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HomeMy WebLinkAboutLand Use Plan Update-19941994 TOWN OF KITTY HAWK NORTH CAROLINA LAND USE PLAN UPDATE DCM COPY'�V'?'T " DCM COPY lease do not remove!!!!! Division of Coastal Management 1994 TOWN OF KITTY HAWK, NORTH CAROLINA LAND USE PLAN UPDATE APPROVED BY TOWN COUNCIL: May 1, 1995 CERTIFIED BY COASTAL RESOURCES COMMISSION: July 28, 1995 Town Council Clifton G. Perry, Mayor D. Paul Pruitt, Mayor Pro Tempore Leo E. Antonucci Carl L. Parrott Kenneth D. Hollowell Planning Board Joseph Smith, Chairman Ward McCreedy, Vice -Chairman Ervin Bateman Glenn Beacham Barbara Olds David Pruitt, Alternate Staff Robert Nicholl, Town Manager Richard Reid, Town Planner John Gaw, Town Attorney Betty Moore, Recording Secretary Consultants William C. Overman Associates, P.C. 380 Cleveland Place Virginia Beach, VA 23462 William R. Turner, Jr. AICP Certified As Planner -In -Charge By The North Carolina Division of Coastal Management The preparation of this document was financed in part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration. This Update is the culmination of the coordinated efforts of the Planning Board, selected consultants and the Town Planner to direct the continued development of Kitty Hawk in accordance with the wishes of its citizens. It implements policies to answer basic questions about Kitty Hawk, such as: WHAT IS KITTY HAWK? Kitty Hawk is a cottage community: • rich in history and tradition • tranquil and environmentally attuned • portraying a unique mixture of resort beach and traditional Outer Banks village • characterized by low to medium density, single family residential development with commercial establishments serving its residents and seasonal visitors • wherein development remains on a human scale and is in harmony with nature • possessing undisturbed natural areas such as Kitty Hawk Woods, a vast maritime forest • whose special atmosphere comes from a combination of natural beauty and small-scale development • whose major tourist attractions include the Atlantic Ocean and the waters of the Currituck Sound and Kitty Hawk Bay • set apart by the fact that it has clearly expressed a preference for being a family oriented beach community • which neither encourages nor permits high rise apartments, condominiums, time shares, urban density, intense waterfront development, carnivals, amusement parks, or racetracks • intent upon remaining a low density family oriented community, a year- round community, a retirement community, a traditional coastal village community, and a resort -tourist community in harmony with the natural environment I William C. Overman Associates, PC. Engineers . Planners September 27, 1995 The Honorable Clifton G. Perry, Mayor ' Town of Kitty Hawk,North Carolina 101 Veteran's Memorial Drive ' Post Office Box 549 Kitty Hawk, North Carolina 27949 Dear Mayor Perry: We take pleasure in presenting the 1994 Town of Kitty Hawk,North Carolina Land Use Plan Update. The 1994 Update, its maps, and appendices, reflect the attention to detail and the forethought evident throughout this project. This document reflects the diligent efforts of the Town's elected and appointed leadership and capable staff. It will serve Kitty Hawk for many years as a ' guide to land use and development. We appreciate our continuing working relationship with the Town of Kitty ' Hawk. We stand ready to assist you as you work toward implementation of the policies contained in this document. ' Very truly yours, WILLIAM C. OV AN ASSOCIATES, P.C. By ' i am er, Jr A.I.C.P. Planner -In- rge ' WRT:kla �7 ' 380 Cleveland Place • Virginia Beach, VA 23462-6529 U.S.A. Telephones: (804) 499-4887 • (800) 253-3522 tTelecopier: (804) 671-7599 1 ACKNOWLEDGEMENTS ' The Town Council and Planning Board wish to express their gratitude to all the people who gave of their time and talent to make this Update a success. Special thanks to former Planning Board members Mr. William Snovell and Mrs. ' Marie Cunningham for their contributions to this effort and to land use planning generally in Kitty Hawk. Thanks also to Mr. Stephen R. Gabriel of ' the North Carolina Department of Environment, Health, and Natural Resources, Division of Coastal Management, for his overall assistance, and to Mrs. Carol Lyons, in her capacities as President of the Kitty Hawk Citizens Association and as a member of the ad hoc editing group for this Update. TOWN OF KITTY HAWK, NORTH CAROLINA LAND USE PLAN UPDATE TABLE OF CONTENTS Page No. Letter of Transmittal Acknowledgements Table of Contents ......................................... i List of Tables ............................................ vi List of Exhibits ........................................... vi Listof Maps ............................................ vi List of Appendices ......................................... vi Executive Summary ........................................ vii I. THE PLANNING PROCESS ............................... 1 A. North Carolina Land Use Planning ......................... 1 B. The Kitty Hawk Experience ............................. 1 II. ABOUT KITTY HAWK .................................. 3 A. Information Base ............................ ....... 3 1. Introduction .................................... 2. Analysis Of Land se Plan Kitty Hawk North Carolina 1989 ...... a. Policies Selected And Implementation Analysis As Of 1994 ..... b. Comparison Of Current Policies To Policies Of Adjoining Towns.................................... c. Improvements Anticipated In 1994 Town of Kitty Hawk. North Carolina Land Use Plan Update ................ . B. Kitty Hawk Today ................................... 1. Introduction .................................... 2. People ....................................... 3. Land Use ...................................... WRT\9414.RPT i 3 3 3 n u 4 7 4. Utilities And Services ............................... 9 5. Transportation System .............................. 11 6. Housing And Accommodations ......................... 11 7. Plans, Studies, And Regulations ........................ 12 a. Introduction ................................. 12 b. Land Use Plan Kitty Hawk North Carolina 1989 ........... 12 c. Soil Survey of Dare County. North Carolina (1992) ......... 12 d. Kitty Hawk Town Code, Chapter 20, Zoning ............. 13 e. Ordinance No. 91-14, Signs ........................ 14 f. Planned Unit Development ........................ 14 g. Kitty Hawk Town Code, Chapter 19, Subdivisions .......... 15 h. Kitty Hawk Town Code, Chapter 16, Soil Erosion and Sedimentation Control .......................... 15 i. Kitty Hawk Town Code, Chapter 8, Flood Damage Prevention .. 16 j. Kitty Hawk Town Code, Chapter 7, Environmental Control .... 16 8. Land Suitability Constraints ........................... 17 a. Introduction ................................. 18 b. Physical Limitations ............................ 18 (1) Man -Made Hazards .......................... 18 (2) Natural Hazards ............................ 18 (3) Water Supply .............................. 19 (4) Areas Where Predominant Slope Exceeds Twelve Percent ... 19 (5) Areas With Soil Limitations ..................... 19 c. Areas of Environmental Concern And Fragile Areas ......... 22 d. Areas With Resource Potential ....................... 25 9. Carrying Capacity Analysis ...........:............... 25 a. Introduction ................................. 25 b. Carrying Capacity Scenario ....................... 26 c. Water and Sewer Service Areas ..................... 28 d. Design Capacity and Utilization of Community Facilities ...... 29 e. Build Out Considerations ......................... 30 10. Economy ..................................... 30 C. Kitty Hawk Tomorrow ................................ 31 1. Introduction ............ 31 2. People ....................................... 31 3. Land Need ..................................... 31 4. Utilities And Services .............................. 32 5. Transportation System .............................. 32 6. Housing And Accommodations ......................... 32 7. Economy ...................................... 32 WRT\9414.RPT i i ' III. LAND USE ISSUES, BACKGROUND, POLICIES, AND STRATEGIES FOR AND TIMING OF IMPLEMENTATION ........................... 33 ' A. Introduction ........................................ 33 1 B. Resource Protection Issues ............................... 34 1. Septic Tank Use .................................. 34 2. Areas Of Environmental Concern (AEC) ................... 36 3. Hazardous Or Fragile Areas ,37 a. Freshwater Swamps And Marshes ..................... 37 b. Maritime Forests ......•••••..•.•.•..•..•••••..• 37 c. Pocosins And 404 Wetlands 37 4. Package Treatment Plants ............................ 39 5. Stormwater Runoff And Its Impact OnCoastalWetlands, Surface Waters, Or Other Fragile Areas • • . 40 6. Marinas, Floating Homes, And Dry Stack Storage Facilities ....... 41 7. Industrial Impact On Fragile Areas ....................... 41 8. Restriction Of Development Within Areas Up To Five Feet Above Mean High Water That Might Be Susceptible To Sea Level Rise And Wetland ' Loss.................... 42 9. Upland Excavation For Marina Basins ..................... 42 10. Estuarine Bulkhead Installation .......................... 43 11. Ocean Outfall ...................... ............ 43 C. Resource Management Issues ............................. 44 1 1. Existing And Potential Mineral Production Areas .............. 44 2. Commercial And Recreational Fisheries; Shellfishing Waters; and, fNursery And Habitat Areas ........................... 44 3. Off -Road Vehicles and Driving on Beaches .................. 45 4. Kitty Hawk Woods Conservation Easement .................. 45 ' D. Economic and Community Development ment Issues .................. 46 ' 1. Types And Locations Of Industries Desired .................. 46 2. Local Commitment To Providing Services To Development ........ 47 3. 4. Types Of Urban Growth Patterns Desired ................... Redevelopment Of Developed Areas • 47 48 ' 5. 6. 7. Commitment To State And Federal Programs ................. Channel Maintenance And Beach Nourishment ................ Energy Facility Siting And Development .................... 49 49 50 8. a. Electric Generating Plants .......................... b. Inshore and Outer Continental Shelf Exploration ............ Tourism • 50 50 51 IWRT\9414.RPT i i i 9. Coastal And Estuarine Water Beach Access .................. 51 10. Types, Densities, Location, and Units Per Acre Of Anticipated Residential Development And Services Necessary To Support Such Development .................. 52 11. Existing Tax Base and Employment Opportunities .............. 53 12. Special Tax Districts ................................ 53 13. Menhaden Boats .................................. 54 14. Signs ......................................... 54 15. Community Appearance ............................. 55 16. Litter Control And Removal .......................... 56 17. Recreational Facilities .............................. 57 18. Public Safety ................................... 57 19. Education ..................................... 59 20. Consolidation ................................... 60 21. Electrical Facilities ................................ 60 22. Cable Television Facilities ........................... 61 23. Public Water Facilities .............................. 61 24. Public Sewer Facilities ............................. 62 25. Transportation System ............................... 62 a. Widening of U.S. 158 ........................... 62 b. Thoroughfare Plan ............................. 62 c. Vehicular Movement ............................ 63 d. Pedestrian Movement ............................ 63 e. Bicycle Trails ................................ 63 f. Maintenance .................................. 63 g. Beach Road/Lindbergh Avenue ......................... 63 26. Horseback Riding .................................. 65 27. Landfill Siting .................................... 66 28. Multi -Use Center ................................. 67 29. Adult Entertainment ................................ 68 30. Uses Of and Activities In and On Ocean and Sound Waters ........ 68 31. Point Source Wastewater Discharge ...................... 69 32. Cultural or Historical Resources ........................ 70 E. Citizen Participation ................................... 71 F. Natural Hazards ..................................... 72 1. Introduction ..................................... 72 2. Vulnerability ..................................... 73 3. Mitigation ...................................... 75 a. North Carolina Building Code 76 b. Flood Damage Prevention ......................... 76 4. Evacuation ...................................... 76 5. Reconstruction .................................. 76 WRT\9414.RPT i V IV. LAND CLASSIFICATION ................................ A. Introduction ...................................... . B. Land Classifications .................................. 79 79 79 Workshopsand Meetings ....................................... 81 Sources Consulted ........................................... 83 Index................................................... 85 APPENDICES ............................................ 1-1 MAPS ............................................ SLEEVE 1-4 WRT\9414.RPT u LIST OF TABLES TABLE 1 1990 Population By Age Group and Sex, Town of Kitty Hawk, North Carolina ................................... 5 TABLE 2 1990 Population By Race, Town of Kitty Hawk, North Carolina ................................... 6 TABLE 3 Comparison of 1980 and 1990 Populations For Selected Outer Banks Localities, Percent of Growth In Each ............. 6 TABLE 4 Poverty Status By Age By Household Type and Relationship In 1989 In Kitty Hawk, North Carolina .................... 7 LIST OF EXHIBITS EXHIBIT 1 Soil Types and Characteristics in Kitty Hawk, North Carolina .................................. 21 EXHIBIT 2 Saffir/Simpson Hurricane Scale With Central Barometric Pressure Ranges .................................. 72 LIST OF MAPS MAP 1 Existing Land Use Map, 1994, Town of Kitty Hawk, North Carolina ............................. SLEEVE 1 MAP 2 Areas of Environmental Concern and Fragile Areas, Town of Kitty Hawk, North Carolina ............... SLEEVE 2 MAP 3 Composite Hazards Map, Town of Kitty Hawk, North Carolina ............................ SLEEVE 3 MAP 4 Land Classification System, Town of Kitty Hawk, North Carolina ............................ SLEEVE 4 LIST OF APPENDICES APPENDIX 1 "History of Kitty Hawk" ........................... 1 - 1 APPENDIX 2 Review of Land Use Policies Contained In .Land Use Plan Kitty Hawk, North Carolina 1989 and Implementation As of 1994 ......... 2-1 APPENDIX 3 • Citizen Participation Plan for Town of Kitty Hawk Land Use Plan Update 1993/94 • Kitty Hawk Land Use Plan Update Questions/Comments Form 3 - 1 WRT\9414.RPT V i EXECUTIVE SUMMARY As the word "update" implies, the planning effort represented by this document was geared toward providing a "snapshot" of the Town of Kitty Hawk in 1994 as opposed to 1989. Generally, the pictures shows the Town is an appealing place to live and to visit, and a town keenly interested in providing public services while protecting its aesthetic appeal. The 1994 Update is comprised of four chapters and includes tables, exhibits, maps, and appendices. It meets the requirements of Sub -chapter 7B-Land Use Planning Guidelines of the North Carolina Administrative Code, October, 1989 and the regulations promulgated by the North Carolina Coastal Resources Commission. A discussion of the numerous meetings and workshops held during the update process, citations of sources consulted, and an Appendix section are included. An index follows the "Sources Consulted" section. The 1994 Update was prepared under the general direction of the Kitty Hawk Town Council through the Kitty Hawk Planning Board and the Town's professional staff. The preparation of this document was financed in part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration. WRT\9414.RPT vii CHAPTER I - THE PLANNING PROCESS The 1994 Update is formatted along the planning guidelines of Sub -chapter 7B of the North Carolina Administrative Code, October, 1989. Every effort was made to adhere to State guidelines while developing a document to meet the needs of Kitty Hawk. Section A of Chapter I, "North Carolina Land Use Planning" describes the State's planning requirements in more detail while Section B, the "Kitty Hawk Experience" describes Kitty Hawk, its staff make up, and similar planning efforts carried out in 1983 and 1989. This chapter also points the reader to a detailed history of Kitty Hawk that appears as APPENDIX 1. CHAPTER H - ABOUT THE KITTY HAWK Current plans and documents provided the base data for the 1994 Update. Census materials, as well as demographic information provided through State and regional agencies, was used to provide statistical data about Kitty Hawk with respect to its people, land use, utilities, transportation system, housing and accommodations, land characteristics, economy, and carrying capacity. Section A, "Information Base" describes the sources of information in more detail and provides an analysis of the policies selected in 1989 and their implementation as of 1994. In addition, a comparison of Kitty Hawk's policies to those of adjoining towns is included. ,Section B, "Kitty Hawk Today" discusses the people, land, and physical improvements that make up Kitty Hawk. Also, several plans, studies, and regulations have been adopted by Kitty Hawk or imposed upon it. These are described, as are the land suitability constraints that exist and effect development. A carrying capacity WRT\9414.RPT Vi i i I analysis is included in this section as are build out considerations. In Section C, "Kitty Hawk Tomorrow" population projections and discussions of land and facilities needs are found. These are intended to show what Kitty Hawk will be like in the next 10 years and were based on projections and estimates made by Town leaders, State agencies, and others. CHAPTER III - LAND USE ISSUES, BACKGROUND, POLICIES, AND STRATEGIES FOR AND MIING OF EIAPLEMENTATION The land use issues, policies, and strategies for, and timing of, implementation that are contained in the 1994 Update were formulated considering citizen input, present policies and implementation strategies, and the input from Town elected and appointed officials. While there is general satisfaction with the Town and its service provision, and a desire by many to maintain the status quo, a vigorous examination of issues, policies, and implementation strategies was undertaken. The 1994 U12date focuses primarily on issues facing the Town, and in some cases its neighbors, during the next 10 years. In fact, many of the issues considered in the document extend beyond the planning period. The 1994 Update recognizes the need for Kitty Hawk to protect its environment while building its tax base and maintaining its low density residential characteristics. In large measure, the policies and implementation strategies developed during the preparation of the U12date emphasize the Town's intention to continue to rely on Federal and State programs and agencies. The Town intends to remain very actively WRT\9434.RPT 1 ix involved with respect to land use and development practices. The Town will consider the actions and programs of others, but remains steadfastly committed to controlling its own destiny with respect to building densities, heights, and character. The Town is not interested in the development of a community -wide public sewer system and will move cautiously, if at all, with respect to the consolidation of additional governmental services between it and neighboring localities. The Town is committed to the implementation of the policies stated in the Update in a timely manner. In fact, many of the implementation strategies have time parameters set so that Town leaders can better gauge staff and resource allocations and insure that the implementation strategies that are listed are in fact undertaken during the planning period. CHAPTER IV - LAND CLASSIFICATION The land classification system provides a framework to be used by the Town to identify the future use of all lands. As such, the land classification system is a tool to help implement policies. The designation of land classes allows the Town to illustrate its policy statements as to where and to what density it wants growth to occur and where it wants to conserve natural and cultural resources by guiding growth. WRT\9414.RPT X A land classification system has been developed to identify the general character of existing development and future development in the Town. The system is based on existing land use patterns and a sequence of future development in certain areas of Town where basic services will become available to support development. It is also based on the natural ability of the land to support development, recognizing that some sections of Kitty Hawk should be conserved as natural areas or because they present hazards to development, or both. Land classification developed and mapped by Kitty Hawk contains four categories of land. These are: 1. Developed - Beach 2. Developed - Village 3. Transition 4. Conservation Developed lands provide space for continued development or redevelopment. "Developed - Beach" and "Developed - Village" recognizes the differences between the character of existing development of Kitty Hawk Beach and Kitty Hawk Village. Even though the density and use standards are the same for each, any further development of these two areas should recognize the distinctive character of each. Kitty Hawk Beach is somewhat typical in design, land use mixtures, and density of residential beach communities in North WRT\9414. RPT Xi Carolina. It is the more seasonal and transient part of Town. Kitty Hawk Village is different even though its density is not much lower than that of the Beach. The Village has more a sense of being a year-round residential community. "Transition" lands provide space for additional urban type development. The transition areas in Kitty Hawk cover land that is presently developed or expected to develop and includes those areas where commitment has already been made for Dare County to construct and maintain waterlines, streets, and other physical infrastructure necessary to support development. Lands in the "Conservation" classification are those requiring effective long-term management in order to protect significant, limited, or irreplaceable cultural and scenic values. Conservation lands include those areas that are particularly unsuitable for intense development and/or have special irreplaceable aesthetic value. WRT\9414.RPT Xi i H p I CII I h p ' I. THE PLANNING PROCESS I WRT\9414.RPT 1 II. THE PLANNING PROCESS A. North Carolina Land Use Planning The Coastal Area Management Act of 1974 (CAMA) 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. Subchapter 7B - Land Use Planning Guidelines of the Forth Carolina Administrative Code, October 1989, were ' promulgated for the purpose of assisting localities with the preparation of land use plans and sets forth standards for their review. Land use plans are to be updated every five years and submitted for State review. ' This land use plan update, when certified by the North Carolina Coastal Resources Commission (CRC), will become part of the North Carolina Coastal Management Plan for ' the protection, preservation, orderly development, and management of the coastal area of North Carolina. ' B. The Kitty Hawk Experience ' The Town of Kitty Hawk was incorporated in 1981 and uses a Council -Manager form of government. It is located in Dare County and borders the towns of Southern Shores and Kill Devil Hills, the Currituck Sound, Kitty Hawk Bay, and the Atlantic Ocean. The Town ' contains 8.2 square miles of land area (5,248 acres) and enjoys a reputation as a cottage community, appealing to tens of thousands of tourists yearly, and about 2,000 permanent residents. ' The Town prepared its first CAMA land use plan in 1983 and updated the document in 1989. The Town hired its first professional planner, who also served as zoning ' administrator, in 1987. The Town continues to employ a professional planner whose duties also include zoning administration and erosion and sediment control monitoring. The Town employs a code enforcement officer responsible for issuing CAMA minor permits. It also ' employs one building inspector. The Town benefits from the work of a very active and involved Planning Board and Town Attorney. ' Kitty Hawk -- as an area and as a town -- has a rich history and tradition that have dictated a controlled pattern of growth. The Town's leaders remain cognizant of factors that may serve to disrupt the tranquil, environmentally attuned community it desires to be. A ' "History of Kitty Hawk," taken from the Land Use Plan Kitty Hawk North Carolina 1989, is included in this U ate as APPENDIX 1. IWRT\9414.RPT - I - u L I I II. ABOUT KITTY HAWK I , 1 I WRT\9414.RPT H. ABOUT KITTY HAWK ' A. Information Base 1. Introduction ' This document was prepared utilizing local plans and studies as well as information provided by Federal, State, regional, and private agencies. Policy development and the analysis of anticipated future conditions relied heavily on local knowledge and citizen input generated at monthly Planning Board meetings devoted to the update of the land use plan. Both the Land Use Plan Kitty Hawk North Carolina 1983 and the Land Use Plan Kitty Hawk North Carolina 1989 were reviewed frequently and portions of both are used in this ' 1994 Update. Rule .0202(a)(3) - Data Collection and Analysis, Subchapter 7B, of the North ' Carolina Administrative Code, October 1989, requires a locality to "... analyze how effectively it has implemented its policies as contained in its current plan of record." Further, this evaluation should occur at the beginning of the planning process and "should ' include statements as to what improvements the local government intends to make in this plan update." ' SOURCE: North Carolina Administrative Code, October 1989. 2. Analysis of Land Use Plan Kitty Hawk North Carolina 1989 Ia. Policies Selected and Implementation as of 1994 ' On April 27, 1989 the Kitty Hawk Town Council adopted policies as a part of the Land Use Plan Kitty Hawk North Carolina 1989. The land use issues, for which these policies were directed, were discussed generally in various ' chapters of the Land Use Plan 1989. In the Land Use Plan 1989, policies related to resource protection issues are ' found in Chapter Four - Natural Environment, while policies related to resource management issues are discussed throughout the document. Economic and community development issues, and policies related thereto, are ' discussed in Chapter Two - Attitudes About Growth in Kitty Hawk, Chapter Three - Economy, and Chapter Seven - Community Facilities and Services. Policies related to the issue of storm mitigation planning are found in Chapter ' Eight - Mitigating the Impacts of Coastal Storms. Each of these chapters includes general discussion of respective issue areas and many policies are ' repeated in more than one chapter. Implementation of the policies adopted is discussed in terms in Chapter Eleven Implementation. general - I WRT\9414.RPT - 3 - The Town's Planning Board reviewed the policies adopted in the Land Use Plan 1989 and analyzed the Town's implementation efforts as of 1994. The findings, as summarized in APPENDIX 2, provide the foundation upon which policies driving 1994 Town of Kitty Hawk, North Carolina Land Use Plan Update are developed. b. Comparison of Current Policies to Policies of Adjoining Towns During the policy discussion process, the Town compared its land use policies to those of Kill Devil Hills and Southern Shores as found in their respective land use plans of record. Generally, the three localities adopted land use policies that were consistent with each other except for support of a community -wide sewer system and with respect to building heights. Kill Devil Hills, unlike Kitty Hawk, supports a community -wide sewer system. Also, Kill Devil Hills allows building heights of up to 50' in commercial zoning districts. Policies of the Town and those of its neighbors are discussed frequently by the Town Planner and his counterparts. The Town Planner routinely meets with other planners at planning functions. c. Improvements Anticipated in 1994 Town of Kitty Hawk, North Carolina Land Use Plan Update The Town has made significant strides in directing its growth and maintaining the quality of service delivery systems. To promote and guide continued orderly development, improvements to the 1994 Update include: user friendly formatting; establishment of action deadlines where applicable; promotion of substantial and meaningful interaction in the Kitty Hawk planning process by governmental agencies with programs, regulations, and rules that impact the Town through interagency review of this U12dat and, encouragement of open review and debate of issues, policies, and implementation strategies at Planning Board meetings during plan update. B. Kitty Hawk Today 1. Introduction Published information, field reviews, and estimates were used to prepare the following sections describing Kitty Hawk at present, and during the recent past. C 1 1 1 WRT\9414.RPT -4- ' r . I 2. People The Town's population has grown steadily since its incorporation in 1981. The 1981 Town of Kitty Hawk Census counted 703 residents. The Land Use Plan 1983 included an estimate of the 1985 population to be 931. The 1990 population of Kitty Hawk as reported by the United States Department of Commerce, Bureau of the Census, was 1,937. Of Kitty Hawk's 1,937 permanent population in 1990, there were 959 males and 978 females. The median age of the total population was 35.5 years. TABLE 1 provides a breakdown of population by age group and sex. TABLE 1 1990 POPULATION BY AGE GROUP AND SEX TOWN OF KITTY HAWK, NORTH CAROLINA AGE GROUP NUMBER IN GROUP MALE FEMALE 0-4 139 80 59 5-17 292 150 142 18-24 158 78 80 25-44 718 353 365 45-64 405 196 209 65 + 225 102 123 TOTALS 1,937 959 978 SOURCE: 1990 Census of Population and Housing, U.S. Department of Commerce, Bureau of the Census. I WRT\9414.RPT - 5 - TABLE 2 provides a breakdown of the Town's 1990 population by race. TABLE 2 1990 POPULATION BY RACE TOWN OF KITTY HAWK, NORTH CAROLINA RACE NUMBER White 1,914 Black 3 American Indian, Eskimos, Aleut, Asian or Pacific Islander 8 Other Races 9 Total - All Persons 1,937 SOURCE: 1990 Census of Population and Housing, U.S. Department of Commerce, Bureau of the Census. TABLE 3 provides a comparison of 1980 and 1990 populations for selected Outer Banks localities and percentages of growth. TABLE 3 COMPARISON OF 1980 AND 1990 POPULATIONS FOR SELECTED OUTER BANKS LOCALITIES, PERCENT OF GROWTH IN EACH 1980 POPULATION 1990 POPULATION PERCENT OF GROWTH Kitty Hawk 704* 1,937 + 175 Kill Devil Hills 1,796 4,238 +136 Nags Head 1,020 1,838 +80 Southern Shores 395 1,452 +268 Dare County 13,377 229746 +70 SOURCE: 1990 Census of Population and Housing, U.S. Department of Commerce, Bureau of the Census. *Figure shown is from 1981 Town of Kitty Hawk Census. The median family income in 1989 in Kitty Hawk was $36,167 and the mean family income was $43,265. The median household income in 1989 in Kitty Hawk was $30,521 and the mean household income was $37, 851. There were 797 households recorded, 544 of which were families while 253 were non -family households. WRT\9414.RPT - 6 - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The poverty status in 1989 by age by household type and relationship is reflected in TABLE 4. TABLE 4 POVERTY STATUS BY AGE BY HOUSEHOLD TYPE AND RELATIONSHIP IN 1989 IN KITTY HAWK, NORTH CAROLINA HOUSEHOLD TYPE AGE GROUP AND POVERTY STATUS Under 65 65-74 75 + Above Below Above Below Above Below Poverty Poverty Poverty Poverty Poverty Poverty In married -couple family 1,166 45 124 0 33 0 In other family: 43 8 2 0 0 0 Male householder, no wife present Female householder, 94 44 5 0 4 2 no husband present Unrelated individuals: 17 6 0 0 0 0 In family households In non -family households: 136 11 20 5 19 9 Householder: Living alone Not living alone 40 13 0 0 0 0 Nonrelatives 36 17 2 0 0 0 In group quarters 0 36 0 0 0 0 TOTALS AND PERCENT 1532 180 153 5 56 11 (79 %) (9 %) (8 %) (.3 %) (3 %) (.7 %) SOURCE: 1990 Census of Population and Housing, U.S. Department of Commerce, Bureau of the Census. 3. Land Use The pattern of development in Kitty Hawk is a unique mixture of resort beach and traditional Outer Banks village. Kitty Hawk Village and Kitty Hawk Beach are two distinctly identifiable parts of the Town. The Village has existed for generations and is the center of Kitty Hawk's traditional, self-sustaining lifestyle. The Beach is newer -- most of it built in the past 20 years. It represents the newer, resort -oriented aspect of the community. WRT\9414.RPT - 7 - Both Village and Beach are characterized by low to medium -densities, single- family residential development served by small businesses. Both share a feeling that development remains on a human scale and in harmony with nature. It is a pattern and character of development that the Town's people, year round and seasonal, are quite comfortable with and want to retain. As in most communities, detached, single-family homes constitute the greatest share of development in Kitty Hawk. Densities in Kitty Hawk Beach are somewhat higher than in Kitty Hawk Village, a result of the area's attractiveness for tourist and retirement homes. Most of the Beach's homes are only occupied seasonally. Kitty Hawk Village is an easily -defined cluster of homes and other buildings that lies away from the ocean along Kitty Hawk Road and side roads leading south toward Kitty Hawk Bay. Most of the Village's homes are occupied year round. Newer subdivisions along Currituck Sound and in Kitty Hawk Woods are beginning to be built but for now contain only a few homes. Commercial uses are interspersed throughout the residential areas, with the major businesses concentrating along N.C. 12 and U.S. 158. The rest are scattered throughout Kitty Hawk Village. The businesses are primarily small, independent operations that serve the needs of year round residents and summertime visitors. Occasionally, land use compatibility problems are witnessed as interspersed commercial and residential uses come into conflict, primarily due to actions of individuals. The use of buffers is seen as an acceptable means of minimizing such conflicts, as are regulations governing outdoor displays. In a similar manner, institutional uses are scattered throughout the community. These include churches, the old post office, the Town Hall, and the fire station. There are several sites in the community that could be considered "industrial" in nature -- the North Carolina Power station between the Beach and the Village, the former headquarters and yard of Outer Banks Contractors along Kitty Hawk Road, the concrete plant on Poor Ridge Road, and the barge landing on Bob Perry Road. See MAP 1, EXISTING LAND USE. Much of the land in Kitty Hawk remains undeveloped. As of May 31, 1994, Dare County reports some 2,757.49 acres in the Town remain vacant. Vacant frontage and vacant lot/unit add an additional 106.67 acres. This total, 2,864 acres, represents 54% of the 5,248 total acres in Town. Kitty Hawk Woods, a vast maritime forest, is near the physical center of the Town. It is significant in that it contains a wider variety of species than either Nags Head or Buxton Woods and includes species not observed again until 100 miles inland. Grassy marshes and forested swamps occupy much of the area of the southwestern corner of the Town. There are also significant undeveloped stretches of back dunes west of U.S. 158. These undisturbed natural areas are a key ingredient in Kitty Hawk's character. In addition to supporting a variety of wildlife, waterfowl, and fisheries, they hold a great deal of aesthetic value that makes Kitty Hawk a special place to live. WRT\9414.RPT - 8 - The character of Kitty Hawk is that of a low -density residential community with commercial establishments serving its residents and seasonal visitors. The community has no commercial agricultural or forestry areas, no known exploitable minerals (except sand), and no commercial fisheries. The community's residents actively pursue a variety of ' recreational opportunities reflecting their individual preferences including fishing, swimming, hunting, surfing, running, bicycling, golfing, and horseback riding. ' Throughout the process of developing this 1994 Update, the Town's residents and elected and appointed officials expressed a commitment to preserve the low -density character of the community with limited provisions for multifamily and additional ' commercial development. In Kitty Hawk, "low" density ranges from less than two units per acre to no more than four units per acre. Kitty Hawk's special atmosphere comes from its combination of natural beauty and small-scale development. Maintaining this atmosphere requires not only protecting the Town's natural resources but also keeping buildings, signs, utility lines, and other structures ' as unobtrusive as possible with respect in size, design, and construction. Designing buildings at a scale that overwhelms surrounding structures and natural features such as dunes and trees works against the goal of maintaining Kitty Hawk's low -density, small-scale character. Designing buildings and signs at an appropriate scale, and with appropriate materials, will do much more to enhance this character and to accentuate Kitty Hawk's natural beauty. SOURCES: Land Use Plan Kitty Hawk North Carolina 1983: Land Use Plan Kitty Hawk North Carolina 1989; Dare County Data Processing Department; and Town of Kitty Hawk Planning Department. 4. Utilities and Services Utilities and services deemed adequate to meet the current normal needs of the citizens of the Town exist. Water and sewer services are discussed later in this chapter as are the transportation system and design capacities and utilization of community facilities. Other services include: recreation and beach areas, police protection, emergency medical services, fire fighting, solid waste, schools, libraries, and public health. In Kitty Hawk, the major tourist attractions are the Atlantic Ocean and the waters of the Currituck Sound and Kitty Hawk Bay. Typical water related recreational activities occur in and along the ocean, bays, and sounds surrounding the Town. These include boating, fishing, crabbing, sailing, and sunbathing. There are 13 public beach access points along Kitty Hawk's four -mile oceanfront. Limited parking, however, is available at only three of these sites and this presents problems to which the Town is currently seeking solutions. The Town has erected uniform, brightly -color signs provided by the North Carolina Division of Coastal Management at each access point. The Town has also built and maintains a public bath house with a parking lot. The Town also provides lifeguard protection. In addition, there is an 18-hole golf course within the Town and baseball, football, and basketball facilities at Kitty Hawk Elementary School in neighboring Southern Shores. t WRT�9414.aar There are several State roads in Town that could provide access to Currituck Sound, Kitty Hawk Bay, and along some canals for expanded recreational opportunities. These areas offer limited recreation at the present time. However, with good planning, they could become tremendous assets to the community. They could support a variety of recreational activities including small parks, picnic facilities, boat ramps, wading and swimming areas, and crabbing and fishing areas. In some areas, periodic dredging of the Sound and Bay may be necessary to enable even small craft to adequately reach them from the canals, streams, and shores of Kitty Hawk. Established in 1981, a professional police force provides police protection to the Town. Currently, the force is comprised of 13 officers and a fleet of 15 vehicles. Dare ' County provides emergency medical services to Kitty Hawk through a paid force of 72 Emergency Medical Technicians (EMT). These include 39 Paramedics, 33 Advanced/ Intermediate EMTs, and one Basic EMT. Eight ambulances and one Emergency Medical Services helicopter are available to serve Dare County. Firefighting services are provided to the Town under contract with the 35 member Kitty Hawk Volunteer Fire Department. In 1994, the Department's first full time paid chief was hired. Some long range and short term goals include: increasing membership of those providing emergency .services to 40 and adding 10 persons to a support group for a total roster of 50 within the next 5 years; beginning a first responder program to increase the level of emergency medical services , currently being provided to the citizens of Kitty Hawk and decrease response times to areas of the village, west of U.S. 158; and, increase the career staff of the fire department to assist the Chief in. fire prevention inspections and general maintenance and upkeep of ' equipment and apparatus in the Department. There are currently eight members who have attained Firefighter. Certification Level I and three who have attained Level II. There are twelve members that are either Certified Emergency Medical Technicians or are First ' Responders. The Department also has a Junior Firefighter Program for individuals ages 14 to 17 years. Currently, there are eight youths in the program which has a total of twelve ' slots. The Department's training program is extensive and in depth, providing the best possible and up to date training available. The Department has three engines, one tanker, and miscellaneous equipment at its disposal to use during emergency incidents. In addition, ' the Department provides assistance at automobile accidents as well as extrication and operates at the Operations Level during hazardous material incidents. ' The Beach Central Communications System makes it possible for those in need to dial 9-1-1 to report the need for police, fire, or emergency medical assistance to a central dispatcher. The system, funded as a part of the Dare County budget, operates from ' headquarters in the Dare County Detention Center in Manteo. Solid waste services are provided through agreement with Dare County. Presently, solid waste pick-up costs the Town about $160,000 per year while transport and tipping fees at the regional landfill in Bertie County add another $44.91 per ton. Recycling services are provided by agreement with Kill Devil Hills at their recycling center for about ' $20,000 per year. This arrangement will service the Town throughout the planning period. Dare County is responsible for planning, maintaining, and operating the public schools that serve the residents of Kitty Hawk. Two new schools, First Flight Elementary and First Flight Middle School, opened in the 1991-92 school year. School facilities are ' discussed in detail in Part 9, d. of this chapter on page 29. WRT\9414.RPT - 10 - I I� Library services for Kitty Hawk residents are provided by Dare County. Library services to the entire area were greatly enhanced with the opening of a branch of the Dare County Library in Kill Devil Hills in 1990. Medical services to the Town and area are provided by the Regional Medical Center which offers ambulatory surgery. The medical center is located in Kitty Hawk. In addition to resident physicians, a number of non-resident specialists have office hours on certain days of the week at the North Beach Medical Center. A number of practicing dentists are available in the area, including one in Kitty Hawk. There are also several optometrists, chiropractors, and a radiologist in the area as well as several pharmacies. Britthaven Outer Banks, a private nursing home, is in Nags Head. Basic public health services are available to all Town residents at the Dare ' County Health Department in Manteo. Emergency medical cases in Kitty Hawk and elsewhere in Dare County can be evacuated by ambulance or helicopter to hospitals in Elizabeth City and/or Virginia's Hampton Roads area, under the supervision of the County's ' Director of Emergency Services. A helipad was recently constructed at the Regional Medical Center in Kitty Hawk. Insect control in the Town falls within the jurisdiction of Dare County. 5. Transportation System In Kitty Hawk, several different classifications of roads afford vehicular movement in and through the Town. As of July 1, 1993, there were a total of 19.90 miles of local streets in Kitty Hawk with an average width of not less than 16 feet. Of this total, there were 0.28 miles of dirt/unsurfaced local streets, .0.86 miles of soil, stone, or gravel type surfaced local streets, and 18.75 miles of hard surfaced local streets. In addition, there ' were 4.51 miles of local streets with an average width of less than 16 feet in Town. The State primary and secondary systems in Town consist of 19.67 total miles. The Town utilizes funds received through the North Carolina Department of Transportation (NCDOT) ' through the Street Aid Allocation Program to maintain the public roads that are not maintained by NCDOT directly. ' Additions and improvements to the Town's road network, such as hard surfacing and widening, would facilitate the flow of traffic through the community. ' 6. Housing and Accommodations ' At present, the private sector adequately meets the housing and accommodations needs of the citizens of and visitors to Kitty Hawk. Kitty Hawk witnessed the issuance of 1,155 building permits for construction during the period 1982 through 1988 according to figures contained in the Land Use Plan 1989. It is not clear what percentage of this total represents the construction of new ' structures. North Carolina Power reports that about 1,000 new structures were built in Town in the decade 1980-1990 so the percentage of new structures represented by the total of building permits issued from 1982-1988 is assumed to be quite high. Town records MRT\9414.RPT - 1 1 indicate that 163 permits for new residential structures and 22 new commercial structures were issued during the period 1989 through 1993. During the period, fourteen new mobile homes were permitted as were twelve condominium projects. Also, the period 1989 through 1993 saw eight demolition permits issued. North Carolina Power reports that there are 1,958 structures on subdivided lots and acreage tracts in Town. This compares to 1990 Census counts of 2,105 housing units. An analysis of reported vacancy rates reveals that 797 of the 2,105 housing units in Town were occupied year round while the balance, 1,306, were vacant or not lived in year round. Of the 1,306 vacant or not lived in year round housing units, 167 were condominium units and 1,139 were non -condominium units intended for sale or seasonal, recreational, occasional, or other uses. 7. Plans, Studies, and Regulations a. Introduction The Town of Kitty Hawk uses the police powers vested in the Town Council to enforce a number of land use regulations. The Town also maintains a professional staff to administer these and relies on advisory groups -- particularly the Planning Board -- to develop plans and to make recommendations to the Council concerning land use and growth management. Chapter 14, Planning and Development, of the Kitty Hawk Town Code, establishes the Town's Planning Board and sets forth the duties and responsibilities of same. In addition, various State and Federal agencies are relied upon to conduct studies and offer input in areas effecting land use such as soils evaluation and transportation system planning. The following paragraphs briefly discuss the plans, studies, and regulations that are relied upon to help guide land use decisions and implement land use policies in Kitty Hawk. These documents are available for public review in the Kitty Hawk Town Hall. b. Land Use Plan Kitty Hawk North Carolina 1989 The Land Use Plan Kitty Hawk North Carolina 1989, approved by the Town Council on April 27, 1989 and certified by the North Carolina Coastal Resources Commission on May 26, 1989, has served as the Town's chief planning document. The Land Use Plan 1989 was the second plan developed by the Town and represented an update of a similar document prepared and adopted in 1983. The Land Use Plan 1989 contains 134 statements and some general discussion of implementation strategies. c. Soil Survey of Dare County. North Carolina (1992) This document is a publication of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture (USDA), and State and local agencies. The USDA's Soil Conservation Service was the lead agency in the effort to survey soils in Dare County. WRT\9414.RPT - 12 - ' Field work for the survey was completed in 1986. The types of soils and their locations in the Town, and a discussion of soils suitability, limitations, and management for specified uses is provided in the report. Part 8, b., (5), which follows, discusses the soils found in the Town in more detail. EXHIBIT 1, on page 21 of this URdate, shows the types of soils found in the Town and selected characteristics. d. Kitty Hawk Town Code, Chapter 20, Zoning ' Shortlyafter its incorporation in 1981 Kitt Hawk adopted -- with minor � � Y P changes -- the existing Dare County Zoning Ordinance that was in effect at the time as its own ordinance. This action was mainly one of expediency. State law gives a new community 60 days to adopt a new zoning ordinance, adopt the one under which it had been ' operating, or be without a zoning ordinance. Recognizing that a new zoning ordinance could not be developed and approved within 60 days, and that operating without a zoning ordinance was unacceptable, the Town adopted a modified version of the Dare County ' Zoning Ordinance. Since 1981, the Zoning Ordinance has undergone significant changes which ' provide for more efficient management of growth and development. There is substantially more emphasis on unified plans for commercial development. There are still problems of a transitional nature, such as: residential uses in commercial zones; mixed commercial uses; ' parking; mobile homes; streets; and, conservation and environmental concerns. These will probably result in further Zoning Ordinance amendments. Currently, there are fifteen zones and two overlay districts in force. These are: BR-1 Low Density Beach Residential; BR-2 Medium Density Beach Residential; BR-3 High Density Beach Residential; ' BC-1 General Beach Commercial; BC-2 Beach Commercial; BC-3 Community Shopping Mall; ' BH Beach Hotel; BH-2 Beach Hotel; VR-1 Low Density Village Residential; VR-2 Medium Density Village Residential; VR-3 High Density Residential Village; ' VC-1 Village Commercial; VC-2 Commercial; VC-3 Village Commercial; ' KHW Kitty Hawk Woods; PCD Planned Commercial Development (Overlay District); and, PUD Planned Unit Development (Overlay District) WRT\9414.RPT - 13 - e. Ordinance No. 91-14, Signs This ordinance, included in the Kitty Hawk Town Code, Chapter 20, Zoning, as Article VI, Division 3, is intended to: encourage the effective use of signs as a means of communication in the Town; maintain and enhance the aesthetic environment and the Town's ability to attract sources of economic -development and growth; be appropriate to and improve pedestrian and traffic safety; minimize the possible adverse effect of signs on nearby public and private property; and, enable the fair and consistent enforcement of these sign restrictions. Signs may be erected, placed, established, painted, created, or maintained in Town only in conformance with the standards, procedures, exemptions, and other requirements of this ordinance. f. Planned Unit Development Regulations governing Planned Unit Development are found in the Kitty Hawk Town Code, Chapter 20, Zoning, as Article V, Division 3. They are intended to provide developers with an option by which they can achieve flexibility of design, the integration of mutually compatible uses, and optimum land planning with greater efficiency, convenience and amenity than may be permitted as of right under the other parts of the Zoning Ordinance. A planned unit development is a'privilege, not a right. Within specified districts designated in the Zoning Ordinance, planned unit development regulations are intended to permit, on application and on approval of detailed site, use, building and development plans, the establishment of planned unit developments in areas which are suitable with respect to location, size, and physical character for development as units. Suitability of such tracts for the planned unit development proposed shall be determined primarily by reference to the goals and objectives of the land use plan and the planned unit development ordinance, characteristics of the site and area, and by the nature of the surrounding development. These regulations are intended to accomplish the purpose of zoning and control to the same degree as those regulations are intended to control development on a.lot-by-lot rather than unified basis. They are to promote economical and efficient land use, a higher level of amenities, appropriate and harmonious variety in physical development, creative design, and an improved living and. working environment. Planned unit developments may be established as a conditional use where tracts suitable in location and character for the uses and structures proposed are to be planned and developed as units, according to the requirements and procedures set forth in this division. Planned unit developments shall be appropriately located with respect to intended function, the pattern and timing of development existing or proposed in the land use plan, and to public and private facilities, existing or clearly to be available by the time development reaches the stage where they will be needed. WRT\9414.RPT - 14 - n P I I ' g. Kitty Hawk Town Code, Chapter 19, Subdivision ' The purpose of this chapter .is to establish procedures for the development and subdivision of real estate within the Town in an effort to: insure proper legal description, identification, monumentation and recordation of real estate boundaries; further the orderly ' layout and appropriate use of land; provide safe, convenient, and economic circulation of vehicular traffic; provide suitable building sites which drain properly and are readily accessible to emergency vehicles; assure the proper installation of road and utilities; promote ' the eventual elimination of unsafe or unsanitary conditions arising from undue concentration of population; and, help conserve and protect the physical and economic resources of Kitty ' Hawk. The chapter sets forth lot size, setback requirements, buffer and easement ' provisions, and platting and approval procedures. h. Kitty Hawk Town Code, Chapter 16, Soil Erosion and ' Sedimentation Control This chapter was adopted for the purpose of regulating certain land -disturbing ' activity to control accelerated erosion and sedimentation in order to prevent the pollution of water and public and private property by sedimentation. It establishes procedures through which this purpose can be fulfilled. ' This chapter applies to land -disturbing activities undertaken by any person, with four exclusions. The four exclusions are: those activities undertaken on agricultural land for the production of plants and animals useful to man; ' those activities undertaken on forest land for the production and harvesting of timber and timber products; ' activity undertaken by persons as defined in G.S. Paragraph 113A-52(8) who are otherwise regulated by the provision of The Mining Act of 1971 ' (G.S. paragraph 74-46 et seq.]. land -disturbing activity over which the State by statute has exclusive ' regulatory jurisdiction, which are those: ' conducted by the State; conducted by the United States; conducted by persons having the power of eminent domain; conducted by Town Council; licensed by the State or the United States; and, funded in whole or in part by the State or the United States. MRT\9414.RPT - 15 - i. Kitty Hawk Town Code, Chapter 8; Flood Damage Prevention The purpose of this chapter is to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas. This is accomplished by provisions designed to: restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters; control filling, grading, dredging and other development which may increase erosion or flood damage; and, prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in its flood insurance study for the Town (as amended from time to time), with accompanying maps and other supporting data and any revision thereto, are adopted by reference and declared to be a part of this chapter. j. Kitty Hawk Town Code, Chapter 7, Environmental Control Chapter 7, Environmental Control encompasses three very important areas of land use regulation. These are Sand Dune Protection, Coastal Management, and Post Storm Reconstruction. Article II (Sand Dune Protection) of Chapter 7 was adopted to preserve and promote the protection of the Town by maintaining the existence of natural and constructed dunes which help protect it from the danger of flooding and erosion of land against the actions of sand, wind, and water. The practice of destroying sand dunes and removing vegetation therefrom within the Town constitutes a serious threat to the safety of adjacent properties. This article was adopted for the health, safety, and welfare of persons living, visiting, or sojourning to and in the Town and for the protection of public and private property. WRT\9414.RPT - 16 - IArticle III (Coastal Management) of Chapter 7 establishes: procedures to be followed in issuing minor development permits in areas of environmental concern within the Town, including methods of coordinating with other local permits; ' scope and coverage, including the geographic extent of jurisdiction of the coastal area management program; ' responsibilities and capabilities of the permit -letting agency, including a description of the criteria to be used in choosing the permit officer; ' methods of identifying and taking into account projects and impacts of regional, State, and national concern, where applicable; procedures to ensure that the program is consistent with the approved land use plan; and, ' procedures to ensure that copies of all existing or proposed local ordinances relating to zoning and land use in areas of environmental concern to which the plan applies shall be submitted to the commission within the required time after final designation of areas of environmental concern, and that to the greatest extent possible the ordinances and regulations will be made consistent with the management program described in the article. The issuance of minor development permits required by the CAMA is administered and enforced in those areas of environmental concern (or parts of those areas of environmental concern) which are located within the corporate boundaries of the Town. ' Article IV (Post -Storm Reconstruction of Chapter 7 includes regulations (P ) p egu ations that ' are in keeping with the intent of the Town to allow rebuilding and reconstruction of damaged structures in an orderly manner. The Town will control the issuance of building permits to manage the location, timing, and sequence of reconstruction and repair. To ' further the intent of this section, the Town will make every effort to develop its capacity to identify and orchestrate various post -storm reconstruction resources, while at the same time ensuring maximum local control over the reconstruction process. ' 8. Land Suitability Constraints ' WRT\9414.RPT - 17 - H a. Introduction Field reviews, technical documents, maps, and inventories aid in the analysis of the general suitability of the undeveloped lands within Kitty Hawk. Such analysis must consider physical limitations for development which may be man-made hazards, natural hazards, water supply, areas with excessive slope, and areas with soil limitations. Areas of environmental concern and fragile areas and areas with resource potential must also be analyzed. b. Physical Limitations (1) Man -Made Hazards In Kitty Hawk, the most prevalent man-made hazard is the transportation system along which vehicular and pedestrian traffic move in and through its corporate boundaries. Delivery and container vehicles, some transporting hazardous materials, regularly travel through Town. Also, the tourist season brings a substantial increase in the number of automobiles travelling in and through the Town and thus the likelihood of accidents increases greatly. Also, the lack of sidewalks and bicycle paths in Town does not allow for segregation of vehicular and pedestrian traffic. (2) Natural Hazards Flooding is the most common natural hazard faced by the Town. The dominant source of flooding in Kitty Hawk is a storm surge generated in the Atlantic Ocean by tropical storms, northeasters, and hurricanes. In addition, this surge propagates in the bays and creeks surrounding the Town where high winds can produce intense wave actions. The wave actions associated with storm surge can be damaging as can the higher water level. Historically, storms passing North Carolina in the vicinity of Kitty Hawk have produced severe flooding as well as structural damage. The Federal Emergency Management Agency (FEMA) has caused the flood hazard areas in Kitty Hawk to be mapped and the 100-year coastal floodplain to be identified on a set of Flood Insurance Rate Maps (FIRM). The FIRM are available for public viewing at the Kitty Hawk Town Hall and at the Dare County Library. The 100-year floodplain is the area that will be flooded on the average of once every 100 years. It has a 1 % chance of being flooded in any given year. Similarly, it has about a 25 % chance of being flooded over the life of a 30 year mortgage. Smaller floods have a greater chance of occurring in any given year and thus can still create significant hazards to people and structures. MRT\9414.RPT - 18 - (3) Water Supply ' Kitty Hawk receives its potable water from the Dare County water system which was completed in 1980. Potable water is available to all areas in Town. The three primary water sources that feed the Dare County system are: ' deep wells in Skyco on Roanoke Island; Fresh Pond; and, ' Reverse Osmosis Plant. Quantity issues with respect to the water supply for Kitty Hawk are not ' pressing. Other issues related to the water system serving the Town include "looping" of water lines and the enhancement of fire fighting capabilities along US 158. ' (4) Areas Where Predominant Slope Exceeds Twelve Percent Areas in Kitty Hawk where the predominant slope exceeds 12 % include ' frontal and primary dunes along the ocean front and dunes with vegetative cover such as those found in Kitty Hawk Woods. ' (5) Areas With Soil Limitations I H n Soils are a basic natural resource whose properties greatly, influence how people use the land. Soil analyses can indicate areas which development should avoid or modify. Certain soil types indicate periodic storm flooding in low-lying soundside locations. Other soil types are associated with a high seasonal water table which can make an area unsuitable or uncomfortable for year-round habitation. The load -bearing capacity of different soils is also important in Kitty Hawk because of the number of structures that are built on pilings to withstand wind and flooding damages. The depth to which these pilings are driven must be determined through a knowledge of subsoil properties to ensure the strength of the building. Probably all of the soils in Kitty Hawk could be modified to accommodate any selected use, but environmental, monetary, and social costs would be excessive. The costs of improperly planned soils modifications is borne not only by the developer but also by the public since misuses of the land can lead to severe environmental problems for the community. Therefore, it is desirable to recognize the limitations of certain soils and to evaluate their potential or suitability for septic tanks, landfills, waste disposal, urban development, industrial development, recreation, roads, and the like. WRT\9414.RPT - 19 - EXHIBIT 1 which follows is derived from the United State ' Department of Agriculture, Soil Conservation Service's Soil Survey of Dare County. North , Carglina, and shows the different types of soil in Kitty Hawk and certain of their characteristics. The Soil Survey and mapping of soil types are available for public viewing at the Kitty Hawk Town Hall and the Dare County Library. Copies are also available at the , Dare County Soil and Water Conservation District Office, located in the Dare County Satellite Office in Kill Devil Hills. WRT\9414.RPT - 20 - I EXHIBIT 1 Soil Types and Characteristics. in Kitty Hawk, North Carolina LOCAL ROADS HIGH WATER FREQUENCY OF SEPTIC TANK ABSORPTION AND STREETS TABLE DEPTH SOIL NAME MAP SYMBOL* SLOPE FLOODING FIELDS LIMITATIONS RATING LIMITATIONS RATING (FT.) Beaches-Newhan complex BnD 0-25% slopes Not Specified Severe: poor filter Not Rated >6.0 Conoby muck CnA 0-2% slopes Rarely Flooded Severe: wetness Severe: wetness 0-1.5 Corolla fine sand CoB 0-6% slopes Rarely Flooded Severe: wetness, poor filter Moderate: flooding, wetness 1.5-3.0 CuA 0-1% slopes Frequently Flooded Severe: flooding, wetness, poor filter Severe: subsides, wetness, flooding +1-1.0 Currituck mucky peat DtA 0-2% slopes Occasionally Flooded Severe: flooding, wetness, poor filter Severe: wetness, flooding 0-1.0 Duckston fine sand DwE 2-40% slopes Not Specified Severe: poor filter, slope Severe: slope >6.0 Dune land-Newhan complex Fripp fine sand FrD 2-30% slopes Not Specified Severe: poor filter, slope Severe: slope >6.0 Newhan fine sand NeC 0-10% slopes Not Specified Severe: poor filter Slight >6.0 NhC 0-10% slopes Not Specified Severe: wetness, poor filter Slight -Moderate 1.5-3.0 Newhan-Corolla complex Osier fine sand OsA 0-2% slopes Rarely Flooded Severe: wetness, poor filter Severe: wetness 0-1.0 Oub 0-5% slopes Rarely Flooded Severe: flooding, wetness, poor filter Severe: flooding 1.5-3.0 Ousley fine sand Psammento PsB 0-6% slopes Not Specified Not Rated Not Rated ** * See Sheet 3, "Soil Survey of Dare County, North Carolina," United States Department of Agriculture, Soil Conservation Service, March 1992. ** Not estimated. SOURCE: Derived from "Soil Survey of Dare County, North Carolina," United States Department of Agriculture, Soil Conservation Service, March 1992. - 21 - Soil limitation ratings refer to the soil's capacity to support dwellings, streets, septic tank fields. A rating of "slight" means that the soil's chemical and physical properties are generally favorable for these uses or that any limitations are minor and easy to overcome. A rating of "severe" means that the soil's properties are unfavorable and that these limitations are difficult to correct or overcome. A rating of "severe" does not preclude possible development. However, any unfavorable conditions must be overcome by appropriate land development techniques. In all cases, on -site investigations of the soil are necessary for the proper design and placement of buildings, foundations, roads, utility lines, and septic systems. In rating a soil for any limitations for dwellings, emphasis falls on its load -bearing capacity (for holding the foundation), slope, susceptibility to flooding, depth to seasonal high water table, and other hydrologic conditions. In rating a soil for limitations for roads, emphasis falls on its susceptibility to flooding, depth to seasonal high water table, texture, drainage and ease of hauling and loading. In rating a soil for any limitations for septic tank filter fields, emphasis falls on its permeability, susceptibility to flooding, depth to water table : and slope. The on -site disposal of septic tank effluent is a common soils problem in Kitty Hawk. Thus, development may be limited in some cases. For example, in one case involving several lots along Poor Ridge Road, development was limited as septic tanks were not allowed. Using existing septic tank technology, many wet and/or impermeable soils in the area are severely limited in their ability to accommodate effluent in a safe and sanitary manner. In some dry soils, such as dune sand, the soil is too permeable to accommodate effluent, leading to the pollution of groundwaters and adjacent estuarine waters. Using existing technology, it is difficult and/or expensive to overcome these limitations in a way that is not damaging to the environment. When local officials know these problems exist, they can deal with them by adopting appropriate requirements for development, such as minimum lot sizes. Then, proper technical adjustments and innovations can often make development environmentally acceptable. SOURCES: Soil Survey of Dare County. North Carolina, United States Department of Agriculture, Soil Conservation Service, March 1992; Land Use Plan Kitty Hawk North Carolina 1983; and, Land Use Plan Kitty Hawk North Carolina 1989. c. Areas of Environmental Concern and Fragile Areas Under the Coastal Area Management Act, North Carolina's Coastal Resources Commission (CRC) has designated a number of areas of environmental concern (AECs) in order to protect the State's valuable natural resources. See MAP 2, AREAS OF ENVIRONMENTAL CONCERN AND FRAGILE AREAS. In Kitty Hawk, six types of AEC in two categories are found. These are: F L I WRT\9414.RPT - 22 - • Estuarine Systems AECs: 1. Estuarine Waters 2. Coastal Wetlands 3. Public Trust Waters 4. Estuarine Shorelines s Ocean Hazard AECs: 5. Ocean Erodible Areas 6. High Hazard Flood Areas The approximate location and extent of these AECs are indicated generally on MAP 2, but their exact location and extent must be determined by on -site inspections. Estuarine System AECs: The lands and waters that comprise the estuarine system hold enormous economic, biological, social, and aesthetic values for the Town of Kitty Hawk and the State of North Carolina. These lands and waters are interdependent and must be managed as a unit. Any alteration, however slight, in one component of the estuarine system may result in unforeseen consequences to seemingly unrelated areas of the system. In order to protect the estuarine system, the CRC has designated individual components of it as AECs and adopted guidelines for their use. These components are the estuarine waters, coastal wetlands, public trust areas, and estuarine shorelines. Each of these is either directly within the estuary itself or significantly affects the estuary. All of these are found within Kitty Hawk. The estuarine waters AEC includes all waters of the State's bays, sounds, and streams seaward of the dividing line between coastal fishing waters and inland fishing waters as set forth by a joint agreement between the Wildlife Resources Commission and the Marine Fisheries Commission. In Kitty Hawk, the estuarine waters AEC includes the man- made tributaries of Currituck Sound and Kitty Hawk Bay. Natural streams such as High Bridge Creek (Jean Guite Creek or Ginguite Creek) and Duck Pond Creek are classified inland waters. The coastal wetlands AEC includes any salt marsh or other marsh subject to regular or occasional flooding by tides, whether or not the tidal waters reach the wetlands through natural or artificial watercourses. Coastal wetlands are important because they yield high levels of organic detritus and nutrients which serve as a primary food source for various species of fish, shellfish, and waterfowl. Their dense vegetation and root networks also help retard shoreline erosion and trap sediments before they reach the estuarine waters. There are no coastal wetlands along Kitty Hawk's ocean shoreline. However, extensive wetlands line Currituck Sound and Kitty Hawk Bay. The public trust waters AEC includes: all waters of the Atlantic Ocean and the lands thereunder from the mean high water mark to the seaward limit of State jurisdiction; WRT\9414.RPT - 23 - I all other bodies of water subject to lunar tides and the lands thereunder below the mean high water level; all waters in artificially created bodies of water containing significant public fishing resources or other public resources which are accessible to the public by navigation from bodies of water in which the public has rights of navigation; and all waters in artificially created bodies of water in which the public has acquired rights by prescription, custom, usage, dedication, or any other means. In Kitty Hawk, the public trust waters AEC covers the waters and submerged lands of the Atlantic Ocean, Currituck Sound, and Kitty Hawk Bay. It also covers the many navigable natural and man-made channels that open into Currituck Sound and Kitty Hawk Bay. The estuarine shoreline AEC covers non -ocean shorelines which are typically subject to erosion, flooding, and other adverse effects of wind and water. Though.the estuarine shorelines are typically dry land, they are intimately connected to the estuary. Development along the shoreline can have a strong effect on the quality of estuarine waters, coastal wetlands, and their ability to sustain their economic, biological, social, and aesthetic values. As defined by the CRC, the estuarine shoreline AEC extends from the mean high water level or normal water level along the estuarine waters AEC to a line 75 feet landward. In Kitty Hawk, the estuarine shoreline AEC encompasses the entire shoreline along Currituck Sound and Kitty Hawk Bay. Ocean hazard AECs: The Atlantic Ocean shoreline is especially vulnerable to erosion and other adverse effects of wind and water. Ocean hazard AECs include beaches, frontal dunes, inlet lands and other areas in which geologic, vegetative, and soil conditions indicate a substantial possibility of excessive erosion or flooding. Uncontrolled or incompatible development within these areas can present an unreasonable danger to life and property. In Kitty Hawk, there are two types of ocean hazard AECs. These are ocean erodible areas and high hazard flood areas. The ocean erodible AEC includes that area in which there exists a substantial possibility of significant erosion and shoreline fluctuation. The seaward boundary of this area is the mean low water line. The landward boundary of this area is determined as a combination of: a distance landward from the first line of stable natural vegetation to the recession line established by multiplying the long-term annual erosion rate,.as most recently determined by the CRC, by 60 for large structures and by 30 for small structures. Where there has been no long-term erosion or the rate is less than two feet per year, this line is 120 feet landward from the first line of stable natural vegetation for large structures, 60 feet for small structures; plus WRT\9414.RPT - 24 - ' the distance landward from the above recession line to a second recession line that would be generated by a storm having a one percent chance of being ' equalled or exceeded in any given year. In Kitty Hawk, the ocean erodible AEC covers the entire Atlantic Ocean shoreline and consists of three separate segments with different rates of erosion and different "setbacks" established by the CRC from the first line of stable natural vegetation. ' The high hazard flood AEC is the oceanfront area subject to flooding and high velocity waters including wave wash in a storm having a one -percent chance of being equalled or exceeded in any given year. In Kitty Hawk, other significant fragile areas include Kitty Hawk Woods (see Chapter III, C., number 4 on page 45); 404 wetlands (See Chapter III., B., number 3. c. on ' page 37); and, fisheries areas (See Chapter III., C., number 2. on page 44). d. Areas With Resource Potential Kitty Hawk possesses no known mineable resources except sand. 9. Carrying Capacity Analysis ' a. Introduction The concept of carrying capacity comes from natural scientists concerned with ' wildlife who observed that if the number of animals in a given habitat exceeded the.capacity of the habitat to sustain them then the quality of life of those animals deteriorated causing them to leave, to live diminished lives, or to die. This is a fairly straight forward concept t to apply in nature where the elements of the habitat are relatively fixed and changes that occur are readily observable and the results relatively immediate. In the case of the built environment the concept is instructive but not as precise. It lacks precision because the environment can be and usually is quite easily changed. If the environment lacks a crucial element, water for example, this can be remedied by sinking a deeper well by an individual or by building a water system by a community or other applications of technology and ' expenditures of money. It also lacks precision because humans are adaptable. It has been shown that the requisites for a successful community are many and interrelated. Some of them are basic. Water is probably the best example. Without a consistent supply of potable water, life simply cannot continue. In any built environment, the elements of the capacity are generally the same. They include water and wastewater treatment. Land is an obvious element because without sufficient land it is difficult to build a sustainable development for humans. Roads are essential, as are police and fire protection, education, health care, and social services. WRT\9414.RPT - 25 - Each of these elements make a community vital but their relative importance will vary from place to place in terms of the tastes and preference of the residents, the relative scarcity of the element, and the legal authority of the community to deal with the element. The fact that Kitty Hawk has clearly expressed a preference for being a family - oriented beach community sets it apart from many other places and these preferences directly affect other elements such as the land, and how it is used. The fact that Kitty Hawk is on an island makes land the most precious element. The amount of land is fixed and may in fact diminish because of the eroding action of the ocean. The legal authority of the Town to deal with certain elements is limited by State legislation and decisions made by others before the Town was incorporated. For example, the authority of the Town to deal with roads is limited because many of the roads are in the State system. The water distribution system belongs to Dare County. The rules and regulations dealing with wastewater treatment are promulgated by the County and the State. In spite of these limitations, an examination of these elements can be instructive because the most basic element for Kitty Hawk, the land, is within the legal authority of the Town, and because, regardless of where the legal authority for other elements resides, decisions made by the Town with regard to the land will have an impact on those other elements. For example, a decision to allow very high density development rather than low density would place an increased burden on the water and the road systems, would require more police protection and, especially if the buildings were tall, might require special fire fighting equipment. The land for Kitty Hawk is the fundamental resource. The amount of land within Kitty Hawk is finite. The ability of the land to sustain development depends on several factors. To a certain extent it depends on the natural limitations of the soil but this is by no means an absolute limitation. Human beings have shown extraordinary ingenuity in adapting land to serve their own purposes. The natural limitations are in fact limitations on development only when the community decides that these limitations have value to the community and should be respected. b. Carrying Capacity Scenario Some 2,864 taxable acres of vacant land, vacant frontage, and vacant lots (of 5,248 total acres) were reported by Dare County as of May 1994 in Kitty Hawk. Realistically, however, only a portion of this land can and will be developed given existing circumstances and regulations. The development that does ultimately occur on this land will be the result of many factors. The primary factor is the developability of the land which is discussed in the following paragraphs. Another significant factor is the Town's zoning regulations. Chapter 21, Zoning, of the Kitty Hawk Town Code specifies maximum dwelling units per acre for each of its residential and commercial districts. Experience has shown, however, that the actual development that occurs is less than the maximum allowed. To factor this in, an average of two dwellings per acre was used in the carrying capacity scenario that follows. WRT\9414.RPT - 26 - To more accurately calculate the remaining acres available for development in Kitty Hawk, the developability of the vacant acreage must be determined. From the 2,864 taxable acres of vacant land, vacant frontage, and vacant lots, one must subtract certain acreages that cannot or will not be developed or are otherwise committed. These include: 461 acres in the Kitty Hawk Woods conservation easement; 59 acres along the ocean front lacking sufficient area for building development; 150 acres of wetlands/marsh in Kitty Hawk Village between Herbert Perry Road and Poor Ridge Road; 167 acres of wetlands/marsh between Bob Perry Road and Poor Ridge Road; 620 acres of wetlands/marsh west of Bob Perry Road including Stone Island; 150 acres along The Woods Road being developed as acreage tracts for single family residential development; 40 acres of wetlands/marsh south of Sound Landing; 115 acres contained in a proposed conservation area; and, 72 acres being developed as a planned unit development. The total acreage that cannot or will not be built upon, or is otherwise committed, is 1,834 acres, Subtracting this figure from 2,864 acres leaves 1,030 acres of developable land. Further, setting aside 10 % of this total for other improvements necessitated by development leaves 921 acres. If it is assumed that these are built to the average density allowed by the Town's zoning regulations (2 DU/Acre), then the total number of new dwelling units .that might be expected in Kitty Hawk is only 1,854. If existing units, as reported in the 1990 Census (2,105), and those units for which permits were issued since 1990 (138) are added to 1,854, the total number of dwelling units at build out would be 4,097. Using this scenario, population or capacity of the land in Kitty Hawk to absorb development may be projected any number of ways. The following were used: A. Assume the Kitty Hawk average of 2.4 persons per household, as ' reported in the 1990 Census (1,937 people divided by 797 households), occupy each dwelling unit year round. ' B. Assume that (a) half of the dwelling units are occupied by 2.4 people year round and (b) half are occupied in the summer by 6 people. C. Assume that (a) one-third of the dwelling units are occupied by 2.4 people year round and (b) two-thirds are occupied in the summer by 6 people. WRT\9414.RPT - 27 - I Application of these assumptions to the scenario yields the following: A. 2.4 people x 4,097 dwelling units = 9,832 dwellers B. 2.4 people x 2,048 dwelling units = 4,915 year round dwellers 6 people x 2,049 dwelling units = 12.294 summer dwellers = 17,209 total summer population C. 2.4 people x 1,365 dwelling units = 3,276 year round dwellers 6 people x 2,732 = 16.392 summer dwellers = 19,668 total summer population These assumptions and projections yield a range from a low of 3,276 people in the off season to a high of 19,668 people in the summer. Unless preferences change and the existing regulatory regime that controls the density of development changes, the reality lies somewhere in between. In addition to residential development, commercial development will take place. There are between 45 and 55 suitable commercial acres in Kitty Hawk still available for commercial development although the calculations above concerning dwelling units assumes all available acreage will be ultimately used for residential purposes. It is hard to determine if there is an adequate supply since some of commercial land has already been used for residential purposes, and the existing Zoning Ordinance allows further residential uses in commercial districts as conditional uses. This provision makes it difficult to make sound judgments about the need for commercial areas and builds a certain amount of uncertainty into the population projections since by allowing residential uses in commercial areas the population figures could rise by a substantial amount. c. Water and Sewer Service Areas Public water is or can be made available to all areas within the Town. As of May 1994, there were 1,932 metered water customers (commercial and residential) in Kitty Hawk. Nearly all of the homes and businesses in Kitty Hawk rely on septic tank and drainfield systems to treat and dispose of wastewater. While under good conditions, such systems are perfectly adequate. Kitty Hawk's natural environment presents enough hazards to the proper functioning of septic systems that their use must be carefully monitored. As noted earlier, most of the soils in the Town of Kitty Hawk are not well -suited for septic tanks and drainfields. Periodic high water tables in certain areas can block the proper percolation of wastewater throughout the soil and can lead to the contamination of estuarine waters. In addition, placing septic systems too close to wells creates a threat to human health. The Dare County Health Department is responsible for overseeing and permitting the use of septic systems in Kitty Hawk; in doing so, the Health Department uses standards adopted by the State of North Carolina's Department of Environment, Health, and Natural Resources, Division of Environmental Health. These standards cover the design and location of septic tanks and drainfields. The standards are currently adequate to meet Kitty Hawk's needs and concerns. WRT\9414.RPT - 28 - In addition to septic systems, package treatment plants are gaining popularity in North Carolina's coastal communities. Such plants are usually constructed and maintained by developers to service residential subdivisions and condominium projects. ' Unless a package treatment plant is properly maintained and continuously monitored, it can easily break down, inconvenience the property owners who depend on it, and threaten public health. An improperly managed plant can also become a financial liability to the Town if ' the developer or homeowners abdicate responsibility for operating it. The Town will avoid these problems by not allowing such plants or obtaining financial and legally binding assurances from developers and homeowners associations that package treatment plants will be properly managed and maintained. d. Design Capacity and Utilization of Community Facilities ' At present, most community facilities generally appear to be adequate to meet existing demands. However, for the ten year planning period (1994-2004), facilities' ' maintenance and upgrading of fachities will become more crucial. The solid waste disposal needs of Kitty Hawk will be met for at least the next ' decade through agreement with Dare County utilizing the regional solid waste facility in Bertie County. The educational needs of Kitty Hawk are also the responsibility of and are being met by Dare County. The design capacities for Dare County Schools are: ' First Flight Elementary School .................... 540 First Flight Middle School ............. 572 Kitty Hawk Elementary School .................... 720 ' Manteo High School ............................ 675 Current enrollments at each are: ' First Flight Elementary School .................... 536 First Flight Middle School ....................... 431 ' Kitty Hawk Elementary School .................... 459 Manteo High School ........................... 734 ' A 5% annual increase in enrollment is projected. At present, the only planned improvements are to Manteo High School. Planned improvements to the school, include the addition of a new media center, conversion of the existing media center into classrooms, and the conversion of a part of the health and administration facilities into classrooms. 11 The North Carolina Department of Transportation maintains the major highways within the Town and routinely develops plans for system improvements. The Town is committed to a policy of maintaining local streets. See Chapter III, D., number 25 on page 62. WRT\9414.RPT - 29 - Police, fire, and emergency medical service of and for the Town are deemed adequate. Police and fire facilities and personnel needs are constantly being evaluated and will be provided as necessary. The Kitty Hawk Volunteer Fire Department is in the process of acquiring land for a satellite station. Police Department needs are being evaluated by Town Council. Public safety is also discussed in Chapter III, D., number 18 on page 57. The Town continues to review its needs with respect to recreation and recreational facilities. Recreational facilities are also discussed in Chapter III, D., number 17 on page 57. e. Build Out Considerations Wetlands, conservation easements and areas, and restricted developments account for some 1,834 acres in Town that have no realistic potential for development or at least limited development potential. County supplied records list a total of 2,864 acres of vacant land, vacant frontage, and vacant lots as of May 1994. Subtracting the acreages (1,834) from the County reported "vacant" acreages (2,864) leaves 1,030 acres. If 10% of 1,030 is set aside for roads, easements, and other improvements normally required by development, 927 acres are left to development. Experience has shown, however, that the actual development that occurs is less than the maximum allowed. Thus, if the 927 acres are developed at an average of 2 units per acres, the result would be an additional 1,854 units. Even at an average rate of 100 new structures per year, as was the case during the decade 1980-1990, total build out in Kitty Hawk would take nearly 20 years. 10. Economy - Kitty Hawk's economy is based primarily on recreational tourism and the service related support businesses such as real estate, accommodations, restaurants, sporting goods, golfing, professional services, retail stores, construction activities and supplies. This heavy reliance on tourism creates the need to attempt to broaden the economic base to include non -tourist related activities to provide some sense of stability in the event that the Outer Banks becomes less attractive as a tourist area. As with all of the communities on the Outer Banks, Kitty Hawk's economy bustles from May to September and continues at a slower, more relaxed pace in the off season. This annual cycle is part of the Town's character and appeal. While much more retail activity occurs during the summer months, a certain number of stores and professional offices operates year-round to meet the needs of Kitty Hawk's residents, which include a large number of retired persons, and an increasing number of off-season visitors. Many of the Town's residents commute to jobs in nearby communities such as Kill Devil Hills, Nags Head, Manteo, and Wanchese. Conversely, some people who live in these communities work in Kitty Hawk. WRT\9414.RPT - 30 - F I L1-1 Ll Kitty Hawk has no commercial agriculture or forestry operations, nor does it have large-scale fisheries. However, several people in Kitty Hawk Village have small-scale, independent commercial fishing and crabbing operations. As Kitty Hawk's residents have done for generations, these people harvest fish, shellfish, and crabs when the season is right, keeping some for themselves and selling the rest. These operations and their small scale are part of the Kitty Hawk Village's traditional economy and way of life. SOURCES: Land Use Plan Kitty Hawk North Carolina 1983 and Land Use Plan Kitty Hawk North Carolina 1989. C. Kitty Hawk Tomorrow 1. Introduction It is anticipated that, in most cases, future demands during the planning period (1994-2004) should be adequately met by existing and planned facilities. Great interest will continue to be placed on the transportation system and its planning as well as the provision of water services to new developments. By continuing its present land use controls in keeping with Town residents' wishes, Kitty Hawk should experience slow to moderate population and building growth. 2. People Population projections are available only at the county level from the North Carolina Department of Planning, State Data Center. However, estimates in published reports and those in local informational packets place the year 2000 population of the Town at between 4,793 and 5,980. These estimates stem from the often cited Booz-Allen and Hamilton, Incorporated's Dare County Carrying Capacity/Development Study. These figures represent the original estimate (made in 1986) and a revised estimate made in 1987. Both estimates represent populations that will occur in a scenario of moderate growth. A more realistic estimate of between 3,500 and 4,000 persons by the year 2004 should guide Town planning in the 1994-2004 planning period. 3. Land Need There is sufficient vacant land in Town to meet the demands anticipated for the planning period 1994 to 2004. Kitty Hawk still contains a significant amount of unplatted acreage. However, much of the land in the southwest quadrant of Town is wetlands and a 461-acre tract of Kitty Hawk Woods has been given over to government protection and restriction through a conservation easement. These and othe* undevelopable acres, notwithstanding, some 1,030 vacant acres remain available for development. Currently, there are 3,122 subdivided lots in Kitty Hawk, with a total of 1,746 structures, of which 437, or 25 %, had been built in the years 1988-92. Some 1,376 subdivided lots remain available for development. I WRT\9414.RPT - 31 - SOURCE: 1994 Buildou tudOuter Banks District 1988-1992, North Carolina Power, ' January, 1994. 4. Utilities and Services The utilities and services demands anticipated for the planning period will be adequately met by existing facilities and those planned. However, utility system maintenance and the speed with which infrastructure improvements are made may constrain future growth. Facilities planning, particularly for transportation system needs, is difficult due to the population variance between peak and off-peak seasons and the unpredictability of storm events. Facilities issues are discussed in detail in Chapter III, D., numbers 2, 16, 17, 19, 22, 23, 24, 25, 27, and 28 on pages 47, 56, 57, 59, 61, 61, 62, 62, 66, and 67 respectively. 5. Transportation System Given the unpredictability of storm events and variations in usage, transportation system demands anticipated for the planning period may become more problematic and may not be adequately met by the existing system. Planned system improvements both at the local and intedurisdictional levels must be accelerated. These are discussed in Chapter III, D., number 25 on page 62. . The completion and release of the Outer Banks Transportation Study by the North Carolina Department of Transportation is anticipated in 1995 and should address, or recommend further study to address, transportation system needs and improvements. 6. Housing and Accommodations The demand for housing and accommodations anticipated for the planning will be met by existing initiative based upon market demands. However, it is anticipated that competition for existing stock will increase. 7. Economy The Town will continue to rely on tourism as its main industry throughout the planning period. There may be pressure from the commercial sector to re-examine land use policies and the Town's approach to land use planning. WRT\9414.RPT - 32 1 M 0 III. LAND USE ISSUES, BACKGROUND, POLICIES, AND STRATEGIES FOR AND TIMING OF IMPLEMENTATION MRT%9414.RPT III. LAND USE ISSUES, BACKGROUND, POLICIES, AND STRATEGIES FOR AND TIMING OF IMPLEMENTATION A. Introduction ' Statements of local policy on land use issues which will affect Kitty Hawk during the ten-year planning period (1994-2004) follow. The issues have been grouped under five general headings: ' • Resource Protection Issues; • Resource Management Issues; • Economic and Community Development Issues; • Citizen Participation; and, • Natural Hazards. ' Following generally the guidelines set forth in part .0203 Policy Statements, as found in Section .0200 - Land Use Plan, of Subchapter 7B-Land Use Planning Guidelines of the ' North Carolina Administrative Code (October 1989), the Town considered various policy alternatives and implementation strategies before selecting the several policies that follow. In addition, some issues that are typically associated with one or more of the five issue groups above were reviewed and deemed not applicable or relevant to or in Kitty Hawk. Some issues, typically associated with resource protection, are not deemed applicable or relevant at this time or are .discussed generally elsewhere in this Update. Specific policies for the following are not included in this URdat 1 1 • Development of Sound and Estuarine System Islands; • Water Supply Areas And Other Water With Special Values; • Protection of Potable Water Supply; • Outstanding Resource Waters; and, • Man -Made Hazards. The Town considers the following issues, typically associated with resource management, as not applicable or relevant at this time and specific policies are not included in this ate: • Productive Agricultural Lands; • Commercial Forest Lands; • Peat or Phosphate Mining's Impact on Any Resource; • Trawling Activities In Estuarine Waters, and, • Development Impacts on Any Resource. I MRT\9414.RPT -33- 1 I . Similarly, the following issues, typically associated with economic and community development, are not considered applicable or relevant at this time and specific policies are not included in this ate: • Port Facilities; and, • Military Facilities. B. Resource Protection Issues yNkm`.- I BACKGROUND The on -site disposal of septic tank effluent is a common soils problem in Kitty Hawk. Using existing septic tank technology, many wet and/or impermeable soils in the area are severely limited in their ability to accommodate effluent in a safe and sanitary manner. In some dry soils, such as dune sand, the soil is too permeable to accommodate effluent, leading to the pollution of ground waters and adjacent estuarine waters. Using existing technology, it is difficult and/or expensive to overcome these limitations in a way that is not damaging to the environment. When local officials know these problems exist, they can deal with them by adopting appropriate requirements for development, such as minimum lot sizes. Then, proper technical adjustments and innovations can often make development environmentally acceptable. Nearly all of the homes and businesses in Kitty Hawk rely on septic tank and drainfield systems to treat and dispose of wastewater. While under good conditions, such systems are perfectly adequate. Kitty Hawk's natural environment presents enough hazards to the proper functioning of septic systems that their use must be carefully monitored. As noted earlier, most of the soils in the Town of Kitty Hawk are not well -suited for septic tanks and drainfields. Periodic high water tables in certain areas can block the proper percolation of wastewater throughout the soil and can lead to the contamination of estuarine waters. - In addition, placing septic systems too close to wells creates a threat to human health. The Dare County Health Department is responsible for overseeing and permitting the use of septic systems in Kitty Hawk. The Health Department uses standards adopted by the State of North Carolina as contained in Laws and,. Rules for Sewage Treatment and Disposal Systems by the Department of Environment, Health, and Natural Resources, Division of Environmental Health. These standards cover the design and location of septic tanks and drainfields. They are currently deemed adequate to meet Kitty Hawk's needs and concerns. I I WRT\9424.RPT - 34 ' Some localities in North Carolina have entered into agreements with District Health Departments to establish a "management entity" for the regular inspection and maintenance of septic systems using drainage tiles that serve new subdivisions containing ten or more lots. The Health Department inspects each such system and the property owner pays a fee to cover inspection costs as well as those for ' maintenance work. SOURCES: Land Use Plan Kitty Hawk North Carolina 1989 and Laws and Rules ' for Sewage Treatment and Disposal Systems, North Carolina Department of Environment, Health, and Natural Resources, April, 1993. ' POLICY The Town supports the proper installation of septic tank systems and the ' strict application of State septic tank installation and use standards by the Dare County Health Department as it approves and monitors such installations. tSTRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will refer developers and builders to the Laws and Rules for Sewage Treatment and Disposal Systems on a case by case basis. ' • The Town will rely on the North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Health for guidance and clarification concerning laws and rules for sewage treatment and disposal systems on a case by case basis. ' • The Town will rely on the Dare County Health Department to site and inspect septic tank systems on a case by case basis. ' • The Town will enforce Chapter 19, Subdivisions, of the Kitty Hawk Town Code on a daily or case by case basis. ' • The Town will study the feasibility and statutory authority during Fiscal Year 1995-96 for adopting local restrictions to limit the number of occupants of rental properties. ' • The Town will study the feasibility of amending applicable chapters of the Kitty Hawk Town Code during Fiscal Year 1996-97 to limit septic tank ' effluent infiltration into wetlands and channels. I WRT\9414.RPT - 35 - n BACKGROUND In Kitty Hawk, these areas are covered under existing CAMA regulations. Areas of environmental concern are discussed in detail in this Update in Chapter II, B., 8, c. , page 22. Dredging activities in AECs have been the focus of much discussion. In coastal wetlands, dredging for boating access is allowed through a coastal wetlands fringe. The Division of Coastal Management has allowed dredging a 12 foot wide channel through as much as 80 feet of coastal wetlands. Primary Nursery Areas (PNAs) or Submerged Aquatic Vegetation (SAVs) are the areas in coastal waters that are the most desirable for most of the State's fish to breed, feed, and find safety. In 1989, the CAMA permit regulations did not allow new dredging at all nor maintenance dredging except for existing marinas in PNA's or significant stands of SAVs. Since then, the regulations were changed to allow maintenance dredging in PNAs and significant stands of SAVs for man-made canals and basins as well as existing marinas. The waters of Ginguite Creek (Jean Guite Creek or High Bridge Creek) are designated a Primary Nursery Area by the NC Division of Marine Fisheries. Stands of Submerged Aquatic Vegetation are found throughout the waters of Kitty Hawk Bay according to work funded through the Albemarle -Pamlico Estuarine Study (APES). With respect to the construction of piers and docks in AECs, CAMA rules allow private piers and docks to extend up to 1/3 across a water body, allocating 1/3 of the water body on each side to private piers and docks and leaving the remaining 1/3 of the width of the water body to use by the public. Also, CAMA rules allow piers and docks to extend at least 200 feet long even though the average length of existing piers and docks may be less than that length (whether or not as the result of restrictive convenants). Road improvements that occur in Public Trust Waters AECs have been discussed. All navigable waters in Kitty Hawk are public trust waters. When the NC Department of Transportation makes road improvements that include bridge replacements, they have the option of putting in a new bridge or placing culverts in the water body to assure continued water flow and filling over the culverts. Development within 75 feet of an Estuarine Shoreline requires CAMA authorization. Structures can be built immediately up against a shoreline with no setback under the CAMA regulations, but the Town does have a setback requirement. 1 WRT\9414.RPT - 36 - I IPOLICY ' The Town supports the guidelines of the Coastal Area Management Act and the associated policies of the Coastal Resources Commission but reserves the right to review and oppose sections of the CAMA or its implementation that ' may be deemed contrary to the Town's land use policies and development preferences. ' STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will be represented at Coastal Resources Commission meetings and ' workshops and will participate in discussions and public hearings concerning issues relevant to the.Town's_ interests as opportunities are presented and issues arise. ' BACKGROUND a. Freshwater Swamps And Marshes ' In Kitty Hawk, these areas are covered under existing CAMA or U.S. Army ' Corps of Engineers' regulations. Some freshwater swamps and marshes are thought to exist but are not ma P g PPS. One example, the "Penny Toler Ditch," apparently starts somewhere in the Beach Residential (BR-3) zoning district, continues south past Kitty Hawk Road, crosses Moor Shore Road, and empties into Kitty Hawk Bay. How far ' from the mouth is brackish is not known. There are other "guts" or streams where the same information is not known. b. Maritime Forests There are over 1,000 acres of maritime forest located in Kitty Hawk. The Town has concluded the purchase of 461 acres and a conservation group is ' negotiating for another 115 acres. A conservation district will be established and mapped. The balance of the maritime forest has zoning requirements to ' protect the sensitve environment. c. Pocosins And 404 Wetlands has "404 The U.S. Army Corps of Engineers jurisdiction over Wetlands" as provided by Section 404 of the Federal Clean Water Act. The Corps of ' Engineers often allows filling of "404 Wetlands" in exchange for the creation I WRT\9414.RPT - 37 - of comparable amounts of wetlands elsewhere. This was the case in the Shoreside Center project. Also, the Corps administers a Nationwide Permit program for the fill of typically small amounts of "404 Wetlands" (less than one acre). The location of "404 Wetlands" is determined as a part of site plan applications. The Corps verifies the information presented by applicants. POLICY The Town supports CAr4A regulations as applicable and also the U.S. Army Corps of Engineers in its enforcement of regulations pertaining to "404 Wetlands" with the exception of the Corps' allowance of mitigation measures to be undertaken on sites outside of Town when filling is allowed within the Town. It also supports public and private efforts to preserve and protect the maritime forest. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will enforce Chapter 19, Subdivisions, of the Kitty Hawk Town Code on a daily or case by case basis. • The Town will monitor development proposals for compliance with Section 404 of the Federal Clean Water Act on a case by case basis. • The Town will enforce Chapter 16, Soil Erosion and Sedimentation Control, of the Kitty Hawk Town Code on a daily or case by case basis. • The Town will monitor the development and implementation of the pending Section 401 Surface Water and Wetland Standards to be administered by the North Carolina Environmental Management Commission. • The Town will seek State technical assistance and funding to study and prepare a management plan for the maritime forest in Fiscal Year 1995-96. • The Town will continue to support and assist State, Federal, and private organizations in their respective efforts to preserve and protect the maritime forest. WRT\9414.RPT - 38 - I .1 I WRT\9414.RPT Package treatment plants are gaining popularity in North Carolina's coastal communities. Such plants are usually constructed and maintained by developers to service commercial developments, residential subdivisions, and condominium projects. Currently, there is one such plant in Kitty Hawk. The plant, with a capacity of 30,000 gallons per day, serves the Shoresider Center, a retail development which includes a Wal-Mart store and specialty shops. Larger package treatment plants are being proposed by other developers. Unless a package treatment plant is properly maintained and continuously monitored, it can easily break down, inconvenience the property owners who depend on it, and threaten public health. An improperly managed plant can also become a financial liability to the Town if. the developer or homeowners abdicate responsibility for operating it. The Town of Kitty Hawk will control this problem by requiring that developers and homeowners' associations enter financial and legally binding agreements to assure that package treatment plants will be properly managed and maintained. The Town has enacted stringent rules governing the installation and use of package treatment plants. POLICY The Town discourages the use of package treatment plants. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will enforce and amend, as necessary, Chapter 20, Zoning, of the Kitty Hawk Town Code on a daily or case by case basis. • The Town will apply and enforce locally adopted rules governing the installation and use of package treatment plants within its borders. • The Town will study and adopt, as necessary, additional rules to regulate the installation and use of package treatment plants during the planning period. • The Town, on a case by case basis, will rely on permitting agencies to discourage package treatment plant use where possible. - 39 - WRT\9414.RPT :;::::::::::::,.,>::::::.:.»»:.»_::.;,:. • ------------ - -- ----------- --- -------------------------------------- ------------------------- BACKGROUND ' The Town currently experiences nuisance flooding when there is a storm of an intensity that occurs on the average of once every two years. The Town currently experiences more serious but still relatively minor flooding problems when there ' are storms of greater intensity occurring on the average of once every five to ten years. Major flooding would occur in the event of intense rainfall or hurricane. ' Rapid stormwater removal and prevention of pollution from the stormwater are in some ways competing goals so it is challenging to devise satisfactory solutions to the combined problem. Unchecked stormwater runoff would pollute the estuaries. ' Stormwater systems that would effectively relieve flooding could pollute even more severely than unchanneled runoff since they could allow the water to flow at a rapid enough rate for it to carry a maximum amount of sediment and chemical ' pollutants directly to the coast. The Town has historically supported programs and rules intended for protection of ' the estuarine and oceanic water quality. The Town supports State Coastal Area Management Program guidelines and the State Coastal Area Management Act for ' goals water quality protection. POLICY ' The Town supports the mitigation of adverse impacts associated with stormwater runoff within Town limits. , STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will enforce Chapter 20, Zoning, of the Kitty Hawk Town Code on ' a daily or case by case basis. • The Town will enforce Chapter 19, Subdivision, of the Kitty Hawk Town t Code on a daily or case by case basis. • The. Town will consult its 1994 Land Use Plan Update as development ' proposals are reviewed. • The Town will seek grant monies from the State to prepare a stormwater ' management plan in Fiscal Year 1996-97. F '' • The Town will study the feasibility and statutory authority in Fiscal Year 1995-96 for requiring buffer areas along shorelines. BACKGROUND ' Marinas are allowed in Kitty Hawk as conditional uses in the Village Commercial 2 and 3 zoning districts. A substantial portion of land in these zoning districts is ' wetlands. Only one marina has been built in Town and it is in the Village Commercial 3 zoning district with a channel that requires dredging to Kitty Hawk Bay. There does not appear to be enough high ground in Town for a marina. ' Some localities in coastal North Carolina address the issue of floating homes through zoning regulations by defining what a floating home is and permitting their use only in permitted commercial marinas. Extending the town limits or ' extraterritorial jurisdiction out in the water gives a town the ability to apply zoning there. ' POLICY The Town supports the construction and operation of properly permitted ' marinas but does not support the location of floating homes or dry stack storage facilities within its borders or its Extraterritorial Jurisdiction (ETJ) area. ' STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will enforce Chapter 20, Zoning, of the Kitty Hawk Town Code on a daily or case by case basis. • The Town will study the development of ordinances or ordinance amendments to regulate floating homes, dry. stack storage facilities, and the mooring of . vessels in public trust waters and will rely on CAMA permitting regulations and land use plan consistency review in the interim. BACKGROUND There are no areas in Town currently zoned for industrial uses or development, although at least two parcels are or have been used for industrial activities. POLICY The Town supports the protection of fragile areas and measures to mitigate potential adverse effects of industrial uses. WRT\9414.RPT - 4 1 - STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will implement and participate in the CAMA Minor Permit Program on a daily or case by case basis. • The Town will enforce Chapter 20, Zoning, of the Kitty Hawk Town Code on a daily or case by case basis. Existing State and Local regulations are deemed adequate to restrict development within these areas. POLICY The Town supports the restriction of development within areas up to five feet above mean high water susceptible to sea level rise and wetland loss. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will enforce Chapter 8, Flood Damage Prevention, of the KftjY Hawk Town Code on a daily or case by case basis. • The Town will continue to participate in the National Flood Insurance Program throughout the five-year planning period. BACKGROUND There has not been a great deal of activity or interest in this issue. There does not appear to be enough high ground in Town for a marina utilizing a dredged basin. POLICY The Town supports properly permitted excavation of upland areas for marina basin development. WRT\9414.RPT - 42 ' STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will enforce Chapter 20, Zoning, of the Kitty Hawk Town Code on a daily or case by case basis. ' ;:F4!;w j;:jiN.Vli<,NWi:FINk: jir!!:W1hMiKfM1M;:iF1FFM;MN411i!H4\411{ BACKGROUND This issue has not generated a great deal of controversy in Kitty Hawk, particularly since properly aligned and constructed estuarine bulkheads have proven successful in stabilizing the sound shore. POLICY ' The Town supports the construction of properly permitted estuarine bulkheads. iSTRATEGY FOR AND TIMING OF IMPLEMENTATION L 11. 1 WRT\9414.RPT • The Town will continue to participate in the CAMA Minor Permit Program with the Department of Environment, Health, and Natural Resources on a daily or case by case basis. BACKGROUND The Town and the North Carolina Department of Transportation are developing a system of sump pump pits and piping at strategic locations between NC 12 and US 158 to capture and return ocean overwash before it has a chance to flood the area. The system will be constructed within the planning period. POLICY The Town supports the concept of ocean outfall as a means to remove stormwater from low lying areas. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will cooperate with the NC Department of Transportation as it designs an ocean outfall in Town during the planning period. -43- 0 C. Resource Management Issues BACKGROUND Kitty Hawk possesses no known minable, mineral resources. Only sand mining is considered to have some potential in Town. However, sand mining activities have not been significant. Further, mining activities, particularly of sand, are not deemed to be compatible with the Town's image as a tourist destination and thus its economy. POLICY The Town does not support mining or mining related activities such as stockpiling or transfer activities involving mined materials within its borders. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will enforce, and amend as necessary, Chapter 7, Environmental Control, of the Kitty Hawk Town Code on a daily basis. • The Town will enforce Chapter 20, Zoning, of the Kitty Hawk Town Code on a daily or case by case basis. BACKGROUND The Town has significant habitat areas -- the estuarine shoreline and marsh islands -- which contribute to the support of recreational and commercial fisheries. Primary Nursery Areas (PNAs) or Submerged Aquatic Vegetation (SAVs) are the areas in coastal waters that. are the most desirable for most of the State's fish to breed, feed and find safety. In 1989, the CAMA permit regulations did not allow new dredging at all, nor maintenance dredging except for existing marinas in PNAs or significant stands of SAVs. Since then, the regulations were changed to allow maintenance dredging in PNAs and significant stands of SAVs for man- made canals and basins as well as existing marinas. In 1994, the Town extended its Extraterritorial Jurisdiction (ETJ) to one mile into the Currituck Sound and amended Chapter 20, Zoning, of the Kitty Hawk Town Code. WRT\9414.RPT - 44 - POLICY The Town supports the protection of commercial and recreational fisheries, shellfishing waters, nurseries, and habitat areas and does not support dredging activities -- except for CAMA permitted maintenance dredging activities -- in Primary Nursery Areas and areas of Submerged Aquatic Vegetation. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will, by adopted resolution, on a case by case basis, voice its opposition to dredging activities allowed by CAMA regulations. • The Town will enforce its adopted Extraterritional Jurisdiction (ETJ) regulations as found in Chapter 20, Zoning, of the Kitty Hawk Town Code. BACKGROUND The Town, for safety and environmental reasons, does not allow driving on its beaches except in certain cases. POLICY The Town does not support the use of off -road vehicles within its borders, nor does it support driving on its beaches, except by emergency vehicles during emergency situations, by commercial fishermen for setting and retrieving nets, and during special events approved by Town Council. STRATEGIES FOR AND TIMING OF IMPLEMENTATION • The Town will use its local police powers to enforce vehicle operation laws and beach driving restrictions as a routine, on -going function. • The Town will enforce Chapter 4, Beaches, Boats, and Waterways, of the Kitty Hawk Town Code on a daily or case by case basis. BACKGROUND The Kitty Hawk Woods Conservation Easement encompasses some 461 acres. The Town holds title to the lands involved while the State holds the conservation easement. WRT\9414.RPT - 45 - POLICY The Town supports the preservation, protection, and orderly management of the Kitty Hawk Woods Conservation Easement. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will seek State assistance and funding to prepare and implement a management plan in Fiscal Year 1995-96. • The Town will enforce Chapter 20, Zoning, of the Kitty Hawk Town Code on a daily or case by case basis. D. Economic and Community Development Issues rz 'des And Location$ #.�f Industries Deszr: BACKGROUND Currently, there are no areas zoned for industrial uses or development in Town. Concern has been expressed for more emphasis to be placed on the recruitment of non -tourist related, environmentally compatible light industry. POLICY The Town does not support the recruitment or siting of traditional, heavy manufacturing -type industrial development within its borders -- especially off- shore drilling and support industries -- but does support the recruitment and siting of non -tourist related, environmentally compatible light industry. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will enforce Chapter 20, Zoning, of the Kitty Hawk Town Code on a daily or case by case basis. • The Town will support the promotion of tourism and season extending events by the Dare County Tourism Board and the Outer Banks Chamber of . Commerce on a case by case basis. • The Town will study amendments to Chapter 20, Zoning, of the Kitty Hawk Town Code to designate permitted uses related to non -tourist related, environmentally compatible light industry in Fiscal Year 1997-98. H 7 J WRT\9414.RPT - 46 - I I BACKGROUND Development has traditionally provided improvements or paid for infrastructure such as streets and water lines based on its needs and impacts to the community. The Town and Dare County normally extend or enlarge other typical, government provided, public services to incorporate new development. POLICY The Town supports the extension of public water service and road systems to new developments by the developers of such developments and supports the provision of other typical public services through its auspices or those of Dare County. STRATEGY FOR AND TIMING OF IMPLEMENTATION 0 The Town will enforce Chapter 19, Subdivision, of the Kitty Hawk Town Code on a daily or case by case basis. 0 The Town will enforce Chapter 20, Zoning, of the Kitty Hawk Town Code on a case by case basis. BACKGROUND There is strong, Town -wide support for the continuance of adopted policies and regulations that preservd and promote the Town's development as a low density, low rise residential beach community. An adequate amount of commercially zoned land exists to meet the Town's needs for planning period. POLICY The Town supports zoning regulations and land use planning concepts that allow the continuance of its development as a low density, residential beach community and does not support the rezoning of lands for commercial uses. STRATEGY FOR AND TIMING OF IMPLEMENTATION ' • The Town will enforce Chapter 20, Zoning, of the Kitty Hawk Town Code on a daily or case by case basis. WRT\9414.RPT - 47 - 1 .0 I • The Town will enforce Chapter 19, Subdivisions, of the Kitty Hawk Town Code on a daily or case by case basis. • The Town will consult its 1994 Land Use Plan Update as development proposals are reviewed. • The Town Planning Board will review zoning districts and regulations, the land classification system and map, and other land use regulations as may be applicable to gauge whether or not such tools are insuring that the desired development pattern is or will be achieved. The Planning Board's review will be conducted during the Town's annual budget cycle. BACKGROUND As the Town approaches build out, redevelopment activities are expected to increase. Also, there are a number of cases of non -conforming or "grandfathered" uses in developed areas. POLICY The Town supports redevelopment of developed areas only after the review of any redevelopment plans for consistency with the Town's land use plan and development regulations. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will review all redevelopment plans for consistency with the 19944 Land Use Plan Update. • The Town will enforce Chapter 20, Zoning, of the Kitty Hawk Town Code on a daily or case by case basis. • The Town will enforce Chapter .19, Subdivisions, of the Kitty Hawk Town Code on a daily or case by case basis. • The Town will record and evaluate in Fiscal Year 1995-96 the actual development on commercially and residentially zoned lands and forecast the type, potential, and probability of redevelopment activities that may occur on these lands. I L E H F I WRT\9414.RPT - 48 I ' BACKGROUND The Town has generally supported, but has reserved the right to oppose, specific ' State and Federal programs and regulations. POLICY ' The Town supports interaction with State and Federal legislators and State and Federal agencies concerning their respective programs and supports -- or ' in some cases does not support -- those State and Federal programs as specified in the various policy statements contained in this Update. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will have representatives attend public hearings and meetings ' wherein State and Federal rules and policies are discussed as opportunities are presented. :• .: •:::... ::ru.,•:rxx:::.. ..,>:•:F::•::••::•::.vNn:•::;;::rf?:: :;n:•;v :< <•N:•;: :;::<:^;;::•>:•. BACKGROUND There is serious and continuous beach erosion in Kitty Hawk and many beach front cottages have been lost. Similarly, erosion threatens portions of NC 12. The relocation of threatened beach cottages is generally encouraged by the Town. The Town generally supports the study of beach renourishment programs if funded by State and Federal grant monies in lieu of the expenditure of ad valorem ' tax monies. The Town does not provide any borrow and spoil areas nor does it provide work easements or support dredging activities. ' POLICY ' The Town supports the current State and Federal funded study of a beach nourishment program but does not support the expenditure of ad valorem tax monies to finance nourishment measures that may be recommended. The ' Town does not support the provision of borrow and spoils areas or work easements for channel maintenance or dredging activities. 1 I VRT\9414.RPT - 49 1 STRATEGY FOR AND .TIMING OF IMPLEMENTATION • The Town will seek grant monies for beach renourishment programs if such programs are deemed compatible with the Town's land use policies and development preferences. a. Electric Generating Plants There is one electric generating plant in Kitty Hawk as well as transmission lines and a storage area. The Town does not favor the location of additional facilities such as these within its borders. b. Inshore and Outer Continental Shelf Exploration The Town considers the potential of off -shore drilling an important environmental issue. Such activity would be incompatible to the desires of the Town and its established tourist and fishing industries. The preservation of natural and public trust areas -- all particularly dependent upon uninterrupted ocean and groundwater of the highest quality -- is particularly important to the Town. The Town is clear and unified in its opposition to inshore or outer continental shelf exploration. Similarly, the Town does not want refineries, storage facilities, or transhipment. facilities within, or adjacent to, its borders for environmental reasons and the potential adverse impact accidents at such facilities pose to the fragile barrier island ecological system. POLICY The Town does not support the placement of additional electric generating plants within its borders nor does it support inshore or outer continental shelf exploration or the placement of refineries, storage facilities, or transhipment facilities within its borders or adjacent thereto. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will monitor the activities of firms or groups, as situations arise, that would promote inshore or outer continental shelf exploration or the placement of refineries, storage facilities, or transhipment facilities within its borders or adjacent thereto. WRT\9414.RPT - 50 - n • The Town will oppose any off -shore exploration for energy sources through lobbying efforts and the adoption of local regulations as necessary on a case by case basis. • The Town will oppose the siting of public and multi -service energy facilities in the Town through lobbying efforts and the adoption of local regulations as necessary on a case by case basis. Tourism is the basic industry in Kitty Hawk. As the year-round population continues to grow, the seasonal population surge becomes greater each year. A service economy has also developed and a number of community leaders have begun a program to sponsor "season extender" special events that are scheduled just prior to or shortly after the traditional tourist season. These events will help keep the service economy operational for a month or two longer. Support for tourism and season extending events continues to be strong in the Town. POLICY The Town supports tourism and the recognition of tourism as an industry by State and Federal authorities. It also supports season extending events that are deemed to promote and enhance the Town's image. ' STRATEGY FOR AND TIMING OF IMPLEMENTATION ' • The Town will investigate the concept and promotion of ecotourism and its relevance to Kitty Hawk and report findings during Fiscal Year 1995-96. ' • The Town will request that the North Carolina Department of Transportation and the Virginia Department of Transportation place Kitty Hawk's name and the mileage to its Town Hall on their respective highway mileage signs ' approaching the Town during Fiscal Year 1995-96. • The Town will support the efforts of the Outer Banks Chamber of Commerce ' and the Dare County Tourism Board on a case by case basis to promote season extending events for those events the Town deems proper and worthy. ::::::::::::::::::::::::., ' BACKGROUND Currently, there are thirteen coastal water beach accesses, one regional estuarine ' water beach access, and a boat ramp to serve Kitty Hawk's citizens and visitors. A Town beach and parking lot are provided as well. I WRT\9414.RPT - 51 - POLICY The Town supports State and Dare County funding for the provision, improvement, and maintenance of coastal and estuarine water beach accesses. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will seek grant monies from the State or lobby Dare County officials to provide, improve, or maintain coastal and estuarine water beach accesses as needs are identified. Mft Kc ' -6IiM The Town desires to remain a low density, residential beach community. POLICY The Town supports the use of adopted zoning regulations, subdivision and development requirements, and land use planning concepts that will ensure that the types, densities, and locations of anticipated residential development and necessary support services are consistent with the existing low density, low rise residential character of the Town. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will enforce Chapter 20, Zoning, of the Kitty Hawk Town Code on a daily or case by case basis. • The Town will enforce Chapter 19, Subdivisions, of the Kitty Hawk Town Code on a daily or case by case basis. • The Town will consult its 1994 Land Use Plan Update as development. proposals are reviewed. n MRT\9414.RPT - 52 - I I WRT\9414.RPT BACKGROUND The Kitty Hawk Town Council, at its discretion, changes the tax rate as necessary to meet the cost of delivering governmental services. The Outer Banks Chamber of Commerce is active in business recruitment and retention activities. POLICY The Town supports the retention of existing commercial development through the efforts of the Outer Banks Chamber of Commerce. It also supports the location of commercial and service firms and environmentally compatible, non -tourist related, light industrial firms in the Town as long as such firms are compatible with the character of existing development and are cognizant of the Town's desire to remain a low density, residential beach community. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will enforce Chapter 20, Zoning, of the Kitty Hawk Town Code on a daily or case by case basis. • The Town will cooperate with the Outer Banks Chamber of Commerce with respect to business recruitment and retention on a daily or case by case basis. BACKGROUND There is some support in Kitty Hawk for the use of special tax districts to provide funding for the delivery of special services. POLICY The Town supports the concept of special tax districts to collect revenue to offset the cost of the delivery of special services in such areas on a case by case basis. - 53 - STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will investigate the concept and establishment of special tax districts and the feasibility of their use in Kitty Hawk and report findings during Fiscal Year 1996-97. BACKGROUND The Kitty Hawk Town Council, on April 5, 1993, took no action on a resolution sponsored by Dare County, Nags Head, and Kill Devil Hills to restrict menhaden boats. POLICY The Town does not support the restriction of menhaden boats in the waters off Kitty Hawk. 1� 1 STRATEGY FOR AND TIMING OF IMPLEMENTATION ' • The Town will adhere to its stated position against restricting menhaden boats on a daily or case by case basis. ' BACKGROUND The Town continually reviews, and revises as necessary, its sign ordinance. Efforts have been made by the Town to enhance ordinance enforcement and to close loopholes dealing with portable signs and internally lit signs. POLICY The Town supports the proper installation of approved signs within its borders. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will enforce Chapter 20, Zoning, of the Kitty Hawk Town Code on a daily or case by case basis. • The Town will enforce the provisions of Ordinance No. 91-14, Signs, of the Kitty Hawk Town Code on a daily or case by case basis. WRT\9414.RPT - 54 - BACKGROUND ' The Town is intent on preserving its coast guard architectural style theme and improving the aesthetic appeal it holds for residents and visitors. Some ' concern has been voiced by Town leaders regarding the increased placement of metal buildings along U.S. 158. IPOLICY ' The Town supports private, local, State, and Federal efforts and regulations that help to preserve and maintain the Town's appearance. It also supports the concept of a community appearance theme. ' STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will develop a position paper outlining its desires for maintaining its established community theme as a low density, low rise residential beach community with coast guard station style architecture ' predominant by the end of Fiscal Year 1997-98. • The Town will seek funding through the State to landscape the ' "gateways" into Town along U.S. 158 during Fiscal Year 1995-96. • The Town will study the creation of an architectural overlay district as ' an amendment to Chapter 20, Zoning, of the Kitty Hawk Town Code during Fiscal Year 1997-98. • The Town will participate in beach clean-ups on an annual basis. • The Town will encourage the North Carolina Department of ' Transportation to maintain litter free rights -of -way on a case by case basis. • The Town will study the creation of an architectural review board during Fiscal Year 1997-98. ' • The Town will encourage the Adopt a Highway Program through the North Carolina Department of Transportation on a case by case basis. ' • The Town will enforce Chapter 20, Zoning, of the Kitty Hawk Town Code on a daily or case by case basis. ' WRT\9414.RPT - 55 - • The Town will enforce Chapter 19, Subdivisions, of the. Kitty Hawk Town Code on a daily or case by case basis. " • The Town will consult its 1994 Land Use Plan URdate as development proposals are reviewed. BACKGROUND This is an issue primarily because of the tourist related littering. The Town picks up the trash at its beach accesses but attention needs to be given to cottage rentals. Citizens, Planning Board members, and professional staff have discussed the need for more action regarding roadside and beach litter. Programs such as "Adopt -a -Road" or "Adopt -a -Beach" have been suggested. POLICY The Town supports local and State litter control and removal programs, the enforcement of applicable legal measures, and the expenditure of Town funds in certain cases to control and remove litter. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will continue to maintain litter receptacles at beach accesses on an as needed basis. • The Town will develop and disseminate information concerning refuse collection, refuse disposal, and litter related regulations through real estate sales and rental agencies during Fiscal Year 1995-96. • The Town will appoint a Community Appearance Committee during Fiscal Year 1995-96. The Committee's charge will be to establish guidelines and procedures for community appearance awards and to conduct studies and make recommendations addressing problems of litter on beaches and along roads. • The Town will promote an "Adopt -a -Beach" program and educate the public through local media concerning community appearance needs. • The Town will consider locating additional recycling containers at beach accesses and the installation of roadside litter receptacles. r WRT\9414.RPT -56- 1 1 • The Town will study and report findings on the techniques, feasibility, and costs of instituting and implementing a year-round recycling program in 1994-95. BACKGROUND The Town has adopted, but has not fully implemented, Chapter 13, Parks and Recreation, of the Kitly Hawk Town Code. Renewed interest in the public provision of recreational facilities has been identified by some Town leaders. ' The Town has been opposed to carnival and amusement park type of uses, rides and activities and so stated in the previous Land Use Plan. ' POLICY The Town supports the provision of traditional recreational facilities ' within its borders; but does not support, promote, or encourage outdoor uses such as (but not limited to) amusement parks, carnivals and carnival rides, or go-cart, motorcycle, or terrain vehicle tracks or any other similar uses. Outdoor uses should be of low intensity and should utilize the natural terrain as much as possible without the addition of tracks, mechanized facilities or structures necessary for the conduct of the use. STRATEGY FOR AND TIMING FOR IMPLEMENTATION • The Town will review, amend, and implement Chapter 13, Parks and Recreation, of the Kitty Hawk Town Code during Fiscal Year 1995-96. BACKGROUND Established in 1981, a professional police force provides Police protection to the Town. Currently, the force is comprised of 13 officers and a fleet of 15 ' vehicles. Dare County provides emergency medical services to Kitty Hawk through a paid force of 72 Emergency Medical Technicians (EMT). These include 39 Paramedics, 33 Advanced/Intermediate EMT's, and one Basic EMT. Eight ' ambulances and one Emergency Medical Services helicopter are available to serve Dare County. ' Firefighting services are provided to the Town under contract with the 35-member Kitty Hawk Volunteer Fire Department. In 1994, the Department's first full-time paid chief was hired. Some long range and short ' term goals include: increasing membership of those providing emergency I WRT\9414.RPT - 57 - services to 40 and adding 10 persons to a support group for a total roster of 50 within the next five years; beginning a first responder program to increase the level of emergency medical services currently being provided to the ' citizens of Kitty Hawk and decrease response times to areas of the village, west of U.S. 158; and, increase the career staff of the fire department to assist the Chief in fire prevention inspections and general maintenance and upkeep of ' equipment and apparatus in the Department. There are currently 8 members who have attained Firefighter Certification Level I and 3 who have attained Level H. There are 12 members that are either Certified Emergency Medical ' Technicians or are First Responders. The Department also has a Junior Firefighter Program for individuals ages 14 to 17 years. Currently, there are 8 youths in the program which has a total of 12 slots. The Department's ' training program is extensive and in depth, providing the best possible and up to date training available. The Department has 3 engines, 1 tanker, and miscellaneous equipment at it's disposal to use during emergency incidents. In ' addition, the Department provides assistance at automobile accidents as well as extrication and operates at the Operations Level during hazardous material incidents. As previously noted, the Department is in the process of acquiring ' land for a satellite station. The Beach Central Communications System makes it possible for those in ' need to dial 9-1-1 to report the need for police, fire, or emergency medical assistance to a central dispatcher. The system, funded as a part of the Dare County budget, operates from headquarters in the Dare County Detention Center in Manteo. POLICY ' The Town supports the provision of public safety services through its police department, Dare County agencies, State and Federal agencies, and the Kitty Hawk Volunteer Fire Department. STRATEGY FOR AND TIMING OF IMPLEMENTATION • On a daily, or case by case basis, the Town will: - seek extra -territorial jurisdiction; - continue to seek parking solutions along NC 12 and adjacent streets; ' - continue cooperation with the North Carolina Department of Justice and the North Carolina Association of Police Chiefs in the development and implementation of appropriate performance ' standards; - support the provision of an upgraded emergency communication system; , - continue to have a volunteer fire department; - continue to use the "Fire Suppression Rating Schedule" administered by the North Carolina Insurance Commission to obtain ' the lowest possible fire insurance rating for Kitty Hawk; WRT\9414.RPT - 58 - I - work with the Kitty Hawk Volunteer Fire Department and Dare County to assure that all fire hydrants are properly maintained, regularly flushed, and clearly marked at the site for quick identification both day and night; - seek the cooperation of the County and State Department of Transportation in the installation of a working fire hydrant, which is ' accessible to equipment, on the site of the Aycock Brown Welcome Center on US 158 and NC 12; - review the appropriate ordinances to assure that fire hydrants are readily accessible for fire fighting equipment based on accessibility, not just straight line mathematical distances, and make code amendments where necessary which provides better fire protection; ' - pay particular attention to access problems for the west side of US 158 because of the location of the fire hydrants on the east side; - seek grant assistance appropriate for the installation of "dry" hydrants in those locations where natural water is available to supplement the water line hydrants; ' - continue to support Beach Central Communications System and seek ways to improve, when necessary, electronic communications; - continue to support "mutual aid" with other fire departments; ' - continue to use the expertise of the Kitty Hawk Volunteer Fire Department in the development of policies, ordinance amendments and appropriate site development matters; ' - encourage Dare County, by adopted resolution in Fiscal Year 1995- 96, to provide fire hydrants on the west side of US 158; and, - investigate the acquisition of ramps to facilitate vehicular movement ' along US 158 in Fiscal Year 1995-96. The ramps will be used during fire fighting activities to allow vehicles to pass over fire hoses which may be extended across the travel lanes of the highway. BACKGROUND ND �_ First Flight Middle School, which serves Kitty Hawk residents, opened in the 1991-92 school year. The school is located on the Baum Tract in Kill Devil Hills. Dare County continues to plan for a new high school which is supported by the Town. ' POLICY The Town supports the provision of quality educational opportunities and . facilities to its residents through the auspices of the Dare County School Board. 1 MRT\9414.RPT - 59 - STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will monitor the activities and policies of the Dare County School Board and make the School Board aware of any concerns the Town may have with respect to educational opportunities and facilities by adopted resolution on a case by case basis. BACKGROUND Kitty Hawk was formed to prevent annexation by adjoining towns. There continues to be discussion about consolidating some public services but no formal agreements have resulted. Kitty Hawk presently provides services by agreement with other municipalities or commercial sources when it can obtain satifactory performance at less cost than providing that service internally. POLICY The Town will not consider consolidation of its existing governmental functions, agencies or services with those of any other governmental entity unless a detailed study of the function shows that its consolidation will provide a better service at a lesser cost and will still reflect the distinctive image of Kitty Hawk that is expressed in its Land Use Plan. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will enter into discussions with other governmental entities geared toward further consolidation of its existing governmental functions when those discussions include detailed study and review of the subject function and its impact on Kitty Hawk. BACKGROUND Electrical facilities and service are provided to Town residents by North Carolina Power. There is public support for the placement of all utility lines underground. POLICY The Town supports the provision of adequate electrical distribution facilities within its borders so long as such facilities are installed and maintained in a manner that does not negatively impact the existing low density, low rise residential beach character of the Town and are placed underground. 11 WRT\9414.RPT - 60 - I STRATEGY FOR AND TIMING OF IMPLEMENTATI ' • The Town will monitor the activities and policies of North Carolina Power regarding the placement of electrical distribution and generation facilities on an as needed basis. ' • The Town will consider adoption of an ordinance within the next five years to require underground utilities for new construction and ' substantial improvements to existing structures. 1 BACKGROUND ' Cable television facilities are provided by Falcon Cable TV. POLICY ' The Town supports the provision of adequate cable television distribution facilities within its borders so long as such facilities are installed ' underground and maintained in a manner that does not negatively impact the existing low density residential character of the Town. ' STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will monitor the activities and policies of Falcon Cable TV ' regarding the placement of cable television distribution facilities on an as needed basis. BACKGROUND ' Public water is provided to Town residents through a source and distribution system managed and maintained by Dare County. I WRT\9414.RPT - 61 - POLICY The Town supports the provision, by Dare County, of potable water to all areas within the Town as needed. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will encourage Dare County, by adopted resolution in 1994- 95, to incorporate the looping of water lines where and when applicable in the Town. BACKGROUND The Town has historically opposed the planning or construction of a town - wide or area -wide public sewer system. POLICY The Town does not support the construction of either a town -wide or an area -wide public sewer system. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will not enter into discussions or negotiations during the planning period geared toward the construction of either a town -wide or an area -wide public sewer system. BACKGROUND a. Widening of U.S. 158 Plans to widen U.S. 158 are generally criticized by Town leaders who feel a bottleneck may occur when the proposed six lanes are forced to merge into two or four lanes at the Wright Memorial Bridge. b. Thoroughfare Plan The State continues to develop a Thoroughfare Plan but progress has been very slow. WRT\9414.RPT 62 IC. Vehicular Movement Many small streams in Kitty Hawk are crossed by roads with culverts utilized to transport the stream underneath the road. Some culverts along roads in Town cut off navigation upstream and are a source of concern to Town officials. The Town has historically relied on the North Carolina Department of Transportation (DOT) to insure that when replacing bridges or other road crossings that at least the same ' amount of clearance and thus navigation access be provided by the replacement structure as was provided by the existing structure. Questions have arisen as to what might be done when replacement of a ' culvert structure that currently cuts off navigation upstream is proposed. The Town has the ability to adopt policies to urge DOT to provide for some small boat access upstream even when no access existed originally. This can be accomplished by requiring the provision ' of a small amount of clearance under any road, say 3 feet. Of course, on larger streams, if the Town wants to encourage more boat traffic and land side development, replacement with higher elevation bridges ' could be required. ' d. Pedestrian Movement Two pedestrian crossing signals have been installed along U.S. 158. 1 However, more are needed. Also, there is a need for more walking trails. I e. Bicycle Trails Bicycle trails should be studied and included in the Thoroughfare Plan. ' f. Maintenance ' The Town has limited funds for maintenance of its streets. State roads are maintained by NC DOT. Powell Bill funds do not cover the maintenance of all Town streets. ' Beach Road/Lindbergh h Avenue g• g ' The current concept that Lindbergh Avenue is a viable solution as an alternative evacuation route instead of the Beach Road has been ' criticized as it becomes impassible during flooding and dedication of right-of-way has not progressed. I MRT\9414.RPT - 63 - 1 WRT\9414.RPT POLICY I With respect to the Transportation Systems, the Town: ' does not support the widening of U.S. 158 to six lanes; ' • supports the concept of thoroughfare planning by the North Carolina Department of Transportation if such planning is conducted in conjunction with Town officials and reflects local ' needs and development characteristics; supports the replacement of existing culverts as applicable and , necessary with structures that allow upstream navigation; supports the provision of sidewalks along NC 12 and the installation ' of additional pedestrian crossing lights along U.S. 158; supports the provision of properly designed and located bicycle ' trails through State funding and private initiatives; supports increased State funding toward the cost of maintenance of ' all Town streets; and, does not support evacuation plans that rely on the Beach Road (NC ' 12) and Lindbergh Avenue as alternative evacuation routes in the event evacuation becomes necessary. , STRATEGY FOR AND TIMING OF IMPLEMENTATION , • The Town will go on record by adopted resolution in Fiscal Year 1995- 96 opposing the widening of U.S. 158 to six lanes. • The Town will review the thoroughfare planning efforts of the North Carolina Department of Transportation and make its position on same known to the Department, area legislators, and neighboring localities ' during Fiscal Year 1995-96, or as soon as the Department submits its final recommendations. , • The Town will submit a written request during Fiscal Year 1994-95 to the North Carolina Department of Transportation to have the Department study intersections for additional pedestrian lighting along ' U.S. 158. Upon review of the Department's findings, the Town may request additional pedestrian lighting installations. 1 - 64 - I 1 ' • The Town will submit a written request during Fiscal Year 1995-96 to the North Carolina Department of Transportation to have the ' Department study the feasibility of providing additional bicycle trails. • The Town will consider the provision of bicycle trails as it develops ' plans for the area contained in the Kitty Hawk Woods conservation easement. • The Town will submit a written request during Fiscal Year 1995-96 to ' the North Carolina Department of Transportation, with copies to State legislators representing the Town, to request additional funding for ' maintenance of Town streets. • The Town staff will investigate other sources and methods of funding ' the maintenance of Town streets and make a report and recommendations in Fiscal Year 1995-96. ' • The Town will encourage early evacuation orders during storm events on a case by case basis. ' • The Town will not pursue the further dedication of right-of-way along Lindbergh Avenue as an alternative evacuation route. ' • The Town will develop a pedestrian movement and bicycle trail master plan during the planning period. ' BACKGROUND Horseback riding is an issue because of attempts to commercialize it and use ' the beach. The Land Use Plan 1989 did not address this issue. The Kitty Hawk Town Code allows beach riding with certain restrictions but does not address the commercialization that has been developing. The Planning Board discussed this issue and conducted a public hearing on August 17, 1994. Comments made at the hearing indicated the concern of Kitty Hawk residents about their continued recreational horseback riding as ' compared to commercial riding and nonresident usages. 1 I WRT\9414.RPT - 65 11 ' POLICY The Town does not support the promotion or encouragement of , commercialized horse activities and/or the use of the Town roads and rights -of -way, lands, and public beaches by non-resident horsepersons. ' STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will enforce Chapter 20, Zoning, of the Kitty Hawk Town ' Code on a daily or case by case basis. • The Town will monitor locations where horses are corralled, pastured, , or kept to ascertain if commercial boarding of the animals is occurring and take appropriate legal steps to discontinue such activities on a case by case basis. ' • The Town will recognize Kitty Hawk residents non-commercial horse owners' recreational activities so long as the public safety and welfare , are not affected. U>M BACKGROUND I Landfill siting is not a current problem as the Town has concluded a 20-year contract which does not include any siting in Kitty Hawk. However, if for ' some reason the contract has to be renegotiated, the issue may effect the Town. The Town opposes the siting of a landfill or transfer point within or adjacent to its borders. I POLICY The Town does not support either the siting of a landfill or a refuse , transfer station within its borders. STRATEGY FOR AND TIMING OF IMPLEMENTATION ' • The Town will enforce Chapter 20, Zoning, of the Kitty Hawk Town ' Code on a daily or case by case basis. VRT\9414.RPT BACKGROUND The recentlycompleted, Dare Count Tourism Boardsponsored, multi -use P � Y center study investigated the market potential and economic feasibility of a multi -use center to serve Dare County. This study did not invite or include citizen input as to the desirability of a multi -use center, its impact on the quality of life of the citizens of Dare, its demands on the infrastructure of the area, or its effect on the fragile environment of Dare County. It did not determine the availability, cost, or location of the property required, the ' funding sources for property acquisition, construction, or operation of the facility. The citizens of Kitty Hawk and Dare County have established definite plans, ' policies, and regulations to identify, develop, protect, and enhance those qualities of life the citizens desire. ' The Town Council adopted a resolution on September 6, 1994 urging Dare County to seek public input via a poll or referendum concerning a multi -use ' center. In the resolution, Town Council asked Dare County to ascertain citizens' thoughts and wishes on whether or not to construct a multi -use center, and if so, its purpose, features, size, and location. Town Council also ' asked that the fact finding poll or questionnaire include questions on possible sources of revenue to finance the construction and fund the operating deficit of the multi -use center. POLICY ' The Town supports public participation in the decision process leading to the planning, financing, siting, purpose, features, construction, maintenance, and management of public facilities such as the multi -use ' center. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will continue to make its position on planning for the proposed multi -use center known to the Dare County Board of Commissioners through its Town Council and appointed staff as opportunities are presented. I WRT\9414.RPT - 67 - BACKGROUND Kitty Hawk is a family oriented beach community intent on preserving its character. POLICY The Town does not support the encouragement or promotion of any commercial activities which include nudity, semi -nudity, pornographic materials, mud wrestling, and similar activities. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will enforce, and amend as necessary, Chapter 20, Zoning, of the Kitty Hawk Town Code, on an as needed or case by case basis. BACKGROUND Conflicting uses and activities occuring in or on ocean and sound waters along Kitty Hawk's borders have caused problems and generated complaints. Legislation passed in the 1994 short session of the NC General Assembly allows localities to excercise police power in water bodies along their borders. The Town, in 1994, amended its ordinances to establish Extraterritorial Jurisdiction (ETJ) in the Currituck Sound and Kitty Hawk Bay. POLICY The Town supports the exercise of legislatively authorized local police power to separate conflicting water uses and activities in and on the ocean and sound waters along its borders. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will study and may develop and adopt regulations concerning uses and activities on and in the ocean waters along its shores in 1995-96. • The Town will excercise its Extraterritorial Jurisdiction regulations on a daily or case by case basis. F WRT\9414.RPT - 68 I I� BACKGROUND The point source discharge of wastewater, particularly septic tank effluent, is a common problem in Kitty Hawk. Infiltration of discharge into wetlands and channels is the main concern. The Dare County Health Department is responsible for overseeing and permitting the use of septic systems in Kitty Hawk. The Health Department uses standards adopted by the State of North Carolina as contained in Laws and Rules for Sewage Treatment and Disposal Systems by the Department of Environment, Health, and Natural Resources, Division of Environmental Health. POLICY ' The Town does not support the point source discharge of wastewater into the waters of the Currituck Sound, Kitty Hawk Bay, Atlantic Ocean, or any stream, ditch, canal, or water body(s) within its borders. ' STRATEGY FOR AND TIMING OF IMPLEMENTATION ' • The Town will refer developers and builders to the Laws and Rules for Sewage Treatment and Disposal Systems on a case by case basis. • The Town will rely on the North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Health for guidance and clarification concerning laws and rules for sewage ' treatment and disposal systems on a case by case basis. ' • The Town will rely on Dare County Health Department to site and inspect septic tank systems on a case by case basis. A The Town will enforce Chapter 19, Subdivisions, of the Kitty Hawk Town Code on a daily or case by case basis. • The Town will study the feasibility and statutory authority during Fiscal Year 1995-96 for adopting local restrictions to limit the number of occupants of rental properties. ' • The Town will study the feasibility of amending applicable chapters of the Kitty Hawk Town Code during Fiscal Year 1996-97 to limit septic ' tank effluent infiltration into wetlands and channels. WRT\9414.RPT BACKGROUND Although no sites located in Kitty Hawk are listed on the National Register of Historic Places, Kitty Hawk's place in aviation history and North Carolina history are significant indeed. The Wright Brothers camped in Kitty Hawk as they experimented leading to the first successful airplane flight on nearby Kill Devil Hill. Kitty Hawk Village is recognized as one of the oldest continuous settlements on the North Carolina Outer Banks. One of the seven original U.S. Coast Guard lifesaving stations on the Outer Banks was constructed on Kitty Hawk beach in 1874. The community's first post office opened in 1878. The Town is intent on preserving its coast guard architectural style theme and improving the aesthetic appeal it holds for residents and visitors. POLICY The Town supports local identification, recognition, and protection of cultural and historical resources. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will enforce Chapter 20, Zoning, of the Kitty Hawk Town Code on a daily or case by case basis. • The Town will enforce Chapter 19, Subdivision, of the Kitty Hawk Town Code on a daily or case by case basis. • The Town will consult its 1994 Land Use Plan Update as development proposals are reviewed. • The Town will study the creation of a cultural and historical committee during Fiscal Year 1997-98 to inventory local historical and culturally significant sites and make recommendations for regulations and programs to protect and promote such sites. • The Town will develop a position paper outlining its desires for maintaining its established community theme as a low density, low rise residential beach community with coast guard station style architecture predominant, by the end of Fiscal Year 1997-98. J 1 1 u WRT\9414.RPT - 70 - I • The Town will study the creation of an architectural overlay district as an amendment to Chapter 20, Zoning, of the Kitty Hawk Town Code during Fiscal Year 1997-98. ' • The Town will study the creation of an architectural review board during Fiscal Year 1997-98. E. Citizen Participation ' BACKGROUND Rule .0207-Public Participation, Subchapter 7B, of the North Carolina Administrative ' Code, October 1989, requires localities to: ...employ a variety of educational efforts and participation techniques to assure that all segments of the community have a full and adequate ' opportunity to be informed and to effectively participate in planning decision - making. Citizen participation in the planning process promotes public education regarding land use issues, policy development, and regulatory procedures. The Town proceeds ' from this premise, thereby furthering public education on planning issues while obtaining citizen input in developing land use plan policy statements and allowing for continued public participation in the planning process. To ensure that all economic, social, ethnic, and cultural view points are properly considered in the updating process, the Town utilizes a variety of public education and citizen participation strategies including public opinion surveys, direct citizen participation, interest group ' participation, and media participation. For this Update the Kitty Hawk Town Council adopted a Citizen Participation Plan ' on November 1, 1993. The Town also solicited citizen participation at Planning Board meetings using a survey form. See APPENDIX 3. POLICY ' The Town supports citizen participation in all land use decisions and procedure development processes and encourages citizen input via its boards, commissions, and agencies. ' STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will continue to use advertisements in newspapers, radio public service announcements, and direct mailings to announce meetings and encourage participation by citizens, interest groups, news media, and other interested parties. IWRT\9414.RPT - 71 - u • Meeting notices will also be posted on bulletin boards and information desks where appropriate. • Efforts will be made by Town officials to attend civic club meetings to further expose the planning process to the public. • Town Council and Planning Board meeting agendas will continue to include a public comment item. F. Natural Hazards 1. Introduction When a coastal storm confronts a barrier island, the island reacts as a proper barrier should; it bends to absorb the energy of the storm but it usually does not break to allow the full force of the storm to reach the mainland. Erosion and flooding are a part of this process; after the storm, the island recovers and is ready to confront the next storm. It is only the structures that human beings place on the barrier island that are destroyed or damaged. It is only in the sense of the built environment that a disaster occurs. In the natural environment the confrontation is just a part of the ongoing natural process. It is recognized that living on a barrier island is not without risks. A major risk is from coastal storms of which there are three types: hurricanes, northeasters, and winter storms. Tornadoes are also not uncommon especially in conjunction with hurricanes. A hurricane is a severe tropical cyclone with winds exceeding 74 miles per hour originating in the tropical regions of the Atlantic Ocean or Caribbean Sea, traveling north, northwest, or northeast from its point of origin and usually involving heavy rains. Over the past one hundred years at least forty-six hurricanes have directly affected eastern North Carolina. The comparative strength of a hurricane is commonly described by using the Saffir/Simpson Scale which follows as EXHIBIT 2. EXHIBIT 2 SAFFIR/SIMPSON HURRICANE SCALE WITH CENTRAL BAROMETRIC PRESSURE RANGES Central Pressure Winds (mph) Surge (ft.) Category Millibars Inches Damage 1 > 980 > 28.94 74-95 4-5 Minimal 2 965-979 28.50-28.91 96-110 6-8 Moderate 3 945-964 27.91-28.47 111-130 9-12 Extensive 4 920-944 27.17-27.88 131-155 13-18 Extreme 5 < 920 < 27.17 > 155 > 18 Castastropic FL WRT\9414.RPT - 72 - The Saffir/Simpson Hurricane Scale assumes an average, uniform coastline for the continental United States and was intended as a general guide for use by public safety officials during hurricane emergencies. It does not reflect the effects of varying localized bathymetry, coastline configuration, barriers, or other factors that can greatly influence the ' surge heights that occur at different locations during a single hurricane event. A northeaster is a storm or gale from the northeast with strong winds and often heavy rains. A tornado is a rotating column of air usually accompanied by a funnel -shaped downward extension of a cumulonimbus cloud whirling at speeds of up to 300 miles per hour. ' The characteristics of these storms which are of special concern to residents of Kitty Hawk are high winds and flooding. Flooding is caused by heavy rains, by the rising ' sea level accompanying a low pressure system, by the winds pushing the sea on to the shore and into the bays and sounds, and then by the retreat of the water from the bays and sounds onto the back side of the barrier islands. The movement of the water onto and off of the island, often with great speed and force, erodes the island carrying sand with it when it leaves the island. This flooding and erosion will be exacerbated by the rise in sea level expected to result from the global climate change attributed by many to the so-called "greenhouse effect." Winds, often of destructive force in and of themselves, are a part of virtually every coastal storm. SOURCE: Land Use Plan Kitty Hawk North Carolina 1989. 2. Vulnerability ' The vulnerabilityof Kit Hawk depends a lot on the articular characteristics of Kitty Pe P the storm, it's severity, and duration. For example, hurricane winds are more likely to come in from the ocean but they may come from the sound as well. Tornadoes, once they have formed, strike almost at random. Northeasters by definition come from the northeast, ' as do most winter storms, but other storms may come from almost any direction. Thus, the entire Town is vulnerable to destructive winds. ' In addition to hurricanes, tornadoes, and northeasters, Kitty Hawk is becoming more vulnerable to routine low pressure systems which generate high winds and cause ocean overwash at high tide because frontal dunes have been lost to erosion. The Town's western ' shores also experience loss of land during times of sustained high westerly winds because shallow bays and sounds allow waves to build up and erode the shoreline. ' Several efforts have been made to define the areas vulnerable to flooding. Four are discussed here. Because the techniques used rely on different data and methodology, the results are not precisely the same but the four do clearly corroborate one another. First, the WRT\9414.RPT - 73 - Special Flood Hazard Area (V-Zone) along the ocean, defined by the Federal Emergency Management Agency (FEMA), is expected to be inundated by a 100-year flood (a flood or storm having a one percent chance of being equaled or exceeded in any given year) and to be subjected to three or more feet of wave action due to velocity of wind and water. This area is the same as the area defined by a second effort to plot flooding vulnerability, the High Hazard Flood Area of Environmental Concern (AEC) defined by the Coastal ' Resources Commission. In a third effort to plot flood vulnerability, the Coastal Resources Commission has defined an area in which there is a substantial possibility of significant erosion, the Ocean Erodible AEC. It is determined by "a distance landward from the first line of stable natural vegetation to the recession line that would be established by multiplying the long-term annual erosion rate times 60, provided that, where there has been no long-term erosion or the rate is less than two feet per year, this distance shall be set at ' 120 feet landward from the first line of stable natural vegetation." A fourth, more experience based "rule of thumb," originated with Dr. Neil Frank while he was the Director of the National Hurricane Center. Dr. Frank observed that the most extensive damage , caused by a hurricane occurred within 300 feet of the ocean. When mapped, these four indicators include, by and large, all of the land seaward of Virginia Dare Trail NC 12. See MAP 3, COMPOSITE HAZARDS MAP. This is the area of Kitty Hawk that is most vulnerable to the impacts of coastal storms. It is labelled as Hazard Zone One on MAP 3. This area will be inundated by the surge from any category of hurricane according to the Eastern North Carolina Hurricane Evacuation Study or the SLOSH study. This same study described the area to the immediate west of Virginia Dare Trail and extending to the foot of the dune west of U.S. 158 as subject to a surge from a Category 3 hurricane. This area is labelled Hazard Zone Two on MAP 3. The dune referenced, which extends to a line about half a mile from U.S. 158, is reported by the SLOSH study not to be subject to any surge and is designated a C-Zone, an area of minimal flooding, by FEMA. It is in the area labelled Hazard Zone Three on MAP 3. ' The remainder of Kitty Hawk, labelled Hazard Zone Four, with a few exceptions, has been designated a Special Flood Hazard Area by FEMA which means it will be inundated by a 100-year food and, according to the SLOSH study, is subject to a surge from ' even a category -one hurricane. As a point of reference, the floor of the Kitty Hawk Fire Station is 5.8 feet above mean sea level. The surge height for a Category One hurricane is estimated by the SLOSH study to be 1.8 feet above mean sea level; 3.2 for a Category 2; ' 4.6 for a Category 3; 6.5 for a Category 4; and, 8.5 for a Category 5. Much of this area is included within the coastal wetland and estuarine shoreline AEC's. WRT\9414.RPT 74 ' Thus, all of Kitty Hawk is vulnerable to some aspects of a coastal storm. The ocean front is perhaps the most vulnerable and the dune the least, but these distinctions are only relative. A review of MAP 1, EXISTING LAND USE MAP, and MAP 3, COMPOSITE HAZARDS MAP, shows that Hazard Zone One is almost entirely developed with single family seasonal houses on quite small lots. The next zone, Hazard Zone Two, consists of single family dwelling units, some multi -family structures, and commercial development. It is about 70% developed. Hazard Zone Three, which is the dune area and perhaps the least vulnerable, is about 60% developed, including a golf course, with single and multi -family dwelling units. The remaining area, Hazard Zone Four, is developed along the major roads but is largely undeveloped. So much of Kitty Hawk is vulnerable to coastal storms that is not possible from either a legal or practical perspective to preclude development in all hazardous areas. Almost all construction in the Ocean Erodible AEC is precluded oceanward of the erosion setback line by the CAMA rules. The remainder of Hazard Zone One, with the exception of a small area at the northern most end of the zone, is designated for low density residential use by this Up , -date and Chapter 20, Zoning, of the Kitty Hawk Town Code. The Town uses its police power and legislative initiative and participates with State and Federal agencies with the goal of diminishing the threat to lives and the tax base posed by flooding. It strives to make the beach available to more people of the Town and thus foster the notion that Kitty Hawk is and wants to continue to be a family oriented beach community. The Town recognizes that some lots fronting on the ocean have or may become so shallow, because of erosion, that they cannot be built on. Also, the Town encourages property owners whose structures are threatened by flooding to take advantage of the Federal Insurance Administration program, offering assistance in moving the structure out of danger. Wherever possible, the vacated land is acquired by the public through dedication or purchase. Hazard Zone Four can, according to the SLOSH Study and the NFIP maps, expect serious flooding even in the case of a relatively minor hurricane. This area is also some of the most environmentally sensitive and aesthetically attractive land in Kitty Hawk. The Town expects that this area, if it develops at all, will develop as low density residential. The remainder of the Town, Hazard Zone Two and especially Hazard Zone Three, are less hazardous and are therefore more appropriate for multi -family structures and commercial uses and appropriate portions have been designated for these purposes. SOURCE: Land Use Plan Kitty Hawk North Carolina 1989. 3. Mitigation Kitty Hawk is very vulnerable to the effects of coastal storms. In this sense, the use of the term hazard is a misnomer in that "hazard" implies "chance" or "accident," whereas coastal storms on the Outer Banks are a part of the reality. There is no "if," just WRT\9414.RPT 7 "when." The question, then, is what can be done to diminish the risk. The answer is ' mitigation. Mitigation means "to make less severe or intense" but it does not mean remove or obviate. As long as people live on the Outer Banks risk will be present. a. North Carolina Building Code It is recognized that structures built on the Outer Banks need to be built to withstand the many perils of the natural environment including wind, flooding, soil erosion, erosion of building materials caused by salt air, battering from waves and debris laden flood waters, etc. The North Carolina Building Code requires that a number of building practices ' be followed in the coastal area. b. Flood Damage Prevention I A widely used measure to avoid flood waters is simply to raise the structure above the expected level of flooding. The National Flood Insurance Program requires, as a ' condition of participation in that program, that the participating jurisdiction require that all new buildings be so elevated. Kitty Hawk participates in the Flood Insurance Program and has adopted the required ordinance. Because so much of the Town is subject to flooding, a great many structures will be elevated. This will provide them with some protection from flooding, but if the structures are not carefully built to high standards, the elevation may , make them more vulnerable to high winds. 4. Evacuation , A review of the Evacuation Route Maps of the SLOSH Study make clear the problem residents will face in attempting to leave the Outer Banks in the face of an oncoming hurricane. All of the evacuees from Ocracoke to Corolla must leave by one of two bridge systems, and even once they cross the bridges, they must face the traffic in adjacent counties. ' Two of the more significant bottlenecks in the evacuation network occur on U.S. 158 on the northern border of Kitty Hawk. One bottleneck occurs at the Wright Brothers Memorial Bridge and the other at the intersection with Duck Road (S.R. 1203). The State is currently adding an additional two-lane bridge beside the existing Wright Memorial Bridge on U.S. 158 and is considering a bridge connecting Duck with the mainland. In North Carolina, public shelters may be designated and operated by the American Red Cross or by the County Department of Social Services. According to the ' SLOSH study, there are no shelters operated by the Red Cross in Dare County. 5. Reconstruction The Town ordinances require that any reconstruction that follows a disaster or storm related destruction shall take place in accordance with policy existing at the time of ' WRT\9414. RPT 76 ' the storm. It is the desire of the Town that the development that takes place following a storm should have the same characteristics of development allowed at the time of the storm. POLICY ' The Town supports: ' the strict adherence to the provisions governing post disaster reconstruction with respect to the designation of a local damage assessment team, infrastructure repair, and building permit issuance as provided in Chapter 7, ' Environmental Control, Article IV. Post Storm Reconstruction, of the Kitty Hawk Town Code; ' the strict adherence to and enforcement of CAMA policies as of January 1, 1989 prohibiting structures designed to stiffen the coast and impede the natural processes that are an integral part of the barrier island system; L F . the strict adherence to and enforcement of the North Carolina Building Code; . the participation of its residents in the National Flood Insurance Program; cooperative efforts between Town, State, and Federal agencies to acquire unbuildable, oceanfront lots; . the continuation of its low density residential development patterns; the concept of a moratorium on requests for amendments to Chapter 20, Zoning and Chapter 19, Subdivisions, of the Kitty Hawk Town Code for an appropriate period following an officially declared disaster; the concept of a construction moratorium for an appropriate period following an officially declared disaster; and, . the development of a Natural Hazards Plan. STRATEGY FOR AND TIMING OF IMPLEMENTATION • The Town will rely on the State to enforce CAMA regulations regarding beach stiffening devices on a daily or case by case basis. • The Town will enforce the North Carolina Building Code on a daily or case by case basis. • The Town will enforce Chapter 8, Flood Damage Prevention, of the Kitty Hawk Town Code on a d,,ily or case by case basis. WRT\9414.RPT - 77 - I • The Town will insure that those Town employees responsible for the enforcement of the North Carolina Building Code are properly trained and their work loads manageable. • The Town will explore the possibility of creating a mutual aid program to secure the services of extra building inspectors following a disaster. • Whenever the Town undertakes to build a new public structure, it will insure that it is designed to withstand the impact of coastal storms. • The Town will join with other local governments to urge that the Building Code be professionally reviewed to insure that its provisions are adequate for a coastal setting. • The Town will enforce Chapter 20, Zoning, of the Kitty Hawk Town Code on a daily or case by case basis. • The Town will enforce Chapter 7, Environmental Control, of the Kitty Hawk Town Code on a daily or case by case basis. • The Town will enforce Chapter 6, Emergency Preparedness, Civil Emergencies, Etc., of the Kitty Hawk Town Code on a daily or case by case basis. • The Town will urge Dare County and the State during Fiscal Year 1995-96 to formulate an evacuation plan which recognizes the regional nature of the problem. • The Town will participate in Dare County's evacuation drills on a case by case basis. • The Town will lobby State and Federal legislators as opportunities are presented for funding of evacuation route improvements and the establishment of a post - disaster fund of public monies to supplement Federal disaster relief aid. • The Town will develop a Natural Hazards Plan in Fiscal Year 1996-97. • The Town will participate, when asked, in the update or revision of the Dare County Emergency Management Plan. WRT\9414.RPT 78 1 IV. LAND CLASSIFICATION I YRT\9414.RPT ri H IV. LAND CLASSIFICATION A. Introduction As provided for in Rule .0204 of Subchapter 7B of the North Carolina Administrative Code, October 1989, a land classification system has been developed as a means of assisting Kitty Hawk in the implement2 tion of land use policies adopted herein. Delineation of land classes on the land classification map allows the Town to specify areas where certain policies apply. The land classification system is intended to be supported and implemented by zoning, subdivision, and other local growth management tools, and these local tools should be consistent with the classification system. The land classification system provides a framework to be used by the Town to identify the present and future use of all lands. As such, the land classification system is a tool to help implement policies. The designation of land classes allows the Town to illustrate its policy statements as to where and to what density it wants growth to occur and where it wants to conserve natural and cultural resources by guiding growth. SOURCE: North Carolina Administrative Code, October 1989. B. Land Classification A land classification system has been developed to identify the general character of existing development and future development in the Town. The system is based on existing land use patterns and the sequence of future development in certain areas of the community where basic services will become available to support development (roads, water, etc.). It is also based on the natural ability of the land to support development, recognizing that some sections of the Town should be conserved as natural areas or because they present hazards to development, or both. The land classification system developed and mapped by Kitty Hawk contains four categories of land: 1. Developed - Beach 2. Developed - Village 3. Transition 4. Conservation See MAP 4, LAND CLASSIFICATION SYSTEM. I WRT\9414.RPT - 79 - "Developed" lands provide space for continued development or redevelopment. This ' includes lands currently developed at or approaching a density of 500 dwellings per square mile that are serviced by public roads, water lines, and recreational facilities as well as ' police and fire protection. Even though the two areas of Town are not very different in density or the mix of land uses, the division of developed lands into "Developed - Beach" and "Developed - Village" recognizes the differences between the character of existing , development in Kitty Hawk Beach and Kitty Hawk Village. Even though the density and use standards are the same for each, any further development in these two areas should recognize the distinctive character of each. Kitty Hawk Beach is somewhat typical in , design, land use mixtures, and density of residential beach communities in North Carolina. It is the more seasonal and transient part of the community. Kitty Hawk Village is different, even though its density is not much lower than that of the beach; its unique ' character consists of its small scale, its sense of heritage as one of the oldest continuous settlements on the Outer Banks, its vast stands of maritime forest, and the special quality of life it provides for its residents. The Village has more a sense of being a year-round ' residential community. "Transition" lands provide space for additional urban type development. These are ' lands that may or may not be developed now but are suitable for development and/or scheduled for the provision of utilities and services that support development. The transition , areas in Kitty Hawk cover land that is presently developed or expected to be developed and includes those areas where a commitment has already been made for Dare County to construct and maintain water lines, streets, and other physical infrastructure necessary to , support development. Lands in the "Conservation" class are those requiring effective long-term ' management in order to protect significant, limited, or irreplaceable natural, cultural, and scenic values. The "Conservation" class includes Areas of Environmental Concern; wetlands; important wildlife habitats; undeveloped forest lands; and undeveloped shoreland ' that are unique, fragile, or hazardous for development. Conservation lands include those areas that are particularly unsuitable for intense development and/or have special, irreplaceable natural and aesthetic value. The types of development suited to ' "Conservation" lands are very low -density residential, recreational, and open space uses, but not commercial uses. Development within "Conservation" land must take special precautions such as bridging and requiring that mitigation measures be performed in Town ' to overcome any hazardous conditions and to maintain the land's intrinsic natural qualities. WRT\9414.RPT - 80 - I � WORKSHOPS AND MEETINGS NRT\9414.RPT WORKSHIPS AND MEETINGS As a general guide, Town Council adopted a "Citizens' Participation Plan for Town of Kitty Hawk Land Use Plan Update 1993/94" on November 1, 1993. See APPENDIX 3. The Planning Board set aside its second meeting each month during Fiscal Year 1994 for the ' discussion of the land use plan update. These meetings were publicized and citizen input was welcomed. ' The Town Planner, a representative from the Town's land use planning consulting firm, and a representative from the Department of Environment, Health, and Natural Resources, Division of Coastal Management attended most of these land use plan update meetings. In addition, the Town Planner and a representative from the Town's land use planning consulting firm addressed the Kitty Hawk Citizens' Association in 1994. 0 1 WRT\9414. RPT - 81 - SOURCES CONSULTED L� 1 I MRT\9414.RPT 1 1 L� Booz-Allen and Hamilton, Inc. Dare County Ca=ing/Development Study Final Report. Bethesda, MD: Booz-Allen and Hamilton, Inc., 1986. Dare County Data Processing Department, 1994. North Carolina Power. 1994 Buildout Study: Outer Banks District 1988-1992. Manteo, North Carolina: North Carolina Power, 1994. State of North Carolina. North Carolina Administrative Code, T15A: 7B, Subchapter "711-Land Use Planning Guidelines." Raleigh, North Carolina: State of North Carolina, October, 1989. State of North Carolina. North Carolina Building Code. Raleigh, North Carolina: State of North Carolina, 1982. State of North Carolina. Laws and Rules for Sewage Treatment and Disposal Systems. ' Raleigh, North Carolina: North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Health, 1993. 7 Ll nI u Town of Kill Devil Hills, North Carolina and William C. Overman Associates, P.C. 1993 Town of Kill Devil Hills Land Use Plan Update. Kill Devil Hills, North Carolina and Virginia Beach, Virginia: Town of Kill Devil Hills and William C. Overman Associates, P.C., 1993. Town of Kitty Hawk, North Carolina and Coastal Resources Collaborative, Ltd. Land Use Plan Kitty Hawk. North Carolina 1989. Kitty Hawk, North Carolina and Chapel Hill, North Carolina: Town of Kitty Hawk, North Carolina and Coastal Resources Collaborative, Ltd., 1989. Town of Kitty Hawk, North Carolina and Coastal Resources Collaborative, Ltd. Land Use Plan Kitty Hawk. North Carolina 1983. Kitty Hawk, North Carolina and Chapel Hill, North Carolina: Town of Kitty Hawk, North Carolina and Coastal Resources Collaborative, Ltd., 1983. Town of Kitty Hawk, North Carolina. Kitty Hawk Town Code. Town of Kitty Hawk, North Carolina: Town of Kitty Hawk, North Carolina, 1995. Town of Southern Shores, North Carolina. Town of Southern Shores Land Use Plan 1992 Sketch Level Update. Town of Southern Shores, North Carolina: Town of Southern Shores, 1992. WRT\9414.RPT - 83 - U.S. Department of Agriculture, Soil Conservation Service. Soil Survey of Dare County, North Carolina. Washington, D.C.: U.S. Government Printing Office, 1992. U.S. Department of Commerce, Bureau of the Census. 1990 Census of Population and Housing,, Summary Population and Housing Characteristics North Carolina. Washington, D.C.: U.S. Government Printing Office, 1991. U.S. Department of Commerce, Bureau of the Census. County Business Patterns 1990. North Carolina. Washington, D.C.: U.S. Government Printing Office, 1992. WRT\9414.RPT - 84 - 7 INDEX I WRT\9414.RPT INDEX A PAGE NO. (Housing and) Accommodations 11,32 Adopt -a -Beach 56 Adopt -a -Road 56 Adult Entertainment 68 Advanced (/Intermediate) Emergency Medical Technicians 10,57 (Productive) Agricultural Lands 33 Albemarle -Pamlico Estuarine Study (APES) 36 American Red Cross 76 Amusement Parks 57 Architectural Overlay District 71 Architectural Review Board 71 Areas of Environmental Concern 22, 36 Areas of Environmental Concern and Fragile Areas (MAP 2) SLEEVE 2 Areas With Resource Potential 25 Atlantic Ocean 9, 69, 72 Aycock Brown Welcome Center 59 WRT\9414.RPT - 85 - Barrier Island System 77 Basic Emergency Medical Technicians 10,57 Baum Tract 59 (Coastal and Estuarine Water) Beach Access 51 Beach Central Communications System 10, 58, 59 Beach Commercial (Zoning District) 13 Beach Hotel (Zoning District) 13 Beach Nourishment 49 Beach Road 63,- 64 Bertie County 10 Bicycle Trails 63, 64,65 Bob Perry Road 8,27 Booz-Allen and Hamilton, Incorporated 31, 83 Borrow and Spoils Areas 49 Britthaven Outer Banks 11 Build Out Considerations 30 1994 Build Out Study: Outer Banks District 1988-1992 83 (North Carolina) Building Code 75 (Estuarine) Bulkhead Installation 43 Bureau of the Census 5, 6, 7, 84 Buxton Woods 8 NRT\9414.RPT 86 1 1 1 1 C-Zone 74 Cable Television Facilities 61 Caribbean Sea 72 Carnivals and Carnival Rides 57 Carrying Capacity Analysis 25 Carrying Capacity Scenario 26 Category Five Hurricane 74 Category Four Hurricane 74 Category One Hurricane 74 Category Three Hurricane 74 Category Two Hurricane 74 (1990) Census of Population and Housing 5, 6, 7, 84 Channel Maintenance 49 Citizen Participation 71 Citizen Participation Plan (APPENDIX) 71, 3-1 Civil Emergencies 78 Coastal Area Management Act of 1974 (CAMA) 1, 22, 36, 37, 40, 41, 75, 77 Coastal (and Estuarine Water) Beach Access 51 WRT\9414.RPT - 87 - Coastal Management 17 Coastal Resources Commission 74 Coastal Wetlands 40 Coastal Wetlands Area of Environmental Concern 23,74 Commercial (Zoning District) 13 Commercial (and Recreational) Fisheries 44 Commercial Forest Lands 33 Community Appearance 55 Community Appearance Committee 56 (Economic and) Community Development Issues 46-69 Community Facilities 29 Community Shopping Mail (Zoning District) 13 Composite Hazards (MAP 3) 74, 75, SLEEVE 3 Conservation 79, 80 (Kitty Hawk Woods) Conservation Easement 45 Consolidation 60 County Business Patterns 1990 84 Cultural Resources 70 Currituck Sound 1, 8, 9, 22, 23, 68, 69 WRT\9414.RPT - 88 D Dare County 8, 10, 29, 47, 52, 54, 58, 59, 62, 67 Dare County Board of Commissioners 67 Dare County Carrying Capacity/Development Study 31, 83 Dare County Data Processing Department 8,83 Dare County Department of Social Services 76 Dare County Detention Center 10,58 Dare County Emergency Management Plan 78 Dare County Health Department 29, 34, 35, 69 Dare County Library 11 Dare County School Board 59,60 Dare County Tourism Board 46, 51, 67 (Types,) Densities (Location, and Units Per Acre) of Anticipated Residential Development 52 Developed - Beach 79, 80 Developed - Village 79,80 Docks 36 Dredging 36 Driving on Beaches 45 Dry Stack Storage 41 Duck Pond Creek 23 Duck Road 76 WRT\9414.RPT - 89 - E. Eastern North Carolina Hurricane Evacuation Study 74 Economic and Community Development Issues 46-70 Economy 30,32 Education 59 Electric Generating Plants 50 Electrical Facilities 60 Elizabeth City 11 Emergency Medical Services 10 Emergency Medical Technicians 10, 57, 58 Emergency Preparedness 78 Employment Opportunities 53 Energy Facility Siting and Development 50 Environmental Control 16,77 (Soil) Erosion 15, 72, 75 Estuarine Bulkhead Installation 43 Estuarine Shorelines Area of Environmental Concern 23, 24, 74 (Development of Sound and) Estuarine System Islands 33 Estuarine Systems Areas of Environmental Concern 23 (Coastal and) Estuarine Water Beach Access 51 WRT\9414.RPT - 90 1 1 1 1 1 1 1 1 1 (Trawling Activities In) Estuarine Waters 33 Estuarine Waters Area of Environmental Concern 23 Evacuation 65, 76, 78 Evacuation Route Maps 76 Existing Land Use (MAP 1) SLEEVE 1 (Inshore and Outer Continental Shelf) Exploration 50 Extraterritorial Jurisdiction (ETJ) 41, 44, 68 F Falcon Cable TV 61 Federal Clean Water Act 37 Federal Emergency Management Agency (FEMA) 74 (Commitment to State and) Federal Programs 49 (Kitty Hawk Volunteer) Fire Department 10,29 Fire Hydrants 59 Fire Supression Rating Schedule 58 First Flight Elementary School 10,29 First Flight Middle School 10, 29, 59 Fust Responders 10,58 (Commercial and Recreational) Fisheries 44 Floating Homes 41 WRT\9414.RPT 91 Flood Damage Prevention 16, 42, 76, 77 Flood Insurance Program 42,76 Flood Insurance Rate Maps 18 Flooding 72,73 (Hazardous or) Fragile Areas 22, 37, 40, 41 (Areas of Environmental Concern and) Fragile Areas (MAP 2) SLEEVE 2 (Dr. Neil) Frank 74 Freshwater Swamps 37 G.. General Beach Commercial (Zoning District) 13 Ginguite Creek 23,36 Go-carts 57 Greenhouse Effect 73 (Types of Urban) Growth Patterns Desired 47 H. (Nursery and) Habitat Areas 44 Hazard Zone Four 74,75 Hazard Zone One 74,75 WRT\9414.RPT 92 Hazard Zone Three 74,75 Hazard Zone Two 74,75 Hazardous (or Fragile) Areas 37 Herbert Perry Road 27 High Bridge Creek 22 High Density Beach Residential (Zoning District) 13,37 High Density Residential Village (Zoning District) 13 High Hazard Area of Environmental Concern 23, 24, 74 (Cultural or) Historical Resources 70 "History of Kitty Hawk" (APPENDIX 1) 1, 1-1 Horseback Riding 65 Housing (and Accommodations) 11,32 Hurricanes 729 73, 74, 75 I (Types and Locations of) Industries Desired 46 Information Base 3 Insect Control 11 Inshore (and Outer Continental Shelf) Exploration 50 (Advanced) Intermediate Emergency Medical Technicians 10 NRT\9414.RPT - 93 - Jean Guite Creek K Kill Devil Hill Kill Devil Hills (1993 Town on Kill Devil Hills Land Use Plan Update Kitty Hawk Bay Kitty Hawk Beach Kitty Hawk Citizens' Association Kitty Hawk Elementary School Kitty Hawk Fire Station Kitty Hawk Road Kitty Hawk Town Code Kitty Hawk Town Council Kitty Hawk Village 23, 36 70 19 49 109 30, 54, 59, 83 83 1, 9, 23, 24, 37, 41, 68 7, 8, 70, 79, 80 81 9,29 M,I 8, 37 12-16, 35, 38, 39, 40, 429 43, 46, 479 48, 52, 53, 54, 55, 56, 57, 66, 68, 69, 70, 75, 77, 78, 83 67 7, 8, 26, 30, 70, 79, 80 Kitty Hawk Volunteer Fire Department 10, 30, 57, 58, 59 Kitty Hawk Woods 81 13, 25, 27, 31, 45, 46, 65 WRT\9414.RPT - 94 - L. Land Classification 79,80 Land Classification System (MAP 4) SLEEVE 4 Land Need 31 Land Suitability Constraints 17 Land Use 7 Land Use Plan Kitty Hawk North Carolina 1983 3, 5, 9, 31, 83 Land Use Plan Kitty Hawk North Carolina 1989 3, 4, 9, 11, 12, 31, 65, 83 Landfill Siting 66 Laws and Rules for Sewage Treatment and Disposal Systems 34, 35, 83 Lindbergh Avenue 63, 64, 65 Litter Control and Removal 56 (Types, Densities,) Location (and Units Per Acre) of Anticipated Residential Development 52 Low Density Beach Residential (Zoning District) 13 Low Density Village Residential (Zoning District) 13 Low Pressure Systems 73 WRT\9414. RPT 95 M. ('Transportation System) Maintenance 63, 64, 65 Man -Made Hazards 18, 33 Manteo 30,58 Manteo High School 29 Marina Basins 42 Marinas 41 Marine Fisheries Commission 23 Maritime Forests 37 Marshes 37 Mean Family Income 7 Mean Household Income 7 Mediam Family Income 7 Median Household Income 7 (Regional) Medical Center 11 Medium Density Beach Residential (Zoning District) 13 Medium Density Village Residential (Zoning District) 13 (Workshops and) Meetings 81 Menhaden Boats 54 Military Facilities 34 Mineral Production Areas 44 WRT\9414.RPT - 96 1 1 1 i 1 (The) Mining Act of 1971 15 Minor Permit Program 42,43 (Natural Hazard) Mitigation 75 Moor Shore Road 37 Motorcycles 57 Multi -Use Center 67 N Nags Head 8, 11, 30, 54 National Cooperative Soil Study 12 National Flood Insurance Program 75,77 National Hurricane Center 74 National Register of Historic Places 70 Nationwide Permit 38 Natural Hazards 18,72 Natural Hazards Plan 77,78 North Beach Medical Center 11, 71, 79 North Carolina 12 (Virginia Dare Trail) 8, 43, 58, 59, 64 North Carolina Administrative Code, October 1989 1, 3, 33, 71, 79, 83 North Carolina Association of Police Chiefs 58 North Carolina Building Code 77, 83 WRT\9414.RPT - 97 - North Carolina Coastal Management Plan 1 North Carolina Coastal Resources Commission (CRC) 1, 22, 23, 24 North Carolina Department of Environment, Health, and Natural Resources (NCDEHNR) 28, 34, 35, 43, 81, 83 North Carolina Department of Justice 58 North Carolina Department of Planning, State Data Center 31 North Carolina Dept. of Transportation (NCDOT) 11, 29, 36, 43, 51, 55, 63, 64, 65 North Carolina Division of Coastal Management (NCDCM) 9,36 North Carolina Division of Environmental Health 34, 35, 69 North Carolina Division of Marine Fisheries 36 North Carolina Environmental Management Commission 38 North Carolina Geneal Assembly 68 North Carolina Insurance Commission 58 North Carolina Outer Banks 70 North Carolina Power 12, 31, 60, 61 Northeaster 64, 73, 74 Nursery and Habitat Areas 44 Ocean Erodible Area of Environmental Concern 23, 24, 74, 75 Ocean Hazard Area Environmental Concern 23,24 Ocean Outfall 43 WRT\9414.RPT - 98 (Uses of and Activities In and On) Ocean (and Sound) Waters 68 Off -Road Vehicles 45 Outer Banks 75 Outer Banks Chamber of Commerce 46, 51, 53 Outer Banks Contractors 8 (Inshore and) Outer Continental Shelf Exploration 50 Outstanding Resource Waters 33 P Package Treatment Plants 39 Paramedics 10,57 Peat or Phosphate Minings Impact on Any Resource 33 Pedestrian Movement 63,65 Penny Toler Ditch 37 People 5 31 Physical Limitations 18 Piers 36 Planned Commercial Development (Zoning District) 13 Planned Unit Development (Zoning District) 13 (The) Planning Process 1 Pocosins 37 WRT\9414. RPT - 99 - Point Source Wastewater Discharge 69 Police 10, 29, 57 Poor Ridge Road 7, 22, 27 (1990) Population By Age Group and Sex (TABLE 1) 5 (1990) Population By Race (TABLE 2) 6 (Comparison of 1980 and 1990) Populations For Selected Outer Banks Localities (TABLE 3) 6 Port Facilities 34 Post Storm Reconstruction 16, 17,77 Potable Water 62 Poverty Status (By Age, By Household Type and Relationship in 1989) (TABLE 4) 7 Primary Nursery Areas (PNAs) 36 Productive Agricultural Lands 33 Protection of Potable Water Supply 33 Public Health 11 Public Safety 57 Public Sewer Facilities 62 Public Trust Waters Area of Environmental Concern 23, 24, 36 Public Water Facilities 61, 62 WRT\9414.RPT - 100 - R Reconstruction 76 Recreational Facilities 57 (Commercial and) Recreational Fisheries 44 Recycling 10 Redevelopment (of Developed Areas) 48 Refuse Transfer Station 66 Regional Medical Center 10 Resource Management Issues 44 - 45 Resource Protection Issues 34 - 43 Restriction of Development 42 Rezoning - 47 Saffir/Simpson Hurricane Scale (EXHIBIT 2) 72,73 Sand Dune Protection 16 Season Extender Events 51 Section 401 Surface Water and Wetlands Standards 38 WRT\9414.RPT - 101 - Section 404 Federal Clean Water Act 38 Sedimentation Control 15 Septic Tank and Drainfield Systems 28,29 Septic Tank Use 34, 69 (Local Commitment to Providing) Services to Development 47 (Utilities and) Services 9, 32 (Public) Sewer Facilities 62 (Water and) Sewer Service Areas 28 Shellfishing Waters 44 Shoreside Center 38, 39 Signs 14,54 (Areas Where Predominant) Slope (Exceeds Twelve Percent) 19 SLOSH Study 74, 75, 76 Soil Erosion 15 Soil Conservation Service 12, 84 (Areas With) Soil Limitations 19 Soil Survey of Dare County, North Carolina 1989 12, 84 Soil Types and Characteristics (EXHIBIT 1) 21 Solid Waste Services 10 (Development of) Sound and Estuarine System Islands 33 Sound Landing 27 (Uses of and Activities In and On Ocean and) Sound Waters 68 WRT\9414.RPT - 102 - Sources Consulted 83 Southern Shores 4,9 (Town on Southern Shores Land Use Plan Update 1992 Sketch Level Update 83 Special Flood Hazard Area (V-Zone) 74 Special Tax Districts 53,54 (Borrow and) Spoil Areas 49 (Commitment to) State (and Federal) Programs 49 Stone Island 27 Stormwater Runoff 40 Street Aid Allocation Program 11 Subdivisions 15, 48, 52, 69, 70 Submerged Aquatic Vegetation (SAV) 36,44 Surface Waters 40 Swamps 37 T (Existing) Tax Base Terrain Vehicle Tracks The Woods Road Thoroughfare Plan Tornadoes WRT\9414.RPT - 103 - 53 57 27 62, 64 73 Tourism 51 Transition 79, 80 Transportation System 11, 32, 62, 64 Trawling Activities In Estuarine Waters 33 Types (Densities, Location, and Units Per Acre) of Anticipated Residential Development 52 U. U. S. 158 8, 55, 58, 59, 43, 62, 64 United States Army Corps of Engineers 37 United States Department of Agriculture (USDA) 12, 84 United States Department of Commerce, Bureau of the Census 5, 6, 7, 84 (Types, Densities, Location, and) Units Per Acre of Anticipated Residential Development 52 Upland Excavation 42 Utilities (and Services) 9, 31 v. V-Zone 74 Vehicular Movement 63 Village Commercial (Zoning District) 13,41 WRT\9414.RPT - 104 - Virginia Dare Trail 74 Virginia Department of Transportation 51 (Natural Hazard) Vulnerability 73 Wal-Mart 39 Wanchese 30 (Public) Water Facilities 61 Water (and Sewer) Service Areas 28 Water Supply 19 Water Supply Areas and Other Water With Special Values 33 (404) Wetlands 37 Wildlife Resources Commission 23 Workshops (and Meetings) 81 Wright Memorial Bridge 62,76 Wright Brothers 70 WRT\9414.RPT - 105 - X Y Z. Zoning 13, 14, 26, 27, 39, 47, 48, 52, 55, 68, 70, 75 WRT\9414.RPT - 106 r I APPENDICES I F 7 I MRT\9414.QRI TOWN OF KITTY HAWK, NORTH CAROLINA 1994 Town of Kitty Hawk, North Carolina Land Use Plan Update APPENDIX 1 HISTORY OF KITTY HAWK SOURCE: Excerpt from Land Use Plan Kitty Hawk North Carolina 1989, Town of Kitty Hawk, North Carolina 1-1 History of Kitty Hawk In the early 1500s, the Italian explorer, Giovanni da Verrazano, was the first European to leave a written account of his expeditions and observations along the coast of what is now the southeastern United States. Sixty years later, Sir Walter Raleigh sent two ships as England's first, and unsuccessful, attempt to colonize the New World. They found an entrance through the Banks above Cape Hatteras, probably at the present-day ' Jeanguite Creek north of Kitty Hawk, and "cast anker about three harquebushot within the havens thither" and went ashore on the south side of the inlet "to take possession of the same in the right of the Queens most excellent Majestie." They found friendly Indians, an "incredible aboundance" of fish, fruit, birds, deer and other edible game, and "the highest, -and reddest cedars of the world." (David Stick. 1958. The Outer Banks of North Carolina. Chapel Hill: - University of North Carolina Press) ' Despite the mysterious fate of the "Lost Colony," later English efforts were successful, and by the later 1700s, the pattern of European settlement of the Outer Banks was fairly well established. The people lived off the bounty of the land, the ocean, and the bays. People raised garden crops and livestock. They harvested fish, oysters, clams, crabs, and other fruits of the sea. They timbered stands ' of forest to build their houses and boats. Other occasional activities supported people too -- from I piloting outside boats through the inlets and sounds to scavenging. the remains of frequent shipwrecks. Lively arguments can still be heard concerning the origin of Kitty Hawk's name. It most likely comes from an Indian place name, as the area appears as "Chickehawk" or "Chickahawk" on maps of the early 1700s. However, by the later 1700s, residents were spelling the name much as it is today, with ' old deeds referring to the settlement as "Kittyhuk," "Kittyhark," "Kittyhawk," and "Kitty Hawk." . Well into the twentieth century, the residents of the Outer Banks followed traditional pursuits reflecting high degrees of both self-sufficiency and dependence on the ocean, sounds, and marshes. ' They were commercial fishermen, sailors, salvagers, boat builders, lumbermen, pilots, Coast Guardsmen, shore -whalers, and porpoise seiners. 1-2 1 One of the seven original U.S. Coast Guard Lifesaving stations on the Outer Banks was constructed on Kitty Hawk beach in 1874. The community's first post office opened in 1878. The community was not prosperous, but it existed comfortably as long as the land and waters continued to supply fish, shellfish, and game and as long as outside work could be found as a pilot, Coast Guardsman, fisherman, or boat builder. Kitty Hawk remained to itself and sustained itself. In 1900, two young visitors from Ohio, Orville and Wilbur Wright, came to Kitty Hawk. It was a place where they could begin a series of experiments that would change the world -- a place clear of trees and low hills and having steady, moderate winds. The Wrights pitched camp and began their experiments on Kill Devil Hill, the high ridge just south of Kitty Hawk Village. From the beginning, they were profoundly impressed with the austere living conditions of the "friendly and neighborly" people who greeted them. In letters to his father and sister back in Dayton, Ohio, Wilbur Wright reported "little wealth and no luxurious living ..... This is a great country for fishing and hunting. The fish are so thick you see dozens of them whenever you look down into the water. The woods are filled with wild game... " In three years of intense experimentation, the Wrights endured extremes of wind, weather, sand, insects, wrecked theories, and mechanical failures. Then, on the afternoon of December 17,1903, Orville Wright hurried across the dunes to the Kitty Hawk Weather Station and sent a terse telegram to his father: SUCCESS FOUR FLIGHTS THURSDAY MORNING ALL AGAINST TWENTY-ONE MILE WIND STARTED FROM LEVEL WITH ENGINE POWER ALONE AVERAGE SPEED THROUGH AIR THIRTY-ONE MILES LONGEST 57 SECONDS INFORM PRESS HOME CHRISTMAS Around the same time, the unique Outer Banks economy began to die on the vine. Waterfowl and boat -grade timber were becoming scarce. Eelgrass beds were destroyed by a blight. Fisheries began to decline. Steam freighters no longer plied the sounds. Shipwrecks became a rarity. Kitty Hawk remained isolated from the mainland in a world that was relying more and more on the automobile to move goods and people from one place to another. 1 - 3 In the 1920s, a growing band of citizens shared a vision of opening the Dare Beaches with bridges and roads connected to the mainland. Their efforts led to the construction of a bridge from Nags Head to Roanoke Island in 1928 and, in 1930, the construction of the Wright Brothers Memorial Bridge from Kitty Hawk to Point Harbor. An 18-mile sand and asphalt highway linked Kitty Hawk, Nags Head, and the two bridges. While the Great Depression stalled the impact of these public works, it also marked the transition of the Outer Banks economy from one based on commercial fishing and maritime traffic to one based on tourism and second -home development. After World War Two, the nation began an era of unprecedented prosperity, and a boom in tourism and development began on the Dare Beaches. This boom intensified in the 1960s and 1970s and continues today. The Town of Kitty Hawk incorporated on April 13,1981. Up until 1920, the village of Kitty Hawk was under the jurisdiction of Currituck County, though it was directly connected to Dare County, which was established in 1870. In 1920, the General Assembly made Kitty Hawk and the neighboring community of Duck part of Dare County. Despite recurrent talk of incorporation, a petition of incorporation was not circulated until the winter of 1980-1981. The petition, signed by a solid majority of Kitty Hawk's residents, was then presented to and approved by the General Assembly. Incorporation gave Kitty Hawk the ability to preserve its historical identity and chart its own course for the future. The Town Charter, issued on November 20,1981, created a Mayor -Council form of government but short experience soon lead to a change to the Council -Manager form. When it incorporated, the Town had 1,598 taxpayers and 477 registered voters. At the end of 1988 there were 3,273 taxpayers and 972 voters. 1-4 �I I TOWN OF KITTY HAWK, NORTH CAROLINA 1994 Town of Kitty Hawk, North Carolina Land Use Plan Update APPENDIX 2 REVIEW OF LAND USE POLICIES CONTAINED IN ' LAND USE PLAN KITTY HAWK NORTH CAROLINA 1989 AND IMPLEMENTATION AS OF 1994 2-1 REVIEW OF LAND USE POLICIES CONTAINED IN LAND USE PLAN TOWN OF KITTY HAWK NORTH CAROLINA 1989 AND IMPLEMENTATION AS OF 1994 GROUP A — ATTITUDES ABOUT GROWTH IN KITTY HAWK POLICY 1 - To ensure a strong voice in the government in the Town of Kitty Hawk the public will continue to be actively involved in the planning process. IMPLEMENTATION AS OF 1994: The Town routinely advertises the meetings of the Planning Board and Town Council. Civic groups, particularly the Kitty Hawk Citizens Association, Inc., are normally represented at public meetings. However, Town officials generally agree that public turnout at meetings and public interest in the planning process continue to be very poor. GROUP B -- ECONOMY POLICY 2 - The Town will maintain and promote its appeal as a place to visit and as a place to live by preserving its character as a low -density beach community, by preserving and enhancing its physical attractiveness and its natural beauty, and by planning for public beach access and open space through the land use plan, zoning and subdivision regulations, and other development policies. IMPLEMENTATION AS OF 1994: The Town enforces Chapter 20, Zoning, and Chapter 19, Subdivisions, of the Alta Hawk Town Code. During the planning period, five beach accesses and one sound access were developed. The Town is acquiring a 460-acre parcel dedicated as a conservation area known as Kitty Hawk Woods. POLICY 3 - The Town will encourage the continuation of independent fishing and crabbing operations and family oriented tourism as a part of Kitty Hawk's traditional economy. IMPLEMENTATION AS OF 1994: The Town is represented on the Dare County Tourism Bureau. During the planning period, the Town did nothing of significance to encourage or promote the continuation of independent fishing and crabbing operations nor did it discourage these activities -- relying instead on free market forces with regard to these generally family oriented businesses. FAm: 1 1 1 POLICY 4 - The Town will explore all options open to it to preserve and enhance the beauty of its natural and built environment. This will include but not be limited to ordinances and other policies to clear up existing eyesores, e.g., a re-examination of the sign provision of the zoning ordinance and the formulation of policy dealing with the visual appearance of the entranceways to and major passageways through the Town. IMPLEMENTATION AS OF 1994: The Town enforces Chapter 20, Zoning, and Chapter 19, Subdivisions, of the Kitty Hawk Town Code. The Town has, on occasion, found it necessary to institute legal proceedings to protect the public in cases involving violations of either or both. The Town adopted sign regulations during the planning period and is currently revising same. In addition, the Town staff is working with North Carolina Department of Transportation personnel to develop various landscaping proposals to enhance the visual appearance along U.S. 158 from the Wright Memorial Bridge to the Outer Banks Visitors Center. POLICY 5 - The Town will explore non -tourist related business to broaden the economy but is not interested in businesses which have an adverse impact on the natural environment. IMPLEMENTATION AS OF 1994: In Kitty Hawk, the primary non -tourist related businesses are building materials supply establishments and real estate firms -- many of which cater to a visiting clientele. Kitty Hawk has not actively explored non -tourist related businesses to broaden the economy, relying instead on free market forces to determine business patterns and development. GROUP C -- NATURAL ENVIRONMENT POLICY 6 - The Town of Kitty Hawk will continue to vigorously pursue extending the Dare County water system into unserved areas where growth is anticipated. IMPLEMENTATION AS OF 1994: The Town enforces Chapter 19, Subdivisions, of the Kitty Hawk Town Code, requiring water service extension and fire hydrant installation in new developments. POLICY 7 - The Town of Kitty Hawk will continue to project the community's future water needs in relation to its growth potential. IMPLEMENTATION AS OF 1994: Water service to Town residents is provided. by Dare County. The Town provides information concerning growth and development activities to Dare County as requested but did not prepare and release any official projections of future water needs in relation to its growth potential. 2-3 POLICY 8 - The Town of Kitty Hawk will continue to encourage Dare County to modify the existing water system into "loops" which will help to maintain service in the case of a malfunction in the system. IMPLEMENTATION AS OF 1994: The Town took no official action to encourage Dare County to moth existing water system facilities into loops but encourages developers through Town staff f `' and Planning Board contact to provide for looping. POLICY 9 - The Town will explore ways in which the effects of stormwater runoff can be minimized. This will include an examination of existing development management policy dealing with coverage, lot size, protection of natural drainage systems, etc.* IMPLEMENTATION AS OF 1994: The Town has not adopted a stand-alone stormwater management plan but does consider the potential of stormwater run-off during reviews conducted as required by Chapter 20, Zoning, and Chapter 16, Soil Erosion and Sedimentation Control, of the Kitty Hawk Town Code. The Town does not employ a full time professional engineer. POLICY 10 - It is recognized that all of the soil in Kitty Hawk is limited in terms of its ability to adequately accommodate septic tanks. Much of the better soil has already been developed leaving only the soils with severe and very severe limitations. It is the policy of the Town that a community -wide public sewer system will not be installed. The Town will explore the possibility of formulating regulations dealing with package treatment plant inspection and maintenance. If it is not feasible, the Town will explore urging the county and state to formulate a program to insure the continued adequate operation of these facilities. IMPLEMENTATION AS OF 1994: No speck regulations dealing with the inspection and maintenance of package treatment plants have been formulated by the Town. On -site sewage systems are required and the Dare County Health Department is relied on to approve, inspect, and monitor same. However, in Chapter 20, Zoning, of the Kitty Hawk Town Code, the use of package treatment plants is provided for. During the planning period, one such facility was installed to serve the Wal- Mart retail department store. The Town continues to oppose the development of a community -wide public sewer system and took no steps to explore the feasibility of such facilities. R 2-4 POLICY 11 - The Town of Kitty Hawk recognizes that the identification and protection of AECs is one of the central concerns of the Coastal Management Program for North Carolina. ' Governmental intervention in land development is necessary to assure the proper functioning of the physical and biological systems. IMPLEMENTATION AS OF 1994: The Town enforces Chapter 20, Zoning, and Chapter 19, Subdivisions, of the K a Hawk Town Code and cooperates with the Dare County Health Department, the North Carolina Department of Environment, Health, and Natural Resources' Division of Coastal Management, and the United States Army Corps of Engineers in their respective programs and areas of responsibility. POLICY 12 - The Town of Kitty Hawk will cooperate fully with the appropriate State and ' Federal agencies to conserve, manage, and protect all the estuarine waters and their vital components. ' IMPLEMENTATION AS OF 1994: ' The Town enforces Chapter 20, Zoning, and Chapter 19, Subdivisions, of the Kit Haw Town Code and cooperates with the Dare County Health Department, the North Carolina Department of Environment, Health, and Natural Resources' Division of Coastal Management, and the United States Army Corps of Engineers in their respective programs and areas of responsibility. ' POLICY 13 - The Town of Kitty Hawk recognizes the importance of coastal wetlands as a breeding area for fish, shrimp, and certain animals, birds, and plants. No development ' activity is permitted within this AEC. IMPLEMENTATION AS OF 1994: The Town enforces Chapter 20, Zoning, and Chapter 19, Subdivisions, of the KiyyH w Town Code and cooperates with the Dare County Health Department, the North Carolina ' Department of Environment, Health, and Natural Resources' Division of Coastal Management, and the United States Army Corps of Engineers in their respective programs and areas of responsibility. ' POLICY 14 - The Town will work with the appropriate State and Federal agencies in protecting the integrity of all public trust waters within the Town of Kitty Hawk. IMPLEMENTATION AS OF 1994: ' The Town enforces Chapter 20, Zoning, and Chapter 19, Subdivisions, of the Kitty Hawk Town Code and cooperates with the Dare County Health Department, the North Carolina Department of Environment, Health, and Natural Resources' Division of Coastal ' Management, and the United States Army Corps of Engineers in their respective programs and areas of responsibility. 2-5 POLICY 15 - The Town will work closely with the County Health Department and with the State Division of Coastal Management in managing estuarine shorelines. I IMPLEMENTATION AS OF 1994: The Town enforces Chapter 20, Zoning, of the Kitty Hawk Town Code and supports and ' relies on the North Carolina Department of Environmental, Health, and Natural Resources' Division of Coastal Management as it enforces the requirements of the Coastal Area ' Management Act of 1974. POLICY 16 - Within ocean erodible areas, the Town will maintain the line of oceanfront ' sand dunes by protecting the vegetation which stabilizes the dune system and by prohibiting further development in these areas.* IMPLEMENTATION AS OF 1994: ' The Town enforces Chapter 20, Zoning, of the Kitty Hawk Town Code and supports and ' relies on the North Carolina Department of Environmental, Health, and Natural Resources' Division of Coastal Management as it enforces the requirements of the Coastal Area ' Management Act of 1974. POLICY 17 - The Town encourages the construction and installation of wooden walkways ' and steps to the beach, elevated observation platfroms, and sand fences in areas where erosion has occurred. The Town prohibits bulkheads, jetties, groins, and similar structures along the oceanfront except where structures are in imminent danger from the Atlantic ' Ocean. In that case, temporary erosion control structures including bulkheads or similar structures made of sandbags .or comparable materials or low sandbag groins or sandbag sediment trapping structures are allowed in accordance with CRC guidelines. ' IMPLEMENTATION AS OF 1994: The Town supports the programs and requirements of the Coastal Resources Commission and the guidelines of the Coastal Area Management Act of 1974. POLICY 18 - The Town will continue to enforce the standards prescribed by the National , Flood Insurance Program for development. IMPLEMENTATION AS OF 1994: ' To require that standards for development, as prescribed by the National Flood Insurance ' Program, are met, the Town enforces Chapter 8, Flood Damage Prevention, of the Kitty Hawk Town Code. POLICY 19 - The Town of Kitty Hawk will identify the variety of natural and manmade resources within the Town and work to preserve them; encourage retention of forest growth and natural plant communities; maintain a suitable habitat for animals and birds indigenous to the area; and disturb the natural terrain as little as possible. IMPLEMENTATION AS OF 1994: The Town is acquiring a natural area of some 460 acres called Kitty Hawk Woods and is currently studying various management tools and preservation strategies. The need to develop local regulations and expertise to identify and investigate ways to preserve local man- made historical resources has been expressed by some Town residents. POLICY 20 - In the interest of preserving and conserving the natural environment, the Town has adopted a Sand Dune Protection Ordinance, a Soil Sedimentation and Erosion Control Ordinance and a special section of the Zoning Ordinance dealing with the development of Kitty Hawk Woods. It is the policy of the Town to enforce these ordinances and to encourage citizens and land owners to protect these resources on a voluntary basis. IMPLEMENTATION AS OF 1994: ' The Town enforces Chapter 7, Environmental Control, Chapter 8, Soil Erosion and Sedimentation Control, and Chapter 20, Zoning, of the Kitty Hawk Town Code and ' encourages voluntary resource protection through Town staff contacts. POLICY 21 - Although there are several cemeteries, these appear to be at or near capacity. The Town will explore the possibility of expanding one or more of these or creating a new cemetery to accommodate future needs. ' IMPLEMENTATION AS OF 1994: The Town did not officially explore the possibility of expanding or creating any new ' cemeteries. POLICY 22 - The Town will consider supporting a comprehensive inventory of ' archaeologically, architecturally, and/or historically important buildings and areas.* IMPLEMENTATION AS OF 1994: ' To date, this policy has not been implemented. However, the Town explored some o the P cy P P .f options and approaches available to it whereby an inventory of archaeologically, architecturally, and historically important buildings and areas could be made. In fact, the Town reviewed the creation of a historical committee but the concept was subsequently abandoned. 2-7 GROUP D - COMMUNITY FACILITIES AND SERVICES POLICY 23 - The Town of Kitty Hawk will attempt to project the community's future water needs in relation to its growth potential and will communicate that information to Dare County. IMPLEMENTATION AS OF 1994: This, or a similar policy, is discussed elsewhere in this document. See Page 2, GROUP C - NATURAL ENVIRONMENT, POLICY 7. POLICY 24 - The Town of Kitty Hawk will continue to encourage Dare County to modify the existing water system into "loops" which will help to maintain service in the case of a malfunction in the system. IMPLEMENTATION AS OF 1994: This, or a similar policy, is discussed elsewhere in this document. See page 3, GROUP C - NATURAL ENVIRONMENT, POLICY 8. POLICY 25 - The Town will amend the Subdivision Ordinance to require installation of fire hydrants in all new developments.* IMPLEMENTATION AS OF 1994: This, or a similar policy, is discussed elsewhere in this document. See page 2, GROUP C - NATURAL ENVIRONMENT, POLICY 6. POLICY 26 - The location of new water wells shall be approved pursuant to the rules and regulations of the appropriate agencies.* IMPLEMENTATION AS OF 1994: The Town cooperates with and relies on the Dare County Health Department to regulate the siting, installation, and use of water wells and requires certification of compliance from the agency prior to the issuance of building permits when well use is proposed. POLICY 27 - It is the policy of the Town to actively seek the cooperation of the Dare County Health Department in assuring safe septic tank installation and operation in Kitty Hawk.* IMPLEMENTATION AS OF 1994: The Town cooperates with and relies on the Dare County Health Department to regulate the siting, installation, and use of septic tanks and requires certification of compliance from the agency prior to the issuance of building permits when septic tank use is proposed. ' POLICY 28 - The Town of Kitty Hawk will require developers and homeowners' associations proposing and constructing package treatment plants to file with the Town a copy of the management contract between the developer and operator, the package wastewater treatment plan, the rate structure, an engineer's statement that the rate structure's minimum number of users will generate enough revenue to maintain and operate the system, ' and a bond or other written assurance that such facilities will be properly and continuously maintained. * ' IMPLEMENTATION AS OF 1994: This, or a similar policy, is discussed elsewhere in this document. See page 3, GROUP C - NATURAL ENVIRONMENT, POLICY 10. POLICY 29 - Recognizing that there is a strong possibility that portions of the Beach Road may be destroyed by erosion, and that another north -south. road in Kitty Hawk Beach is necessary in any case, the Town will take whatever steps are necessary and appropriate to ' make Lindbergh Avenue a viable north -south thoroughfare which could serve as a replacement for the Beach Road if necessary. In order to insure that this remains a viable option, the necessary right-of-way will be acquired as soon as possible. ' IMPLEMENTATION AS OF 1994: ' During the planning period, the Town convened various study committees and at least one study has been made, resulting in efforts to connect Lindbergh Avenue and Ballet Street. This situation has also been studied by the North Carolina Department of Transportation and ' will again be considered as a part of the ongoing thoroughfare planning process. POLICY 30 - The Town is working with the N.C. Department of Transportation and the beach communities to formulate a plan for a thoroughfare system which will move automobile traffic. expeditiously and safely. Because of the.commitment of Kitty Hawk to retain its character as a family beach community, .the thoroughfare plan should actively ' consider modes of transportation other than the private automobile, e.g., walking, bicycles, small buses, etc., in an effort to make Kitty Hawk not completely dependent on the automobile for all movement.* IMPLEMENTATION AS OF 1994: ' Currently, the Town is working with the North Carolina Department of Transportation to develop a Thoroughfare Plan. POLICY 31 - The Town will actively seek to develop a system of bicycle trails and lanes. IMPLEMENTATION AS OF 1994: ' The Town did not developa stem o bicycle trails and lanes during the planning period. system ,f cy g P g Currently, the Town is working with the North Carolina Department of Transportation to develop a Thoroughfare Plan which will also address bikeways. � 29 POLICY 32 - The Town will continue to give full support to the Beach Central Communications System. IMPLEMENTATION AS OF 1994: The Town supports the Beach Central Communications System by providing funding. POLICY 33 - It is the policy of the Town of Kitty Hawk to encourage the use of names indigenous to the Outer Banks when choosing names for roads and other highly visible objects, public and private.* IMPLEMENTATION AS OF 1994: The Town staff and Planning Board, on an informal, case by case basis, encourages those seeking to name roads or public or private buildings to use names indigenous to the Outer Banks. POLICY 34 - Moor Shore Road and any adjacent right-of-way will be retained as a public right-of-way for use by the public in gaining access to Kitty Hawk Bay and other legitimate public purposes.* IMPLEMENTATION AS OF 1994: The Town retains Moor Shore Road and adjacent rights -of -way as public rights -of -way to afford public access to Kitty Hawk Bay. POLICY 35 - The Woods Road should be improved but only with as little damage as possible to the character and natural environment of Kitty Hawk Woods.* IMPLEMENTATION AS OF 1994: The Woods Road was paved during the planning period with little or no damage to the natural environment of Kitty Hawk Woods. POLICY 36 - The Town will encourage the North Carolina Department of Transportation to restore the Mile Posts to their former prominence so that they can once again be used as location indicators. * IMPLEMENTATION AS OF 1994: The Town implemented this policy during the planning period, and mile posts have been restored. 2 - 10 I POLICY 37 - An drains, culverts, bridges and other stormwater management devices which Y g g ' are to be replaced because of damage or road reconstruction will be of an appropriate size to accommodate projected demand to be placed upon them.* ' IMPLEMENTATION AS OF 1994: The Town cooperates with and relies on the North Carolina Department of Transportation to ' maintain, replace, or upgrade drains, culverts, bridges, and stormwater management devices associated with its transportation system. The Town continues to enforce Chapter 19, Subdivisions, of the Kitty Hawk Town Code. tPOLICY 38 - The Town believes the recreational activities provided in this Plan are necessary for the health and welfare of its citizens and visitors and that certain recreational ' uses of land are appropriate to enhance the health and welfare of the Town. The Town will allow outdoor and indoor sporting activities as set forth in the zoning ordinance as conditional uses provided the activity is harmonious with the environment, promotes the ' family orientation of the community and provided it is not incompatible with existing land uses of adjoining property owners.* IMPLEMENTATION AS OF 1994: The Town enforces Chapter 20, Zoning, of the Kitty Hawk Town Code. ' POLICY 39 - The Town does not want to promote and encourage amusement parks, carnivals, and carnival rides, or go-cart, motorcycle, or terrain vehicle tracks or any ' ( recreational use which creates noise loud enough to be heard beyond the property lines of the property or which causes significant amounts of light to be visible off the premises and which, by reason thereof, constitutes a traffic hazard or is not consistent with the public ' health and welfare of the adjoining property owners.* IMPLEMENTATION AS OF 1994: ' The Town enforces Chapter 20, Zoning, o the Kit Hawk Town Code. .f P g f ty ' POLICY 40 - The Town will review and amend its zoning ordinance to allow specific sporting activities as conditional uses and establish the standards and conditions prerequisite to the use as well as designate the districts in which the sporting activities may be ' conducted. * ' IMPLEMENTATION AS OF 1994: The Town amended Chapter 20, Zoning, of the Kitty Hawk Town Code with respect to sporting activities and continues to enforce same. 2 - 11 POLICY 41 - The Town will formulate an ocean beach and sound access plan, with due consideration to the future growth of its year-round and seasonal populations, and will ' provide adequate beach access and other recreational facilities for its residents and visitors. IMPLEMENTATION AS OF 1994: ' The Town has not formulated an official ocean beach and sound access plan. However, accesses were developed during the planning period. See page 1, GROUP B - ECONOMY, ' POLICY 2. POLICY 42 - The Town will study the need and potential for future recreational facilities on I the soundside, bike paths, and additional public beach access points and parking areas. IMPLEMENTATION AS OF 1994: ' The Town has not conducted an official study of the need and potential for future recreational facilities on the soundside, bike paths, and additional public beach access points and parking ' areas. However, accesses were developed during the planning period. See page 1, GROUP B - ECONOMY, POLICY 2. POLICY 43 - The Town will create a stud committee to plan for develop, and maintain ' Y P � P� adequate recreational facilities. IMPLEMENTATION AS OF 1994: The Town has not created an official study committee to plan for, develop, and maintain ' adequate recreational facilities. A Recreation Committee was formed but was subsequently disbanded without any significant work having been accomplished. ' POLICY 44 - The Town will improve and maintain all public access areas. IMPLEMENTATION AS OF 1994: , All public access areas are maintained by or for the Town and improved as necessary. I POLICY 45 - To protect public beach access areas from erosion, the Town should keep the areas well -vegetated, stagger sand fencing, and construct walkways across dunes. ' IMPLEMENTATION AS OF 1994: This, or a similar policy, is discussed elsewhere in this document. See page above, GROUP ' D - COMMUNITY FACILITIES AND SERVICES, POLICY 44. 2 - 12 P POLICY 46 - The Town will enforce its Dune Protection Ordinance to keep people from weakening the barrier dunes as well as those dunes west of U.S. 158.* IMPLEMENTATION AS OF 1994: The Town enforces Chapter 7, Environmental Control, of the Kitty Hawk Town Code. POLICY 47 - The Town will enforce its ordinance to control littering and dumping at public recreation areas. * IMPLEMENTATION AS OF 1994: The Town enforces Chapter 17, Solid Waste, of the May Hawk Town Code. POLICY 48 - The Town will continue to place trash receptacles at the most actively used recreation areas. IMPLEMENTATION AS OF 1994: The Town continues to maintain trash receptacles at recreation areas including accesses and at the bath house off Kitty Hawk Road. POLICY 49 - The Town will acquire by donation or purchase additional useful beach access areas and related parking facilities when property becomes available, giving priority to properties which are or may become unbuildable due to natural causes. IMPLEMENTATION AS OF 1994: The Town has not acquired additional beach access areas and parking facilities during the planning period. However, accesses were developed during the planning period. See page 1, GROUP B - ECONOMY, POLICY 2. POLICY 5 - The Town will apply for State and Federal funds whenever it is available for acquiring, improving, or maintaining beach access sites, related parking areas, and other public recreation facilities and will cooperate with the State in every way possible to make beach accessways available and operational. IMPLEMENTATION AS OF 1994: The Town applied for and received State funds for accesses developed during the planning period. See page 1, GROUP B - ECONOMY, POLICY 2. POLICY 51 - The Town will work with Kill Devil Hills, Southern Shores, Dare County, and private organizations leading to funds for recreation facilities. IMPLEMENTATION AS OF 1994: The Town has not implemented this policy. 2 - 13 POLICY .52 - When necessary and appropriate, Currituck Sound and Kitty Hawk Bay should be dredged in limited areas in accordance with relevant State and Federal laws to permit access to those bodies of water from the shores, streams, and canals of the Town of Kitty Hawk. IMPLEMENTATION AS OF 1994: No dredging activity occurred during the planning period. ' POLICY 53 - Land is finite in Kitty Hawk. There will never be more than there is now. In fact, because of the constant change on barrier islands, there will probably be less. Public ' need for land will increase as the Town continues to grow. It is the policy of the Town to accept all feasible offers of donated land and to explore with due diligence all opportunities to buy land at "bargain sales" and to explore opportunities to obtain grants or gifts to be used ' to buy land.* IMPLEMENTATION AS OF 1994: ' The Town is acquiring Kitty Hawk Woods, a 464-acre natural area for $1,000.00. POLICY 54 - It is the policy of the Town to continue to furnish the best possible lice ' Po Y Po Po services and achieve the goal of national accreditation of the Department. ' IMPLEMENTATION AS OF 1994: The Town continues to fund the Kitty Hawk Police Department. However, the Department ' has not received national accreditation given that the Town's population is below that required for national accreditation. ' POLICY 55 - The Town, in cooperation with the volunteer fire department, will continue the ongoing effort to use volunteer firemen to ensure maximum fire protection. t IMPLEMENTATION AS OF 1994: The Town continues to rely on volunteers to provide firefighting services. POLICY 56 - The Town, in cooperation with Dare County, will maintain an up-to-date fire ' hydrant location map and ensure that all hydrants are visible, accessible, and in good operating condition. IMPLEMENTATION AS OF 1994: ' Dare County is responsible for maintaining both fire hydrants and maps of their locations. The Town does not maintain an up-to-date fire hydrant location map nor does it maintain any fire hydrants. 2 - 14 ' POLICY 57 - The Town will continue to require the installation of additional hydrants in new subdivisions and, as warranted, in the expansion of the county water system. ' ( IMPLEMENTATION AS OF 1994: This, or a similar policy, is discussed elsewhere in this document. See page 2, GROUP C - NATURAL ENVIRONMENT, POLICY 6 AND POLICY Z ' POLICY 58 - The Town will continue to seek the expertise of the police and fire department in the writing of ordinances and appropriate development matters.* IMPLEMENTATION AS OF 1994: ' The Town continues to utilize the expertise and to seek the input of police and fire personnel when developing applicable ordinances or with respect to specific development matters. POLICY 59 - The Town believes that the county's present public school system is adequate to serve Kitty Hawk's present needs and supports the continued study of the system to ensure that it does not fall behind.* ' IMPLEMENTATION AS OF 1994: E Dare County is responsible for maintaining and operating the public schools serving Kitty Hawk. The Town relies on Dare County in this regard. ( POLICY 60 - The Town will continue to allow a diversity of educational experience by permitting private schools which are able to satisfy restrictions imposed by the Zoning Ordinance. IMPLEMENTATION AS OF 1994: The Town enforces Chapter 20, Zoning, of the Kiev Hawk Town Code. POLICY 61 - The Town believes that decentralization of the County's library system is warranted and supports the concept of a library in the beach communities. IMPLEMENTATION AS OF 1994: During the planning period, a branch of the Dare County Library was opened in the Town of Kill Devil Hills. POLICY 62 - The Town encourages the installation of a "book drop" in Kitty Hawk.* IMPLEMENTATION AS OF 1994: The policy was not implemented as the opening of a branch of the Dare County Library in Kill Devil Hills negated the need for a book drop in Kitty Hawk. 2 - 15 1 POLICY 63 - The Town of Kitty Hawk supports and encourages the ongoing county -wide effort to provide additional 24-hour emergency medical services and a regional health care facility. IMPLEMENTATION AS OF 1994: During the planning period, the Regional Medical Center was opened in Kitty Hawk. POLICY 64 - The Town encourages mental and physical health care professionals to locate in the community. IMPLEMENTATION AS OF 1994: The Regional Medical Center is relied upon to encourage health care professionals to locate on the Outer Banks. The Town allows medical. professionals to locate in commercial zoning districts as a permitted use by right. POLICY 65 - The Town of Kitty. Hawk will continue to contract with Dare County for solid waste collection and disposal and to tax residents to cover door-to-door collection as long as this system provides efficient, economical service. IMPLEMENTATION AS OF 1994: The Town continues to contract with Dare County for solid waste collection and disposal services and taxes residents for door-to-door collection. POLICY 66 - The Town will pursue the adoption of policies and ordinances regarding cleaning up existing unauthorized dumpsand the removal of derelict automobiles and .other unsanitary, dangerous, and unsightly conditions. IMPLEMENTATION AS OF 1994: The Town enforces Chapter 17, Solid Waste, and Chapter 12, Nuisances (Abandoned and Junk Vehicles), of the Kitty Hawk Town Code. POLICY 67 - The Town will vigorously enforce its anti -dumping and anti -littering ordinance.* IMPLEMENTATION AS OF 1994: This, or a similar policy, is discussed elsewhere in this document. See page 12, GROUP D - COMMUNITY FACILITIES AND SERVICES, POLICY 47. 2 - 16 POLICY 68 - The Town will vigorously enforce the noise abatement ordinance.* IMPLEMENTATION AS OF 1994: The Town enforces Chapter 10, Miscellaneous (Noise Abatement), of the Kitty Hawk Town Shdf- POLICY 69 - The Town, with due regard for environmental considerations and in cooperation with County authorities, will encourage practical insect controls.* IMPLEMENTATION AS OF 1994: Dare County conducts routine spraying to control insects during periods of need. The Town relies on the County for this service. GROUP E -- MITIGATING THE IMPACTS OF COASTAL STORMS POLICY 70 - It has been shown that bulkheads, revetments, jetties, groins and other structures designed to stiffen the coast and impede the natural processes which are an integral part of the barrier island system tend to increase rather than impede beach erosion, leading to increased risk to property and lives and loss of the public beach, one of the Town's most valuable assets. It is, therefore, the policy of the Town to prohibit these devices. To do so the Town adopts as its policy the CAMA policies prohibiting these devices and will encourage strict adherence to this policy.* ' IMPLEMENTATION AS OF 1994: The Town supports and relies on the North Carolina Department of Environment, Health, and Natural Resources' Division of Coastal Management to enforce the requirements of the Coastal Area Management Act of 1974. POLICY 71 North Carolina Building Code and the National Flood Insurance Program require that a number of building practices be followed in the coastal area. It is the policy of the Town that these practices be followed and strictly adhered to.* IMPLEMENTATION AS OF 1994: The Town enforces the North Carolina Building Code and participates in the National Flood Insurance Program. The Town also enforces Chapter 8, Flood Damage Prevention, of the Kitty Hawk Town Code. POLICY 72 - The Town will take whatever steps are necessary to insure that the Town employees responsible for the enforcement of the Building Code and the Flood Ordinance are properly trained and that their work loads are manageable.* IMPLEMENTATION AS OF 1994: This policy was implemented by the Town on a -case by case basis. 2 - 17 POLICY 73 - The Town will join with other local governments to urge that the Building Code be professionally reviewed to insure that its provisions are adequate for a coastal setting. * IMPLEMENTATION AS OF 1994: The Town routinely cooperates with other local governments with respect to the Building Code. POLICY 74 - Whenever the Town undertakes to build a new public structure, it will insure that it is designed to withstand the impact of coastal storms.* IMPLEMENTATION AS OF 1994: The Town continues to enforce and comply with the North Carolina Building Code. During the planning period, the Municipal Building of the Town of Kitty Hawk was constructed by the Town. The building was designed to withstand the impact of coastal storms. POLICY 75 - The Town will explore the possibility of creating a mutual aid program to secure the services of extra building inspectors following a disaster. It will support any effort by the Coastal Resources Commission to accomplish and coordinate a similar effort.* IMPLEMENTATION AS OF 1994: This policy was implemented by the Town on a case by case basis. POLICY 76 - It is the policy of the Town to take whatever steps are necessary to insure that property owners continue to be eligible to obtain flood insurance from the National Flood Insurance Program. It is also the policy of the Town to vigorously enforce the provisions of the Flood Protection Ordinance.* IMPLEMENTATION AS OF 1994: This, or a similar policy, is discussed elsewhere in this document. See page 16, GROUP E - MITIGATING THE IMPACTS OF COASTAL STORMS, POLICY 71. POLICY 77 - Almost all construction in the Ocean Erodible AEC is precluded by the CAMA rules. The Town supports this policy, will continue to enforce it, and incorporates that policy by reference into this Plan.* IMPLEMENTATION AS OF 1994: This, or a similar policy, is discussed elsewhere in this document. See page 4, GROUP C - NATURAL ENVIRONMENT, POLICY 11. 2 - 18 ' - n f small the POLICY 78 The remainder of Hazard Zone One, with the exception o a s al area at northern most end of the zone, is designated for low density residential use by the Land Use Plan and the Town Zoning Ordinance. This is the present policy of the Town and the Town intends to maintain this policy in the future.* ' IMPLEMENTATION AS OF 1994: ' The Town enforces Chapter 20, Zoning, of the Kitty Hawk Town Code. During the planning period, a revised "Flood Insurance Study - Town of Kitty Hawk, North Carolina (Dare County), " dated April 2, 1993, was received. This study and supporting map exhibits are ' relied upon by the Town for guidance as it implements this policy. They will be discussed and incorporated in subsequent land use plan updates. POLICY 79 - It is recognized that some lots fronting on the ocean have or may become so shallow, because of erosion, that they cannot be built on. It is the policy of the Town to cooperate with the State and Federal governments, to the maximum extent possible, in the ' acquisition of these lots.* IMPLEMENTATION AS OF 1994: ' During the planning period, no lots fronting on the ocean were acquired by the Town. ' POLICY 80 - It is also the policy of the Town to encourage property owners whose structures are threatened by flooding to take advantage of the Federal Insurance Administration Program offering assistance in moving the structures out of danger. ' Wherever possible the vacated land should be acquired by the public through dedication or purchase. * IMPLEMENTATION AS OF 1994: The Town enforces Chapter 8, Flood Damage Prevention, of the Kitty Hawk Town Code and ' participates in the National Flood Insurance Program. POLICY 81 - Hazard Zone Four can, according to the SLOSH Study and the NFIP maps, expect serious flooding even in the case of a relatively minor hurricane. This area is also some of the most environmentally sensitive and aesthetically attractive land in Kitty Hawk. ' It is the Town policy that this area develop, if it develops at all, as low density residential and to this end the existing Zoning Ordinance, the Flood Protection Ordinance and the relevant CAMA rules will be strictly enforced.* ' IMPLEMENTATION AS OF 1994: ' The Town enforces Chapter 20, Zoning, and Chapter 8, Flood Damage Prevention, of the Kitty Hawk Town Code and supports and relies on the North Carolina Department of Environment, Health, and Natural Resources' Division Coastal Management to enforce the ' requirements of the Coastal Area Management Act of 1974. 2 - 19 IJ POLICY 82 - It is the policy of the Town of Kitty Hawk that any reconstruction that follows a disaster or storm related destruction shall take place in accordance with policy existing at ' the time of the storm. The development that takes place following a storm should have the same characteristics of development allowed at the time of the storm. To this end the Town will consider a moratorium on requests for amendments to the Zoning Ordinance or the , Subdivision Ordinance for an appropriate period following an officially declared disaster.* IMPLEMENTATION AS OF 1994: , The Town enforces Chapter 7, Environmental Control, of the Kitty Hawk Town Code and relies on Dare County's Emergency Plan for guidance before, during, and following disasters I or storms that result in property damage or destruction. POLICY 83 - The Town will explore the possibility of adopting a construction moratorium t which would be triggered by a disaster or major destruction caused by a coastal storm or other catastrophe.* ' IMPLEMENTATION AS OF 1994: The Town enforces Chapter 7, Environmental Control, of the Kitty Hawk Town Code. ' POLICY 84 - The non-confroming structure section of the Zoning Ordinance should be examined to see if it should be revised to follow this policy.* ' IMPLEMENTATION AS OF 1994: ' This policy has not been implemented by the Town. POLICY 85 - There is really very little that Kitty Hawk can do to alleviate the evacuation ' problem in terms of evacuation per se. It can, however, and will assist the County in whatever way it can to make the evacuation of the county as efficient as possible. The Town ' will also urge the County and the State to formulate an evacuation plan which recognizes the regional nature of the problem.* ' IMPLEMENTATION AS OF 1994: The Town relies on the evacuation plans promulgated by Dare County and enforces Chapter I 6, Emergency Preparedness, Civil Emergencies, Etc., of the K� Hawk Town Code. 2-20 'POLICY 86 - Two of the more significant bottlenecks in the evacuation network occur on ' U.S. 158 on the northern border of Kitty Hawk; one at the bridge and the other at the intersection with Duck Road (S.R. 1203). If indeed bottlenecks do occur at these points, there may be a number of people seeking shelter from the storm. Kitty Hawk Elementary ' School could possibly function as a shelter but more space may be needed. The Town will urge the County to anticipate this need and deal with it.* ' IMPLEMENTATION AS OF 1994: See previous policy (POLICY 85) and discussion. The American Red Cross will not certify ' any building in Dare County as an emergency shelter for evacuees. The closest American Red Cross certified shelter is in TOWN STAFF TO RESEARCH AND ADVISE. ' POLICY 87 - Probably the most significant thing that can be done to alleviate the evacuation problem is to reduce the number of people who need to be evacuated. In this respect, Kitty Hawk has clearly taken the lead on the Outer Banks by reducing the allowed density of development. Clearly the evacuation problem is going to get worse but at least the restraint shown by Kitty Hawk will keep the surrounding towns' contribution to that problem of manageable size. The Town will continue its existing low density development policy. IMPLEMENTATION AS OF 1994: 0 1 n The Town enforces Chapter 20, Zoning, of the Kitty Hawk Town Code. POLICY 88 - The Town will encourage the County to designate more shelters in or near Kitty Hawk.* IMPLEMENTATION AS OF 1994: See previous policies (POLICY 85 and POLICY 86) and discussions. POLICY 89 - Any buildings that the Town undertakes to build will be located and designed to provide evacuation shelter from coastal storms.* IMPLEMENTATION AS OF 1994: See previous policies (POLICY 85 and POLICY 86) and discussions. POLICY 90 - The Town will encourage developers of multi -family projects and hotels to provide evacuation shelters for the residents, employees and occupants of their facilities.* IMPLEMENTATION AS OF 1994: See previous policies (POLICY 85 and POLICY 86) and discussions. 2 - 21 POLICY 91 - The Town will actively encourage and participate in multi jurisdictional programs to inform the public on how to effectively deal with and be a part of Dare County's Evacuation Plan. IMPLEMENTATION AS OF 1994: The Town participates in emergency preparedness exercises when conducted. POLICY 92 - Septic tanks and package treatment plants are within the jurisdiction of the County Health Department and in some cases the State of North Carolina. They are of concern to the Town; however, the Town will urge that these facilities be designed and located so that they will be less likely to be damaged to cause damage or serious inconvenience by flooding.* IMPLEMENTATION AS OF 1994: This, or a similar policy, is discussed elsewhere in this document. See page 4, GROUP C - NATURAL ENVIRONMENT, POLICY 11. POLICY 93 - Wells and the water distribution system within Kitty Hawk are also within the jurisdiction of the County and are of great concern to the Town. The Town will urge the County to design the distribution system so that it is less vulnerable to flooding and erosion and also to develop contingency plans for relocating the water main in Virginia Dare Trail right-of-way if erosion makes it necessary to do so. It will urge the County to play a more active role in the design and location of private wells.* IMPLEMENTATION AS OF 1994: This, or a similar policy, is discussed elsewhere in this document. See page 7, GROUP D - COMMUNITY FACILITIES AND SERVICES, POLICY 26. POLICY 94 - Most of the roads in Kitty Hawk are a part of the State road system but like all infrastructure are of vital concern to the Town. Within the context of coastal storm hazard mitigation there are three concerns: the proper layout of roads to facilitate evacuation; the design of the roads so that they are free from ponding and flooding; and the proper design of drains, culverts and bridges so that roadways do not become dams or dikes and the cause of flooding. To this end, the Town will urge the North Carolina Department of Transportation to incorporate these concerns into their designs as well as the concerns about the design of Kitty Hawk roads and streets elsewhere in this plan.* IMPLEMENTATION AS OF 1994: This, or a similar policy, is discussed elsewhere in this document. See page 8, GROUP D - COMMUNITY FACILITIES AND SERVICES, POLICY 29. 2-22 H F-1 11 POLICY 95 - Recognizing that there is a strong possibility that portions of the Beach Road may be destroyed by erosion, and that another north -south road in Kitty Hawk Beach is necessary in any case, the Town will take whatever steps are necessary and appropriate to make Lindbergh Avenue a viable north -south thoroughfare which could serve as a replacement for the Beach Road if necessary. In order to insure that this remains a viable option, the necessary right-of-way will be acquired as soon as possible. IMPLEMENTATION AS OF 1994: This, or a similar policy, is discussed elsewhere in this document. See page 8, GROUP D - COMMUNITY FACILITIES AND SERVICES, POLICY 29. POLICY 96 - It is the policy, to the extent possible, to prevent the reconstruction of structures which have been substantially damaged and are located in high hazard areas. Where reconstruction of such sites is allowed to take place it will be so only at low densities. * IMPLEMENTATION AS OF 1994: The Town enforces Chapter 20, Zoning, and Chapter 7, Environmental Control, of the KLta Hawk Town Code. Any reconstruction must also meet the requirements set forth by the Coastal Area Management Act of 1974. POLICY 97 = During reconstruction, the Town will limit the construction of public facilities and public structures and the reconstruction of damaged facilities and structures in high hazard areas. Public facilities such as water and roads will be extended or rebuilt in damaged areas only when absolutely essential, and only to such size and degree necessary to serve the level of density existing before the storm.* IMPLEMENTATION AS OF 1994: This, or a similar policy, is discussed elsewhere in this document See above, GROUP E - MITIGATING THE IMPACTS OF COASTAL STORMS, POLICY 96 POLICY 98 - During reconstruction the Town will seek to relocate high density structures away from high storm hazard areas.* IMPLEMENTATION AS OF 1994: This, or a similar policy, is discussed elsewhere in this document See above, GROUP E - MITIGATING THE IMPACTS OF COASTAL STORMS, POLICY 96. 2-23 F� POLICY 99 - All reconstruction will conform to the provisions of the North Carolina Building Code with particular emphasis on strengthening and elevation provisions.* IMPLEMENTATION AS OF 1994: This, or a similar policy, is discussed elsewhere in this document See page 22, GROUP E - MITIGATING THE IMPACTS OF COASTAL STORMS, POLICY 96. In addition, the Town enforces the requirements of the North Carolina Building Code and supports Federal Emergency Management Regulations regarding elevations. POLICY 100 - The Town will comply with and enforce all CAMA requirements.* IMPLEMENTATION AS OF 1994: This, or a similar policy, is discussed elsewhere in this document. See page 18, GROUP E - MITIGATING THE IMPACTS OF COASTAL STORMS, POLICY 81. POLICY 101 - The Town will take advantage of opportunities which may arise to obtain land in hazard areas following a storm utilizing any State or Federal applicable laws and funds. * IMPLEMENTATION AS OF 1994: The Town has not implemented this policy. POLICY 102 - During reconstruction decision making, the Town will seek to encourage redevelopment patterns which recognize and utilize the natural mitigation features of coastal environment. Redevelopment should take into consideration any changes in natural conditions brought about by the storm (e.g., new inlets, changes in drainage, elevation, etc.)* IMPLEMENTATION AS OF 1994: The Town enforces Chapter 20, Zoning, and Chapter 7, Environmental Control, of the Me Hawk Town Code. POLICY 103 - The Town will make every effort to develop its capacity to identify and orchestrate various post -storm reconstruction resources, while at the same time ensuring maximum local control over the reconstruction process. It will be aggressive in its pursuit of funds for projects which will primarily effect the Town and will coordinate its efforts with those of the County and other beach communities on projects that require joint funding or management. * IMPLEMENTATION AS OF 1994: The Town has not implemented this policy. 2-24 POLICY 104 - The Town will integrate recovery and reconstruction with the broader set of planning goals and objectives for the community.* IMPLEMENTATION AS OF 1994: The Town routinely consults the Land Use Plan Kitty Hawk, North Carolina 1989 for guidance concerning development requests and would continue this practice to integrate recovery and reconstruction activities following a storm event. POLICY 105 - The Town will examine the non-confromity section of the zoning ordinance to determine if changes are required.* IMPLEMENTATION AS OF 1994: The Town enforces and amends as necessary, Chapter 20, Zoning, of the Kitty Hawk Town Code. POLICY 106 - It is the policy of the Town to prohibit bulkheads, revetments, jetties, groins, and other structures designed to stiffen the coast and impede the natural processes which are an integral part of the barrier island system and tend to increase rather than impede beach erosion. The Town'adopts the CAMA policies, standards and rules as of January 1, 1989 and will enforce them. IMPLEMENTATION AS OF 1994: This, or a similar policy, is discussed elsewhere in this document. See page S, GROUP C - NATURAL ENVIRONMENT, POLICY I Z POLICY 107 - It is the policy of the Town to endorse the building practices of North Carolina Building Code and National Flood Insurance Program to establish practices and standards to construct structures to withstand the many perils of the natural environment including wind, flooding, soil erosion, erosion of.building materials caused by salt air, battering from waves and debris laden flood waters, etc. IMPLEMENTATION AS OF 1994: This, or a similar policy, is discussed elsewhere in this document. See page 16, GROUP E - MITIGATING THE IMPACTS OF COASTAL STORMS, POLICY 71. ' POLICY 108 - It is the policy of the Town to take whatever steps are necessary to insure that property owners continue to be eligible to obtain flood insurance from the National Flood Insurance Program. ' IMPLEMENTATION AS OF 1994: ' This, or a similar policy, is discussed elsewhere in this document. See page S, GROUP C - NATURAL ENVIRONMENT, POLICY 18. 2-25 POLICY 109 - It is the policy of the Town to mitigate the impact of coastal storms while recognizing the legal or practical perspective to preclude development in all hazardous areas. * IMPLEMENTATION AS OF 1994: The Town enforces Chapter 20, Zoning, of the Kitty Hawk Town Code. POLICY 110 - It is the policy of the Town to continue its low density development plan that reduces the number of people that need to be evacuated to actively participate in multi - jurisdictional programs to inform the public on how to be effective in the Dare County evacuation plan; to seek additional bridges and evacuation centers.* IMPLEMENTATION AS OF 1994: The Town enforces Chapter 20, Zoning, of the Kitty Hawk Town Code. Also see previous policies (POLICY 85, POLICY 86, AND POLICY 91) and discussions concerning evacuation planning. POLICY 111 - Land Classification System IMPLEMENTATION AS OF 1994: No policy, with respect to "Land Classification System, " was identified on pages 59 or 81 of the Land Use Plan Kitty Hawk, North Carolina 1989. GROUP F - LAND USE POLICY AND REGULATIONS POLICY 112 -- Kitty Hawk is a modest, tasteful, aesthetically pleasing, low -density, residential community and, therefore, does not wish to promote agriculture, forestry, mining, industry, energy facilities, or offshore drilling support services. IMPLEMENTATION AS OF 1994: The Town enforces Chapter 20, Zoning, of the Kitty Hawk Town Code. POLICY 113 - The Town will work with Dare County, Kill Devil Hills, and Southern Shores to ensure that zoning and development adjoining its boundaries are compatible with adjacent land uses existing and planned in Kitty Hawk. The Town will maintain a mix of low -density and medium -density residential uses limiting all residential uses to not more than four units per acre. IMPLEMENTATION AS OF 1994: The Town has not implemented this policy. 77 F_ L 2-26 ' POLICY 114 - The Town will study its commercial districts, as currently constituted, to determine if they are adequate to meet the community's needs. ' IMPLEMENTATION AS OF 1994: The Town has not implemented this policy. POLICY 115 - The Town will thoroughly review areas which constitute high safety hazards ' along U.S. 158 and N.C. 12 before more development is allowed to occur there and limit access and egress which adversely impact on public safety or welfare. ' IMPLEMENTATION AS OF 1994: ' On a case by case basis, as site plans for developments are filed, the Town reviews same with respect to the potential impacts on public safety and welfare that might result from such developments. POLICY 116 - The Town has created a zoning district in which shopping malls are allowed. It has decided to establish standards for development which will make a mall compatible with ' the character of the Town.* IMPLEMENTATION AS OF 1994: ' The Town enforces Chapter 20, Zoning, of the Kitty Hawk Town Code. POLICY 117 - The Town will review the existing commercial zones and revise the zoning designation if significant portions of them are developed as residential. ' IMPLEMENTATION AS OF 1994: The Town enforces and amends as necessary, Chapter 20, Zoning, of the Kiev Hawk Town ' Code. POLICY 118 - The Town will consider amending the zoning ordinance to prevent residential ' development in existing commercial districts except on the second floor. IMPLEMENTATION AS OF 1994: ' The Town has not implemented this policy. P P �' ' POLICY 119 - Owners of residential property are entitled to buffers from the sights and sounds of commercial facilities. The Town will give highest consideration to such buffers to protect the community's residential character. IMPLEMENTATION AS OF 1994: ' The Town enforces Chapter 20, Zoning, of the Kitty Hawk Town Code. 2-27 POLICY 120 - The Town does not desire structures in excess of 35 feet and will not encourage high-rise development. The Town's current height standards comply with the community's desires and are consistent with the current scale of development and with the capacity of the fire department. IMPLEMENTATION AS OF 1994: The Town enforces Chapter 20, Zoning, of the Kitty Hawk Town Code. POLICY 121 - Utility, telephone, cable television, and other transmission lines should be placed underground. Whenever and wherever feasible to do so, they should be placed within the right-of-way. IMPLEMENTATION AS OF 1994: The Town enforces Chapter 20, Zoning, of the Kitty Hawk Town Code. POLICY 122 - The Town's zoning ordinance, subdivision ordinance, and other development and redevelopment policies should address aesthetic concerns and will promote development and redevelopment that is at a scale and uses materials appropriate to its physical surroundings. IMPLEMENTATION AS OF 1994: The Town enforces Chapter 20, Zoning, of the Kitty Hawk Town Code. POLICY 123 - The natural environment is discussed earlier in this Plan as are the Areas of Environmental Concern (AECs) defined and protected under the authority of the Coastal Area Management Act. The rules implementing the AECs in force at the time of the adoption of this Plan are incorporated by reference and made a part of this Plan. It is the policy of the Town that these rules as well as all other laws, regulations and rules, local, State and Federal, affecting the development of Kitty Hawk be fairly and equitably enforced.* IMPLEMENTATION AS OF 1994: This, or a similar policy, is discussed elsewhere in this document. See page 4, GROUP C - NATURAL ENVIRONMENT, POLICY 11. POLICY 124 - Marinas serving recreational boaters and the small scale traditional fishermen found in Kitty Hawk are encouraged; however, any such marinas must be designed and located to protect the natural and aesthetic environment.* IMPLEMENTATION AS OF 1994: The Town enforces Chapter 20, Zoning, of the Kitty Hawk Town Code. I� J 2-28 ' POLICY 125 - The Town does not favor floating homes and/or commercial buildings in the sound or Kitty Hawk Bay. The Town will ascertain the extent of its jurisdiction to deal with these and take appropriate action.* IMPLEMENTATION AS OF 1994: The Town Attorney opined that the Town does not have zoning jurisdiction within Kitty Hawk Bay. ' POLICY 126 - Entrances to Kitty Hawk should be studied and plans for their appearance formulated. The Town should obtain the cooperation of Southern Shores so that visitors to the Outer Banks are greeted with a pleasing setting rather than a harsh materialistic cacophony of colors and symbols.* ' IMPLEMENTATION AS OF 1994: ' This, or a similar policy, is discussed elsewhere in this document. See page 2, GROUP B - ECONOMY, POLICY 4. ' POLICY 127 - One of the serious problems confronting many beach communities is that even though most are relatively small it is dangerous, unpleasant and, in many cases, virtually impossible, to walk anywhere, including in the case of the by-pass, even across the ' street. A number of policies appear in this Plan that speak to this issue but a major one is land use.* ' A. The Town encourages development that encourages pedestrian movement such as residential and motel developments providing walkways to the beach and to commercial areas. ' B. The Town will explore with N.C.D.O.T. the possibility of pedestrian cross walks making it possible to cross the by-pass. C. The Town will explore means of building and financing the construction of a bike and/or walking trail system throughout the Town. ' D. Cluster development with commercial uses on the first floor and residential uses on the second, especially in the beach area, will be encouraged. IMPLEMENTATION AS OF 1994: ' Items A, B, and C are being considered as the Town and North Carolina Department of Transportation officials develop the Thoroughfare Plan. Item D is implemented as the Town enforces Chapter 20, Zoning, of the Kitty Hawk Town Code. 77 L 2-29 POLICY 128 - There appear to be several oceanfront lots owned by the State of North Carolina. The Town will investigate these to see if they can be added to the beach access inventory. * IMPLEMENTATION AS OF 1994: The Town has taken no official action with regard to investigating or acquiring the several oceanfront lots owned by the State of North Carolina. However, during the planning period, five beach accesses and one sound access were developed. POLICY 129 - The Town opposes any development, public or private, in or on the ocean that may pose a threat to the integrity of the natural environment in or adjacent to Kitty Hawk.* IMPLEMENTATION AS OF 1994: The Town enforces Chapter 20, Zoning, of the Kitty Hawk Town Code. It also supports. and relies on the North Carolina Department of Environment, Health, and Natural Resources' Division of Coastal Management to enforce the requirements of the Coastal Area Management Act of 1974. POLICY 130 - The Town of Kitty Hawk is located on a very fragile barrier island which is subject to the ever changing whims of the environment. The beaches come and go with the season, the weather and the level of the ocean. The Town will not engage in a beach nourishment program within the foreseeable future. If, however, a beach nourishment program is undertaken by the Town or others, full public use of the existing and nourished portion of the beach must be assured. IMPLEMENTATION AS OF 1994: The Town has not undertaken a beach nourishment program in the past. However, in 1993, the Town endorsed the concept of a beach nourishment feasibility study to be prepared by the United States Army Corps of Engineers. GROUP G - IMPLEMENTATION POLICY 131 - If one of the powers of government is to be used in a way that will affect the characteristics of development in Kitty Hawk, the Land Use Plan should guide the direction of that change.* IMPLEMENTATION AS OF 1994: The Town routinely consults the Land Use Plan Kitty Hawk, North Carolina 1989 for guidance concerning development requests. 1 r L 2-30 k LIB 1 POLICY 132 - The Town of Kitty Hawk is committed to putting this new plan into practical effect by using it constantly and consistently to guide development decisions. * IMPLEMENTATION AS OF 1994, This, or a similar policy, is discussed elsewhere in this document. See page 8, GROUP G - IMPLEMENTATION, POLICY 31. POLICY 133 - The Town will designate its professional planner as the official charged with overall development program responsibilities. The Planning Board will have primary responsibility of making recommendations to Council of methods by which policies may be implemented. * IMPLEMENTATION AS OF 1994: The Town employs a professional planner and maintains an appointed Planning Board with duties and responsibilities as provided for by North Carolina General Statutes and the &Ltty Hawk Town Code. POLICY 134 - The Planner and Planning Board will formulate semi-annual work programs which target specific objectives and will devise appropriate means for achieving implementation of those objectives. The method of establishing program priorities will be based on an assessment of planning needs and growth management requirements. The work program will be realistic in terms of staff, time, and budget.* IMPLEMENTATION AS OF 1994: The Town Planner and Planning Board formulate work plans routinely. *Denotes new policy in 1989 Land Use Plan; all others derive from the 1983 Land Use Plan. 2 - 31 TOWN OF KITTY HAWK, NORTH CAROLINA 1994 Town of Kitty Hawk, North Carolina Land Use Plan Update APPENDIX 3 • CITIZEN PARTICIPATION PLAN FOR TOWN OF KITTY HAWK LAND USE PLAN UPDATE 1993194 • KITTY HAWK LAND USE PLAN UPDATE QUESTIONS/COMMENTS FORM SOURCE: Town of Kitty Hawk, North Carolina 3-1 Citizens Participation Plan for Town of Kitty Hawk Land Use Update 1993/94 I. Designated Local Board The Planning Board, the Town Planner and the consultant are designated to provide the information to the general public on the process of undating the Land Use Plan, the meetings scheduled, the agendas, etc. IL Schedule of Public Meetings The Planning Board will formally begin their public meetings on the Land Use Plan update on October 21, 1993. Then the schedule will be as follows: October 21, 1993 - Kick off meeting * discussion of current plan policies * discussion of citizen participation plan November 4, 1993 - * continue discussion of current plan policies December 16,1993 - * Steve Gabriel - CAMA planner - discussion of CAMA Land Use Update process. January 20, 1994 - February 17,1994 March 17, 1994 April 14, 1994 May 19,1994 June 16, 1994 July 21, 1994 August 18,1994 September 15, 1994 October 3, 1994 Council Public Hearing - (tenative) III. Notifications Proposed The public will be notified by: *legal ads for the kick off meeting & concluding public hearing. * news releases in the local paper. * noticies posted at the Town Hall. [ k V W91,1MT: 1 URIn _ &L The planning staff will meet with various community groups throughout the course of the year. A meeting with the Kitty Hawk Citizens Associate is scheduled for the month of January. Each public meeting will include a questionaire form with some questions,but also blank space for general comments - open ended comments. Topical meetings will be arranged, then news releases will be prepared. Questionaire will be available at each of the issue/topical meetings so that citizens and participants can provide comments. Guest speakers from other agencies will be asked to address the Planning Board on specific areas: such as environmental issues, economic develop issues, transportation issues, etc. 3-2 ' Kitty Hawk Land Use Plan Update Questions/Comments 1 1. Are you a resident property owner ? YES NO Janauaiy 2C 1"4 2. Are you retired ? YES NO gfttT Hawk Ofizens Meeting 3. Do you own/operate a business in Kitty Hawk ? YES NO 4. Do you work in Kitty Hawk ? YES NO If "no" what jurisdiction do you work in 5. Do you work in a tourist related job ? YES NO 6. Please indicate your age group (under 19) (20-29) (30-39) (40-49) (50-59) (60-64) (65+) 7. Are you a non-resident property owner? YES NO 8. Do you plan to become a resident ? YES NO 9. Where is your permanent residence? (other NC city) (Virginia) (No.Va, D.C. Maryland) (Delaware, Pennsylvania,New Jersey, New York) (other ) Land Use Plan Policies Discussion 3-3 TOPREPARATIONIHE OF THIS MAP WAS FINANCED INPART THROUGH A GRANT PROVIDED BY THE NORTH CAROLNA COASTAL MANAGEMENT PROGRAM, THROUGH FUNDS PROVIDED BY THE COASTAL ZONE MANAGEMENT ACT OF 1972. AS AMENDED. OWN IS ADMINISTERED BY THE OFFICE OF OWmW AND COASTAL RESOURCE MANAGEMENT. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. KITTY HAWK DARE COUNTY, NORTH CAROLINA GRAPHIC SCALE 1000 0 1000 2000 1 IN. = 1000 FT. SCALE IN FEET "' ' Kitt Hawk Pier y / - U S 158 ° Vol °71717�' Burgeon Avenu% / Ct. a. \ Avenue Gre Redfern Avenue " `\9�'gTid9e oa0000go�n"" 4- Sour d'" Landing :: I i 1 A----------- EXISTING LAND USE MAP LEGEND: RESIDENTIAL - SINGLE FAMILY DETACHED ® RESIDENTIAL - DUPLEXES EZI RESIDENTIAL - MULTI -FAMILY COMMERCIAL PUBLIC / SEMI-PUBLIC 0 TRAILER PARK 0 CHURCH / CEMETERY y CONSERVATION 0 UNDEVELOPED / VACANT � •••�•�i�i�i �i4,7�y•,rR/JN 11�ay •" • �����i���������t.`��\1 , r . A me High i - Ridge Point n Rush Hog , Island A \ Point - \ Goosing _ Point J aeo/ Stone Island`. Hog Island r Point �Pollh Credo Long Point f.v 11 , X J nLF 9.1a\KTY-MU 3/28/95 1-1000 .tEw 1L.T KC VALLIAM C. OVERMAN ASSOCIATES, P.C. Engineers • Planners 380 Cleveland Place • Virginia Beach, Va. 23462 TOWNOF THE PREPARADON OF THIS MAP WAS FINANCED IN PART TROUGH A GRANT PROVIDED BY THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. THROUGH FUNDS PROVIDED BY THE COASTAL ZONE MANAGEMENT ACT OF 197Z AS AMENDED, WHICH IS ADMINISTERED BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. W07E: REPRESENTATION OF WETLANDS AND A.E.C.'S BASED ON AERIAL KITTY HAWK PHOTOGRAPHIC INTERPRETATION AND NOT ON ACTUAL GROUND SURVEY. CASE BY CASE. FIELD REVIEW NECESSARY FOR DETERMINATION OF ACTUAL WETLANDS AND WETLAND BOUNDARIES. DARE COUNTY NORTH CAROLINA GRAPHIC SCALE 1000 0 1000 2000 1 IN. = 1000 FT. SCALE IN FEET Kitty Hawk MAP 2 AREAS OF ENVIRONMENTAL CONCERN Pier AND FRAGILE AREAS LEGEND: OCEAN HAZARD A.E.C. � ESTUARINE SYSTEMS A.E.C. AND WETLANDS ► -� y� �S' �� '` e Burgeon ` Avenue Chinquapin / Ct. Ava1u/ >��\V Gr�ens tRedifern Y Avenue r� Qr x a� i LZ -v \ 'F p I k —, _ YJyLSJ — — — — — — — — — — — V / — — — — — — — — — — — — \ —'— — — — — — — — — — — �o \ \\9 \ Y' lop 06 ' i'w�♦ im '± ��♦ ►♦ 0. Sound r � :� i+may♦' ►►� i�' °�` Landing r �♦ ♦ ♦�♦♦� <��� ♦A ` i�♦♦i ,:� ♦♦ �► ' , i�a ♦♦i�� °' � i♦♦ ♦ ♦e , ma's=. � OR �♦��►� ►p, i��♦�i !►♦0 ��i♦i �t � `c `'ate♦ '•�� � � '� ' � I .'•`�ti ♦♦♦f / � � rr a��, >e��♦� �. ��j,► �t �r �iy � ♦''�'' ®���'r ♦ �'"' .. .tom ,.���.�♦`i ®� �� � ♦ g;*►' � ,�I�15 ate•, IVA ►♦ ti♦ 0: 'Sw" aeo Hog Island Hay Point SK. nIL "1A\KTY-AEC 1\27\45 t�t0pp NEW.'- WG - VALUAM C. OVERMAN ASSOCIATES, P.C. Engineers • Planners 380 Cleveland Place • Virginia Beach, Va. 23462 TOWNOF THE PREPARATION OF THIS MAP WAS FINANCED M PART THROUGH A GRANT PROVIDED BY THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM, THROUGH FUNDS PRONGED BY THE COASTAL ZONE MANAGEMENT ACT OF 197Z AS AMENDED, 04M IS ADMINISTERED BY 1HE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. WaL HAZARD AREA ZONES ARE SHOMM AS APPROXIMATIONS Q= KITTY HAWK EACH CLASSIFICATION IS GENERAL, NOT SITE SPECIFIC. THE TOM OF KILL DEVIL HILLS ASSUMES NO RESPONSIBILITY OR LIABILITY FOR DESCREPANCIES IN THE RISK AREAS APPROXIMATED ON PIS MAP AS COMPARED TO THE RESULTS OF AN ACTUAL DARE COUNTY, NORTH CAROLINA STTXtMr'"T. 1000 1 IN. = 1000 FT. Q Burgeou Avenue Chinquapin -1 ./f? W69hIaCid9e r X_: 4- \ LL 20 1 �' ' _ _ _ _ ------------ — — — — - — — — — — — — — — — — — ----i_ r------------ -°_'------------ \ a 6. Ix­ —, 40 �\ V w 11� Austin s ���\ \\ A���' ' Cemeter Street \ J \ 1 \ Sound Landing e lone !Ta►icl I Kitty Haw ;Landing Ir I Shellbank Point a High dge Point J L , / Rush / / 1 Hog �9 Island Paint J \ I 1 Goosing � '^• �. Point —` Stone IslandHog Island r ( Point t % tip Long\ _. l Point GRAPHIC SCALE 0 1000 SCALE IN FEET 2000 MAP 3 COMPOSITE HAZARDS LEGEND: HAZARD AREA ONE HAZARD AREA TWO HAZARD AREA THREE HAZARD AREA FOUR MAP WILLIAM C. OVERMAN. ASSOCIATES, P.C. Engineers • Planners 380 Cleveland Place • Virginia Beach, Va. 23462 me,xu�,crr-a� ,11TR5 i-+ooa NCW. ROT YLC TOWN OF KITTY HAWK DARE COUNTY, NORTH CAROLINA GRAPHIC SCALE 1000 0 1000 2000 1 IN. = 1000 FT. SCALE IN FEET w69"` 6 7HE PREPARATION OF THIS AMP WAS FINANCED IN PART W=GH A GRANT PROVIDED BY THE NORTH CAROLINA COASTAL MANAGEMENT PROORAM, THROUGH FUNDS PROVIDED BY 1HE COASTAL ZONE MANAGEMENT ACT OF 197Z AS AMENDED, IMNCH IS ADMNNISIERED BY 1!E OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. MAP 4 LAND CLASSIFICATI ON SYSTEM G0VALUAM C. OVERMAN ASSOCIATES. P.C. Engineers • Planners „>a — 380 Cleveland Place WOW Beach, Va. 23462 FU 94t4\Ktt1C 1/27/65 4-1DW - - NCM SLOT KG