Loading...
HomeMy WebLinkAbout1998 CAMA Land Use Plan Update-1999 Amendments to the Town of Long Beach 1 CAMA Land Use Plan Update Approved by the Town Council on March 16,1999 1. Page 21, policy 2.6, Management of Sand Reserves, change first sentence to read as follows: The existing sand deposits on the north side of the Waterway in the area known as "Yellow Banks" and the sand accumulated as sediment in the community's waterways and creeks are a resource for the Town's beach preservation program. 2. Page 27, policy 5.3.1, Implement Plan for "The Point, " change last sentence to read as follows and add sentence: 1 Management of The Point will continue to accommodate traditional recreational uses of the area —fishing, swimming, shellfishing, walking, and birding. Swimming at the inlet is dangerous and any improvements or programs conducted at the Point will not encourage swimming in this hazardous area. ` 3. Page 78, Public and Semi -Public Uses, change next to last sentence to read as follows: Public boat launch ramps are located at NE 55"' Street, W 391' Place, and W 57t, Place. I4. The attached map, Long Beach Water Bodies, is added as Exhibit 4. I rl I r I �■ �. � s w� s Long Beach Land Use Plan Water Bodies NZE LJI Hill f anis asseeiaas 19" I r I I I r I I I TABLE OF CONTENTS Page Abbreviations E EXECUTIVE SUMMARY Purpose of the CAMA Land Use Plan i The Long Beach Planning Process i Key Findings Population and Economy Land Suitability Water Use iv Land Use iv Community Services and Facilities v Key Planning Issues and Goals vii Synopsis. of Planning Policies for Key Issues viii Estuarine Water Quality viii Second Bridge to Oak Island viii Wastewater Management ix Stormwater Management ix Healthy Beach ix Keeping Long Beach a Great Place to Live x Land Classification System x Implementation Strategy xi INTRODUCTION 1 VISION AND GOALS 2 Our Vision —Long Beach in the Future 2 Planning Goals 4 Resource Protection 4 Resource Production and Management 5 Community Development and Land Use 5 Economic Development 6 Storm Hazards 6 Public Participation 6 POLICIES FOR LAND USE AND COASTAL MANAGEMENT 7 Process 7 Definition of Planning Issues 7 Selection of Policy Alternatives 10 1998-2003 Policies 12 1.0 Resources 12 1.1 Soil Suitability 13 1.2 Wetlands Protection 13 1.3 Water Quality 14 1.4 Tree Preservation 16 1.5 Ocean Hazard Areas 17 0 TABLE OF CONTENTS 1.6 Flood Plains 18 1.7 Historic and Archaeological Sites 18 2.0 Land Use and Development 19 2.2 Residential Land Use 19 2.3 Protection of Homes Along Middleton 19 2.4 Commercial Land Use 20 2.5 Building Heights 21 2.6 Management of Sand Reserves 21 3.0 Transportation 21 3.1 Second Bridge at Middleton 21 3.2 1998 Thoroughfare Plan 22 3.3 Bikeways 22 3.4 Sidewalks 23 3.5 Special Transportation Needs 23 3.6 Airport Expansion 23 4.0 Public Infrastructure 23 4.1 Regional Sewer 23 4.2 Package treatment Plants 24 4.3 Stormwater Management 24 4.4 Water Distribution System 25 5.0 Community Services 25 5.1 Public Safety 25 5.2 Solid Waste Management 26 5.3 Parks and Recreation 26 6.0 Storm Hazard Mitigation, Post -Disaster Recovery and Evacuation Plans 27 6.1 Storm Risk Mitigation 28 6.2 Discourage Development in Hazardous Areas 30 6.3 Strategic Acquisition 30 6.4 Emergency Response Plan 30 6.5 Reconstruction 31 7.0 Continuing Citizen Participation Policies 32 LAND CLASSIFICATION SYSTEM 34 Land Classification -Overview 34 Developed 34 Developed -Residential 34 Developed -Commercial 35 Limited Transition 36 Conservation 37 Coastal Wetlands 37 Estuarine Shoreline 37 Estuarine and Public Trust Waters 38 Ocean Hazard Areas 38 Provisional Conservation ---- "404" Wetlands 38 W TABLE OF CONTENTS PLAN IMPLEMENTATION STRATEGY Introduction Implementation Strategy POPULATION AND ECONOMY Population Population Growth Trends and Estimates Population Characteristics Housing Characteristics and Trends 1990 Housing Characteristics Building Permit Trends Local Economy Income Employment Local Business Anticipated Economic Changes Population Projections Housing Need Projections Summary LAND SUITABILITY Hazard Areas Soils Slope Shoreline Areas with Erosion Potential Fragile Areas—AEC's The Estuarine System Ocean Hazard Areas Sensitive Habitats —Priority Natural Areas and Maritime Forest Historic and Archaeological Sites Summary of Findings WATER AND LAND USES Water Uses Watersheds Water Quality Use Classes Use Support Closed Shellfishing Areas Summary Land Use Introduction Residential Land Use Commercial Uses Public and Semi -Public Uses Developing Areas r-73 40 40 40 47 47 47 49 50 50 52 53 53 53 55 56 57 58 59 61 61 62 63 64 64 64 67 71 71 71 71 71 72 72 73 73 74 76 77 79 C TABLE OF CONTENTS Watershed Land Uses 80 Land Use and Storm Risk 81 Projected Land Needs 81 Anticipated Land Use Changes 82 Summary of Existing Land Use 82 COMMUNITY SERVICES AND FACILITIES 84 Water Service 84 Wastewater Treatment 87 Stormwater Management 87 Transportation 88 Public Safety 89 Police 89 Fire . 90 EMS 91 Parks and Recreation 92 Administration 92 CURRENT PLANS AND POLICIES 95 Zoning Ordinance and Map 95 Subdivision Regulations 95 Flood Damage Prevention Ordinance 96 Sand Dune Protection Ordinance 96 Stormwater Ordinance 96 1993 CAMA Land Use Plan 96 Ocean and Estuarine Access Plan 96 Second Bridge Corridor Plan 97 Management Plan for "The Point" 97 EXHIBIT 1. CITIZEN PARTICIPATION PLAN 98 EXHIBIT 2. EVALUATION OF EXISTING POLICIES 104 EXHIBIT 3. CAMA AEC LAND USE STANDARDS List of Maps after page Map 1. Land Classification Map x Map 2. Storm Inundation Areas 61 Map 3. Flood Plains and High Hazard Flood Area 61 Map 4. Soils 63 Map 5. Coastal Wetlands and Estuarine Waters 65 Map 6. Priority Natural Areas 69 Map 7. Existing Water Uses 71 Map 8. Generalized Land Use Patterns 74 Map 8A. St. James Development 80 Map 8B. Comparison of Land Use and Flood Hazard Areas 81 Map 9. Proposed Transportation Improvements 89 D t ' ABBREVIATIONS W 404 Wetlands ACOE Non -coastal wetlands under the regulatory control of the ACOE US Army Corps of Engineers CAMA Coastal Area Management Act of 1974 CBD Central Business District; downtown ' CON Conservation Land Classification CRC Coastal Resources Commission; the policy -making body charged with implementing CAMA ' DC Developed -Commercial Land Classification DR Developed -Residential Land Classification EMS Emergency Medical Service ETJ Extra Territorial Jurisdiction; the area outside of the municipal boundaries where cities and towns are authorized to enforce ' building and development codes FEMA Federal Emergency Management Administration GPM Gallons per minute HQW High Quality Water; waters rated as excellent based on biological and physical characteristics ISO Insurance Service Organization; rates the efficiency of fire departments and water supply for fire fighting LCFWSA Lower Cape Fear Water and Sewer Authority LUP Land Use Plan MGD Million gallons per day NCDOT North Carolina Department of Transportation PNA Primary Nursery Area SA Water quality classification for tidal salt water assigned by North Carolina Environmental Management Commission; waters are managed for commercial shellfishing and all other tidal salt water uses TIP Transportation Improvement Program adopted by the Department of Transportation r I 1 r EXECUTIVE SUMMARY i PURPOSE OF THE CAMA LAND USE PLAN The Town of Long Beach's 1998 CAMA Land Use Plan Update is a set of policies that will guide the development and use of the town's water and land resources during the 10-year planning period. The plan looks at land suitability and the capacity of the Town's existing services and facilities, such as water supply and public safety services, to determine how well the town can handle projected growth. The plan also examines natural resources, natural hazards, and water quality. The resulting Land Use and Coastal Management Policies provide a roadmap for protecting these resources and assets while at the same ' time accommodating the town's projected growth. The Land Use Plan will perform several functions in the community. The plan will provide guidance to public officials in decisions concerning land use regulation, plans for public facilities and services, issuance of permits, and day -today decision -making. Developers and property owners will also use the plan to guide decisions about development and use of their land and to anticipate action by government. At the state and federal level, consistency is a major purpose of the ' land use plan. Essentially, the federal consistency requirement means that all federal agencies must ensure that their permits, licenses, and financial assistance are consistent to the maximum extent practicable with approved land ' use plans. In addition, the plan contains a wealth of information regarding population and economic trends, land and water use, natural resources and land suitability. THE LONG BEACH PLANNING PROCESS Citizen involvement is central to the Long Beach Land Use Plan. At the beginning of the planning process, the Town Council appointed a nine -member ' Steering Committee to oversee development of the plan. The Committee Members represent a cross-section diverse of interests in the community, including the Planning Board, key Town committees, real estate interests, and the general community. The Steering Committee played a central role in development of the plan —identifying planning issues, drafting the vision and ' goals, evaluating existing policies, making sure that planning information base is accurate, and drafting land use policies. The Steering Committee met 10 times to carry out these responsibilities. Community meetings were the essential citizen involvement tool for the plan. A total of four community meetings were held during the planning process. Two meetings were held to identify planning issues and to evaluate existing policies. Two meetings were held to review the planning information base, the vision and goals, and the draft land use and coastal management policies. The Steering ' Committee ensured that input from the public became a central part of the plan. EXECUTIVE SUMMARY ii , KEY FINDINGS The Planning Information Base established as part of the planning process includes four major components: population and economy, land suitability, and water and land uses. The key findings in these areas are summarized below. Population and Economy • Long Beach's population is growing rapidly. Between 1980 and 1990, the permanent population grew by 107%. During the 1990s, population grew by 43% with an estimated 1997 population of 5,441. • The seasonal population is growing along with the permanent population. In 1990, the seasonal population was approximately 16,647. Estimates indicate that it increased to 18,419 between 1990 and 1997. Importantly, the ratio between seasonal and permanent population is declining. In 1990, there were approximately 4.4 seasonal residents for one permanent resident. By 1997, this ratio declined to 3.4. • The permanent population's age is changing. Population in the 45 to 54 age group increased by 174% between 1980 and 1990. This increase may be related to early retirement, but it may also be related to an increase in the number of people who live in Long Beach and work in regional businesses. The 65 years and over age group had the second highest increase. This increase reflects the town's growing retirement population. • Long Beach residents tend to be better off financially than the rest of Brunswick County. The town's 1990 median income of $27,027 was higher than the county's. Also, the town's unemployment in 1990 was significantly lower than the county. • Based on business licenses, local business experienced major growth between 1993 and 1997. Estimates show an increase from 551 businesses operating in Long Beach in 1993 to 719 businesses in 1997. • Most people are employed in retail and services, which account for one-half of the jobs. Communications and utilities employ the third largest number of workers-14.2% of the total. • The permanent population is expected to increase from its current level of 5,441 to 8,500 in 2008—a 56% increase for the ten-year period. The seasonal population is projected to grow from approximately 18,400 to 37,000 in 2008. Year 2000 1 2005 1 2008 Permanent Population Long Beach 6,3001 7,7001 8,500 Seasonal Population Long Beach 21.4001 26,2001 28,900 Total Population Long Beach 27,7001 33,9001 37,400 rJ I II I I' n L_J 7 11 F_I 11 EXECUTIVE SUMMARY iii Land Suitability The purpose of the land suitability analysis is to determine the ability of the land in the Long Beach planning jurisdiction to support different types of development, without exposing life and property to unreasonable risks and at the same time protecting the productive and scenic values of its resources. • All of the developed and undeveloped land in Long Beach is vulnerable to hurricanes. The lowest level storms will inundate the beachfront area, the low-lying area between the beachfront and the margins of Davis Creek, and areas along the waterway. The highest level storms, Categories 4 and 5, wilt, inundate the entire island and the extra territorial jurisdiction. Construction standards and development patterns and intensity must recognize the risks and hazards in these areas. • The most significant manmade hazards are the CP&L nuclear generating plant and the Sunny Point ammunition storage depot, both located near Southport. Safeguards are in place to ensure adequate responses to any emergencies at these facilities. All of the soils in Long Beach are rated as having severe limitations for septic tanks. Without a central wastewater treatment system, property owners and developers must proceed with caution. The estuarine system, which includes coastal wetlands, estuarine waters, and the estuarine shoreline, contributes enormous values to the quality of life enjoyed by the town's residents and visitors. These resources also present a significant constraint to development. These sensitive areas "could be easily damaged or destroyed by inappropriate or poorly planned development." Conservation is the primary management objective in these resource areas. Ocean hazard areas include three categories of land: the ocean erodible area, high hazard flood area, and the inlet hazard area. These lands are located along the town's beachfront and at the Lockwoods Folly Inlet. Due tc their vulnerability to erosion or other adverse impacts of sand, wind, and water, uncontrolled or incompatible development in these areas could unreasonably endanger life or property. The town's extra territorial jurisdiction (ETJ) contains large areas identified as priority natural areas by the NC Natural Heritage Program. These areas have either state or national significance due to their natural diversity and the occurrence of rare plant and animal species, rare or high quality natural communities, and geologic features. These areas are located in the western end of the ETJ near Sunset Harbor. The Boiling Spring Lakes Wetland Complex is located just north of the ETJ. To protect these areas, site planning needs flexibility to design around them and organizations and agencies need to be identified to own and/or manage them. 1 EXECUTIVE SUMMARY Water Use 1V , All of Long Beach's surrounding estuarine waters are classed SA. This designation is assigned to waters used for shellfishing. By definition, waters classed as SA are also given the class of High Quality Water (HQW). HQWs are afforded special protection --protection from erosion and sedimentation during construction on adjacent land, limits on wastewater discharges, and restrictions on lot sizes. The NC Division of Water Quality's Basinwide Plans show that all of these waters are designated as partially supporting. This means that water quality is not high enough to support one or more of the classified uses of the water These plans indicate that the primary source of water quality impairment in these waters is stormwater runoff, septic tanks, and marinas. Due to poor water quality, extensive estuarine water areas are closed to shellfishing--the Waterway in the northeastern sector and at the western end of the island; most of Davis Creek; and the headwaters of the Elizabeth River. Land Use Most lots in Long Beach are small (55' by 120') and nearly the entire town has been subdivided. With soil limitations and small lots, development without central wastewater treatment has the potential for continuing septic tank failures. Eastern Long Beach, the area generally east of 65"' Street East, is one of the two most densely developed areas. Land uses include a mixture of mobile homes and single-family homes. Lots in this area are small--6,600 square feet —and approximately 80% of the 1,100 lots are developed. It is one of the lowest -lying areas in the town and septic tank failures are not uncommon. Mid- and West Town, which lies west of 65v' Street East on both sides of Oak Island Drive, is an area of small lots that is developed at a moderate level. This area contains lots in the range of 6,000 to 8,250 square feet. The area contains an estimated 11,250 lots and well over'/of these lots are vacant. However, this area contains some of the better soils in the planning area. Beach Area, including beachfront area and north to Davis Creek, is a second highly developed section. On the oceanfront, there are an estimated 720 lots of which 90% are improved. North of the oceanfront, approximately 50% of the lots are improved. Commercial Uses are generally concentrated in a strip along Oak Island Drive between 64`" Street and 47'" Street East and an extension south to the beachfront area. These commercial areas are poorly planned with I EXECUTIVE SUMMARY v I I 1 continuous driveway cuts that contribute to pedestrian safety and traffic congestion. Parking is frequently inadequate and it is poorly organized. On - site signs are a problem in terms of number and size. New Developing Areas are located in -town and in the extra territorial jurisdiction on the mainland. The two in -town areas are at The Point and in the area south of Oak Island Drive between 59 h Street and 74w Street East. Development at The Point is on large lots —approximately 0.6 acres; development in the eastern area has smaller lots of approximately 7,200 square feet. The lots at The Point are in one of the most fragile areas on the island. Storms once cut an inlet just to the east of this location and the Lockwoods Folly Inlet, while relatively stable, is subject to migration to the east ' The third developing area is located in the ETJ at St. James Plantation. This is a mixed -use golf resort community. Single-family lots are approximately 0.33 acres. However, with golf courses and other site amenities, the overall density of this development is much lower. St. James is probably the development model for the mainland for the planning period. Community Services and Facilities • Long Beach currently purchases treated water from the Brunswick County system that has a capacity of 24 million gallons per day (MGD). In 1997, the average daily consumption of the Town's system was 0.7 MGD and the peak consumption was 1.34 MGD. The peak occurred in July, which coincides with peak visitor season. Consumption trends indicate that normal water use and peak use are moving together. This supports the belief that the gap between permanent and seasonal population is declining. Comparison of Peak and Normal Water Usage A 1400.0 v 1200.0 r • c 1000.0 800.0 tOff-season o 600.0 -IF- Peak season m 400.0 • 200.0 a 0.0 1993 1994 1995 1996 1997 Year • The Town does not have a wastewater treatment system and each year there are septic tank malfunctions. There are nearly 7,000 vacant lofs EXECUTIVE SUMMARY Vl , remaining. These lots are generally 6,600 square feet. Continued development will, at some point, lead to ground saturation and require a decision regarding a slow growth policy or a central sewer system. Current land use policy commits the Town to a central sewer system. Serious drainage problems are the result of the town's relatively flat topography and a high water table in some areas. In addition, stormwater runoff is contributing factor to water quality problems. The Town enforces a stormwater ordinance that requires appropriate stormwater management methods in new development. However, there is no comprehensive stormwater management program that addresses a drainage system and improvements to existing discharges. The original lot layout produces a significant amount of the town's traffic problems. Oak Island Drive is the only adequate east -west traffic corridor. As a result, this artery is over -loaded during the peak season. The Town recently adopted the Oak Island Thoroughfare Plan prepared by the NCDOT. This plan includes construction of the Second Bridge, widening of East Oak Island Drive, driveway access improvements in the commercial strip, and expansion of the bike system. Public Safety services include a full-time professional police department, a combination professional -volunteer emergency medical service, and a volunteer fire department. Comparison of Public Safety Calls with Population-1993-97 d 6000 5000 �-police Calls d 4000 -e-EMS Calls y 3000 a 2000 -*-Fire Calls 1000 -$-Population R v 0 Year Police staffing totals 18 sworn officers-3.5 officers per 1000 permanent population. To maintain this ratio, the Town will need to add 10 officers during the planning period to accommodate projected population growth. While emergency medical calls have been steady during the last 5 years at approximately 500 calls per year, it is expected that calls will double during EXECUTIVE SUMMARY vii the planning period. In all probability, additional paid staff will be required to handle the additional workload. ' Fire calls remained steady over the past five years at approximately 60 calls per year.. This follows a national trend for lower calls resulting from improved ' construction, public education, and warning and safety devices. Equipment will need to be replaced and station location must be studied to maintain acceptable response times. KEY PLANNING ISSUES AND GOALS ' Based on evaluation of current planning policies, the planning information base, and input from the public, the Steering Committee concentrated on six over- arching issues for the ten-year planning period. ■ Restoration of water quality in the estuarine waters. Water quality is essential to the quality of life enjoyed by residents, property owners, and visitors. All of the estuarine waters are classed as partially supporting. The 1 long-term goal is to restore water quality so that all waters are supporting. Significant near -term progress can be made in restoring water quality in Davis Creek. ■ Construction of the Second Bridge to Oak Island. This facility will result in improved levels of service on the existing road system and will improve access onto and off the island, greatly reducing the risks associated with natural disasters and a possible accident at the Brunswick Nuclear Plant. ■ Improved management of wastewater. Long Beach is fully developed with small lots. While septic tanks are permitted, all of the soils in the Town are marginal for septic tanks. Chronic septic tank malfunctions are not uncommon. Basinwide water quality plans indicate that septic tanks and stormwater runoff are the major contributing factors to water quality problems. Improved wastewater management is a key element in a comprehensive strategy to restore water quality. ■ Improved management of stormwater runoff. Stormwater management goes hand -in -hand with wastewater management in water quality improvement. The basinwide plans cite runoff as a key contributor to water quality problems in the coastal waters around Long Beach. An increase in ' runoff may be a secondary impact of a central sewerage system that makes formerly unbuildable lots buildable. The result will be more impervious surfaces and more runoff. ■ Maintenance of a healthy beach. The health of the beach system —well established and continuous vegetation; dune height, width and continuity; and beach width —along with the type of development present determines the risks from storms. A recent shoreline analysis indicates that the characteristics of the beach system in middle and east Long Beach present ' extreme risks. Maintaining and restoring the health of the beach system is the island's best line of defense against storms. A healthy beach also EXECUTIVE SUMMARY reduces the potential for storms to damage the coastal ecosystem of the Davis Creek Complex. Keeping Long Beach a great place to live and visit. Typically, this issue is stated as "maintaining a small town atmosphere." SYNOPSIS OF PLANNING POLICIES FOR KEY ISSUES Estuarine Water Quality Policies designed to maintain and restore estuarine water quality include protection of coastal and freshwater wetlands, protecting the waters from development activities and uses that would reduce quality, and improving the quality of stormwater runoff. • Restricting uses in coastal wetlands to those that meet CAMA use standards and taking steps to protect the wetlands from damage during the development process on adjacent lands. • Encouraging and permitting flexible site planning where freshwater wetlands are present to encourage preservation and promoting preservation of high quality wetlands through management/ownership by appropriate public or non-profit organizations. • Supporting maintenance of an appropriate vegetated buffer along estuarine waters. • Requiring development activities to use best stormwater management practices to protect estuarine water quality. • Discouraging any development activity in the estuarine shoreline that would materially degrade water quality. SECOND BRIDGE TO OAK ISLAND The Town's policies recognize the need to construct the Second Bridge at Middleton Avenue and its access road to protect the capacity of the existing street system and to facilitate an evacuation of the island when that need arises. Ensuring the Second Bridge Project is approved with the bridge located at Middleton where it is consistent with the Town's original plan and will involve minimal disruption to environmental resources. Preferred alignments are A, B, or C in the NCDOT's environmental assessment. Working with the NCDOT to protect the homes and residential property along Middleton from additional traffic related to the bridge —buffering and possible acquisition. I l EXECUTIVE SUMMARY ix • Working with Brunswick County to implement the Second Bridge Corridor Plan that will ensure appropriate land development and uses associated with the new access road and that will protect the area's sensitive environments. ' Wastewater Management The Town will continue working toward a cost-effective regional wastewater ' treatment system that may include the County, Yaupon Beach and Caswell Beach, and other municipalities and agencies. ' • Ensuring system design and operation support the objective of restoring the health of the community's surface waters. • Making replacement of existing septic tanks a system priority and requiring ' septic tank -owners to connect. • Ensuring that extensions of the sewer system are consistent with the Town's ' Land Use and Coastal Management Policies by adopting a sewer extension policy. 1 I I 1 1 r Stormwater Management The Town will develop a comprehensive stormwater plan and program that addresses both quality and quantity of runoff. The program will focus on new development, existing stormwater discharges, and the possible secondary development impacts of a central sewer system. • Seeking assistance for development of a comprehensive stormwater management program concurrent with the regional wastewater system. • Continuing to require new development to use best management practices through the Town's stormwater ordinance. • Reducing flooding and improving runoff water quality from existing discharges by retrofitting facilities where feasible. • Gaining assistance of property owners through management of vegetation, fertilizers, and lawn chemicals. Healthy Beach The Town's overall beach policy is to implement a comprehensive management strategy that protects the resources in the beach area for long term use and enjoyment of residents and visitors and that protects residents and properties from the destructive forces of coastal storms. • Implementing a beach restoration and renourishment project in cooperation with neighboring communities. • Limiting development intensity in the beach area to minimize unreasonable risk. EXECUTIVE SUNEVIARY 1 Acquiring property where feasible to further the policy of protecting the beach system and adjoining properties from storm damage —acquisition of The Point is an element of this policy. Working cooperatively with the Beach Preservation Trust and the Erosion Control Committee to implement funding and education programs, conduct annual beach maintenance, and identify and test new techniques for beach and dune preservation. Keeping Long Beach a Great Place to Live Land use policies guide development in such a way that the Town's natural resources are preserved and its small town atmosphere is maintained. The essential aspects of small town include small buildings, traditional streets with sidewalks and street trees, compact commercial area, ability to walk or bicycle to major destinations, easy access to the beach, and low to moderate development density. • Encouraging new development patterns that are sensitive to the natural features of the community —wetlands, rare forest communities, hazard areas and so on. • Maintaining primarily low to moderate density single-family residential land uses. • Encouraging commercial development to locate in existing nodes and buffering surrounding land uses by transitional office and institutional uses. • Containing recreational and tourist -oriented uses to the appropriate sections of the beach area and ensuring that these uses do not evolve into an over - commercialized beach environment. • Recognizing the importance of boating and allowing marinas and dry storage facilities with appropriate conditions. LAND CLASSIFICATION SYSTEM The coastal management Land Classification System is a means of assisting in the implementation of Long Beach's land use plan policies. It allows the Town and its residents and property owners to specify those areas where certain policies apply. The Land Classification System is intended to complement the Land Use and Coastal management Policies and is supported by the Town's locally adopted codes and programs, such as zoning, subdivision regulations, and capital investment plans. Even though specific areas are outlined on the Land Classification Map, the map is not a regulatory mechanism like the zoning map. It is simply a tool to help visualize and implement policies. In Long Beach, three land classifications apply: Developed, Limited Transition. and Conservation, which is divided into the Provisional subclass to designate "404" wetlands. These classes are depicted on The Land Classification Map. O O w � 0 p. f `O 11"Im,ow 0 i u m ' EXECUTIVE SUMMARY xi IMPLEMENTATION STRATEGY Some of the policies contained in the plan are benchmarks that will be used to ' guide the many land use and coastal management decisions that will be made in the community over the next five years. Other policies will require action by the Town for implementation. These actions are contained in an twelve -point implementation strategy. 1. , Continue to enforce local codes on building and development. ' 2. Implement a local CAMA development permit program. 3. Review current building and development codes for consistency with ' 4. land use policies. Initiate planning for wastewater system. 5. Develop comprehensive stormwater program. ' 6. 7. Develop water quality improvement plan for Davis Creek. Seek approval of the Second Bridge Project. 8. Implement the management plan for The Point 9. Implement the beach preservation plan. ' 10. Develop a Central Business District Plan. 11. Prepare an owner's manual for property residents, property owners and visitors. 12. Continue Town efforts to acquire and develop boat access facilities. rj Li I E 1 ' INTRODUCTION I The Coastal Area Management Act of 1974 (CAMA) required the State of North ' Carolina and local governments in the coastal area to establish a cooperative program of coastal land and water management that includes preparing, adopting, and enforcing local land use plans. In carrying out this mandate, the Coastal Resources Commission finds ' "that land use planning offers the best chance for developing a common vision and goals for the future that balance the economic development and resource protection for a ' healthy coast." The Long Beach Land Use Plan is an official policy document recommended by the Planning Board and adopted by the Town Council. The Plan is a set of long-range policies that provide general guidelines for making decisions about land use issues and ' projects that affect the town. The Plan is also designed to ensure that state and federal decisions concerning funding and permits are consistent with the vision, goals, and policies of the Town of Long Beach. ' Public participation is a central theme of the Long Beach land use planning process. The ideas, opinions, and advice of the residents, property owners, and visitors have substantially shaped the vision, goals, and policies contained in the plan. The Land Use ' Plan Steering Committee, appointed by Town Council and representing a range of interests, provided oversight for the public participation process. The process included a series of four community meetings. Participants at the first two meetings identified "the ' things that they loved about Long Beach and would not want to change" and "the things that they would like to change," and they evaluated the Town's 1993 land use policies. At the second meetings they reviewed the planning information base and evaluated the proposed preliminary draft 1998 policies. ' The Plan is divided into the following major sections: Executive Summary Vision and Goals Coastal Management and Land Use Policies ' Land Classification Implementation Strategy Population and Economy ' Land Suitability Water and Land Uses VISION AND GOALS PLANNING VISION How wonderful are islands! Islands in space like this one I have come to, ringed by miles of water... An island from the world and the world's life. "Gifts from the Sea" Anne Morrow Lindbergh Our Vision —Long Beach in the Future Our community is renowned for its natural beauty and quality of life. The Old Town's scenic nature is defined by the Atlantic Ocean bordered by splendid broad, accessible beaches and our beautiful, clean coastal waters ringed by bountiful wetlands and forests ... The New Town on the mainland is characterized by low density development in a mosaic of preserved open space. The Parkway that leads to the bridge at Middleton passes through village clusters and is bordered by a scenic natural corridor. Long Beach is a city but it retains its small town character and charm. It retains its family atmosphere, both for year-round residents and its seasonal residents and visitors. Long Beach is a community —not a resort, but it welcomes visitors and treats them the same as residents. There are no buildings taller than two or three stories. Use of the land on the island continues with the patterns set by the town's founders mall lots and single-family homes. In response to the sensitive environments located there, development on the mainland is at a much lower density than on the island, even though there are "clusters" of higher density development. Trees dominate the landscape —residents preserve trees on private property, streets are lined with mature trees, and parking lots are softened with many trees and shrubs. Our commercial areas are compact. Mostly local people who know and serve their neighbors own the businesses. Commercial areas on the island continue to cater to the needs of year-round and seasonal residents, but the community is careful to avoid the "boardwalk -type" commercial development. Convenient shopping centers on the mainland provide a broad range of shopping opportunities for all residents and visitors. There are a variety of housing types to meet the needs of our people —year-round residents, visitors, seasonal residents, retirees and working families. Yet, most residences are single-family. Sidewalks interlace the community enabling residents to pick walking. biking, or driving to get around. The Town protects its coastal lifestyle by preserving its natural resources. Coastal wetlands are protected from harmful development. Fresh water wetlands and upland swamps are intact and continue to store and clean water and provide habitat for a rich diversity of plants and animals, including rare and endangered species. Surface waters ' VISION AND GOALS 3 ' are clean because they are protected from damage by stormwater runoff or polluting discharges. The waters in Davis Creek are clean and they are a haven for fish, shellfish. birds, and a variety of wildlife. Active and passive recreation opportunities abound for everyone —children, teens, adults. and seniors. The Recreation Center is the focal point for the Town's recreation and leisure programs, offering a full range of recreation, social, and cultural opportunities for residents and visitors alike. Special attention is given to the recreational needs of the ' community's teens and its seniors. Community and neighborhood parks provide opportunities for an abundance of outdoor activities. ' The Town's environmental preservation and conservation philosophy is evident in the numerous parks and open spaces that are carefully placed in environmentally sensitive areas. All of the Town's facilities are universally accessible. The public areas at The Point are the flagship for these efforts —easy access for fishing at the Inlet and Montgomery Slough, access to the Ocean, and opportunities for nature study. Long Beach continues to lead in providing easy public access to its beaches and the Ocean n:th ' convenient, well -maintained restrooms, showers, and parking. Boat, canoe, and kayak access to the Waterway, Davis Creek, the creeks, and sloughs makes it easy for residents ' and visitors to enjoy fishing, shellfishing, and boating. The system of sidewalks and bike trails makes safe walking and biking available to all. Excellent community services support the quality of life offered by Long Beach to both year-round and seasonal residents. The Town cooperates with the region to provide comprehensive solid waste management services including recycling and disposal in st<te of the art facilities. All properties in the town are served by a central wastewater collection and treatment system. The treatment system is designed with the goal of restoring and maintaining the health of the town's surface and ground waters. The Tons ' continues to ensure that all residences and businesses are served with high quality drinking water in sufficient quantities and pressures to meet community needs. The Town's stormwater management system minimizes most of the community's drainage problems while protecting the quality of the surface waters. A responsive town government keeps taxes and fees to support these services within the reach of all residents. ' The town's transportation system still accommodates the automobile with the Second Bridge and a major artery connecting the island and the mainland to the regional highway system and with major east -west connectors on the island and the mainland. Access or the mainland is improved with interconnected streets and ample connectors. Auto transportation is supplemented by a major bicycle system that includes paths, bikeway s. and trails. The bicycle system connects residential areas with conimercial areas and recreational areas so that biking is an alternative to driving. The sidewalk system allows residents to satisfy many of their daily needs by walking. 1 In this plan, Davis Creek refers to both Davis Canal and Davis Creek. VISION AND GOALS 4 Long Beach is a safe place to live and visit. The police are active in the community, supporting civic organizations, working with youth, and focusing on crime prevention. The Town maintains an adequate number of well -trained police officers and animal control officers to respond quickly to any need. The Fire Department maintains its cloy: tie with the community through an active volunteer component supplemented by full t-_e professional firefighters. The Town ensures that the Department is well equipped and that it can respond to emergencies within acceptable time limits. Fire safety is enhance:: by mutual aid agreements with other departments in the region. Emergency Medical Services are provided by the Rescue Squad, which is capable of providing state -of -the-_. life support services. Recognizing that storms are a dangerous aspect of coastal living-. the Town takes all practical steps to protect people and property from unreasonable ri='. The local economy is still focused on retirement, resorts and tourism. The retail and service sectors are the major employers and they are diversified to meet the needs of the town's growing year-round population and its seasonal visitors. While Long Beach is home to many families who are employed in manufacturing, public utilities, and medic_ services, these people travel outside of the town to their jobs. Long Beach values the opinions of its residents, property owners, and visitors and involves them in decisions regarding the town and its future. The community also Nvof L; to embrace new residents as quickly as possible. VISION WITHOUT ACTION IS MERELY A DREAM... ACTION WITHOUT VISION MERELY PASSES TIME... VISION WITH ACTION CAN CHANCE THE WORLD. The Centre Region Comprehensive Play: Centre Region, PA PLANNING GOALS The Vision describes the type of community that Long Beach's citizens are striving to create. The next question that must be asked is "What are the most import..-: things that we must do to get there?" The goals described in this section provide the overall direction to achieve the community's Vision. The goats are focused on the priority needs and opportunities the will be addressed during the 10-year planning horizon. Resource protection o Restore and maintain a healthy beach. o Make measurable improvements to the quality of the estuarine waters that surround the town. I I 1 1 k 1 1 VISION AND GOALS ❑ Prevent damage to the coastal wetlands and high -value freshwater wetlands. o Guide development and use of the land in a manner that protects the intrinsic values of the town's natural environment. o Maintain an appropriate balance between needs of the local economy and the requirement for a healthy environment. Resource production and management ❑ Support and sustain the town's commercial and recreational fisheries as essential components of the local economy and a vital part of the coastal lifestyle. ❑ Manage the community's lands that are best suited for development in a manner that optimizes their benefits to owners and residents and that minimizes negative impacts on environmentally sensitive lands. Community development and land use 5 o Grow in a way that preserves Long Beach's small town qualities and maintains access to the amenities of the coastal environment • manage the timing of growth and development to coincide with the availability of community services and facilities. • protect the residential character of Long Beach. • provide for a range of affordable housing types to serve a diverse community. • develop pedestrian and bike -friendly streets. • maintain attractive, community -oriented commercial areas. • continue improving access to the beach and estuarine waters. o Develop an integrated transportation system that reduces traffic congestion on the town's main thoroughfares, reduces neighborhood traffic, and increases opportunities to walk and bike to satisfy daily needs. ❑ Maintain a water distribution system that is capable of providing all properties within the town and its service area with a safe, reliable, and affordable source of drinking water and water for fire protection. o Develop a wastewater collection and treatment system that incorporates advanced and reliable design and technology to ensure protection of the tow is waters and sensitive lands —highest feasible level of treatment and "no spills" are the aims of this system. o Provide the range of community services required to support a high quality of life in a growing community, to ensure that the services are affordable for the town's ' residents, and to deliver the services in a customer -oriented manner- 1 VISION AND GOALS 6 1 maintain a safe community with police, fire, and emergency medical services with personnel who have advanced training, state of the art equipment, and the ability to respond rapidly to emergency. present a variety of recreational and cultural opportunities geared to the needs of all Long Beach residents with continued focus on seniors and new focus on the needs of teens. Economic development ❑ Continue supporting a family -oriented community and expanding the employment opportunities in retail and services to support year-round residents and seasonal visitors. Storm hazards ❑ Minimize the damage and disruption that storms can inflict on Long Beach. • maintain a "healthy" beach with stable dunes and a wide beach. ensure safe construction through the Town's building codes program. Public participation ❑ Continue promoting volunteering as a beneficial means of involving Long Beach residents in their government and in the life of the community.. ❑ Increase the effectiveness of the Town's land use planning process through regular involvement of the town's residents and property owners. ❑ Enlist the participation of residents, property owners, and visitors in maintaining and enhancing the town's quality of life through an education program linked to an "owner's manual" for Long Beach. POLICIES FOR LAND USE AND COASTAL 7 MANAGEMENT DEFINITION OF PLANNING ISSUES -CITIZEN PARTICIPATION ' PROCESS Process 1 The Land Use Plan Steering Committee is charged by the Town Council with responsibilin for guiding the Land Use Plan Update for Long Beach. The Steering Committee's nine members represent diverse interests in the community. The Committee held ten meetings to identify planning issues, evaluate current planning policies, review planning base information. and to develop a draft vision, goals, and planning policies. These meetings were advertised and were open to the public. The Steering Committee also held four community meetings to allow citizens and propert}- ' owners express their opinions about the future of Long Beach, to evaluate current planning policies, and to receive public input on planning base information and the committee's draft policies. Two of these meetings were held on Saturday to allow more residents and out-of- town property owners to attend. ' The Committee also held a joint meeting with the Planning Board and the Town Council to review planning base information and to review and receive input on the draft policies. ' The input received from the public and the experience of the Steering Committee are reflected in the planning vision, planning base information, and the policies for land use and coastal ' management. ' Definition of Planning Issues ' Based on evaluation of current policies, the planning information base, and input from the public, the Steering Committee concentrated on sic over -arching issues for the ten-year planning period: • Restoration of water quality in the estuarine waters. Long Beach recognizes the the coastal lifestyle enjoyed by its residents, property owners, and visitors is based tc a major extent on clean waters. All of the estuarine waters in the Planning Area are ' .. classed as non -supporting with regard to the SA use classification. Therefore, lone 1 POLICIES FOR LAND USE AND COASTAL MANAGEMENT term action is needed to restore water quality to the point where all of the waters are supporting. 8 1 Restoration of the quality of these waters requires a comprehensive systems approach that addresses numerous elements of the town's natural and manmade systems. It also requires a multijurisdictional approach with federal and state agencies and other local governments as partners. The on -going Lockwoods Folly Basin Study conducted by the Corps of Engineers can provide overall direction for this effort. The Davis Creek Complex, which includes Montgomery Slough, is a system where the Town can make significant near -term progress in restoring water quality. Water qualityin Davis Creek has a major impact on the town. The Creek system runs through the heart of Long Beach. A majority of the town's coastal wetlands are pan of the Davis Creek Complex. In addition to its biological and aesthetic values, the Creek offers a variety of recreational opportunities, including boating, fishing, and shell fishing. The strategy for improving water quality in the Davis Creek Complex will be multi -faceted and must be developed on a property -by -property basis. According to applicable basinwide water quality management plans developed by the NC Division of Water Quality, water quality problems in estuarine waters stem from stomrwater runoff septic tanks, and marinas. Eliminating these root causes requires action on several fronts: developing a centralized wastewater treatment, implementing comprehensive stormwater management for new development, retrofitting existing point and non -point stormwater sources to improve water quality, discouraging development on unsuited soils, and protecting water quality at existing and new marinas and boat access facilities. All of these steps are addressed in the planning policies. The plan includes a schedule for implementation. Time and money are required. Construction of second bridge to Oak Island. The second bridge is a high priorin transportation improvement for Long Beach and Oak Island. This facility will result in improved levels of service on the existing road system and will improve access onto and off the island. The second bridge will greatly reduce the risks associated with natural disasters and a possible accident at the Brunswick Nuclear Power Plant or at Sunny Point Military Ocean Tentninal by making it easier and safer to evacuate the island. In addition, the Second Bridge will reduce the public safety hazards associated with having a single bridge access to rapidly growing Oak Island. r , 11 1 I 1 I n 1 POLICIES FOR LAND USE AND COASTAL 9 MANAGEMENT The improved access offered by the second bridge may also result in additional development pressures in Long Beach —building on small lots with marginal soils, converting lots on Middleton to more intensive uses, and development of non- residential uses at the Middleton/Oak Island Drive intersection. The impacts of the second bridge are addressed in the planning policies. Improved management of wastewater. Long Beach is fully developed with small lots. While septic tanks are permitted, all of the soils in the town are marginal for septic tanks according to the Brunswick County Soils Survey. Chronic septic tank malfunctions are not uncommon The Lumber River and Cape Fear River Basinwide Plans indicate that stormwater runoff and septic tanks are major contributors to water quality problems at Long Beach. Improved wastewater management is a key element in a strategy to improve water quality. ' Improved management of stormwater runoff. Stormwater management goes hand -in -hand with wastewater management in water quality improvement. The ' basinwide plans cite urban nmoff as one root cause of water quality problems in the surface waters surrounding Long Beach. These problems are the result of pollutants washed into surface waters after every rain —human and animal wastes, petroleum products, sediment, fertilizers, herbicides, and pesticides. Long Beach is addressing nmoff through adoption of its Stormwater Ordinance, which has a goal of retaining ' on -site any runoff created by impervious surfaces. ' An increase in the amount of urban runoff may be a secondary impact of a central wastewater management system. Lots that are "unbuildable" with septic tanks may b- "buildable" with a central sewer. The result will be more impervious surfaces and more lawns. t Flooding is also a consideration in managing stormwater runoff. Chronic flooding that may either be a nuisance or a hazard impacts several areas in Long Beach. Give= the current system of meets and rights -of -way and the lack of available tntsubdivided ' land, solutions to these problems will be complex. ' 2 Lumber River and Cape Fear River Basinwide Plans developed by the NC Division of Water Qdility. 3 Water runoff from streets, parking lots, roofs, lawns, and so on. 1 POLICIES FOR LAND USE AND COASTAL 10 MANAGEMENT Maintenance of a "healthy beach" system The health of the beach system —well established and continuous vegetation; dune height, width, and continuity; and beach width —along with the type of development present determines the risks from storms. A recent shoreline analysis indicates that the characteristics of the beach system in middle and east Long Beach present "extreme" risks. The area is characterized by a narrow, eroding beach, absent or unstable dune/berm system, and little or no established vegetation. The narrow frontal land mass, low elevations, and the presence of Davis Creek and associated marshes creates high potential for over-wash.4'1 Maintaining and restoring the health of the beach system is the island's best line of defense against storms.. A healthy beach also reduces the potential for storms to damage the coastal ecosystem of the Davis Creek Complex. Keeping Long Beach a great place to live and visit. Typically, this issue is stated ai "maintaining a small town atmosphere." Further definition, however, indicates a desire to have a community with the following characteristics: ... No tall buildings ... Traditional streets with sidewalks and street trees ... Compact, defined central commercial district ... Bicycling or walking to major destinations as an alternative to the automobile ... Easy access to the beach ... Low to moderate development density —continued moderate density developme= on the island and lower density on the mainland ... Retail and commercial services to support a year-round population ... No "over commercialization" of the beach area Selection of Policy Alternatives Three policy alternatives have been designed to respond to these planning issues: Alternative 0—Maintain status quo. 4 Preliminary analysis, Brunswick Beaches Preservation Plan, Bill Farris -Associates and Right Angle Engineering, 1998. s Duke University, Program for Study of Developed Shorelines, Coastal Risk Assessment Method,' www.geo.duke.edu/psds/psds_oak.GIF. F 1 11 n 1 POLICIES FOR LAND USE AND COASTAL MANAGEMENT Alternative #2--Middle ground Alternative #3--Proactive plan. 11 Each of these alternatives is briefly described and evaluated in the matrix contained in Table 1. The Town's Policies for Growth and Development are most closely based on Alternative =3. TABLE 1 Long Beach Land Use Plan Update Evaluation of Alternatives Issue Alternative #1 Alternative #2 Alternative #3 Improve water • Rely on existing local • Same actions described in . Sarm actions described in , codes and state/isderal Alternate #1 Alternate #2. quality regulations • Comprehensive plan for • Regional clean water • No additional action to Davis Creek Complex partnership address existing causes • Central sewer to address priority needs • Comprehensive stormwater management Construct • Town will take limited Town will take all • Same as Alternate #2. bridge action to gain approval possible actions to gain second and construction of approval of the Second Second Bridge. Bridge at Middleton. • Will result in some • Will result in increased dampening of population development pressure and growth. demand for land use More people will be changes. exposed to risks from • Implementation of disasters. corridor plan on mainland • Existing transportation will preserve wetlands net will experience lower and ensure efficient service levels. transportation net. • Unplanned transportation • Reserves service levels development on existing transportation mainland. net. Improve • Town retains septic tanks • Connect priority areas to • Phased installation of ca-.d at primary treatment existing central wastewater treatment s -- wastewater option. system—CBD and • Minim ze weer qualit management • Privately owned and eastern area. Continued problems resulting from, septic opmted package plants we of septic tanks on tanks. will be developed. subdivided lots. • Allows development of re • Existing tanks and • Development of package lots —urban nmoff will development of new plants for appropriate increase. tanks on marginal soils unsubdivided land. will worsen potential • Some reduction in water quality problems. potential waterqualiry problems. Improve • Enforce current Design and implement Same as Alternate #2 stormwater ordinance. comprehensive stormwater • No reiterating of "best stormwater management management management practices" to system. address existing • Retrofit "best problems. management practices" to • No worsening of water address current urban quality problems related runoff problems where to urban runoff. feasible. • Result in improvement of water qualirv. Maintain • Continue to enforce • Actions descnbed in • Actions described in .literate healthy beach existing development Alternate #1. #2. regulations to prevent POLICIES FOR LAND USE AND COASTAL MANAGEMENT 12 Issue Alternative #1 1 Alternative #2 Alternative #3 inappropriate • Design, fund, and • Actively study feasibility of developrnent in hazard implement a beach acquiring sensitive or areas. restoration strategy in threatened property within the • Treat beach erosion "hot partnership with State hazard area to eliminate spots" as they occur. and Federal Agencies. hazard and nwkkc it available Minimal reduction in • Significant reduction in forpublic use. overall storm risks. storm risks. • Optbml reducti m in storm risks. Keep Long • Maintain existing zoning • Actions described in • Same actions described in Beach and subdivision practices. Alternate #l. Alternate #2 great . Retain building height • Develop and implement place to live limits. plan for central business district --pedestrian access, driveways. lighting, signage, and landscaping. • Extend sidewalks. Extend bikeways. 1998-2003 POLICIES The policies presented in this section provide a detailed set of guidelines for the growth and development of Long Beach that progresses toward the type of community outlined in the Vision. The policies are designed to address the Towns key planning issues and to implement its goals. The policies will guide public decisions at the local, state, and federal levels to ensure proper management of land and water resources and public facilities in the Long Beach planning area. The policies will also guide the decisions of property owners about appropriate use and development of their property. Long Beach's overall policy for growth and development can be described as follows: (1) To. accommodate the town's projected growth in a way that preserves its quality of life and places minimal impact on its natural resources; (2) To encourage use and development of the land in a manner that restores and sustains the quality of the community's natural resources and that maintains Long Beach's small town qualities; (3) To adhere to the North Carolina Coastal Management Program, its use standards for Areas of Environmental Concern, and its permitting programs as an effective method available to preserve the town's coastal resources; and (4) To provide affordable public services and facilities to meet the needs of the town's 10-year growth forecast. I I 1 I 1 1 I I 1 I 1 1 POLICIES FOR LAND USE AND COASTAL 13 MANAGEMENT (5) To continue using local resources to implement the Town's coastal management policies: local ordinances, acquisition of key properties, and the placement of public utilities. 1.0 RESOURCES 1.1 Soil Suitability and Septic Tanks The Brunswick County Soil Survey indicates that the town's soils have significant limitations for septic tanks. (Map 4). These policies are designed to ensure that current water quality problems are not made worse by septic tanks on soils having limitations. The policies reflect the reality that the town is fully subdivided with small lots. (a.) For lots of record, building permits are not issued without a septic permit from the Health Department. (b.)The use of off -site septic tanks to treat wastewater will be determined by the Town's Zoning Ordinance and the County and State Health Regulations. (c.) For new subdivisions, the subdivider will be required to identify lots on which soils will not support septic tanks, the purpose of which is to inform buyers that building permits may not be issued for the lots. 1.2 Wetlands protection 1.2.1 Coastal Wetlands. It is the policy of the Town to support the CAMA development permitting process in four ways: a. Restricting land uses in the coastal wetlands to those uses that meet the use standards and that are consistent with the objective of protecting the values o: this resource; and b. Ensuring that the wetlands are not adversely impacted during the land development process. c. Protecting wetland habitats from the damaging impacts from motorized watercraft. If it is determined that motorized watercraft are damaging wetlands, the Town will consider implementation of measures, such as no - wake zones and prohibition of personal watercraft, in areas within its jurisdiction. 1 POLICIES FOR LAND USE AND COASTAL MANAGEMENT 14 1 d. Encouraging the use of approved alternate technology, such as breakwaters. riprap and re -vegetation, to protect wetlands from erosion. Where they have been historically used, the Town supports continued use of vertical bulkheads. 1.2.2 Fresh Water Wetlands. It is the policy of the Town to advocate protection, preservation, and where appropriate, restoration of the community's high value fresh water wetlands which are located primarily on the mainland. a. The Town will encourage and permit flexible site planning to protect these resources. b. The:Town also will encourage donation of high quality wetlands to a public or non-profit agency that has the capacity to manage them. c. In conjunction with development of wastewater treatment and stormwater management plans, the Town will consider designs that incorporate wetlands into the treatment and discharge process. 1.2.3 Wetland Mitigation Area. The Town will work with appropriate state and federal agencies to identify a suitable site on the mainland for mitigation of any wetlands lost from public construction of highways and community facilities. 1.3 Water quality 1.3.1 Ocean The Town recognizes its vital interests in maintaining and improving the health o: the Atlantic Ocean. It is essential to the quality of life and economic health of the community. Commercial and recreational fishing interests are concerned about possible environmental damage resulting from dredge disposal. They believe that water quality problems associated with near shore dredge spoil disposal in the past has disrupted local fisheries. There is also concern about the potential for damage to the marine environment resulting from offshore drilling. I ' POLICIES FOR LAND USE AND COASTAL 15 MANAGEMENT ' a. The Town will monitor disposal activities in the near shore area and will discourage any disposal activity that has the potential to disrupt commercial and recreational fisheries. b. The Town fully supports a ban on offshore drilling and will oppose the issuance of new leases for offshore drilling. 1.3.2 Estuarine waters a. It is the Ion, --term policy of the Town to restore the health of the community's coastal waters. The initial focus of this policy is Davis Creek: The Town ' will design and implement a program to improve the quality of existing discharges, to limit new stormwater discharges into the creek to those required to implement quality improvement measures, identify options to ' improve tidal flushing, and enlist the participation of adjacent property owners to eliminate contamination from fertilizers, pesticides and herbicides. and sedimentation. b. The Town supports the requirement for an appropriate vegetated buffer along estuarine waters and fresh waters within its planning jurisdiction to ' protect water quality. Application of the buffer requirement must take into consideration site conditions, such as slope to the water, and the dimensions ' and setback requirements for existing lots. To complement any buffering requirements that may be adopted by the CRC, the Town will consider the feasibility of implementing a local buffering requirement in the review of its development regulations. c. Through the development review process, the Town will encourage all land use and development activities, including highway and street construction, to employ best management practices for. stormwater runoff to protect the ' quality of coastal waters. d. To protect water quality and to preserve public access and use of public trust ' waters, the Town will not allow "floating homes," i.e. boats or other 30 days. watercraft used as a permanent or temporary residence of more than Moorings and mooring fields must meet State Regulations. e. The Town supports the Lockwoods Folly Basin Study; as a step toward improving water quality; however, the Town will monitor the Study to ensure ' that it supports water quality goals. f. The Town understands the importance of access to the ocean, Waterway, and other estuarine waters and will support maintenance dredging to maintain and improve such access. The Town specifically supports the Corps of u POLICIES FOR LAND USE AND COASTAL MANAGEMENT Engineers' maintenance dredging program for navigation channels and the Lockwoods Folly inlet. 1.3.3 Estuarine shoreline 16 1 a. It is the policy of the Town to support the CAMA use standards (please see the appendix for a summary of the CAMA Use Standards) for the estuarine shoreline and to discourage any use or activity in the shoreline area that would materially degrade the quality of adjacent waters or other coastal resources. b. The. Town will coordinate with the NC Division of Archives and History to protect any known historic or archeological resources in the shoreline area. c. The Town does not oppose the construction of bulkheads along estuarine shorelines where the requirements of the state coastal management regulations and local building and development regulations are met; however, the Town also encourages property owners to consider the use of alternative technology such as breakwaters and rip -rap where appropriate to stabilize estuarine shorelines. d. It is the policy of the Town to protect coastal waters, to the maximum extent feasible, from a reduction in quality resulting from runoff. 1.4 Tree and Vegetation Preservation The Town recognizes the importance of trees and other existing vegetation to its quality of life, including reducing the amount of urban runoff and protecting water quality by helping filter contaminants from stormwater runoff, and its policy is to protect mature trees and native vegetation and to reforest and re - landscape where appropriate. To implement this policy, the Town will develop a tree and vegetation preservation program with the following objectives: • Reducing tree and vegetation loss during development; • Reducing damage to trees during construction; • Providing for replacement of trees and vegetation lost during construction: • Providing for planting trees where none exist; • Providing for the maintenance of preserved trees and vegetation after construction is completed. I I I� 1 I I I I I H POLICIES FOR LAND USE AND COASTAL 1.7 MANAGEMENT Amendments to existing local codes that require developers to "make every effor, to protect and retain all existing trees, shrubbery, vines, and grasses..." will be considered to guide the program. The Town will emphasize education, communication, and partnerships to implement the program. 1.5 Ocean Hazard Areas ' It is the overall policy of the Town to develop a comprehensive management strategy for the ocean hazard area that protects the resources in this area for the ' long tern use and enjoyment of its residents and visitors and that protects coastal properties and residents from the destructive forces of coastal storms. 15.1 Beach Preservation. The Town will cooperate with its neighboring communities to plan, design, acquire funding, and implement a long-term beach restoration and renourishment project. The central objective of this project is to protect property, essential public facilities, and sensitive coastal environments ' from storm damage. 1.5.1.1 Sea Turtle Habitat. As part of the beach preservation program, the Town will continue to encourage the Corps of Engineers to develop sea turtle habitat restoration projects and will continue to participate in these projects. 1.5.2 Property Acquisition. The Town will develop a plan for strategic ' acquisition of both developed and undeveloped properties in its coastal hazard area to further its policy to protect the resource and adjacent properties from ' significant storm damage. 1.5.3 Public Improvements. The Town generally supports installation of public improvements, such as water and sewer, in the hazard area where facilities are required to serve a public use or to mitigate an environmental or public health threat. Construction or placement of such public improvements will be consistent with CAMA rules and use standards (NCAC 71-1). If a facility is installed, access will be carefully controlled. Access to water and sewer will be controlled through ' the Town's water and sewer extension policy to be developed in conjunction with the sewer system. 1.5.4 Maintain Healthy Beach. The Town will work collaboratively with the implement Beach Preservation Trust and the Erosion Control Committee to funding and education programs for beach preservation, conduct annual beach 1 POLICIES FOR LAND USE AND COASTAL 18 MANAGEMENT maintenance, and identify and test new techniques for beach and dune preservation. 15.5 Limit Development Intensity. The Town will limit the density of development and the size of structures in the hazard area to be consistent with CAMA use standards and to minimize unreasonable risk to people or property. 1.5.6 Preserve "The PolnL" The Town will acquire the remaining unsubdivided land at the Point, which includes most of the community's inlet hazard area. Public acquisition of The Point will allow traditional recreational use of the area to continue, provide opportunities for environmental access and t education, and stop further land development in this hazardous area. Development will be consistent with the management policies contained in "The ' Point: Management Plan for a Fragile Coastal Resource." 15.7 Island Development Sound and estuarine islands have extremely fragile environments and present natural hazards and constraints to development and provision of essential public services. Development on privately owned sound and estuarine islands within the planning area will be controlled by the Town's zoning ordinance and other building and development regulations with the objectives of protecting fragile environments and habitats, minimizing hazards to , people and property, and ensuring availability of essential services. 1.6 Flood Plains It is the Town's policy to continue strict enforcement of its Flood Damage t Prevention Ordinance to ensure that human life and health, property, and businesses are protected from flood hazards. 1.7 Historic and Archaeological Sites It is the Town's policy to cooperate with the NC Department of Cultural Resources to preserve archaeological sites located in the community. The Town will advise the NC Division of Archives and History of all Town -sponsored major land disturbing public works projects to ensure identificatipn and preservation of significant archaeological sites. 1 POLICIES FOR LAND USE AND COASTAL 19 MANAGEMENT 2.0 Land Use and Development 1 2.1 Land Use and Environment Long Beach will encourage new development patterns that are sensitive tp the natural features of the community —wetlands, rare forest communities, hazard areas, and so on. Flexible site planning to allow preservation of sensitive environments for open space is encouraged. Property owners and developers X e also encouraged to retain as much vegetation as possible on the site during the development and building process in order to reduce runoff and stream sedimentation. 1 2.2 Residential Land Use - 1 To the extent permitted by resource protection policies, it is the policy of the Town to encourage compact residential development patterns in new developmen= and redevelopment areas. These compact communities will be designed to ' accommodate walking and biking as alternative modes of transportation. 2.2.1 Single-family Residences. The primary housing type will be single-famil residences. 2.2.2 Moderate Development Density —Island. The Town will encourage continued development at a moderate density level on the island. The Town Nvii: also look for opportunities to lower overall development density on the island b% encouraging owners to combine lots for construction through measures such as 1 the incentives contained in the Stormwater Ordinance. 2.2.3 Lower Residential -Densities —Mainland. Lower residential densities %%4:: be encouraged on the mainland areas within the Town's ETJ. An overall gross density of 2.0 dwelling units per acre is the objective for the mainland. 2.3 Protection for Homes Along Middleton 1 The Town will protect the homes and the lots designated for residential uses aloe; Middleton from increased traffic resulting from construction of the second brid_;: 2.3.1 Buffering. The Town will encourage the NC Department of Transportaticn to provide adequate buffering for the properties in close proximity to the bridge 1 ramp - 1 POLICIES FOR LAND USE AND COASTAL 20 MANAGEMENT 23.2 Property Acquisition. The Town will request the Department of Transportation's assistance to acquire severely impacted properties in the corridor to protect them from conversion to incompatible uses. 233 Protect Residential Zoning. The Town will keep the residential zoning along Middleton intact, particularly at the Middleton/Oak Island Drive intersection. 2.4 Commercial Land Use 2.4.1 Commercial Nodes. The Town will encourage commercial land uses to locate in the existing commercial node on East Oak Island Drive. Surrounding land uses will be buffered from the commercial uses by transitional office and institutional uses. 2.4.2 "CBD" Plan. The Town will develop a plan for the Long Beach Central Business District. This plan will focus on installation of sidewalks, street trees, street lighting, parking lot improvements, and signage and phasing out inappropriate land uses, such as open storage. 2.4.3 Contain Commercial Recreation Uses. Recreational and tourist -oriented businesses will be located generally in designated sections in the beach area. • The Town will ensure that these uses do not evolve into an over - commercialized beach environment. • To support the family -orientation of the beach and to avoid any possible public safety concerns, the Town will determine appropriate lighting levels and adopt additional policies to implement them. • The Town recognizes the importance of boating to the quality of life in the community and will allow open water and upland marinas and dry stack , storage facilities. The Town also acknowledges the link between the provision of adequate facilities at marinas and water quality and will favor marinas under the following conditions (a) Construction and expansion of open water and upland marinas will be allowed if they meet the requirements of the local building and development regulations and the minimum requirements of the state coastal management regulations. , (b) No new marinas with accommodations for more than 10 boats will be allowed without wastewater pumpout facilities. (c) Construction of dry stack storage facilities for boats associated with or independent of marinas will be allowed if they meet the requirements of 1, 'L7 I I I 1 I 1 I� 11 I POLICIES FOR LAND USE AND COASTAL 21 MANAGEMENT state and local building and development regulations. These regulations may include zoning, state building code, stormwater management, flood damage prevention, soil erosion and sedimentation control, and coastal management permitting. 2.5 Building Heights Island. It is the policy of the Town to restrict the height of buildings on the island to the equivalent of two habitable stories. To implement this policy, the Town will retain the 41-foot building height limitation in the velocity zone and the 3 5- foot limit in all other areas. These height limits may be adjusted to accommodate changes in flood elevations by the Federal Emergency Management Administration. Mainland. Height limits on the mainland may be adjusted in commercial areas if approved through the proper procedures. 2.6 Management of Sand Reserves The existing sand deposits on the north side of the Waterway in the area known as .. "Yellow Banks," are a resource for the Town's beach preservation program. The Town will work with state and federal agencies to ensure that these resources are used in the most effective manner to further the Town's beach preservation goals. 3.0 Transportation 3.1 Second Bridge at Middleton 3.1.1 Approval Second Bridge Located at Middleton. Long Beach will make_ concerted effort to gain approval of the Second Bridge Project and to ensure that construction of the project begins in the near future. a. The Town's selected location for the bridge is at Middleton. This location is consistent with the initial street plan for the town; it will involve minimal disruption to environmental resources in the town; and it will cause fewer traffic impacts than other locations. b. The preferred alignments for the access corridor are alternate A, B, and C as presented in the environmental assessment. I POLICIES FOR LAND USE AND COASTAL 22 MANAGEMENT 1 3.1.2 Regional Cooperation in Implementation of Second Bridge Corridor Plan. The Second Bridge and the connector to Highway 211 will be a new entrance to Long Beach. Even though a large portion of this highway corridor is outside of the Long Beach ETJ, the Town is vitally interested in ensuring that the land uses associated with the new highway are well -planned. Therefore, it is the Town's policy to encourage a regional approach, which includes Long Beach and , Brunswick County, to developing and implementing plans for this corridor. In addition, the Town will support the planning concepts contained in the report "Second Bridge to Oak Island: Corridor Land Use and Development Plan." 3.13 Preservation of Natural Areas. Long Beach will encourage the NC Department of Transportation to acquire and preserve significant natural communities on the mainland that are impacted by construction of the Second Bridge Corridor. Portions of the Boiling Spring Lakes Wetland Complex will receive priority attention. 3.2 1998 Thoroughfare Plan 1 3.2.1 Seek Implementation of Thoroughfare Plan. The Town will encourage the NC Department of Transportation to implement the Oak Island Thoroughfare Plan. The key project in this plan is improvement to East Oak Island Drive.3.2.2 Regional Transportation Priorities. The Town will review its transportation needs each year and will work to have these projects included in the Transportation Improvement Program (TIP). The Town will also cooperate with Brunswick County and other municipalities to have high priority regional transportation projects included in the TIP. ' 3.3 Bikeways 3.3.1 Continue Development of Bikeway System. It is Long Beach's police to recognize bicycles as an alternate transportation mode and to implement a bikeway system to make bicycling safer and more convenient. The bike system will include bike paths. bike lanes, and shared roadways. 3.3.2 Seek Inclusion of Bikeways on New Highway Projects. The Town will work cooperatively with the NCDOT to include bike facilities when roads on Oak Island are upgraded. The Town will also encourage a bicycle network in conjunction with the Second Bridge and the access corridor on the mainland. V I 1 I 7L1 I I POLICIES FOR LAND USE AND COASTAL 23 MANAGEMENT 33.3 Bike Facilities in New Subdivisions. The Town will encourage developers of new subdivisions to include bike facilities and to tie them to the community -wide system. 3.3.4 Bike Accommodations. The Town will develop a program to install bike racks at parks, public access points, and at other major destination points. 3.4 Sidewalks 3.4.1 Continue Sidewalks to Maintain "Small Town" Character. The To%-.m recognizes that the ability to walk in a community is the embodiment of the "small town" character. Therefore, Long Beach will continue to develop a sidewalk system in the community. 3.4.2 Sidewalks in New Subdivisions. In addition, the Town will encourage developers of major properties and new subdivisions to include sidewalks. These sidewalks will ultimately connect to the community -wide system. 3.5 Special Transportation Needs Long Beach will continue to evaluate the needs of its elderly and handicapped citizens and as appropriate to examine options for them to gain access to transportation for essential needs such as medical appointments and shopping. The Town will also evaluate options for supporting beach access for these citizens. 3.6 Airport Expansion While the Brunswick County Airport is outside the Long Beach Planning Area. the facility provides an important service to the town's residents and visitors. Therefore, the Town supports upgrade and expansion of this facilin. 1 I_1 POLICIES FOR LAND USE AND COASTAL MANAGEMENT 4.0 Public Infrastructure 4.1 Regional Sewer '4 I 4.1.1 Plan for Regional Wastewater System. The Town will continue workizz toward a cost-effective regional wastewater treatment system that may include County, Yaupon Beach and Caswell Beach, and other municipalities and agencies. a. The Town will ensure that the design and operation of the system supports the objective of restoring the health of the community's surface waters. b. The initial objective of the system is to replace existing septic tanks. c. Owners of existing septic tanks will be required to connect to the central system when it is available. d. The Town Council will adopt a sewer extension policy prior to installation of the system. This policy will ensure that extensions are consistent with the Town's Land Use and Coastal Management Policies. 4.2 Package Treatment Plants 4.2.1 Support of Package Plants. The Town will support permitting of pack_: wastewater treatment plants under three conditions: • the owner/operator can demonstrate that the plant will be designed and operated in a manner that results in no degradation of surface water quality; • the collection system meets acceptable standards; and • the owner commits to connecting to the central system when it is available. 4.2.2 Contingency Plans. The Town will also develop a contingency plan fo: operation of package plants should the private operation fail before a central system is available. 4.3 Stormwater Management System 4.3.1 Address Stormwater Impacts Associated with Sewer. It is the policy of the Town to manage, in terms of quantity and quality, stormwater runoff that may I POLICIES FOR LAND USE AND COASTAL 25 MANAGEMENT be generated by secondary development impacts associated with the regional wastewater system. 4.3.2 Comprehensive Stormwater Management. Assistance will be sought `or development of a comprehensive stormwater management program to complement the wastewater system. 43.2.1 New Development. Appropriate methods for removing pollu=:s from stormwater will be employed in new development. The Town niE consider methods of reducing the amount of impervious surfaces in new developments. 43..2.2 Retrofit Where Feasible. The Town will look for opportunities to retrofit facilities in areas already developed where feasibility studies show that there are benefits from reduced flooding and/or water quality improvements. 43.23 Enlist Property Owners' Assistance. The Town will develop _z • education and communication program to gain assistance of property owners in the use of vegetation management, landscaping, and the use o: fertilizers and lawn chemicals to reduce the quantity and increase the quality of stormwater runoff. 4.4 Water Distribution System Long Beach will continue to provide high quality water in quantities and at pressures to meet the drinking water needs of its residents and visitors and to satisfy flow and pressure requirements for fire suppression. a. The Town will continue to seek cost-effective alternative sources of water supply for its system. b. The Town will conduct an ongoing lines maintenance and flushing prograr= to ensure water quality. 5.0 Community Services It is the general policy of the Town of Long Beach to provide a range of community services required to support a high quality of life for permanent and seasonal residents and an excellent recreation experience for our visitors. These services will be provides with a focus on customer service, and their cost will remain within reach of residents a=d property owners. I I POLICIES FOR LAND USE AND COASTAL MANAGEMENT 5.1 Public Safety 26 1 It is the policy of the Town of Long Beach to provide the highest feasible level of public safety —police, fire, and rescue —for permanent residents, seasonal residents, property owners, and visitors. 5.1.1 Maintain Police Staffing Standards. The Town will maintain acceptable levels of police protection by expanding the police force, in accordance with practical safety standards, as the permanent and seasonal population grows. 5.1.1.1 Community Watch. The Town will continue to support the Community Watch program and to encourage residents to volunteer in this effort to improve public safety. 5.1.2 Adequate EMS Response. Support the Long Beach Rescue Squad to ensure that it has adequately trained and equipped personnel, volunteer and paid. to respond within acceptable time limits to emergencies within the community. The Town will also encourage the rescue squad to maintain its mutual aid agreements. 5.1.3 Adequate Fire Equipment and Response Times. Support the Volunteer Fire Department to ensure 1) that it has the necessary equipment to suppress fires and to effect rescues within the community and 2) that the Department maintains acceptable response times. The Town will also encourage the Volunteer Fire Department to maintain its mutual aid agreements. 5.2 Solid Waste Management 5.2.1 Cooperate with County. The Town will cooperate with Brunswick County to provide residential collection services to residents and property owners 5.2.2 Supplement with Recycling and Special Services. The Town will supplement the services from Brunswick County with a second pickup each week during the season, curbside recycling, yard debris and white goods pick-up to reinforce its image as a clean community. 5.3 Parks and Recreation The continuing focus of Long Beach's parks and recreation program is environmental access and education. I I I D I I I I POLICIES FOR LAND USE AND COASTAL 27 MANAGEMENT 5.3.1. Implement Plan for "The Point" The Town will complete implementation of its long-term plan to acquire and develop property at The Point to create major opportunities for environmental education and environmental and marine access in a universally accessible setting. Management of the Point will continue to accommodate traditional recreational uses of the area—fishiltg, swimming, and shellfishing. 5.3.2 Open Space and Boating. Implement the Parks and Recreation Open: Space Plan and seek appropriate locations for boat ramps with adequate parkin 5.3.3 Diverse Programming. Continue presentation of recreational and cultural programs to address the needs of all citizens. Programming will continue to meet the needs of seniors and will develop a new focus on teens. 5.3.4 Water Access. Continue supporting provision of appropriate public access to the community's beaches and estuarine waters. To ensure appropriate access to its beach, the Town will implement the Access Management Plan. The Town will discourage any use within the shoreline area that will disrupt a recognized and established public access to a public trust area. As parking areas south of Beach Drive are eroded, parking sites will be located north of Beach Drive where possible. 6.0 STORM HAZARD MITIGATION, POST - DISASTER RECOVERY AND EVACUATION PLANS Hurricanes are a fact of life for coastal North Carolina. These storms are the product of the tropical ocean and atmosphere. They are powered by heat from the sea and are steered by the easterly trade winds as well as by their own energy. Around the core of a hurricane, winds develop high velocities that generate violent seas. When they move ashore, they bring a storm surge, high winds, possible tornadoes, and widespread flooding. On average, five hurricanes strike the United States coastline every five years. Of these five, two will be major hurricanes, category 3 or greater.6 As we experienced in 1996 Federal Emergency Management Agency, www. fema.gov/hu97/ I POLICIES FOR LAND USE AND COASTAL MANAGEMENT 28 1 when two hurricanes struck the North Carolina coast in one season, these averages do not always hold. The table below describes the Saffir-Simpson Hurricane Scale? and the predicted damage from each category: Scale # Category Sustained Winds MPH Expected Damage 1 74-95 Minimal 2 96-110 Moderate 3 111-130 Extensive 4 131-155 Extensive 5 >155 Catastrophic In planning for storms, the Town must address three related impacts: Storm surge —Dome of water that sweeps across the coastline near where the storm makes landfall. In Long Beach, storm surge is the greatest threat to life and property. Flooding —Rains in excess of 6 inches can produce destructive flooding. Winds Hurricane force winds, 74 MPH or more, can destroy poorly constructed buildings and mobile homes. Debris, such as signs, roofing material, siding, and other small items, can become missiles. Extensive developed areas in Long Beach are at risk from the impacts of hurricanes. As shown on Map 3, the entire incorporated area of Long Beach will be impacted by storm surge from Cate�,ory 3 and above hurricanes. Damage to property and risk to life from storms of this magnitude will range from extensive to catastrophic. Even smaller Category 1 and 2 storms will expose the developed areas from the oceanfront to the north shore of Davis Creek to storm surge.8 Long Beach's plans include a comprehensive approach to storm hazard mitigation, evacuation, and recovery. The elements of this approach include pre -storm plans for storm risk mitigation, reasonable land use controls to reduce exposure, strategic acquisition to put at -risk property into appropriate uses, and refining and testing the emergency response plan. Plans and policies also address the community's response r Ibid. ° Storm Surge Inundation Mapping provided by DCM. I I i I I� I I I I I I I I I POLICIES FOR LAND USE AND COASTAL 29 MANAGEMENT during and after a storm. The relationships between these policies are shown in the illustration below. 6.1 Storm Risk Mitigation 6.1.1 Code Enforcement. The Town will continue to enforce the North Carolina State Building Code that contains requirements on wind resistant construction standards for 110-MPH wind loads. 6.1.2 Participation in National Flood Insurance and Enforcement of Flood Damage Ordinance. The Town will continue to be an active participant in the National Flood Insurance Program and to support hazard mitigation elements. In conjunction with the Flood Insurance Program, the Town will enforce its Flood Damage Prevention Ordinance requiring special development standards for flood prone areas to prevent property damage and loss of life from flooding. Pre -storm Plans and Policies Storm Risk Discourage Strategic Emergency Mitigation Inappropriate Acquisition Response Land Uses Plan ` Post -disaster Policies and Plans Recovery Task Force Public Facility I Reconstruction Restoration Comprehensive Mitigation, Evacuation, and Recovery Plan I POLICIES FOR LAND USE AND COASTAL MANAGEMENT 6.13 Support Development Permitting for Wetlands. The Town supports continued enforcement of the development permitting process for coastal wetlands and "404" wetlands. These lands are among the most susceptible to flood risk. 30 , 6.1.4 Maintain "Healthy Beach." The Town will continue to collaborate with other local governments and state and federal agencies to develop and implement plans to maintain a "healthy" beach system as one of the best available storm protection measures. Long Beach recognizes the Beach Preservation Trust as a partner and supports its efforts to develop funding and to conduct educational programs for beach preservation. 6.1.5 Dune Protection. The Town will protect its existing dune systems through enforcement of its Dune Protection Ordinance and will continue to support the efforts of the Erosion Control Committee to identify and test appropriate techniques to stabilize and strengthen the dune system. 6.2 Discourage Development in Hazardous Areas 6.2.1 Limit Development Intensity. The Town supports the CAIMA use standards that reduce the risk of potential loss of life or property by restricting the size and intensity of development in hazardous areas. 6.2.2 Protect 100-Year Flood Plain. The Town discourages the development of high intensity uses and large buildings in the 100-year flood plain. The To,,tin will evaluate the effectiveness of its current building and development regulations for implementing this policy. 6.23 Educate the Public. The Town supports development of an education program to acquaint current and potential property owners of the risks associated with development in hazardous areas; the steps that can be taken to minimize risk: and the responsibilities that property owners and visitors have to help prevent damage to the Town's protective structures. 6.3 Strategic Acquisition Long Beach recognizes that acquisition of certain properties in hazardous'areas may be the most cost-effective approach to managing risk. Therefore, the Town will consider seeking assistance to purchase properties if such purchase makes a significant reduction in risk and the property can serve a useful public purpose. POLICIES FOR LAND USE AND COASTAL 31 MANAGEMENT 6.4 Emergency Response Plan 6.4.1 Maintain Up -to -Date Emergency Response Plan. Long Beach will update and test its emergency response plan to ensure that all Town departments and services have the capacity to effectively respond to emergencies related to storms or other events, such as a nuclear emergency at the CP&L plant. The emergency response plan will be coordinated with the other Oak Island municipalities and with the Brunswick County Plan. 6.4.2 Disaster Recovery Team. A disaster recovery team is a key feature of the Town's emergency response. This team will include appropriate elected and administrative officials, including a permits coordinator, and will be responsible for the following activities: a. Setting priorities and developing a restoration schedule - b. Requesting outside assistance where needed c. Keeping the public, other municipalities, the County, and the State informed through Situation and Damage Reports d. Maintaining accurate records to ensure proper reimbursement e. Authorizing debris removal and managing the removal contracts, if any f. Undertaking repairs of public utilities and facilities according to established priorities g. Providing information on sources of assistance for businesses and property owners 6.4.3 Second Bridge for Timely Evacuation. The Town recognizes the need for a second bridge to accommodate a timely evacuation of Oak Island and will continue to seek approval and construction of the bridge at Middleton. 6.5 Reconstruction 6.5.1 New Construction to Conform to Current Codes. Reconstruction and redevelopment in hazardous areas may not be allowed if evaluation indicates that it is unsafe or unwise. Properties that were destroyed or sustained major damage and that did not conform to the Town's building and development codes must be repaired or redeveloped according to current policies. Compliance with current policies includes applicable building setback lines. In some cases, this may mean relocation or no reconstruction. Structures sustaining minor damage will be allowed to be repaired to their original condition prior to the storm. I POLICIES FOR LAND USE AND COASTAL MANAGEMENT 32 6.5.2 Possible Moratorium. Depending on the extent of damage, a moratorium on reconstruction, redevelopment, and new construction may be required. The purpose of such a moratorium is to allow the Town time to fully assess damage, to restore essential public utilities and services, and to determine what steps and precautions need to be taken in redevelopment and reconstruction in hazardous areas. The length of such a moratorium will be based on the extent of the damage, and if a moratorium is warranted, it will be established by the Town Council based on a recommendation from the recovery team. 6.5.3 Permit Priorities. The Town will establish priorities for issuance of permits after the disaster. These priorities will reflect the need to restore life safety services, restore essential public utilities and services, and repair of storm damage. 7.0 CONTINUING CITIZEN PARTICIPATION POLICIES The Land Use Plan Steering Committee, appointed by the Town Council, is the responsible planning entity for the 1998 Land Use Plan Update. The Steering Committee's nine member represent diverse interests in the community, including members of the Planning Board and other key committees of the Town. The Committee held ten meetings to identify planning issues, evaluate current planning policies, review planning base information, and to develop a draft vision, goals, and planning policies. These meetings were advertised and were open to the public. The Steering Committee also held four community meetings to allow citizens and property owners to express their opinions about the future of Long Beach, to evaluate current planning policies, and to receive public input on planning base information and the committee's draft policies. The purpose of the first two meetings was to obtain input from the community on planning issues and to evaluate the effectiveness of existing policies. The meetings were held on Thursday, March 26`s and Saturday, April 25 h. The Saturday meeting included a picnic lunch and provided an opportunity for out-of-town property owners to participate in the update process. The second series of community meetings were designed to obtain community input on the planning information base and the preliminary draft of the land use and coastal management POLICIES FOR LAND USE AND COASTAL 33 MANAGEMENT policies. These meetings were held Thursday, June 11 m and Saturday, June 13'h. Like the first meetings, the Saturday meeting was scheduled to allow out -of --town property owners to attend. The Steering Committee considered input and comments from the community meeting and made adjustments to the draft policies. The Committee then held a joint meeting with the Planning Board and the Town Council to review the planning information base and the draft . policies and to receive comments and recommendations. The comments and recommendations from this joint meeting are reflected in the draft policies. The community meetings were advertised in four ways: Display adds were placed in the State Port Pilot, the newspaper of record for Long Beach; the meetings were publicized in the Town's newsletter which is mailed to all property owners and water and sewer customers; meetings were announced on the Town's radio station and posted on the marquee at the Recreation Center, fliers were posted at key locations throughout town and announcements were made at churches and civic clubs. In an interim evaluation of the Citizen Participation Process, Steering Committee members indicated that participation might improve if the schedule for the plan was changed so that the community meeting could be held during the late fall and early winter. A copy of the approved Citizen Participation Plan is provided in Exhibit 1. The Town will continue to encourage and solicit citizen input through well -publicized ' meetings of the Planning Board and Town Council to discuss land use issues and to keep citizens informed of the impacts of the Land Use Plan and the decisions made by the Town. In addition, the Planning Board will hold annual community meetings to review the Land Use Plan and to obtain citizen input on the effectiveness of the policies. The results of these meetings will be presented to the Town Council with any recommendations regarding plan ' amendments or changes to the implementation schedule. I i LAND CLASSIFICATION SYSTEM 34 LAND CLASSIFICATION -OVERVIEW The coastal management Land Classification System is a means of assisting in the implementation of Long Beach's land use plan policies. It allows the Town and its residents and property owners to specify those areas where certain policies apply. The Land Classification System is intended to complement the Land Use and Coastal. management Policies and is supported by the Town's locally adopted codes and programs, such as zoning, subdivision regulations, and capital investment plans. Even though specific areas are outlined on the Land Classification Map (Map 1 found in the Executive Summary), the map is not a regulatory mechanism like the zoning map. It is simply a tool to help implement policies. In Long Beach, three land classifications apply: Developed, Limited Transition, and Conservation. Each of these classes is described below. DEVELOPED , The Developed class is intended to provide for continued intensive development and redevelopment of the community. Areas meeting the intent of this class are currently urban in character and are provided with usual municipal services. Usual municipal services include water, sewer, recreational facilities, streets and roads, police and fire protection. Areas included in the Developed class have mixed uses at moderate to high densities. The areas classed as Developed in Long Beach are provided the full range of urban ' services with the exception of wastewater treatment. It is the Town's policy to plan and build a wastewater collection and treatment system to serve the entire community. ' The Developed class is subdivided into the Developed -Residential and Developed - Commercial classes. These subclasses are described below. , Developed -Residential (DR) The major land use in the Developed -Residential (DR) subclass is residential. As , described above, these areas are provided with urban services except for wastewater treatment. Most of the residentially zoned and subdivided land on the island is included in this class. Densities in the DR class, because these areas are fully subdivided, are I i LAND CLASSIFICATION SYSTEM 35 expected to be in the range of 5 to 7 dwelling units per acre. The typical uses expected in the DR class are listed below: ' Typical Uses in DR Single-family residences and accessory uses Duplexes Schools and churches Public parks, playgrounds, and community centers Private marinas and piers ' The Long Beach zoning ordinance determines specific uses permitted in this class. 1 Developed -Commercial (DQ ' The predominant land use in the Developed -Commercial (DC) class is retail and services. Like the DR class, DC is served by all urban services except sewer. The typical lot size is 6,000 square feet. Current development practices will require combination of lots to construct commercial facilities and to provide adequate off-street parking. ' The areas classed as DC are concentrated in the commercial strip along East Oak Island Drive, from 60 Street east and 47d' Street East, and extends south from Oak Island Drive to East Beach Drive between 52nd Street East and 48a' Street East. This area is consistent with the Town's current zoning map. ITypical Uses in DC Retail sales Personal and professional services Banks Convenience stores Restaurants Service stations Commercial piers and marinas Residences The specific uses permitted in the DC class are determined by the Long Beach zoning ordinance. I1 LAND CLASSIFICATION SYSTEM 36 LBUTED TRANSITION (LT) The Limited Transition (LT) class is intended for areas that will experience increased development during the planning period and will have some services but not the full range of urban services. Except for Areas of Environmental Concern and "404" wetlands, all of the Town's extra territorial jurisdiction on the mainland is included in the LT class. The land area included in the LT class on the mainland exceeds the amount of land that is required by the Town's 10-year population projection. However due to several factors, the LT class is the appropriate land classification to allow the Town to properly plan for future land uses. These factors include the following: 1. No matter which corridor is selected, construction of the Second Bridge and the connector to NC 211 will increase the probability of development in the Town's mainland ETJ. 2. All of the soils in the ETJ have severe limitations for septic tanks, making development without either public or private central wastewater treatment a potential continuing water quality problem. 3. Water and sewer service is available in St. James Plantation, which is located partially within and adjacent to the ETJ. These services could be extended into the remaining areas of the ETJ. 4. The character of development in the LT will be similar to St. James Plantation. St. James is a self-contained retirement -resort development with relatively low residential densities, golf courses, racquet and swimming facilities. 5. The presence of environmentally sensitive lands, which are classed Conservation, make cluster development an appropriate development pattern. Residential densities are expected to be modest, approximately 2.5 dwelling units per net developed acre, generally exclusive of amenities. Uses in the LT area may include the full range of housing types —single-family, duplex, and multifamily —community businesses, and services. The use of residential clustering and flexible site planning is encouraged. Business and service uses will be guided to "village clusters" at major intersections along the Second Bridge Corridor Access Road. The specific uses permitted in the LT area will be determined by the Long Beach zoning ordinance. Height limits in mainland commercial areas may be adjusted if approved through proper procedures. I LAND CLASSIFICATION SYSTEM 37 CONSERVATION (CON) The Conservation (CON) class is intended to provide for effective long-term ' management and protection of significant, limited, or irreplaceable natural resources. The management of these areas is designed to protect and enhance their natural, cultural, recreational, productive and/or scenic values. In addition, management is intended to reduce the risk to life and property from hazards in these areas. Four natural systems in Long Beach are included in the Conservation class: coastal wetlands, estuarine shoreline, estuarine and public trust waters, ocean hazard areas, and "404" wetlands. Development in each of these areas must be consistent with the applicable CAMA use standards, the policies contained in this plan, and the local codes of the Town of Long Beach. A special provisional subclass of the Conservation class is used for "404" wetlands. This subclass recognizes that mapping may not be reliable in some areas and that the quality of the wetland resource is dependent on habitat type, the amount of contiguous area, and other factors. Coastal Wetlands 1 This classification includes all areas of salt marsh or other marsh subject to regular or occasional flooding by tides, including wind tides. Generally, the CAMA use standards discourage any development in coastal wetlands and only permits uses that require water access and cannot function elsewhere. The Long Beach zoning ordinance includes coastal wetlands in an open space district that uses such as parks, nature walks, and nature study areas. Estuarine Shoreline In accordance with CAMA, all areas lying 0-75 feet landward of mean high water level of estuarine waters are classed as estuarine shorelines. Due to map size and scale, these areas cannot be accurately mapped. Precise locations must be determined in the field and in accordance with current CAMA regulations. The CAMA use standards for this subclass prohibit development that weakens or eliminates barriers to erosion and limits impervious surface in the area to 30 percent. LAND CLASSIFICATION SYSTEM Estuarine and Public Waters All waters in Long Beach's planning jurisdiction are classified as estuarine waters or public trust waters. Uses and activities permitted by the policies of this plan and the CAMA use standards are permitted in these areas. The CAMA use standards for these areas focus on three priorities: 1. Conservation which discourages any development; 2. Uses which require water access and cannot be located elsewhere access channels, structures to prevent erosion, boat docks, etc.; and 3. Preservation of public access and use. The Towns policy prohibiting floating homes is more restrictive than the CAMA use standards. Ocean Hazard Areas This classification includes all ocean hazard areas. These areas include lands along the Atlantic Ocean shoreline where, because of their special vulnerability to erosion or other adverse effects of sand, wind and water, uncontrolled or incompatible development could unreasonably endanger life or property. These areas include beaches, frontal dunes, inlet lands, and other lands with excessive erosion or flood damage. Due to map size and scale, as well as the requirement to delineate some of these features in the field, they are not mapped. Provisional Conservation—"404" Wetlands This classification includes areas of freshwater wetlands that meet the wetlands definition contained in Section 404 of the Federal Clean Water Act. These wetlands are concentrated in the Town's extra territorial jurisdiction on the mainland. The Town concurs with the Corps of Engineers standards and does not intend to develop more restrictive standards for these areas. However, the Town does encourage donation of high quality wetlands to an appropriate non-profit or public organization, and it encourages and permits flexible site planning to protect these valuable resources. LAND CLASSIFICATION SYSTEM 39 Mapping for this class is based on the National Wetland Inventory. These maps are advisory. On -site investigation is required to confirm the presence, extent, and quality of the resource. The Land Classification System for Long Beach is depicted on Map 1. PLAN IMPLEMENTATION STRATEGY INTRODUCTION The implementation strategy is a separate section of the Land Use Plan to avoid redundancy and to permit the Town, its residents and property owners to focus on the steps and actions required over the next five years to implement the Policies for Growth and Development. Some of the policies contained in the Plan are benchmarks for the many land use and coastal management decisions that will be made over the next five years by property owners and developers, state and Federal Agencies, and the Town of Long Beach. Other policies will require action by the Town for implementation. IMPLEMENTATION STRATEGY These actions are outlined in the Implementation Strategy. t 40 The twelve implementation actions outlined in this section represent an ambitious work plan for the Town of Long Beach. The Town anticipates` that these actions will be initiated and/or completed within the coming five years. However, it will be necessary to assess the work plan each year. This assessment will include several factors: funding availability; shifting priorities that may require rescheduling; adding or dropping projects; and project completion schedules. POLICY SCHEDULE REFERENCES IMPLEMENTATION ACTION BEGIN END 1.1 Soil Suitability 1. Continue to enforce local codes on building and development —zoning, On -going 1.2 Wetlands subdivision regulations, NC State Building Code, flood damage prevention, Protection stormwater regulations, and dune protection regulations. 1.3.3 Estuarine Shoreline Protection These codes are the TowWs basic plan implementation tools. Their proper 1.5 Ocean Hazards enforcement achieves several important land use goals: 1.6 Flood Plains >• i� >• r. +• M W Mao W IMI M M IM r .ate r i� IiilllllA l� I� i r it I' M r M M M M M PLAN IMPLEMENTATION STRATEGY 41 SCHEDULE POLICY REFERENCES IMPLEMENTATION ACTION BEGIN END 2.0 Land Use and • protection of sensitive natural areas; Development . maintenance and improvement of water quality; 6.1 Storm Risk Mitigation elimination of unreasonable risk to life and property in hazard area; 6.2 Development in • guiding community growth and development in a manner that preserves its Hazardous "small town atmosphere'; and Areas . creating land use patterns that recognize the values of the community's natural resources. The planning and code enforcement staff will review zoning proposals and subdivision plans with respect to the septic tank limitations of the soils found on the development sites. 1.2.1 Coastal 2. Continue to work toward implementing a local CAMA development permit FY 98-99 Wetland Protection program using contracted services. A local permit officer will allow the Town to 1.3.3 Estuarine improve its services to property owners and developers. However, it will also offer Shoreline Pro- tection the Town an opportunity to educate and inform property owners on alternative 1.5 Ocean hazards development practices and techniques that will improve the overall environmental 6.1.3 Development quality of development. Examples include the importance of preserving trees and Permitting for vegetation and the use of alternative techniques such as breakwaters or rip -rap to Wetlands stabilize shorelines. IA Soil Suilahility 1. Planning Board review of current zoning, building and development codes to FY 99-III) FY 99-00 1.2.1 t'resinvater determine consistency with Land Use and Coastal Management policies. This Wetlands PLAN IMPLEMENTATION STRATEGY 42 SCHEDULE POLICY REFERENCES IMPLEMENTATION ACTION BEGIN END 1.3.3 Fstuarine review will focus on the codes adopted by the Town Council —zoning ordinance, Shoreline subdivision regulations, flood damage prevention ordinance, and stormwater I A Tree Preser- onlinancc. valion 1.5 Ocean Ilazard Areas The Planning Board will make recommendations to the Town Council on any 2.0 Land Use and required code adjustments needed to maintain consistency will) Land Use Plan Development policies. 3.3 Bikeways 3.4 Sidewalks Encouraging and permitting flexible site planning to protect sensitive natural areas is a requirement for implementing key policies. The Planning Board will specifically address code changes required to permit this flexibility. In addition, the Planning Board will review the feasibility of including tree and vegetation preservation guidelines in the zoning and subdivision regulations. If the Town Council determines that motorized watercraft are damaging coastal wetlands, it will consider adoption of codes or other measures to address the problem. 1.1 Soil Suitability 4. Initiate planning for central wastewater treatment system. The wastewater plan 13 Water Quality will involve multiple phases and will be coordinated with the county wastewater 4.1 Regional Sewer 4.2 Packagc committee and other local governments in the region. Each phase will be reviewed Treatment Plants and approved by the Town Council before proceeding to the next step. wr r � � lr � � r � �r �r r lllA ll• Ili r � r� r M i n i=- i M M i i 1� tli i PLAN IMPLEMENTATION STRATEGY 43 SCI3EDULE POLICY REFERENCES IMPLEMENTATION ACTION BEGIN END Phase One. Background Information. Compilation of existing information and FY 99-00 FY 99-00 Past studies on wastewater treatment needs, alternatives, costs, and financing options. Phase Two. Wastewater Master Plan. Detailed existing and projected needs FY 00-01 FY 01-02 analysis, review and recommendation of most effective treatment alternative, plan for outfalls and colicction system, environmental assessment, cost analysis, and financial plan. Phase Three. System Design. Preparation of detailed plans and specifications and FY 01-02 FY 02-03 detailed cost estimates. 1.2 Welland 5. Develop comprehensive stormwater program. Program will focus on both FY 00-01 FY 01-02 Protection quality and quantity. It will address existing flooding problems, examine 1.3 Water Quality opportunities for significant reduction in the pollutants carried into surface waters by 4.2 Regional Wastewater storm runoff, examine opportunities to retrofit "best management practices," and Treatment continue to enforce the Town's stormwater ordinance for new construction and 4.3 stormwater development. Management 1.3 Water Quality C. Develop water quality improvement plan and program for file Davis Creek FY 99-00 FY 03-04 1.3.2 Estuarine Complex. Improving the water quality in the Davis Creek Complex will be the Waters foundation project in the Town's effort to improve the quality of estuarine waters. 4.3 Stormwater Managewcul The program will use a range of approprilde lechniques/lechnulogics to improve the System quality of existing discharges to the creek, to improve tidal flushing, and to enlist the support ofproperty owners in the overall iniprovemcni efforts. an PLtiN IMPLEMENTATION STRATEGY SCHEDULE POLICY REFERENCES IMPLEMENTATION ACTION BEGIN END The Town will consider purchase of property and easements to implement.. improvement plans. Multiple sources of funding assistance will be sought to support the improvement program. 23 Protection of 7. Seek approval of the Second Bridge at Middleton and the new access road. The FY 99-00 FY 99-00 Homes Alone Town will advocate approval of the second bridge project by the NC Department of Middleton Transportation. It is the Town's policy to seek a bridge location at Middleton 3.0 Transportation 6.4.3 Timely Avenue and an access road alignment Thal runs generally north-sonl8 from Midway Evacuation at NC 211 to Middleton. • The Town, in cooperation with the NCDOT, will develop a plan to protect the FY 99-00 FY 99-00 homes and residentially zoned property along Middleton. This plan will be included in Second Bridge Project Plan. • The Town will cooperate with Brunswick County to develop a regional approach FY 99-00 FY 99-00 to implementation of the Second Bridge Corridor Platt to protect the corridor and the sensitive natural areas from inappropriate development. 1.5.6 Preserve 9. Implement the. mauagenicul plan for "The Point." The "Town will continue to ?Y 99-00 FY 03-04 "The Point" seek financial assistance to implement the acquisition and development plan for The 6.3 Strategic Point, a fragile area located on Iho west end of oak Island in an occ:ut and inlel AcgoisuGon - M= W= M M 1=1 +ram l=11 a W r M l=1 W r M ..M M PLAN IMPLEMENTATION STRATEGY GR SCHEDULE POLICY REFERENCES IMPLEMENTATION ACTION BEGIN END hazard area. Acquisition and development will require assistance from multiple funding sources as well as the Town of Long Beach. 1.5 Ocean Hazard 9• Implement beach preservation plan. Long Beach is a member of the Brunswick FY 99-00 FY 03-04 Areas Beaches Consortium which is preparing a beach preservation strategy that includes 6.1 Storm Risk renourishment, annual maintenance, property acquisition, public education, and Mitigation funding advocacy. Concurrent with development of the preservation strategy, the Corps of Engineers is conducting a feasibility study for a Federally funded beach renourishment project. This study will be complete in the year 2000 and will be the basis for seeking Congressional and state funding for a renourishment project. • The Town will implement an on -going comprehensive beach preservation program. • The Town will develop a funding strategy for the non-federal cost share of the beach renourishment project that includes securing state funding and identifying local matching funds. • The Town will continue working with the Corps of Engineers to implement the Sea Turtle Habitat Restoration Project. Due to the complexity of beach nourishment, this project is identified separately. However, maintenance of a healthy beach will be an essential component of the Town's comprehensive stormwater planning. 2.4 Commercial 10. Develop a plan for tite Central Business District. The Town will collaborate with FY 00-01 FY 00-01 Land use business owners and property owners in the Oak Island Drive business area to 3.2 1998 Thorough- developa plan that addresses si na a pedestrian access driveway access parking, P g g, P Y . P g� fare Plan _ PLAN IMPLEMENTATION STRATEGY ,o SCHEDULE POLICY REFERENCES IMPLEMENTATION ACTION BEGIN END lighting, and wastewater collection and treatment. 11. Prepare an "Owner's and User's" manual for Long Beach. The user's manual FY00-01 FY00-01 will be designed to educate the public and to enlist support for preserving water quality and the resources that are essential to the community's quality of life —examples include, vegetation and tree preservations, homeowner's role in improving the quality of runoff, dune preservation, and the healthy beach's role in flood damage prevention. 5.3.4 Water Access 12. The Town will continue its efforts to locate, acquire, and develop appropriate sites On -going for boat ramps to increase access to estuarine waters. These access points and related facilities will be located in areas where conflicts with surrounding uses are minimized. ' POPULATION AND ECONOMY 47 ' POPULATION Population Growth Trends and Estimates Permanent Population Long Beach's permanent population more than doubled between 1980 and 1990. The ' 1980 Census reported a population of 1,844 persons. The 1990 population was 3,816 persons which is an increase of almost 107%. This percentage increase was significantly higher than the increase experienced by Brunswick County as a whole. The county's population increased by 43% during this period. The town also increased its share of the county population between 1980 and 1990. In 1980, the town's population was 5.2% of the county. In 1990, the town's share increased to 7.5% Long Beach experienced significant growth between 1990 and the present, even though the annual rate of increase slowed somewhat. The 1997 population estimate for the town is 5,441 which is an increase of slightly more than 42%, or 6% per year. According to the estimate, the town's share of total county population also increased to approximately 8.4%. Table 1 provides detailed information on population trends and current population estimates for Long Beach and Brunswick County. TABLE 2 Long Beach Land Use Plan Update Permanent Population Growth Trends and Estimates 1980 1990 Percent 1995 Percent 1997 Percent Increase Increase Increase 1980-90 1990-95 1990-97 Brunswick 35,777 50,985 43% 60,189 18% 64,770 27% County Long 1,844 3,816 107% 4,674 22% 5,441 43% Beach Percent of 5.2% 7.5% - 8.0%- County Sources: US Census 90-97 increase of 43% - 6%/year. Compare ' Bill Farris Associates to Brunswick which has Yd fastest growth in state. POPULATION AND ECONOMY 48 1 Seasonal Population The environmental assessment for the second bridge to Oak Island provides a thorough analysis of the seasonal population for Long Beach.9 The study defines two key seasonal population groups: 1) property -owning summer residents and renters, and 2) overnight visitors who rent accommodations. Estimates of the seasonal population for each of these groups is provided in Table 3. These estimates are based on an estimate of the number of units available and the number of persons expected to occupy each unit. TABLE 3 Long Beach Land Use Plan Update Seasonal Population Estimates 1990 Seasonal Accommodations 1990 Seasonal Population 1997 Estimate of Accommodations 1997 Seasonal 14 Population Seasonal Housing Units 2393 15554 2643 17180 Motel Rooms 165 578 165 578 Campground Sites 150 450 150 450 Transient Marina 20 65 65 211 Totals 3270 16647 4567 18419 Based on: 6.5 pers./house 3.5 persJmotel rm. 3.0 persJcampsite 3.25 persJshp Sources: Hayes and Associates: Technical Memorandum, "Secondary and Cumulative Effects," Second Bridge EIS. 1996 US Census Bill Farris Associates Combined Population Long Beach's total seasonal and permanent population was nearly 20,500 in 1990. The ratio of permanent population to seasonal population was 4.4, or more than four seasonal residents or visitors for each permanent resident. In 1997 the estimated total population was almost 24,000 and the ratio of permanent to seasonal declined to 3.4, or approximately three seasonal residents or visitors for each permanent. These estimates indicate a significant seasonal population in Long Beach with attendant impacts on the town's natural resources, infrastructure, and community services. However, the estimates, if bome out in the upcoming Census, indicate that Long Beach is Peggy Hayes, AICP, Hayes and Associates, Secondary and Cumulative Impacts: Technical Memorandum, Second Bridge to Oak Island, NC Department of Transportation, February 1996. I I POPULATION AND ECONOMY growing into a significant year-round community. This change will have an impact on land use patterns and the need for community services. ' TABLE 4 Long Beach Land Use Plan Update Combined Permanent and Seasonal Population Estimates 1 1990 1997 Permanent Population 3,816 5,441 Seasonal population 16,647 18,419 Total 20,463 23,860 Ratio Seasonal to Permanent Population 4.4 3.4 Source: Bill Farris Associates Population Characteristics Recent data on the age characteristics of the Long Beach population are not available. However, the changes in age characteristics that occurred between 1980 and 1990 trends probably have continued through the 1990's. The two fastest growing age groups between 1980 and 1990 were 45-54 (174%) and 65 and over (168%). In 1990, the largest age group was 65 and over (17%), whereas in 1980 the largest group was 25-34 (15.5%).10 These changes appear to indicate continuation of two well -recognized trends. First, growth of the retirement age population shows that Long Beach is becoming more of a year-round retirement community. Second, growth in the 45-54 age group may reflect some early retirements but more likely indicates that the town is becoming a ' residential community for persons employed in regional industries. I 11 TABLE 5 Long Beach Land Use Plan Update Population by Age Group Age oug 1980 1990 Increas I Percent Under 5 years 041 1791 85 F777W 5-14 243 4111 168 1 69% 15-24 251 3181 671 26% 10 1993 CAMA Land Use Plan, page I -IS. POPULATION AND ECONOMY 50 Me quoun 1980 1990 Increase Percent 25-34 286 552 266 93% 35-44 230 491 261 113% 45-54 217 596 379 174% 55-64 281 620. 339 120% 65 and over 242 649 407 168% Total 1 1,8441 3,8161 1,972 106% Source: N.C. State Data Center HOUSING CHARACTERISTICS AND TRENDS 1990 Housing Characteristics Units, Tenure, and Type The significant population increase between 1980 and 1990 is reflected in the increase in total housing units. During this period, the number of housing units reported by the Census grew from 2,172 units in 1980" to 4,618 in 1990, an increase of 113%. For comparison, the number of units in Brunswick as a whole increased by 72% during the decade. In 1990, 2,225 of the units were year-round and 2,393 were seasonal. The seasonal units were slightly more than 50% of the town's total housing stock. Of the occupied housing units, 1,323, or nearly 80%, were owner -occupied, and 360, or 20%, were renter -occupied. The predominant housing type in Long Beach is single-family detached. In 1990 there were 3,794 single-family housing units, or 82% of all units. There were also 594 mobile homes. Attached housing units, including duplexes and multifamily units, accounted for only 238 units, or 5% of the total. Table 6 provides detailed information on Long Beach's 1990 housing characteristics. 11 Ibid., page I-21. ' POPULATION AND ECONOMY 51 I I I I 7 II it TABLE 6 Long Beach Land Use Plan Update Housing Characteristics 1990 Census Percent Total housing units 4618 Occupied 1683 36% Vacant 2935 64% Status of Occupied Units Owner occupied 1323 79% Renter occupied 360 21% Status of Vacant Units For rent 165 6% For sale 149 52A Seasonal or recreational use 82% Other vacants 228 8% Housing Types Single family detached and attached 3794 82% Duplexes 121 3% Tri- and quadraplex 44 1% Multifamily with 5units or more units 65 1% Mobile homes 1 594 13% Source: 1990 Census of Housing; Bill Farris Associates Housing Age and Condition Large percentage of vacant units typical for beach Seasonal units 52% of total housing units Significant changes were made to the NC State Building Code in the early 1980's to provide greater resistance to storm damage. Therefore, structures built prior to the code changes may face greater risks from stone damage than those built under. the new code. According to the Census, nearly 50% of the 4,618 housing units in Long Beach were built prior to 1980. At the 1990 Census, a very small percentage of the housing units lacked essential facilities: 28 units (0.6%) lacked complete plumbing facilities and 14 units (0.3%) lacked complete heating equipment. POPULATION AND ECONOMY Building Permit Trends 52 Between 1990 and the end of 1997, Long Beach added a total of 837 conventional residential units within the town limits. According to the available records, all of the added units are single-family detached. In addition, at least 43 manufactured housing units were added during the period (information on these units prior to 1994 was not available). Fifty-six permits were issued for single-family residences in the extra territorial jurisdiction that encompasses part of St. James Plantation. Table 7 provides details on building permits. The distribution of the added units between year-round and seasonal is at best a rough estimate. To arrive at a reasonable estimate, it is assumed that the average number of persons per housing units is 2.0 and that there must be sufficient year-round units to accommodate the estimated permanent population. To satisfy these assumptions, approximately the year-round unit share of total housing units added must increase by approximately 3.3% per year between 1990 and 1998. These estimates are reflected in the distribution of units between year-round and seasonal shown in Table 7. At the beginning of 1998, the year-round unit share of total housing units was 51%, up from 48% in 1990. In 1997, it is estimated that approximately 75% of added units were year- round. The Town's water sales during the off-season months confirm these general trends. These estimates do not account for the number of existing units that may have been converted from seasonal to year-round units. Community members participating in the planning process believe that the number of conversions is significant. TABLE 7 Long Beach Land Use Plan Update Residential Building Permits, Population, and Housine Units Year Net residential bldg. Permits Population Estimate Permanent housing units Seasonal housing units ManuJModular Units Total Housing Units 1990 73 38161 2225 2393 4,617 1991 68 3985 2263 2428 4,691 1992 83 4154 2300 2459 4,759 1993 79 4380 2348 2494 4,842 1994 100 4805 2397 2524 12 4,921 1995 133 4674 24671 2566 10 5,033 1996 145 5072 2557 2607 12 5,164 1997 156 5441 2662 2649 9 5,311 1998 - 2778 2686 5,464 Total 8371 1 43 Source: Town of Long Beach; Bill Fan -is Associates POPULATION AND ECONOMY 53 ' LOCAL ECONOMY Income Using median household income and per capita income statistics as an indicator, Long Beach's local economy is strong. Median household income and per capita income for ' the town were $27,072 and $14,837 respectively in 1990. The median household income was 13% higher than Brunswick County as a whole. On Oak Island, Long Beach's median income is only slightly higher than Yaupon Beach ($26,548) and is significantly lower than Caswell Beach ($51,379). Some of these differences are related to the size of the communities and the number of residents still in the labor force. Employment Table 9 shows the level of workforce participation in 1990. The percentage of population, 16 years and over, which is not in the labor force is somewhat higher than Brunswick County as a whole. The Census reported 1,402 persons (44.3%) in this age group who were not in the labor force. In the county as a whole, 40% of the age group is ' not in the work force. This lower workforce participation is expected for a retirement - oriented community. Unemployment in 1990 was 2.6%. This rate is significantly lower than Brunswick County (4.2%). ' Table 10 provides a general picture of where residents of Long Beach are employed. The dominant industry is retail trade, employing nearly 1 in every 4 workers, followed closely by services. The dominance of these industries reflects the retirement and resort nature of the community. Communications and utilities is the third major employment sector. A significant number of the employees in this group may work at the generating facility. TABLE 8 Long Beach Land Use Plan Update Income Characteristics [I I Income Characteristic Long Beach Caswell Beach Yaupon Beach Brunswick Countv Per Capita Income $14,837 $27.060 $17784 $11,688 Median Household $27,072 $51,379 $26,648 $23,480 Income Source: 1990 Census I POPULATION AND ECONOMY 54 TABLE 9 Long Beach Land Use Plan Update Employment Status Persons 16 Years and older Employment status Long Beach % of Total Brunswick County % of Total In labor force In armed forces 0 0.0% 89 0.2% Civilian Employed 1678 53.1% 22310 55.2% Unemployed 82 2.6% 1702 4.2% Not in labor force 1402 44.3% 16311 40.4% Totals 3162 100.0% 40412 100.0% % of Total Population in Labor Force 46% NA 470/( NA Source: 1990 Census; http://venus.census.gov/cdrom/lookup/8676... TABLE 10 Long Beach Land Use Plan Update Employment by Industry industry Long Beach % of Total Bruns- wick % of Total Agriculture, forestry, fisheries, and mining 7 0.4% 971 4.4% Construction 201 12.0% 2965 13.3% Manufacturing 176 10.5% 3096 13.9% Transportation 8 0.5% 10 o Communications and utilities 239 14.2% 1476$262% Wholesale trade 54 3.2%g1216 Retail trade 392 23.4% Finance, insurance, and real estate 95 5.7% Services 385 22.9% 5852 Public administration 1 1211 7.20o 9161 4.1% 1678100.0% 223101 100.0% Source: 1990 Census; http://venus.census.gov/cdrom/lookup/8676... Public utilities, retail trade, and services are dominant employee POPULATION AND ECONOMY 55 1 Local Business The data in Tables 11 and 12 characterize the types and numbers of businesses in Long Beach. Due to the growth of the community, the number and type of local businesses is ' changing rapidly. The data in Table 11 is the most recent available from the Census on the retail trade sector. However, the Planning Steering Committee believes that this data ' is seriously out-of-date. Therefore, it is supplemented with information on the number of privilege licenses sold over the past five years. This data, too, may give a distorted picture of the local economy for the following reasons: • It includes businesses located outside of the town but doing business inside the town limits. Construction companies are an example. • Collections from certain businesses are often difficult making estimates of the total number of businesses inaccurate. • Some of the permit categories are too broad. Examples are general business and miscellaneous business. Never the less, Table 12 shows that the number of businesses increased from 551 in 1993 to 719 in 1997—an increase of 30%. The table also shows the importance of the construction industry to the local economy. In 1997 more than 60% of the licenses sold were for construction -related businesses. TABLE 11 Long Beach Land Use Plan Upda e Retail Trade Retail trade sector relatively undeveloped in Long Beach. Demand will grow with population Category of Business Long Beach Brunswick County Number of Establishments Number EmDlov s Number of Establishments Number of Em to ees Building materials and garden supplies 2 D 28 164 General merchandise 0 0 19 200 Food stores 5 7 61 620 Automotive dealers 1 D 27 143 Gasoline service stations 1 D 26 151 Apparel and accessories 0 0 31 92 Furniture and home fiunishin s 0 20 62 Eating and drinking laces 3 D 106 1147 Drug and proprietary stores 14 0 0 15 156 Miscellaneous retail 3 9 50 149 15 ? 383 2884 Source: 1992 Census of Retail Trade POPULATION AND ECONOMY 56 1 TABLE 12 Long Beach Land Use Plan Update Estimate of Business Licenses Sold,1993-1997 Business Category 19931 19941 19951 19961 1997 Estimate Number of Licenses Sold Amusements 14 9 4 10 6 Pawnbrokers 2 1 1 1 1 Peddlers 5 5 3 2 1 Contractors and construction companies 242 206 218 238 373 Hotels and motels 341 39 431 6 6 Restaurants 16 16 11 11 11 Barbershops and beauty salons 13 5 8 9 8 Weapons dealers 0 0 1 1 0 Automotive service stations 10 1 2 0 0 Wholesale auto equipment and supply dealers 1 0 0 0 0 Motor vehicle dealers 21 3 21 2 2 Plumbers, heating contractors, and electricians 84 68 68 79 102 General business 29 59 60 90 109 Miscellaneous business 99 74 85 961 101 551 486 506 5441 719 Source: Bill Farris Associates; Town of Long Beach Anticipated Economic Changes No major changes in the structure of Long Beach's local economy are anticipated during the planning period. The economy will continue to be heavily seasonal and tourism - related. Retail and services will continue to be the major employers. However, as the gap between permanent and seasonal population narrows, the economy will become more year-round. This will expand the number of community serving retail operations and the availability of services on the island. Two additional forces may produce change in the pace of development in Long Beach and on Oak Island: ' POPULATION AND ECONOMY 57 11 1 1 [] 11 1 1 • Construction of the Second Bridge and access road will open the mainland and the extra territorial jurisdiction to development and will increase the demand for housing on the island. • Provision of central sewer will make more lots buildable, resulting in more intense development patterns on the island. POPULATION PROJECTIONS12 Forecasting Long Beach's future population, with. accuracy, is one of the most difficult. aspects of the planning process. Many factors will influence the Town's population in 2008, such as annexation, the presence or absence of a central sewer system, construction of the Second Bridge, a major storm, and a major change in the economy. With these factors in mind, the forecasts of permanent population presented in Table 13 are based on the assumption that the proportion of Brunswick County's population living in Long Beach over the next ten years will follow past trends. These trends show the town's share of total county population increasing since 1980. This increase is projected to continue for the next ten years. Seasonal population is also difficult to forecast. For the purposes of this plan, it is assumed that the current seasonal -visitor ratio of 3.4 will continue. TABLE 13 Long Beach land Use Plan Update Permanent and Seasonal Population Projections Year 2000 1 2005 2008 Permanent Population Brunswick County 69,653 77,315 81,600 Long Beach 6,300 7,7001 8,506 Seasonal Population Lon Beach 21,400 26,200 28,900 Total Po ulation Long Beach 27,7001 33,9001 37,400 Source: Bill Farris Associates 12 For the planning period, these projections can be assumed to include the ETJ. POPULATION AND ECONOMY 58 1 According to these projections, the permanent population will increase from its current level of 5,441 to 8,500 in 2008. This amounts to a 56% percent increase over the 10-year period. While this increase is not as dramatic as that of the 1980's, it does represent a very rapid growth rate. The seasonal population is projected to increase to 28,900, up from the current estimate of 18,419. After the Steering Committee reviewed the initial projections, the seasonal population projection was lowered somewhat. The Committee believes that the ratio of seasonal to permanent population is closing. This belief is substantiated by the Town's water consumption records that provide a reasonable base of comparison between off- season and peak -season population. Water consumption trends are discussed in the Community Services section of the plan. HOUSING NEED PROJECTIONS Table 14 uses the 10-year projections of permanent and seasonal population increases to estimate the related need for housing units. The estimates for year-round housing assume an average occupancy of 2.0 persons per housing units. The seasonal unit projections assume an average occupancy of 6.5 persons per unit. Any change in these occupancy levels will result in significant changes in the need for housing. TABLE 14 Long Beach Land Use Plan Update Estimate of Housing Need 1998-2000 2000-2005 2005-2008 1998-2008 Permanent 650 1,400 800 3,450 population increase Year-round 325 700 400 1,725 housing units Seasonal 2,200 4,800 2,700 11,800 population increase Seasonal housing 338 738 415 1,815 units Source: Bill Farris Associates In order to add this many units, the number of building permits issued by the Town will increase sharply. Permits are running in the 175 to 200 per year range at this time. The projections would require permits in the 300 to 350 per year range. POPULATION AND ECONOMY 59 JUI �•' Population and Housing • Like other coastal communities, Long Beach's population is growing rapidly. Between 1980 and 1990, the population grew by 107%. During the 1990's, the population has increased by 43% with an estimated 1997 population of 5,441. • The seasonal population is growing along with the permanent population. The seasonal population was approximately 16,647 in 1990 and increased to 18,419 in 1997. The ration between seasonal and permanent population is declining. In 1990, there were 4.4 seasonal residents for one permanent resident. In 1997, this ratio is estimated at 3.4. • Population in the 45 to 54 age group increased by 174% during the 1980-90 period. This increase may be related to both early retirement and an increase in the number of persons living in Long Beach and working in regional businesses. The 65 years and over age group had the second highest increase. This increase reflects the town's growing retirement population. • The number of new housing units for permanent residents is increasing at a rate of 3.3% per year. In 1997, it is estimated that 75% of the residential units built were for permanent residents. • The predominant housing type remains single-family residential. • The percent of manufactured housing units is declining. In 1990, 13% of the total units were mobile homes. In 1997, the number of mobile homes is estimated at 11.6% of total housing units. Economy • Long Beach's median household income is higher than Brunswick County as a whole. In 1990, the towns median income was $27,027 and the county's was $26,648. • The unemployment rate in Long Beach, in 1990, was 2.6%—significantly lower than Brunswick County. Most people are employed in retail trade or services. These sectors account for nearly 1/2 of all jobs. Communications and utilities employ the third greatest number of residents-14.2%. • Local businesses experienced major growth between 1993 and 1997. Estimates from business licenses show an increase from 551 businesses in 1993 to 719 in 1997. Construction and construction related businesses dominate. ' POPULATION AND ECONOMY 60 ' Projections • The ratio of seasonal to permanent population is assumed to be 3.4 to 1. • The permanent population will increase from the current level of 5,441 to 8,500 in 2008—a 56% increase for the 10-year period. • Seasonal population is projected to increase from its current level of approximately 18,400 to 37,400 in 2008. The seasonal population projection was lowered from initial projections because the LUP Steering Committee believed that the gap between seasonal and permanent population to be closing. This belief is substantiated by seasonal water consumption records. i LAND SUITABILITY 61 Hazard Areas Storm Surge Inundation Areas ' As expected, the Town of Long Beach and the mainland Extra Territorial Jurisdiction (ETJ) are vulnerable to the storm surge hazards associated with hurricane level storms. ' The approximate areas impacted by various levels of hurricanes are described below: • Category 1 and 2 storms are predicted to inundate the beach front and the areas ' between the beach and the north side of Davis Creek. In addition, surges from low strength storms will inundate areas along the Intracoastal Waterway and the creeks on t the mainland that approximate the 100 year flood plain. • Category 3 storms will impact additional areas along Davis Creek and at the western end of the island and at the eastern Town limits in the area most densely developed. In the eastern area, a category 3 storm will inundate all of the area from the Waterway and the Elizabeth River south to Oak Island Drive. This level storm will also ' inundate additional areas along the margins of the creeks on the mainland. • Category 4 and 5 storms will impact the entire island and the ETJ. . Map 2 provides approximate locations of areas inundated by the three storm levels. ' Flood Hazard Areas The 100 year flood plain is an accepted benchmark for defining flood hazard. In Long Beach, the main area in the 100 year flood plain is located in the southern part of the island extending west -to -east along Davis Creek to the Town limit. The eastern portion ' of this flood plain follows the old run of the creek before it was filled. The 100 year flood plain also extends from the Waterway beyond Yacht Drive and well into the ' densely developed residential area between 79t° and 60 Streets East. Map 3 provides an approximate location of the 100 year flood plain. The information on ' this map is interpreted from mapping provided by the Division of Coastal Management. It is intended for land use planning purposes only. Prior to any specific development or ' land improvement, on site investigation is required. Manmade Hazards ' The Brunswick Nuclear Plant, an electric generating facility operated by CP&L, is ' located within a radius of approximately six miles from the Long Beach Town Hall. �ZIA! t v MANI a II E LL m g lifif HO N d N r I LAND SUITABILITY 62 ' Evacuation of Oak Island would be a necessary contingency in the event of an accident c ' the Brunswick Plan. The Town's emergency response plan recognizes the need for the Second Bridge at Middle to accomplish a timely evacuation of the island. ' The Brunswick Airport is within a 3-mile radius of Town Hall. However, the town is no: within the airport's clear zone or accident potential zone. ' The Sunny Point Military Ocean Terminal is located approximately 10 miles from Toter. Hall. Sunny Point, which is a very large armaments storage, handling, and shipping facility owned by the Department of Defense. A catastrophic accident at this facility ' could impact the Town. The North Carolina Division of Emergency Management's Tier II Reports lists two ' facilities where hazardous materials are stored in Long Beach. However, further analysis indicates that these facilities are not in Long Beach's planning jurisdiction. Soils ' The Brunswick County Soils Survey identifies nine soil mapping units in Long Beach. According to the interpretations in the Soil Survey, the characteristics of Long Beach soiL• ' present a significant constraint to development. An overview of soil limitations is presented below: • Corolla, Kureb, and Wando mapping units have slight or moderate limitations for . ' street construction. These soils are located from west -to -east in the higher area o: the island north of Davis Creek. Construction of streets on these soils will require minimal amendments to overcome limitations. The Corolla soils are located in areas subject to flooding and will require special attention to stormwater ' management practices. • Only the Kureb and Wando mapping units are rated as having slight limitations for construction of dwellings. Wetness and flooding potential are the key ' considerations in the severe limitation ratings of the other soil units. • All of the soil units in Long Beach and the ETJ have severe limitations for septic ' tanks. While flooding is a factor in many of these interpretations, slow percolation and poor filtration are also factors leading to the severe limitation. Even though all soils are rated as severe for septic tanks, permits are still issued for on - site wastewater disposal. The reason permits are issued is that there are "inclusions" ' within the soil units. These inclusions are areas of good soils within an area of generalh bad soils. The presence of inclusions means that actual determination of the soil's ability ' to support a septic tank must be done on a lot -by -lot basis. Ideally, subdividers make these determinations in the subdivision review process for undeveloped land. LAND SUITABILITY 63 Table 15. In addition, Map 4 shows the town's soils and limits for development. For purposes of mapping development limitations, soils are grouped in two categories: develop with caution and develop with extreme caution. Slope Slope is not a significant limiting factor for development in Long Beach. Three potential areas are identified with slopes that exceed 12%. One of these areas is the dune along the ocean front. With the exception of the western end of the island at The Point, the oceanfront area is already developed. TABLE 15 Long Beach Land Use Plan Update Soil Limitations for Development Soil Unit . Map Sym. Limitations Septic Tanks Dwellings Streets Bohicket Bo Severe; flooding, ponding, and slow perc Severe; flooding Severe; flooding, low strength Corolla Co Severe; wetness, poor filter Severe; flooding Moderate; flooding Duckston Du Severe; flooding, ' wetnesspoor filter Severe; flooding, wetness Severe; flooding Kutch KrB Severe; poor filter- Slight Sli ht Lafitte La Severe; flooding Severe; flooding, low strength Severe; flooding, low strength Leon Le Severe; wetness, poor filter Severe; wetness Severe; wetness Newhan NeH NhE Severe; poor filter Severe; sloe Severe; slope Wando WaB Severe; poor filter Slight Slight Yaupon YaB Severe; wetness, slow erc Severe; wetness Severe; low strength, shrink -swell Source: Brunswick County Soils Survey The second area is along the north shore of Davis Creek between 291' and 2151 Streets NE. In this area, the creek banks have excessive slope. Even though all of this area has been subdivided, most of the lots adjacent to the creek are unimproved. Measures should be taken in this area to prevent erosion and sedimentation when the lots are improved. The third area is located along the north and south banks of the Intracoastal Waterway. The cut for the Waterway created very steep banks that are subject to erosion. A majority of the lots on the south bank are improved with houses. The north bank is in the ETJ and is undeveloped. A large stretch of the north bank east of Middleton is in public ownership and is used for depositing spoil from maintenance of the Waterway. Spoil I I 1 0 1 2 Miles Fin Farris Associates 1998 no pnpwwl or Eta meVw I In prl ptmgh a pet providM by go Norm cachr conad Wnomnmt Pm9 mR+aM AM* offof Oo rid Oo@M Z" Rt MwwpeowR NO=*OomkmW Akn=O.ao b.,*ftbmM 1, LAND SUITABILITY 64 ' deposits on the north side form a high sand ridge along the Waterway. This sand is a resource for beach nourishment in Long Beach. ' Shoreline Areas with Erosion Potential ' There are two areas where potential shoreline erosion is a concern. One includes most of the shorelines along the Waterway. The predominant soil types in this area are Kureb, ' Leon, and Wando. According to the Soil Survey, all of these soil types are prone to caving along cut banks. This appears to indicate a potential for shoreline erosion along ' the Waterway, and in fact, some properties have experienced erosion. The second area with erosion potential is along Davis Creek. Even though marsh grasses ' provide some protection, some of the same soils are present in this area as along the Waterway and have potential for erosion. In this area, a good deal of erosion is from ' watercraft wakes. Fragile Areas -Areas of Environmental Concern Fragile areas are defined by the CAMA planning guidelines as "sensitive areas which ' could be easily damaged or destroyed by inappropriate or poorly planned development" These areas include Areas of Environmental Concern (AEC) or other areas that might , ' qualify for the AEC designation. AEC's are a central component of the coastal management program. Development and many uses of these fragile areas require a major or minor development to ensure that the activity meets the use standards of the Coastal Resources Commission. ' The Estuarine System The estuarine system includes those water and land areas of Long Beach that contribute ' enormous values to the quality of life enjoyed by the town's residents and visitors. These values include support of the local and state economy, essential contributions to the biology of the coast, and contributions to the unique coastal lifestyle. The system has ' several interrelated components: estuarine waters and shorelines, coastal wetlands, and public trust areas. The Coastal Management Program places major emphasis on managing the whole coastal system and not focusing on just one component. The elements of the system are 1 LAND SUITABILITY 65 interrelated and destruction or impairment of one element will have a negative impact on all others. Coastal Wetlands In North Carolina, coastal wetlands are defined as "any salt marsh or other marsh subject to regular or occasional flooding by tides, including wind tides..." This definition does not include flooding by tides associated with hurricanes and tropical storms. The state may also designate contiguous lands as wetlands if necessary to carry out the purposes of the Coastal Area Management Act. Coastal wetlands perform a variety of valuable functions: • Provide decayed plant material and nutrients that support the complex food chains in the estuaries. • Support 90% of the value of the state's commercial fish and shellfish catch. • Provide high quality habitat for waterfowl and wildlife. • Act as barriers against flood damage and control erosion between the estuaries and the uplands. • Act as a trap for nutrients, sediment, and pollutants and help to maintain estuarine water quality. In the management of coastal wetlands, highest priority is given to conservation; second priority is given to water dependent uses that require water access and cannot be located elsewhere. Map 5 shows the location of coastal wetlands within the town and the ETJ. Estuarine Waters and Estuarine Shoreline Estuarine waters in Long Beach include the Lockwoods Folly Inlet, the lower Lockwoods Folly estuary, Davis Creek, and the Intracoastal Waterway. These estuaries are among the most productive natural systems in the state. They support valuable commercial and sports fisheries of the coastal area which include estuary dependent species such as menhaden, flounder, shrimp, crab, and oysters. The high productivity values of the estuary are associated with three essential processes: circulation patterns caused by tidal energy, fresh water flow, and shallow depth; nutrient trapping mechanisms; and protection offered to many species. Important features of the `._11111111111►11i1►1f11111111111110avev�i►��AV �► ►►��f ''= -- �:� LAND SUITABILITY I D I [1 I I I 1 I estuary system include mud and sand flats, eel grass beds, salt marshes, submerged vegetation flats, clam and oyster beds, and important nursery areas. The estuarine shoreline, while an upland area, is considered an element of the estuary system due to the close association with the adjacent estuarine waters. Estuarine shorelines are those non -ocean shorelines which are especially vulnerable to erosion, flooding, or other adverse effects of wind and water and are intimately connected to the estuary. The estuarine shoreline extends landward from mean high water for a distance of 75 feet. Development in this area is controlled by permits, and it cannot weaken natural barriers to erosion, must have limited impervious surfaces, and must take measures to prevent pollution of the estuary by sedimentation and runoff. Long Beach's estuarine waters are shown in Map 5. Primary Nursery Areas are located on Map 7. Public Trust Waters The five categories of public trust waters are described as follows: (1) the Atlantic Ocean and the land under it from mean high water seaward to the limit of the state's jurisdiction; (2) all natural bodies of water subject to lunar tides and the lands under them to the mean high water mark; (3) all navigable natural water bodies and the lands under them to the mean high water level or the mean water level (privately -owned lakes where the public has no access right are not included); (4) all water in artificially created water bodies containing significant public fishing resources or other public resources which are accessible to the public by navigation from bodies of water in which the public has rights of navigation; and (5) all waters in artificially created bodies of water in which the public has acquired rights by prescription, custom, usage, dedication, or any other means. Under this definition, public trust waters include all of the town's estuarine waters and the Atlantic Ocean. The definition may also apply to any upland ponds located in the ETJ. The key management principle for public trust waters is to maintain their accessibility to the public. Development, structures and land uses that interfere with the public's right of access and use or that diminish the biological, economic, or aesthetic values of the resource are prohibited. LAND SUITABILITY 67 1 Ocean Hazard Areas Ocean hazard areas, due to their special vulnerability to erosion or other adverse impacts of sand, wind, and water, are areas where uncontrolled or incompatible development could unreasonably endanger life or property. In Long Beach, the ocean hazard area is comprised of three categories of land: ocean erodible area, high hazard flood area, and inlet hazard area. Development and land use activities in these areas require a major development permit to ensure that life and property are not exposed to unreasonable risks. Ocean Erodible Area —This is the area along the beach where there is a significant risk of excessive beach erosion and significant shoreline fluctuation due to natural processes, including hurricanes and tropical storms. The seaward boundary of the ocean erodible area is the mean low water mark; the landward boundary -is described as follows: (a) 120 feet or 60 times the established erosion rate, whichever is greater, landward of the first line of natural vegetation. This is called the recession line; and (b) distance landward from the recession line described in (a) above to an additional recession line that would be equaled by a storm having a 1% change of being equaled or exceeded in any one year, and (c) extending to the landward limits of the V-zone (which may cross the entire barrier island to the estuarine shoreline. Due to the significant variation in the first line of natural vegetation, the ocean erodible area is defined on a lot -by -lot basis. Setbacks are the major development restriction within the ocean erodible area. Generally, these requirements are as follows: (a) Where there is no frontal or primary dune, development must be set back a distance equal to 30 times the annual erosion rate or 60 feet, whichever is less, from the first line of stable natural vegetation. (b) Where a primary dune exists, the development must be landward of the crest of the primary dune or the erosion setback line, whichever is farthest from the first line of stable natural vegetation. ' LAND SUITABILITY 68 • High Hazard Flood Area —the area subject to high velocity waters, including but not limited to hurricane wave wash, in a storm having a 1 % chance of being ' equaled or exceeded in any given year. This area is identified as Zone V on the flood insurance rate maps and it overlaps the ocean erodible area described ' above. Development in this area is subject to the same setbacks as described for the ocean erodible area. In addition, however, for any multi -family residential or non-residential structure of more than 5,000 square feet of floor area, the minimum setback is doubled. The High Hazard Area is shown on Map 3. ' • Inlet Hazard Area --the area around Lockwoods Folly Inlet that is especially vulnerable to erosion and other adverse effects of sand, wind, and water. The area ' extends landward for a sufficient distance to encompass that area within which the inlet is projected to migrate. Development in inlet hazard areas must comply with three key use standards: (1) must comply with the setbacks for the ocean hazard ' area; (2) density of commercial and residential structures limited to no more than 3 units per acre; and (3) only residential structures of 4 units or less and ' commercial structures of less than 5,000 square feet are allowed. Long Beach's Inlet Hazard Area is shown on Map 3. This map is for planning purposes only. On -site investigation is required for any development or construction. Sensitive Habitats —Priority Natural Areas and Maritime Forest Priority natural areas are sites identified through the inventories of the North Carolina Natural Heritage Program. The identification of a Priority Area is based on its natural diversity and the occurrences of rare plant and animal species, rare or high quality natural communities, and geologic features. 1 A Priority Natural Area of statewide significance is located in the western area of the ETJ adjacent to Sunset Harbor. Habitats in this area include swamp forest, fresh water marsh, ' and managed pine lands. ' The Boiling Spring Lakes Wetland Complex is a Priority Natural Area of national significance located just north the ETJ. The present alignments being considered for the ' Second Bridge Corridor impact this Natural Area. LAND SUITABILITY 69 Only small remnants of the maritime forest communities remain on Long Beach. These communities contain a number of salt -tolerant trees and shrubs --myrtles, hollys, sumac, bays, loblolly pines, cedars, and live oaks are typical --that are sculpted by wind and sea spray. These forest communities are among the most beautiful landscapes along the coast. While pockets of maritime forest may be identified in a number of areas, the remaining concentrations are located in the southeastern area and on the dune system in the southwestem area. These remaining forests should be addressed in any comprehensive tree and vegetation preservation program. The Priority Natural Areas and the general location of maritime forests are shown on Map 6. Historic and Archaeological Sites There do not appear to be any nationally significant historic or archaeological sites within Long Beach. However, at least 76 archaeological sites are recorded by the NC Department of Cultural Resources. Such sites are easily disturbed by contemporary land use activities and natural shoreline erosion. Any development projects that impact these sites should be undertaken in coordination with the NC Division of Archives and History. No structures of historical or architectural significance are located within the Towns planning jurisdiction. Summary of Findings All of the developed and undeveloped land in Long Beach is vulnerable to hurricanes. The lowest level storms will inundate the beachfront area, the low-lying area between the beachfront and the margins of Davis Creek, and areas along the waterway. The highest level storms, Categories 4 and 5, will inundate the entire island and the extra territorial jurisdiction. Construction standards and development patterns and intensity must recognize the risks and hazards in these areas. The most significant manmade hazard is the CP&L nuclear generating plant located near Southport. Safeguards are in place to ensure adequate responses to any emergencies at this facility. All of the soils in Long Beach are rated as having severe limitations for septic tanks. Without a central wastewater treatment system, property owners and developers must proceed with caution. I I I I i C! I I I F 11 1 O 0 nk\ 1 0 1 2 Miles B71 Farris Associates 1998 ---------_I__,. Map 6. Natural Heritage Priority Areas - Maritime Forest Natural Heritage Priority Area - National Significance Natural Heritage Priority Area - State Significance General Location of Maritime Forest Town Boundary A# Extra Territorial Jurisdiction ^/ Streets and Roads Watersheds in the Planning Area are shown on Map 7. The proWedon dM mvp nrrkwhW �agwd ���� vow bym. ao..rr mm Mwmgwrat Ad of IWZ m m mmIaL VAid Y m/IIYIYwmA by Om OmmaOo ad Comm lam Rs Merrpmmt, NMmI Owie WW A400mywle mnYnhbatlwt ' LAND SUITABILITY 70 t• The estuarine system, which includes coastal wetlands, estuarine waters, and the estuarine shoreline, contributes enormous values to the quality of life enjoyed by the ' town's residents and visitors. These resources also present a significant constraint to development. These sensitive areas "could be easily damaged or destroyed by inappropriate or poorly planned development." Conservation is the primary management objective in these resource areas. • Ocean hazard areas include three categories of land: the ocean erodible area, high ' hazard flood area, and the inlet hazard area. These lands are located along the town's beachfront and at the Lockwoods Folly Inlet. Due to their vulnerability to erosion or other adverse impacts of sand, wind, and water, uncontrolled or incompatible ' development in these areas could unreasonably endanger life or property. • The Towns extra territorial jurisdiction (ETJ) contains large areas identified as priority natural areas by the NC Natural Heritage Program. These areas have either ' state or national significance due to their natural diversity and the occurrence of rare plant and animal species, rare or high quality natural communities, and geologic features. These areas are located in the western end of the ETJ near Sunset Harbor. ' The Boiling Spring Lakes Wetland Complex is located just north of the ETJ. To protect these areas, site planning needs flexibility to design around them and organizations and agencies need to be identified to own and/or manage them. Only remnants of once extensive maritime forests remain. These forest communities should be addressed in any comprehensive program for preserving trees ' and vegetation. F I 11 [I I 1 1 WATER AND LAND USES WATER USES Watersheds 71 ' The Long Beach Planning Area is located in two major Coastal Area Watersheds: the Lumber River Basin and the Cape Fear River Basin. The western 2/3 of the island drains to the Intracoastal Waterway and to the Lockwoods Folly River system that is part of the Lumber River Basin. The eastern 1/3 also drains to the waterway, but in this area, the waterway drains to the Cape Fear River. The majority of the ETJ drains to the waterway and to the Lockwoods Folly River. The watersheds are depicted on Map 7. Water Quality Use Classes The classification system for surface waters is a key component of the state's water quality management system. The water quality use classes seek to protect and restore coastal waters so that they can be used for recreational purposes and that healthy habitat for shellfish, finfish, and wildlife is maintained. In Long Beach, all of the surrounding estuarine waters, including the lower Lockwoods Folly estuary, the Intracoastal Waterway, and Davis Creek and Canal, are classed SA. The SA classification is assigned to waters used for shellfish harvesting. By definition, waters classed SA are also given the supplemental class of High Quality Water (HQW). HQW's are afforded special protection, including protection from erosion and sedimentation during construction on adjacent land, limits on wastewater discharges, and restrictions on lot sizes. The waters of the Atlantic Ocean are classed SB. This classification means that these waters are managed for swimming and other primary recreational uses. Use Support According to mapping provided by the Division of Coastal Management (DCM), all of the Planning Area's coastal waters in the Lockwoods Folly Basin and Cape Fear River Basin are designated as partially supporting with regard to Water Quality Use Classification. This designation means that water quality is not high enough to support one or more of the classified uses of the water. For example, if bacterial levels ire too WATER AND LAND USES 72 I 1 LJ I IJ 1 11 'mil high for shellfishing but low enough for swimming, the water is considered partially supporting. If bacterial levels are too high for either shellfishing or swimming, then the water would be designated non -supporting. According to the Division of Water Quality's basinwide plans, the primary sources of water quality impairment in the Long Beach planning area are urban runoff, septic tanks, and marinas. Closed Shellfishing Areas —Primary Nursery Areas All of the estuarine waters surrounding Long Beach have potential for shellfishing due to their SA designation and the presence of extensive primary nursery areas. However due to deteriorating water quality, extensive estuarine water areas are closed to shellfishing: the Intracoastal Waterway in the northeastern sector of Long Beach and at the western end of Oak Island Drive; most of Davis Creek; and the headwaters of the Elizabeth River. In addition, an extensive shellfishing area in the upper Lockwoods Folly estuary is closed. This closed area impacts commercial shellfishing and recreation in Long Beach but it is not actually in the planning area. The primary nursery areas are located at the Elizabeth River, Polly Gully Creek on the mainland at St. James Plantation, and in the upper reaches of Davis Canal. These areas are illustrated on Map 7. Summary of Water Uses All of Long Beach's surrounding estuarine waters are classed SA. This designation is assigned to waters used for shellfishing. By definition, waters classed as SA are also given the class of High Quality Water (HQW). HQWs are afforded special protection —protection from erosion and sedimentation during construction on adjacent land, limits on wastewater discharges, and restrictions on lot sizes. WATER AND LAND USES 73 �.: The NC Division of Water Quality's Basinwide Plans show that all of these waters are designated as partially supporting. This means that water quality is not high enough to support one or more of the classified uses of the water. These plans indicate that the primary source of water quality impairment in these waters is stormwater runoff, septic tanks, and marinas. • Due to poor water quality, extensive estuarine water areas are closed to shellfishing--the Waterway in the northeastern sector and at the western end of the island; most of Davis Creek; and the headwaters of the Elizabeth River. LAND USE Introduction The 1986 and 1993 Land Use Plans identified similar land use issues. To some extent, these issues, which are summarized below, still exist: The area generally east of 65`h Street East is overbuilt. Septic tank malfunction is not uncommon. The commercial area along East Oak Island Drive is developed as a strip with the attendant problems of strip commercial development. Multiple driveways cause traffic congestion; pedestrian access is difficult; and parking is unorganized or inadequate. Most of the lots are small (55' X 120) and nearly all of the town has been subdivided. Without a central wastewater treatment system, there is potential for continuing problems with septic tank failure. The towns subdivision plan is based on a grid pattern street system. While the grid system can be an effective approach to subdivision design, the street pattern in Long Beach relies to heavily on three east -west traffic corridors —Oak Island Drive, Beach Drive, and Yacht Drive. As a result, there is a potential for too much traffic on these east -west arteries and too much traffic on the residential streets connecting to the arteries. I 1 1 CI WATER AND LAND USES 74 During the summer months, traffic congestion is a problem on Long Beach. The subdivision pattern on Long Beach is set —predominantly small, single-family lots. Solutions must work within the confines of the existing subdivision, are complex, and may require significant public investment. Generalized land use patterns are shown on Map 8. Residential Land Use Residential land use description uses the three areas defined in the 1993 Land Use Plan: Eastern Long Beach —area bounded by the eastern Town limits at 791h Street East, East Oak Island Drive on the south, a line between 64`h and 65`h Streets East on the west, and the Intracoastal Waterway on the north. Mid and West Town —area bounded on the east by a line between 64`h and 65`h Streets East, East Oak Island Drive and Davis Canal on the south, and the Intracoastal Waterway on the west and north. The Beach —areas south of East Pelican Drive and Davis Creek/Davis Canal. Eastern Long Beach As described in the 1993 Land Use Plan, "eastern Long Beach is the oldest and most densely developed section of the town." There are approximately 1,100 lots in this area and more than 80% of these lots are built on. These lots typically measure 55' by 120' with an area of 6,600 square feet. Most dwellings are constructed on single lots; however, combination of lots by owners is common. The eastern area is zoned R-2. The minimum lot size in this district is 6,600 square feet which makes the existing lots conforming. The major permitted uses in this district are single-family dwellings and mobile homes. Mobile homes must have at least 550 ' WATER AND LAND USES I 1 H U II I square feet of habitable living space. 75 Mobile homes account for over 50% of the dwellings built on the developed eastern area. Due to the age of the development, many of these mobile homes are more than 20 years old and are not constructed to meet current state and HUD standards. As a result, many of the dwellings in eastern Long Beach may be subject to extensive damage in a major storm. Like other areas in Long Beach, the soils in the eastern area are not suited for septic tanks. The area generally has the lowest elevation in the town's developed area. A high water table is characteristic of the area which produces widespread problems with septic tanks. Current septic tank regulations prevent development on substandard lots. However, most of the lots in the eastern area were developed under less rigorous regulations. This may be one reason why this area is more densely developed than the mid- and west areas. The high water table and low elevation also aegravate problems with stormwater runoff. Mid and West Town The residential uses in the Mid and West Town Section are almost exclusively conventional single-family detached dwellings. This area contains an estimated 11,250 lots (1993 Land Use Plan). Well over ''/z of these lots are vacant. The vacant lots are evenly distributed east to west, but there appears to a concentration of developed lots along Oak Island Drive and Yacht Drive. Virtually all of the land surrounding Davis Canal and Creek is subdividedand many of the lots adjoining this sensitive area are developed. The lots are laid out in very long narrow blocks. East -west access is limited primarily to Oak Island Drive and Yacht Drive. These arteries are not properly spaced to provide adequate east -west access. The result is excessive traffic on some residential streets and high traffic volumes on the east -west arteries. In addition, the street layout complicates installation of public infrastructure. Little can be done about the street and lot layout. Nearly all of the land is subdivided and the WATER AND LAND USES 76 lots have been sold to individual owners. Except for some areas scattered along the Intracoastal Waterway, this area contains sour__ of the best soils in Long Beach. The water table is low and there are only moderate restrictions for septic tanks. However, lots are small, ranging from 6,600 to 8,250 square feet, and offer limited area for infiltration fields. The larger lots are located west of Middleton Avenue. The Mid and West Town section is zoned one of five districts: R-3A, R-3B, R-3C, R-4 and R-4B. All of these districts are intended for development of a "quiet neighborhood consisting of single-family dwellings..." The minimum permitted lot size in these districts is 6,600 square feet. Required minimum living space ranges from 850 to 1,200 square feet. Beach Area Nearly all of the oceanfront lots are developed. The 1993 Land Use Plan indicated a totZ. of 720 oceanfront lots of which 79% were developed. Since the 1993 plan, an addition: 40 oceanfront lots have been improved, making nearly 90% of the lots improved. Due tc erosion, some of the remaining unimproved lots are unusable. In addition, erosion has required demolition or relocation of some houses on oceanfront lots. Approximately 50% of the lots north of the oceanfront to Davis Canal are improved. A significant number of lots, both vacant and improved, are located along Big Davis and it: surrounding wetlands. These lots are located on poor soils and the area experiences septic tank failures. These septic tank conditions are one contributing factor to Davis Canal water quality problems. Commercial Uses The majority of Long Beach's commercial land uses is concentrated along East Oak Island Drive between 641h and 47`h Streets East. The commercial ribbon is generally one lot deep. In two areas, commercial uses extend from the ribbon southward to East Beach Drive. These extensions occur between 591h and 57`h Streets East and between 52nd and 481h Streets East. Nearly all of the lots in the commercial area are improved. The largest concentratjon of vacant lots along Oak Island Drive is located on the north side between 5 1 " and 481h I 1 t 1 H WATER AND LAND USES Streets East. In the commercial area between Oak Island and East Beach Drives, it is estimated that at least 60% of the lots are improved. In both commercial areas, the remaining lots, which were platted before current regulations, are small. To create a building site that meets current commercial development practices, it will be necessary to consolidate a number of lots. 77 The key commercial land use issue identified in previous plans remains. The commercial areas are poorly planned. There are continuous driveway cuts along Oak Island Drive which contributes to pedestrian safety and traffic congestion. Parking is frequently inadequate and it is poorly organized. On -site signs are a problem in terms of number and size. In addition to this commercial concentration, four small commercial areas are located along the Beach Drive corridor. These commercial areas are associated with tourist accommodations, the pier, and a marina. Long Beach has two commercial zoning districts. The CA district is intended to provide ' for basic retail trade and for professional and personal services required for year-round residents. This district allows a broad range of commercial uses. It also permits single- family residences. The CB district is intended to provide retail trade and services to support the town's seasonal population, even though some permitted and special uses could serve both year-round residents and seasonal visitors. The CB district also allows ' single-family residences. The minimum lot size in both districts is 6,000 square feet. This minimum lot size is realistic in terms of the current lot layout but is not large enough to accommodate current commercial uses and required parking. ' Public and Semi -Public Uses The most notable public and semi-public land uses are owned by the Town of Long ' Beach. Major uses owned by the Town are summarized as follows: • The Town Hall and Middleton Park Complex is located in the area generally ' bounded by Oak Island Drive on the north, 48`h Street East and 50`h Street East on WATER AND LAND USES 78 ' the east and west, and East Dolphin Drive on the south. This complex includes the administrative offices of the Town, police and EMS, and Middleton Park. Middleton Park is an active outdoor recreation facility serving the entire community. The facility includes a lighted softball field with bleachers and concession area, children's play equipment, picnic shelter, and restrooms. The Cabana, which is a regional beach access area, is located to the south of the Middleton Complex. This facility includes parking, restrooms, and showers. This facility is located in an area having high risk from beach erosion and store damage. A Scenic Trail is located on 201h Street East at Davis Creek. This trail also provides access for bikers and pedestrians to the beach strand. The Recreation Center Complex, which was recently expanded, is located on East Oak Island Drive at 30`h Street East. The Center includes a multi -purpose recreation building that provides space for a variety of recreation programs, a physical fitness program, and community meetings and activities. The Recreation Center is the official meeting place for the Town Council. The Center also holes the administrative offices for the Parks and Recreation Department and is the center for the Town's environmental access and education program. The Center also includes outdoor facilities. Basketball courts are located adjacent to the building. A new environmental education area is located south of the building at Davis Creek. A canoe dock and shelter area is located at Davis Creek. • The Long Beach Volunteer Fire Department is housed in a new building locates on East Oak Island Drive between 2nd and 1" Street East. This building is strategically located to serve the island and the mainland when the second bridge is completed. • Schuster Park located at the west end of Oak Island Drive provides access to the Intracoastal Waterway and includes picnic facilities and children's play equipment. • Public boat launch ramps are located on the Waterway at 551h Street East, SW 39`h, and West 571h. • A nature trail, environmental education area, and a dune preservation demonstration area are operated by the Town at the Point located at the western end of Beach Drive. F LJ h P 1 I 1 11 1 WATER AND LAND USES In addition to these major facilities, the Town operates numerous beach access and estuarine water access points. In addition, a recent law designated all of the Town's street "stubs" as public parks. Developing Areas In -Town 79 Two residential areas are under development within the current municipal boundaries. One area in eastern Long Beach is generally bounded by Oak Island Drive on the north. 59`h Street East on the west, the Atlantic Ocean on the south, and 74`h Street East on the east. This development includes single-family detached dwellings and community recreation centers. According to the Brunswick County parcel maps, the typical lot is approximately 60' x 120', or 7,200 square feet. This development is located in a fragile area of the beach —very narrow beach, low narrow dune, and low elevation behind the dune. The second developing area is ' located on the extreme western end of the island at The Point. These lots are located south of King's Lynn Drive and extend from King's Lynn to the frontal dune. The lots are larger than most in Long Beach. They are 50 feet wide and range ' between 400 and 600 feet deep —approximately 0.6 acres. ' These lots are located in one of the most fragile areas on the island. Storms in 1954 cut an inlet (since filled) just to the east of this location and the Lockwoods Folly inlet, whit: relatively stable, is subject to migration to the east. ' Extra Territorial Jurisdiction Long Beach's Extra Territorial Jurisdiction (ETJ) is an area approximately 1-mile wide located along the Town's northern limits across the Intracoastal Waterway on the ' mainland. Large areas in the ETJ contain sensitive natural features such as coastal wetlands, freshwater wetlands, and swamp forests. WATER AND LAND USES M With the exception of the extreme eastern area, the ETJ is undeveloped and is currently in use for forestry and outdoor recreation. A portion of St. James Plantation is located in the eastern area. St. James is a rapidly developing resort retirement community with a mixture of residential types (single- family detached and attached), golf courses, and other recreational amenities. It is expected that this residential area will continue to develop to the west in the ETJ. While St. James contains a mixture of housing types, the overall residential density is low. A typical single-family lot may measure approximately 0.33 acre. Attached units are allocated more than 2,500 square feet of land per unit. The overall density of the development is lowered by the open space, golf courses, and other recreational amenities. From wetlands mapping provided by DCM, some residential development in St. James appears to be taking place on former fresh water wetland areas that no longer have wetland characteristics. Map 8A shows the relationship between these wetlands and the general development pattern in St. James. Construction of the Second Oak Island Bridge at Middleton and its new access corridor will heavily affect development trends in the ETJ. Most of the land in the ETJ is relatively inaccessible. Current planned alignments for the new bridge and corridor will open hundreds of acres of sensitive land to development pressure. Without careful planning and development guidance, the area's unique natural features may be damaged significantly and the access corridor may mirror the current development on Long Beach Road. Watershed Land Uses Land uses by watershed are estimated in Table 16. These estimates are based on the generalized land use patterns shown in Map 8 and estimates of the number of improved lots in each general land use category. WATER AND LAND USES The most significant aspect of this analysis is the amount of land that is already subdivided in the island Intracoastal Waterway watershed but which is unimproved. It is expected that central sewer will allow construction on most of the approved lots in this watershed with attendant stormwater runoff impacts. This area drains to estuarine waters that already have water quality problems —the western reach of the Intracoastal Waterway and Davis Creek. TABLE 16 Long Beach Land Use Plan Update Land Uses by Watershed (Estimated Acres) Higher Moderate Streets and Hydrologic Density Density Developing Rights -of - Unit Residential Residential Commercial Residential Way Intracoastal 337 730 20 54 196 Waterway (Island) Cape Fear 184 104 36 145 66 River Intracoastal 0 0 0 307 31 Waterway (Mainland) Source: Bill Farris Associates Land Use and Storm Risk Map 8B illustrates the exposure of various land uses to risk from storm damage and flooding. For catastrophic storms, the entire island and much of the ETJ are subject to flooding and storm damage. However, more normal storm and flood conditions pose a risk for all of the higher density residential development in the beach area, a significant amount of commercial development, and the high density area located in the northeast area of town. Projected Land Needs Long Beach is fully subdivided. According to estimates in the 1993 Land Use Plan, there were 7,385 vacant residential lots remaining in the town. Since 1993, approximately 775 building permits have been issued for new residential units. Therefore, there are approximately 6,600 vacant residential lots remaining. In the Population and Economy Section, the total number of permanent and seasonal houses needed to accommodate the town's projected population growth is estimated to be 3,540. If past trends are followed, o . i iiti�ihT j I, - - - ' - tip I e� of —` — : J i It I -I rfi ri r t ' 0.7 0 0.7 1.4 Miles 1 N ' Developing areas - St. James Possible Wetland Area ' The preparation of tlda map was finmcM In part fto.0 a gad preNtlsd by gw NaM Cw ma Cosad Managamam pmgrem, g000gh funds Streets and Roads provided by the Cosaud Zane Manewnwd Act of ' 197Z as amended, which is admtrwrered by Vw Once of Ocean and Cmt-- Zone Rascwce Mwgemad. National Oceanic and Aorosphak Administration. ' Long Beach Land Use Plan Map 8B. St. James Development ■ t 9 r T I 100 Year Flood ;s 1- ='- - 0.7 0 0.7 1A Miles BM Farris Associates 1998 The preparation of this map was financed In part through a grant provided by lie North Carolina Coastal Management Program, through ftaxis MAW by the Coastal Zone Mawgernent Act of1972, as amended, which Is administered by the oMoe of Ocean and Coastal Zone Resource Managernard, National Oceanic and Atmospheric Long Beach Land Use Plan Update Map 8B. Comparison of Land Use and Flood Hazard Areas — Town Boundary 1% 0 % Extra Territorial Jurisdiction V Flood Hazard Areas Streets and Roads Coastal Wetlands Developing Areas Commercial Uses Public Uses Medium Density Residential Higher Density Residential Watersheds in the Planning Area are shown on Map 7. NT - LI F 1 I WATER AND LAND USES virtually all of these housing units will be single-family detached. This growth will use approximately 54% of the remaining vacant lots. Whether this projection is realized will depend to a large degree on the availability of central sewer service. If sewer is not made available, then there is a potential that soil limitations for septic tanks may prevent this number of lots from being developed. ' The pace of commercial development has been slow. While there are less than 100 vacant commercial lots remaining, these lots should supply the need for the planning period. In addition, there may be some redevelopment of older commercial areas to meet current retail practices. In addition, the Second Bridge Corridor Plan provides for regional- and community -serving commercial uses on the mainland. When the Second Bridge Project is ' built and access is provided, these areas will provide additional commercial space for Long Beach. Anticipated Land Use Changes Land use patterns within the current town boundaries of Long Beach are set. The Town is 1 fully developed with primarily small lots suitable for single-family homes. With most of the lots individually owned, any significant change in residential land use patterns would be difficult. The Town's zoning ordinance and map, which are respected by the Planning Board and the Town Council, reinforce these residential patterns. Commercial uses are clustered in the eastern area of the community along Oak Island Drive and extending south to Beach Drive. This commercial cluster is supported by the zoning ordinance, and no significant changes are anticipated. Construction of the Second Bridge at Middleton will create pressures to convert the ' residentially zoned land along Middleton to more intensive uses, possibly higher density residential. In addition, there will be pressure to convert the land at the Middleton/Oak ' Island Drive intersection to commercial uses. The relatively narrow and shallow lots are poorly suited for either multifamily or commercial uses. Therefore, it is important that the Town anticipate these pressures and take steps to protect the residential character of this corridor. These steps may include buffering, alternate driveway access, and/or purchase of key properties. t I WATER AND LAND USES Summary of Existing Land Use 83 • Most lots in Long Beach are small (55' by 120') and nearly all of the town has been subdivided. With soil limitations and small lots, development without central wastewater treatment has the potential for continuing septic tank failures. • Eastern Long Beach, the area generally east of 65`h Street East, is one of the two most densely developed areas. Land uses include a mixture of mobile homes and single-family Homes. Lots in this area are small-6,600 square feet —and approximately 80% of the 1,100 lots are developed. It is one of the lowest -lying areas in the town and septic tank failures are not uncommon. • Mid- and West Town, which lies west of 65`h Street East on both sides of Oak Island Drive, is an area of small lots that is developed at a moderate level. This area contains lots in the range of 6,000 to 8,250 square feet. The area contains an estimated 11,250 lots and well over %: of these lots are vacant. However, this area contains some of the better soils in the planning area. • Beach Area, including beachfront area and north to Davis Creek, is a second highly developed section. On the oceanfront, there are an estimated 720 lots of which 90% are improved. Due to beach erosion, several beachfront houses have been moved or demolished. North of the oceanfront, approximately 50% of the lots are improved. • Commercial Uses are generally concentrated in the commercial area along Oak Island Drive between 641h Street and 47`h Streets East and an extension south to the beachfront area. These commercial areas are poorly planned with continuous driveway cuts which contribute to pedestrian safety and traffic congestion. Parking is frequently inadequate and it is poorly organized. On -site signs are a problem in terms of number and size. • New Developing Areas are located in -town and in the extra territorial jurisdiction on the mainland. The two in -town areas are at The Point and in the area south of Oak Island Drive between 591h Street and 740h Street East. Development at The Point is on long, narrow lots —approximately 0.6 acres; development in the eastern area has smaller lots of approximately 7,200 square feet. The lots at The Point are in one of the most fragile areas on the island. Storms have cut an inlet just to the east of this location and the Lockwoods Folly Inlet, while relatively stable, is subject to migration to the east. The third developing area is located in the ETJ at St. James Plantation. This is a mixed -use golf resort community. Single-family lots are approximately 0.33 acres. However, with golf courses and other site amenities, the overall density of this development is much lower. St. James is probably the development model for the mainland for the planning period. 1 I I I I I 1 t I COMMUNITY SERVICES AND FACILITIES 84 I M I 11 I I I 1 J The capacity of Long Beach's community services to support its current population and its projected future population is a critical part of planning for the future. Unless community services keep pace with growth, the community can expect costs of delivering services and facilities to rise, a decrease in the quality of life of its residents and in the recreational experience of its visitors, and a gradual decrease in the health of the natural environment. This analysis of service capacity is based on the following population estimates and projections: Permanent population Seasonal population Total population Water Service 1998 2008 5,650 8,500 19,200 28,900 24,850 37,400 System. Long Beach operates its own water distribution system. All areas of town are provided water service. There are no known residences remaining on individual wells for potable water supply. The water system includes three elevated storage tanks, two with a capacity of 300,000 gallons each and one with 500,000 gallons capacity. The Town added the 500,000-gallon tank since the 1993 Land Use Plan. A majority of the distribution lines are 6-inches or larger. The system has a total of 4,989 customers--4,906 residential and 83 commercial. The Town purchases treated water from the Brunswick County system under a long term contract. The Brunswick system purchases raw water from the Lower Cape Fear Water and Sewer Authority (LCFWSA) which pumps from the Cape Fear River. The LCFWSA's system has a capacity of 45 million gallons per day (MGD). For the planning period, this system affords Brunswick County an unlimited supply of raw water. The Brunswick System has a treatment capacity of 24 MGD. At the time that the system's water supply plan was prepared, the system had an average daily use of 6.4 MGD and a maximum daily use of 16.7 MGD. This system has sufficient capacity to meet Long Beach's needs for finished water during the planning period. I COMMUNITY SERVICES AND FACILITIES 85 Consumption. Between 1993 and 1997, water consumption in Long Beach declined from 274 million gallons to 257 million gallons —a decrease of approximately 6 percent. This decline occurred even though the permanent and seasonal population increased. Town staff points to two reasons for the decline: a rate increase that dampened demand and a temporary decline in visitors as a result of hurricanes Bertha and Fran. Over the past five years, the system's highest average peak day occurred in July 1994-1.53 million gallons. Table 14 provides a comparison of monthly and annual water consumption over the past five years. Average and peak consumption. In 1997, the average daily water consumption was 0.7 MGD and the peak consumption of 1.34 MGD occurred in July. Also in 1997, the average usage per person ranged from a low of 74 gallons per day (GPD) to a high of 116 GPD. Recognizing the declining trend in water use, 80 GPD/person is recommended as a planning benchmark for water service. Comparison of Normal and Peak Season Consumption. The peak season for water consumption is May through September, with July being the peak month. This is the period during which the maximum number of seasonal residents and visitors are in Long Beach. Table 15 shows the average daily water use during the peak and normal seasons. While there are significant year-to-year differences, over one-half of the Town's water consumption occurs during the 4-month peak season. A least squares trend line shows that the ratio will decline over the next several years. While a number of factors may effect this trend, the increasing number of percentage of permanent residents can be a major factor. The relationship between off-season and peak season usage is illustrated in Figure 1. TABLE 14 Long Beach land Use Plan Update Water Consumption Gallons Consumed Mon. 1993 1994 1995 1996 1997 Jan 9,047,000 13,486,000 6,927,000 16,109,330 19,663,100 Feb 14,587,000 15,371,000 11,910,900 17,614,800 12,417,700 Mar 34,309,000 16,545,000 16,513,000 15,529,600 12,417,700 Apr 7,819,000 22,340,800 25,007,000 24,253,000 18,307,000 May 23,918,300 24,345,400 29,099,000 32,704,000 24,132,600 Jun 44,178,000 35,881,000 32,047,000 35,952,300 26,523,000 Jul 28,821,000 47,443,4001 34,428,000 41,941,000 41,550,000 Aug 33,155,000 40,236,900 3,325,000 38,470,800 30,522,000 Sep 20,019,000 31,834,900 24,474,000 19,661,100 20,815,000 Oct 20,393,000 .19,671,000 19,625,500 21,015,500 21,065,000 Nov 17,880,000 18,634,000 20,594,000 18,664,700 14,475,000 Dec 20,315,000 22,752,000 20,594,000 19,104,900 15,296,000 I I i I �I I I 1 r U COMMUNITY SERVICES AND FACILITIES 86 Gallons Consumed Mon. 1993 1994 1995 1996 1997 Total 274,443 293 308,543,394 2",546,3951 301,023,0261 257,186,097 Source: Town of Long Beach TABLE 15 Long Beach Land Use Plan Update Comparison of Peak Season and Normal Water Consumption Gallons per Day (gpd) Consumed (000) Year 1993 1994 1995 1996 1997 Average gpd normal usage 17.31 17.91 16.8 18.41 15.8 Average gpd peak season usage 41.7 49.9 P 3 46.9 39.9 Peak season % of total 55A%j 58.2%1 50.4% 56.0%1 55.8% Source: Bill Farris Associates Figure 1. Comparison of Peak and Normal Water Usage 1400.0 $ 1200.0 c 1000.0 o AV 800.0 —o—Offseason to 600.0 -.*-.Peak season A c 400.0 200.0 0.0 1993 1994 1995 1996 1997 Year Future Demand. Water consumption records show that Long Beach has a per capita consumption in the range of 74 to 116 gallons per day. However, the five-year consumption trend shows a decline in water use. To recognize this trend, an average daily consumption for the system of 75 gallons per person per day (gppd) is assumed. At this assumed daily consumption, the Town's peak day demand would be approximately 2.8 million gallons.13 This is well within the current capacity of the Brunswick system which can deliver 30 million gallons per day. 13 During the past five years, the system's highest average daily use occurred in July 1994. This high average use was 1.53 million gallons. I COMMUNITY SERVICES AND FACILITIES 87 1 Wastewater Treatment Properties in the Town of Long Beach rely on septic systems for treatment and disposal of sewage. By and large, these systems appear to be functioning properly. However, each year there are a significant number of malfunctions. Proper repair of the failing septic systems is complicated by small lots and the lack of available repair space. There are approximately 6,600 vacant lots remaining in Long Beach. Almost all of the lots are small--6,600 square feet or less in area. While some soils in Long Beach are better suited for septic tanks than others, all are rated with severe limitations for septic tanks. As noted in the 1993 Land Use Plan, continued development of these lots will "at some point leadto ground saturation." At this point, no more septic systems can be permitted and the Town will be forced to adopt a non -growth policy or to implement a central wastewater collection and treatment system. According to current policy, Long Beach is committed to the central wastewater system. Long Beach is currently working toward provision of wastewater treatment services to the central business area on Oak Island Drive through a connection to the neighboring Yaupon Beach system. This connection, if feasible and approved, may be the first step toward a centralized system. As development proceeds in the Extra Territorial Jurisdiction on the mainland, package treatment plants, initially installed by developers, may be an option for developing a central system. The Town's policy on central sewerage must also address stormwater runoff. Central sewerage will make lots buildable that are currently unbuildable. One result will be additional runoff into the area's surface waters, complicating efforts to improve water quality. Stormwater Management Long Beach has serious drainage problems resulting from its relatively flat topography and a high water table in many areas. According to an analysis in the 1993 Land Use Plan which is still current, the most severe problems are in areas with Bohicket, Corolla, 0-1 COMMUNITY SERVICES AND FACILITIES Duckston, Lafitte, and Leon soils --water tables within 2 feet of the surface. These soils are depicted on Map 5. The following areas have chronic drainage problems: • Area north of Oak Island Drive between 79`h Street East and 65`h Street East. • First three rows of lots along the oceanfront. • Areas with high water table which tend to be concentrated along Davis Creek and the Intracoastal Waterway and in an area bounded by East Holly, 57`h Street East. 461h Street East, and the Waterway. • Street drainage on Beach Drive and on 69`h to 79`h Street. The Town has adopted a stormwater ordinance that addressed runoff from new development. However, the Town does not have a comprehensive drainage plan. In its development, a comprehensive drainage plan must balance the need to eliminate flooding problems with the need to improve and preserve water quality. In addition, the plan must take a practical approach to retrofitting facilities where adequate rights -of -way and easements may not exist. Transportation Long Beach has 14 miles of state maintained right-of-way; 83 miles of paved Town maintained right-of-way; and 7 miles of unpaved Town maintained right-of-way. The problems with the existing street layout are discussed in the Existing Land Use section. There are two basic problems: long residential blocks with no intersecting streets and only one major thoroughfare for east -west access —Oak Island Drive. The Town recently adopted the Oak Island Thoroughfare Plan prepared by the NCDOT. This plan includes four projects that will have a major impact on Long Beach: Construction of the Second Bridge at Middleton and construction of a two-lane access road in a 100-foot right-of-way that will connect to SR 1500 at Midway. Widening of East Oak Island Drive from Middleton east to 291h Street East to three lanes. Driveway access improvements in the Oak Island commercial district. COMMUNITY SERVICES AND FACILITIES 89 • Extension of the bikeway from Middleton west to the Point, connection of the bikeway to Oak Island Drive at 58a' Street East, and extension of the facility east along Oak Island Drive to the end. Key improvements proposed in the Thoroughfare Plan are illustrated on Map 9. Public Safety The Town of Long Beach operates a full-time professional police department and volunteer fire, rescue, and emergency medical services. Figure 2 shows the 1993-97 trend in public safety calls for service compared to population. The trend line shows that police calls are increasing at the same relative rate as permanent population. The number Figure 2. Comparison of Population Growth with Public Safety Calls-1993-97 10000 m 8000 .--Ej—Police Calls (j 6000 -Q- - EMS Calls 4000 —,nr- Fire Calls 2000 tPopulation 0 4 4 Year of fire and EMS calls, on the other hand, remained steady over the five-year period. The trend in fire calls follows a national trend that shows a significant decline in total fires. The capacity of the departments and estimated future demand are outlined below. Police The Town of Long Beach operates a full-time police department with 18 sworn personnel. This is an increase from 12 sworn personnel in 1993. The department's total personnel includes the following: i i� 2 0 2 4 The preparation of this map was financed In part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972. as amended, which is administered by the Office of Ocean and Coastal Zone Resource Management, National Oceanic and Atmosphedc Administration. Bill Farris Associates, 1998 J Alternative routes are being 11 I considered by the NCDOT. ft 4 fi5 Long Beach Land Use Plan Update Map 9. Proposed Transportation Improvements 0 Oak Island Municipalities Proposed Improvements A/ New Roads Upgraded Roads Bike Facilities Existing Streets and Roads Source: NC Department of Transportation COMMUNITY SERVICES AND FACILITIES 90 • Chief of Police • Assistant Chief • 16 Police officers • 4 Full-time dispatchers • 2 Part-time dispatchers • 4 Reserve officers The number of sworn officers per 1000 permanent population increased from 3.4 in 1993 to 3.5 in 1998. This increase demonstrates an increasing level of police service and compares favorably with applicable standards. The police department's current staffing is adequate to serve the town's needs. In order to maintain the department's current ratio of 3.5 sworn officers per 1000 population, it will be necessary to add 10 officers over the 10-year planning period. In addition to personal equipment, the Town will need an additional six to eight vehicles for the added personnel. Additional building space may also be required. 16 Fire The Long Beach Volunteer Fire Department has 30 members and serves the town from the station on East Oak Island Drive at 2nd Street NE. The department has the following equipment: • 1 Pumper, 1,250 gallons per minute (gpm) with 50-foot aerial • 1 Pumper, 1,000 gpm • 1 Pumper/Tanker, 1,000 gpm , • 1 Equipment truck The department plans to replace one of the 1,000 gpm pumpers with a 1,500 gpm pumper within a year. The Fire Department has a #5 Insurance Safety Organization rating and has held this rating since 1982. The department has mutual aid agreements with Brunswick County and Sunny Point. It has an automatic aid agreement with Yaupon Beach for structural fires. 1 I COMMUNITY SERVICES AND FACILITIES 91 According to available records, fire calls have remained relatively constant at approximately 60 calls per year over the past five years. This trend is consistent with ' national statistics that actually show a decline in the number of fires over the past few for fire is years. While population is a factor, demand services primarily related to building density, coverage area, type and quality of construction, and the presence of fire safety equipment such as sprinklers and warning devices. The Volunteer Fire Department, with a #5 ISO rating, appears to be well -positioned to meet the Town's ' needs over the planning period. Attention must be given to keeping the department's equipment up-to-date and to maintaining trained personnel. If the Town considers annexation on the mainland during the planning period, it appears that the existing station ' location near Middleton will be adequate to serve the new areas. However, a mainland location may be more secure during storms and other emergencies. EMS IThe "mixed" Long Beach Volunteer Rescue Squad is a department with 24 active volunteers and 4 paid personnel. The four paid personnel work 12-hour day shifts. Volunteers still respond during the day. The department's goal is to attain Paramedic status for all personnel. The department's equipment includes the following: • 3 Ambulances, 2 of which are Advanced Life Support equipped • 1 FWD Suburban for beach rescue Over the 10-year planning period, it will be necessary to replace all of the vehicles. In ' addition, the department expects to have paid personnel working 24 hours per day. ' The five-year call trend shown in Figure 2 shows that the total number of annual calls is steady at approximately 600. However, this trend is surprising given the town's growth trends, and it is expected that the number of calls per year will increase. According to planning information provided by the Division of Coastal Management,14 the Town can expect its number of rescue calls to nearly double over the next 10 years. To meet this demand, the department will have to maintain a replacement schedule for its vehicles and conduct on -going training and certification for volunteer and paid staff. Trends show that it will be increasingly difficult to provide emergency medical services with volunteer rpersonnel. Additional paid staff will be required to service the additional calls. 14 36.5 call per 1000 population. 1 COMMUNITY SERVICES AND FACILITIES 92 Parks and Recreation The Parks and Recreation Department provides a full range of urban -type recreation and leisure services and environmental education programs for the residents, property owners, and visitors. The department's programs are an important component of the town's efforts to support the community's quality of life. , The department has a total of 11 year-round employees and hires seasonal workers during the summer season. These employees are organized in three divisions: programming, recreation center operations, and buildings and grounds. The department is responsible for programming and maintaining six "flagship" facilities: ' Recreation Center Middleton Park Shuster Park Register Park Heron Park "The Point" The department manages three boat ramps: NE 551h Street, W 391h Place, and W 57`h , Place. Recently, using newly approved local legislation, the Town Council designated all of the Town's street ends, except north Middleton Avenue, as parks. This designation will create the potential for hundreds of recreation opportunities. Administration 1 The Town's administrative organization includes a total of 70 employees under the policy r direction of the Town Council and administration of the Town Manager. As shown in the following organization chart, the administration is organized into eight departments. The ' Town is very well staffed and organized to address the issues of growth and development during the planning period. From the standpoint of implementation of the land use plan, there are three key departments —planning, building inspection, and public works. The planning department is responsible for the Town's comprehensive planning program and the administration of the zoning ordinance and subdivision regulations. Under the I COMMUNITY SERVICES AND FACILITIES 93 proposed contract services for local CAMA permits, the department will be responsible for supervising the contractor and the permitting process. The department also provides support services to the Planning Board. tBuilding inspection is responsible for enforcement of the NC State Building Code, Fire Code, and the Town's Flood Damage Prevention Ordinance. ' Public Works includes four divisions: Water, Solid Waste, Streets, and Erosion Control. The Erosion Control Division is responsible for maintenance of the beach, and generally, all of the Town facilities south of Beach Drive to mean high water. Should dune maintenance/stabilization or beach bulldozing be required, this division is responsible. tThe Erosion Control Division also works with the Council -appointed Erosion Control Committee to help plan and implement its programs each year. The Administrative Organization Chart also shows the key entities in Long Beach that are involved in formulating and implementing the Town's Land Use and Coastal Management Policies. I I I it ooll m m m M W M M M a �.► �w M M M COMMUNITY SERVICES AND FACILITIES 94 Town of Long Beach Administrative Organization Chart Town Council Trust Town Manager Asst. Town Manager �-H Town Clerk Finance Police Fire Errs Public Works Paris and Rec Buildingbspection Planning T---------------I I 1 Solid Waste Water Erosion Control Streets i� I CAMAPeraitContractor � i� I I Erosion Control Board of Planning LandlkePlan Commttee Adjustmeri Board SteeringConm e ' CURRENT PLANS AND POLICIES 95 Locally adopted codes, policies, and plans are key tools for implementing the policies contained in this plan. Relevant policies and plans adopted by the Town of Long Beach ' are described below. Zoning Ordinance and Map. The Zoning Ordinance and Zoning Map divide the Long Beach Planning Jurisdiction into twelve zoning districts and within each of these districts the ordinance sets regulations regarding lot sizes and dimensions, building heights, construction, and use of buildings and land. The zoning districts and their purposes are as follows: R-1— One- and two-family dwelling district located in the beach area. Minimum lot area for 1-family dwelling 7,500 square feet and for 2-famil}' ' dwelling 10,000 square feet. R-2— Single-family dwellings and mobile homes located in eastern area. Minimum lot area 6,600 square feet. R-3A— Single-family dwelling district located north of Oak Island Drive and east Of Middleton Avenue. Minimum lot area 6,600 square feet and minimum living area of 850 square feet. R-3B— Single-family dwelling district located in small area south of Oak Island Drive and east of Middleton. Minimum lot area of 6,600 square feet and minimum living area of 1,000 square feet. R-3C— Single-family dwelling district located south of Oak Island Drive between 12`h Street East and 33rd Street East. Minimum lot area of 6,600 square feet and minimum living space of 1,200 square feet. R-4A— Single-family dwelling district located primarily north of Oak Island Drive and west of Middleton. Minimum lot area of 6,600 square feet and minimum living area of 850 square feet. R-413— Single-family dwelling district located primarily south of Oak Island Drive. Minimum lot area of 6,600 square feet and minimum living space of 1,000 square feet. R-5— Single-family and multifamily district located from 61" Street East to 79`�* Street East. Minimum lot area 6,600 square feet and minimum living area 850 square feet. Multifamily uses allowed by conditional use permit. R-6— Single-family and multifamily district. Minimum lot area of 10,000 square feet and minimum living space of 850 square feet. CA— Commercial area for retail trade and services located in strip along East Oak Island Drive. Minimum lot area of 6,600 square feet. CB— Commercial area for retail and services that cater to tourists and visitors concentrated in the beach area along Beach Drive. ;Minimum lot area of 6,600 square feet. OS— Open space district that includes primarily wetlands and adjacent flood plains. Permitted uses are water access and open space. AR— Airport district to ensure compatibility between the airport and surrounding land uses. I CURRENT PLANS AND POLICIES 96 ' installation of improvements that meet the Town's standards —streets, drainage, water, sewer, and so on. Subdivision regulations are a key tool for protecting public health and safety and the environment. Flood Damage Prevention Ordinance. This ordinance is intended to minimize public and private losses due to flood conditions in designated areas in Long Beach. These areas are specified in the Town's flood plain maps. The ordinance includes the following general conditions: (1) Restricts or prohibits uses that may increase erosion or flood heights or velocities. (2) Requires uses vulnerable to floods to be protected at the time of construction. (3) Controls alteration of natural floodplains, stream channels, and natural protective ' barriers. (4) Controls filling, grading, dredging and other development that may increase flood damage or erosion. (5) Prevents or regulates construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. , Sand Dune Protection Ordinance. This ordinance prohibits alteration or material weakening of frontal or primary dunes. Restrictions include the destruction or removal of trees, shrubbery, or other vegetation. The ordinance also prohibits structures on the dunes, except cross -over walkways, and requires beachfront homes to include a walkway over the dune. Permits are used to enforce the ordinance. Stormwater Ordinance. The Town's stormwater ordinance requires new development to implement stormwater runoff management practices to accomplish two basic objectives: (1) Protect the absorptive, purifying, and retentive functions of natural systems, including wetlands, the Waterway, and Davis Creek; and (2) Provide for post -development runoff characteristics that resemble conditions that existed before the site's development. 1993 CAMA Land Use Plan. The 1993 CAMA Land Use Plan contains the same basic elements as this plan: • Description of the population and economy and projections • Land and water uses • Land suitability ' • General development policies Ocean and Estuarine Access Plan. This ten-year plan, prepared in 1991, contains the , Town's priorities and policies for acquiring, developing, and improving access sites. The plan contains two major priorities. First, it plans for securing an access site to the Waterway in the area of 17`h and 18`s Streets at Yacht Drive. This access site would _ I ' CURRENT PLANS AND POLICIES 97 include a boat ramp and parking. The second major priority is to acquire approximately 400 additional parking spaces to serve existing access sites. Second Bridge Corridor Plan. The Second Bridge at Middleton and its access corridor will provide a new "front door" to Long Beach. The access corridor traverses large areas of undeveloped, environmentally sensitive land. The corridor plan includes the following elements: t. Development of a transportation network around the access corridor that protects the corridor's traffic capacity and provides adequate east -west access. Bicycle and pedestrian facilities that allow an alternative to the automobile. Village clusters for mixed residential, business, and office uses at major intersections on the access road. ' • Compact residential development with preserved open space. Management Plan for "The Point." This plan, adopted in 1998, contains a management strategy for The Point which is an environmentally sensitive area located on the west end of Oak Island. The area's natural systems could be easily destroyed or damaged by inappropriate or poorly planned development. The management plan includes acquisition of unsubdivided property, development for public access and environmental education, and on -going maintenance. J `j J I I H I r EXHIBIT 1 TOWN OF LONG BEACH 1998 CAMA LAND USE PLAN UPDATE CITIZEN PARTICIPATION PLAN Background. The Town of Long Beach is kicking off its update of the 1993 CAMA Land Use Plan as required by the coastal management program. The CAMA planning program emphasizes participation of the public in the planning process. Section 07B.0215(a) of the planning guidelines states that "local governments shall employ a variety of educational efforts and participation techniques to assure that all segments of the community have a full and adequate opportunity to participate in all stages of plan ' development." The intent of this requirement is to ensure that the Land Use Plan and the policies contained in it reflect the goals and aspirations of the community. In addition to the overall participation requirement, the CAMA guidelines require the Town to adopt a Citizen Participation Plan at the beginning of the Land Use Plan Update ' Process. This Plan has three required elements: 1) designates an entity that is responsible for the update; 2) explains the various methods used to solicit public participation; and I 3) schedule of opportunities for participation and explanation of methods used to notify the public 1 The plan recommended to meet these requirements and to ensure meaningful public participation is outlined below. Responsible planning entity. A Steering Committee appointed by the Town Council is the responsible entity to provide overall leadership and direction for the Land Use Plan Update. The purpose of the Steering Committee is to offer a Long Beach perspective on the planning base data that is developed for the plan and to ensure that the recommended policies fit the community. The Steering Committee will also play an active role in the public participation process. Membership on the Committee should be limited to no more than nine individuals. Recognizing that there is a diversity of views on growth and development of the ' community, membership will represent a broad cross-section of the community. Members will be selected from the following categories: • Planning Board ( 4 members have expressed interest in Steering Committee membership: Willie Williams Clyde Benner ' Gary Mendon R. Whitney Boyd • Recreation Advisory Board I Other relevant Town Boards such as Beach Preservation or Beach Erosion, Capital Improvements, and Parks and Recreation Interested citizens Public participation process. The Public Participation Process is outlined below. It incorporates three participation methods: Community meetings, community workshops, and formal public hearings. In addition to these specific opportunities for public participation, all of the Steering Committee meetings will be open to the public. The Town's overall purpose in this process is to go above and beyond the CAMA citizen participation requirements to be a model for involving the public participation in the Land Use Plan Update. Step One —Steering Committee. A preliminary meeting will be held with the Steering Committee to review the LUP update process and the Citizen Participation Plan and to identify key issues to be addressed in the planning process. Step Two —Community meeting. A community meeting will be held to provide the public with an opportunity to express their concerns about growth and development issues in the community and to rank these concerns in terms of overall community priority. Participants at this meeting will also have an opportunity to review key policies in the existing Land Use Plan and to express their views on the effectiveness of the policies. The meeting will be held as early as possible in the planning process to allow use of the information gathered at the meeting to guide preparation of the plan. A structured brainstorming process will be used in the community meeting to ensure that each person attending the meeting has a full opportunity to participate in both the identification of issues and the ranking of the importance of the issues. The group process will minimize conflicts among persons attending the meeting and increase the group's commitment to the outcomes. The Steering Committee members will be closely involved in the leadership of the community meeting. • Step Three —Steering committee workshops. Following the Community Meeting, a series of workshops will be held with the Steering Committee. These workshops will cover the following topics: ... Review of the growth issues and priorities identified at the Community Meeting ... Review of the Information Base developed for the update process— review will focus on the CAMA land use planning requirements ... Development of draft land use policies Step Four —Community workshops. A series of informal community huddles, or workshops, will be held to allow review of the Planning Information Base and I ' to review and gain input on preliminary drafts of the land use and development policies. The workshops will be designed to permit small group and individual discussions of the draft policies. Comments received at these workshops will be used by the Steering Committee to refine initial draft of the land use policies prior to presentation to the Town Council. • Step Five-4nformal review by Planning Board and Town Council. The Steering Committee will present the public comments and the revised policies to the Planning Board and Town Council for their review. This review meeting is intended to allow these boards to reach overall consensus on the content and direction of the plan prior to receiving formal public comments. As required, adjustments will be made to the plan following this meeting. • Step Six —Formal Public Review and Comment. A public meeting in a "public hearing" setting will be held to allow for formal comment on the plan. This public meeting is not intended to substitute for the required public hearing. After this public meeting, any needed additional adjustments will be made to the plan and it will be submitted to the DCM staff for review. • Step Seven —Public hearing and adoption. The Town Council will hold a formal public hearing on the final version of the plan. Depending on the nature of the comments received from the public, the Town Council may adopt the plan at this meeting, or it may direct changes and schedule it for adoption at a later meeting. After adoption, the plan will be submitted to the CRC for certification. Methods of notification. A member of the Steering Committee, working with the project planner and the Town staff, will direct the notification and public information process. A variety of steps will be taken to notify the public of opportunities to participate in the LUP update process. These will include but not be limited to the following: • Regular announcements on the Town's radio station —AM 1350 • Articles in the Town's newsletter • Public service announcements on radio and television • News releases for newspapers and television • Announcements at civic clubs and church meetings • Notices in public places • Messages on the marquee at the Recreation Center In addition to these notification steps, the Steering Committee will seek opportunities for a member to speak at all of the Town's civic organizations. 100 Tentative public participation schedule. The schedule for public participation shown below is tentative. It may be necessary to changes these dates as the planning process develops. Public Participation Opportunity Target Date* Review planning process and Citizen Participation Plan January 7, 1998 with Planning Board Adoption of Citizen Participation Plan by Town Council January 20, 1998 Steering Committee Workshop —Issue Identification and March 12, 1998 Preparation for Community meeting First Community Meeting —Growth and Development March 26, 1998 Concerns and Priority Issues Steering Committee Workshop —Results of Community April 9, 1998 Meeting and Review of Planning Information Base Steering Committee Workshop —Develop draft land use May 7, 1998 policies Community -wide Workshops to gain input on draft land June 11, 1998 use policies June 13, 1998 Joint meeting with Town Council, Planning Board and July 2, 1998 Steering Committee to review public comments and draft land use policies Public meeting to receive comments on draft policies July 23, 1998 Submit draft plan to DCM staff for review About August 6, 1998 Steering Committee Workshop—DCM Comments October 8, 1998 Joint meeting with Town Council, Planning Board and October 29, 1998 Steering Committee to review DCM comments and plan adjustments Formal Public Hearing and Plan Adoption November 17, 1998 Submit Plan to CRC for Certification These events, event contents, and dates are tentative. Changes in Public Participation Events, including dates, may authorized by the Steering Committee. Any changes will be posted as a Public Notice on the bulletin board in the lobby of Town Hall and announced in Public Information Announcements on the Town's radio station, AM 1350. Meeting location. Unless announced otherwise, the public participation meetings will be held in the Long Beach Recreation Center. The Center has ample space for community meetings, it is centrally located, and it is well used and familiar to Long Beach residents. 101 ' Results of Community Meetings What I Love About Long Beach Top 27 'Score Characteristics of the Community 20 public accesses to beach and surrounding waters ' 17 16 beach preservation and maintenance ability to walk and bike safely to the beach and other points 15 friendly, family -oriented, safe community with quite, small town atmosphere 15 no high-rise, large commercial areas; small, confined business area with businesses locally ' owned 13 undisturbed nature of The Point, ability to walk, fish, and enjoy 12 community and neighborhood parks 12 commitment to public safety —wonderful fire rescue, fire, police I I natural beauty of community, trees and wooded areas 10 no adult entertainment establishments or loud entertainment 9 wonderful sidewalks ' 8 turtle program, birds, and wildlife preservation 7 non-commercial ocean front 7 7 height restrictions; no high rise buildings boating and fishing 6 Davis Canal wildlife 6 lands classed as conservation to stay in natural state ' 6 undeveloped marshes 6 excellent heads of government —open and responsive 6 availability of range of affordable housing types 5 two times per week sanitation service and yard debris pickup 5 access to Brunswick airport 4 tourism is family oriented, environmentally based 4 proactive, progressive community which protects its natural resources 1 4 no industry 4 no large signs and billboards 4 3-lane streets for traffic What I Would Like to Change ' Top 28 Store Community Characteristic 24 need new post office ' 24 need second bridge 24 remove burning ban 14 dogs on the beach 14 restroorns and parking at beach access points and at The Point and parks 11 better access to The Point —sidewalks, bike paths, and parking ' 10 10 lots being denuded clean up litter 10 beach erosion —sand replenishment, public education, and governmental cooperation 9 underground utilities 8 better quality control elect., phone, cable services 102 I 8 8 8 7 6 6 6 5 4 4 4 4 4 4 4 4 light pollution beach bull -dozing too often creates erosion add sewers add recycling ' lack of designated areas for teens lack of recycling facility change /improve building inspector office —limit excessive survey —more owner friendly stormwater problems ordinance to require yard maintenance ACOE activities too many permits required ' wake restrictions in Davis Canal absence of sidewalks and bike paths down major roads need pedestrian walkway on all streets more public boat ramps and parking Mane Oak Is. Drive r I I I i I I I r 103 ' 11 EXHIBIT 2 ' EVALUATION OF EXISTING POLICIES ' Evaluation of the Town's existing land use policies was undertaken early in the plan update process and provided the base for the Steering Committee's draft policies. The policies were evaluated at two levels: 1) the Town's progress on implementing the specific measures and tasks outlined in the policies; and 2) the citizens' perceptions of the effectiveness of the policies. The details of the evaluation are described below. Progress on Tasks The following specific tasks were included in the 1993 policies: • Revise Subdivision Regulations to require submittal of drainage plans. Specific revisions to the regulations have not been accomplished. However, the regulations ' require drainage plans which is interpreted to mean plans consistent with the Town's Stormwater Ordinance. • Designate beach as a sea turtle sanctuary. Done. • Consider amendments to codes and ordinances to preserve maritime forest. Process of preparing amendments has been initiated. • Seek funding for comprehensive stormwater management man. Plan has not been ' prepared. • Adopt Stormwater Ordinance. Ordinance was adopted in 1995. ' • Developing a Thoroughfare Plan for Oak Island. Done. • Implement ocean and shoreline access plan recommendations. Town has been aggressive and successful in obtaining funding for access. Expects these efforts to continue. Additional boat ramp has not been realized; however, efforts continue to implement this project. • Construction of additional water tank. Done. Public Evaluation Citizens attending the first series of community meetings were requested to evaluate the effectiveness of the Town's existing land use policies. Existing policies were summarized on poster -sized sheets and citizens attending the meetings were requested to ' evaluate each of the policies. This evaluation indicated that citizens are not familiar with existing policies. However, the exercise confirmed citizen support for four major policy directions: • The opinions of those attending the meetings support continued planning for a ' central sewage system for the island and, in the interim, to prohibit development where septic tanks will not function. • The community wants to maintain Long Beach as a family oriented town with mostly single-family dwellings and no high rises. 104 • There is strong support for the second bridge to be located at Middleton. • A bikeway system that connects the entire island is supported. The details of the citizen evaluation are attached. Changes Three major changes are proposed to improve the effectiveness of the land use policies: • First, the policies are simplified by providing more focus on the Town's land use objectives and by removing redundancies to the extent possible. • Second, a separate implementation plan will be included in the Land Use Plan. This separate plan will make it easier for the Town's staff, Planning Board, and Town Council to focus on implementation and to make annual progress reports. • Third, a separate summary of the policies and implementation plan will be prepared and distributed to improve public information. 105 M M M= M= W M M W i M M r M =111111110 POLICIES ON THE ENVIRONMENT Prohibit gill nets within 300 yards of beach between 79th St. East and Lockwood's Folly Inlet between May 15 and September 15th. Continue beach nourishment to aid in protection of oceanfront residential properties. Consider amendments to local regulations to protect any remaining maritime forest areas. Support construction of water - dependent structures within coastal wetlands that meet CAMA regulations. Review zoning ordinance to ensure minimum risk to ground water from underground chemical and gasoline storage. Restrict floating structures in all public trust areas and estuarine waters. Restrict, with all available legal means, uses in the estuarine shoreline areas where there is a substantial risk of pollution. POLICY OK AS IT IS 11 2 5 4 POLICY NEEDS TO BE CHANGED 2 3 0 E POLICY SHOULD BE DROPPED FROM PLAN 0 3 I Ic COMMENTS Comments favor no nets, but if there are nets, they should be watched constantly. Also, a comment to move shrimp trawling further off -shore. Comments indicate priority on protection of residential property, public facilities, and turtle habitat. Favors year-round "scraping" as a solution. Maritime forests and thickets need more protection. 0 Do not make it impossible for gas stations to survive. L It. 106 Prohibit development in areas not suited for septic tanks where central sewer is not available. Oppose septic tank or package plant discharges into 404 or coastal wetlands. Support construction of a sewage collection and treatment system —by Town of Long Beach or cooperatively with others. Seek funding for a comprehensive town -wide drainage study. Adopt a stormwater control ordinance within five years. POLICIES ON LAND USE AND DEVELOPMENT Allow construction of dry stack boat storage with or independent of marinas Support beach nourishment and relocation as preferred erosion measures for ocean hazard areas and object to construction of shoreline stabilization structures. 14 0 0 9 1 1 13 1 4 Sewage system needed in business district; first priority to grow, to protect, and to restore some damage of past systems. Should be done in cooperation with others. 2 0 0 7 1 0 This has been completed. POLICY OK POLICY POLICY COMMENTS AS IT IS NEEDS TO SHOULD BE BE DROPPED CHANGED FROM PLAN 1 1 0 7 3 1 Consider shoreline stabilization structures as part of comprehensive sand management approach. 107 M M i i i i i i = i Consider all lands classified as conservation areas to be valuable recreation areas and protect them in their natural state. Support development of off-street parking to serve shoreline access facilities. Oppose any offshore drilling for either exploration or production of gas or petroleum. Allow reconstruction of any structures demolished by natural disaster which will comply with local and state regulations. Consider expenditure of local funds to acquire unbuildable lots and accept donations of such lots. Oppose industrial development of any type within the town. Maintain areas exclusively for single- family dwellings. Retain the 41-foot building height limit for structures in the velocity zone and the 35-foot limit in all other areas. Investigate alternatives available to require larger lots for new single- family residences. �k 10 20 1 10 19 22 22 10 1 1 6 0 0 0 0 El 0 5] ro7 0 Purchase beach lots as a matter of policy. 0 No matter what the need, electric substations should not be allowed in commercial areas. 0 0 0 0 Requirement for larger lots may restrict modest income groups from building homes. 108 Encourage community oriented business to cluster in existing Oak Is. Dr. district and use office and institutional uses to limit strip development on each end. 13 0 0 Allow limited business to develop in areas such as boat ramps. POLICIES ON TRANSPORTATION POLICY OK POLICY POLICY COMMENTS AND TRAFFIC AS IT IS NEEDS TO SHOULD BE BE DROPPED CHANGED FROM PLAN Support construction of a second Oak 29 0 0 Will help with many of our current traffic Island Bridge at Middleton. problems. Need to be planning for traffic problems in the future. Plan to install curb and gutter along 9 0 1 Oak Island Drive and Beach Dr. Pave residential streets in accordance 4 0 0 Hooded street lighting in residential areas. with annual planning and programming. Develop a plan for bikeways/sideways 15 0 0 Develop a bike path system plan. Along in strategic locations. Yacht Dr. and to the Point! Provide a safe place for young and old to ride to enjoy the island end -to -end. Improve Town's ability to maintain 7 0 0 streets in good condition. Support provision of off-street parking 2 0 0 for day visitors and residents in both commercial and residential areas. Support widening of Oak Island Drive westward to Middleton. POLICIES ON GROWTH MANAGEMENT Prepare for a population growth that will at about the current rate with a permanent residency of 5,419 and peak summer weekday population of 44,259 by the year 2003. Approve development only when and where adequate facilities and services are available to support it. Promote and preserve the town's "family" oriented, retirement atmosphere. POLICIES ON COMMUNITY SERVICES AND FACILITIES Implement shoreline access site 0 0 1 improvements as recommended in the Ocean and Estuarine Access Plan. Seek funding for the development of shoreline access sites. Use local tax funding for improving shoreline access, jogging and walking paths, bikeways, public boat access, . and picnic facilities. 13 0 0 At least a turning lane the full length of Oak Island. 3 2 1 8 1 0 Not sure that this is being done. 18 1 0 Yes, particularly with our government. POLICY OK POLICY POLICY AS IT IS NEEDS TO SHOULD BE BE DROPPED CHANGED FROM PLAN 0 1 0 10 1 0 COMMENTS 110 Maintain an environment where cultural and recreational activities for the benefit of permanent residents, the seasonal population, and visitors by continuing operation of the Recreation Center with added emphasis on youth activities and encouraging the establishment of a senior center. Plan for adequate long range water supply. Provide the highest level of safety possible in response to growth and development and within financial constraints for humans and property by expanding the police department with emphasis on beach patrols; supporting the Long Beach Rescue Squad; and supporting the Volunteer Fire Department. Support efforts of the Oak Island Chamber of Commerce to publicize recreational and tourist -related assets and activities which exist in Long Beach. Coordinate its planning and decision making process with Yaupon and Caswell Beaches on all issues which affect all three municipalities. 2 r� 2 INA 7 2 0 0 0 0 0 0 0 0 0 ttt EXHIBIT 3 CAMA GENERAL USE STANDARDS FOR ESTUARINE SYSTEM AREAS OF ENVIRONMENTAL CONCERN ' EHNR - COASTAL MANAGEMENT TI SA: 07H .0200 SECTION .0200 - THE ESTUARINE SYSTEM .0201 ESTUARINE SYSTEM CATEGORIES ' The first AECs discussed collectively are those water and land areas of the coast that contribute enormous economic, social, and biological values to North Carolina as components of the estuarine system. Included within the estuarine system are the following AEC categories: estuarine waters, coastal wetlands, public tout areas, and estuarine shorelines. Each of the AECs is either geographically within the estuary or, because of its location and nature, may significantly affect the estuary. HistoryNote: Authority G.S. 113A-113(bXl); 113A-113(b)(2); 113A-113(b)(5); 113A-113(bX6)b; 113A-124; E . September 9, 1977. .0202 SIGNIFICANCE OF THE SYSTEMS APPROACH IN ESTUARIES The management program must embrace all characteristics, protases, and features of the whole system and not characterize individually any one component of an estuary. The AECs are interdependent and ultimately require management as a unit. Any alteration, however slight, in a given component of the estuarine system may result in unforeseen consequences in what may appear as totally unrelated areas of the estuary. For example, destruction of ' wetlands may have harmful effects on estuarine waters which are also areas within the public trust. As a unified system, changes in one AEC category may affect the function and use within another category. ' HistoryNote: Authority G.S. 113A-107(a); 113A-107(b); 113A-124; Ef. .. September 9, 1977. .0203 MANAGEMENT OBJECTIVE OF THE ESTUARINE SYSTEM It is the objective of the Coastal Resources Commission to conserve and manage estuarine waters, coastal wetlands, public trust areas, and estuarine shorelines, as an interrelated group of AECs, so as to safeguard and perpetuate their biological, social, economic, and aesthetic values and to ensure that development occurring within these AECs is ' compatible with natural characteristics so as to minimize the likelihood of significant loss of private property and public resources. Furthermore, it is the objective of the Coastal Resources Commission to protect present common-law and statutory public rights of access to the lands and waters of the coastal area HistoryNote: Authority G.S. 113A-102(b)(1); 113A-102(bX4); 113A-107(a); 113A-107(b); 113A-124; EA: September 9, 1977, Amended Ef. .. October 1, 1993; September 1. 1985. .0204 AECs WITHIN THE ESTUARINE SYSTEM The following regulations in this Section define each AEC within the estuarine system, describe its significance. ' articulate the policies regarding development, and state the standards for development within each AEC. HistoryNote: Authority G.S. 113A-107(a); 113A-107(b); 113A-124; E$ September 9, 1977. ' .0205 COASTAL WETLANDS (a) Description. Coastal wetlands are defined as any salt marsh or other marsh subject to regular or occasional ' flooding by tides, including wind tides (whether or not the tide waters reach the marshland areas through natural or artificial watercourses), provided this shall not include hurricane or tropical storm tides. Coastal wetlands contain some, but not necessarily all, of the following marsh plant species: (1) Cord Grass (Spartina altemiflora), (2) Black Needlenuh (Juncos roemerianus), (3) Glasswort (Salicornia spp.), (4) Salt Grass (Distichlis spicata), ' (5) Sea Lavender (Limonium spp.), (6) Bulrush (Scirpus spp.), (7) Saw Grass (Cladium jamaicense), (8) Cat -tail (Typha spp.). ' (9) Salt Meadow Grass (Spartina patens), ' NORTH CAROLINA ADMINISTRATIVE CODE 04130196 Page I EHNR - COASTAL MANAGEMENT TISA: 07H.0200 (10) Salt Reed Grass (Spartina cynosuroides). Included in this definition of coastal wetlands is "such contiguous land as the Secretary of EHNR reasonably deems necessary to affect by any such order in carrying out the purposes of this Section." [G.S. 113-230(a)]. (b) Significance. The unique productivity of the estuarine system is supported by detritus (decayed plant material) and nutrients that are exported from the coastal marshlands. The amount of exportation and degree of importance appears to be variable from marsh to marsh, depending primarily upon its frequency of inundation and inherent characteristics of the various plant species. Without the marsh, the high productivity levels and complex food chains typically found in the estuaries could not be maintained. Man harvests various aspects of this productivity when he fishes, hunts, and gathers shellfish from the estuary. Estuarine dependent species of fish and shellfish such as menhaden, shrimp, flounder, oysters, and crabs currently make up over 90 percent of the total value of North Carolina's commercial catch. The marshlands, therefore, support an enormous amount of commercial and recreational businesses along the seacoast. The roots, rhizomes, sterns, and seeds of coastal wetlands act as good quality waterfowl and wildlife feeding and nesting materials. In addition, coastal wetlands serve as the fast line of defense in retarding estuarine shoreline erosion. The plant stems and leaves tend to dissipate wave action, while the vast network of roots and rhizomes resists soil erosion. In this way, the coastal wetlands serve as barriers against flood damage and control erosion between the estuary and the uplands. Marshlands also act as nutrient and sediment traps by slowing the water which flows over them and causing suspended organic and inorganic particles to settle out. In this manner, the nutrient statehouse is maintained, and sediment harmful to marine organisms is removed. Also, pollutants and excessive nutrients are absorbed by the marsh plants, thus providing an inexpensive water treatment service. (c) Management Objective. To conserve and manage coastal wetlands so as to safeguard and perpetuate their biological, social, economic and aesthetic values; to coordinate and establish a management system capable of conserving and utilizing coastal wetlands as a natural resource essential to the functioning of the entire estuarine system. (d) Use Standards. Suitable land uses shall be those consistent with the management objective in this Rule. Highest priority of use shall be allocated to the conservation of existing coastal wetlands. Second priority of coastal wetland use shall be given to those types of development activities that require water access and cannot function elsewhere. Unacceptable land uses may include, but would not be limited to the following examples: restaurants and businesses; residences, apartments, motels, hotels, and trailer parks; parking lots and private roads and highways; and factories. Examples of acceptable land uses may include utility easements, fishing piers, docks, and agricultural uses, such as farming and forestry drainage, as permitted under North Carolina's Dredge and Fill Act or other applicable laws. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(bX]); 113A.124; Ef. .. September 9, 1977, Amended Eff. October 1, 1993; May 1, 1990; January 24, 1978. 0206 ESTUARINE WATERS (a) Description. Estuarine waters are defined in G.S. 113A-113(b)(2). The boundaries between inland and coastal fishing waters are set forth in an agreement adopted by the Wildlife Resources Commission and the Department of Environment, Health, and Natural Resources and in the most current revision of the North Carolina Marine Fisheries Regulations for Coastal Waters, codified at 15A NCAC 3Q .0200. (b) Significance. Estuarine waters are the dominant component and bonding element of the entire estuarine system, integrating aquatic influences from both the land and the sea Estuaries are among the most productive natural environments of North Carolina. They support the valuable commercial and sports fisheries of the coastal area which are comprised of estuarine dependent species such as menhaden, flounder, shrimp, crabs, and oysters. These species trust spend all or some part of their life cycle within the estuarine waters to mature and reproduce. Of the ten leading species in the commercial catch, all but one are dependent on the estuary. This high productivity associated with the estuary results from its unique circulation patterns caused by tidal energy, fresh water flow, and shallow depth; nutrient trapping mechanisms; and protection to the many organisms. The circulation of estuarine waters transports nutrients, propels plankton, spreads seed stages of fish and shellfish, flushes wastes from animal and plant life, cleanses the system of pollutants, controls salinity, shifts sediments, and mixes the water to create a multitude of habitats. Some important features of the estuary include mud and sand flats, eel grass beds, salt marshes, submerged vegetation flats, clam and oyster beds, and important nursery areas. Secondary benefits include the stimulation of the coastal economy from the spin off operations required to service commercial and sports fisheries, waterfowl hunting, marinas, boatyards, repairs and supplies, processing operations, and tourist related industries. In addition, there is considerable nonmonetary value associated with aesthetics, recreation, and NORTH CAROLINA ADMINISTRATIVE CODE 04130196 Page 2 1 EHNR - COASTAL MANAGEMENT TI SA: 07H .0200 I F, I 11 1 U education. (c) Management Objective. To conserve and manage the important features of estuarine waters so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing estuarine waters so as to maximize their benefits to man and the estuarine system. (d) Use Standards. Suitable land/water uses shall be those consistent with the management objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine waters and its vital components. Second priority of estuarine waters use shall be given to those types of development activities that require water access and use which cannot function elsewhere such as simple access channels; structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine wants, and public trust areas described in Rule .0208 of this Section. History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(2); 113A-124; Ejj. September 9,1977, Amended EJj. October 1.1993; November 1, 1991; May 1, 1990. October 1,1988. .0207 PUBLIC TRUST AREAS (a) Description. Public tout areas are all waters of the Atlantic Ocean and the lands thereunder from the mean high water mark to the seaward limit of state jurisdiction; all natural bodies of water subject to measurable lunar tides and lands thereunder to the mean high water mark; all navigable natural bodies of water and lands thereunder to the mean high water level or mean water level as the case may be, except privately -owned lakes to which the public has no right of access; all water in artificially created bodies of water containing significant public fishing resources or other public resources which are accessible to the public by navigation from bodies of water in which the public has rights of navigation; and all waters in artificially created bodies of water in which the public has acquired rights by prescription, custom, usage, dedication, or any other means. In determining whether the public has acquired rights in artificially created bodies of water, the following factors shall be considered: (1) the use of the body of water by the public, (2) the length of time the public has used the area, (3) the value of public resources in the body of water, (4) whether the public resources in the body of water are mobile to the extent that they can move into natural bodies of water, (5) whether the creation of the artificial body of water required permission from the state, and (6) the value of the body of water to the public for navigation from one public area to another public area. (b) Significance. The public has rights in these areas, including navigation and recreation. In addition, these areas support valuable commercial and sports fisheries, have aesthetic value, and are important resources for economic development. (c) Management Objective. To protect public rights for navigation and recreation and to conserve and manage the public tout areas so as to safeguard and perpetuate their biological, economic and aesthetic value. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which significantly interferes with the public right of navigation or other public nut rights which the public may be found to have in these areas shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided that such uses will not be detrimental to the public taut rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below mean high tide, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters we generally considered incompatible with the management policies of public trust areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public taut areas. History Nore: Authority G.S. 113A-107(a); 113A-107(b);113A-113(b)(5); 113A-124; Ep. September 9. 1977, Amended Eff. October]. 1993. .0208 USE STANDARDS (a) General Use Standards (1) Uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories, and 1 NORTH CAROLINA ADMINISTRATIVE CODE 04130196 Page 3 EHNR - COASTAL MANAGEMENT TISA. 07H.0200 parking lots are examples of uses that are not water dependent. Uses that are water dependent may include: utility easements; docks; wharfs; boat ramps; dredging; bridges and bridge approaches; revetments, bulkheads; culverts; groins; navigational aids; mooring pilings; navigational channels; simple access channels and drainage ditches. (2) Before being granted a permit by the CRC or local permitting authority, there shall be a finding that the applicant has complied with the following standards: (A) The location, design, and need for development. as well as the construction activities involved shall be consistent with the stated management objective. (B) Before receiving approval for location of a use or development within these AECs, the permit -letting authority shall find that no suitable alternative site or location outside of the AEC exists for the use or development and, further, that the applicant has selected a combination of sites and design that will have a minimum adverse impact upon the productivity and biologic integrity of coastal marshland, shellfish beds, beds of submerged aquatic vegetation, spawning and nursery areas, important nesting and wintering sites for waterfowl and wildlife, and important natural erosion barriers (cypress fringes, marshes, clay soils). (C) Development shall not violate water and air quality standards. (D) Development shall not cause major or irreversible damage to valuable documented archaeological or historic resources. (E) Development shall not measurably increase siltation. (F) Development shall not create stagnant water bodies. (G) Development shall be timed to have minimum adverse significant affect on life cycles of estuarine resources. (H) Development shall not impede navigation or create undue interference with access to, or use of, public trust areas or estuarine waters. (3) When the proposed development is in conflict with the general or specific use standards set forth in this Rule, the CRC may approve the development if the applicant can demonstrate that the activity associated with the proposed project will have public benefits as identified in the findings and goals of the Coastal Area Management Act, that the public benefits clearly outweigh the long range adverse effects of the project, that there is no reasonable and prudent alternate site available for the project. and that all reasonable means and measures to mitigate adverse impacts of the project have been incorporated into the project design and will be implemented at the applicant's expense. These measures taken to mitigate or minimize adverse impacts may include actions that will: (A) minimize or avoid adverse impacts by limiting the magnitude or degree of the action; (B) restore the affected environment; or (C) compensate for the adverse impacts by replacing or providing substitute resources. (4) Primary nursery areas are those areas in the estuarine system where initial post larval development of f nfish and crustaceans takes place. They are usually located in the uppermost sections of a system where populations are uniformly early juvenile stages. They are officially designated and described by the N.C. Marine Fisheries Commission in 15A NCAC 3B .1405 and by the N.C. Wildlife Resources Commission in 15A NCAC IOC .0110. (5) Outstanding Resource Waters are those estuarine waters and public trust areas classified by the N.C. Environmental Management Commission pursuant to Tide 15A, Subchapter 2B .0216 of the N.C. Administrative Code as Outstanding Resource Waters (ORW) upon finding that such waters are of exceptional state or national recreational or ecological significance. In those estuarine waters and public trust areas classified as ORW by the Environmental Management Commission (EMC), no permit required by the Coastal Area Management Act shall be approved for any project which would be inconsistent with applicable use standards adopted by the CRC, EMC, or Marine Fisheries Commission (MFC) for estuarine waters, public trust areas, or coastal wetlands. For development activities not covered by specific use standards, no permit shall be issued if the activity would, based on site specific information, materially degrade the water quality or outstanding resource values unless such degradation is temporary. (6) Beds of submerged aquatic vegetation (SAV) are those habitats in public trust and estuarine waters vegetated with one or more species of submergent vegetation. These vegetation beds occur in both subtidal and intertidal zones and may occur in isolated patches or cover extensive areas. In either case, the bed is defined by the presence of above -ground leaves or the below -ground rhizomes and propagules. In defining SAVs, the CRC recognizes the Aquatic Weed Control Act of 1991 (G.S. 113A.220 et. seq.) and does not intend the SAV definition and its implementing rules to apply to or conflict with the non -development control activities authorized by that Act (b) Specific Use Standards NORTH CAROLINA ADMINISTRATIVE CODE 04130196 Page 4 ' EHNR • COASTAL MANAGEMENT TISA: 07H.0200 I n (1) Navigation channels, canals, and boat basins shall be aligned or located so as to avoid primary nursery areas highly productive shellfish beds, beds of submerged aquatic vegetation, or significant areas of regularly or irregularly flooded coastal wetlands. (A) Navigation channels and canals may be allowed through narrow fringes of regularly and irregularly flooded coastal wetlands if the loss of wetlands will have no significant adverse impacts on fishery resources, water quality or adjacent wetlands, and, if there is no reasonable alternative that would avoid the wetland losses. (B) All spoil material from new construction shall be confined landward of regularly and irregularly flooded coastal wetlands and stabilized to prevent entry of sediments into the adjacent water bodies or marsh. (C) Spoil from maintenance of channels and canals through irregularly flooded wetlands shall be placed on non -wetland areas, remnant spoil piles, or disposed of by a method having no significant, long term wetland impacts. Under no circumstances shall spoil be placed on regularly flooded wetlands. (D) Widths of the canals and channels shall be the minimum required to meet the applicant's needs and provide adequate water circulation. (E) Boat basin design shall maximize water exchange by having the widest possible opening and the shortest practical entrance canal. Depths of boat basins shall decrease from the waterward end inland. (F) Any canal or boat basin shall be excavated no deeper than the depth of the connecting channels. (G) Canals for the purpose of multiple residential development shall have: (i) no septic tanks unless they meet the standards set by the Division of Environmental Management and the Division of Environmental Health; (ii) no untreated or treated point source discharge; (iii) storm water routing and retention areas such as settling basins and grassed swales. (H) Conmuction of finger canal systems shall not be allowed. Canals shall be either straight or meandering with no right angle corners. (I) Canals shall be designed so as not to create an erosion hazard to adjoining property. Design may include bulkheading, vegetative stabilization, or adequate setbacks based on soil characteristics. (J) Maintenance excavation in canals, channels and boat basins within primary nursery areas and beds of submerged aquatic vegetation should be avoided. However, when essential to maintain a traditional and established use, maintenance excavation may be approved if the applicant meets all of the following criteria as shown by clear and convincing evidence accompanying the permit application. This Rule does not affect restrictions placed on permits issued after March 1, 1991. (i) The applicant demonstrates and documents that a water -dependent need exists for the excavation; and (ii) There exists a previously permitted channel which was constructed or maintained under permits issued by the State or Federal government If a natural channel was in use, or if a human -made channel was constructed before permitting was necessary, there shall be clear evidence that the channel was continuously used for a specific purpose; and (iii) Excavated material can be removed and placed in an approved disposal area without sig- nificandy impacting adjacent nursery areas and beds of submerged aquatic vegetation; and (iv) The original depth and width of a human -made or natural channel will not be increased to allow a new or expanded use of the channel. (2) Hydraulic Dredging (A) The terminal end of the dredge pipeline shall be positioned at a distance sufficient to preclude erosion of the containment dike and a maximum distance from spillways to allow adequate settlement of suspended solids. (B) Dredge spoil shall be either confined on high ground by adequate retaining structures or if the material is suitable, deposited on beaches for purposes of renourishment, with the exception of (G) of this Subsection (b)(2). (C) Confinement of excavated materials shall be on high ground landward of regularly and irregularly flooded marshland and with adequate soil stabilization measures to prevent entry of sediments into the adjacent water bodies or marsh. (D) Effluent from diked areas receiving disposal from hydraulic dredging operations shall be contained by pipe, trough, or similar device to a point waterward of emergent vegetation or, where local conditions require, below mean low water. (E) When possible, effluent from diked disposal areas shall be returned to the area being dredged. (F) A water control structure shall be installed at the intake end of the effluent pipe. (G) Publicly funded projects shall be considered by review agencies on a case -by -case basis with respect to dredging methods and spoil disposal. NORTH CAROLfNA ADMINISTRATIVE CODE 04130196 Page 5 EHNR - COASTAL MANAGEMENT TISA: 07H.0200 (H) Dredge spoil from closed shellfish waters and effluent from diked disposal areas used when dredging in closed shellfish waters shall be returned to the closed shellfish waters. (3) Drainage Ditches (A) Drainage ditches located through any marshland shall not exceed six feet wide by four feet deep (from ground surface) unless the applicant shows that larger ditches are necessary for adequate drainage. (B) Spoil derived from the construction or maintenance of drainage ditches through regularly flooded marsh shall be placed landward of these marsh areas in a manner that will insure that entry of sediment into the water or marsh will not occur. Spoil derived from the construction or maintenance of drainage ditches through irregularly flooded marshes shall be placed on nonwetiands wherever feasible. Non -wetland areas include relic disposal sites. (C) Excavation of new ditches through high ground shall take place landward of a temporary earthen plug or other methods to minimize siltation to adjacent water bodies. (D) Drainage ditches shall not have a significant adverse effect on primary nursery areas, productive shellfish beds, beds of submerged aquatic vegetation, or other documented important estuarine habitat Particular attention shall be placed on the effects of freshwater inflows, sediment, and nutrient introduction. Settling basins, water gates, retention structures are examples of design alternatives that may be used to minimize sediment introduction. (4) Nonagricultural Drainage (A) Drainage ditches shall be designed so that restrictions in the volume or diversions of flow are minimized to both surface and ground water. (B) Drainage ditches shall provide for the passage of migratory organisms by allowing free passage of water of sufficient depth. (C) Drainage ditches shall not create stagnant water pools or significant changes in the velocity of flow. (D) Drainage ditches shall not divert or restrict water flow to important wetlands or marine habitats. (5) Marinas. Marinas are defined as any publicly or privately owned dock, basin or wet boat storage facility constructed to accommodate mom than 10 boats and providing any of the following services: permanent or transient docking spaces, dry storage, fueling facilities, haulout facilities and repair service. Excluded from this definition are boat ramp facilities allowing access only, temporary docking and none of the preceding services. Expansion of existing facilities shall also comply with these standards for all development other than maintenance and repair necessary to maintain previous service levels. (A) Marinas shall be sited in non -wetland areas or in deep waters (areas not requiring dredging) and shall not disturb valuable shallow water, submerged aquatic vegetation, and wetiand habitats, except for dredging necessary for access to high -ground sites. The following four alternatives for siting marinas are listed in order of preference for the least damaging alterative; marina projects shall be designed to have the highest of these four priorities that is deemed feasible by the permit letting agency: (i) an upland basin site requiring no alteration of wetland or estuarine habitat and providing adequate flushing by tidal or wind generated water circulation; (ii) an upland basin site requiring dredging for access when the necessary dredging and operation of the marina will not result in the significant degradation of existing fishery, shellfish, or wetland resources and the basin design shall provide adequate flushing by tidal or wind gen- crated water circulation; (ui) an open water site located outside a primary nursery area which utilizes piers or docks rather than channels or canals to reach deeper water, and (iv) an open water marina requiring excavation of no intertidal habitat, and no dredging greater than the depth of the connecting channel (B) Marinas which require dredging shall not be located in primary nursery areas nor in areas which require dredging through primary nursery areas for access. Maintenance dredging in primary nursery areas for existing marinas shall be considered on a case -by -case basis. (C) To minimize coverage of public trust areas by docks and moored vessels, dry storage marinas shall be used where feasible. (D) Marinas to be developed in waters subject to public trust rights (other than those created by dredging upland basins or canals) for the purpose of providing docking for residential developments shall be allowed no more than 27 square feet of public trust areas for every one lin. ft. of shoreline adjacent to these public trust areas for construction of docks and mooring facilities. The 27 square feet allocation shall not apply to fairway areas between parallel piers or any portion of the pier used only for access from land to the docking spaces. (E) To protect water quality of shellfrshing areas marinas shall not be located within areas where shellfish harvesting for human consumption is a significant existing use or adjacent to such areas if shellfish NORTH CAROLfNA ADMINISTRATIVE CODE 04/3006 Page 6 1 EHNR - COASTAL MANAGEMENT TISA. 07H.0200 1_1 11 t 1 (6) 1 harvest closure is anticipated to result from the location of the marina. In compliance with Section 101(a)(2) of the Clean Water Act and North Carolina Water Quality Standards adopted pursuant to that section, shellfish harvesting is a significant existing use if it can be established that shellfish have been regularly harvested for human consumption since November 28, 1975 or that shellfish apparently are propagating and surviving in a biologically suitable habitat and are available and suitable for harvesting for the purpose of human consumption. The Division of Marine Fisheries shall be consulted regarding the significance of shellfish harvest as an existing use and the magnitude of the quantities of shellfish which have been harvested or are available for harvest in the area where harvest will be affected by the development. (F) Marinas shall not be located without written consent from the controlling parties in areas of submerged lands which have been leased from the state or deeded by the state. (G) Marina basins shall be designed to promote flushing through the following design criteria: (i) the basin and channel depths shall gradually increase toward open water and shall never be deeper than the waters to which they connect; and (ii) when possible, an opening shall be provided at opposite ends of the basin to establish flow -through circulation. (H) Marinas shall be designed to minimize adverse effects on navigation and public use of public trust areas while allowing the applicant adequate access to deep waters. (I) Marinas shall be located and constructed so as to avoid adverse impacts on navigation throughout all federally maintained channels and their immediate boundaries. This includes mooring sites (permanent or temporary), speed or traffic reductions, or any other device, either physical or regulatory, that may cause a federally maintained channel to be restricted. (J) Open water marinas shall not be enclosed within breakwaters that preclude circulation sufficient to maintain water quality. (K) Marinas which require dredging shall provide acceptable areas to accommodate disposal needs for future maintenance dredging. Proof of the ability to truck the spoil material from the marina site to an acceptable disposal area will be acceptable. (L) Marina design shall comply with all applicable requirements for management of stormwater runoff. (M) Marinas shall post a notice prohibiting the discharge of any waste from boat toilets and explaining the availability of information on local pump -out services. (N) Boat maintenance areas shall be designed so that all scraping, sandblasting, and painting will be done over dry land with adequate containment devices to prevent entry of waste materials into adjacent waters. (0) All marinas shall comply with all applicable standards for docks and piers, bulkheading, dredging and spoil disposal. (P) All applications for marinas shall be reviewed to determine their potential impact and compliance with applicable standards. Such review shall consider the cumulative impacts of marina development. (Q) Replacement of existing marinas to maintain previous service levels shall be allowed provided that the preceding rules are complied with to the maximum extent possible, with due consideration being given to replacement costs, service needs. Docks and Piers. (A) Docks and piers shall not significantly interfere with water flows. (B) To preclude the adverse effects of shading coastal wetlands vegetation, docks and piers built over coastal wetlands shall not exceed six feet in width. "Ts and platforms associated with residential piers shall be at the waterward end, and shall not exceed a total area of 500 square feet with no more than six feet of the dimension perpendicular to the marsh edge extending over coastal wetlands. Water dependent projects requiring piers or wharfs of dimensions greater than those stated in this Rule shall be considered on a case -by -case basis. (C) Piers shall be designed to minimize adverse effects on navigation and public use of waters while allowing the applicant adequate access to deep waters by: (i) not extending beyond the established pier length along the same shoreline for similar use; (This restriction shall not apply to piers 200 feet or less in length unless necessary to avoid unreasonable interference with navigation or other uses of the waters by the public); (ii) not extending into the channel portion of the water body; and _ (iii) not extending more than one-third the width of a natural water body or roan -made canal or basin. Measurements to determine widths of the channels, canals or basins shall be made from the waterward edge of any coastal wetland vegetation which borders the water body. The one-third length limitation shall not apply in areas where the U.S. Army Corps of Engineers, or a local ' NORTH CAROLINA ADMINISTRATIVE CODE 04130196 Page 7 EHNR - COASTAL MANAGEMENT T1SA: 07H.0200 government in consultation with the Corps of Engineers, has established an official pier -head line. (D) Pier alignments along federally maintained channels shall meet Corps of Engineers District guidelines. (E) Piers shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier and the adjacent property owners areas of riparian access. The line of division of areas of riparian access shall be established by drawing a line along the channel or deep water in front of the properties, then drawing a line perpendicular to the line of the channel so that it intersects with the shore at the point the upland property line meets the waters edge. The minimum setback provided in the rule may be waived by the written agreement of the adjacent riparian owner(s) or when two adjoining riparian owners are co -applicants. Should the adjacent property be sold before construction of the pier commences, the applicant shall obtain a written agreement with the new owner waiving the minimum setback and submit it to the permitting agency prior to initiating any development of the pier. Application of this Rule may be aided by reference to an approved diagram illustrating the rule as applied to various shoreline configurations. Copies of the diagram may be obtained from the Division of Coastal Management. When shoreline configuration is such that a perpendicular alignment cannot be achieved, the pier shall be aligned to meet the intent of this Rule to the maximum extent practicable. (F) Docks and piers shall not significantly interfere with shellfish franchises or !cases. Applicants for authorization to construct a dock or pier shall provide notice of the permit application or exemption request to the owner of any part of a shellfish franchise or lease over which the proposed dock or pier would extend. (7) Bulkheads and Shore Stabilization Measures (A) Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate mean high water or normal water level. (B) Bulkheads shall be constructed landward of significant marshland or marshgrass fringes. (C) Bulkhead fill material shall be obtained from an approved upland source, or if the bulkhead is a part of a permitted project involving excavation from a non -upland source, the material so obtained may be contained behind the bulkhead. (D) Bulkheads or other structures employed for shoreline stabilization shall be permitted below approximate mean high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, a g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; (ii) the bulkhead alignment extends no further below approximate mean high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; (iii) the bulkhead alignment will not result in significant adverse impacts to public trust rights or to the property of adjacent riparian owners; (iv) the need for a bulkhead below approximate mean high water or normal water level is do- cumented in the Field Investigation Report or other reports prepared by the Division of Coastal Management; and (v) the property to be bulkheaded is in a nonoceanfront area. (E) Where possible, sloping rip -rap, gabions, or vegetation shall be used rather than vertical seawalls. (8) Beach Nourishment (A) Beach creation or maintenance may be allowed to enhance water related recreational facilities for public, commercial, and private use. (B) Beaches may be created or maintained in areas where they have historically been found due to natural processes. They will not be allowed in areas of high erosion rates where frequent maintenance will be necessary. (C) Placing unconfined sand material in the water and along the shoreline shall not be allowed as a method of shoreline erosion control. (D) Material placed in the water and along the shoreline shall be clean sand free from pollutants and highly erodible finger material. Grain size shall be equal to or larger than that found naturally at the site. (E) Material from dredging projects may be used for beach nourishment if. (i) it is first handled in a manner consistent with rules governing spoil disposal;. (ii) it is allowed to dry for a suitable period; and NORTH CAROLINA ADMINISTRATIVE CODE 04/30/96 Page 8 1 EHNR " COASTAL MANAGEMENT TI SA: 07H.0200 11 1 J I (iii) only that material of acceptable grain size is removed from the disposal site for placement on the beach. Material shall not be placed directly on the beach by dredge or dragline during maintenance excavation. (F) Beach creation shall not be allowed in any primary nursery areas, nor in any areas where siltation from the site would pose a threat to shellfish beds. (G) Material shall not be placed on any coastal wetlands or beds of submerged aquatic vegetation. (H) Material shall not be placed on any submerged bottom with significant shellfish resources. (1) Beach construction shall not create the potential for filling adjacent or nearby navigation channels, canals, or boat basins. (I) Beach construction shall not violate water quality standards. (K) Permit renewal of these projects shall require an evaluation of any adverse impacts of the original work. (L) Permits issued for this development shall be limited to authorizing beach nourishment only one time during the life of the permit. Permits may be renewed for maintenance work or repeated need for nourishment (9) Wooden and Riprap Groins (A) Groins shall not extend more than 25 ft waterward of the mean high water or normal water level unless a longer structure is justified by site specific conditions, sound engineering and design principals. (B) Groins shall be set back a minimum of 15 ft from the adjoining property lines. This setback may be waived by written agreement of the adjacent riparian owner(s) or when two adjoining riparian owners are cooapplicants. Should the adjacent property be sold before construction of the groin commences, the applicant shall obtain a written agreement with the new owner waiving the minimum setback and submit it to the permitting agency prior to initiating any development of the groin. (C) Groins shall pose no threat to navigation. (D) The height of groins shall not exceed 1 ft above mean high water or the normal water level. (E) No more than two structures shall be allowed per 100 ft of shoreline unless the applicant provides evidence that more structures are needed for shoreline stabilization. (F) "L" and or sections shall not be allowed at the end of groins. (G) Riprap material used for groin construction shall be free from loose dirt or any other pollutant in other than non -harmful quantities and of a size sufficient to prevent its movement from the site by wave and current action. (10) "Freestanding Moorings". (A) A "freestanding mooring" is any means to attach a ship, boat, vessel, floating structure or other water craft to a stationary underwater device, mooring buoy, buoyed anchor, or piling (as long as the piling is not associated with an existing or proposed pier, dock, or boathouse). (B) Freestanding moorings shall be permitted only: (i) to riparian property owners within their riparian corridors; or (ii) to any applicant proposing to locate a mooring buoy consistent with a water use plan that may be incorporated into either the local zoning or land use plan. (C) All approved mooring fields shall provide suitable area for access to any mooring(s) and other land based operations which shall include but not be limited to wastewater pumpout, trash disposal and vehicle parking. (D) If the agreement referenced in specific condition in Part (b)(10)(C) of this Rule is terminated or the facility no longer exist, the permit shall become null and void and the permitted project removed from the AEC. (E) To protect water quality of shellfishing areas, mooring fields shall not be located within areas where shellfish harvesting for human consumption is a significant existing use or adjacent to such areas if shellfish harvest closure is anticipated to result from the location of the mooring field. In compliance with Section 101(a)(2) of the Federal Water Pollution Control Act. 33 U.S.C. 1251 (a)(2), and North Carolina Water Quality Standards adopted pursuant to that section, shellfish harvesting is a significant existing use if it can be established that shellfish have been regularly harvested for human consumption since November 28, 1975 or that shellfish apparently are propagating and surviving in a biologically suitable habitat and are available and suitable for harvesting for the purpose of human consumption. The Division of Marine Fisheries shall be consulted regarding the significance of shellfish harvest as an existing use and the magnitude of the quantities of shellfish which have been harvested or arc available for harvest in the area where harvest will be affected by the development (F) Moorings shall not be located without written consent from the controlling parties in areas of submerged lands which have been leased from the state or deeded by the state. (G) Moorings shall be located and constructed so as to avoid adverse impacts on navigation throughout all ' NORTH CAROLINA ADMINISTRATIVE CODE 04130196 Page 9 EHNR - COASTAL MANAGEMENT Tl SA: 07H .0200 federally maintained channels and their immediate boundaries. This includes mooring sites (permanent or temporary), speed or traffic reductions, or any other device, either physical or regulatory, that may cause a federally maintained channel to be restricted. (H) Open water moorings shall not be enclosed within breakwaters that preclude circulation sufficient to maintain water quality. (1) Moorings and the associated land based operation design shall comply with all applicable requirements for management of stormwater runoff. (J) Mooring fields shall have posted in view of patrons a notice prohibiting the discharge of any waste from boat toilets or any other discharge and explaining the availability of information on local pump -out services and waste disposal. (K) Freestanding moorings associated with commercial shipping, public service or temporary comstructiontsalvage operations may be permitted without a public sponsor and shall be evaluated on a case -by -case basis. (L) Freestanding mooring buoys and piles shall be evaluated based upon the arc of the swing including the vessel to be moored. Moorings and the attached vessel shall not interfere with the access of any riparian owner nor shall it block riparian access by blocking channels, deep water, etc. which allows riparian access. Freestanding moorings shall not interfere with the ability of any riparian owner to place a pier for access. (M) Freestanding moorings shall not be established in submerged cable/pipe crossing areas or in a [Wanner which interferes with the operations of an access through any bridge. (N) Freestanding moorings shall be marked or colored in compliance with U.S. Coast Guard and N.C. Wildlife Resource Commission requirements and the required marking maintained for the life of the moorvrg(s). (0) The type of material used to create a mooring must be free of pollutants and of a design and type of material so as to not present a hazard to navigation or public safety. (p) Existing freestanding moorings (i.e. buoys/pilings) may be maintained in place for two years. However, if the moorings(s) deteriorate or are damaged such that replacement is necessary during the two year period. the mooring(s) then shall comply with those guidelines of the Division in place at that time. In any event, existing moorings shall comply with these Rules within two years. (11) Filling of Canals, Basins and Ditches - Not withstanding the general use standards for estuarine systems as set out in 7H .0208(a) of this Rule, filling canals, basins and ditches shall be allowed if. (A) the area to be fulled was not created by excavating lands which were below the normal high water or normal water level; and (B) if the area was created from wetlands, the elevation of the proposed filling does not exceed the elevation of said wetlands so that wetland function will be restored; and (C) the filling will not adversely impact any designated primary nursery area, shellfish bed, bed of submerged aquatic vegetation, coastal wetlands other than a narrow fringe around the shoreline, recognized public taut right or established public trust usage; and (D) the filling will not adversely affect the value and enjoyment of property of any riparian owner, and (E) the filling will further some policy of the Commission such as retreating from erosion or avoiding water quality degradation. History Note: Authority G.S. 113A-107(b); 113A-108; 113A-113(b); 113A-124; Ejf. September 9, 1977, Amended E$. February 1. 1996; April 1, 1993: February 1, 1993; November 30, 1992; RRC Objection due to ambiguity EJj. March 21, 1996, Amended Ejj. May 1, 1996. .0209 ESTUARINE SHORELINES (a) Rationale. As an AEC, estuarine shorelines, although characterized as dry land, are considered a component of the estuarine system because of the close association with the adjacent estuarine waters. This Section defines estuarine shorelines, describes the significance, and articulates standards for development. (b) Description. Estuarine shorelines are those non -ocean shorelines which are especially vulnerable to erosion, flooding, or other adverse effects of wind and water and are intimately connected to the estuary. This area extends from the mean high water level or normal water level along the estuaries, sounds, bays, and brackish waters as set forth in an agreement adopted by the Wildlife Resources Commission and the Department of Environment, Health, and Natural Resources [described in Rule .0206(a) of this Section) for a distance of 75 feet landward. For those estuarine shorelines immediately contiguous to waters classified as Outstanding Resource Waters by the Environmental Management NORTH CAROLINA ADMINISTRATIVE CODE 04130196 Page 10 EHNR - COASTAL MANAGEMENT TI SA: 07H .0200 11 Commission, the estuarine shoreline AEC shall extend to 575 feet landward from the mean high water level or normal water level, unless the Coastal Resources Commission establishes the boundary at a greater or lesser extent following required public hearing(s) within the affected county or counties. (c) Significance. Development within estuarine shorelines influences the quality of estuarine life and is subject to the damaging processes of shore front erosion and flooding. (d) Management Objective. To ensure shoreline development is compatible with both the dynamic nature of estuarine shorelines and the values of the estuarine system. (e) Use Standards. (1) All development projects, proposals, and designs shall substantially preserve and not weaken or eliminate natural barriers to erosion, including, but not limited to, peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines. (2) All development projects, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to adequately service the major purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed 30 percent of the AEC area of the lot, unless the applicant can effectively demonstrate, through innovative design, that the protection provided by the design would be equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas exceeding the 30 percent impervious surface limitation can be permitted if impervious areas are not increased and the applicant designs the project to comply with the intent of the rule to the maximum extent practical. (3) All development projects, proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: (A) All development projects, proposals, and designs shall provide for a buffer zone along the margin of the estuarine water which is sufficient to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development. (B) No development project proposal or design shall permit an angle for graded slopes or fill which is greater than an angle which can be retained by vegetative cover or other adequate erosion -control devices or structures. (C) All development projects, proposals, and designs which involve uncovering more than one acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days of completion of the grading; provided that this shall not apply to clearing land for the purpose of forming a reservoir later to be inundated. (4) Development shall not have a significant adverse impact on estuarine resources. (5) Development shall not significantly interfere with existing public rights of access to, or use of, navigable waters or public resources. 16) No major public facility shall be permitted if such facility is likely to require extraordinary public expenditures for maintenance and continued use, unless it can be shown that the public purpose served by the facility outweighs the required public expenditures for construction, maintenance, and continued use. For the purpose of this standard, "public facility" shall mean a project which is paid for in any part by public funds. (7) Development shall not cause major or irreversible damage to valuable, documented historic architectural or archaeological resources. (8) Established common-law and statutory public rights of access to the public trust lands and waters in,estuarine areas shall not be eliminated or restricted. Development shall not encroach upon public accessways nor shall it limit the intended use of the accessways. (9) Within the AEC for shorelines contiguous to waters classified as Outstanding Resource Waters by the EMC, no CAMA permit will be approved for any project which would be inconsistent with applicable use standards adopted by the CRC, EMC or MFC for estuarine waters, public trust areas, or coastal wetlands. For development activities not covered by specific use standards, no permit will be issued if the activity would, based on site specific information, materially degrade the water quality or outstanding resource values unless such degradation is temporary. (f) Specific Use Standards for ORW Estuarine Shorelines. (1) Within the AEC for estuarine shorelines contiguous to waters classified as ORW by the EMC, all development projects, proposals, and designs shall limit the built upon area to no more than 25 percent of the AEC area of the land to be developed or any lower site specific percentage as adopted by the EMC as necessary to protect the exceptional water quality and outstanding resource values of the ORW, and shall: (A) have no stormwater collection system; (B) provide a buffer zone of at least 30 feet from the mean high water line; (C) otherwise be consistent with the use standards set out in Paragraph (e) of this Rule. (2) Development (other than single-family residential lots) more than 75 feet from the mean high water line but within the AEC which as of June 1, 1989: NORTH CAROLINA ADMINISTRATIVE CODE 04130196 Page 11 EHNR - COASTAL MANAGEMENT T15A: 07H .0200 (A) has a CAMA permit application in process, or (B) has received preliminary subdivision plat approval or preliminary site plan approval under applicable local ordinances, and in which substantial financial resources have been invested in design or improvement; will be permitted in accordance with rules and standards in effect as of June 1, 1989. (3) Single-family residential lots which would not be buildable under the low -density standards defined in Paragraph (f)(1) of this Rule may be developed for single-family residential purposes so long as the development complies with those standards to the maximum extent possible. (4) For ORW's nominated subsequent to June 1, 1989, the effective- date in Paragraph (f)(2) of this Rule shall be the dates of nomination by the EMC. HistoryNote: Temporary Amendment Ef. .. December 1 & 1981; Authority C.S. 113A-107(b);113A-108; 113A-113(b); 113A-124; Eff. September9, 1977;, Amended Eff. August 3, 1992; December 1, 1991; May 1, 1990, October 1, 1989. NORTH CAROLINA ADMINISTRATIVE CODE 04/30/96 Page 12