Public Sound Access Parks and Recreation and Town Beautification Plan 1990-1990

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P U B L I C S 0 U N D A C C E S S
PARKS AND RECREATION
A N D
TOWN BEAUTIFICATION
P L A N
TOWN OF CAPE CARTERET, NORTH CAROLINA
Adopted by the Town Board of Commissioners
September 10, 1990
Adopted by the North Carolina Coastal Resources Commission
1990
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 Resource
Management, National Oceanic and Atmospheric
Administration.

THE TOWN OF CAPE CARTERET
North Carolina
Mayor
Raymond "Buck" Davis
Town Board of Commissioners
Howard V. Spencer
Ronald Waters
Roy Gillespy
Woodford R. Hall
Jerry Stroud
Select Committee on Water Access and Recreation
Ronald D. Johnson, Chair
Roy Gillespy*
Jim Guerber**
Ed Himlan***
Dick Lott
Kathryn Morschauser**
Jerry Stroud*
* Town Commissioner
** Planning Board Member
*** Planning Board Chair
Technical assistance provided by
PLANNING SOUTH, INC.
Pittsboro

C O N T E N T S
'
INTRODUCTION - - - - - - - - - - - - - - - - - - -
- - - - - -
i.
CONTENTS - - - - - - - - - - - - - - - - - - - - -
- - - - -
'
A COMMUNITY PROFILE REVIEW - - - - - - - - - - -
- - - - - -
- 1
Population Projections - - - - - - - - - - -
- - - - - 1
ITown
Growth - - - - - - - - - - - - - - - -
- - - - - 2
Parks and Recreation Land Uses - - - - - - -
- _ _ _ - 2
Recreational Uses Outside the Town Limits
- 3
Recreational Uses Inside the Town Limits
- - - - - 3
'
Development Trends and Major Physical Problems - - - - 4
Parks and Recreation - - - - - - - - - -
- - - - - 4
Estuarine Shorelines _ _ _ _
_ 5
Outstanding Resource Waters _ _ _ _ _ _
_ _ _ _ - 5
'
THE 1980 SHORELINE ACCESS STUDY - - - - - - - - -
- - - - - -
- 5
LOOKING TO THE FUTURE FROM THE 1987 LAND USE PLAN
PERSPECTIVE
- 6
*** Parks and Recreation Issues Emphasized -
- - - - - 6
PUBLIC PARTICIPATION - - - - - - - - - - - - - -
- - - - - -
- 7
Interviews and Public Meetings - - - - - - -
- - - - - 7
'
The Questionnaire - - - - - - - - - - - - - -
- - - - - 7
Analysis of the Questionnaire Results - - - -
- - - - 10
Synopsis of Written Comments - - - - - - - -
- - - - 11
iii.

PUBLIC ACCESS AND PARRS AND RECREATION STANDARDS - - - - - - 12
Foundation for Standards - - - - - - - - - - - - - - 12
Facts About and Characteristics of Cape Carteret 12
Sound Access Parks - - - - - - - - - - - - - - - - - 17
A School -Community Park - - - - - - - - - - - - - - - 18
Neighborhood Parks - - - - - - - - - - - - - - - - - 19
A Town Park - - - - - - - - - - - - - - - - - - - - - 20
LAND USE POLICY STATEMENTS RELATED TO: PUBLIC SOUND ACCESS,
PARRS AND RECREATION, AND TOWN BEAUTIFICATION - - - - - - 21
Resource Protection Policy - - - - - - - - - - - - - - 21
Estuarine System - - - - - - - - - - - - - - - - - 21
Marinas and Floating Homes - - - - - - - - - - - - 23
Resource Production and Management Policy - - - - - - 23
Public Sound Access - - - - - - - - - - - - - - - 23
Commercial and Recreational Fisheries - - - - - - 24
Commercial Forest Lands - - - - - - - - - - - - - 24
Economic and Community Development Policy - - - - - - 24
Town Appearance and Cleanliness - - - - - - - - - 25
Culture and Recreation - - - - - - - - - - - - - - 26
Tourism and Waterfront Access - - - - - - - - - - 26
LAND CLASSIFICATION - - - - - - - - - - - - - - - - - - - - - 26
Land Classes - - - - - - - - - - - - - - - - - - - - - 27
Land Classification Plan - - - - - - - - - - - - - - - 27
Changes in Classification - - - - - - - - - - - - - - 27
Conservation Lands - - - - - - - - - - - - - - - - 28
iv.

LEGAL STUDIES ON OWNERSHIP, PUBLIC USE RIGHTS, & ACQUISITION - 29
Ownership Issues - - - - - - - - - - - - - - - - - - - 29
Deeds of Conveyance for Street Ends - - - - - - - - - 30
Public Sound Access and the Public Trust Doctrine - - 31
TOWN PARKS, RECREATION AND IMAGE POLICY IMPLEMENTATION - - - - 35
Parks
and
Recreation Goal (1987) - - - - -
- - - - - - 35
Town
Image
Goal ( 1987 ) - - - - - - - - - -
- - - - - - 37
GOAL STATEMENTS AND SUPPORTING OBJECTIVES - - - - - - - - - - 39
The Sound Access, Parks and Recreation,
and Beautification Horizon Concept - - - - - - - - 39
Quality of Life Goal Statement - - - - - - - - - - - - 40
Visual, Environmental, and
Design Harmony Goal Statement - - - - - - - - - - 40
Citizen Participation Goal Statement - - - - - - - - - 41
Public Sound Access and Parks Operational Efficiency
Goal Statement - - - - - - - - - - - - - - - - - - 42
Town Beautification Goal Statement - - - - - - - - - - 43
V.

11,
IMPLEMENTATION PRIORITIES AND PROGRAMMING - - - - - - - - - - 45 ,
Priority #1: Fiscal Year 1990-1991
A Town Parks, Recreation and Beautification '
Board - - - - - - - - - - - - - - - - - - - - - - 45
Priority #2: Fiscal Year 1990-1991
Public Sound Access Parks - - - - - - - - - - - - 46
Priority #3: Fiscal Year 1991-1992
A School -Community Park - - - - - - - - - - - - - 47
Priority #4: Fiscal Year 1992-1993
Neighborhood Parks - - - - - - - - - - - - - - - - 48
Priority #5: Fiscal Year 1993-1994
A Town Park - - - - - - - - - - - - - - - - - - - 49
PROGRAMMING, BUDGETING AND PHASING PROJECTS - - - - - - - - - 50 '
Implementation Priorities and Programming ,
of Five Major Projects - - - - - - - - - - - - - 50
Priorities #1
and #2
Budgeting
Activities for Fiscal
Year 1990-1991 -
- 50 ..
'
An Initial
Operating Budget for
the Town
Parks,
Recreation and Beautification Board -
- 51
An Initial
Capital Improvements
Budget for
,
Public
Sound Access Parks
- - - - - - - - -
- 52
Priority #3
Budgeting
Activities for Fiscal
Year 1991-1992 -
- 53
A Capital
Improvements Budget
for a
School -Community Park
- - - - - - - -
- 53
Priority #4
'
Budgeting
Activities for Fiscal Year 1992-1993 -
- 54
A Capital
Improvements Budget
for Neighborhood Parks - - - - - - - - - - -
- 54
Priority #5
Budgeting
Activities for Fiscal Year 1993-1994 -
- 55
A Capital
Improvements Budget for a Town Park -
- 55
vi. I

T A B L E S
Cape Carteret Population Projections - - - - - - - - - - - 1
Inside the Town Limits Land Use Analysis:
Public Parks and Recreation - - - - - - - - - - - 4
Estimated Town Parks, Recreation and Beautification Board
Costs for the First Year - - - - - - - - - - - - - - - 52
Estimated Public Sound Access Parks
Capital Improvements Costs - - - - - - - - - - - - - - 53
Estimated School -Community Park
Capital Improvements Costs - - - - - - - - - - - - - - 54
Estimated Neighborhood Park
Capital Improvements Costs - - - - - - - - - - - - - - 55
Estimated Town Park
Capital Improvements Costs - - - - - - - - - - - - - - 56
A P P E N D I C E S
Public Trust Doctrine, February 2, 1990 - - - - - five pages
Property Acquisition, February 13, 1990 - - - - - two pages
M A P
Parks and Recreation Sites - - - - - - - - - - - - - - insert
vii.

F
A COHN UNITY PROFILE REVIEW
In making projections for town resident needs and desires, community popula-
tion, economy, and physical setting limitations weigh heavily. And additional
consideration must be given to historic information, existing conditions, and
alternative prospects for the future. These all have been taken into account
in the 1987 Land Use Plan Update. However, for the purposes of this planning
effort, only those elements that are directly applicable to public sound ac-
cess and parks and recreation planning and to town beautification are present-
ed with updated modifications in the following sections.
POPULATION PROJECTIONS
The Town was incorporated in 1957, and the first decennial U.S. Census in 1960
showed a population of 52 people living within its corporate limits. Since
then, town growth has been dramatic at times. Increases have been moderate
but steady. Continued population growth can be attributed to the quality of
life of the area, longer life expectancy and a resultant influx of retirees,
and the growth and development experienced in coastal regions of the state in
general. Forecasts made in 1987 show that growth will continue, showing near-
ly 1,500 residents for 1990, and 2,500 residents by the year 2,000.
POPULATION PROJECTIONS
Year Inhabitants
1960
52
1970
616
1980
944
1984*
1,155
1990**
1,472
1995**
29000
2000**
2,500
Percent Increase
1,000+
53.2
22.4
27.4
35.9
25.0
Sources: U.S. Census, *N.C. Department of Administration projections, and
**Planning South, Inc. projections made in 1986. Population projec-
tions were made by simple straight-line percent -of -increase methods,
with the 1970 and 1980 U.S. Census and the N.C. Department of Admin-
istration counts and estimates as bases.
1

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TOWN GROWTH
Old Cape Carteret was the first incorporated section of town. This area with
'
frontage on Bogue Sound is situated to the south of McLean Boulevard (NC 24)
and to the east of NC 58. Star Hill and Bayshore Park were annexed later.
'
There are seven additional abutting unincorporated developments considered to
be a part of the Cape Carteret Planning Area. The extraterritorial jurisdic-
tional (ETJ) areas along NC 58 with some 25 residents, Hunting Bay with an es-
timated 50 residents, Fox Forest and Quail Wood with about 80 people, the SR
1113 and SR 1114 communities with some 40 residents, and the northwest commu-
nity on NC 58 to the north of Pettiford Creek with -an estimated 50 residents,
contribute to the size of the Cape Carteret community, bringing the current
population of the planning area to an estimated 1,700.
It is estimated that between 75-80 percent of the homes within the town limits
and the ETJ are occupied by permanent residents.
'
PARRS AND RECREATION LAND USES
,
There is no formal parks and recreation unit in the administrative structure
of town government. However, one Town Commissioner is given responsibility for
'
recreation and environment. For two years that commissioner met with an ad hoc
advisory committee.
Up until December 31, 1989, two areas had been leased from the private sector
(The McLean Estate) for $1.00 each per year. During the 1980's, the parks
lease agreements were changed from a ten-year to a one-year basis. The Town
,
paid the taxes on these parcels for the owner and the costs for improvements
and maintenance.
'
A limited number of recreational programs with volunteer leadership are con-
ducted at the Town Hall, Volunteer Fire Department Building, and White Oak
Elementary School. Although there has been extensive use of the two sound ac-
cess parks, it has not been documented.
The largest portion of land dedicated to recreational purposes is in the Star '
Hill neighborhood where a privately owned golf course is intertwined with
residential development. This private enterprise, with a swimming pool and
tennis courts, is open for public use. The golf course is a major green,
openspace resource for Cape Carteret.
A standard that has been used in land use planning over the years for public ,
parks and recreation lands allocation has been a 10 percent set -aside of total
acreage of a community. Cape Carteret has considerably less than 1 percent of
2 '

its acreage devoted to public parks and recreation use, and all of it has been
leased rather than purchased. The 1987 Land Use Plan Update recognized the
need for publicly owned and sponsored parklands and programs. (Refer to pages
16, 65, and 89 in that planning document.)
Recreation Related Land Uses Outside the Town Limits
' Cape Carteret historically has been a major intersection community (NC 24 and
58), but it is now becoming a residential resort/retirement town, as it incre-
mentally adds new subdivisions to its eastern and southeastern frontiers. Ma-
jor physical boundaries to development include Pettiford Creek and marshlands
on the north and Bogue Sound on the south. To the west a humanmade barrier,
' NC 58 right-of-way varying in width from 200 to 800 feet, bounds the communi-
ty, but to the east generally lie openspace and forests where new residential
subdivisions are being developed.
' The Hunting Bay subdivision, lying contiguous to the eastern town limits, has
a parcel of land that is designated for recreational and sound access use.
The property is owned by the Hunting Bay Homeowners Association; it has been
partially cleared. Improvements will include boat ramps.
Recreation Related Land Uses Inside the Town Limits
' Public Recreation: Until December 31, 1989, there were two parcels of land
leased by the Town from the McLean Estate for public park and sound access use
with the stipulation that they would be made available only for use by town
residents. Both facilities are situated on Bogue Sound. The one in Old Cape
Carteret is located at the ends of and between Manatee and Dolphin Streets but
its lease has expired without being renewed on December 31, 1989. And the
other in Bayshore Park at the end of Bayshore Drive could be lost as a public
sound access park by the Town also, if the lease expires and is not renewed by
December 31, 1990.
With exceptions and until three years ago, the Town has not been overly con-
cerned about the loss of its leased parks with sound access and has not sought
to assure perpetuation of the lease arrangement. The Town was content to have
the sites provided by the McLean Estate.
When the one-year lease expired on the Manatee -Dolphin Street property, the
Town attempted unsuccessfully to negotiate a new lease agreement. The Parks
and Environment Commissioner reports that the Town made a lease offer. This
offer was the total amount earmarked in the Town's budget for recreation.
When the offer was refused, the Town Board indicated that it would increase
its offer, but requested a price. The price given by the McLean Estate for
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renting both the Manatee -Dolphin and Bayshore Park sites was a total of
$40,000 per year ($20,000 per site). The asking price for the Manatee -Dolphin
property was stated to be $1,000,000. Current assessed valuation of the Bay -
shore Park property is $117,000.
Private Recreation: The golf course is woven throughout the Star Hill resi-
dential community. Homesites, golf links and the curvilinear street system are
very compatible.
-- INSIDE THE TOWN LIMITS LAND USE ANALYSIS --
Single -Family
Multi -Family
Mobile Home
Commercial
Institutional
Public Recreation
Private Recreation
Public and Private Recreation
Acres Percent
233a 17% Occupied Parcels
2 1 Vacant Parcels
34 2 Total Parcels
15 1
32 3
2 1
150 11
513
530
1,043
Conventional Homes
390
Airstrip
10 1
Mobile Homes
98
Streets and Highways
194 14
Condominiums (4 units each)
2
Utilities
4 1
Commercial Buildings
13 ..
Vacant
724 52
Institutional Structures
5
Total 1,400a 100% Total Principal Structures 508
DEVELOPMENT TRENDS AND MAJOR PHYSICAL PROBLEMS
Parks and Recreation
The quantity of land set aside for publicly sponsored parks and recreation in
Cape Carteret is minuscule, but there are provisions in Town's subdivision
regulations to begin to address this need. Land donations or financial con-
tributions in lieu of land are required of developers. The Town's one remain-
ing recreation facility, a public sound access park in Bayshore Park, is
leased, but the future of this facility is in question as the expiration date
of December 31, 1990, draws near. U.S. Forest Service lands in the ETJ between
NC 58 and Taylor Notion Road have potential as town parks, but there has been
no formal effort to procure these.
4

Estuarine Shorelines
As Areas of Environmental Concern (AECs), estuarine shorelines, although
characterized as dry land, are considered a component of the estuarine system.
Estuarine shorelines are non -ocean shorelines especially vulnerable to ero-
sion, flooding, or other adverse effects of wind and water. The southern
shores of Old Cape Carteret, Bayshore, and Hunting Bay, and the northern por-
tions of the Star Hill community on the edge of Pettiford Creek and marsh, are
designated as estuarine shorelines.
' The extent of estuarine shorelines reaches from the mean high water level or
normal water level along the estuaries, sounds, bays, and brackish waters for
a distance of 75 feet landward.
Any development that occurs within estuarine shoreline areas influences the
quality of estuarine life and is subject to the damaging processes of shore-
front erosion and flooding.
I
Outstanding Resource Waters
In 1989, the waters of Bogue Sound next to Cape Carteret were given a special
designation because of their important environmental significance. The Out-
standing Resource Waters (ORW) designation was given here because of the spe-
cial vegetation (marsh grasses) and their great value for marine life produc-
tivity. These fragile waters are critical to the protection of fin and shell
fish, water fowl, and other wildlife, and to the economy of the area --both the
fishing and vacation/recreation industries.
Use of ORW areas is severely curtailed when it comes to commercial development
such as marinas, resorts, and other concentrated urban development that would
disturb or prove otherwise to be injurious to the environment. This means that
for Cape Carteret to use the waters off its shores, it must prove that the
public benefit outweighs the environmental value of the sound. Single-family
residential uses and parks and public access facilities may well prove to be
the only uses that have location potential on the sound next to Cape Carteret.
THE 1980 SHORELINE ACCESS STUDY
Needs and desires of the citizenry are expressed in the Cape Carteret Shore-
line Access Study, prepared in 1980 with CAMA funding from the State of North
Carolina. If standards specified in this study were applied for the year
2,000, 8.83 acres would be needed for public access to Bogue Sound. According
to that report, the town had 5.03 (leased) acres dedicated to access use in
1980. Currently, there are about two acres leased for access in Bayshore
Park.
5
I

LOOKING TO THE FUTURE
COMMENTS FROM THE 1987 LAND USE PLAN PERSPECTIVE
Parks and Recreation Issues Emphasized
Cape Carteret lies at the threshold of a major decision, namely whether to
maintain its residential character or to increase its commercial character.
At the heart of this decision lies the extraordinary amount of land that has
been zoned for business purposes. About 192 acres (13+ percent of the 1,500
acres lying within the town limits and ETJ) is zoned for business use. This
land, if developed commercially, would change the character of Cape Carteret
drastically.
Four areas are recommended for annexation to the Town of Cape Carteret when
development density requirements of North Carolina municipal planning enabling
legislation are reached: Hunting Bay, Fox Forest, Quail Woods, and the exist-
ing ETJ. And five other areas are suggested for inclusion within an extended
extraterritorial jurisdictional area. Action for inclusion of these areas is
critical, if the town is to maintain control of its destiny.
*** "Public recreation is another issue. Properties leased by
the Town from the private sector and used as public parks
with public access to Bogue Sound remain in jeopardy"
Modifying town codes to serve as implementing tools for the 1987 Land Use Plan
Update is a crucial factor in realizing the policies, goals, objectives, and
dreams set forth therein. Both zoning and subdivision regulations must be re-
vamped substantially, and better means to enforce the provisions of the build-
ing code must be defined.
Cape Carteret's future is literally at a crossroads (NC 24 and 58), and figu-
ratively so, in that what occurs in the next year or two will form the charac-
ter of the community --its attractiveness and livability --for many years to
come.
I
Z

PUBLIC PARTICIPATION
There have been many contact opportunities for the citizens of Cape Carteret
in planning for public sound access and parks and recreation. These have tak-
en on two forms, namely: (1) face-to-face interviews, conversations and public
presentations with open question and answer periods at advertised public meet-
ings; and (2) the successful use of a questionnaire.
' INTERVIEWS AND PUBLIC MEETINGS
1. Open Meetings. All of the twelve regular meetings of the Planning Commit-
tee have been announced before hand in the local newspaper and all have
been listed on the bulletin board at Town Hall.
2. Meetings with Civic and Service Organizations and Churches. During the
morning and early afternoon of Saturday, December 2, 1989, the planning
consultant and 4-6 members of the Planning Committee met with representa-
tives the American Association of Retired Persons; the Isaac Walton League;
the Bayshore Park, Hunting Bay, and Star Hill Homeowners Associations; the
Garden Club; and members of the Cape Carteret Baptist and Presbyterian
Churches.
' 3. Advertised and Publicized Public Meeting. During the late afternoon of
Saturday, January 6, 1990, a general public session of the Planning Commit-
tee was held to air the findings of its respective interviews with civic
' and service organizations and churches.
4. Questionnaire on Public Access and Parks and Recreation Planning. The
questionnaire was sent out on January 20, to be returned on February 1,
1990.
' 5. Advertised and Publicized Public Meeting. A public meeting was held on
Saturday, February 17, 1990, to inform the citizenry about the results of
the questionnaire, and they were asked for further comments. <.
' 6. Public Meeting. An announced public meeting was held on July 3, 1990 to
present the draft plan to the citizens of Cape Carteret.
THE QUESTIONNAIRE
' Probably the most comprehensive approach to determine the hopes and desires of
the residents and non-resident property owners of Cape Carteret was through
the use of a questionnaire. This instrument was developed by the Planning
' Committee and sent to some 900 people. The questionnaire with results tallied
on it and a listing of 106 written comments are given on the following pages.
7

THE TOWN OF CAPE CARTERET
A Questionnaire on Public Access and Parks and Recreation Planning
'
TALLY SHEET
'
THERE WERE 900 QUESTIONNAIRES SENT AND 161 RETURNED BY FEBRUARY 1, 1990. THIS
,
REPRESENTS AN 18% RETURN.
As of December 1989, Cape Carteret lost one of its public parks. The lease on
'
the remaining park in Bayshore will expire December 31, 1990.
'
WE NEED YOUR HELP!
'
Please take a few minutes to fill in this questionnaire and return it to Town
Hall by February 1, 1990. Your opinions will help ,us better represent citizen
thinking in these important areas of planning for Cape Carteret's future.
'
1. Are you a Permanent (120/78%) or Seasonal (34/22%) Resident of Cape
Carteret?
,
Total response to question #1: 154/95%
2. Do you live in the Bayshore (41/26%), Country Club Point (20/13%),
'
ETJ (1/1%), Fox Forest (1/1%), Hunting Bay (5/3%), Quail Woods (2/1%),
Old Cape Carteret (54/34%), Star Hill (34/21%), or other (2/1%) Community?
,
Total response to question #2: 160/99%
3. Are you or your spouse retired? Yes (110/70%) No (47/30%).
'
Total response to question #3: 157/98%
5. Do you work full-time (50/45%) or part-time (60/55%)? No (95/56%).
'
6. How many people live in your home (2.19*) = adults (307) and children (45)?
*
'
Average size of responding family units
7. How do you rate Cape Carteret's public sound access?
Excellent (7/5%) Good (25/17%) Average (35/23%) Poor (82/55%).
'
Total response to question #7: 149/93%
'
8. How do you rate Cape Carteret's parks and recreational facilities?
Excellent (5/5%) Good (20/14%) Average (41/28%) Poor (82/58%).
Total response to question #8: 148/92%
8

j
9. Now that Carteret County will be providing a community park on Old
Highway 58, should Cape Carteret also provide a community park?
Yes (63/42%) No (87/58%).
Total response to question #10: 150193%
10. What type of recreation should be encouraged or discouraged in Cape
Carteret? Please check your choices.
Sound Access Parks
Encourage (126/82%) Discourage (27/18%)
Definition: Facilities that provide public access to Bogue Sound.
Total response to part on Sound Access Parks: 153195%
Neighborhood Parks Encourage (75/50%) Discourage (76/50%)
Definition: Neighborhood facilities on half blocks or corner lots
for leisure -type recreation.
Total response to part on Neighborhood Parks: 151194%
School Park Encourage (107/74%) Discourage (37/26%)
Definition: Recreation facilities developed in association with
White Oak School.
Total response to part on School Parks: 144189%
11. Would you be willing to cooperate with the County in parks and recreation?
Yes (104/71%) No (42/29%)
Total response to question #11: 146191%
12. Would you be willing to pay higher taxes for improvements you support?
Yes (96/63%) No (57/37%)
Total response to question #12: 153/95%
13. Would you be willing to help look after neighborhood park facilities
near your home? Yes (71/49%) No (74/51%) Give your name if you wish:
Total response to question #13: 145190%
Note: If you have comments, please attach them to the questionnaire.
' Results of the questionnaire will be posted at Town Hall, and
a public meeting will be held at Town Hall at 1:00 pm on Saturday,
February 17, 1990, to discuss the results of'the questionnaire.
Please plan to attend!
' THANK YOU FOR YOUR GOOD CITIZENSHIP!

1
ANALYSIS OF THE QUESTIONNAIRE RESULTS
Following are comments on the results of the questionnaire on public sound ac-
cess and parks and recreation. Of the 900 questionnaires sent to residents
and non-resident property owners, 161 or 18 percent were returned.
Question fl : It was expected that the percentage of permanent residents re-
sponding to the questionnaire would be in the range of 70-80
percent of the total response. This percentage is comparable
to the estimated permanent residency.
Question #2: The numbers of people and response percentages followed the
estimated population size ranking of the respective communi-
ties.
Question #3: More than one in two of the respondents or their spouses
are retired, reflecting the high percentage of permanent re-
tirement residency.
Question #4: There was no Question #4.
Question #5: Unexpected results show that although there is a high amount of
retirement, many work full- or part-time.
Question af6: The average number of people per respondent household was 2.19,
lower than the average household size of 2.58 persons recorded
for North Carolina as a whole in the 1980 U.S. Census.
Question #7: As expected, many permanent and seasonal residents desire
better access to the sound. More than half (55 percent) said,
that existing facilities were poor.
Question #8: As expected, a high 86 percent of the respondents said that
parks and recreational facilities were average to poor.
Question #9: More than half of those responding said not to provide a
community park since the County was about to do so next to Cape
Carteret.
Question #10: An overwhelming number of people (82 percent) said that
public sound access parks should be encouraged.
The desire for neighborhood parks was evenly split, but there
were more written comments in support of these and to volunteer
to participate in maintaining these than for any other type
park.
Although 74 percent said that a school -community park should be
encouraged, there were almost no written comments made, one way
or the other.
E

7
0
Question #11: The ratio of support for County cooperation was more than 2:1
in favor, but there were nearly no written comments in support
of county park efforts next to Cape Carteret.
Question #12: A gratifying 63 percent said that they would be willing to pay
higher taxes to support public sound access and parks and rec-
reation improvements. In spite of this overwhelmingly positive
response, there were many written comments that were adamant
and negative.
Question #13: A high 49 percent of the people said that they would like to
help care for neighborhood parks. Written comments showed a
substantial number wanting to volunteer to do so.
SYNOPSIS OF WRITTEN COMMENTS RECEIVED WITH THE QUESTIONNAIRE
There were 106 written comment entries in the returned questionnaires. In the
main, comments were positive and supportive. Those that were not positive of-
ten ranged in content way beyond the subjects of public access to Bogue Sound
and parks and recreation for Cape Carteret. Upon reading the negative com-
ments, one will find that the fear of higher property taxes and encroachment
by "unwanted outsiders" are often on the minds of respondents. Ironically,
Cape Carteret's municipal taxes are low, and the permanent population is
made-up of almost all "outsiders." Because of the very attractive beaches of
the Atlantic Ocean in the general area, coastal vacationers and seasonal resi-
dents are mostly attracted to towns on Bogue Bank: Emerald Isle, Indian Beach,
Pine Knoll Shores, and Atlantic Beach, and to other beach communities along
the North and South Carolina coast. Visitors are attracted more to those
areas.
Nine pages of comments are on file for the public to view at the Cape Carteret
Town Hall. All are invited to study the comments.
All 106 comments have been listed. For the purposes of analysis, they are
broken down into the six categories, namely:
General Comments
Comments on Water Access
Comments about Neighborhood Parks
Comments on Paying Higher Taxes in Support of Public
Water Access and Parks and Recreation
Generally Unrelated Complaints

1
PUBLIC ACCESS AND PARKS AND RECREATION STANDARDS
Planning to meet adequately the recreation needs and desires of the people of
Cape Carteret is based on analysis of information from a number of sources. A
set of standards has been developed specifically for Cape Carteret. ,
The standards represent a suggested criteria framework within which the serv-
ices and facilities perceived to be needed by and desired by the citizens of ,
Cape Carteret. Standards form the developmental policy norms for planning
public sound access and parks and recreation facilities in the community and
its surrounding extraterritorial area. ,
FOUNDATION FOR STANDARDS I
The bases for standards and guidelines development
are the data and knowledge
gathered through the following: (1) the existing
conditions inventory and
'
analysis conducted during the process of preparing
the 1987 Land Use Plan Up-
date and in this access and parks and recreation
planning effort, (2) .the
stated goals and policies of the Town as listed in
the 1987 Plan, (3) the ex-
'
pressed needs and desires of the citizens of Cape
Carteret given in public
meetings conducted at Town Hall during 1986-87 and
1989-90, and (4) the re-
sults of the public questionnaires conducted in
February 1986 and January
'
1990. The standards also reflect the culture and short
history of the commu-
nity, its physical features, the general visual attributes of the sound set-
ting, and other findings, including:
'
Facts About and Characteristics of Cape Carteret
'
1. Development within the corporate limits of Cape Car-
teret is slow to moderate, while development outside
'
the town is occurring at a quicker pace. The Town
has followed recommendations of the 1987 Land Use
Plan Update concerning the adding of new extraterri-
torial areas and incorporating contiguous developed
areas. An annexation study in 1988 showed that Cape
Carteret could not annex because required development
has not occurred. The Fox Forest subdivision on the
Town's eastern limit is very close to meeting minimum
standards for annexation.
2. The projected population for 1990 is 1,472, but since
no new areas have been incorporated, this figure may
,
not be met.
12

3. Projections of the 1987 Land Use Plan Update show
that the town's population may grow to 2,000 by 1995
and 2,500 by 2000. These projections, however, may
not be realized. Although the Town has expanded its
ETJ to the east and north, Carteret County has zoned
surrounding land which effectively limits the Town's
'
ability to add further to its ETJ area.
4. Most residents, both within and outside the municipal
limits, are permanent and/or retired, as compared to
the seasonal, vacation orientation majority of those
who live in the beach communities of Emerald Isle,
'
Indian Beach, Pine Knoll Shores, and Atlantic Beach
on Bogue Bank.
'
5. It is estimated that the average age of the popula-
tion will be substantially well above the 1990 U.S.
Census expected national average of 32 years.
' 6. The Town owns no access to Bogue Sound or other pub-
lic parkland, and until recently it has thought lit-
tle about the prospects of acquiring properties be-
cause of the benevolence of the late W.B. McLean,
large land owner and developer in the community.
' 7. Until December 31, 1989 the Town leased two parcels
for $1.00 per year for public park use and boating
access to Bogue Sound. These were set aside and
leased to the town by a generous benefactor, the late
W.B. Mclean. The property taxes on the parcels were
' paid for Mr. McLean by the Town. Located at the end
of Bayshore Drive in the Bayshore Community, and at
the ends of, and between, Dolphin and Manatee
' Streets in Old Cape Carteret, these parks are popular
and have received extensive use over the years.
8. Although the Town has desired to continue with this
lease arrangement, on December 31, 1989, the lease to
the Old Cape Carteret site was not renewed. Negotia-
tions by the Town were unsuccessful as it was unable
to generate the $20,000 per year required by the
McLean Estate to lease the site.
13

9. Today, the Town has one leased park remaining. This
facility is situated at the end of Bayshore Drive.
The McLean Estate, however, has indicated that it
does not plan to renew this lease with the Town on
December 31, 1990, without a significant increase in
lease payments. This site was earlier requested to
be rezoned to accommodate a commercial marina at the
expiration of the lease. A proposal and public hear-
ing to amend the Land Use Plan to allow a marina did
not result in such a change.
10. The McLean Estate has made proposals for a zoning
permit to allow them to develop and operate a private
club facility with boat slips at the Old Cape
Carteret site.
11. The largest portion of land dedicated to recreational
use in Cape Carteret is the privately owned Star Hill
Golf Course which is open to the public. The fair-
ways of this course weave themselves through the
beautiful Star Hill residential development. The fa-
cility is also equipped with a swirming pool, tennis
courts and a club house, and a privately owned grass
landing strip is situated in the midst of the golf
course. The course and landing strip are an attrac-
tive openspace asset for Cape Carteret. A major in-
terest in all these facilities is owned by the McLean
Estate.
12. An elected Town Commissioner supervises parks opera-
tion, improvements, and maintenance. There is no
formal parks and recreation board in the administra-
tive structure of town government. An ad hoc adviso-
ry committee may be called to work with the Commis-
sioner for Recreation and Environment at his/her discretion.
13. There is limited recreational use potential for ex-
panded multi -purpose activities on the county -owned
White Oak Elementary School campus. Generally situ-
ated in the geographical center of the town, a draw-
back with this location is that it is bounded by two
major thoroughfares --McLean Boulevard (NC 24) and Taylor
Notion Road. These physical barriers to safe pedes-
trian access, and the walking distance from major
residential areas of Cape Carteret, limit the value
of this otherwise perfectly good recreation facility.
14
L
0
I I

1
0
14. A new community park is being designed by Carteret
County about one mile from the town limits to the
northwest of the intersection of NC 24 and NC 58. As
with the White Oak Elementary School campus, there
will be no safe pedestrian access to this facility
from Cape Carteret. Plans show, however, that ulti-
mately there will be many opportunities for a variety
of functions and activities for children and adults.
15. Although the people of the town are interested in
diversified recreation facilities and services, it is
quite obvious that in the main their prime interests
at this point lie in acquisition of town -owned parks
that will provide public access to the great natural
resource assets of Bogue Sound.
16. The people want the planners and decision -makers to
keep in mind the high average age of the population,
when it comes to deciding upon what types of parks
and recreation facilities are planned for and imple-
mented.
17. There is little money budgeted for leased park main-
tenance, although there is a general shift in think-
ing concerning the many advantages of having decent
public sound access and other parks. If parklands
were owned by the Town, more attention might be paid
to the importance of funding parks and recreation.
18. The Town established a Capital Reserve Fund for ac-
quisition of land, water access, construction of a
Town Hall, and emergencies, which could be used for
parks purposes. This fund was earmarked for the ad-
vance acquisition of land for a town government com-
plex, but now because of the results of the vote,
town funds may well be in closer reach for parks and
recreation desires of the residents of the community.
19. Many grant assistance and federal funding programs
for parks and recreation are no longer readily avail-
able, although there are some annual monies available
for public access facilities construction and mainte-
nance from the N.C. Division of Coastal Management.
Major shortfalls in revenue collection, and cutbacks
in state government programs, however, may place this
assistance source in jeopardy also.
15

Through the course of this planning endeavor, the people and elected officials
of Cape Carteret have shown their strongest interests in first and foremost,
the town procurement of, and the municipal operation and maintenance of, sound
access parks on Bogue Sound; and to a lesser degree, the acquisition and oper-
ation of neighborhood parks in both the Bayshore and Old Cape Carteret commu-
nities. These desires have been documented in the 1987 Land Use Plan Update,
in the 1987 and 1990 questionnaires, and at public meetings.
The loss of one leased park with access to Bogue Sound at the end of 1989, and
the prospects of loss of another on December 31, 1990, looms large in the
thinking of town leaders and private citizens. The thought of losing these
facilities is saddening. One citizen at a public meeting on parks and recrea-
tion planning said, "What purpose is there to living in a community at the
coast if it does not provide access to the water?" Losing public access to
Bogue Sound could affect the vitality of Cape Carteret.
Therefore, based on the needs and desires of the citizenry for continuing pub- '
lic sound access, other parks, and a beautiful community to live in, the fol-
lowing standards have been devised to guide public sound access, parks, and
beautification planning. '
1
1
on

l
STANDARDS FOR PUBLIC SOUND ACCESS AND OTHER PARRS
0
Sound Access Parks
Purpose: Sound access parks may consist of a combination of
both active and passive recreation and leisure offerings and
facilities, depending on site suitability and community need,
including (1) public small boat ramp, (2) limited recrea-
tion facilities including swimming beaches to serve primarily
permanent and seasonal residents of the.town, and (3) fishing
piers where they do not conflict with boat channel use.
Size: Up to four acres
Service area: Cape Carteret and its surrounding areas
Locations: At the ends of Dolphin and Manatee Streets, at
the end of Bayshore Drive and at other street -end locations
Typical facilities: Boat ramps, fishing piers, improved
beaches, boat basins protected from the open sound, picnic
shelters with picnic tables, playground equipment, shade
trees, fencing with gates, off-street parking, and lighting
Typical associations: Frontage on the sound, access from pub-
lic streets, a town park, neighborhood parks
Estimated purchase costs: $200,000-2509000 each
Typical maximum improvements costs: $50-100,000 each
Typical annual maintenance costs: $5,000-10,000
17
1

A School -Community Park
Purpose: A school -community park may consist of a combina-
tion of both active and passive recreation and leisure offer-
ings, depending on site suitability and need, including (1)
primarily intensive use facilities designed to serve as the
focus fpr a broad range of leisure programs offered jointly
by the Town and the Carteret County School Board, and (2) an
,
area of natural quality for outdoor recreation such as walk-
ing, nature study, sightseeing, and picnicking.
'
Size: 5 to 10 acres in addition to school -owned land
Service area: The entire community
'
Location: At the White Oak Elementary School
Typical facilities: Based on community desires and the needs '
of the citizenry of the town as assessed periodically, typi-
cally including:
1. lighted facilities for both organized and unorgan-
ized activities, including an athletic field, bas-
ketball courts, tennis and handball courts, horse-
shoe pits, and natural area,
'
2. an informal playfield, playground, and picnicking
facility,
3. specialty programs such as ceramics, arts and
crafts, music, special interest courses, senior ac-
tivities,
'
4. openspace, wooded area, nature trail and adjacent
water access, and
'
5. off-street parking.
'
Practical association: The White Oak Elementary School or
middle school
'
Additional land acquisition cost: $25-75,000
Typical maxim = shared improvements cost: $25-50,000+
,
Typical annual maintenance contribution (Toxin share): $2,000-3000
18
1

Neighborhood Parks
' Purposes Neighborhood parks may consist of passive recrea-
tion offerings depending on site suitability and neighbor-
hood need and desire, including a narrow range of leisure
activities and limited recreation facilities offered by
the Town and/or jointly by the neighborhood and other
' sponsors to serve a small, immediate residential area,
generally accessible on foot and wheelchair, primarily for
adults and young children.
' Size: Several lots or up to one-half block
Service area: Within a 5-minute walk for a population of
up to 300 people within a neighborhood, generally defined
by thoroughfares, streams and waterbodies that serve as
' barriers to pedestrian access
Locations: Centrally sited within residential neighbor-
hoods possibly on lands that because of there physical na-
ture and location may not be usable for residences
' Typical facilities: Based on neighborhood needs and de-
sires* as assessed periodically by immediate neighborhood
residents and the Town, but typically including:
1. lighted or unlighted facilities for free play ac-
tivities including playground equipment, horseshoe
' and quoit pits, bocci beds, shuffleboard, a gazebo
with checkers/chess boards and card tables, drink-
ing fountains and/or water taps, picnic benches,
fencing with gates,
2. shade trees, and
3. no or very limited off-street parking.
' Typical associations: Residential neighborhoods, a fire sta-
tion, church, public sound access, street end rights -of -way, I
and other public and quasi -public areas
' Typical purchase costs: $109000-35,000
' Typical maximum improvement costs: $25-50,000
Typical annual maintenance costs: $19000-29500
' 1 19

A Town Park '
Purpose: A town park may consist of a combination of both active and '
passive recreation and leisure offerings, depending on site suitability
and community need, including (1) primarily intensive use facilities de-
signed to serve as the focus for a broad range of leisure programs, and '
(2) areas of natural quality preferably with access to the sound for out-
door recreation such as walking, nature study, sightseeing, picnicking,
swimming, and organization activities
Size: 10 to 20 acres
Service Area: The entire community '
Location: Within the Town Limits, preferably adjacent to the sound,
with good, safe accessibility from residential concentrations
Typical facilities: Based on community desires and the needs of the citi-
zenry of the town as assessed periodically, typically including:
1. facilities that include those typically found in neighbor- '
hood, school -community, and sound access parks,
2. lighted facilities for both organized and unorganized activ-
ities, including an athletic field, swimming pool, a picnic
pavilion with barbecue equipment, roller skating and skate
boarding areas, basketball courts, tennis and handball
courts, horseshoe pits, etc.,
3. an informal playfield, playground, and picnicking, '
4. specialty programs such as ceramics, arts and crafts,
music, special interest courses, senior activities, '
5. natural area, openspace, wooded area, and nature trail, and
6. off-street parking. '
Practical associations: the town hall, school, Bogue Sound and '
other natural areas
Maximum acquisition cost: $100,000-250,000 '
Typical maximum improvements cost: $50-75,000+ /
Typical annual maintenance: $109000-15,000
20 '

LAND USE POLICY STATEMENTS RELATED TO
IPUBLIC SOUND ACCESS, PARRS AND RECREATION, AND TOWN BEAUTIFICATION
' The Town Board of Commissioners adopted three major policy statements in
1987--Resource Protection, Resource Production and Management, and Economic
and Community Development. These are detailed in the 1987 Plan Update (pp.
' 54-66). The three are directly applicable to public sound access and parks
and recreation and to town beautification in the 1990's.
' The comprehensiveness and detail of the Town Board policies in 1987 are more
than adequate for the establishment of a horizon concept, goal statements, and
supporting objectives for the 1990 Public Sound Access, Parks and Recreation,
' and Beautification Plan for Cape Carteret. However, the concept, goals, and
objectives are based on considerably more than the 1987 policy statements.
The other sources include The 1980 Land Use Plan; A Survey --Questions Con-
cerning Cape Carteret, March 4, 1986; analysis of facts on and characteristics
of Cape Carteret, December 1989; meetings with civic, service, and religious
groups on December 2, 1989; A Questionnaire on Public Access and Parks and Re-
creation Planning:, February 1, 1990; comments of the citizenry at an adver-
tised public meeting on February 17, 1990; and deliberations of the Mayor's
Select Committee on Public Sound Access and Parks and Recreation Planning in
' seven meetings between November 1989 and May 1990.
The applicable policy statements from the 1987 Plan Update are paraphrased in
' the following sections.
'
RESOURCE
PROTECTION
POLICY
The Town
Board of
Commissioners stated that it will support and enforce,
' through its local CAMA Officer, all policies and regulations in Areas of Envi-
ronmental Concern (AECs). In accordance with appurtenant state policies set
forth in Subchapter 7H of CAMA regulations, the Board adopted the following
local policies regarding AECs, and other sensitive areas and resources, to be
applied within its corporate limits.
' Estuarine System
The estuarine system including Bogue Sound, Pettiford Creek/Marsh and Rocky
Run Creek consists of brackish waters valuable to marine life regeneration and
production. The system is an irreplaceable economic and biological resource.
It is the Town Board's policy to promote the conservation and management of
' coastal wetlands, estuarine waters, public trust areas, and shorelines, giving
high priority to safeguarding and perpetuating their biological, social, eco-
nomic, and esthetic values.
' 21
11

The Board said that it will evaluate permitted uses to determine their depend-
ence on water for development. Examples of such uses included docks, boat
ramps, bulkheads, and drainage ditches, provided that they meet the standards '
of the town code and the development and licensing stipulations of the Coastal
Area Management Act. Uses which depend on water access for development, such
as residences, commercial establishments, and roads, are allowed in AECs if t
standards are met and regulations are followed.
Coastal Wetlands. Land uses in coastal wetlands are restricted to those which '
will not significantly affect the delicate balance of this natural resource.
It is the Town Board's policy to give highest priority to activities that will
guarantee wetlands conservation. The following table shows uses which normal- '
ly are allowed or prohibited in wetlands by CAMA.
Coastal an s e 1 d ' W t
Permitted Uses Prohibited Uses
Docks Boat Ramps Piers Residences/Mobile Homes
Utility Easements Apartments/Condominiums '
Culverts Commercial Establishments
Estuarine Waters. Estuarine waters are of prime importance to the fishing in- '
dustry as well as to recreation. Activities are restricted to those which
will not significantly affect the natural function or condition of the estua-
rine waters.
It is the policy of the Town Board to support projects which increase the pro- '
ductivity of this area. Such projects may include oyster reseeding and dredg-
ing operations for increasing the flushing action of tidal movements.
Permitted uses include piers, docks, and navigation channels.
Public Trust Areas. Where the public has established rights to land and wa-
ter, it is the policy of the Town Board to protect them through conservation
and management. Activities which interfere with the public right in a public '
trust area are not permitted.
22

' Estuarine Shoreline. The estuarine shoreline is defined as the area 75 feet
landward of the estuarine waters. The association of this land and the estua-
rine waters are of profound importance. The Town Board recognized this impor-
tance,, and it is its policy to support restrictions in this area to ensure
that no damage will occur within the shoreline area,or the adjacent estuarine
waters.
' Residential, commercial, and recreational development is permitted provided
that:
' - Natural barriers to erosion will not be weakened or eliminated.
'
- Development
will
not interfere with the present public access.
Note: Access may change if property changes hands and
'
if
it is
rezoned at the request of the owner.
- Development
will
not interfere with natural drainage.
- Development
will
not create pollution.
' - Standards of North Carolina Sedimentation Pollution Act of 1973 will be
upheld.
' Marinas and Floating Homes
There are no commercial marinas or floating homes in Cape Carteret. It is the
' policy of the Town Board of Commissioners to exclude them from within the
town's corporate limits and its extraterritorial jurisdictional area (ETJ).
IRESOURCE PRODUCTION AND MANAGEMENT POLICY
' The natural resources of Cape Carteret are a vital part of its economy. Pro-
tection of these resources is a primary concern. The following policy state-
ments deal with the production and management of these resources.
' Public Sound Access
' It is the policy of the Town Board to protect and ensure optimum access to,
and recreational opportunities at beach and launching areas, consistent with
public rights, protected rights of private property owners, and the need to
protect natural resources from overuse.
1 23

11
j
Appearance and Cleanliness
It is the policy of Cape Carteret to improve and enhance its visual quality
and attractiveness, both of which are directly related to livability and eco-
nomic viability by:
- Celebrating "Cape Carteret Spruce -Up Week" in the spring of
every year.
- Strengthening and enforcing town ordinances relating to va-
cant and occupied residential and commercial property clean-
up, with provisions for the Town to do the job at the own-
er's expense if not carried out after proper notification.
- Requiring developers and construction companies to clean up
during building activities and after jobs are completed by
withholding inspection and occupancy permits until cleaning
has been completed satisfactorily.
- Continuing to pick-up garbage two times per week.
- Establishing a continuous cleanliness campaign with post-
ers, signs, and additional trash (pitch in) receptacles in
municipally controlled areas.
- Creating a Community Appearance Board, as a part of the
Town Parks, Recreation and Beautification Board, with the
charge to conduct clean-up campaigns, to receive recommen-
dations from Town boards and citizens, and to institute
community activities, relating to beautification, environ-
mental protection and preservation, advocacy for quality
development, lot clearing, and environmental education.
- Enforcing the ban on billboards within the Town's jurisdic-
tional area and using the town's authority to remove exist-
ing billboards through amortization proceedings where ap-
plicable.
' - Controlling erosion of silt, sand, and soil from cleared
lots through administration of an erosion control ordi-
nance.
25

Culture and Recreation
There is a direct relationship between the availability of cultural, recrea-
tional and other leisure outlets and activities and the local economy and
growth. The Town Board's policy is to maintain an environment where cultural
and recreational activities can flourish for the benefit of permanent resi-
dents, the seasonal population, and vacationing visitors by:
- Establishing a school -community park relationship with
White Oak School, exploring further ways to acquire joint
recreation access to the facilities through the Carteret
County Board of Education.
- Encouraging young people's recreation programs at White Oak
School.
Tourism and Waterfront Access
The Cape Carteret Town Board's policy is to work with commercial interests to
provide business, retail, banking and service facilities for tourists and va-
cationers. It is the policy of the Town Board to provide water access for
Cape Carteret residents and property owners at the end of Bayshore Drive.
LAND CLASSIFICATION
Land Classification is .a representation of the policy statements formulated
and adopted by the Cape Carteret Town Board of Commissioners and endorsed by
the people of Cape Carteret through citizen participation in planning work-
shops.
Parkland is located in the Conservation Classification which corresponds to
the Town policy of prohibiting development in hazard areas which are subject
to flooding, severe erosion, inadequate bearing capacity or septic tank un-
suitability. Conservation areas are found along estuarine shorelines (Bogue
Sound) and marshlands (Pettiford Creek).
26

LAND CLASSES
The land classification system includes five broad categories which can be
subdivided into more specific land use designations. The five general land
classifications are Developed, Transition, Community, Rural, and Conservation.
Three of these classifications are applicable to Cape Carteret; they are Tran-
sition, Community, and Conservation. Public sound access and parks and recre-
ation are specifically assigned to the Conservation Classification.
Conservation
The purpose of the Conservation Class of Cape Carteret is to provide for ef-
fective long-term management of significant limited or irreplaceable areas.
This management is needed to protect the natural, cultural, recreational, pro-
ductive and scenic values of the planning area.
The Conservation Class has been applied to lands that contain major wetlands
--essentially undeveloped shorelines that are unique, fragile, or hazardous
for development or necessary wildlife habitat, or areas that have a high prob-
ability for providing necessary habitat conditions. Specifically, this class
is applied to the Bogue Sound shore and its associated inlets, the Pettiford
Creek and salt marsh areas, and those lands held by the U.S. Forest Service.
The Conservation Class has been applied also to areas currently designated for
public parks and recreation at the ends of and between Dolphin and Manatee
Streets in Old Cape Carteret and at the end of Bayshore Drive in Bayshore
Park, or to acreages potentially available for parks and recreation use such
as the U.S. Forest lands situated in the current ETJ.
CAPE CARTERET LAND CLASSIFICATION PLAN
The projected population for Cape Carteret in 1990 and 2000 was the primary
input used in the preparation of the Land Classification Map. The Conserva-
tion category, however, is the only class which is not related to population,
but is allocated based on completely independent criteria.
CHANGES IN CLASSIFICATION AS DESIGNATED IN THE 1981 LAND USE PLAN UPDATE
A number of major changes, primarily ii
to the Town Land Classification Map.
Transition and Conservation. The 1987
tion/Residential, Transition/Mixed-Use,
the form of additions, have been made
The 1981 map had two classifications:
map has four classifications: Transi-
Community, and Conservation.
27

Change #6 (Conservation Lands)
In addition to the two sound access parks in Old Cape Carteret and Bayshore
Park that were still leased by the Town in 1987, an additional park area, not
within the town limits but now in the recently expanded ETJ, was classified as
Conservation. This is the parcel set aside in the Hunting Bay subdivision for
recreation purposes and for access to Bogue Sound from Hunting Bay Drive. The
undeveloped site is owned and maintained by the Hunting Bay Homeowners Associ-
ation.
Two areas owned by the U.S. Forest Service in the existing ETJ were also clas-
sified as Conservation in 1987.
28

LEGAL STUDIES ON OWNERSHIP, PUBLIC USE RIGHTS9 AND ACQUISITION
' There are questions about the ability of Town of Cape Carteret to provide pub-
lic access to the Bogue Sound. These arise from the way the town was laid
out, how it developed over the years, and how the lands shown as streets were
provided for public use.
' There are three major legal problems needing attention, if the Town is to be
able to provide public recreational access to the Bogue Sound. These pertain
to the following:
' 1. Ownership of the street end rights -of -way that ap-,
pear to run to the sound;
' 2. The nature of the stated conditions attached to the
deeds of conveyance --restrictions and status --as
they relate to street rights -of -way ends that ap-
pear to run into the sound; and
' 3. The implications of the Public Trust Doctrine and
public sound access.
' The following three sections are based on conversations with, a presentation
to the Mayor's Select Committee on Public Sound Access and Parks and Recrea-
tion Planning, and major statements prepared by Town Attorney, Kenneth M.
' Kirkman, Esq., of Kirkman, Whitford, Kirkman, & Jenkins, P.A., Attorneys at
Law of Morehead City. His statements are titled Property Acquisition and Pub-
lic Trust Doctrine; they are included in the Appendices. It is recommended
that these statements be studied to gain understanding of the issues Cape Car-
teret faces at this juncture, as it plans for public sound access and parks
and recreation.
OWNERSHIP ISSUES
It has been said that the Town of Cape Carteret does not hold clear ownership
of its streets in residential portions of the community. Although the Town
' assumes the responsibility of maintaining these streets and receives "Powell
Bill Fund" distributions from the State of North Carolina to assist in financ-
ing their upkeep, there apparently are no records to show that the Town has
received dedication of these streets.
This situation has implications for providing continuing public access to the
sound. Until recently the Town leased two parks with access to the Bogue
Sound. One lease for land at the ends of, and between, Manatee and Dolphin
Streets in Old Cape Carteret, was not renewed by the McLean Estate on the due
' 29

date of December 31, 1989. The executrix of the estate has indicated that the
current lease for the sound access park on land near the Old Ferry Slip, situ-
,
ated at the end of Bayshore Drive in the Bayshore Community, may not be re-
newed when it expires on December 319 1990. If this occurs, the Town will
find itself with no improved public access to the sound, and without any town
parks, unless it purchases said lands or moves to purchase or lease other
property for this purpose. The reported asking price for the Old Cape Carter-
et site was one million dollars. The Town determined that this amount was be-
'
yond its means. The assessed valuation is $117,000. No selling price has
been given for the Bayshore Park site.
It behooves the Town to procure both of these sites because the are estab-
lished town parks and sound access points. The parks are well known and used
heavily by residents. Some public investments have already been made in them.
'
On the one hand, the Town leased the properties for a fee of $1.00 per year
and paid the taxes on the land for the lessors, and on the other, it made mod-
est improvements and maintained them over the years. Improvements have in-
'
cluded picnic tables, playground equipment, fencing, boat ramps, lightingg
signs, and seeding and planting. Taxes paid on these parcels for the lessors
over the years amounts to about $1,000 per year, and it is estimated that the
,
monetary amount invested in the parks by the Town for improvements and mainte-
nance amounts to $1,000 per year.
,
Since the Town considers the lease rice ($20 000) and asking rice for the
P � g P
Old Cape Carteret park/sound access site to be excessive, it should take other
steps to acquire it and also move to procure the site in the Bayshore Communi-
,
ty as well, which is still leased from the McLean Estate.
'
DEEDS OF CONVEYANCE FOR STREET ENDS
The Town assumes that six street ends in Old Cape Carteret (Bonita, Manatee,
'
and Dolphin Streets, Anita Forte Drive, Sound View Court, and Holly Lane), and
four street ends in the Bayshore Community (Bogue Sound and Bayshore Drives,
Lejeune Road, and Easy Street) are situated on rights -of -way that it considers
'
to be in the public domain and, therefore, have potential for being used as
access points to the sound.
'
It appears, however, that this assumption of the Town will have to be proven.
In effect, the Town's ownership of these street ends is not unrestricted. The
deeds of conveyance bear certain stipulations that state that the streets will
'
revert to the previous owner upon violation.
It is the opinion of the Town Attorney that the Town has adequate authority
,
under North Carolina General Statutes Chapters 160A and 40A "...to condemn the
interest in the property not now held by the Town, and thus, in effect, remove
30

the restrictions." And "...G.S. 40A-3(b)(3) clearly gives to the Town the
ability to utilize eminent domain to establish, enlarge or improve parks,
playgrounds and other recreational facilities." It is also clear that if the
power of eminent domain is utilized that the Town can attain unrestricted use
of the properties if proper procedures are followed.
Timing -wise, a notice may be given to the property owners, and after thirty
' days, the filing of a complaint may be made by the Town under the eminent do-
main statutes along with the posting of the amount of money that the Town be-
lieves to be appropriate to pay the owners as fair market value compensation
' for the property. "The Town is then entitled to possession and use of the
property, and does not need to wait for the legal procedures to be completed,
and final compensation to be determined." This allows the Town to "...procure
1 unrestricted use of the property to be condemned for park areas within a very
short time (probably 45 days) following the passing of a resolution to pro-
ceed."
' It appears, therefore, that the Town is in a good position to attain the unre-
stricted use of lands of value for the purposes of providing public access to
the Bogue Sound. The best alternative to this approach, of course, is, "...to
negotiate an acquisition of the fee [title]. with the property owner prior to
commencing any proceeding, to avoid legal costs," in an attempt to create and
' maintain harmonious relations between the Town and the developer.
The text of the Town Attorney's comments titled Property Acquisition is given
' in the Appendices.
' PUBLIC SOUND ACCESS AND THE PUBLIC TRUST DOCTRINE
The 1987 Land Plan Update described public trust areas as follows:
' 1. All the waters of the Atlantic Ocean and the lands
thereunder from the mean high water mark to the
' seaward limit of state jurisdiction;
2. All natural bodies of water subject to measurable
' lunar tides and lands thereunder to the mean high
water mark;
J
3. All navigable natural bodies of water and land
thereunder to the mean high water level or mean wa-
ter level as the case may be, except privately -
owned lakes to which the public has no right of ac-
cess;
31

4. All water in artificially created bodies of water
containing significant public fishing resources or '
other public resources which are accessible to the
public by navigation from bodies of water in which '
the public has rights of navigation; and
5. All waters in artificially created bodies of water
in which the public has acquired rights by pre-
,
scription, custom, usage, dedication, or any other
means. In determining whether the public has ac-
quired rights in artificially created bodies of wa-
ter, the following factors shall be considered:
a. the use of the body of water by the
,
public,
b. the length of time the public has
'
used the area,
c. the value of public resources
'
in the body of water,
d. whether the public resources in the
'
body of water are mobile to the extent
that they can move into natural bodies
of water,
,
e. whether the creation of the artifi-
cial body of water required permission
'
from the state, and
f. the value of the body of water to '
the public for navigation from one pub-
lic area to another public area. ,
Public Trust Areas within Cape Carteret are Bogue Sound to the south and Pet- '
tiford Creek to the north. The significance of the trust areas is that the
public has rights to them, including navigation and recreation. In addition,
these public areas support valuable commercial and sports fisheries, have '
esthetic value, and are important resources for economic development.
Any development that occurs within estuarine shoreline areas influences the ,
quality of estuarine life and is subject to the damaging processes of shore-
front erosion and flooding.
32

F
The Public Trust Doctrine, as it is referred to in the Public Sound Access and
Parks and Recreation, and Town Beautification Plan, pertains to estuarine
shorelines, waterways, and lands under water or flooded by tidal or navigable
waters to which the public may have rights of access or public trust rights,
and which the State has or may be authorized to preserve, conserve, or pro-
tect. The statements provided by the Town Attorney in the Appendices should
be studied carefully to gain a basic understanding of the subject.
"...Public trust waters are generally available to all of the publics and
there is not a clear body of law to determine which members of the public are
entitled from time to time to utilize these rights, and for what purposes. It
is clear that, without specific permission from the State or another author-
ized agency, one person or group of people is not authorized to preclude the
use of public trust waters from others interested in utilizing such
resource... recreation is now generally considered a recognized public trust
right."
There are questions about the boundaries of public.and private land at street
ends on the sound in Cape Carteret. These actual boundaries of private owner-
ship and public trust limitations on street ends need to be determined. The
Town Attorney suggests the following course of action to gather data to rea-
sonably discern the actual scope of private versus public ownership and public
trust rights:
1. Have the areas at the street ends surveyed to lo-
cate the extent of the streets as shown on the
original plats;
2. Determine whether there has been any fill material
placed on the street ends since the date of plat
recordation; and
3. Locate the current mean high water line of the
sound.
The text of the Town Attorney's statement titled Public Trust Doctrine is giv-
en in the Appendices.
Estuarine shorelines, although characterized as dry land, are considered a
component of the estuarine system because of the close association with the
adjacent estuarine waters. Estuarine shorelines are those non -ocean shore-
lines which are especially vulnerable to erosion, flooding, or other adverse
effects of wind and water and are intimately connected to the estuary. The
southern shores of Old Cape Carteret, Bayshore, and Hunting Bay, and the
northern portions of the Star Hill community that lie on the edge of Pettiford
Creek and marsh, are designated as estuarine shorelines.
33

The extent of the estuarine shoreline area extends from the -mean high water
level or normal water level along the estuaries, sounds, .bays, and brackish
waters as adopted by the N.C. Coastal Resources Commission,of the N.C. Depart-
ment of Human, Natural Resources and Community Development, for a distance of
75 feet landward.
Any development that occurs within estuarine shoreline areas influences the
quality of estuarine life and is subject to the damaging processes of shore-
front erosion and flooding. Estuarine shorelines, as the ocean in this section
of coastal North Carolina, are inclined to move landward naturally.
34

1
POLICY IMPLEMENTATION
The Land Use Plan: 1987 Update listed 13 goal statements and supporting objec-
tives in support of policy implementation. Two of these are directly applica-
ble to the 1990 Public Sound Access, Parks and Recreation, and Beautification
Plana These are the 1987 Parks and Recreation Goal Statement and its four
' supporting objectives which can be found on page 89 of the 1987 Plan Update
and the Town Image Goal Statement with its four objectives given on pages 80
and 81. These 1987 goal statements with their supporting objectives are list-
ed below with comments on their successes and progress made since 1987.
Following the 1987 goal statements commentary is the 1990 Horizon Concept for
Public Sound Access, Parks and Recreation, and Community Beautification with
five Goal Statements on (1) Quality of Life; (2) Visual, Environmental, and
Design Harmony; (3) Citizen Participation; (4) Operational Efficiency; and (5)
I
Town Beautification.
' %III. PARRS AND RECREATION GOAL STATEMENT (1987 Land Use Plan Update)
To provide public parks and recreation facilities and
' services for the citizens, property owners, and visitors
to the community within the financial means of the Town.
' Comment. The Town adopted the above Parks and Recreation Goal Statement with
the intention of carrying it out over a 5-year period and beyond. All four
supporting objectives, however, have yet to be met during the four years that
' have elapsed since 1987. Nevertheless, progress has been made during the im-
plementation period thus far. The mitigating circumstances of changing times
for Cape Carteret, however, have shown need to make adjustments to the 1987
I
parks and recreation goal statement and its supporting objectives.
The Town has provided parks and limited passive recreation facilities with
' public access to Bogue Sound for its citizenry over the years, but it has made
little or no progress in improving and increasing the number of its facilities
as the population of the community has grown. In fact, the Town has slipped
in even sustaining the number of its very limited facilities. At the end of
1989, the Town's lease expired on the sound access park at the end of Dolphin
and Manatee Streets in Old Cape Carteret.
The Town has amended its subdivision regulations to require developers to ded-
icate a portion of land in their subdivisions to the Town for public parks or
to make payment in support of acquisition of parkland in lieu of land contri-
bution. This is a very important, positive step in helping to assure that pub-
lic sound access parks and recreation land needs of the future will be met.
' 35

Supporting Objectives
A. After severe storms, identify parcels of land that would be un-
suitable for building (unable to meet CAMA, County, and local
standards) due to newly identified constraints and potential
flooding, and consider their appropriateness for public access
to the sound and estuarine waters or use for other recreational
purposes.
Cos ent. Since there have been no storms since 1987 that have left proper-
ty with constraints and potential flooding problems or unsuitable for de-
velopment, no new opportunities for public access to the sound and estua-
rine.waters due to severe storms have presented themselves.
B. Begin proceedings to acquire leased parklands.
Comment. Although the Town Board of Commissioners expressed a very strong
desire to continue to lease the two town parks, on December 31, 1989, the
lease expired for the park at the ends of Manatee and Dolphin Streets in
Old Cape Carteret and was terminated by the owners. And the lease at the
old ferry slip park at the end of Bayshore Drive in Bayshore is due to ex-
pire on December 31, 1990. To date, exploration into Town acquisition of
the Manatee/Dolphin park has shown that the price being asked by the McLean
Estate is beyond the means of the Town at this point. No formal proceed-
ings have continued beyond exploration to acquire either of the parks.
C. Establish a system for parkland dedication in new subdivisions.
Comment. The Town has incorporated into its Subdivision Regulations provi-
sions for the dedication of land for parks in all new subdivisions or,
where appropriate, to require payment to the Town in lieu of dedication.
D. Begin dialogues and negotiations with local school officials to
increase joint school -community park use opportunities for the
community.
Comment. Although a number of "non -school" recreation programs are in op-
eration at the White Oak School, no new formal negotiations have been es-
tablished between the Town and the Carteret County School Board to increase
joint school -community park use opportunities.
36

II. TOWN IMAGE GOAL STATEMM (1987 Land Use Plan Update)
To improve the appearance and image of Cape Carteret.
Supporting Objectives
A. Establish, by ordinance, an Appearance Board, as a
part of the Town Parks, Recreation and Beautifica-
tion Board to work toward the improvement of the
Town's physical beauty and image.
Strategies
1. Hold a town meeting to present the intent of
the Town and to solicit ideas and support.
2. Ask for volunteers to serve on the.Appearance
Board.
3. Appoint an Appearance Board with staggered
terms.
4. With the help of citizens, set goals and objec-
tives for enhancing the quality of development
and compatibility in commercial and residential
areas, especially along McLean Boulevard (NC
24), Taylor -Notion Road, and NC 58.
5. Prepare a plan for improving commercial sec-
tions first and then residential neighborhoods.
6. Work with merchants, neighborhoods, White Oak
School, and churches to promote the quality of
' town appearance and development.
7. Seek assistance from civic organizations, Car-
teret County, and DOT to improve the appearance
of the entrances to Cape Carteret.
'. Comment. With the leadership of the Cape Carteret Garden Club a number of ac-
tivities have taken place during the past four years. Most prominent among
these has been the landscaping of the area in front of town hall.
' B. Begin a concerted effort to remove billboards with-
in the Town's jurisdictional area.
37

Strategies
,
1. At the proper time, notify property and sign
owners that nonconforming signs will have to be
removed in accordance with the provisions of
'
the Town zoning ordinance.
2. Set a deadline for removal.
,
Comment. There has been no formal activity in this area.
"Clean
'
C. Conduct a spring Up Cape Carteret" litter
clean-up/paint-up/fix-up/landscaping campaign annually
'
Strategies
1. Establish a planning committee to oversee the
'
organization of the effort.
2. Institute a Mayor's Proclamation for the week.
'
3. Provide a town challenge stipend, to be matched
by the private sector, for use in promoting the '
week and daily activities related to it includ-
ing the awarding of prizes.
4. Associate the week with an Annual Town Hall '
meeting, festival, volunteer fire department
fund-raising, and fish fry/barbecue.
Comment. The only organized activity in this area has been conducted by the
Cape Carteret Garden Club and the Clean County Committee.
D. Increase the sensitivity of visitors and residents
about community cleanliness. '
Strategies
1. Encourage businesses to display signs and ,
pitch -in containers to support a community cam- ,
paign against litter.
2. Increase policing of problem litter areas by
using community service assignees. ,
Comment. Activities in this area have been very limited.
38
'

7
H
GOAL STATEMENTS AND SUPPORTING OBJECTIVES
Based upon analyses of data from various sources, citizen participation in the
planning process, and the adopted policies of the Town Board of Commissioners,
the following horizon concept, goals, objectives and strategies have been for-
mulated for the Town of Cape Carteret. Data were derived from the following:
1. Analyses of population, housing, economy, land use,
and various identified physical and natural constraints,
2. Expressed needs and desires of the citizenry, as
reported in the 1986 survey, the 1990 questionnaire,
at the public meeting, and at open Parks and Recreation
Committee meetings, and
3. Stated policies of the Town Commissioners.
' The Horizon Concept with Goals Statements and Supporting Objectives is an ex-
pression of how the Town intends to implement its Public Sound Access, Parks
and Recreation, and Town Beautification Policies. It should be recognized that
' all goals cannot be met immediately, but priorities can be assigned so that
sequential progress can be made.
The following horizon concept, goal statements and supporting objectives
emerge from the findings and analyses presented in earlier portions of this
Public Sound Access and Parks and Recreation Plan and from the findings,
standards, goals, objectives, and classification of land in the Land Use Plan:
1987 Update. These goal statements are meant to apply the standards set forth
earlier in this plan and.to serve as bases for programming and budgeting pub-
lic access and parks improvements for the future.
THE PUBLIC SOUND ACCESS, PARRS AND RECREATION, AND BEAUTIFICATION
HORIZON CONCEPT
It is the principle, plan, and set course of action of the Town of Cape Car-
teret, within its financial means, to: (1) provide public sound access and
parks facilities and recreation services for the citizens, property owners,
and visitors to the community; and (2) maintain, enhance, and improve upon the
beauty of the town.
39

The Quality of Life Goal Statement
The Town of Cape Carteret will contribute to the improvement of the richness '
of life for all the people of the town by directing the improvement of public
access to the sound and its park and recreation offerings and to the enhance- '
ment of the overall beauty of the community.
Supporting Objectives ,
A. To offer and provide structured and non -structured
recreation opportunities to meet active and passive '
recreation needs and desires of the people;
B. To acquire and maintain permanent public access to
'
Bogue Sound in both the Old Cape Carteret and Bay -
shore neighborhoods, to design and develop them,
and to manage their use;
C. To provide high quality, well equipped and main-
tained, and accessible neighborhood parks, and to
design and develop them and to manage their use;
D. To assure accessibility and equitable distribution
,
of park and leisure opportunities and resources for
all people of Cape Carteret, regardless of socio-
economic position, age, sex, race, creed, and phys-
ical or mental capacity, to the best of the Town's
ability; and
,
E. To assure that public sound access areas and other
parks set a high beautification standard for the
entire community.
'
The Visual, Environmental, and Design Harmony Goal Statement '
The Town of Cape Carteret will supply leadership in the public interest for
the creation and maintenance of a vital retirement/vacation recreational envi-
ronment, seeking a harmonious level of compatibility and balance between human
recreation needs and desires and the visual beauty, natural systems, and resi-
dential personality of the town. '
Supporting Objectives
A. To identify, acquire, and manage, unique natural
and cultural areas.and sites in Cape Carteret, par- '
40

ticularly within the physical context of major nat-
ural barriers to access such as streams, channels,
inlets, marshes, significant stands of trees, and
vistas, and of humanmade major physical barriers to
' access such as major thoroughfares and residential
streets;
' B. To work for the identification and preservation of
openspace important to the quality of life, natural
environment and beauty of the town;
' C. To acquire, manage, and maintain public sound ac-
cess facilities and other parks, taking into con-
sideration both the needs and desires of users, ex-
isting and proposed town, county and school infra-
structure, and the preservation of the natural and
' humanmade environment and beauty of the town; and
D. To practice good land, water, wildlife, fisheries
' and vegetation stewardship in the management of all
town properties to assure the best possible parka
experience for its citizens by giving special at-
tention to safety and cleanliness, visual quality
and beauty$ physical environment management, and to
set good examples and high standards of upkeep for
' non -park areas of the community, both public and
private.
' The Citizen Participation Goal Statement
' The Town of Cape Carteret will uphold the public trust in its sound access fa-
cilities and other parks and in the beauty of the community by creating a per-
petual citizen participation program to keep elected officials and the town
' administration continually aware of the recreation and leisure needs and de-
sires of permanent and seasonal residents and to set standards to maintain and
improve the visual qualityv beauty, and ambiance of the town.
' Supporting Objectives
' A. To appoint and finance a Town Parks and Beautifica-
tion Board whose responsibilities will be to estab-
lish and oversee the planning, development, manage-
ment, and maintenance of not only public sound ac-
cess and other parks but all applicable properties
owned or leased by the Town;
' 41

B.
To hold meetings on a regular basis;
,
C.
To invite the public to all meetings as may be,
practicable, to conduct announced public meetings
'
on special issues on a periodic basis, and to in-
stitute other formal processes to solicit citizen
input and comments to provide informed direction
,
and to establish confidence in the activities of
the Board;
D.
To implement this Public Access, Parks and Recrea-
tion, and Beautification Plan;
'
E.
To insure that the parks and.recreation programs of
the Town are adaptable to changing needs and ex-
pressed desires of the citizenry by updating the
'
Plan on a regular basis;
F.
To promote volunteer programs for neighborhood and
'
sound access park upkeep;
G.
To establish a "Park Watch" program to curtail van-
'
dalism, to protect users, and to maintain order;
H.
To foster the creation of a "Friends of the Town
'
Parks" program or non-profit organization to assist
in financing, acquisition, renovation, and advocacy
of public sound access, and other parks; and
'
I. To establish a strong sentiment and pride among the
business sector and residents of the town by formu-
lating a community -wide beautification plan, estab-
lishing project priorities, and programming and
funding their implementation. ,
The Public Sound Access and Parks Operational Efficiency Goal Statement ,
The Town of Cape Carteret will cultivate resource conservation (human, natu-
ral, and financial) and efficiency in planning, acquisition, design, mainte-
nance and improvements for public sound access areas and other parks.
42

Supporting Objectives
A. To encourage the Town to accept land contributions
from developers and others where they appropriately
' are of value to public access to the sound and
parks and recreation;
' B. To encourage the Town to receive fair payment from
developers in lieu of land dedication where there
is no apparent need for sound access and parkland
in a given location;
C. To invite civic club, service organization, and
church sponsorship (financial and personpower) of
public sound access areas and other parks;
' D. To solicit financial contributions with assistance
from "The Friends of Town Parks" and other organi-
zations and individuals to support the Town's pub-
lic sound access and parks and recreation program;
E. To encourage volunteerism to help maintain, manage,
' and beautify public sound access areas and other
parks; and
7
F. To coordinate and promote recreation programs and
activities with schools, county recreation agencies
and other public and private recreation providers.
The Town Beautification Goal Statement
The Town of Cape Carteret will preserve, protect, enhance, and promote the
beautification of the entire community and its extraterritorial area.
Supporting Objectives
A. To fully integrate public sound access facilities
and parks activities and community -wide beautifica-
tion endeavors into one program under the direction
of a newly formed Town Parks and Beautification
Board;
43

1
B. To merge all sound access and parks and
community beautification activities so that they '
become one and the same in planning, procurement,
administration, programming, budgeting and financ-
ing; '
C. To formulate a detailed comprehensive community
beautification element to become an integral part '
of this plan;
D. To establish guidance standards for beautification I
implementation activities; and
E. To inspire the citizenry, absentee property owners,
and the commercial sector to beautify and maintain
their residences, businesses, and surrounding
grounds and their vacant parcels. '
11
44

IHPLffiMTATION PRIORITIES AND PROGRAMMING
' Based on the findings and analyses, recommended legal actions and goals and
objectives set forth in this plan for public sound access, parks and recrea-
tion and town beautification, the following priority rankings are provided for
plan implementation during the recommended fiscal time frames.
IPRIORITY #1: FISCAL YEAR 1990-91
CREATE A TOWN PARKS, RECREATION AND BEAUTIFICATION BOARD
As recommended in this plan, and
found to be necessary and desirable by the
'
Town Board of Commissioners, the
first implementation priority is
to create
and appoint a Town Parks, Recreation
and Beautification Board to oversee
plan-
ning, acquisition, design, development, management and maintenance
of public
sound access parks, other parks,
and recreation programs; and to
develop a
comprehensive town beautification
plan and program by:
1. Adopting an ordinance
that creates a permanent
Town Parks, Recreation
and Beautification Board,
2. Announcing the establishment of the board and ad-
vertising for private citizens to apply to serve
with the newly formed body,
3. Charging the new board with advocacy of the Horizon
Concept given on page 39 of this document with
dedication to the goals and with the enablement of
the supporting objectives set forth in this plan
and titled:
a. Quality of Life,
b. Visual, Environment, and Design Harmony,
c. Citizen Participation,
d. Public Sound Access and Parks Operational
Efficiency,
e. Town Beautification.
4. Financing the work of the board as the Town is
able.
45

PRIORITY #2: FISCAL YEAR 1990-91
PUBLIC SOUND ACCESS PARKS
As recommended in this plan, and found to be necessary and desirable by the
Town Board of Commissioners, the second implementation priority is to procure
clear public access to Bogue Sound by accomplishing the following:
1. Surveying identified rights -of -way ends of all
streets that appear to run into Bogue Sound, in-
cluding Bonita, Manatee, and Dolphin Streets, Anita
Forte Drive, Sound View Court, and Holly Lane in
Old Cape Carteret, and Bogue Sound and Bayshore
Drives, Lejeune Road (SR 1270), and Easy Street in
Bayshore Park,
2. Determining whether fill material has ever been
placed at the ends of these respective streets
where they run into the sound to avail the Town to
certain legal advantages stated in the plan and its
appendices,
3. Locating the mean high water line of the sound at
all of these street rights -of -way ends for the le-
gal purposes stated in the plan and its appendices,
4. Determining whether acquisition is actually needed
to gain full fee title use of these street rights -
of -way ends that run into the sound,
5. Having all street rights -of -way ends, and park
lands currently and formally leased, appraised to
determine their fair market value as found to be
necessary,
6. Applying location standards set forth earlier in
this plan,
7. If found to be necessary, prioritizing acquisitions
of street end rights -of -way by weighing the find-
ings from these above procedures and from all other
findings and standards presented in this plan, in-
cluding need, location, esthetics, cost of improve-
ments, etc.,
46
1

1
8. Making fair offers to purchase based on appraisals
' for these sites deemed to be acceptable and appro-
priate for the Town, and/or
' 9. Proceeding to condemnation if offers made by the
Town are not negotiable or acceptable to title
holders of the properties, and
' 10. Determine appropriateness of acquiring vacant land
adjacent to street ends and, where also appropriate,
negotiate for and/or proceed as in item 9. above,
11. After severe storms, identifying other parcels that
would be unsuitable for buildiTig (unable to meet
CAMA, County, and local standards) due to newly
identified constraints and potential flooding, con-
sidering their appropriateness for public access to
the sound and estuarine waters or use for other
recreation purposes, and if found to be in the
' Town's interest, following the applicable proce-
dures above to acquire them, and
' 12. Applying planning, design, and development stand-
ards presented earlier in this plan to establish
and maintain public sound access parks.
PRIORITY #3: FISCAL YEAR 1991-92
A SCHOOL-CONMITY PARR
As recommended in this plan, and found to be necessary and desirable by the
Town Board of Commissioners, the fourth implementation priority is to estab-
lish a cooperative working and/or contractual relationship with the Carteret
County School Board by:
1. Beginning local discussions with permanent resi-
dents to determine their needs and desires for rec-
reation leisure services and programs that could be
best offered in the setting that only the White Oak
Elementary School could currently provide the com-
munity, e.g., organized sports, classroom and work-
room activities such as arts, music, drama, crafts,
other hobbies, etc.,
47

L
i
�J
2. Sponsoring preliminary meetings between interested
citizens and the local school administration that
,
could lead to Town negotiations with the Carteret
County School Board to provide identified desired
activities and to increase joint school -community
'
park and recreation opportunities,
3. Applying standards presented earlier in this plan
,
for a school -community park, and
4. Acquiring lands next to school lands to provide fa-
cilities and programs listed in the standards set
forth in the plan.
PRIORITY #4: FISCAL YEAR 1992-93
'
NEIGHBORHOOD PARRS
As recommended in this plan, and found to be necessary and desirable by the
Town Board of Commissioners, the third implementation priority is to procure
'
fee title to appropriate parcels for parks in neighborhoods by:
1. Identifying vacant parcels in Old Cape Carteret,
Bayshore Park, Quail Wood, Fox Forest, and other
neighborhoods that meet siting location standards
set forth earlier in this plan,
'
2. Identifying among these, the parcels that may have
problems that would prevent building construction,
such as low lying and wet areas, percolation prob-
lems, and unappealing home settings, and particu-
larly after severe storms, identifying other par-
.
cels that would be unsuitable for building (unable
to meet CAMA, County, and local standards) due to
newly identified constraints and potential flood-
ing, considering their appropriateness for neigh-
borhood park and recreational purposes, and if
found to be in the Town's interest, following the
applicable procedures above to acquire them,
3. Appraising the desired properties to determine
their fair market value,
48

4. Making offers for sites that meet the standards
' criteria set forth in this plan and that are other-
wise acceptable to the Town, e.g., need, natural
beauty, esthetics, appearance, cost, etc., and/or
5. Proceeding to condemnation, as called for in the
above, if found to be necessary and desirable, and
6. Applying planning, design, and development stand-
ards presented earlier in this plan to establish
neighborhood parks.
F11
PRIORITY #5: FISCAL YEAR 1993-94
A TOWN PARR
As recommended in this plan, and found to be necessary and desirable by the
Town Board of Commissioners, the fifth implementation priority hinges on a de-
cision to re -site the Town Hall and/or to establish a cooperative working or
contractual relationship with the Carteret County Parks and Recreation Depart-
ment by:
1. Formulating options for a park and/or recreation
facilities to be incorporated into town hall campus
planning, as this possibility continues to evolve,
2. Applying standards presented earlier in this plan
for a town park,
3. Beginning local discussions with permanent resi-
dents to determine their needs and desires for lei-
sure services and programs that could be best of-
fered in the setting that only the planned county
park and proposed community building just west of
the town limits could provide, e.g., group meeting
facilities, picnicking facilities, etc., and
4. Sponsoring preliminary meetings between the Town
Parks, Recreation and Beautification Board and the
Carteret County Parks and Recreation Department to
provide identified desired activities and to in-
crease joint county/town park and recreation oppor-
tunities for the community.
49

PROGRANKING9 BUDGETING AND PHASING PROJECTS
Planning to meet the public access, parka, recreation and beautification needs
and desires of the people in the Cape Carteret for the next five to ten years
has been no simple task. The work, however, has been completed by the Select
Committee, and the plans are now in the Town Board of Commissioners' hands for
implementation. The five priority projects have been identified in the previ-
ous section. Phasing, programming and budgeting the five major priorities are
treated below.
implementation Priorities d Programing. Isp s an ogr ng.
The Five Major Projects
Priority #1: Creating a Town Parks, Recreation and Beautification Board
'
during Fiscal Year 1990-91
Priority #2: Beginning to Procure Permanent Public Sound Access
during Fiscal Year 1990-91
Priority #3: Nurturing the School -Community Park Concept
'
during Fiscal Year 1991-92*
Priority A: Instituting a Neighborhood Parks Program
during Fiscal Year 1992-93*
Priority #5: Exploring the Development of a Town Park
during Fiscal Year 1993-94*
* Based on,current growth projections. If the Town does not meet these pro-
jections as expected, these priority items should be postponed until popula-
tion growth demands them.
PRIORITIES #1 AND #2
'
BUDGETING ACTIVITIES FOR FISCAL YEAR 199 0-91
It is recommended that the first two priority items listed above, namely:
"Creating a Town Parks, Recreation and Beautification Board" and "Beginning to
Procure Permanent Public Sound Access," be addressed concurrently. Although
this may appear to be a large order, it is important that these projects be
'
implemented at the same time for two reasons. First, it is paramount that the
Board, created in accordance with state statutes and by Town ordinance, be put
50

n
j
"on line" as soon as possible to begin to handle the step-by-step procedures
' of accomplishing immediate tasks. Second, it is important that action be tak-
en early on what the citizenry have identified as the most pressing issue -
procuring permanent public sound access.
Of the two activities, the first concurrent priority item of creating a Town
Parks, Recreation and Beautification Board will be the most intensive task for
' the Town Board of Commissioners. This work should be accomplished in a matter
of weeks. The second concurrent priority item will require less labor of the
Commissioners because it demands the work of contracted professionals, i.e.,
' the Town Attorney, surveyors and appraisers. This work should be accomplished
in a matter of no more than two months.
Hence, these two activities should take place simultaneously. The main idea
is to have the Town Parks, Recreation and Beautification Board in place and
operational by the time the Town Attorney, surveyors, and appraisers have com-
pleted their work of laying the groundwork for procuring titles to lands for
public sound access. The establishment of the Town Parks, Recreation and
Beautification Board at an early date is a necessity for success.
An Initial Operating Budget
for the Town Parks, Recreation and Beautification Board
First year expenses should amount to an estimated $1,150. Task one will en-
tail amending the Town Code to establish the Parks, Recreation and Beautifica-
tion Board. This will include adapting state enabling legislation form G.S.
160A to the needs of Cape Carteret. It will require holding a public hearing
and amending the Town Code by adopting an ordinance to create the Board.
The first year's operating budget for the newly formed Board should include
funds for a special orientation session for the initial members to (1) help
them understand their new venture and the general charge given in the newly
amended Town Code, (2) do some brainstorming on how they will approach and ac-
complish tasks assigned in the code and in this plan, and others by the Town
Board of Commissioners, and (3) provide for team building among members of the
Board. Orientation should be conducted with the help of an outside facilita-
tor who can objectively aid in molding the Board into an operating body at an
early date.
Another important initial budget item should be for
the preparation, publica-
tion and
distribution of an educational brochure.
It should explain the im-
portance
of public access, parks and recreation, and beautification to Cape
'
Carteret,
and the Board's broad purpose, goals, and
plans should be described.
It should
then have a broadcast distribution in the
community.
51
J

Estimated Board Costs for the First Year
1
Legal Fees for Enactment of Code of Establishment . . . $150
General Operating Expenses for First Year . . . . . . . $400 '
Orientation Session for Initial Members . . . . . . . . $200
Public Meeting (Hearing) Expenses . . . . . . . . . . . $100
Development and Publication of a Brochure . . . . . . . $300 '
$1,150
In the following years, it is recommended that the Town Board of Commissioners
plan to budget and appropriate at least $600 per year to cover the operating
expenses of the Board. After the first year of operation, however, the Board
should be in a position to develop its own annual budget requests and present
them to, and defend them before, the Town Board of Commissioners in time to be'
considered for the ensuing fiscal years. ,
An Initial Capital Improvements Budget
for Public Sound Access Parks
In accordance with the recommendations of this plan, and based upon subsequent '
land surveys, appraisals, and legal findings pertaining to the status of iden-
tified street end rights -of -way and upon the status of currently and formally
leased sound access parks in Old Cape Carteret and Bayshore Park, a capital
acquisitions and improvements budget is offered in the following. The budget
is geared to facilitating the outright acquisition of fee simple title to
those properties that the Town Board deems necessary to meet the needs and de-
sires of the people of the town. Because information from surveys and ap-
praisals is not yet available, the costs are given in ranges of estimated ac-
ceptable amounts based on Standards for Sound Access Parks.
It is recommended that the Town Board choose one sound access park area to at-
tain title to during FY 1990-91. As population grows to the projected 2,500
by the year 2000, the Town should be prepared to acquire title to a second. If
the opportunity presents itself, however, to maintain an existing lease ar-
rangement or to develop an acceptable new one on the remaining sound access
park, in the interim, by all means the Town should pursue this course also.
Further, if it is found that the Town holds fee title to existing street ends,
52
�I

1
it should do what it can to preserve and/or develop and maintain these as soon
as possible so that residents can have at least these sound access facilities
at an early date. Since the latter approach is projected to be much less ex-
pensive, the Town may choose this recourse to provide a number of access
points.
Estimated Public.Sound Access Parks Capital Improvements Costs
Procurement of the Old Cape Carteret Site
at the ends of Dolphin and Manatee Streets . . . . $200-250,000
Procurement of the Bayshore Park Site
at the end of Bayshore Drive . . . . . . . . . . . $200-250,000
Estimated improvements costs per sound access park . . $50-100,000
Estimated annual maintenance costs . . . . . . . . . . . $5-10,000
Procurement of unimproved rights -of -way as desired and
necessary at the ends of Bonita, Manatee, and Dolphin
Streets, Anita Forte Drive, Sound View Court, and/or
Holly Lane in Old Cape Carteret and at the ends of Bogue
Sound and Bayshore Drives, Lejeune Road (SR 1270),
and/or Easy Street in Bayshore Park . . . . . . (each) $5-15,000
Estimated improvements costs per street . . . . . . . . . $2-5,000
Estimated annual maintenance costs per street end . . . . $1-2,000
PRIORITY #3
BUDGETING ACTIVITIES FOR FISCAL YEAR 1991-92
A Capital Improvements Budget
for a School -Community Park
The third priority item designated by the Select Committee is the development
of a cooperative School -Community Park program with the Carteret County School
Board. This ingredient of the parks and recreation element of the plan is ten-
tatively scheduled for treatment as early as FY 1991-92, but it is suggested
that justification for a program over and above the one that now exists
through the school may practically await consideration by the time the town's
population reaches about 2,500 around the year 2000.
53

In accordance with the recommended priorities of this plan, an initial budget
for a school -community park cooperative program is provided in the following. ,
The budget is geared to facilitating that which the Town Board deems necessary
and desirable. The costs are given in ranges of estimated acceptable amounts
based on Standards for a School -Community Park. I
Estimated School -Community Park Capital Improvements Costs I
Establishment of dialogues and negotiations with local '
school officials to increase joint school -community park use
opportunities for the community . . . . . . . . . . . . . . . .
Procurement of 5 to 10 acres abutting school property
to enhance the potential of school -community park
recreation offerings and service . . . . . . . . . . $25-75 000 '
Estimated shared improvements costs (x 1/2). . . . . . . $25-50 000
Estimated annual maintenance contributions . . . . . . . . $2-3,000
PRIORITY #4 '
BUDGETING ACTIVITIES FOR FISCAL YEAR 1992-93 '
A Capital Improvements Budget
for Neighborhood Parks '
The fourth priority item designated by the Select Committee is Neighborhood
Parks. This important ingredient in the parks and recreation element of the '
plan is tentatively scheduled for treatment as early as FY 1992-93.
In accordance with recommended priorities of this plan, a capital acquisitions ,
and improvements budget for neighborhood parks is provided in the following.
The budget is geared to facilitating the outright acquisition of fee title to
properties for neighborhood park use that the Town Board deems necessary and
desirable. Because specific sites have yet to be selected by the Town Board,
the costs are given in ranges of estimated acceptable amounts based on Stand-
ards for Neighborhood Parks. '
54

Estimated Neighborhood Parks Capital Improvements
Costs
Procurement of one or two sites in Old Cape Carteret generally
'
in the vicinities of:
(1) the vacant area located between Loma Linda and
Neptune Drives on the north and south, and
between Yaupon and Anita Forte Drives on the
east and west, respectively . . . . . . . . . .
. $25-35,000
(2) the vacant property on the east side of Dolphin
Street between Loma Linda and Neptune Drives,
respectively . . . . . . . . . . . . . . . . . .
. $10-20,000
' Procurement of one or two sites in the Bayshore Park/Channel View
communities generally in the vicinities of:
' (1) the two vacant sites on the west side of Bogue
Sound Drive touching upon the northern section of
' the channel between Channel Drive and Club Court. $10-25,000
(2) the vacant area between Club Point Drive and
Channel View Court . . . . . . . . . . . . . . . $30-35,000
I
PRIORITY #5
BUDGETING ACTIVITIES FOR FISCAL YEAR 1993-94
A Capital Improvements Budget
for a Town Park
The fifth priority item designated by the Select Committee is the development
' of a Town Park. This ingredient ofthe parks and recreation element of the
plan is tentatively scheduled for treatment as early as FY 1993-94. It is
suggested, however, that by the time the town's population reaches 2,500
' around the year 2000, other facilities that have been already been developed
may well prove to be adequate for the town.
In accordance with the recommended priorities of this plan, an initial budget
for a town park is provided below. The budget is geared to fostering that
which the Town Board deems necessary and desirable. The costs are given in
ranges of estimated acceptable amounts based on Standards for a Town Park.
55

Estimated
Town Park Capital
Improvements Costs
Acquisition land
of . . . . . . . . .
. . . . . . $100,000-250,000
Estimated improvements costs . . . . .
. . . . . . . . . $50-75,000
Annual maintenance costs . . . . . . .
. . . . . . . . . $10-15,000
56

r = m = = m m = = = = m = = m

7
P U B L I C T R U S T D O C T R I N E
I
n

KIRKMAN, WHITFORD, KIRKMAN & JENKINS, P.A.
' ATTORNEYS AT LAW
SUITE 104
710 ARENDELL STREET
POST OFFICE DRAWER 1347
KENNETH M. KIRKMAN
NEIL B. WHITFORD MOREHEAD CITY, NORTH CAROLINA 28557.1347
DONALD A. KIRKMAN* February 2 1990 TELEPHONE 919.72E-0411
JACK W. JENKINS TELEFAX 919.72E-0974
'LICENSED IN N.C. AND N.Y.
' Mr. Ron Johnson
Town of Cape Carteret
204 W. B. McLean Drive
Cape Carteret, N. C. 28584
RE: Public Trust Doctrine
Dear Ron:
At your request, I have researched the question of the Public
Trust Doctrine in North Carolina and its relation to tidal
estuarine shorelines, such as those typically found along
Bogue Sound adjacent to the Town of Cape Carteret. In
performing this research, I have been fortunate to find
several unpublished or private documents that have been
prepared by individuals with particular expertise in this
field, and have further examined some North Carolina case and
statutory law. Unfortunately, the law as relates to the
Public Trust Doctrine along estuarine shorelines is not nearly
as explicit or well settled as is the Public Trust Doctrine
along the ocean shoreline.
It is not the intent of, this letter to present a legal
' treatise, with legal authority and history. It is my
understanding that the Town of Cape Carteret is concerned as
to the present status of the law, to the extent that status is
at all defined, with perhaps some interest as to legal trends.
There is a great deal of history, both statutory and case law,
relating to the Public Trust Doctrine. in North Carolina and
its evolution; a great deal of that is not currently relevant,
' however.
Preliminarily, it has now become settled that lands beneath
waters subject to the tides, whether navigable or not, and
lands beneath non -tidal but navigable waters are land subject
to the Public Trust Doctrine. This is true whether or not
' these lands are privately owned. Unlike the ocean front,
however, the majority of jurisdictions in the United States
limit public trust rights on an estuarine shoreline to the
mean high tide line, however defined, and thus on the
' estuarine shoreline often the limits of private property
ownership and the public trust limits are coexistent. I can
find no law in North Carolina that indicates this is not the
Icurrent state of the law in North Carolina.

There are, however, a small but growing number of states which '
are recognizing at least a limited public trust right to
utilize the sandy beaches adjacent to estuarine shorelines. '
There is no law in North Carolina at present that I can locate
or discover that has yet recognized this Doctrine in North
Carolina. Therefore, any governmental agency attempting to '
enforce or allow public trust access along a sandy beach area
would be doing so at its own risk, and may well be subject to
claims, including claims for inverse condemnation, filed by a
private owner of these properties. ,
Notwithstanding this current limitation on the Public Trust
Doctrine (which personally I believe will be expanded in the '
next 20 years, even in North Carolina), I believe that the
courts of North Carolina would quite likely recognize a
limited expansion of the Public Trust Doctrine, at least to '
the extent of allowing navigation in navigable waters
extending above the mean high water line, and particularly the
recognition of a right for those involved in -authorized uses '
of Public Trust Waters to utilize adjacent property, including
sandy beaches, in cases of navigation emergencies.
In general, the State of North Carolina lays claim to the
'
ownership of lands below navigable and tidal waters. The
Department of Administration of the State of North Carolina is
given by statute the authority to control these areas subject
to Public Trust Doctrine, and to grant under certain
'
circumstances private rights to utilize exclusively at least
portions of these bodies of water (or the beds thereunder).
These statutes could be read as requiring the Department of
'
Administration to grant an easement every time any dock or
pier or other improvement is built extending into areas
subject to the Public Trust Doctrine; notwithstanding this
'
potential interpretation of the law, the Department of
Administration has determined, probably because of the need to
protect historical riparian rights and uses, and to make
manageable practical use of riparian rights, without
overburdening a governmental department not equipped to deal
with such volumes of work, that historical and traditional ,
riparian rights may be utilized without need of a grant of an
easement from the Department of Administration.
Therefore, the owner of the estuarine shoreline is entitled to '
utilize that shoreline, as long as such utilization is in
accordance with other laws and regulations, for purposes that
have throughout history been recognized as normal riparian '
utilization of shoreline. These uses are,now limited by other

3 -
laws, including the Coastal Area Management Act of the State
of North Carolina and various federal laws designed to protect
' navigation, so that almost no riparian use of an estuarine
shoreline is allowed without the procurement of a governmental
permit. Under the current status of law, permits are readily
' procurable for the construction of a dock or pier for use of
an adjacent riparian owner; the rights to construct marinas or
boat basins, as defined by various regulations, are now
' significantly restricted, both by specific standards
(prohibition of dredging in primary nursery areas, prohibition
of construction of facilities that require closing of
shellfish beds, the "27 foot rule" of CAMA and the "one-third
' rule" of CAMA), but are also restricted by rather subjective
limitations on the appropriation of public trust waters for
private benefit. Thus, the permitting of marina facilities
' has become rather difficult to predict with certainty prior to
permit application. What is certain, however, is that it is
virtually impossible for non -water dependent structures or
' improvements to be constructed by private property interest
within public trust areas.
It is clear that there is no right of horizontal access to
public trust waters across private property adjacent to
estuarine shorelines. As indicated above, there is some
growing body of law outside of North Carolina giving some
' limited vertical shoreline public trust rights adjacent to the
estuary, but there appears to be no significant legal trend
within the United States to create a right of horizontal
access adjacent to the estuaries.
It might also be noted that traditional riparian rights, even
' though permitted, are now restricted by law, particularly the
Coastal Area Management Act, to attempt to reduce the impact
of exercising riparian rights upon adjoining property owners.
Therefore, standards such as property line setbacks have been
established. The applicable rules for determining the
location of piers in public trust waters is rather
straightforward where a shoreline runs parallel and straight
' along a body of water; the rules can be very much more
convoluted where there are peculiarly shaped shorelines and
erratically located channels. I am enclosing a reprint from a
' publication from Sea Grant which deals in some detail with
identification of riparian and littoral rights, which pamphlet
may be of interest to you.
' A public agency such as a town is subject to the same rules
and regulations limiting the utilization and appropriation of
public trust areas as apply to private property owners.

- 4 -
However, public agencies are given more flexible permitting
standards under many laws, including the Coastal Area
Management Act, because of the belief that public trust
waters, if used by public agency, are being used for the
benefit of the public, and not for private pleasure or gain.
Therefore, it is quite likely a public marina owned by a
municipality could be constructed of larger size than a marina
in the same location by a private property owner. It is also
much easier to gain a variance from applicable restricting
standards for use of public trust waters if the request for
variance is made by a public agency.
Finally, it should be noted that public trust waters are
generally available to all of the public, and there is not a
clear body of law to determine which members of the public are
entitled from time to time to utilize these rights, and for
what purposes. It is clear that, without specific permission
from the State or another authorized agency, one person or
group of people is not authorized to preclude the use of
public trust waters from others interested in.utilizing such
resource. It is clear from common law, however, that Public
Trust Doctrine emerged from the need to protect navigation,
and generally speaking, even today, the rights to utilize
public trust waters for navigation purposes will generally
take precedent over the right to utilize such resources for
other purposes, such as recreation, although recreation is now
generally considered a recognized public trust right. Many
states have now expressly recognized environmental protection
as a public trust right; I have found no law relating to this
in North Carolina, however.
Some question has arisen within Cape Carteret as to the actual
boundary of public and private lands on street ends. While
statutory law in North Carolina does allow a private property
owner some rights under limited circumstances to areas altered
by the action of man, including land raised under lawful
permit, land raised as a result of the deposit of spoil from
state or federal navigation projects and land reclaimed from
land previously lost to erosion, usually filled land, unless
meeting one of the named exceptions, becomes publicly owned
land. However, land that accretes or erodes follows to the
benefit or the detriment of the adjoining property owner at
least if such process is natural over the course of time.
Therefore, to determine the actual boundaries of private
property ownership and the public trust limitations on street
ends, I would suggest the following course of action:
J
n

- 5 -
1. Employ a surveyor to locate on the ground the
extent of the streets as shown on the original plats for the
' property;
2. Attempt to determine whether, since the date of
' the recordation of those plats, there has been any fill
materials placed on the street ends;
3. Cause the. surveyor to locate the current mean
high water line of the adjacent estuary.
From the above data, the actual scope of private versus public
' ownership and public trust rights can be reasonably discerned.
I realize the information presented within this letter is
rather broad and disjointed; however, having not been
given a
'
specific
charge, I have attempted simply to research
general
doctrines
related to the
Public Trust Doctrine along the
'
estuarine
riparian
shorelines, and
rights. I would
the relationship of the Doctrine •to
be glad to discuss with you or your
Committee
in more detail
any area not adequately
covered
within this letter, and I
would be glad to expand in
writing
further on any particular
point as requested. By
separate
communication I will comment briefly upon the procedures
required of the Town to procure unencumbered or unrestricted
rights to utilize properties now limited by agreement or by
covenant.
' Very tr yours,
'5ei M. Kirkma
RMR/hgm
Enclosure

li
F-
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1
F,
PROPERTY ACQUISITION

KIRKMAN, WmFORD, KIRKMAN & JENKINS, P.A.
ATTORNEYS AT LAW
SUITE 104
710 ARENOELL STREET
KENNETH M. KIRKMAN POST OFFICE DRAWER 1347
NEIL B. WHITFORD MOREHEAD CITY, NORTH CAROLINA 28557-1347
DONALD A. KIRKMAN*
JACK W. JENKINS February 13, 1990
'LICENSED IN N.C. AND N.Y.
Mr. Ron Johnson
Town of Cape Carteret
204 W. B. McLean Drive
Cape Carteret, N. C. 28584
TELEPHONE 919.7w4m
TELEFAX 919.72E-0974
RE: Property Acquisition
Dear Ron:
' At your request, I have researched the question of the ability
of the Town of Cape Carteret to procure unrestricted ownership
of property now owned by the Town, subject to stated deed
' conditions which, in accordance with the deeds of conveyance,
would revert title to the previous owner upon violation.
' It is my opinion that the Town has adequate authority under
Chapter 160A and Chapter 40A of the General Statutes to
condemn the interest in the property not now held by the Town,
' and thus, in effect, remove the restrictions. North Carolina
General Statutes Section 40A-3(b)(3) clearly gives to the Town
the ability to utilize eminent domain to establish, enlarge or
improve parks, playgrounds and other recreational facilities.
The statutes are also clear that, if the above quoted
provision is utilized, the Town, upon following proper
IJ
7
J
procedures, can gain unrestricted use of the property.
While there is no specific statute dealing with defeating a
deed condition, as opposed to a lien, life estate or
restrictive covenant, I believe the clear intent and purpose
of the law is consistent, and I have little doubt that a court
would hold, upon compliance with appropriate procedural
requirements, and payment of proper compensation, that
unencumbered and unrestricted title was vested in the Town.
From a timing standpoint, the statute allows a notice to be
given to a property owner, thirty days to elapse, and then the
filing of a complaint under the eminent domain statutes, with
the posting of the amount of money by the Town that the Town
believes is appropriate to pay to the property owner as fair
market value compensation. The Town is then entitled to
possession and use of the property, and does not need to wait
for the legal procedures to be completed, and final
compensation to be determined. Therefore, the Town -can

- 2 -
procure unrestricted use of property to be condemned for park
areas within a very short time (probably 45 days) following
the passing of a resolution to proceed.
I would note that in the case of Cape Carteret the difficult
question will be valuation. It is anticipated that the
property owner would seek to value the property as though it
was owned, by the property owner, under the theory that, upon
breach of 'a condition, the property owner would have
unrestricted use of the property; on the other hand, the Town
would contend that the conditions were not violated, and that
the owner should only be compensated based on the contingent
possibility of reacquisition of the property. Procedurally,
it would first be necessary to determine the value of the
property without restriction, then apply some rational formula
to reduce that value to a present value.
Of course, it is always desirable to attempt to negotiate an
acquisition of fee with the property owner prior to
instituting legal proceedings, to avoid legal costs. The Town
can be assessed the cost of appraisers, engineers and expert
witnesses employed by the property owner in the course of the
proceeding, so the actual cost of condemnation (in addition to
the actual compensation paid for the property) can be
significant.
Again, proper surveys must be done of the property prior to
commencing any proceeding, and even prior to attempting to
determine an. appropriate value to tender. These surveys
should show the current high-water mark, the location of the
street end as shown on the original recorded plats, and, where
possible, information should be gathered as to the historical
erosion or accretion of the subject property.
If I can provide additional information, please don't hesitate
to call.
very tr 1 yours,
Kenneth M. Kirkman
KMK/hgm
1