HomeMy WebLinkAboutLarge-Scale Residential Development Study and Policy Recommendations-1984f Ifl
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coastal resources collaborative, ltd.
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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.
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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
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' 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.
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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
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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
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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
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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
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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:
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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.
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' 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.
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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,
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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
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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.
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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
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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
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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.
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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
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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,
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' 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.
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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
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' 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.
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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_.
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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
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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.
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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.
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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.
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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