Impervious Potential ' Sq. Feet Acreage Parcels Density Lots Acres Imp. acres Single Family 1,527367 35 06 54 1 9 54 912 912, SF -Large Lots 0 0.00 0 1.9 0 0.00 0.00 $F can 742952 _. ..17 06. 23 1 9 23 ..... _.. 0 DO. 43 ... Mobile Home 0 0.00 0 1.9 0 0.00 0.00 Commeraal................... 19 0 Office/Institutional 0 0.00 0 1.9 0 0.00 0.00 � Recreation 0 0.00 0 1.9 0 0.00 .0.00 TOTAL 2,270,319 52.12 77 1.9 77 9.12 13.55 -j 0 Maximum Potential Impervious Potential Sq. Feet Acreage Parcels Density Lots Acres Imp. acres CommerGal 44,748 103 1 N/A 1 0 27 0 2711 Vacant 15,798 0.36 1 N/A 1 0.09 0.09 O TOTAL 60,646 1.39 2 N/A 2 0.36 0.36 Maximum Potential Impervious Potential Sq. Feet Acreage Parcels Density Lots Acres Imp. acres Single Family 93,697 215 = 1 N/A 1 0 56 0 56 Commercial 137,112 3.15 2 N/A 2 0.82 0.82 TOTAL 230,809 5.30 3 NIA 3 1.38 1.38 Maximum Potential Impervious Potential • Sq. Feet Acreage Parcels Density Lots Acres Imp. acres Oifice/Instttubonal 'l,039,801 23 87 ......-1- TOTAL 1,039,801 23.87 2 NIA 107 6.21 6.21 ' • • •� Impervious Impervious Potential Potential Sq. Feet Acreage Parcels Ratio Acres Lots Imp. acres Road 3,$03440 $7 31 N/A 5D'fo3 66 17 96 $6 48 Creek 5,371,664 123.32 N/A 0% 0 0.00 0.00 TOTAL 9,175,104 210.63 N/A NIA 43.66 172.96 86.48 2of5 0 0 0 Land Use by Zoning District for Pender County Maximum Potential Impervious Potential Sq. Feet Acreage Parcels Density Lots Acres Imp. acres SF -Large Lot 1,849,780 42.47 8 1.9 81 2.08 11.04 " SF Vacant 3,329,080 76 43 143 19 143 0 00 19 87 . Vacant 45,240,944 1,038.59 56 1.9 1,751 0.00 270.03 Officelns6tutional 146,797 3 37 : 1 19 _.. . 6# U 88 0 88 Mobile Home 95,439 2.19 2 1.9 2 0.57 0.57 Commergal inl 19 TOTAL 56,068,253 1,287.15 409 1.9 2182 35.79 304.28 Maximum Potential Impervious Potential Sq. Feet Acreage Parcels Density Lots Acres Imp. acres Single Family 548,288 1259 '10 1 9 54 27 3 27 SF -Large Lot 698,160 16.03 3 1.9 30 0.78 4.17 SF Vacant . 023 0 . Mobile Home 73,427 1.69 2 1.9 2 0.44 0.44 Gommeraal 927,t)56 21 28 Office/Institutional 186,160 4.27 2 1.9 8` 1.11 1.11 Vacant .. 879,591 :2019 TOTAL 3,312,682 76.05 30 1.9. 192 11.14 19.18 Impervious Impervious Potential Potential Sq. Feet Acreage Parcels Ratio Acres Lots Imp. acres Road-: 2,367,478 54 35 N/A 50'/0 2717 173 46 86 73 Creek 2,827,327 64.91 N/A 0% 0 0.00 0.00 TOTAL 5,194,805 11926 NIA NIA 27.17 173.46 86.73 3 of 5 Futch Creek Watershed Total Land Use and Density Maximum Potential Impervious Potential Sq. Feet Acreage Parcels Density Lots Acres Imp. acres Road 2,367 78 54 3; N/A 2 5 N/A 2717 86 73 Creek/Marsh 2,827,327 64.9 N/A 2.5 N/A N/A N/A Single Family 5,924$34 136 0 208 2 5...... 250 35 36 SF -Large Lot 2,547,940 58.5 11 2.5 111 2.86 15.21 3,329080 76 4: . 143... 2 5 ... 166 . 0 00... 19 87' ...... Mobile Home 168,866 3.9 4 2.5 5 1.01 1.01 Commercial ..... 956,724 ...: 22.0... 7 HN : _ 2 5 ........... 41 . ......... 5 71...... 5 71 _,_....._ Office/Institutional 332,957 7.6 3 2.5 15` 1.99 1.99 Vacant 46, i20,535 1058;8 63 2 5 1785 0 0044 31 Recreation 0 0.0 0 2.5 0 0.00 0.00 TOTAL 64,676,741 1482A 439 2.5 2374 74.10 410.19 4 of 5 Maximum Potential Impervious Potential OSq. Feet Acreage Parcels Density Lots Acres Imp. acres Creek/Marsh 8,198,991 188.2 N/A 2.5 N/A N/A N/A Single Family l2,718,058 292 Q 52Q 2.5 562 75 91 75 91. SF -Large Lot 3,356,123 77.0 15 2.5 157 3.90 20.03 SE Vacanf 9,998,739 229 5 482 2:5 503 0 00 59 68 Mobile Home 283,202 6.5 10 2.5 10 1.69 1.69 _........ Commeraal 1,677,881 38 5 13 2.5 47 I0 01 10 01 OfficeAns6tutional2,113,146 48.5 11 2.5 193* 12.61 12.61 Vacant 79,298,508.. 1820 4 199 2.5 . 3378 Q 00 419.98 Recreation 12,786,852 293.5 6 2.5 1 4.40 4.40 TOTAL 136,602,418 3135.9 1256 2.5 4861 179.37 777.54 Notes: O Maximum Densityequals the number of lots allowed per acre for zoning district. q P 9 Potential Lots equals max. density x acreage. Impervious acres equals developed acreage x .26 (avg. impervious ratio for watershed). Potential Imp. acres equals total acreage x .26 (avg. impervious ratio for watershed). * Indicates potential "units" in O& 1 district. 5 of 5 `i u 0 0 0 APPENDIX C SALTWATER CLASSIFICATIONS, LAND USE, AND STORMWATER CONTROLS Affects SALTWATER QUALITYCHARACTERISTICS CONSTRUCTION& DEVELOPMENT STORMWATER CONTROL O (when CAMA Major Development or Sedimentation & Erosion Control Permits required) Best Max. Fecal Colony Cts. Wastewater Dredge & FRI Erosion and Sediment Recreational Min. Buffer Max. Built -Upon Min. Residential Engineered cbssificafibris Uses (Units/100 mL) Discharges Acfnnlies Control Rules AcGvifies Requirements I Restrictions Lot Size Control Systems DIVISIONOF -•NMENTAL MANAGEMENT PRIMARY CLASSIF1 CATIONS • Aquatic life ro ation; and q p pog • Not to exceed 200 No categorical restrictions. eg Referto Supplemental Classifica pp Standard erosion protection and sedimentation • Protecledfor. Low Density Option Low Density Option Low Density Option infiltration and Detention Ponds allowed. 30 ft. from surface 30%. 1/3 acre. • Secondary Recreation including (geometric mean of 5 However, DEM may lion, & to the NC Division of control required for projects that disturb greater • Low intensity skin contact, such as wading, • Systems must control runoff from 1.0 inch SC recreational fishing, boating, and consecutive samples in a 30 prohbfidischarges on a Coastal Management, NC than 1 acre. or informal swimming areas. waters. Engineered Controls Engineered Controls of rainfall. N/A. NIA. water -related activities involving day period); and case -by -case basis for Division of Marine Fisheries, & • Required to manage 10-yearstorm runoff. • Boating/marina development • Referto Coastal Stormwater Rules for minimal skin contact. • 400 in 20% of samples. protection of water quality. NC Shellfish Sanitation Branch. • Refer to the NC -Division of Land Resources. • Recreational fishing and watercraft. specific design information. • Primary Recreation activitiessuch • Not to exceed 200 No categorical restrictions. Refer to Supplemental Classifica- • Standard erosion protection and sedimentation Protected for. Low Density Option Low Density Option Low Density Option • Infiltration and Detention Ponds allowed. 30 ft. from surface 30%. 1/3 acre. SB , as swimming, which occur on a (geometric mean of 5 However, DEM may lion, & to the NC Division of control required for projects that disturb greater •Swimming, snorkeling, etc. •Systems must control runoff from 1.0 inch frequent or organized basis; consecutive samples in a 30 prohibl discharges on a Coastal Management, NC than 1 acre. • Marina development, depending on local waters. Engineered Controls Engineered Controls of rainfall. NIA. NIA. • plus SC Best Uses. day period); and case -by -case basis for Division of Marine Fisheries, & • Required to manage 10-yearstorm runoff. fishery and swimming activities. • Referto Coastal Stormwater Rules for • 400 in 20% of samples. protection of water quality. NC Shellfish Sanitation Branch. • Referto the NC -Division of Land Resources. • Recreational fishing and watercraft. specific design information. • Commercial shellfish harvesting; • Not to exceed 14; and Domestic discharges are Referto Supplemental Classifica- The Sedimentation Control Commission has as Protected for. Low Density Option Low Density Option Low Density Option • Infiltration Systems only. SA • Primary Recreation involving ' 43 in 10 /o of samples. prohbited. lion, & to the NC Division of many as five (5) increased design standards for • Swimming, snorkeling, etc. 30 fL from surface 25%. 113 acre. • System must control runoff from 1.5 inches swimmingon a uentor organized frequent prig Coastal Management NC ag projects in all HQW zones. See Sedimentation Marina development depending on local P 9 waters. Engineered Controls Engineered Controls of rainfall. basis; Division of Marine Fisheries ,& Control Rules for Design Standards inSensitive fishery and swimming activities. NIA. NIA. • Refer toCoastal StomrwaterRules for • plus SC Best Uses. IINC Shellfish Sanitation Branch. Watersheds (15A NCAC 4B .0024). • Recreational fishing, shelfthing &water craft specific design information. DIVISION OF ••CLASSIFICATIONS Waterquality standards are New or expanded Refer to the NC Division of The Sedimentation Control Commission has as Protected for. Stormwater management measures in the 20 coastal counties are the same as the primary classification • Excellent quality saltwater, or High Quality • Critical Habitat Areas; or associated with Primary discharges must meet Coastal Manangement,NC many asfive(5)increased design standardsfor • Primary Classification Uses. requirements. Refer to the Coastal Stormwater Management Rules for specific stormwater control require - Waters (HQW) • Primary or functional Nursery Areas. Classification. hghertreatmentrequiree- Division of Marine Fisheries, and projects in all HQW zones. See Sedimentation ments in the 20 coastal North Carolina counties. • All SA waters are HQW. ments. NC Shellfish Sanitation Branch. Control Rules for Design Standards in Sensitive Watersheds (15A NCAC 4B .0024). Outstanding Excellent quality saltwater and: Water quality standards are • New nondischarge Not allowed where significant The Sedimentation Control Commission has as Protected for. N ew developments located within 575 ft. of the mean hig h water level of ORW class saltwaters must meet Resources • Outstanding Fish Habitat; or associated with Primary permits include reduced shellfish or vegetation occurs many as five (5) increased design standards for *Primary Classification Uses. at a minimum, the Low Density Options specified in the Coastal Stormwater Management Rules for SA O Waters OR (ORW) • High Existing/Attainable Recreation; or • Special Federal or State designation; or Classification. being restrictions. • Public hearing is except for maintenance such as maintaining accessways, or for projects in all HQW zones. See Sedimentation Control Rules for Design Standards in Sensitive Specific restrictions on allowable boat sizes & types may be assigned for marina develop- class saltwaters. Specific stomiwatercontrol strategies for protecting ORW class saltwaters are developed during the process to reclassify waters with the ORW supplemental classification. •Part ofState/National Park/Forest or mandatory for new or agricultural purposes. Watersheds (1 5A NCAC 4B.0024). ments. • High eoologicaVsclentific significance. proposed permit DIVISION OF •A Estuarine Areas of • Coastal water and land areas of Refer to NC-DEM Tidal Refer to NC-DEM Tidal Projects require Major CAMA Referto NC-DEM Tidal SallwaterClassifica- • Specific Use Standards apply to marina devebpiTients affecting a nstnuc6on, location, size Referto the NC-DEM Tidal Saltwater Classification, and the Coastal Stormwater Management Rules. Environmental significant economic and biological Saltwater Classiticationsand SaltwaterClassifications DevelopmentPemuL tons and Standards, and to NCDivision of &service. Concern (AECs) values to the state. Standards. and Standards. • Projects must conform to Land Resources. • Private docks & piers require CAMA Development Permit Specific Use Standards. SHELLFISH SANITATION BRANCH Approved Suitable growing area for harvesting • 14 (either the median or Refer to NC-DEH, or Refer to NC-DEM Tidal Saltwater Refer to NC-DEM Tidal Saltwater Marinas in growing areas degrade the shellfish for direct marketing to public. geometric mean; and NC-DEM Tidal Saltwater Classifications and Standards, Classifications and Standards, and to classification to Prohibited. • 43 in 10% of the samples QualityClassifications and and to NC DCM CAMA rules. NC Division of Land Resources. . Standards. Growing area subject to predictable Management Mansforthese Refer toNC-DEH,or Referto NC-DEM TiidalSaltwater Referto NC-DEM Tidal Saltwater Marinas in growing areas degrade the Conditionally intemtittentpollutionbutsurtablefor areas, which are subject to NC-DEM TidalSaltwater Classficationsand Standards, Classficationsand Standards, and to _ ^:• classiificationtoProhbited. Approved harvesting shellfish for marketing when known intermittent pollution, Quality Classifications and and to NC DCM CAMA rules. NC Division of Land Resources.. z Management Plan conditions aremet are developed on case -by- Standards. case basis. Referto the NC-DEM Tidal Saltwater Classification, and the Coastal Stormwater Management Rules. Growing area suitable for shellfish must • 88 (either the median or Refer to NC-DEH, or Referto NC-DEM Tidal Saltwater Referto NC-DEM Tidal Saltwater _ ` Marinas in growing areas degrade the Restricted be purified by approved process. geometric mean; and NC-DEM Tidal Saltwater Classifications and Standards, Classifications and Standards, and b classification to Prohibited. • 43 in 10% of the samples. QuafityClassifications and and to NC DCM CAMA rules. NC Division of Land Resources. Standards. Prohibited Area unsuitableforhanresting shellfishfor Fecal conform counts occur Refer to NC-DEH, or Refer to NC-DEM Tidal Saltwater Referto NC-DEM Tidal Saltwater Marinas in growing areas degrade the direct marketing due lopresence ofhigh higherthanallowedfor NC-DEM Tidal Saltwater Classifications and Standards, Classifications and Standards, and to classification toProhibited. fecal conform, pointsource discharge, or Restricted growing areas. QualityClassifications and and to NC DCM CAMA rules. NC Division of Land Resources. marina, or no current sanitary survey. Standards. DIVISION OF MARINE FISHERIES Primary Growing areas where populations of Referto Shellfish Sanitation Refer NC-DEM Tidal Referto NC-DEM Tidal Saltwater Referto NC-DEM Tidal Saltwater Marinas thatwill require dredging in orthrough Referto the NC-DEM Tidal Saltwater Classification, and the Coastal Stormwater Management Rules. Nursery juvenile finfish and shellfish deconomic Brach requirements. Saltwater Quality Classifications and Standards, Classifications and Standards, and to PNAs are not allowed. Areas importance occur. Classifications and and to NC DCM CAMA rules. NC Division of Land Resources. Standards. Table adapted from original by Cape Fear Council of Govemments 0 0 0 N oltO 0 / ti • 4?1 7 10 d§ta� G ' w� r CWrightsboro • � r. . 421� 1_ I/ Hightsville i scc W New Hanover County Airport i' IM Nti` • 0 a } 5 • 42, 1 it 1 n logo A 1° I CAROLINA BEACH 1 1 • 1 1 I 1 KURE BEACH w� I HN 132 L elf,OPair i Maw- Detailed Existing Land Use Maps at a scale of 1" = 400' are available for public inspection at the City and County Planning Departments. The preparation of this document was financed, in part, through a Coastal Area Management Act 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. W.lrraysville Baymeade New Hanover County Generali*zed 0 E1 xist'0 ingand 1990 APPROXIMATE SCALE 1' = 1 MILE 1 314 1/2 1/4 1 P Kjand ,'"1 / INLET 17 W RIGHTSVILLE BEACH Generalized Existing Land Use 1990 0 Single Family Residential Multi -Family Residential Mobile Home Office & Institutional Commercial Transp., Utilities, & Comm. Industrial Public & Commercial Recreation Vacant Land Not in Planning Area City of Wilmington Wilmington - New Hanover Comprehensive Planning Program Summary of Existing Land Use: 1990 CITY OF WILMINGTON UNINCORPORATED AREA PLANNING AREA LAND USE CATAGORY Percent of Percent of Percent of Acres Developed Acres Developed Acres Developed Utilized Land Utilized Land Utilized Land Residential Total: 5,808 37.7 . .. .............. .. 11,100 56.1 16,908 48.0 .......... .... ... ...... ... ... ....... .. . . . ...... .. .................................... .... .. ................ ..... ........ ..................... ............ ............. ................. ....................... ........................................ ... .. . ... ...... ....... . ........ ......... Multi -Family 1,020 6.6 224 1.1 1,244 3.5 .................... M6 ............ ........ ....... . ........ .................... ........ ...................... ........................ ......... .. . ............... ............... X .............................. . .............. ... ........ ..... . . ..... -iln .0 ........ .... ... ............. . ................ ....... ....... ............ .. ......... . . ..%...... ........... .. .... ............... .... .......... ............................................. ....... ... ........................ :. ... ........ .................. ........ ................... . .... ............. . ............. X .............. ............. ............... ................... . ...................................... ....... ............. ;,.. . . ... ............... .............. ............. ........ . .......... Office & Institutional 1,620 . ............ ................. .............. 10.5 ....... ....... ........................................... 635 ...... X: 3.2 2,255 .. .... 6.4 ....... .............. .. .... . . tat.... . ................................... X....X;. . .......... . . ...... ........... ............. .................... ... .........W. .............. ...... ........ . ..... ................... ...... .................. .....: .. ......... ......2................... .. ........ ... .............. .. Transportation, Utilities & .................... Communication.. 2,9....0....0..... 6,907 19.6 ...... . . ::::.. .::.::.::::.: ...... .4..,.0. ..0...7 ..... X .. ..... .2....6...0 ..... ................................1..4.....7..... I .... ........ . . ..I... .......... ....... ....... .................... . . . . ...... Recreation Total: 1,302 8.4 2,372 12.0 3,674 10.5 .................... .. ... ........ ... ............ ................... .... . ...... . ....... ............. .. .............. .............. I. ............................ ...................... ....... ........ ......... .......... ................................. .............................................................. ................ ...... ...... ............ .. ................ . ......... .. ........ ................. . ............... ..... .7— ...... .......... Public 590 ......... 3.8 ..... 1,297 6.6 1,887 5.4 ............ . ............ ..... .... ... .. ,.%.-...0........... d. ................................. ................................ ............ ...... . .......................:..0....0. ..... .... .......... ..... ............................ ...... . ....... ....... .......... .......... ..... .. ..... 1 I.. ...... ....... Undeveloped 3,989 75,437 79,426 . ........ ........ .. ........ .......... ... .. ....... ... . .................. ........... .. .... . .. ............... ...... ................... .......... .............................. ....... ............ ....... .... . ....... .... .... ............. ...................... .............................. ...................... ............... ...... ........ ... . ..... ........... ............ . .. . ....... .............. Total Acres 19,908 114,205 134,114 Wilmington -New Hanover Comprehensive Planning Program Generalized Existing Land Use Map CAMA id Use Plan Update r .n■1 W -A ■■1 FIFE FIFE ■ FIFE iFIFE iiGiiiiiiiiGiiit; 9ii:iii ■iiGi.�i_-iGii .■■■■.■■■■■■■■■■■r.■■■■r■■■■■.■..■'.. ■■ ■■■■■■■■■■■■■■■■■RON— ■■■■■■■■■■■.11' • Il`■■■■■■■■■■■■■■■■1'■■■■■11■/■■Mill /�■ ll ■ uuuuuuu■s..._-.�■iiii �..�iu.uur.0 ■uuuu■uu■S■••■u■F ■■►�■u■■■1 ■ ■u■ouuouuu..■rvuv ,:uii..cuu■■■■■■ .�■- �\■■■■■■■■■■■■■■■■■r,1■■ Iii■■1■u■■curl■■■ vu■r■■■r■■■u■■■ullu uuuuuuuou■r ■ ••uuuuuuono Iruuuuuuuuli■ �•uoo■■■uu■■u■■ r uuuuo■ourlr o: -v■■uu■■ml■r j vu■uuu■u■u W HUME■■ Iuuuuuuol u■luuuu■ uuuuuuour.■ auuuuur tuo■uuuuu'u '110U ■■■/ 1■■■r■■■■■■■■■■/■r uvula- vuuu■uuv.■ .-ru.�r luuuuu■vlr l■o■■■: .o._�i lu■u■u■r■r�r u-•■u■1 uru■u /uu■■■■■■:M - vu■■uuuuuo■rr ■■r■■■■■■■■■■■■■■rr .� �■■■■■■r■■■r■■■■■■'11 � �='ow Iltll� log;' I� I I� n���IIIIIIIIIIIIIIIIII� Il�I r At Elm IN■ Pull1■r■► rluu►. ■u uu'r. u■1'■u u uu u■ ■ ■urn quo uR,10■ � u■■11 ■ •. nu■■ iu. MI: NE rl ■■■■1 WHOM uH ■u■1 ■1■■■ i■■■■1 i■■■■■1 mmgi , aorta .�■u■■pl ■ M■■■-■1 ■ fiGo:c ■1 IlI■■■■■■u■■■1 rr■■■1 IMMMOMMOMi 11001011 '■■■■u■1 ■■■■■■1 oliu u. C ■I■-iiiuiiiivo. ■uur..� 1■Milli■■, ■► 1■■ ru , 1■ ■■■■■' ■■. ul ■ u■ iu', � 10' tl■■I ■F MOMEMEMEM11L EL'- 'NMI ■■■■■■■L •■r I■ul ■L - .. MI Mail u1--■1 v� -■ ■■to ■ii ■1 ■u■v1 �■ ur, a 11 ul u■1 ■1 ■■■6' ,■■ 1■■► t■. 11 tilt 1■■■ rl ■ ■u■■■■■ 1■■■, ■1 U 1■/ 1■r■ ■1 II■■■■■■■■ 1■u► 1■ ■ Vl. 1■■■ 11 VAV in I ■■■Mill � '4I Rr �� kv Plan Summary I. PURPOSE OF THE PLAN The 1993 Wilmington -New Hanover County Land Use Plan Update will serve as the blueprint for the area's growth into the twenty-first century. The Land Use Plan performs several important functions: A. Guidance for Government Decisions - The Land Use Plan's "Policies for Growth and Development" and "Land Classification Map" provide guidance to government officials in planning facilities, preparing regula- tions, issuing permits and in day-to-day decision making. The public, particularly developers, also benefit by using the Plan to anticipate governmental actions. B. Source of Information - The Land Use Plan and supporting technical studies provide valuable information on the local economy, population, environmental resources, community facilities and land use. C. Public Participation and Support - Numerous public meetings, the circulation of drafts, and various other means, helped ensure not only that the plan is a consensus of people's wishes, but also that the Plan will have the political support needed for implementation. COMPONENTS OF THE PLAN The Land Use Plan consists of three major components: Technical Reports and Studies, Policies for Growth and Development, and the Land Classification Map, each of which is discussed in the following summary. The complete Plan is available from the City and County Planning Departments. A. Technical Reports The following series of Technical Reports was prepared as a basis for developing the Policies and the Land Classification Map. 1. Population Study of New Hanover County The County is growing at a rate 25% faster than that of the State. The County's growth will continue to outpace the State's due primarily to in -migration. 2. The Economy of New Hanover County The local economy is strengthening as the County continues to assert its role as the trade and service center for southeastern North Carolina. Non -manufacturing jobs account for most of the significant increase in the County's employment base. 3. Existing Land Use in New Hanover County Residential development consumes almost 50% of developed land in the City and County. Approxi- mately 79,000 acres remain undeveloped with all but 5% of the undeveloped land being in the unincorporated County. 4. Area Service Guide This report surveyed public capital facilities and services in the County and City. The area's cultural resources are also highlighted in this document. 5. A Planning Guide: Summarization of Planning Reports Since 1986 (City of Wilmington) This report discusses the ordinances, plans and other documents presently guiding growth in the City of Wilmington. 6. A Summary of Plans, Policies, and Regulations in New Hanover County This report discusses the ordinances, plans and other documents presently guiding growth in New Hanover County. 7. Wilmington's Forecast: "Today and Tomorrow" This report assesses current conditions and area trends which will be necessary to guide land use and development in the community for the next decade. 8. Hurricane Mitigation and Reconstruction Plan In anticipation of a hurricane or other disaster, this plan can be used to mitigate the loss of life and property which may occur. The acquisition of high risk areas for open space and recreation is one of the best mitigating measures a local government can use. 9. Environmental Resources and Constraints in New Hanover County This report provides an evaluation of many factors affecting the County's environment. Protection of estuarine surface and ground water quality remains among the most important environmental issues facing the County. 10. Future Land Use of New Hanover County Residential development will continue to be the dominant land use in the County. The propagation of commercial "strip" developments along major roads and at intersections should be minimized. Summary of the Wilmington - New Hanover County Land Use Plan 1993 Update Adopted by: Wilmington City Council October 19, 1993 New Hanover County Board of Commssioners November 1, 1993 Certified by: Coastal Resources Commission November 19, 1993 B. Policies for Growth and Development An extensive and thorough information gathering process which included compilation of the technical reports, numerous public hearings and careful consideration by the City Council and County Commissioners culmi- nated in the adoption of the policies contained in this document. These officially adopted policies will guide future decisions on land use, the provision of public facilities and the management of the County's many and varied resources. C. Land Classification Map The Land Classification Map, presented on the reverse side of this document, divides the County and City into different land classes, based on such factors as desired growth densities, availability of services and natural resource constraints. These different classes, which are detailed in the text of the next section, were established using the same process as described for the Policies. Land Classes 1. DEVELOPED provides for continued intensive development of existing urban areas. 2. URBAN TRANSITION allows for intensive urban development on lands that have been or will be provided with necessary urban services. Residential development can exceed 2.5 units/acre provided the development shall be serviced by City or County sewer systems and has direct access to a major road. Urban transition areas are suitable for closed water systems. 3. LIMITED TRANSITION identifies areas where increased development is expected to occur. Residential density in Limited Transition areas should be no more than 2.5 units/acre with lower density more desirable. The use of clustering and Planned Unit Development (PUD) is encouraged for these areas. 4. COMMUNITY allows for "crossroads" type development to help meet limited service and residential needs in the less developed areas of the County. Services may be provided to these areas but not to stimulate more intensive development. Areas typically consist of clustered, mixed land uses. 5. RURAL provides for low density residential development not to exceed 2.5 units/acre where urban services cannot be economically provided. Industry, agriculture, forestry and mineral extraction are suitable for isolated rural locations. Policies for Growth & Development 1.0 RESOURCE PROTECTION POLICIES 1.0(1) Preserve, protect and augment the area's important natural resources, which include the air, land and sea environments. 1.1 NATURAL RESOURCE CONSTRAINTS ON DEVELOPMENT POLICIES 1.1(1) Development activities in ocean erodible areas, high hazard flood areas, and inlet hazard areas shall be carefully controlled. The proper location and design of shoreline structures and the preservation of natural protective features shall be required. 1.1(2) Barrier islands which have the following five characteristics shall be developed only for water dependent uses such as pleasure boat docks and landings; they shall not be developed for residential use: a. The land is a barrier island or part of a barrier island with a density equal to or less than one residential unit per five acres. b. The barrier island area has been assigned the most severe rank with regard to hurricane forces. C. The barrier island area is not connected to the mainland by a permanent network of roads and bridges that would allow safe and timely evacuation by land rather than by boat. d. The barrier island area does not qualify for the National Flood Insurance Program as administered by the Federal Emergency Management Agency. e. The barrier island area is classified as Conservation in the Land Use Plan. 1.1(3) Development activities within the 100 year floodplain shall be carefully controlled to minimize development, encourage low intensity uses such as open space and recreation, and ensure strict compliance with state and federal regulations concerning wetland protection. 1.1(4) Shoreline erosion control and channel maintenance projects shall be supported only where: a. No significant adverse impacts will occur on shoreline dynamics; b. Significant economic or recreational benefits will occur for planning area residents; and C. The public shoreline will be the primary beneficiary in erosion control projects. 1.1(5) Development on class IV soils as defined in the 1981 technical report, Classification of Soils in New Hanover County for Septic Tank Suitability shall be limited and septic tanks shall not be allowed. 1.1(6) Development activities within the estuarine watersheds shall be carefully controlled to prevent the degradation of water quality in the creeks and sounds, and to ensure the protection of these vital natural resources. Agriculture uses, golf course construction and maintenance should be designed and operated to minimize to the extent reasonable, nutrient and pesticide loadings. The City and County shall monitor technological advances and ongoing scientific studies to determine whether estuarine shoreline setbacks and buffer regulations should be adopted. 1.1(7) To the extent that the cumulative impacts of land utilization and the ecological carrying capacity of coastal ecosystems are determined through study and analysis, such information shall be considered in the future development or revision of local plans, capital facilities, services and ordinances. 1.1(8) The City and County shall seek to preserve and restore shellfishing in all SA waters and to bring all coastal waters designated or formerly designated SA to the highest quality possible. 1.1(9) Stormwater management shall be implemented to minimize nonpoint pollution to the maximum extent necessary and practicable as part of any redevelopment or infrastructure project funded by the public. 1.1(10) Collection systems that directly discharge stormwater to surface waters will be eliminated whenever possible as part of any redevelopment project. 1.2 PROTECTION OF CAMA-DEFINED AREAS OF ENVIRONMENTAL CONCERN 1.2(1) Estuarine waters, estuarine shorelines and public trust areas shall be prohibited from use by development activity which would result in significant adverse impact to the natural function of these areas. 1.2(2) Development of estuarine system islands shall be permitted only if proper measures are taken for hurricane evacuation, utilities provision, access on and off the island, pollution control, and other design considerations that will ensure compatibility of the development with the estuarine systems. 1.2(3) Drainage from land use activities shall have rate of flow and volume characteristics as near to natural conditions as reasonable. 1.2(4) The phased development and extension of the County sewer system shall be continued and encouraged as a means of eliminating pollution from malfunctioning or inadequate septic systems and package treatment plants. 1.2(5) In order to protect estuarine water quality, only sewage treatment plants of the highest quality, whose standards of operation provide the greatest measure of protection feasible shall be allowed to discharge into public surface waters and then only if it is not feasible to connect to the public sewer system. 1.2(6) The development of marinas shall be supported as a means of providing public access to the extent that their development shall not adversely impact estuarine resources or public trust waters. 1.2(7) Floating home development shall be prohibited in order to protect our public trust and estuarine waters. 1.2(8) The County and City shall take all necessary actions to prevent further deterioration of estuarine water quality and loss of public trust uses in the creeks and sounds and to bring all coastal waters up to the highest quality possible. 1.2(9) The City and County shall allow uses of estuarine and public trust waters that provide benefits to the public and which satisfy riparian access needs of private property owners. 1.2(10) The City and County shall support strict enforcement of state regulations for dredging in primary nursery areas. 1.2(11) No mowing or clearcutting of coastal wetland vegetation shall be allowed within any coastal wetland AEC except where supported by sound scientific and technical knowledge. 1.2(12) Recognizing that adequate, properly sited boat access facilities are essential to the preservation of both the economy and the environment, it shall be the policy of the City and County to provide additional boat access facilities. 1.2(13) The County shall pursue a policy of "retreat" along our estuarine shorelines in order to accommodate future sea level rise and wetland migration. 1.3 1.4 1.5 2.0 2.1. 2.2 2.3 6. CONSERVATION provides for effective long-term management of significant, limited or irreplaceable areas. Generally, all marshes and adjacent lands within the 100-year floodplain have been classified as "Conservation". Exceptions to the 100-year floodplain criterion are limited to water dependent uses (i.e., uses that cannot function elsewhere), shared industrial access corridors and exceptionally designed development proposals on relatively high ground where adverse impacts to the estuarine system can be shown to be negligible, if any. Residential density cannot exceed 2.5 units/acre. 2.4 7. RESOURCE PROTECTION provides for the preservation and protection of important natural, historic, scenic, wildlife, and recreational resources. Residential density cannot exceed 2.5 units/acre. 2.5 2.6 3.0 3.1 1.2(14) Bulkhead construction along our marsh wetlands shall comply with all state and federal regulations. POTABLE WATER SUPPLY POLICY 1.3(1) Sources of potable surface and groundwater for the City and County shall be conserved and protected. The Castle Hayne Aquifer shall be preserved in its present unpolluted state as the primary groundwater resource in the County. POLICIES IN THE CONSIDERATION OF OTHER FRAGILE OR HAZARDOUS AREAS 1.40) Plans for the safe transportation of hazardous materials, for the prevention and clean-up of spills of toxic materials, and for the evacuation of area residents in response to natural or man-made hazardous events shall continue to be supported. 1.4(2) The siting of all industries, including energy facilities and high voltage utilities, shall be carefully reviewed to ensure the protection of area residents and natural resources. 1.4(3) The County's innovative incinerator and landfill system shall continue to be supported and improved. 1.4(4) The City and County shall ensure the compatibility of surrounding land uses with the New Hanover County Airport. 1.4(5) The City and County shall eliminate illegal trash dumping and landfills through strict enforcement. 1.4(6) The City and County shall continue to seek ways to reduce and manage the solid waste stream through expanded recycling programs, encouraging composting and multi -jurisdictional cooperation. HISTORIC AND CULTURAL RESOURCE POLICIES 1.5(1) The City and County shall take proactive steps to identify and protect important historic and cultural resources. 1.5(2) The redevelopment of downtown Wilmington shall be a high priority, continuing to build on past successes and carefully matching public incentives with private investment. RESOURCE PRODUCTION AND MANAGEMENT POLICIES 2.0(1) Short-sighted or premature commitments of the area's natural resources shall be avoided. 2.0(2) Efforts by other governmental and private agencies to wisely manage the natural resources of the area and the region shall be supported. AGRICULTURAL AND FORESTRY RESOURCES POLICY 2.10) Premature conversion of the planning area's remaining farmlands and commercial woodlands into more intensive uses shall be discouraged. MINERAL RESOURCES POLICIES 2.2(1) Development of the planning area's mineral resources shall be allowed as long as such development occurs in an environmentally sensitive manner, is compatible with nearby resources and provides a plan for reclamation and reuse. 2.2(2) Development of all off -shore mineral, oil and gas resources shall be discouraged. RECREATION AND OPEN SPACE POLICIES 2.30) Preservation of unique natural areas shall be encouraged in order to provide area residents and visitors with a wide variety of recreational opportunities. 2.3(2) Public recreational facilities and open space shall be provided and maintained in accordance with public demand and expected population growth. 2.3(3) Existing public shorefront access shall be preserved and new shorefront access areas shall be acquired and developed. 2.3(4) Outside funding sources for recreational facility development shall be pursued. 2.3(5) Public boating access shall be encouraged and provided by the City and County. FISHERIES RESOURCES POLICIES 2.4(1) The continued productivity of commercial and recreational fisheries shall be enhanced through the protection of the unique coastal ecosystems, including primary nursery areas, shellfish waters and coastal marshes, upon which they depend. 2.4(2) Protection, preservation, and restoration of shellfishing in all SA waters shall be encouraged and pursued. OFF -ROAD VEHICLE POLICY 2.5(1) Efforts to control off -road vehicle use in the ecologically sensitive ocean and estuarine shoreline areas shall continue to receive support from County government. ENERGY CONSERVATION POLICY 2.60) Innovative and effective means of improving energy conservation techniques and practices shall be encouraged. ECONOMIC AND COMMUNITY DEVELOPMENT 3.0(1) Existing and programmed public services shall be coordinated with future land use intensities based on our area's carrying capacity and in accordance with adopted growth management policies. 3.0(2) Use of innovative and flexible planning and engineering practices and urban design standards shall be encouraged. 3.0(3) A sufficient variety and amount of future land use types shall be provided in order to accommodate public demand. 3.0(4) Compatibility between future and existing land uses shall be encouraged. 3.0(5) The costs associated with the area's rapid growth shall be distributed equitably to the maximum extent practical. 3.0(6) Improved coordination between City and County planning and development efforts shall be accomplished through the use of interlocal agreements and unified development codes, in order to promote consistency and to avoid future conflicts and costs of development. RESIDENTIAL DEVELOPMENT POLICIES 3.1(1) Innovative and flexible development standards and incentives shall be developed to ensure the continued availability of a wide range and sufficient supply of affordable residential housing types. 3.1(2) Housing opportunities shall be encouraged to be developed for citizens of all economic status to include the elderly, physically and mentally challenged, single parent households, and the area's homeless population. 3.1(3) Encroachment upon residential neighborhoods by more intense land uses shall be avoided. 3.1(4) New residential development shall be designed to minimize impervious surfaces and maximize open space. 3.1(5) Efforts will be made to reduce through traffic in residential areas. 3.1(6) Restoration of structures and neighborhoods of historic and architectural significance shall be encouraged. 3.1(7) Efforts by individuals and neighborhoods to promote "exclusionary zoning" shall be discouraged. 3.1(8) Neighborhood and sector level planning activities shall be utilized in the development of land use studies, programs and strategies. 3.1(9) New subdivisions should be designed to encourage access to adjoining neighborhoods if necessary to accommodate the flow of traffic. 3.100) An area's carrying capacity shall be considered in the phasing and timing of new development projects. 3.101) Historically significant structures and neighborhoods shall continue to receive regulatory protection; new standards, regulations and incentives which promote the preservation and maintenance of the area's historic resources shall be supported to preserve this tangible, aesthetically significant link to the planning area's past. 3.2 OFFICE AND INSTITUTIONAL POLICIES 3.20) Office and institutional development shall be considered appropriate land usage adjacent to residential development provided that design, scale and uses are compatible with adjacent residential development. 3.2(2) Major institutional employers shall encourage employee shift changes for non -peak traffic hours as a means of relieving traffic congestion. Ride -share programs shall be encouraged. 3.2(3) Major institutional employers shall encourage the use of mass transit by employees through the provision of transit shelters at convenient locations within the development. 3.3 COMMERCIAL DEVELOPMENT POLICIES 3.30) Commercial development projects shall be encouraged to locate in designated commercial nodes which already contain public services, including transportation, required by the projects, or in areas in which the needed services are readily available. 3.3(2) The redevelopment of existing commercial nodes shall be encouraged through the use of flexible development standards and evaluation. This shall be the preferred method of commercial expansion. 3.3(3) Uncontrolled strip commercial development shall be avoided. 3.3(4) Redevelopment of Downtown Wilmington, north Fourth Street, and Castle Street, shall be a high priority, continuing to build on past successes. 3.3(5) The City and County shall jointly provide support for the creation and establishment of small businesses. 3.4 INDUSTRIAL DEVELOPMENT POLICIES 3.4(1) The City and County shall encourage diversification of the area's economic base through a detailed recruitment plan developed in conjunction with the Committee of 100 and the Chamber of Commerce. 3.4(2) The City and County shall focus on attracting certain industries which can be developed in a manner consistent with the local public service supply, the local employment base, and our natural resources. 3.4(3) The City and County shall preserve, protect, and augment wherever possible, the complimentary relation- ships between the area's various industries, while minimizing potential conflicts. 3.4(4) The City and County shall encourage land use compatibility between the new industrial sector and the residential and commercial sectors. 3.4(5) The City and County shall promote and attract industries which encourage the upward mobility of low and moderate income persons. 3.4(6) Because of its relationship with the natural and historic resources of the area, the tourist industry shall receive special support from the City and County. 3.4(7) The City and County shall continue to support the planned growth and valuable contributions to the area's economy by the State Ports Authority. 3.4(8) Refinery operations shall only be allowed if there are no significant impacts on the area's environmental and historic resources. 3.4(9) The City and County shall encourage the location of industries that will promote ongoing education programs in the marine sciences. 3.4(10) The City and County shall promote the location of industries that will be compatible with the area's ecosystem. 3.4(11) The City and County shall encourage the location of diversified industries through the provision of an adequately trained employee pool. 3.402) New industrial activities shall be located within existing industrial corridors and shall not be permitted to harm the property values of established residential areas. 3.4(13) The tourism industry shall be considered in the recruitment and location of industrial firms. Industries that may pose a threat to the built or natural environment shall not be located in proximity to residential development or to established tourism attractions such as the historic core of the City of Wilmington. 3.4(14) The operation and placement of oil refinery operations shall be prohibited in close proximity to established residential and or historic resources, or in such locations that may result in the potential for significant impact on the area's environmental resources. 3.5 TRANSPORTATION POLICIES 3.50) Level of service standards and programs for area roadways and trailways shall be established. 3.5(2) Traffic circulation improvement priorities shall be established to provide for the timely allocation of resources in meeting the transportation needs of the area. 3.5(3) The City and County shall support the efforts of other local, state and federal agencies that improve the flow of people and products in the City and County. 3.5(4) The City and County shall ensure that the type and design of the existing and future transportation system and the planning for future land uses result in an effective traffic circulation pattern. 3.5(5) Mass transit programs, bikeways and other alternatives to single occupant automobiles shall be preferred as a method of alleviating congestion and circulation problems over the construction of new roadways. 3.5(6) Continued use and development of the Wilmington Harbor, Atlantic Intracoastal Waterway, the State Ports Authority and the New Hanover International Airport shall be encouraged. 3.5(7) Conflicts between transportation facilities, such as rail service, and other land uses shall be minimized. 3.5(8) No new or enlarged through highways shall be constructed in any area classified as Resource Protection or Conservation without thoroughly analyzing environmental impacts, other impacts and benefits. 3.6 CAPITAL FACILITIES AND COMMUNITY SERVICES POLICIES 3.6(1) The City and County shall provide timely and cost-effective provision of capital facilities and community services on the basis of anticipated growth and demand. 3.6(2) Coordination between the City, County and other governmental agencies shall be encouraged in the provision of capital facilities and services. 3.6(3) The City and County shall consider the adoption of a system of impact fees to ensure timely and economically sound provision of public services to new development. 3.6(4) The City of Wilmington and New Hanover County shall work together in conjunction with other local communities for the provision of necessary transportation and open space needs. 3.7 URBAN DESIGN AND OTHER POLICIES 3.7(1) The development of more detailed land classification or future land use maps and plans shall be encouraged. 3.7(2) The development of a uniform land use evaluation system for use by City and County officials and staffs shall be encouraged. 3.7(3) Adequate landscaping and tree protection shall be encouraged for parking lots, residential areas, and commercial and industrial projects. 3.7(4) Buffering standards which promote compatibility between land use types shall be supported and strength- ened where necessary. 3.7(5) The use of signs shall be controlled in a manner that recognizes aesthetic, safety and commercial concerns and preserves and protects our landscapes and waterways. 3.7(6) Multiple and adaptive reuse of the area's historic resources shall be allowed and encouraged. 3.7(7) Trails and greenways should be identified and developed into a comprehensive system. 3.7(8) Urban design regulations shall take into account the diverse qualities each development has to offer. These qualities shall be refined to create a unique sense of place which compliments surrounding man-made and natural features. 3.7(9) Existing landscaping and tree preservation ordinances shall be evaluated and new standards adopted to address urban appearance issues. Tree preservation efforts should include the inventory of selected specimens. 4.0 PUBLIC PARTICIPATION 4.0(1) The City and County shall continue to creatively utilize all sectors of the local media, as well as the local educational institutions, to increase public awareness and involvement in resource and development issues. 4.0(2) Neighborhood planning techniques shall be utilized to further encourage public awareness and involvement in issues affecting neighborhoods. 4.0(3) Programs which take advantage of existing media productions, private industry professionals, and local government employees to educate the public about land use concerns, the provision of public services, and the role of developers and other citizens in making intelligent land use decisions shall be encouraged. 5.0 STORM HAZARD MITIGATION, EVACUATION AND RECOVERY 5.0(1) The City and County shall continue to discourage high intensity uses and large structures from being constructed within the 100 Year Floodplain, erosion prone areas, and other locations susceptible to hurricane and flooding hazards. 5.0(2) Following a storm event, the County will take advantage of opportunities to acquire or purchase land located in storm hazard areas which are rendered unbuildable. The property should satisfy objectives including, but not limited to the conservation of open space, scenic areas, and provision of public water access. 5.0(3) Immediate clean up and removal of debris from public roads is the responsibility of the North Carolina Department of Transportation. Public expenditure of funds for the repair or reconstruction of any private road or vehicular easement which is damaged or destroyed as a result of an intense storm event shall not occur. All private roads will be the responsibility of the individual landowners. 5.0(4) In the event of a hurricane or disaster, the City Council and/or Board of Commissioners may declare a moratorium on the acceptance of any request for rezoning other than for rezoning to a less intense use, unless that rezoning request is initiated by the City or County. 5.0(5) In the event of extensive hurricane damage to public utilities requiring replacement or relocation of these utilities, efforts shall be made to locate damaged utilities away from hurricane hazard areas or to strengthen their construction. 5.0(6) Priority shall be given to those repairs that will restore service to as many persons as soon as possible. 5.0(7) The City Council and/or Board of County Commissioners may request that a new assessment of hazard areas be performed, depending on the extent of flooding and the changes to shoreline and inlets caused by the hurricane. 5.0(8) The City Council and/or Board of County Commissioners may declare a moratorium on the permitting of any new construction, new utility hookups, or redevelopment construction that would increase the intensity of the land uses existing before the hurricane or disaster. 5.0(9) The Recovery Task Force shall have the responsibility for directing reconstruction within New Hanover County after a damaging storm. This Task Force shall be responsible for advising the Board of County Commissioners on a diverse range of post -storm issues. 5.0(10) A building moratorium shall not occur unless authorized or extended by the Recovery Task Force or resolution by the Board of County Commissioners and/or City Council. 5.0(11) The City and County shall be responsible for the overall supervision of clean up and disposal of debris resulting from an intense storm event. 5.002) It shall be a policy of the City and County to retain on a seasonal basis an assistance facilitator/consultant who, as directed by the County Manager, will be responsible for: a. Determining the types of assistance available to the City and County and the type of assistance most needed. b. Assisting in the coordination of the federal disaster recovery effort. C. Coordinating federal and state programs of assistance. d. Informing the citizenry of types of assistance programs available. e. Recommending to the Recovery Task Force and Board of County Commissioners programs which are available and then acting as facilitator in securing those programs.