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Home My WebLink AboutShoreline Access Study-1980e .• DCM COPY'-- DCM COPY Please do not remove!!!!! Division of Coastal Management Copy TOWN OF CAPE CARTERET SHORELINE ACCESS STUDY MAY 1980 COASTAL CONSULTANTS, LTD. l� SHORELINE ACCESS STUDY Prepared by COASTAL CONSULTANTS, Ltd. Southern Pines, NC AND TOWN OF CAPE CARTERET Cape Carteret,NC The preparation of this report was financed in part throug h • 9 TABLE OF CONTENTS PAGE PART I INTRODUCTION AND PURPOSE 1 PART II LOCAL SETTING 2 PART III SHORELINE ACCESS PROBLEMS 3 PART IV GOALS, OBJECTIVES AND PUBLIC PARTICIPATION 4 PART V INVENTORY OF EXISTING FACILITIES 6 .PART VI SHORELINE ACCESS NEEDS 10 PART VII RECOMMENDATIONS 12 BIBLIOGRAPHY APPENDICES A STATE POLICIES AND STANDARDS RELATING A_1 TO SHORELINE ACCESS B TOOLS FOR ACQUIRING SHORELINE ACCESS B-1 C FUNDING SOURCES FOR SHORELINE ACCESS C-1 MAPS Cape Carteret Existing Access Points Emerald Isle Existing Access Points • PART I: INTRODUCTION AND PURPOSE In March, 1979, the Coastal Resources Commission of the State of North Carolina (CRC), adopted policies relating specifically to public beach access. (Appendix A ). In addressing policies, the CRC was required to comply with federal regulations requiring coastal states to consider both physical and visual access. Although both the federal and state governments and their respective agencies and commissions are responsible for concerning themselves with public beach access, it is the decision of the North Carolina CRC that pro- vision of access is a local concern to be expressed through local plans. Public access to the shoreline is also addressed in the Statewide Com- prehensive Outdoor Recreation Plan of North Carolina. This report states that it is an objective of the State that areas of public access be provided along the shores of streams, rivers, lakes, estuaries, sounds, and the ocean in order that citizens and visitors may be able to reach and use inland waters and the ocean. The problem of public access is a difficult one due to the interaction with one of the most complex and emotional concerns of the people of our nation, pro- perty rights. The beach access is a definite part of the recreational objectives of the Town of Cape Carteret. Through this plan, the town can identify areas of re- creational improvements and methods to carry out these improvements. E • PART II: LOCAL SETTING The Town of Cape Carteret is located on Bogue Sound on Mainland Carteret County. The Town has experienced a steady growth in population since its in- corporation in 1957. Then it had a year-round population of about 52, now the population has increased to about 1250 persons. Cape Carteret is basically a residential community with limited commercial services to serve the community rather than to provide an economic base. Cape Carteret is located in White Oak Township, but is connected to the Bogue Banks (Town of Emerald Isle) by the Cameron Langston Bridge. The Town is divided east to west by NC 24. The northern section of the town contains a loop road with development around Star Hill Golf. Course. The'southern 'section is a somewhat older development on a grid pattern which is sectioned into two portions by Deer Creek (Rocky Run). -2- • PART III: SHORELINE ACCESS PROBLEMS As the Town of Cape Carteret continues to grow, more and more concern is expressed by the residents about the problem of finding easy accessibility to the ocean beach. The Townhas boat launch facilities on Bogue Sound and is close to access on the White Oak River provided by the North Carolina Wildlife Commission and the U.S. Forest Service. TheTo wn however, is in a frustrating position of being within 1 3/4 miles to the ocean, directly next to a bridge to Bogue Banks, and having no parking area available to residents of Cape Carteret near the ocean beach in reasonable proximity to the Town of Cape Carteret. Furthermore, the Bogue Inlet Point has historically been an area of great scenic value to residents of Cape Carteret. The lack of parking and the sale of private residential lots in the area continues to 'worsen the public access problem. In many areas, people wish to get to the oceanfront but must cross private • property to reach the shoreline. Right-of-ways that are supposed to provide ac- cess are often not identified and are sometimes partially or wholly controlled by adjacent property owners by fences. Even when the public is able to get to the ocean beach, problems arise from lack of parking areas and the degree to which the public has any landward rights during times of high tide. Broadly speaking, the State owns the beach seaward of the mean high tide line (wetsand) but the beach above the mean high tide line (dry sand and upland) is in private ownership. There are a number of mechanisms under traditional property law in North Carolina by which the public can acquire rights of access across the upland por- tions of the beach. These mechanisms are included in Appendix B. -3- • PART IV: GOALS, OBJECTIVES AND PUBLIC PARTICIPATION Goals and Objectives: The Town of Cape Carteret organized a joint committee of the Mayor, com— missioners and the planning board to -participate in determining goals and ob- jectives and areas of concentration in the preparation of the beach access plan. The following goals and objectives were adopted: A. To obtain public parking facilities to accommodate property owners of the Town of Cape Carteret. B. To cooperate with and coordinate programs with other communities, the State and the Federal Governments C. To explore all possible implementation strategies to acquire and develop beach access. • Public Participation: The joint committee formulated a questionnaire to determine public atti- tudes toward recreational facilities and public access. Some of the questions related to priorities while others probed policies and willingness to pay. The respondents were selected by a scientific random sampling procedure from a list of Cape Carteret taxpayers. The sample size was selected to obtain an 85% con- fidence level. Taxpayers who were also Town residents were interviewed by tele- phone by members of the committee. Others were contacted by mail. Below is a list of questions and responses - Beach Access Areas such as Cape Carteret, which are close to beach areas, but have no public land on the beach, often are in a situation which is frustrating to residents. • Does Cape Carteret need parking facilities close to Ocean access points on Emerald Isle? (50%) Yes (37%) No (5%) No Opinion -4- • Questions and responses (continued) Perhaps it may be determined that the only way to achieve proper access and parking at Emerald Isle is to purchase land, build and maintain a parking lot for residents of the Town of Cape Carteret. If the financing was through bonds or the general tax revenues, would you be willing to pay an additional ten cents ($.10) per $100 of assessed valuation per year? (42%) Yes (53%) No (5%) No Opinion If another method were available (such as paying a yearly fee for a parking pass) would you pay $25 per year? (42%) Yes (54%) No (4%) No Opinion Would you pay more if necessary? (16%) Yes (70%) No • If yes, how much more? $50 If an area solution to the access and parking problem is not available, should the Town of Cape Carteret try to gain access on its own? (41%) Yes (47%) No (12%) No Opinion Q -5- • PART V: INVENTORY OF EXISTING FACILITIES Below is an inventory of shoreline access facilities which are within about ten minutes driving time from Cape Carteret. Only free access sites which are available to the public are listed. Other commercial areas such as campgrounds, motels or hotels are not listed, nor are private lands which are often used by the public without permission. Cedar Point Boat Access Area This area is leased by the North Carolina Wildlife Commission. The access area is located on the White Oak River. Parking capacity is twenty cars, with one ramp for boat launching. Cedar Point Recreation Area The U.S. Forest Service maintains a boat launch facility on the White Oak River with a parking capacity of thirty cars. It is also a cartop launch site, has camping facilities, picnicking, nature observation, scenic vista and has public restrooms. The ramp, however, is not adequate for most boats. Bogue Fishing Pier The pier is on the Atlantic Ocean on the Bogue Banks. Parking is available for thirty cars. Public restrooms are available, Emerald Isle lifeguards are at the area during swimming season. Fishing is available from the pier for a fee. Road End at Bogue Inlet The road end at Bogue Inlet has ORV access and is a scenic vista. Swimming is available on the public portion of the beach. There are no parking facilities. Emerald Isle Easements These easements on Bogue Banks are restricted to local residents and no parking along the -streets is permitted. MM Cape Carteret Boat Launch Areas Two boat access sites give Cape Carteret residents boat access to the Sound. The areas are located between Dolphin and Manatee Streets in the Cape Carteret subdivision, and on Bayshore Drive in the Bayshore subdivision. The areas have picnic tables, parking and concrete ramp facilities. The Town leases the areas from a developer for $1.00 per year on a ten year lease arrangement. Docks are not provided by the Town. Individuals must make private arrangements with the developer for dock facilities. Other Potential Access The Town has.a number of streets which end on the Sound. The following streets have been dedicated to the Town, and.offer • potential future access sites: Bonita St., Manatee St., Anita Forte Dr., Dolphin St., Holly Lane, Bay Shore Dr., Bogue Sound Dr., and Easy St. 11 -7- rx� ROGUE INLET x Bowe Point AREAS OF PUBLIC ACCESS IN E MALD ISLE Z 80GUE SOUND Fishing Pier Emerald Isle Easements ATLANTIC OCEAN • PART VI: SHORELINE ACCESS NEEDS Review of existing access sites reveals that the greatest need in terms of shoreline access is transportation related. Public access points are of little value if transportation facilities are not available. Parking space for cars requires about 200 square ft. per car. Also, additional area is needed for turnaround space and other facilities such as trash cans, dumpsters, etc. Shoreline property is generally quite expensive and therefore difficult to obtain for such uses as parking lots. Furthermore, zoning restrictions often make it difficult to provide for parking facilities in residential dis- tricts. Many communities do not allow street parking, eliminating another me- thod of parking near public access points. The Town of Cape Carteret has shoreline access difficulties on both the sound and the ocean. Increase in Demands By the Year 2000, the population of Cape Carteret is anticipated to about double from its present estimated population of 1250. Trends of increasing in- come, population and more leisure time appear to be placing more and more demands upon recreational facilities. Greater vacation home and commercial development of shoreline areas will remove open areas and continue to make public access more and more difficult. As tourism is promoted, the available space for local residents decreases. Although recreation standards are difficult to apply to a small town, the following could be applied in terms of shoreline access: Boat access areas and marinas One-half acre/thousand population Ocean waterfront parks Estaurine waterfront parks Visual enhancement areas —10— Two acres/thousand population One acre/thousand population One-half acre/thousand population • Opportunities for the Handicapped In the Town of Cape Carteret* the parking areas near the boat launch sites offer access to those on wheelchairs for scenic use, 10 since the area is flatv and grassy or paved. However# places for fishing should be provided (low rails and barriers to allow both closeness to Dhe water and safety. Protective rails should be installed to protect the blind from danger near the water's edge. Any recreation areas on the ocean beach should have planked walkways for access bu wheelchair (planks should not be gapped). Public recreation programs established in connection with beach access should provide boat rides# tours, fishing etc. for the handicapped. If a bus or van is considered to transport persons to Emerald Isle for ocean access# the vehicles should have accomodations for the handicapped• • For the Town of Cape Carteret, the standards would apply as follows: is Year 1980 Year 2000 Boat access areas and marinas .63 acres 1.10 acres Ocean waterfront parks 2.51 acres 4.42 acres Estaurine waterfront parks 1.26 acres 2.21 acres Visual enhancement areas .63 acres 1.10 acres Total 5.03 acres 8.83 acres The greatest need for the Town of Cape Carteret appears to be in the area of formal parks and associated parking. —11— • PART VII: RECWv,,,VENJATI0NS Sound Access The Town should esquire Town owned wound parks and facilities. Present arrangements with developers for leasing two boat launch areas should be thought of as a "stopgap" measure. As development pressure increases in the Town, areas presently under lease may be developed by the owner. Furthermore, the small parking areas and the few picnic tables will have to be increased. Also, the Town needs to consider rest room facilities for the -park users. As boating interest continues to increase, the Town should also consider public docks as part of the marina developments. The Town should establish Public access areas at the ends of dedicated streets for scenic vistas, picnicing, and fishing. • Small parking areas should be designated along these access points. Ocean Access The focal point for Cape Carteret residents for ocean access is Bogue Point. This area has historically been of interest to the public due to its vantage on the ocean and the White Oak River, making it an area of valuable visual vista. Furthermore, the area is close to the Town of Cape Carteret residents by virtue of the Cameron Langston Bridge. Due to the recent actions of the Town of Emerald Isle, the public is no longer allowed to park on the streets near the point. Although public access is available at the end of Bogue Street, lack of public parking vir- tually prohibits intensive public use of the point. —12— The Corps of Engineers is studying Bogue Inlet and beach erosion problems on several miles of Emerald Isle oceanfront. It is possible that the Corps • would require public access in connection with any improvements made by the Corps. Should this not occur in a method or time period which is satisfactory, the Town of Cape Carteret could determine a course of action to provide access for Town residents. Presently, the Town of Emerald Isle's zoning ordinance does not permit the establishment of parking areas in residential zones. The Bogue Point is in a residential zone. The ordinance does, however, permit a park, a residential zone. Restrictive covenants on lots in the area also present a problem, although courts often have found these covenants to be invalid. Of probably greater restriction, however, is the social pressure regarding the Point. Legal actions by the Town of Cape Carteret to obtain access on the Point would be looked upon very unfavorably by Emerald Isle residents. • Alternatives for Ocean Access A& Direct purchase of land b.)� the Town of Cape Carteret on Bogue Point for the establishment of a "park" which would consist.priTarily of parking., Many lots are available for.a price of about $17,000.00 each. The Town could acquire through fee simple purchase -a lot or lots to provide parking, picnic tables, etc. for Cape Carteret residents. It appears to be legal to do so, although case law is sparse on such subjects in North Carolina, In Martin County vs Halifax County, (178 NO 26), it was determined that a county could purchase land .in another County for a bridge connection. Iri cases like these, most lawyers agree that such judgement world be even more liberally construed in the case of towns& -13- Of course, the question of restrictive covenants would be • an important consideration, as well as the unpopularity of such an action. Be The residents of the Town of Cape Carteret could create a recreation non-profit corporation. The corporation could purchase lots in Emerald Isle and develop a park. C. The Town of Cape Carteret could establish lease agreements with private businesses in Emerald Isle to use parking and access areas. D. The Town of Cape Carteret could purchase, lease or rent a small bus or van to commute Cape Carteret citizens to public access at Bogue Point. Be The Town of Cape Carteret could acquire commercially zoned lots in the Town of Emerald Isle for the purpose of a parking • lot and/or associated park. Consistency With CAMA Although the Bogue Point area is zoned residential, the area around Bouge Point is an AEC and is therefore subject to State regulation. The area is classified as an AEC Inlet iAmd. Inlet lands are lands adjacent to inlets having demonstrated a tendency or a probability of migrating along the Outer Banks, The AEC is defined using the past history of action of the inlet. The location of the.inlet is ` —14— • often a temporary one, such channels are often subject to considerable migzation. Coastal inlet lands are therefore, extremely dynamic land areas that are highly susceptible to becoming displaced by water. Highest priority shall be given to uses that do not involve the construction of !substr.,ntial structures. Although lands along Bouge Inlet are being offered for sale as residential property, it is apparent that it would be unlikely that a permit would be issuen for a residential r.3tructure on the point. Furthermore, the use of the area as a park would be consistent with the AEC Inlet Lands priorities, as well as with the Town of Emerald Isle's zoning ordinance which provides an 0 overlay district for these areas. s Funding The most common source of funding for acquiring lands for access to public beaches and other recreation projects is the US Department of the Interior's Land and Water Conservation Fund.(LAWCON) This source provides monies for acquisition of land for federally administered parks and matching grants for state planning of recreation, and state or local land acquisition or development. The LAWCON is managed by the Heritage Conservation and Recreation service and can provide a program for acquisition and development grants which may be used for projects. Funds are awarded •if communities meet conditions and provide 50% matching funds. Potezii-:dl funding sources are di-3cussed in Appendix C. —15— • Potential Costs The.major'cost associated with the establishment of a park on Emerald Isle is that of the land acquisition -and the paving of a parking lot. Parking, turn areas and a small area for picnic tables and refuse containers would require the purchase of two lots for a total of about $40,000.00, This would allow parking for about ?5 cars. Paving for this area would amount to about $15#000,00, A-n additional $5,000.00 might be needed for other costs(legal, administrative and contingencies) The total cost of $ 60,000,00 could be lessened by a 50% grant from LAWCON. The local share would then be $3090OO.0O. This could be financed with a general obligation bond and paid for through local taxes or the sale of parking stickers and fees collected at the site. Another possibility would be the purchase of a small bus or van to take residents to the beach. A small bus can be purchased for about $15,000.00. Drivers could be volunteers or paid a salary amounting to about $8,000.00 for the season. A lot large enough for parking in Cape Carteret could be purchased for about $15000.00. It could be paved for about $ Z5,OOO.0O. There are 3y other areas in the Town of Emerald Isle which- --a re zoned for commeraia development and could be considered close enough to the Ocean for beach access. These areas are 1) the water slide area on Islander Drive 2) the McLean property off Reed Drive in the vicinity 'of Islander Drive;' and 3) property at the end of Mangrove Drive in the vicinity of the Emerald Island Pier. • The parcel on Islander Drive has a total of 2.6 acres. It includes a paved area of 61,040 sq. ft. with a building which could be used for public facilities. Public access to the beach is available. The entire parcel sells for approximately $220,000.00. The owner is willing to work out various financial arrangements. The owner is willing to break up the parcel into three pieces and sell any or all of them. The areas are as followss Area A, 219800 sq. ft. for $35,000.00 area B, 309000 sq. ft. for $55,000.00 and area C, 61,040 sq* ft. for $160000.00. The area off Reed Drive, about one half mile east of Islander Drive offers= another possibility for a municipal park. An area perhaps five acres could be purchased for about $3009000.00. The area could used for both parking and and park facilities. Another area, near the Emerald Isle Pier, has lots zoned commercial which are owned by a number of individuals. There is a possibility that a lot or number of lots could be purchased or leased. An acre lot in the -'area could sell for about $40,000.00 —17— C�1 APPENDIX A NORTH CAROLINA COASTAL RESOURCES COMMISSION SHORELINE ACCESS POLICIES (a) Development shall not interfere with the public's right of access to the shorefront where acquired through public acquisition, dedication, or customary use as established by the courts. (b) The responsibility of insuring that the public can obtain adequate access to public trust resources or the ocean, sound, rivers and tributaries is primarily that of local governments to be shared and assisted by state and federal government. (c) Public beach area projects funded by the state and federal govern- ment will not receive initial or additional funds unless provisions are made • for adequate public access. This must include access rights, adequate identifi- cation and adequate parking. (See Erosion Projects Funds, 1979 General Assembly) (d) Policies regarding state and federal properties with shorefront areas intended to be used by the public must encourage, permit and provide public access and adequate parking so as to achieve maximum public use and benefit of these areas consistent with establishing legislation. (e) State and Federal funds for beach access will be provided only to lo- calities that also provide protection of the frontal or primary dunes. (f) The state should continue in its efforts to supplement and improve highway, bridge and ferry access to and within the twenty -county coastal area consistent with the approved local land use plans. Further, the state should wherever practical, work to add public fishing catwalks to appropriate highway bridges and should incorporate catwalks in all plans for new construction and for remodeling bridges. It is the policy of the state to seek repeal of ordinances preventing fishing from bridges except where public safety would be hazardous. A-1 • (g) In order to avoid weakening the protective nature of frontal dunes, no development will be permitted which would involve the removal or relocation of frontal dune sand or frontal dune vegetation. 15 NCAC 7H 0306 (c). The sands held in the frontal dunes are recognized as vital for the nourishment and protection of ocean beaches. (h) All land use plans and state actions to provide additional shorefront access must recognize the need of providing access to all socio-economic groups. (See Statutory Authority G.S. 113-A-102 (b); 113A-107; 113A-12A;) A-2 APPENDIX B TOOLS FOR AC4UIRING SHOkULINE ACCESS Legislation In North Carolina, public rights to use and access have been established only .in the foredune area on Ocean beaches. Legislation establishing a presumption of ,public rights of assess over the dry sand and uplands (through private pro- perty would be useful in North Carolina to help effectuate public access. Ag uisition In acquisition of access areas for public use many techniques can be used that include purchasing# donation, establishment via litigation, and application of land use control mechanisms. • Access by purchase of fee simple title is the most direct means of acquiring access. Acquisition of Less Than Fee Interest is another means by•which access can be obtained. Less Than Fee acquisition involves the granting by property owner of a limited right or Set- of rights to a second party. As a result, the property owner continu6s to hold title to the land and is free to use the land .in any manner which is consistent with the rights conveyed to the acquiring party. Four ways of acquiring land by less than fee simple interest are: A. Purchase of easements B. Prescriptive easements C. Conservation easements • Other means of acquisition are: A. Eminent domain D. Leaseholds D. Implied reservation B. Implied dedication C. Trades Post flood damage acquisition B-1 • Land Use Controls Through the use of certain land use controls, public shoreline access .is possible. A. Required pedestrian access B. Required dedication of roads to provide Access C. Water access lots in new subdivisions. Required pedestrian access.can be ,provided in zoning (for example requiring a public accessway frym a public roadway for each development involving recreation resource frontage. Required dedication affords public access by requiring the extention of roads or right-of-ways to the shore • and.dedication of these roads to the public. Water access lots can be acquired by requiring by subdivision ordinance in any waterfront development, water lots be set aside for the benefit of interion lot owners. The ordinance can require that each water access lot be dedicated.to tho public. B-2 APPENDIX C • POTENTIAL FUNDING SOURCES Land and Water Conservation Fund This grant assistance service is managed by the Heritage Conservation and Recreation Service and can provide 50% funding for recreation acquisition and develop- ment projects. Federal Flood Insurance Program Lands damaged substantially beyond repair can be acquired by state or local agencies for management and use, but must be used for at least forty years as a single land use. No funds have been appropriated for this purpose as yet. Regulations currently under development will require set- backs for new development in identified erosion prone areas. • in order to create a buffer which will be appropriate for open space. Federal DOT and FAA DOT funds can be used for the establishment of open space areas, bikeways, trails etc. for highway beauti- fication. During the development of airports, consideration is given to the use of land surrounding airports for park and recreation facilities. C-1 • BIBLIOGRAPHY Brower, David; Access to the Nation's-Beachesi Le ai ana riannin Perspectives; 197 . Emerald Isle, Town of; Zoning and Subdivision Regulations: 1975• De Chiara, J. and Koppelman, L., Urban Planning and Design Cris 1975- North Carolina General Statutes; 153A-158_and 160A-11i; Counties Recreation and Park Consultants; WIPZ ID r