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Land Use Plan-1980
a � lease do not remove! ff s 1 Division of Coastal Management TOWN OF UUFF BEACH 1980 LAND tJSE ELAN JOHN J HOOTON AND ASSOCIATES WILMINGTON, NC TO'-!N OF KU RE BEACH COASTAL AREA MANAGEMENT ACT LAND USE PLAN THE KURE BEACH TOWN COUNCIL OCTOBER 28, 1980 APPROVED BY THE NORTH CAROLINA RESOURCES COMMISSION MARCH 13,1981 . 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 Coastal. Zone Management, National • Oceanic and Atmospheric Administration. TABLE OF CONTENTS 1.0 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . 1 1.1 HISTORY OF COASTAL PLANNING . . . . . . . . . . . . . 1 1.2 LEGISLATIVE INITIATIVES: FEDERAL . . . . . . . . . . 1 1.3 LEGISLATIVE INITIATIVES: NORTH CAROLINA. . . . . . . 2 1.4 PROGRAM ADMINISTRATION: 1974 TO DATE . . . . . . . . 4 1.5 LAND USE PLANNING GUIDELINES. . . . . . . . . . . . 4 1.6 PURPOSES OF LAND USE PLAN . . . . . . . . . . . . . . 5 1.7 PLAN ORGANIZATION . . . . . . . . . . . . . . . . . 5 2.0 DATA COLLECTION AND ANALYSIS . . . . . . . . . . . . . . . 6 2.1 PRESENT CONDITIONS . . . . . . . . . . . . . . . . . . 6 2.1.1 POPULATION AND ECONOMY . . . . . . . . . . . . 7 2.1.2 EXISTING LAND USE. . . . . . . . . . . 9 2.1.3 CURRENT PLANS, POLICIES, AND REGULATIONS . . . 10 2.2 CONSTRAINTS TO DEVELOPMENT: LAND SUITABILITY . . . . 12 2.2.1 PHYSICAL LIMITATIONS: HAZARD AREAS, SOILS, WATER SUPPLY . . . . . . . . . . . . . . . . 12 2.2.2 FRAGILE AREAS . . . . . . . . . . . . . . . . . 14 2.3 CONSTRAINTS TO DEVELOPMENT: CAPACITY OF COMMUNITY FACILITIES . . . . . . . . . . . . . . . . . . . . . . 14 2.3.1 WATER AND SEWER - SERVICE AND FACILITIES . 14 2.3.2 ROADS . . . . . . . . . . . . . . . . . . . . . 15 2. 3. 3 SCHOOLS. . . . . . . . . . . . . . . . . . . . 15 2.3.4 ESTIMATED DEMAND . . . . . . . . . . . . . . . 15 3.0 POLICIES . . . . . . . . . . . . . . . . . . . . . . . . . 18 3.1 PUBLIC PARTICIPATION POLICIES . . . . . . . . . . 19 3.2 NATURAL RESOURCE POLICIES . . . . . . . . . 22 3.3 DEVELOPMENT POLICIES . . . . . . . . . . . . . . . . . 26 4.0 LAND CLASSIFICATION MAP. . . . . . . . . . 4.1 PURPOSE . . . . . . . . . . . . . . 4.2 LAND CLASSES . . . . . . . . . . . . . TECHNICAL APPENDICES . . . . . . . 29 . 29 . . . . . . . . 29 PREFACE The North Carolina coast has a rich and varied history shaped largely by unpredictable natural and man-made influences.. In 1974' a new chapter was started that would provide a guide for negotiating an equitable settlement between natural and economic values repre- sented in the coast. This guide is the North Carolina Coastal Man- agement Act of 1974. Consistent with the state's standard of demo- cratic pratice that local units of government have the right and responsibility to participate in decision making that may have state- wide significance, although local in origin, the Act grafted state, local, and county governments onto a land;use planning process. Naively assumed by some as an instrument of revenge for past land use misfeasance, by others as the holy grail of ecological purity, and by still others as the end of common sense and property values, the Act has taken none of these directions. After an administrative beginning that may be most politely described as confusing, the Act has gradually absorbed other coastal and environmental programs and delivered some of its own. The content and execution of the entire coastal program centers on the local land use plan - the legal and political cord that ties State and local governments. These plans provide local governments with the opportunity to establish points of compromise between broad community needs and protection for sen- sitive areas with Statewide significance. Because of the early lack of consensus as to the purpose and direction of the Act few compro- mises were reached during the 1975 draft of the plans. The present update of the Kure Beach Land Use Plan is in reality a first attempt at providing a serious discussion for mutual compromise. One of the several purposes of this plan is to determine if State administrators and officials are simply posturing in the name of participation, or if in fact a productive dialogue can be established. This plan is not the result of any one individuals effort. It is an expression of the thoughts and emotions of Town citizens and officials.about rights and resources equally sensitive to influences, political or.natural, largely beyond their control. Grateful appre- ciation is extended to all those who participated - citizens, Coun- cil, and Planning Board members, faculty at the University of North Carolina at Wilmington, N. C. Coastal Management staff, N. C. Cul- tural Resources staff, the Army Corps of Engineers, and members and officials from other local units of government. 1,0 INTRODUCTION 1.1 HISTORY OF COASTAL PLANNING North Carolina's coast has historically been related to the growth and development of all of eastern North Carolina and the entire state. The first European settlement in North Carolina was located on one of North Carolina's coastal islands, and from the colonial and revolutionary periods on the coastal sounds and rivers have served as ports of entry and major routes of commerce. As transportation routes moved inland population and economic centers did also and the coastal region did not experience the same degree of growth as other areas of the state. However, in more recent years increases in tourism, second home development and industrial locations have created a new growth trend in North Carolina as well as other coastal states. Recent census data indicates that more than half of the nations population is within 50 miles of the beach. This trend led both State and Federal governments to the conclusion that if the vast natural and economic resources represented in the coast were to be managed wisely new institutional frameworks were needed. This realization led directly to the development of a new area of public policy and concern known generally as coastal plan- ning. Coastal planning and its programs are most visibly and con- cretely articulated at the Federal level by the Coastal Zone Manage- ment Act of 1972, and at the State level by the Coastal Area Manage- ment Act of 1974. 1.2 LEGISLATIVE INITIATIVES: FEDERAL The Federal effort to promote coastal planning began with the passage of the Coastal Zone Management Act of 1972 (Public Law 92- 583). Its major objective is to encourage coastal states to develop n a management program to guide the public and private use of lands and waters in the coastal zone. State programs are to be carried out in two phases - one, development of the management program, and. two, actual management of the program in the sense of administrative and regulatory procedures. North Carolina's coastal proram is now 1 in phase two. The Federal Act is administered by the U. S. Depart- ment of Commerce which is authorized to make grants to coastal states for development and administration of their program. 1.3 LEGISLATIVE INITIATIVES: NORTH CAROLINA The origins of -the North Carolina Coastal Area Management Act (CAMA) began in the 1969 General Assembly. After enacting the dredge and fill law (now absorbed into CAMA), the General Assembly directed that a study be made with a view to the preparation of a plan for the development and conservation of the states coastal re- sources. At least 4 drafts of proposed legislation were prepared with the final draft introduced in the General Assembly in March 1973. After five hearings on the coast, days of floor debates and committee hearings, the Act was ratified on April 12, 1974, one day before the end of the session. CAMA's unique -feature is that it is a joint undertaking between local and State interests. This is ac- complished by giving the authority for planning to local governments and delegating to the State the responsibility for defining Areas of Environmental Concern (AFC's). Regulation of development within AEC's is a State -local effort. Each local government within the 20 county coastal area is required to prepare'a land use plan in accord with guidelines prepared by the Coastal Resources Commission (CRC), a 15 member policy -making body created by the Act. After adoption of the plan by the local government and approval by the CRC, no de- velopment within an AEC will be permitted unless it is consistent with the local land use plan. The following paragraphs summarize the 4 major parts of the Act. . 1.3.1 PART ONE - ORGANIZATION AND GOALS - This part sets out goals of the Act, defines terms, and establishes the Coastal Re- sources Commission and the Coastal Resources Advisory Council. The Advisory Council is a 47 member advisory group that provides tech- nical assistance to the CRC. Briefly, the goals of CAMA are as fol- lows:- 2 1) to provide a management system capable of preserving and managing the natural ecological conditions of the estuarine and barrier dune system, and beaches; 2) to insure that the development -or preservation of coastal lands and waters is consistent with their capability'to absorb change; 3) to insure the orderly and balanced use and preservation of coastal resources; 4) to establish planning policies and guidelines for the use and development of coastal lands and waters. 1.3.2 PART TWO - PLANNING PROCESSES - This part requires the CRC to prepare and adopt guidelines for the preparation of land use plans, which plans will then serve as guides for the issuance or denial of development permits within AEC's.-, 1.3.3 PART THREE - AREAS OF ENVIRONMENTAL -CONCERN - Part 3 requires the CRC to designate AEC's and establish standards fcr the land uses which may occur within these areas. These standards will be used in conjunction with the land use plans to determine whether or not development will be permitted in an AEC. AEC's fall within one of the following 4 categories - Estuarine System, Ocean Hazard Areas, Public Water supplies, and Fragile Coastal Natural and Cul- tural Resource Areas. 1.3.4 PART FOUR - PERMIT LETTING AND ENFORCEMENT - This final part of CAMA establishes the administrative procedures for enforce- ment. Since March 1, 1978 no development is permitted within an Area of Environmental Concern without a permit. Local governments may assume authority for permit letting in AEC's for minor develop- ments but permit letting authority for major developments is reser- ved to the CRC. 3 1.4 PROGRIAM ADMINISTRATION - 1974 TO DATE North Carolina's Coastal Management Program has focused on meeting the requirements of CAMA and the Federal Coastal Zone Management Act Within the framework of these two statutes two phases evolved. Phase I is concerned with planning and Phase II with implementation: In accordance with the requirements of Part 2 of CAMA, and assisted by grants from the U. S: Department of Commerce, local governments (including Kure Beach) began.prepar- ation of their land use plans in January of 1975. Final plans from all but 2 of the 52 local governments were submitted to the CRC on May 21, 1976 for review. All of these, including Kure Beach's, were approved, or approved with conditions. The State Guide- lines for Local Planning under which the plans were prepared required that all plans be updated every 5 years. One of the major purposes of the present planning effort is to comply with this requirement. However, since the submission and approval of the first land use plan in 1976 the Guidelines have been revised to reflect a new emphasis on policy formulation by the local governments. 1.5 LAND USE PLANNING.GUIDELINES These Guidelines are adopted by the CRC and codified in Chapter 15, Subchapter 7B of the North Carolina Administrative Code. Their purpose is to define a planning process in which local governments will identify land use problems and issues, collect and analyze data bearing on possible solutions, develop alternative strategies for re- solving the issues, formulate policies, and select methods of imple- mentation. The minimum requirements of any plan are 1) a summary of data collection and analysis, 2) an existing land use map, 3) policy discussion, and 4) a land classification map. Central to each of these requirements is a citizen participation program which seeks to involve residents and property owner's in each step to the planning • process. The Kure Beach Land Use Plan is organized within this framework. ' 4 1.6 PURPOSES OF LAND USE PLAN The most frequently heard reason for preparing land use plans under the Coastal Area Management Act is that plans are required by the Act and the failure to prepare a plan will result in the State substituting its judgment for that of local government. While this possibility does exist there are better and more practical reasons for preparing a land use plan. As is true for most local units of government in this country the real property tax is the major generator of revenues for financing services and facilities for the community; and since the amount of the tax is a function of the market value of the property the ability of the local government to provide services and facilities is largely dependent upon main- taining a strong market value of the land within its jurisdiction. Thus the well being of the Town's residents will depend in part on how wisely the land resource is governed so that values and the un- derlying tax base remain strong. This issue is at the center of the major purpose of the land use planning process - to influence and direct the determinants of land use change, and thus of market value, so that the well being of Town residents is protected and improved. 1.7 PLAN ORGANIZATION The organization of the plan closely follows the outline sug- gested by the state guidelines. First, existing land use, natural resource, and community facilities data is summarized and analyzed; included in this step is the preparation of the required existing land use map. Second, land use issues are identified, alternatives suggested and policies formulated. Finally, the policies are graph- ically expressed in the Land Classification Map. Supplementary in- formation is included in the technical appendices. 5 2,0 DATA COLLECTION AND ANALYSIS The major purpose of the data collection and analysis portion of the land use plan is to provide necessary background information for Town officials and citizens in making policy choices about fu- ture land use and development within the Town's jurisdiction. Much of this information was collected during the preparation of the 1976 Land Use Plan and was based on•the 1970 census and land use survey's conducted at that time. Since no new census information is available and development changes in the Town since 1976 have been steady, but not spectacular, much of the original information will be summarized with more detailed data included in the technical appendices. Using the information available from Town records and a resurvey of existing land use the data collection and analysis summary is intended to pro- vide a current picture of economic and environmental conditions in the Town. 2.1 PRESENT CONDITIONS Population estimates for Towns with a resort oriented economy, such as Kure Beach's, must consider all of the different segments of the population if the estimates are to be useful for planning pur- poses. Critical facilities and services, such as water, sewer, and public safety, must be designed and provide for seasonal populations - not just the year-round population - a much smaller number. Thus the "planning population" consists of 1) year-round residents, 2) day visitors, or visitors who visit the beach and leave the same day, and 3) overnight visitors, or the typical visitor who spends one or more nights in the Town. Accurate estimates of the planning population are further complicated since the seasonal populations will "peak" at certain times of the year, for example Fourth of July and Labor Day. Thus the population that must be estimated and projected for planning purposes is influenced not only by the usual factors of birth and death, but also by regional and even state-wide forces such as tourism and resort home building. A 2.1.1 POPULATION & ECONOMY - A major limitation in the past in estima- ting and projecting the Town's permanent year-round population was outdated census information. The last census was in 1970 and no new final 1980 popu- lation. count will be available until 1981; thus, past projections and trends, estimates from the N.C. Department of Administration, and building records have been relied upon to provide a current inter-censal estimate and a base for ten year projection. The preliminary 1980 census count for Kure Beach confirms the reliability of this methodology. Census counts of Kure Beach have been taken every 10 years be- ginning in 1950 when 228 persons were counted. In 1960 the figure increased to 293 and in 1970 to 394, almost a 35% increase during that decade. This large percentage increase is misleading due to the small initial base and is thus not valid for projection purposes. However, it does indicate a strong and steady population growth dur- ing the past twenty years, and barring a significant change in eco= nomic climate a continuation of this trend seems probable. Estimates from the N.C; Department of Administration indicate a different trend. These intercensal estimates show an increase in population in the early to mid -seventies then a gradual decline to 1978. These esti- mates are shown in the following table. YEAR POPULATION ESTIMATE 1973 440 1974 470 1975 480 1976 450 1977 450 1978 440 N.C. DEPARTMENT OF ADMINISTRATION In the Kure Beach Land Use Plan, prepared by the N.C. Depart- ment of Natural Resources and Community Development, 1975 intercen- sal projections ranged from 434 to 469; 1980 projections ranged from 477 to 544. In summary,the estimates and projections of these three agencies indicate a 1979 population of between 440 and 544 persons. 7 In order to arrive at a final working estimate the following method was used: it was assumed 1) that three -fourths the total number of single-family dwelling units added since 1976 were occupied by 2.5 persons per unit (the remaining one-fourth were assumed to be season- al), and 2) that the 1975 Department of Administration population estimate of 480 persons was correct. This results in a final 1979 population estimate'of 523 persons (68 permits issued 0.75-X 2.5 + 480 = 523). Since it is doubtful, given current economic conditions, that this figure will change significantly during the final months of 1979, this is also assumed to be the 1980 estimate. As with the availability of reliable data for making population estimates and projections, statistical information descriptive of the Kure Beach economy is limited. Because of the relatively small size of Kure Beach as an economic unit most data is aggregated at a larger level - County and region; and, further, because this data is as dated as the other Census data it would be risky, if not misleading, to attempt to describe the Kure Beach economy with this information. For the purposes of the Land Use Plan the Kure Beach economy may be more usefully described in terms of the factors which affect land values and thus contribute to the Town's tax base and revenues. The Town's ecomomy is tourist based and relies largely on the seasonal months of May, June, July, August, September, and October for its tourist dollars. This extended tourist season into the months of May, September, and.October is largely due to the attrac- tiveness of the beach for its fishing potential, but also because of the excellent fishing opportunities in the Fort Fisher Area and the inlet leading to Buzzard Bay. Thus, the new inlet at Buzzard Bay is not only a natural resource of significance but an important economic resource to the Town. Some insight into the tourist -sea- sonal nature of the economy is provided by the fact that of the 40 - 50 commercial establishments in the Town approximately 30 of these ` are motels or establishments that rent cottages and of its remaining businesses at least one-half are tourist -seasonal oriented, such as fishing piers, restaurants and bait and tackle shops. Obviously, at the base of the economic well-being of the Town is its desirability as a place to visit and this desirability is almost entirely a factor 8 of its proximity to the beach and the related amenities and recrea- tion. However, as with any other tourist oriented economy, economic success is largely dependent upon factors beyond the control of the Town - energy availability and general economic conditions. Attemp- ting to predict the state of these two variables is beyond the scope of this .land use plan. However, several developments on the more local level provide an indication of the economic future of the Town. The most positive is the continued development -of Pleasure Island, the area south of Snow's Cut. The location of Fort Fisher Marine Resources Center south of Town, the continued residential and com- mercial development in the Carolina and Wilmington Beach Area, and the proposed 201 facilities plan all point toward positive growth for the area. A more negative factor that could develop into serious propor- tions in the future is the destruction of the beach by erosion. As stated previously the anchor of the Town's economy, and thus of its ability to provide facilities and services to both visitors and resi- dents, is the health and desirability of its main recreational resource - the beach. Statistical information from the 1970 Census is included in the Technical Appendices. 2.1.2 EXISTING LAND USE - Mapping and analysis of existing land use serves to illustrate existing land use patterns, indicates possi- ble conflicts, and establishes a relationship between population growth and demand for land. The existing land use was first surveyed by car and the results are compared with a similar survey conducted during preparation of the 1975 plan. Existing land use is then illus- trated on an overlay of aerial photography. The aerial photography is on display at•Town Hall. Since the photography was not rectified (corrected for lens distortion) care should be used in making deci- sions based on the photography or map. Both are primarily intended to illustrate land use patterns and are accurate only for this or other planning purposes. Several changes have occurred since the 1976 plan which have al- tered existing land use or have significance for future development. The first is a steady, although not spectacular, increase in residen- . 0 EXISTING LAND USE TOWN EXTRATERRITORIAL LIMITS % JURISDICTION Residential 56.0 23 62.0 Commercial 6.5 3 151.0*1 Institutional 1.7 1 150.0*2 Vacant/Undeveloped 136.0*3 55 1,173.0*4 Streets 48.0 19 13.0 TOTALS 248.2 15549.0 *2includes International Nickel property (see below) includes Ft. Fisher Air Force Base (see below) *3includes Sunny Point buffer zone (see below) 4includes Sunny Point buffer zone (see below) ACREAGES OF SIGNIFICANT AREAS Ft. Fisher Air Force Base International Nickel Sunny Point Buffer Zone Extraterritorial Jurisdiction Corporate Limits TOTALS 4 118.0 7 10 157.5 9 10 151.7 8 76 1,309.0 73 1 61.0 3 150 Acres 150 Acres 843 Acres 83 Acres TOTAL 926 Acres 1,797.2 tial construction and a limited amount of commercial growth.. Almost all of the residential construction has been the addition of single family dwellings and the commercial construction has been additions to existing businesses. A small area,.about`4.25. acres.,.contiguous to the Town's southern co-porate limits was recent ly annexed, in- creasing slightly the number of residences as well as the total acre- age with in the Town limits. The most significant change since prep- aration of the 1976'plan has been the establishment of extraterritorial jurisdiction outside the Town's corporate limits. This action by the Town Council added over 1,000 acres to the area over which the Town may exercise its police powers; however, a large part of this area, 766 acres or about 75%, is within the Sunny Point Buffer Zone. The following table, "Existing Land Use - 1980" compares the various acre- ages within the Town's corporate limits and the extraterritorial ju- risdiction. 2.1.3 CURRENT PLANS POLICIES AND REGULATIONS - The major exist- ing plan with significant implications for land use is the Kure Beach Land Use Plan prepared by the N.C., Department of Natural Resources and Community Development in accord with*the Coastal Area Management Act and guidelines published thereunder. This plan, adopted by the Town and approved by the Coastal Resources Commission in 1976, establishes objectives, policies and standards to be followed in the making of decisions concerning the use and development of land within.the Town's jurisdiction. The plan addresses existing land use, population and economic conditions, the capacity of community facilities and makes projections of future population growth and demand for land. Based on these projections and analysis a land classification map was pre- pared to serve as a visual guide to the land use objectives, policies, and standards. The guidelines require that the land use plans be up- dated every five years and this plan is a product of that requirement. The second plan affecting land use is the Carolina -Kure Beach 201 Facility Plan, April 1977 and addendum of March 1978, prepared by ` Henery Von Oesen and Associates, Inc., Wilmington, N.C. Its purpose is to develop a plan for the construction of the most logical, eco- nomical, socially acceptable and environmentally sound wastewater treatment and disposalfacilities for the portion of New Hanover County south of Snow's Cut. The plan's recommendation is that the 1.5 MGD wastewater treatment facility owned and operated by the Town of Carolina Beach receive the areas wastewater, treat it to tertiary 10 t10 0 91 } �{ L- INTERNATIONAL NICKEL /11 VISTIMO SACILITF' OOW ROAD we"5e 000 �r Iff-MIN -- ILI SITE OF OLD DOW CHEMICAL PLANT fi-mu-= ATLANTIC OCEAN MEAN HOOK WATER AND LIMITS Of TOWNS JYRISOICTIOM Ef ❑ pG Ei 4 > � ate❑ r � �. aQ fl QA�. i�IQ a aao .° [ ° d� od c��' r� 'tea i � � _ — - ❑ 34 0 °" [] 00cloo o ap BOB I101R °G4 � oI,�t ® r~ �.0 E n ak �1E��efl qvrJ�x QC7 4 r�o QDtiO p tl q;rq pno13 QCn q g — - i`• am. [3Q .[]A❑ k nog o c Cit3j. Q 7�11EIIJO a 13 a 0Q�(}a3❑ T ❑ Q Ct Q:a m 0 _ E:3 tog ... ---- -- --- -- ---- — �zz — _ =_ = j �t1 Wood" {{ 1E NIS Cowl. O ,H eve 't SUMNT POINT BUFFER :ONE RANKS OF CAPE FEAR RIVER AND LIMITS OF TOWNS JURISDICTION { k s N - I { ( wooded 1 { { KUR%MEACH SEWAGETREATMENT 1AGOON O TOWN OF KURE BEACH Moguom@ MUD 909 wllp APPROXIMATE SCALE 1 INCH Z 400 FEET FEBRUARY 1980 MAMEO ON AERIAL PMOTOOAAPMY FLOWN NOVEMMEPi El. lain PREPAREO ■Y ./OMN J MOOTON ^MD. AM40CIATE111 NORTH ArL8'0!'NTIAL � COMI,M11RCIAL INSTITUTIONAL El KEYTO INSTITUTIONAL. LJoEM 1 Poll OFFICE 2 TOWN "ALL A CNYRCN !! C"YRC" E OWNATORAGII YARD LSITHNN RETREAT D u o on d o p p �'•: O d p Ft FLAMr r Air F r p o sYEiMr MIRIY',;ENH!!R 1tow c* O �a _� 1 U 1 © {f. pS� ♦+ � .+ 4 � } +a�✓� +tom �v •! - • '� tar F _* - �, _ s - • -} -_ , ~' y CAFE FEAR RIVER level and discharge the disinfected effluent to the Cape Fear River. This plan provides that the Town of Kure Beach sewerage system will be connected to the Carolina Beach facility. This will be accom- plished by the construction of a new 0.27 MGD wastewater pumping station (to be located on the site of the existing Kure Beach waste-. water pumping station) and an 8 inch force main which will discharge to the Carolina Beach Treatment facility. The area south of Kure Beach, outside of but immediately -contingent to the Town limits, will also be served but will be handled by extending the existing Kure Beach sewer system. Of.particular significance is the statement in the Addendum that "The plan concept also allows for the expansion of existing sewer systems into newly developed areas in harmony with the adopted and approved CAMA Plans for Carolina Beach and Kure Beach." However, since a force -main will be used to transport sewage from. Kure Beach to the Carolina Beach treatment facility no individual connections will be allowed along this main on 421. Residents will be eligible for service only if a sufficient number are sewered at one time to justify construction of an additional lift -station for connection to the main line on 421. The following ordinances have been adopted by the Town of Kure Beach as a means of controlling land use within the Town's jurisdic- tion: Extraterritorial Jurisdiction Ordinance - adopted September 20, 1977 extending the Town's police powers into those areas contiguous to the Town and shown on the Existing Land Use Map. Annexation Ordinance - Adopted December 9, 1977 extending the Town's municipal limits into most of the area between Avenue "E" and Davis Road. Article VII Community Planning and Development - Establishes a Town Planning Board and sets out its powers and duties to include preparation of a comprehensive physical development plan, principles and policies for development, developing ordinances, evaluating pro- posed developments -and providing advice to the public and Town Council on planning issues. The Planning Board is also authorized -to prepare basic studies such as land use, housing, utilities, facilities, recre- ational, transportation and parking. 11 Article II Section 6-6 - Appoints a Building Inspector. Article III - Adopts the N. C. Building Code. Article IV - Adopts the N. C. Uniform'Residential Building Code. ' Article IX - Adopts the Southern Standard Housing Code. Chapter 7 - Zoning Ordinance - Adopts a zoning ordinance for the Town regulating the height, density, and use of land and divides the Town into three residential and two business districts. The town is further divided within its extra -territorial jurisdiction into four residential districts and two business districts. Chapter 12 - Annexation - Provides for annexation of property not contiguous to the Town limits but within 3 miles thereof at the peti- tion of the property owners but the total area annexed may not exceed 25io of the total area of the Town. Chapter 25'- Water and Sewer Extensions - Provides for the ex- tension of water and sewer lines with 100% of the cost assessed against abutting property owners on a front foot basis. - Vehicle Ordinance - Adopted July 1958, makes it unlawful to op- erate a motor vehicle on the strand or beach in the Town. A listing of state and Federal regulations affecting coastal land and water resources is included in the Technical Appendices. 2.2 CONSTRAINTS TO DEVELOPMENT: LAND SUITABILITY 2.2.1 PHYSICAL LIMITATIONS: HAZARD AREAS, SOILS, WATER SUPPLY There are two types of hazard areas which may limit physical develop- ment in the Town, man-made and natural. While there are no man-made hazards within the Town the location of the Sunny Point Military Ocean Terminal on the western side of the Cape Fear River has required the establishment of -a buffer zone on the eastern side of the river which covers a large part of the Town's extraterritorial jurisdiction and a significant percentage (about 35% or 83 acres) within the Town's corporate limits. The purpose of the zone is to provide a buffer or safe zone around the terminal should a major explosion occurr; however, such an accident has never occurred. The only two significant natural hazards are the areas of the Town subject to riverine or ocean erosion and flood prone areas. The flood prone areas generally lie west of 12 Second Avenue and are shown on the FIA Flood Hazard Boundary Map in the Technical Appendices. According to a report prepared by the U.S. Corps of Engineers in December 1969 entitled Wind Tide Flooding in New Hanover County, North Carolina, a riverine flood hazard area exists along Kure Beach's western corporate limits and extraterritorial ju- risdiction. This area may be affected by 50 year frequency wind tide flooding; however, all of this area is within the Sunny Point Military Ocean Terminal Buffer Zone in which no development exists or is per- mitted. The ocean erosion hazard area extends over all oceanfront lands within the Town and its extraterritorial jurisdiction. Two types of hazard are posed by this area - danger from erosion and under- mining of structures and possible damage by high velocity waters in the event of a severe storm. While the latter is also included in the ocean flood hazard area there is an additional danger of direct damage from storm surge. Soils in the Kure Beach Town limits consists of 6 major types each of which is described in detail and mapped in the Technical Ap- pendices. These soils were mapped from aerial photo.graphy by the U nited States Department of Agriculture, Soil Conservation Service using spot sampling to verify the results. Generally, these soils are characterized by rapid permeability, low in natural fertility, and water tables varying between 10 inches and six feet. The Rimini and Leon Sand types predominate and while these soils have several limitations for most land uses careful site planning and construction methods can minimize these hazards. The major significant limitation on most of the soil types is their unacceptability for septic tanks. Because of central sewerage within the Town limits the possibility of ground water pollution exists primarily in the Town's.extra-terri torial juridiction. Some of the potential hazard may be eliminated upon completion of the Town's 201 Facilities Plan which provides for sewering the area south of Kure Beach by an extension of Kure Beach's sewer lines as far as Fort Fisher and the installation of a ten -inch force main along US 421 to Carolina Beach. However, as previously noted individual connections will not be permitted to the force main along US 421 and residents will only be permitted to connect if a sufficient number are sewered to justify construction of a lift - station and connection to the force main. 13 According to hydrologists with the State of North Carolina there have been no significant changes in the quantity or quality of ground- water available to Kure Beach since the preparation of the Kure Beach Land Use Plan in 1976. The aquifer of importance .to Kure Beach's water supply is the Tertiary System Aquifer, which provides the Town with a potential of -1,050 gallons per minute or 1.51 million gallons per day through three open end wells. 2.2.2 FRAGILE AREAS - Fragile areas are areas which could easily be damaged or destroyed by inappropriate or poorly planned development. Areas of Environmental Concern, as described in Chapter 15 of the N. C. Administrative Code and summarized in the Technical Appendices as well as such areas as prime wildlife habitats and significant archaeological and historic sites are included in this category. 2.3 CONSTRAINTS TO DEVELOP14ENT: CAPACITY OF FACILITIES 2.3.1 WATER AND SEWER - SERVICE AND FACILITIES - Prior to 1964, the Town of Kure Beach discharged -untreated wastewater from its col- lection system via a 12 inch outfall to the Cape Fear River. The col- lection system was constructed in 1950,and in 1964, with the assistance of a 50% grant, a 0.1 MGD stabilization lagoon was constructed on a 6.5 acre site next to the Cape Fear River on land leased from the Sunny Point Military Ocean Terminal. Untreated wastewater enters the plant via a 12 inch gravity line which then flows by gravity into the lagoon which has a surface area of 3.4 acres and normal water depth of 3 feet. The facility is designed to accomodate an average daily flow of 0.1 MGD, a peak flow of 0.2 MGD (140 GPM), a BODS of 170 lbs/day and a suspended solids load of 200 lbs/day. Effluent from the lagoon flows into an.out- let structure where it is chlorinated. A 12 inch outfall.line, which also serves as a chlorine contact tank, extends approximately 450 feet into the Cape Fear River. The collection system extends to all of the area within the Town corporate limits which is outside the Sunny Point buffer zone. The treatment facility is currently operating under a discharge permit from the State of North Carolina. Monitoring of the facilities performance during the period from November 1975 to October 1976 indicated performance was within permit limits during the off sea- son, but that under the final limits of the permit the facility.will not 14 be able to meet final effluent limits for most of the year particularly during the peak tourist season. Two alternatives exist for the Town: 1) upgrade and expand the existing facility to meet permit limits, or • 2) abandon the existing facility and connect to the Carolina Beach Wastewater treatment. system. The Carolina —Kure Beach 201 facilities plan recommends the latter alternative. 2.3.2 ROADS - The latest N. C. Department of Transportation traffic counts for Kure Keach at the intersection of Dow Road and U. S. 421 show peak average daily -traffic counts of 4,200 on the north side of the intersection, 3,900 on the south side and 780 on the west side. According to N. C. Department of Transportation's Planning and Research Division these counts are well within the de- sign capacity of U. S. 421 although -some congestion may occur during summer weekends. 2.3.3 SCHOOLS - The Carolina Beach Elementary School operated by New Hanover County is located approximately 2 miles north of Kure Beach. There are 2 kindergarten classes, 3 first grade classes, one combined first and second grade class, 2 second, third, fourth; fifth, and sixth grade classes, and one combined fifth and sixth grade class. The school was constructed in 1937 and expanded within the last 4 years. Approximately 50 students from Kure Beach attend the school and according to school officials there is adequate classroom and teacher capacity for Kure Beach's population. Due to the relatively high percentage of older residents and the retirement nature of the Town this assessment would appear accurate. 2.3.4 ESTIMATED DEMAND - The purpose of projecting future pop- ulation growth is to provide a basis for determining demand for land and facilities and for classifying land area under the Land Classi- fication map. The same factors that make estimating current popula- tion difficult - outdated Census information, small population base - also make projections of future populations particularly "risky". Standard projection methods, such as the cohort -survival method, may not be used because of lack of statistical data. The best "method" in the case of Kure Beach is an extension of past trends into the fu- 15 ture under the assumption that while conditions will change in the future any changes will be consistent with past development trends; thus, there will be no significant alteration from future projected populations. This assumption should be continuously reexamined and all projections used with caution and judgment. Population projections, as with estimates, requires a projection of both seasonal and year-round residents. These projections and es- timates, for the reasons previously discussed, are based on data that is readily available and is considered most reliable for estimation and projection purposes. Several assumptions have been made which are the result of interviews with local officials and business persons. The data and assumptions used are shown in the following table: ASSUMPTIONS AND DATA FOR POPULATION PROJECTIONS 1) From 1971 through 1979 approximately 104 new dwel- ling units were constructed in the Town or.about 12 units per year. Since this period included both an economic up- turn and downturn it is assumed this rate of construction will.continue for the next 10 years. 2) Approximately 75% of all residential construction will be seasonal, i.e., intended primarily for summer rental and not year-round occupancy. 3) Seasonal occupancy is 7 persons per unit 4) Year-round occupancy is 2.5 persons per unit 5) There are approximately 28 motel and cottage rental establishments in the Town with an average of 8 units per establishment orr 224 available units. 6) Occupancy of motel -cottage units is 3 persons per night. 7) Motel -Cottage -units increased at the rate of 3.3 units per year during the 1971 - 1979 period and this rate will continue for the next 10 years. 8) the 1980 year-round population is 523; the 1980 maximum seasonal population is 4,109. 16 Although the preliminary Census confirms the 1980 estimate and methodology used to reach this estimate, and therefore is sufficient to provide a working projection two future developments are the con- struction of sewerage treatment facilities at Carolina Beach and sew- ering of areas along 421 north and south of the Town and the potential annexation of the Wilmington -Hanby Beach area north of the Town limits. The following assumptions are made for the purpose of developing the second contingent projection 1) a maximum of ten permanent dwelling: units will be constructed in the extra-terrritorial jurisdiction per year with an occupancy of 2.5 persons per dwelling unit; 2) there are 160 dwelling units in the Wilmington -Hanby Beach area and fifty per-.. cent of these units are occupied for year-round occupancy by 2.5 per- sons per dwelling unit. YEAR-ROUND CONTINGENT PROJECTIONS EXTRATERRITORIAL JURISDICTION OF NEW DEVELOPMENT 10 New Permanent Dwel- ling units/year x 2.5 Persons/Dwelling unit 25 Additional Persons/ year x10 years 250 Additional Permanent Residents plus ANNEXATION OF WILMINGTON-HANBY BEACH TO SOUTH SIDE OF ALABAYA AVE. 160 Dwelling Units x. 50 . 80 Year -Round Occupancy x 2.5 Persons/Dwelling Unit 200 Additional Permanent Residents- 450 Plus 598 Working Population projection 1,048 Contingent Population Projection 17 YEAR-ROUND 12 dwelling units per year constructed 3 permanent at 2.5 persons per unit = 75 additional year-round residents plus 1980 estimate of 523 per- sons = 598 year-round residents in 1996 12 dwelling units per year constructed 9 seasonal units at 7 persons per unit 3.3 motel/cottage rooms added per year TOTAL ANNUAL INCREASE IN SEASONAL POPULATION = 63 persons = 10 persons = 73 persons 73 PERSONS PER YEAR x 10 YEARS = 750 PERSONS PLUS 1980 SEASONAL POPULATION 4,109 PERSONS TOTAL 1989 SEASONAL POPULATION = 4,839 PERSONS MAXIMUM POPULATION 1989 SEASONAL 4,839 YEAR -POUND 598 5,437 PERSONS (EXCLUDING DAY VISITORS) 3,0 POLICIES Land use policies serve several purposes. First, they.act as guides for desired future development and land use changes. In this sense they may be followed directly or used to interpret the more specific standards set out in Town ordinances, such as the zoning or- dinance. When used to interpret ordinances their function is to pro- vide insight into the desired purpose of a particular regulation so that its spirit is observed as carefully as its letter. However, pol- icies are not intended to take precedence over Town ordinances and do not have the effect of ordinances. A second purpose is to serve as an expression of Town opinion on land uses permitted within Areas of Environmental Concern. They act as an accepted point of compromise between Federal and State agencies and the Town. Broad community needs and needed cooperation from these agencies are expressed in the pol- icies. This purpose is central to the Coastal Area Management Act's mandate of a land use planning process involving a partnership be- tween State and local governments. k-third and related use is.as a component of State and Federal review of permits or grant applications. Development permits should be consistent with local land use plans as should the expenditure of Federal or State funds. These last two pur- poses pose potential sources of conflict and of opportunity in the land use planning process. The State Guidelines for Land Use Planning require that four major types of policies be formulated where appropriate for the particular locality. These are resource protection, resource production and man- agement, economic and community development, and continuing public participation. Within each of these areas issues are to be defined, alternatives considered and policies and methods of implementation selected. Specific policies are to be stated on certain issues within • each of the broad policy areas. Small geographical area and relatively few AEC's make many.of these issues inapplicable to Kure Beach (for example, importance of productive agricultural lands or mineral sites). 3.1 PUBLIC PARTICIPATION POLICIES The most fundamental objective of democratic practice is to in- sure that public policies correspond closely with the needs and pref- erences of affected citizens, and to prevent government from overstep- ping the bounds of its limited authority. Such an objective must acknowledge and respect the primary purpose of public participation - increasing the responsiveness and accountability of government to citizens affected by public decisions. Because of the great sensitivity to land use governance, public participation programs should be re- sponsive to the individual property owner as well as special interest groups and the general public. A public participation program consists of three basic components: 1) education, 2) public participation, and 3) governmental account- ability.. In preparation the public should be educated on the basic concepts and process of decision making; provided accurate, understand- able information about policy issues; and notified of opportunities to participate. The primary objective of the education component is to improve comprehension and communication between affected citizens and local officials. The second component, public participation, requires two things: first, identification of policy options, and second, estimating support from the public for each alternative. The planners responsibility is to help structure the public debate by highlighting common viewpoints and weeding out policy options that are not feasible on technical, legal, or other grounds. The final com- ponent, accountability, requires that the rationale for particular policy decisions be explained and opportunities be provided for test- ing decisions for fairness and responsiveness. Within this framework several issues must be addressed in estab- lishing policies for public participation. First, who is the "public" toward which participation efforts will be directed. In a typical beach community the affected may include such groups as property - owning residents, non -property owning residents (renters and persons living with their parents or relatives), and non-resident property owners (absentee owners). Each of these segments of the public will be affected to some degree by the actions and policies of the Town 19 and each has certain participation rights. The second issue in designing a mechanism for participation is what priorities should be given to each of the affected groups in allocating time and resources. While each group is entitled to participate and express an opinion, resources for participation are not unlimited and efforts must be directed toward the public most immediately affected. Finally, given the resources available and the social and economic composition of the particular locality, the issue of what methods will most efficiently and effectively gain the needed participation from the various segments of the public must be decided. Methods used by other agencies and local governments in the past have included such diverse techniques as: speaker's bureaus, brochures, news media coverage, depositing informa- tion in local public places, public notices, registries of interested individuals, mass mailings, planning information centers, mobile ex hibitions, planning workshops, advisory groups, nominal group technique, gaming and simulation, surveys, and systematic distribution of suc- cessive draft plans to a panel of citizen reviewers. Many of these methods will have only limited application, if any to the Town of Kure Beach, and the policies that follow are intended to address the issues defined above and select methods suitable to the Town's polit- ical character and population size. POLICY It is the policy of the Town to assure that all resident, property owners have equal participation status in land use or other public decisions that may affect them. However, while full participa- tion rights shall be afforded to all citizens, the Town's first re- sponsibility shall be to permanent residents. POLICY In consideration of the relatively small resident pop- ulation and geographical area of the Town, and in recognition of the inability of some persons to participate in the land planning process because of physical infirmity or job conflict, it shall be the policy of the Town to utilize a variety of public education and participation techniques. These techniques shall include citizen surveys, public meetings and workshops, use of all news media to the extent that co- operation can be obtained, required public hearings and draft review. 20 POLICY It is the policy of the Town to follow a continuing land use planning process of problem identification, data collection, de- velopment of alternatives, policy formulation, development of imple- mentation strategies, and monitoring. IMPLEMENTATION In pursuit of the above policies the following methods of implementation will be used. 1) In addition to required public hearings no fewer than two public meetings and workshops Should be held to discuss land use;.: policies and alternatives. 2) citizen surveysshould be distributed so that citizens unable to attend meetings and workshops will have an opportunity to express their opinions. 3) draft copies should be circulated to local officials for review and made available to the general public at Town Hall and other appropriate public places. 4) To insure that the land use planning process is contin- uous the Townshould conduct an annual review of the policies set out in this plan. The purpose of the review will be to evaluate the effect of the policies on land use changes that have occurred or may be anti- cipated. The Town, through either the Town Council or the Planning Board should either make a finding that no changes are necessary or make recommendations for necessary changes. 5) In addition to the above public education and participa- tion techniques several optional methods may be used by the Town to the extent time and resources permit. The purpose of these optional tech- niques.is to 1) reinforce and supplement other methods, and 2) to pro- vide additional participation opportunities for persons who are unable to attend meeting or workshops -because of work conflicts or difficulty with physical mobility (elderly and handicapped). These techniques may include a registry of interested citizens who will be contacted concerning meetings, information available, or , other developments in the land planning process; distribution of ed- ucational brochures; and, taping of meetings and workshops so that in- terested individuals may either borrow the tapes or reply at Town Hall. 21 3.2 NATURAL RESOURCE POLICIES Among the most important natural resources within Kure Beach's juridiction are the Areas of Environmental Concern which are specifi- cally described in the State Guidelines for Areas of Environmental Concern (15 NCAC 74). While other AEC's may later be nominated and designated as a fragile coastal natural resource area under Section .0500 of the Guidelines, the only two existing AEC's within the Town's jurisdiction are those that fall within the Ocean Hazard Area system described in Section .0300. These are the Ocean Erodible Areas and the High Hazard Flood Areas. The Ocean Erodible Areas are areas in which there exists a substantial possibility of excessive erosion and significant shoreline fluctuation. The seaward- boundary of Ocean Erodible.Areas is the mean low water line. The landward boundary is the distance from the first line of stable natural vegetation to a recession line determined by the long term annual erosion rate; how- ever, the minimum distance shall be 60 feet from the first line of stable natural vegetation and a distance landward from this point to a recession line that would be generated by a 100-year storm. The High Hazard Flood Areas are areas subject to high velocity waters (such as hurricane wave wash) from a 100 year storm as eutablished by the U. S. Department of Housing and Urban Development, Federal Insurance Administration, or other approved data sources. The AEC guidelines establish both general and specific use standards for development with- in these AEC's. Generally, development is permitted only landward of the crest of the primary dune and all construction must follow sound coastal engineering and building practices so as to afford maximun protection against storm damage and not increase the likelihood of erosion in other parts of the AEC. Additional standards are set for public access and facilities, mobile homes, and the protection of val- uable archaeological resources and biological habitat. Other than the AEC's, areas with physical constraints to develop- ment are not extensive within the developable areas within the Town. As was discussed in the "Constraints to Development" section the major development constraint in unfavorable soil conditions for septic tanks and because of the Town's central water and sewer system which services 22 the entire Town this constraint exists only in the Town's extra- territorial jurisdiction.; Further, the significance of this con- straint is greatly reduced since the vast majority of the Town's extraterritorial jurisdiction is undevelopable due to the Sunny.Point Military Ocean Terminal Buffer Zone. There are no apparent or known significant historical, archaeological, or architectural resources in the Town's jurisdiction, and with the exception of scattered habitat for certain rare plant species (sundew, pitcher plant, and venus fly trap), no biological habitat for endangered species.. Water supply is nearly three times existing or projected needs and is in no danger of pollution or saltwater intrusion. The only other significant develop- ment constraint is the capacity of the sewage treatment system. The system has been overloaded during peak summer flows and additional connections for commercial or multi -family must receive prior approval from the N. C. Department of Natural Resources and Community Develop- ment. Thus, the major constraint to development in Kure Beach relates to the disposal of sewage, either from the capacity of the Town's treat- ment system or from the capacity of the soils -to treat sewage from individual treatment systems. Implementation -of the Carolina'201 Faci- lity Plan will help to reduce this constraint. The 201 facility plan calls for the abandonment of the Kure Beach and Fort Fisher sewage treatment facilities with con- nection to the Carolina Beach wastewater treatment plant. Force mains connecting the areas will be installed along the U.S. 421 right-of-way thus providing areas within Kure Beach's extraterritorial jurisdiction with disposal capacity. However, as previously noted, no individual connections will be permitted to the force main on US 421 and individual residents will only be allowed to connect after a sufficient number have been sewered to justify the construction of a lift -station and connection to the US 421 force main. The most significant recreational resource in the Town is also its Most impor- tant economic resource - the ocean and beach. Not only are Town citizens provided with an exceptional recreational experience but, as discussed under DATA OOLLECTION AND ANALYSIS, the Town's economy is almost completely dependent on the income genera- ted by visitors to its beach. ' 23 3.2.1 DEFINITION.OF ISSUES - Two issues present themselves for resolution in forming natural resource policies for Kure Beach: 1) How can land use changes within Areas of Environ- mental Concern or areas with constraints to development be guided and controlled so that superior economic and social values to the Town are created; and, are existing State, Federal, and local laws and pol- icies adequate to provide this guidance and control; and, 2) Are existing State and Federal laws and policies for the protection of AEC's or areas with constraints to development con- sistent with the overall social and economic needs of the Town. 3.2.2 POLICIES The following policies shall be used by the Town in evaluating proposed developments and by State and Federal governments for negotiating necessary compromises concerning projects needed to promote overall community needs. 3.2.3 GENERAL DEVELOPMENT POLICY - Land use changes should be per- mitted and development guided into only those areas where the impact or change will result in a minimum reduction of values represented by natural processes, and where such a reduction occurs the use or devel- opment should be permitted only if superior economic and social values to the Town will be created.. It is recognized that .measuring. values represented by natural processes is a subjective judgement and it is therefore the responsibility of the Town Planning Board and Council to make this measurement. 3.2.4 SHORELINE MANAGEMENT - It shall be the policy of the Town to institute a comprehensive system of shoreline management that pro- duces the most financially feasible and environmentally acceptable means of protecting and managing the economic and natural values re- presented in the beach. In furtherance of this policy the following policies are adopted. EROSION CONTROL Beach -renourishment shall be the preferred erosion control measure when it is found to be the most effective and. , financially feasible method for the Town; however, if renourishment is not found to be the most effective and financially feasible method, alternative methods shall be used. Such methods shall include the maintenance and reconstruction of existing groins and bulkheads as well as their extension if there is a threat to life or property. 24 DUNE MAINTENANCE AND PROTECTION Dune maintenance and pro- tection shall be used to supplement other erosion control methods and policies. Dune maintenance and protection should include the restriction of pedestrian traffic to designated access points, prohibition of.any motorized vehicles on the beach, and carrying out a systematic program of dune vegetation maintenance. PROTECTION OF WILDLIFE Shoreline erosion projects shall not be constructed in beach areas that sustain substantial habitat for important wildlife species unless adequate mitigation measures are in- corporated into project design. Project construction shall be timed to have minimum sig- nificant adverse effect on biological activity on the site. 3.2.5 IMPLEMENTATION - In order to implement the above policies the following actions by the Town will be taken: 1) enactment of a Sand Dune Protection Ordinance similar to the.one included in the Technical Appendices.within one year from the date of approval of this plan by the Coastal Resources Commission; 2) enactment of ordinances, similar to the ones in the Technical Appendices, restricting pedestrian access to designated access points and prohibiting all motorized vehicles on the beach within one year of the date of approval of this plan by the Coastal Resources commission; 3) continous review and education of the public of the actions required of citizens and officials by the Town's Hurricane Procedures Plan. 25 3.3 DEVELOPMENT POLICIES Development policies include both economic development policies • that the Town will follow in promoting the growth of the Town, and land use development policies intended to influence the character and pattern of the anticipated change. 3.3.1 ECONOMIC DEVELOPMENT POLICIES - Two factors dominate the economic growth potential of Kure Beach. The first is the limited expansion possibilities due to the presence of the Atlantic Ocean to the east and the Sunny Point Military Ocean Terminal Buffer Zone to the west. Northerly and southerly expansion remains a possibility but due to the high projected costs of extending services to these areas annexation would be prohibitively expensive at present. The second factor is the treat of erosion along the Town's oceanfront shoreline. While this erosion has been successfully arrested within the Town limits due to the use of jetties and bulkheads the 'possibi- lity of a accelerated erosion from severe storms exists. This ero- sion is a threat to the safety of residents and property owners and to the Town's tourist oriented economy. Economic development poli- cies and issues must be constructed within the context of these political and natural forces, and because their control is largely beyond the Town's influence, choices must center on adaptability and compromise rather than confrontation. ISSUES: 1) Does the limited expansion potential of the Town require different urban growth patterns and policies than currently exist; if so, what policies and growth patterns should be adopted and pursued to achieve Town growth objectives. 2) What fiscal and legal alternatives are available to the Town to finance shoreline protection projects that are consistent with the Town's Natural Resources Policies. 3.3.2 POLICIES URBAN GROWTH PATTERNS - The Town's policy shall be to develop, through its land use policies and ordinances, a growth pattern conducive to development locating within the Town's corporate limits but planned and constructed so as to be consistent with Natural Resources Policies; more specifically, this policy should be construed to mean that development outside the Town's corporate limits should be less 26 dense than that permitted within the Town's limits unless adequate water and sewage disposal facilities are available. The purpose of this policy is to promote a growth pattern that maximizes the Town's tax base and minimizes fiscal and environmental costs. FINANCING SHORELINE PROTECTION - It is the policy of the Town that the costs of shoreline protection projects should be distributed among the various user -beneficiaries in equal proportion to the benefit received. It is accepted that 1) the geographic diversity and mobility of many of the user -beneficiaries makes equitable al- location of financial responsibility difficult under existing legal alternatives; and 2) that imposition of all costs on local property owners is inequitable and would inevitably result in future land use development contrary to local or statewide objectives. 3.3.3 IMPLEMENTATION - The Town should establish and contribute to a Capital Reserve Fund for the accumulation of funds to pay for the Town's share of shoreline protection The Town will consider and make estimates of the potential re- venues to be generated through all legislative alternatives for ex- ample, general advalorem taxes, special assessments, and service districts - and will pursue those methods found to be most equitable. The Town will support legislation authorizing the imposition of taxes on tourist related goods and services. 3.3.4 LAND USE POLICIES ISSUES Four questions must be considered in determining land use policies -.the type, timing, intensity, and location of future development - or the what, when, how much and where of antici- pated land use. A subissue of each of these questions is what are the net costs or benefits to the Town associated with each alternative. The overall issue may be sunriarized as -what development mix will pro- vide the maximum benefit or least cost to the Town, measured in both fiscal and environmental terms. TYPE OF DEVELOPMENT It is the policy of the Town to permit only those land uses that enhance the Town as a family -oriented com- munity for living and recreation. Examples of land use types consistent 27 with this policy are residential, single and multi -family, tourist oriented businesses, and supporting or service type uses; however, all uses permitt(:d by the zoning at the time of adoption of this plan shall be considered consistent with the above policy. Types of uses specifically considered inconsistent with the above policy are manufacturing or -industrial uses that would create negative ef- fects on either the Town's economy or Town citizens in the enjoyment of their residences. Examples of such uses are energy facilities, landfills and military installations involving the storage or hand- ling of explosives. LOCATION OF DEVELOPMENT - It is the policy of the Town to locate development so that is is consistent with local ordinances and state and Federal regulations; further, development shall be consistent with the Natural Resource policies previously stated. The general loca- tion of the types of development suggested under this policy are graph- ically described in the Land Classification Map. TIDING AND DENSITY OF DEVELOPMENT - The amount and timing of fu- ture development are largely the result of market forces unless demand is at an extremely high level. If this were the case these two com- ponents of land use could be guided through land use ordinances and utility extension policies. However, under the population and eco- nomic growth projections made earlier in this plan, land demand is not excessive at the present time nor is an undersupply projected for the planning period. The policy of the Town is, therefore, to accept pro- jected development at projected market rates and at densities permis- sible under the current zoning ordinance. IMPLEMENTATION - 1) The Town will review and revise all Town land use ordinances as necessary to insure consistency with the above policies. 2) The Town will adopt zoning classifications for its extraterritorial jurisdiction in accord with the above policies and the Land Classification map. 3) The Town Planning Boardshould prepare subdi- vision regulations for consideration by the Town Council which shall be consistent with the policies stated above and the Natural Resource Pol- icies previously stated. 4,0 LAND CLASSIFICATION MAP 4.1 PURPOSE The land classification map is intended to serve as a graphic illustration of the Town's adopted policies. By delineating the classes on a map, policies (local, state, and Federal) can be des- ignated for specific areas. However, land classification is not a regulatory machanism but is only a tool to.help implement policies. It provides a framework to be used by local governments to identify future land uses and as a guide to where natural and cultural re- sources will be conserved. 4.2 LAND CLASSES Of the 5 types of land classes defined in the State Guidelines 3 are suitable for classification of lands within the Town of Kure Beach. These are the developed, transition and conservation classes. The developed class is intended to provide for continued intensive development and redevelopment of existing areas that are at or ap- proaching a density of 500 dwellings per square mile and are current- ly served by public water, sewer, recreational facilities, police, and fire protection. All of the area within the corporate limits of Kure Beach but is out of the Sunny Point buffer zone falls within this category. There are approximately 488 dwellings in this 87 acre area for a density of 5.6 dwellings per acre. All of this area is served by the required facilities; however, the classification devel- oped is too broad to be useful for future land use decisions and is therefore further subdivided into the.following categories. DEVELOPED RESIDENTIAL -LOW DENSITY - A classification intended primarily for low density residential development and related institutional uses such as churches and schools. The major purpose of this classification is to promote and protect single family neighborhoods. RESIDENTIAL -LOW DENSITY/PROFESSIONAL SERVICE - This land classification is intended to allow a controlled mix of one and two family dwellings with certain low intensity professional businesses and institutional uses. 29 RESIDENTIAL -MEDIUM DENSITY/TOURIST - The purpose of this classification is to encourage a mix of multi -family dwellings with tourist accomo- dations as well as institutional uses but not business uses. CENTRAL BUSINESS - The central business classification is designed to concentrate the location of trade and commercial enterprises that may have a negative effect on residential areas into one centrally located area. NEIGHBORHOOD BUSINESS - This classification is intended to establish controlled areas where the major uses are retailing of goods and ser- vices to surrounding residential neighborhoods. Uses in this area should be regulated to reduce traffic and parking congestion so that the surrounding residential areas are protected. The.second major land classification applicable to Kure Beach is the transition class. The purpose of this class is to provide for future intensive urban development on lands most suitable for such development and that are scheduled for necessary public utilities and services; they also provide for additional growth when lands in the developed class are not available or are severely limited for de- velopment. This latter condition has particular significance for Kure Beach because of the large areas (see the Existing Land Use Analysis) within the Sunny Point buffer zone that are unavailable for development. Thus, future development within the Town's jurisdiction will have to concentrate outside of this area. Two further limitations exist on future development - one, virtually all lots within the Town have been platted in sizes from 2,500 to 5,000 square feet. This will make assemblage for cluster housing difficult and probably expensive; and, second, a considerable amount of developable land outside the buffer zone is under the control of Fort Fisher Air Force Base and the International Nickel Company. With these limitations it appears likely that much of the Town's future growth will occur in the extraterritorial jurisdiction north and south of the Town's existing limits. The pur- pose of the transition class as applied to these areas is to encourage an orderly, environmentally sound growth that if annexed in the future will be an asset to the Town. The transition class is subdivided into the following subclasses. 30 TRANSITION RESIDENTIAL -LOW DENSITY - This classification is intended to promote the location of single-family residences in quiet low density resi- dential developments in such a manner that they will be compatible with existing developments and the surrounding environment. RESIDENTIAL -MEDIUM DENSITY - The purpose of this classification is to allow a mix of single -family -residences, townhouses, condominiums, and housing for seasonal tourists. To the maximum extent possible,' development should not interfere with rights of access, visual or pe- destrian. RESIDENTIAL -BUSINESS Within this classification the principal uses of lands are intended for singly -family, multi -family and the influx of tourists. In addition, retail and personal services, clearly in- cidental to the principal uses and not detrimental to the environment or make such areas incompatible for future development. The last major land classification applicable to Kure Beach is the conservation classification,. This land class is intended to provide for effective long-term management of significant limited or irreplaceable areas. It is generally applicable to major wetlands, undeveloped shorelines that may be hazardous for development and im- portant wildlife habitat. Within the Town of Kure Beach the major application of -the conservation classification is along the Town's oceanfront lands. These lands are primarily those lying east of U.S. 421 and Atlantic Avenue. Some wetlands and marsh areas do exist along the western boundary on the Cape Fear River but these areas are entirely within the Sunny Point buffer zone. The conservation class as applied to Kure Beach is divided into subclasses to reflect the varying degrees of hazard and competing interests associated with the oceanfront lands. The delineation of these subclasses on the land classification map is for illustration only and reference should be made to the subclass definitions for site specific identification. In some areas the Conservation classification may overlap another classification. In such cases the Conservation classification should not be interpreted to restrict in any way the location or modification of any structure or the use of land if permitted by Town ordinances, 31 but should be used as a guide to assure that such use or construction preserves the public's rights of access to and enjoyment of the beach. CONSERVATION CONSERVATION -PUBLIC USE - This classification is generally intended to extend from the seaward property line of oceanfront property owners and is intended to protect and preserve the public's right of access along the beach. Within this area no private bulkheads, piers, groins or jetties should be constructed that will restrict access along the beach or accelerate erosion of adjoining properties. The exception to this quidelifie is the maintenance and reconstruction of existing bulkheads, jetties, or piers, owned or constructed by the Town in accord with the Town's Natural Resources Policies. CONSERVATION -ACCESS - This classification is intended to extend from the eastern limit of the Conservation - Public Use classification to U.S. 421 and Atlantic Avenue. The purpose of this classification is to insure that the public rights of access, visual and pedestrian, to the beach is preserved. This classification is not intended in any regard to conflict with Town zoning ordinances but only to encourage the location and design of structures that will protect the public rights of access. 32 TECHNICAL APPEPJD I CES APPENDIX 1 - POPULATION AND ECONOMIC STATISTICS APPENDIX 2 - LISTING OF STATE AND FEDERAL REGULATIONS APPENDIX 3 - FIA FLOOD HAZARD BOUNDARY MAP APPENDIX 4 - DETAILED DESCRIPTION OF SOIL TYPES AND SOIL MAP APPENDIX 5 - AEC SUlalARY APPENDIX 6 - DUNE MAINTENANCE AND PROTECTION PLAN 6 APPENDIX 1 POPULATION AND ECONOMIC STATISTICS Population: County, Township, Town (1930 - 70) New Hanover 1930 43,010 1940 47,935 (+11.5%) 1950 63,272 (+32.0) 1960 71,742 (+13.4) 1970 82,996 (+15.7) Federal Point Townshizi 792 1409 (+77.9X) 2473 (+75.5) 3234 (+30.8) 5113 (+58.1) Kure Beach 223 293 (+28.5%) 394 (34.5) SURROUNDING MUNICIPALITIES: CHANGE 1960 - 70 1960 1970 Percent Change Kure Beach 293 394 +34.55 Carolina Beach 1192 1663 +39.5 Wilmington 44013 46169 + 4.9 Wrightsville Beach 723 1701 +1 35.9 POPULATION CHARACTERISTICS: 1970 Total Male Female White Black Other & Races Under 18 Over 65 Median Apse Nev Hanover 82996 47.8% 52.2% 64.2% 35.8x 34.5x 8.4x 27.8 Federal Point Tvp 5113 49.9 50.1 90.4 9.6 32.3 8.5 28.3 Kure Beach . 394 52.0 48.0 96.4 3.6 24.1 14.7 (33-34 North Carolina 5082059 49.0 51.0 77.0 23.0 _34.6_ 8.1 26.5 AGE CHARACTERISTICS (1)70): KURE BEACH Male Female Total Under 5 10 7 17 (4.32) 5-9 10-14 13 10 . 23 (5.8) 15-19 9 16 16 15 25 (6.3) 20-24 30 19 31 (7.9) 49 (12.4) 25-34 .26 28 54 03.7) 35-44 45-54 '•18 17 35 (8.9) 55-64 28 12 40 (10.2) 65-74 17 45 62 (15.7) Over 75 25 13 _ 11 9 36 (9.11 _ 22 (5.6) 205 189 394 (100x) OCCUPATION OF PERSONS (1969) Kure Beach Tract New Hanover North Carolina • Professional, technical b kindred 71 (6.9%) 4286 (13.1%) 11.0 ?tanagers b Administrators (except farm) 141(13.8) 3398 (10.4) 705 Sales workers 75 (7.3) 2440 (7.5 6.0 Clerical and Kindred 152 (14.8) 5243 (16.0) 14.0 Craftsmen, Foreman, Etc. 169 (16.5) 5293 (16.2) 14.5 Operatives and Kindred 184 (18.0) 5868 (17.9) 26.3 Service Workers 192 (18.7) 4318 (13.2) 11.0 Farm Laborers and Foremen 7 (0.7) 231 (0.7) 2.0 Farmers b Farm Managers 0 (0.0) 58 (0.1) 2.6 Laborers (except farm) 34 (3.3) 1615 (4.9) 5.0 1025 (100%) 32750 (100%) 10OZ Median -Family Income Mean Family Income Per Capita Income Persons Below Poverty Level Families Below Poverty Level PERSONAL INCOME CHARACTERISTICS.(1969) New Hanover $8272 9368 2761 18.1% 14.3% North Carolina $7774 - 8872 2492 20.3% 16.3% Urban N.C. $8588 10043 2877 17.1% 13.1% OCCUPATION BY INDUSTRY OF EMPLOYED PERSONS (1969) Construction Manufacturing Transportation, Communication Utitlities 6 Sanitation Wholesale and Retail Financial, Insurance, Business'& Repair Health, Edbcation, Welfare, Legal and Professional Services Public Administration Other Industries (includes farm) e., Kure Beach Tract 119 (11.6%) 140 (13.7) 60 (5.9) 344 (33.6) 76 (7.4) 85 (8.3) 44 (4.3) 157 (15.3) 1025 (100%) New Hanover 2728' (8.3%) 8388 (25.6) 2905 (8.9) North Carolina 6.7% 35.4 5.6 6977 (21.3) 17.6 2352 (7.2) 5.6 4592 (14.0) 1423 (4.3) 3387 (10.3) 32,750 (100%) 14.2 3.5 11.4 100% DISTRIBUTION OF INCOME FOR FAMILIES (1969) New.Hanover Kure Beach Tract N.C. Urban N.C. Less than $1000 613 (2.8% 36 (4.61 3.4% 2.7% $1000 - 1998 1038 (4.7 17 (2.2 5.4 4.1 2000 - 2999 - 1186 (5.4 69 (8.9 5.7 4.8 3000 - 3999 1389 (6.3 55 (7.1 6.5 5.8 ' 4000 - 4999 1532 (7.0 63 (8.1 7.2 6.5 . 5000 - 5999 1658 (7.5 76 (9.8 8.0 7.3- 6000 - 6999 1586 (7.2 80 (10.3 7.8 7.3 7000 - 7999 1571 (7.1 78 (10.0 7.7 7.3 8000 - 8999 1556 (7.1 62 (8.0 7.6 7:2 9000 - 9999 1483 (6.7 59 (7.6 6.9 6.8 10000 - 11999 2853 (13.0 67 (8.6 11.7 12.1 12000 - 14999 2551 (11.6 31 (4.0 .10.6 12.0 15000 - 24999 2320 (10.5 61 (7.9 9.0 12.1 25000 - 49999 551 (2.5 17 (2.2 2.0 - 3.2 50,000 or more 107 (0.5 6 (0.7 0.5 0.7 21994 (100% 777 (100% 100% 100%. APPENDIX 3 FIA FLOOD HAZARD BOUNDARY MAP 0 NINiN AK 916NTN ArC. Ll " _ It yENr wrt. 11 �O d S IA7H O CORPORATE LIMITS CJ fI/iH •YC. POUR iH Ave. _�_ � _�_ � _•. • � � ,. • • • � � • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • SlC ONE MILNI\IIb VbGM1\ DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT APPROXIMATE SCALE Federal Insurance Administration 500 0 1000 2000 FEET TOWN OF KURE BEACH, NC FIA FLOOD HAZARD BOUNDARY MAP Effective Rate: (NEW HANOVER CO.) No. H 37 129 2480 O1 FEBRUARY 15, 1974 APPENDIX 2 LISTING OF STATE AND FEDERAL REGULATIONS I. STATE LAWS A. Statutes Directly Regulating Land or Water Resources Use [1. Criminal Provisions] G.S. 14-128.1 Unauthorized taking, etc., of certain ornamental plants from lands of another........ G.S. 14-129 Taking of wild plants from lands of another.... G.S. 14-129.1 Selling or bartering of Venus Fly Trap........ G.S. 14-130 Trespass on public lands ....................... G.S. 14-131 Trespass on land under option by the Federal Government ............................. G.S. 14-133 Erecting artificial islands and lumps in public waters.... ........................ G.S. 14-134.1 Depositing trash, garbage, etc., on lands of another or in waters of the State .............. I [2. General Regulations] G.S. 65-42 et seq. Stock along Outer Banks.. ...................... G.S. 74-39 et seq. Mining Registration Act of 1969................. G.S. 74-46 et seq. Mining Act of 1971 ............................. G.S. 7 -40 Obstruction of Navigable Waters........ ...... G.S. 77-12,13,14 Obstruction in Streams ......................... G.S. 87-81 N.C. Well Construction Act .....................' G.S. 104 B-3 et seq. Protection of Sand Dunes along Outer Banks..... G.S. 143-211.11 Regulation of use of Water Resources........... et seq. G.S. 113-202 Leases of oyster and clam bottoms .............. G.S. 113-24 Protection of Waterfowl food growing in public waters ............................... G.S. 113-229 Permits to dredge or fill in estuarine waters or state-owned lakes... ................. G.S. 113-230 Orders to control activities in coastal wetlands........................................I Chapter 130 Article 13D N.C. Drinking Water Act ................... . (Statutes Directly Regulating Land or Water Resources Use, con'd) G.S. 113-378 et seq. Oil and Gas Conservation ....................... G.S. 113A 3 0 et seq. Natural and Scenic Rivers Act of 1971...........' i G.S. 113A-50 et seq. Sedimentation Pollution Control Act of 1973••... G.S. 113A-100 et seq. Coastal Area'Management ........................• G.S. 13 0-157 et seq. Water and Sewer Sanitation .....................I G.S. 13 0-166.22 Ground Absorption Sewage Disposal System I Act of 1973..................................... G.S. 13 o-169. of et seq. G.S. 136-141 et seq. G.S. 139-1 et seq. G.S. 139-47 G.S. 143-214.1 G.S. 143-214.2 G.S. 143-215 G.S. 143-215.1 G.S. 143-215.51 et seq. G.S. 143-215.63 et seq. G.S. 143-215.77 et seq. G. S. 143-215.105 et seq. G.S. 143-350 et seq. G.S. 143-434 et seq. G.S. 156-1 to 156-138.4 Sanitation of shellfish, crustacea, and scallops ........................................ Junkyard Control Act ............................ Soil and Water Conservation Districts.......... Watershed improvement or drainage projects - procedures ...................................... Water Quality Standards ......................... Prohibited Discharges........ .. ............... Effluent Standards .............................. Control of Sources of Water Pollution; permits required ................................ Floodway Regulation ............................. Water and Air Quality Reporting Act of 1971..... Oil Pollution Control Act of 1973............... Air Pollution Control ........................... Environmental Management Commission ............. Pesticide Control ............................... Drainage of Land ................................. B. Statutes Indirectly Regulating Land or Water Resources Use G.S. 9CA-20 et seq. Certification of Water Treatment Facility Operators .............................. G.S. 9OA-3'i et 'eq. Cortification of Wastewater Treatment Plant Operators ................................. C.S. 143-215.7 Effect of Water and Air Resources Statutes on laws applicable ..................... (Statutes Indirectly Regulating Land or Water Resources Use, con'd) G.S. 104-1 et seq. G.S. 105-227.2 et seq. G.S. 113-29 et seq. G.S. 113-54 G.S. 113A-1 et seq. G.S. 113A-83 et seq. G.S. 121-9 C.S. 130-166.16 et sect. G.S. 136-122 et seq. C.S. 136-126 et seq Acquisition of lands by U.S. for specified purposes authorized ................... N.C. Differential Tax Laws ...................... Acquisition and control of state forests and parks ....................................... Duties of Forest Rangers; payment of expenses by state and counties ..................; N.C. Environmental Policy of 1971...............E N.C. Trails System .............................. Administration of state acquired.historic properties ...................................... Solid Waste Disposal ............................ Preservation of Scenic Beauty of Areas Along Highways .................................. Outdoor Advertising Control Act ................. G.S. 143-211 et seq. Water and Air Resources.... ................... G.S. 146-3 to 15 Disposition of State Lands.... .................. C. Land Use Planning or Coordination of Land and Water Resources Use Statutes G.S. 63-30 to 63-37 Model Airport Zoning Act ........................ G.S. 113A-150 Land Policy Act of 1974.. ....... ............ et seq. G.S. 139-9 et seq. G.S. 143-215.38 et seel. G.S. 153A-320 et seq. Act 18 G.S. 160A-360 et seq. D. "Enabling, Statutes" r;. s. 62-0 G.S. 63-6 (:... 63-55 (;.:3. 61;-3 Soil and Water Conservation District Adoption of Land Use Regulations ................ Federal Water Resources Development Projects ........................................ Rights of County Governments with respect to Planning and Regulation of Development....... Cities and Towns - planning and regulation of development .................................. 'slater Gauging Stations..........' ................ Acquisition of (airport) Sites ................. . .I Airports on Public Waters and Reclaimed Land.... County Cormnissionors' control of abandoned cemeteries ........................................ "Enabling Statutes" con'd) G.S. 77-1 G.S. 77-11 G.S. 113-30 et seq. G. S. 13 0-13 0 G.S. 130-206 G.S. 139-38 G.S. 139-46 G.S. 143-215.2 G.S. 143-215.62 G.S. 143-260.6 G.S. 162A-1 II. FEDERAL LAWS Commissioners for Opening and Cleaning Streams ......................................... Public Landings .................................. Use of lands acquired by counties through tax foreclosures as demonstration forests....... Power of Sanitation District Boards to Condemn Property ................................ Mosquito Control ................................ Watershed Improvement Districts - ti Power of Eminent Domain .... ................... Recreational aspects of watershed improve- ment programs ...................................; General Powers of EMC - local air pollution control programs ...................... Furricane Flood Protection and Beach Erosion Control Project Revolving Fund.......... State Nature and Historic Preserve Act.......... Water and Sewer System .......................... (A. General Resources Policy and Planning] 42 USC 4321 et seq. National Environmental Policy Act Pub. L. No. 91-190 of 1969 (NEPA).................................. i Housing Act of 1954, "The 7C1 Program" ...................... Sections 701-03 40 USC 460-62(1970j, Amending 40 USC 460- 62 (1964) [B. Solid Wastes] Pub. L. No. 59-272, Solid Waste Disposal Act of 1965, as tit. II, 79 Stat. amended by the Resource Recovery Act 997, as amended 42 of 1970......................................... USC 32.51-59 (1970) i LC. Coastal Resources] Act of Oct. 27, 1972 Coastal Zone Management Act of 1972....... .. 16 u2cA 11,.51-61, .. (Sapp. 1973 ) (C. Coastal Resources, con'd) 16 USC 1221-1226 (1970) Pub. L. No. 92-532 86 Stat. 1052,33 USCA 1401-1441 (Sup? 1973) 16 USC 661-666 (1970) ELR 41801 43 USCA 1331 Act of 1953 33 USCA 1501 Pub. L. 93-627 33 USCA 1221 Sec. 1, Pub. L. 92-340 16 USCA 459 qq, et seq. Pub..L. 89-366,1,80 Stat. 33 16 USCA 459 43 USCA 1301 et seq. FWPCA 404 33 USCA 1344 Estuarine Areas Act ............................. Marine Protection, Research and Sanctuaries Act of 1972 (Ocean Dumping Act) ................. Fish and Wildlife Coordination Act ..............: The Outer Continental Shelf Lands ............... i Deep Water Ports Act of 1974.................... Ports and Waterways Safety Act of 1972.......... Cape Lookout National Seashore .................. Cape Hatteras National Seashore Recreational Area ............................................. Submerged Land Act of 1953...................... Permits for Dredged or Fill Material ("Section 404")................................. [D. Water and Air Resources] 16 USC 1271-87 (1970) Wild and Scenic Rivers Act of 1968.............. Act of April 3,1970, Water Quality Improvement Act of 1970...........' Pub. L. No. 91-224, 84 Stat. 91 Pub. L. No. 92-500, Federal Water Pollution Control Act .............. 33 USCA 1251 et seq. (Supp. 1973) Pub. L. No. 92-500 Federal Water Pollution Control Act (1972), 86 Stat. Amendments of 1972...................... �16.33 USCA 1251 et seq. 33 USC 407 The Refuse Act .................................. 42 USC 1857, Sec.2, Clean Air Act of 1955, As Amended, 1967......... Pub. L. Title I. [E. Pesticides] 7USC 135 et seq. (197C) as amended, 7 USCA 136 et seq. (Supp. 1973) [F. Historic Sites] 16 USC 470-470m (1970), as amended, 16, USCA 470h, 470 (1)-470n (Supp. 1973) and Pub. L. No. 93- 54, 87 Stat. 139 (1973) [G. Conventions] Part II, Article 23, 1958 (Undoc. A/Conf. 13A. 52) Pursuant to UN Con- ference on the Law of the Sea, Geneva, 1958 Federal Environmental Pesticide Control Act of 1972(FEPCA)............................. National Historic Preservation Act of 1966...... Convention on the Territorial Sea and the Contiguous Zone ......................... Convention on the High Seas ..................... APPENDIX 4 DETAILED DESCRIPTION OF SOIL TYPES AND SOIL MAP INTERPRETATION OF SOILS WITH LIMITATIONS FOR DEVELOPMENT Map Symbol Soil Mapping Unit Degree of Limitation for Name Septic Tank Local Roads Filter Fields Dwellings Light Industry, & Streets Recreation & & 706 Newhan fine sand Slight Severe Severe Moderate Severe 79B Kureb sand Severe Moderate Slight Slight Severe 582 Leon sand Severe Severe Severe Severe Severe 724B Rimini sand Severe None to Slight Slight Severe Slight 891 Lynn Haven Severe Severe Severe Severe Severe fine sand Soil limitations: Moderate - the rating given soils that have properties moderately favorable for the rated use, can be modified or overcome by planning, design or maintenance Severe - the rating given soils that have one or more properties (e.g. flood hazard, high water table, etc.) unfavorable for the rated use; in most cases, it.is very costly to.alter the soil or design a structure which is compatible with the soil Slight - the rating given soils that have properties favorable for the rated use Available water capacity - the capacity of the soils to hold water for plant use Flood hazard - water standing above the surface for an extended length of,time Permeability - the quality of the soil that permits movement of air/water Shrink -swell potential.- the relative change in.volume to be expected of soil material with changes in moisture content Source: Soil Survey Interpretations and Maps for New Hanover County North Carolina, U. S. Department of Agriculture Soil Conservation Service Inventory and Evaluation Soil and Water Resources, U. S. Department of Agriculture Soil Conservation Service SOILS MAP Legend 7/706 Newhan fine sand 79B Kureb sand 582 Leon sand 724B Rimini sand 891 Lynn:Haven fine sand 6 Urban land (CURE BEACH NORTH CAROLINA ( Z ' DUNE MAINTENANCE MANUAL for the TOWN OF ICU R E BEACH Most research on dune creation and stabilization has.focused on the critical areas extending 500-600 feet back from the high tide mark with elevations of 4-6 feet above mean sea level. The only plants that appear to be making substantial contribution in trapping and binding sand are perennial grasses; although some annuals such as sea rocket, Cak.ile edentula, and beach pea are temporarily effective. The frequent exposure to salt spray, which results from generally low elevation and absence of large dunes, appears to be a major factor discouraging the woody plants, such as yaupon, myrtle, silverling, live oak, and red cedar. JOHN J 'HOOTON AND ASSOCIATES WILMINGTON, NC 3.1 AVAILABLE SPECIES At present there are four grasses growing on North Carolina's Outer Banks which show real promise in this critical zone. These are American Beachgrass, Ammophila Breviligulata, Sea Oats, Uniola paniculata, Running Beachgrass, Panicum•amarum, and Saltmeadow Cordgrass, Spartina patens. Of these four American Beachgrass is the only one with ample planting stock available and which has been planted extensively on the foredunes. Experience to date indicates it is an excellent grass for this purpose. It is easily propagated in the nursery,- can be transplanted with almost 100% survival, grows rapidly following transplanting and is capable of trapping and penetrating large quantities of sand. Since its indigenous range is north of the Virginia Capes, it is not as tolerant of hot dry weather as Sea Oats and Panicum amarum. However, it is very tolerant of salt spray and will withstand occasional flooding by salt water during cooler temperatures; but during hotter seasons (summer), it will readily succumb to high tides. No unusual insect or diseases have been observed on this species. Under favorable conditions, beachgrass spreads rapidly through the production of rhizomes and sporadic reproduction from seeds. The Sea Oat is widely distributed from Mexico to the Virginia Capes, and, on North Carolina's coast, is the principal vegetative species of unplanted dunes near the sea. It is an excellent sand catcher, but, unfortunately natural stands are frequently sparse, resulting in rapid accumulation of sand by individual plants and the growth of rough, hummocky dunes. However, where good stands occur, there is little difference between dunes formed with Sea Oats or those formed with beachgrass. Where these two grasses occur together, the Sea Oat will JOHN J. HOOTON AND ASSOCIATES WILMINGTON, NC C normally occupy the "front line" nearest the surf, probably due to its higher tolerance for salt spray. Sea Oat has not been planted extensively for two reasons: 1) the absence of supplies of planting stock, and 2) the poor survival of plants following transplanting. While it is a desirable species for stabilization extensive use will probably have to await development of better propagation procedures. Under favorable conditions, the Sea Oat will produce heavy seed crops mostly in late spring. Since most plants are not firmly established until the end of the second season, percent survival of original seedlings is extremely low. Running Beachgrass is distributed naturally along the Outer Banks and appears to be increasing in some areas since livestock have been excluded. It is a good dune builder, having an extensive rhizome system and stiff stems and leaves; however, it does not appear to be as tolerant of salt spray as American Beachgrass and Sea Oats. Although it can be multiplied easily under nursery conditions, it is a slow starter when transplanted. While this species is promising, more knowledge of planting methods is necessary before it could be recommended for extensive use. Saltmeadow cordgrass probably represents the largest acreage of any plant on the Banks and is the principal occupant of grass on the flat and low dunes behind the foredunes. It is tolerant to salt water and high water tables and is well adapted to low living areas. However, it will tolerate only a slow sand buildings and is not drought tolerant. Thus, it should not be planted on dunes of any appreciable height or where sand movement is rapid. 3.2 TRAFFIC AREAS None of the above species is suitable for sites receiving heavy JOHN J HOOTON AND ASSOCIATES . WILMINGTON, NC C traffic - vehicular or pedestrian. Around these types of areas (parking lots, walkways) a turf type grass is recommended. Two species are suited for this type of area - Bermuda grass, Cynodon dactylon, and knotgrass, Paspalum vaginatum. The Bermuda grass is more favorably recommended because of availability and previously successful plantings (it was used to stabilize Wright Memorial). Test plantings indicate that turf strain 419 is especially suitable to high traffic areas. The bermudas will tolerate a considerable amount of salt as spray or in the soil and moderate sand buildings. At least as much nitrogen,•if not more, is required to maintain them in a healthy condition. They should be sprigged in early spring in order to insure establishment before excessive drying of the sand occurs; where irrigation is available planting can be done satisfactorily up to early summer. 3.3 AMERICAN BEACHGRASS Because of its availability, rapid -growth characteristics, and excellent sand trapping capacity, American Beachgrass is the recommended primary species. However, its widespread use in monospecies plantings has resulted in the appearance of at least one disease, Marasmius blight, and one insect pest, Eriococcus carolinae. To reduce the danger of plant destruction, it is highly recommended that diversity in the plant mixtures be established by interspersing Sea Oats and Running Beachgrass with the American Beachgrass. In view of the danger and environmental regulations restricting the use of insecticides, development of diverse stands of dune grass is the most effective method of protection. 3.3.1 PLLNTING Dates - American Beachgrass has a fairly wide tolerance -to planting JOHN J HOOTON AND ASSOCIATES WILMINGTON, NC c C I dates and it appears that it could be planted at any time between October and May. However, where full growth is desired November and March represent the limits with earlier dates preferred. Number of stems - The number of stems (culms) per planting hill trill depend upon the objective of the planting for that particular area, the nature.of the site and the rate of growth expected. Single stem plants may be justified in plantings on unexposed areas where little blowing 'sand is likely to be available but in more exposed locations where the object is to trap blowing sand much larger plants would be recommended. Generally, however, for first year plantings where rapid growth is desired on exposed, or protected areas, 3 to 5 stems per planting hill is recommended. Topping - There is no indication that topping or pruning results in any significant advantage in either regrowth or survival. However, if machine planting is to be used some pruning may make it easier to pass the stock through the machine. On the other hand, in critical -areas where rapid sand accumulation is desired, unpruned tops may trap significant amounts of sand before the spring new growth emerges. Densities - On very critical areas plants should be spaced on 18 X 18 inch plots (2.25 square feet). This results in approximately 19,360 plants per. acre. However, in less critical areas if there is adequate fertilization and timely planting spacing may be reduced to 24 X 24 inch plots (4 square feet) and provide vigorous growth and cover. Depth - The base of the plant should be at least 6 to 8 inches below the surface. The sand should be firmed up around the base by tramping with the foot (if hand planting) to avoid excessive drying out to anchor the plant against the wind. JOHN J HOOTON AND ASSOCIATES WILMINGTON, NC. c Clay dipping - Dipping the plant roots in a clay slurry prior to shipping has been proven to be an effective and inexpensive method of protecting plants from dessication under dry conditions. While not necessary under favorable•conditions, it can mean the difference between success and failure and is a precaution that should be taken in all orders. Thinning - Experiments with thinning of American Beachgrass stands show no appreciable effect on stand growth and development. 3.3.2 FERTILIZATION Research indicates that American Beachgrass responds most favorably to applications of nitrogen with little or no response to phosphorus or potash if the soil contains even moderate amounts of these elements. It appears that a fertilizer program consisting of 100-150 lbs. of nitrogen and 30-50 lbs. of phosphorus per acre per year will develop "full cover" (approximately the maximum.growth for this species in the planted area) by the end of the third growing season. Time and Rate of Application - Best results will be obtained if a 30-10-0 mixture is applied in'four separate applications during the months of April, June, August, and September. The September treatment appears to be the most important of the applications from the standpoint of rhizome production the following spring. Applications of approximately 33 lbs: are recommended for the first three periods and 50 lbs/acre for the September period. Maintenance Fertilization - Attempts to push past the "full cover" growth stage may have detrimental effects and a program of decreased fertilization should be followed after maximum growth is achieved. Under a fairly complete canopy recycling of nutrients. would be considerable JOHN J HOOTON AND ASSOCIATES WILMINGTON, NC C C and there is evidence that fertilization can be discontinued entirely for a year with no serious effects. While this is not advisable it is recommended that for the third year only the April treatment be applied. For each year thereafter, applications may be adjusted up or down as growth warrants. 3.3.3 SUIDIARY Recommended Species: American Beachgrass with Sea Oats and Running Beachgrass interspersed to assure diversity and reduce incidence of pest damage. Planting Dates: November to April with months November, December, January, and February recommended. Fertilization: First Year -Heavy nitrogen applications with mixture of 30-10-0 recommended in four equal applications of approximately 200 lbs. per acre per year between April 1-15, May 1-15, July 1-15, and September 1-15. Second Year - Same applications as first year. If especially good growth is achieved only two applications between April 1-15 and September 1-15. Third Year and thereafter - April 1-15 treatment and adjust up or down as growth warrants. Planting: 3 to 5 stems per planting hill, 6 to 8 inches deep covered and firmed to prevent dessication or wind blown. Spacing: 18 X 18 inches '(2.25 square feet) in critical areas. 24 X 24 inches (4 square feet) in non -critical areas. Thinning and Pruning: Unnecessary Clay Dipping: Required for all orders. JOHN J HOOTON AND ASSOCIATES WILMINGTON,'NC MAINTENANCE CALENDAR JULY - AUGUST Survey to locate areas needing replanting or additional fertilization. Check condition of signs and walkways and sand fences. SEPTEMBER 1-15 Refertilization with 30-10-0 pelletized at 200 lbs. per acre NOVEMBER Order plants. JANUARY - MARCH Replant and fertilize bare areas at 18 X 18 densities for critical areas and 24 X 24 for stable areas. APRIL - MAY Make repairs to walkways, ramps, and sand fences. JOHN J HOOTON AND ASSOCIATES WILMINGTON, NC C c C. COST AND SOURCES OF MATERIALS AMERICAN BEACHGRASS Church's Green House and Nursery Old Shore Road, Erma R.D. #1 Cape May, New Jersey 08204 For Hybrid Cape Variety Beachgrass $0.12 per plant to 1,000 plants 70 per 1,000 1,000 - 50,000 plants 65 per 1,000 50,000 and over A plant consisting of three culms (stems), tied' 100 plants per bundle, with tops cut 16" - 18". Two to three weeks notice required for delivery. Mason -Lake Soil Conservation District 102 East Fifth Street Scottville, Michigan .49454 . $25.00 per 1,000 plants (estimated delivery charges of $20.00/1,000) No delivery until spring with delivery of 10,000 plants per week. Van Pines, Inc. West Olive, Michigan 49460 For Dunegrass Amophilia arenaria 8" - 18" stolens $30.00/500 $50.00/1,000 D.M. Bryan - Garner, North Carolina 772-4989 $30.00/1,000 plants plus delivery charges. For orders of 50,000 or more plants will deliver for net price of $25-30/1,000. JOHN J HOOTON AND ASSOCIATES WILMINGTON, NC 1 FERTILIZER. The only local source for mixture of 30-10-0 fertilizer in Wilmington is Pearsall and Company at 4022 Market Street, 762-0389. The price quoted was $200.00 per ton with two to three days at lead time and is available in pelletized form to reduce loss from wind. SAND FENCING Allison Company, Charlotte, North Carolina 1-800-432-6052 4' slats 2" wide bound with wire with 2" centers (untreated "Canadian Cedar") $70.00/100f delivered to Wilmington area 6' "T".posts $2.75 each (recommended for easy installation) Recommend 10' - 12' spacing between posts - estimated labor 50 - 751/foot Contact - Vern Mauldwin SIGNS Art Sign Company - Wilmington - 762-6078 - Contact: Bob Broom #04 grade commercial aluminum signs with factory baked finish; 24" X 36" with one color on white approximately $15.00 each. SIGN POSTS 4 X 4 - 12 osmose treated pine �6.70 each Godwin Lumber Company - Wilmington JOHN J •HOOTON AND ASSOCIATES WILMINGTON, NC TOWN OF KURE BEACH COASTAL AREA MANAGEMENT ACT 1980 LAND USE PLAN UPDATE EXECUTIVE SUMMARY, JOHN 1. 1400TON & ASSOCIATES, WILMINGTON, N.C. I INTRODUCTION In 1974 the North Carolina General Assembly, in an attempt to provide a guide for negotiating an equitable settlement between competing interests for the use of coastal resources, enacted the N.C. Coastal Area Management Act. Consistent with North Carolina's tradition of democratic practice that local governments have the right and responsibility to participate in decisions of more than local significance, the Act combined local and State governments into a land planning process. Central to this process are the local land use plans and the Areas of Environmental Concern (AECs). Local governments are required to develop local land use plans which are to serve as guides to the type and location of future development. Area of Environ- mental Concern are sensitive environmental areas and public trust lands with greater than local significance, such as estuaries, marsh lands, and beaches. These areas are designated by the Coastal Resources Commission (CRC), a 15 member body of predominantly local citizens nominated by local government and appointed by the Governor of the State. Development within an AEC first requires a permit issued under standards set by the CRC. The local land use plans are bound to this permit process by a requirement in the Act that no permit will be issued unless the proposed development is consistent with the land use plan. Thus, in addition to serving as a guide to future development, the land use planning process under CAMA permits local goverments to negotiate their position vrith regard to the use of AECs. All of the cities and counties, including Kure Beach, in the 20 county area covered by CAMA prepared land use plans in 1976. So that changing economic and physical conditions are reflected in the land use plan, local governments are required to update them every five years. This update of the Kure Beach land use plan, originally prepared and adopted in 1976, is a result of this requirement. This plan is not the result of any one individual's effort. It is an expression of the thoughts and feelings of Town citizens and officials about rights and resources that, while within the Town's political lines, are subject to physical and political in- ' fluences largely beyond these lines. It is one of the major purposes of this plan to serve as a point of compromise where these influences may conflict with local policies and needs. PERTINENT DATA The character of Kure Beach's land use pattern is largely controlled by two influences, each providing both hazards and opportunities. The first of these is the Atlantic Ocean which through its exceptional recreational attraction drives the economy of Kure Beach; it also poses a potential danger to life and property because of the possibility of erosion and severe storms. The second major influence is the considerable area within the Town's juris- diction that is owned or controlled by the Federal Government. This consists primarily of lands owned or controlled by the Fort Fisher Air Force Base, about 150 acres, to the south, and the Sunny Point Military Ocean Terminal, about 925 acres, to the west and north. These two major influences, one natural and the other political, effectively "land -lock" the Town's future growth. A third significant factor is the ownership of 150 acres by the International Nickel Company immediately north of the Town's corporate limits, posing even further limits on possible development. Thus, of the approximately 1,800 acres within the Town's jurisdiction almost 70 percent (1,225 acres) is in ownership which precludes future development (except for International Nickel). r Kure Beach's population consists of two major segments - the permanent, year-round population, and the seasonal population. However, in planning for future growth it is the total or peak populations that are important since such critical facilities and services such as water, sewer, fire and police protection must be adequate to handle the additional load on the Town's resources. The permanent population has shown a steady growth since the 1970 Census. During that 10 year interval the Town's population increased from 394 to 546, almost a 40 percent increase. Although this rate of increase is not expected to continue the number of persons almost certainly will. If building trends continue in the ensuing 10 years, it is estimated that the Town will have nearly 600 permanent residents by the year 1990 and a seasonal population of about 4,800, for a total peak population of 5,400 persons. However, because of two possible future developments this figure -may rise even higher because of increase in the permanent population. These two possibilities are the eventual installation of a sewer line along U.S. 421 to Carolina Beach and the possible annexation of the Wilmington -Hanby Beach area contiguous to the northern extraterritorial jurisdiction limits. The increased development due to the availability of sewage disposal facilities and the addition of the residents in the annexed area could add an additional 450 persons to the Town's permanent population by the year 1990. This would result in a total projected permanent population of about 1,050 persons. While Town water and sewer facilities, present and proposed, will be adequate to handle such an additional load these possible future changes must be recognized by both present and future citizens and Town officials as both opportunities and pitfalls for future growth. POLICIES AND LAND CLASSIFICATION Land use policies are central to the land use plan since they not only serve as guides to future development and land use changes but also serve as an expression of Town opinion about land uses permitted within Areas of Environmental Concern. In the former sense they may be used to interpret, but not to override, the more specific standards set out in the Town's ordinances, such as the zoning ordinance. In the latter sense, policies act as a point of compromise between Federal and State agencies and the Town in the consideration of permits, grant applications, or other non -local programs. As required by the guidelines for local planning policies are formulated in three broad areas - public participation, natural resource, and development. The following summarizes these policies within each area. PUBLIC PARTICIPATION It is the policy of the Town to assure that all residents and property owners have equal participation status in land use or other public decisions that affect them. However, while full participation rights shall be afforded to all citizens, the Town's first responsibility shall be to permanent residents. e NATURAL RESOURCE GENERAL DEVELOPMENT POLICY - Land use changes should be permitted and development guided into only those areas where the impact or change will result in a minimum reduction of values represented by natural processes, and where such a reduction occurs the use or development should be permitted only if superior economic and social values to the Town will be created. It is recognized that measuring values represented by natural processes is a subjective judgment and it is therefore the responsibility of the Town Planning Board and Council to make this measurement. SHORELINE MANAGEMENT - It shall be the policy of the Town to institute a comprehensive system of shoreline management that produces the most financially feasible and environmentally acceptable means of protecting and managing the economic and natural values represented in the beach. In furtherance of this policy the following policies are adopted. EROSION CONTROL - Beach renourishment shall be the preferred erosion control measure when it is found to be the most effective and financially feasible method for the Town; however, if renourishment is not found to be the most effective and financially feasible method, alternative methods shall be used. Such methods shall include the maintenance and reconstruction of existing groins and bulkheads as well as their extension if there is a threat to life of property. DUNE MAINTENANCE AND PROTECTION - Dune maintenance and protection shall be used to supplement other erosion control methods and policies. Dune maintenance and protection should include the restriction of pedestrian traffic to designated access points, prohibition of any motorized vehicles on the beach, and carrying out a systematic program of dune vegetation maintenance. DEVELOPMENT URBAN GROWTH PATTERNS - The Town's policy shall be to develop, through its land use policies and ordinances, a growth pattern conducive to development locating within the Town's corporate limits but planned and constructed so as to be consistent with Natural Resources Policies; more specifically, this policy should be construed to mean that development out- side the Town's corporate limits should be less dense than that permitted within the Town's limits unless adequate water and sewage disposal facilities are available. The purpose of this policy is to promote a growth pattern that maximizes the Town's tax base and minimizes fiscal and environmental costs. FINANCING SHORELINE PROTECTION - It is the policy of the Town that the costs of shoreline protection projects should be distributed among the various user -beneficiaries in equal proportion to the benefit received. It is accepted that 1) the geographic diversity and mobility of many of the user -beneficiaries makes equitable allocation of financial responsibility difficult under existing legal alternatives; and 2) that imposition of all costs on local property owners is inequitable and would inevitably result in future land use development contrary to local or statewide objectives. TYPE OF DEVELOPMENT - It is the policy of the Town to permit only those land uses that enhance the Town as a family -oriented community for living and recreation. Examples of land use types consistent with this policy are residential, single and multi -family, tourist oriented businesses, and supporting or service type uses; however, all uses permitted by zoning at the time of adoption of this plan shall be considered consistent with the above policy. Types of uses specifically considered inconsistent with the above policy are manufacturing or industrial uses that would create negative effects on either the Town's economy or Town citizens in the enjoyment of their residences. Examples of such uses are energy facilities, landfills, and military installations involving the storage or handling of explosives. 0 LOCATION OF DEVELOPMENT - It is the policy of the Town to locate development so that it is consistent with local ordinances and state and Federal regulations, further, development shall be consistent with the Natural Resource policies previously stated. The general location of the types of development suggested under -this policy are graphically described in the Land Classification Map. TIMING AND DENSITY OF DEVELOPMENT - The amount and timing of future development are largely the result of market forces unless demand is at an extremely high level. If this were the case these two components of land use could be guided through land use ordinances and utility extension policies. However, under the population and economic growth projections made earlier in this plan, land demand is not excessive at the present time nor is an under - supply projected for the planning period. The policy of the Town is, therefore, to accept projected development at projected market rates and at densities permissible under the current zoning ordinance. LAND CLASSIFICATION A land classification map is intended to serve as a graphic illustration of the Town's adopted policies. However, it should be recognized that land classification is not a regulatory mechanism but only a guide to help implement policies. It provides a framework to be used by the Town to identify future land uses and as a guide to where natural and cultural resources will be conserved. Three classes have been established by the Town for this purpose with several subclasses within each class. The first major class is the Developed class, intended to provide for continued intensive development of • existing areas with established densities and served by major municipal services and facilities. All of the areas within this Town's corporate limits fall within this classification. The second major classification is the Transition class. This class is intended to provide for future intensive urban development on the most suitable lands that are served by necessary public utilities and services. This class has particular significance for Kure Beach since, as discussed under the section on Pertinent Data, much of the future growth ` areas for Kure Beach are controlled by the Federal government. The last major classification is the Conservation class which is intended to provide for effective longterm management of -significant limited or irreplaceable areas. It is generally applicable to major wetlands, undeveloped shorelines that may be hazardous for development, and important wildlife habitat. Each of these major classes and subclasses are dilineated on the Land Classification Map which may be found in the Kure Beach Town Hall. 13