1990 Land Use Plan Update-1992

Town'' of Nags. ea. d
1990 Land Use Plan
Update
DCM COPY DCM COPY
lease do not remove!!!!!
D:v:s:on of Coastal Management

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NAGS HEAD 1990 LAND USE PLAN
BOARD OF COMMISSIONERS
Renee Cahoon, Mayor
Lilly W. Gray, Mayor Pro Tem
Robert W. Muller
William B . Meredith
E. Wayne Gray
Former Mayor Donald W. Bryan
Former Mayor Pro Tem Ronald E. Scott
PLANNING BOARD
David Oaksmith, Chairman
Bo Taylor, Vice Chairman
Jerry McManus
Paul Royston
Carole Lublow
Charles Burton
Alvin Hibbs
PLANNING AND DEVELOPMENT STAFF
Gary E. Ferguson, Director
Bruce M. Bortz, Planner
John P. Brabrand, Building Inspector
Ronnie E. Ballance, Building Inspector
Carole Lewallen, Planning Technician
' Adopted by the Nags Head Board of Commissioners on January 6, 1992, and certified
by the Coastal Resources Commission on January 23, 1992.
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' The preparation of this report was financed in part through a grant provided by the
North Carolina Coastal Management Program, through funds provided by the Coastal
Zone Management Act of 1972, as amended, which is administered by the Office of
Ocean and Coastal Resource Management, National Oceanic and Atmospheric
Administration.
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TABLE OF CONTENTS
Chapter
Page
'
1.
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 1
'
2.
Assessing Growth and Development Pressures in Nags Head . .
. . . . 5
3.
Managing Growth in Nags Head . . . . . . . . . . . . . . . . . . .
. . . . 19
4.
Shoreline Management and Protection . . . . . . . . . . . . . . .
. . . . 24
5.
Hurricane and Coastal Storm Hazard Mitigation . . . . . . . . . .
. . . . 28
'
33
6.
Traffic and Transportation . . . . . . . . . . . . . . . . . . . . .
. . . .
'
7.
Water Quality . . . . . . . . . . . . . . . . . . . ... . . . . . . . .
. . . . 35
8.
Water and Sewer Service . . . . . . . . . . . . . . . . . . . . . .
. . . . 39
'
9.
Economic Development . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 45
10.
Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 48
50
11.
Visual and Aesthetic Resources . . . . . . . . . . . . . . . . .
. . . .
'
12.
Recreation and Open Space . . . . . . . . . . . . . . . . . . . . .
. . . . 53
13.
Nags Head Woods . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 55
'
14.
Police and Fire Protection . . . . . . . . . . . . . . . . . . . . . .
. . . . 57
15.
Solid Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 59
'
16.
Public Participation and Intergovernmental Coordination . . . .
. . . . 61
'
17.
Special Development Issues . . . . . . . . . . . . . . . . . . . . .
. . . . 63
18.
Review of the Progress on Implementation of the
1985 Land Use Plan Policies . . . . . . . . . . . . . . . . . . .
. . . . 65
'
19.
Policies and Implementation Methods . . . . . . . . . . . . . . . .
. . . . 77
'
20.
Land Classification System . . . . . . . . . . . . . . . . . . . . .
. . . . 84
Workshops and Meetings . . . . . . . . . . . . . . . . . . . . . . .
. . . . 86
'
List of Plans, Policies, and Regulations . . . . . . . . . . . . . .
. . . . 88
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 90

'
LIST OF TABLES
Table
Page
'
2-1.
Permanent Population
6
. . . . . . . . . . . . . . . . . . . . . .
. . . .
'
2-2.
Projected Population Estimates . . . . . . . . . . . . . . . . .
. . . . 7
2-3.
Age Distribution . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 9
'
2-4.
Platted/Unplatted Lots, Unplatted Acreage
and Potential Lots
10
2-5.
Residential and Hotel Units . . . . . . . . . . . . . . . . . . . .
. . . . 11
2-6.
Development Intensities . . . . . . . . . . . . . . . . . . . . . .
. . . . 12
t2-7.
Commercial Structures . . . . . . . . . . . . . . . . . . . . . .
. . . . 13
2-8.
Commercial Development . . . . . . . . . . . . . . . . . . . . .
. . . . 14
2-9.
Estimated Current Peak Visitor and Resident Population . . .
. . . . 15
2-10.
Future Total Buildout-Dwelling Units . . . . . . . . . . . . . .
. . . . 16
2-11.
Additional Water Consumption at Buildout . . . . . . . . . . . .
. . . . 17
'
3-1.
Unplatted Acreage . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 23
8-1.
Projection of Water Consumption at Residential Buildout . . . .
. . . . 40
'
8-2.
Water Reserves
41
. . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . .
'
8-3.
Water Distribution System . . . . . . . . . . . . . . . . . . .
. . . . 42

LIST OF MAPS
Map Page
' Fragile Areas Map . . . . . . . . . . . . . . . . . . . . . . . . Inside back cover
' Existing Land Use Map . . . . . . . . . . . . . . . . . . . Inside back cover
Hazard Areas Map . . . . . . . . . . . . . . . . . . . . . . . . Inside back cover
Land Classification Map . . . . . . . . . . . . . . . . . . . . . Inside back cover
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Chapter 1.
Introduction: Overview of Nags Head
' and the Land Use Planning Process
' The Town of Nags Head is a unique and attractive resort community on the
Outer Banks of North Carolina. A number of characteristics make it an attractive
place to live or vacation. Among them are its proximity to water and beaches, its
' abundance of open spaces, its generally low density of development, and the overall
quality of its natural environment. Nags Head is primarily an ocean -oriented
community. The Town is fortunate to have significant natural resources, including
the ocean and its beaches, the Sound, a complex natural area called Nags Head Woods
' (consisting of stable, productive marshlands, fresh water ponds, and steep
migrating and stabilized dunes) and unique geological features like Jockey's Ridge.
Nags Head is a recreational wonderland, closely tied to its natural environment.
' Nags Head, from its early beginnings in the 1800s has consisted predominantly
of single family cottages and a few motels. Family operated businesses and cottage
courts made up the commercial sector of Nags Head. These factors contributed to
a certain charm, and a slow and relaxing pace of life. The Town has been and still
is an annual vacation spot for a countless number of families who make repeat visits
from the north. For many visitors and residents, Nags Head is a "family beach."
' Nags Head has been slow to develop when compared to other resort and vacation
areas along the east coast, e.g., Myrtle Beach, South Carolina; Ocean City,
Maryland. This slow growth has partly been a result of the remoteness of the Town.
However, like all of the Dare County beach communities, Nags Head, especially
during the mid- to late 1980s, experienced tremendous growth and development
pressures. As an indication, the permanent population has increased 80 percent in
' the last 10 years. The most significant growth pressures in the Town are, and will
continue to be, generated by seasonal resort development. The challenge the Town
is now facing is how to balance the needs of residents, visitors, and the tourist
' industry and not destroy those natural and cultural features which has made Nags
Head an attractive place to live and visit.
' The 1990 Land Use Survey of the attitudes of residents and property owners
found that most were in agreement that Nags Head should remain the family -oriented
beach it has been. The survey results also highlighted the high importance placed
by residents and non-resident property owners on the quality of the natural
environment, including such things as access to beaches and the protection of open
space in the Town. Yet, the growth pressures which Nags Head is currently feeling
indicate that the Town has been "discovered," and that this discovery puts in
' jeopardy many of the features and characteristics that make the Town such an
attractive place in which to live and vacation.
' The local planning requirements of the North Carolina Coastal Area Management
program (CAMA) provide the framework in which to analyze and project these future
growth pressures, identify the problems and concerns they raise, and to identify
appropriate policies and actions for dealing with them. CAMA mandates that coastal
' localities update their land use plans at least every five years, and what follows in
this plan is the result of the updating process. Nags Head is truly at an important
juncture and this plan update must provide essential direction and guidance for
' managing Nags Head's growth, both in the short and long terms. It is important to

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' recognize that even if this planning effort was not required under CAMA provisions,
the Town would still have undertaken it.
The Town considers the following CAMA guidelines regarding resource
production and management issues not applicable and relevant to Nags Head at this
time and they will not be discussed in the plan:
1. Productive agricultural lands.
' 2. Existing and potential mineral productive areas.
3. Peat or phosphate mining and industrial impacts on any resource.
4. Channel maintenance.
5. Pocosins.
' 6. Restrictions (above and beyond CAMA, Corps and FEMA regulations) of
development within areas up to five feet above mean high water that might
be susceptible to sea level rise and wetland loss.
' The Town considers the following types of development as not desirable in Nags
Head and they will not be permitted:
' 1. Dry -stack boat storage.
' 2. Floating homes.
3. Large (more than ten boats) commercial boat marinas.
4. Finger canals.
5. Upland excavation for boat marinas.
' 6. Forestry practices in Nags Head Woods (SED-80).
The essential purpose of this plan is to permit Town officials to make the most
deliberate and informed decisions as possible about future growth. The plan
attempts to comprehensively analyze the likely impacts of growth, identify Town
goals with respect to these impacts, and present policies and actions to manage this
growth consistent with these goals. This plan will be used and referenced in future
land use decision -making, and in particular by several key sets of local actors: the
Board of Commissioners, Planning Board, Zoning Board of Adjustment, and the
' Town's Department of Planning and Development. In addition, the Board of
Commissioners has appointed a Citizens' Advisory Committee to collect public opinion
on planning, as well as other issues, and to act as liaison between the Board of
Commissioners and citizens in the community.
' Land use planning in Nags Head is a continuous and ongoing process.
Numerous land use decisions are made each month. While the following plan
' represents the codification of Town policies at one point in time, the Town's Land
Use Plan is dynamic and evolutionary. Hopefully, this plan provides the basis for

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understanding the implications of future land use decisions (including failing to take
action) , and will serve as an overall framework for guiding future decisions by the
Town.
The Town of Nags Head is somewhat unusual in that the policies in the Land Use
Plan serve as a five-year work plan. The adopted policies are prioritized, and time
tables and goals are established for their implementation. While CAMA regulations
require that the Town address development and land use issues, those same
regulations do not require or mandate that towns or counties follow through and
implement the adopted policies.
In considering policy development, the Town carefully addresses each policy
area. Not only are the positive aspects of a policy considered, but negative
concerns are also recognized. Not all policies are implemented. Sometimes after
thoughtful discussion with various boards and citizens, or after considerable
research by staff, it is found that the implementation of a particular policy may not
be practical for any number of reasons. The Town places great emphasis on the
planning process, that is, a willingness to commit time, energy, and money to gather
information, identify the problems, develop goals and objectives, identify and
discuss alternative solutions, select a plan of action, and implement the plan. In
Nags Head the process does not stop with implementation of a policy or goal. There
is continuous monitoring and adjusting to fine-tune any plan or ordinance.
Some significant ordinances and policies adopted since the 1985 Land Use Plan
are: (1) The Village at Nags Head Development Standards; (2) Environmental
district regulations for SED-80 (formerly SPD-40); (3) Lot coverage requirements;
(4) Hotel and multi -family development standards; (5) Hurricane Mitigation and
Reconstruction Plan; (6) Facility Fees Ordinance; and (6) Capital Improvements
Plan.
' Organization of the Plan
The plan begins with a review and analysis of population and development
' trends in the Town, and the implications of this growth, e . g. , increasing service
demands, impacts on environmental systems, etc. (Chapter 2) . Chapter 3 examines
the different dimensions of growth which can be modified to effect local goals, and
the alternative approaches to growth management which might be used to accomplish
this. This chapter also provides specific examples of how the impacts of growth can
be altered through growth management intervention.
' Chapters 4 through 17 provide specific discussions of particular substantive
policy areas of relevance in Nags Head. These chapters discuss subjects such as
water quality, shoreline management and protection, housing, traffic and
t transportation, hurricane and coastal storm hazard mitigation, sewer and water
service, economic development and others. Each of these chapters is structured in
the same way, beginning with a discussion of problems and issues, the delineation
of a community goal, and finally the preparation of a fairly detailed set of land use
' policies to advance the goal.
Chapter 17 ("Special Development Issues") outlines two emerging issues, the
' need for a comprehensive plan and the need to develop a unique set of regulations
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1 and guidelines directed toward preserving the natural features of Nags Head —those
that make Nags Head, Nags Head.
' Chapter 18 offers a brief review of progress the Town has made to* date
regarding implementation of the 1985 Land Use Plan policies.
' Chapter 19 ( "Policies and Implementation Methods") analyzes the policies
identified in chapters 4 through 16 for their ability to advance a number of
community goals simultaneously. From this analysis, a list of more specific
implementation activities is prepared. Finally, Chapter 20 discusses the Town's land
classification system.
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Chapter 2.
Assessing Growth and Development Pressures in Nags Head
Introduction.
Nags Head is growing and changing, and the primary purpose of this plan is to
manage and guide these forces so that important values are protected and goals
advanced. This chapter establishes the baseline assumptions concerning future
growth and provides an initial starting point for identifying local growth -related
problem areas, the magnitude of these problems, and the urgency with which they
need to be addressed. The theme of this chapter is that the forces of growth and
change are being seen in Nags Head as they have never been seen before, and that
these forces will have implications for everything from water quality to hurricane
evacuation.
This chapter begins by looking at statistics concerning the growth of the
permanent population of the Town. It goes on to analyze the availability of land for
future development, current development and building trends, and projects peak
levels of development and population growth under total permissible buildout.
Permanent Population.
Because Nags Head was incorporated in 1961, census data is only available for
1970 and 1980, and preliminary census data for 1990. In 1970 there were only 414
permanent residents in the Town ( See Table 2-1) . By 1980 this population had more
than doubled, and in the years between 1980 and July 1, 1985, the permanent
population is estimated to have grown an additional 44 percent. Estimates of
permanent population for Nags Head from 1990 to the year 2010 are summarized in
Table 2-2.
Some general conclusions can be drawn from the age class differences between
' the 1970 and 1980 census data. In 1970, approximately 43 percent of the population
was 45 years old or older, however, in 1980, 53 percent of the population was 45
years old or older. While the 1990 census data is not available, the 1990 Land Use
t Survey indicated that 56 percent of the resident respondents were 50 years old or
older.
Future projections of Nags Heads permanent population can be made under
' different assumptions, using projections for Dare County made by the State. Table
2-2 presents these projections under alternative assumptions. Scenario I provides
projections of the Nags Head using the same proportion of the Town residents to the
County population that it constituted in 1990 (8.08 percent) . It represents the most
conservative projection. Scenario II calculates population growth at 60 percent of
the observed population between 1980 and 1990. Scenario III assumes a growth rate
of 80 percent, the growth rate observed between 1980 and 1990. Under the three
scenarios, the Town will contain between 2,600 and 3,300 permanent residents by the
year 2000, and between 3,300 and 4,700 residents by the year 2010.
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1500
1000
500
01
1970
197S 1980 1985* 1990 1995
PERMANENT POPULATION
DARE COUNTY AND TOWN OF NAGS HEAD
Dare County % Inc Nags Head % Inc
1960
5,935
1970
6,995 15% 414
1980
13,377 91% 1,020 146%
19901
22,746 70% 1,838 80%
Source: U. S. Census data, unless noted.
* Source: N. C. Office of State Budget and Management.
1 Preliminary U . S . Census.
Miscellaneous population data:
November 1990: 187 students from Nags Head enrolled in Dare County Schools .
November 1990 election: 1,115 registered voters in Nags Head.

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I. 1990 County population - 22,746. The N. C. Office of State Budget and
Management has projected population growth for Dare County from 1990 to 2000
to be a 41.6 percent increase, and from 2000 to 2010, a 29.6 percent increase.
Dare % Nags Head Nags Head
' County Residents
1990 Actual Population 22, 746 8.08% 1,838
' 2000 Projection 32, 208 8.08% 2,602
2010 Projection 41,471 8.08% 3,372
II. The second scenario assumes that growth for the next 10 years will be at
60 percent instead of the 80 percent observed between 1980 and 1990. Recent
forecasts indicate that development will rebound at levels less than encountered
' in the 1980s. Population estimates between the year 2000 and 2010 will reflect
conditions near build -out of the Town and populations estimates from 2000 to
2010 are projected at 40 percent of the growth rate observed between 1980 to
' 1990.
YEAR NAGS HEAD INCREASE/YR
POPULATION
' 1990 1,838 110
1995 2,389 110
' 2000 2,940 74
2005 3,307 74
' 2010 3,675
III. The third scenario for growth between 1990 and 2000, and 2000 and 2010 uses
' the growth rate observed between 1980 to 1990 (80%) and based upon the 1990
census figure of 1,838.
' YEAR NAGS HEAD INCREASE/YR
POPULATION
1990 1,838 147
' 1995 2,573 147
2000 3,308 147
' 2005 4,043 147
2010 4.778
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YEAR
I
SCENARIO
II
III
1995 2,220
2,389
2,573
2000 2,602
2,940
3,308
2005 2,987
3,307
4,043
2010 3,372
3,675
4,778
I. Based upon N. C. Office of Budget and Management projects for Dare County
with Nags Head comprising 8.08 percent of the county's growth.
II . Assumes that growth will be 60 percent instead of 80 percent (observed
between 1980 and 1990) between 1990 and 2000, and 40 percent between
2000 and 2010, based upon 1990 data.
III. Based upon the observed growth rate between 1980 and 1990 (80
percent).
Permanent population does not, however, capture the real growth pressures to be
' placed on the Town of Nags Head. Rather, Nags Head is a resort community, which
experiences dramatic increases in seasonal population during the summer months.
The problems of growth with which the Town must wrestle in the future are
generated by this component of the population, and the residential and commercial
development produced to accommodate it. These premises are better elucidated with
other data discussed below.
' Age Distribution.
When comparing preliminary US Census data on age distribution from 1980 and
' 1990, several changes should be noted (Table 2-3) . The largest percentage of
increase is in the ages 30-59. In 1980, 38 percent of the population was in this age
group; while in 1990, 46.6 percent was represented by this age group. Another
' notable increase was in the number of persons over 85 years of age. In 1980, there
were 4 individuals (0.39 percent) over 85, whereas in 1990, there were 47 indivuals
(2.7 percent) over 85 years old.
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20
18
16
14
12
10
8
s
4
2
0
Percentage
0-9 10-16 16-21 22-24 25-29 30-34 36-44 45-54 55-69 60-04 65-74 75-84 86+
Ages
Source: 1980 U S Census and Preliminary 1990 U S Census. (June 10, 1991 Data.)
Land Availability and Potential Development.
The Town of Nags Head contains approximately 4,600 acres. There existed in
April 1991, approximately 4, 216 dwelling units in the Town, with the vast majority
in low -density residential uses. Of these total dwelling units, some 3,459 are
currently served by on -site septic systems and 757 units served by packaged
treatment plants. Nags Head contains a number of platted lots which have not yet
been developed. Specifically, there are 1,953 undeveloped platted lots, of which
most are suitable for development and connection to a conventional on -site septic
system.
As shown in Table 2-4, there are 469 acres in the Town of Nags Head which are
unplatted, undeveloped, privately owned and subject to development. This acreage
does not include Jockey's Ridge State Park. The Village at Nags Head contains 411
acres and is zoned SPD-C, and has an approved Master Plan allowing 1, 200 dwelling
units and 800 motel rooms. To date, 241 dwelling units have been built in The
Village leaving a balance of 959 potential dwelling units.
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DISTRICT PLATTED/ UNPLATTED POTENTIAL
UNDEVELOPED ACREAGE LOTS
LOTS
R-1 116
R-2 876
21.50
60
R-3 86
77.57
169
CR 69
40.41
117
C-2 546
20.00
58
C-3 152
C-4 5
SPD-20 117
SED-80
310.00
168
SPD-C 123
8483
TOTAL LOTS 1,9534
469.48
1,420
1 Potential lots under today's standards.
2 Can not be developed residentially.
3 The Village at Nags Head Master Plan allows 1, 200 total single family and multi-
family DUs .
4 Of this, 1,938 can be developed residentially.
' In summary, the total amount of residential development in Nags Head on currently
platted lots, assuming no redevelopment at higher than existing densities, is 7,728
dwelling units, including development on the approved Master Plan for The Village
' at Nags Head. Of these 7,728 potential dwelling units, there are 4,216 existing
dwelling units and an additional 3,512 dwelling units could be built on the remaining
land left for development.
' Building and Development Trends.
Due to development on lots which were platted in accordance with earlier Zoning
Ordinances, the density of actual construction that has occurred in Nags Head since
April 1980 has been higher than the density permitted by the current Zoning
Ordinance. The typical minimum residential lot size has gradually increased from
I 7,500 square feet in 1962, to either 15, 000 or 20, 000 square feet today. Much of the
current development is located on these smaller lots.
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During the period from 1975 through 1984, there were 1, 334 residential and motel
units built in Nags Head (See Table 2-5) . From 1985 through 1990, there were
approximately 1,004 residential and motel units built. The development over the past
five years has consumed approximately 50 acres per year ( See Table 2-6) . With
approximately 1,100 acres of undeveloped privately -owned land subject to
development, and assuming a continuation of the recent development rate (50 acres
per year) , Nags Head will reach full buildout in approximately 22 years.
YEAR
SINGLE FAMILY
DUPLEX
MULTI -FAMILY
HOTEL
TOTAL
1975
38
0
0
0
38
1976
79
2
12
3
96
1977
124
2
18
6
150
1978
127
0
7
0
134
1979
108
0
0
0
108
1980
103
10
30
2
145
1981
85
12
0
12
109
1982
68
22
43
10
143
1983
113
28
18
59
218
1984
143
6
15
29
193
1985
117
16
41
0
174
1986
112
4
41
100
257
1987
120
2
12
0
134
1988
171
8
0
0
179
1989
147
10
18
0
175
1990
73
12
0
0
85
AVERAGE
108
8
16
14
146
11

1000
Boo
600
400
200
0
M/P
Hotel/CC
Commercial
Pub/Gaut*
SP/Duplez
July 1985
42
94
189
450
616
Increase
13
13
56
32
171
April1991
55
107
245
482
787
® July 1985 ® April 1991
+Cherch, utility, 94wt, Joeloey's Ridge
Commercial development in the Town has increased substantially in the last five
years. Table 2-7 lists the most recent commercial projects and the square footage.
The existing land use map (inside back cover) shows the location of the Town's
present development. Nearly all of the commercial development is located along
South Croatan Highway (US 158) and most of the multi -family and motel development
is on the oceanfront. While the following tables describe the rate of growth, the
existing land use map depicts the mixture of land uses throughout most of the Town.
12

YEAR GOVT RESTAURANT RETAIL/ RECREATION OFFICE OTHER'
WHOLESALE ENTERTAIN-
MENT
SQ FT # SQ FT # SQ FT # SQ FT # SQ FT # SQ FT #
1975
0
0
0
0
13,600
1
0
0
384
1
3,796
1
1976
0
0
4,290
2
11,987
3
4,440
1
504
1
0
0
1977
0
0
224
1
39,038
10
0
0
108
1
2,500
1
1978
0
0
3,000
1
14,994
8
5,160
2
0
0
0
0
1979
0
0
0
0
13,670
6
0
0
7,380
2
0
0
1980
0
0
4,589
2
19,281
3
0
0
0
0
9,390
2
1981
0
0
20,964
7
5,580
2
20,428
2
7,360
3
37,960
1
1982
980
2
1,240
2
168,883
8
3,196
1
2,964
1
0
0
1983
0
0
3,458
2
69,616
4
0
0
1,020
2
1,705
3
1984
0
0
19,346
4
5,347
2
30,116
3
880
1
0
0
1985
1,992
1
7,464
3
9,350
4
0
0
25,248
4
11,372
2
1986
9,600
1
100
1
21,370
4
770
3
7,890
3
19,296
3
1987
0
0
0
0
17,530
7
18,264
2
13,838
4
4,043
1
1988
13,275
1
6,288
3
14,614
5
0
0
2,800
1
2,472
3
1989
0
0
4,528
1
103,944
4
0
0
4,291
1
0
0
1990
0
0
0
0
6,285
2
700
2
0
0
0
0
TOTAL
25,847
5
75,491
29
535,089
73
83,074
16
74,667
25
92,534
17
16-YR
1,615
0
4,718
2
33,443
5
5,192
1
4,667
2
5,783
1
AVG
1 Other includes church, religious complex, utility facility, medical clinic.
13

7
C
D
Thousands
60
50
40
30
20
10
i ► ►
{
► j j % % % / j j 1 11 % 1 / � %
1
75
76 77 78
79 80
81 82 83 84 85 86 87 88 89 90
-
Restaurant
®
Retail/Wholesale 8 Recreation
®
service
®
Office
Square Pootige (ballt or remodeled)
Since 1974, the Town has experienced considerable commercial development (see
Table 2-8) . Five major shopping centers have been built (Surfside Plaza, 24,600
square feet; Nags Head Station, 18,000 square feet; Satterfield Landing, 44,700
square feet; Outer Banks Mall, 138,600 square feet; and Soundings Factory Outlets,
84,000 square feet).
In the future, local seasonal economy will determine to some extent the number of
new commercial establishments in Nags Head. As the year-round residential
population increases, the need for additional services and office space also will
increase. The commercial character of the Town has changed over the last ten years
from a community with no large shopping centers, few restaurants and little office
space to a community which can provide many of the amenities found in larger beach
communities.
14
ri,

Seasonal Population.
Making certain assumptions about the number of individuals residing in each
dwelling unit and hotel/motel room in the Town allows us to estimate the potential
seasonal peak population. Table 2-9 presents the methodology and calculations for
this procedure, and indicates that under existing development, peak daily summer
' population can exceed 25,000 people.
The estimated number of residents and visitors during the peak period, e.g.,
when hotel/motel rooms are at full occupancy, is in stark contrast to the 1, 800 or so
permanent residents residing in the Town. It is clear that it is this peak or maximum
population which must be considered for planning purposes . In addition, the
number of visitors during the spring and fall months has increased substantially in
' the last few years.
n
I I
IF
# DUs
Intensity/DU
Peak Population
Single family/Duplex
2,599
8 people/DU
20,792
Multi-family/Cottage Court
341
6 people/DU
2,046
Hotel
1,276
3.5 people/DU
4,466
TOTAL
4,216
27,304
PROJECTED PEAK VISITOR AND RESIDENT POPULATION AT BUILDOUT
UNDER CURRENT CONDITIONS
# Dwelling Intensity Peak
Units Population at
Buildout
Single family/
5,448 8 people/DU
43,584
Duplex
Multi -family/
383 6 people/DU
2,298
Cottage Court
Hotel
1,897 3.5 people/DU
6,640
TOTAL AT BUILDOUT
7.728
52.522
Source: Nags Head Planning and Development Department
* Does not include day visitors from nearby areas.
In addition to the population estimates, existing development includes over 5, 000
restaurant seats, nearly 760,000 square feet of retail structures, over 380,000
square feet of service establishments along with offices and warehousing.
15

1
P
0
Projecting the Impacts and Implications of Future Growth.
As Nags Head continues to grow and develop, the size of its peak population will
grow as well. The previous analysis of land availability, permissible development
and building trends permits us to estimate the extent of future peak population and
in turn demands placed upon the natural and man-made environment. Table 2-9
presents the likely peak population that would result from the maximum buildout,
with the current composition of land uses.
DISTRICT
UNDEV
UNDEV M/F
SF
DUPLEX HOTEL
TOTAL
AND
ACRES
UNITS
POTENTIAL
LOTS
R-1
176
4.24
176
176
R-2
1,045
352
937
142
1,079
R-3
203
54.7
172
26
198
CR
69
38 35
40
4 193
272
C-21
604
163 7
95
8 172
282
C-4
5
5
5
SPD-20
117
117
117
SED-80
168
168
168
Totals 2,387 612 42 1,710 180 365 2,297
1 Twenty-two percent of development in the C-2 Zoning District is residential (36
acres) . Commercial development is expected to account for 127 acres out of a total
of 163 remaining, undeveloped acres.
SPD-C - THE VILLAGE AT NAGS HEAD
UNDEV UNDEV M/F
SF
DUPLEX HOTEL
TOTAL
AND ACRES
UNITS
POTENTIAL
LOTS
959
959
256
256
Totals
959
256
1,215
Totals 42
2,669
180 621
3,512
Based on 1990 Land Use Composition
Assumptions: One single family house (or duplex) per lot, zoning at today's
standards, no lot recombinations.
16

3 Upon review of all residential and commercial development and the allocation of
t water consumption units from 1985 to 1990, approximately 77 percent of all
development pays water impact fees and represents additional water consumption.
The remaining development is either redevelopment or there are existing WCUs
credited for the site, i.e., old First Colony Inn site was credited with 29 WCUs.
1 17
1

' These types of projections say little about the capacity of the Town, and its
natural and man-made environments, to accommodate growth demands. For instance,
to estimate that local water consumption will increase by 50 percent at some point in
' the future does not address the question of whether this demand can be satisfied
under the existing water supply and distribution system. More specific information
concerning the "carrying capacity" of local environmental and man-made systems to
' accommodate growth demands is contained in the chapters which follow in this plan.
These chapters also identify local goals and policies which assist in determining when
and to what extent growth demands can be satisfied, and at what economic, social,
' and environmental costs.
F
d
18

' Chapter 3. .
Managing Growth in Nags Head
In the previous chapter we described the population and development growth
' trends that the Town of Nags Head is currently experiencing and expect to
experience in the future. Along with this growth are numerous impacts and
implications, from the increasing demands placed upon public services and facilities
' to the negative effects on the quality of the natural environment. Yet, Nags Head
is not powerless in the face of these effects. Rather, through carefully guiding and
managing of future growth the Town can minimize negative effects and maximize the
benefits and opportunities growth presents.
As a preliminary step in developing the Land Use Plan, the Town mailed
surveys to all property owners in Nags Head asking their opinions of certain land
' use issues. When asked how they felt about growth in the Town during the last five
years, 25 percent felt growth was "just about right," 38 percent felt growth was "a
little too fast," and 35 percent felt that growth was "much too fast." (The full
results of the survey are contained in a report entitled "Citizens' Survey on Growth
1 and Development," Edward D. Stone & Associates, January 31, 1991.)
Characteristics of Growth.
' Efforts to manage future growth can focus on one or more of the characteristics
of this growth. At least five dimensions of growth can be identified and can be
' modified through public policy to achieve certain local goals: type, quality, density,
location and rate. Each of these dimensions is briefly described below. In reviewing
each of the following five dimensions of growth the reader should keep in mind that
North Carolina is not a home -rule state. Counties and municipalities can only
' develop and adopt ordinances and regulations in which authority to do so has been
delegated to the counties and municipalities by the General Assembly.
' 1. Type. Type of growth or development usually refers to the use to which
land and space is allocated. Typical growth types include commercial and industrial,
recreational, single family residential, multi -family, and so on. A growth
' management program, as part of a comprehensive plan, may control the type of new
growth occurring in the community, for instance, to preserve the community's
residential character, to minimize incompatible uses and to avoid the negative effects
of certain land use activities, e.g., noise, traffic, pollution.
' Through tradition Nags Head has become a community dominated by single
family structures. The Town can exercise control over the mix of land uses
' developing in the community through the Zoning Ordinance and Zoning Map.
2. Quality. The quality of growth usually refers to the construction and
design of the development occurring in the jurisdiction. A community may wish, for
' example, to pursue building code amendments to ensure that the quality of
construction is such that structures will withstand certain physical forces, such as
hurricane force winds. Quality may extend, as well, to the aesthetic characteristics
' of the Town, and the community may regulate features such as an historic district,
which if established would preserve the visual and architectural integrity of the
1
19

community. The amount of open space required around a building or along the
oceanfront or soundfront may be considered a question of quality.
' 3. Density. An important dimension of growth is the intensity or density with
which it occurs over the entire community and on particular sites. A community may
wish to control the density of development to protect natural resources such as
' ground water quality and estuarine areas. Controlling the density of development
has implications for the generation of traffic, the consumption of water and demand
for other public services and facilities, and the scenic and aesthetic quality of the
' community. The density at which a town develops has a profound impact on the
community's character. Nags Head is characterized as a low density community.
4. Location. Certain uses and densities are appropriate in certain locations,
' while others are not. Consequently, a key dimension of growth which management
programs are designed to influence is its location. For instance, while a community.
may decide that some high intensity uses are acceptable for a particular location,
' placing them next door to residential neighborhoods may not be. To preserve the
integrity of the beach and dune system in a locality or to reduce the amount of the
Town at -risk in a hurricane, it may be necessary to locate development —and
' particularly higher density development —away from the oceanfront. While the Town
is primarily residential, there is a scattering of commercial development which is
being surrounded by residential development, thus conflicts may arise between these
two types of land uses.
5. Rate. Depending upon the economic and other pressures experienced by
communities, unmanaged growth may progress at a slow or fast pace. When growth
' demands are strong, and the resulting pace of growth is quick, the problems created
by this growth may exceed the community's short term capacity to deal with it.
Public services and capital facilities become strained, with cost-efficient expansion
requiring additional time. Natural systems become taxed, with little opportunity for
' local officials to adequately assess these impacts and take appropriate mitigating
actions. Consequently, a growth management program .may attempt to better deal
with these problems by moderating and controlling the permissible rate or pace of
' growth in the community. The Water Allocation Ordinance, adopted in 1985 and
repealed in January 1990, is a good, local example of controlling the rate of
development in Nags Head.
Types of Growth Management Techniques.
A number of specific growth management programs and policies can be employed
' to modify the above characteristics of growth to achieve community goals. Six types
or categories of growth management programs are briefly mentioned here: (1) plans,
(2) development regulation, (3) capital facilities policy, (4) land and property
' acquisition, (5) taxation, fiscal and other incentives, and (6) information
dissemination. The reader will note that each of these types is represented in the
policies and implementing proposals contained in the subsequent chapters of this
plan.
1. Plans. The Nags Head Land Use Plan at its most general level falls into this
category. Plans represent the preparation of guiding frameworks for making future
' decisions. Less comprehensive plans can serve to guide and implement a larger
plan. In subsequent chapters, for instance, the capital improvements program, and
' 20
j

post -hurricane reconstruction plan, are discussed as approaches to addressing and
implementing the goals set forth in this plan.
In addition to the 1985 Land Use Plan, which this plan updates, there exists in
Nags Head a Surface Water Drainage Plan. It identifies drainage basins, corridors
and depicts problem areas. The drainage plan is used in reviewing proposed
development plans. As good as these plans are, they must be updated to address
changing situations and regulations. In comprehensively planning for the future,
many existing plans and new plans need to be drawn together to formulate a unified
plan of development, i.e., a comprehensive plan.
2. Development regulations. The tools and techniques included in this
category are those which seek to manage growth by directly regulating it. Included
here are traditional regulating devices such as zoning and subdivision ordinances,
as well as more innovative programs such as the use of performance standards and
bonus and incentive zoning. The Village at Nags Head Development Plan is another
local example of an innovative regulation. This plan is designed to facilitate single
family and cluster housing, shared common areas, and other techniques to enhance
the quality of development. The Area of Environmental Concern (AEC) program
under CAMA is an example of a shared state -local regulatory growth management
program through the issuance of major and minor CAMA permits.
3. Capital facilities policy. Many of the goals of managing growth can be
' accomplished through decisions concerning the expenditure of public monies. For
instance, a locality may be able to redirect growth away from a particularly sensitive
environmental zone, by locating critical public services such as sewer and water in
other less sensitive locations. As a further example, a locality may decide not to
construct a public road to an undeveloped part of town to prevent the future growth
pressures that such an investment would create. Nags Head, in conjunction with the
' Town of Kill Devil Hills and Dare County, expended funds to increase the water
treatment capacity of the regional water system. The impact of this decision was to
ensure that adequate supplies of water would be available to meet future growth
needs.
1
4. Land and property acquisition. In many cases the most effective way in
which a locality can advance its growth management objective is through the public
acquisition of land and property. The community may wish to preserve a pristine
natural area, subject to intense development, through public acquisition.
Acquisition is typically used to secure lands for recreational and other public uses.
Acquisition may also be applied to structures and development properties, for
instance when a locality intervenes to purchase an architecturally significant
building threatened by existing patterns of development. Nags Head has acquired
land for public beach access facilities, open space along the Causeway, and maintains
ownership of 318 acres in Nags Head Woods, most of which is a maritime forest or
watershed preserve.
5. Taxation, fiscal, and other incentives. Growth can also be directed and
managed through taxation and other fiscal incentives. This category includes
mechanisms designed to influence private development in a more indirect fashion.
For tax purposes, while not applicable in Nags Head, land used for agricultural,
horticultural, or forest purposes, if it meets certain qualifications, may be taxed on
the basis of its "use value" even though it may have a greater market or "true
21

' value." Should the Town establish an historic district and commission, the use of
historic property for preservation purposes will be considered by the tax assessor
' in appraising the property for tax purposes. While not under control of the Town,
the federal flood insurance program provides an example of financial incentive. For
example, homeowners who voluntarily exceed the minimum FEMA elevation
requirement for structures can get reduced insurance premiums. While the Town is
' not using fiscal incentives to guide growth, which the State and County have done,
it may deserve consideration to implement an open space plan.
' 6. Information dissemination. Classical economic theory suggests that
consumers will make more informed decisions about development and the use of land
if they are given more complete information. Programs in this category, then,
' involve efforts to convey to consumers and the public certain crucial information.
For instance, a community may attempt to discourage future development in high
storm hazard areas by increasing public awareness of the hazard associated with
high hazard areas. As a further example, a community may attempt to bring about
' more environmentally sensitive building practices or the need to preserve natural
topography and vegetation by distributing information and data concerning the
environmental degradation normally incurred by the community.
' In 1984, the Town of Nags Head produced several reports that disseminate
information about development. The "Carrying Capacity Report" analyzes the
Town's capacity to absorb growth in terms of hurricane evacuation, water, sewage
treatment and land availability. The "Hurricane Hazard Mitigation and Post -Storm
Reconstruction Report" addresses the threats of severe storms and hurricanes and
depicts high hazard areas. The results of a public opinion survey are cataloged in
a report entitled "1990 Land Use Survey." This document conveys the attitudes and
preferences of Nags Head's permanent and seasonal residents. A final document,
"Storm Drainage Design Manual," explains to developers ways of managing
' stormwater runoff.
Modifying the Characteristics of Growth in Nags Head.
The above discussion indicates that communities are not powerless against the
pressures of growth. Rather, as we have suggested, there are both a number of
different dimensions to growth which can be modified or managed, and numerous
t growth management programs available for doing this. In this section we will briefly
illustrate how Nags Head can modify growth trends, and the implications of doing so.
' To illustrate how the Town can control the impacts of growth, we will return to
the estimates of population and development under the future total buildout scenario,
described in Chapter 2. We will compare the projected results of modifying one or
more dimensions of growth with the future total buildout under current circumstanc-
es.
22

I�
Unplatted
Current
Density
Scenario I
Scenario II
Lot Size
# DU
Lot Size
# DU
Lot Size
# DU
R-1
27.50
20,000
60
25,000
48
30,000
40
R-2
77.57
20,000
169
25,000
135
30,000
112
R-3
40.41
15,000
117
20,000
88
25,000
70
CR
0
SPD-20
0
'
C-2
20.00
15,000
58
20,000
44
25,000
35
SED-80
310.00
80,000
168
120,000
117
140,000
96
'
572
427
353
-25%
-38%
'
-145 lots
-219 lots
The consequences of modifying the existing land use configuration in favor of
' increasing lot sizes for single family residential would have mixed results depending
upon the goals established as important by the Town. Both scenarios would decrease
somewhat the peak population in the Town and would result in some reductions in
' water consumption, solid waste disposal demand, and the amount of impervious
surfaces in the Town.
D
L
0
23
I�

IChapter 4.
' Shoreline Management and Protection
A. Strategies for Addressing Erosion
B . Public Access to the Shoreline
C . Public Use of the Shorelines
' Problem Statement.
The Town of Nags Head depends heavily on its proximity to the water. It is the
' Town's ocean and sound shorelines which bring people to the community and which
provide the basic recreational and aesthetic amenities fundamental to Nags Head's
existence. As growth continues in the Town, the pressures placed upon the use and
development of these shorelines will increase dramatically. The Town believes it
' must take an active role in managing and protecting these shoreline resources. The
Coastal Area Management Act (CAMA) has established Areas of Environmental
Concern (AEC's) for ocean and estuarine areas.
' Ocean Hazard AEC. The majority of ocean hazard AEC is within either a CR or
R-2 Zoning District. The CR Zoning District extends 6.6 miles along the shoreline,
' whereas the residential district extends 4.9 miles. Commercial uses within the
Commercial -Residential District are limited to restaurants, piers, hotels, multi-
family, and private beach access areas. The policy issue here is are these uses
appropriate; if not, should they be changed. This is the area along the oceanfront
' and is comprised of (1) ocean erodible areas (beaches) , extends from the mean low
water line landward 60 times the long-term erosion rate, plus 25 feet; and (2) high
hazard flood areas which represents land that is subject to flooding, wave action,
' and high velocity water currents. This area is identified as the 'IV" zone on the
Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps.
' Problems arise when the public fails to understand or acknowledge that barrier
islands are dynamic and ever -changing environments. Barrier islands have been
shown to migrate (Kaufman and Pilkey, 1977), and are subject to a complex and
numerous set of natural forces, e.g., washover processes, littoral drift, inlet
formation, dune and beach dynamics, and are further modified by storms and
hurricanes. Coastal erosion, both as a result of normal offshore littoral patterns,
the occurrence of hurricanes and storms, and the general sea level rise which has
' been occurring (Titus, 1985) , make development along the shores of barrier islands
particularly tenuous.
In other localities, problems have arisen by allowing the construction of
' immovable buildings along the ocean shore, necessitating the expenditure of public
funds to protect these structures when natural forces threatened them. Several
methods have been used to stabilize the ocean beach. Primary among them are: (1)
' sand moving programs, e.g., beach nourishment, sand pushing; (2) sand -trapping
structures, e.g., groins, jetties; and (3) shoreline protection works, e.g.,
bulkheads, seawalls, revetments.
' Beach nourishment programs involve efforts to push or place sand onto the
beach in an attempt to build back former dunes and upper beach. Because most
' 24

1
' beach renourishment programs involve only the upper reaches of the beach, they
increase its slope, and can actually in some cases increase the rate of erosion.
' Moreover, beach nourishment projects are typically very expensive and the results
temporary and require continual renourishment. A single northeaster may eliminate
much of the sand deposited under a nourishment program. Beach nourishment
' programs, however, represent efforts to preserve oceanfront property without
damaging neighboring property or destroying the public's use of the beach.
Groins and jetties are structures built perpendicular to the shoreline. Jetties
' are often very long and intended to keep sand from filling in inlets and shipping
channels. Groins are smaller and attempt to trap sand flowing in the littoral
current. Such structures are expensive, unsightly and cause extensive erosion
' problems down -current, as they rob these beach areas of the natural sand
replenishment they would normally receive.
' Shoreline protection works, such as seawalls and revetments, are built parallel
to the coastline and are designed to shield directly shoreline property from the ocean
forces. The City of Galveston, Texas, for instance, has constructed a 17-foot
seawall, which protects its urban area. Such structures, however, reflect wave
' action, and intensify currents which steepen the profile of the beach and damage the
property beyond the ends of the structure. [In the long run these structures serve
to destroy or seriously undermine the beach, require continual maintenance and
' investment, and are largely ineffective in protecting property from shoreline
processes without perpetual nourishment of the beach seaward of the hardened
shoreline, and the portion of the beach available to the public would soon erode
' away. ] Moreover, these structures are extremely costly to build. The Coastal
Resources Commission, recognizing the inappropriateness of shore -hardening
devices such as wooden bulkheads, seawalls, rock or rubble revetments, jetties,
groins and breakwaters, has prohibited their use on North Carolina ocean beaches.
' A more responsible approach is to acknowledge the natural processes and
dynamics of the shoreline and to manage growth accordingly. The location, density,
' and configuration of development can be modified to take into consideration these
valuable and important resources and to respect their natural processes. Results
from the 1990 Land Use Survey tend to support the position of retreat. When asked
about other policies, i.e., renourishment, reefs, etc, 39 percent of all respondents
' expressed support for pursuing new measures.
Estuarine AEC. This AEC is all shoreline within 75 feet landward of the mean
' high water (estuarine waters) . Estuarine shorelines are typically dry land and
important in the estuarine system because of their connection to estuarine waters.
Improper development along the estuarine shoreline can pollute or destroy adjacent
' waters and wetlands. Estuarine shorelines are also vulnerable to erosion and
flooding. There are two areas within the Town where commercial uses can abut
estuarine waters along portions of the Causeway and an area extending from the
Causeway north to The Village at Nags Head. The area around Lakeside Street,
although zoned C-2, has developed as residential. Several parcels on either side of
Windmill Point Restaurant and Pelican Isle, if developed improperly, could contribute
to degradation of the estuarine environment.
' Another set of regulations which control development along an estuarine
shoreline is the U . S . Army Corps of Engineers regulations governing development
25

in wetlands. There are generally two types of 404 wetlands defined by the Corps:
(1) those that are adjacent to estuarine waters, and (2) those which are "isolated"
from the estuarine system. Although controlled by the U. S. Army Corps of
Engineers, all development in the 404 wetlands must meet local zoning. Local zoning
could limit the intensity and types of uses allowed over 404 wetlands. As the
availability of land decreases, the Town could expect to see proposals for develop-
ment over wetlands. All such development would have to be on pilings and, while
costly now, this situation may become more cost effective as land becomes more
limited.
Other Shoreline Management Issues.
In the last five years new environmental and economic concerns have developed
relating to off -shore and outer -continental shelf (OCS) gas and oil exploration.
Often associated with off -shore gas and oil exploration are land based support
facilities such as electric generating plants, refineries, storage facilities, and
transmission pipelines.
With any energy -siting facility, either off -shore or on -shore, there are always
potential negative economic and environmental impacts. Off -shore impacts could
result from blow -outs and spills. Potential on -shore environmental impacts include
air pollution from generating or refining facilities, and groundwater and surface
water pollution resulting from large oil spills from storage tanks and transmission
lines.
The Town's Zoning Ordinance does not permit any of the above uses associated
' with gas and oil exploration and shore -based support facilities.
Goal.
' It shall be the goal of the Town to allow the natural processes of barrier island
migration to occur.
' Policies.
1. It is the policy of the Town that no person or legal entity shall be permitted
' to build a seawall, jetty, groin or other artificial device designed to stabilize the
ocean shoreline. The Town supports the current CAMA provisions which prohibit
the use of shore -hardening devices previously described.
2. The Town's current land use regulations, when combined with CAMA and
other state regulations, adequately protect the Town's ocean and sound shorelines
as well as the islands in the Roanoke Sound.
3. The Town opposes, and will not permit within the Town, any shoreline
management strategy that damages abutting property or endangers the public beach.
' 4. The Town believes that a stabilized, frontal dune system is important and
shall take all actions to preserve and enhance this system. This will include
regulating development to minimize its impacts of the frontal dune system.
26

L
17
7
5. The Town recognizes the benefits of groins or bulkheads being constructed
on the estuarine shoreline for the purpose of stabilizing the estuarine shoreline.
6. The Town places a very high priority on the provision of public access to
and public use of the ocean and sound shorelines.
7. It is the policy of Nags Head to protect its shoreline resources, and to
interfere as little as possible with the natural processes and dynamics at work in
these areas.
8. It is the policy of the Town that movement of beach sand out of the ocean
hazard AEC shall be prohibited.
9. The Town does not support off -shore energy exploration activities and will
not permit land based energy facilities such as pipelines, storage, and electric
generating facilities in Nags Head.
10. As prescribed by CAMA, sand -pushing, the movement of sand on a
particular site as a means of beach nourishment, and the use of sand bags as a
temporary measure to protect a threatened structure shall be permitted until the
structure can be removed from the site. These activities shall not interfere with
access to and use of the beach by the public.
11. The Town will only support those uses on 404 wetlands which are either
water -dependent or those uses which enhance the estuarine shoreline experiences,
such as restaurants and wildlife observation areas.
12. It shall be a policy of the Town to explore all issues involved in a town -
wide or regional renourishment project and the Town shall support and seek the
necessary studies to determine the feasibility of any beach renourishment project.
13 . It shall be a policy of the Town that the relocation of threatened structures
off the oceanfront is the preferred response to buildings threatened by erosion.
27

H
Chapter 5.
' Hurricane and Coastal Storm Hazard Mitigation
A. Mitigation of Storm Hazards Prior to the Storm
B . Reconstruction after a Severe Storm
Problem Statement.
Hurricanes and severe coastal storms represent serious threats to life and property
on the North Carolina coast. North Carolina is second only to Florida among Atlantic
' coast states in the number of hurricanes striking the mainland. Between 1890 and
the present, North Carolina experienced 24 hurricanes, or an average of approxi-
mately one hurricane every four years (Neumann et al., 1978.) . In addition to
hurricanes, Nags Head is subject to tropical storms and northeasters, such as the
' devastating Ash Wednesday storm of 1962. Hurricanes and coastal storms create
severe conditions of high winds, flooding and wave action.
' Collective response to hurricanes and severe storms can be conceptualized in
terms of four primary phases: (1) pre -storm mitigation, (2) warning and
preparedness, (3) response, and (4) recovery and reconstruction. This chapter of
the plan deals with the first and last of these stages, and divides the discussion and
' policy statements accordingly. Issues of hurricane preparedness and evacuation
regarding traffic and transportation in Nags Head are discussed in Chapter 6.
' Vulnerability to hurricane and storm hazards can be assessed first by analyzing
the nature and location of physical hazards, and then by estimating the extent to
which people and property are exposed to these forces. These assessments are
' provided below in brief fashion. A more extensive analysis is provided in the Town's
1984 Hurricane Hazard Mitigation and Post -Storm Reconstruction Plan.
Location of Storm Hazard Areas.
There are two approaches to delineating areas that are vulnerable to coastal
storms. One uses proximity to the ocean; the other uses topography or elevation of
' the land above mean sea level. Because both have validity, both are explored.
Map 5-1 depicts the high hazard areas of the Town which includes flood zones,
the 300-foot setback area from the ocean and incipient inlets. Map 5-1 also delineates
' the ocean hazard Area of Environmental Concern (AEC) . Not shown on Map 5-1 is
a 75-foot estuarine shoreline AEC. This map and the collection of data presented
below are based upon the flood zones as designated at the time this plan was
prepared (Flood Insurance Rate Map [FIRM] #375356, dated February 19, 1986) .
HAZARD AREA MAP.
300-foot Zone.
Hurricane experts (see Brower et al., 1984) have argued that experience shows
' that the most extensive damages from hurricanes occur within 300 feet of the ocean.
While this is more a "rule of thumb" than a scientifically -established hazard zone, it
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nonetheless represents a useful guide for measuring extent of property at risk and
appropriate mitigation measures. In Nags Head, South Virginia Dare Trail (NC 12)
' in most places is just west of the 300-foot zone.
Flood Zones (National Flood Insurance Program) .1
V-Zone/Special Flood Hazard Area. This zone delineates areas of the Town
which will be subject to substantial wave action during a 100-year storm (technically,
areas of the coast which could be subjected to waves three feet high) . The V-Zone
t constitutes a stretch of oceanfront from the southern to the northern borders of the
Town.
' A-Zone/100-year Flood/Special Flood Hazard Area. This zone delineates those
areas in the community which have an annual probability of one percent of being
flooded, i.e., areas which will be inundated by the 100-year flood. In Nags Head,
these zones are located over much of the jurisdiction. Specifically, these areas
include most of the land south of Jockey's Ridge (south of Soundside Road),
including Cedar and Pond islands. In addition, in the northern sector of the Town,
much of the land between South Croatan Highway (US 158) and South Virginia Dare
' Trail (NC 12) is in the A -Zone, as well as the largely undeveloped Nags Head Woods.
C-Zone/Areas of Minimal Flooding. These are areas where flooding is unlikely
' but are included in the analysis to complete the picture of the Town. These are
areas of relatively high elevation and extend from Jockey's Ridge north and west of
South Croatan Highway (US 158) , to the Town's northern boundary (excluding the
estuarine area to the west) . Also, the C-Zone constitutes aline located along most
' of the ocean frontal dunes and most of this area lies within the 300-foot zone.
Whalebone Junction/Incipient Inlet.
In any major storm or hurricane, the formation of new inlets is a possibility.
While the prediction of inlet formation and their precise location is highly uncertain,
particular physical features can be used to identify likely sites ( Lynch, 1983) . In
' an analysis of potential inlets on the North Carolina coast, the Whalebone Junction
area was identified based on several factors: maximum elevation, island width, canal
dimensions, and rate of erosion. Width and elevation of a barrier island appear to
' be the most important factors.
The potential Nags Head inlet identified by Lynch is a canal which enters the
' island near Whalebone Junction. Lynch calls this site "extremely hazardous," based
on a composite of several of the crucial primary and secondary factors. Drawing a
straight line across the island from this canal and placing a 425-foot erodible area
(estimated width of area subject to erosion) on each side of this line yields the
Whalebone Junction incipient inlet hazard zone.
Although not identified by Lynch, local experience (see Brower, Collins, and
' Beatley, 1984) indicates that there are two other areas that should be considered.
' 1 All flood zones are based upon Flood Insurance Rate Maps (FIRM) #375356,
dated February 19, 1986.
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' Nags Head Cove/Incipient Inlet.
A second potential inlet has been identified in the Nags Head Cove area. Here
finger canals have been excavated from the sound side approximately 1,000 feet
perpendicular to the shoreline. This means that storm waters from the sound would
have a clear funnel traversing the island more than halfway to the ocean. This
' represents a serious inlet threat, and unfortunately is located in the center of a
large subdivision. Extending the path of the longest canal to the Atlantic Ocean,
and placing a 325-foot erodible area (estimated width of area subject to erosion) on
' each side of this line, yields an identifiable hazard zone. This is a crude delinea-
tion, as is the case with the other incipient inlets, and is meant only to provide
decision makers with a general idea of the geographical area of concern.
I
Soundside Road/Incipient Inlet.
A third potential inlet can be identified in the Soundside Road area just south
of Jockey's Ridge State Park. This area has been identified because of its relatively
frequent flooding. Extending the path of this road, and placing 100-foot erodible
area (estimated width of area subject to erosion) on each side yields an identifiable,
albeit crude, hazard zone. This same area was the site of extreme flooding and
damage alongside Soundside Road (Jigsaw Road) in 1962.
Magnitude of Risk.
Hurricane and storm forces would not be a problem for man if people and
property were not exposed to them. In developing the Nags Head hurricane
mitigation plan in 1988, an extensive estimation of the property -at -risk in each of the
hazard zones identified above was conducted. Within the 300-foot zone, it was found
that some $53 million (assessed valuation in 1984 dollars) in buildings are at -risk.
Single family residences and hotel/motel uses comprised the largest category. Single
family and duplex houses accounted for 76 percent of structures at -risk. For
further details, see Brower et al., 1984.
In the 1984 study, 40 percent of the Town's assessed value of real property was
within 300 feet of the ocean. While development trends have slightly changed since
1984, and based upon the 1990 assessment property valuation for the Town of
$633,739,060, 40 percent, or $253,495,000 is within 300 feet of the ocean.
In 1988 the Town adopted a Comprehensive Hurricane and Storm Mitigation and
Reconstruction Plan. Elements of this plan include a Reconstruction Task Force
composed of 13 individuals, provisions for various moratoria, an ordinance
establishing general use standards for ocean hazard areas, and a variety of other
ordinance provisions related to reconstruction. Full description of this plan can be
found in the Town Code of Ordinances (Chapter 16) and the Town's Zoning
Ordinance (Article XVI) . In addition, the Town has adopted several policies which
address reconstruction of damaged roads and property acquisition after a hurricane
or storm.
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Goal.
It is the goal of Nags Head to reduce, to the extent possible, future damage
' from hurricanes and severe coastal storms. It is the Town's intent to reduce these
hazards both in advance of such events and to require mitigation measures during
reconstruction which reduce damages from future storms.
' Policies.
PRE -STORM MITIGATION.
1. The Town of Nags Head has adopted a capital improvements program which
will encourage growth away from the highest storm hazard areas and minimize the
' extent of public investment at -risk. This will include the siting, where feasible, of
public facilities such as water distribution lines, in less hazardous locations in the
community.
2. The Town recognizes that natural features of the barrier island, such as
dunes and wetlands, act to mitigate the damaging effects of hurricanes. It is the
Town's policy to protect and enhance these natural mitigation features.
3. The Town of Nags Head will, wherever possible, increase the amount of
permanent open space available for recreation and other public purposes by taking
' opportunities to purchase land, or appropriate interests in land, in high hazard
areas.
' 4. The Town of Nags Head will identify and track all non -local (federal, state,
regional) policies, programs, and decisions which will influence the local mitigation
of hurricane hazards, and attempt to affect these in ways which reduce the hazard
locally.
' 5. It is the policy of the Town to support the National Flood Insurance Program
(NFIP), and the construction and mitigation measures required under it. The Town
actively supports and is working with FEMA's Community Rating System (CRS)
Program to prevent storm and flooding damages from occurring in the first place,
rather than simply reacting after the damages have occurred.
' 6. The Town opposes the construction of finger canals and will take all
necessary actions to prohibit them.
' POST -STORM RECONSTRUCTION.
1. All reconstruction will be required to conform to the provisions of the North
' Carolina State Building Code. The Town of Nags Head will strictly enforce the code
as well as continue to lobby the State for more storm -resistant provisions.
2. Damaged public facilities, including water lines, will be rebuilt consistent
' with the practices, adopted policies, regulations, and objectives of the Town.
3. The Town will take advantage of opportunities which may arise to purchase
land in hazard areas following a storm.
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' 4. The Town, when considering reconstruction, will seek to encourage
redevelopment patterns which recognize and utilize the natural mitigative features
of the coastal environment. Redevelopment should take into consideration any
' changes in natural conditions brought about by the storm, e. g. , new inlets, changes
in drainage patterns.
' 5. The Town of Nags Head will integrate recovery and reconstruction planning
with the broader set of planning goals and objectives for the community. The Town
recognizes that a hurricane may provide a unique opportunity to modify existing
development patterns and to accomplish Town objectives that would otherwise not be
' possible.
6. It shall be a policy of the Town that redevelopment will occur at the
' intensity permitted in that Zoning District at the time of redevelopment and the Town
will oppose any attempts to increase intensities.
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' Chapter 6.
Traffic and Transportation
' A. Hurricane Evacuation
B . Traffic Congestion
Problem
1 m Statement.
' As the permanent and seasonal populations of Nags Head expand, and the
commercial areas which serve them increase in size, traffic on Nags Head streets will
become an increasingly important concern. In addition to local traffic, as the Dare
' beach communities grow, Nags Head will receive substantial amounts of through -
traffic. Two specific traffic problems can be identified: the capacity of the Town's
road and bridge system to accommodate evacuation in the event of a hurricane or a
' severe coastal storm, and the ability of South Croatan Highway (US 158) and US
64/264, and to a lesser extent South Virginia Dare Trail (NC 12), to move traffic
efficiently and safely from the Whalebone Junction area to either the Kitty Hawk area
or Roanoke Island.
Coordinated evacuation planning efforts between municipalities, counties, and
state and federal officials will facilitate an evacuation process. The Town is a
' participant in the Dare County Hurricane Evacuation Plan. The decision to evacuate
is made by a control group comprised of members of each municipality and the
county. The control group utilizes a "decision arc" method to determine when an
' evacuation is needed. The decision arc method is a hurricane planning tool which
will determine the evacuation "clearance time." Evacuation clearance time is the time
required to clear the roadways of all evacuating vehicles prior to the arrival of
sustained 34-knot winds. Clearance time needed for evacuation is based on: (1) the
' hurricane category; (2) the expected evacuee response rate; (3) the tourist
occupancy rate; (4) the evacuation routes available; and (5) the estimated time
required along the routes.
' Compounding evacuation problems, and creating congestion and traffic demands
generally, are development patterns along South Croatan Highway (US 158) .
Although the Department of Transportation has widened South Croatan Highway (US
158) to four lanes, its ability to accommodate traffic in an expeditious manner is
threatened by the existence of strip commercial development, and numerous and
frequent access points and traffic lights. These problems emerged in the results
' from the 1990 land use survey. A majority of respondents (90 percent) believed that
access to South Croatan Highway (US 158) should be limited.
' Respondents were also asked about the need for bikeways and sidewalks.
Opinion was somewhat consistent on this issue, with 74 percent indicating a need for
bikeways and sidewalks and 64 percent willing to pay higher taxes to finance such
improvements.
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Goal.
It is the goal of Nags Head to seek the provisions for a street and bridge system
' which provides for the easy and safe movement for residents, and which permits
quick evacuation of all residents and visitors of Nags Head in the event of a
hurricane or severe coastal storm.
' Policies.
' 1. It is the policy of the Town to evaluate all future development proposals for
their potential impact on traffic congestion, and to manage this development so as to
minimize its impacts on the local street system. More specifically, the Town
encourages development to install exits onto side streets rather than South Croatan
' Highway (US 158) .
2. It is the Town's policy to participate with Emergency Management personnel
' and the Dare County Control Group to evacuate the area and to discourage residents
or visitors from remaining on the Outer Banks in the event of a hurricane.
3. The Town recognizes the need to continue developing a detailed street and
' drainage improvement plan. Such a plan should identify and prioritize road drainage
improvements designed to alleviate congestion and potential flooding caused by
increasing development and growth in the Town.
' 4. The Town recognizes that evacuation planning is a regional problem and it
will work with other affected jurisdictions and to lobby the North Carolina
' Department of Transportation for improvements, not only along South Croatan
Highway (US 158), South Virginia Dare Trail (NC 12), and US 64/264, but also
improvement to and from the mainland to provide for maximum efficiency in hurricane
evacuation of the Outer Banks.
5. The Town will continue to work with the North Carolina Department of
Transportation in the completion of a "Major Thoroughfare Plan."
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' Chapter 7.
7
Water Quality
A. Septic Tank Density
B . Stormwater Runoff
Problem Statement.
The Town borders two large bodies of water, Roanoke Sound to the west and
the Atlantic Ocean on the east. The Roanoke Sound is a large, relatively shallow
body of low salinity water. The sources of water for the Sound are primarily from
inland rivers and wetlands. Some limited exchange of ocean saline water occurs at
the inlets, primarily Oregon Inlet, Hatteras Inlet, and Ocracoke Inlet. The water
quality of the Sound can be degraded depending upon the types and quantities of
pollutants. Freshwater runoff in itself can be considered a pollutant in that the
runoff may change the salinity of the Sound. Any pollutants, i.e., oils, heavy
metals, pesticides, etc. , carried by this runoff can further affect the water quality
of the Sound.
There are generally two categories of sources of pollution — "point" source and
"non -point" source. Point source pollution is that pollution where there is a
documented source, such as a pipe or ditch which empties into the Sound. With non -
point sources of pollution the actual source can not be verified, such as a pollutant
that travels through the soils or ground water to the Sound. Septic systems, when
not properly sited or maintained, have often been suspected as being a source of
non -point pollution.
A septic tank is basically a detention tank in which some of the solids settle out
of the wastewater and undergo anaerobic digestion in the tank. The wastewater
moves by gravity out of the tank to a system of tiles or pipes in subsurface
trenches, the drainfield, where treatment by bacteria in the soil is followed by
absorption of the wastewater into the soil.
A properly functioning system relies upon the soil to absorb and adequately
treat all wastewater generated from a site. All soils, however, are not suitable for
septic tanks as they may not allow wastewater to drain through the soil or they may
allow wastewater to pass to the ground water too quickly —hence without adequate
treatment.
The advantages of disposal by septic systems are the uses of natural aeration
and filtration to treat wastewater. They are close to the source of the wastewater,
and are cost-effective. The disadvantages and limitations of the use of septic
systems are that if they are not properly maintained, are used incorrectly, or placed
too close to the Sound it may lead to degradation of water quality in Roanoke Sound.
' Currently, 3,459 dwelling units, or 82 percent of the existing dwelling units
in the Town of Nags Head, are using septic tanks. The potential contamination of
water is a function of several factors, including soil suitability, depth to the water
' table, and proximity to surface waters. Soils on the Outer Banks are generally
unsuitable for septic systems. Under Soil Conservation Service (SCS) criteria most
35

' soil in Nags Head is either classified as having severe or very severe limitations to
septic tank use. State soil evaluations differ substantially from the SCS criteria,
and generally indicate that soils are not as unsuitable for septic tank usage. This
' discrepancy results from the fact that State regulations do not address soil
permeability as a factor in soil suitability for septic tank use. State regulations allow
on -site wastewater disposal in extremely porous soil where depth to water table is
' greater than 12 inches.
State regulations govern the installation, location and use of septic tanks. (15
NCAC 2H, Section .0300 et seq. and Section .0400 et seq.; and 10 NCAC 10A,
Section .900 et seq.) These State regulations which govern the density of
development utilizing septic tank systems are as follows: lots platted prior to July
1, 1977, may use on -site systems on parcels as small as 5,000 square feet, which
' produces a density equivalent to approximately 8.7 units per acre; lots platted
between July 1, 1977 and July 1, 1982, must be a minimum of 7,500 square feet, a
density equivalent of 5.8 units per acre; lots platted after July 1, 1982, must be a
' minimum of 15,000 square feet, or a density equivalent of 2.9 units per acre.
Current regulations require a repair and replacement area of equal size to the septic
system utilized, and a 50 percent increase in the absorption area requirements if
beds instead of trenches are used.
In Nags Head there are approximately 3,800 septic systems located on 1,350
acres of developed land. This yields an average density on developed acreage of 2.8
' systems per acre.
Additional pollution from septic tanks can be reduced by requiring tertiary
' treatment through package plants, or through a public sewage treatment system.
These alternatives could indirectly necessitate higher densities of development and
are inconsistent with the desires of Nags Head to develop at relatively low densities.
Many residents may wish to see the benefits of a public sewer system but are
' unwilling to accept the higher development densities, and costs that could accompany
it.
' . In addition to sewage, runoff from development will also damage the quality of
estuarine waters. Stormwater runoff causes problems mainly because storm events
produce large volumes of water in a short period of time. With an increase in
impervious surfaces, this volume of runoff increases. When stormwater runoff
' occurs, sediments, topsoil, pesticides, nutrients, bacteria and toxic metals can
enter the estuarine environment. This sudden slug of stormwater can alter the
salinity and can adversely effect marine organisms.
' When development containing a large proportion of its area in impervious
surfaces, e.g., parking lot pavement, roadways, is in close proximity to the
shoreline, runoff into estuarine waters is exacerbated. As the Town approaches
build -out, the quantity of stormwater runoff will increase and if not retained or
detained this increase in impervious surfaces could have an impact on estuarine
water quality.
' Stormwater runoff in all likelihood will become one of the major environmental
concerns for the next ten years. The Town's current drainage plan which was
' prepared in 1980, is in need of updating. Stormwater runoff generally only becomes
' 36

7
1. a public concern when streets and lots flood or when state or federal agencies
address the effects on the runoff into estuarine or ocean waters.
' The Town, through its Zoning Ordinance and to some degree through its
drainage control plans, regulates the extent of runoff allowed. NCDOT has informed
the Town that they may not be able to accept any more stormwater runoff into their
' drainage systems.
Certain types of development (automobile service stations) are required to
retain runoff from impervious surfaces. While the Water Allocation Ordinance was
' in effect, many developments retained stormwater on -site to gain "extra points" in
the competition for water.
' Goal.
It is the goal of the Town to take all appropriate actions to protect the quality
' of estuarine and ground water resources. These actions of protecting water quality
must be consistent with the Town's desire to keep future growth at relatively low
densities.
Policies.
1. The Town considers vital the protection of the groundwater and estuarine
' waters and the Town will consider the adoption of ordinances and land use planning
that protects these waters.
' 2. The Town will work toward requiring tertiary treatment of sewage for
moderate and high density development occurring in the Town.
3. The Town recognizes that freshwater and stormwater runoff can pollute the
' estuarine waters and opposes the unrestrained runoff of water into the Sound.
4. The Town will encourage future development to locate as far away from
' estuarine areas as is practical.
5. The Town will consider requiring larger lot sizes and the recombination of
non -conforming lots in areas which are less suitable for conventional septic tank use,
' and where reliance on conventional septic tank use is likely.
6. With approval from the Dare County Department of Environmental Health,
' the Town will consider innovative on -site alternatives to conventional septic
systems, such as mound systems, low-pressure pipe systems, evapotranspiration
beds, duplex drainfields, aerobic systems, land application, holding tanks, and low -
flush toilets, in areas where soils are less suitable for conventional systems. These
alternative systems may improve treatment of effluent in areas where septic tanks
are permitted but where soil conditions or proximity to surface waters suggest that
treatment by a conventional septic tank will be inadequate.
7. Due to the limited amount of estuarine waters which may be subject to
designation as an Outstanding Resource Waters (ORW) , the Town will not pursue at
this time the designation of any estuarine waters as ORW's, however, the Town fully
supports the Environmental Management Commission's ORW standards.
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' 8 . The Town will develop a comprehensive long-term stormwater and drainage
plan.
9. The Town will investigate innovative methods of management of stormwater
runoff commensurate with future growth, including methods of stormwater
containment such as greenways .
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Chapter 8.
Water and Sewer Service
A. Expansion of the Town's Water System
B . Provision of a Public Sewer System
Problem Statement.
The central issue with respect to water supply is what level of development will
require capital improvements in the water supply, processing, and in the distribu-
tion system. Each component in the water supply system represents a fixed and
finite capacity which must be increased as demand approaches its capacity.
Increased capacity in this case is a matter of increased capital expenditure, as well
as finding an available source of water which is or can be made potable.
WATER SUPPLY AND DISTRIBUTION.
Water Supply.
Nags Head, Kill Devil Hills, and Dare County have established a Regional Water
System. Each entity is entitled to a set amount of water from the total system
capacity. Three sources of water are used to supply the regional system: the
aquifer under Roanoke Island, Fresh Pond, and the reverse osmosis (RO) plant.
The Town's allotment from the regional water system is 3.3 million gallons per
day (MGD) or 2,300 gallons per minute (GPM) . Currently, it is estimated that 2.2
MGD has been committed to existing development, leaving 1.1 MGD for future
development. Based upon growth observed between 1985 to 1990, there may be
enough water for the next 20 years (Table 8-1.) .
The reverse osmosis plant which was completed in 1990 is currently capable of
producing 3 MGD. Nags Head's share is currently 1 MGD, and can be increased by
another 1 MGD with the purchase of a new RO module (one million dollars) .
A water demand analysis report in 1985 estimated the peak daily, summer
demand on the Nags Head water system. Analysis of actual billing data produced the
following peak daily estimates: dwelling units, 400 GPD; motel unit, 213 GPD;
restaurant seat, 35 GPD; retail space, 15 GPD per 100 square feet of gross retail
space; office space, 7.5 GPD per 100 square feet of gross office space.
The peal: single day pumpage by the Nags Head water plant was 1.59 million
gallons on the July 4th week -end of 1983. The water demand from development
constructed from July 4, 1983, was added to the 1.59 million gallon figure to estimate
a peak demand of 1.9 MGD in August 1985. Using water allocation data from August
1985, the peak demand is now calculated to be 2.2 MGD.
Table 8-1 and Table 8-2 project the peak day demand on the Nags Head water
system to be 3.32 million gallons at buildout. If the Town was allowed to reach full
buildout with the existing composition of land uses, peak water consumption is
projected to be 3.32 MGD.
39
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DUs WCUs MGD
' Existing DUs 4,216 5,500 2.20
Total potential buildout 3,512 2,465 .99
Commercial 330 .13
Total potential DUs at 7,728
full buildout
' TOTALS 8,295 3.32
Total water use at full buildout 3,320,000 GPD
' or 3.32 MGD
(See also Table 2-10 and Table 2-11. )
Water Distribution System.
The current capacity of the pumps which provide water for Nags Head is 2,800
gallons per minute. During peak periods in the summer months, Nags Head
consumes 1,800 gallons per minute of this capacity. This results in 1,000 gallons per
minute excess capacity for use by future development. At current average use per
' dwelling unit, an additional 3,600 dwelling units can be added to the system before
additional pumping capacity is necessary. (See Table 8-3. )
' An additional concern with pumping capacity is the speed with which storage
tanks serving the Town can be refilled. As the Town's consumption approaches its
pumping capacity, less excess capacity is available to refill these tanks and the rate
of refill therefore is slower. In the last five years the Town has increased its
storage capacity by 500,000 gallons with the completion of the South Nags Head
elevated tank. .
Storage tank capacity in Nags Head is currently 1,800,000 gallons (800, 000
elevated storage, 1,000,000 ground storage) . This 1,800,000 gallon storage capacity
could serve Nags Head water consumption from storage alone for approximately 16.6
hours at peak consumption. In the event of a power failure, the Town's elevated
storage tanks could serve the Town for only 7.4 hours at peak usage. It should be
noted, however, that peak consumption occurs infrequently for relatively short
periods of time. If the tanks were empty, over 13 hours would be required to refill
' them while serving regular demand, using the excess 1,000 gallons per minute of
pumping capacity currently available. As more water users are added to the system,
this excess capacity diminishes, and the refill period becomes longer.
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WCUs
Water available August 1985
RO Plant - 1990 (1 MGD)
Total
WATER ALLOCATED FR
AUGUST 1985_TO DECK
1,000
2,500
3,500
Outside The Village at Nags Head 541
The Village at Nags Head 222
Balance 2,737
Balance of The Village at Nags Head Allocation 778
WCUs AVAILABLE FOR DEVELOPMENT 1.959
Based upon a five-year average of 138 WCUs/year, it would take 20 years to
allocate 2,737 WCUs (based on growth in the past five years).
Town allotment from regional water system is 3.3 MGD or 2300 GPM (Skyco, 2.0
MGD; Fresh Pond, .3 MGD; and RO plant, 1.0 MGD) .
NOTE: These figures do not include pre -October 1983 houses and businesses
which are currently on well systems and not utilizing the Town system.
The capacity of the water distribution mains which serve individual neighbor-
hoods in Nags Head is a critical threshold to the growth in these neighborhoods.
When the size of a water main is inadequate for the volume of water demanded by it
users, pressure loss results. This leads to user dissatisfaction and potential safety
concerns. Relating the size of such mains in newly developed areas to the potential
total demand on the main is crucial to the future capacity of the main to provide
water to all potential users.
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Sustainable pumping capacity 2,800 GPM
(non -emergency) or 3.3 MGD
Nags Head peak use 1,800 GPM
Maximum peak usel 3, 000 GPM
(emergency)
Dwelling units 4,216 DUs
Total additional DUs possible without 3,600 DUs
adding pumping capacity
STORAGE TANK CAPACITY
Ground storage
Elevated storage
1,000,000 GAL
800,000 GAL
Total storage capacity 1,800,000 GAL
Hours available on total storage ser- 16.6 hours
vice alone
(without power failure)
Hours available on storage service 7.4 hours
from elevated tanks
(with power failure)
Hours required to fill all tanks 13.3 hours
from empty
(while serving at peak usage)
l Sea Pointe Fire, August 1990
Currently, a 12-inch trunk line carries water through the Town along South
Virginia Dare Trail (NC 12) and portions of South Croatan Highway (US 158) . This
12-inch line feeds a distribution network of 10-inch, 8-inch and 6-inch water lines,
with much of the Town served by the 6-inch lines. The number of dwelling units
which can be connected to the 6-inch line is limited. As more units tap onto this
system, velocity of the water in the mains must increase to provide the same level of
service. In South Nags Head, this situation was remedied with the completion of a
new 12-inch line and elevated tank.
The Nags Head system currently operates at 58 to 62 p.s.i. The losses of
pressure due to friction over distance can be severe, as was the case in South Nags
Head. The primary service, an eight -inch main, in South Nags Head was a dead-end
line, which made it difficult to keep flow and pressure high enough. In the past five
years, the Town has eliminated most dead-end lines and is working to loop water
lines where possible to adequately address water flow and pressure. A new 12-inch
42
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' line may be needed along portions of South Croatan Highway (US 158) to parallel the
12-line along South Virginia Dare Trail (NC 12) . If pressure falls low enough, the
ability to fight fires using hydrants along the water line becomes inadequate, leading
' to safety concerns.
Goal.
' It is the general goal of Nags Head to provide for sufficient levels of potable
water to accommodate future growth, through the most economical and efficient
means. It is the specific goal of the Town to pace the growth of water demand with
' the Town's capacity to provide adequate and economical water service.
Policies.
' 1. The Town will investigate innovative water conservation techniques and
technology for use in new development and existing structures.
' 2. Private, on -site wells are encouraged for use in landscaping and other non -
drinking uses.
3. The Town's current land use regulations, when combined with CAMA's
regulations and other State regulations, adequately protect Fresh Pond, however,
the Town will closely monitor any new use proposed for the C-3 and the SED-80
districts to ensure continued protection of Fresh Pond.
4. The Town recognizes the benefits of an expanded regional system as a
means of providing additional sources of water. The Town will investigate expansion
opportunities has the need arises.
SEWAGE DISPOSAL.
' Problem Statement.
As population and development continue to grow in Nags Head, the need for
increased sewage disposal capacity will increase as well. Currently, the predominant
method of sewage treatment in Nags Head is the use of septic tanks. Several
package treatment plants have been built to accommodate the needs of high density
' development in the Town. The environmental implications of heavy reliance on septic
tanks are identified in Chapter 7 on water quality and will not be repeated here.
Despite these problems it is likely that the Town will continue to rely on this means
of treatment, along with package plants for higher density uses. Based on several
EPA studies (see references) , the Town presently does not view the installation of
a public sewage system as either economically sound or consistent with desired levels
' of density.
Goal.
' It is the goal of Nags Head to provide for the most economical means of sewage
treatment and disposal, commensurate with the pace of growth and consistent with
desired levels of density in the Town.
' 43
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Policies.
1. The Town believes that a municipal sewer system is not affordable in Nags
Head. Further, the Town opposes a public sewer system in order to avoid the
pressure for high density development that is expected to follow the installation.
It is believed that the high density made possible by public sewer systems would only
' exacerbate the problems of limited capacity in other areas, i.e., hurricane
evacuation, water supply.
2. At this time the Town is also opposed to the concept of a regional sewer
' system, and believes that such a system would be too costly, and would generate
more negative consequences than it would mitigate.
' 3. The Town encourages the use of tertiary package treatment plants where
possible to minimize the negative impacts of septic tanks on the natural environment
(see Water Quality, Chapter 7) .
' 4. The Town will not assume the operation of any failing package treatment
system and will exercise its limited authority to remedy the situation in the event of
a private failing package treatment system.
5. The Town shall be receptive to new and innovative methods of sewage
treatment. The Town shall support the use of alternative methods of sewage
' disposal, e.g., Alternate Treatment Units (ATU's), when the alternate methods are
properly sited and provide for a greater degree of environmental protection than
traditional systems.
S. The Town favors a strict as possible interpretation of State regulations
regarding sewage collection, treatment, and disposal.
' 7. The Town does not allow a treatment plant in Nags Head which would treat
sewage from any areas not within the boundaries of the Town.
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' Chapter 9.
P
Economic Development
A. Amount of Commercial Development
B . Type of Commercial Development
C. Impacts on Abutting Properties
Problem Statement.
As a seasonal resort community Nags Head's concerns for economic development
differ from those more traditional concerns of attracting new industry and providing
employment opportunities found in other localities. For Nags Head, the question is
how to best manage the commercial services needed to accommodate its increasing
seasonal population while at the same time providing adequate levels of amenities for
residents. In recent years the Town has witnessed a surge in the number of
commercial establishments locating in the Town. Table 2-7 depicts the local retail
developments, and their square footage, which have occurred within the last five
years. Commercial growth, however, is not without its costs. It creates traffic
congestion, aesthetic and visual clutter, crime, and may create serious conflicts with
surrounding residential uses, e . g. traffic and noise at late hours. The impacts on
neighboring property is very much a concern in Nags Head because of the mixture
of land uses, as shown on the Existing Land Use Map in Chapter 2.
Tourism is the major industry on the Outer Banks. According to a study made
by the North Carolina Division of Travel and Tourism and the Outer Banks Chamber
of Commerce (1990), over six million (6,628,881) people visited the Outer Banks in
1989. Total expenditures by these visitors were $ 708, 659,140. The most
frequently mentioned positive comments from this study were that the people were
friendly and the beaches were enjoyable. The negative comments centered around
the need for better roads and bridges, and the overdevelopment and commercializa-
tion of the area.
Consequently, Nags Head must confront directly the question of commercial
growth. What should be allowed and at what pace? What types of commercial
expansions are desirable? Should residential zoning districts be rezoned to allow
commercial uses to locate in new areas of Town? Some insights on this question can
be provided from the results of the 1990 land use survey. When asked about those
factors which are important in preserving the family beach atmosphere, 86 percent
of the respondents felt there should be limits on commercial development. In
support, some 92 percent of the respondents indicated that encouraging single family
development was important in preserving family beach atmosphere.
Imbedded in the tradition of Nags Head is the combination of commercial and
residential uses. Many of the early merchants lived above or behind their commercial
establishments. Several commercial properties continue this feature of the
community's character. An area called Gallery flow is attempting to revive the idea
of combined uses. Several artists have constructed galleries and studios in
combination with their residences. The Town set aside the area by designating a
new zoning district and adopting regulations that encourage a village -type setting
of residential and commercial properties. The residential/commercial development
45

' is an integral part of Nags Head's history and represents a part of the Town's
character.
While commercial fishing within Nags Head and our Extra -territorial Jurisdiction
(ETJ) waters does not represent a significant industry, efforts should be made to
ensure that opportunities remain for the activity to continue. For the last two
' hundred years, commercial fishing has been part of the culture of the area.
The challenge that faces the Town today is how to accommodate growth and still
' maintain a positive quality of life for both visitors and residents.
Financing Development.
' With the enactment of facilities fees in 1989, the Town is collecting fees to assist
with fire, police, administration, and solid waste collection for capital improvement
projects for development which generates additional needs for these projects. The
' Town has also established a Capital Improvements Program (CIP) which addresses
long-term capital needs. In addition, the Town has established an impact fee for
water in 1983. One-half of the water impact fees are placed in a capital reserve fund
' for expansion of the Nags Head distribution system and one-half is placed in capital
reserve to pay the Town's share of wholesale water supply expansion costs.
For new development and subdivisions, the developer is responsible for
' extending and providing water lines and roads to and within the site.
Goal.
' It is the goal of Nags Head to permit commercial and other uses which provide
residents and visitors with adequate services and amenities necessary for the Town
to maintain its self-sufficiency. The Town wishes to maintain its residential
' character and does not wish to expand its economic base in other areas.
Policies.
' 1. The Town will not increase the amount of land available for commercial uses
and the Town will consider working towards reducing the amount of land presently
' zoned for commercial uses.
2. Nags Head does not wish to become a regional commercial center and will
control accordingly the type, amount and location of commercial uses. For instance,
' commercial activities generally oriented to residents and visitors of Nags Head are
desirable but the Town does not wish to develop as a commercial district designed to
serve a regional market.
' 3. Nags Head will be cognizant of any negative effects of commercial
development and will take appropriate actions to minimize these effects, particularly
' where commercial uses locate near residential uses.
4. The Town shall not reduce and shall consider increasing the amount of land
zoned residential.
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5. The village setting (Gallery Row area) created by the combination of
residences and commercial establishments is a part of Nags Head's character. Future
development is encouraged to preserve this feature of the Town.
6. It shall be a policy of the Town to explore measures to require existing,
undeveloped, platted subdivisions to be developed to current Town standards,
whenever possible.
7. It shall be a policy of the Town to promote tourism in balance and harmony
with the family beach atmosphere.
8. The Town supports commercial fisheries as they currently exist, however
recognizing potential conflicts can develop between competing users of the same
resource. The Town will examine any conflicts that may arise and will work toward
their resolution.
9. It shall be a policy of the Town to provide basic infrastructure and
services, i. e. , police, fire protection, solid waste collection, and water service to
meet the needs of growth.
10. The Town encourages single family residential development while
recognizing the need for commercial uses which support the residents and visitors
of Nags Head.
11. It shall be a policy of the Town to utilize facility fees and the Capital
Improvements Program to keep pace with the capital costs associated with growth.
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' Chapter 10.
Problem Statement.
I
Housing
A. Mixture of Housing Types
B . Impacts on Abutting Properties
C . Quality of Structures
As the Town continues to grow, conflicts may arise concerning the compatibility
of different housing types. As a greater number of higher density, multi -family
housing units are constructed, their uses may conflict in various ways with more
traditional residential uses in the Town. Traffic, noise, litter, drainage, security
and other problems may be created which did not exist before. Conversely,
traditional single family uses may present multi -family residents with certain
nuisances or obstacles, for instance by impeding beach access. If a mix of housing
types is desired, the question of compatibility must be addressed.
Results from the 1990 Land Use Survey indicate that residents and property
owners in Nags Head very adamantly support the continuation of the Town as a low -
density residential community. In the 1990 Land Use Questionnaire respondents
were asked what factors they felt were important in preserving the family beach
atmosphere. Ninety-seven percent felt it was important to encourage low building
heights, and 92 percent felt it was important to encourage single family housing.
In addressing some of the potential concerns often associated with high density,
multi -family development, and their impacts on neighboring properties, the Town in
the last five years has developed a comprehensive multi -family development
ordinance. This ordinance requires, for example, extensive buffering, a fire lane
around the building, as well as limitations on impervious coverage and density.
Coupled with the Town's requirements that all multi -story, multi -family buildings be
' constructed primarily of non-combustible materials, multi -family development
provides enhanced levels of fire safety. In addition, these requirements have helped
to negate the potential adverse impacts of these uses.
' Goal.
It is the goal of the Town of Nags Head to continue to grow primarily as a low -
density, single family residential community, while also accommodating a limited mix
of other housing types. It is also the goal of Nags Head to require the construction
and maintenance of high -quality housing.
' Policies.
1. It is the Town's policy to encourage a mixture of land uses that consist
' predominantly of single family and duplex structures.
2. The Town encourages the clustering of compatible housing types, and
' where non -compatible types are to be located in close proximity (such as multi -family
' 48

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' development adjacent to single family houses), that structural and design measures
be employed to mitigate any undesirable impacts on neighboring properties.
' 3. The Town recognizes affordable housing as an important issue and supports
a regional approach in attempting to resolve the affordable housing dilemma.
49

' Chapter 11.
Visual and Aesthetic Resources
A. Visual Clutter
B . Open Space
C. Historic District
Problem Statement.
Traditionally, the Town of Nags Head has been considered a family beach, a
vacation spot where families can come and enjoy themselves without worrying about
traffic, congestion and noise. People have come to Nags Head for years in order to
get away from such problems of city life. A primary reason people are attracted to
Nags Head is the aesthetic and visual quality of the environment, including its
beaches and open space, and the relative low density of its development. Many of
these amenities and visual qualities, however, are changing and will continue to
change, at even more dramatic levels, as population and growth pressures increase.
As more development occurs, and as filling of vacant areas progresses, the visual
spaciousness of the Town will decline. The increase in commercial development, and
the signs, lights and other features which accompany such uses, may also lead to
deterioration of the aesthetic qualities of the Town.
The results from the 1990 Land Use Survey illustrate the importance of some of
these qualities. Respondents first and foremost desire, and were willing to pay for,
preservation or acquisition of open space. They want to maintain open spaces along
the ocean, the sound and in forested and vegetated areas and they are willing to pay
higher taxes to ensure the preservation of this family beach atmosphere. They are
in agreement that they would rather see less commercial use of the land in Nags
Head, and would like to see more single family housing.
The design and architecture of structures built in the Town will also influence
the aesthetics of the Town and should be viewed as a visual resources to be
guarded. As construction and development in the Town continue there is no
assurance that architectural styles and the built environment in general will be
pleasing to the eye. A particularly important question is whether future develop-
ment and growth will jeopardize existing historic and architecturally significant
structures in the Town. More specifically, a sizeable group of historic beach
cottages exists in the Town, built shortly after access from the mainland became
available. This area extends approximately . 9 of one mile, lying north of the Town
Hall, and includes some 60 houses. Twenty-seven of these houses are on the
National Historic Register as Nags Head Beach Cottage Row District. Most of the
homes are still in the ownership of the original families. The houses are of an easily
identifiable architectural style with wood siding, two stories on the main frame and
quarters extending like an "L" to South Virginia Dare Trail (NC 12) .
' Historic and architecturally significant buildings can be adversely affected,
both directly and indirectly, by a large number of activities. All construction
projects have the potential to require the demolition of important, though simple,
' structures on a site as well as to alter the use of nearby land thereby causing
secondary impacts to a building of historic or architectural importance. Most of
50
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' these historic structures are in the R-1 Zoning District and east of South Virginia
Dare Trail (NC 12) . On the west side of South Virginia Dare Trail (NC 12) is the
Town's C-2 General Commercial District. Zoning would permit a service station to
' be built opposite one of these historic homes. In addition, destruction of the old
structures and new construction is frequently unnecessary as existing buildings can
be renovated for adaptive reuses; often these are uses quite different from the use
' intended at the time of a building's construction. Rehabilitation is more energy
conservative and job intensive than new construction, and recycles elements of the
coastal historic character into everyday use.
' Nags Head must decide whether it should take affirmative actions to ensure the
preservation of these homes. Considerable, though far from unanimous, support for
the establishment of an historic district in this area was expressed in the 1984 Land
' Use Survey. In the 1990 survey, when asked if a citizens' task force should look
into the merits of historic preservation, 81 percent of the respondents agreed with
this statement.
Regarding cultural resources, the North Carolina Division of Archives and
History has identified several archaeological sites and archaeologically sensitive
areas in Nags Head. Most of these sites occur along the sound shoreline and most
' are included in the "Conservation" land use classification.
Goal.
' It is the goal of Nags Head to preserve to the greatest extent possible the
aesthetic and visual integrity of the Town, including the Town's natural and man-
made environment. The Town recognizes that it is these qualities in large part which
' account for the attractiveness of Nags Head as a place to live and vacation.
Policies.
' 1. The Town believes that the existence of open space and vegetative corridors
contributes to the feeling of spaciousness and the integrity of the visual environ-
ment, and it is the Town's policy to begin acquiring land now, and to establish and
maintain perpetual open space and vegetative corridors along South Croatan Highway
(US 158) .
' 2. The Town will encourage, through its development review procedures,
buildings and landscape designs which protect the existing visual integrity of the
community.
' 3. It is the policy of Nags Head to continue controlling the appearance of the
Town through sign, lighting and noise controls.
' 4. The Town will promote the creation of an historic district to preserve the
historic beachfront cottages, but will not establish such a district until a clear
majority of the affected property owners support it.
' 5. It shall be a policy of the Town not to burn historic structures and to
encourage the preservation of older buildings to help maintain community character.
51
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' 6. It shall be a policy of the Town not to encourage any high intensity
residential or commercial soundfront development which would have detrimental
impacts on the sound, including fisheries, nurseries, and habitat areas.
' 7. It shall be a policy of the Town to investigate procedures and sources of
funding, and to develop a long-range program, to place existing overhead power and
' utility lines underground.
8. It shall be a policy of the Town to notify immediately the appropriate State
officials when any archaeological sites are exposed and in threat of destruction.
9. The Town will continue its program of roadside litter cleanup.
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Chapter. 12.
Recreation and Open Space
' A. Open Space
B . Shoreline Access and Use
' C . Conventional Recreational Amenities
D. Jockey's Ridge State Park
Problem Statement.
The availability of recreational resources is a primary reason that Nags Head
' is an attractive place in which to live and vacation. As population and development
increase in the future, recreational opportunities will need to keep pace. Clearly a
key recreational resource is open space. Open space is also important for visual and
' aesthetic reasons and this is discussed in the previous chapter (11) . Here we are
concerned with open space which can be used for more active recreational purposes.
As noted in other chapters, the results of the 1990 Land Use Survey indicate the
extremely high importance of open space, particularly along the Town's shoreline.
' The preservation of open space along the ocean beaches was ranked by 75 percent
of the respondents as the most important of six options dealingwith preservation or
acquisition. Some 54 percent of the respondents ranked preservation of open space
' along the soundside shore and dunes as their second choice.
Obviously in a barrier island community such as Nags Head recreation and open
space are intimately tied to beach and shoreline access and use. Even though
considerable amounts of wet -beach areas may exist for public use, such areas will
not satisfy future recreational needs if additional space and sufficient public access
points are not provided. As future growth and development occurs the capacity and
' adequacy of the public beach and existing access points will likely be exceeded. The
1989 draft Recreation Survey results support the importance of access points. When
presented with a list of five important shoreline and recreational needs, the
' respondents ranked "Improve existing ocean access areas" first; followed by "Build
more ocean access areas"; followed by "Improve existing sound access areas"; then
"Build more sound access areas." The fifth choice was "Create a Town park."
' Although few studies have been made of this area, recreational fishing
opportunities bring a large number of visitors to this area year after year. The
Town has three ocean fishing piers, as well as numerous tackle and bait shops to
' meet the needs of recreational fishermen. In the Town's 1989 draft Recreation
Survey, respondents ranked fishing and crabbing piers as their fourth choice of 11
possible estuarine facilities.
' As the Town expands, its need for other more traditional recreational facilities
will expand as well. From the 1989 draft Recreational Survey, the following
recreational improvements were selected as important if the Town were to build a
' Town Park: jogging and walking trails, natural areas, picnic tables and shelters,
bike trails and tot lots /playgrounds .
' Jockey's Ridge State Park is a great recreational amenity in Nags Head. It
provides a vast amount of open space and rigorous terrain for hikers. The
' 53

' soundside of the park presents an excellent opportunity for a public estuarine
access. Because the park entrance is not well identified many people park their cars
in private parking lots across South Croatan Highway (US 158) . The Town should
' encourage better establishment of the park, especially in terms of identifying the
formal entrance and parking area. The Town shall also work toward providing
facilities on the soundside to meet current needs.
Goal.
It is the goal of Nags Head to provide sufficient types and adequate levels of
' both passive and active recreational opportunities for residents and visitors.
Policies.
' 1. It is Town policy to provide adequate recreational opportunities including
providing areas along the estuarine and ocean shoreline as well as access parking
' areas associated with these opportunities.
2. The Town recognizes the potential demand for access to the public trust
waters and will continue to provide or assist in the provision of such accesses at
every opportunity, including the purchasing of land to provide for these access
needs.
' 3. The Town supports efforts to enhance and facilitate pedestrian travel to
existing and future ocean beach and sound access points. This may include, for
instance, the installation of sidewalks in key areas.
' 4. The Town favors the creation of a Town Park providing active and passive
recreational uses once the demand has been well documented.
' 5. It is Town policy to provide passive and limited active recreational use of
the Town owned property within Nags Head Woods.
' 6. The Town favors better identification of the formal entrance to Jockey's
Ridge State Park.
7. The Town will continue to provide and promote strong support for
' recreational fisheries, including ocean and estuarine access site development, and
will permit driving on the beach during the appropriate times.
8. The Town will aggressively pursue and continue to explore all worthwhile
funding and grant opportunities for the development of ocean and estuarine
recreational access sites.
9. The Town shall, in cooperation with State Parks, annually review the
operation and maintenance of Jockey's Ridge State Park in order to resolve any
concerns that may arise.
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' Chapter 13.
Nags Head Woods
A. Features of Natural Area
B . Future Development
Problem Statement.
The Nags Head Woods is an irreplaceable, maritime forest occupying the
northwest portion of Nags Head. The Woods includes the Fresh Water Pond (water
supply), large stable marshlands, large vegetated (and a couple of unvegetated)
sand dunes, and a forest with ponds and wetlands. The Woods was the home of the
first settlers. Its ecological significance has been amply documented in terms of
endangered and threatened species. The Woods is one of a few remaining maritime
forests in North Carolina and consists of ecologically important marshlands, pine
hummocks, bay forest, the ridge, hardwood and pine forests, ponds and dunes.
Each part of the system is important to the whole, although the least adverse
environmental impacts would result from development in the bay and hardwood
forests away from the ponds. The Woods is also environmentally significant because
of its natural role in the integrity of the coastal region.
The existing land uses in the Woods are limited to a handful of residences and
one farm. The remainder is in its natural state. In the future, the Town can expect
to feel increasing pressure for development. Much of the Kill Devil Hills part of the
Woods is already platted for development. The current management system relied
' on to protect environmentally sensitive features, the water supply and man from
natural hazards is as follows. The marshes may be protected by the Coastal
Resources Commission through an AEC permit or by the Corps of Engineers.
' Regulations are designed to prevent fill which would be necessary for residential or
commercial development. Similarly AEC and zoning regulations restrict development
in the bay forest to building above flood elevation, etc. Development near the Fresh
' Water Pond which forms the public water source is also limited by the Zoning
Ordinance and AEC regulations which restrict septic systems to one per acre within
1, 200 feet of the edge of the Pond and prohibits their use within 500 feet of the edge
of the Pond.
In 1987 the Town revised its Zoning Ordinance and adopted a comprehensive set
of zoning regulations for the protection of Nags Head Woods. These regulations
' permit primarily single family housing and the ordinance contains regulations which
would ensure that when this area is developed, the function and character of the
maritime forest will be preserved.
' Nags Head Woods represents a significant, limited and irreplaceable area where
management is needed to protect the natural, cultural, recreational and scenic
features. The presence of the Woods in Nags Head makes the region a desirable
' placed in which to live, work and visit.
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Goal.
It is the goal of the Town to protect the natural integrity of Nags Head Woods
as a unique and important natural area.
Policies.
1. The unique features of the Woods call for diligent enforcement of SED-80
zoning regulations in Nags Head Woods.
2. It is Town policy that there shall be no commercial cutting of timber within
the Town. (See Economic Development chapter.)
3. It is Town policy that if privately owned portions of Nags Head Woods are
to be developed, they be developed at the lowest possible residential density.
4. The Town intends for the municipally owned property to be principally used
for passive and limited active recreational uses. Any other uses of the Town -owned
land, such as for Town buildings, will include the highest practical levels of
environmental sensitivity.
5. The Town has urged the nomination of Nags Head Woods as an Area of
Environmental Concern.
6. The Town recognizes the destructive nature caused by off -road driving of
vehicles and all -terrain vehicles in Nags Head Woods and the Town will enforce the
laws prohibiting off -road driving.
7. The Town will work with local, state, and national conservation and other
governmental agencies for acquisition of Nags Head Woods as the best method of
preservation.
8. The Town will work with the Nature Conservancy to provide access to
Town -owned property in Nags Head Woods.
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Chapter 14.
Police and Fire Protection
' A. Impact of Rapid Growth
Problem Statement.
As the Town of Nags Head grows so will its need for police and fire protection.
' Heightened development patterns creates new and different needs as well. Not only
must the Town Fire Department deal with the increased number of structures, but
also larger structures. The size and configuration of new commercial and residential
' structures in the Town may require additional fire fighting equipment. Presently
the Town's fire fighting capacity consists of nine paid employees, including the
Ocean Rescue supervisor, and the remainder, volunteers. Of the three fire station,
one fire station is currently manned on a -round-the-clock basis. Recent capital
projects in the Fire Department include a new ladder truck and the new manned fire
station. The Town must continually address plans to satisfy the future fire
protection needs created by growth through the Capital Improvements Program
' (CIP) , facility fees, as well as other sources of funding to satisfy the future fire
protection needs created by growth.
' The need for police protection in the Town can also be expected to increase with
growth. Presently the Police Department is a small one, usually with no more than
two or three patrolmen on duty at any one time. According to the Police Department,
' commercial areas tend to generate higher levels of crime and needed police services.
Consequently, the expansion of commercial uses indicates that the Town can expect
an increased need for police services in these areas. The emergence of multi family
uses creates new and different security problems from those which exist in a
community which is predominantly single family detached residential. With special
police needs aside, the simple increase in the number of residents and visitors in the
Town, and the increasing amount of development over which these services are
' spread, will require the Town to expand the level of police personnel and resources
In the future.
The rules regarding off -road driving and driving on the ocean beaches are
enforced by the Town's Police Department. The Town allows, by permit, the driving
of four-wheel drive vehicles on the ocean beaches from October 1st through April
30th. During the summer, only the police, emergency vehicles, and commercial
' fishermen (with permits) are allowed to drive on the beach. The Town also prohibits
driving on ocean dunes at all times. In addition, the Town prohibits the off -road
driving of motor vehicles and all -terrain vehicles within the Town.
An important issue is the effect that actual development or design has on fire
and police safety. The materials used in construction, the design and layout of
structures, e. g. , for fire truck access, and the fire protection components internal
' to development, e.g., sprinkler systems, all impact the level of protection in the
Town, and the need for expanded fire service. Similar observations apply to police
protection. Residential and commercial developments can be planned and designed
to achieve various levels of security and personal protection. For instance, the
provision of adequate lighting, the orienting of structures to provide defensible and
' 57

' containable spaces. As with fire protection, projects can also be designed to
facilitate conventional police protection, such as enhancing the ability of the police
to move from one neighborhood to the next, and requiring landscaping which does
not obstruct the view of police patrolmen.
To help meet the capital needs resulting from growth for both the Fire and
' Police Departments, the Town instituted facilities fees in 1989. These fees are now
required for new development to pay a proportional share of projected, new capital
needs. Both departments also plan for additional needs through the Capital
Improvements Program.
' Goal.
' It is the goal of Nags Head to provide adequate levels of police and fire
protection for existing and future residents and visitors, and to provide these
services in the most economical and timely manner.
Policies.
1. It is the policy of the Town to continually assess the police and fire
protection needs of the Town and to make personnel and resource expenditures
commensurate* with the needs created by future growth and development.
' 2. The Town encourages the use of non-combustible materials for the
construction of motels, multi -family and commercial projects.
3. The Town further encourages the use of sprinkler systems, stand -pipes,
and the provision for fire lanes as important fire prevention measures.
4. The Town favors an amendment to the State Uniform Building Code for the
purpose of better addressing coastal concerns of wind, flood, and fire.
5. The Town will enforce the laws for off -road driving, including all -terrain
' vehicles and ocean beach driving regulations.
58

' Chapter 15.
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Solid Waste
A. Impact of Rapid Growth
Problem Statement.
The Town utilizes County collection points for the disposal of solid waste . The
Town employs its own collection system which deposits garbage at a central county
transfer point on Roanoke Island. From there the County picks up the garbage and
disposes of it in a county -run landfill on the mainland. Given this interdependence
with the County it is difficult to precisely gauge future disposal capacity needs and
issues. The existing county landfill is expected to reach capacity within several
years. Future growth in the Town will unavoidably produce larger levels of solid
waste.
State legislation (the Solid Waste Management Act of 1989) passed in 1989, set
a State goal to reduce 25 percent of our solid waste being deposited in landfill sites
no later than January 1, 1993. Preferred State methods of waste reduction, in order
of preference, are: waste reduction at the source, recycling and reusing,
composting, incineration with energy production, incineration, and landfills.
Another portion of this legislation requires local governments to initiate recycling
programs by July 1, 1991. The act also will prohibit yard trash (January 1993) from
being deposited in landfills.
In the 1990 Land Use Plan Survey, 87 percent of the respondents agreed that
the Town should encourage a voluntary recycling program, whereas only 58 percent
agreed the Town should establish a mandatory recycling program.
In an effort to encourage recycling, the Town has established two recycling
stations, one at the Town Hall Complex and the other at the Public Works facility.
In addition, recycling containers have been placed at selective ocean beach access
sites . In a further attempt to encourage recycling, the Town has also provided
several restaurants with dumpsters for recycling glass containers.
With future growth, increased amounts of solid waste coupled with the
requirements of the Solid Waste Management Act of 1989 will create a need for
expanded collection personnel and specialized equipment, and perhaps the
development of additional disposal sites and/or disposal methods. The Town must
assume complete responsibility for addressing collection needs and work jointly on
the disposal objectives of the County and the Waste Management Act of 1989.
Goal.
It is the goal of Nags Head to provide for the adequate and economical collection
and disposal of solid waste.
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' Policies.
1. It is the policy of the Town to closely monitor the generation of solid waste
and to make necessary expenditures to increase its collection capacity commensurate
with future levels of growth and development.
2. The Town in its development review processes will encourage project
' designs which facilitate the collection of solid waste, e.g., clustering waste
containers, and which minimize any negative effects that might result from the
collection system, e. g. , visual buffers for waste containers, location of container
' sites to minimize impact of local traffic during collection, etc.
3. Due to the high water table, proximity to ocean and estuarine waters, and
poor soils, the Town will prohibit any landfill operations within the Town.
4. It is a policy of the Town to provide opportunities and facilities for
recycling materials which may include advance public awareness and appropriate
incentives to meet the State mandate.
P
pi
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�

' Chapter 16.
Public Participation and Intergovernmental Coordination
' A. Need for Public Participation and Coordination
B . Difficulties Encountered
IProblem Statement.
Crucial to any democratic process of land use planning is the continual and
ongoing public participation. Future growth has implications for this area as well,
as it may be increasingly difficult to accommodate this type of involvement. As the
' community grows, more intimate channels of communication are often made difficult.
At the same time growth and change in the community further increases the need for
such public involvement in several ways. First, the number and magnitude of the
land use and community problems in a high growth situation makes citizen input and
' involvement all the more important. Thus the problems confronted are more difficult
and more in need of the direction citizen participation can provide. Second, citizen
involvement is more important in a dynamic community because there is less certainty
' about the fundamental desires and attitudes of the residents. Citizen involvement
is less important in a static community because public officials can predict the
opinions and attitudes of the populace with relative certainty.
' An effective citizen participation program in Nags Head is hampered by several
factors. Because Nags Head is a highly seasonal community, a practical difficulty
exists in assessing the attitudes and desires of non-resident property owners. This
group exceeds in number permanent year-round residents. Moreover, even if the
difficulties of contacting these individuals are overcome with the use of surveys and
questionnaires, useful participation on an ongoing basis is quite difficult. Many of
' these individuals are apathetic concerning planning issues that may not appear to
have implications for them in the short-term. The challenge to the Town of Nags
Head is to maintain an ongoing citizens' participation program which recognizes and
overcomes, to the extent possible, these unique limitations. The Town's Citizens
Advisory Committee represents a wide cross-section of citizens which meets on a bi-
monthly basis, and has successfully overcome many of these difficulties.
' Currently, the Town encourages public participation and awareness in
government activities through questionnaires, newsletters and public meetings. The
public is notified well in advance of the times and agenda of the Planning Board and
' Board of Commissioners meeting and the public is encouraged to attend. For the
development of this plan, notices and large displays were placed in the local
newspaper encouraging the public to attend and participate in the development of
' the plan. A list of meeting dates and workshops held for the development of this
plan appears at the end of the plan following Chapter 20.
An additional issue included within this chapter is that of intergovernmental
' cooperation. It is clear that in each of the preceding issue areas, Nags Head is not
a unilateral actor. For many of the goals it wishes to advance, the Town will have
to cooperate with other municipalities and Dare County, as well as other governmen-
tal bodies. For instance, to achieve adequate preparation for hurricane evacuation
it was necessary for all the towns and the County, as well as state and federal
1 61

' agencies, to work together to implement the "decision arc" concept. Nags Head must
recognize that its growth and future destiny is closely tied to the interests and
decisions of other governmental units.
' Goal.
' The Town of Nags Head is committed to continual and ongoing citizen
participation and intergovernmental coordination in its land use planning and
decision -making. The Town recognizes the special importance of citizen involvement
in managing the Town's future growth and development and will strive to increase
' public participation.
Policies.
' 1. The Town will continue to enhance a strong citizen participation program
using the above mentioned activities.
' 2. The Town has a policy of cooperating with other municipalities and the
County on the Outer Banks, as well as with the State and federal government in
pursuing all the aforementioned policies.
C,

Chapter 17.
Special Development Issues
Special Development Policy 1. Preservation of Natural Vegetation and Topography.
t Vegetation and topography play an important role in Nags Head on how we
perceive ourselves and how others see us. The Town needs to develop a "picture"
of ourselves, identifying those natural features and characteristics which make Nags
' Head, Nags Head. Some planners refer to this as a "spirit of place," a combination
of characteristics that give a location a special "feel" or personality. These
characteristics may be aesthetic in nature, or tactile, as with the natural beauty of
' the coast along with the surf, sand, and smell of salt air combining to create the
special feel of Nags Head. For Nags Head, the term "family beach atmosphere" has
been used to describe those elements which give Nags Head its image. Part of this
physical image involves special physical features of the area, such as sand dunes
' and the various types of bushes, trees, and grasses found in the area.
One difficulty in trying to preserve this "picture" of Nags Head lies with
' defining those characteristics which need preservation or enhancement. Each
individual, visitor, etc. will have a separate set of characteristics which they feel
makes Nags Head, Nags Head.
' The Land Use Plan citizens' survey attempted to have the respondents tell us
what was important in preservation of the family beach. While responses were limited
to seven categories, the highest ranking was preserve open space, followed by
' encourage low building heights and density, and encourage single family housing.
When asked specifically about a tree preservation/landscaping ordinance and
beautification handbook, 75 percent favored a tree preservation/ landscape ordinance
' and 71 percent of the respondents favored the preparation of a beautification
handbook.
' Suggested Goal.
It shall be a goal of the Town to develop an innovative and unique set of
regulations, guidelines, and development review processes which will help preserve
vegetation, topography, and other characteristics which will preserve the family
beach and the image of Nags Head as Nags Head.
' Special Development Policy 2. Comprehensive Plan.
As the town continues to grow, and as local, state, and federal regulations
become more complex, it becomes essential that the Town carefully plan for the
future. A comprehensive plan strives to create good growth. A comprehensive plan
could ensure that when new growth occurs, it is not haphazard, unsightly, and
wasteful, and the outcome of new growth should not result in sharply rising
' municipal service costs and property tax increases. A comprehensive plan will help
maintain a positive "quality of life" in the Town.
' By developing and adopting a comprehensive plan the Town will begin to realize
that the economy, housing, unique environment, and the historic characteristics of
63

the Town are closely related to problems such as traffic congestion, flooding, water
availability, as well as other factors. A comprehensive plan will coordinate land use
decisions, which if allowed indiscriminately, may adversely affect many aspects of
' the economy, population, education, housing, streets, water distribution, and other
facilities.
Common components in a comprehensive plan are:
' 1. Community profile, geography, and history
2. Population
3. Economic base
4. Housing
5. Land use
6. Community resources and public facilities
' 7. Natural environment and community restoration
8. Transportation
' 9. Basic town services, such as police, fire, solid waste collection
10. Capital Improvements Program
' 11. Others
Comprehensive plans need not be expensive to produce as much of the required
background material exists in current document (Land Use Plan, CIP Plan, etc.)
Suggested Goal.
It shall be a goal of the Town to develop a comprehensive plan which will
balance growth with the concerns and needs of residents and visitors to maintain the
' family beach atmosphere and a positive quality of life.
LI
64

' Chapter 18.
Review of the Progress on Implementation
' of the 1985 Land Use Plan Policies
This chapter reviews the progress to date on implementation of the policies of
the 1985 Land Use Plan.
1. Increase setbacks and lower density along the sound shoreline.
Implementing actions:
' A. Amend zoning ordinance to require development to locate at greater
distances from shoreline.
B . Require clustering of development away from sound shoreline in The Village
' at Nags Head and Nags Head Woods.
Implementing actions adopted since 1985:
' A. Increased setbacks from Roanoke Sound in the SED-80 District. In most
cases structures must be 70 feet landward of the mean high water line.
B . Through the approval process of The Village at Nags Head, all dwelling
units will be at least 200 feet from the Roanoke Sound. CAMA regulations
would allow structures as close as 40 feet to the sound.
C . Changes in the district regulations for zoning districts limits the amount
of U . S . Army Corps of Engineers 404 wetlands which can be used to
' calculate coverage. Previously, Corps 404 wetlands were used in
calculating lot coverage.
2. Reduce density and the extent of development along ocean shoreline; encourage
' future high density growth west of Virginia Dare Trail.
Implementing actions:
A. Amend zoning ordinance to reduce the permissible density of the Commer-
cial -Residential Zoning District.
' B . Review oceanfront development regulations for their impact on the location
of oceanfront structures. Adopt the necessary amendments to shift the
location of structures as far west as possible.
Implementing actions adopted since 1985:
' A. Density (units /acre) for multi -family and hotels have been reduced in the
CR Zoning District along with strict setbacks, fire lane requirements, open
space and coverage requirements.
65
i

' B . Amendments to the Zoning Ordinance through increased height allowances
in the C-2 Zoning District encourage multi -family and hotel development to
locate on the west of South Virginia Dare Trail (NC 12) . Multi -family and
' hotel development in the C- 2 Zoning District can achieve greater units per
acre than if they were along the oceanfront.
' C. Lot area requirements have been increased in the R-1 and R-2 zoning
district from 15, 000 square feet to 20, 000 square feet, and duplex lot area
requirements in the R-2 district was increased from 22, 500 square feet to
30,000 square feet.
3. Protect the integrity of ocean beach and dune system and acknowledge the
natural processes and dynamics of the shoreline. It is the Town's policy that
' sea walls, jetties and groins or other artificial devices designed to stabilize the
ocean shoreline shall not be permitted, but the Town shall allow the temporary
use of sand bags to protect the shoreline.
' Implementing actions:
A. Require dune crosswalks for all new oceanfront development.
B . Require proposed development to rebuild and revegetate dunes for the
purpose of creating and maintaining a continuous dune line along the
' oceanfront.
Implementing actions adopted since 1985:
' A. The Town now requires dune crossovers for new multi -family and hotel
projects.
B . The Town has maintained its stance against hard structures ( sea walls,
jetties, etc.) along the ocean beach.
' C. The Town works closely with owners of homes in "imminent danger" to
facilitate their removal or relocation from the oceanfront.
4. Prepare in advance to regulate reconstruction following a hurricane; reduce
' densities in high hazard areas and preserve natural mitigative features of
environment during rebuilding.
' Implementing actions:
A. Prepare and adopt a detailed reconstruction plan that identifies criteria for
' applying special procedures and regulations to guide rebuilding after a
severe storm.
B . Organize and train a damage assessment team and reconstruction task force
' to advise the Town's decision -makers.
C . Create and adopt all necessary ordinances for application following a
hurricane that will enact moratoria, issue building permits and site plan
approvals for selected purposes, require baseline data when needed (i.e.,
' 66

mapping of newly formed drainage patterns) , apply new development
standards, and other functions needed in a reconstruction plan. (See
Hurricane Hazard Mitigation and Post -Storm Reconstruction Report.)
D . Devise procedures, forms, permits, check lists and other tools considered
necessary to implement the reconstruction plan.
' E. Develop baseline mapping and data gathering prior to a coastal storm. The
information collected will consist of main location and cut-off valves, bench
mark values, location of roads, etc. This information will be helpful in
determining property lines, utility locations and elevations when imple-
menting the reconstruction plan.
Implementing actions adopted since 1985:
The Town has adopted a hurricane reconstruction program which adequate-
ly addresses each of the above actions.
5. It is the Town policy to reduce the risks and vulnerability of structures to
damage and loss from hurricanes and coastal storms in advance of such events.
' ImplementinLr actions:
A. Require new development to locate adequate distances from storm hazard
areas.
B . The Town will encourage the construction of buildings which are more able
to withstand the wind and water forces of coastal storms.
C. The Town through subdivision and site plan review will encourage
' development to be designed to reduce its vulnerability to hurricanes and
coastal storms.
' Implementing actions adopted since 1985:
A. Through the adoption of strict hotel and multi -family development
' standards, risks and vulnerability has been reduced.
B . The Town's moratorium on multi family, multi -story, wood structures has
strengthened the construction of these multi -family buildings on the
' oceanfront.
C . The Town's subdivision ordinance now requires ocean -to -road lots east of
' South Virginia Dare Trail (NC 12) and South Old Oregon Inlet Road (NC
1243) . This measure provide an opportunity to relocate the structure when
it becomes threatened by erosion.
D. Minimum land areas in the R-2 Zoning District have been increased from
15,000 square feet to 20,000 square feet for single family and to 30,000
square feet for duplexes. Also, the R-1 Zoning District requires 20, 000
square feet for single family.
1 67

Regulate reconstruction of public facilities following a hurricane.
Implementing action:
Prepare and adopt detailed plans establishing criteria and stipulating
reconstruction decisions concerning public facilities.
Implementing actions adopted since 1985:
The Town has adopted policies regarding the replacement of roads and
water lines which are destroyed as a result of a hurricane or storm.
Regulate public and private development in high hazard locations.
Implementing actions:
A. Limit the extension of public services and facilities to such areas through
detailed capital improvements program.
B . Consider the adoption of overlay zoning ordinances to reduce permissible
densities in these high hazard areas.
C . Consider high hazard areas, e.g., in incipient inlet areas, in any program
of public acquisition.
Implementing actions adopted since 1985:
A. As mentioned previously, the Town's multi -family and hotel standards,
while not eliminating development in hazard areas, does reduce the risks
for loss of life and property.
B . The Town has established a land acquisition program through the Capital
Improvements Program to acquire land for various reasons.
C. Through the Hurricane Mitigation and Reconstruction Plan the Town can
establish moratoriums to prohibit redevelopment in high hazard areas until
adequate studies ar done to determine the feasibility of rebuilding in high
hazard areas.
Increase availability and access of hurricane shelters for residents and visitors
of Nags Head.
Implementing actions:
A. Construct additional shelters with funds collected from impact fees and/or
land transfer tax.
B . Enact ordinances and fee schedules to require the provision of adequate
shelters, or payments to a hurricane shelter fund in lieu thereof.
C. Develop a plan that identifies future public shelter needs, locations and
design standards.
68

' D . Construct future Town structures to withstand hurricanes and to serve as
hurricane shelters.
' Implementing actions adopted since 1985:
A. Local, state and federal emergency management personnel and officials feel
that the most prudent action is to evacuate the Outer Banks due to local
topography (construction of hurricane shelters would be costly) .
B. The Town's new fire station and proposed Town Hall will have built in some
' capability of being used as emergency operation centers by emergency
response personnel.
9. Do not expand, and consider reducing the size of the Town's commercial zoning
districts; minimize undesirable impacts of commercial development on Bypass
traffin nnncrnatinrn
' Implementing actions:
A. The Town will work towards modifying the zoning map to reduce the amount
of land zoned for commercial use.
B . Provide incentives for future commercial development on clustered sites,
with shared parking and driveways, and with access onto roads other than
' South Croatan Highway (US 158)
C . Amend the zoning ordinance and map to create more specialized commercial
districts.
D . Require vegetative and other types of barriers along property lines
' abutting residential uses.
Implementing actions adopted since 1985:
' A. The Town has only approved one rezoning in the last five years which
resulted in increasing the amount of commercially zoned area. In this
particular case, the rezoned area (. 26 acres) was effectively being used
for commercial purposes prior to the rezoning.
B . The Town has adopted buffering requirements for some land uses (service
stations, hotels, multi -family, etc. ) .
' C. The Town has continually "fine-tuned" its Sign Ordinance.
10. Make needed improvements to Croatan Highway, including its expansion to five
lanes along its entire route.
' Implementing action: Lobby the State for five- laning Croatan Highway (US 158) .
69

u
Implementing actions adopted since 1985:
The five -landing project has been completed.
11. Construction of additional bridge(s) to the mainland.
Implementing action:
Lobby the State for construction of additional bridge(s) .
Implementing actions adopted since 1985:
A. The Town has worked with the State regarding the replacement of the
Washington Baum Bridge which was completed in the summer of 1990.
B . The Town has lobbied the State for the expansion of the Wright Memorial
Bridge and an additional bridge to Currituck County.
12. Reduce impervious surfaces and accompanying runoff, particularly in sound
shoreline area.
Implementing actions:
A. Amend the zoning ordinance to decrease the amount of permitted impervious
surface.
B . Amend the drainage ordinance to prohibit more storm water runoff after
development than occurred prior to development.
C . Amend the Town's drainage plan to direct runoff into detention/retention
ponds or through ocean outfalls. This will likely require the installation
of additional ocean outfalls or acquisition of land for ponds.
Implementing actions adopted since 1985:
A. The Town has amended its zoning ordinance to decrease the amount of
impervious surfaces allowed in each zoning district.
B . For some types of development the Town requires retention basins for
stormwater runoff.
C . The Town successfully lobbied DOT for installation of a South Nags Head
ocean outfall.
D . The Town submitted a grant application to develop a new stormwater and
drainage plan. However, due to lack of State funds available, the grant
was not approved.
13. Discour;
ercoura
unsuitable and
70

1
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1
Implementing actions:
Encourage the use of tertiary treatment plants where practical and require
tertiary treatment for high density conditional uses.
Implementinfr actions adopted since 1985:
The Town requires tertiary treatment for package treatment plants.
14. Allow the pace of growth that is commensurate with the Town's ability to
provide basic services (i.e., police, fire protection, solid waste and water
service).
Implementing actions:
A. Development of a detailed capital improvements program (CIP) indicating
needed improvements, their expected sources of funding, and a schedule
of these improvements for at least five years into the future.
B . Consider the adoption of ordinances that pace the Town's growth with its
ability to provide the necessary capital facilities.
Implementing actions adopted since 1985:
A. The Town now has a Capital Improvements Program.
B .. The Town has adopted facility fees for Police, Fire, Solid Waste Collection,
and Administration.
C . The Water Allocation Ordinance which was adopted in 1985, and repealed
in 1990, allocated water for five years until new sources of water became
available.
D . To meet the needs for capital reserves for the expansion of the Town's
wholesale water supply and for expansion of the Town's distribution
system, the Town has increased water impact fees to fund these capital
costs.
15. It is the Town's policy to encourage a mixture of land uses that consist
predominantly of single family and duplex structures. The Town feels that
commercial activities should be oriented to providing services for residents and
visitors.
Implementing actions:
A. The Town should consider reducing or redistributing the amount of land
available for commercial development.
B . The Town will monitor the rate of growth, land use and density.
71

0
Implementing actions adopted since 1985:
Through increased development regulations in the CR district (oceanfront
district) for hotels and multi -family, development of single family and
duplex units have been encouraged.
16. The Town will consider the adoption and enforcement of a minimum
to ensure the safety and good _appearance of housing in the T<
Implementing actions:
A. Develop and adopt a minimum housing code.
B. Assign staff to implement a minimum housing code.
Implementing actions adopted since 1985:
The Town considered a "minimum" minimum housing code. However, due
to conflicts with the Zoning Ordinance and the potential for alterations to
historic structures, the measure was not pursued further.
17. Increase strin
to
of building standards to enhance resistance of local
Implementing actions:
A. Support and lobby for proposed State coastal building standards.
B . Obtain legislation allowing the Town to prepare and enact local building
code standards more stringent than those of the North Carolina State
Building Code.
C . Amend the zoning ordinance to require fire lanes around high density
development.
Implementing actions adopted since 1985:
A. Fire lanes around multi -family and hotels now required in addition to new
development standards for multi -family and hotels.
B . Continued enforcement of a moratorium on multi -story, multi -family wood
construction.
18. Protection of the visual and aesthetic qualities of Nags Head, in particular,
open space and the historic district.
Implementing actions:
A. Organize a Community Appearance Commission to prepare and adopt
appearance and design standards to be administered by the commission.
72

B. Prepare and enact an historic district ordinance for the historic beach
cottage area when the affected property owners support such an ordi-
nance.
C. Enact more stringent setback and open space requirements for new
development.
D .
Modify zoning and site plan review standards to permit additional building
'
height for projects which incorporate additional passive open space areas.
'
E .
Develop and adopt landscaping requirements.
F.
Lobby the State for land acquisition and recreation funds.
'
G .
Fund Town open space acquisitions through impact fees.
Implementing
actions adopted since 1985:
'
A.
More stringent setbacks and open space requirements (lot coverage)
requirements have been implemented especially for multi -family and hotels
along the oceanfront.
B .
To encourage development of multi- family and hotels off the oceanfront, we
now allow additional height on these structures if located in the C-2 Zoning
'
District.
C .
The Town is currently addressing a Landscape and Buffering Ordinance,
as well as corridor landscaping.
D.
The Town has worked closely with CAMA, DCM, and LWCF for land
acquisition and recreational funds.
E .
To date, the Town has not had the opportunity to address charging facility
fees for open space and water access projects.
19. Increase public access and the amount of recreational open space use of the
ocean and estuarine shorelines and increase open space in other areas.
'
Implementing
actions:
A.
Implement an impact fee schedule that will require payment of fees to be
'
used for providing public access and public use of the shorelines.
B .
Continue submitting grant applications for shoreline access projects when
'
the opportunities arise.
C.
Develop an Open Space Plan designed to identify key locations for land and
easement acquisition.
D.
Acquire scenic and limited use easements for the purposes of maintaining
open space.
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E. Organize and initiate a non-profit corporation created to receive donations
and grants, and to acquire land and easement for the purpose of preserv-
ing open space.
ImplementinLr actions adopted since 1985:
A. The Town continues to be an active participant in CAMA's shoreline access
' program. In the last five years the Town has completed 19 beach access
projects, adding 369 parking spaces.
' B . The Town has acquired land for scenic purposes ( Causeway -Rigger
Property and several oceanfront sites where houses have been destroyed) .
t 20. The Town recognizes the need for and will plan for passive recreational areas
as well as the need for a Town Park and other traditional community recreation-
al facilities to meet the needs of the Town's residents.
' Implementing actions:
A. The Town will be receptive to providing limited access to Town owned
property in Nags Head Woods. Any access developed would be designed
to minimize environmental impacts and would be coordinated with current
management policies and agreements.
I
B. The Town will monitor any grants which would assist in the acquisition or
development of recreational areas.
C.
The Town will develop a site plan for a municipal park.
D .
The Town will maintain its management agreement for Nags Head Woods with
The Nature Conservancy that will provide for hiking trails and other
'
passive uses of the Woods.
Implementing
actions adopted since 1985:
1
A.
The Town has surveyed property owners (Recreation Plan and Land Use
Plan) for the need for a Town Park.
'
B .
The Town is currently negotiating the acquisition of some of the remaining
private property within Nags Head Woods in cooperation with the Nature
'
Conservancy.
C .
The Town has pursued grants which would assist in the acquisition or
development of areas within Nags Head Woods.
'
D.
The Town has The Nature
maintained a management agreement with
Conservancy for the Town -owned portions of Nags Head Woods .
'
E.
The CIP Committee has recommended an access project for Nags Head
Woods.
74

' 21. Protect Nags Head Woods as a critical and important natural feature of the
Town.
Implementing actions:
A. Modify the zoning ordinances to reduce permissible density in this area.
B . Enact special performance standards and develop regulations which
minimize the impacts of new development on this area, e.g. loss of
vegetation, land disturbance during construction, etc.
C . Acquire undeveloped land in Nags Head Woods area by the Town when
opportunities arise.
' D . Support the acquisition of land by State and other interested private
organizations, e.g., conservation foundation.
' E. Maintain Town -owned land in undeveloped state; providing public with
passive recreational uses.
' F . Encourage development outside of Nags Head Woods through development
criteria in water tap ordinance.
'
Implementing
actions adopted since 1985 :
A.
The Town has adopted zoning regulations for SED-80 designed to protect
the integrity of the Woods and are perhaps the most restrictive regulations
'
within the State.
B .
The Town is exploring ways for acquisition of land within the Woods.
'
C .
The Capital Improvements Committee has recommended projects which
would allow for passive recreational use of the Woods.
'
D .
The Town has adopted an amendment to the Subdivision Ordinance which
would require an environmental assessment or an EIS for any major
subdivision of land within SED-80.
'
e
22. The Town will continue to provide a strong citizen participation program for the
future.
Implementing
actions:
A.
The Town will continue to solicit public comments through public opinion
'
surveys to ensure a strong public voice in the government of Nags Head.
B .
The Town will continue to utilize the Citizens' Advisory Committee as a vital
link to the governing body of Nags Head.
C.
The Town will encourage public participation in all public meetings and
'
public hearings.
'
75

' D . The Town will continue to disseminate information to the residents and
visitors by the use of newsletters, newspapers and published reports to
bring the public up to date on government activities.
' Implementing actions adopted since 1985:
' All the above implementing actions have been pursued in addition to using
the local cable access channel.
23. The Town has a nolicv of cooneratinLr with other municipalities on the Dare
' Outer Banks, with the County, State and federal government in pursuing all
the aforementioned policies.
' Implementing actions:
A. The Town will actively participate in the Town and County Planning Forum.
' B . The Town will participate in meetings as requested.
C . The Town will continue to work with other local governments to identify
' and resolve common issues.
Implementing actions adopted since 1985:
All of the above implementing actions have been pursued.
IU
I
76
C

' Chapter 19.
Policies and Implementation Methods
' The followingare 16 policies which represent and summarize the majority of the
P P ] Y
action policies in the previous chapters. Along with each policy are the implementa-
tion methods necessary for achieving that policy. CAMA requires that all adopted
policies and implementation methods be achievable by local governments and are
within the fiscal constraints and management system of local governments.
' Following,each policy (in parentheses) is the priority for that policy. The
timing for completion of policies are based upon the priority assigned and are as
' follows: Highest Priority - within two years; High Priority - within four years;
Priority - within six years; and Low Priority - within eight years.
Some policies which were rated less than High Priority represent issues and
concerns which: (1) may not demand considerable Staff time and resources; (2) are
beyond the direct control of the Town; or (3) are on -going projects to which the
Town is committed.
' 1. Protect the physical and visual integrity of the estuarine shoreline. (High
J
1 2.
Implementing actions:
A. Actively pursue all sources of funding including the Capital Improvements
Program to provide funds for open space and estuarine access projects.
B - Develop ordinances which would encourage those types of development
which would promote the Nags Head image and not be detrimental to the
estuarine environment.
Protect the inteLrrity of ocean beach and dune system and recognize the natural
processes and dynamics of the shoreline. It is the Town's policy that sea walls,
jetties and groins or other artificial devices designed to stabilize the ocean
shoreline shall not be permitted, but the Town shall allow the use of sand bags
and sand -pushing to temporarily protect threatened structures until they can
be removed from the site. (H1LLh Prioritv)
Implementing actions:
A. Require dune crosswalks for all new oceanfront development.
B . Require any proposed development or redevelopment to rebuild and
revegetate dunes for the purpose of creating and maintaining a continuous
dune line along the oceanfront.
C . Continue to pursue the necessary studies to determine the feasibility of a
town -wide or regional beach renourishment project.
77

'
D .
Consider annually, through the Capital Improvements Program process,
providing funds for the acquisition of open space in high hazard areas
along the ocean shoreline.
'
8. Reduce the risks and vulnerability of structures to damage and loss from
hurricanes and coastal storms in advance of such events. (Priority)_
'
Implementing
actions:
A.
Identify and seek all programs and funding sources which will assist the
'
Town in developing natural mitigation measures to reduce potential losses.
B .
Actively participate in the Federal Emergency Management Agency
'
Community Rating System Program to develop mitigation measures to reduce
or prevent flood damage from occurring in the first place.
C .
The Town will develop and implement a comprehensive Floodplain Manage-
'
ment Plan and will annually evaluate progress toward implementing the
plan.
D. The Town shall continue to encourage relocation of structures which are
threatened by erosion and the Town Staff will actively work with the
homeowner and Federal Emergency Management Agency to facilitate their
' relocation.
4. Lobby the North Carolina Department of Transportation to make needed
improvements to South Croatan (US 158), South Virginia_Dare Trail (NC 12),
' and US 64/264 throughout the entire region. (Low Priority)
Implementing actions:
A. The Town recognizes that evacuation planning is a regional problem and it
will work with other affected jurisdictions and to lobby the North Carolina
Department of Transportation for improvements, not only along South
Croatan Highway (US 158), South Virginia Dare Trail (NC 12), and US
64/264, but also improvements to and from the mainland to provide for
' maximum efficiency in hurricane evacuation of the Outer Banks.
B . Continue to work with the North Carolina Department of Transportation in
the completion of a "Major Thoroughfare Plan."
' 5. Take appropriate actions to protect the quality of estuarine and groundwater
resources recognizing the interrelationships between land use and water
quality. (High Priority)
' Implementing actions:
' A. Require tertiary sewer treatment plants for high density or high intensity
development.
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7.
B . Continue to work toward allowing only those uses which would protect the
quality of groundwater, surface water, and estuarine water from point and
non -point sources of pollution.
C. Investigate innovative measures to control/retain/detain stormwater
runoff.
D . The Town recognizes the need to develop a detailed street and comprehen-
sive stormwater and drainage improvements plan as part of the Town's
capital improvements program. Such a plan should identify and prioritize
road drainage improvements designed to alleviate potential congestion and
flooding while addressing and minimizing the environmental impacts of
water runoff. This comprehensive stormwater and drainage plan would
help ensure continued environmentally -sound development and growth in
the Town.
Encourage a mixture of land uses that consist predominantly of single family
and duplex structures. The Town feels that commercial activities should be
oriented to providing services for residents and visitors. (Low Prioritv)
Implementing actions:
A. The Town will consider reducing the size of the Town's commercial zoning
districts.
B . The Town will consider reducing and/or redistributing the amount of land
available for commercial development.
C . The Town should not reduce, and shall consider increasing, the amount of
land zoned residential.
D . Develop regulations which would require existing platted, but undeveloped
subdivisions to meet current Town standards when they are developed.
Protect the visual. nhvsical and aesthetic aualities of NaLrs Head. includinL7
and the historic dis
ImnlementinLr actions:
A. Institute a program of land acquisition to acquire land now to protect the
visual integrity of the Town.
B . Establish, if supported by the affected property owners, an historic
district ordinance to preserve the historic characteristic of the Town.
C . Develop a long-range program to place existing overhead utilities
underground.
D. Develop a visual enhancement program (landscaping, buffering, land-
scaped corridors) to protect and enhance the natural vegetation and
topographical features of the Town.
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8. Increase public access and the amount of recreational open space along the
ocean and estuarine shorelines and increase open space in other areas.
(Priority)
1 s.
Implementing actions:
A. Investigate the feasibility of implementing a facility fee schedule that will
require payment of fees from new development which will be used for the
acquisition of land for ocean and estuarine access areas.
B . Continue submitting grant applications for shoreline access projects when
the opportunities arise.
C . Develop an Open Space Plan designed to identify key locations for land and
easement acquisition.
D . Identify and resolve conflicts which arise when two competing user groups
use the same resource, e.g., commercial beach fishermen and recreational
fishermen, jet -ski and power boat operators, waders and swimmers,
surfers and swimmers, etc.
Plan for municipally -owned or operated active and passive recreational areas
as well as the need for a Town Park and other traditional municipally -provided
recreational facilities to meet the needs of the Town's residents. (High
Priority)
Implementing actions:
A. The Town will work with the Nature Conservancy to provide access to
Town -owned property in Nags Head Woods.
B . The Town will actively seek grants which would assist in the acquisition or
development of municipally -owned or operated recreational areas.
' C . The Town will maintain its management agreement for Nags Head Woods with
The Nature Conservancy that provides for hiking trails.
' D . The Town will consider changes to the Zoning Ordinance that increase
municipally -owned or operated recreational opportunities consistent with
the policies of the Town.
' 10. Protect Nags Head Woods as a critical and important natural feature of the
Town. (Priority)
' Implementing actions:
A. The Town will work with local, state, and national conservation and other
' governmental agencies and other interested private, non-profit organiza-
tions for acquisition of Nags Head Woods as the best method of preserva-
tion.
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'
B .
Maintain Town -owned land in its predominantly undeveloped state while
providing passive and limited active recreational uses for the public.
C .
Support the nomination of Nags Head Woods as an Area of Environmental
Concern.
D.
Continue to enforce the laws prohibiting off -road driving of all -terrain
vehicles.
11. Provide basic infrastructure and services, i. e. , police, fire protection, solid
waste collection, and water service to meet the needs of growth. (Priority)
Implementing
actions:
'
A.
It is the policy of the Town to continually assess the police and fire
protection needs of the Town and to make personnel and resource
expenditures commensurate with the needs created by growth and
development.
B .
The Town encourages the use of non-combustible materials for the
construction of motels, multi -family and commercial projects.
C .
Consider developing regulations to require the use of sprinkler systems
and stand -pipes, the provision of fire lanes and emergency vehicles
'
accesses for high density and commercial development.
D.
Continue to development annually a detailed Capital Improvements Program
indicating needed improvements, their expected sources of funding, and
a schedule of these improvements for at least five years into the future.
12. Continue to provide for adequate, economical, and environmentally- sound
'
methods for the disposal of solid waste. (High Priority)
Implementing
actions:
A.
The Town shall closely monitor the generation of solid waste and to make
necessary expenditures to increase its collection capacity commensurate
'
with future levels of growth and development.
B .
The Town in its development review processes will encourage project
designs which facilitate the collection of solid waste, e. g. , clustering waste
'
containers, and which minimize any negative effects that might result from
the collection system, e. g. , visual buffers for waste containers, location
of container sites to minimize impact of local traffic during collection, etc.
C.
The Town shall continue to provide opportunities and facilities for
recycling materials. The Town shall develop public awareness programs
directed toward both residents and visitors to encourage recycling and the
'
Town will develop appropriate incentives to meet the State mandate.
D .
The Town will continue to assist and will provide more opportunities for
commercial establishments to recycle materials.
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' E. The Town will continue its program of roadside litter clean-up.
F. The Town shall investigate innovative methods for reducing the amounts
' of degradable and non -biodegradable solids and waste entering the landfill.
13. SPECIAL DEVELOPMENT ISSUE - Preservation of Natural Vegetation and
Topography.
' Develop an innovative and unique set of regulations, guidelines, and develop-
ment review processes which will help preserve topography, vegetation, and
' other characteristics which will preserve the family beach and the image of Nags
Head as Nags Head. (Low Priority)_
C
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Implementing actions:
A. Develop a comprehensive Corridor Vegetation Enhancement Program.
B . Develop a community appearance and beautification handbook.
C . Prepare architectural design guidelines for new and rehabilitated
structures.
D. Prepare a tree planting and landscape beautification handbook.
E. Create voluntary guidelines for attractive signage and outdoor lighting.
14. SPECIAL DEVELOPMENT ISSUE - Comprehensive Plan.
Develop a comprehensive plan to coordinate land use decisions to ensure the
Town maintains a positive auality of life while at the same time accommodating
new development. (Low Priority)
Implementing actions:
A. Develop a comprehensive plan.
15. Continue to provide a strong citizen participation pr
Town seeks to maintain strong citizen involvement
and will seek narticination techniaues to assure
ve a
uate
iat
to
for the future.
t
ire]
' participate effectively in the planning and decision -making process. (High
Priority)
Implementing actions:
' A. The Town will continue to solicit public comments through public opinion
surveys to ensure a strong public voice in the government of Nags Head.
iB . The Town will continue to utilize the Citizens' Advisory Committee as a vital
link to the governing body of Nags Head.
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1 C. The Town will encourage public participation in all public meetings and
public hearings when such participation is not prohibited by law.
D. The Town will continue to disseminate information to the residents and
' visitors by the use of newsletters, newspapers and published reports to
bring the public up to date on government activities.
' E. Town Staff will be available to meet at any time with special -interest, civic,
business groups, etc. regarding governmental activities.
' F . The Town will continue to seek input from the citizenry into the govern-
mental process at all levels.
G . The Town will continue to promote ways to establish working partnerships
' with representatives from civic groups, business groups, and special -
interest groups to provide insight and input into the processes of local
government.
1
H . The Town Planning Staff and Building Inspectors will conduct workshops
with the public regarding hurricane protection, including retrofitting of
existing structures and the Community Rating System.
16. Continue to
Implementing actions:
IA. The Town will actively participate in Town and County planning forums.
B. The Town will arrange and participate in meetings as requested.
' C. The Town will continue to work with other local governments to identify
and resolve common issues.
J
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' Chapter 20.
Land Classification System
' The land classification system provides a means of assisting in the implementa-
tion of policies adopted in the Land Use Plan. By delineating land classes on a map
' the Town can specify those areas where certain policies (local, state, and federal)
will apply. The land classification system as required by CAMA is intended to be
supported and complemented by zoning, subdivision regulations, and other local
' land use management tools, and these tools should be consistent with the classifica-
tion system as much as possible.
The land classification system further provides a framework to be used by the
' Town to identify the future uses of all lands. The designation of land classes allows
the Town to illustrate their policy statements as to where and to what density or
intensity the Town wants growth to occur, and where the Town wants to preserve
natural and cultural resources by guiding growth.
Land Classification Classes.
' The land classification system can include seven classes: Developed, Urban -
Transitional, Limited -Transitional, Community, Rural, Rural with Services, and
Conservation. Local governments may subdivide these classes into more specific
' subclasses. For Nags Head three classes have been applied to this land use map:
Developed, Limited -Transitional, and Conservation. The other four classes are not
applicable to Nags Head.
Developed Class. The purpose of the developed class is to provide for
continued intensive development and redevelopment. Developed areas are urban in
character and include mixed land uses such as residential, commercial, industrial,
institutional and other uses at high to moderate densities. Town services including
water, streets and roads, and police and fire protection are provided to some extent
in the Developed land class. The developed class for this land use plan is
' subdivided into two categories. Subclasses refer to land currently in high intensity
use relative to the remainder of the Town.
' Subclass D-1.
Portions of this area are now intensively developed with mixed land uses at high
to moderate densities. Intensive residential and commercial development is
' expected to continue. When reconstruction occurs it would be at the present
level of intensity.
' Subclass D-2.
Some of this area is currently developed at the same intensity as the land in
D-1. When redevelopment occurs it shall be at the current level of density and
' intensity allowed by the Zoning Ordinance at the time of redevelopment.
Limited -Transition Class. The purpose of the limited -transition class is to
I
identify land slated for future development. The lands must be suitable for
84

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development and can be provided with the necessary urban services. Limited -
transition areas are those which are currently under development or will be
developed in the next five to ten years to accommodate anticipated population and
urban growth. Limited -transition areas will provide land for development when the
developed lands are no longer available. Two subclasses of limited -transition lands
are proposed. Limited -transition subclass T-1 identifies land on which relatively
high intensity development will not be opposed by the Town. Subclass T-2 depicts
land on which low intensity development is preferred.
Subclass T-1.
These areas will provide for future mixed land uses at moderate densities.
Services including water, streets, police and fire protection can be made
available if they do not already exist . The predominant lot size in this area is
15,000 square feet.
Subclass T-2.
These areas will provide for predominately residential growth at low densities.
For new subdivisions of land other than in the SPD-C district, lot size will be
20,000 square feet or larger. T-2 areas will also serve as a buffer between the
more intensively developed areas and the less developed conservation areas.
Conservation Class. The purpose of the conservation class is to provide for the
effective long-term management and protection of significant, limited or irreplaceable
resource areas. Conservation areas should be developed in a cautious fashion,
recognizing the environmental sensitivity of these areas. Two subclasses for
conservation areas are proposed, E-1 (Environmental-1) and E-2 (Environmental-2) .
Subclass E-1.
' These are areas which are environmentally significant lands because of their
natural role in protecting the ecology and integrity of the coastal region. They
include areas containing hardwoods, swamp forests, areas of wildlife habitat
and contain significant productive, natural, scenic, cultural or recreational
resources which make the region a desirable place in which to live, work, and
visit. Conservation subclass E-1 should be developed in a manner which offers
the greatest amount of protection of those natural resources. Urban services
should not be provided to stimulate intense development. Maximum density, for
land not currently subdivided, should be approximately one residential unit per
two acres.
Subclass E-2.
' These areas include AEC's, public trust waters, estuarine waters and estuarine
wetlands, the ocean beaches, Jockey's Ridge State Park, the Town -owned
portions of Nags Head Woods, and freshwater 11404" wetlands. Allowed uses on
these lands would be limited to only those uses allowed by the Zoning Ordinance
' at the time of consideration of the proposed use.
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MEETINGS AND WORKSHOPS
Tuesday, May 1, 1990 - Advisory Committee Scoping Meeting
The kick-off meeting for the preparation of the questionnaire was a "scoping"
meeting. The purpose of the meeting was to identify important issues to be
addressed in the Citizens Survey.
Wednesday, June 6, 1990 - Advisory Committee Work Session
The purpose of this meeting was threefold: (1) To review the results of the
scoping meeting; (2) To go over some objectives/ criteria for preparation of the
questionnaire; and (3) To pretest and review a preliminary draft of the survey
instrument. At this meeting, the Advisory Committee began the process of
evaluating the survey questions.
Thursday, July 19, 1990 - Advisory Committee Work Session
This meeting picked up where the June 6 meeting left off. The balance of the
first draft of the survey was reviewed by the Advisory Committee.
Wednesday, August 15, 1990 - Advisory Committee Work Session
This meeting wa held to review a second draft of the questionnaire. Comments
were noted for reference later in the day at the Town Board of Commissioners
meeting.
Wednesday, August 15, 1990 - Board of Commissioners Meeting
This meeting was held to provide the Board of Commissioners the opportunity to
review the second draft of the survey, taking into consideration the comments
received from the Advisory Committee, as well as the Commissioners' own
perspectives on how best to address various issues.
Tuesday, September 4, 1990 - Advisory Committee Briefing
' This meeting was held at the request of the Board of Commissioners to brief the
Advisory Committee as to the final changes in the survey directed by the Board
of Commissioners at their meeting of August 15.
' Tuesday, November 13, 1990 - Presentation of Survey Results
This meeting was held to present the tabulated results and analysis of the
' questionnaire to the Advisory Committee and Board of Commissioners in a joint
session.
Wednesday, December 12, 1990 - Board of Commissioners
This public meeting was held to provide the general public with an opportunity
to comment formally on the survey results.
86

' April 17 and 24, 1991
Joint workshops with Board of Commissioners and Planning Board to discuss
' policy issues and to select tentative policies.
May 1, 1991
Joint workshop with Board of Commissioners and Planning Board to discuss
policy issues and to select tentative policies.
' June 18, 1991
Workshop for presentation of the draft Land Use Plan to the Planning Board and
' Board of Commissioners for review and comment.
July 1, 1991
' Proposed Board of Commissioners agenda item to receive further comments from
the Board.
July - August 1991
State reviews draft Land Use Plan and provides comments by mid -August for
' Town's action.
September 17, 1991
Workshop to review revised Land Use Plan.
November 4, 1991
' Request for public hearing (30-day public hearing notice required) .
' November 19, 1991
Workshop to review Draft Land Use Plan.
' January 6, 1992
Public hearing held. Board of Commissioners adopts Land Use Plan.
' January 23, 1992
Presentation to Coastal Resources Commission for consideration. Coastal
' Resources Commission certifies Land Use Plan.
87
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CURRENT PLANS, POLICIES AND REGULATIONS
The following is a list of existing plans and policies having significant
implications for land use:
Zoning Ordinance, Town of Nags Head, originally adopted June 1962, and amended.
Village at Nags Head Master Plan and Development Standards.
Subdivision Ordinance, Town of Nags Head, originally adopted December 1971, and
amended.
Coastal Area Management Act.
National Flood Insurance Program Flood Damage Prevention Ordinance.
National Flood Insurance Program Community Rating System.
Hurricane and Storm Reconstruction and Redevelopment Plan and General Use
Standards, Article XVI, Zoning Ordinance.
Soil Erosion and Sedimentation Control Ordinance, Article I, Chapter 14, Town Code
of Ordinances.
1985 Land Use Plan.
Stormwater Drainage Design Manual, 1982.
Capital Improvements Plan, adopted annually since 1989.
Draft Comprehensive Ocean and Estuarine Access and Recreation Plan, 1989.
Facility Fee Ordinance, Article VI, Chapter 6, Town Code of Ordinances.
ENFORCEMENT OF EXISTING LOCAL LAND USE REGULATIONS:
Locally adopted ordinances and regulations are implemented and enforced by
Town Staff . Depending upon the regulation, the following individuals are involved
with implementation and enforcement:
Building Inspector
Code Compliance Officer
Zoning Administrator
Planning and Development Director
Town Manager or his designee
Fire Chief or his designee
Police Chief or his designee
CAMA Local Permit Officer
Town Engineer
Town Attorney
88

' CONSISTENCY OF LAND CLASSIFICATION MAP AND POLICIES WITH TOWN
ORDINANCES:
' For the most part the Zoning Ordinance ( lot size, density, uses) is consistent
with the Land Classification Map. One notable exception is the area in the vicinity
of Whalebone Junction (US 64/264) which is currently in the General Commercial
Zoning District classification (C-2) and is indicated on the Land Classification Map
' as "Conservation."
89

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REFERENCES
Brower, David. J., William E. Collins, and Timothy Beatley, "Hurricane Hazard
Mitigation and Post -Storm Reconstruction Plan for Nags Head, North Carolina"
(Coastal Collaborative, Ltd, Chapel Hill, N. C.; 1984)
Brower, David J. , et al., "Carrying Capacity Analysis, Nags Head, North Carolina"
(Coastal Resources Collaborative, Inc., Chapel Hill, N. C.; 1984)
Brown, J. D . , S . Wearden and S . Ghorpade, "Town of Nags Head 1984 Land Use
Survey" ( School of Journalism, University of North Carolina, Chapel Hill, N .
C.; 1984)
Lynch, L . , "Potential Inlet Zones on the North Carolina Coast" ( School of Forestry
and Environmental Science, Duke University; 1983)
McDowell -Jones, "Storm Water Drainage Design Manual for the Town of Nags Head,
North Carolina" (McDowell -Jones, Elizabeth City, NC; 1982)
Moore, Gardner and Associates, "Comprehensive Engineering Report on Water
System Improvements for the County of Dare" (1984 )
Nags Head -Kill Devil Hills, "Thoroughfare Plan" (Planning and Research
Department, North Carolina State Highway Commission; 1972)
Nags Head, Town of, "Capital Improvements Plan" (adopted annually since 1989)
Nags Head, Town Of, "Citizens' Survey on Growth and Development" ( Edward D .
Stone and Associates; January 31, 1991)
Nags Head, Town of, "Comprehensive Ocean and Estuarine Access and Recreational
Plan (Prepared by T. Dale Holland; September 1989)
Nags Head, Town of, "Facility Fee Ordinance" (Article VI, Chapter 6, Town Code
of Ordinances, 1989)
Nags Head, Town of, "Land Use Plan" (Coastal Consultants, Ltd., Chapel Hill, N.
C.; 1980)
Nags Head, Town of, "Nags Head Traffic Operations and Parking Study (Division
of Highways, North Carolina Department of Transportation; 1983)
Nags Head, Town of, "Water Consumption Unit Allocation Ordinance" (August 1985)
Nags Head, Town of, "Zoning Ordinance" (amended through April 1991)
Neumann, C . , et al., "Tropical Cyclones of the North Atlantic Ocean, 1871 -1980"
(NOAA; June 1978, revised July 1981)
North Carolina, "Coastal Area Management Act of 1974"

n
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North Carolina Department of Environmental Management, "The Impact of Septic
Tanks to Shellfish Waters" (1982 )
' Stone, J. R. , "Hurricane Evacuation Planning: Estimating Evacuation Times for
Non -Metropolitan Coastal Communities" (UNC Sea Grant, Raleigh, N. C. ; 1982)
Titus, J., "Planning for Sea Level Rise Before and After a Coastal Disaster" in
' Barth, M. and J. Titus, ed. "Greenhouse Effect and Sea Level Rise: A
Challenge for This Generation (Van Nostrand, Reinhold, New York, N. Y. ;
1984)
U. S . Department of Housing and Urban Development, Federal Insurance
Administration, "Flood Insurance Rate Map, Town of Nags Head, Dare County,
' North Carolina" (October, 1975)
U. S. Environmental Protection Agency, North Carolina Barrier Islands Generic
Environmental Impact Statement Environmental Inventory (1981)
' U. S. Environmental Protection Agency, North Carolina Barrier Islands
Environmental Impact Statement, Wastewater Management (EPA 904/9-84-117;
' 1984)
91

1
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Legend
D-1 Existing intensity allowed if redeveloped
Town of Developed - generally existing intensive development
NAGSH_E__AD D-2 redevelopment at current intensity allowed by zoning ordinance
N o r t h C a r o I I n a T-1 anticipated for high intensity development
Transition - generally vacant land, future intensive development
T-2 anticipated for low intensity development
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Overview of Nags Head and the Land Use Planning Process al environment, including such things as access to beaches and the protection of The preparation
i a unique and attractive resort community on the open space in the Town. Yet the growth pressures which Nags Head is currently The Town of Nags Heads q y p p � g p g y ammere�a eve Q men of these maps
• "discovered,"
e
Outer Banks of North Carolina. A number of characteristics make it an attractive feeling indicate that the Town has been discovered, and that this discovery were financed in
place to live or vacation. Among them are its proximity to water and beaches, its puts in jeopardy many of the features and characteristics that make the Town
abundance of open spaces, its generally low density of development, and the such an attractive place in which to live and vacation. Percentage part through a
p p g y y p
overall quality of its natural environment. Nags Head is primarily an ocean-ori- The local planning requirements of the North Carolina Coastal Area 24 grant provided
ented community. The Town is fortunate to have significant natural resources, Management program (CAMA) provide the framework in which to analyze and
1s--------- -- ----- ----------- by the North
including the ocean and its beaches, the Sound, a complex natural area called project these future growth pressures, identify the problems and concerns they
' actions for dealing with them.
t policies and a Carolina Coastal
Nags Head Woods and unique geological features like Jockey's Ridge. Nags raise, and to identify appropriate pot e g �________________________________ Thousands
16---------------------------------------------------------k,---------------.------- 600 Management
Head is a recreational wonderland, closely tied to its natural environment. CAMA mandates that coastal localities update their land use plans at least every g
Nags Head, from early beginnings in the 1800s has consisted predominantly five years.
14---------------------------------------------------------- §------------------------------------------------------- Program,
of single family cottages and a few motels. Family operated businesses and cot- The essential purpose of the Land Use Plan is to permit Town officials to S00__________________________________________________--------_-__-_--_---___________ ----- ---- through funds
. ..-------------------------------------- ugh
tage courts made up the commercial sector of Nags Head. These factors con- make the most deliberate and informed decisions as possible about future 12
----------------------------------------------------------- ----- -^�--------------.------------------------------ provided by the
tributed to a certain charm, and a slow and relaxing pace of life. The Town has growth. The plan attempts to comprehensively analyze the likely impacts of _ 400 --------------------------
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
been and still is an annual vacations of for a countless number of families who growth, identify Town goals with respect to these impacts, and present policies - ------ Coastal Zone
p g fy g p
make repeat visits from the north. For many visitors and residents, Nags Head is and actions to manage this growth consistent with these goals. This plan will be Management Act
a "family beach." used and referenced in the future land use decision -making, and in particular by 8 --- - 300 s
. -9 of 197 2, a
Nags Head has been slow to develop when compared to other resort and vaca- several key sets of local actors: the Board of Commissioners, Planning Board,
. 6 -.------------------------- ���._ _ :�--.- --.- --- ---- ���---------------------- - ----- ----- ---- ----- ------ ------ --- amended which
tion areas along the east coast, e.g., Myrtle Beach, South Carolina; Ocean City, Zoning Board of Adjustment, and the Towns Department of Planning and - 200------------------------------------------------------------------ ----- - - -
.
Ma land. This slow p growth has partly been a result of the remoteness of the Development. In addition, the Board of Commissioners has appointed a -- --__ _ _ ___ ____ ___ _-_____ is administered
g --.---------. - -- - min
Advisory Committee to collect public opinion on planning, as well as ___ ____ _____ ______ _______ _ ____ _____ _________ ___
Town. However, like all of the Dare County beach communities, Nags Head, Citizens' ry p p p g, �-�3 � � �� ' ■Mph _________________________________ _____ ______ ___ _ _ _ _ _ � -_ by the Office of
during the mid -to -late 1980s, experienced tremendous growth and other issues, and to act as liaison between the Board of Commissioners and cite- ___ ___
g - p g 2 --.--.----- --- ---- r ---------
especially---- --- .----
y q� - v � Ocean and
development pressures. As an indication, the permanent population has zens in the community. g
-��� �. 0 ��, i Coastal
increased 80 percent in the last 10 years. The most significant growth pressures Land use planning in Nags Head is a continuous and ongoing process. 0 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90
in the Town are, and will continue to be, generated by seasonal resort develop- Numerous land use decisions are made each month. While the following plan 0-9 10-15 16-21 22-24 25-29 30-34 35-44 45-54 55-59 60-64 65-74 75-84 85+ Resource
ment. The challenge the Town is now facing is how to balance the needs of resi- represents the codification of Town policies at one point in time, the Towns Ages �Y K nt RetaiUWholesale Recreation Management,
' n Use Plan i s dynamic and evolutionary. Hopefully, this plan provides the 1980 ����� 1990 Restaurant - _...__ .
dents, visitors, and the tourist industry and not destroy those natural and cultural Land U y ry p y, p p �� .
. .. .. National
features which has made Nags Head an attractive place to live and visit. basis for understanding the implications of future land use decisions (including 9 Service Office .
' owners failing to take action and will serve as an overall framework for guiding future Source: U.S. Census and Preliminary 1 90 U.S. Census. (June 10, 1991 Data.) Oceanic and
The 1990 Land Use Survey of the attitudes of residents and property owes g }, g g
found that most were in agreement that Nags Head should remain the family-ori- decisions by the Town. Square Footage (built or remodeled) Atmospheric
ented beach it has been. The survey results also highlighted the high importance Copies of the Land Use Plan are available for review in the Office of the Administration.
placed by residents and non-resident property owners on the quality of the natur- Town Clerk and in the Planning and Development Annex.
s
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CAPE HATTERAS NATIONAL SEASHORE
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NATIONAL SEASHORE
Land Use Plan Policies
The following are 16 policies which represent and summarize the majority of the action policies in the
Land Use Plan. Following each policy (in parentheses) is the priority for that policy. The timing for com-
pletion of policies are based upon the priority assigned and are as follows: Highest Priority - within two
years; High Priority - within four years; Priority - within six years; and Low Priority - within eight years.
Some policies which were rated less than High Priority represent issues and concerns which: (1) may not
demand considerable Staff time and resources; (2) are beyond the direct control of the Town; or (3) are on-
going projects to which the Town is committed.
1. Protect the physical and visual integrity of the estuarine shoreline. (High Priority)
2. Protect the integrity of ocean beach and dune system and recognize the natural processes and dynamics
of the shoreline. It is the Town's policy that sea walls, jetties and groins or other artificial devices designed
to stabilize the ocean shoreline shall not be permitted, but the Town shall allow the use of sand bags and
sand -pushing to temporarily protect threatened structures until they can be removed from the site. (High
Priority)
3. Reduce the risks and vulnerability of structures to damage and loss from hurricanes and coastal storms
in advance of such events. (Priority)
4. Lobby the North Carolina Department of Transportation to make needed improvements to South
Croatan (US 158), South Virginia Dare Trail (NC 12), and US 64/264 throughout the entire region. (Low
Priority)
5. Take appropriate actions to protect the quality of estuarine and groundwater resources recognizing the
interrelationships between land use and water quality. (High Priority)
6. Encourage a mixture of land uses that consist predominantly of single family and duplex structures. The
Town feels that commercial activities should be oriented to providing services for residents and visitors.
(Low Priority)
7. Protect the visual, physical and aesthetic qualities of Nags Heads, including open space and the historic
CAPE
HATTERAS NATIONAL SEASHORE
district. (High Priority)
8. Increase public access and the amount of recreation open space along the ocean and estuarine shorelines
and increase open space in other areas. (Priority)
9. Plan for municipally -owned or operated active and passive recreational areas as well as the need for a
Town Park and other traditional municipally -provided recreational facilities to meet the needs of the
Town's residents. (High Priority)
10. Protect Nags Head Woods as a critical and important natural feature of the Town. (Priority)
11. Provide basic infrastructure and services, i.e., police, fire protection, solid waste collection, and water
service to meet the needs of growth. (Priority)
12. Continue to provide for adequate, economical, and environmentally -sound methods for the disposal of
solid waste. (High Priority)
13. SPECIAL DEVELOPMENT ISSUE -Preservation of Natural Vegetation and Topography. Develop an
innovative and unique set of regulations, guidelines, and development review processes which will help
preserve topography, vegetation, and other characteristics which will preserve the family beach and the
image of Nags Head as Nags Head. (Low Priority)
14. SPECIAL DEVELOPMENT ISSUE -Comprehensive Plan. Develop a comprehensive plan to coordi-
nate land use decisions to ensure the Town maintains a positive quality of life while at the same time
accommodating new development. (Low Priority)
15. Continue to provide a strong citizen participation program for the future. The Town seeks to maintain
strong citizen involvement in all levels of government and will seek participation techniques to assure that
all segments of the community have a full and adequate opportunity to be informed and to participate
effectively in the planning and decision -making process. (High Priority)
16. Continue to cooperate with other municipalities on the Dare Outer Banks, with the County, State and
federal government in pursing all the aforementioned policies. (Priority)
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Town of Nags Head
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F - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -•
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1970
1975 1980 1985* 1990 1995
PERMANENT POPULATION
DARE COUNTY AND TOWN OF NAGS HEAD
Dare County % Inc. Nags Head % Inc.
1960 5,935
1970 6,995 15 % 414
198013,377 91% 19020 146%
19901 229746 70% 19838 80%
Source: U.S. Census.
iSource: N.C. Office of State Budget and Management.
Preliminary U.S. Census.
Miscellaneous population data:
November 1990: 187 students from Nags Head enrolled in Dare County
Schools.
November 1990 election: 1,115 registered voters in Nags Head.
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Date:April 30, 1991
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