Condominiums and Barrier Islands Issues Effects Guides for Development-1984

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JOHN J HOOTON AND ASSOCIATES
WILMINGTON, NC

TABLE OF CONTENTS
PREFACE---------------------------------------------------- 1
1.0 PERSPECTIVE----------------- ----- 2
1.1 REPORT HISTORY----------------------------------------- 3
.1.2 FACTORS INFLUENCING DEVELOPMENT ON BARRIER ISLANDS----- 3
2.0 LAND USE PLANNING GOALS-------------------------------- 8
3.0 ENVIRONMENTAL EFFECTS OF CONDOMINIUM DEVELOPMENT ON
BARRIER ISLANDS---------------------------------------- 12
3.1 BARRIER ISLANDS -THEIR ROLE IN THE COASTAL ECOSYSTEM---- 12
3.2 BEACH DYNAMICS----------------------------------------- 12
3.3 DUNES-------------------------------------------------- 13
3.4 INLETS------------------------------------------------- 14
3.5 MARITIME FORESTS--------------------------------------- 15
3.6 MID -SALINITY SYSTEMS----------------------------------- 16
3.7 OYSTER REEFS------------------------------------------- 17
3.8 SALT MARSHES------------------------------------------- 18
3.9 PROCESSES/VALUES AND DEVELOPMENT EFFECTS--------------- 11
3.10 SUMMARY OF POTENTIAL DEVELOPMENT EFFECTS-------------- 27
4.0 SUMMARY OF CONCLUSIONS, POLICIES AND RECOMMENDATIONS--- 18
5.0 DEFINITIONS AND DISTINCTIONS--------------------------- 39
5.1 THE NORTH CAROLINA UNIT OWNERSHIP ACT------------------ 39
5.2 THE COMMUNITY ASSOCIATION------------------------------ 42
6.0 DEMONSTRATION VALUE FOR OTHER COASTAL COMMUNITIES------ 48
ADDENDA
CONDOMINIUM REVIEW ORDINANCE
.ASSESSMENT METHODOLOGY
DESIGN GUIDELINES

PREFACE
The preparation of this report was a result of the increas-
ing rate of development of condominium units.within the jurisdic-
tion of Onslow County and the Town of Surf City. Local officials
and citizens became concerned that this might adversely affect
the island's natural and esthetic values and requested a grant
under the State's Coastal Area Management Act program to prepare
guidelines for future condominium development. As various
groups -public and private -with an.interest in the future of
Topsail Island and coastal development began to express their
views the scope and content of this report gradually expanded to
include many important issuses related to broader concerns gener-
ally categorized as growth management,land use planning and car-
rying capacity. In seeking to address as many as possible of
these important questions, and provide at least a framework for
future possible solutions, additional reference materials have
been provided for assessment of condominium construction, site
design and adequacy.of.community associations.
The report is structured so as to first, provide an overview
of development problems associated with condominiums, and most
importantly to give some perspective to the relationship _between,
existing and needed regulations and potential future development
on North Carolina's barrier islands. The second section of the
report is intended to reflect and expand local land use planning
goals for barrier island development primarily as it relates to
condominiums as well as single family detachedhousing.' The
third section focuses on the effects of condominium development
1

on barrier islands and specifically the way that coastal ecosys-
tem processes and their values might be affected. Based on the
conclusions of this section conclusions, policies and recommenda-
tions are developed. The next section attempts to clear up past
misconceptions .concerning condominium development and point out
possible opportunities that exist ifadequateplanning and design
guidelines are followed. The last section explains. how this
report can be used by other local governments with jurisdiction
and responsiblity for development of barrier islands
The preparation of this report was financed in part by a
grant provided by the North Carolina Coastal Area Management
Program through funds provided by the Coastal Zone Management Act
of 1972.
2

1.0 PERSPECTIVE
1.1 REPORT HISTORY
The_ initiative for this report originated with the Onslow
County planning Department and:the Town of.Surf City, as both
governmental bodies began to realize the potential for rapid
large-scale development of the barrier islands within their
jurisdiction. Sparked by a controversial development on Topsail
Island's 'northernmost tip, at New River Inlet, some citizen
groups began to acively oppose further development, particularly
any that utilized the.condominium form of ownership, on Topsail
Island. The potential for additional development was
significantly increased by the construction of the State's
largest private waste disposal system, thus eliminating one of
the most serious obstacles to development on the island.
Explosive development, all involving condominium ownership,
at neighboring beaches --Carolina Beach, Atlantic Beach,
Wrightsville Beach --prompted Onslow County and Surf City to apply
for a grant from the North Carolina Office of Coastal Management
to fund a study of the fiscal and environmental effects of
condominium. development on a barrier island. A part of the
report would be to recommend ways to evaluate and mitigate these
anticipated impacts. Methods to be considered would include
location, design and maintenance guidelines and necessary amend-
ments to local government land use plans and ordinances..
1.2 FACTORS INFLUENCING DEVELOPMENT ON BARRIER ISLANDS
Three major influences will determine -the type, timing,
3

intensity and location of development. on barrier islands, or for
that matter in any location. These are legal restrictions, physi-
cal impediments(including water and sewer availability), and
financial conditions(primarily construction and interest costs to
the builder and prospective buyers). While each of these may
play a more or less significant role in triggering development
decisions, depending upon existing conditions, it is interesting
to observice the experiences of .two neighboring communities that
have a history of condominium development.
The Town of Wrightsville Beach, prior to 1972, had few
height limitations and adequate water and sewer capacity.
Favorable interest rates and good general economic conditions
prompted the development of three high-rise(10 story).condominium
projects. Many residents objected to the projects, contending
their scale and appearance was incongrous with the rest of the
Town's land use. Many -citizens also feared the "New Jerseyism"
of the town. Consequently, strict zoning limitations were enac-
ted not only reducing density but imposing height limitations to
40 feet in virtually all remaining developable areas. As the
mid-70's real estate recession set in, these restrictions com-
bined with higher interest rates to greatly decrease new
construction of condominiums. However, in the late 70's more
favorable financing and vastly increased demand spurred a new
"mini -boom" in condominium construction, although design was now
of the low-rise townhouse_ style. Interest rates at Wrightsville
Beach have been less important than in some other communities,
since the desirability of the area has attracted persons in
income levels who are capable of making unleveraged purchases.
4

The "mini -boom" once again caused some. -citizens to ask for
greater density controls: During all this period, 1972-1982,
water and sewage treatment, although a problem, could be
.surmounted by determined, well -financed developers who were
willing to comply with.the Town's requirement of providing 150
percent treatment capacity at the developer''s expense. But as
available land became scarce, developers moved into "motel-
miniums" and other time-share type projects.
In neighboring Carolina Beach, condominium development pro -
needed at a slow pace during all of the 1970's despite reasonable
financing, lenient zoning restrictions and considerable develop-
able land. Two factors contributed to this relatively slow pace -
lack of sewage treatment capacity and a less favorable image.
However, by 1980 a new central sewage treatment plant had been
installed and with the lack of available land and zoning restric-
tions at neighboring Wrightsville Beach, major.new condominium
projects were announced.
In contrasting the experience of these two communities and
identifying the forces most significant for Topsail Island's
future, two factors stand out. First, there appears to be a
continuing and increasingly strong demand for housing on North
Carolina's coast. The market radius of this demand is geographi-
cally widespread and includes much of the northeastern United
States; however, the large military populations in the area --Ft.
Bragg,. Camp LeJeune and Ft. -Fisher Air Force Base --provide a
natural local market for medium priced units. In addition, the
relative proximity to the vast population in the Piedmont area of
9

North Carolina adds -more market support. The second factor is
that of the three.basic determinants of development, it appears
that the availability of sewage treatment facilities is the most
important in creating rapid development, particularly high-rise
designs. State regulations prohibit any discharge into the ocean
or intra-coastal waterway, thus requiring either a central treat
went plant or on -site treatment. Except for Wrightsville and
Carolina Beaches, no other barrier island towns have treatment
facilities, and on -site treatment systems often require valuable
land area. In Wrightsville Beach, development continued, al-
though at a different scale, as long as demand existed and treat-
ment capacity was available. In Carolina Beach, an explosion in
condominium growth occurred when treatment capacity became
available. >
These observations, although general in nature, are
significant for Surf City and particularly for Onslow County.
Both areas are well -positioned geographically in the radius of
the potential local and regional markets; but even more signifi-
cantly, sewage treatment may.pose much less of a problem in these
communities because of the presence of central treatment facili-
ties and available land for on -site disposal. In the West Onslow
Beach area, construction is nearly complete on a $3 million
sewage treatment plant and pipeline. The private utility compa-
ny(North Topsail Water, and Sewer) has indicated plans to increase
capacity from the current 1 million gallons per day to as much a
5 million. At the current capacity of 1 MGD, a population the
size of Wrightsville Beach's peak population of 25,000 persons
6

could be served. At the maximum capacity of 5 MGD, five times
that number, or 125,000 persons, could be served.
During the 1970's,- most towns without the resident and
tourist population of Wrightsville Beach and Carolina Beach
looked to the federal government for assistance in constructing
sewage. treatment facilities under the 11201" program. Without
demand at the levels found in these two towns, developers did not
consider it feasible to construct private systems other than on -
site disposal systems for individual projects. Considering the
expense involved in construction of the North Topsail system, it
is evident that at least one developer believes that demand is
at, or will soon reach, levels that make this type of facility
feasible.
While it is, unlikely that the maximum sewage treatment
levels will be reached within the next 4 to 5 years, it seems
apparent that external economic forces will continue to create a
favorable. development climate for condominium projects --with or
without treatment facilities. Thus, local governments can no
longer depend on high interest rates or relatively low demand
levels to maintain low intensity single-family detached develop-
ment patterns now prevalent. The last determinant of land use
change, public restrictions, will be the major influence on
future land use patterns on Topsail Island.
7

2.0 LAND USE PLANNING GOALS
Any set of development policies or standards will be much
more effective in guiding future land use patterns if it is
designed to promote broader community land use goals. The
recently adopted land use plans of Surf City and Onslow County
under the North Carolina Coastal Area Management Act should be
the guides for setting policies. and standards for condominium
type developments in their respective jurisdictions.
2.1 SURF CITY LAND USE POLICIES
The Surf City Land Use Plan adopted by the Town Council on
January 5, 1981, contains the following policies that are
important for condominium owners and developers:
GENERAL DEVELOPMENT OBJECTIVE It is the objective of the
Town to adopt policies and ordinances and take appropriate
actions to promote the growth and development of the Town as
a predominantly single-family residential community with
limited supporting retail services and tourist oriented
used. The term "single-family residential" includes multi-
family ownership units(for example, condominiums), provided
such development is consistent with other Town policies and
ordinances.
This land use objective of Surf City's specifically
recognizes condominium development that is consistent with other
Town policies and ordinances. Other applicable land use policies
contained in the CAMA Land Use Plan are the following:
AREAS OF LOCAL CONCERN It shall be the policy of the town
to encourage the maintenance of the existing maritime forest
by allowing only that development that will cause of the
least practical disruption of the maritime forest cover.
All uses currently permitted under the Town Zoning Ordinance
will be allowed in areas with maritime forest, but only if
consistent with the above policy.
8

IMPLEMENTATION The Town will adopt as a part of its zoning
ordinance a standard for. evaluation of multi -family
dwellings that will require the avoidance of removal of any
part of the maritime forest except that which is the
absoluteminimum to allow reasonable use of the site. The
Town" will adopt as a part of its procedures for
administration of its building code requirements that plans
submitted to the building inspector show maritime forest
areas and construction procedures that will cause the least
practicable disruption to these areas.
TIMING AND DENSITY OF DEVELOPMENT' The timing of development,
shall be consistent with the Natural Resource Policies- and
the capacity of the Town to provide water and sewer services
to additional projected development. Water and sewer
facilities should not be expanded to a capacity greater than
that required to accommodate projected permanent or peak
populations; that is, no facility expansions should be.pro-
vided to induce or promote growth beyond projected demands.
The density of development shall be consistent with that
allowable in the Town Zoning Ordinance.
CARRYING CAPACITY, It shall be the policy of the Town to
insure that all future development adheres to all applicable
local and state regulations governing the operation, loca-
tion and installation of on -site disposal systems. It shall
further be the policy of the Town that any action by the
Town that may result in an increase in density above that
currently permitted under existing ordiances will consider
the effects of such action on existing water quality; and
should such effects be negative, the town will take whatever
action is required to mitigate those effects.
BEACH ACCESS, PRESERVATION AND EROSION CONTROL 1) Renouris-
hment, supplemented by land use controls, access control and
vegetation maintenance, is the preferred alternative for
erosion control; 2) since the dune and -berm is a resource
used by persons throughout the region and state, the cost of
its maintenance should be distributed among its user -
beneficiaries in equal proportion to the benefit received;
3) the expenditure of public funds for dune and berm protec-
tion must be complemented by provision of public access to
the beach and shore; 4) to protect the dune system and its
stabilizing vegetation by a) routing the flow of pedestrian
traffic to central points of access to the water, and b)
enforcing dune protection ordinances; 5) to implement the
policies and recommendations of the Surf City Beach Access
Plan.
E

2.2 ONSLOW COUNTY LAND USE POLICIES
The Onslow County Land.Use Plan policies are less specific
in addressing condominium type developments, probably reflecting
the broader geographical area and more diverse housing types that
had to be accounted for in a county -wide plan. The following
policies, found in the 1981 plan, provide some guidance in
establishing policies for condominium developments:
GROWTH 1) allow growth to occur in an orderly manner; 2)
permit intense development in those areas that are served
or will be served with urban services.
RESOURCE PROTECTION OCEAN DUNES M BEACHES Uses shall be
compatible with CAMA regulations and policies with highest
priortiy given to preserving the dune system and access to
the beach. Depending on the site and surrounding land uses,
possible uses could include residential, commercial, public,
semi-public or recreational uses. ESTUARINE SHORELINES
Uses shall be consistent with CAMA regulations and policies
and with nature and the values of the esturarine system.
Permitted uses should consist of recreational uses and low
density and commercial uses which will -not greatly increase
run-off into the esturary. IMPLEMENTATION Support the
construction of central facilities where septic efflent is a
contributor to water pollution and shellfish closing. Build
permanent vehicle crossovers from the highway to the beach
strand. Continue to require the donation of easements for
public access in beach subdivisions as required in the
Onslow County Subdivision Regulations or the donation of at
least an equivalent amount of oceanfront property.
ECONOMIC AND COMMUNITY DEVELOPMENT Encourage the
development of various housing types(such as mobile home
parks, planned unit developments, apartments, conventional
single-family homes, etc..) in the proper locations.
Throughout both Surf City's and Onslow County's land use
plan policies, several concerns .are apparent. One is the desire
to protect water quality by limiting the location and rate of
growth to levels and areas that are consistent with the capacity
of the areas' soils and water to absorb new development. Another
concern appears to be that even if the rate and location of
10 .

growth is restricted to levels consistent with local and state
health regulations,. resulting densities may result in damage to
water quality, thus making central sewage treatment an inevitable
neceessity to protect water quality. Both communities show a
particular concern for protecting existing beach access and
insuring that additonal access is provided in the future.
Finally,both land use plans recognize the.Coastal Area Manange-
went Act Areas of Environmental Concern and make their policies
consistent with the AECs. However, neither plan reflects any
opposition to development using the condominium form of owner-
ship, and both recognize it either specifically (Surf City) or by
implication Onslow County) as a form of desirable residential
development.
11

3.0 ENVIRONMENTAL EFFECTS OF CONDOMINIUM DEVELOPMENT ON BARRIER ISLANDS
The following discussion gives an overview of the major
components of.the barrier island ecosystem. The emphasis is on
the natural processes that represent values that should be consi-
dered in establishing policies for future development.
3.1 BARRIER ISLANDS -THEIR ROLE IN THE COASTAL ECOSYSTEM
BARRIER ISLAND DEVELOPMENT --Coastal geologists have debated
for over 100 years about the genesis of barrier islands and the
only conclusion reached is that their evolution is the result of
multiple causes. Most likely the first barrier islands of North
Carolina were formed in place on the continental shelf at a time
of low sea level several thousand years ago. River sediments
built up by wind and wave formed the typical mainland beach. As
sealevel rose due to a worldwide warming trend with subsequent
glacier melting, areas behing the mainland beach were flooded
forming an ancestral barrier. The Outer Banks of North Carolina
most likely resulted from migration of ancestral barriers and
addition and extension of secondary barriers through spit elonga-
tion and offshore bar emergence. Most of North Carolina's are
thought to be secondary barriers.
3.2 BEACH DYNAMICS
A barrier island is essentially a large littoral sand body
consisting of a shoreface maintained by the prevailing hydraulic
12

regime(waves and currents) and washover fans that are modified by
storms, wind, and human activities. A beaches profile is a
function of the amount of work required to remove sand and the
ability of the waves to do this world. This in turn is a function
of grain size, i.e., the coarser the sediment the steeper the
beach. Shingle beaches may reach slopes of 40 degrees, while
muddy shores may be flat. North Carolina's sand beaches rarely
exceed slopes of 10 degrees. For a given wave climate there is
an equilibrium profile at which a particular beach will have no
significant changes. The beach profile will change in response
.to a variation in wave energy with the critical factor being
delivery of wave energy to the beach which is described in terms
of wave steepness. Wave steepness varies with the seasons with a
net result of variations in berm width and height during summer
and winter. The critical factor in this process is that the berm
acts as a temporary storage area between.off shore bars and the
dune field and provides the mechanism by which the beach zone can
withstand high energy wave regimes.
3.3 DUNES
Dunes and dune fields are formed by the transport of sand by
wind and the growth of dune vegetation. Lack of nutrients,
instability and low soil moisture make colonization by most forms
of plant life practically impossible. However, tidal litter left
behind at the high watermark in strandlines provide the niche for
the initiation of plant growth necessary for dune formation.
Vegetation that can establish itself in a strandline(such as sea
oats or American beachgrass) begins to accumulate sand by reduc-
13

in_g the wind velocity at the surface. These two grasses develop
extensive horizontal and vertical rhizome systems which capture
rainfall and bind and stabilize 'sand surfaces.
Growth of a dune is initially parallel with the strandline
but its position may vary depending upon the strength and
persistence of onshore, winds. The height of the dune is
controlled by wind, rain and vegetation. They may shift. and
migrate position frequently through continuous windward erosion
and leeward deposition and occasional dune "blowouts." The
"ghost forests" of dead trees and stumps seen in barrier island ,
dunes and beaches are evidence of their migratory nature.
Dunes are thus the result of a fragile environmental
balance(many plants may be living at the extreme of environmental
tolerances and are easily disrupted) and the ecology of the dune
environment is affected by.their relative orientation,.stability,
distance inland and topography.
3.4 INLETS
A tidal inlet consists of a channel, an ebb -tide delta, a
flood tidal.delta, the barrier island swash bars and shoals with
most of its depositional structures and dynamic features changing
in response to currents and waves. The barrier island boundaries
on either side of the inlet -are constantly being modified by
erosion and deposition with one side building up while the other
erodes. This causes one side to extned farther downdrift over
the inlet entrance with the flood -tidal delta formed on the
lagoon side by sediments carried in on the flood tide. This
14

offset may not be present, however, in the case of inlets which
are at the- mouth of a large river where currents are strong
.enough to maintain uniform channel width. Thus the two most
important characteristics of an inlet are migration and stabili-
ty. Migration tends to occur in the direction of dominant long -
shore currents and thus in North Carolian inlets generally
migrate in a north -south direction. However, there are consider-
able exceptions to this generality as evidenced by damage to
public roads and private residences in several beach communities.
3.5 MARITIME FORESTS
Basically a variant of the coastal evergreen -forest a defi-
nition of maritime forests should include all forested areas
occurring on relict sand dunes either on the Outer Banks or
immediately adjacent to permanently salty sounds. However, even
with this broad definition maritime forest is quite rare and it
is virtually restricted to the wider portions of the barrier
islands. The maritime forest is essentially the result of an
adaptation to stress primarily caused by the effect of salt spray
which destroys terminal buds thus reducing apical dominance.
This reduction causes lateral branching and formation of a low,
extremely dense crown cover.
The values of the maritime forest are several. The dense
canopy provides a highly effective wind barrier which can
withstand even hurricane force winds. However, despite the
density of the crown cover, it is highly water permeable and thus
one of its prime functions is water conservation. The maritime
forest accomplishes this through 1) an outer heat shield and
15

reflector(the tight forest canopy), .2) a darkened dead air
space(the open shaded zone betweeen canopy and the ground), 3) a
layer of insulation(leaf litter and humus), and 4) a fine-grained
absorptive bed which retains water by capillary action(sandy soil
of the relict dune). The freshwater level is maintained at
nearly constant levels because this freshwater "reservoir" rests
on deeper brackish water. Because of limited primary production
and,low diversity the maritime forest is low in productivity when
compared to the adjacent salt marsh. However, it does provide
important nesting and shelter for many coastal species, including
deer, ospreys, and piliated woodpeckers.
3.6 MID -SALINITY SYSTEMS
The North Carolina coast.has one of the largest areas of
estuarine water in the U.S. with approximately 3000 square miles
in enclosed bays, sounds, and river mouths. By definition "mid -
salinity" means that the salinity of the water is 8-30 parts per
thousand but no clear line of demarcation can be drawn between
mid -salinity systems and more upstream freshwater system.
Salinity within mid -salinity systems will vary both verti-
cally and horizontally, decreasing in an upstream direction.
However, because salt water is denser than fresh water it also
decreases from bottom to surface. Sunlight is one of the most
important components of the system in terms of energy production,
and the degree and intensity with which it penetrates the water
column will greatly influence primary production. Thus, water
16

clarity, seasonal light differences, and water depth will all
affect productivity of the major base of the mid -salinity food
chain--phytoplankton, eelgrass, and rooted aquatic plants. Chief
predators are zooplankton and in the shallow North Carolina
estuarine systems the major herbivores are benthic animals such
as clams, oysters and mussels. In addition to being important
consumers of phytoplankton these animals aid in recycling phos-
phorous(mussells), and in producing pseudofeces(oysters and scal-
lops) which are colonized by bacteria and ingested by shrimp.
Further, all of these animals help maintain nutrients in the
water column by pumping large quantities of water. Thus, this
trophic level not only are important because of their direct
value as a food source for man but also because they are critical
in maintaining the integrity of the mid -salinity systme for the
larger more visible esturarine organisms such as fish, shrimp,
and crabs. Indeed, much of the primary value of the mid -salinity
system results from the fact that it serves as a nursery area or
temporary home for such commercially important species as striped
bass, shad, herring and alewife, shrimp, crabs, and menhaden.
3.7 OYSTER REEFS
Crassostrea virginica, or the eastern oyster, is one of the
most dominant estuarine organisms found along the coast of North
Carolina. Oysters are reef organisms which grow on their own
substrate with other oysters attaching to the substrate until a
reef or oyster bed is formed. The existence of oyster reefs and
their continued productivity is dependent primarily upon a free
exchange of water flowing at proper velocities.- Oysters, being•
17

sessile animals, depend on moving water to provide oxygen and
food as well as to carry away the waste products of their metabo-
lism. Ideal current conditions are a steady non -turbulent flow of
water over the bed which not only brings food and eliminates
waste but help to expand production by carrying oyster larvae to
other substrate in the estuary. Other critical environmental
factors are salinity, temperature, availability of food, and
water quality.
3.8 SALT MARSHES
Salt marshes may generally be characterized as flat beds of
salt -resistant vegetation alternately flooded and drained by salt
or brackish water with the frequency, duration and salinity of
these flood waters determining the plant species and characteris-
tics of the marsh. North Carolin's salt marshes are usually
divided into those that are flooded regularly and irregularly.
Most of the marshes in Onslow and Pender County are of the regu-
larly flooded variety and are dominated by Spartina
alterniflora(salt marsh cordgrass) near the water, and Spartina
patens(salt meadow hay), Distichlis spicata(spike.- grass), and
Juncus roemerianus(black needlerush) toward higher land.
The variety of life is relatively low compared to other
ecosystems because the marsh environment is difficult to adapt to
and live in;. and, in general, it is thought that fewer species
inhabit the irregularly flooded marsh than inhabit the regularly
flooded. However, despite this relatively low level of
productivity and diversity the marsh serves as one of the most
In

important components of the coastal ecosystem since it. provides
habitat and nursery areas for many commercially important,species.
3.9 PROCESSES/VALUES AND DEVELOPMENT EFFECTS
The preceding sections summarize the most important
components of the barrier island ecosystem and their natural
processes which represent significant values. However, there are
other values --such as esthetic and recreational --which are
equally important. These values and the ways they could be
altered are outlined in the following paragraphs.
One of the most important values represented in the dune •and
berm are those of storm protection. This function is made
possible by- the, fact that the dunes and berms act as sand
reservoirs and during periods of high storm activity help to
dissipate wave energy and replenish eroded areas. Two _natural
processes are critical to maintaining the integrity of this
system. The first is maintaining the stability of the dune
system and its protective vegetation. The second is allowing the
exchange of sand between the berm and beach and the offshore bars
to occurr without.interference with natural sediment budgets.
Of even greater importance, from the general public's view,
are the recreational and esthetic values of the dunes and
beaches. The importance of these values will be obvious to any
potential purchaser of beach property who observes the relation-
ship between property values and proximity to the ocean.
19

POTENTIAL DEVELOPMENT EFFECTS The most direct effect on the
dune system will result from actual removal or destruction during
construction. However, equally damaging effects may result from
uncontrolled pedestrian or vehicular traffic which destroys the
protective vegetation and root systems of the stabilizing
vegetation. The net result of this type of traffic can be to
create breaches in the dune line which eventually widen creating
potentially dangerous areas in the event of storms or even of
exceptionally high tides. Portions .of public roads have been
destroyed in some beach communities from this effect. Both the
dune and berm system can be threatened through the installation
of erosion control devices such as sea walls, jetties and groins.
All of these can act to alter sand budgets and effectively
increase erosion damage to other adjoining areas of the beach.
From the general public's view, that is non -property owners,
the major value of the dunes and beach system is recreational and
esthetic. The extent to which these values are protected are a
direct function of the degree to which both physical and visual
access can be maintained. Not only can development physically
deny the public's use of the beach area but the right to see the,
beach can be severely restricted by structures of inappropriate
scale and height.
INLETS
The inherent value of inlets is their function of providing
a point of exchange between the estuarine system and the ocean.
Inlets thus not only provide fresh salt water to the system but
20

allow flushing of waste. Inlets are also the conduit for the
vast number of commercially important species which spend a part
of their life cycle in the mid -salinity system. From a
recreational standpoint. inlets are one of the most productive
areas for sport fishing and also serve as the point of ingress
and egress for pleasure boating.In storm periods inlets function
more as "outlets" for abnormally high storm waters. The esthetic
value of inlets results from the fact that they offer a vantage
point to see both ocean and marsh. However, these processes
would most likely not be significantly affected by most forms of
development,including condominium. -It would be more accurate to
say that condominium development would be affected by the inlets
process of migration. Depending on the direction of the
migration developments within the path of the historical range of
the inlets movement will most likely be severely damaged, if not
destroyed. This potential hazard is significantly increased
during times of severe storms as inlets perform their function as
"outlets" for storm water.
POTENTIAL DEVELOPMENT EFFECTS The effect of development
near inlets is in many ways similar to development near the dune
and berm system, although there is less likihood that the
positive natural values would be altered. Recreational and
esthetic values could be lost by denial of visual or physical
access but as long as the inlet remained opened it would continue
to perform its natural functions. The most important value that
would be lost by development within the inlet zone of migration
would be in essence a "negative" value --that is the value
realized by avoiding hazardous building areas.
21

MARITIME FORESTS
The primary value of the maritime forest is its function in
stabilizing a geologically unstable system. Direct benefits
include 1) protection of loose sandy soils from wind erosion, 2)
accumulation and storage of freswater, 3) mineral ion filtration,
and 4) production of soil by trapping blowing sand and deposition
of humus. The esthetic qualities of the maritime forest can be
considered of direct economic importance since it not only enhan-
ces the beach experience for tourists but can significantly
increase property value if it is preserved during construction.
POTENTIAL DEVELOPMENT EFFECTS Because of the fragile nature
of 'the maritime forest and the length of time required for its
development human distrubance is likely to be cumulative and
largely irreversible. Excessive human demands on the freshwater
lens could result in lowering the freshwater table, and clearing
of the forest interferes with its basic functions of nitrogen -
fixation, water retention and soil stabilization. Removal can
destabilize relict dunes with subsequent damage to human struc-
tures from shifting sand dunes. Any removal or destruction will
of course eliminate habitat of many animal species. An important
but not fully explored factor, is the degree to which water can
be pumped from forested dunes before they lose their vegetative
cover and stability. If the stabilizing vegetative cover is lost
through fire, salt damage or land -forming operations during deve-
lopment the deforested relict dunes may become active again and
migrate over the the remaining forest.
22

OYSTER REEFS
The greatest value of oyster reefs is their direct economic
value to the oyster harvesting industry. Retail sales to the
general public by oyster fisherman provide many with their sole
source of income. Indirect economic benefits are realized in
other areas also. Oyster shell is collected and crushed and sold
to the State as road bed material and has also been sold to
chicken feed producers as an ingredient. Revenues are also
realized through shucking houses, boat sales and equipment, gaso-
line, harvesting equipment, and transportation of oyster harvests
throughout the state.
POTENTIAL DEVELOPMENT EFFECTS Although the gravest threat to
oyster reefs is from overfishing, the most serious threat from
condominium development will be from pollution of the water
habitat. As applied to oysters, there are three types of pollu-
tion affecting reefs --domestic sewage, pesticides and trade
wastes. The latter two will most likely have as their source some
inland point or originate from overland run-off. It is the
category of domestic sewage which poses the greatest threat. The
discharge of untreated domestic waste has a threefold effect upon
oyster reefs. It covers the bottom with sludge that smothers the
oyster bed, affects normal funtions by decreasing the amounty of
oxygen in the water and greatly increases the water's bacterial
and viral content. In common with other water -filtering mollusks,
oysters retain and accumulate these bacteria and viruses. This
type of contaminantion eliminates the grounds as a_ commercial
23

fishery because it creates a health hazard to humans using oys-
ters as a food source, although the growth and development of the
oysters themselves may not be materially affected.
MID -SALINITY SYSTEM
Commercial fisheries in North Carolina are ultimately
totally dependent on the welfare of the mid -salinity estuarine.
system. Of the 10 leading species in the commercial catch in
1980, all but one were estuarine -dependent species having a total
value of almost 26 million dollars, which does not include the
catch of sport fishermen and commerical species caught by private
individuals who do not report their catch. Secondary benefits
are revenues derived from operation and maintenance of equipment
necessary for sport fisheries, marinas, boatyards and other
repair and supply facilities and processing operations. There is
considerable reliance by motel and restaurant operators on off-
season � months in which fishermen provide addition income.
Recreational and esthetic values in the mid -salinity system stem
from its use for swimming, water-skiing, sailing and these
activities also generate additional income for coastal restaurant
and motel owners.
POTENTIAL DEVELOPMENT EFFECTS Obviously the major effect on
the mid -salinity system which has the potential to impair its
recreational and economic value is pollution. Potential pollution
sources. fall into two categories --point source and non -point
source.. Through strict enforcement of water quality standards,
the State of�North Carolina, through the Division of Environmen-
24

tal Management and the Division of Health Services, have exer-
-cised. considerable. control over point -source discharges.
However, at present little or no effective control exists over
non -point discharges which originate primarily from two sources
overland flow from the mainland and flow from impermeable sur-
faces which may exist on the barrier island. It is the latter
source that is the most concern in determining the effects of
condominium development since the greater potential densities.
using condominium development could increase impermeable surfaces
to the point where storm water runoff could pollute surrounding
shellfishing waters.
SALT MARSHES
Salt marshes have little value if considered only under the
definition of direct economic benefit. It does have direct
benefit since it is important habitat for commercially important
species such as muskrat,otter, mink and oyster. However, it is
the indirect benefits of the marsh that provide significant value
to man. The marsh serves as a nursery ground for commercially
valuable species such as shrimp, mullet, menhaden and striped
bass. The productivity of the mid -salinity system is supported
by detritus and nutrients that are exported from the salt marsh
and thus is a vital link in the estuarine food chain which in
turn supports the vast number of commercially important species
that spend part of their life cycle in the system. Because of the
efficient nutrient recycling that occurs in the marsh, it is
believed to act in a manner similar to a tertiary sewage treat-
ment plant and the effects of sewage disposal are therefore
25

moderated. Marshes also act as sediment traps by slowing the
water flowing over them and causing particulate matter to drop
out of the water column. The uplands of the marsh also provide
protection from flood damage and erosion. Salt marsh peats are
not easily eroded by wave action and are believed to be capable
of absorbing large amounts of water. Because the marsh forms a
barrier between the estuary and the uplands, wave energies .are
first spent on them rather than on the upper land areas.. Some-
times overlooked, because of the great ecological importance,of
the marsh, is its esthetic and recreational value. The marsh
provides excellent views and opportunities for birdwatching. A
final value is that is provides a sense of open space in some
communities where development has reached higher levels.
POTENTIAL DEVELOPMENT EFFECTS The primary means by which
the values of the marsh can be impaired are by man-made changes
in water level or drainage patterns. Such destruction occurs
because vegetation and the integrity of the functions of the
system are largely controlled by the position of the water level
relative to the marsh surface.- Filling or bulkheading_a marsh
changes it to an upland area and the vital exchanges with the
estuary are cut and the marsh can no longer serve as a habitat,
nursery area or buffering zone. This type of alteration can
destroy marsh vegetation thus eliminating an important source of
nutrients and detritus for the esturary which can in turn lead to
decreased estuarine production. A similar effect occurs when
spoil is deposited on the marsh. Dredging to create marine or
navigational routes is also destructive and deepening marsh
26

creeks may increase erosion as well as the sediment load of the
creeks. Spoil deposition along stream banks stops water flow
from the marsh surface to the creek and the elimination of water
exchange encourages mosquito production and cuts off part of the,
marsh from interaction with the creek and ultimately the estuary.
As with other components of the barrier island ecosystem
recreational and esthetic values may be impaired by structures of
such a size and scale that physical and visual access are lost.
3.10 SUMMARY OF POTENTIAL DEVELOPMENT EFFECTS
DIRECT VERSUS INDIRECT One method used to classify
development impacts is direct and indirect. Direct effects are
those that result in the immediate destruction of a components
values, such as destruction of maritime forest, filling of a
marsh, or leveling of a dune system. Indirect effects may -,be
just as damaging or more so but generally occur after the direct
impact and usually affect other components of the barrier island
system. Examples of indirect effects are alteration of sand
budgets because of construction of seawalls or jetties, loss in
productivity of the mid -salinity system because of destruction of
marsh or pollution from non -point sources, or erosion or
pollution caused by storm water runoff from increased impermeable
surfaces. While this classification system may be useful for
purposes of explanation an even more important method of
classifying development impacts is by the degree of regulation.
REGULATED VERSUS UNREGULATED One of the main purposes of
this report has been to determine in what ways development of
condominiums differs from conventional single-family homes, or
27

more specifically what are positive or negative impacts
specifically associated with of condominium development, and then
to recommend guidelines to encourage or discourage these effects.
It should be obvious from the preceding section that many of the
potential effects of condominium development are exactly the same
as those that would occur if a development were single-family
detached, or for that matter some form of commercial development.
Since condominium development, at least at its present rate, is a
relatively new phenomenon on the Carolina coast most of the
previous environmental regulations were designed to protect
barrier island ecosystem components from single-family
developments. While most of these regulations are sufficient to
protect these components from the direct effects of condominium
development they are not sufficient to protect against all of the
indirect(or secondary) effects._ If local governments are to
adequately address the effects of condominium development the
unregulated adverse effects must be identified for development of
policies for control and guidance.
Through the imposition of both State and Federal
environmental laws most of the previously discussed barrier
island components are subject to strict development standards.
Barrier islands are thus effectively enclosed in a protective
"envelope" which covers regulation of land use and pollution of
surrounding estuarine water. Any condominium or single-family
detached form of development will have -to comply with these
regulations all of which are intended to maintain the integrity
of the ecosystem component and its significant values.Thus
M

working together these regulations are intended to maintain the
entire barrier island ecosystem in a more stable condition. It is
not the purpose of or within the scope of this report to comment
on or attempt to evaluate the effectiveness of these regulations.
For the purposes of this report they are assumed to be
effectively designed and administered. The most important
question is thus what are the component values that are not
protected and should therefore be addressed by the local units of
government through local land use policies.

4.0 SUMMARY OF CONCLUSIONS, POLICIES AND RECOMMENDATIONS
CONCLUSIONS
There are several conclusions.to this report but one of the
most significant is that at least part.of the. "problem" asso-
ciated with condominium development stems, from a lack of under-
standing about the nature and form. of this type of ownership. It
should be helpful to review the history of condominium develop-
ment and some of the definitions of the term condominium.
In spite of the long tradition of condominium.and townhouse
development beginning in the early 1800's on Boston's Beacon
Hill, this form of real estate ownership has continually suffered
an image problem in the United States. This image problem seems
to have been.created for several reasons. First, it always
involves multi -unit structures which are not only different from
the conventional single-family detached home, but are generally
associated with rental units. Persons who rent, either through
choice or because of financial necessity, are often unfairly, and
snobbishly, considered to be inferior neighbors.
The second reason is that the condominium form of ownership
has often been used to sell units in multi -family structures
which, because of the cost savings in construction, were built to
maximum densities and heights. A large part of this problem has
resulted from antiquated zoning ordinances which include multi-
family ownership in the same density and height classes as multi-
family rental housing.
A final reason is that this form of construction and owner-
30

ship has frequentlty been used in resort areas, not only becasue
of lower cost and higher profit possibilities for developers,
but because of the attraction•to second -home buyers and retirees
afforded by low maintenance costs and conveniences provided by
community associations. In order to maximize profits and take
full advantage of the cyclical nature of the resort home market,
many. of these developments gave little consideration to site
planning, natural features or exterior appearances. Condominium
developments thus came to be associated with poorly planned and
executed development. Often this conclusion was reinforced by
dissatisfied unit owners whose community associations were poorly
designed and incapable of managing the common areas and amenities
included in their purchase price.
Two points should be kept.in mind in forming policies for
condominium developments. First, A condominium is simply a form
of ownership of real property under the.laws of the State of
North Carolina. As such, it confers on the owner not only all
the rights and responsibilities of any other property owner, but
in most cases imposes additional financial and legal responsibi-
lities through community associations.
Second, the construction of units for sale under the North
Carolina Unit Ownership Act as condominiums will always involve
at least two, and in most cases considerably more, units in one
structure. This obvious fact is most often selected as the
severest criticism of condominiums, since by sharing common walls
and eliminating individual yard spaces, greater densities are
possible than would be for most detached single-family residences
on the same land area. Where communities have not taken steps to
31

insure reasonable height limitations and growth policies consis-
tent with available services and facilities, developers have
sought to maximize their .return by constructing as many units as
possible on the available land area. This situation has been the
major reason for the perception by many that condominium develop-
ments are one or all of the following: too tall, unattractive,
poorly planned, a threat to the natural environment, a safety
hazard, or a burden on local government budgets. Indeed, one or
all of these probably occurred in many areas of the country where
local officials were slow to anticipate the rise. in property
values and construction costs that make condominium development
an attractive alternative.to detached single-family units. As a
result, the general public places the responsibility for all land
use change squarely on local officials.
This conclusion ignores some important forces which local
officials may have been slow to recognize (at least slower than
most developers), but over which they had little control. First,
the State of North Carolina has provided easy access in the form
of high level bridges and causeways to areas which were previous-
ly relatively inaccessible (the NC 210 bridge to West Onslow
Beach). The federal government then underwrites any losses due
to poorly located or constructed buildings through Federal Flood
insurance. Finally, both federal and state governments subsidize
construction of water and sewer facilities(e.g. Wrightsville and
Carolina Beach). With access, water and sewer facilities, and
most risk of loss eliminated, 'developers moved to quickly begin
meeting the huge excess demand by retirees and investors residing
32

in the northeastern markets of the United States.
The condominium form of development provides an efficient
and profitable vehicle for construction and marketing and has
quickly come to be the most visible man-made land form on the
coast. Many local citizens, fearing that previously unspoiled
areas and lifestyles would be lost began to identify local offi-
cials as the sole culprits and demand accountability and change.
Thus began some of the most heated zoning hearings ever heard on
the coast.
The following conclusions form the basis for the- policies
and recommendations of this report.
1) A condominium is a form of ownership of real property
which carries with it the same obligations and responsibilities
as ownership of other real property.
2) Ownership of a condominium also carries with it
responsibilities in addition to that imposed on most conventional
single-family owners, because of the community association.
3) These two unique characteristics of condominium develo-
pments --required community associations and attached multi -unit
buildings --offer local governments a form of development that can
maximize open space, protect sensitive natural areas and minimize
service cost.
4) The combination of market forces and facilities and
subsidies from the state and federal governments will result in
increasing pressure for additional development on Topsail Island
and, because of construction and marketing efficiencies, develop-
ments will continue to be primarily condominiums.
33

5) Many of the environmental effects of condominium develop-
ment are the same as those that would occur in single-family
detached housing. These effects are controlled by state and
federal regulations, primarily under the Coastal Area Management
Act and the NC Division of Environmental Management's water
quality laws, which provide an "envelope" of environmental
protection around barrier islands. Control over these direct
effects of development provide effective protection of most of
the islands critial ecosystem components.
6) It is primarily secondary, or indirect effects, of
condominium development that are different from the effects of
development associated with single-family detached construction.
These effects are destruction of maritime forest, loss of visual
or physical access, pollution of ground or estuarine waters from
stormwater runoff, and impairment of esthetic values.
7) The most practical and equitable method of mitigating
these effects is through local policies and guidelines adopted by
the local government as a part of its Coastal Area Management Act
Land Use Plan and implemented through local land use regulations.
POLICIES
1) GENERAL ENVIRONMENTAL In recognition of the great values-
economic,recreational and esthetic -represented in the components
of the barrier island ecosystem to all citizens it shall be the
policy of the County--
34

To protect the island's natural systems, including all Areas
of Environmental Concern, the public's rights of physical and
visual access to.these systems, to maintain and preserve the
maritime forests, to protect the estuarine waters from sources of
pollution not regulated under state or federal laws; and to
encourage development and design that is esthetically compatible
with the scale and visual appeal of the barrier island landforms
and environment.
2)- PREDOMINANT LAND USE To maintain Topsail Island as a
predominantly single-family residential community with supporting
commercial and instututional uses appropriate for supporting both
permanent residents and visitors. The term single-family is
interpreted to include both detached housing units on individual
lots, and attached units.in one or more structures (condominiums
and townhouses)
3) ZONING It is recognized that while single-family units
constructed for sale under the North Carolina Unit Ownership Act
may differ in construction and method of legal creation, owner-
ship of such units confers on the owners the same rights and
responsibilities as owners of single-family detached units.
In accord with the above policy, and in recognition of the
fact that the nature of construction and legal creation and
operation of condominiums offers local governments an opportunity
to minimize the environmental and fiscal impacts of residential
development, the following policies are adopted:
Land use policies, including zoning ordinances, subdi-
vision regulations and land use plans, should not discriminate,
downzone, or assign to inferior building locations areas for
condominium developments because of the method of ownership.
Because of the potential for creative site planning
which can preserve natural systems, protect maritime forest and
other significant vegetation, preserve and establish existing and
new open space, protect esthetic values and physical and visual
access, and minimize service and facility costs to local govern-
ment, the condominium form of development should be permitted at
higher densities than single family detached developments where
these potential positive effects can be achieved through better
planning and design.
4) MITIGATION OF CONDOMINIUM IMPACTS It is also recognized
that there are specific effects of condominium development that
are different from single family development and that these
effects can have a significant and detrimental impact on the
surrounding Areas of Environmental Concern and on other recrea-
tional and esthetic values which are of great economic importance
35

to the County and the State.. Accordingly the following policies
are adopted to 'provide guidance to local officials in determining
methods of implementation and to State agencies, -.when, reviewing
CAMA permits:
MARITIME FOREST It is. the policy of the local
government to insure the maintenance of the existing
maritime forest by allowing only that development that will cause
the least.possible destruction of forest cover or disruption of
the ecological and esthetic values represented in the forest..
POLLUTION FROM STORMWATER RUNOFF Because of the
potential of pollution of groundwater or estuarine water
resources from excessive stormwater runoff that may result from
the increases in impermeable surfaces resulting from condominium
developments, it is the policy of the local government to insure
that condominimum developments are designed to. minimize this
potential effect and any impact it might have on ground or
surrounding surface waters.
ACCESS Access to public trust areas and other
components of the barrier island ecosystem includes both physical
and visual access. It is therefore the policy of the local
government to insure that this access is provided at inlets and
along both ocean and estuarine shorelines. Physical access
should be provided at the same standards set out in the local
governments beach access plan. Visual access should not be
interpreted too mean the right to an unobstructed view of all
portions of the island from any point but rather that the design.
and location of structures should not impair the considerable
esthetic, and thus economic, value of the barrier island
ecosystem components but should preserve to the greatest extent
possible the public's rights to visual access without infringing
on the reasonable use of an owner's property.
ESTHETICS It has long been accepted that policies
controlling esthetics are subjective matters, and that regula-
tions based soley on these considerations are undesirable. How-
ever, there is a clear distinction between requiring esthetic
consistency between man-made structures and requiring esthetic
consistency between man-made structures and environmental fea-
tures. It should be without question that the beauty and esthe-
tic appeal of the components of the coastal ecosystem are of
major economic importance to local governments and the State, and
that the health and welfare of local governments and visitors
will 'be enhanced by preserving these esthetic qualities to the
greatest possible extent. Accordingly, the following policies
are adopted as guides in determining the esthetic compatibility
of proposed developments:
the scale of a structure should not dominate its surrounding
natural landforms but should seek to be consistent with
their height and mass
the location and orientation of structures should promote
the maximum of visual.access and sense of open space
36

the shape, texture and color of structures should _be
consistent with the surrounding natural landforms and should
as nearly as possible minimize contrast with these landforms
1) The governing body of the local government should call
for a public hearing for amendment of the local Coastal Area
Management Act Land Use Plan to include all of the preceding
policies.
2) The zoning ordinance should be amended to establish a
coastal overlay zone which should include all area east of the
Intracoastal Waterway. The purpose of establishing this zone is
to recognize the unique processes and features of the barrier
island ecosystem which have intrinsic values, and which should be
preserved to the maximum extent possible in the interest of the
public health, safety and welfare. Within this zone, policies
and regulations different than those throughout the rest of the
local government's jurisdiction may be required to preserve these
values.
3) In order to encourage a scale of development appropriate
for a barrier island, protect public rights of visual access and
esthetic values, and to prevent unnecessary service and facility
costs, as well as danger to life and property, a maximum height.
limitation of 50 feet for all structures measured from the base
flood elevation to the highest point of a structure should be
established in the coastal overlay zone.
37

.4) In order to eliminate possible pollution from septic
tanks installed in single-family developments, to maximize open
space and visual access, the R-8 and R-5 zones within the coastal
overlay zone should be eliminated for all unplatted property and
rezoned to R-10.
5) In order to implement policies 2 and 3 for predominant
land use and zoning, condominium development should be permitted
in all residential zones at a maximum density of 4 units per
acne. Additional units may be allowed in the areas. previously
zoned R-5 and R-8 up to a maximum of 15 units after review under
the assessment methodology for granting density bonuses.
6) Adopt the Housing Development Ordinance(see Appendix) or
similar ordinance requiring review of all condominium
developments.
7) Adopt assessment methodology (Appendix) for granting
additional condominium units under the Housing Development
Ordinance.
M

5.0 DEFINITIONS AND DISTINCTIONS
The term condominium development is now used loosely to
refer to any structure or attached structures which provide
individual ownership of multiple dwelling units. This term is
also extended to townhouse developments which may or- may not
differ in design and ownership characteristics. Condominium
projects have often been referred to as vertical subdivisions
since they are most ofter associated with high-rise developments;
however, condominium projects may also be "horizontal's
subdivisions, since condominium ownership in North Carolina may
be created in a building.of any number of stories by a declara-
tion of intent under the North Carolina Unit Ownership Act, N.C.
General Statutes, Chapter 47A.
5.1 THE NORTH CAROLINA UNIT OWNERSHIP ACT
This act has several key provisions for developers, owners
and local governments. Section 47A-2 permits owners or co -owners
of a building to create unit ownership by an express declaration
of intent to submit the property to the provisions of the Unit
Ownership Act. The declaration must then be recorded at the
office of the register of deeds. The declaration is a detailed
document and Section 47-13 states that it shall contain the
following:
DECLARATION REQUIREMENTS
1) A description of the land, building and improvements;
2) A building description including the number of stories and
units and construction materials;
3) A descriprtion of the individual units including location,
number of rooms, and accessible common areas;
39

4) A description of the general and limited common areas, and
proportional interest of each unit;
5) A statement of the intended purpose and use of the building
and each unit'and any restrictions on use.
In addition to the above, two other important documents must
be attached to the declaration --the building plans and a.copy of
the bylaws. Under Section 47A-15, there must be attached to the
declaration an exact copy of the building plans, including
layout, location, ceiling and floor elevations, unit numbers and
dimensions, and location and accessibility of common areas.
Section 47A-18 requires that a copy of the bylaws be attached not
only to the declaration but to the first deed of each unit. The
bylaws provide the minimum requirements for administration of the
form and method of administration of the property.
Section 47A-18 generally requires the following:
CONTENTS OF BYLAWS
1) form of administration
2) method of summoning owners, definition of quorum
3) method of maintaining common areas
4) collection methods
5) method of adopting and administering administrative rules
6) restrictions on use and maintenance of units and common area
not set forth in declaration
7) percentage of votes required to amend bylaws
8) a provision requiring owners to be bound by any amendments
9) personnel policies
Finally, Section 47A-10 requires the unit owners to strictly
comply with the bylaws and with any administrative rules and
regulations adopted pursuant thereto. Failure to so comply is
made actionable by the manager or board of directors on behalf of
the unit owners. These sections considered together, establish
the method and responsibilities of owners and developers in
creating, operating and enforcing unit ownership.
40

According to Section 47A-5, unit ownership vests in the
holder exclusive ownership and possession, with all incidents of
real. property. A. condominium unit may be leased, conveyed,
encumbered, inherited, devised, or held by one or more persons in
any manner recognized under North Carolina Law. A condominium
unit is defined as ownership of a single unit in a multi -unit
structure with common areas and facilities; and further, that it
consists of one or more rooms occupying all or part of a floor in
a building of one or more floors or stories, regardless of whet-
her it is designed for residential, office, business, industrial,
or any other independent use, and shall include accessory spaces
specified in the declaration. Section 47A-1 establishes that
each condominium unit and its proportion of common area facili-
ties will be taxed separately, including advalorem taxes and any
special district taxes.
The remainder of the act contains provisions fixing the
rights and responsibilities of owners and the association.
Perhaps the most important section from the stand point of local
governments is Section 47A-27. This section states that a
planning and zoning commission, whenever it deems proper, may
adopt supplemental rules and regulations governing a condominium
project. All of these provisions, when read together, seem to
clearly indicate several conclusions with regard to condominium
development:
1) The term condominium refers to a form of ownership of defined
space, and this ownership carries with it the same rights and
responsibilities as other real property.
2) Owners of condominium units are under an express obligation to
provide for a form of administration and maintenance of their
development.'
41

3) Owners of condominium units, in addition to whatever
charges they levy on themselves for project facilities and
services, are still liable for general advalorem or other
special taxes on their individual units and proportionate
share of common areas.
4) In addition to the responsibilities of self -governance and
maintenance imposed on condominium owners under the Unit
Ownership Act, local governments may impose additional
regulations through their planning and zoning powers.
5) Ownership of a condominium unit does not restrict its use to
residential purposes but may include commercial, industrial or
any other independent use.
6) condominium unit structures are multi -unit structures but may
or may not be more than one story.
The significant general conclusion is that condominium
developments' not only have a responsibility for their own
maintenance and control, but must also pay property taxes. And
even more significant, local governments may limit or expand
their degree of responsibility, as well as their design and
location, through local planning and zoning laws.
5.2 THE COMMUNITY ASSOCIATION.
Since the "association movement" began in the 19601s, the
community association has more and.more come to resemble a new
local form of government. The basic premise upon which the
modern day community association (CA) is fashioned is that
through a formal compact, diverse owners of property within a
defined area assure protection of each other's interests by
reciprocal obligation imposed upon and subscribed to by all
owners. In the U.S., the first association appears to have been
established in 1844 at Louisburg Square in Boston, and this
association still continues to function today.
42

If, then, people come together voluntarily and relinquish
certain freedoms to set up a formal scheme of self -management, as
in the typical CA, what results should be a form of local
goverment. The typical CA has powers of assessment, levy and
collection (taxation), common area or common elements, rules and
regulations (legislation), and architectural and restrictive
covenants. (police power) and, in the context of the declaration
,and associated documents which establish and guarantee basic
rights and obligations --a constitution.
There seems little doubt, therefore, that a modern CA is a
form of local government, however limited in scope, and may even
be a modern tribal council with legal accouterments. But clearly
it,is a representative democracy entered into voluntarily through
real estate ownership by its constituents who look to it to
protect, maintain, enhance and ensure the safety, health and
welfare of the members. It is this characteristic of a local
government that offers some of the greatest opportunities for
condominium development --for owners, developers and municipali-
ties. The basic definition of equity protection has been expand-
ed to include many new purposes besides mere protection of struc-
tures and common areas, until the range of services may exceed
those of some local governments. In addition to the obvious
advantages to local governments of providing the opportunity to
delegate some responsibilities,. the CA has two distinct advan-
tages to its.members. First, it is more appropriate in size than
larger public agencies in providing certain basic services, __such
as recreation and care of common use areas. Second, there are
considerable psychological and social benefits to be realized as
43

members come to know each other on a face-to-face_ basis, thus
providing a sense of community identity.
TYPES OF COMMUNITY ASSOCIATIONS
In dealing with development types that may require a
community association, several are most likely to occur --
homeowners' association, generally associated with a Planned Unit
Development with single-family detached homes, and a condominium
association for a development which falls within the scope of a
state's condominium laws. These two associations are virtually
identical with one exception --the unit boundary description in
the condominium declaration. This description has special
importance in the condominium CA, since it is intimately tied to
the allocation of association expenses. Another basic difference
is that the homeowners association owns the common property,
while the condominium association simply administers the common
property and services.
DESIGN& START-UP} TRANSITION, GOVERNANCE
design It is critical that the CA be drafted simultaneously
with the physical planning of the project. If considered
together, the CA.will more realistically reflect the.future needs
and responsibilities of the developer, and owners. Important
questions that should be considered by both are:
1) Should the recreational package be part of the project to be
maintained by the CA, or should it be placed in a voluntary
club? Will such a voluntary club have financial strength to
maintain the facilities?
44

2) Will the open space and natural amenities have a significant
impact on the budget? Will they need and be accessible to main-
tenance?. How much will it cost to retain their value? What is
the potential for erosion or destruction? Are they important
enough to justify their operation costs over the long run?
3) Are all the elements of the recreational package basic to the
success of the project?
4) Have the long-term preservation, maintenance, replacement and
improvement costs of structures been taken into consideration at
the design stage?
The savings achieved in construction costs may doom the
association to unmanageable operation and maintenance costs. A,
financial program should be set up to reserve funds for repair
and replacement, and a monthly or quarterly predetermined amount
earmarked for these future.expenses based on- the quality of
construction and design life of the facilities. Included should
be roads, underground utility services, parking areas, roofs,
recreational facilities and open space.
start uR. Association start-up begins with the legal
establishment of the association, before unit sales begin.
During this period, prior design decisions .and association
operations will begin to be implemented, and, as sales are made
and the owners begin to operate their units, the developer moves
toward completion.of the project and the association is brought
to life. Three stages are involved with the start-up phase:
initiation of the financial and administrative management of the
CA, actual sales of the units, and performance of association
services during the final phase of _construction and early resident occup
The developer and his representative on the CA board must
make a number of decisions during initiation:
fund the association as planned in the design phase and inac-
cordance with the prescribed lending requirements 'of the
mortgagee;
45

acquire insurance for the common elements of the project;
arrange for the maintenance of the common areas and
facilities
set management policies for the collection of asses-
sments, bookeeping, maintenance and repair;,
refine association operating management budgets;
maintain appropriate records and minutes of association
related decisions made by the board of directors
The association's operational responsibilities and financial
process begin as facilities are constructed and used by
residents, the common areas begin to need maintenance and care,
and the residents accupy their units and begin to pay assessments
to the association.
transition During the transition phase, the owners are
contributing assessments to the association and using facilities
on a regular and consistent basis, and there are now enough
people to support participation in some association activities.
During this period the developer and owners will review such key
documents as budgets, service contracts, and insurance policies.
When sales are 50 to 80 percent complete the developer shifts
control to the homeowners by assuming a minority position on the
board.
governance The association reaches maturity with the
election of an owner majority to the board. The entire operation
of the association will be controlled by the owner -elected board;
board members will set policies, let contracts, implement or
change controls --in general, decide and shape the course of the
association and the community. How well these elected
representatives function on behalf of the association will in
46

J
47

6.0.DEMONSTRATION VALUE FOR OTHER COASTAL COMMUNITIES
One. purpose of this report was to provide material that
would be of use to other coastal North.Carolina governments in
addressing the issues associated with condominium development. To
accomplish this objective this report has repeated several
premises throughout that subsequent users should bear in mind.
The first is that condominiums are forms of ownership and
because of their method of construction and operation can offer
local governments an opportunity to increase their tax base more
than would be realized under single-family detached development
while still maintaining the important economic and esthetic
values of the barrier island.
The second is that through a combination of state and
federal environmental regulations most of the significant
ecological components of the barrier island ecosystem are
protected and that an attempt to restrict future condominium
development on the basis of protection of these already protected
components will most likely fail.
The third is.that it must be accepted by local governments
that the esthetic values represented in the barrier island
environment has great economic value to the local governement and
that if these values are not maintained the health and welfare of
the loca, as well as the non -local, population will suffer.
The conclusion is that the major unregulated effects of
condominium development on the barrier island ecosystem will have
less to do with impairment of the physical components of the
48

ecoystem (assuming adequate enforcement of environmental
regulations), but may greatly affect the values represented in
esthetic appeal,. visual access and open space. There is -a
reluctance among local officials to regulate actions which may
affect these values since they are relatively subjective in
nature. Actions which directly affect biological -or physical
systems can supposedly be measured scientifically, and a. more
direct cause/effect relationship established to demonstrate
deterioration of the natural resource. However, the Coastal Area
Management.Act specifically states that two of its goals are to:
provide a management system capable of preserving and
managing the natural ecological conditions of the
estuarine system, the barrier dune system, and the
beaches, so as to safeguard and perpetuate their natural
productivity and their biological, economic and esthetic
values
establish policies, guidelines and standards for:
i) protection, preservation, and conservation of
natural resources including but not limited to water
use, scenic vistas...
Thus there is adequate mandate for local official as well as
state agencies to begin to recoginize and protect these values.
There is a clear distinction between regulation of design to con-
form to other manmade structures (although this may be warranted
in some areas,e.g. historic districts) and requiring that struc-
tures imposed in the barrier island environment not destroy or
reduce the considerable economic value that'is a direct result of
the island's natural beauty.
In using the parts. of this report local governments should
find use of the coastal.overlay zone concept useful in drafting
49

regulations that apply only to condominium construction on
barrier islands. The assessment methodology and bonus density
system, in combination with the condominium development
ordinance, should' provide .a starting point to guide development
into areas and to design at a scale that will not impair
important barrier island values. These documents, in conjunction
with the zoning changes proposed for Onslow County, suggest a
policy whereby condominium developments, if adequatedly.designed,
should be allowed in the same zones with singles family detached
housing but at no greated densities. And that certain areas will
be reserved for higher densities if the development is planned so
as to minimize its effect on important barrier island values.
50

COWINILM REVIB-1 ORDINANCE
COND IINIUM ASSESSNEIVT NEW-DOLOGY
DESIGN GUIDELINES

CONDOMINIUM REVIEW ORDINANCE
Housinq development. A group of two or more dwelling .units on property
designed for occupancy .by separate families. Each dwelling structure shall
consist of at least two residential units. Examples would be: cluster -type
subdivisions; row houses;. apartment courts, and housing projects, a project
constructed for unit -ownership as permitted by the North Carolina
Unit -Ownership Act, when approved under the requirements for group housing
developments as set -forth in the subdivision regulations of the town. Zero=
setback single family housing may be allowed provided they come under the
conditional use standards and the setback at all other adjacent boundaries
shall be double that required for the zone.
Housing developments as defined above are permitted in all zoning districts
and at no greater densities than that permitted within the district for single
family housing.
Cluster housing may be allowed in all districts_ provided such a project shall
be subject to the conditions placed upon it by the review boards and that such
housing shall allow a density no greater than the density the existing zoning
would permit. This concept may allow a zero lot line setback on adjoining
sides. The opposite line setback shall be double that required for the zone
and all other setbacks shall be, at minimum, those required within the zone of
proposed construction.
(A) Standards for conditional use permits:
(1) Purpose: There are certain land uses which, because of their.
unique characteristics, cannot be. properly classified -in any
particular district, or districts, without consideration, in each
case of.the impact of those uses upon neighboring land uses and of
the public need for the particular use in the particular location.
The purpose of this section is to provide guidelines for the
issuance of Conditional Use Permits.

(2) Initiation of conditional use:. Any person with a real/legal fee
interest in, land within the zoning jurisdiction_ of
may file an application to use such
land for one or more of the conditional uses provided for in this
ordinance in the zoning district in which the land is located.
(3) Application for conditional use: An application for a conditional
use shall be filed with the Building Inpsector on —a form
prescribed by. the Building Inspector. The application shall be
accompanied by such plans and data prescribed by the Planning
Board. and shall include a statement in writing by the applicant
and adequate evidence that the proposed„ conditional, use will
conform to the standards set forth in subsection 61 hereinafter.
The application and supporting documents shall be forwarded by the
Building Inspector to the Planning Board for review. The Planning
Board, after its review of the application and supporting
documents, shall then send them with its written findings and
recommendations to the local governing body for action.
(4) Hearing on Application. Upon receipt in proper form of the
written recommendations referred to above, the local governing
body shall hold at least one public hearing on the proposed
conditional use. The public hearing shall consist of one notice
in a newspaper of general local circulation as follows:
Public Hearing
hereby gives notice that on the day of a
public hearing will be held to consider a conditional use
application. The applicant proposes a development at
consisting of
Persons_ desiring to comment on the proposed application may do so
at the public hearing or may submit written comments for
consideration at the public hearing.
Clerk
(Address)

Within 90 days of the public hearing the applicant shall be
notified in writing by certified mail to his last known address of
the Board's decision on the application.
In all cases approval will be contingent upon a majority of the
full local governing body voting in favor of the proposed
conditional use.
(5) Standards. No conditional use shall be recommended by the .
Planning Board unless such Board shall find:
a. That the. establishment, maintenance, or operation of the
conditional use will not be detrimental to or endanger the
public health, safety, or general welfare.
b. That the conditional use will not be injurious to the use
and enjoyment of other property in the immediate vicinity
for the purposes already permitted, nor diminish or impair
property values within the neighborhood.
C. That the establishment of the conditional use will not
impede the normal and orderly development and improvement of
the surrounding property for uses permitted in the district.
d. That the exterior architectural appeal and functional plan
of any proposed structure will not be so at variance with
either the exterior architectural appeal and functional plan
of the structures already constructed or in the course of
construction in the immediate neighborhood or the character
of the applicable district, as to cause a substantial
depreciation in the property values within the neighborhood.
e. That adequate utilities, access roads,drainage and/or
necessary facilities have been or are being provided.

f. That adequate measures have been or will be taken to provide
ingress and egress so designed as to minimize traffic
congestion in the public streets.
g. That the conditional use shall, in all other respects,
conform to all the applicable regulations of the district in
which it is located.
(6) Conditions and guarantees: Prior to the granting of any
conditional use, the Planning Board may recommend, and the local
governing body may require, such conditions and restrictions upon
the establishment, . location, construction,. maintenance, and
operation of the conditional use as is deemed necessary for the
protection of the public interest and to secure compliance with
the standards and requirements specified above. In all cases in
which conditional uses are granted, the local governing body shall
require such evidence and guarantees as it may deem necessary as
proof that the conditions required in connection therewith are
being and will be complied with.
(7) Effect of denial of a conditional use: No application for a
conditional use, which has been denied wholly or in part by the
local governing body, shall be resubmitted for a period of one
year from the date of denial except on the grounds of new evidence
or proof of change of conditions found to be valid by the Planning
Board or the local governing body.
(B) Site Plan Review Requirements:
(1) General Provisions.
a. Application of requirements: A site plan shall be required
for any construction or land development, in any instance
where a zoning variance or conditional use permit is
required, or when there is a change in the usage of a
non-residential structure.

b. Waiver of requirements: Site plan approval requirements may
not be waived by the Planning Board.
C. Legal Provisions:
1. Requirements for approval: The Planning Board shall
not approve a site plan indicating any condition or
improvement not specifically stated as being part of
that particular site plan. Approval of a site plan
shall not be granted for "future" conditions or
improvements.
The proposed structure, improvement, or condition
shall meet all requirements of all applicable codes,
ordinances, and specifications of the municipality,
county, state, or federal governments or other
agencies having proper jurisdiction.
2. Issuance of building permit or certificate of
occupancy: No building permit shall be issued until
the site plan has been approved by the Planning Board
and local governing body. .
In the event of a failure to comply with any condition
of site plan approval, the building inspector shall
revoke all permits or the certificate of occupancy.
(2) Procedure for approval.
a. Filing and referral.
1. An applicant desiring to obtain site plan approval
shall file with the Department of
fif-

en (15) copies of the site plan, together with a
completed application form and a required fee of
$25.00 ten (10) days prior to the regular Planning
Board meeting date. The Department of
shall then
transmit within three (3) days a copy of the site plan
to the following officials: all Planning Board
members and all appropriate department heads.
2. Those officials listed above shall submit their
recommendations and comments at least five (5) days
prior to the Planning Board meeting at which the site
plan is to be considered. Failure to submit a written
recommendation and comment shall be deemed as a
favorable review of the site plan by these agencies
and officials.
b. Planning Board Action:
1. The Planning Board shall consider the site plan
initially at the next regular meeting by placing it on
the agenda under requirements as set forth in Section
(2)a.1 and 2.
2. At the next regular meeting of the Planning Board
after the first consideration, or as soon thereafter
as practicable, the Planning Board shall approve or
disapprove the site plan.
3. If the Planning Board disapproves the site plan,
reasons for such decision shall be set forth in the
minutes of the Planning "Board and a copy forwarded to
the applicant and the Department of
4. If the Planning Board requires substantial changes in
the site plan, the applicant shall submit an amended

site plan which shall then follow the same procedures
as in the original filing.
(3) Improvements.
The Planning Board may recommend improvements as set forth in the
subdivision regulations. Prior to the issuance of a building
permit, the Planning Board may recommend that the local governing
body require the installation or construction of said improvements
or the posting -of a performance guarantee, as set forth in the
subdivision regulations, adequate to cover the cost of all such
improvements.
(4) Site Plan Requirements.
a. Information to be shown on site plan. The site plan shall
be prepared by a professional engineer, registered land
surveyor, or architect and shall be drawn to a scale of not
less than one (1) inch equals thirty (30) feet. The site
plan shall be basd on the latest tax map information and
shall be of a size as required by each individual site plan.
The site plan shall contain the following information:
1. A key map of the site with reference to surrounding
areas and existing street locations.
2. The name and address of the owner and site plan
applicant, together with the names of the owners of
all contiguous land and of property directly across
the street as shown by the most recent tax records..
3. Lot line dimensions.
4. Location of all structures, streets, entrances and
exits on the site and on contiguous property directly
across the street.

5. Location of all existing and proposed structures,
including their outside dimensions and elevations..
6. Building setback, side line, and rear yard distances.
7. All existing physical features including streams,
water courses, dunes, existing trees greater than one
(1) inch in diameter measured six (6) feet above
ground level, and significant soil conditions.
S. Topography showing existing and proposed contours at
two (2) foot intervals. All reference bench marks
shall be clearly designated.
9. Parking, loading, and unloading areas shall be
indicated with dimensions, traffic patterns, access
aisles and curb radii.
10. Improvements such as roads, curbs, bumpers, and
sidewalks shall be indicated with cross sections,
design details, and dimensions.
11. Location and design of existing and proposed storm
water systems, sanitary waste disposal systems, water
mains and appurtenances and method of refuse disposal
and storage.
12. Landscaping and buffering plan showing what will
remain and what will be planted, indicating names of
-plants, trees and dimensions, approximate time of
planting, and maintenance plans.
13. Lighting details indicating type of standards,
location, radius of light, and intensity- in foot
candles.

14. Location, dimensions and details of signs.
15. North arrow.
(5) Performance standards.
In reviewing any site plan, the Planning Board shall consider:
a. Pedestrian and vehicular traffic movement within and
adjacent to the site with particular emphasis on the
provision and layout of parking aras, off-street loading and
unloading, movement of people, goods and vehicles from
access roads, within the site, between buildings, and
between buildings and vehicles.
The Planning Board shall ensure that all parking spaces are
usable and are safely and conveniently arranged. Access to
the site from adjacent roads shall be designed so as to
interfere as little as possible with traffic flow on these
roads and to permit vehicles a rapid and safe ingress and
egress to the site.
b. The design and layout of buildings and parking areas shal-1
be reviewed so as to provide an aesthetically pleasing
design and efficient arrangement. Particular attention
shall be given to safety and fire protection, impact of
surrounding development and contiguous and adjacent
buildings and lands.
C. Adequate lighting shall be provided to ensure safe movement
of persons and vehicles and for security purposes. Lighting
standards shall be a type approved by the Planning Board.
Directional lights shall be arranged so as to minimize glare
and reflection on adjacent properties.

d. Buffering shall be located around the perimeter of the site
to minimize headlights .of vehicles, noise,. light from
structures, the movement of people and vehicles, and to
shield activities from adjacent properties when necessary.
Buffering may consistof fencing, evergreens, shrubs,
bushes, deciduous trees or combinations thereof to achieve
the stated objectives. Buffering shall be required in any
instance where industrial or commercial uses border on
existing residential uses or residential districts as
indicated on the zoning map, and in such instances the
buffer depth shall be a minimum .of twenty (20) feet and
include three (3) staggered rows of plants at a minimum
height of four (4) feet.
e. Landscaping shall be provided as part of the overall site
plan design and integrated into building arrangements,
topography, parking and buffering requirements.
f. Signs shall be designed so as to be aesthetically pleasing,
harmonious with other signs on the site, and located so as
to achieve their purpose without constituting hazards to
vehicles and pedestrians.
g. Storm drainage, sanitary waste disposal, water supply and
garbage disposal shall be reviewed and considered.
Particular emphasis shall be given to the adequacy of
existing systems, and the need for improvements, both on
site and off -site, to adequately carry run-off and sewage,
and to maintain an adequate supply of water at sufficient
pressure.
h. Environmental elements relating to soil erosion,
preservation of trees, protection of water courses, and
resources, noise, topography, soil and animal life shall be

reviewed, and the design of the'plan shall minizize any adverse impact.
on these elements. Particular reference shall be made to Areas of Envir-
onmental Concern as designated by the Coastal Area Management Act and the
Coastal Resources Commission.
i) the olicies of the local governments CAMA Land Use Plan, particularly
those pertaining to land use and condominiums.
j) in.determining the maximum number of units allowable in those zones per-
miting condominium units in excess of the base density of 4 units per acre,
the Planning Board will consider the"' Condominium Assessment Methodology
for Granting Additional Units Under the Housing Development Ordinance"
prepared by the Onslow County Planning Department.

CONDOMINIUM ASSESSMENT METHODOLOGY FOR GRANTING ADDITIONAL UNITS
UNDER THE CONDOMINIUM DEVELOPMENT ORDINANCE
The following "bonus system" is based on a maximum building
height of 50 feet (measured from the highest point of the
pilings) and a base density of four units to the acre, which can
be increased to fifteen units to the acre through the bonus
system. The ratio of bonus points to density per acre is set at
15 points for each additional density unit per acre. Thus to
build at 5 units per acre, 15 bonus points must be earned; to
build at 10 units per acre 90 bonus points would be required, and
to build at the maximum density of 15 units per acre 165 points
would be necessary.
BEACH ACCESS BEACH ACCESS MAY BE PROVIDED ANYWHERE WITHIN THE
LOCAL GOVERNMENT'S JURISDICTION IN ACCORDANCE WITH THE STANDARDS
OF THE LOCAL BEACH ACCESS PLAN
1 POINT PER DONATED PARKING SPACE
10 POINTS PER ACCESS AREA PROVIDED
10 POINTS PER ACCESS IMPROVED TO STANDARDS OF THE LOCAL BEACH
ACCESS PLAN
SETBACKS BETWEEN STRUCTURES OF DIFFERING SCALE
PURPOSE --TO ENCOURAGE GREATER SETBACKS WHERE THE DIFFERENCE IN
SCALE IS GREATER BY PROVIDING A HIGHER REWARD FOR SETBACKS
BEYOND THE MINIMUM NECESSARY TO EARN TEN POINTS.
ASSUMPTIONS AND LIMITATIONS
1) WHERE THE ADJACENT LOT IS UNDEVELOPED A TWO-STORY STRUCTURE
SHOULD BE ASSUMED FOR SETBACK PURPOSES
2) THIS PROVISION WILL APPLY ONLY TO SETBACKS FROM PROPERTY HELD
BY SOMEONE ELSE OTHER THAN THE OWNER OF THE LAND PROPOSED FOR
DEVELOPMENT
WHERE THE PROPOSED BUILDING SCALE EXCEEDS THAT OF EXISTING
STRUCTURES ON IMMEDIATELY ADJACENT LOTS BY ONE OR MORE STORIES:
1 STORY DIFFERENCE: MINIMUM SIDE YARD SETBACK 10
FEET. EACH ADDITIONAL 10 FEET OF SETBACK EARNS 10 POINTS
STORY DIFFERENCE: MINIMUM SIDE YARD SETBACK 20 FEET.
EACH ADDITIONAL 10 FEET EARNS 20 POINTS
STORY DIFFERENCE: MINIMUM SIDEYARD SETBACK 30 FEET.
EACH ADDITIONAL 10 FEET EARNS 30 POINTS.
1

ESTHETIC APPEAL --PRESERVATION OF VISUAL ACCESS AND OPEN SPACE
FOR COMPLIANCE WITH THE FOLLOWING POLICIES POINTS
THE SCALE OF A STRUCTURE SHOULD NOT DOMINATE ITS
SURROUNDING NATURAL LANDFORMS BUT SHOULD SEEK TO 10
BE CONSISTENT WITH"THEIR HEIGHT AND MASS
THE LOCATION AND ORIENTATION OF STRUCTURES SHOULD
PROMOTE THE MAXIMUM OF VISUAL ACCESS AND SENSE OF 10
OPEN SPACE TO THE PUBLIC AND OWNERS
THE SHAPE, TEXTURE AND COLOR OF STRUCTURES SHOULD
BE CONSISTENT WITH THE SURROUNDING NATURAL LAND- 10
FORMS AND SHOULD AS NEARLY AS POSSIBLE MINIMIZE
CONTRAST WITH THE LANDFORMS
SITE PLAN DEVELOPED BY A LICENSED ARCHITECT OR
LANDSCAPE ARCHITECT 10
FOR BREAKS BETWEEN BUILDINGS FOR VISUAL ACCESS
INTERPRETATION BREAK DISTANCES SHOULD BE MEASURED FROM A CLEAR
LINE OF SIGHT FROM THE ROAD, THAT IS, THERE SHOULD BE 10 FEET OF
VISUAL BREAK. IF THE BREAK IS AT AN ANGLE, ACTUAL DISTANCE
BETWEEN BUILDINGS MAY HAVE TO BE WIDER THAN 10 FEET IN ORDER TO
EARN POINTS
10 FOOT BREAK FOR EVERY 100 LINEAR FEET OF BUILDING 10
10 FOOT BREAK FOR EVERY 75 LINEAR FEET OF BUILDING 20
10 FOOT -BREAK FOR EVERY 50 LINEAR FEET OF BUILDING 30
5-10 FOOT BREAK FOR EVERY 25 LINEAR FEET OF BUILDING 40
COMMUNITY ASSOCIATION PLANS
FOR INCLUSION IN THE COMMUNITY ASSOCIATION ALL OF THE FOLLOWING
PLANS 10 POINTS
1) HURRICANE EVACUATION PLAN
2) DUNE PROTECTION AND VEGETATION MAINTENANCE PLAN
3) COMMUNITY WATCH ASSOCIATION PLAN
2

PROTECTION OF MARITIME FOREST
PERCENT OF FOREST RETAINED
100
75
50
25
PRESERVATION OF OPEN SPACE
FACTOR FOR % COVERED
POINTS. X BY MARITIME FOREST
% COVERED FACTOR
40 100 4
30 75 3
20 50 2
10 25 1
THE TERM "OPEN SPACE" SHALL INCLUDE ALL THOSE AREAS WITHIN
THE BOUNDARIES OF THE SITE THAT ARE NOT COVERED BY MARITIME
FOREST FOR WHICH POINTS HAVE ALREADY BEEN AWARDED, IMPERVIOUS
SURFACES(E.G., PARKING LOTS, BUILDING ROOFS, TENNIS COURTS, SWIM-
MING POOLS, STREETS AND SIDEWALKS), MARSH AREA REGULATED UNDER
THE _COASTAL AREA MANAGEMENT ACT, OR ANY OTHER AREA HELD IN PUBLIC
TRUST OR IN PUBLIC OWNERSHIP.
PERCENT OF SITE _R OPEN SPACE POINTS
40
20
50
25
60
30
70
35
80+
40
CONTROL OF STORMWATER RUNOFF
FOR SITE DESIGN AND CONSTRUCTION PRACTICES THAT MINIMIZE STORMWA-
TER RUNOFF AND SUSEQUENT POTENTIAL FOR EROSION OR POLLUTION OF
GROUND OR SURFACE WATERS 20 POINTS
THE TERM MINIMIZE SHALL MEAN ANY DESIGN OR CONSTRUCTION PRACTICE
THAT REDUCES STORMWATER RUNOFF POTENTIAL BELOW LEVELS THAT WOULD
OCCUR IF NO SUCH MEASURES WERE TAKEN.
3

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