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HomeMy WebLinkAboutLarge-Scale Residential Development Study and Policy Recommendations-1984f Ifl 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 coastal resources collaborative, ltd. DCM COPY DCM COPY lease do not remove!!!!! Division of Coastal Management LARGE-SCALE RESIDENTIAL DEVELOPMENT STUDY AND POLICY RECOMMENDATIONS FOR PAMLICO COUNTY, NORTH CAROLINA 612 Shady Lawn Road Chapel Hill, North Carolina 275 14 919-942-8937 I LARGE-SCALE RESIDENTIAL DEVELOPMENT STUDY AND POLICY RECOMMENDATIONS FOR PAMLICO COUNTY 1984 Coastal Resources Collaborative, Inc. The preparation of this document was financed in part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Ocean and Coastal Resources Management, National Oceanic and Atmospheric Administration. I 11 Table of Contents Page Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Potential Impacts of Large -Scale Residential Development on Pamlico County . . . . . . . . . . . . . . . . . . . . . . . . . 3 Water Supply . . . . . . . . . . . . . . . . . . . . . . . . . .3 Wastewater Treatment and Disposal . . . . . . . . . . . . . . . 4 Solid Waste . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Fisheries . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Wetlands . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Natural Areas . . . . . . . . . . . . . . . . . . . . . . . . . 10 Social and Aesthetic Impacts . . . . . . . . . . . . . . . . . 11 Governmental Services . . . . . . . . . . . . . . . . . . . . . 11 Hurricane Hazard . . . . . . . . . . . . . . . . . . . . . . . 11 Road Network . . . . . . . . . . . . . . . . . . . . . . . . . 12 Review of Existing Land Use Policy in Pamlico County . . . . . . . . 14 Water Supply System Extension Policy . . . . . . . . . . . . . .14 Wastewater Treatment and Disposal Policy . . . . . . . . . . . 15 Pamlico County Land Use Plan Policies . . . . . . . . . . . . . 17 Pamlico County Subdivision and Planned Residential Community Ordinance . . . . . . . . . . . . . . . . . . . . . . 18 Pamlico County Zoning Ordinance . . . . . . . . . . . . . . . . 19 North Carolina Sedimentation Pollution Control Program . . . . 20 Pamlico County Environmental Impact Statement Ordinance . . . . . 20 North Carolina State Building Code . . . . . . . . . . . . . . . 22 National Flood Insurance Program . . . . . . . . . . . . . . . . 22 North Carolina Coastal Management Program and Federal Wetlands Protection Program . . . 23 Land Use Policy Recommendations . . . . . . . . . . . . . . . . . . . 25 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 INTRODUCTION One of the distinctive features of Pamlico County is its high quality, rural environment. What development exists tends to be small-scale and unobtrusive. The open spaces, the clean air and water, and the abundant fish and wildlife are all highly regarded both by county residents and by others who are attracted to the county as a place for a second home or for retirement. Three events have occurred recently that raise concerns about the impacts on this environment that continuing residential development, and particularly large-scale development, may have. On May 5, 1984, Jones Island was sold at auction. It was evident from the bidding that there is substantial interest in residential development of the island. The buyer is reportedly interested in selling, and it is a distinct possibility that the island may either be subdivided orsdeveloped as a resort complex in.the not -too -distant future. A second event is the current rapid increase in mobile homes in the county. Building permits issues for mobile homes currently outnumber those for conventional homes three to one. Concern has been expressed that large-scale, high -density mobile home park development could have significant adverse impacts on the natural environment and on the provision and cost of county services. The third factor is the rapid large-scale development of suitable land in adjacent counties. This rapid development is likely to spread into Pamlico County as suitable land becomes more scarce in the neighboring counties. While recognizing that large-scale residential development -- mobile home parks, subdivisions, condominiums, and resorts -- have many positive benefits, in general such projects may also have deleterious impacts on the quality of life in nearby areas. These include adverse impacts on water 2 ' supply, water quality, transportation systems, wildlife and fisheries, natural areas, and the cost and provision of county services. In most cases such ' impacts can be readily avoided through appropriate design changes, many of ' which are often voluntarily adopted by developers in order to promote the attractiveness of their developments. Where such measures are not voluntarily ' adopted, however, the county has a legitimate role to play in ensuring that such developments do not injure the overall quality of life in the community. 1 In response to these concerns, the Pamlico County Board of Commissioners ' contracted with Coastal Resources Collaborative of Chapel Hill to examine this problem and to provide this advisory report on measures available to the County rto address these concerns. Chapter Two of this report reviews the potential impacts of large-scale residential developments on the county's natural systems ' and governmental services. Existing county land development policies are reviewed in Chapter Three. Chapter Four presents recommendations for a county policy specifically addressing large-scale residential development. I POTENTIAL IMPACTS OF LARGE-SCALE RESIDENTIAL DEVELOPMENT ON PAMLICO COUNTY Water Supply Three aquifers currently supply the water needs of the county. The deepest and most extensively used of the three is the Castle Hayne aquifer. Varying in thickness from 200-400 feet and buried at depths ranging from 80 feet in the western part of the county to over 350 feet in the northeast, the aquifer is composed of shell limestone and beds of calcareous sand. It is highly productive: domestic wells easily yield 20-50 or more gallons per minute, and large diameter commercial wells produce several hundred gallons per minute with very little breakdown. Above the Castle Hayne lies the Yorktown aquifer, containing interbedded layers of sand, shell, and clay. The sand and shell beds yield moderate quantities of water, and small diameter wells can generally provide a supply adequate for domestic use. Above this, in the western part of the county, the unconfined or water table aquifer provides an adequate source of water to shallow wells. The quality of water in the Castle Hayne and Yorktown aquifers is simi- lar; it is characteristically hard and alkaline and may contain excessive iron. Chloride content is for the most part low, but in the eastern part of the county residual salt water or contamination from brackish surface waters may result in high chloride levels. Hydrogen sulfide may also occur in the Castle Hayne in this area. Water quality in the unconfined aquifer, on the other hand, is generally soft and free of odor, though often with a high iron content. Chloride contamination is very low in inland areas but higher along Ithe coast. Of the approximately 5200 dwelling units in the county, 3700 are cur- rently served by three public water supply systems: the municipal systems in 4 1 Oriental (400 connections) and Minnesott Beach (150), and the county system (3150). The latter is expanding at the rate of 150-175 new connections annually. The county's pumps and treatment plant are currently operating at roughly 45-50% of capacity and can handle increases in demand without capacity constraints. County water is drawn from the Castle Hayne aquifer, which exhibits very little drawdown at the county's wells and could evidently supply much more. From the standpoint of water supply, major residential development in the county would appear to face few severe constraints. The capacity of the Castle Hayne aquifer to supply the water needs of such developments through individual or community wells or through an expanded county system does not appear to be in doubt, though the quality of untreated water may be objection- able, particularly in the eastern part of the county. The ability of the county plant to meet the needs of major new users is also assured for the near future, and should a developer wish or need to tap into the county system, the only major question will be the ability to obtain an extension of the system to the site. Wastewater Treatment and Disposal The treatment and disposal of wastewater is one of the most pressing concerns arising out of large-scale residential development. Because high water tables in Pamlico County present moderate to severe limitations for septic tank use, close attention must be given to any large-scale residential development which proposes to use on -site wastewater disposal. Along the creeks and the Neuse River in the eastern and southern parts of the county -- where large-scale residential development has been concentrated and is likely to continue to locate --inadequate depth to the seasonal high water table renders large tracts unsuitable for on -site disposal by septic tank without S 1 1 n extensive and costly filling or land modification. The available methods of treating wastewater in Pamlico County include the following: 1) on -site disposal using conventional septic systems, 2) on -site disposal using non -conventional septic systems, 3) developer -provided package plants, and 4) a centralized public sewage system. Currently the predominant method of wastewater disposal in Pamlico County is on -site land application by conventional septic tank. The soils in many areas of the county are not suitable for dense residential development with septic tanks. Soils may not absorb wastewater or they may allow wastewater to pass to the groundwater without adequate treatment. This latter problem results from either inadequate depth to the groundwater table or from rapidly permeable soil. Overdependence on septic tanks for wastewater disposal throughout coastal North Carolina has been associated with degradation of water quality in nearby estuarine waters, the closing of shellfish beds, and contamination of sub- surface aquifers. There are several on -site alternatives to conventional septic systems, including mound systems, duplex drain fields, holding tanks, low pressure pipe systems, and no -flush toilets. These alternative systems may permit on -site disposal in areas where state regulations do not permit conventional septic systems. Development using alternative wastewater treatment systems is likely to require larger minimum lot sizes than required.for the use of conventional systems. Package wastewater treatment facilities, which are smaller versions of conventional central wastewater treatment facilities are commonly used to treat and dispose of wastewater from multi -unit condominium, motel or town- house projects. There are many advantages to the use of package plants: relatively small acreage required for the ,actual plant, ease of installation, ' capability of modular expansion to increase capacity to a certain maximum, and the potential for a private developer to lease or purchase capacity at a ' privately -owned facility. The disadvantages include the relatively high cost per unit --especially for facilities with less than 10,000 gallons per day ' capacity (approximately 20 to 30 dwelling units) --difficulty in assuring that ' the facility meets design specifications, sensitivity to seasonal fluctuations in wastewater flows, and the need for careful supervision of the facility. ' There is currently only one package plant operating in Pamlico County, a 3,000 gallon per day facility at the county courthouse complex. Package ' plants are often used for large-scale residential developments throughout more ' densely populated coastal areas of North Carolina. As development continues in Pamlico County, proposals featuring package wastewater treatment facilities ' should be expected. There is currently a municipal wastewater treatment system under con- struction in the Town of Oriental. This system is expected to serve customers only within the town limits. The Environmental Protection Agency has funded studies addressing the need and cost of wastewater facilities for the Oriental area and for the Bayboro-Aliance area. Due to the high anticipated costs of centralized wastewater systems, no construction of such systems, other than ' the Oriental municipal system, is anticipated. ISolid Waste ' The new county landfill,located on the Minnesott Ridge, has been in operation since 1981. The ridge runs north to south through the county and ' offers the best soils for a landfill and future landfills are apt to be sited along this ridge as well. The projected life of the landfill at the time it ' was opened was twenty years, but it now appears to be filling at a slightly 7 faster rate. A collection system is being established but is currently incom- plete. Major residential developments will have two impacts on the county's ' solid waste program. Waste generated by the development will increase the rate at which the landfill is filled, thereby shortening its life. The dis- tribution system will also have to be extended to include the development, at a cost to the county. If a fee system for major waste generators is adopted, the fees may compensate for these impacts. Wildlife ' As a result of its large expanses of forest and wetlands, good water and air quality, and minimal urban development, Pamlico County enjoys an abundance ' of wildlife. Barick and Critcher (1975) noted large populations of deer, ' small game, furbearers, and water fowl in the county. From a county -wide perspective most residential developments will have ' little impact on wildlife populations, though their local impact and cumula- tive impacts may be quite severe. Developments that remove all cover and food sources will eliminate most wildlife species in the area. However, ' projects can be designed to attract many wildlife species that enhance the quality of life through observation. Such design features include pockets and strips of natural vegetation, particularly along stream courses and in floodplains, and soil erosion control to protect stream quality. Fisheries ' Commercial fishing is the second leading industry in Pamlico County, and sport fishing is an important recreational pastime. A legitimate concern is that water pollution generated by major residential developments may have ' adverse effects on these fisheries, particularly in creeks and small, enclosed 0 I! bays. Potential pollutants include sediment, nutrients, bacteria, and toxics (including pesticides), and may result in eutrophication, deleterious changes in habitat, health risks, and fish poisoning. Some of these effects are unlikely, and others can be easily prevented if some simple precautions are taken. Barring gross negligence in the hand- ling of insecticides, petroleum products, and other toxic materials, signifi- cant inputs of toxics into creeks and estuarine waters are unlikely. Large inputs of sediment can occur at construction sites, but if some simple control measures are used, such as filter strips along streams and the reseeding of bare soil, such inputs can be reduced to acceptable levels. Major developments will be subject to the North Carolina Sedimentation Pollution Control Act of 1973, which will help ensure (but not guarantee) that adequate precautions are taken.. Nutrients will be introduced from sewage treatment systems (either septic tanks or a community treatment plant) and lawn fertilizers, though with some attention to project design the amount of these inputs can be minimized. Finally, bacterial contamination may occur as a result of improperly function- ing sewage treatment systems. As of June, 1984, 16,075 acres of estuarine waters, out of a total of 134,450 acres in the county classified as potential shellfish waters, were closed because of high coliform levels. Poorly designed designed or operated sewage treatment systems located adjacent to estuarine waters could increase this number significantly. . Wetlands The only comprehensive survey of the county's wetlands was conducted in 1957-59 as part of Wilson's (1962) wetlands inventory of the coastal plain. The acreages recorded for Pamlico County were: 11 VJ n Wooded swamps 3,450 acres Pocosin bogs 40,300 acres Irregularly flooded marshes 15,000 acres These acreages have undoubtedly been reduced since then by development; for instance, Richardson et al. (1981) found that by 1979 significant parts of several pocosin tracts recorded by Wilson had been drained and developed. These wetlands, particularly the marshes and swamps, possess a number of highly valued qualities in their natural state. They provide excellent fish and wildlife habitat, act as filters to remove sediment and other pollutants from runoff waters, provide protection to upland areas from storm tides and waves, and contribute to an aesthetically pleasing landscape. While ten years ago the potential impacts of shoreline residential development on wetlands would have been a serious cause for concern, regula- tory programs have reduced this threat considerably. Most work in coastal wetlands now requires permits under the state Dredge and Fill Act, the North Carolina Coastal Area Management Act, and under Section 404 of the federal Clean Water Act, which is administered by the U.S. Army Corps of Engineers. Standards for alteration of these wetlands have grown increasingly more strict. While inland wetlands do not enjoy the same degree of protection, construction activities in wooded swamps are still subject to the 404 program and its standards for the protection of fish, wildlife, and other values. Although pocosin wetlands are not protected under these programs, these wet- lands are unlikely sites for residential development, and far more serious threats to these systems are posed by agricultural, forestry, and mining development. In light of this situation, county wetlands would seem to enjoy adequate protection and are not seriously threatened by the possibility of major residential developments. 10 ' Natural Areas ' Virtually all of Pamlico County has been subjected to some degree of man- made disturbance, ranging from occasional timber harvests to the clearing of ' land for agricultural and urban uses. Several areas, however, have recovered sufficiently to no longer bear evidence of previous disturbance and may be ' considered ecologically intact. Some of these tracts, by virtue of their ' vegetation and wildlife population and their exemplary ecological character are regarded as outstanding natural areas, and their destruction would consti- tute a major loss of the county's natural heritage. Peacock and Lynch (1982) inventoried the natural areas of the county ' under a grant from the state's Coastal Energy Impact Program. They tenta- tively identified six areas with outstanding natural values, ranging in size from 380 to 12,500 acres (Figure 1). Pamlico County owns a portion of one tract, but the rest are in private hands, and for the most part the owners have no avowed commitments to protect the area's natural qualities. Peacock and Lynch also identified several other areas in the county deserving further. study. A major residential development located in one of these areas could reduce or even destroy its natural value, which depends to a large extent on the ecosystem remaining intact. While protection for such areas has not become a widespread justification for land use regulation, a number of local governments have incorporated incentives into zoning and subdivision ordi- nances to encourage natural area preservation. Although Pamlico County would seem to have an abundance of natural habitat, continued agricultural, fores- try, mining, and residential development could eliminate many of the remaining, relatively pristine natural ecosystems within a couple decades. 11 k L 1 11 Social and Aesthetic Impact Pamlico County has a rural and small-town atmosphere, with a great deal of open space and attractive scenery. These qualities are among the county's strongest assets and are highly valued by its residents. The amount, type, and design of new residential development, particularly large-scale develop- ment, will affect the county's social flavor and aesthetic quality. Major new developments will increase the proportion of land devoted to urban use at the expense of other land uses and contribute to urbanization of the county. There will also be a loss of open space. While some residential developments can be quite attractive, others can be eyesores, and without adequate precau- tions the aesthetic quality of the county could decline. Governmental Services The county provides residents with a number of services --schooling, health care, police and fire protection, and others --the demand for which will increase as new residential development occurs. The increase in the tax base resulting from this development may or may not be sufficient to offset the increased cost of providing these services. The possibility that costs will rise faster than tax revenues is a situation the county should be concerned about and should follow closely. In addition, the design of the development will influence the effectiveness of county fire protection. Hurricane Hazard The potential for hurricane -caused damage in Pamlico County is great. Much of the county is at low elevation, and flooding of the Neuse River, com- bined with a storm surge in Pamlico Sound could do tremendous damage. While the majority of the damage caused by hurricanes can often be attributed to the storm surge, in Pamlico County tornadoes and gale force winds accompanying hurricanes could do as much damage as flooding. The State Building Code, 12 I I which addressed construction standards for new development in the area, has been criticized because it does not fully address these problems associated with the coastal area. State Building Code regulations are currently uder review, and revisions may deal with these issues. The county has recently entered into the National Flood Insurance Program. This program, in return for federal flood insurance in the coastal area, re- quires certain construction standards to be met. Specifically, new or sub- stantially renovated inhabited buildings must be elevated above the 100-year flood level. This level is the elevation expected to flood in a storm which has a .01 chance of occurring in any given year. Another construction standard requires mobile homes to be anchored. These regulations help de- crease the potential destruction caused by a hurricane, but they do not elimi- nate it. The standards in the National Flood Insurance Program are designed primarily to lessen the damage caused by flooding, and do not address the problem of wind damage. One final point to keep in mind is that most of the new development in the county is likely to be added in the low-lying areas which abut the Neuse River, Pamlico Sound, and the many deepwater creeks in the area. Losses in these areas are not limited to private investment, but also include the destruction of public utilities such as sewer and water lines, publicly main- tained roads, and other capital expenditures. Road Network The current road network in Pamlico County is adequate for the needs of existing residents during normal traffic periods. However, with the growth of new large-scale residential developments in the county, this capacity may be severely strained. If access problems are dealt with during the construc- tion of these large projects, much of the potential traffic problem can be 13 Iavoided. ' There is one particular aspect of the road network which needs to be examined, and that is the capacity of the roads to handle the traffic gener- ated during a hurricane evacuation. Presently, there appears to be adequate capacity for evacuation, however, this capacity has not been evaluated ' There in for but recently. are two shelters the county evacuation, these can- not hold the entire population of the county, and some residents must drive to other areas. This raises a potential problem, due to the low-lying roads ' which lead out of the county to New Bern and Greenville. When allowing fur- ther residential development, Pamlico County must address the evacuation ' needs of these new residents. More shelters within the county or increased ' evacuation capacity on the major roads may be needed in the near future. I I REVIEW OF EXISTING LAND USE POLICY IN PAMLICO COUNTY The existing land use control policy in Pamlico County consists of the following elements: (1) the water supply system extension policy, (2) the wastewater treatment and disposal regulations, (3) the policies of the county land use plan, (4) the county subdivision and planned residential community ordinance, (5) the county zoning ordinance, (6) the North Carolina sedimentation pollution control program, (7) the county environmental impact statement ordinance, (8) the North Carolina State Building Code regulations for both conventional structures and mobile homes, (9) the federal flood insurance program, and (10) the North Carolina coastal management program and the federal wetlands protection program. Although not all of these elements are within the control of the county, these are the tools available to the county to manage residential development and mobile home parks. It is important to clearly define the scope, application, and limitations of these existing policies and regulations as a basis for development of new county policies. Water Supply System Extension Policy The county operates a water supply system which currently serves a majority of the county's residents. Seventy percent of the dwelling units in the county are served by either the county system or municipal systems operating in Oriental and Minnesott Beach. A developer may either pay for an extension of the county system to the development or may provide water by a private system. The county does not r equire residential developers to make use of the county system, even if the county determines that the existing system is sufficiently close to the 15 F development to make such,an.extension desirable. The county's water extension policy exercises an important role over the location of major residential developments. County policy requires that developers who desire an extension of the county water system to a mobile home park or other residential development must pay the cost of the system extension to the development. If a developer fails to provide county water for a development, and residents later decide to seek extension of the county water system, the developer must pay a prorated share of the cost of the extension, based upon the percentage of unsold lots in the development. The county evaluates each request for water extension to individual residents separately for cost effectiveness; there are no specific criteria in deter- mining whether to extend water service. Wastewater Treatment and Disposal Policy The Pamlico County Health Department enforces state septic tank regulations. The county does not have its own septic tank regulations apart from those of the state. While county septic tank regulations may be no less stringent than the state regulations, they may be more stringent. The soils in large portions of Pamlico County are unsuitable for septic systems according to the state soil characteristic and water table requirements. Soils in many parts of the county are moderately•or severely constrained for the use of septic systems, but state regulations permit their use. The regu- lations permit the use of septic systems in areas where the seasonal high water table is more than 12 inches below the surface. In many soils, septic effluents may contaminate the subsurface aquifer or nearby surface waters 16 I I even thoughthis state regulation has been met. The state regulations which govern the density of development permitted with the use of septic systems are as follows: lots platted prior to July 1, 1977 may use on -site systems on parcels as small as 5000 square feet, which produces a density equivalent of approximately 8.7 units per acre; lots platted between July 1, 1977 and July 1, 1982 must be a minimum of 7500 square feet, which produces a density equivalent of 5.8 units per acre; lots platted after July 1, 1982 must be a minimum of 15,000 square feet, or a density equivalent of 2.9 units per acre. The new regulations require a repair and replacement area equal to the septic system utilized, and a 50 percent increase in the absorption area requirements if beds instead of trenches are used. The new regulations also make it more difficult for property owners to obtain an exception to the minimum horizontal distance requirements for previously platted lots. State regulations require an operations permit for septic systems in mobile home parks. [10 N.C.A.C. 10A .1937(e)] This allows the health depart - went to inspect the septic system of the mobile home park whenever a mobile home within the park applies to connect to the park's septic system. The county currently enforces state septic system regulations, with no county regulations which address any peculiar conditions within the county. There may be specific conditions within the county -- given the county's reliance on commerical fishing, the widespread use of private shallow wells, the importance of sportfishing and water -contact recreation, and the low- lying topography and high seasonal water table in much of the county -- that warrant county regulations more stringent than the state regulations. ' 17 This is particularly.important given the water quality degradation experienced in many parts of the coastal region even though septic tank use proceeds according to the state regulations. 1 A comprehensive program of state regulations governs the design and operation of package wastewater treatment plants. Operation of a package plant requires a permit from the state Division of Environmental management rather than the county health department. Regulations do not permit disposal by discharge into surface waters.. They do require tertiary treatment. IPamlico County Land Use Plan Policies Pamlico County adopted a Land Use Plan in 1976, an update in 1980 and an amendment addressing Mining Policy in 1983. This Land Use Plan is intended as a blueprint for future development of the county. It contains the county's policies regarding resource protection, economic and community development, resource production and management, and public participation. The policies - in the Land Use Plan are approved by the Coastal Resources Commission and become part of the North Carolina coastal management program. As such, state and federal actions affecting land use in the county must be consistent ' with the county Land Use Plan to the maximum extent possible —The Land Use Plan policies also serve as a basis for land use ordinances and as a factor in the approval or denial of CAMA permits. A number of statements in the 1980 Land Use Plan Update are concerned with natural resources protection, and so indirectly address residential land development. These include: (1) To give highest priority to the protection and management of coastal wetlands so as to safeguard and perpetuate their t ,a biological, social, economic, and aesthetic values; (2) To give highest priority to the conservation and management of the important features of estuarine waters so as to safeguard and perpetuate their biological, social, economic, and aesthetic values; (3) To ensure shoreline development is compatible with both the dynamic nature of estuarine shorelines and the values of the estuarine system; (4) To support the preservation of the productive fisheries located in and around the county, and (5) To discourage any growth or development in which a reasonable expectation exists that damage will occur to the commercial fishing resources in Pamlico County. The county policies give support to large-scale residential development and mobile home parks, with adequate controls to assure that such developments are not environmentally or socially disruptive. Current policies which lend ' support to such development include: (1) To discourage extensive urban growth which would create major changes in the present population density of the county or place additional stress on the environment; and (2) To support rgrowth in rural areas in a reasonably low -density, environmentally -safe fashion. In summary, Pamlico County's policies encourage low -density growth, so long as adverse impacts associated with that growth are minimized. Pamlico County Subdivision and Planned Residential Community Ordinance The Pamlico County Subdivision Ordinance applies to virtually all subdivisions of land within the county. the ordinance has several exemptions for small-scale subdivisions. It requires major subdivisions to undergo preliminary and final plat approval and sets standards for streets and roads, 1 lot size, platting of flood -prone and unsuitable areas, lay -out of blocks, 19 ' street drainage, utility easements, and buffer strips. The county also has a planned residential community ordinance which applies only to subdivisions of 25 or more acres. This ordinance allows densities greater than those permitted under the standard subdivision regulations, and requires community water and sewer service. The subdivision ordinance and the planned residential community ordinance give a developer proposing a subdivision of 25 or more acres a choice between the greater densities of the planned residential community ordinance if the developer provides community water and sewer, and the lower density of the standard subdivision ordinance. ' Neither ordinance regulates the development of property when the developer does not propose an actual subdivision. The ordinances do not impose site plan review requirements on major mobile home parks or on major motel or condominium projects which involve no subdivision. ' Pamlico County Zoning Ordinance Zoning may be used to regulate the type of land use in an area (such ' as industrial, commercial, or multi -family residential) as well as to control the density of development, and the height and bulk of buildings. The general purpose of zoning is to avoid undesirable side effects of development by ' segregating incompatible uses and by maintaining adequate standards for individual uses. A zoning system can be designed to meet the specific needs of the jurisdiction, and to provide the level of land use restriction desired by the community. Pamlico County has a zoning ordinance which applies only to small sections of Stonewall and Vandemere. The ordinance has no effect elsewhere in the county. 20 I 1 F North Carolina Sedimentation Pollution Control Program The North Carolina Sedimentation Pollution Control Act of 1973 establishes a state program designed to control erosion and the resulting sedimentation of streams and other surface waters. The program requires that a public agency or private developer submit a sedimentation control plan to the Division of Land Resources, or to a participating local government, before engaging in any land clearing activity that involves clearing more than one acre. Mining, agricultural and silvicultural activities are exempt. The sedimentation pollution control plan must meet established standards for the prevention of erosion and sedimentation during all types of construc- tion comprising one or more acres. The purpose of the program is to reduce run-off from construction sites. The program does not address other aspects of residential or mobile home park development, such as location, density or type of development. Local governments may assume administration of the program by adopting.a local sedimentation ordinance, but Pamlico County has not chosen to do so. Pamlico County Environmental Impact Statement Ordinance In 1983 Pamlico County adopted an ordinance requiring an environmental impact statement for major development projects, largely in response to concerns about large-scale land -clearing activities associated with peat or phosphate mining. The ordinance requires an environmental impact statement for major development projects, including "industrial and commercial projects, material or mineral extraction projects, and any project involving substantial grading or vegetation clearance or any project that would have a substantial ' 21 ' impact -,on the hydrology,of the county or its environs; but does not include any projects involving the development of less than two contiguous acres, unless part of a development which will eventually comprise more than two contiguous acres." The purpose of this ordinance is to provide the county with information ' on proposed major developments which fall within its jurisdiction. It ensures that county officials receive full disclosure of the scope and impacts of a proposed project, which allows the county to plan for needed increases in county services and facilities, and to respond to potentially adverse impacts on public resources, neighboring land uses, and the general health, ' safety, and welfare. The ordinance is purely informational; it does not control the development of land or bind the developer to any specific environ- mental -standards. ' The principal short -coming in the existing environmental impact statement ordinance is its ambiguity with respect to its application to major residential ' developments or to large mobile home parks. The definition of "major development project" does not clearly inform developers and county officials whether a specific proposal requires an environmental impact statement. ' Residential projects involving "substantial grading or vegetation clearance" or projects with a "significant impact on the hydrology of the county or its environs" are subject to the requirement. Residential projects or mobile home parks which involve the development of less than two acres are not subject to its requirement. The ordinance does not, however, provide clear answers to whether projects between these two certainties are required to prepare an environmental impact statement. This lack of clarity may lead to ' uncertainty or to the county not receiving an environmental impact statement when one may be necessary for a specific proposal for a residential development. 22 fl North Carolina State Building Code The state Building Code is designed to prevent unsafe building practices. It does not directly affect the density, the type (such as condominium, multi -family apartment, etc.), or the location of development, or the provision of county services for proposed development. The Building Code requires ' that construction be in accordance with standards in the Code. The Code's ' requirements and standards apply to both residential construction and to mobile home placement. ' State law does not permit counties to implement their own building standards. Pamlico County does enforce the state Building Code Council ' adopted regulations. All construction in the county valued at more than ' $1500 must have a Building Permit. Before the Building Permit will be issued, the project must comply with the provisions of the Building Code and, in ' addition must have approval from the county Health Department for placement of the well and septic tank. _National Flood Insurance Program Pamlico County has recently entered the first phase of the National ' Flood Insurance Program. The purpose of the Flood Insurance Program is to provide federal flood insurance to flood -prone areas, and to minimize exposure to flood damage through flood plain management. After final flood ' maps are approved by the county, local regulations must require all buildings, structures, facilities and developments within the flood plain to be designed and built to withstand a 100-year storm (that is, a storm with a one percent chance of occurring in any given year). Basically, new development in the_. ' 23 100-year flood plain and existing structures and mobile homes which are substantially improved must be elevated above the flood level expected. Large tracts of the eastern and southern portions of the county will ' be subject to these standards. The Flood Insurance Program does not prohibit development within flood plains; however, it does require that ' the potential for flood damage be recognized and that steps be taken to reduce the damage resulting from flooding. The program encourages sould building practices in low-lying areas; however, the program is directed only ' at damage resulting from flooding. Storm -associated threats such as wind damage and.evacuation from the storm areas are not within the scope of the ' program. The National Flood Insurance Program does not replace the traditional ' tools of land use planning and regulation, such as subdivision ordinances and ' septic tank regulations, but rather supplements them in flood -prone areas. The North Carolina Coastal Management Program and the Federal Wetlands ' Protection Program ' The North Carolina Coastal Area Management Act, which applies to Pamlico County, has two particularly important elements with respect to the control of land development within the county. These are the requirement for local ' land use planning and the regulation of developme-nt within Areas of Environ- mental Concern. ' CAMA's planning program requires coastal counties to prepare and adopt ' local land use plans. These plans allow local residents to evaluate their natural resources, assess their human and economic needs, and to set goals ' for the wise use and protection of the county's resources. The county land 24 use.plans serve as the basis for county ordinances. They do not directly regulate private land development. The plans are approved by the Coastal Resources Commission, and become part of the state coastal management program. As such, state and federal 'actions which affect the county must be consistent with the policies to the maximum extent practical. The CAMA regulatory function operates only in designated Areas of Environ- mental Concern. The Coastal Resources Commission designates AECs and sets standards for development within these areas. To date, the CRC has designated four categories of Areas of Environmental Concern: the estuarine system -- which includes estuarine waters, public trust areas, coastal wetlands, and ' estuarine shorelines -- ocean hazard areas, public water supplies, and natural and cultural resource areas. These designated areas are the only areas which require a CAMA permit for development. The regulatory program provides no development standards or guidelines for other areas of the county. Designated AECs in Pamlico County include estuarine waters, public trust ' areas, coastal wetlands, and estuarine shorelines. Most types of development within these areas require a permit. The program does not prohibit development within the designated areas, but it does require development to meet the standards for the specific AEC. In addition to the state coastal management program created by the Coastal Area Management Act, a federal permit under Section 404 of the Clean Water Act may be required from the Army Corps of Engineers for development in wet- lands. Both the federal and the state programs generally use a.unified application form and review process. Certain development projects may require a Section 404 permit from the Army Corps, while not requiring a state permit, because the jurisdiction of the Section 404 program is slightly broader than the state jurisdiction in wetlands. 25 1 I LAND USE POLICY RECOMMENDATIONS The current policy of Pamlico County is to encourage low -density residential growth compatible with the preservation of the county's natural resources and high quality rural environment. County policy is to ensure that development of one economic sector or resource (such as housing or resort development) does not unreasonably interfere with the development or continued productivity of other economic sectors and natural resources (such as coastal fisheries). Major residential developments such as mobile home parks, recreational resorts, and large subdivisions may have significant adverse impacts on the county's natural environment, the county's existing economic sectors, the county's rural lifestyle, and the provision of county services--- if the develop - went is poorly designed, unplanned, or improperly located. Pamlico County supports such development when practiced in such a manner as to protect the valued amenities and economic sectors of the county. Specifically such development shall proceed in a manner which minimizes adverse impacts on the adjacent natural environment and human activities, including such activities and features as: - water quality, both of surface waters and ground waters; - the natural productivity of streams, wetlands and estuaries; - the natural beauty of the county; - the orderly and economic provision of county services; - the ability to safely evacuate all residents who desire evacuation prior to a hurricane; and - the continuing rural and small-town character of the county. 1 26 1 To further implement county policy and to assure the protection of these natural resources and valued amenities, the county should consider the ' following measures: 1. An amendment to the existing environmental impact statement ordinance ' in order to clearly delineate which residential or resort projects are ' subject to an environmental impact statement requirement. 2. An ordinance addressing the potential adverse impacts of unplanned 1 and unregulated mobile home parks. The county is currently without any 1 regulations addressing the potential severe negative impacts of poorly - designed mobile home parks. ' 3. An ordinance requiring site plan review of major developments which do not fall within the jurisdiction of the existing subdivision 1 ordinance. This ordinance should regulate both residential development -- such as condominiums --..and commercial resort developments -- such as motels i and inns. ' 4. A review of the subdivision ordinance to correct any perceived inadequacies and shortcomings in its scope or standards. 11 11 1 1 u n DrVVV T?MrT'C Frank.B. Barick and T. Stuart Critcher, Wildlife and Land Use Planning With Particular Reference To Coastal Counties , Wildlife Resources Commission, 1975 S. Lance Peacock and J. Merrill Lynch, Natural Areas Inventory of Pamlico County, North Carolina , CEIP report #29, North Carolina DNRCD, 1982 Curtis Richardson, Rhonda Evans, and David Carr, "Pocosins: An Ecosystem in Transition", pages 3 - 19 in Curtis Richardson, ed., Pocosin Wetlands , Hutchinson Ross, 1981 Kenneth A. Wilson, North Carolina Wetlands, Their Distribution and Management., Wildlife Resources Commision, 1962 North Carolina State Building Code , Vol. I,.Dept. of Insurance, 1978 North Carolina State Regulations for Mobile Homes and Modular Housing , Dept. of Insurance, 1979 Pamlico County Coastal Area Management Plan, 1976 Pamlico County Land Use Plan , 1980 Pamlico County Mining Policy: An Amendment to the Land Use Plan of Pamlico I County , 1983 I Subdivision Regulations , Pamlico County , as amended 4-11-83 Zoning Ordinance , Pamlico County , as amended 9-7-7.9