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HomeMy WebLinkAboutLand Development Plan-1981II • lease do not remove!!!!! Division of Coastal Management HERTFORD, NORTH CAROLINA CAM& LAND DEVELOPMENT PLAN 1981 Town Council W. D. Cox, Mayor John Beers Jesse Harris Billy L. Winslow T. Erie Haste A. Marvin Hunter, Town Clerk Town Planning Board William L. Tilley, Chairman Robert Riddick George White Mary Harrell Ray Haskett Carl Skinner Technical Assistance by Howard T. Capps, P.A. Landscape Architect/Planning Consultant Elizabeth City, North Carolina a, Table of Contents Chapter I - Introduction A. Purpose of Land Development Plan 1 Chapter II - Data Collection and Analysis A. Present Population 3 B. Present Economy 4 C. Seasonal Population 5 D. Existing Land Use 1. Existing Land Use Introduction 9 2. Significant land use compatibility problems 9 3. Problems resulting from unplanned development 10 4. Areas experiencing or likely to experience changes in predominant land uses 10 5. Areas of environmental concern 10 Existing Land.Use Map Land Use Changes Since 1976 11 E. Current Plans, Policies and Regulations 1. List and summary of existing plans and policies 12 2. List and enforcement procedures for all local land use regulations 13 3. List of all relevant federal and state regulations affecting coastal land and water resources 13 F. Land Suitability and Constraints to Development 1. Physical limitations for development 16 a. Hazard areas (man-made/natural) 16 b. Soil limitations, shallow soils, poorly drained soils, limitations for septic tanks 18 c. Water.supply sources 18 d. Excessive slope areas (over 12%) 18 e. Fragile areas 18 f. Areas with resource potential 18 g. Capacity of community facilities 18 1. Existing water and sewer service areas 18 2. Design capacity of existing water and sewage treatment plants, schools and primary roads 20 3. Percentage' existing facilities are utilized 20 h. Estimated demand 1. Population and economy 21 2. Future land need 21 3. Community facilities demand 21 Chapter III - Policy Statements A. Resource Protection Policies 23 1. Policy on AEC areas - Estuarine Waters and Public Trust Waters 23 2. Policy on AEC areas - Estuarine Shorelines 25 3. Constraints to development (soils, flood -prone areas) 27 4. Special local resource development issues relative to 15 NCAC 7H 27 5. Hazardous or fragile land areas 27 6. Hurricane and flood evacuation needs and plans 27 B. Resource Production and Management Policies 1. Productive agricultural lands 28 2. Commercial forest lands 28 3. Existing and potential mineral production areas 28 4. Commercial and recreational fisheries 28 5. Off -road vehicles 28 C. Economic and Community Development Policies 1. Types and locations of industries desired 31 2. Local commitment to providing services to development 31 3. Types of urban growth patterns desired 32 4. Redevelopment of developable areas 33 5. Commitment to federal and state programs in the area 33 6. Assistance to channel maintenance 34 7. Beach nourishment 34 8. Energy facility siting and development 34 9. Tourism 34 10. Waterfront access 34 D. Continuing Public Participation Policies 1. Discussion of means by which public participation in planning matters was encouraged in plan update process 36 2. Description of the means to be used for public educa- tion on planning issues 36 3. Description of the means to be used for continuing public participation 36 E. Policy on other local issues 1. Second home development 36 .10 w Chapter IV - Land Classification A. Introduction B. Land Classifications C. Land Classification for Hertford Land Classification Map Chapter V - Synopsis 37 37 39 41 "The preparation of this report 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 Coastal Zone Management, National Oceanic and Atmospheric Administration." Chapter I Introduction A. Purpose of Land Development Plan The Town of Hertford prepared a Land Use Plan in 1976 in response to the Coastal Area Management Act, passed by the North Carolina Legislature in 1974. The purpose and intent of the act is best described in Section .0101 "Introduction to Land Use Planning" Subchapter 7B - Land Use Planning Guide- lines (as amended 9/l/79): .0101 Introduction (a) The Coastal Area Management Act of 1974 establishes a coopera- tive program of coastal area management between local governments and the state. Land use planning lies at the center of local government's involvement, as it gives the local leaders an oppor- tunity and responsibility to establish and enforce policies and guide the development of their community. (b) The purpose of the state guidelines is to assist local govern- ments in each of the 20 coastal counties and municipalities within those counties with the preparation of their own individual land use plans. Each county and the municipalities within the coastal counties are encouraged to develop a plan which reflects the desires, needs and the best judgement of its citizens. The land use plans prepared under these guidelines, when considered together, form the basis for a "comprehensive plan for the pro- tection, preservation, orderly development and management of the coastal area of North Carolina," which is the primary objective of the Coastal Area Management Act of 1974. Further in the guidelines in Section .0201 (c), the heart of why North Carolina communities and counties need to prepare land use plans is described. .0201 Introduction (c) Local governments, through the land use planning process, address issues and adopt policies that guide the development of their community. 1bny decisions affecting development are made by other levels of government, and local policies must take account of and coincide with established state and federal policies. Most decisions, however, are primarily of local concern. By carefully and explicitly addressing these issues, other levels of government will follow local policies that deal with these issues. Policies which consider the type of development to be encouraged, the density and patterns of development, and the methods of providing beach access are examples of these local policy decisions. More significant even than the "requirement" that communities prepare Land Use Plans every five years is the uses that are made of the local plans once they have been completed. In the publication, The Impact of State Regula- tion of Coastal Land In North Carolina, prepared by Charles D. Liner of the 1 Institute of Government at Chapel Hill, he noted the impact of local land use plans on state and federal decisions: ... Land -use plans , have a potential effect on ( local) land use because: (a) CAMA permits may notbe issued for development that is inconsistent with land -use plans (since CAMA permits are required only in AECs, this effect is limited to land within AECs). (b) Local ordinances and regulations that apply to AECs must be consistent with the land -use plan; local ordinances and regulations affecting land outside AECs are subject to review by the Coastal Resources Commission, which is autho- rized to recommend modifications to the local government. (c) Federal actions involving grants, licenses, permits, and development projects must be consistent with local land - use plans, as required by Section 307 of the FCZMA. (d) In accordance with the Governor's Executive Order Number 15, certain state agency actions and policies must be consistent with land -use plans. Over and above the requirements of the CAMA act and the uses of local plans by state and federal permitting agencies, the local land use plan can provide local elected and appointed officials and the citizenry an opportunity to evaluate where they are and where they want to be. It can be stated that the main purpose for updating the Hertford Land Development Plan is so that all issues related to economic and physical develop- ment can be discussed and a plan prepared which will provide a guideline for the future growth and development of the community. E Chapter II Data Collection and Analysis A. Present Population As discussed in the 1976 Perquimans County Land Use Plan, the Town of Hertford's population has remained approximately 2,000 people since 1910; however, as reflected in Table I, the Town has experienced a slight drop in population based on the 1980 Census figures. Specifically, the population has gone from 2,023 people in 1970 to 1,941 people in 1980, which represents a 4.1% drop in population. Table I Hertford Population by Township 1960 1970 1980 Bethel Township ED 860 Hertford (Part) -0- 14 138 Hertford Township ED 851 Hertford (Part) 2,068 2,009 1,803 Parkville Township ED 856 Hertford (Part) -0- -0- -0- Total Population 2,068 2,023 1,941 Source: U.S. Census Information Table I also reflects a large shift in population between 1970 and 1980 in the Bethel Township portion of Hertford. This shift was caused by the completion of public housing units at the intersection of U.S..17 By -Pass and Wynne Fork Road. Specifically, this area grew from a 1970 population of 14 people to 138 people in 1980. Because more detailed information is not available from the 1980 Census on specific details of population characteristics such as age and race, some _ assumptions must be made based on previous census information. • Based on the 1976 Land Use Plan, the Town of Hertford's population had a large percentage of citizens in the older age group. The plan also pointed out that the younger age group, 14 years of age and younger, was decreasing. Based on the 1980 Census figures which show a 4.1% reduction in population since 1970, it can be assumed that this is due primarily to deaths and some out -migration of younger citizens in search of better job opportunities. The specific reasons for the drop in population will become more evident when the entire results of the 1980 Census are published. 3 B. Present Economy Hertford is the retail center of Perquimans County, with the majority of retail business being located in the CBD area or at the shopping center on Grubb Street. Because the population of Hertford is under-2,000 people, detail figures on economic activity are not available for the Town. Figures reflecting retail sales for the County are shown in Table I. Because most of the retail businesses are located in the Town of Hertford, these figures should be reflective of the general economic condition of the retail businesses in Hertford. Based on that assumption, the figures indicate that very little progress has been made in increasing retail sales as reflected in the modest gains in gross sales for the month of February and March of 1981 over the same period of 1980. However, there was a substantial gain in sales during January, 1981, compared to January of the previous year. 1979-80 Sales Table I Retail Sales ()81 SA1-P_S Difference in Sales Dec. 179 $2,841,117 Dec. 180 $2,628,547 .-212,570 Jan. 180 2,123,723 Jan. 181 2,796,305 +672,582 Feb. 180 2,294,616 Feb. 181 2,297,859 + 3,243 Mar. 180 2,651,772 Mar. 181 2,654,233 + 2,461 As shown on Table II, the 1978 Labor Force for Perquimans County had 450 persons employed in manufacturing jobs, 1,210 in non -manufacturing, 430 in agriculture and 300 self-employed in non-agricultural jobs. Of the 1,210 in non -manufacturing jobs, 450 persons are employed in government work with 410 in the trades. Illustration III shows the Manufacturers Production Average Wages for 1979 in Region R and Tidewater Virginia. Of the ten -county Region, Perquimans County has the fourth -lowest average wage for manufacturing jobs. Camden, Hyde and Tyrrell Counties averaged $3.10 per hour in 1979, with Perquimans County at $3.20 per hour. Tidewater Virginia is at $6.19 per hour, double that of Perquimans County. Based on information from the Employment Security Commission, 203 individuals are traveling to Tidewater Virginia for jobs in manufacturing. Although this trip requires three hours of travel per day, many Perquimans County workers find the driving worth the increase in wages as reflected in Illustration III If these manufacturing job opportunities were available in the County or Region, many of the individuals would then have the choice of working closer to home. If these jobs could be provided, it could be anticipated that they would have more disposable income to use in the local.economy rather than spending it on the high cost of commuting to Tidewater Virginia for work. 4 Table IV provides a Labor Profile of Perquimans County based on 1978 information. In 1978, there were 3,430 individuals in the civilian labor force with 3,290 employed. As shown on Table IV, the highest non -manufacturing job classification wage is Transportation, Communication and Public Utilities at $206.04 per week. This represents an annual income of $10,714 per year. Government workers, with annual average insured weekly wages of $172.92 or $8,991.84 per year, is the only other job group with an annual income of over $8,000. All other groups have an annual income of less than $8,000 based on 1978 data. Based on Employment Security Commission information, Perquimans County in 1979 had 2,334 underemployed persons making less than $8,000 per year. Summary Base data was assembled from several sources including the Soil Conservation Service, Employment Security Commission, Department of Transportation, Depart- ment of Revenue and the Census Bureau. Based on the initial 1980 census figures, the Town of Hertford has lost population. Because of the lack of detailed 1980 census information, it was assumed that some of the population loss was due to deaths and some out - migration of younger citizens in search of better job opportunities. Employment Security Commission data shows many citizens are employed in non-agricultural and non -manufacturing jobs. Based on the same source of information, 203 residents of Perquimans County and Hertford are traveling to Tidewater, Virginia, for manufacturing jobs which pay an average of approx- imately twice as much as the rate paid in Perquimans County. It is apparent that if the trend to out -migration is going to be stopped during the planning period, the officials and citizens of Hertford are going to have to work together to provide more jobs and better paying jobs for area citizens. This must be done in both the retail and manufacturing segments of the economy. C. Seasonal Population Hertford does not have any seasonal population to speak of. However, during discussions with the Planning Board and Mayor it is agreed that some recreational fishermen do visit the community, primarily on weekends for events such as bass fishing tournaments, and that this type of activity should be encouraged and promoted. 5 Table II PERQUIMANS COUNTY WORK FORCE (JOBS IN COUNTY) Other manUTacturing Nonmanufacturiny Agri. Nonag. 450 " (1,210) (430) =(300) I • 3000 2 500 t 2000 1500 II 1000 . 900 800 700 600 500 450 _ 410 430 400 390 300 300 200 120 100 60 50 90 60. 30 0 Food Apparel Lumber & Other Const. Trans. Trade Fin. Serv. Gov. Other .Agri. Other (Self- Wood (Appare Employed Metals, M Const. & Transp. Source: Elizabeth City Employment Security Commission 6 i Illustration III WAGES (Mfg. Production Average - 1979) NORFOLK-VA BEACH- PORTSMOUTH S14SA (Includes CURRITUCK County) Source: Elizabeth City Employment Security Commission Table IV ` LABOR PROFILE PERQUIMANS COUNTY, NORTH CAROLINA 1 1978 1970 1960 1970-78 1960-70 TOTAL POPULATION Estimates Census Census Change ,'. Change . County 81800 8,351 9,178 5.4 _9.•0 Hertford 1,930 2,023 2,068 -4.6 -2.2 Population Characteristics Georraphfc Distribution Number Percqnt Population per square mile 35.7 (1978) Female 4,600 52.3 Population within a 25 mile radius of Nonwnite 3,600 40.8 Hertford 66,605 (1970) LABOR FORCE ESTIMATES 1978 1977 1976 1975 1974 Civilian Labor Force 3,430 3,060 3,320 3,260 2,990 Unemployment, Total 140 170 180 200 120 Unemployment Rate 40 5.6 5.4 6.1 4.0 Employment, Total 3,290 2,890' 3,140 3,060 2,870 Agricultural 430 470 560 540 520 flonag. Wage d Salary 2,560 2,160 2,310 2,240 2,090 All Other Nonae. 300 260 270 280 260 INDUSTRIAL STRUCTURE - 1978 Annual average Number of Firms Emolovment Insured Weekly Waaes Total Nonag. Wage d Salary 174 1,551 S 138.99 Manufacturing 16 446 126.91 14 ` Nonmanufacturing 158 1,105 142.71 Construction 23 115 150.50 Transp., _Comm. d Public Utilities 7 28 Trade 206.04 69 398 140.12 Finance, Insurance b Real Estate 6 46 125.42 Services 26 78 73.96 Government 23 367 172.92 Other 4 73 MEW AND EXPANDI`G INDUSTRY PLANT CLOSINGS a PEIZNANENT, LAYOFFS ` Number of Firms Employees Number of Firms Employees 1973 - - 1978 .979 _ _ 1979 Source: Elizabeth City Employment Security Commission $ D. Existing Land Use 1. Existing Land Use Introduction As discussed in the 1976 Land Use Plan and reflected on the 1976 land use map, Hertford's land use is primarily residential, agricultural and wooded. The Town's northern boundary runs along the Perquimans River, with the northwestern section of Hertford containing most of the residential and commercial development. Specifically, commercial develop- ment is concentrated in the CBD area with additional commercial development at the shopping center on Grubb Street. Public land uses include the municipal building complex between Grubb Street and the river, the Library, Park and recreation office also located on Grubb Street and backing onto the Perquimans River. The City fire station and ice plant also represent a large land area in public use. The southwestern quadrant of the com-- munity is primarily agricultural in use with the exception of a gas storage area and small industrial site adjacent to the railroad tracks at Wynne Fork Road. In an effort to update existing land use information from the 1976 plan, a windshield survey was conducted. Based on that survey and discussions with the Town Manager, it was determined that only a few minor changes have taken place since the 1976 plan was prepared. Artie Drive is a new street that has been added to the street system with some residential development. Also in the same area of Hertford, Gaston Drive has been extended with several nice homes being developed along this new section of street. Several new homes have been developed along Wynne Fork Road just outside the Town Limits. In the King Street area, 33 substandard houses have been demolished since 1976 through the Town's Community Development Program. Also, the Town has acquired one oil company site adjacent to the municipal building for expansion of the municipal facilities. A vacant industrial site located on Grubb Street and the Perquimans River is being converted into a water -based recreation facility. The Town has also acquired what was in 1976 a private recreation facility behind the public library for public recreation use. The facility includes two tennis courts, an open play area and remodeled building used by elderly citizens in Hertford. There have been no major residential developments in Hertford since the 1976 Land Use Plan was prepared. 2. Significant Land Use Compatibility Problems One significant compatibility problem that presently exists, as it did during the preparation of the 1976 plan, is the fuel storage facilities along the Perquimans River. The 1976 plan discussed the fact that the close proximity to residential areas had some potential hazards. Since 1976 this was found to be true because of a major fire which destroyed one oil company and at one time threatened the downtown area of Hertford. However, another oil company still remains on the waterfront and presents the same potential hazard for surrounding residences. . Another potential compatibility problem is the location of a bulk gas storage facility and industrial site used by FCX at the intersection 9 of Wynne Fork Road and the Norfolk Southern Railroad. Because these facilities are located in what will most likely be developed for residential use,in the future, they may have an adverse affect on land values for residential development and thereby affect the quality of future residential development. However, residential development in this area will most likely not take place during the ten-year planning period. It is an area that the Town should consider for zoning to guide and control future development. As can be seen on the land use map, residential development is already beginning to take place on Wynne Fork Road west of Edenton Road. 3. Problems Resulting From Unplanned Development Problems resulting from unplanned development are primarily associated with areas that were developed before subdivision regulations. Much of this early development did not allow adequate street widths, and thereby has created crowding conditions such as those found on King, Dobb and Market Streets west of Edenton Road. These same conditions existed in the King Street, Covent Garden, Gum Street area, but are being corrected through a community development project. 4. Areas Experiencing or Likely to Experience Changes in Predominant Land Uses The area adjacent to the intersection of U.S. 17 Bypass and Church Street has been changing with the development of two service stations and a restaurant. This changing in land use from agriculture to commercial can be expected to continue. Depending on the promotional efforts for the Newbold -White House and the number of visitors using Church Street to visit this historic site, this area has some potential to develop with services to meet the needs of tourists visiting the area. 5. Areas of Environmental Concern There are three areas of environmental concern in Hertford: Estuarine Waters, Public Trust Waters and Estuarine Shorelines. The Perquimans River and Castleton Creek make up the Estuarine Waters and Public Trust Waters. The land area within 75 feet of these estuarine waters make up the Estuarine Shoreline. These areas of environmental concern are discussed in more detail in Chapter III. lim Nlfti�s EXISTING LAND USE MAP Alfa j or Land Use Changes Since 1976 1. Former industrial site purchased by Town for water- H ER T F O R D front park. NORTH- CAROLINA 2. Former oil company site purchased by Town to provide additional space for municipal building and parking. 3. Blighted area has been cleared by Town utilizing a , HUD grant. New standard street system to be developed. 4. Former agricultural area converted to residential area. New street construction. 5. Gaston Drive extended with new residential development. 6. New restaurant and service station facility constructed.;-'�" E. Current Plans, Policies and Regulations 1. List and Summary of Existing Plans and Policies a. 1976 Perquimans County Land Use Plan b. 1979 11201" Facilities Plan c. 1978 Housing Assistance Plan d. 1977 Hertford Community Development Plan e. 1977 Recreation and Open Space Plan f. 1978 Community Facilities and Public Improvements Plan g. 1977 Downtown Improvements Plan In 1976, Hertford was included as part of Perquimans County's Land Use Plan. Several of the goals established during the planning process have been implemented or are in the process of implementation. Specifically, the plan called for establishment of an inspection department which has now been established. The plan also called for enforcement of the building code with periodic building inspection. This has been an on -going process since establishment of the inspection department, with several structures being either demolished or renovated since 1976. The plan also called for alleviation of problem areas in the Town such as poor . housing. This has been accomplished through a Community Development Block Grant that was received in 1977. The provision of more public boat facilities and scenic outlooks was called for. The Town has completed one part of this objective by redevelopment of an existing boat ramp utilizing a Soil Conservation Grant and Coastal Plains Supplemental Grant. r jf The Town is also in the process of developing a water -based recreation facility on the Perquimans River that will serve as a passive and active recreation facility and scenic outlook. yc re The desirability of establishing an historic district and supporting the promotion of tourism was recommended. Shortly after completion of the �; 1976 Land Use Plan, the Town, in cooperation with the County, arranged to have Archives and History staff members prepare a detail analysis of existing historic structures located in the Town and County. This infor- mation will be published in the near future and can be used in establishing a local historic district. Seeking more industry was of great concern in the 1976 Land Use Plan. rtY`G10--'y� °~ Since 1976, the Town of Hertford, in cooperation with the County, has JayL4z� worked hard to recruit new industry. The Town, through its efforts, C�V its, has been designated by the Governor as a.Community of Excellence. The 1979 11201" Facilities Plan has reviewed current wastewater treatment facilities and capacities and has made recommendations on needed improvements. The Housing Assistance Plan was prepared to give Hertford a compre- hensive plan to provide goals and guidance in addressing housing needs of the community. The 1977 Community Development Plan was prepared and funded by HUD. The purpose of•the plan was to eliminate blighting conditions and substandard housing in the community. This plan has been implemented since the 1976 Land Development Plan was prepared. 12 Several suggestions made in the 1977 Recreation and Open Space Plan have been or are being implemented. Specifically, the municipal boat docking facilities have been improved with wider boat ramps and • docks and additional parking for boat trailers. The private recreation facilities located at Grubb Street and W. Academy have been purchased by the Town for public recreational uses. The water -based recreational facilities between Grubb Street and the Perquimans.River are now being developed. The Community Facilities and Public Improvements Plan prepared in 1978 is an update of the plan prepared in 1967. The purpose of the plan is to outline municipal needs and priorities for capital expenditures. The Downtown Development Plan made recommendations on parking, street scape and facade improvements for the CBD area. 2. List and Enforcement Procedures for All Local Land Use Regulations a. 1980 Zoning Ordinance b. Subdivision Regulations c. CAMA Permits d. Building and Electrical Inspection e. Flood Insurance Program The Hertford Planning Board administers both the 1980 Zoning Ordinance and Subdivision Regulations. Mr. Keith Haskett administers minor CAMA permits. Mr. Sam Long administers the Building and Electrical Code compliance and inspection. Flood insurance requirements are administered by the building inspector. 3. List of All Relevant Federal and State Regulations Affecting Coastal Land and Water Resources Listed below are very brief descriptions of the types of developments which may come under the jurisdiction of various state and federal agencies. Some of these types of development may never take place in Hertford, but it is considered necessary to list all pertinent agencies which could exercise influence on various potential developments. Department of Natural Resources and Community Development, Division of Environmental Management: 1. Permits to discharge to surface waters or operate waste water treatment plants or oil discharge permits; NPDES Permits (G.S. 143-215) 2. Permits for septic tanks with a capacity over 3000 gallons/day (G.S. 143-215.3) 3. Permits for withdrawal of surface or ground water in capacity use areas (G.S. 143-215.15) 4. Permits for air pollution abatement facilities and sources (G.S. 143-215.108) 5. Permits for construction of complex sources; e.g. parking lots, sub- divisions, stadiums, etc. (G.S. 143-215.109) 6. Permits for construction of a well over 100,000 gallons/day (G.S. 87-88) 13 Department of Natural Resources and Community Development, Office of Coastal Management: 1. Permits to dredge and/or fill in estuarine waters, tidelands, etc. ( G.S.113-229 ) 2. Permits to undertake development in Areas of Environmental Concern (G.S. 113A-118) Note: Minor development permits are issued by the local government. Department of Natural Resources and Community Development, Division of Earth Resources: 1. Permits to alter or construct a dam (G.S. 143-215.66) 2. Permits to mine (G.S. 74-51) 3. Permits to drill an exploratory oil or gas well (G.S. 113-381) 4. Permits to conduct geographical exploration.(G.S. 113-391) 5. Sedimentation erosion control plans for any land -disturbing activity of over one contiguous acre (G.S. 113A-54) Department of Natural Resources and Community Development, Secretary of NRCD: 1. Permits to construct an oil refinery Department of Administration: 1. Easements to fill where lands are proposed to be raised above the normal high water mark of navigable waters by filling (G.S. 146.6(c)) Department of Human Resources: 1. Approval to operate a solid waste disposal site or facility (G.S. 130- 166.16 ) 2. Approval for construction of any public water supply facility that furnishes water to ten or more residences (G.S. 130-160.1) Army Corps of Engineers (Department of Defense): 1. Permits required under Sections 9 and 10 of the Rivers and Harbors Act of 1899; permits to construct in navigable waters 2. Permits required under Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 3. Permits required under Section 404 of the Federal Water Pollution Control Act of 1972; permits to undertake dredging and/or filling activities Coast Guard (Department of Transportation): 1. Permits for bridges, causeways, pipelines over navigable waters; required under the General Bridge Act of 1946 and the Rivers and Harbors Act of 1899 2. Deep water port permits Geological Survey, Bureau of Land Management (Department of Interior): 14 1. Permits required for off -shore drilling 2. Approvals of OCS pipeline corridor rights -of -way Nuclear Regulatory Committee: 1. Licenses for siting, construction and operation of nuclear power plants; required under the Atomic Energy Act of 1954 and Title II of the Energy Reorganization Act of 1974 Federal Energy Regulatory Commission: 1. Permits for construction, operation and maintenance of interstate pipelines facilities required under the Natural Gas Act of 1938 2. Orders of interconnection of electric transmission facilities under Section 202 (b) of the Federal Power Act 3. Permission required for abandonment of natural gas pipeline and associated facilities under Section 7C (b) of the Natural Gas Act of 1938 4. Licenses for non-federal hydro -electric projects and associated transmission lines under Section 4 and 15 of the Federal Power Act 15 F. Land Suitability and Constraints to Development 1. Physical Limitations for Development a. Hazard areas (man-made/natural) As discussed earlier, the only potential man-made hazard affecting Hertford is the fuel oil storage facility located between Grubb Street and the Perquimans River. This facility is in close proximity to both residential and commercial areas. The facility has the obvious hazard of fire or explosion. b. Soil limitations During the preparation of the 1976 Land Development Plan, only a general soils map was available for the Town and County. Since 1976, the Soil Conservation Service, in conjunction with the Department of Natural Resources and Community Development, has been working on a detail soils report which is now partially complete in draft form. The assistance of a soil scientist should be used for detail interpretation of soil conditions. Soil Types in Hertford, N. C. Symbol Soil Mapping Unit Name UL Urban Land 56 Augusta -Urban Land Complex 58 State -Urban Land Complex 94 Dorovan Muck 385B State Fine Sandy Loam 430A Altavista Fine Sandy Loam 569 Augusta Fine Sandy Loam 876 Tomotley Fine Sandy Loam The above soil types and abbreviations are found in the Soil Survey for Perquimans County. Hertford is shown on maps 17 and 25 in that report. UL Urban Land - Areas where more than 85% of the area is covered with streets, buildings and parking lots, etc. This soil type has been greatly altered by cutting, filling and grading. Excessive water runoff from roofs, roads and parking lots which can increase flooding hazards on lower lying areas. Severe hazard of waterway Siltation from areas that are graded and not immediately stabilized. Slopes in this area range from 0 to 6%. 56 Augusta -Urban Land Complex - This soil type consists of 70% Augusta and 10% urban land. This is.nearly level, somewhat poorly drained soil in shallow depressions and in low, smooth ridges adjacent to small streams. 58 State -Urban Land Complex - This is well -drained soil on slightly rounded ridges adjacent to the Perquimans River and along small streams. 94 Dorovan Muck'- This nearly -level, very poorly drained soil is on the floodplain of the Perquimans River and larger streams that flow into the river. This soil is composed of highly decomposed organic matter. This soil floods frequently for long periods of time and is not suitable for septic tank use because of high water table, frequent flooding and slow percolation. This soil also has severe problems for building sites or road development. 385B State Fine Sandy Loam - This well -drained soil is on slightly rounded ridges adjacent to the Perquimans River and along small streams. Permeability is moderate to moderately -rapid. The seasonal high water table is below a depth of 6 feet. The potential for urban and recreational uses is high with only slight problems being anticipated for septic tank use or foundation construction. 430A Altavista Fine Sandy Loam - This nearly -level somewhat poorly drained soil is in depressions and on low smooth ridges adjacent to small streams and waterways. Permeability is moderately rapid. The seasonal high water table is within 1 to 2.5 feet of the surface. Potential for most urban uses is low because of wetness and seasonal high water table. Extensive drainage and site modifications improve the potential for dwelling construction and septic tank use. 569 Augusta Fine Sandy Loam - This nearly level somewhat poorly drained soil is in shallow depressions and low smooth ridges adjacent to small streams. Permeability is moderate with the I seasonal high water table within 1 to 2 feet of the surface. The potential for most urban uses is low because of wetness and seasonal high water table. Extensive drainage and site modifications improve the potential for dwellings with septic tank absorption fields. The potential for most recreational uses is low because of wetness. 876 Tomotley Fine Sandy Loam - This nearly level poorly drained soil is on flats and in slight depressions. The organic matter content of the surface layer is medium. Permeability is moderate to moderately slow, with the seasonal high water table within 1 foot of the surface. The potential for most urban uses is low because of wetness and seasonal high water table. Extensive drainage and site modifications improve the potential for dwellings with septic tank absorption fields. The potential for most recreational uses is low because of wetness. Based on the soil survey, the area on the north and south side of Grubb Street extended and west of the Town Limits has the best soils for urban development; specifically, the area shown with State Fine Sandy Loam 385B and Altavista Fine Sandy Loam 430A. The area west of the Town Limits and now in agricultural production shown with Augusta Fine Sandy Loam also has some urban development potential, but development costs for roads would probably be higher because of soil characteristics. It is recommended that this area be developed only if water and sewer lines 17 are extended to the area and septic tanks are not used because of this area's close proximity to the Town's two well fields which are located north of Wynne Fork Road and adjacent to the Norfolk Southern Railroad line. The area east of Edenton Road between Castleton Creek and Wynne Fork Road is also an excellent area for urban development with the State Fine Sandy Lgam 430A and Altavista Fine Sandy Loam 385B being the predominant soil types. . c. Water supply Two deep wells are located north of Wynne Fork Road and west of the Norfolk and Southern Railroad lines. These two wells have a combined pumping capacity of 600,000 gallons a day. Although the capacity of the system is excellent, several areas of Hertford are served by inadequate sized 2" lines. d. Excessive slope areas As shown in the detail soils report, there are no areas in Hertford with slopes over 6%. e. Fragile areas Hertford contains one natural area which is fragile, specifically the Perquimans River and its tributaries. The community and local officials expressed their concern for this fragile resource in the results of the planning questionnaire and in the policy statement pertaining to the river. Man-made fragile areas include the many historic structures located in Hertford. The specific structures of historic significance will soon be published by the State as part of the historic site inventory for Hertford and Perquimans County. f. Areas with resource potential The Planning Board discussed areas of the Town that are presently under agricultural production and felt that they were not unique agricultural areas. They also determined that the Town does not contain valuable mineral sites or publicly -owned forests or privately -owned wildlife sanctuaries. g. Capacity of community facilities 1. Existing water and sewer service areas As discussed earlier, the Town has two deep wells that can produce 600,000 gallons of water per day. The Water System Map - shows the location of existing water lines which serve all of the developed section of Hertford. The only major water line extension made in recent years was the extension of lines along Wynne Fork _ Road to serve the public housing site on U.S. 17 Bypass. The existing 0.300 mgd Hertford secondary treatment facility was placed in operation in 1967 when major improvements to the collection system were completed. The plant performance has been 18 satisfactory; however, infiltration and inflow (I/I) experienced during wet weather result in flows that exceed the plant capacity. As part of the 11201" study, an Infiltration/Inflow Analysis was undertaken to determine if extraneous water entering the collection system was excessive. The analysis concluded that it would be more economical to rehabilitate portions of the system and reduce the quantities of I/I than it would be to construct facilities to treat the extraneous flows. The Existing Sewer System I&p shows the present layout of the system. 2. Design capacity of existing water and sewage treatment plant, schools and primary highways The 600,000 gallon capacity of the water system is considered adequate to meet the current and projected needs for Hertford. The Town's sanitary sewer system can handle the needs for 3,000 people, but will not be considered adequate until the infiltration problems can be addressed as recommended in the 1979 11201" Facilities Plan prepared by Wm. F. Freeman Associates. The Town of Hertford is served by four schools in the Per- quimans County,School System. Table I provides information on each school. Table I 1981 Design* Mobile Units Year School Students Capacity in Use Built Perquimans Central 339 375 1 1935 Hertford Grammar 367 425 1 1952 Perquimans Union 453 500 0 Perquimans High School 560 650 0 1926 (1980 renovation) *Design capacity reflects current additions or renovations currently in place and normal class size based on recognized state standards. Based on information provided by the Superintendent of Schools, the facilities listed above should be adequate to serve the needs of Hertford citizens during the next 10 years. This is based on a recent trend toward a decrease in student population until recently when the population stabilized below the design capacity of each of the schools in the system. The school system has recently completed Phase I improvements to the high school which included the construction of 12 classrooms, renovated library, 2 dressing rooms and administrative space. Phase II calls for the replacement of the two-story building. Phase III calls for the renovation of the vocational complex. Additional classrooms are.planned for both Hertford Grammar and Perquimans Central. Expanded library facilities at Hertford 19 Grammar are also planned, with modifications to accommodate the handicapped being planned for all schools in the system. The only primary road in Hertford is U.S. 17 Bypass, which is a major link from the Piedmont section of North Carolina to the Outer Banks. This is a two-lane limited access highway running through the eastern section of Hertford. 3. Percentage existing facilities are utilized (a) Water system The Town is currently running the two deep wells between 10 to 12,hours per day and producing from 250,000 to 300,000 gallons of water per day. This is approximately one half the volume of water the system is designed to produce on a daily basis. (b ) Sewage treatment plant The sewage treatment plant is,often operating at design capacity of 300,000 gallons per day. This is due primarily to infiltration into the system. However, the 11201" study identified this problem and the Town is presently using cameras to survey the system for leaks with plans to address the problem utilizing clean water funds from the State. (c) Schools As shown in Table I above, all four schools are presently under-utilized based on the number of students in each school and the actual design capacity. Perquimans Central had 36 fewer students than its design capacity. Hertford Grammar had 58 fewer, Perquimans Union had 47 fewer and Perquimans High School had 90 fewer students. (d) Primary Roads 1980 traffic counts showed a volume of 4,100 vehicles per day traveling along U.S. 17 between State Road 1338 and the Perquimans River bridge. To determine the capacity of the major thoroughfare, the Department of Transportation provided the following information: Using a 60% directional factor and a 12% hourly factor, this section of highway is carrying approximately 300 vehicles per hour. This does not take into consideration possible increases in use during the summer months by vehicles travel- ing to the beach. The Department of Transportation classifies highways between A and F, with A being the most efficient highway section and F being the worst. A good level of service is the B catagory, and the Department of Transportation uses this level when designing highways. Based on the above - referenced factors, this section of highway could triple the 20 number of vehicles using the road and still be considered a B level system. , h. Estimated demand 1. Population and economy The State of North Carolina Department of Administration makes periodic estimates of population growth for every county in the State. These estimates are derived from mathematical models which include many variables, such as location within the State, past population trends and new industrial locations. The most recent estimate for Perquimans County calls for a 1990 county population of 9,800. Based on the recently released county census figures for 1980, showing 9,486 people in the county, it seems quite possible that this 1990 estimated population for the county will be reached. Because Hertford has a population under 5,000 people, the Department of Administration cannot provide population estimates for Hertford in 1990. Therefore, it is necessary to make a population estimate for 1990 based on the best information available. It is apparent from 1980 census figures that the county as a whole is increasing in population while the Town of Hertford is decreasing in population. As indicated in the 1980 Perquimans County Land Use Plan, most of the county's increase in population between 1970 and 1980 took place in the Bethel, New Hope and Parkville townships. It is assumed in the County land use plan that since these areas exhibited the greatest growth during the period between 1970 and 1980, that they can be expected to receive the majority of the county's growth during the next 10 years. This growth will be in the form of strip residential development in the County and along the river and sound. For planning purposes it appears reasonable to assume that during the next 10 years the Town, through industrial development efforts and possible annexation, can at a minimum stop the population loss. Therefore, the 1980 census figure of 1,941 people will be used for the 1990 population estimate. The designation of Hertford as a Community of Excellence and its continued cooperation with the County should enable the Town to locate some new industry in the community during the next 10 years. However, it is impossible to forecast the number of jobs that may be created during the next 10 years. The citizens' and local officials' interest in promoting the heritage of the community as an economic resource can also be expected to have a positive economic impact on the community. However, the exact affect this might have on the local economy is difficult to estimate. 2. Future land needs Based on the estimate that during the 10-year planning period the Town will retain approximately the same population, all future residential, commercial and industrial development can easily be accommodated within the Town's limits. The Town should encourage development of existing platted lots and redevelopment 21 of substandard in -town locations during the planning period. 3. Community facilities demand All community facilities should be adequate to serve the needs of Hertford during the planning period. The Town should continue to work, however, on resolving the infiltration problems that are now being experienced with the sewer system. The school administra- tion should continue to upgrade their facilities as called for in the master plan. In continuing to work in both of these areas the Town of Hertford can be made more attractive for industrial prospects during the planning period. 22 Chapter III Policy Statements A. Resource Protection Policies - AEC's 1. Estuarine Waters and Public Trust Areas a. Importance: Estuarine waters are defined in G.S. 113A-113 (b)(2) as, "all the water of the Atlantic Ocean within the boun- dary of North Carolina and all the waters of the bays, sounds, rivers, and tributaries thereto seaward of the dividing line between coastal fishing waters and inland fishing waters, as set forth in an agreement adopted by the Wildlife Resources Commission and the Department of Conservation and Development filed with the Secretary of State entitled "Boundary Lines, North Carolina Commercial Fishing - Inland Fishing Waters," revised March 1, 1965." Public trust areas are "All waters of the Atlantic Ocean and the lands thereunder from the mean high water mark to the seaward limit of State jurisdiction; all natural bodies of water subject to measurable lunar tides and lands thereunder to the mean high water mark; all navigable natural bodies of water and lands there- under to the mean or ordinary high water mark as the case may be, except privately owned lakes having no public access; all waters in artificially created bodies of water in which exists significant public fishing resources or other public resources, which are access- ible to the public by navigation from bodies of water in which the public has rights of navigation; all waters in artificially created bodies of water in which the public has acquired rights by prescrip- tion, custom, usage, dedication or any other means. In determining whether the public has acquired rights in artificially created bodies of water, the following factors shall be considered: (i) the use of the body of water by the public; (ii) the length of time the public has used the area; (iii) the value of public resources in the body of water; (iv) whether the public resources in the body of water are mobile to the extent that they can move into natural bodies of water; (v) whether the creation of the artificial body of water required permission from the State; and (vi) the value of the body of water to the public for navigation from one public area to another public area. Although estuarine waters and public trust areas are treated separately in the CANA Guidelines, they will be considered as one for the purpose of this update. The distinction drawn between them in the guidelines is an artificial one and has no basis other than as a political division between the commercial and sport fisheries interest. The significance of both areas is identical as are the appropriate land uses. The estuaries are among the most productive natural environ- ments of North Carolina. They support valuable commercial and sports fisheries of the coastal area and are utilized for navigation, recreation and aesthetic purposes. 23 The importance of the Perquimans River, which is part of the Estuarine Water System and a Public Trust Area, is reflected in citizen response to questions pertaining to this subject. Specifi- cally, 86.3% of citizens felt that recreational fishing in the Perquimans River was important to the local economy. The Planning Board discussed this°subject at great length during 'a Planning . Board Meeting and felt very strongly that the water quality of the Perquimans River must be maintained or improved if at all possible. The Planning Board feels that the Estuarine Waters and Public Trust Waters are an important recreational resource for local residents as well as visiting recreational fishermen. It is also important to the State as a whole because it is part of the overall estuarine ecosystem. b. Policy The Town of Hertford shall have a policy to do all in its power to protect public rights for navigation and recreation and to assist Federal and State agencies in preserving and managing the public trust waters and estuarine waters in an effort to safe- guard and perpetuate their biological, economic and aesthetic value. c. Appropriate Uses Public Trust Areas - Appropriate uses shall be those consistent with the above policy objective. Any land use which interferes with the public right of navigation, or other public trust rights, which the public may be found to have in these waters, shall not be allowed. The development of navigational channels, drainage ditches, the use of bulkheads to prevent erosion, and the building of piers or wharfs are examples of land uses appropriate within public trust waters provided that such land uses will not be detrimental to the bio- logical and physical functions and public trust rights. Projects which would directly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below mean high tide, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are generally considered incompatible with the management of public trust waters. Estuarine Waters - Appropriate uses shall be those consistent with the above policy objective. Highest priority shall be allocated to the conservation of estuarine waters. The development of navigational channels, the use of bulkheads to prevent erosion, and the building of piers or wharfs where no other feasible alter- native exists are examples of land uses appropriate within estuarine waters -,_provided that such land uses will'not be detrimental to ------ the -biological and physical estuarine functions and public trust rights. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below mean high tide, cause adverse water circulation patterns, violate _-water quality standards, or cause degradation of shellfish - w- witers are generally considered incompatible with the management of estuarine waters. 24 d. Alternative policies considered 1) The Town of Hertford could elect to do nothing about the development that takes place within the boundaries of the estuarine system. 2) The Town's local CAMA officer could continue to monitor the type of development proposed in and adjacent to the Perquimans River and its tributaries and.approve only those minor develop- ments that will not adversely affect navigation or water quality. Endorse recommendations made by Coastal Resources Commission and Corps of Engineers pertaining to major developments in the Perquimans River and tributaries. 3) Allow Coastal Resources Commission and Corps of Engineers to monitor and approve all future development proposed for the Estuarine waters and public trust waters. 4) The Town of Hertford could have a policy to do all in its power to protect public rights for navigation and recreation and to assist Federal and State agencies in the preserving and managing of the public trust waters and estuarine waters in an effort to safeguard and perpetuate their biological, economic and aesthetic value. e. Implementation strategy The Town of Hertford will continue to cooperate with all State and Federal agencies in monitoring the water quality of the Per- quimans River. 2. Estuarine Shorelines a. Importance: Estuarine shorelines are those non -ocean shorelines which are especially vulnerable to erosion, flooding, or other adverse effects of wind and water and are intimately connected to the estuary. This area extends from the mean high water level or normal water level along the estuaries, sounds, bays, and brackish waters as set forth in an agreement adopted by the Wildlife Resources Commission and the Department of Natural Resources and Community Development (described in Regulation .0206(a)) for a distance 75 feet landward. Development within estuarine shorelines influences the quality of estuarine life and is subject to the damaging processes of shore front erosion and flooding. b. Policy } The Town of Hertford shall have a policy to ensure shoreline development is compatible with both the dynamic nature of estuarine shorelines and the values of the estuarine system. 25 c. Appropriate Land Uses Appropriate uses shall be consistent with the above policy objective. Specifically, all development located in Zone A on the Flood Hazard zone map should be elevated and conform to Hertford's Flood Insurance Program. All Development should be compatible with existing land uses. All areas should be able to handle surface run off and connected to town sewer. d. Alternative policies considered 1) Take no action. 2) Restrict all development within 75 feet of estuarine shoreline. 3) Review all proposed shoreline development to ensure that it is compatible with both the dynamic nature of estuarine shorelines and the values of the estuarine system. e. Implementation strategy 1 Local permit officer shall continue to review all proposed development within 75 foot setback to ensure it is compatible with the Town of Hertford's policy. 26 3. Constraints to development (soils, flood -prone areas) With the completion of the detail soils map of Hertford and the FIA Flood Hazard Boundary Map completed in 1976, the Planning Board has planning tools to assist property owners in proper development of their property. The Planning Board will utilize both of these tools when reviewing proposed subdivision plats to determine if soil characteristics will cause problems in converting property to urban uses. This review process will assist property owners in determining the best way to use their land prior to expenditure of funds for road development and septic tanks if this type of development is found to be inappropriate based on soil characteristics. 4. Special local resource development issues relative to 15 NCAC 7H The area of environmental concern that has been identified is the Perquimans River. The Perquimans Courthouse and other historic struc- tures in the downtown area are of concern also. When citizens were asked about the importance of the Town's historic structures, citizens responding felt that efforts should be made to protect historic structures such as the courthouse. The Planning Board felt that the Perquimans River is a natural resource -With, -economic potential_.and_ that, this resource shoal.d�als_o,.,he_.protected,._ A specific policy statement on both of these areas was outlined earlier in this section. 5. Hazardous or fragile land areas As discussed earlier, tho only hazardous area identified is the oil storage facility in the downtown waterfront area. The Town will make every effort possible to assist the owner in finding an adequate site for this facility in a more appropriate area of the community. 6. Hurricane and flood evacuation needs and plans Because of Hertford's close proximity to the Perquimans River and the low, flat characteristics of the land area, the community is very subject to flooding. The community is therefore covered by the Perquimans County Hurricane Evacuation Plan. The plan was prepared in 1979 and was updated in May, 1981. Mr. Keith Haskett is the County Coordinator, with Mr. Talmege Rose of 208 N. Church Street serving as the Hertford Coordinator. Mr. Rose can be reached at 426-5536 or 426-5514. 27 B. Resource Production and Management Policies a. Importance: After a review of the existing land use map and a lengthy discussion during one Planning Board Meeting, it was deter- mined that commercial forest areas do not exist in Hertford; therefore, no policy statement needed to be made. However, it is felt that productive agricultural areas do exist; but due to the present slow growth in Hertford these areas could be adequately protected with existing zoning and subdivision regulations. The Planning Board determined, after discussion with the Mayor, that mineral productive areas do not exist; and therefore, a policy statement would not be necessary. The Planning Board felt very strongly that recreational fishing and commercial fishing is very important to the Hertford economy. This strong feeling was also reflected in the results of the planning questionnaire. Specifically, 86.3% of respondents felt that recreational fishing is very important to the local economy, with 71.6% indicating that commercial fishing is important. Off -road vehicles are primarily a concern at beach locations and it is not applicable to Hertford. Therefore, a policy statement is not necessary. b. Policies 1) Commercial Forest Areas - No policy necessary 2) Productive Agricultural Areas - No policy necessary (adequately protected.with Zoning and Subdivision Regulations) 3) Mineral Production Areas - No policy necessary 4) Recreational and Commercial Fishing - It shall be the policy of the Town of Hertford to provide assistance to state and federal agencies in maintaining and improving the water quality of the Perquimans River. The Town will also work in conjunction with the Chamber of Commerce in encouraging more use of the river for recreational purposes. 5) Off -Road Vehicles - No policy necessary C. Alternative policies considered: Recreational and Commercial Fishing 1) Do nothing to manage the Perquimans River as a natural resource. 2) Provide assistance in every way possible to state and federal agencies in maintaining and improving the water quality of the river. 3) Encourage the use of the river by local and visiting fishermen. m 4) Provide assistance to state and federal agencies in main- taining and improving the water quality of the Perquimans River. Work in conjunction with the Chamber of Commerce in encouraging more use of the river for recreational purposes. d. Implementation strategy: Recreational and Commercial Fishing The Plannipg Board feels that recreational fishing has a very r positive impact on the local economy. They also feel that this positive impact could be increased with promotional efforts. They therefore recommend the following implementation strategy to encourage more recreational fishing. 1) Promote fishing tournaments through the local civic clubs of Hertford. 2) Participate in the proposed study of water quality in the Albemarle basin, of which the Perquimans River is a part. 3) Have Chamber of Commerce promote fishing tournaments. Have Chamber study the feasibility of developing a motel or rooming house that could serve visiting fishermen as well as the motoring public traveling through the area. 29 C. Economic and Community Development Policies a. Importance: When citizens were asked about types and location of industry, over 90% indicated that the Town should pursue both agri- culturally -related and technical industries. Many citizens, when asked what the most critical problem facing Hertford was, indicated the lack of industry and job opportunities. When asked about location preference, 49.0% preferred industry to locate within the Town Limits with 51.0% preferring outside the Town Limits. When citizens were asked about Town policy on providing services such as water and sewer to development, 42.1%.indicated that the Town should not extend water and sewer outside the Town Limits. 38.9% indicated that the Town should extend utilities outside the Town Limits. However, 33.3% indicated that utilities should only be extended into areas being annexed, with 24.4% indicating a preference that if water and sewer is extended outside the Town Limits that the users in the area requesting the extension pay all the cost. 20.0% indicated that the Town should pay one-half of the cost with the users paying one-half the cost. When citizens were asked about urban growth patterns, 45.6% indicated that the Town should encourage single family detached housing development with 19.4% indicating a preference for single family development on smaller lots. 21.4% preferred apartments, with 6.8% indicating condominium development. When asked where the Town should encourage new subdivisions, 53.6% indicated in the extra- territorial area served by water and sewer. 37.1% preferred inside the Town Limits. 71.0% of the citizens indicated that the Town should continue to redevelop older areas of the community. The Planning Board and Council both feel that this is very important for Hertford's future if funds are available for such redevelopment. Concerning commitment to federal and state programs, citizens indicated a strong interest in pursuing funds with 93.5% indicating their approval. The Planning Board also felt very strongly that this should be done, particularly if 100% grants could be secured for improvement to the community. Hertford desires to promote tourism as a means to increase the economic base. Part of the appeal of Hertford is its heritage and its water -based recreational opportunities on the Perquimans River and nearby Albemarle Sound.. To promote water -related activities, the Town must make sure that the river channel is maintained and that any obstacles to navigation are removed. Beach nourishment is not applicable to Hertford; therefore, no policy statement is required. Although Hertford officials are not aware of any plans to locate energy facilities within their jurisdiction, the Town must be prepared to establish policy in the event such a facility is proposed for the area. 30 Tourism and waterfront access are both issues of great importance locally, as reflected in the results of the planning questionnaire. Specifically, 82.7% of citizens responding to the questionnaire felt that the Town Council should encourage tourism by promoting the heritage of Hertford. The Planning Board discussed at great length the desirability of tourism as an additional economic industry. They felt very strongly that promotion of the heritage of Hertford could bring about some real economic benefit. Hertford presently has only one public access for boats. Although this facility has recently been improved, on many occasions there is not adequate park- ing for boat trailers. b. Policies 1) Type and Location of Industry - It shall be the policy of the Town of Hertford to work with Perquimans County officials and the Chamber of Commerce in pursuing industry to locate in the Town of Hertford or in the County. The Town will encourage and pursue both technical and agriculturally -related industries that the Town can adequately serve with both water and sewer service needs. Alternative policies considered: 1. The Town of Hertford could do nothing to promote industrial development in Hertford. 2. The Town could work toward industrial development by itself and not work in cooperation with the County in pursuing more industry. 3. The Town could work in cooperation with the County and Chamber of Commerce in pursuing industry to locate in the Town of Hertford or in the County. Implementation strategy: 1. The Town and County should continue to work closely with the State in showing the area to as many industrial prospects as possible. 2. The Town and County should keep an updated list of the types of industries to be pursued, based on the local community's ability to serve those industries with the necessary community facilities. 3. The Town and County should solicit the support of the private sector in industrial development efforts. Considera- tion should be given to establishment of a Committee of 100 as has recently been established in Elizabeth City and established earlier in New Bern, N. C. 2) Providing Services to Development - It shall be the policy of the Town of Hertford to extend water and sewer outside the Town 31 13 Limits only when the user pays all cost involved, except when the local governing authority determines the extension to be beneficial to the community. Alternative policies considered: 1. Continue to use present policy which is to provide water and sewer facilities outside Town Limits only if user pays one-half cost and uses Hertford electric service. 2. Provide water and sewer extension only into areas proposed for annexation. 3. Provide water and sewer to anyone requesting the extension if the user pays all cost. 4. Provide water and sewer to anyone requesting with user pay- ing one-half cost and Town paying one-half cost. 3) Urban Growth Patterns - The Planning Board and Town Council shall annually review the official zoning map to determine if any revisions are needed. The Town Council shall encourage development of apartments and condominiums on remaining in -town lots that are properly zoned or could be rezoned to permit this type of development without adversely affecting adjacent property. The Town shall work to zone the one -mile extraterritorial limit of Hertford. The Town shall also encourage the County Commissioners to consider zoning in the area between U.S. 17 and the Newbold - White House property on the Perquimans River. Alternative policies considered: 1. Take no action. 2. The Planning Board and Town.Council could utilize existing zoning regulations to encourage the placement:of different types of land uses. 3. The Planning Board and Town Council should annually review the existing zoning map to determine if areas exist adjacent to existing water and sewer facilities that could be rezoned to permit a higher density of residential development. 4. The Planning Board and Town Council should encourage apart- ment and condominium development on remaining in -town lots that'are considered feasible for this type of development. Implementation strategy: 1. Request that the County Commissioners review the need to zone the land adjacent to Church Street extended between the U.S. 17 Bypass and the Newbold -White House. The purpose of this 32 zoning would be to prevent strip development from taking place along the entrance road to the historic site and poten- tial tourist attraction. 2. Meet with local builders and request that they give con- sideration to building some multi -family housing on in -town lots. 4) Redevelopment of Developable Areas The Town of Hertford shall continue to pursue any and all federal or state funds that are available that can be used in redevelopment of older areas. The Town shall also continue implementation of a strong minimum housing code program and encourage owners of property to keep the property maintained. Alternative policies considered: 1. Take no action. 2. Continue to pursue any and all federal or state grants that can be utilized in redevelopment of older areas. 3. Continue implementation of a strong minimum housing code program and encourage owners of properties to properly maintain them. Implementation strategy: 1. Continue enforcement of the minimum housing code and notify property owners of delapidated structures that they should be brought up to standard condition or demolished. 2. Apply for Community Development grant funds when they are available to continue redevelopment efforts in the King Street area. 5) Commitment to Federal and State Programs - It shall be the policy of the Town of Hertford to cooperate with state and federal agencies in the assessment of proposed projects sponsored by such agencies which will impact directly or indirectly on the residents of Hertford. Through the A-95 review process the Town will prepare appropriate comments about any proposed projects, stating their consistency with locally -adopted policies or plans. Alternative policies considered: 1. Take no action. 2. Pursue only federal and state grants that require no local match of funds. 3. Pursue all federal and state funds that can be used to 33 improve the quality of life for Hertford citizens. Contingent on the financial ability of the Town to provide its local share if%required. Implementation strategy: 1. The Town of Hertford will continue to cooperate with state and federal agencies. 6) Channel Maintenance - It shall be the policy of the Town of Hertford to cooperate with the Corps of Engineers in their efforts to con- tinue to maintain the channel in the Perquimans River when necessary, working with the Corps of Engineers to keep the River accessible for recreational and commercial uses. Alternative policies considered: 1. Take no action 2. Continue to cooperate with the Corps of Engineers. Implementation strategy: 1. Contact Corps of Engineers if maintenance of channel is required. 2. Contact Corps of Engineers in an effort to have existing pilings removed along waterfront park site because of their potential hazard to navigation. 7) Beach Nourishment - No policy necessary. 8) Energy Facility Siting - Hertford officials are not aware of any plans to locate energy facilities within its jurisdiction. However, if such a facility should be proposed in the area, the Town will establish a policy concerning such facility at that time. Alternative -policies considered: 1. Take no action. 2. Establish policy prior to energy facilities being proposed for Hertford. 3. Establish policy after reviewing impact of any possible future energy facilities. Implementation strategy: 1. Implementation strategy is not needed until or if an actual energy facility is being considered for Hertford. 9) Tourism - It shall be the policy of the Town of Hertford to work in cooperation with the Chamber of Commerce and Historic 34 Society in promoting the heritage of Hertford. Through this effort the Town Council hopes to encourage tourists traveling through the area to spend time in the community which can have a positive impact on the local economy. Alternative policies considered: 1. Take no action. 2. The Town Council, in conjunction with the Chamber of Commerce and other interested groups, will promote tourism through the promotion of the heritage of Hertford. 3. The Town Council will work with the Chamber of Commerce in promoting recreational fishing wherever possible. 4. The Town Council will encourage and promote development .of a motel or tourist home to serve the needs of tourists visiting the area. Implementation strategy: 1. Have historic and architecturally significant homes placed on the National Register. 2. Establish walking tour of historic district and coordinate efforts with Historic Society now working on Newbold -White House. 3. Prepare walking tour brochure showing homes of architectural or historical significance. 4. Promote annual open house of historic homes. 10) Waterfront Access - Because the Perquimans River is a major natural resource for recreational opportunities, it shall be the policy of the Town of Hertford to provide as much waterfront access to citizens as financially feasible for the Town. Alternate policies considered: 1. The Town of Hertford could elect to take no action. 2. The Town could elect to provide as much waterfront access as financially feasible. Implementation strategy: 1. The Town should follow the recommendation made in the 1978 Recreation and Open Space Plan pertaining to waterfront „ access facilities. 2. The Town should continue work to complete the RUD water - based recreational facility as soon as possible. 35 D. Continuing Public Participation Policy 1. Discussion of means by which public participation in planning matters was encouraged in planning update process. The Planning Board determined after discussion of several alternatives to use a planning questionnaire that addressed the issues being considered in the plan. Over 500 questionnaires were distributed throughout the community. Specifically, copies were available from the utility office, Chamber of Commerce and several banks and downtown business establishments. 2. Means to be used for public education on planning issues. The public will be informed on planning issues through articles in the local news media and through presentations at civic clubs. 3. Policy: Continued citizen involvement in planning process. It shall be the policy of the Town of Hertford to continue to give citizens an opportunity to be involved in local planning for the future. The Town will therefore annually review these policy statements and implementation strategy. An evaluation will also be made on an annual basis to see if progress is being made and to request additional input from citizens on progress being made. E. Policies on Other Local Issues 1, Second Home Development - One issue the Coastal Resources Commission requested Hertford to address was that of second home development. The Town of Hertford does not have any second home developments and none are anticipated; therefore, a policy statement on this subject is not necessary at this time. 36 Chapter IV Land Classification A. Introduction A land classification system has been developed by the North Carolina Coastal Resources Commission as a means of assisting in the implementation of the policies developed within local CAMA Land Use Plans, such as this one. By showing land classifications on a map and describing them in narrative form, the Town of Hertford specifies those areas where the policies described in the policy section will apply. It should also be noted that the various land classifications also show areas which come under the purview of various state and federal statutes and regulations. (See "Current Plans and Policies".) Although certain areas are outlined on the Land Classification Map, it must be remembered that land classification is merely a tool to help implement policies and not a strict regulatory mechanism. B. Description of Land Classification System The land classification system for the coastal area and Hertford consists of five classes listed as follows: 1. Developed a. 'Purpose: The purpose of the developed class is to provide for continued intensive development and redevelopment of existing cities. b. Description: Areas to be classified developed include lands currently developed for urban purposes at or approaching a density of 500 dwellings per square mile that are provided with usual municipal or public services including at least public water, sewer, recrea- tional facilities, police and fire protection. Areas which exceed the minimum density but which do not have public sewer service may best be divided into a separate class to indicate that although they have a developed character, they will need sewers in the future. 2. Transition a. Purpose: The purpose of the transition class is to provide for future intensive urban development within the ensuing ten years on lands that are most suitable and that will be scheduled for provision of necessary public utilities and services. The transition lands also provide for additional growth when additional lands in the developed class are not available or when they are severely limited for development. b. Description: .� ( i ) Lands to be classified transition may include: (1) lands currently having urban services, and (2) other land necessary to accommodate the urban population and economic growth anticipated within the planning jurisdiction over the ensuing ten-year period. 37 (ii) Lands classified transition to help meet the demand for developable anticipated population and economic growth must: (1) be served or be readily served by public water, sewer, and other urban services including public streets, and (2) be generally free of severe physical limitations for urban development. In addition, the Transition class should not include: (1) lands of high potential for agriculture, forestry, or mineral extraction, or land falling within extensive rural areas being managed commercially for these uses, when other lands are available; (2) lands where urban develop- ment might result in major or irreversible damage to important environmental, scientific, or scenic values or (3) land where urban development might result in damage to natural systems or processes of more than local concern. Lands where development will result in undue risk to life or property from natural hazards (including inlet hazard areas and ocean erodible areas as defined in 15 NCAC 7H.) or existing land uses shall not be classified Transition. (iii) If any designated area of environmental concern is classified transition, an explanation shall be included stating why the area is felt to be appropriate for high density development. (iv) In determining the amount of additional transition lands necessary to meet projected urban population and economic growth, the county may utilize estimates of average future urban population density that are based upon local land policy, existing patterns and trends of urban development within the county, and densities specified in local zoning, if any; and estimate of additional Transition class lands should be based upon a guideline density of 2,000 persons or 500 dwellings per square mile. 3. Community a. Purpose: The purpose of the community class is to provide for clustered land development to help meet housing, shopping, employment and public service needs within the rural areas of,the county. b. Description: Lands to be classified community are those areas within the rural areas of planning jurisdictions characterized by a small grouping of mixed land uses (residences, general store, church, school, etc.), and which are suitable and appropriate for small clusters of rural development not requiring municipal sewer service. 4. Rural a. Purpose: The purpose of the rural class is to provide for agriculture, forest management, mineral extraction and other low intensity uses. Residences may be located within "rural" areas where urban services are not required and where natural resources will not be permanently impaired. b. Description: Lands that can be identified as appropriate for resource management and allied uses include lands with high potential for agriculture, forestry, or mineral extraction; lands with one or more limitations that would make development costly and hazardous; J �S�YiColG"'1` r- and lands containing irreplaceable, limited, or significant natural, recreational or scenic resources not otherwise classified. 5. Conservation a. Purpose: The purpose of the conservation class is to provide for effective.long-term'management of significant limited or irreplaceable areas. This management may be needed because of its natural, cultural, recreational, productive or scenic values. These areas should not be identified as transition lands in the future. b. Description: The conservation class should be applied to lands that contain: major wetlands; essentially undeveloped shorelands that are unique, fragile, or hazardous for development; necessary wildlife habitat or areas that have a high probability for providing necessary habitat conditions; publicly -owned watersupply watersheds and aquifers; and forest lands that are undeveloped and will remain undeveloped for commercial purposes. C. Land Classifications for Hertford 1. Developed The majority of land in Hertford has been classified developed since water and sewer services are available throughout town. Specifically, all of the Town between the Perquimans River and Gennies Gut and the .western Town limits is classified developed. The only exception is the low wooded area on the northwestern Town boundary line next to the rail- road tracks which is classified Conservation. The area north and south of Church Street from Castleton Creek to the eastern side of U.S. 17 Bypass at Church Street is included in this classification. All areas east and west of Edenton Road are included with the exception of two areas adjacent to Castleton Creek which are in transition. The area on the north and south side of Wynne Fork Road from Edenton Road to the east side of the U.S. 17 Bypass and including all of the public housing site is also included. 2. Transition The Land Classification Map shows six areas in the transition category. The areas adjacent to the western Town boundary and on the north and south side of Grubb Street are included in the transition category. This was included because of the area's close proximity to existing water and sewer lines located in Grubb Street. Also, as discussed in the soil section of the report, this area has the best soil characteristics for urban development. The two areas located on the western side of Castleton Creek were included because of available utilities adjacent to this area, favorable soil characteristics for urban development, and the fact that this area is already in an area where expansion of housing sites is taking place as shown on the Existing Land Use Changes Map discussed in an earlier section. The area north and south of Church Street east of Castleton Creek 39 Bridge has been included because of current development taking place in this area, availability of utilities to the area and the fact that this is the major access point to Hertford from the U.S. 17 Bypass. 3. Rural The areas shown as rural are primarily the areas west of the Town limits. These areas are used extensively for agricultural production with some scattered rural housing. Also included is the area adjacent ' to U.S. 17 from the Bypass bridge to Wynne Fork Road._ 4. Conservation There are four areas of Hertford shown in the conservation category. The first area is the low wooded area on the western edge of Hertford's Town limits and adjacent to the railroad tracks. The second area is the low wooded area north of the S bridge and adjacent to the Winfall_ Town limits. The third area is the low wooded area west of,'-C st_leton Crew., south of Church Street and east side of Gennies Gut up to Hyde�ark Road. The last area is the band of low wooded area on the eastern side of Castleton Creek. 40 i .I I LAND CLASSIFICATION MAP n Perqu(mons River DEVELOPED D TRANSITIOi1 COMMUNITY L_!Aj RURAL R JGGGG� ' CONSERVATION ;� ` All surface waters are included in the OK Conservation area The preparation of this map was financed in j 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. Coastal Zone Management, / National Oceanic and Atmospheric Administration. X Chapter V Synopsis A. Purpose of Land Development Plan The Town of Hertford prepared a Land Use Plan in 1976 in response to the Coastal Area Management Act passed by the North Carolina Legislature in 1974. The purpose and intent of the act is best described in Section .0101 "Intro- duction to Land Use Planning" Subchapter 7B - Land Use Planning Guidelines ( as amended 9/1/79) : .0101 Introduction (a) The Coastal Area Management Act of 1974 establishes a cooperative program of coastal area management between local governments and the state. Land use planning lies at the center of local government's involvement, as it gives the local leaders an opportunity and respon- sibility to establish and enforce policies and guide the development of their community. (b) The purpose of the state guidelines is to assist local governments in each of the 20 coastal counties and municipalities within those counties with the preparation of their own individual land use plans. Each county and the municipalities within the coastal counties are encouraged to develop a plan which reflects the desires, needs and the best judgement of its citizens. The land use plans prepared under these guidelines, when considered together, form the basis for a "comprehensive plan for the protection, preservation, orderly development and management of the coastal area of North Carolina," which is the primary objective of the Coastal Area Management Act of 1974. Further in the guidelines in Section .0201 (c), the heart of why North Carolina communities and counties need to prepare land use plans is described. .0201 Introduction (c) Local governments, through the land use planning process, address issues and adopt policies that guide the development of their community. Many decisions affecting development are made by other levels of government, and local policies must take account of and coincide with established state and federal policies. Most decisions, however, are primarily of local concern. By carefully and explicitly addressing these issues, other levels of government will follow local policies that deal with these issues. Policies which consider the type of development to be encouraged, the density and patterns of development, and the methods of providing beach access are examples of these local policy decisions. More significant even than the "requirement" that communities prepare Land Use Plans every five years is the uses that are made of the local plans once they have been completed. In the publication, The Impact of State Regula- tion of Coastal Land In North Carolina, prepared by Charles D. Liner of the Institute of Government in Chapel Hill, he noted the impact of local land use plans on state and federal decisions: ...Land -use plans have a potential effect on (local) land use because: (a) CAMA permits may not be issued for development that is 41 inconsistent with land -use plans (since CAMA permits are required only in AECs, this effect is limited to land within AECs). (b) Local ordinances and regulations that apply to AECs must be consistent with the land -use plan; local ordinances and regulations affecting land outside AECs are subject to review by the Coastal Resources Commission, which is autho- rized to recommend modifications to the local government. (c) Federal actions involving grants, licenses, permits, and development projects must be consistent with local land - use plans, as required by Section 307 of the FCZMA. (d) In accordance with the Governor's Executive Order Number 15, certain state agency actions and policies must be consistent with land -use plans. Over and above the requirements of the CAMA act and the uses of local plans by state and federal permitting agencies, the local land use plan can provide local elected and appointed officials and the citizenry an opportunity to evaluate where they are and where they want to be. It can be stated that the main purpose for updating the Hertford Land Development Plan is so that all issues related to economic and physical develop- ment can be discussed and a plan prepared which will provide a guideline for the future growth and development of the community. B. Major Changes Since Last Plan Although Hertford did not prepare its own land use plan in 1976, the Town was included in the plan prepared for Perquimans County. As part of that plan, several goals were established for the Town of Hertford which included the following: 1. Establishment of an inspection department for housing 2. Enforcement of the building code 3. Work toward alleviation of poor housing conditions 4. Provide more public boating access facilities 5. Provide more scenic overlooks 6. Consider establishment of an historic district 7. Seek more industry to create more job opportunities All of the goals established in 1976 and listed above have been implemented or are in the process of implementation. The plan called for establishment of an inspection department which has now been established. The plan also called for enforcement of the building code with periodic building inspection. This has been an on -going process since _establishment of the inspection department, with several structures ` being either demolished or renovated since 1976. The plan also called for alleviation of problem areas in the Town such as poor housing. This has been accomplished through a Community Development Block Grant that was received in 1977. The provision of more public boat facilities and scenic outlooks was called for. The Town has completed one part of this objective by redevelop- ment of an existing boat ramp utilizing a Soil Conservation Grant and Coastal 42 Plains Supplemental Grant. The Town is also in the process of developing a water -based recreation facility on the Perquimans River that will serve as a passive and active recreation facility and scenic outlook. The desirability of establishing an historic district and supporting the promotion of tourism was recommended. Shortly after completion of the 1976 Land Use Plan, the Town, in cooperation with the County, arranged to have Archives and History staff members prepare a detail analysis of existing historic structures located in the Town and County. This informa- tion will be published in the near future and can be used in establishing a local historic district. Seeking more industry was of great concern in the 1976 Land Use Plan. Since 1976, the Town of Hertford, in cooperation with the County, has worked hard to recruit new industry. The Town, through its efforts, has been designated by the Governor as a Community of Excellence. C. New Policies Prior to development of this 1980 Land Use Plan, the Town of Hertford did not have a written policy on extension of water and sewer facilities outside the Town limits. During this planning process the Mayor, Planning Board and Town Council have established a written policy on utility extensions. The Town also now has a written policy and implementation strategy for development of a tourist industry in Hertford to enhance the image of the community and to hopefully provide additional job opportunities. The following policies have been established for the Town of Hertford: 1. Resource Protection AECs (Estuarine Waters and Public Trust Waters) - The Town of Hertford shall have a policy to do all in its power to protect public rights for navigation and recreation and to assist Federal and State agencies in preserving and managing the public trust waters and estuarine waters in an effort to safeguard and perpetuate their biological, economic and aesthetic value. 2. Resource Protection AECs (Estuarine Shorelines) - The Town of Hertford shall have a policy to ensure shoreline development is compatible with both the dynamic nature of estuarine shorelines and the values of the estuarine system. 3. Recreational and Commercial Fishing - It shall be the policy of the Town of Hertford to provide assistance to state and federal agencies in maintaining and improving the water quality of the Perquimans River. The Town will also work in conjunction with the Chamber of Commerce in encouraging more use of the river for recreational purposes. 4. Type and Location of Industry - It shall be the policy of the Town of Hertford to work with Perquimans County officials and the Chamber of Commerce in pursuing industry to locate in the Town of Hertford or in the County. The Town will encourage and pursue both technical and agri- culturally -related industries that the Town can adequately serve with both water and sewer service needs. 43 5. Providing Services to Development - It shall be the policy of the Town of Hertford to extend water and sewer outside the Town Limits only when the user pays all cost involved, except when the local governing authority determines the extension to be beneficial to the community. 6. Urban Growth Patterns - The Planning Board and Town Council shall W annually review the official zoning map to determine if any revisions are needed. The Town Council shall encourage development of apartments and condominiums on remaining in -town lots that are properly zoned or could be rezoned to permit this type of development without adversely affecting adjacent property. The Town shall work to zone the, one-mile extraterritorial limit of Hertford. The Town shall also encourage the County Commissioners to consider zoning in the area between U.S. 17 and the Newbold -White House property on the Perquimans River. 7. Redevelopment of Developable Areas - The Town of Hertford shall continue to pursue any and all federal or state funds that are available that can be used in redevelopment of older areas. The Town shall also continue implementation of a strong minimum housing code program and encourage owners of property to keep the property maintained. 8. Commitment to Federal and State Programs = It shall be the policy of the Town of Hertford to cooperate with state and federal agencies in the assessment of proposed projects sponsored by such agencies which will impact directly or indirectly on the residents of Hertford. Through the A-95 review process the Town will prepare appropriate comments about any proposed projects, stating their consistency with locally - adopted policies or plans. 9. Channel Maintenance - It shall be the policy of the Town of Hertford to cooperate with the Corps of Engineers in their efforts to continue to maintain the channel in the Perquimans River when necessary, working with the Corps of Engineers to keep the River accessible.for recreational and commercial uses. 10. Energy Facility Siting - Hertford officials are not aware of any plans to locate energy facilities within its jurisdiction. However, if such a facility should be proposed in the area, the Town will establish a policy concerning such facility at that time. 11. Tourism - It shall be the policy of the Town of Hertford to work in cooperation with the Chamber of Commerce and Historic Society in promoting the heritage of Hertford. Through this effort the Town Council hopes to encourage tourists traveling through the area to spend time in the community which can have a positive impact on the local economy. 12. Waterfront Access - Because the Perquimans River is a major natural resource for recreational opportunities, it shall be the policy of the Town of Hertford to provide as much waterfront access to citizens as ' financially feasible for the Town. 44 13. Second Home Development - One issue the Coastal Resources Commission requested Hertford to address was that of second home development. The Town of Hertford does not have any second home developments and none are anticipated; therefore, a policy statement on this subject is not necessary y at this time. • D. Conclusions The land use plan is a framework that will guide local leaders as they make decisions affecting development. Private individuals and other levels of government will also use the plan to guide their land use decisions. Use of the plan by these groups will lead to the more efficient and economical provision of public services, the protection of natural resources, sound economic development, and the protection of public health and safety. 45