HomeMy WebLinkAboutLand Use Plan-2010 (2)1
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Town of Nags Head
2010 Land Use Plan
Adopted by the Nags Head Board of Commissioners on December 1, 2010
Certified by the CRC on February 24, 2011
-, Town of Nags Head 2010 Land Use Plan
Town Board of Commissioners
Robert O. Oakes Jr., Mayor
Wayne Gray, Mayor Pro Tern
' Anna Sadler
M. Renee Cahoon
Doug Remaley
Planning Board
Robert Edwards
Carl (Pogie) Worsley
Susie Walters
Angelina Lowe
' Clyde Futrell
Marvin Demers
Tom Haddon
' Town Staff
Angela Welsh, Planner
7
The preparation of this document was financed, in part, through a grant provided by the North
L 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 and Atmospheric Administration
11
IJ
' NOTE: The terms, definitions and applicability of this Land Use Plan may relate to technical or
legal issues beyond the scope of this Land Use Plan and/or may require specialized technical or
legal analysis beyond the scope of this Land Use Plan.
Table of Contents
Introduction 1
Community Concerns and Aspirations 3
Key Issues
5
The Vision Statement
6
Analysis of Existing and Emerging Conditions
9
Population, Housing and Economy
9
Population
9
1. Seasonal population
10
2. Age of the population
12
3. Racial composition
13
Housing stock
13
Local economy
14
1. Tourism
14
2. Occupancy tax
17
3. Accommodations
17
4. Commercial development
19
5. Commercial fishing
21
6. Income
22
Projections
23
Natural Systems Analysis and Mapping
25
Environmental Composite Map
25
Water Quality
27
1. Pasquotank River Basin wide water quality plan
28
2. Ocean and estuarine outfalls
28
3. Groundwater and ocean over wash
29
4. Water quality monitoring
30
Natural Hazards
31
1. Hurricanes and tropical storms
34
2. Nor'easters and extra tropical storms
35
3. Rain/storm water- areas of frequent flooding
35
4. Coastal erosion
36
5. Tornadoes, straight line winds, and waterspouts
36
6. Wild land, Brush, and forest fires
37
i
7. Protection of water supply 37
8. Sewage treatment plants and septic systems 37
9. Sea level rise 37
Natural Resources
38
1. Oceanfront shoreline and beach area
39
2. Description of beach habitats
39
a. The Beach
39
b. Dunes
39
c. Dune habitat
40
3. Legal framework
40
a. Private property
40
b. Public property and Public trust
40
4. Regulatory environment
41
a. Coastal zone management program
42
b. National Flood Insurance Program
42
c. US Fish and Wildlife Service
42
d. US Army Corps of Engineers
43
e. Coastal Area Management Act
43
f. Ocean Hazard areas of environmental concern
43
g. The North Carolina Division of Marine Fisheries
43
h. Town Code regulations
44
i. Land based zoning
45
j. Extraterritorial zoning
45
k. Water based zoning
45
5. Estuarine Waters and shoreline
45
a. The Albemarle -Pamlico Sanctuary
45
b. Nags Head shoreline
46
c. Estuarine Areas of Environmental concern
46
d. Flood zones
46
e. Local Authority
47
f. Town code regulations
47
g. Zoning regulations
47
6. Public water supply
47
7. Soil characteristics
48
Analysis of Land Use and Development
48
1. Existing Land Use Map
48
2. Land Use Analysis
51
a. Commercial and non-residential development
52
b. Commercial residential
52
3. Historic, Cultural, and Scenic Areas
53
a. Jockeys Ridge AEC
53
b. Nags Head Woods
53
4. Projection of Future Land Use Needs
55
a. Land availability
55
b. Future land use needs
57
c. Non-residential land use needs for 2010-2030
58
ii
5. Community Facilities
a. Public and Private Water Supply systems
b. Public and private Wastewater Systems
c. Septic health program
6. Transportation Systems
a. Transportation improvements
b. Hurricane evacuation
c. Traffic congestion
d. Sidewalks, multi -use paths and bike paths
e. Alternate forms of transportation
f. Alternative energy sources
1. Wind energy
2. Solar energy
3. Wave energy
7. Storm water Systems
8. Other Facilities
a. solid waste collection
9. Land Suitability Analysis
Review of Current CAMA Land Use Plan
1. Effectiveness of Policies from 2000 Land Use Plan
2. Conflicts between 2000 Land Use Plan policy & local ordinances
3. Land Use Plan policies
Plan for the Future
Community Concerns and Aspirations
1. Vision statement
Needs and Opportunities
Policies
Land Use Plan Management Topics
1..Public Access
2. Land Use Compatibility
3. Infrastructure Carrying Capacity
4. Natural Hazard Areas
5. Water Quality
6. Local Areas of Concern
Consistency between Future Land Use Map and CAMA Land Use Plan
' Comparison of the Environmental Composite Map, LSA Map and Future Land
Use
I
Analysis of impacts of policies on management topics
Future Land Use Map
60
60
61
62
64
64
65
65
66
66
66
67
67
67
68
68
68
73
73
73
73
87
87
87
89
89
91
91
94
96
98
100
102
107
108
108
120
Tools for Managing Development 123
Guide for land use decision making 123
Existing Development Program 123
Additional Tools 124
Action Plan Schedule 124
Appendices and References
Appendix A
Citizen Participation Plan
Appendix B
2006 Land Use Plan survey results
Appendix C Maps
Existing Land Uses
Area of Environmental concern and Environmentally Fragile Areas
Composite Map of Environmental Conditions
Special Flood Hazard Areas
Land Suitability Analysis
Soils and Septic Suitability
Storm Surge Inundation Areas
Water System and Proposed Water System Projects
Wetlands
Roads
Closed shellfish harvesting areas
Future Land Use Map
Appendix D List of Tables
Table 1 Key Issue and Concerns from Phase I
Table 2 Population Growth of Nags Head and Dare County
IV
Table 2 Population Growth of Nags Head and Dare County
Table 3 Dare County Municipal & Dare County Populations, 1990, 2000 & 2005
Table 4 Estimate of Potential Peak Seasonal Population, 2005
Table 5 Estimate of Actual and Projected Population
Table 6 Age Characteristics of Nags Head Residents & Dare County
Comparison
Table 7 Hispanic Origin by Race, 2000
Table 8 Dare County Municipal & Dare County Housing Units, 1990 & 2000
Table 9 Residential Building Permits Issued FY 2001-2005
Table 10 Travel and Visitor Indicators
Table 11 Nags Head and Dare County Employment by Occupation
Table 12 Nags Head and Dare County Employment by Industry
Table 13 Nags Head Occupancy Receipts
Table 14 2005 Estimated Rental (Visitor) Accommodations
Table 15 Hotel Demolitions 2000-2006
Table 16 Recent Commercial Developments
Table 17 Dare County Municipal & Dare County Income Comparisons, 1990 &
2000
Table 18 Summary of Actual and Projected Population
Table 19 Summary of Projected Seasonal Population
Table 20 Approximate Number of Dwelling Units at or Near Build -Out
Table 21 Hazard Profile Matrix
Table 22 Flood Insurance Policies
Table 23 Existing Land Use
Table 24 Dwelling Unit Comparison
Table 25 Acreage of Improved and Unimproved parcels by Zoning District
Table 26 Potential for New Building Lots
Table 27 Actual Developed Lot Sizes Per Zoning District
Table 28 Future Land Needs for Residential Development During the Period 2010-2030
Table 29 Projected Land Use in Development 2010-2030
Table 30 Land Suitability Criteria and Ranking
Table 31 Nags Head and CAMA Management Topics
Table 32 Future Land Use
Table 33 Future Land Use Acreage and Projected Land Needs
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Appendix E
Resolution supporting Senate Bill 599 t
Resolution to request State funding for Nags Head Emergency Beach Nourishment Project
Resolution supporting reinstatement of the Upton -Jones Amendment t
Appendix F
Chart 1 Distribution of acreages
Chart 2 Future Land Use Plan Compatibility Matrix
Chart 3 Future Land Use policies and zoning district compatibility matrix
Chart 4 Management Topics Matrix
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Matrix
Community Concerns and As irations Key issues and Vision Statement
3-7
Analysis of Existing and Emerging C n itions
9
Population, Housing and Economy Including 5, 10, 20 year projections. Seasonal
9-13
population, age of population and racial composition
Housing Stock
13
Local Economy Including tourism, Occupancy tax, Accommodations, Commercial
14
development, Commercial fishing and Income
Projections Permanent and Seasonal population
23-24
Natural Systems Analysis and Ma in
25
Mapping and Analysis of Natural features
25
Environmental CompoafttVg2 Class 1 2 and 3 lands
25
Environmental Conditions water quality, natural hazards natural resources
27-48
Analysis of Land Use and Development Exiting land use density
48-51
Land Use Analysis Existing Land Use Map, Land Use Analysis, projection of Future
51-71
Land Use needs, Community Facilities, Transportation Systems, Storm water systems,
Other facilities Land Suitability Analysis
Review of current CAMA Land Use Plan
73
Plan for the Future Land Use Development Goals and Policies
87
Management Topics
88
Public Access Goal: to maintain a viable beach. Objective: public access
91-94
opportunities. Requirements: Establish criteria for access facilities, multi -use paths
and sidewalks access during beach nourishment
Land Use Capability Goal: Ensure development/use of resources or preservation
94-96
minimizes direct and secondary impacts, avoids risks to public health, safety and
welfare, and provides clear direction with capability of the land based on
considerations of interactions of natural and manmade features. Objective: Balance
protection of natural resources and fragile areas with economic development.
Requirements: building density and intensity criteria for each land use designation of
the FLUM. Establish local mitigation criteria and concepts.
Infrastructure Carrying Capacity Goal: to ensure public infrastructure systems are
96-98
sized appropriately and located and managed so quality of the Ace's/fragile areas are
protected or restored. Objective: establish level of service policies/criteria for
infrastructure consistent with projections of future land needs. Requirements:
identify and establish service areas boundaries and correlate FLUM categories with
existing and planned infrastructure.
Natural Hazard Areas Goal: to conserve or maintain barrier dunes, beaches, flood
98-100
plains and other coastal features for natural storm functions and their natural
resources with recognition to public health, safety and welfare issues. Objective:
minimize threats to life, property, and natural resources from development located
adjacent to hazard areas. Requirements: density and intensity criteria for new and
existing development and redevelopment including public facilities and infrastructure
to better avoid natural hazards.
Water Quality Goal: maintain and protect where possible and enhance water quality
100-
in all coastal wetlands and estuaries. Objective: help ensure that water quality is
102
maintained if not impaired and improved if impaired. Requirements: Policies that
vii
help prevent or control no point source discharges, policies and land use categories
aimed at protecting open shell fishing waters and restoring closed or conditionally
closed ones.
Local Areas of Concern: Goal: Integrate local concerns with the overall goals of
102-
CAMA. Requirements: Evaluate local concerns and issues for the development of
105
goals, policies and implementation strategies
Future Land Use Map Depicts policies application for growth and development,
120-
desired future patterns of land use development with consideration given to natural
125
system constraints and infrastructure policies. 14 digit hydrological units
encompassed be the planning area, areas planned for conservation with description
of incompatible uses, areas planned for future development (predominant and
supporting land uses that are encouraged in each area, overall density and intensity
planned for each area, areas for infill, preservation, redevelopment, and existing and
tanned infrastructure
Tools for Managing Development 5 year action plan for implementation, guide for
127
land use decision making, existing development program
Policy Impact Analysis contains description of type and extent of analysis to
108-
determine the impact of Plan policies on management topics, description of
120
policies/programs and processes to mitigate negative impacts on applicable
management topics
' Introduction
The Town of Nags Head is a unique and attractive resort community on the Outer Banks of
North Carolina in Dare County. 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 and sound 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. From its early
beginnings in the 1800s, Nags Head has consisted predominantly of single-family cottages and
a few hotels. Family operated businesses and cottage courts made up the commercial sector of
Nags Head. These factors contributed to a certain charm and a slow, relaxed 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 their home Towns. 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, such as Myrtle Beach, South Carolina and 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 Iate1980s, experienced tremendous growth
and development pressures. As an indication, the permanent population increased 80 % from
1980 to 1990. The most significant growth pressures in the Town are, and will continue to be,
generated by seasonal resort development. The task the Town of Nags Head is now facing is how
to balance the needs of residents, visitors, and the tourist industry, and not destroy those natural
and cultural features that have made Nags Head an attractive place to live and visit. As of March
11, 2005 the Town had approximately 5,524 single-family dwelling units. As more redevelopment
and renovation occur, the Town will need to seek measures to maintain the character of the
existing housing stock. To accomplish this, the Town must seek measures (retrofitting techniques
and careful monitoring of our existing housing during periods of renovation) to ensure that the
existing pattern and character of Nags Head will be enhanced.
The Town exercises authority to regulate activities not only on land but also in adjacent waters.
The General Statutes of the State of North Carolina allows municipalities to extend zoning and
planning jurisdiction into un-zoned county areas up to one mile beyond their municipal
boundaries. Nags Head has established extraterritorial jurisdiction one mile out into the Atlantic
Ocean, one mile west of the Town's estuarine shoreline, one mile south of US 64-264 on the
Causeway, and one mile west of the Town boundary line in South Nags Head. With the
exception of land within the Cape Hatteras National Seashore and some islands in the sound,
the remainder of the ET] area is water.
The 1990 Land Use Plan Survey set of residents and property owners found that most were in
agreement that Nags Head should remain a family -oriented beach. This belief was again confirmed
in the 1996 and 2006 Land Use Plan Survey. The results from both surveys highlighted the level of
importance that residents and non-resident property owners place on the quality of the natural
environment, including such things as access to beaches and the protection of open space. Yet the
growth pressures Nags Head is currently experiencing indicate that the Town has been ,
"discovered," and that this discovery puts in jeopardy many of the features and characteristics that
make Nags Head such an attractive place in which to live and vacation. '
(This space left blank intentionally)
2
Community Concerns and Aspirations
To develop a comprehensive list of existing and emerging issues, a public involvement strategy
was developed that included the formulation of a Land Use Planning Committee (the Lead
Planning Group) as well as a public outreach effort. The Lead Planning Group (LPG) included a
diverse group of individuals and community representatives that served as a steering committee
to guide the Planning Team's efforts and advise the Board of Commissioners throughout the
process. A complete list of the LPG organizations can be found in Appendix A.
The LPG had several meetings to discuss existing and emerging issues. Two public meetings to
gather additional input from the entire community. To support the public outreach effort,
several participation tools were employed. A detailed description of the public participation
process can be found in Appendix A of this Plan.
A list of existing and emerging conditions resulted from extensive coordination and public
outreach throughout the development of the Plan. Coordination of input from the Lead Planning
Group and the public began with the first meetings held with each group in October 2005. The
Lead Planning Group kicked off their first meeting with a brainstorming session to develop a list
of "concerns" about Nags Head. The results of this list were revisited during later public
meetings to add additional concerns. The study team used input from both the LPG and the
public to refine the initial list of key issues. Subsequent LPG meetings in January helped to
refine the list of key issues.
Development of the public survey also helped to gather input on the key issues. The survey,
which was mailed in April 2006 to all resident and non-resident property owners in Nags Head,
was organized by topic areas. These areas were used to group questions and analyze results. In
some topic areas, the survey results enabled comparisons to the 2000 survey. These topics
were identified from public input and LPG input over a span of several months. In May and June
2006, the citizen -survey results were tabulated and shared with the LPG and the public. These
results further helped to refine the issues the residents and property owners felt were
important. The results of the survey can be found in Appendix B.
The list of key concerns/emerging issues was also used to help define management topics that
would be the focus of policy analysis during development of the Land Use Plan.
The community characteristics ranked most important during the 2006 Land Use Plan survey
process were beaches, landscape, water quality and single family homes. Most respondents are
concerned about preserving the community character of the Town (Q5-Q12). Other responses
highlighted concern for bicycle and pedestrian improvements (Q1, Q34) as well as beach
nourishment and beach access amenities (Q1, Q24, Q34).
The dominant growth related conditions which influence land use and water quality are tourism
and the construction of single family homes for vacation rental. The Town hopes to provide a
diverse supply of accommodations, including single-family homes, hotels, and multi -family
dwelling units which attract and are accessible to visitors from a wide range of economic and
social strata.
• Key Issues
Following the public outreach effort, key concerns and emerging issues were refined by '
reviewing existing Town management tools and regulatory procedures, revised CAMA planning
guidance, and other new policies.
The following table represents a summary of key issues and concerns: '
(This space left blank intentionally)
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Key Issues
Table 1 Key Issues and Concerns from Phase I
Public Access
Need to enhance public accesses
Improve amenities at public accesses
Land Use Compatibility
Large vacation rental homes dominating new
development
Need to coordinate land use and transportation
Infrastructure carrying capacity
Need for non -automobile transportation options
US 158 (Bypass) congestion and delays in summer
months
Natural Hazard Areas
Need to acquire and preserve open spaces
Effects of threatened structures along Beach
Water Quality
Storm water management improvements
Need to protect water quality for both beach and
sound
Increasing redevelopment pressures
Local Areas of Concern
Need to protect "Nags Head" coastal architecture
How to accommodate visitors: hotels, rental homes,
cottage courts
Recreation needs for Town residents of all ages
Beach nourishment and protection
Loss of commercial business along Beach Road
Limited options for "workforce housing"
Loss of small, locally -owned businesses / proliferation
of chain businesses
Losing middle income permanent population
Providing public safety for residents and visitors
' The key issues and concerns cited in the above table provided the framework for the
Land Use Plan.
E
• The Vision Statement
Based upon the specific input from the citizen survey, the LPG developed a series of suggested
revisions to the Town Vision Statement. These revisions were distributed to the LPG members
twice via email in July and August 2006. One joint public workshop and LPG meeting in July
provided preliminary review of the revisions. An August 2006 LPG meeting resulted in the final
suggested wording of the Vision Statement. This wording was submitted to the Board of
Commissioners for consideration and action at the September 2006 meeting. The Board held a
work session with the LPG on October 18, 2006 to discuss final changes to the Vision
Statement. Following is the revised Vision Statement which was adopted by the Board of
Commissioners on November 1, 2006.
The Town of Nags Head is working to build a community populated by diverse groups whose
common bond is a love of the Outer Banks. We recognize that the Town must be a good place
to live before it can be a good place to visit. We recognize that those who have lived on this
land before us have forged our path and that we must learn from them and respect their
memory. We recognize that our natural environment is an integral part of our community and
must be considered in all decisions. We recognize that in order to secure this future we must
work together, treating all with respect and fairness and focusing on our common goals.
The Town of Nags Head is working to build a community with an economy based on family
vacation tourism. The base of that economy is a high quality beach experience. Important
elements in developing and maintaining this economy are:
* A relaxed -paced beach community comprised primarily of low -density development and
open spaces
* A diverse supply of accommodations, including single-family homes, hotels, and multi -family
dwelling units, that attract and are accessible to visitors from a wide range of economic and
social strata
* A natural environment typified by clean water and a landscape of sand dunes and non-
invasive, salt tolerant vegetation
* A healthy, well -maintained oceanfront beach that is accessible and usable; not blocked by
large structures
* A carefully managed sound front that preserves the natural and beneficial functions of the
estuarine environment while balancing respect for private property rights and the need to
provide public access.
* A built environment that reflects the heritage of `Old Nags Head"
* A well -organized pattern of land uses that, when combined with a transportation system
that accommodates a variety of travel modes, promotes an active and accessible community
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* Commercial services provided by locally owned and operated businesses that share in the
building of our community
* Recreational amenities and attractions, both commercial and non-commercial that are
wholesome and appeal to a broad spectrum of family members, age groups and interests.
(This space left blank intentionally)
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Analysis of Existing and Emerging Conditions
Population, Housing and Economy
' This chapter begins by looking at statistics concerning the growth of the permanent population
of the Town. It goes on to analyze demographic trends including housing and the local
economy. The remainder of this section discusses the availability of land for future
' development, current development and building trends, and projects peak levels of
development and population growth under total permissible build -out.
• Population
Like most of the North Carolina beach Towns, the Town of Nags Head has experienced strong
increases in population. Census data shows that since 1970, Nags Head's population has
increased at least 45% every ten years. Population estimates for 2005 indicate there is already
greater than a 15% increase in population since the last decennial census. The largest increase
was between 1990 and 2000, where the population went from 1,838 to 2,700 — an increase of
862 persons. Since then, population has increased, but at a slower, yet significant, rate as
shown in the following table.
Table 2
Population Growth of Nags Head and Dare County
Year
Dare County
Percent Change
Nags Head
Percent Change
1960
5,935
1970
6,995
17.9 %
414
1980
13,377
91.2 %
1,020
146.4 %
1990
22,746
70 %
1,838
80.2 %
2000
29,967
13.1 %
2,700
46.9 %
2005
34,790
1 16.1 %
1 3,125
15.7 %
Source: US Census Data, NC Office of State Budget and Management: Fall 2005
In 2005, the Town of Nags Head was home to 3,125 persons.
Department of Commerce, Bureau of the Census, the population i
n
6
Table 3 '
Dare County Municipal & Dare County Population, 1990, 2000 & 2005
Jurisdiction
2005
Estimated
Population 2
2000
Population
1990
Population
Percent
Change 1990
to 2000
Percent
Change 2000
to 2005
Nags Head
3,125
2 700
1 838
46.9%
15.7%
Kill Devil Hills
6,760
5,897
4,238
41%
12.1%
Southern Shores
2,612
2,201
1,447
52%
18.6%
Duck
521
448
N/A
16.3%
Kitty Hawk
3,474
2 991
1 937
57%
13.6%
Manteo
1130
1052
991
8%
6.7%
Dare County
1 34,790
1 29,967
1 22,746
1 33%
1 13.1%
Source: US Census Bureau,
z Source: NC Office of State Budget and Management: Fall 2005
The Division of Coastal Management (DCM) guidelines require input from all groups of
potentially affected residents and members of the public. For coastal communities such as Nags '
Head, the seasonal population is very important to the development of the Land Use Plan.
• Seasonal Population
Making 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 4 presents the methodology and calculations for this procedure. The results indicate that
under existing development, peak daily summer population can approach 37,000 people, this '
number includes permanent plus seasonal population. This is in stark contrast to the 3,100+
permanent residents in the Town. In addition, the number of visitors during the spring and fall
months (the "shoulder season') has increased substantially in the last few years, indicating that ,
during more than half of the year, the Town's potential population exceeds or greatly exceeds
the estimated 3,100+ permanent residents. Table 5 shows an estimate of the actual and
projected permanent population by the North Carolina State Data Center. '
[to]
Table 4
Estimate of Potential Peak Seasonal Population, 2005
Property Type
Total
erties
Properties
Total
#Rooms /
Bedrooms
% of
Total
Bedrooms
Intensity Occupancy
(#
Persons per Bedrooms
Unit/Bedroom x Intensity)
Hotel
19
807
4.6%
3.5
2,825
Cottage Court
15
213
1.2%
3.5
746
Subtotal
34
1,020
5.8%
Multi -Family
505
1,404
8.0%
2
2,808
Sin le Family
1-2 bedrooms
268
522
3.0%
2
1,044
3-5 bedrooms
3,394
12,418
70.4%
2
24,836
6-7 bedrooms
187
1,186
6.7%
2
2,372
8 bedrooms or
greater
150
1,098
6.2%
2
2,196
SF Subtotal
3,999
15,224
86.3%
1
Total
1 4,538
1 17,648
1 36,826
* Hotel and Cottage Court information was derived from current Nags Head privilege license
' information and Dare County tax data
**Multi -Family includes the following property uses: townhouse, condo, timeshare, and
parcels with multiple uses containing residential units
' *A Single -Family dwelling information was derived using a combination of Dare County tax
data and the Nags Head permitting database. This also includes residential units under
construction.
Table 5
Estimate of Actual and Projected Population
Year
Population
1990
1,838
1995
2,029
2000
2,700
2005
3,125
2010(projected)
3,305
2015(projected)
3,592
2020(projected)
3,869
Source:
Center.
Census and projection data: NC State Data
11
• Age of the population
According to Census 2000, the median age of the residents of the Town of Nags Head is about
43 years. This value has been increasing. Ten years earlier, the median age of Nags Head
residents was about 38 years. Statistically the Nags Head resident is older than the average
Dare County citizen, who is around age 40; and older than residents in neighboring Kill Devil
Hills (37 years of age) and Kitty Hawk (41 years old). However, the median age in Nags Head is
less than that for most other NC coastal communities. Compared to other beach communities,
the Nags Head citizen is among the youngest. Over half of the other coastal communities have
a median age over 50. The community with the oldest median age is Pine Knoll Shores (almost
62 years of age). The youngest communities are Kill Devil Hills, Wrightsville Beach (37), Kitty
Hawk, and Manteo.
Table 6
Age Characteristics of Nags Head Residents & Dare County Comparison
Nags
Nags
Change
Dare
Dare
Head
Head
from
County
County
[Age
Pop.
% of
Pop.
% of
1990 to
%
Pop.
% of
Pop.
% of
rou2000
Total
1990
Total
2000
Chan a
2000
Total
1990
Total
nder
121
4%
105
6%
16
15%
1,547
5%
1,580
7%
5
5-19
438
16%
234
13%
204
87%
5,441
18%
3,995
18%
20-24
97
4%
97
50/0
0
0%
1321
4%
1395
6%
25-44
830
31%
688
37%
142
21%
9 219
31%
8 232
36%
45-64
755
28%
449
24%
306
68%
8,315
28%
4,714
1 21%
65+
459
17%
265
14%
194
73%
4 124
14%
2,830
12%
2,700
1,838
29,96
22,746
Source: NC State Data Center
Looking at specific age groups, two cohorts are of significance. The school age group (5-19) is
growing rapidly with an 87 percent increase from 1990 to 2000 (Table 6). There also appears
to be a significant increase in persons at or approaching retirement age. The 45 to 64 age
group saw an increase of 306 persons (68 percent) and the 65+ age group saw an increase of
194 persons (73%). For Dare County, the most significant population increases occurred at the
same age ranges with the 45 to 64 age group increasing the most at 76 percent.
12
• Racial Composition
Both the Town of Nags Head and Dare County are very homogenous compared to the State of
North Carolina. The racial composition is illustrated below.
Table 7
Hispanic Origin by Race, 2000
Total
persons
White, not
Hispanic
persons percent
Black, not
Hispanic
persons percent
Hispanic, all races
persons I percent
North Carolina
70.2%
21.6%
4.7%
Dare County
22,746
1 21626
95.1%
807
3.5%
199
0.9%
Kill Devil Hills
4 238
4,124
97.3%
21
0.5%
51
1.2%
Kitty Hawk
1937
1891
97.6%
2
0.1%
30
1.5%
Manteo Town
1991
863
87.1%
112
11.3%
15
1.5%
Nags Head
1 1838
1766
96.1%
48
2.6%
rl
10.5%
Source: NC State Data Center
• Housing stock
Housing stock for Nags Head, along with Dare County and other coastal communities have
experienced a significant increase since 2000. Nags Head has experienced an increase of
housing units from 4,149 in 2000 to 5,524 as of March 2005—an increase of 33 percent.
Table 8
Dare County Municipal & Dare County Housing Units, 1990 & 2000
Housing Units
Seasonal Housing Units
Jurisdiction
1990
2000
Percent
Change
1990
2000
Percent
Change
Kill Devil Hills
4,809
5 302
10%
2,220
2,610
18%
Kitty Hawk
2,105
2 618
24%
1,049
1,282
22%
Manteo
693
924
33%
94
308
I 22890
Nags Head
3,117
4 149
33%
946
2,952
212%
Dare County
121,567
26,671
24%
6,592
13,355
103%
Source: NC State Data Center
13
The Town of Nags Head is primarily made of single-family residences. According to a 2005
housing survey, of the roughly 4,000 single-family properties, 8 percent contain at least six
bedrooms. The majority of those six -plus bedroom houses are rental properties. Since 2001
(fiscal year), 175 permits for "large homes" have been granted. (Table 9). The increase of
larger homes with more bedrooms reflects the increased potential for large seasonal
populations. As of 2005, with the current housing, hotel, and cottage court properties, the
Town could potentially have a seasonal population of almost 37,000. The Town has developed
an incentive program designed to help ensure that replacement housing will be in keeping with
the "Nags Head image" or vernacular. The Town has created architectural requirements for
large homes and commercial businesses. This encourages all new development to follow a
vernacular style evoking the Nags Head image. The requirements are based on a residential
design manual. Since this program has been initiated, Staff has noted an increase in homes
that pattern this style - even those that are not regulated. Town Staff is currently evaluating
the effectiveness of the commercial portion of this program. The Town also recognizes that the
shortage of affordable "workforce housing" represents a problem in drawing qualified
applicants for Town positions. The Town plans to continue to work with public and private
community organizations and partnerships to develop solutions to the shortage of affordable
"workforce" housing.
Table 9
Residential Building Permits Issued FY 2001-2005
Residential Permits
FY 01-02
FY 02-03
FY 03-04
FY 04-05
Single family
140
104
83
65
Single family -large
6 bedrooms orgreater)
39
66
35
27
Total
179
1 170
118
92
Source: Town of Nags Head
Local Economy
• Tourism
Tourism is the major industry on the Outer Banks. In a study made by the North Carolina
Division of Travel and Tourism and the Outer Banks Chamber of Commerce (1990) it was
estimated that over six million (6,628,881) people visited the Outer Banks in 1989. While there
is no exact measurement of visitors, the Outer Banks Chambers of Commerce annually updates
these projections and estimates for 2005 that there were 7 million visitors to the area.
In 2004, gross retail sales for Dare County were $1,390,590,200 and gross receipts from
occupancy and food/beverage sales were $259,606,340 and $166,047,308. The direct
contribution to the area's economy from travel and tourism for 2003 was $597.79 million,
resulting in 11,060 jobs with a payroll of $153 million dollars (Outer Banks Chamber of
Commerce).
14
Table 10
Travel and Visitor Indicators
Year 1986 1996 % Change 2005 % Change
Aycock Brown Welcome 166,650 198,535 19% 349,253 76%
Center
Jockey's Ridge State Park 329,026 801,889 144% 962,251 20%
While the Outer Banks Chamber of Commerce estimated that there were 7 million visitors in 2005
to the Outer Banks, this says little about the growth in visitation that we have seen in Nags Head
over the years. Table 10 provides an example of the increase in Outer Banks visitation since 1986
by using visitor counts provided at the Aycock Brown Welcome Center and Jockey's Ridge State
Park. The most dramatic increase is the attendance at Jockey's Ridge between 1986 and 1996
where visitation increased by 144%. This is consistent with rapid development that occurred
during this time frame. Visitation after this period continues to increase but at a much more
moderate rate.
The tables below include a breakdown of employment categories by industry and by occupation
for Nags Head and Dare County. As evidenced in these tables, a large portion of the labor force
is employed in construction trades, real estate, finance, retail, or other service related
industries, which are all heavily tied to tourism.
Table 11
Nags Head and Dare County Employment by Occupation
Occupation
Nags Head
Percent
Total
Dare
County
Percent
Total
Management, Professional & related
549
38.1%
4,680
29.7%
Service
170
11.8%
2,668
17.0%
Sales and Office
425
29.5%
4,062
25.9%
Farming, Fishing, and Forestry
32
2.2%
543
3.5%
Construction, Extraction, and
maintenance
204
14.1%
2,554
16.3%
Production, Transportation, and
material moving
62
4.3%
1,189
7.6%
Total Employed Persons 16+
1,442
100.0%
15,696
100.0%
Source: NC State Data Center.
15
Table 12
Nags Head and Dare County Employment by Industry
Industry
Nags
Head
Percent
Total
Dare
County
Percent
Total
Agriculture Forestry fishing hunting and
mining
25
1.7%
538
3.4%
Construction
175
12.1%
2147
13.7%
Manufacturing
56
3.9%
762
4.9%
Wholesale Trade
49
3.4%
424
2.7%
Retail Trade
250
17.3%
2 285
14.6%
Transportation, Warehousing and
Utilities
22
1.5%
517
3.3%
Information
63
4.4%
396
2.5%
Finance, Real Estate, Rental and
Leasing
180
12.5%
1478
9.4%
Professional scientific, management,
administrative, and waste management
services
98
6.8%
1123
7.1%
Educational Health and Social Services
1 159
11.0%
1,910
12.2%
Arts, Entertainment, Recreation,
Accommodation and Food Services
180
12.5%
2 231
14.2%
Other Services (Except Public
Administration)
62
4.3%
768
4.9%
Public Administration
123
8.5%
1 1,117
7.1%
Total Employed Persons 16+
1 1442
1100.0%
1 15,696
1100.0%
Source: NC State Data Center.
Directly related to the local tourist industry, the construction and real estate/financial industries '
contribute greatly to the economic well-being of the Town and the County. In 2004, according
to the Outer Banks Chamber of Commerce, 6.5 percent of the employees in the County were in ,
the construction field. The real estate industry accounted for 12.4 percent of employed
individuals in the County. In 2004, the value of new construction county -wide by building
permit was $342,152,578, with a land transfer value of $14,527,133. For Nags Head the value '
of new construction by building permit for 2004 was $13,629,700. Over the last 20 years the
Town has seen most of it's commercial businesses, once numerous along Virginia Dare Trail,
move to US 158 or go out of business due to chain restaurants and "big box" retailers building '
along US 158. The Town plans to investigate the use of incentives to attract and retain locally
owned businesses throughout the Town. The Town also created the Commercial Outdoor
Recreational Use Overlay Zoning district to accommodate the ever-growing commercial ,
recreational development requests made to the Town. The Town intends to periodically
review the adequacy of these regulations and make the necessary modifications when public
health, safety and welfare issues arise. ,
16
• Occupancy Tax
Occupancy tax is collected by Dare County from all establishments that rent accommodations. This
' tax is collected on rental rooms, lodging, or similar accommodations subject to sales tax.
Distribution is prorated to the amount of ad valorem taxes levied by each Town for the proceeding
year. As Table 13 points out, occupancy tax receipts (the total occupancy amount that is taxed)
' have increased a total of 25 percent during the period from 2001 to 2005 but did experience a
slight decline in 2004.
Table 13
Nags Head Occupancy Receipts
Year
Dollar Amount
2001
57,569,879
2002
63,775,941
2003
67,726,558
2004
67,397,465
2005
171,861,810
• Accommodations
The importance of the tourist industry to the local economy can not be overstated. To
accommodate the numerous visitors several types of accommodations have been developed
throughout Town. Below is a breakdown of dwelling units in the Town of Nags Head as of March,
2005. For a short period of time in 2003, the Town of Nags Head collected a rental privilege
license fee for all single-family rental units. Using this data, the percentage of rental units was
extrapolated as shown in the table below (Table 14). For example, in the single family category of
3-5 bedroom houses, 49 percent (1,666) were rental units. Typically the greater number of
bedrooms, the more likely the unit is a rental. Cottage courts and hotels were considered 100
percent rental since they are required to be rentals by definition. This data does not indicate what
units may be year round rentals and what units are seasonal rentals. Even so, it is not difficult to
realize the significant economic impact tourist accommodations have within the community given
the great percentage of dwelling units that are devoted to rental use.
17
Table 14
2005 Estimated Rental (Visitor) Accommodations
Property Type
# of Rentals
% of total
Total # of
Units
Total #
Rooms/
Bedrooms
% of Total
Bedrooms
Hotel*
19
100%
19
807
4.6%
Cottage Court*
15
100%
15
213
1.2%
Subtotal
34
100%
34
1020
5.8961
Multi -Family**
366
72%
505
1404
8.0%
SF *A
1-2 bedrooms
103
38%
268
522
3.0%
3-5 bedrooms
1,666
49%
3 394
12 418
70.4%
6-7 bedrooms
158
84%
187
1,186
6.7%
8+ bedrooms
141
94%
150
1,098
6.2%
SF Subtotal
2,068
52916
13,999
15,224
86.3961
Total
2,468
54%
14,538
17,648
* Hotel and Cottage Court information was derived from current Nags Head privilege license
information and Dare County tax data
**Multi -Family includes the following property uses: townhouse, condo, timeshare, and
parcels with multiple uses containing residential units
*^Single -Family dwelling information was derived using a combination of Dare County tax
data and the Nags Head permitting database. This also includes residential units under
construction.
Single-family rental houses have become increasingly popular in recent years. The trend has
been to construct larger single-family rental units which can have eight bedrooms or greater
and can accommodate multiple families. A number of factors have contributed to this trend,
including local zoning regulations and the building code. The market has reflected the
popularity of this trend as property values have rapidly increased from 2001 to 2005. Based on
the Dare County Tax Assessment which is re-evaluated every five years and was recently
updated on January 1, 2005, property values in Nags Head have increased anywhere from 50
to 500 percent over the last five years. Typically the value of oceanfront property, which has a
higher percentage of large houses and a greater number of rentals, has seen the highest
increase. Because the demand for single-family rental units has been high, numerous hotels
and cottage courts have been demolished and single-family and duplex structures have been
built in their place. The most recent hotel built in Nags Head was constructed in 2006, the
Oasis, and there has been a significant decline in the number of hotel units. As shown in the
Table 15, demolition permits were issued for thirteen hotels from 2000-2006 totaling 566
rooms.
W.
Table 15
Hotel Demolitions 2000-2006
ISSUEDATE
NAME
UNITS
6 12/2000
VACATIONER MOTEL
-28
4 6 2001
CAROLINIAN HOTEL
-96
11/21 2001
PEBBLE BEACH MOTEL
-104
2/14 2002
SAND PEBBLE
-10
12 14 2001
OLDE LONDON INN
-90
2/8 2000
VIVIANNA MOTEL
-14
6 17/2002
SILVER SANDS ECONO LODGE
-26
2 25/2002
OCEAN VERANDA
-32
3 10 2003
SANDBAR MOTEL
-9
9/18/2003
WHALEBONE HOTEL
-5
6 2/2003
CABANA EAST
-38
6/28/05
SEA OATEL
-80
12/5/06
SEA SPRAY
-24
Although the Town's vision statement places emphasis on single-family dwelling units as the
primary form of accommodation, the Town has been actively working to balance the diversity of
accommodations. In March of 2004, the Town relaxed Zoning Ordinance standards for new
hotel development and created a hotel overlay zoning district, which extends from the southern
boundary of the Village at Nags Head south to Whalebone )unction and the Nags Head
' Causeway. Several additional amendments have been made to assist hotel development in the
Village of Nags Head and in the northern part of Town. As of the summer of 2006, one small
hotel (17 rooms) was under construction on the causeway and approval had been received for
a 90-room hotel within the Village of Nags Head on the west side of NC 12; however, a building
permit had not been issued for this project.
Cottage courts, which can be characterized as multiple single-family and duplex dwelling units
located on a single lot, were once a popular form of accommodation for visitors. In an attempt
to assist cottage court owners the Town has adopted zoning regulations which will aid in their
repair and replacement thus preserving some of the earlier character of Nags Head.
' • Commercial Development -
Most of the existing retail and service commercial development is located along or just off South
Croatan Highway. The majority of businesses in the Town are small in nature and serve primarily
residents and visitors to Nags Head. One major exception would be the Tanger Outlet Stores. The
19
Outlet Stores are 84,000 square feet in area and serve as a regional shopping hub. The Outer
Banks Mall, while larger (136,800 square feet) does not appear to have the regional draw of the
Tanger Outlet Stores.
In recent years the Town has witnessed a number of commercial establishments locating in the
Town. Table 16 depicts the various types of development, and their square footage which has
occurred from 1997 through January, 2006. The Town has experienced a significant increase in
commercial development during this time period. Most businesses are relatively small scale in
nature with floor areas well under 10,000 square feet. The Outer Banks Hospital and the Nags
Head Elementary School are included in the table below which accounts for over 200,000 square
feet of the total floor area.
Table 16
Recent Commercial Development
ISSUE
DATE
FLOOR
AREA
NAME
11 1 2000
82070
OUTER BANKS HOSPITAL
3 9 2001
33796
OUTER BANKS HOSPITAL — MEDICAL OFFICES
5 9 2000
32964
FOOD LION — OUTER BANKS MALL
3 14 2001
27500
YMCA
10 3/2000
14577
OBX WOMENS CENTER
3 9 1999
11813
WHITE STAN OFFICE BLDG
10 26/2001
10092
NORTH BANKS PROF. OFFICES
11 8 2000
9946
BEACH MART — WINGS
10 5 2001
9744
REEF/SUBWAY RESTAURANT
10 26/1998
7251
VILLAGE REALTY
4 2 1997
4983
BASNIGHT APPLIANCES
3 13 1998
4660
FORBES CANDIES & GIFT SHOP
7 7 1997
4236
OUTER BANKS EYE CARE
8/11/1999
3929
OUTER BANKS STEAK HOUSE
2/16/2000
3095
SALLY HUSS GALLERY
7 24 2000
2850
WALKER OFFICE BLDG
1 8/2000
2210
LOGAN'S ICE CREAM COTTAGE
10 18/1999
2000
BEN & CHRIS OFFICE BUILDING
3/1/1997
1283
LITTLE BRIDGE ACCESS SITE & BATHHOUSE
12 4/2000
1200
MUTINY BAY
5 6 1997
500
CHRISTIAN SCIENCE SOCIETY
1/26 2001
6000
NAGS HEAD HAMMOCKS
2 5 2002
2145
OUTER BANKS ASSN. OF REALTORS INC
2/20 2002
1795
HARRELL & ASSOCIATES
2 14 2002
1600
OUTER BANKS BIRDWATCHERS
7 1 2002
953
QUALITY OIL GAS STATION
12 10 2002
6163
OUTBACK STEAKHOUSE
10 30 2002
11819
SUNSATIONS
11 19 2002
9975
QUAIL RUN BUSINESS CENTER
11 22/2002
6576
REEF BUILDING/SUBWAY
20
Table 16
Recent Commercial Development (Cont.)
ISSUE
DATE
FLOOR
AREA
NAME
2/3 2003
6318
OUTER BANKS URGENT CARE
12 20 2002
1212
YMCA BATHHOUSE
12 19 2002
1600
YMCA MEMBER SERVICES BUILDING
6/6/2003
4000
OUTER BANKS CANCER CENTER
2/26 2003
2888
COLDWELL BANKER REAL ESTATE BLDG.
3 13/2003
7676
PRUDENTIAL BUILDING
3 21 2003
2037
SONIC RESTAURANT
4/28 2005
4473
ATLANTIC WINDS RETAIL CENTER
6 28 2004
109873
NAGS HEAD ELEMENTARY SCHOOL
7/15 2005
12368
WOODHILL PROFESSIONAL CENTER
9 30 2005
5120
STILL WATERS BAPTIST CHURCH
1/21 2005
2988
THE FRENCH DOOR GREENLEE BLDG
1 27 2005
5351
APPLEBEE'S RESTAURANT
6 3 2005
3855
BB&T BANK
3 23/2005
1 4577
SOUTH NAGS HEAD FIRE STATION
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. Large buildings and shopping centers, while contributing to the local
economy, also have an impact on Town infrastructure and service. The most common impacts are
increased traffic and traffic accidents, fire and police assistance, accumulation and collection of
solid wastes, consumption of water and potential impacts on the environment. Environmental
impacts can include an increase in stormwater runoff, excessive noise. and glaring lights. Most of
' these concerns are minimized with the smaller, local businesses. The Town plans to consider
incentives and regulations to ensure the amount of land zoned commercial does not increase.
1 • Commercial Fishing
While commercial fishing within Nags Head and our Extraterritorial Jurisdiction (ETJ) waters does
not represent a significant industry in Nags Head, efforts should be made to ensure that
opportunities remain for the commercial fishing activity to continue. For the last two hundred
years, commercial fishing has been part of the culture of the area. There is one crab meat
processing plant at the foot of the Washington Baum Bridge.
21
• Income
The economy of coastal communities such as Nags Head reflects the change of the
demographics of the area. Median family income is over $61,000, an increase of 35 percent
from 1990, and $12,000 more than that of Dare County. Median household income increased
54 percent to over $53,000 (about $11,000 more than Dare County); and per capita income has
the most dramatic increase of 74 percent to about $30,200 (about $6,500 more than that of
Dare County). Nags Head residents' incomes have increased more rapidly and they have higher
incomes than other areas in Dare County. Dare County, according to Census 2000, has
increased 41 percent in median family income, 45 percent in median household income, and 56
percent in per capita income.
Compared to other North Carolina coastal communities, the highest incomes come from Bald
Head Island (#1 in per capita income), Ocean Isle Island (#1 in median household income),
Caswell Beach, and Wrightsville Beach (#1 in median family income). Nags Head has the
highest increase in per capita income beating the second highest Town (Southern Shores at
62%) by 12 percent. The neighboring communities of Kill Devil Hills and Kitty Hawk are in eight
(54 percent) and ninth (47 percent), respectively. Nags Head has the median of the median
family income with Surf City the highest (53 percent). Topsail Beach has the highest increase in
median family income (82 percent) with Nags Head the fourth highest. Kill Devil Hills is the fifth
highest at 51 percent.
Table 17
Dare County Municipal & Dare County Income Comparison, 1990 & 2000
Jurisdiction
Median Family Income
Median Household Income
Per Capita Income
F1990
2000
Percent
1990
2000
Percent
1990
2000
Percent
Chan a
Change
Change
Kill Devil
$30,3
$44,68
147%
$26,37
$39,71
151%
$13,45
$20,67
154%
Hills
25
1
9
2
17
9
Kitty Hawk
$36,1
$48,67
135%
$30,52
$42,81
140%
$15,57
$22,96
147%
67
6
1
3
4
0
Manteo
$30,3
$40,13
132%
$23,40
$29,80
127%
$13,06
$20,22
155%
26
9
3
3
8
2
Nags Head
$45,2
$61,30
135%
$34,37
$53,09.
154%
$17,29
$30,15
174%
65
2
5
5
5
7
Dare
$34,8
$49,30
141%
$29,32
$42,41
145%
$15,10
$23,61
156%
County
91
2
12
1
1
17
4
Source: NC State Data Center.
22
Table 19
Summary of Projected Seasonal Population
Year
Population
Seasonal Population
1990
1,838
11 947
1995
2,029
13.188
2000
2,700
17,550
2005
3,125
20,312
2010
3,305
21,482
2015
3,592
23 348
2020
3,869
25,148
2025
4,117
26 760
2030
4,353
128,294
Census and projection data: NC State Data Center.
Note: This Plan states different numbers for Seasonal population. In some places seasonal
population was calculated with US Census Bureau Data in others data from the NC state Data
Center.
As Nags Head continues to grow and develop, the size of its peak population will grow as well. The
analysis of land availability, permissible development, and building trends, allows us to estimate
the extent of future peak population, and in turn demands placed upon the natural and man-made
' environments. Table 20 represents the likely peak population that would result from the maximum
build -out (between 10 and 20 years), with the current composition of land uses.
Table 20
Approximate Number of Dwelling Units at or Near Build -Out
Potential DUs in 8 Years
DUs
Proj.
Total
Person/DU
Total #
DUs
DUs
SF/Duplex pre-1996
2,917
2,917
8
23,336
SF/Duplex 1996-
848
848
10/20
8,480/16,960
2004
SF/Duplex post-
924
924
10/20
9,240/18,480
2004
Multi -family
424
96
520
6
3,120
Hotel/Motel/
653
80
733
3.5
2,565
Cttq Court
Total
5 746
1 100
5 942
I
46 741/64 461
SF/Duplex=109
M/F =12 units/yr
Hotel =10 units/yr
du/ r
*To illustrate maximum occupancy potential, occupancy for single-family
and duplex post-1996 is calculated using both 10 person and 20 person
loccupancy
24
• Projections
The projections in the table below were developed by the North Carolina State Data Center for
Dare County through the year 2030. In 2000, Dare County's total population was 29,967. Nine
percent, or 2,700 individuals of the County's population, can be attributed to residents of Nags
Head. The State anticipated growth rate for Dare County from 2000 to 2010 is 22 percent,
from 2010 to 2020, 17 percent, and the anticipated growth rate from 2020 to 2025, 15 percent.
This projection assumes that Nags Head's growth will continue to be 9 percent of the Dare
County population. The State Data Center projects the 2025 Nags Head population at 4,117
residents.
Table 18
Summary of Actual and Projected Population
Year
Population
1990
1,838
1995
2,029
2000
2,700
2005
3,12
2010(projected)
3,305
2015(projected)
3,592
2020(projected)
3,869
2025(projected)
4117
2030(projected)
14,353
Census
Center.
and projection data: NC State Data
Permanent population does not, however, capture the real growth pressures that currently and will
continue 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 which the Town must address in the future are generated by this seasonal
component of the population along with the residential and commercial development produced to
accommodate it.
The State Data Center does not establish projections for seasonal population. Information from
The Outerbanks Visitors Bureau shows a slight increase in seasonal population in the last few
years. Unfortunately, the information acquired from the Tourist Bureau does not include
information on attractions in Nags Head. Dare County is currently using the seasonal population
provided by the OuterbanWs Visitors Bureau to establish projections. The County compared the
seasonal population to the County's permanent population and found the seasonal population
represents a 6.5 to 1 ratio over the permanent population. The Town of Nags Heads seasonal
population has been projected by using a 6.5 to 1 ratio.
23
INatural Systems Analysis and Mapping
Mapping and Analysis of Natural Features
The vitality of the Town of Nags Head as a resort destination depends heavily on our natural
' environment. It is the Town's ocean and sound shorelines, along with our water resources, that
bring people to the community and provide the basic recreational and aesthetic amenities
fundamental to Nags Head's existence. As growth continues in the Town, the pressures placed
' on the use and development of the natural environment will increase as the few remaining
parcels are developed. The Town believes it must take an active role in managing and
protecting the Town's natural resources.
' Barrier islands such as the Outer Banks act as a natural barrier protecting the estuaries and
mainland from the direct effects of wind and waves. Once a barrier island is formed —a process
that may take thousands of years —it often begins a natural process of migration. As sea level
rises, the action of wind and waves will push barrier islands towards the mainland. At times, the
process of migration can happen quickly, such as during hurricanes or other major storms, but
more often this migration is a slow process measured in inches or a few feet per year. In this
natural system sand is transported by wind and waves (and in some cases by inlets) from the
ocean side of the barrier island across the island and deposited along the estuarine shoreline,
' providing sand for construction of new marshes. As the oceanfront loses ground, additional land
area is forming on the estuarine side of the island, thus the island migrates. When
development, artificial dunes, and man-made structures block this natural movement of sand,
erosion of both the estuarine and ocean shoreline often results, which influence and determine
the extent of man's encroachment into this unique fragile, yet resistant and dynamic
environment.
' On a barrier island, the evolutionary process of migration coupled with man's strong desire to
develop the coast provides a challenge to communities such as Nags Head. The challenge is
how best to develop our coast while at the same time recognizing that these natural forces may
' also destroy what man has built. This chapter includes a description of the natural environment
within and adjacent to Nags Head, the natural and manmade hazards that have a significant
role in shaping the way this community plans and develops, and the regulatory and
' administrative programs that exist to protect important natural resources. It also includes a
discussion of land suitability whereby existing environmental conditions are analyzed to
determine the capabilities and limitations for development.
' Maps of the features were developed, using the 14-digit hydrological units delineated by the
Natural Resources Conservation Service, as the basic unit .of analysis. The Town is located
' within USGS 14-digit hydrological unit 03010205230020 and 03010205240060 as indicated in
the Pasquotank River Basin wide Water Quality Plan, September 2007
• Environmental Composite Map
' The Environmental Composite Map was developed using the default model provided by the
Division of Coastal Management. The purpose of the model is to identify areas less suitable for
development based on limitations imposed by environmental and natural features. The
environmental composite map contained in Appendix C shows the location of the following
three categories of land:
■ Class I: Land containing only minimal hazards and limitations that may be
addressed by commonly accepted land planning and development practices Soils
with slight limitations for septic tanks
■ Soils with slight erosion hazards
■ Non -wetland area or wetland rated beneficial and not
■ high potential risk (NC -CREWS)
■ Land located outside 100-year flood hazard area
■ Land located outside storm surge area (slow moving
■ storm)
■ Land located outside designated historic districts or more
■ than 500 feet from a historic or
■ archaeological site
■ Class II: Land containing development hazards and limitations that may be
addressed by methods such as restrictions on types of land Uses; special site
planning; or the provision of public services
■ Estuarine shoreline
■ Ocean erodible area
■ High hazard flood area
■ Inlet hazard area
■ Land located outside designated historic districts or more
■ than 500 feet from a historic or
■ archaeological site
■ Soils with moderate to severe limitations for septic tanks
■ Soils with moderate to severe erosion hazards
■ Non -coastal wetlands rated as beneficial and high potential
■ risk or substantial significance (NC -CREWS)
■ Land located within a 100-year flood hazard area
■ Land located within a storm surge area (slow moving storm)
■ HQW/ORW watersheds
■ Water supply watersheds
• Wellhead protection areas
■ Class III: Land containing serious hazards for development or lands where the
impact of development may cause serious damage to functions of natural systems.
■ Coastal wetland
■ Estuarine waters
• Public trust areas
■ Unvegetated beach area
■ Non -coastal wetlands rated as substantial significance with
■ high potential risk or exceptional significance with or
■ without high potential risk (NC -CREWS)
There are virtually no Class I lands located within the Town limits. Much of the developed land
area contained within the corporate limits of the Town of Nags Head is Class II. Class III lands
constitute many of the AECs, wetlands, or protected areas such as Nags Head Woods or
Jockey's Ridge State Park. Maps of natural features not included in this plan are available to
26
the public in the Town of Nags Head's Planning and Development Department. There are no
new areas expected to experience development during the next five (5) years. Any infill will
take place on already developed Class II land contained within the corporate limits of the Town.
• Water Quality
The Town is using the final Pasquotank River Basinwide Water Quality Plan September 2007
available at the North Carolina Division of Water Quality website. The Division of Water Quality has
concluded that its current coastal stormwater rules have not adequately addressed water quality
impacts to Public Trust waters. Additionally, DWQ's review of scientific studies has resulted in a
determination that local governments who simply defer to state and federal rules to address water
quality issues result in impaired water quality based on the following conclusions:
• 10% impervious or greater areas can be linked to local stream degradation
• Biological diversity has been shown to drop when area of impervious surface increases
beyond 10%-15%
' • Stream stability is affected when impervious surface approaches 10% in an area
• Estuaries generally degrade after 10% impervious surface area occurs
• Sensitive fish species loss increases after about 12%
(Added per request by Charlan Owens DCM NE District Planner from a presentation by Tom
Reeder, DWQ, to the CRC at January 2006 meeting. The Coastal Stormwater Rules have since
been modified and updated by the State legislature.)
The Town has also taken additional measures to address water quality issues. At the end of 2001,
the Town instituted the Septic Health Initiative which provides incentives and education to
homeowners to have their septic systems inspected and pumped on a regular basis. In 2006, the
Town completed an extensive on site stormwater retention area adjacent to the Roanoke Sound.
The Harvey estuarine access site consists of a rain garden to capture rainwater and runoff and
cisterns which capture rain water which is then used for irrigation. There are also approximately
850 acres of land preserved throughout the Town, through local private and federal ownership.
As the Town continues to grow more and more of the ground's surface area will be covered with
buildings, parking lots and roads. When development is in close proximity to the shoreline which
contains a large portion of its area in impervious surfaces (e.g., parking lot pavement, roadways),
the potential for runoff into estuarine waters is increased. 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 adverse impact on estuarine water quality.
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 saline water. The
sources of water for the Sound are primarily from inland rivers and tributaries. 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 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. The Town does have
27
stormwater outfalls into the ocean. Although there are signs warning of possible toxin hazards,
which remain up year around, there is no historical data to show toxin releases in the area of the
outfalls. The shellfish harvesting map in Appendix C shows areas closed to shell fishing. The area
at Nags Head Woods is closed due to lack of oxygen in the water due to the shallow depth. The
area at Villa dunes was closed due to a wastewater discharge pipe. The discharge pipe has now
been closed off. The area off of the Nags Head Cove neighborhood is possibly being affected by
lawn chemical runoff as well as oil and gas from the many boats located there. The area around
the causeway is closed due to a lack of oxygen in the water because of the shallow depth.
• Pasquotank River Basinwide Water Quality Plan
In September 2007, the North Carolina Division of Water Quality (DWQ) adopted a basinwide
water quality plan for the Pasquotank River basin which includes the Town of Nags Head. The
Town is in sub basin 03-01-56 which encompasses the Outer Banks from northern Dare County
south to Oregon Inlet. The goal of the basin wide plan is to identify water quality problems in
impaired waters and restore them to full use as well as protect unimpaired waters. The
Basinwide plan states 40.3 acres of Pond Island are impaired for shellfish harvesting and will
remain on the States 303(d) list. Pond Island is also located in 03-01-51 which encompasses the
Alligator River and several tributaries. Seven areas of the Roanoke Sound are also considered
impaired and will remain on the States 303(d) list as well. The surface waters discussed above are
not impaired. However, water quality concerns were documented for these waters during DWQ's
assessment. According to the Sanitary Survey of Roanoke Sound, Area H1 (October 2002 and
August 2006), little changes in water quality were detected and an additional 10 acres of shell
fishing waters were closed at the canals of Old Nags Head Cove. According to the Sanitary Survey
of Eastern Albemarle Sound, Area I-2 (June 2005), water quality has improved with a few
exceptions. A map of shellfish growing areas is included in the Appendix. The Environmental
Management Commission (EMC) water quality classification systems is as follows:
■ C & SC Aquatic life propagation/protection and secondary recreation. (ie. Boating, wading)
■ B & SB Primary recreation and Class C uses. (i.e. swimming)
■ SA Waters classified for commercial shellfish harvesting.
■ WS Water Supply classifications are assigned to watersheds based on land use of the area and
have a set of protective management strategies.
■ WS-I provides the highest level of protection and
■ WS-V provides for lower protection. A Critical Area is also listed for watershed areas within 1/2
mile and draining to the intake.
• Ocean and Estuarine Outfalls
Within the Town there are five ocean outfalls operated and maintained by NCDOT. The
northern outfalls, Carolinian, Curlew, old Casino (Kitty Hawk Kites), and Conch Street generally
drain some of the land areas between NC 12 and US 158. Direct runoff from portions of US 158
is eventually channeled through several of these outfalls. The outfall in South Nags Head drains
much of the ditch alongside NC 1243. With the exception of the South Nags Head outfall, the
other outfalls primarily function during storm events.
On the sound side, there are several drainage channels or outfalls extending from US 158 to the
Sound. Going from north to south, these are: Soundside Road, Danube Street and Blue Fin
1%:3
Canal in Old Nags Head Cove, The Village at Nags Head outfall near Forrest Street, and outfalls
at Finch, Grouse, Glidden, Gull, and one at Whalebone Junction. In addition, there are at least
three outfalls (ditches) in South Nags Head leading to the sound.
The outfalls were installed to drain areas of NCDOT concern, areas of Town concern, and areas
of private concern. The outfalls are fed by a network of connecting ditches and culverts, some
of which are NCDOT facilities, some of which are Town facilities and some of which are private.
Maintenance of the outfalls is NCDOT responsibility and generally consists of routine cleaning.
For ditches which are under direct Town control there is a routine maintenance program
performed by the Town's Public Works Department. Due to the complex nature of outfalls and
permitting requirements there is a strong possibility that there will be no new outfalls
constructed in the future. One of the most critical components of a functioning outfall is routine
maintenance.
At this time, a major study is underway to profile the characteristics of the drainage areas
served by these outfalls (types and concentrations of development), develop groundwater
contours of the drainage basins at various times of the year, sample and characterize the
stormwater exiting the outfalls, and develop proposed pilot treatment systems to improve the
quality of the stormwater when it is discharged. This is a multi -year study that is being
conducted under contract with NC-DENR.
The Village at Nags Head Wastewater Treatment Plant was constructed in 1988 and has a
permitted capacity of 500,000 gpd. It is owned by Carolina Water Service, Inc. of NC. In July
2009 it experienced a peak daily flow of 406,000 gallons. The plant is of modular construction,
designed with five parallel Aero-Mod units, each with a rated capacity of 100,000 gpd. However,
the fifth unit has never had the Aero-Mod equipment installed. It is currently used as an
emergency overflow tank. Therefore the plants true capacity is only 400,000 gpd. The treated
effluent flows to one of two 125,000 gpd spray beds, or to the infiltration pond, rated at
334,889 gpd. For a number of years, the plant has emitted highly objectionable odor to the
surrounding residential and commercial development. A detailed engineering report, completed
in September 2009, noted numerous deficiencies. The plant is currently going through the
Special Order by consent (SOC) process with NCDENR-DWQ.
The recommendations made by the engineering consultant included installing a filter at the
plant influent to provide primary treatment, converting the fifth module to a reactor basin (as
was originally intended), and removing clogged surface material from the spray irrigation beds
and replacing it with properly graded sand.
■ Groundwater and Ocean Over wash
As with any low lying coastal community, surface groundwater and ocean over wash are areas
of concern. The Halloween storm of 1991, which was a northeaster following a late season
hurricane, caused an erosive wave pattern which eroded significant dune areas and caused
significant ocean over wash. Subsequent storms in the winter of 1992/1993, and the summer of
1994 resulted in some over wash due to the dunes that were weakened in the Halloween storm
of 1991. Some of the areas affected by the over wash drained relatively quickly, while standing
water affected some areas for a week or so. The flooding is currently sporadic, and while
immediate resolution is not needed it should be noted that the ocean over wash flooding cannot
016
be prevented by the Town acting alone, but might be mitigated or reduced by a community -
wide beach nourishment program.
The 1990 Stormwater Management Plan and Ordinance addresses ocean over wash however,
the 2006 plan does not. Development plans in areas identified as in the Over wash Drainage
District, by the 1990 Stormwater Management Plan; indicate how ocean over wash flooding will
be managed. Swales, culverts, and other features will be necessary to allow drainage from
ocean over wash. In addition, proposed development will not create obstructions or interfere
with existing over wash patterns, rates or volumes except where alternative management
facilities are provided and approved by the Town.
■ Water Quality Monitoring
The N.C. Recreational Water Quality Program began testing coastal waters in 1997. Their
mission is to protect the public health by monitoring the quality of North Carolina's coastal
recreational waters and notifying the public when bacteriological standards for safe bodily
contact are exceeded. The coastal waters monitored include the ocean beaches, sounds, bays
and estuarine rivers.
Primary tests are conducted for enterococcus bacteria, an indicator organism found in the
intestines of warm-blooded animals. While it will not cause illness itself, its presence is
correlated with that of organisms that can cause illness.
The program currently (2006) tests in Nags Head. Swimming season runs from April 1 to
September 30 - all ocean beaches and high -use sound -side beaches are tested weekly. Lower -
use beaches are tested twice a month. All sites are tested twice a month in October and
monthly from November through March. The results for all sampling are posted on the following
website - www.deh.enr.state.nc.us/shellfish.
The Recreational Water Quality program is implemented in full compliance with the Beaches
Environmental Assessment and Coastal Health Act of 2000.
The indicator organism used to test is called enterococcus, and when levels are exceeded based
on the tiers below, a swimming advisory or alert is issued.
Tier 1- These beaches are used on a daily basis. All ocean beaches are considered Tier 1-
single sample maximum 104 enterococci per 100 ml water or a running monthly average
(geometric mean) of 35 enterococci per 100 ml water. There are 92 Tier 1 sites.
Tier 2 - These beaches are used an average of three times per week. The single sample
maximum is 276 enterococci per 100 ml water. There are 104 Tier 2 sites.
Tier 3 - These beaches are used an average of four times per month, or used less
frequently but intensively for special events such as triathlons. Single sample maximum
for these sites is 500 enterococci per 100 ml of water. There are 44 Tier 3 sites.
Since 2000, the Town of Nags Head has both funded and operated the Septic Health Initiative.
The program targets property owners with gravity on -site waste systems and offers them
incentives to inspect and pump (if needed) their septic systems. In addition, low -interest loans
' are available to owners with systems in need of repair or replacement. Water Quality Monitoring
is a very important aspect of the Septic Health Initiative. The goal is to determine if the use of
' on -site waste disposal is affecting water quality in the Town of Nags Head. The Town monitors
surface and ground water for enterococcus, fecal coliforms, nitrates, and other parameters. The
Jockeys Ridge Soundside Access has been under advisories based on testing by the NC
' Recreational Water Quality Program since 1996. The water depth in the area is very shallow
and does not experience wave action to oxygenate the water.
' The North Carolina Department of Environment and Natural Resources -Division of Water Quality
(DWQ) and Shellfish Sanitation Branch classify saltwater areas in regard to the quality and safety
' of the water for human and aquatic use. With the exception of three areas, all of the soundside
areas in Nags Head are rated by DWQ as SA, the highest quality for recreational uses and aquatic
organisms. The three areas in the sound which are closed to shell fishing, are: (1) an area off Nags
' Head Woods near the Town's northern municipal boundary and just downstream from the former
Ocean Acres sewage treatment plant in Kill Devil Hills, (2) areas along both sides of the Manteo—
Nags Head Causeway and (3) an area in the sound off the Villas Condominiums where the
wastewater discharge pipe is located, (this pipe no longer discharges and all sewage disposal for
the Villas is by land application. The only sewer treatment discharge, in Nags Head, has been
eliminated.) The Town through the Septic Health program, monitors water quality through
twenty-six (26) sampling sites consisting of wells and ditches.
' Salt marshes and estuaries along the North Carolina coast serve as nursery grounds for 90 percent
of fish species. North Carolina was the first state to protect these fragile ecosystems. The nursery
' system in North Carolina contains 3 categories:
■ Primary nursery areas;
■ Secondary nursery areas; and,
' ■ Special secondary nursery areas.
The estuary adjacent to Nags Head does not contain any of the above nursery system categories.
■ Natural Hazards
' Nags Head is positioned as a barrier island community along the mid -Atlantic coast of the
United States located between the Atlantic Ocean and the Roanoke Sound. Hurricanes and
' tropical storms generated in the Atlantic and Gulf of Mexico continually threaten the Outer
Banks of North Carolina. Low pressure systems moving from west to east across the United
States commonly move offshore into the Atlantic and intensify, creating coastal storms or
' 'Nor'easters' which produce high winds, wave action and flooding along the eastern seaboard.
Hurricanes, tropical storms and coastal storms represent the primary hazards that threaten life
and property within Nags Head. These events occur more frequently than any other hazard
tand historically have presented the greatest potential for damage.
Sources of flooding can come from three events: (1) ocean wave action, storm surge and over
' wash, (2) soundside (estuarine) wave action, storm surge and over wash, and (3) severe
rainfall events that can accompany a hurricane or storm. These events create unique concerns
in each area of Town and may require a multitude of preparation actions. While the following
31
discussion focuses on hurricanes, extratropical storms, and northeasters; the Town does on rare '
occasion experience winter ice and snowstorms, waterspouts, and less frequently; tornadoes
and wildland, brush, and forest fires. Other hazards discussed include terrorist threats, ,
chemical spills, drought, and erosion. A very slight possibility exists that Nags Head could
experience indirect impacts from volcanic activity, earthquakes, and tsunamis. These are
discussed briefly. '
(This space left blank intentionally)
32
Table 21
Hazard Profile Matrix
Hazard
Frequency
Severity
Magnitude /
Comment
of
Level
Distribution
Occurrence
Hurricanes/Tropical
Likely
Limited to
Moderate
Negligible injuries due to predictability of storm;
Storms
Critical
negligible to catastrophic property damage
depending on intensity and duration of storm
Norlmsters
Highly
Negligible
Mild to
Similar to hurricanes; depends on intensity and
to Critical
Severe
duration of storm
Flood
Likely
Limited to
Moderate
Can result from coastal storms or intense rainfall
Critical
events; depends on intensity and duration of storm
Coastal Erosion
Highly
Negligible
Mild to
This is normal erosion (not erosion impacts from
Moderate
severe storms); normal erosion occurs every year
but impacts are gradual and predictable
Tornadoes/
Likely
Limited
Moderate
These hazards have occurred during hurricanes or
Straight Line
thunderstorms but little documentation exists to
Winds/ Water
analyze frequency or impacts
Spouts
Terrorism
Possible
Catastrophic
Severe
Nags Head is less than 75 miles from a primary
terrorist target (Port of Hampton Roads and NOB
(Naval Operations Base) — Norfolk); main threat
would be chemical or biological attack spread by
blowing winds; no history to base an accurate
analysis.
ice Storms
Possible
Negligible
Mild -
Last ice storm in 1996 with limited impacts
to Limited
Moderate
Chemical Spills
Likely
Limited
Mild to
These could include propane tanks rupturing,
Moderate
gasoline and fuel oil spills, and hazardous
chemicals stored in flood prone areas
Wildland. Brush
Possible
Negligible
Moderate
Homes are isolated from areas of heavy brush /
and Forest Fires
Homes are accessible to firefighting equipment;
some areas of woods are not
Protection of Water
Possible
Negligible
Mild
Drought can affect contaminant levels; other water
Supply
sources could mitigate impacts
Package Treatment
Possible
Negligible
Mild
Possible impacts to environment from facility
Plants
to Limited
shutdown
Source: Town of Nags Head Hazard Mitigation Plan originally adopted August 4, 2004. Updated
' in 2009 and adopted again on November 3, 2010
33
Since 2000 the Town has received over $7 million dollars in public assistance for damage to
public property from State and federal government.
Hurricane Floyd and Dennis in September 1999 - $356,136 in public assistance received for
damage to public property
Isabel in Sept 2003 - $7,162,033 in public assistance received for damage to public property
Ophelia in September 2005 - $5,646 in public assistance received for damage to public
property
The Town has not retained records of damage dollar amounts for private property but will do so
in the future.
■ Hurricanes and Tropical Storms
Hurricanes and tropical storms are formed from tropical low-pressure systems that intensify and
produce high winds, waves, rain, and flooding. These low pressure systems become tropical
storms when their sustained winds reach 39 mph. They become hurricanes when their
sustained winds reach 74 mph. Hurricanes and severe Tropical storms represent serious
threats to life and property on the North Carolina coast. North Carolina is second only to
Florida in the number of hurricanes striking its mainland. According to the National Hurricane
Center, between 1900 and the present North Carolina experienced 28 hurricanes or an average
of approximately one hurricane every four years.
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.
There have been a number of storms since 1950 that have affected North Carolina, Dare
County and Nags Head. Recent notable hurricanes have included Gloria, 1985; Charlie, 1986;
Bob, 1991; Emily, 1993; Arthur and Fran, 1996; Bonnie 1998; Dennis and Floyd, 1999; and
Isabel in 2003. Many of the above named storms resulted in both wind and flood damage.
Floyd and Dennis on the other hand resulted in flood damage and very little wind damage.
While there have been other storms that have affected the area, the above are the most
noteworthy.
Hurricanes can create a storm surge not only in the Atlantic Ocean but also in estuarine waters
causing flooding along the sound shoreline. Much of land along the estuarine shoreline is low in
elevation and can and does flood frequently. In reviewing several recent storms and other rain
events, the Town has identified the following areas as particularly troublesome. Additional
Town resources (personnel and equipment) are needed and allocated to these areas before,
during, and after a storm event.
Areas that have been frequently inundated by stormwater during recent hurricanes include the
southern part of South Nags Head, the South Nags Head drainage ditch, the area around the
Outer Banks Pier, and Juncos Street. Two areas on the Nags Head/Manteo Causeway (South
Virginia Dare Trail/US RT 64) which have a history of flood waters over the road include the
area in the vicinity of the estuarine access site and near the east bound and west bound
approaches of the "Little Bridge" although recent improvements by NCDOT have lessoned the
flooding. Houses on Pond Island frequently flood due to their low elevation and their proximity
34
to estuarine waters, which increases potential for wave action. The area around Lakeside
Street near the Roanoke Sound also frequently floods, especially during storms which travel
inland and up the coast. Other troublesome areas include the estuarine area on the north and
west side of Whalebone Junction including Sugar Creek Restaurant, Gray Eagle Street, and the
Windmill Point Restaurant. Sound over wash floods the western portions of Danube Street and
Hesperides Drive during severe storms and hurricanes. An area that typically floods and where
floodwaters can remain over an extended period of time is Soundside Road. Floodwaters have
been observed covering the road from Roanoke Sound halfway to US 158. At times, the entire
western portion of the road, which runs along the estuarine shoreline, can be under water.
Along NC 12 (the Beach Road) areas that frequently flood are Forrest Street, the Old Post Office
site, Kitty Hawk Kites/Sports (Casino Outfall), the Ocean Rescue Station at Jockey's Ridge, Small
Street, and in the vicinity of Wrightsville Avenue from Admiral Street to Driftwood Street. The
eastern portions of the Municipal Complex site have flooded in the past with up to 18 inches of
ocean over wash surrounding the "Board Room."
It was noted that in the past the "flapper valve" on at least one of the five ocean outfalls failed
to close and thus seawater flowed into the drainage system. These ocean outfalls are installed
and maintained by NCDOT to convey and distribute stormwater collected in the swales of DOT
maintained roads. The Town has continually requested that NCDOT perform maintenance on
these valves to prevent this from happening in the future.
■ Nor'easters and Extratropical storms
In addition to hurricanes, Nags Head is subject extratropical storms and nor'easters. Low
pressure systems moving across the United States often strengthen once offshore, creating
intense winds and rainfall and the potential for flooding. This strengthening occurs more often
in wintertime when there is a temperature gradient between air over a cold landmass and the
warm waters of the Gulf Stream. Perhaps the most notable event of this type was the Ash
Wednesday Storm in March of 1962. This storm, while not a hurricane, caused millions of
dollars in damage not only to Nags Head but to much of the eastern seaboard. Another notable
storm was an extratropical storm, the "storm of century", which occurred in March of 1993.
This storm originated in Florida, traveled inland through North Carolina, and produced a storm
surge that flooded estuarine areas of the Town with up to eight feet of water. Very little wind
damage was associated with this storm. These storms can often cause substantial beach
erosion and oceanfront property damage.
■ Rain/Stormwater - Areas of Frequent Flooding
In addition to the storm events previously mentioned, less intense rainfall events have caused
flooding in several areas of Town. Identified areas include:
— The northern portion of Vista Colony subdivision.
— A small section in North Ridge near Buccaneer Drive.
— An area around Northport Lane and Lookout Road.
35
— An area near the Latter Day Saints Church also in the North Ridge Subdivision.
— The southeast corner of the Nags Head Acres subdivision.
— Wrightsville Avenue between Driftwood Street and Bonnett Street.
— Subdivisions including Old Nags Head Place, Dolphin Run, and Seven Sisters.
— Several locations along NC 12 and NC 1243. These two roads have seen an increase in
flooding in the last few years due to development growth and the increasing practice of
residential lot filling, which tends to displace water onto Town roadways during storm
events.
• Coastal Erosion
Coastal erosion is a common occurrence on the Nags Head beaches. According to the Coastal
Area Management Authority, Nags Head beaches are eroding, or losing sand, at a rate of
between two feet and seven feet per year. This erosion rate can vary from year to year. The
rate is based on the historic average measured sand loss in any given area. Erosion can occur
suddenly during coastal storms or gradually due to the normal forces of waves, winds, and tides
(CAMA, 12/2001). Erosion has a direct effect on the vulnerability of properties to flooding and
storm surge. Loss of the beach profile and dunes reduces the barrier between properties and
the ocean. Additionally, the westward migration of the beach and dunes affects the ability to
redevelop property. Homes that are damaged from severe storms are often not repairable due
to state regulations that control oceanfront development and the allowable setbacks between
the dune line and oceanfront structures. Nags Head experienced significant erosion from
Hurricane Isabel. Several portions of Town were left with minimal or no dune line and other
areas saw escarpments cut into the existing dunes. The vulnerability to storm surge, ocean
over wash and flooding increases exponentially with each severe storm as the dune barrier is
further reduced. There are no critical facilities threatened due to coastal erosion. Two areas in
south Nags Head continue to experience significant shoreline erosion, Sea Gull Drive and
Surfside Drive. As of July 2007 178 structures were damaged or threatened by erosion.
• Tornadoes, Straight Line Winds, and Waterspouts
Tornadoes and waterspouts are rare events but they do occur. These events typically produce
wind and debris damage. A tornado is defined by the National Weather Service as a violently
rotating column of air in contact with the ground and extending from the base of a
thunderstorm. Typically this is characterized by a condensation funnel or a debris cloud. A
waterspout is generally a tornado over water. These are often weaker than land -based
tornadoes.
The waterspouts that come ashore from either the Roanoke Sound or the Atlantic Ocean are
generally less severe than tornadoes. Tornadoes and waterspouts are usually associated with
storm fronts that pass through the area. However, they can also be generated by hurricanes. A
tornado passed over South Nags Head in 2000 causing minimal damage. Straight line winds
are very strong damaging winds that show a lack of a rotational pattern. Straight line winds are
0991
common with the gust front of a thunderstorm and often originate as a downburst from a
thunderstorm. The roof of a home on the west side of US 158 in Nags Head Cove was
damaged from a storm related downburst in 2003.
■ Wildland, Brush, and Forest Fires
Wildland fires are any non -structure fires, other than prescribed fires, that occur in a wildland or
area where development is virtually non-existent.
Nags Head contains a 1,000-acre maritime forest which can be considered a wildland area.
This forest is comprised of typical coastal species of grasses, shrubs, and trees. The Town and
the Nature Conservancy own approximately 73 percent of the land in Nags Head Woods.
Within the woods there is an extensive system of hiking trails as well as one gravel road that
transverses the forest. A major electrical transmission line also runs through a portion of the
woods. There is probability of fire starting within the woods by electrical storms, careless
hikers, or downed electrical transmission lines. Also, residential areas in South Nags Head west
of SR 1243 from Gulfstream Street to the southern Town limits are susceptible to wildland
interface brush fires. This is due to their proximity to the Cape Hatteras National Seashore.
The National Park Service maintains a fire break along the eastern boundary of the National
Seashore in South Nags Head to limit fire susceptibility.
■ Protection of Water Supply
Drought, or periods of substantially diminished precipitation duration and/or intensity, can have
an impact on the quality of water in the Fresh Pond. This can increase concentration of arsenic,
magnesium and other contaminants. The Dare county NRO plant has recently completed an
expansion and the county water system can now supply flow for peak demand without the
Fresh pond water treatment plant. The Town and Dare County have entered into conversations
regarding the future of the plant. At this time, the Town has no intentions of removing the
Fresh Pond AEC designation. Since September 11, 2001, Nags Head has installed fencing
around the Nags Head portion of the Fresh Pond. The Kill Devil Hills portion of Fresh Pond
remains unsecured.
■ Sewage Treatment Plants and Septic Systems
The Town relies primarily on on -site septic systems; however, within the Town there are several
sewage treatment plants and numerous low-pressure septic systems. During recovery after a
severe storm, monitoring of on -site septic systems and treatment plants is critical to ensure that
environmental damage does not occur.
■ Sea Level Rise
The oceanfront shoreline represents an irreplaceable resource that is essential for the Town's
economic health and continued prominence as a coastal resort community. For this reason, sea
level rise is of great concern to the Town. While the Town is conscious that sea level rise is a
natural process, steps have been taken to mitigate the effects.
37
The Intergovernmental Panel on Climate Change (IPCC) estimates that changes in the earth's
climate could raise global sea levels by one to more than two feet over the next 25 to 75 years.
According to current research, sea levels globally are expected to rise significantly during the
next century. So far, the rise in sea level is because warmer water takes up more room than
colder water, which makes sea levels go up, a process known as thermal expansion. If sea
level rise accelerates as climate change scenarios project, the losses of property will be great
and extensive losses of coastal wetlands and beaches are likely.
Currently, a North Carolina state panel is studying the potential impact of global warming but
has not made substantial recommendations. The Coastal Resources Commission, which sets
rules for shoreline development, is also re-evaluating how close to the shore developers may
build houses.
Natural Resources
■ Oceanfront Shoreline and Beach Area
Within the Town there are approximately 11.29 miles of oceanfront shoreline stretching from
Eighth Street on the north to the southern municipal boundary adjacent to the Cape Hatteras
National Seashore. For the purposes of this discussion, the land areas east of NC 12 and NC
1243 will be considered. These areas are closest to the ocean and are the areas most heavily
utilized by tourists, visitors, and residents, and the primary area on which our future depends.
The surf zone and near -shore waters (waters up to thirty feet deep) provide a habitat for a
variety of ocean fish and are important not only recreationally for swimming and surfing but
also for commercial and recreational fishermen.
Typically in the surf zone, numerous migratory fish including spot, weakfish, red drum, striped
bass, bluefish, kingfish, flounder and various trout species can be found. During the summer
and fall it is not uncommon to see hundreds of surf fishermen on the beach. Also during the
summer and fall many of these fish species are sought after by commercial beach fisherman.
The ocean floor in the surf zone serves as habitat for invertebrates, including crustaceans,
worms, and shellfish. Common species include mole crabs, coquina clams, barnacles, and
horseshoe crabs. These species are not commercially important; however, they provide an
important food source for fish and shore birds.
Just beyond the surf zone in the near shore waters, typical fish species include Spanish
mackerel, king mackerel, cobia and black sea bass. While beyond the range of the shore bound
fisherman, these fish are often sought after by commercial fishermen as well as the charter and
recreational fishing fleet.
W.
I■ The Beach
As mentioned in the introduction, Nags Head has over 11 miles of oceanfront shoreline. The
land area between the ocean and NC 12 or NC 1243 is composed of several distinct natural
habitats. The land area from the mean low water mark to the mean high tide line (wet sand
beach) is sometimes called the "public beach" where the public has a legal right to use that
portion of the beach. The area between the high tide line to the base of the dune is often
referred to as the "dry sand beach." While this area in many instances may be in private
ownership with property boundary lines extending landward to the mean high water line, the
courts have generally held that the public has the right to travel across this "dry sand beach"
area. The "dry sand beach" areas will not be developed.
Depending upon the time of year and the occurrence of recent storms and hurricanes, the
beach (both wet and dry) ranges from 100 feet wide to several hundred feet wide. In areas
where there has been extensive sandbagging, the sandy beach area can be non-existent during
high tide.
During the spring and summer various species of sea turtles are found swimming in the area
with some coming ashore to deposit their eggs in the sand near the toe of the frontal dunes.
Turtle species known to be in the area include: Loggerhead sea turtle, Kemp's Ridley sea turtle,
Green sea turtle, Hawksbill sea turtle and the Leatherneck sea turtle. Currently the turtle
nesting period runs from May 1 to November 15. During this time period certain beach
L development or protection activities such as sand bagging and beach bulldozing are prohibited
by the US Corps of Engineers and CAMA to avoid destroying the buried eggs.
■ Dunes
Generally at the western most extension of the beach is a frontal dune. The height of his frontal
dune can range from several feet above the beach to over twenty feet high. Usually there is a
crossover to assist travel to the beach. In some locations the Town has established pedestrian
crossover points and in other areas vehicular.
' According to the North Carolina Division of Coastal Management there are two classes of dunes:
"frontal" and "primary." A frontal dune is defined as the first mound of sand located landward of
the ocean beach having sufficient vegetation, height, and configuration to offer protection from
ocean storms. A primary dune is defined as the first mound of sand located landward of the
ocean beaches having an elevation equal to the mean flood elevation plus six feet. In many
cases there will only be a frontal dune and not a primary dune.
Development along the ocean shoreline is regulated by rules adopted by the North Carolina
Coastal Resources Commission. The location and setbacks for new development along the
ocean shoreline are in part determined by the "average annual erosion rate." The annual
erosion rate is an estimate of the number of feet of beach lost per year. The erosion rate is
determined by the Division of Coastal Management using analysis of aerial photographs dating
back to the 1930's. The erosion rates are adopted by the Coastal Resources Commission and
updated periodically. For Nags Head there are a number of erosion rates for various sections of
the beach ranging from two feet per year at Eighth Street to six and one half feet per year at
the southern Town limits in South Nags Head. These erosion rates are based on long term
erosion patterns and it should be noted that, for example, if a property has an erosion rate of
I
four feet per year, the property may not have four feet of erosion each and every year. In some
years there may be no erosion while a single storm event could result in erosion several times
the long term annual erosion rate.
■ Dune Habitat
Typical dune vegetation includes American beach grass, sea oats, and bitter panicum grass. The
area west of the frontal dune generally slopes towards the road with elevations generally ten to
sixteen feet above sea level. Typical plant species in this area include most of the grasses
mentioned above as well as some salt tolerant shrubs such as yaupon holly, wax myrtle, and
bayberry. This vegetation is important in stabilizing the dune from wind erosion.
Common birds include various species of gulls, sandpipers, sanderlings, pelicans and terns.
Many of the above species are migratory. A host of other bird species utilizes the beach for
feeding during their yearly migration.
As the previous section points out, the beach zone and the surrounding water and land habitats
and environments are sensitive to the effects of man as well as nature and natural processes
such as erosion and storms. In developing the Town it is important to understand these various
forces.
Legal Framework: Ownership
■ Private Property
Depending on how the property was subdivided, private property rights either terminate at the
mean high water line or a line westward of the mean high water line. There are a few lots
within the Town where the private property line stops short of the mean high water line. As
erosion continues to move westward, those lots where the property line is the mean high water
line, that property line also moves westward thus reducing the size of the lot.
■ Public Property and Public Trust
On the ocean beach there is a generally "wet sand" area and a "dry sand" area. While subject
to legal debate, the interface between the wet sand and dry sand is the mean high water line.
The mean high water line (MHW) is expressed as an elevation above the 1988 baseline for
mean sea level. While this 1929 surveyed MHW line represents an average of long term data, it
does not fully reflect the influence of non -tidal factors such as sea level rise. The land area
waterward of the MHW line, as well as the navigable waters to the east, is in trust for public
use. "On many oceanfront properties, the easternmost private property line is the mean high
water line, a line which can change over time to reflect the shift in the mean high water." There
are a number of state statutes (and cases from other states) that indicate that the dry sand
beach up to the vegetation line is also public area (David Owens, Beach Liability Report, 1988).
Local governments commonly exercise day-to-day control over beaches within their jurisdiction.
Local governments typically exercise police power over the public trust areas and provide
services such as police, fire, rescue and garbage collection. Under North Carolina law, local
governments, such as Nags Head, are authorized to regulate (with special legislation) certain
water activities such as swimming, surfing and personal water craft.
Regulatory Environment
There are several federal programs which regulate or have an impact on development and
utilization of the oceanfront.
■ Coastal Zone Management Program
The Coastal Zone Management Act (CZMA) of 1972 is the primary federal statute for protecting
the nation's coastal areas from pollution and development pressures. Other federal statutes
specifically designed to protect the coasts include the Coastal Barrier Resources Act, and the
Estuarine Areas Act of 1968, the latter of which requires federal agencies to consider the value
of estuaries in their planning. In addition, the Clean Water Act's permitting and other
requirements apply to discharges in coastal waters. EPA also monitors and assesses the impact
of hazardous air pollutants on coastal areas. State statutes, land -use programs, and the state
judicial application of the public trust doctrine may also offer particularly important protection
for coastal areas.
The National Coastal Zone Management (CZM) Program is a voluntary partnership between the
Federal government and US coastal states and territories authorized by Coastal Zone
Management Act of 1972 to:
Preserve, protect, develop, and where possible, restore and enhance the resources of the
Nation's coastal zone for this and succeeding generations;
Encourage and assist the states to exercise effectively their responsibilities in the coastal
zone to achieve wise use of land and water resources of the coastal zone, giving full
consideration to ecological, cultural, historic, and aesthetic values as well as the needs for
compatible economic development;
Encourage the preparation of special area management plans to provide increased
specificity in protecting significant natural resources, reasonable coastal -dependent
economic growth, improved protection of life and property in hazardous areas and improved
predictability in governmental decision -making;
Encourage the participation, cooperation, and coordination of the public, Federal, state,
local, interstate and regional agencies, and governments affecting the coastal zone.
The CZMA can assign the primary authority to the states to regulate land -use on and near the
coasts, including tidelands. The CZMA offers federal funding to the states for developing and
implementing coastal zone management programs that meet certain federal requirements. The
CZMA also requires all federal agencies and programs to be consistent with approved state
programs. North Carolina has been a participant in this program since 1976. In North Carolina,
the Division of Coastal Management administers the program and makes available planning and
management grants as well as beach access grants to coastal communities. Regulatory
provisions adopted by the North Carolina Coastal Area Management Act (CAMA) are consistent
with federal CZMA regulations and requirements.
41
■ National Flood Insurance Program
In addition to CAMA regulations, the Town is a participant in the National Flood Insurance
Program. As a participating community, in exchange for administrating minimal development
standards for new construction in floodplains, properties in Nags Head are able to obtain flood
insurance. In Nags Head there are four flood zones, two of which are on the oceanfront. Each
flood zone will have its own development requirements for new construction as well as
requirements for additions and improvements to existing structures.
VE-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 event (technically, areas of the
coast which could be subjected to waves three feet high on top of the already high rising flood
water). Due to a FIRM map revision that became effective on September 20, 2006, the V-Zone
now constitutes a large portion of the land east of NC 12 and SR 1243 from the southern to the
northern borders of the Town.
AE-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 in any given year,
i.e., areas which will be inundated by the 100-year flood.
X-Zone/Areas of Minimal Flooding. These are areas where flooding is unlikely and are outside
the 500-year floodplain. There are no X-zones on the oceanfront.
CSR4 Coastal Barrier Resources Act. The Coastal Barriers Resources Act of 1982 designated
certain portions of the Gulf and East Coast as undeveloped coastal barriers. A portion of Nags
Head Woods which is owned by the Town and/or the Nature Conservancy is in a CBRA zone.
There are no portions of the oceanfront which are in a CBRA zone.
Table 22
Flood Insurance Policies
As of 11/30/2006
US Fish and Wildlife Service
The US Fish and Wildlife Service is an Agency within the US Department of the Interior. One of
the primary responsibilities of the Fish and Wildlife Service is to protect marine mammals as
well as threatened, endangered and migratory birds and mammals. Typical animals which fall
under their protection include migratory birds, whales, porpoises and sea turtles.
M
I■ US Army Corps of Engineers
The US Army Corps of Engineers (COE) has authority for projects which affect navigation. In
addition, the COE also administers a permit program for beach bulldozing and the placement of
sandbags. The COE permits stipulate construction standards and the time of year bulldozing or
sandbagging is allowed. Because many species of sea turtles qualify as a threatened or
endangered there is considerable federal protection given to them. The COE generally does not
allow any beach bulldozing or sandbagging between April 1 and November 15.
State Regulatory Programs
■ Coastal Area Management Act
The Coastal Area Management Act (CAMA) program was established in 1976 as a response to
the federal government's Coastal Zone Management Act (CZMA) as discussed above. Part of
this regulatory program is the establishment of Areas of Environmental Concern (AECs) for
ocean and estuarine areas. Within these AEC land areas, special development regulations and
rules apply to development which occurs in one these areas. AECs are established to protect
the natural resource from uncontrolled development. Along with the regulatory powers of
CAMA, the CAMA program funds planning and management grants, land use planning grants as
well as grants for public access to the ocean beaches and estuarine areas.
■ Ocean Hazard Areas of Environmental Concern (AEC's)
The ocean hazard AEC is the land area closest to the Atlantic Ocean as defined by CAMA. The
Ocean Hazard AEC is comprised of: (1) ocean erodible areas (beaches), which extend from the
mean low water line landward 60 times the long-term erosion rate, plus 25 feet; and (2) high
hazard flood areas which represent land that is subject to flooding, wave action, and high
velocity water currents. This area is identified as the V-zone on the Federal Emergency
Management Agency (FEMA) Flood Insurance Rate Maps and requires special construction
methods for structures built in this V-zone. In addition to special construction standards,
structures in the V-zone will have the highest insurance premiums due to the hazardous nature
of this area.
The placement of new structures in this ocean hazard area requires that the structures be
placed westward of the first line of vegetation. The distance of setback west from the first line
of natural, stable vegetation is based on regulations in place at the time of permit application. .
Annual erosion rates in Nags Head range from two feet near the northern Town limits to six
feet in South Nags Head.
■ The North Carolina Division of Marine Fisheries
The North Carolina Division of Marine Fisheries (DMF) is responsible for the stewardship of
some of the state's marine and estuarine resources. The DMF's jurisdiction encompasses all
coastal waters and extends to three miles offshore. Agency policies are established by the nine -
member Marine Fisheries Commission and the Secretary of the Department of Environment and
Natural Resources.
43
DMF's mission is to maintain, preserve, protect and develop all of North Carolina's marine and
estuarine resources. To meet this mission, the DMF is organized into eight sections.
The Planning and Analysis Section conducts analyses required for operational and fishery
management decisions. This unit also oversees the DMF's habitat alteration permit review
program and the Public Trust/Submerged Lands Program.
The Statistics and Information Management Section is responsible for the collection and
processing of all commercial and recreational fisheries catch statistics and the management of
biological, license, law enforcement and operational data. Marine Patrol Section has officers that
work in three law enforcement districts along the coast. It is their job to protect state fisheries'
resources and to inspect seafood houses, fish dealers, and restaurants that buy or sell North
Carolina seafood. This mission is accomplished with boats, fixed -wing aircraft, helicopters, and
patrol vehicles.
Of importance to Nags Head is NC Marine Fisheries Rule 15A NCAC 311.011 (a) which prohibits
the taking of menhaden by purse seine in the Atlantic Ocean within 1.5 nautical miles of the
beach in specified portions of Dare County and Nags Head from May 1 through September 30,
and within 0.5 nautical mile of the beach in specified portions of Dare County from October 1
through December 31. In addition, several sections of the beach in Nags Head have been
closed during a short time period in the fall to protect recreational fishing interests.
Local Authority
The Town has been granted by the State certain powers to regulate activities within our
corporate and extraterritorial jurisdiction (ETJ) areas. In general there are three regulatory
authorities given to the Town: (1) general police powers, (2) special legislation from the
legislature to regulate certain activities, and (3) zoning.
■ Town Code Regulations
Under general police power authority, the Town can regulate numerous activities and uses
along the oceanfront and throughout the Town. For example, by local regulation the Town
prohibits surfing within 300 feet of fishing piers, regulates driving on the beach and riding
horses on the beach. The Town can also prohibit swimming during dangerous beach and
weather conditions when the ocean conditions are unsafe for swimming.
In an attempt to keep the beaches free of debris, the Town can declare structures which are
storm damaged and in danger of collapsing a public nuisance. In addition, any structure which
is located in whole or part in the public trust area can be declared a public nuisance and
abatement procedures can be initiated by the Town.
■ Land Based Zoning
The land -based zoning legislation (General Statutes Chapter 160A, Article 19, Planning and
Regulation of Development) allows cities and Towns to establish zoning districts and zoning
regulations to regulate land -based activity. The Town regulates location, parking, height of
structures, lot coverage, density, size of yards and a host of other conditions for permitted uses
along the oceanfront and throughout the Town. Along the oceanfront the Town has established
four zoning districts. Each zoning district has its own purpose and intent and has developed
with individual character and uniqueness.
' Extraterritorial Zoning (ETJ)
' State Statute allows municipalities to extend planning jurisdiction up to one mile from their
corporate limits. In 1987, the Town extended its zoning jurisdiction into portions of Roanoke
Sound, an area south of the Causeway, and one mile into the Atlantic Ocean. In November
' 1997, the Town modified its Extraterritorial Jurisdiction (ETJ) to include areas west of the
Town's southern corporate limits in South Nags Head.
' At the same time ETJ was established, the Town established the Ocean and Sound Waters
District Zoning District. The purpose of the district is to provide for the proper use of the ocean
and sound waters to ensure the continued scenic, conservation and recreational value that
these waters provide to the Town, its residents, visitors and the surrounding area.
1 ■ Water Based Zoning Regulations
' Several years ago the Town requested special legislation to regulate personal watercraft (PWCs)
as well as other uses within our ETJ areas. Codification of this special legislation resulted in
modification of GS 160A-176.2 which allows Towns to "...adopt ordinances to regulate and
control swimming, personal watercraft operation, surfing and littering in the Atlantic Ocean and
other waterways adjacent to that portion of the city within its boundaries or within its
extraterritorial jurisdiction; provided, however, nothing contained herein shall be construed to
permit any city to prohibit altogether swimming or surfing or to make these activities unlawful."
The Town has adopted regulations pursuant to this authority.
• Estuarine Waters and Shoreline
The Albemarle -Pamlico Estuary
To the east, the Town borders the Atlantic Ocean and to the west the Roanoke Sound. The
Roanoke Sound is part of a larger body of water, the Albemarle -Pamlico estuary which contains
' some 30,000 square miles of watershed. The Albemarle -Pamlico is the second largest estuarine
system in the United States and is composed of five major river basins and seven sounds, one of
which is Roanoke Sound. Roanoke Sound is part of the Pasquotank River Basin which
' encompasses 3,697 square miles of low-lying land and vast open waters and includes all or
portions of Camden, Currituck, Dare, Gates, Hyde, Pasquotank, Perquimans, Tyrrell, and
Washington counties. A small portion of the basin extends up into Virginia.
An estuary is a body of water where the ocean's salty water meets freshwater from rivers and
watersheds. The Albemarle -Pamlico region includes rivers, creeks and streams which flow into the
' sounds and marshes, as well as the fields, forests, cities, and Towns that surround them. An
estuary provides a home for oysters, crabs, bay scallops, and clams as well as a spawning ground
for many varieties of fish. The estuary is a valuable asset in providing economic opportunities to
farmers, fishermen, loggers who harvest the forests and miners who unearth minerals. The area's
45
natural beauty attracts tourism and resort development. All are dependent on the estuarine system
for their livelihood, and all play an important role in its continued health.
To the casual observer the Albemarle -Pamlico estuarine system appears to be in good shape.
However, as the Albemarle -Pamlico Estuarine Study (APES) points out, there are signs of stress
within the estuary: some streams are unfit for fish propagation and recreation, over 20,000 acres
of prime shellfish habitat are closed because of pollution, in some areas unsafe levels of mercury
and dioxin have been found in fish tissues, and disease epidemics in finfish, blue crabs, and
oysters have been reported in some areas.
■ Nags Head Shoreline
The estuarine shoreline and adjacent waters represent a valuable resource for the Town. While the
estuarine areas share many of the same concerns and constraints as the oceanfront, the area is
different in many respects. Within the Town municipal limits there are approximately 11 miles of
estuarine shoreline. Within our extraterritorial jurisdiction there are another 7.5 miles of shoreline
along the various islands in the sound, In 2003, the Town acquired approximately 11 acres of
land adjacent to the Estuarine shoreline near Whalebone Junction in the area known as the'Catfish
Farm".
■ Estuarine Areas of Environmental Concern (AECs)
Development along, and adjacent to the estuarine shoreline is regulated by the Town, the Coastal
Area Management Act through the Division of Coastal Management, and in some cases the US
Army Corps of Engineers. Depending upon the location and proposed impacts from the
development, approval by other addition state agencies may be required.
This AEC includes all shoreline 75 feet landward of the mean high water mark. Estuarine shorelines
can be either dry land such as areas along Soundside Road and Old Nags Head Cove or can be
represented by marsh grasses and coastal wetlands. Coastal wetlands and marsh areas are
typically found along Nags Head Woods and south of The Village of Nags Head and along much of
the Nags Head—Manteo Causeway. Quite often these marsh areas involve wetlands which are
regulated not only by CAMA, but also the US Army Corps of Engineers.
Improper development along the estuarine shoreline can result in unregulated stormwater runoff
which can pollute, destroy or degrade adjacent waters and wetlands. Bulkheads and rip -rap are
commonly permitted to protect the shoreline from erosion. Most structures built along or near the
shoreline must elevate those structures in accordance with FEMA regulations to protect them from
flood waters.
There are two general areas within the Town where commercial uses can abut estuarine waters.
One area extends south from of the Village at Nags Head to the Causeway. The other area which
allows commercial uses is along portions on both sides of the Causeway.
0 Flood Zones (National Flood Insurance Program)
As discussed previously, the Town is a participant in the National Flood Insurance Program. There
are four major flood zone delineations in Nags Head, the AE zone, V zone, the X zone and the
CBRA zone. VE, AE and CBRA zones are found along the estuarine shoreline.
■ Local Authority
The Town has been granted by the State certain powers to regulate activities within our
corporate and extraterritorial jurisdiction (ET]) areas. In general there are three regulatory
authorities given to the Town: (1) general police powers, (2) special legislation from the
legislature to regulate certain activities, and (3) zoning.
■ Town Code Regulations
Under general police power authority, the Town can regulate numerous activities and uses
along the estuarine shoreline and throughout the Town. For example, by local regulation the
Town regulates the use of personal watercraft in waterways adjacent to the Town.
In an attempt to keep the beaches free of debris, the Town can declare structures which are
storm damaged and in danger of collapsing a public nuisance. In addition, any structure which
is located in whole or part in the public trust area can be declared a public nuisance and
abatement procedures can be initiated by the Town.
■ Zoning Regulations
The estuarine shoreline spans across eight zoning districts and into areas in our extraterritorial
zoning jurisdiction. Each zoning district has its own purpose and intent and has developed with
individual character and uniqueness. As mentioned previously, the Town of Nags Head
regulates zoning in its extraterritorial jurisdictions as well as in adjacent water bodies through
an Ocean and Sound Waters Zoning District.
■ Public Water Supply — Fresh Pond
Small surface water supply watersheds protect coastal drainage basins that contain a public
water supply classified as WS I - WS V by the N.C. Environmental Management Commission.
The Fresh Pond, located at the Nags Head and Kill Devil Hills border, is classified as a public
water supply AEC. No sewers, septic tank fields or other sources of pollution may be built
within 500 feet of the edge of the Fresh Pond in the Nags Head/Kill Devil Hills Fresh Pond
watershed. Between 500 feet and 11200 feet from the pond, septic systems are limited to one
system serving a single-family home with no more than four bedrooms (or an equivalent
volume of sewage) on a tract of land at least 40,000 square feet in size. The Dare county North
Reverse Osmosis Plant (NRO) plant has recently completed an expansion and the county water
system can now supply flow for peak demand without the Fresh pond water treatment plant.
The Town and Dare County have entered into conversations regarding the future of the plant.
At this time, the Town has no intentions of removing the Fresh Pond AEC designation.
47
■ Soil Characteristics
Sandy beach deposits underlain by sandy and silty estuarine deposits dominate the soils of
Nags Head. The sands and interbedded sands and silts comprise the surficial aquifer.
Underneath the sands and silty sands lies a compact clay layer that represents the bottom of
the surficial aquifer. The clay layer was likely deposited in an offshore environment or estuarine
mud flat. In general, the predominant surface soil textures are sand and fine sand, with minor
muck. As a result, average permeabilities are very rapid ranging from 12 to greater than 20
inches per hour. The permeabilities in the muck are typically less than 3 inches per hour, but
this represents a small portion of the study area, west of Nags Head Woods.
The surficial soils are almost exclusively sands with some organic soils in the marshes on the
sound side (Daniels et al., 1999). The beach-foredune unit is comprised of sands and follows
the eastern coast of Bodie Island and the Nags Head study area. Toward the western side of
the island and Roanoke Sound, Newhan fine sand, Newhan-Corolla complex, Duneland-Newhan
complex, and Newhan-Urban Land complex soils become prevalent. All these soil types are well
drained sands with the exception of the urban complex, which typically represents impermeable
surfaces. Other soil types include the Duckson fine sand and the Corolla-Duckson complex,
which are also well -drained sands. The marsh soils adjacent to Roanoke Sound are comprised
of Carteret sands and Hobonny organic marsh soils. The Nags Head Woods are comprised
primarily of Fripp fine sands. South of Nags Head Woods and north of the Whalebone,
Duneland sands are also prominent (USDA, 1977).
All on site waste water treatment systems are regulated by the State of North Carolina
Limitations if Nags Head are usually due to the following factors:
1. soil- drain field disposal capacity usually falls within .5 to1.2 gallons per square
foot. The long term acceptance rate used in specifying the area of the bottom of
drain field trenches is also a factor. This rate usually depends on water table
measurements and soil type(s) which vary through the Town.
2. the lot size limit will limit the allowable flow design based on the level and type of
treatment approval from the local health department.
3. setback requirements such as property lines, wells and structures
Analysis of Land Use and Development
■ Existing Land Use Map
The Town's existing land uses consist of residential, commercial, visitor accommodations such
as hotels and motels, governmental buildings and parks. The Town does not have any
industrial or agricultural areas, forestry or animal feeding operations within its boundaries. The
Existing Land Use Map can be found in Appendix C.
ER
Table 23
Existing Land Use
Land Use category
Acreage
Single-family residential
1291
Multi -family
85
Hotel/Motel/Cottage Court
41
Commercial
305
Multiple -Use
26
Government
15
Institutional/Religious
51
Warehouse
3
Park/Open space public
1052
Park/Open space private
340
Cemetery
1
Secondary improvements
17
Undeveloped
610
Washout
8
There are some areas in the Town where lot sizes do not meet the current zoning code
requirements. These lots were platted before 1972 when the Zoning code was adopted and are
considered non -conforming lots of record. These lots may still be developed if lot coverage and
setback requirements from the current zoning code are met. The Town encourages and will
continue to encourage property owners to combine lots, if possible, to meet the square footage
regulations of the Zoning district they are located in.
The Single—family residential and multi -family categories consist of low to high density single
family development as described below:
Single Family Residential
The single family residential district contains low to moderate -density residential neighborhoods
with a mix of permanent and shortterm seasonal residents. It serves as a transition zone
between the moderate -density area and more intensely developed areas. A minimum lot area
of 20,000 square feet is required for single-family dwellings and 30,000 square feet is required
for duplexes. The density is 2 single-family dwelling units per acre or one duplex per acre. Lots
using individual wells and septic tanks are required to be 20,000 square feet per dwelling unit
and 40,000 square feet for a duplex. The minimum lot width required is 70 feet. The front
setback requirement is 30 feet while the rear yard setback requirement is 20% of the lot, not to
exceed 30 feet and the sideyards are 10 feet. The maximum height allowed for the structure is
35 feet although the height of a structure meeting the minimum roof pitch meeting other
minimum roof pitch requirements shall be allowed a maximum total height of 42. Permitted
uses in this designation are detached single family dwellings, duplexes, bulkheads and large
residential dwellings. Lot coverage shall not exceed 33%. Some permitted uses in this
designation are detached single family dwellings, municipally owned public facilities, swimming
pools, and large residential structures.
Multi -Family Residential
The multi -family residential district is an area in which the principal use of the land is for high -
density single-family and duplex residential development. This district also provides for the
development of less intensive residential uses as well as compatible supporting use. Some uses
allowed in this district are detached single family dwellings, duplexes and municipally owned
facilities. A minimum lot area of 15,000 square feet is required for single-family dwellings. The
density is roughly 3 single-family dwelling units per acre and 2 duplexes per acre. A minimum
lot area of 22,500 square feet is required for duplexes. Lots using individual wells and septic
tanks are required to be 20,000 square feet per dwelling unit. The minimum lot width required
is 60 feet. The front setback requirement is 30 feet. The rear yard setback requirement is 20%
of the lot, not to exceed 30 feet and the sideyards are 8 feet. The maximum height allowed for
the structure is 35 feet although the height of a structure meeting other minimum roof pitch
requirements shall be allowed a maximum total height of 42. Lot coverage shall not exceed
33%.
The commercial, government, multiple -use and warehouse designations consist of land for
recreational purposes, commercial facilities, and commercial services as described in the below:
This area will be used for intensive recreational purposes and for those types of development
which need to be located in close proximity to the Town's beach area. This area will also
provide for the grouping and development of commercial facilities to serve the entire
community as well as for the less intensive residential and compatible supporting uses. A
minimum lot area of 15,000 square feet is required for commercial development and single-
family dwellings. The density of development is roughly 3 single-family dwelling units or 3
commercial developments per acre. The maximum height allowed for the structure is 35 feet
although the height of a structure meeting other minimum roof pitch requirements shall be
allowed a maximum total height of 42. A minimum lot area of 22,500 square feet is required
for duplexes. Lots using individual wells and septic tanks must be 20,000 square feet per
dwelling unit. The minimum lot width required is 60 feet. The minimum depth of the front yard
for single-family and duplexes must be 30 feet. The minimum depth of the front yard for
commercial development must be 15 feet. The minimum width of the side yards shall be eight
feet for single-family, duplex and commercial development. In the case of a corner lot the
minimum width of the side yard adjacent to the right-of-way must be no less than 15 feet. The
minimum depth of the rear yard must be 20 percent of the lot depth for single-family and
duplex, but need not exceed 30 feet. The minimum depth of the rear yard for a commercial
development must be 25 feet. Lot coverage shall not exceed 55%. Permitted uses in this
designation are detached single family dwellings, duplexes, banks, drug stores, post office and
large residential dwellings. Conditional uses allowed are fishing piers, automobile service
stations, and retail shopping centers.
50
Hotel, Motel and Cottage Court
The hotel/motel/ and cottage court land classification allows for the location of larger -scale
hotels in where the increase in height does not significantly affect the view shed from Jockey's
Ridge and does not diminish the low density character of the historic district and other
neighborhoods. The Maximum height of structures is 60 feet. Hotels are allowed a maximum
total lot coverage of 65 percent. For hotels buildings higher than 35 feet, the side yard setback
has to be ten feet plus an additional one foot for each foot over 35 feet. A minimum of 50
percent of the required side yard setbacks must remain undeveloped as open space. The
density of hotel units will not exceed 16 hotel units or hotel efficiency units for the first acre and
20 hotel units or hotel efficiency units for each additional acre.
The undeveloped classifications are areas that are not currently developed with structures.
These areas will be grouped into the surrounding land classification once development begins
i.e. an undeveloped lot within the single-family land classification will be given a land
classification of single-family.
The park/open space public classification is National Park service land and Town parks.
The recreation private classification is land set aside, by the Village Property Owners
Association, during the subdivision process. This land is used for stormwater retention as well
as a private golf course.
The cemetery, secondary improvement and washout classifications are described below:
The underlying use of the cemetery area is for a cemetery. The washout areas are land that
has been washed out by the ocean and is now unable to be built on. The secondary
improvement areas are indicated for utility company substations.
The institutional/religious classification areas are where churches, synagogues etc. are located.
■ Land Use Analysis
The following table delineates the number of dwelling units in the Town as of January 1, 1997
(from the previous Land Use Plan) and March 11, 2005. The number of single-family dwelling
units continues to increase but the number of total units is somewhat offset by the loss of hotel
and cottage court units. There are no areas, in Nags Head, which have land use or land use/water
quality conflicts.
51
Table 24
Dwelling Unit Comparison
Property Type
1997 Total Units
% of Total
2005 Total Units
% of total
Single -Family
3,129
62%
3,999*^
72%
Multi -Family
319
6%
505**
9%
Cottage Court
324
6%
213*
4%
Hotel
1,308
26%
807*
15%
Total
5,080
100%
5,524
100%
* Hotel and Cottage Court information was derived from current Nags Head privilege license
information and Dare County tax data
"Multi -Family includes the following property uses: townhouse, condo, timeshare, and parcels
with multiple uses containing residential units
*A Single -Family dwelling information was derived using a combination of Dare County tax data
and the permitting database maintained by Nags Head Planning and Development. This also
includes residential units currently under construction.
Prepared on March 11, 2005
■ Commercial and Non -Residential Development
In recent years the Town has witnessed a number of commercial establishments locating in the
Town. Table 16 on pages 19 and 20 depicts the various types of development, and their square
footage which has occurred from 1997 through January 2006. The Town has experienced a
significant increase in commercial development during this time period. Most businesses are
relatively small scale in nature with floor areas well under 10,000 square feet. The Outer Banks
Hospital and the Nags Head Elementary School are included in the table below which accounts
for over 200,000 square feet of the total floor area.
■ Commercial Residential
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
Row (the C-4 District) is attempting to revive the idea of combined uses. Artists have
constructed galleries and studios in combination with their residences. The Town set aside this
area by designating a new zoning district and adopting regulations that encourage a village -
type setting of residential and commercial properties. The District is composed of 14 lots, of
which all but four are developed. The residential/commercial development is an integral part of
Nags Head's history and represents a part of the Town's character. The Town in early 2006
adopted new ordinances related to commercial/residential mixed development to encourage this
type of use in the C-2 General Commercial zoning district.
52
■ Historic, Cultural and Scenic areas
The Town of Nags Head does not have a historic district. However in 1977, the US Department
' of Interior established the Nags Head Beach Cottage Row Historic District. The limits of the
district are shown on the Existing Land Uses map. A particularly important question for this
historic oceanfront area is whether future development and growth, not only on the oceanfront,
' but on the commercially zoned land to the west will jeopardize the existing historic and
architectural significance of these structures in the Town.
■ Jockey's Ridge AEC
The largest portion of this district contains Jockey's Ridge State Park which has been designated
' by the North Carolina Coastal Resources Commission as a unique coastal geologic formation
area of environmental concern and as a National Natural Landmark by the United States
Department of the Interior. The area of environmental concern is shown in Appendix C and is
1 417 acres in size. This area includes the entire rights of way of US 158 Bypass, SR 1221
(Sound Side Road), Virginia Dare Trail, and Conch Street where these roads bound this area.
Jockey's Ridge is the tallest active sand dune along the Atlantic Coast of the United States.
' Located within the Town of Nags Head in Dare County, between US 158 and Roanoke Sound,
the Ridge represents the southern extremity of a back barrier dune system which extends north
along Currituck Spit into Virginia. Jockey's Ridge is an excellent example of a medano, a large
' isolated hill of sand, asymmetrical in shape and lacking vegetation. Jockey's Ridge is the largest
medano in North Carolina. Regulations in this area govern sand removal and consistency of
proposed projects with the intent of this special AEC.
■ Nags Head Woods
' The Nags Head Woods is an irreplaceable maritime forest occupying the northwest portion of Nags
Head and is located in the SED-80 zoning district. The Woods includes the Fresh Pond (water
supply), large stable marshlands, large vegetated and 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 rare species and natural communities. 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 and
' ridges. The Woods is also environmentally significant because- of its natural role in the integrity of
the coastal region.
To protect the Fresh Pond as a source of potable water, the Town in the 1960's acquired 318 acres
' of land area primarily west of the pond. Conditions of the acquisition were that the area remain as
a watershed and that the area would not be subject to development, thus protecting the water
quality in the Pond.
' To further protect the woods, in 1987 the Town revised its Zoning Ordinance and adopted a
comprehensive set of zoning regulations for the protection of Nags Head Woods. These ordinances
53
permit primarily single-family housing and include regulations to ensure that the function and
character of the maritime forest will be preserved.
In 1992, the Town, in cooperation with The Nature Conservancy (TNC), purchased 386 acres in
Nags Head Woods. This tract was commonly referred to as the RTC tract, the Great Atlantic
Savings Tract or the Tillett Tract. The property was acquired by the Town and The Nature
Conservancy to be managed as a natural area and nature preserve. When the property was
acquired, the federal government designated the tract as part of the Coastal Barrier Resources Act,
and in doing so; federal flood insurance will not be available for any development which may occur
in this tract. In 1997, the Town offered Articles of Dedication to the State of North Carolina for
most Town owned property in Nags Head Woods. The offer was accepted, and this area is now
dedicated in perpetuity as a nature preserve.
The SED 80-District is 1,052 acres in area. Of this acreage, 303 acres are owned by the Town, 386
jointly owned jointly by the Town and TNC, and 27.5 acres is owned by TNC, thus approximately
73 percent of the land in Nags Head Woods (SED-80) is owned by the Town and TNC. Most of the
land owned by the Town and the hiking trails are managed through a cooperative agreement with
the Nature Conservancy.
The existing land uses in the Woods are limited to nine residences and one former farm site. The
remainder is in its natural state. The current management system is designed to protect
environmentally sensitive features, the water supply, and visitors from natural hazards. The
marshes may fall under protection by the Coastal Resources Commission through an AEC permit
and/or by the Corps of Engineers permitting process. Town zoning and land use regulations are
designed to prevent the filling of wetlands in certain areas. Development near the Fresh 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.
Due to the remoteness of the area, the fact that any new subdivision of land would require the
construction of a paved road from an existing street in Nags Head and the fact that Town water
would need to be brought in, any future subdivision of the land into 80,000 square foot lots is
unlikely. However, there are two parcels which could meet the State subdivision exemption for
lots greater than 10 acres. This State exemption would result in a net increase of three lots. In
total there are 28 lots which meet the Town's current standards (for land area or conforming lot
of record status) for single-family houses. Currently there are nine single-family dwellings in
SED-80. Access is either provided by private agreement through an access driveway near the
Villas Condominiums or by the only public road —Nags Head Woods Road from Kill Devil Hills.
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 place in which to live, work and visit. The
Town does not have any land use or land use/water quality conflicts throughout the Town.
54
1 Projection of Future Land Needs
■ Land Availability
The Town of Nags Head contains approximately 4,300 acres (Table 23). Of those 4,300 acres,
' approximately 500 acres represent rights -of -ways (ROW) and are not available for development.
As of March 11, 2005, there were approximately 5,524 dwelling units in the Town, with the
majority in low -density residential uses. In considering potential for development it is important to
' look at both developed acreage and the acres of un-subdivided land which can become lots which
can accommodate single-family housing. The table below depicts the acreage of improved and
unimproved parcels by zoning district as of March 2005.
Table 25
Acreage of Improved and Unimproved Parcels by Zoning District
Zoning
District
Developed
Un-
improved
Percent
Developed
Grand
Total
C2
378
94
80.1%
471
C3
23
7
76.5%
29
C4
4
2
61.4%
6
CR
251
22
92.0%
273
R1
80
62
56.3%
143
R2
689
154
79.3%
868
R3
91
20
81.9%
111
SED-80
873
179
83.0%
1052
SPD-20
480
43
91.8%
522
SPD-C
342
27
92.6%
369
Grand Total
3,209
610
83.5%
13,845
' As shown above there are 610 acres in the Town of Nags Head which are undeveloped, privately
owned and subject to development. Table 25 also points out that 3,209 acres have been
' developed, thus, excluding rights of ways, as of March 2005 the Town was 83.5 percent
developed.
Table 26 provides an indication of the number of new lots that could potentially be created based
on zoning district standards and land availability.
55
Table 26
Potential for New Building Lots
District
Undeveloped
Parcels
Platted
Lots
Potential
New Lots
Lots Available
for
Development
Notes
R-1
10
10
10
R-2
648
666
128
794
R-3
67
72
98
170
CR
33
34
34
C-2
247
436
54
490
See Table-C-2
C-3
2
9
9
See Note 1.
SPD-20
90
90
90
SED-80
28
28
3
28
See Note 2.
SPD-C
231
231
101
333
See Table -
Village
Totals
1360
1582
384
1964
See Note 3.
NOTES: Undeveloped=Lots > 5,000 sq ft, can meet CAMA regulations
Potential lots=Large parcels (area x 75% /lot area=number of lots)
Platted lots. Some parcels are composed of more than one platted lot.
Note 1. Single-family development not allowed in this district.
Note 2. Tillett Subdivision resulted in three non -conforming lots.
Note 3. This assumes:(1) no changes in dimensional requirements,
(2) no subdivision of C-2 into residential lots, and
(3) no recombination of existing lots.
Due to development on lots, which were platted in accordance with earlier Zoning Ordinances or
1
before the incorporation of the Town, the density that has occurred in Nags Head before 1980 has '
been higher than the density permitted by the current Zoning Ordinance. The typical minimum
residential lot size has gradually increased from 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. Over '
3,000 developed lots, or 68 percent of the total developed lots in the Town, are less than 15,000
square feet in area. The average lot size for single-family development from 1985 to 1996 is
12,000 square feet. The average lot size for single-family development from 1997 to 2005 is '
15,500 square feet. As more of the older, smaller legal lots of record are used up the average lot
size will be increasing. As lots have increased in size so has the average house size.
56
Table 27
Actual Developed Lot Sizes Per Zoning District
Size Category (sq. ft.
Zoning
District
>10 000
10,000-
14,999
15,000-
19,999
20,000-
43,560
> 1
acre
Grand
Total
C2
290
129
53
87
69
628
C3
2
10
12
C4
6
1 1
3
10
CR
25
6
54
255
34
374
R1
40
10
13
43
19
125
R2
1,086
423
162
314
71
2,056
R3
358
44
42
3
2
449
SED-80
2
1
15
18
SPD-20
27
76
46
30
5
184
SPD-C
448
62
6
1 79
31
626
Total
2,276
757
377
1 816
256
4,482
Tables 26 and 27 provide an overall breakdown of the acreage of existing land uses by zoning
' district and percentage of total land devoted to each use as of March 2005.
As mentioned above, the Town of Nags Head is approaching build out. The Town prides itself in
' being slow growing and at this time intends to maintain existing density and intensity
thresholds. Unless there is a significant change in the zoning code allowing higher -density
development, the Town will not have the same rate of growth as in the past. The Town will
' continue to grow but the rate of growth will continue to lessen over the next few years. After a
certain point (between 10 and 20 years) the population will not grow in any significant way
assuming the zoning codes remain the same. Currently, zoning permits redevelopment, and
' thus smaller homes on small lots are being demolished to make room for larger houses with
more bedrooms. Such homes are built primarily for leasing purposes (vacation properties in
particular). The Future Land Use Map can be found in Appendix C.
Future Residential Land Use Needs
' The Town has chosen the persons per household unit method to project future land use needs.
The summary of projected seasonal population (Table 19) was used. The average lot single
family lot size in the Town is approximately .46 acres and 1 person per single family dwelling
tunit was used. The five year increment population estimates were then subtracted from each
other and divided by two (.46 acres per person) to get the gross acres required annually to
support increased population.
57
Table 28 '
Future Land Needs for Residential Development During the Period 2010-2030
year
Avg. acre
# of
Population
Population
Gross
per single
persons
difference
acre
family
per single
from prior
required
dwelling
family
5 year
annually
dwellinq
period
2005
.46
1
3125
2010
.46
1
3305
180
90
2015
.46
1
3592
287
144
2020
.46
1
3869
277
139
2025
.46
1
4117
248
124
2030
.46
1
4353
236
118
Total
acreage
needed
by 2030
615
■ Non -Residential Land Use Needs for 2010-2030
The data from the residential land use needs was used to estimate future non-residential land
use needs. The reason these estimates were used is that in any area, there tends to be a t
consistent proportion of the total developed land area in various land use categories. For the
purposes of this plan the land use percentages for 2005 were used. (Table 23) The Town
assumes the percentages for 2005 will remain roughly constant over the 20 year planning '
period. Table 29 below takes the residential land use needs calculated in Table 28 and projects
non-residential land use needs based on these percentages.
(This space left blank intentionally) I
58 1
Table 29
Projected Land Use in Development 2010-2030
Land Use category
% of
developed
land 2005
Acres
2005
Acres
2010
Acres
2015
Acres
2020
Acres
2025
Acres
2030
Single-family
residential
42%
1601
1691
1835
1974
2098
2216
Multi -family
2.2%
85
87
90.16
93.21
95.91
98.5
Hotel/Motel/Cottage
Court
1.07%
41
42
43.5
44.98
46.3
47.56
Commercial
8%
305
1312
323.5
334.5
344.4
353.84
Multiple -Use
.7%
26
26.6
27.6
28.57
29.43
130.25
Government
.4%
15
15.4
30.4
30.96
31.45
31.92
Institutional/Religious
1.3%
51
52.2
54.07
55.87
57.48
59.01
Warehouse
.08%
3
3.07
3.35
3.46
3.55
3.64
Park/Open space
public
27%
1052
1052
1052
1052
1052
1052
Park/Open space
private
8.8%
340
340
340
340
340
340
Cemetery
.03%
1
1.02
1.06
1.07
1.10
1.13
Secondary
improvements
.40%
17
17.36
17.93
18.48
18.97
19.44
Undeveloped
8%
610
205.33
26.38
-132.17
-273.68
1 -408.41
Washout
.02%
8
.018
.048
.075
.099
.122
Total
100%
3845
3845
13845
13845
1 3845
3845
As of March 2005, the Town had 610 acres of undeveloped land. If the percentage rate of
growth, depicted in Table 23, continues the Town will be at build out by 2015.
The State Data Center does not establish projections for seasonal population. Information from
' The Outerbanks Visitors Bureau shows a slight increase in seasonal population in the last few
years. Unfortunately, the information acquired from the Tourist Bureau does not include
information on attractions in Nags Head. Dare County is currently using the seasonal population
' indicated by the Outerbanks Visitors Bureau to establish projections. The County compared the
seasonal population to the County's permanent population and found the seasonal population
represents a 6.5 to 1 ratio over the permanent population. The Town of Nags Heads seasonal
' population has been projected by using a 6.5 to 1 ratio. Based on Table 19, in 2030 the projected
seasonal population to permanent population will be 5:1. These projections, however, do not take
into account that the Town intends to maintain existing density and intensity thresholds.
59
■ Community Facilities
■ Public and Private Water Supply Systems
Nags Head is served by the Dare County Regional Water System. There are about a dozen
private residences located in Nags Head Woods, on Pond Island and in South Nags Head served
by private wells. There are no private water supply systems located in the Town, only
individual wells. The remainder of the Town is on public water. The Town operates a
"purchased" water system, in which water is purchased in bulk from Dare County and retailed
to the businesses, institutions and residences within the Town. Nags Head Public Works
Department's Water Distribution division maintains over 75 miles of water distribution lines,
ranging from 2 inches to 14 inches in diameter.
Dare County operate two, and the Town of Nags Head one, Water Treatment Plants (WTP's)
which provide the water that is sold to Town customers. These plants include the Skyco WTP -
a groundwater (well) cation/anion exchange plant on Roanoke Island, the North Reverse
Osmosis WTP, located in Kill Devil Hills, which treats groundwater, and the Nags Head Fresh
Pond (conventional) surface WTP. The Dare County NRO plant has recently completed an
expansion and the county water system can now supply flow for peak demand without the
Fresh pond water treatment plant. The Town and Dare County have entered into conversations
regarding the future of the plant. At this time, the Town has no intentions of removing the
Fresh Pond AEC designation. The Town is served by two 500,000 gallon pedesphere
(elevated) water storage tanks — one just north of MP 20, on land leased from the US National
Park Service at the end of Westside Court, and a new tank at the north end of Town behind
the Public Works Complex on Lark Avenue. This tank is at MP 10. The Town also operates two
500,000-gallon concrete ground storage tanks. One is located at the Eighth Street Water Plant
(adjacent to the Fresh Pond) and the second is at the Gull Street Pump Station, near MP 16,
across the Bypass from Tanger Outlet Mall. Two pump stations, one at each of the ground
storage tank locations, take water from the Dare County Regional System and pump it into the
Nags Head distribution system. Average pressure in the Town's system is approximately 50
p.s.i.
The Town periodically updates its Water System Master Plan using the outside engineering
consultant performing water study and design work at the time. The last two updates occurred
in 2000 and 2004. The most recent update focused on the recent development in the northern
end of Town, an event which had already led to the plans for the recently completed elevated
storage tank at MP 10.
The water supply system, both production and distribution is- in very good to excellent condition.
The Town recently convened a study committee to look at deficiencies in the distribution
system and identify waterline projects that would improve domestic water flow and quality, and
increase fire flows as well. The Board of Commissioners is in the second year of implementing
this water distribution system upgrade Capital Improvement Plan. The Town hopes to have the
upgrades complete by 2015.
The first major project, completed in FY 2005-06, connected three neighborhoods at the north
end of Town — Nags Head Pond, NH Acres and Vista Colony — through a 12-inch waterline,
:Zi7
! 4,700 feet long down Wellfield Road on the east edge of Nags Head Woods. This line feeds
directly from the new 500,000-gallon elevated water tower at the north end of Town.
' A number of waterline projects have been identified, but not to serve projected new
development. These will eliminate dead-end lines and improve fire flows to existing
development. Fill in development will take place where there is existing water infrastructure to
provide service. A developer is required to construct waterline extensions to serve new
subdivisions, or new sections of existing subdivisions.
■ Public and Private Waste Water Systems
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 for
low -density development in Nags Head is the use of septic tanks. For some higher density projects
in the Town, several package treatment plants have been built to accommodate this need. It is
likely that the Town will continue to rely on on -site septic systems as the primary means of
' treatment, along with package plants for higher density uses. Based on several EPA studies, in the
1980's, the Town presently does not view the installation of a public sewage system as either
economically sound or consistent with desired levels of density. No expansion of the existing
' central wastewater systems is expected. A few lots remain in the Village WWTP service area,
but they are located on portions of the already constructed collection system.
iThere are generally two categories of sources of pollution: "point" source and "non -point" source.
Point source pollution is that pollution where there is a defined source, such as a pipe or ditch
which empties into a body of water. With non -point sources of pollution the actual source can not
be verified, such as a pollutant that travels through the soils or groundwater to a surface water
body. Septic systems, when not properly sited or maintained, have often been suspected as being
non -point sources of pollution. Currently in the Town there are no wastewater treatment plants
which discharge treated effluent into Roanoke Sound.
■ Septic Systems
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 groundwater 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
61
maintained, are used incorrectly, or placed too close to the Roanoke Sound it may lead to
degradation of water quality.
As of March 11, 2005 there were 5,524 dwelling units in the Town. Of that number, 4,975 or 90
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 soil in Nags Head is
classified as having severe or very severe limitations to septic tank use. Evaluations of soils
following to State Health Department criteria differ substantially from the SCS criteria, and
generally indicate that soils are not as unsuitable for septic tank usage as the SCS criteria would
indicate. 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. (GS 103A-335). Current
regulations require a repair and replacement area of equal size to the septic system on any lot
recorded after January 1, 1983.
Tertiary treatment utilizing package plants or through a public sewage treatment system can
reduce adverse impacts resulting from improperly maintained or sited septic tanks. These
alternatives could indirectly lead to 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.
Currently within the Town there are four package sewer treatment plants which provide services to
720 hotel and dwelling units. The Nags Head Village Service Company system currently treats 395
dwelling units in The Village at Nags Head and all uses in the Outer Banks Mall. The Villas system
treats 120 units, the Nags Head Inn hotel system treats 100 units, and the Comfort Inn facility
treats 105 units. (see water and sewer map in Appendix C) The primary authority to regulate these
systems is the Dare County Department of Environmental Health and the State Division of
Environmental Management. The Town does not have any mapping or information regarding the
condition, location of lines, overflows, bypasses, of these package sewer treatment plants as they
are private. Information regarding Nags Head Village Service Company system can be found on
page 28 of this Plan.
■ Septic Health Program
Since 2000, the Town of Nags Head has both funded and operated the Septic Health Initiative.
The program targets property owners with gravity on -site waste systems and offers them
incentives to inspect and pump (if needed) their septic systems. In addition the program lends
out monies to owners with systems that need additional repairs or replacements. Water quality
monitoring is a very important aspect of the Initiative. Its measurements show water quality
impacts, if any, of on -site waste disposal in the Town of Nags Head. The Town monitors surface
and ground waters for enterococcus, fecal coliforms, nitrates, among other parameters.
The Septic Health Initiative in Nags Head originated from a Septic Health Committee consisting
of property owners and Town officials who were concerned that improperly maintained septic
62
' systems might be contributing to the degradation of area waters. The Town's goal is to
continue the use of on -site wastewater disposal systems as the primary means of wastewater
treatment in a manner that "maintains or improves the quality of the Town's surface waters and
groundwater, and maintains low density development."
The Town of Nags Head supports the state Non -Point Source Management Program Action Plan
Goals listed under the specific areas of on -site wastewater management, education, and water
quality monitoring.
iThe Septic Health Initiative is managed by a coordinator in the Planning and Development
Department and is funded by the Town of Nags Head. The following is a detailed description of
the four programs included in the Septic Health initiative:
• The Septic Tank Inspection and Pumping Program offers incentives to all qualifying property
and business owners in Nags Head, whom are not on a state -regulated system. One
incentive comprises of a full price refund to have a system inspected by a Town -approved
contractor. If the property owner wishes to have their system pumped the Town will place a
$30.00 water credit on the property water bill account. The completed inspection reports
' are then put into a Town database to track failures, types of use, age, size, location, and
many other items. The Town of Nags Head established competitive prices for the detailed
inspection and pumping. To assist property owners with failing systems the Town developed
and offers a low interest loan program, payable over three years without a credit check to
get systems repaired or replaced as needed. The maximum amount allowed to be financed
is $3000. The overall goal of the inspection and pumping is to have all septic systems in
Nags Head inspected and pumped within 4-5 years.
• The Water Quality Monitoring Program was created to track the flow of possible septic
system pollutants in ground water and their influence, if any, on nearby surface water
' constituents. The monitoring consists of testing certain parameters like fecal coliforms,
ammonia and nitrates, phosphates, dissolved oxygen, pH, and other factors such as
weather (rain, wind direction) and tidal influences. This program currently has 31 different
sites being sampled on a weekly basis. The results are being compiled into a database for
the analysis of trends. The results will be used to develop a Decentralized Wastewater
Master Plan.
• The third part of the initiative is the Education Program and is the means in which The
Town of Nags Head is teaching both young and old the proper use and maintenance of
septic systems. The Town of Nags Head believes that proper maintenance and upkeep of
these systems will eliminate costly repairs or replacements. Currently this program is made
up of brochures, door hangers, and stickers that have a septic logo that speak on the
proper uses of septic systems. This information is included in rental packets with area
realtors. The Town of Nags Head, in the past, has worked closely with the local N.C.
Cooperative Extension Service on programs with county schools to explore the subject of
septic systems and waste disposal in a clear and concise manner that will be easily
understood by elementary students. We also have a septic tank maintenance video that airs
on the local government access channel.
• The fourth and final part of the initiative was the development of a Decentralized
Wastewater Master Plan.
� 63
■ Transportation Systems
Introduction
As the permanent and seasonal populations of Nags Head expand, and the commercial areas
which serve them increase in size, traffic and congestion on Town streets will become an
increasingly important concern. In addition to local traffic, as the Dare beach communities grow,
Nags Head will receive substantial increases in 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.
The existing transportation system consists of two primary roads running parallel with the Atlantic
Ocean. These two roads have several names. NC 12, which is closest to the ocean, is also known
as South Virginia Dare Trail and as the "Beach Road." US 158, generally runs down the center of
Town is also known as South Croatan Highway and formerly as the "Bypass." In addition to these
two state maintained roads, there are numerous Town roads which run in an east -west
configuration connecting these two major roads. In South Nags Head, south of Whalebone
junction, NC 1243 (South Old Oregon Inlet Road) is a state road and is the only major road within
Nags Head serving this area.
■ Transportation Improvements
The NC Department of Transportation has completed a Thoroughfare Plan for the Outer Banks.
The plan suggests improvements to US 158 and offers other suggestions for improving traffic flow
in Nags Head and the Outer Banks. On April 15, 1998, the Nags Head Board of Commissioners
adopted a resolution accepting the Thoroughfare Plan. Some of the major recommendations of
that study are:
• Widening of US 158 to include additional travel lanes. The recommended proposed road cross
sections could be a combination of: (1) seven lanes, (2) six lanes divided with possible grassed
medians, or (3) a combination of the two.
° Improve NC 12 with by an additional three feet of pavement on both sides of NC 12.
° Where there is a currently a third turn lane on NC 12, the interconnecting road to US 158
should be widened to three lanes.
° Gull Street and Lakeside Street should be three lanes from NC 12 to US 158. A signal should be
placed at Gull Street to address access to the Tanger Outlet.
• A three -lane configuration for Mall Drive (completed), Danube Street, Deering Street, Hollowell
Street, and an extension of Villa Dunes Drive* from US 158 to NC 12. Three lanes are also
recommended for Bladen Street, Barnes Street, an extension of West Satterfield Landing
Road* to NC 12, and Eighth Street between US 158 and NC 12.
° A "flyover" at Whalebone Junction.
* Some of the three -lane sections mentioned above will require the acquisition of private property
for rights of ways.
The Outer Banks Thoroughfare Plan bases most of the future traffic projections on the assumption
that the mid -county bridge in Currituck, connecting the mainland to Corolla, will be built by the end
of the planning period (2010).
Improvements to US 158 and NC 12 since 1985 include the widening of US 158 to four lanes, and
repaving and adding a paved area alongside the drive lanes on NC 12. Additional local
improvements over the last ten years have included the replacement of the Washington Baum
Bridge, the "Little Bridge", and completion of a parallel Wright Memorial Bridge in Kitty Hawk and
Southern Shores, and relocation of US 64-264 around Manteo with a new bridge connecting
Roanoke Island to the Dare mainland at the intersection of US 64-264 and SR 345. Anticipated
projects for the Outer Banks include a mid Currituck County Bridge and the improvement of US 64-
264 outside of Nags Head to a four -lane road. While many of the problems getting to the Outer
Banks especially from Virginia have been reduced by the improvement projects to US 158 and US
168 in Currituck County summer traffic is still very much a concern.
■ Hurricane Evacuation
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, the National Park Service, various state agencies and the county.
The control group utilizes various computer models to determine when an evacuation is needed.
The computer models are useful tools in attempting to determine when to evacuate and 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. As Dare and Currituck County areas continue to grow, hurricane
evacuation should be constantly addressed.
■ Traffic Congestion
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.
During the development of the Outer Banks Thoroughfare Plan, traffic counts were made on
selected roadways. The annual average (2005) daily traffic volume on US 158 north of the
Whalebone Junction intersection was reported to be 23,000 vehicles per day. According to NCDOT
the practical capacity for this section of US 158 to cant' traffic is 28,000 vehicles a day. DOT
estimates that by the year 2010, the average daily traffic will be 48,000. 2005 average annual daily
traffic was 18,000 vehicles a day on the Causeway (US 64-264) and 35,000 on US 158 near Ocean
Bay Boulevard in Kill Devil Hills. The practical capacity on this section in Kill Devil Hills is 28,000
vehicles per day. The count on NC 12, at Ocean Bay Boulevard was 7,400 vehicles per day with a
practical capacity of 10,500.
RRI
Sidewalks, Multi -Use Pedestrian Paths, and Bike Paths
In an attempt to facilitate other than vehicular access to the beach, the Town over the last ten
years has constructed sidewalks along Eight Street, Barnes, Bonnett and Bladen Streets and a
sand -clay path that connects Old Nags Head Cove to the Enterprise Street Access. Shorter
sidewalks exist at Mall Drive, Seachase and Baymeadow Drive. Several years ago the Town
constructed a multi -use pedestrian path (roughly it miles) parallel to NC 1243 from 8t' Street to
the southern Town boundary. In addition, the Town, in late 1997, completed a sidewalk along
Danube Street stretching from Roanoke Sound to the Small Street Beach Access site. In early
2008, the Town began construction of a section of the multi -use path on the Westside of US158
with the assistance of the North Carolina Department of Transportation. The section is now
complete and stretches from 8th Street to Carolinian Circle. The Town goal is for the multi -use
path to extend to Hollowell Street (Jockeys Ridge).
In the NC -DOT Thoroughfare Plan, one of the major recommendations is to widen NC 12 with
three feet of pavement on each side of the roadway. Respondents to the 2006 Land Use Plan
Survey were asked about the need for more bikeways and sidewalks throughout the Town.
Opinion was, 73 percent indicating a need for more bikeways and sidewalks throughout the Town
and 50 percent willing to pay higher taxes to finance such improvements.
■ Alternate Forms of Transportation
As the Town and the entire Outer Banks continue to grow, the need for other forms of
transportation such as public transportation to mainland Dare as well as other counties may
materialize. Several years ago a trial of a "beach bus" was conducted and was discontinued due to
lack of funding. Currently there are few forms of public transportation other than private taxis.
During the tourist season many workers travel from the outlying communities to the Outer Banks.
It is not uncommon for people to travel daily from as far as Elizabeth City to the Outer Banks for
employment. Public transportation may help to alleviate transportation concerns for the work force
that do not live in the Town or Dare County.
■ Alternate Energy Sources
The Town recognizes that there are alternative energy sources to using fossil fuels. While these
energy sources reduce carbon dioxide emissions, visual and aesthetic considerations should be
addressed.
■ Wind Energy
The Town recognizes that wind energy is plentiful, renewable, widely distributed, clean, and
reduces greenhouse gas emissions when it displaces fossil -fuel -derived electricity. There is
currently one wind turbine located within the Town Limits. It is located in Jockeys Ridge State
Park and is used to power a restroom facility.
Small wind turbines may be as small as a four hundred watt generator for residential use.
Small scale turbines for residential -scale use are available that are approximately 7 feet to 25
feet in diameter and produce electricity at a rate of 900 watts to 10,000 watts at their tested
' wind speed. A small wind turbine can be installed on a roof. Installations issues then included
the strength of the roof, vibration and the turbulence caused by the roof ledge. Aesthetic and
safety issues such as a fall zone around the turbine are a concern as well.
' ■ Solar Energy
Solar energy technologies harness the suns' energy to provide heating, lighting, and electricity.
' While the Town encourages the use of solar power there are currently no zoning restrictions on
them unless they are a separate structure in which case a zoning permit would be required.
■ Wave Energy
Wave power refers to the energy of ocean surface waves and the capture of that energy to
generate electricity and pump water (into reservoirs). Wave power is determined by wave
height, wave speed, wave length, and water density. Some challenges with wave generation
are constructing devices that can survive storm damage and saltwater corrosion and efficiently
converting wave motion into electricity.
■ Stormwater Systems
Effective stormwater management requires proactive planning to prioritize the Town's needs.
' In 2006 the Town contracted with WK Dickson to develop a Stormwater Management Plan that
would include an inventory of significant drainage structures, a capital improvement plan with
projects to mitigate flooding and improve water quality, and a review of the Town's existing
stormwater ordinances.
The existing stormwater drainage system for the Town relies heavily on five (5) ocean outfalls
' maintained by the North Carolina Department of Transportation (NCDOT). These outfalls were
installed, by the DOT, after the Ash Wednesday storm in 1963 to facilitate drainage of ocean
over wash in the Town. Four of the outfalls are located within Town limits and the fifth is
located immediately south of the Town boundary. The outfalls were originally constructed to
provide drainage for ocean over wash events when the storm surge from the ocean overtops
the dunes. As development occurred throughout the 20t' century, additional stormwater
' drainage systems were connected to the outfalls. The outfall pipes were designed to convey
DOT drainage but some now convey Town and non DOT drainage. In addition to the NCDOT
outfalls, twelve (12) outfalls were identified along the western portion of the Town drainage
' either to the Roanoke Sound or to the marsh areas west of South Nags Head.
The existing outfall system is designed primarily to provide flood relief for roadways and private
property. However providing flood relief by draining runoff towards the surrounding water
bodies can degrade the water quality of the receiving waters as pollutants from impervious
surfaces and drain fields are possibly included in the stormwater runoff. Preserving the water
quality is critical to the Town of Nags Head as the Town strives to be good stewards of the
environment. Water quality is an important component of providing a healthy environment for
residents and tourists since recreational water use is so prevalent. To maintain or improve the
I
water quality of the surrounding waters stormwater runoff will need to be reduced and/or
treated prior to discharge into the receiving waters.
The 2006 Stormwater Management Plan suggests nineteen (19) flood control projects which will
concentrate stormwater within the conveyance system thereby increasing stormwater flows and
potentially increasing pollutant loads in the conveyance system. Several of the flood control
projects include recommended extended detention wetlands to help provide water quality
treatment before discharging into the sound or ocean. There are also seven (7) projects
suggested with the intent of improving Water Quality in existing stormwater pathways, primarily
to reduce the impact of discharges to the Roanoke Sound.
Following are the areas experiencing drainage problems and are designated as proposed flood
control projects in the 2006 Stormwater Management Plan: Gallery Row, Nags Head Pond, Nags
Head Acres, Vista Colony, North Ridge, Soundside Road, South Ridge, Old Nags Head Cove,
Village at Nags head, Whalebone Junction, South Old Oregon Inlet Road (MP 19), South Old
Oregon Inlet Road (MP 18), Hargrove Street, Gull Street, Finch Street, Curlew Street/Linda
Lane, and Croatan Highway Wetland. The Water Quality projects include the Racetrack Wet
Pond, Glidden Street Wetland, Dune Street infiltration basin, Outer Banks Mall Sand Filters,
Finch Street pocket wetland, Grouse Street wetland and Whalebone Junction pocket wetland. A
map of the proposed sites can be found in the Town of Nags Head, North Carolina Stormwater
Management Plan Volume I: Capital Improvement Plan located at the Department of Public
Works. The North Carolina Department of Transportation has also started the M-0389 Pilot
Program to develop new and innovative technologies and filtering systems to clean up
discharges from NCDOT maintained outfalls and outlets. The Towns' Public Works Department
uses the Division of Water Quality's new stormwater rules in the review of new commercial
development projects.
Other Facilities
■ Solid Waste Collection
The Town maintains its own collection system to pick up residential and commercial garbage
within Town. After the Town trucks picks up the garbage, it is then deposited at a the transfer
station at the Stumpy point landfill on the Dare County mainland. From there the Albemarle
Regional Waste Authority transports the garbage and disposes of it in a landfill in Berne County on
the mainland. Several years ago the Town, in cooperation with the other Towns in the County,
established contracts with Dare County for waste disposal. The County has contracted with the
Albemarle Regional Waste Authority for the disposal of solid waste.
■ Land Suitability Analysis
One of the DCM requirements (NCAC 15A 7B. 0702 (5)) for land use planning is to perform a
land suitability analysis (LSA) using Geographic Information Systems (GIS) data disseminated
by state agencies, the Town of Nags Head, Dare County, as well as other sources. The LSA is
"a process for determining a planning area's supply of land that is suitable for development.
.:
The analysis includes consideration of a number of factors, including natural system constraints,
compatibility with existing land uses and development patterns, existing land use policies, and
the availability of community facilities" (DCM, CGIA, 12/2005). The final product of this analysis
is a land suitability map which can be used to help decision -makers understand community land
use opportunities and constraints and which can also be used as a foundation for the future
land use map. The analysis is intended to apply to undeveloped land that may experience
future development or land that has the potential for redevelopment.
The LSA uses a GIS-based model to classify land based on its suitability for development. The
computer model divides the planning jurisdiction into 1-acre grid cells. GIS layers are overlaid
for the entire Town of Nags Head and a suitability rating is calculated for each cell by
multiplying the value and weight of each layer contained in that cell. For instance, a cell might
be located in several environmental hazard areas such as a flood zone or a storm surge
inundation area however it could also be in close proximity to improved Town streets and water
service. Negative values are assigned to the cell because of the two environmental hazards
that are present, and positive values are assigned to the cell because the area has nearby
community facilities available. The values are averaged to calculate the final suitability rating for
that cell. The Town has the ability to weight certain layers based their level of importance to
the community. For instance, if the Town has a strong desire to preserve beneficial non -coastal
wetlands, a weight can be applied to the beneficial non -coastal wetlands layer to double or
triple its value when calculating the final suitability rating. Communities can also add layers to
the model to improve its accuracy or to consider other important factors not included in the
original model.
Land suitability ratings from the model are classified on the LSA map as least suitable, low
suitability, medium suitability, or high suitability. Least suitable areas are not suitable for
development and can include coastal wetlands, protected areas, or estuarine waters. If least
suitable layers are present in any cell, the cell is automatically classified as least suitable
regardless of any other layer present in that cell. The September 2006 flood maps were used
for this analysis.
Below is a table showing the layers included in the Nags Head model and the weights and
values assigned to each layer. Staff and the LPG agreed upon several modifications to the
original model after a number of model runs. Three additional layers were added to the model,
the ocean hazard area (v zone)', the fresh pond 500' buffer', and the fresh pond buffer >500',
' <1,200'. The ocean hazard area layer was added to reflect the results of the new flood maps
and to provide a lower suitability rating for oceanfront development. In previous model runs,
suitability for oceanfront and non -oceanfront development was essentially the same. The fresh
' pond layers were added to reflect regulations for the fresh pond AEC. A higher weight was
assigned to 'developed land; and `water pipes' was modified to have the same weight as
'primary roads'. The 'sewer pipes' layer weight was changed from three to one since it was
' providing a higher suitability value to land that is in close proximity to the Kill Devils Hills sewer
system. The LPG agreed that the proximity to the Kill Devil Hills system had no bearing on
Nags Head development potential.
Table 30
Land Suitability Criteria and Ranking
Layer Name Least Low Medium High Assigned Percent Multiplier
Suitable Suitability Suitability Suitability Weight Weight
0 -2 1 2
Coastal Wetlands Inside Outside
Exceptional and Substantial Inside Outside
Non -coastal Wetlands
Estuarine Waters Inside Outside
Fresh Pond >500' , <1,200'
Inside
Outside
1
4.167
0.04167
Beneficial Non -coastal
Wetlands
Inside
Outside
1
4.167
0.04167
High Quality Waters
Inside
Outside
1
4.167
0.04167
Storm Surge Areas
Inside
Outside
2
8.333
0.08333
Soils with septic limitations
Severe
Moderate
Slight
1
4.167
0.04167
Flood Zones
Inside
Outside
2
8.333
0.08333
Ocean Hazard Area (V Zone)
Inside
Outside
3
12.500
0.12500
Significant Natural Heritage
Areas
< 500'
> 500'
2
8.333
0.08333
Hazardous Substance Disposal
Sites
< 500'
> 500'
1
4.167
0.04167
NPDES Sites
< 500'
> 500'
1
4.167
0.04167
Wastewater Treatment Plants
< 500'
> 500'
1
4.167
0.04167
Municipal Sewer Discharge
Points
< 500'
> 500'
1
4.167
0.04167
Total I I I I 124 1100.000 11.00000
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Implications of the Land Suitability Analysis
DCM guidance provided with the LSA model describes an issue with the usability of the LSA
' model at the municipal level. DCM advises that the output of the model is best used "for
evaluating sizable tracts of undeveloped land in larger municipalities or at the county level and
problems will likely arise when the model is applied to long, thin barrier beach municipalities
' due to the scale and dynamic nature of the data used." DCM has recommended that
municipalities explore "whatever additional means or supplementary info to address the land
suitability requirements." As one can see on the LSA map, a large portion of the Town is
' considered least suitable for development. Much of this property is under State ownership
(Jockey's Ridge State Park) or in the Nags Head Woods maritime forest in areas owned by the
Town and/or the Nature Conservancy that have been set aside for conservation. Several of the
' beach access areas are shown as least suitable because of certain grant funds that were used
which place limitations on their future use. Areas of high suitability were generally outside of a
flood hazard area or storm surge inundation area. Ocean hazard areas and estuarine AEC areas
' were assigned a low suitability ranking. Areas in flood zones (2006) or storm surge areas,
which generally had no other limitations, were considered to have medium suitability.
' Although much of Nags Head is already developed, the LSA will help guide future policies for
infill development or redevelopment, specifically regarding regulations that control development
density or intensity. If nothing else, the LSA map is an indication of the land development
' constraints and opportunities that exist and a recognition that a coastal barrier community such
as Nags Head is certainly a fragile and sometimes hazardous environment, which must be
managed carefully. The LSA map is located in the Appendix.
71
IReview of Current CAMA Land Use Plan
' The purpose of the review of the previous Land Use Plan is for the local governing body to
review its successes in implementing the policies and programs adopted in the plan and to
evaluate the effectiveness of the policies in achieving the goals of the plan.
' Effectiveness of Policies from 2000 Land Use Plan
The 2000 Nags Head Land Use Plan did not suggest a dramatic change in land use or
development patterns within Nags Head. The plan emphasized protecting and enhancing the
quality of life for Nags Head residents and visitors. The same general direction is applicable to
the LUP update; however there may even be a stronger sense of a need for preserving the
character and charm of Nags Head. The Town of Nags Head wishes to remain what it is and
has basically been throughout its history ... a relaxed family -oriented beach community. The
policies in the 2000 Land Use Plan reflected this opinion. The use of existing local, state, and
federal rules and regulations was seen as the means by which this overriding goal could be
achieved. This is what that document presented in 2000 and it is what was approved.
Overall the Land Use Plan policies from 2000 have been successful in protecting the quality of
life within Nags Head within the realistic budgetary and legal constraints the Town faces. It can
therefore be said that the generalized policies from the previous Land Use Plan were effective
and were successfully implemented by Town officials.
Conflicts between 2000 Land Use Plan Policy & Local Ordinances
There are no existing conflicts between 2000 Land Use Plan policies and current local land use
ordinances.
2000 Land Use Plan Policies
The policies from the 2000 Land Use Plan (listed following) were reviewed with Town staff
during Phase I. Discussion of each policy centered on the policy implementation status,
implementation constraints, the application of the policy, and the policy effect on the Town.
1. The Town recognizes beach nourishment as our preferred alternative for addressing the
impacts from barrier island migration and ocean erosion. However, the Town also
supports a variety of methods to abate the impacts to ocean erosion, these include, but
are not limited to acquisition of threatened structures, relocation of threatened
structures and the establishment of innovative technology or designs which may be
considered experimental, which can be evaluated by the CRC to determine consistency
with 15A NCAC 7M .0200 and the other general and specific use standards with the
CAMA rules. (Highest Priority)
Implementing actions
A. The Town will sponsor studies designed to determine the financial contribution the
beach makes to the Outer Banks and the region.
73
This is an ongoing activity regularly performed by the Outer Banks Visitors Bureau. The
Town considered contracting to do a separate study but this did not receive majority
support from the Board.
B. The Town will acquire oceanfront property when the opportunity arises.
The Town has acquired several washout properties such as Ehmann and Archibald. The
Town assisted with the acquisition ofJeannette 's Pier.
C. The Town will investigate mitigation programs and grants to assist the properly
owner in the relocation of threatened structures.
Town Staff is aware of these programs; however, these grants require a local match and
the Town has not taken the position to support relocation with government financial
assistance.
2. The Town supports beach nourishment projects for the Town beaches subject to
commensurate funding appropriations from federal, state and local sources. The Town
will support and encourage the establishment of a statewide beach management
strategy and policy along with a dedicated funding program designed specifically for
beach restoration and nourishment projects. (Highest Priority)
Implementing actions
A. The Town will actively lobby the State for a state policy and strategy on beach
nourishment and beach renourishment.
There is an ongoing dialogue between Town Staff & elected officials, LAMA, and State
representatives
B. The Town will lobby the State to establish an annually state funded statewide
nourishment program.
There is an ongoing dialogue between Town Staff & elected officials, LAMA, and State
representatives
C. The Town will seek funding from local and regional sources to assist with the local
match for federally funded beach nourishment projects.
In 2005, Dare County voters repealed a sales tax increase for this purpose. The Town is
pursuing a locally funded beach nourishment project which would involve an increase in
ad valorem taxes The Town has asked the County and the State to contribute to this
locally funded project.
D. As an alternative to relying on private dredging contractors for beach nourishment
and renourishment the Town will investigate or request the investigation of the
feasibility of either a local or a state funded and operated dredge.
This has been evaluated but is not being pursued at this time.
74
' 3. The Town recognizes that the ocean beaches are our single greatest asset. Fundamental
elements important to the Town include, clean beaches, ample recreational access
' opportunities, no commercialization, reasonable beach driving regulations and the
prompt resolution of user conflicts as they arise. (Highest Priority)
Implementing actions
' A. The Town will not allow or permit any commercialization of the Town's ocean
beaches.
' Town regulations place /imitations on this type of activity.
B. When the opportunity arises, the Town will acquire oceanfront property for access
' and open space.
The Town has acquired several washout properties such as Ehmann and Archibald. The
Town assisted with the acquisition oflennette's Per.
' C. The Town will make a financial commitment including additional personnel and
equipment if needed to keep our ocean beaches clean of debris and litter.
' The Town annually reviews the sta>fng needs of its public works and ocean safety
crews Additionally, the Town often requests inmate assistance to clean beaches
D. The Town shall seek financial assistance from the Outer Banks Visitors Bureau for
' funds to clean up the beach when the beach becomes impacted, for example: with
debris from a storm; fish kills; whale stranding, and other events which impact the
attractiveness of the beach.
' The Town has not used funds from the Ksitors Bureau; however, the Town has used its
own funds for these purposes
' 4. The Commercial Outdoor Recreational Use Overlay Zoning district was established to
accommodate the ever-growing commercial recreational development requests made to
the Town. It shall be a policy of the Town to periodically review the adequacy of these
1 regulations and make the necessary modifications when public health, safety and
welfare issues arise. The Town shall not enlarge the Overlay district and shall consider
reducing the District in size or amending the uses when conflicts develop. (Priority)
' Implementing actions
A. The Town shall consider reducing either the size of the Commercial Outdoor
' Recreational District, or the number of personal watercraft vendors when an existing
rental operation ceases operation and is converted to another use.
?he size of the Commercial Outdoor Recreational District has not been reduced;
' however the number of commercial outdoor businesses has declined.
B. The Town shall not increase the number of rental PWC units allowed to be rented at
' each site and shall consider reducing the number of rental PWC units and vendors
(currently two) on the south side of the Causeway when the opportunity arises.
Since this regulation was adopted, one of the businesses closed. The Town has not
' increased the number of PWC rental businesses
5. Mitigation represents a proactive approach to reducing the vulnerability of risk to
properties in the Town. The Town will investigate innovative programs and seek funds
for mitigation measures such as relocation of threatened structures and more stringent
building codes for high hazard areas that support the growth management policies of
the Town. (High Priority)
Implementing actions
A. The Town shall investigate the feasibility of becoming a FEMA "Project Impact"
community.
This program no longer exists
B. The Town shall consider the applicability of requiring N Zone" structural certification
for structures in the 100-year (A) flood zone.
The Town has not considered use of V-Zone structural certification standards in the A
flood zone. However, a majority of the land area east of NC 12 and NC 1243 has been
classified by FEMA as a V zone on the 2006 flood maps
C. The Town will consider amendments to our Flood Ordinance which addresses freeboard
and other flood mitigative measures recognized by FEMA and the CRS program to
reduce flood loses.
The Town has adopted new flood mapping throughout the Town which has increased
the number of flood policies and has extended more stringent regulations to a greater
number of properties
6. The Town shall consider higher flood regulatory standards for vehicle and equipment
storage areas and structures or facilities that produce, use or store highly volatile,
flammable, explosive, toxic and or water -reactive materials that may cause
environmental problems if flooded or destroyed. (Highest Priority)
Implementing actions
A. The Town shall develop a program to identify businesses and material storage areas
where significant amounts of toxic or hazardous products are stored which would be
subject to flooding.
The Town Public Safety Department is working to create a fire pre plan database which
would document the location of these materials
B. The Town shall develop regulations to require fuel tanks, including LP tanks to be
adequately anchored to prevent flotation or submersion in the event of flooding.
The Town's Flood Ordinance requires new or substantially improved structures to be
anchored to prevent flotation, collapse, or lateral movement of the structure.
7. The Town will work with and petition NCDOT for (1), the necessary road improvements
in getting people to the Town, (2) finding ways to reduce the number of vehicles and
reduce traffic congestion within the Town on US 158 and (3), increase efficiency on NC
12 and US 158. Such improvements including, but not limited to medians, a flyover at
76
Whalebone ]unction, signal coordination, new signals or the removal of existing signals.
(High Priority)
' Implementing actions
A. The Town will annually review and forward to NCDOT through the TIP process
' transportation improvement projects, studies, and improvements desired by the
Town.
The Town is represented on the Outer Banks Transportation Task Force through
' participation on several committees The Town requested on April 11, 2007
through a resolution that NCDOT prepare a comprehensive transportation plan for Dare
and surrounding counties
Thoroughfare Plan. The Town conceptually accepts the Outer Banks Thoroughfare Plan
dated March 1996 and Town supports improvements, such as adding grassed medians
' where appropriate on US 158 which are designed to enhance safety for citizens and
visitors, however the Town does not favor improving those cross streets which have
been identified by NCDOT in the connecting NC 12 and US 158 until a need has been
' demonstrated. (High Priority)
Implementing actions
A. The Town will work with NCDOT to request changes to the Plan which reflect the
' current road and traffic conditions within the Town.
The Town is represented on the Outer Banks Transportation Task Force through
' participation on several committees The Town requested on April 11, 2007
through a resolution that NCDOT prepare a comprehensive transportation plan for Dare
and surrounding counties.
' B. The Town will work with NCDOT to adequately represent "paper streets" and will resist
the withdrawal of existing unimproved streets unless it can be shown that such a
withdrawal is in the public good.
' The Town has withdrawn paper streets including Turnstone Avenue and Fresh Pond
Avenue.
' 9. Town Streets. The Town will evaluate all future development for its impact on traffic
congestion and manage this development so as to minimize its impact on traffic. More
specifically, the Town encourages development to exit on side streets rather than South
' Implementing actions
A. The Town will develop regulations limiting access to US 158; NC 12, NC 1243 and US
' 64-264 when access can be obtained either through a side street or common drive
aisle.
Subdivision regulations control the number of access points for new subdivisions
The Village of Nags Head Access Plan was implemented which addresses many of
these goals within the Village at Nags Head. Existing lots adjacent to major
thoroughfares are allowed access
' B. The Town will consider developing regulations which addresses multiple curb cuts
onto Town streets.
77
The Town has an element in the subdivision regulations that requires shared
driveways or local access streets for new developments Also, requirements exist
that limit commercial curb cuts based on lot road frontage.
10. During the subdivision process the Town shall require wider rights -of -ways and greater
construction standard to proposed Town streets when it can be demonstrated that the
proposed street may be required to accept local traffic from other nearby streets which
may be damaged or threatened or closed by natural events. (Low Priority)
Implementing actions
A. The Town will develop regulations requiring a greater street standard (dimensional
and construction) where it can be reasonable demonstrated that nearby streets may
be destroyed by a storm or other natural event and the proposed street will be
required to accept greater amounts of traffic due to the loss of near by streets.
This policy has not been implemented.
11. Sidewalks. The Town places a high value on and encourages the use of alternative
means of transportation including sidewalks. The Town will lobby and work with NCDOT
for construction of a detached multi use path along the east side NC 12. The Town will
cooperate with NCDOT and other municipalities in developing a coordinate pedestrian
multi -use path on the Outer Banks. (Highest Priority)
Implementing actions
A. The Town will review and update the Nags Head Pedestrian Transportation System
Plan adopted on November 6, 1996.
This policy has not been implemented.
B. The Town will submit funding requests through the CIP and budget process for the
implementation of the five and ten year plans and shall coordinate these plans with
NCDOT when appropriate
Ongoing. The Town continues to coordinate with NCDOT to implement CIP projects that
improve transportation alternatives within the Town.
C. The Town shall consider incentives for commercial development which provide
pedestrian and bicycle amenities (e.g., sidewalks, bike racks) to improve circulation
within and to their site.
This policy has not been implemented.
12. The Town will continue to install sidewalks within Town right-of-ways to facilitate
pedestrian traffic and movement to recreational sites and amenities and other areas
which generate pedestrian traffic when the need is demonstrated. The Town will install
these sidewalk improvements to correspond with existing and proposed NCDOT's
signalization plan. (High Priority)
Implementing actions
A. The Town will identify recreational sites where sidewalks would facilitate pedestrian
traffic to these recreational facilities and will submit funding requests through the
budget and CIP process.
78
Sidewalks exist to the Town Park and to some ocean access sites A multi -use path
has also been constructed along the east side of NC 12. Actual construction and future
planning is underway for a multi -use path adjacent to the southbound lanes of US 158.
13. The Town shall consider requiring the installation sidewalks and other pedestrian
facilities as part of the required infrastructure and improvements for new subdivisions.
(Low Priority)
Implementing actions
A. The Town will consider amendments to the subdivision ordinance requiring the
installations of sidewalks in areas identified in the "Nags Head Pedestrian
Transportation System Plan".
This policy has not been implemented. No changes (relative to sidewalks) have been
included in the subdivision ordinance.
14. The preferred form of sewage treatment and disposal shall be the on -site septic
systems. The Town realizes that proper maintenance of septic systems and strict
enforcement of local and state rules are essential for their safe operation and through
the Septic Health Initiative Committee. The Town shall develop a Management Plan as
well as preventative and educational programs for distribution to residents and visitors
designed to identify and correct failing septic systems. (Highest Priority)
Implementing actions
A. The Town shall develop a management plan and educational program to implement
the above actions.
This policy has been implemented. The Town has a Septic Health Program which
includes an education and maintenance campaign directly targeted at improving septic
system health. An on site wastewater management plan has also been completed and
adopted.
15. Proper placement and maintenance of septic systems located in close proximity to
drainage ditches or located near the ocean or sound are essential for maintaining
high water quality standards. When septic systems fail, effluent can enter these waters
and lead to health concerns and closures. The Town does not consider a water
classification of SB (Tidal salt waters protected for all SC uses in addition to primary
recreation. Primary recreational activities include swimming, skin diving, water skiing,
and similar uses involving human body contact with water where such activities take
place in an organized manner or on a frequent basis.) or SC (All tidal salt waters
protected for secondary recreation such as fishing, boating, and other activities
involving minimal skin contact; fish and noncommercial shellfish consumption; aquatic
life propagation and survival; and wildlife.) acceptable and will support research to
determine the sources of pollution and consider or lobby for additional regulations
or enforcement of existing regulations to prevent further degradation and shall seek
measures to enhance water quality where needed. (High Priority)
FLU
Implementing actions
A. The Town shall apply for grant funds for projects that are designed to improve or
prevent further degradation of water quality of our ocean and sound system.
The Town has applied for Clean Water Management Trust Fund grants but has later
withdrawn those applications
B. The Town will fund or assist in funding a water quality -testing program.
The Town has a Water Quality Monitoring Program. The program currently has 31
different sites being sampled on a weekly basis The results are being compiled into a
database for the analysis of trends The results were used to develop a Decentralized
Wastewater Master Plan.
C. The Town shall seek funding and shall support water quality testing of the ocean
and sound waters to determine the extent, if any of non -point sources of pollution
The Town has a Water Quality Monitoring Program as described above. NCDENR
is also conducting a study of ocean outfalls to determine the sources of pollution and
possible measures to reduce to impacts of stormwater runoff.
D. The Town shall seek strict enforcement of existing laws and regulations and shall
consider new regulations, if needed, to protect estuarine and ocean water quality.
This policy has been implemented, however through a review with the NC State
Attorney General, it was determined that stricter enforcement of existing laws
currently administered by the Health Department is not feasible.
16. The Town shall continually assess and evaluate the Stormwater Management Plan
and update the plan when necessary and shall actively work to minimize the rate
and amount of stormwater runoff into ocean and sound waters and the impact that
stormwater has on those waters. (Low Priority)
Implementing actions
A. The Town shall review the adequacy and amend as need the Stormwater
Management Plan.
The Town adopted a new Stormwater Management Plan in 2006.
17. The Town recognizes that maintenance is essential for the proper functioning of the
ocean and sound outfalls shall actively lobby NCDOT for continued maintenance.
The Town will work to eliminate existing ocean and estuarine outfalls when economically
viable alternatives exist for land disposal. (Priority)
Implementing actions
A. The Town will investigate the feasibility of land disposal and storm water retention in
lieu of outfalls and shall seek funds and grants or lobby NCDOT where the feasibility
exists for land application of stormwater.
NCDENR is working on a specific project to identify sources of pollution to ocean outfalls
maintained by the State. This project will include recommendations to reduce
the impact of this stormwater. Recommendations may include land disposal of
stormwater before it reaches the ocean outfall. The Town has made continued requests
:a
to NCDOT for maintenance of the outfalls NC Dot has set aside 15--16 million dollars for
outfalls along the North Carolina coast.
r18. The Town recognizes that when ocean beaches and estuarine areas and waters are
closed for health reasons, proper public notification of the closures is essential for public
safety. The Town will work with the respective regulatory agencies to develop a
' protocol and to ensure that public notification is released in a timely manner after
careful monitoring has indicated that the agreed upon standards have been exceeded.
(Priority)
' Implementing actions
A. The Town will initiate meetings with the County to develop and establish water
1 quality and monitoring standards and to develop a protocol for public notification
when beaches and waters are closed for health reasons.
' The Town has worked with Shellfish and Sanitation to establish guidelines for public
notification.
19. The Town shall continually assess the Town's water processing capacity, storage
' capacity and distribution system along with monitoring adequate pressure and fire
supply and shall make the necessary system improvements when needed. The Town
recognizes the importance of a dual or looped water supply system for pressure, service
' and fire supply and will continue to loop the system when opportunities and funding
permits. (Low Priority)
Implementing actions
' A. The Town shall develop a five-year and 20 year improvement plan and request
funding through either the budget or CIP process to implement that plan.
' The Town periodically updates its Water System Master Plan. The last two
updates occurred in 2000 and 2004. The most recent update focused on the recent
development in the northern end of Town, a phenomenon which had already led to the
' plans for the recently completed elevated storage tank at MP 10. The Town recently
convened a study committee to look at deficiencies in the distribution system and
Identify waterline projects that would improve domestic water flow and quality, and
' increase fire flows as well. The Board of Commissioners is in the second year of
implementing this water distribution system upgrade Capital Improvement Plan.
20. The Town realizes that vacation rentals and seasonal rentals, and particularly, the rental
' of large oceanfront homes, while promoting the single-family tourist rental economy,
can significantly impact Town municipal resources and infrastructure. The Town shall
comprehensively review impacts that these large structures have on the resources,
' municipal services, and neighboring properties and amend zoning and Town regulation
accordingly. (High Priority)
' Implementing actions
A. The Town will consider expanding the scope of the vacation rental impact committee
to address impacts caused by the rental of high occupancy vacation and seasonal
' homes.
IM
The committee assisted with the development of regulations for large structures
These regulations address parking, architecture, lot size, max. bedrooms and square
footage, and vegetation preservation for large homes
B. The Town will not amend the zoning ordinance or any development regulation which
would result in either increased density (units/acre) or increased intensity of these
homes.
Ongoing. The Town has actually decreased the allowable density since the 2000 plan
was adopted by developing size restrictions for single-family homes
21. The Town will maintain its relative self-sufficiency by providing adequate services and
amenities for residents and visitors and shall provide municipal services in a flexible, cost
effective, customer friendly manner. The Town will continue to review and modify fees
as needed, including the addition of new facilities fees to pay for new and continued
development of Town infrastructure while requiring private development to fund the
installation of infrastructure needed by the proposed development. (Priority)
Implementing actions
A. The Town will review and update as needed land development fees in the adopted
fee schedule and level of service provided by those fees.
Ongoing. The Town regularly reviews fee schedules (annually) as part of the CIP
process
22. As the existing housing stock ages, the Town shall consider incentives and regulations
to help ensure that the replacement housing stock is in keeping with the "Nags Head
image". (Low Priority)
Implementing actions
A. The Town will develop an incentive program designed to help ensure that
replacement housing will be in keeping with the "Nags Head image" or vernacular.
This policy is being implemented. The Town has created architectural requirements
for large homes and commercial businesses This encourages all new development
to follow a vernacular style evoking the Nags Head image. The requirements are
based on a residential design manual. Since this program has been initiated, Staff
has noted an increase in homes that pattern this style - even those that are not
regulated. Town Staff are currently evaluating the effectiveness of the commercial
portion of this program.
23. Open space and green space are important elements in the Nags Head image. The
Town will inventory open space, actively pursue grants and funding opportunities and
develop and implement a plan to acquire and preserve open space throughout the
Town. (Highest Priority)
Implementing actions
A. The Town will identify important areas to be acquired as, open space and shall
request funds for acquisition of these areas through the budget, CIP, and grant
process.
M.
' Since the lastplan update the Town has acquired the Catfish Farm. The Town has a
parks and recreation facility fee to assist with open space acquisition. Staff has
identified other open space areas for acquisition.
B. The Town will consider an incentive program rewarding those developers which set
aside additional open space in perpetuity.
' This policy has not been implemented, and no incentive programs have been
developed. However, only new land subdivision requests would accommodate such
' open space designations, and few have been processed since 2000.
' 24. The historic district represents an irreplaceable part of the Nags Head image and past.
The Town shall carefully consider any proposed land use change -not only within the
district, but near by that would diminish the uniqueness of the homes in the district. The
' Town will promote the creation of a historic district to preserve the historic beach front
cottages but will not establish such a district until a majority of the affected property
owners support it. (Low Priority)
' Implementing actions
A. When requested and supported by a majority of the affected residents, the Town will
establish an historic district.
' Since 2000 no such district has been created because a majority of owners have not
supported the creation of a historic district. The Town is contemplating ways to assist
' with the protection of the district.
B. The Town will continue to amend the zoning ordinance by adopting provisions
designed to protect the uniqueness of homes on the National Register of Historic
Places.
The Town recently adopted an ordinance which provides more flexibility to maintain
non -conforming 'maids quarters" that are on the national register of historic places
' 25. The Town shall continue to address community appearance concerns through the
existing boards (Planning Board, Citizens Advisory Committee and Board of
' Commissioners). The Town shall work toward developing incentives designed to
enhance, promote and protect the Town's architectural image and heritage and will
consider the creation of an Appearance Commission and or a Corridor Commission to
' promote the general appearance of the Town. (High Priority)
Implementing actions
' A. The Town will investigate the feasibility for an architectural incentive program.
The Town has created a voluntary architectural awards program. Each year, awards are
given to the most attractive new commercial and residential structures in the Town.
' 26. The Town views the preservation of dunes, vegetation and topography as an important
component in the Nags Head image and shall strictly enforce the existing applicable
rules and regulations and seek additional measures as needed to preserve these
' elements as much as possible. (High Priority)
EX
Implementing actions
A. The Town will consider applying similar rules and regulations that are applicable for
residential districts in the commercial districts for the preservation of dunes,
topography, and vegetation.
Regulations have been developed to preserve existing vegetation or require new
vegetation on commercial sites and large residential dwelling sites The Town has also
participated in NCDOT beautification grant projects to plant roadside vegetation.
27. The Town recognizes that damaged homes and structures on the oceanfront represent a
nuisance; eyesore and visual blight and the Town shall take appropriate measures to
abate this nuisance and will seek changes in NFIP regulations to establish realistic
regulations for declaration of destroyed structures. (Highest Priority)
Implementing actions
A. The Town will take a more proactive approach to condemning these structures and
taking prompt action including the issuance of civil citations to abate the nuisance.
The Town has proactively adjusted "damage assessment" procedures, resulting in
shorter time to take action to condemn storm -damaged homes
B. The Town will petition FEMA through our state and regional NFIP representatives to
consider adopting realistic regulations regarding the determination of destroyed
structures.
Staff has made several inquiries with FEMA regarding the removal of damages structures
in a timely manner. Staff is not aware of any changes that would further this objective.
28. The continued success of the Town as a tourist and vacation destination depends in part
on the continued use and expansion of recreational uses and activities on the ocean
shoreline and in the sound. The Town shall provide an adequate mix of recreational
access sites for residents and visitors in order that they can enjoy the ocean and
estuarine shoreline and water recreational opportunities. (High Priority)
Implementing actions
A. The Town will continue to apply for grants for ocean and sound access sites.
Ongoing. The Town applies for new grants annually.
B. The Town shall consider establishing larger, less traditional estuarine access sites that
can function as access sites but also shore recreation areas and parks.
Ongoing. The Town has recently completed improvements to the Harvey
Estuarine Access Site for non -motorized recreational activities, including windsuning.
In 2005, The Town and Dare County completed a recreational facility on Sattenield
Landing road comprised of two (2) soccer fields and restrooms
29. The Town shall actively plan and seek funds for the development of traditional
recreation uses as the needs are identified and shall consider acquiring and
developing small neighborhood recreation areas as funds become available. (High
Priority)
' Implementing actions
A. The Town shall through the recreation committee identify funding opportunities for
' expansion of recreation facilities including parks, play areas and large recreation areas.
This policy has not been implemented. The recreation committee is not currently active.
' B. The Town shall address recreational needs through the budget and CIP process.
OngoingThe Town identifies and addresses recreation facility needs through the
' annual budget and CIP process
30. The Town shall pursue the designation of Nags Head Woods as an Area of
Environmental Concern (AEC). (Low Priority)
' Implementing actions
A. The Town will investigate the need for designation of the Woods as an AEC, and
' shall petition the Division of Coastal Management for AEC designation if desired.
This has not been implemented.
' 31. It is the policy of the Town to continually assess the police, fire and rescue needs of the
Town and to make personnel and resource expenditures commensurate with the needs
created by development and the changing nature of the social environment. (Priority)
tImplementing actions
A. Public safety funding requests shall be handled through the budget and CIP process.
t Ongoing. The CIP process is the primary means for funding major improvements related
to public safety. Recent examples include the new Are station, police equipment such as
the mobile command center, and the Town Hall generator.
' B. The Town shall identify grant opportunities, as they become available.
Ongoing. The Town actively pursues public safety grant opportunities COPS more grant
' (server purchase), NC Govemors Crime Commission Grant for Overtime & Equipment
Grants, Vdeo Magistrate System, Laptops & Software, NC Govemors Highway Safety
Program for Equipment (radar, laser), NC League of Municipalities, Firewise Residential
' Fuel Removal, Plymouvent Smoke Removal System.
32. The Town shall consider the impact on public safety during the review of site plans and
during consideration for proposed changes to the zoning ordinance and shall encourage
t the use of sprinkler systems, stand pipes and the provision for fire lanes as important
fire prevention measures. (Priority)
Implementing actions
A. The Department of Public Safety shall recommend changes to the Town code as
conditions warrant.
' Ongoing. Recent amendments have included.• requiring sprinklers in all new multi -family
development, vision clearance at intersections and driveways, fire hydrant protection, and
temporary fences around pool construction sites
' 33. The Town shall provide the most effective and economical methods for the collection,
disposal, and recycling of solid waste. (Priority)
85
MI
Implementing actions
A. The Town shall periodically review existing practices to determine the most effective and
economical methods for collecting and processing of solid waste.
Ongoing. The Town conducts an annual review of existing solid waste disposal and
recycling practices:
The Town will assess the effectiveness of its communication efforts with residents and
non-resident property owners. (Highest Priority)
Implementing actions
A. The Town will publish four newsletters a year.
Ongoing. The Town continues to publish four newsletters per year and distributes them to
all residents of Nags Head.
B. The Town will continue to update the Town's web page and add additional components
as needed.
Ongoing. The Towns website is continually updated. In 2000, the Town hired a Public
Infonnnation Officer responsible for ensuring direct and timely communication with
residents Other activities include a regular email broadcast, webcast of BOC meetings, and
increasing usage ofgovemment access TV broadcasts-
M
Plan for the Future
• Community Concerns and Aspirations
Vision Statement
The Town of Nags Head is working to build a community populated by diverse groups whose
common bond is a love of the Outer Banks. We recognize that the Town must be a good place
to live before it can be a good place to visit. We recognize that those who have lived on this
land before us have forged our path and that we must learn from them and respect their
memory. We recognize that our natural environment is an integral part of our community and
must be considered in all decisions. We recognize that in order to secure this future we must
work together, treating all with respect and fairness and focusing on our common goals. The
Town's goals were derived from issues and concerns from the beginning of this plan.
The Town of Nags Head is working to build a community with an economy based on family
vacation tourism. The base of that economy is a high quality beach experience. Important
elements in developing and maintaining this economy are:
* A relaxed -paced beach community comprised primarily of low -density development and
open spaces
* A diverse supply of accommodations, including single-family homes, hotels, and multi -family
dwelling units, that attract and are accessible to visitors from a wide range of economic and
social strata
* A natural environment typified by clean water and a landscape of sand dunes and non-
invasive, salt tolerant vegetation
* A healthy, well -maintained oceanfront beach that is accessible and usable; not blocked by
large structures
A carefully managed sound front that preserves the natural and beneficial functions of the
estuarine environment while balancing respect for private property rights and the need to
provide public access.
* A built environment that reflects the heritage of "Old Nags Head"
* A well -organized pattern of land uses that, when combined with a transportation system
that accommodates a variety of travel modes, promotes an active and accessible community
* Commercial services provided by locally owned and operated businesses that share in the
building of our community
* Recreational amenities and attractions, both commercial and non-commercial that are
wholesome and appeal to a broad spectrum of family members, age groups and interests.
Table 31
Nags Head and CAMA Management Topics
Town of Nags Head goals/
Public
Land Use
Natural
Infrastructure
Water
Local areas of
CAMA Management Topics
access
Compatibility
Hazard Areas
carrying capacity
Quality
concern
Loss of small, locally -owned
X
businesses / proliferation of
chain businesses
Large vacation rental homes
X
dominating new development
X
X
Need to protect "Nags Head"
coastal architecture
Increasing redevelopment pressures
X
Loss of commercial business along
X
Beach
Road
Limited options for "workforce
X
housing"
Losing middle income perm. pop
X
How to accommodate visitors:
X
hotels, rental
homes, cottage
courts
X
Stormwater management
Improvements
Need to protect water quality
X
Beach nourishment and protection
X
X
X
Effects of threatened structures
along Beach
Need to acquire and preserve open
X
spaces
X
US 158 (Bypass) congestion and
delays in summer months
Need for non -automobile
X
transportation options
X
Need to coordinate land use and
transportation
Recreation for Town residents of all
X
ages
Providing public safety for residents
X
and visitors
Need to enhance public accesses
X
Improve amenities at public
X
accesses
M.
1 • Needs and Opportunities
I Nags Head has continued to experience significant growth and development activity since the
adoption of the 2000 Land Use Plan. This growth can create many positive and negative
impacts for the community and can also exacerbate on -going issues the community is already
' dealing with. The increasing number and concentration of large single-family vacation rental
homes is one example of an emerging trend that has created both positive and negative
impacts for the community. While these homes provide tourist accommodations and support
local real estate, construction and other employment sectors, they can create parking,
aesthetic, solid waste, wastewater, traffic congestion and density issues. Additionally, on -going
problems related to shoreline erosion can be worsened as new growth along the oceanfront
increases the potential for property damage resulting from erosion and extreme weather
events. While the community feels compelled to preserve the beach and reduce erosion, the
increasing number of developed properties along the ocean shoreline can create additional
pressure in the community to find a solution to erosion problems. This plan will address these
issues.
IPolicies
The Town considers the following CAMA guidelines regarding resource protection 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, such as land -based commercial mining of
sand.
3. Peat or phosphate mining and industrial impacts on any resource.
4. Pocosins.
5. 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.
As required by LAMA, following are policies which may already exceed, or will if implemented,
State and Federal requirements:
1. Land Use Capability #4 c
2. Natural Hazard Areas #2
3. Local Areas of Concern #1 b
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 or water use decision -making, and in particular by several key sets of
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local actors: the Board of Commissioners, Planning Board, 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.
While the plan represents the codification of Town policies at one point in time, the Town's Land
Use Plan is dynamic and evolutionary. Numerous land and water use decisions are made each
month. Hopefully, this plan provides the basis for understanding the implications of future land and
water 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 and water use issues, those same regulations do not require 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.
Significant ordinances, plans, and policies adopted since the 2000 Land Use Plan are: (1) Size
limitations and regulations on large residential dwellings; (2) Residential and commercial
architectural regulations; (3) Vegetation preservation requirements; (4) Revised hotel development
standards and a new hotel overlay district; (5) Hazard Mitigation Plan in accordance with DMA2K;
(6) Revised FEMA Flood Insurance Rate Maps and Flood Damage Prevention Ordinance; and (7)
Nags Head Septic Health Program.
Several policies, which are 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.
Following each implementation action for a policy (in parenthesis) is the priority for that
implementation. These policies will be used to prepare Implementation Status Reports. The
timing for completion of policies is based upon the priority assigned and are as follows: Highest
Priority (2 years); High Priority (3 years), Priority (4 years), and Low Priority (5 years). Some
goals and policies have been carried over from the 2000 Land & Water Use Plan as the Town
feels they are still pertinent. The Town will hold Public Hearings when adopting new local
ordinances in accordance with State Statutes. The Land Use Plan will be available on the
Planning Department web page and citizens will be provided contact information for the Town
Planner if they wish to comment on the plan.
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The following are definitions used to indicate the Town's commitment to the policies outlined
below:
Implement: following actions stated which will accomplish the plan recommendation
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Consider: reflect on, take into account
Continue: a process going on without ending
Encourage: to give help
IIdentify: distinguish, determine
Maintain: keep in the existing or good condition
May: to be allowed or permitted to
Recognize: knows
Shall: required to do
Support: stands behind, sustains
' Will: to indicate likelihood or certainty
Wish: desire
Work: to shape or forge
Land Use Plan Management Topics
Public Access
The Town of Nags Head wishes to maintain a viable beach and to provide substantial
' opportunity for public access to the beach. The Town considers both the wet sand beach
and the dry sand beach east of the first line of vegetation to represent public land available
for public and private access and the Town will actively oppose any action to restrict public
access to and across the beach.
1. The Town recognizes that the ocean beaches are our single greatest asset. Fundamental
elements important to the Town include, clean beaches, ample recreational access
opportunities, no commercialization, reasonable beach driving regulations and the
prompt resolution of user conflicts as they arise.
Planning Objective:
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A. The Town will not allow or permit any commercialization of the Town's ocean
beaches (Highest Priority)
B. When the opportunity arises, the Town will acquire oceanfront property for access
and open space. (Highest Priority)
C. The Town will make a financial commitment including additional personnel and
equipment if needed to keep our ocean beaches clean of debris and litter. (Highest
Priority)
D. The Town shall continue to require non -oceanfront hotels and motels to provide
private oceanfront beach access facilities for their guests. (Highest Priority)
2. Multi use paths. The Town places a high value on and encourages the use of
alternative means of transportation including multi use paths along NC 12
(Virginia Dare Trail), NC 1243 (South Old Oregon Inlet Road) and US 158
(Croatan Highway). The Town is currently working with NCDOT on the construction of a
detached multi use path along the west side of Croatan Highway. The Town goal is
for the multi use path to extend from 8th Street to Hollowell Street (Jockey's Ridge).
The Town will cooperate with NCDOT and other municipalities in coordinating and
developing additional pedestrian multi -use paths on the Outer Banks. (High Priority)
Planning Objective:
A. The Town will review and update the Nags Head Pedestrian Transportation System
Plan adopted on November 6, 1996. (High Priority)
B. The Town will submit funding requests through the CIP and budget process for the
implementation of the five and ten year plans and shall coordinate these plans with
NCDOT when appropriate. (High Priority)
3. The Town will continue to install sidewalks (primarily East-West) within Town right-
of-ways to connect with the multi use paths on US 158 and NC 12 to facilitate
pedestrian traffic and movement to recreational sites and other areas which
generate pedestrian traffic when the need is demonstrated. The Town will install
these sidewalk improvements to correspond with existing and proposed NCDOT's
signalization plan.
Planning Objective:
A. The Town will identify recreational sites where sidewalks would facilitate pedestrian
traffic to these recreational facilities and will submit funding requests through the
budget and CIP process. (High Priority)
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I4. The Town shall consider requiring the installation sidewalks and other pedestrian
facilities as part of the required infrastructure and improvements for new subdivisions
and site plans.
Planning Objective:
' A. The Town will consider amendments to the subdivision ordinance requiring the
installation of sidewalks and/or multi use paths in areas identified in the "Nags Head
Pedestrian Transportation System Plan". (Priority)
5. The Town shall consider incentives for commercial development which provide
pedestrian and bicycle amenities (e.g., sidewalks, bike racks) to improve circulation
within and to their site.
Planning Objective:
A. The Town will investigate incentives such as excluding sidewalks from lot
coverage calculations and reducing the required number of vehicular parking spaces
when areas are provided for parking and storage for bicycles. (High Priority)
6. The continued success of the Town as a tourist and vacation destination depends in part
on the continued use of recreational uses and activities on the ocean shoreline and in
the sound. The Town shall provide an adequate mix of recreational access sites for
residents and visitors in order that they can enjoy the ocean and estuarine shoreline and
water recreational opportunities.
Planning Objective:
' A. The Town will continue to apply for grants for ocean and sound access sites. (High
Priority)
B. The Town shall consider establishing larger, less traditional estuarine access
sites that can function as access sites but also shore recreation areas and parks. (High
Priority)
7. The Town shall actively plan and seek funds for the development of traditional
recreation uses, to meet the needs of Town residents of all ages, as the needs are
identified and shall consider acquiring and developing small neighborhood
recreation areas as funds become available.
Planning Objective:
A. The Town shall through the recreation committee identify funding opportunities for
expansion of recreation facilities including parks, play areas and large recreation areas.
(High Priority)
B. The Town shall address recreational needs through the budget and CIP process.
(High Priority)
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8. To the extent practical and allows the Town will fully comply with the handicapped code
to install ADA compliant beach accesses.
9. If and when the Town's beach nourishment commences the following steps will be taken
to provide access to beach areas targeted for nourishment.
Planning Objective:
A. The Town will require access as required by the funding agencies. (High Priority)
10. It is the position of the Town that both the wet sand beach and the dry sand beach
east of the first line of vegetation represents public land available for public access and
the Town will actively oppose any action to restrict public access to and across the
ocean beach.
Planning Objective:
A. The Town will continue to apply for grants for ocean and sound access sites. (High
Priority)
B. The Town will not allow or permit any commercialization of the Town's ocean beaches
(Highest Priority)
C. The Town may acquire oceanfront property when the opportunity arises. (High
priority)
Land Use Compatibility
The Town of Nags Head wishes to continue to grow primarily as a low density, single-family
residential community, while also accommodating a mix of other housing types. The Town
requires the construction and maintenance of high quality housing, and to minimize conflicts
between residential uses and other uses both within and between zoning districts,
protecting the residential nature of the Town.
The Town wishes to retain our natural environment, typified by open space, salt tolerant
vegetation, sand dunes, and maritime forests, as well as our rich architectural heritage and
to encourage the recreational use of our shorelines in ways compatible with adjoining land
uses. The Town also wishes to provide a variety of opportunities for non -water based
passive and active recreation.
1. The Town views the preservation of dunes, vegetation and topography as an
important component in the Nags Head image and shall strictly enforce the
existing applicable rules and regulations and seek additional measures as needed
to preserve these elements as much as possible.
Planning Objective:
A. The Town will consider applying rules and regulations in the commercial districts for
the preservation of dunes, topography, and vegetation. (High Priority)
' 2. The Commercial Outdoor Recreational Use Overlay Zoning district was established to
accommodate the ever-growing commercial recreational development requests made to
the Town. It shall be a policy of the Town to periodically review the adequacy of these
regulations and make the necessary modifications when public health, safety and
welfare issues arise.
' Planning Objective:
A. The Town shall not increase the number of rental PWC units allowed to be rented at
' each site. (Priority)
B. The Town will not permit or allow the land based commercial rental of
personal watercraft for use in the Atlantic Ocean. (Priority)
3. As the existing housing stock ages, the Town shall consider incentives and regulations to
' help ensure that the replacement housing stock is in keeping with the "Nags Head
image".
' Planning Objective:
A. The Town will develop an incentive program designed to help ensure that
replacement housing will be in keeping with the "Nags Head image" or vernacular. The
' Town will continue to enforce and amend, as needed, Section 48-370 of the Zoning
Ordinance. (Low Priority)
B. The Town will continue to enforce section 48-370 of the Zoning Ordinance,
Residential Design Standards, which sets forth "regulations designed to protect and
promote the unique and historical elements of residential architecture." (Low Priority)
' C. The Town may not increase and may consider reducing the amount of land zoned
commercial. (Low Priority)
D. The Town's current development requirements allow for hotels and motels to be built
on the oceanfront. The Town shall not approve any amendment which would allow for
a greater density of units, greater height of buildings or allowing these structures in
oceanfront districts where they are not allowed now. (R-1, R-2 and SPD-C). The
' development requirements for hotels and motels can be found under the hotel, motel
and cottage court section of the Future Land Use map section of this plan. (Low Priority)
4. Open space and green space are important elements in the Nags Head image. The
Town will inventory open space, actively pursue grants and funding opportunities and
' develop and implement a plan to acquire and preserve open space throughout the
Town.
Planning Objective:
' A. The Town will identify important areas to be acquired as open space and shall
request funds for acquisition of these areas through the budget, CIP, and grant
' process. (Highest Priority)
B. The Town does not wish to become a regional industrial services area and will not
increase the size of the Commercial designation area of the Future Land Use Map or
' create additional industrial parks or subdivisions. (Highest Priority)
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C. The Town will not permit fossil and nuclear energy production facilities to
be located in Nags Head. (Highest Priority)
5. The Town of Nags Head recognizes that the shortage of affordable "workforce housing"
represents a problem in drawing qualified applicants for Town positions.
Planning Objective:
A. The Town will continue to work with public and private community organizations
and partnerships to develop solutions to the shortage of affordable "workforce" housing.
(High priority)
6. Alternative energy production. The Town is cognizant that many forms of energy
production result in the release of carbon dioxide and potentially contribute to global
warming. Some forms of alternative energy production do not result in the release of
greenhouse gases most notably the use of wind turbines and electric generation by solar
energy. While these forms of energy production do not contribute greenhouse gases,
they can have a negative visual impact on the aesthetics of the Town.
Planning Objective:
A. The Town will consider, on an experimental basis, the use of wind turbines by
government entities only after the Town carefully reviews the advantages and
disadvantages of alternative energy production and their effect on the visual
environment. (High priority)
7. The Town considers the following types of development as not desirable in Nags Head
and they will not be permitted:
Dry -stack boat storage, floating homes, large (more than ten boats) commercial boat
marinas, finger canals, upland excavation for boat marinas, forestry practices in Nags Head
Woods (SED-80), mooring buoys to accommodate transient visitors.
Infrastructure Carrying Capacity
The Town of Nags Head wishes to provide an economic and environmentally sensitive
means of sewage treatment and disposal which maintains or improves the quality of the
Town's surface waters and groundwater, and maintain low density development. To
ensure this, in 2001 the Town commenced the Septic Health Initiative which
encourages, through education and incentives, homeowners to have their septic
systems inspected and pumped on a regular basis. It is also our goal to provide
sufficient levels of potable water to accommodate water demand at build -out
through economical and efficient means and in an environmentally sensitive manner.
1. The Town shall provide effective and economical methods for the collection,
disposal, and recycling of solid waste.
Planning Objective:
A. The Town shall periodically review existing practices to determine the most effective and
economical methods for collecting and processing of solid waste. (Priority)
B. The Town will consider, on a case by case basis, the merits of non -government
owned package treatment plants. The Town will not provide public sewage treatment.
(Priority)
2. The Town will maintain its relative self-sufficiency by providing adequate services
and amenities for residents and visitors and shall provide municipal services in a
flexible, cost effective, customer friendly manner. The Town will continue to review
and modify fees as needed, including the addition of new facilities fees to pay for
new and continued development of Town infrastructure while requiring private
development fund the installation of infrastructure needed by the proposed
development.
Planning Objective:
A. The Town will review and update as needed land development fees in the adopted
fee schedule and level of service provided by those fees. (Priority)
3. The Town realizes that vacation rentals and seasonal rentals, and particularly, the
rental of large oceanfront homes, while promoting the single-family tourist rental
economy, can significantly impact Town municipal resources and infrastructure. The
Town shall comprehensively review impacts that these large structures have on the
resources, municipal services, and neighboring properties and amend zoning and Town
regulation accordingly.
Planning Objective:
A. The Town will not amend the zoning ordinance or any development regulation
which would result in either increased density (units/acre) or increased intensity of
these homes. See Future Land Use section of this plan for density allowed per land
use designation. (High Priority)
4. The Town shall continually assess the Town's water processing capacity, storage
capacity and distribution system along with monitoring adequate pressure and fire
supply and shall make the necessary system improvements when needed. The Town
recognizes the importance of a dual or looped water supply system for pressure, service
and fire supply and will continue to loop the system when opportunities and funding
permits.
Planning Objective:
A. The Town shall develop a five-year and 20 year improvement plan and
request funding through either the budget or CIP process to implement that plan.
(Low Priority)
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5. The Town will evaluate all future development for its impact on traffic congestion and
manage this development so as to minimize its impact on traffic. More specifically, the
Town encourages development to exit on side streets rather than South Croatan
Highway.
Planning Objective:
A. The Town will develop regulations limiting access to US 158; NC 12, NC 1243 and US
64-264 when access can be obtained either through a side street or common drive
aisle. (Highest Priority)
B. The Town will consider developing regulations which addresses multiple curb cuts
onto Town streets. (Highest Priority)
6. The Town conceptually accepts the Outer Banks Thoroughfare Plan dated March 1996
and Town supports improvements, such as adding grassed medians where appropriate
on US 158 which are designed to enhance safety for citizens and visitors.
Planning Objective:
A. The Town will work with NCDOT to request changes to the Outer Banks
Thoroughfare Plan which reflect the current road and traffic conditions within the Town.
(High Priority)
B. The Town will resist the withdrawal of existing unimproved streets unless it can be
shown that such a withdrawal is in the public good. (High Priority)
7. The Town will work with and petition NCDOT for (1), the necessary road improvements
in getting people to the Town, (2) finding ways to reduce the number of vehicles
and reduce traffic congestion within the Town on US 158 and (3), increase
efficiency on NC 12 and US 158. Such improvements including, but not limited to
medians, a flyover at Whalebone Junction, signal coordination, new signals or the
removal of existing signals.
Planning Objective
A. The Town will annually review and forward to NCDOT through the TIP process
transportation improvement projects, studies, and improvements desired by the Town.
(High Priority)
B. The Town will encourage interconnectivity between adjacent commercial sites to
avoid traffic on US 158 and NC 12. (High Priority)
Natural Hazard Areas
The Town of Nags Head wishes to reduce to the extent possible, damage to life and
property from hurricanes and severe coastal storms. It is the Town's intent to reduce
' these hazards in advance of such events and to require mitigation measures during
reconstruction which reduce damages from future storms.
1. Mitigation represents a proactive approach to reducing the vulnerability of risk to
' properties in the Town. The Town will investigate innovative programs and seek
funds for mitigation measures such as relocation of threatened structures and more
stringent building codes for high hazard areas that support the growth management
tpolicies of the Town.
Planning Objective:
' A. The Town shall investigate the feasibility of adopting more stringent flood
requirements and seeking proactive measures for beach nourishment. (High
Priority)
' B. The Town will consider amendments to our Flood Ordinance which addresses
freeboard and other flood mitigative measures recognized by FEMA and the CRS
program to reduce flood losses. (High Priority)
' C. The Town will seek funding from local and regional sources to assist with the local
match for local, state and regionally funded beach nourishment projects. (High Priority)
' 2. The Town recognizes beach nourishmen renourishment as our referred alternative for
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addressing the impacts from barrier island migration and ocean erosion. However, the
' Town also supports a variety of methods to abate the impacts to ocean erosion, these
include, but are not limited to acquisition of threatened structures, relocation of
threatened structures and the establishment of innovative technology or designs which
may be considered experimental, which can be evaluated by the CRC to determine
consistency with 15A NCAC 7M.0200 and the other general and specific use standards
with the CAMA rules. The Town, however, is opposed to and will not permit hard
' structures such as sea walls and bulkheads on the oceanfront regardless of federal or
state policies. The Town fully supports the protection of North Carolina's shorelines and
the construction of terminal groin and jetty pilot projects along the entire coast of North
Carolina as proposed in Senate Bill 599 Session 2007. The proposed bill is currently not
consistent with State rules.
Planning Objective:
A. The Town encourages studies designed to determine the financial contribution
the beach makes to the Outer Banks and the region. (High priority)
' B. The Town may acquire oceanfront property when the opportunity arises. (High
priority)
' C. The Town will investigate mitigation programs and grants to assist the
property owner in the relocation of threatened structures. (High priority)
' 3. The Town supports beach nourish ment/renourishment projects for the Town
beaches subject to commensurate funding from a combination of sources such as
appropriations from federal, state and local sources. The Town will support and
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encourage the establishment of a statewide beach management strategy and policy
along with a dedicated funding program designed specifically for beach restoration
and nourishment projects.
Planning Objective
A. The Town shall actively lobby the State for a state policy and strategy on beach
nourishment and beach renourishment. (Highest Priority)
B. The Town shall lobby the State to establish an annually state funded statewide
nourishment program. (Highest Priority)
C. The Town shall lobby for Federal funding to remove/relocate threatened
structures by supporting the reinstatement of the Upton -Jones amendment which
modified the National Flood Insurance Program. The amendment did not require a
homeowner to wait for destruction of their home by erosion but to submit claims and be
recompensated if occurrence of damage was imminent. (Highest Priority)
(Resolution adopted March 5, 2008)
Water Quality
The Town of Nags Head wishes to maintain and improve estuarine water quality and
natural estuarine functions while providing water based recreational opportunities
consistent with water quality goals. The Town wishes to manage stormwater in ways
that reduce the risk of flooding while disposing of stormwater in an environmentally
sensitive manner. The Town also participates in the improvement of water quality of the
Albemarle Pamlico estuarine system.
1. The preferred form of sewage treatment and disposal shall be the on -site septic
systems. The Town realizes that proper maintenance of septic systems and strict
enforcement of local and state rules are essential for their safe operation and through
the Septic Health Initiative Committee. The Town shall continue to implement the
Management Plan as well as preventative and educational programs for distribution to
residents and visitors designed to identify and correct failing septic systems.
Planning Objective:
A. The Town shall continue to implement the Management Plan and educational
program to implement the above actions. (Highest Priority)
2. Proper placement and maintenance of septic systems located in close proximity to
drainage ditches or located near the ocean or sound are essential for maintaining
high water quality standards. When septic systems fail, effluent can enter these waters
and lead to health concerns and closures. If needed, the Town will support
research to determine sources of pollution and consider or lobby for additional
regulations or enforcement of existing regulations to prevent further degradation
and shall seek measures to enhance water quality where needed.
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Planning Objective:
A. The Town shall apply for grant funds for projects that are designed to improve or
' prevent further degradation of water quality of our ocean and sound system. (High
Priority)
B. The Town will fund or assist in funding a water quality -testing program. (High
Priority)
C. The Town shall seek funding and shall support water quality testing of the ocean
' and sound waters to determine the extent, if any of non -point sources of pollution.
(High Priority)
D. The Town shall consider impervious surface limits, vegetated riparian buffers, natural
areas and natural buffers in the event that non -point sources of pollution are
discovered. (High Priority)
E. The Town shall seek strict enforcement of existing laws and regulations and shall
consider new regulations, if needed, to protect estuarine and ocean water quality.
(High Priority)
F. The Town shall monitor the implementation plan of the CHPP's program. One
purpose of the Coastal Habitat Protection Plan (CHPP's) was to document the role of
aquatic habitats, provide their status, describe threats, develop management needs
' and develop management's options for coastal habitats. (High Priority)
' 3. The Town shall continually assess and evaluate the Stormwater Management Plan
and update the plan when necessary and shall actively work to minimize the rate and
amount of stormwater runoff into ocean and sound waters and the impact that
stormwater has on those waters.
Planning Objective:
' A. The Town shall review the adequacy and amend as needed the 2006 Stormwater
Management Plan. The Stormwater Management Plan has been implemented and
individual projects will be initiated as funds are available. (Low Priority)
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4. The Town recognizes that maintenance is essential for the proper functioning of the
' ocean and sound outfalls shall actively lobby NCDOT for continued maintenance.
Planning Objective:
' A. The Town will investigate the feasibility of , land disposal and storm water
retention in lieu of outfalls and may seek funds and grants or lobby NCDOT where
the feasibility exists for land application of stormwater. (Priority)
' 5. The Town will comply with State rules regarding stormwater control.
PY 9 9
' Planning Objective:
A. The Town shall continue to review our local policies to ensure compliance with State
rules. (High Priority)
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B. The Town will implement flood control projects discussed in the stormwater
systems section of this plan as funds become available. (High Priority)
The Town will comply with State rules regarding protecting open shell fishing waters
and restoring closed shell fishing waters.
Planning Objective:
A. The Town shall continue to review our local policies to ensure compliance with
State rules. (High Priority)
B. The Town will implement flood control projects discussed in the stormwater
systems section of this plan as funds become available. The use of detention
wetlands and filtering systems will be utilized when feasible. (High Priority)
C. The Town will request enforcement of all State agencies rules regarding protection of
waters in sub basin 03-01-56 (Pasquotank River basin) (High Priority)
7. The Town supports the use of Advanced Treatment Systems for government owned
and operated sewage treatment plants that produce an NSF-40 quality effluent
standard described in NCAC 18A.1970 under Laws and Rules for Sewage Treatment &
Disposal Systems utilizing Reclaimed Water Facilities designed in accordance as set
forth in Subchapter 2T-Waste Not Discharged to Surface Waters Section- 15A NCAC
02T.0906.
Planning Objective:
A. The Town will consider, on a case by case basis, the merits of non -government
owned package treatment plants. The Town will not provide public sewage treatment.
(Priority)
Local Areas of Concern
The Town of Nags Head wishes to provide a street and bridge system that allows
efficient and safe movement of vehicles to and within the Town which also permits quick
evacuation of all residents and visitors when necessary. The Town also encourages
pedestrian and non -motorized transportation. The Town would like to develop and
maintain an economy based on family vacation tourism. The Town plans to permit
those uses which provide residents and visitors with adequate services and amenities
necessary for the Town to maintain relative self sufficiency.
1. The Town shall consider higher flood regulatory standards for vehicle and
equipment storage areas and structures or facilities that produce, use or store highly
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volatile, flammable, explosive, toxic and or water -reactive materials that may cause
environmental problems if flooded or destroyed.
Planning Objective:
A. The Town shall develop a program to identify businesses and material storage
areas where significant amounts of toxic or hazardous products are stored which would
be subject to flooding. (Highest Priority)
B. The Town may develop regulations to require fuel tanks, including LP tanks to
' be adequately anchored to prevent flotation in the event of flooding. (Highest
Priority)
' 2. During the subdivision process the Town shall require wider rights -of -ways and greater
construction standard to proposed Town streets when it can be demonstrated that
' the proposed street may be required to accept local traffic from other nearby streets
which may be damaged or threatened or closed by natural events.
Planning Objective:
A. The Town may develop regulations requiring a greater street standard (dimensional
and construction) where it can be reasonable demonstrated that near -by streets may
' be destroyed by a storm or other natural event and the proposed street will be
required to accept greater amounts of traffic due to the loss of nearby streets. (Low
Priority)
' 3. The Town recognizes that when ocean beaches and estuarine areas and waters are
closed for health reasons, proper public notification of the closures is essential for
public safety. The Town will work with the respective regulatory agencies to develop a
' protocol and to ensure that public notification is released in a timely manner after
careful monitoring has indicated that the agreed upon standards have been
exceeded.
' Planning Objective:
A. The Town has initiated meetings with the County and other agencies to
develop and establish water quality and monitoring standards and to develop a
protocol for public notification when beaches and waters are closed for health
reasons. (Priority)
4. The Town will communicate with residents and non-resident property owners.
' Planning Objective:
A. The Town may publish four newsletters a year. (Highest Priority)
' B. The Town may continue to update the Town's web page and add additional components
as needed. (Highest Priority)
C. The Town shall assess the effectiveness of various forms of communication. (Highest
' Priority)
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5. The Town shall consider the impact on public safety during the review of site plans
and during consideration for proposed changes to the zoning ordinance and shall
encourage the use of sprinkler systems, stand pipes and the provision for fire lanes
as important fire prevention measures.
Planning Objective:
A. The Department of Public Safety shall recommend changes to the Town code as
conditions warrant. (Priority)
6. It is the policy of the Town to continually assess the police, fire and rescue needs
of the Town and to make personnel and resource expenditures commensurate with
the needs created by the community.
Planning Objective:
A. Public safety funding requests shall be considered through the budget and CIP
process. (Priority)
B. The Town shall identify grant opportunities, as they become available. (Priority)
7. The Town recognizes that damaged homes and structures on the oceanfront
represent a nuisance eyesore and visual blight and the Town may take appropriate
measures to abate this nuisance and will seek changes in NFIP regulations to
establish regulations for declaration of destroyed structures.
Planning Objective:
A. The Town will take a more proactive approach to condemning these structures
and taking prompt action including the issuance of civil citations to abate the
nuisance. (Highest Priority)
B. The Town will petition FEMA through our state and regional FIP
representatives to consider adopting regulations regarding the determination of
destroyed structures. (Highest Priority)
8. The Town shall continue to address community appearance concerns through Boards
such as the Planning Board, Citizens Advisory Committee and Board of
Commissioners. The Town shall work toward developing incentives designed to
enhance, promote and protect the Town's architectural image and heritage.
Planning Objective:
A. The Town will investigate the feasibility for an architectural incentive program.
(High Priority)
B. The Town will consider an incentive program rewarding those developers which set
aside additional open space in perpetuity. (High Priority)
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9. The Historic District represents an irreplaceable part of the Nags Head image and
past. The Town shall carefully consider any proposed land use change -not only
' within the district, but near by that would diminish the uniqueness of the homes in the
district. The Town will promote the creation of a historic district to preserve the historic
beachfront cottages. These limits are shown on the Future Land Use map in the
appendix.
Planning Objective:
' A. The Town will continue to work with residents within the historic district
boundary on the Future Land Use Map to establish a historic district. (Low
Priority)
' B. The Town will continue to amend the zoning ordinance by adopting provisions
designed to protect the uniqueness of homes on the National Register of Historic
Places. (Low Priority)
' 10. Over the last 20 years the Town has seen most of it's commercial businesses, once
numerous along Virginia Dare Trail, move to US 158 or go out of business due to
1 chain restaurants and "big box" retailers building along US 158.
Planning Objective:
' A. The Town will investigate the use of incentives to attract and retain locally owned
businesses throughout the Town. (High priority)
' Consistency between Goals and Management Topics and the Consistency between the Future
Land Use Map and CAMA Land Use Plan Requirements
' CAMA's planning guidelines require local governments to provide the following two types of
analyses between its land use development policies and the future land use map. The required
analyses represents a majority of the goals in the policy section of the plan are described
' below:
1. The Consistency between goals and the management topics
' A. Public Access
Goal from the Land Use Plan Management topics section:
The goal of the Town of Nags Head is to maintain a viable beach and to provide
' substantial opportunity for public access to the beach. It is also the goal of the Town to
provide an alternative means of transportation to facilitate pedestrian movement to
recreational sites.
Analysis: The policies call for the Town to continue to apply for grants for ocean and
sound access sites. The Town shall also consider establishing larger, less traditional
' estuarine access sites that can function as access sites but also ocean and estuarine
recreation areas and parks. The Town will also review and update the Nags Head
Pedestrian Transportation System Plan adopted on November 6, 1996.
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B. Land Use Compatibility
Goal from the Land Use Plan Management topics section:
The goal of the Town of Nags Head is to continue to grow primarily as a low density,
single-family residential community, while also accommodating a mix of other housing
types. It is also a goal of the Town to preserve open space and green space and will
inventory and develop a plan to acquire and preserve open space.
Analysis: The policies call for the Town to consider incentives and regulations to ensure
that as existing housing stock ages the replacement housing stock is in keeping with the
"Nags Head image". The Town may not increase and may consider reducing the
amount of land zoned commercial. The Town will also identify important areas to be
acquired as open space and shall request funds for acquisition of these areas through
the budget, CIP, and grant process.
C. Infrastructure Carrying Capacity
Goal from the Land Use Plan Management topics section:
The goal of the Town of Nags Head is to provide an economic and environmentally
sensitive means of sewage treatment and disposal, which maintains or improves the
quality of the Town's surface waters and groundwater, and maintains low -density
development. The Town also conceptually accepts the Outer Banks Thoroughfare Plan
dated March 1996 and the Town supports improvements such as grassed medians
where appropriate on US 158.
Analysis: The policies call for the Town to periodically review existing practices to
determine the most effective and economical methods for collecting and processing of
solid waste. The Town will also work with the NCDOT to request changes to the
thoroughfare plan which reflect the current road and traffic conditions within the Town.
D. Natural Hazard Areas
Goal from the Land Use Plan Management topics section:
The goal of the Town of Nags Head is to reduce to the extent possible, damage to life
and property from hurricanes and severe coastal storms. It is the Town's intent to
reduce these hazards in advance of such events and to require mitigation measures
during reconstruction, which reduce damages from future storms.
Analysis: The policies call for the Town to investigate the feasibility of adopting more
stringent flood requirements and seeking proactive measures for beach nourishment.
The Town will also seek funding from local and regional sources to assist with the local
match for local, state and regionally funded beach nourishment projects. The Town
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shall lobby for Federal funding to remove/relocate threatened structures by supporting
the reinstatement of the Upton -Jones amendment which modified the NFIP program.
E. Water Quality
Goal from the Land Use Plan Management topics section:
The goal of the Town is to maintain and improve estuarine water quality and natural
estuarine functions while providing water based recreational opportunities consistent
with water quality goals. It is also the goal of the Town to manage stormwater in ways
that reduce the risk of flooding while disposing of stormwater in an environmentally
sensitive manner.
Analysis: The policies call for the Town to apply for grant funds for projects that are
designed to improve or prevent further degradation of water quality of our ocean and
sound system. The policies also state the Town will fund or assist in funding a water
quality -testing program.
F. Local Areas of Concern
Goal from the Land Use Plan Management topics section:
The goal of the Town is to provide a street and bridge system that allows efficient and
safe movement of vehicles to and within the Town, which also permits quick evacuation.
The Town shall also continue to address community appearance concerns through
Boards such as the Planning Board, Citizens Advisory Committee and the Board of
Commissioners
Analysis: The Town may develop regulations requiring a greater street standard where it
can be reasonably demonstrated that near -by streets may be destroyed by a storm or
other natural event. The Town shall investigate the feasibility of an architectural
incentive program as well as continue to work with residents within the Historic District
to establish a Historic District.
2. Consistency between Future Land Use Map and CAMA Land Use Plan Requirements
The densities shown on the map for each major land classification are consistent with the
natural systems capability of the Town. The densities of each district are described in the
section titled Future Land Use Map.
Comparison of the Environmental Composite Map, Land Suitability Map, and Future Land Use
Map
107
The Environmental Composite and Land Suitability Maps
These maps are consistent with each other. There are a few pockets of wetlands depicted on
the environmental Composite Map, which are also depicted on the Land Suitability Map. Many
of the areas are shown in developed areas or areas where wetland conditions may not exist. A
brief analysis was used to develop the Environmental Composite Map. The map recognizes that
accurate wetland determinations need to be completed on a site -by -site basis prior to any
development. Along the oceanfront and sound the Town will continue to require structures to
be elevated and enforce the flood plain ordinance and CAMA setbacks. The Town will maintain
the AEC around the fresh pond. In the maritime forest, the Town will continue to enforce
setback requirements as well as the Town's tree ordinance in the SED-80 zoning district (see
Zoning Map in Appendix C) which was designed to preserve the natural features and functions
of the area necessary for safe and compatible development on the entire outer banks. The
Town will continue to enforce storm water controls and lot coverage restrictions as well.
The Land Suitability Map and Future Land Use Map
There are no significant differences in these maps. The areas designated as least suitable on
the Land Suitability Map are shown as Park/Open space on the Future Land Use map. A few
areas, on the West Side of NC 1243, in South Nags Head are considered least suitable on the
Land Suitability Analysis although they are shown as residential on the Future Land Use Map
Along the oceanfront and sound the Town will continue to require structures to be elevated and
enforce the flood plain ordinance and CAMA setbacks. The Town will maintain the AEC around
the fresh pond. In the maritime forest, the Town will continue to enforce setback requirements
as well as the Town's tree ordinance in the SED-80 zoning district (see Zoning Map in Appendix
C) which was designed to preserve the natural features and functions of the area necessary for
safe and compatible development on the entire outer banks. The Town will continue to enforce
storm water controls and lot coverage restrictions as well.
The map recognizes that accurate land use determinations need to be completed on a site by
site basis prior to development.
The Impacts of the Policies of the Town on Management Topics
The impacts of the Town's polices on the management topics will be discussed in this section.
The word favorable means they were discussed in that section and the word Neutral means
they were not discussed but may be discussed in other sections of the Plan.
Public Access Policies effects on:
Public Access: Do the public access policies provide for significant opportunities for public
access to the beach? Do the policies provide for opportunities to facilitate pedestrian
movement to recreational sites?
I
Beneficial
• The Town will acquire oceanfront property and open space when the opportunity arises.
• The Town will continue to apply for grants for ocean and sound access sites.
• The Town will review and update the Nags Head Pedestrian Transportation System Plan
adopted on November 6, 1996.
• The Town will identify recreational sites where sidewalks would facilitate pedestrian
traffic to these recreational facilities and will submit funding requests through the
budget and CIP process.
• The Town shall consider establishing larger, less traditional estuarine access sites that
can function as access sites but also shore recreation areas and parks.
• The Town shall continue to require non -oceanfront hotels and motels to provide private
oceanfront beach access facilities for their guests.
• The Town will continue to apply for grants for ocean and sound access sites.
• The Town will not allow or permit any commercialization of the Town's ocean beaches
' Land Use Compatibility: Do the public access policies provide for the Town to continue to grow
primarily as a low density, single-family residential community? Do the public access policies
provide the Town the ability to preserve open space and green space?
Beneficial
• The Town will not allow or permit any commercialization of the Town's ocean beaches.
• When the opportunity arises, the Town will acquire oceanfront property for access and
open space.
' • The Town will continue to apply for grants for ocean and sound access sites.
• The Town shall consider establishing larger, less traditional estuarine access sites that
can function as access sites but also shore recreation areas and parks.
• The Town shall address recreational needs through the budget and CIP process.
EInfrastructure carrying capacity: Do the Public Access policies provide and economic and
environmentally sensitive means of sewage treatment and disposal, which maintains or
improves the quality of the Towns' surface and groundwater? Do the Public Access policies
provide for the Town's support of the Outer Banks Thoroughfare plan?
Neutral
• The Town will not allow or permit any commercialization of the Town's ocean beaches.
• The Town will review and update the Nags Head Pedestrian Transportation System Plan
' adopted on November 6, 1996.
109
• The Town will identify recreational sites where sidewalks would facilitate pedestrian
traffic to these recreational facilities and will submit funding requests through the
budget and CIP process.
• The Town will consider amendments to the subdivision ordinance requiring the
installation of sidewalks and/or multi use paths in areas identified in the "Nags Head
Pedestrian Transportation System Plan".
Natural Hazard Areas: Do Public Access policies reduce, to the extent possible, damage to life
and property from hurricanes and severe coastal storms? Do the public access policies reduce
these hazards in advance of such events?
Neutral
• The Town will not allow or permit any commercialization of the Town's ocean beaches.
• When the opportunity arises, the Town will acquire oceanfront property for access and
open space.
Water Qualitx: Do the Public Access policies maintain and improve estuarine water quality and
natural estuarine functions while providing water based recreational opportunities? Do the
public access policies manage stormwater in ways that reduce the risk of flooding whiles
disposing of stormwater in an environmentally sensitive way?
Beneficial
• The Town shall consider establishing larger, less traditional estuarine access sites that
can function as access sites but also shore recreation areas and parks.
• The Town will make a financial commitment including additional personnel and
equipment if needed to keep our ocean beaches clean of debris and litter.
• When the opportunity arises, the Town will acquire oceanfront property for access and
open space.
• The Town will not allow or permit any commercialization of the Town's ocean beaches.
• The Town shall continue to review our local policies to ensure compliance with state
rules.
Local Areas of Concern: Do the Public access policies provide for a street and bridge system
that allows efficient and safe movement of vehicles to and within the Town, which also permits
quick evacuation? Do the Public access policies address community appearance?
Neutral
• The Town will not allow or permit any commercialization of the Town's ocean beaches.
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1 • The Town shall consider establishing larger, less traditional estuarine access site that
I
can function as access sites but also shore recreation areas and parks.
Land Use ComLatibility's policies on:
Public Access: Do the Land Use Capability policies provide for significant opportunities for public
access to the beach? Do the policies provide for opportunities to facilitate pedestrian
movement to recreational sites?
Beneficial
• The Town will identify important areas to be acquired as open space and shall request
funds for acquisition of these areas through the budget, CIP, and grant process.
• The Town's current development requirements allow for hotels and motels to be built on
the oceanfront. The Town shall not approve any amendment which would allow for a
greater density of units, greater height of buildings or allowing these structures in
oceanfront districts where they are not allowed now. (R-1, R-2 and SPD-C)
Land Use Compatibility: Do the Land Use Capability policies provide for the Town to continue to
grow primarily as a low density, single-family residential community? Do the Land Use
' capability policies provide the Town the ability to preserve open space and green space?
Beneficial
' • The Town's current development requirements allow for hotels and motels to be built on
the oceanfront. The Town shall not approve any amendment, which would allow for a
greater density of units, greater height of buildings or allowing these structures in
oceanfront districts where they are not allowed now. (R-1, R-2 and SPD-C)
• The Town may not increase and may consider reducing the amount of land zoned
commercial.
• The Town will identify important areas to be acquired as open space and shall request
funds for acquisition of these areas through the budget, CIP, and grant process.
• The Town does not wish to become a regional industrial services area and will not
increase the size of the Commercial Services District (C-3) or create additional industrial
parks or subdivisions.
• The Town will not permit fossil and nuclear energy production facilities to be located in
Nags Head.
111
Infrastructure carrying capacity: Do the Land Use Capability policies provide and economic and
environmentally sensitive means of sewage treatment and disposal, which maintains or
improves the quality of the Towns' surface and groundwater? Do the Land Use Capability
policies provide for the Town's support of the Outer Banks Thoroughfare plan?
Neutral
Natural Hazard Areas: Do the Land Use Capability policies reduce, to the extent possible,
damage to life and property from hurricanes and severe coastal storms? Do the Land Use
Capability policies reduce these hazards in advance of such events?
Beneficial
• The Town will identify important areas to be acquired as open space and shall request
funds for acquisition of these areas through the budget, CIP, and grant process.
• The Town's current development requirements allow for hotels and motels to be built on
the oceanfront. The Town shall not approve any amendment which would allow for a
greater density of units, greater height of buildings or allowing these structures in
oceanfront districts where they are not allowed now. (R-1, R-2 and SPD-C)
• The Town will consider applying similar rules and regulations that are applicable for
residential districts in the commercial districts for the preservation of dunes, topography,
and vegetation.
Water Quality: Do the Land Use Capability policies maintain and improve estuarine water quality
and natural estuarine functions while providing water based recreational opportunities? Do the
Land Use Capability policies manage stormwater in ways that reduce the risk of flooding while
disposing of stormwater in an environmentally sensitive way?
Beneficial
• The Town will consider applying similar rules and regulations that are applicable for
residential districts in the commercial districts for the preservation of dunes, topography,
and vegetation.
• The Town shall not increase the number of rental PWC units allowed to be rented at
each site.
• The Town will not permit or allow the land based commercial rental of personal
watercraft for use in the Atlantic Ocean
Local Areas of Concern: Do the Land Use Capability policies provide for a street and bridge
system that allows efficient and safe movement of vehicles to and within the Town, which also
permits quick evacuation? Do the Land Use Capability policies address community appearance?
Neutral
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• The Town will develop an incentive program designed to help ensure that replacement
housing will be in keeping with the "Nags Head image" or vernacular. The Town will
' continue to enforce and amend as needed, Section 48-370 of the Zoning Ordinance.
• The Town will continue to enforce section 48-370 of the Zoning Ordinance, Residential
' Design Standards, which sets forth "regulations designed to protect and promote the
unique and historical elements of residential architecture."
• The Town may not increase and may consider reducing the amount of land zoned
' commercial.
• The Town's current development requirements allow for hotels and motels to be built on
the oceanfront. The Town shall not approve any amendment, which would allow for a
I greater density of units, greater height of buildings or allowing these structures in
oceanfront districts where they are not allowed now. (R-1, R-2 and SPD-C)
• The Town will identify important areas to be acquired as open space and shall request
funds for acquisition of these areas through the budget, CIP, and grant process.
• The Town does not wish to become a regional industrial services area and will not
increase the size of the Commercial Services District(C-3) or create additional industrial
parks or subdivisions.
' • The Town will not permit fossil and nuclear energy production facilities to be located in
Nags Head.
1 Infrastructure Carrying Capacity's effect on:
' Public Access: Do the Infrastructure Carrying Capacity's policies provide for significant
opportunities for public access to the beach? Do the policies provide for opportunities to
facilitate pedestrian movement to recreational sites?
' Neutral
' Land Use Compatibility: Do the Infrastructure Carrying Capacity's policies provide for the Town
to continue to grow primarily as a low density, single-family residential community? Do the
Infrastructure Carrying Capacity's policies provide the Town the ability to preserve open space
iand green space?
Beneficial
' • The Town will not amend the zoning ordinance or any development regulation which
would result in either increased density (units/acre) or increased intensity of these
homes.
• The Town will consider developing regulations, which addresses multiple curb cuts onto
Town streets.
• The Town will work with NCDOT to request changes to the Plan which reflect the
current road and traffic conditions within the Town.
113
• The Town will encourage interconnectivity between adjacent commercial sites to avoid
traffic on US 158 and NC 12.
Infrastructure carrying capacity: Do the Infrastructure Carrying Capacity's policies provide and
economic and environmentally sensitive means of sewage treatment and disposal, which
maintains or improves the quality of the Towns' surface and groundwater? Do the
Infrastructure Carrying Capacity's policies provide for the Town's support of the Outer Banks
Thoroughfare plan?
Neutral
• The Town will encourage interconnectivity between adjacent commercial sites to avoid
traffic on US 158 and NC 12.
• The Town will annually review and forward to NCDOT through the TIP process
transportation improvement projects, studies, and improvements desired by the Town.
• The Town will work with NCDOT to request changes to the Plan which reflect the
current road and traffic conditions within the Town.
• The Town will develop regulations limiting access to US 158; NC 12, NC 1243 and US
64-264 when access can be obtained either through a side street or common drive aisle.
• The Town will encourage interconnectivity between adjacent commercial sites to avoid
traffic on US 158 and NC 12.
Natural Hazard Areas: Do the Infrastructure Carrying Capacity's policies reduce, to the extent
possible, damage to life and property from hurricanes and severe coastal storms? Do the
Infrastructure Carrying Capacity's policies reduce these hazards in advance of such events?
Beneficial
• The Town will encourage interconnectivity between adjacent commercial sites to avoid
traffic on US 158 and NC 12.
• The Town will annually review . and forward to NCDOT through the TIP process
transportation improvement projects, studies, and improvements desired by the Town.
• The Town will work with NCDOT to request changes to the Plan which reflect the
current road and traffic conditions within the Town.
• The Town will develop regulations limiting access to US 158; NC 12, NC 1243 and US
64-264 when access can be obtained either through a side street or common drive aisle.
• The Town will encourage interconnectivity between adjacent commercial sites to avoid
traffic on US 158 and NC 12.
114
iWater Oualitx: Do the Infrastructure Carrying Capacity's policies maintain and improve
estuarine water quality and natural estuarine functions while providing water based recreational
' opportunities? Do the Infrastructure Carrying Capacity's policies manage stormwater in ways
that reduce the risk of flooding while disposing of stormwater in an environmentally sensitive
way?
' Neutral
• The Town shall periodically review existing practices to determine the most effective and
economical methods for collecting and processing of solid waste.
Local Areas of Concern: Do the Infrastructure Carrying Capacity's policies provide for a street
and bridge system that allows efficient and safe movement of vehicles to and within the Town,
which also permits quick evacuation? Do the Infrastructure Carrying Capacity's policies address
community appearance?
Beneficial
• The Town will encourage interconnectivity between adjacent commercial sites to avoid
traffic on US 158 and NC 12.
• The Town will annually review and forward to NCDOT through the TIP process
' transportation improvement projects, studies, and improvements desired by the Town.
• The Town will work with NCDOT to request changes to the Plan which reflect the
current road and traffic conditions within the Town.
• The Town will develop regulations limiting access to US 158; NC 12, NC 1243 and US
64-264 when access can be obtained either through a side street or common drive aisle.
' • The Town will encourage interconnectivity between adjacent commercial sites to avoid
traffic on US 158 and NC 12.
• The Town will not amend the zoning ordinance or any development regulation which
' would result in either increased density (units/acre) or increased intensity of these
homes.
iNatural Hazard Areas effect on:
' Public Access: Do the Infrastructure Natural Hazard Areas policies provide for significant
opportunities for public access to the beach? Do the policies provide for opportunities to
facilitate pedestrian movement to recreational sites?
Beneficial
' • The Town may acquire oceanfront property when the opportunity arises.
• The Town shall actively lobby the State for a state policy and strategy on beach
nourishment and beach renourishment.
115
• The Town will seek funding from local and regional sources to assist with the local
match for local, state and regionally funded beach nourishment projects.
The Town will consider amendments to our Flood Ordinance which addresses freeboard
and other flood mitigative measures recognized by FEMA and the CRS program to
reduce flood losses.
The Town shall investigate the feasibility of adopting more stringent flood requirements
and seeking proactive measures for beach nourishment.
Land Use Compatibility: Do the Natural Hazard Areas policies provide for the Town to continue
to grow primarily as a low density, single-family residential community? Do the Natural Hazard
Areas policies provide the Town the ability to preserve open space and green space?
Beneficial
• The Town may acquire oceanfront property when the opportunity arises.
Infrastructure carrying capacity: Do the Natural Hazard Areas policies provide and economic
and environmentally sensitive means of sewage treatment and disposal, which maintains or
improves the quality of the Towns' surface and groundwater? Do the Natural Hazard Areas
policies provide for the Town's support of the Outer Banks Thoroughfare plan?
Neutral
Natural Hazard Areas: Do the Natural Hazard Areas reduce, to the extent possible, damage to
life and property from hurricanes and severe coastal storms? Do the Natural Hazard Areas
policies reduce these hazards in advance of such events?
Beneficial
• The Town may acquire oceanfront property when the opportunity arises.
• The Town shall actively lobby the State for a state policy and strategy on beach
nourishment and beach renourishment.
• The Town will seek funding from local and regional sources to assist with the local
match for local, state and regionally funded beach nourishment projects.
The Town will consider amendments to our Flood Ordinance which addresses freeboard
and other flood mitigative measures recognized by FEMA and the CRS program to
reduce flood losses.
• The Town shall investigate the feasibility of adopting more stringent flood requirements
and seeking proactive measures for beach nourishment.
• The Town will consider amendments to our Flood Ordinance which addresses freeboard
and other flood mitigative measures recognized by FEMA and the CRS program to
reduce flood losses.
116
Water Quality: Do the Natural Hazard Areas policies maintain and improve estuarine water
' quality and natural estuarine functions while providing water based recreational opportunities?
Do the Natural Hazard Areas policies manage stormwater in ways that reduce the risk of
flooding while disposing of stormwater in an environmentally sensitive way?
' Neutral
Local Areas of Concern: Do the Natural Hazard Areas policies provide for a street and bridge
' system that allows efficient and safe movement of vehicles to and within the Town, which also
permits quick evacuation? Do the Natural Hazard Areas policies address community
appearance?
' Neutral
Water Quality effect on:
Public Access: Do the Water Quality policies provide for significant opportunities for public
access to the beach? Do the policies provide for opportunities to facilitate pedestrian
movement to recreational sites?
Neutral
Land Use Compatibility: Do the Water Quality policies provide for the Town to continue to grow
' primarily as a low density, single-family residential community? Do the Water Quality policies
provide the Town the ability to preserve open space and green space?
' Beneficial
• The Town shall monitor the implementation plan of the CHPP's program. One purpose of
the Coastal Habitat Protection Plan (CHPP's) was to document the role of aquatic
' habitats, provide their status, describe threats, develop management needs and develop
management's options for coastal habitats.
' Infrastructure carrying capacity: Do the Water Quality policies provide an economic and
environmentally sensitive means of sewage treatment and disposal, which maintains or
' improves the quality of the Towns' surface and groundwater? Do the Water Quality policies
provide for the Town's support of the Outer Banks Thoroughfare plan?
' Beneficial
• The Town shall apply for grant funds for projects that are designed to improve or prevent
further degradation of water quality of our ocean and sound system.
• The Town will fund or assist in funding a water quality -testing program.
' • The Town does not support the installation of new non -government owned package plants
and/or public sewage treatment.
117
Natural Hazard Areas: Do the Infrastructure Water Quality reduce, to the extent possible,
damage to life and property from hurricanes and severe coastal storms? Do the Water Quality
policies reduce these hazards in advance of such events?
Beneficial
The Town shall review the adequacy and amend, as needed the 2006 Stormwater
Management Plan. The Stormwater Management Plan has been implemented and
individual projects will be initiated, as funds are available.
The Town will implement flood control projects discussed in the stormwater systems
section of this plan as funds become available.
Water Quality: Do the Water Quality policies maintain and improve estuarine water quality and
natural estuarine functions while providing water based recreational opportunities? Do the
Water Quality policies manage stormwater in ways that reduce the risk of flooding while
disposing of stormwater in an environmentally sensitive way?
Beneficial
• The Town shall review the adequacy and amend, as needed the 2006 Stormwater
Management Plan. The Stormwater Management Plan has been implemented and
individual projects will be initiated as funds are available.
• The Town shall apply for grant funds for projects that are designed to improve or prevent
further degradation of water quality of our ocean and sound system.
• The Town will fund or assist in funding a water quality -testing program.
• The Town will investigate the feasibility of land disposal and storm water retention in
lieu of outfalls and may seek funds and grants or lobby NCDOT where the feasibility
exists for land application of stormwater.
Local Areas of Concern: Do the Water Quality policies provide for a street and bridge system
that allows efficient and safe movement of vehicles to and within the Town, which also permits
quick evacuation? Do the Water Quality policies address community appearance?
Neutral
Local Areas of Concern effect on:
Public Access: Do the Local Areas of Concern policies provide for significant opportunities for
public access to the beach? Do the policies provide for opportunities to facilitate pedestrian
movement to recreational sites?
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Beneficial
' The Town has initiated meetings with the County and other agencies to develop and
establish water quality and monitoring standards and to develop a protocol for public
notification when beaches and waters are closed for health reasons.
Land Use Compatibility: Do the Local Areas of Concern policies provide for the Town to continue
' to grow primarily as a low density, single-family residential community? Do the Local Areas of
Concern policies provide the Town the ability to preserve open space and green space?
Beneficial
' • The Town will investigate the feasibility for an architectural incentive program.
• The Town will consider an incentive program rewarding those developers, which set
aside additional open space in perpetuity.
• The Town will continue to work with residents within the district to establish a historic
' district.
• The Town will continue to amend the zoning ordinance by adopting provisions designed
to protect the uniqueness of homes on the National Register of Historic Places.
Infrastructure carrying capacity: Do the Local Areas of Concern policies provide an economic
' and environmentally sensitive means of sewage treatment and disposal, which maintains or
improves the quality of the Towns' surface and groundwater? Do the Local Areas of Concern
policies provide for the Town's support of the Outer Banks Thoroughfare plan?
' Neutral
' Natural Hazard Areas: Do the Local Areas of Concern reduce, to the extent possible, damage to
life and property from hurricanes and severe coastal storms? Do the Local Areas of Concern
policies reduce these hazards in advance of such events?
' Beneficial
• The Town shall develop a program to identify businesses and material storage areas
where significant amounts of toxic or hazardous products are stored which would be
' subject to flooding.
• The Town may develop regulations to require fuel tanks, including LP tanks to be
' adequately anchored to prevent flotation in the event of flooding.
Water Quality: Do the Local Areas of Concern policies maintain and improve estuarine water
' quality and natural estuarine functions while providing water based recreational opportunities?
Do the Local Areas of Concern policies manage stormwater in ways that reduce the risk of
' flooding while disposing of stormwater in an environmentally sensitive way?
' 119
Beneficial
The Town shall develop a program to identify businesses and material storage areas
where significant amounts of toxic or hazardous products are stored which would be
subject to flooding.
• The Town may develop regulations to require fuel tanks, including LP tanks to be
adequately anchored to prevent flotation in the event of flooding.
• The Town will comply with state rules regarding protecting open shell fishing waters and
restoring closed shell fishing waters.
Local Areas of Concern: Do the Local Areas of Concern policies provide for a street and bridge
system that allows efficient and safe movement of vehicles to and within the Town, which also
permits quick evacuation? Do the Local Areas of Concern policies address community
appearance?
Beneficial
• The Town will investigate the feasibility for an architectural incentive program.
• The Town will consider an incentive program rewarding those developers, which set
aside additional open space in perpetuity.
• The Town will continue to work with residents within the district to establish a historic
district.
• The Town will continue to amend the zoning ordinance by adopting provisions designed
to protect the uniqueness of homes on the National Register of Historic Places.
• The Town may develop regulations requiring a greater street standard (dimensional and
construction) where it can be reasonable demonstrated that near -by streets may be
destroyed by a storm or other natural event and the proposed street will be required to
accept greater amounts of traffic due to the loss of nearby streets.
Future Land Use Map
Although the Future Land Use is considered a policy, it is not a regulatory mechanism. The
map should be used as a guide in implementing the adoption of Ordinances, reviewing rezoning
and subdivision requests. The Maps proposed land designations are outlined below. Upon
finding of sufficient facts the Board of Commissioners may change zoning districts from time to
time which may affect the land designations on the Future Land Use Map. If a zoning district
text amendment is brought forward to the Board of Commissioners and it requires a change to
the Future Land Use Map, the Board of Commissioners shall hold a public hearing for local
adoption. The Future Land Use Map change must also be certified by the Coastal Resources
Commission prior to or parallel with the zoning district change. The future land use designations
are tied directly to the Town's current Zoning ordinance requirements. The policies under the
Land Use Plan Management Topics section of this plan were derived from the Town's zoning
ordinance, storm water plan as well as from comments by the steering committee and various
state agencies.
120
Table 32
Future Land Use
Land Use category
Acreage
Single-family residential
1800
Multi -family
85
Hotel/Motel/Cottage Court
41
Commercial
405
Multiple -Use
26
Government
15
Institutional/Religious
51
Warehouse
3
Park/Open space public
1052
Park/Open space -private
340
Cemetery
1
Secondary improvements
17
Undeveloped
1
Washout
18
Table 33
Future Land Use Acreage and Projected Land needs
Land Use
category
% of
developed
land 2005
Acres
2005
Future
Land
Use
Acreage
Acres
2010
Acres
2015
Acres
2020
Acres
2025
Acres
2030
Single-family
residential
42%
1601
1800
1691
1835
1974
2098
2216
Multi -family
2.2%
85
85
87
90.16
93.21
95.91
98.5
Hotel/Motel/Cottage
Court
1.07%
41
41
42
43.5
44.98
46.3
47.56
Commercial
8%
305
405
312
323.5
334.5
344.4
353.84
Multiple -Use
.7%
26
26
26.6
1 27.6
28.57
29.43
30.25
Government
.4%
15
15
15.4
30.4
30.96
31.45
31.92
Institutional/Religious
1.3%
51
51
52.2
54.07
55.87
57.48
59.01
Warehouse
.08%
3
3
3.07
3.35
3.46
3.55
3.64
Park/Open space
public
27%
1052
1052
1052
1052
1052
1052
1052
Park/Open space
private
8.8%
340
340
340
340
340
340
340
Cemetery
.03%
1
1
1.02
1.06
1.07
1.10
1.13
Secondary
improvements
.40%
17
17
17.36
17.93
18.48
18.97
19.44
Undeveloped
8%
610
1
205.33
26.38
-
132.17
-
273.68
-
408.41
Washout
.02%
8
8
.018
1 .048
.075
.099
.122
Total
100%
13845
13845
3845
13845
1 3845
13845
3845
121
When comparing the Future Land Use Acreage from Table 32 to the projected land needs taken
from Table 29 the Town would be built out by 2015. (Table 33)
Single Family Residential
The single family residential district contains low to moderate -density residential neighborhoods
with a mix of permanent and shortterm seasonal residents. It serves as a transition zone
between the moderate -density area and more intensely developed areas. A minimum lot area
of 20,000 square feet is required for single-family dwellings and 30,000 square feet is required
for duplexes. The density is 2 single-family dwelling units per acre or one duplex per acre. Lots
using individual wells and septic tanks are required to be 20,000 square feet per dwelling unit
and 40,000 square feet for a duplex. The minimum lot width required is 70 feet. The front
setback requirement is 30 feet while the rear yard setback requirement is 20% of the lot, not to
exceed 30 feet and the sideyards are 10 feet. The maximum height allowed for the structure is
35 feet although the height of a structure meeting the minimum roof pitch meeting other
minimum roof pitch requirements shall be allowed a maximum total height of 42. Permitted
uses in this designation are detached single family dwellings, duplexes, bulkheads and large
residential dwellings. Lot coverage shall not exceed 33%. Some permitted uses in this
designation are detached single family dwellings, municipally owned public facilities, swimming
pools, and large residential structures. Conditional uses allowed are fire stations, docks,
playgrounds and boarding houses.
Multi -Family Residential
The multi -family residential district is an area in which the principal use of the land is for high -
density single-family and duplex residential development. This district also provides for the
development of less intensive residential uses as well as compatible supporting use. Some uses
allowed in this district are detached single family dwellings, duplexes and municipally owned
facilities. A minimum lot area of 15,000 square feet is required for single-family dwellings. The
density is roughly 3 single-family dwelling units per acre and 2 duplexes per acre. A minimum
lot area of 22,500 square feet is required for duplexes. Lots using individual wells and septic
tanks are required to be 20,000 square feet per dwelling unit. The minimum lot width required
is 60 feet. The front setback requirement is 30 feet. The rear yard setback requirement is 20%
of the lot, not to exceed 30 feet and the sideyards are 8 feet. The maximum height allowed for
the structure is 35 feet although the height of a structure meeting other minimum roof pitch
requirements shall be allowed a maximum total height of .42. Lot coverage shall not exceed
33%. Permitted uses in this designation are detached single family dwellings, duplexes,
bulkheads and large residential dwellings. Conditional uses allowed in this designation are
cemeteries, private parks and playgrounds, nursing homes, private clubs and boardinghouses.
Incompatible uses such as retail shopping centers and gas stations are not permitted.
122
Commercial, Government, Multiple Use and Warehouse designations
The commercial, government, multiple -use and warehouse designations consist of land for
recreational purposes, commercial facilities, and commercial services as described in the below:
This area will be used for intensive recreational purposes and for those types of development
which need to be located in close proximity to the Town's beach area. This area will also
provide for the grouping and development of commercial facilities to serve the entire
community as well as for the less intensive residential and compatible supporting uses. A
minimum lot area of 15,000 square feet is required for commercial development and single-
family dwellings. The density of development is roughly 3 single-family dwelling units or 3
commercial developments per acre. The maximum height allowed for the structure is 35 feet
although the height of a structure meeting other minimum roof pitch requirements shall be
allowed a maximum total height of 42. A minimum lot area of 22,500 square feet is required
for duplexes. Lots using individual wells and septic tanks must be 20,000 square feet per
dwelling unit. The minimum lot width required is 60 feet. The minimum depth of the front yard
for single-family and duplexes must be 30 feet. The minimum depth of the front yard for
commercial development must be 15 feet. The minimum width of the side yards shall be eight
feet for single-family, duplex and commercial development. In the case of a corner lot the
minimum width of the side yard adjacent to the right-of-way must be no less than 15 feet. The
minimum depth of the rear yard must be 20 percent of the lot depth for single-family and
duplex, but need not exceed 30 feet. The minimum depth of the rear yard for a commercial
development must be 25 feet. Lot coverage shall not exceed 55%. Permitted uses in this
designation are detached single family dwellings, duplexes, banks, drug stores, post office and
large residential dwellings. Conditional uses allowed are fishing piers, automobile service
stations, and retail shopping centers. Although the fresh pond is designated as multiple -use in
the future land use map the 1,200 foot watershed buffer will continue to be enforced.
Hotel, Motel and Cottage Court
The hotel/motel/ and cottage court land classification allows for the location of larger -scale
hotels in where the increase in height does not significantly affect the view shed from Jockey's
Ridge and does not diminish the low density character of the historic district and other
neighborhoods. The Maximum height of structures is 60 feet. Hotels are allowed a maximum
total lot coverage of 65 percent. For hotels buildings higher than 35 feet, the side yard setback
has to be ten feet plus an additional one foot for each foot over 35 feet. A minimum of 50
percent of the required side yard setbacks must remain undeveloped as open space. The
density of hotel units will not exceed 16 hotel units or hotel efficiency units for the first acre and
20 hotel units or hotel efficiency units for each additional acre. Permitted uses in this
designation are hotels, motels, retail stores, single family dwellings, public utility facilities and
indoor public facilities. Incompatible uses such as warehouses are not permitted.
123
Undeveloped
The undeveloped classifications are areas that are not currently developed with structures.
These areas will be grouped into the surrounding land classification once development begins
i.e. an undeveloped lot within the single-family land classification will be given a land
classification of single-family.
Park/Open Space
The park/open space public classification is National Park service land and Town parks.
Recreation Private
The recreation private designation is land set aside, by the Village Property Owners Association,
during the subdivision process. This land is used for stormwater retention as well as a private
golf course.
Cemetery, Secondary Improvement and Washout
The underlying use of the cemetery area is for a cemetery. The washout areas are land that
has been washed out by the ocean and is now unable to be built on. The secondary
improvement areas are indicated for utility company substations. Incompatible uses such as
single family dwellings will not be permitted.
Institutional and Religious
The institutional and religious designation areas are where churches, synagogues and other
religious facilities are located. All structures within the religious complex must be separated by a
minimum of 30 feet and can be located no closer than 25 feet to a common property line or 30
feet from and abutting street or right of way. Lot coverage may not exceed 30 percent but may
be increased to 45% when on -site stormwater facilities are constructed. Minimum lot width
must be 70 feet and the minimum front yard depth is 30 feet. The minimum width of the side
yard is 10 feet. The maximum height allowed for the structure is 35 feet although the height of
a structure meeting other minimum roof pitch requirements shall be allowed a maximum total
height of 42. Permitted used in the Institutional and Religious designation are single family
dwellings, duplexes, and municipally owned facilities. Incompatible uses such as warehouses
are not permitted.
The only significant difference between the Existing Land Use map and the Future Land Use
Map is the amount of land designated as commercial and single family residential. This change
is due to the fact that the Existing Land Use Map classified some areas as undeveloped. The
undeveloped lots may eventually be developed as commercial and single family residential.
124
' Chart 1 in Appendix F shows 199 acres of undeveloped lots from the existing land use map will
convert to Single family residential and 100 acres of undeveloped lots from the existing land use
' map will convert to commercial. 1 acre will remain in the undeveloped category. At this time,
the Town has no major areas or new locations planned for future growth and development.
Also, there are no areas targeted for infill, preservation, and redevelopment. The Town requires
' developers to install roads and waterlines in new subdivisions and the Town has no municipal
sewer system. The Town recognizes the need for a dual or looped water supply system and will
continue to loop the system as funding permits. At this time, the Town has no desire to
' redevelop at higher densities to support additional demand.
125
Tools for Managing Development
• Guide for Land Use decision making
The local planning requirements of the North Carolina Coastal Area Management Program (LAMA)
provide the framework in which to analyze and project these future growth pressures, identify the
problems and concerns they raise, and develop 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 recognize that
even if this planning effort was not required under CAMA provisions, the Town would still have
undertaken it. The Town recognizes the Land Use Plan is used in the consistency review of
CAMA Major permit applications and that inconsistency with Land Use Plan policies including the
FLUPM and implementation can result in denial of State permits. Implementation of the policy
statements in this plan are shown as objectives under the policy statements. Effective January
1, 2006, state statutes require that all city and county planning boards comment in writing on
any proposed zoning map or text amendment. The comment must address whether the
proposed amendment is consistent with any comprehensive plan that has been adopted and
any other officially adopted plan that is applicable. When adopting or rejecting any proposed
amendment, the city council or board of commissioners must also adopt a statement to address
this issue (and also addressing why the board believes the action taken is reasonable and in the
public interest) G.S. 160A-383; 153A-341. It is also important to note that other state statutes
G.S. 160A-382 and 153A-342 specifically require that a statement be prepared analyzing the
reasonableness of all CUP, conditional zoning, or other small scale rezonings. The statutes
allow substantial flexibility as to how these statements are prepared. Many jurisdictions have a
staff analysis on this issue, often including a draft statement, prepared for Planning board and
governing Board consideration, amendment and adoption. As required, the Town follows state
statutes as well as our local ordinances in the decision making process. As required by state
statute, public hearings will continue to be held for zoning map and ordinance changes.
• Existing Development Program
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. Past Land Use Plans have
established the baseline assumptions concerning future growth and provided 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.
As Nags Head approaches build -out, management of existing development and redevelopment will
be a paramount concern. As remaining land becomes more limited and as our housing stock ages,
the Town must make sure that when the marginal land is developed and the existing housing
stock improved, that it is developed or improved in a fashion consistent with the Town's desire to
retain the "Nags Head" image. As we near build -out, our focus needs to address our existing
natural and man-made environment and how best to manage this environment to meet the needs
of our citizens and visitors. The 2006 CAMA Land Use Plan will be used in conjunction with the
127
Towns' Zoning Ordinance, Stormwater Management Plan and various Zoning and Town code
amendments to accomplish the goals of this plan.
Following are three federal programs which will continue to be utilized to regulate development
in the Town as well.
1. National Flood Insurance Program
2. U.S. Fish and Wildlife Service
3. US Army Corps of Engineers
The Town will continue to follow State Regulatory Programs as well. Some of these programs
are:
1. Coastal Area Management Act
2. Ocean Hazard area of Environmental Concern (AEC's)
3. North Carolina Division of Marine Fisheries
The Town will continue to refer to the Land Use Plan policies when reviewing amendments to
the Town Code to ensure any amendment to the Code does not conflict with the Land Use Plan
policies. Discussion about the above regulatory programs can be found in the Natural Resources
section of this plan.
• Additional Tools
The Town will review the Zoning Ordinance periodically to ensure it is compliant with new State
and Federal regulations. Due to current state of the economy, the Town does not have any
plans to acquire property in the near future but will acquire properties as funds become
available. The Town will also complete projects in the Town's Capital Improvement Program as
funds become available. The Town is currently pursuing a beach nourishment project and is in
the process of seeking funds for the project.
• Action Plan Schedule
The action schedule for implementing the policies can be found under the Plan For the Future
section of this plan. Following each implementation action for a policy (in parenthesis) is the
priority for that implementation. The policies will be used to prepare Implementation Status
Reports. The timing for completion of policies is based upon the priority assigned and are as
follows: Highest Priority (2 years); High Priority (3 years), Priority (4 years), and Low Priority (5
years).
128
IAppendix A - Citizen Participation Plan
Town of Nags Head, NC
CAMA Land and Water Use Plan Update
Citizen Participation Plan
Background
This Citizen Participation Plan (CPP) is developed to provide a formal public
participation program for the development of the CAMA Land and Water Use Plan (the
Plan). The Town of Nags Head is required to develop the CPP because the Town is
using CAMA funds to assist with preparation of the Plan. This CPP satisfies the
requirements of the state -funded CAMA Land and Water Use Plan contained in 15A
NCAC Subchapter 7L, Local Planning and Management Grants.
The Land and Water Use Plan, created with input from residents, non-resident property
owners, business owners, Town Boards and Committees, State and Federal agencies,
as well as other stakeholders, establishes the vision for the community and formulates
the goals, objectives, and strategies for achieving that vision. Many of the Town's
' regulations and initiatives are a direct result of the policies included in the Land and
Water Use Plan.
As evidenced by this Citizen Participation Plan, the Town will be making a substantial
effort to solicit public input. Part of this includes assembling a diverse group of
individuals and community representatives to formulate the Lead Planning Group, which
will serve as a steering committee to guide Staffs efforts and advise the Board of
Commissioners throughout this process. Additionally, the CPP will "employ a variety of
educational efforts and participation techniques to assure that all socio-economic
segments of the community and non-resident property owners have opportunities to
participate during plan development" [15A NCAC 7L .0506 (a)]. CPP activities will occur
throughout the Plan development process (see Appendix A for a Plan schedule).
The CPP includes four major components:
1. Lead Planning Group
2. Initial public information meetings
3. Public participation tools
4. Meeting schedule
The following sections further describe each of these components.
Section 1: Lead Planning Group (LPG)
The Lead Planning Group has been designated by the Town to act in an advisory
capacity throughout the development of the Plan. The Town's Board of Commissioners
selected a large and diverse group of stakeholders to participate as members of the
LPG. The Board identified groups and individuals to contact based upon a desire to
build upon experience with these groups formed on previous issues and projects.
Representatives from organizations, associations and community groups were
specifically sought due to their ability to further involve the members of their associations
in the development of the Plan.
The Town has contracted with Parsons Brinckerhoff Quade & Douglas, Inc., an
international consulting firm, to act as facilitator throughout the Plan development
process. The consultants will act as facilitators at all LPG and public meetings. Town
Staff will act as co -facilitators.
Membership
November 1, 2005
Town of Nags Head, NC
CAMA Land and Water Use Plan Update
Citizen Participation Plan
Invitations to participate on the LPG were sent by the Town on September 23, 2005.
Appendix B lists the current LPG representatives. The following organizations (listed
below) were requested to provide a representative to the LPG.
The Nature Conservancy -
Town of Nags Head Board of
Old Nags Head Cove
Homeowners Association
Nags Head Woods
Adjustment
North
Friends of Jockey's Ridge
Town of Nags Head Planning
Town of Nags Head Board of
Board
Commissioners
Outer Banks Community
Nags Head Acres
Outer Banks Visitors Bureau
Foundation
Homeowners Association
Outer Banks Community
Outer Banks Kiwanis Club
North Ridge Homeowners
Development Corporation
Association
North Carolina Aquarium
Dare County Board of
Outer Banks Homebuilders
Education
Association
Dare County Planning Board
Gallery Row Merchants
South Creek Acres
Homeowners Association
Jockey's Ridge State Park
North Carolina Department
North Carolina Coastal
of Transportation
Federation
Dare County Restaurant
Outer Banks Transportation
Outer Banks Chamber of
Association
Task Force
Commerce
Nags Head Pond
Outer Banks Surfrider
Nags Head Surf Fishing Club
Homeowners Association
Foundation
Outer Banks Association of
National Park Service - Cape
Old Nags Head Cove
Homeowners Association
Realtors
Hatteras National Seashore
South
Villa Dunes Property
Dare County Arts Council
Owners/Nags Head
Town of Kill Devil Hills
Community Watch Program
Dare County Board of
Town of Nags Head Citizens
Village at Nags Head
Commissioners
I Advisory Committee
Property Owners Association
Village at Nags Head
Wheels of Dare
I
Thomas A. Baum Senior
Property Owners Association
Center
Role & Authority
As an advisory committee created specifically for the purpose of updating the Plan, the
LPG's role is to guide the Town staff and Board of Commissioners in the development of
the Plan. The LPG will serve in an advisory capacity to the Town of Nags Head staff and
the Board of Commissioners (Board). The LPG has the authority to make
recommendations to the Board regarding the Plan's development and adoption. The
Board shall remain ultimately responsible for the adoption of the Plan and its associated
policies.
Responsibilities
Several responsibilities have been identified for the members of the LPG:
1. Establish a chairperson
The chairperson will focus and lead the LPG. The chairperson will assist the
Consultant and Town Staff to facilitate LPG meetings. When necessary, the
November 1, 2005 2
' Town of Nags Head, NC
CAMA Land and Water Use Plan Update
Citizen Participation Plan
' chairperson shall request LPG members to vote on issues or recommendations in
order to reach consensus as a group.
2. Attend meetings
The primary responsibility of each LPG member is to be an active participant in the
development of the Plan. Attendance and contribution to the discussion at each LPG
meeting is essential to foster the development of the Plan.
3. Participate in outreach activities
Several outreach activities are included in the development of the Plan (see Section
4 below). LPG members are requested to assist the Town to publicize and make
successful all efforts to solicit input to the Plan. Members of the LPG will be
requested to be active participants at public outreach activities. The LPG will act as
"ambassadors" of the planning process, ensuring that issues raised by the public are
documented and discussed in the Plan.
4. Provide input at milestones / decision points
The LPG will review materials related to the development of the Plan and will provide
input at project milestones and decision points. A few of the areas the LPG will
review during Phase I of the Plan include:
' • draft version of this Citizen Participation Plan
• draft survey instrument
• summary of survey findings
' • public comments
• key issues
• existing conditions assessment
' • draft vision statement
During Phase II the LPG will participate in the following activities:
• update citizen participation plan
• develop goals and objectives for policies
• review previous policies
' • future land use map
develop draft plan
present Plan to the Board
• Review comments from public / Board
• revise Plan
5. Advise the Town staff and Board of Commissioners
' The LPG will act in an advisory capacity to the Town Staff and Board of Commissioners
for all issues related to development of the Plan.
• content of public outreach activities
' • data & forecast analyses
• project deliverables
• provide recommendations for board actions
Section 2: Initial public information meetings
November 1, 2005 3
Town of Nags Head, NC
CAMA Land and Water Use Plan Update
Citizen Participation Plan
An initial public information meeting occurred on October 27, 2005 at 7PM to inform
citizens about the purpose of the CAMA land use plan and the steps that will be taken to
update it. A notice was published in the Coastland Times on September 23, 2005. A
' second notice will be published in the Coastland Times on Thursday October 13, 2005.
(See Appendix C for copies of the Notices). The notices were conveyed to the Coastal
Resources Advisory Council members and to the district DCM planner.
' The meeting format was an open -house style workshop with PowerPoint presentation
and exhibit maps depicting some of the issues that came from the scoping session. The
public will be invited to speak about key issues to be addressed in the Plan.
' Section 3: Public participation tools
There are several objectives of the citizen participation process. These objectives are
met with various public participation tools: The table below highlights the major citizen
participation tools intended for the Nags Head Plan. The tools will be used throughout
the planning progress.
Education - improving stakeholders' understanding of the impact that land use
and development issues have on their quality of life and increasing the
community's understanding of CAMA and the land use planning process.
Listening - improving the local planning team's understanding of the values of
' the community's stakeholders, the issues that are important to them, and how
stakeholders perceive that the land use plan will affect them.
' Collaboration — creating opportunities for working with stakeholders to identify
alternative plan solutions, to identify the impacts of favored solutions on
stakeholders, and to work toward community consensus.
' Support — creating a base of support in the community for implementation of the
policies and programs embodied in the plan.
November 1, 2005 4
Town of Nags Head, NC
CAMA Land and Water Use Plan Update
Citizen Participation Plan
Method
Description / Purpose
Target Audience
Anticipated
Results
Email Broadcast
• Sent regularly to provide Plan
. Email list
• Education
updates
. Plan mailing list
• Support
• Meeting invitations & reminders
Government Access
• Notices & updates broadcast to TV
TV
viewers
• Residents
• Education
• Meeting invitations & reminders
• Solicit stakeholder input on key
• Education
Targeted Phone
issues
Key stakeholders
•Listening
Interviews
• Build dialogue between Town & key
•Collaboration
stakeholders
• Provide information about Plan
progress
• Education
Design Charefte /
• Gather public input regarding design
• Residents
• Listening
Visioning
issues
• Property owners
• Collaboration
• Develop draft recommendations /
• Support
designs forspecific areas
Town Website
• Post information & draft materials for
• Residents
• Property owners
• Education
review
• Visitors
• Provide information about Plan
Town Newsletter
progress
. Town residents
• Education
• Build support through stories about
Plan importance
Survey Instrument
. Request opinions on key issues
• Residents
. Listening
• Property owners
Published notices
• Meeting invitations & reminders
. Residents
•
Provide notices regardingEducation
• Provide information about Plan
Newspaper articles
progress
• Build support through stories about
•Residents
• Education
. Support
Plan importance
Public Workshops /
• Provide information
• Education
Community Forum
. Request feedback
Re q
• Residents
• Listening
• Enable public comment
• Property owners
• Collaboration
• Build dialogue & support for Plan
• Support
Focus Groups
• Solicit stakeholder input on key
•Key stakeholders
• Listening
issues
• Support
• Present draft vision statement
• Residents
• Education
Public Hearings
• Listen to public comment
• Property owners
Listening
I
At the end of Phase I and at the conclusion of the Plan, a summary report of all public
outreach activities will be prepared. The report will document the activities listed in the
November 1, 2005 5
Town of Nags Head, NC
CAMA Land and Water Use Plan Update
Citizen Participation Plan
table above and will more fully describe the anticipated results compared to actual
results achieved through the Citizen Participation Process.
Section 4: Meeting schedule
The following is a general outline of topics and activities scheduled for the lead planning
group and public meetings.
LPG Meeting 1: Organization and overview of the land use planning process; review of
CPP; preliminary input on key issues; prepare for first public meeting
First Public Workshop: Describe purpose for Plan; Review 2000 Plan; Solicit input for
key issues
LPG Meeting 2: Review results of first public meeting; revise CPP; More input on key
issues;
LPG Meeting 3: Review existing conditions analysis; refine key issues; coordinate with
Beach Road study; preliminary input for survey design
LPG Meeting 4: Review growth trends; more input for survey design; prepare for 2nd
public outreach meeting
Second Public Workshop: Summarize key issues identified to date; seek input /
refinement; present topics for opinion survey
LPG Meeting 5: Review results of second public meeting; approve survey design;
review growth forecasts
LPG Meeting 6: Review draft results of survey; review natural systems analysis; discuss
2000 plan implementation; review draft vision statement; prepare for third public
outreach meeting
Third Public Workshop: Summarize findings from opinion survey; present summaries of
existing conditions, forecasts, and natural systems analyses; preliminary input for draft
vision statement
LPG Meeting 7: Review third public workshop; refine draft vision statement; review
implementation deficiencies from 2000 Plan
LPG Meeting 8: Finalize draft vision statement; define management topics; review of
Phase I & preview of Phase II activities
Fourth Public Workshop (Hearing): Present draft vision statement for adoption; overview
of Phase II activities
November 1, 2005 6
Town of Nags Head, NC
CAMA Land and Water Use Plan Update
Citizen Participation Plan
IAppendix A: Plan Schedule
November 1, 2005 7
Town of Nags Head, NC
CAMA Land and Water Use Plan Update
Citizen Participation Plan
November 1, 2005 8
Town of Nags Head, NC
CAMA Land and Water Use Plan Update
Citizen Participation Plan
I
Appendix B: LPG members
Name
Organization
The Nature Conservancy - Nags Head Woods
Aaron McCall
Old Nags Head Cove Homeowners Association North
Bel Pitcher
Wheels of Dare
Bill Brobst
Friends of Jockey's Ride
Billy Moseley
Town of Nags Head Planning Board
Bo Taylor
Town of Nags Head Board of Commissioners
Bob Muller
Outer Banks Community Foundation
Bob Oakes
Thomas A. Baum Senior Center
Brandi Rheubottom
Nags Head Acres Homeowners Association
Buster Nunemaker
Outer Banks Visitors Bureau
Carolyn McCormick
Outer Banks Community Development Corporation
Charles Poe
Outer Banks Kiwanis Club
Chuck Parker
North Ridge Homeowners Association
David Gourley
North Carolina Aquarium
David Griffin
Nags Head Pond Homeowners Association
Ed Mays
Dare County Planning Board
Elmer Mid eft
Gallery Row Merchants
Gail Kowalski
South Creek Acres Homeowners Association
Garry Oliver
Jockey's Ride State Park
George Barnes
North Carolina Department of Transportation
Gretchen Byrum
North Carolina Coastal Federation
Jan DeBlieu
Outer Banks Transportation Task Force
Jody Crosswhite
Dare County Board of Education
John Donlan
Town of Nags Head Citizens Advisory Committee
John Ratzenber er
Outer Banks Surfrider Foundation
John Wasniewski
Villa Dunes Property Owners
Kaye White
Nags Head Surf Fishing Club
Kearns Lowman
Outer Banks Realtors Association
Mark Cornwell
Old Nags Head Cove Homeowners Association South
Paula Farah
Dare County Arts Council
Peggy Sa odto
Nags Head Community Watch Program
Perry White
Outer Banks Chamber of Commerce
Ralph Buxton
National Park Service - Cape Hatteras National Seashore
Ron Clark
Outer Banks Homebuilders Association
Russell La
Town of Kill Devil Hills
David Gill
Dare County Board of Commissioners
Stan White
Town of Nags Head Board of Adjustment
Susan Boncek
Village at Nags Head Property Owners Association
Tom Saporito
Dare County Restaurant Association
I Tom Sloate
November 1, 2005 9
' Town of Nags Head, NC
CAMA Land and Water Use Plan Update
Citizen Participation Plan
' Appendix C: Citizen Information Meeting Notices
November 1, 2005 10
' Town of Nags Head
CAMA LAND AND WATER USE PLAN UPDATE
' PUBLIC MEETING NOTES
' OCTOBER 27, 2005
Attendance:
The meeting was attended by four members of the Lead Planning Group, the Division of
' Coastal Management District Planner, and six members of the Town staff.
Agenda:
' The meeting addressed the following topics via a PowerPoint presentation (see
attached):
• Overview of the Land & Water Use Plan
• Lead Planning Group
• Ways to Participate
• 2000 Plan Summary
• Lead Planning Group preliminary key issues (from October 12 meeting)
' Key Issue Input:
At the conclusion of the PowerPoint presentation, input was requested to broaden the
' list of preliminary key issues. The following issues were mentioned:
• Mixed Use Development:
o Identify methods to make commercial development more viable
o Mix of commercial / residential in single developments
• Septic Health
o Review of innovative systems— analysis of results / identify issues
' regarding maintenance to determine if the systems are working
• Beach Access
' o Need for additional beach access points
o Beach erosion has removed access in South Nags Head.
o Determine methods to manage lost / dead-end streets
• Pedestrian Transportation System
o Provide more connections between residences, services and recreation
opportunities.
' o Better linkages may reduce auto trips
o Less auto trips may reduce congestion
t
Town of Nags Head Public Meeting Notes
Land Use Plan Update October 27, 2005
l
• Stormwater
' o Protection of investment (swales and drainage infrastructure)
o Addition of no parking signs to keep cars away from swales
Public questionnaire:
A questionnaire was distributed to solicit additional public input regarding key issues.
The questionnaire posed the following open-ended questions:
' 1. What issues are you PERSONALLY concerned about within the Town?
2. What issues should the Town (as a whole) be concerned about?
3. What changes have you seen within the Town in the last Five years? Ten
years? 15 to 20 years?
4. What's been good or bad about these changes?
Attendees offered to distribute the questionnaire to neighbors, associates and other
' Town residents to further solicit input on the plan.
Enhancing outreach:
Attendees were asked to help identify methods to increase public awareness about the
' LUP update and to solicit greater public input. One option under consideration is
including information about the LUP in the Town's bi-monthly water bill.
' Next steps:
Attendees were asked to continue to provide input regarding the key issues. Preliminary
input on the public opinion survey was also solicited.
• The next Lead Planning Group meeting (open to the public) will tentatively occur in
' November.
• The next public meeting will occur in early 2006.
E
Appendix B — 2006 Land Use Plan Survey Results
Town of Nags Head
' Draft Citizen Survey Results
May 30, 2006
' The citizen survey is a major component of the public outreach efforts for the
2005-2006 update to the CAMA Land Use Plan. The Town last conducted a
comprehensive public survey in 1996. The 2006 survey was developed following
' the general format of the previous survey; however all of the questions were
reviewed and revised to reflect current issues.
' The Lead Planning Group, an advisory body consisting of 38 invited members of
the local community, met between December 2005 and February 2006 to review
and revise the survey. A draft version of the survey was presented to the Board
' of Commissioners on February 1, 2006.
Approximately 5,500 surveys were mailed in early March using a database
' compiled from both the voter registration list and property tax records maintained
by Dare County. This database therefore targeted both property owners and
registered voters in the Town. Duplicate names from the two sources were
' deleted, however where two or more registered voters resided at a single mailing
address, multiple surveys were sent (one for each registered voter). Each survey
was self-addressed for return and included pre -paid return postage. In early April
' reminder postcards were mailed resulting in approximately 300 additional
returned surveys.
' As of May 22, 2006, there were 1,009 completed surveys returned to the Town.
The graphs in the following pages were developed from the total of completed
surveys, however, note that some graphs depict fewer responses since not all
tquestions were completed by every respondent.
' As stated above, the survey targeted approximately 5,500 residents and property
owners. The response rate is approximately eighteen percent. The survey was
not structured to be either a scientific random sample or a census -type survey,
' however given the good number of valid responses; the survey can be reported
as representative of the target population (registered voters and property owners
in Nags Head). Using a typical confidence level of 95 percent, the results have a
' confidence interval of +/- 3 percent. This means that if the survey was
administered 100 different times under identical conditions, ninety-five percent of
the trials would have results within plus or minus 3 percent of the results reported
' here.
The survey results are maintained in a Microsoft Access database file allowing
' multiple queries and sub -queries to be performed for each question. This will
enable the Town to continue to consider public opinions during the development
of the Land Use Plan update.
1 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
The following charts depict the draft results of the 2006 Town of Nags Head
Citizen Survey.
Q1: How important are the following elements towards preservation
and enhancement of Nags Head as a community?
0%
Landscape
Water oust
Dark Night Skies
Open Spaces
Beach Accesses
Parks & Rec
Cultural Activities
Historic Structures
Sidewalks / Multi Use Paths
Single Family Homes
Single Family Rentals
Multi -family housing
Hotels
Tourism
National brands
Independently Owned
Night Life
Entertainment / Amusements
Nags Head architecture
Commercial Businesses
Piers
Beaches
20% 40% 60% 80% 100%
■ Very Important 0 Important ❑ Slightly Important ❑ Not Important
2 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
Q1: How well is the Town performing with regard to the following
attributes?
0% 20% 40% 60% 80% 100%
Landscape
Water Qual
Dark Night Skies
Open Spaces
Beach Accesses
Parks & Rec
Cultural Activities
Historic Structures
Sidewalks / Multi Use Paths
Single Family Homes
Single Family Rentals
Multi -family housing
Hotels
Tourism
National brands
Independently Owned
Night Life
ntertainment / Amusements
Nags Head architecture
Commercial Businesses
Piers
Beaches
■ Very Well ❑ Good ❑Average ❑ Below Average
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
Q2-4: The rate of growth over the last five years in Nags Head has
been?
Tourism
Permanent
Population
Business
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
m®®
�■��
MEN
MEMEMEMEM:
■ Much too slow ❑ A little slow ❑ Just about right OA little fast ■ Much too fast
GROWTH & DEVELOPMENT
Q5: Which term best reflects your opinion of
development in Nags Head...
45.0%
40.0%
35.0%
30.0%
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%
.�c�0cy0 ���0c00
�o0 3r0�
0
1,009 surveys
4of48
ye
J�0
5
0
Jc
05Q°
o�
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
Q6: Your opinion of the Town's policies
regulating private development...
40.0% 37.6%___
35.0% 33.1 %
30.0%
25.0%
20.0% 15.9% -
15.0%
9.7%
10.0%
5.0% 3.8%
0.0%
Are too Are about Are not Not sure/No No
restrictive right restrictive opinion response
enough
1,009 surveys
Q7: Large single family vacation rental
properties...
0% 20% 40% 60% 80% 100%
no longer issue
Generate noise
Create aesthetic
issues
Are over occupied
Create parking
problems
■Agree O No Opinion ■ Disagree
5 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
60.0%
50.0%
40.0%
30.0%
20.0%
10.0%
0.0%
Q8: Do you feel that vacation rental properties
should be regulated differently than permanently
occupied housing?
Yes No
16.0%
3.0%
Not Sure / No No Response
Opinion
1,009 surveys
Q9: Single-family dwelling size restrictions...
60.0%
50.1 %
50.0%
40.0%
38.2%
30.0%
20.0%
10.0%
4.1% -
5.2% —
0.0%
e - -
-
Are too Are about right Are not
No Sure/No
restrictive restrictive
Opinion
enough
984responses
6 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
Q 10a: Maintaining low building heights is an
important factor in preserving the character of
Nags Head.
80.0%
70.0%
60.0%
50.0%
40.0% -
30.0% 18.8%
20.0%
10.0%
0.0
��e gee gee ��e l\oc 5�
4�PA Po Q\yaA O\ya� o e�Qoo
COOL oQ-
5��
1,009 surveys
Q 10b&c: Height limits
0% 20% 40% 60% 80% 100%
'he 60-foot height limit
for hotels is...
The 35-fool height limit
for residential and
commercial is...
(Much Too High ■Too High ❑About Poght ❑Too Low ■Much Too La
7 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
Q 11: Nags Head Historic Cottage Row
The Nags Head Historic
'ottage Row is important to the
character of Nags Head and
needs to be preserved.
The Town should develop
regulatory mechanisms to
preserve the character of the
Nags Head Historic Cottage
Row area.
0% 10% 20% 30% 40% 50% 60% 70% 80016 90% 100%
MENNEN
MENEM
■Strongly Agree ■Agree 0Disagree ❑ Strongly Disagree III No Opinion
Q12: Nags Head or Coastal design elements should
apply to the following types of new buildings...
700 661
600
500
400 300
300
200
100 -
0
Commercial Large All
structures Residential structures
structures
IR
None of the
above
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
Q 13: Please rate the appropriateness of the following development types for Nags
Head.
Detached residentia
(single-family t
Attached residentia
(multi -family hi
Small-scale commerd
Me
I
Commercial str
cente
Mixed -use come
Wlage' cN
Downtown' or'urbai
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
structures
)mes)
05211
structures
using)
_ 304 281
it buildings
167
dium-scale
341 213
arge-scale
169 394 308
3 shopping
284 313 Y
s
lerdal with
racter
�7 4 2-
13 69
character
143 1 232 1 297
■Very Appropriate ■Appropriate ❑Neutral ❑Inappropriate ■Very Inappropriate
9 of 48
Town of Nags Head
Draft Citizen Survey Results
Mav 30, 2006
Q 14: Along the Beach Road:
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
I am not in favor of
commercial businesses.
I support retention of existing
business only.
I support retention of existing
businesses and
encouragement of new, small-
ecale commercial businesses.
I support retention of existing
businesses and
encouragement of various
types of commercial
businesses.
0
■Strongly Agree ■Agree ❑Disagree ❑ Strongly Disagree ■No Opinion
10 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
015: Measures to encourage commercial business
on Beach Road
Prohibit residential development on
land currently zoned commercial
Create smaller, commercial nniv
districts as "activity cen
Make zoning more 1
Allow increased commercial E
Allow increased commercial E
in specific locations
Allow outdoor dining for resta
Provide more biking / v
opportunities
Incorporate more comme
multi -family developmE
Provide Town financial incE
Provide parking facilities to al
on -site parking requireme
Conduct a Beach Road develo
study
C
11 of 48
200 400
i6 265
; Me
33
80&
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
COMMUNITY FACILITIES
Q16: Does Nags Head have too much or not
enough of the following?
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Medical
Child Services
Youth Services
Senior Service
Public Transport
Arts / Culture
Affordable Housing
Workforce Housing
Beach Access
Community Centers
P&R Facilities
■ We have too many ■ We have enough ❑ Not needed
❑ We could use some more ■ We need much more ❑ Not sure / No opinion
12 of 48
Town of Nags Head
Draft Citizen Survey Results
Mav 30. 2006
Q17: What Parks & Rec facilities would you prefer be
developed?
0%
spaces/Community rooms
Aquatics (outdoor)
Aquatics (indoor)
Gymnasium
Tennis
Racquetball
Skateboard park
Baseball/softball fields
Paintball area
Children's playground
Basketball
Dog park
20% 40% 60% 80% 100%
11 ■ Very Important ■ Important ❑Slightly Important ❑ Not Important ■ No Opinion
13 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
Q18: I would be willing to pay higher taxes or fees for
expansion of Town recreational facilities...
35.0%
30.0%
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%
A�Po Po O`yaA O`ya0 o Q�c eyQoo
\A � �oQ
6'S
1,009 surveys
TOWN CEMETERY
Q19: Should the Town provide a public
cemetery?
35.0%
30.0%
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%
Pam
c
01 oyQ
y�o�A o \A � �Q
8
1,009 surveys
14 of 48
Town of Nags Head
Draft Citizen Survey Results
' May 30, 2006
15 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
BEACH EROSION / SHORELINE MANAGEMENT
Q21: Shoreline management strategies
0% 20% 40% 60% 80% 100%
Retreat
Retreat w/ Relocation
Assistance
Beach nourishment
Artificial Reefs
Groin fields
■ VeryDesirable ■ Desirable ❑ Neutral ❑ Undesirable ■ Very Undesirable
16 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
Q21c: Desirability of Beach Nourishment
1,009 surveys
No Response
91
Very Undesirable 9.0%
01 a
100% Very Desirable
374
Undesirable 37.1 Yo
ss
9.5%
Neutra
125
12s
12.4%
Desirable
222
22.0%
■Very Desirable
O Desirable
❑ Neutral
❑ Undesirable
® Very Undesirable
❑ No Response
Q21c: Desirability of Beach Nourishment
793 responses other than'Neutral'
Very Undesirable
101
12.7%
Undesirable
ss
12.1 % Very Desirable
374
47.2%
Desira::N
222
2&0%
17 of 48
IN Very Desirable
❑ Desirable
❑ Undesirable
® Very Undesirable
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
Q21c: Desirability of Beach Nourishment
940 surveys
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
West of Bypass Between the East of NC 12
Roads
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
West of Bypass Between the East of NC 12
Roads
No Response
Very Undesirable
Undesirable
Neutral
Desirable
Very Desirable
Q21c: Desirability of Beach Nourishment
750 responses other than 'Neutral'
■Very Undesirable
O Undesirable
■ Desirable
■ Very Desirable
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
Q21c: Desirability of Beach Nourishment
978 surveys
■
=m_m
■
Resident Part -Time Non -Resident
Resident
❑ No Response
■ Very Undesirable
❑ Undesirable
❑ Neutral
11 Desirable
❑ Very Desirable
Q21c: Desirability of Beach Nourishment
774 responses other than 'Neutral'
Resident Part -Time Non -Resident
Resident
19 of 48
■ Very Undesirable
❑ Undesirable
■ Desirable
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
Q22: I would be willing to pay higher taxes or fees for...
0%
Retreat
Retreat w/ Relocation
Assistance
Beach nourishment
Artificial Reefs
Groin fields
20% 40% 60% 80% 100%
■ Strongly Agree ■ Agree O Disagree ■ Strongly Disagree ❑ No Opinion
Q22c: I would be willing to pay higher taxes or
fees for Beach nourishment
1,009 surveys
No Response
88 StronglyAgree
No Opinion 8.7% 238
36 a 23.6%
3.6%
Strongly Disagree
231
22.9%
Dlea ree 293
g 93
123 29D%
12.2 %
20 of 48
■ Strongly Agree
■ Agree
O Disagree
■Strongly Disagree
ONo Opinion
❑ No Response
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
Q22c: I would be willing to pay higher taxes or
fees for Beach nourishment
885 reponses other than 'No Opinion'
Strongly Disagree Strongly Agree
231 238
26.1% ® � 26.9%
Disagree
123
7�0
13.9%
Agree
293
33 1 %
4 Ano,
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
■ Strongly Agree
■ Agree
❑ Disagree
■Strongly Disagree
Q22c: I would be willing to pay higher taxes or
fees for beach nourishment
940 surveys
IN
�_
M
� - m
■
IN mmm
MaIIIIIIIIIIIIII
0� ME"
I■ME
M
West of Bypass Between the East of NC 12
Roads
21 of 48
Response
Opinion
mgly Disagree
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
Q22c: I would be willing to pay higher taxes or
fees for beach nourishment
836 responses other than 'No Opinion'
100°k
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
West of Bypass Between the East of NC 12
Roads
■ Strongly Disagree
❑ Disagree
■ Agree
■ Strongly Agree
Q22c:
I would be willing to pay higher taxes or
fees for beach nourishment
978 surveys
100%
37 19 24
90%
15
80%
70%
33
❑ No Response
❑ No Opinion
60%
45
■ Strongly Disagree
50%
❑ Disagree
® Agree
40%
42
■Strongly Agree
30%
20%
10%
0%
Resident Part -Time Non -Resident
Resident
22 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
Q22c: I would be willing to pay higher taxes or
fees for beach nourishment
863 responses other than'No Opinion'
Resident Part -Time Non -Resident
Resident
■ Strongly Disagree
❑ Disagree
® Agree
■ Strongly Agree
Q23: Desirability of various funding options
0% 20% 40% 60% 80% 100%
Local Option Tax
Oceanfront Only
No Local Funds
Special Tax Districts
Town wide Property Tax
Combination: Property /
Special District
■ Most Desirable ■ ❑ ❑ ■ ■ Least Desirable
23 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
5.000
Least
4.500
- 4403
Desirable
4.000
3.944
3.882
3.500
3.158
2�
3.274
3.000
2.500
2000.
1.500
1.000
Most
Desirable
0.500
0.000
Local Option Tax Oceanfront Only No Local Funds Special Tax
Town wide Combination:
Districts
Property Tax Property /
Special District
Most Desired
West of Bypass
Special Tax Districts
Oceanfront Only
Combination: Property /
Special District
Local Option Tax
No Local Funds
Least Desired Town wide Property Tax
24 of 48
Between the Roads
Local Option Tax
Combination: Property /
Special District
Special Tax Districts
Oceanfront Only
Town wide Property Tax
No Local Funds
East of NC 12
Local Option Tax
Town wide Property
Tax
Combination: Property
/ Special District
Special Tax Districts
No Local Funds
Oceanfront Only
Town of Nags Head
Draft Citizen Survey Results
Mav 30. 2006
45.0%
40.0%
35.0%
30.0%
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%
Q24: Should the Town pursue a locally funded
beach nourishment project?
Yes
18.5%
— 6.1
No Not Sure / No No Response
Opinion
1,009 surveys
25 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
Q24 cont'd: If'No', would you support a locally
funded 'emergency' sand replenishment project?
50.0% 46.00/- —
45.0% r_t
40.0% 33.5%
35.0%
30.0% -
25.0% 20.5% -
20.0%
15.0%
10.0%
5.0%
0.0%
"es No Not Sure / No
Opinion
511 responses
Q25: Erosion -threatened residential structures on the
beach create...
0% 20% 40% 60% 80% 100%
Safety Is:
Aesthetic Ise
Increased Ere
Unshed Recrea
Limited Cimulat
■Strongly Agree ■Agree ❑Disagree ❑StronglyDisagree■Agree ❑Disagree ■NoOpinionn
26 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
Q26: Should the Town adopt rules that would
require removal of these structures solely
because of their proximity to the ocean, ...?
80.0%
70.0%
60.0%
50.0%
40.0%
30.0%
20.0%
10.0%
0.0%
80.0%
70.0%
60.0%
50.0%
40.0%
30.0%
20.0%
10.0%
0.0%
67.1%
Yes No Not Sure / No No Response
Opinion
1,009 surveys
Q27: Should the Town consider limitations on
the use of sandbags on the oceanfront?
Yes No
�-
12.6%
L
Eld.7%
_0�
Not Sure / No No Response
Opinion
1,009 surveys
27 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
WATER QUALITY
Q 28: Water quality
0% 20% 40% 60% 80% 100%
he ocean water quality
is...
The estuarine or sound 446 323 d
water quality is...
J
■ Very Good ■ Good ❑ Average
❑ Poor
❑ Very Poor
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
Q 29: What programs should the Town undertake to reduce the
threat of pollution to adjacent waters?
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Improve water quality draining
from ocean outfalls
tequire retention of residential
stormwater adjacent to
receiving waters
uire retention of residential
stormwater town wide
Increase standards for
retention of commercial
stormwater
■Strongly Agree ■Agree ■Disagree ■ Strongly Disagree ❑No Opinion
29 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
Q 30: Would you be willing to pay the higher costs
associated with the following?
0% 20% 40% 60% 80%
Improving water quality
draining from ocean
outfalls
Requiring retention of 36 208 307 215
residential stormwater
Increasing standards for
retention of commercial 206 285 202
stormwater
100%
■Strongly Agree ❑ Agree ❑ Disagree E Strongly Disagree ❑ No Opinion
30 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
OPEN SPACE / NATURAL AREAS
Q 31: Your support for the following open space
preservation purposes:
0% 20% 40% 60% 80% 100%
Provide views
Limit density of
development
Protect
Provide recreation
■ VeryImportant M Important ❑ Slightly Important ❑ Not Important ■ No Opinion
31 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
Q 32: Identify the importance of each location to you
as a designated open space or natural area.
0% 20% 40% 60% 80% 100% '
Along the ocean beaches
Along the shore and
sound
In forested and vegetated
areas
In designated wetlands
Nags Head Woods
284 71 41
344 75 34
394
158
13
410
309
146
59
371
296 137 58 93
OVeryImportant ❑Important ❑ Slightly Important ❑Not Important El No Opinion
32 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
OCEAN BEACH ACCESS:
Q34: We need more:
0% 20% 40% 60% 80% 100%
Large ocean beach accesses with parking and more 278 I- 398 1 125
10
amenities
imall ocean beach accesses without parking that have
fewwer amenities
Lifeguard stands/services
Accesses at dead end streets
Public restrooms
Showers
Bicycle racks
Trash cans
oil,
■ Strongly Agree ■Agree ❑ Disagree ❑ Strongly Disagree ■ No Opinion
33 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
35.0%
30.0%
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%
Q35: The Town should negotiate easements with
private land owners to provide additional access
points with walkways across the dunes.
4.9%
4.0%
cee °e cee gee .°c &
\SPA PA O.yaO ���°' Ole e�Qoo
°c\A
1,009 surveys
Q36: I am willing to pay higher taxes or fees for
ocean beach access areas.
40.0%
35.0%
30.0%
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%
P�2
°i�PAo
o°
6'
24.7%
O\y��e �oe Oed yQo 5e
.c o
m
,A
40
1,009 surveys
34 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
SOUNDSIDE ACCESS & RECREATIONAL OPPORTUNITIES
Q 37: What soundside activities and recreational facilities
should the Town support or enhance?
Nature park with trails
public windsurfing area
Motorized boat access
Non -motorized boat
access
Swimming and wading
areas
Fishing/crabbing
opportunities
Public restrooms
Public shower facilites
0% 20% 40% 60% 80% 100%
I-
m
L_
m
■ VeryImportant ■ Important ■ Slightly Important ■ Not Important ❑ No Opinion
35 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
Q 38: 1 would be willing to pay higher taxes or
fees for...
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
access areas
Soundside recreational
areas
■ Strongly Agree ❑ Agree ❑ Disagree ■ Strongly Disagree ❑ No Opinion
36 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
OFFSHORE FOSSIL FUEL EXPLORATION:
Q 39: Offshore fossil fuel (oil and gas)
exploration and/or extraction.
70.0%
60.0%
50.0%
40.0% —
31.7
30.0%
20.0%
10.0%
0.0%
80.0%
70.0%
60.0%
50.0%
40.0%
30.0%
20.0%
10.0%
0.0%
62.3%
Favor No Response Oppose
1,009 surveys
Q 40: Location of land -based support activities
in Nags Head for off -shore fossil fuel
exploration and/or extraction activites.
Favor No Response Oppose
1,009 surveys
37 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
TRAFFIC & TRANSPORTATION:
Q41: Indicate your interest and level of support for the following potential
transportation recommendations:
0% 20% 40% 60% 80% 100%
Operate seasonal trolley bus routes
along the Beach Road and US 158
from Whalebone Junction to Duck.
Consider forming a regional public
transit authority.
Increase the number and quality of
bicycle and pedestrian facilities
throughout the town.
Limit the number of vehicles that
can be brought to the town (per
rental unit).
Provide public parking facilities.
Provide year -found transportation
for non -driving persons.
qurage rental property owners to
adjust turnover days for more
properties.
0 Strongly Agree 0 Agree 0 Disagree 0 Strongly Disagree 9 No Opinion
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
Q42: Indicate your interest and level of support for the following potential
recommendations specific to US 158:
0% 20% 40% 60% 80% 100%
Widen US 158 to six lanes.
Limit the locations for left turns (to improve through traffic).
Improve traffic signal operation/synchronization.
Build bicycle and ped facilities adjacent to US 158.
Divide the roadway with an unpaved median.
Strictly enforce the current speed limit (50 mph).
Raise the speed limit.
Lower the speed limit.
the number of new driveways and streets entering US
158.
Acquire private land for public raods to provide more
connections bewteen NC 12 to US 158.
Connect the communties onteh west side of US 158 with
roads besides US 158.
Sf
■ Strongly Agree ■Agree ■ Disagree ■ Strongly Disagree ®No Opinion
39 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
Q 43: 1 would be willing to pay higher taxes or fees to/for...
0% 20% 40% 60% 80% 100%
Operate seasonal trolley bus
routes along the Beach Road
and US 158 from Whalebone
Junction to Duck.
Build bicycle and pedestrian
facilities adjacent to US 158.
Build bicycle and pedestrian
acilities throughout the Town
(other than US 158).
Create pedestrian/bike links
between west side
neighborhoods.
Improve safety for school
children who use
bike/pedestrian access to
Nags Head Elem School,...
Improve neighborhood
streets.
0 Strongly Agree ■Agree 0 Disagree ■ Strongly Disagree ® No Opinion
1
1
1
1
1
�1
1
1
1
1
1
1
1
�1
1
1
1
i
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
RECYCLING
Q44: I would like the Town of Nags Head recycling program to
be based upon...
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Curbside pickup of
recyclables
se of recycling drop off
centers
low 0
■Strongly Agree ■Agree ■Disagree ■ Strongly Disagree ❑No Opinion
40.0%
35.0%
30.0%
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%
Q45: Willing to pay higher taxes or fees for curbside
pickup of recyclables.
Strongly Agree Disagree Strongly No Opinion No Response
Agree Disagree
1,009 surveys
41 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
ABOUT YOU AND NAGS HEAD
50.0%
45.0%
40.0%
35.0%
30.0%
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%
40.0%
35.0%
30.0%
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%
Q46: What is your age group
a7 1 0/
18-34 35-49 50-64
1,009 surveys
3.0%
Over 64 No
Response
Q47: What is your residential status in Nags
Head?
36.5%
Year-round Year-round Non-
resident resident resident
renter property property
owner owner
978 responses
42 of 48
Part-time Part-time
resident, resident, not
owner owner
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
Q 48: If you own property in Nags Head, please
describe the property...
100.0%
90.0%
80.0%
70.0%
60.0%
50.0%
40.0%
30.0%
20.0%
10.0%
0.0%
Developed Undeveloped Both
developed /
undeveloped
938responses
0.1%
Time Share
Q49: If you are a non-resident property owner, is
your property a....?
60.0% 55.6%
50.0%
40.8%
40.0% --
30.0
20.0%
10.0% — -
2.2% 1.5%
0.0% — -
Weekly rental Monthly rental Private use Commercial
dwelling business
549responses
43 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
050: Where is your primary residence or where do you stay /
live in Nags Head?
1,009 surveys
0.0% 5.0% 10.0% 15.0% 20.0% 25.0%
On the Causeway
Oceanfront, South of Whalebone Junction
Not Oceanfront, south of Whalebone Junction, east of
S. Old Oregon Inlet Road
South of Whalebone Junction, west of S. Old Oregon
Inlet Road
Oceanfront, east of Beach Road
Oceanside, east of Beach Road
Between the highways - west of Beach Road / east of
Croatan Highway
Waterfront, west of Croatan Highway
Non -waterfront, west of Croatan Highway
No response
.. .:
%
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
45%
40%
35%
30%
25%
20%
15%
10%
5%
0%
30.0%
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%
Q50: Where is your primary residence or where
do you stay / live in Nags Head?
West of 158 / S. Croatan
Highway
Between the Highways
940 responses
East of NC 12 / S. Old Oregon
Inlet
Q51: If you are a resident of Nags Head, how
long have you lived in Nags Head?
22.5% —
o� _
less than 3 3-5 years 6-10 years 11-20 years over 20
years years
387 responses
45 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
30.0%
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%
30.0%
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%
Q52: How long have you lived in your current
residence?
26.0%
18.8%
at_13.9%_
less than 3 3-5 years 6-10 years 11-20 years over 20
years years
404 responses
Q53: How long have you owned
property in Nags Head?
- 28.3%
14.9%
10.8%
less than 3 -5 years 6-10 years 11-20 years over 20
years years
948 responses
L
11
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
Q54: What do you like most about Nags Head?
There were 711 comments received for this question. Comments included the following
broad categories:
• Small town atmosphere.
• Beach atmosphere.
• Natural beauty (Beaches, ocean, sound, weather, wildlife, etc).
• Access to open spaces and facilities (Beaches, sound, Bike paths, NH Woods,
National seashore etc.).
• Traditional "Nags Head" Architecture.
• Limited commercial, esp. offending commercial, presence.
• Limited over -developed resort appearance (Hotels, high-rises, etc.).
• Cleanliness.
• Quiet.
• Town government and services.
• Recreational opportunities (fishing, kayaking, surfing, biking, etc.).
• Restaurants.
• Limited traffic congestion.
• Proximity to commerce.
• Family atmosphere.
• Friendly people.
Q55: What is the single most important change or improvement to suggest
to the Town of Nags Head?
There were 729 comments received for this question. Comments included the following
broad categories:
• Improve drinking water quality.
• Limit offending commercial development (e.g. "Wings" type stores).
• Limit rental home development and size/capacity.
• More recreational opportunities.
• Preserve/promote native vegetation.
• Preserve and promote open space and natural resources (beaches, etc.).
• Restrict hotel development.
• Preserve/Promote small business.
• More restrictive building codes (size, architecture, light pollution, etc).
• Limit growth/development.
• Enforce/improve laws (Speeding, DUI, Reduce speed limit, fireworks, leash
laws).
Affordable housing.
Improve/expand medical facilities.
47 of 48
Town of Nags Head
Draft Citizen Survey Results
May 30, 2006
• Improve beach, sound, boat access
• Underground utilities.
• Pro beach nourishment.
• Anti beach nourishment.
• Expand Bike/ped paths.
• Sewage system.
• Improve transportation/traffic.
• Curbside Recycling.
• Preserve traditional "Nags Head" character.
• Ease restrictions on zoning, building.
• Eliminate beach driving.
• Enforce leash law and feces removal.
• No dogs on beach.
• No sandbags.
• Clear beach of condemned structures.
• Clean/Remove S. NH ditches.
• Handicap beach accesses.
• Town fiscal responsibility (taxes, spending).
• Clean (beaches, roadside, ditches).
• Dog parks.
• Improve stormwater management.
• Increase police force/activity/presence.
• Keep the status quo.
• Family oriented.
• More lifeguards.
Additional Comments:
There were 233 comments received for this question. Comments included the following
broad categories:
• Protect natural resources (beaches, dunes, etc.)
• Reduce speed limits.
• Focus police on more important things than speeders.
• Pro beach nourishment.
• Make fireworks illegal.
• Expand bike/ped paths.
• Improve traffic.
• Curbside recycling.
• Restrict/enforce dog laws.
48 of 48
I
Appendix C — List of Maps
Existing Land Uses
' Area of Environmental concern and Environmentally Fragile Areas
Composite Map of Environmental Conditions
' Special Flood Hazard Areas
Land Suitability Analysis
' Soils and Septic Suitability
Storm Surge Inundation Areas
' Water/Sewer System and Proposed Water System Projects
Wetlands
' Roads
Closed shellfish harvesting areas
' Future Land Use Map
it
c
P
I
Town of
Nags Head
North
Carolina
2006
Land & Water
Use Plan
Existina
Land Uses
s..,:. nr. <owrvwar
I 6 ,rya N Town of
I �r Nags Head
North
Carolina
2006
Land & Water
Use Plan
Areas of
- Environmental
Concern &
- Environmentally
' - Fragile Areas
-
� L
i
.J
rz
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h ".!T_Y' 4iliR�Fltt '�� a-
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ORM
Cl I
6azsW
m ~uAn..wra�... xwo >.ma kreet Centerline
Town of
Nags Head
North
6, Carolina
NO
2006
Land & Water
Use Plan
Special Flood
Hazard Areas
NO
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vlu.r i.
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or
Town of
Nags Head
North
Carolina
2006
Land & Water
Use Plan
Storm Surae
Inundation Areas
e c.wsr.�w.
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Pipe location
.--.-.....•mN.� 1 ° _--�----„�--� and size
n+- �as^•I,w 18
m'
Town of
Nags Head
North
Carolina
2006
Land & Water
Use Plan
:!'elands
,..,
. o...nw.�s�e
IYm.GMru
�ramtlfcw
Ilry mvLL
Nmi C�!ane Pare
.aumimm�uun l9P
Town of
Nags Head
North
Carolina
Land & M
Use P
Roads
�� GeG.nh�w�r
Ia bliii<.
Roea' na+
rvP.GYa Sus Pxie
��J
Town of
Nags Head
North
Carolina
2006
1 & Water
Use Plan
Closed Shellfish
Harvesting Areas
& Surface Water
Classifications
F ...s o�rLgrra.0 hinv+l
AR.eq�.nlSuv
rwr Mrs
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d Ir.un �++W
arroo�c..w R.eo�
.ou c�o�...Swehs
Town of
Nags Head
North
Carolina
Land & Wab
Use Pla
IAppendix D — List of Tables
' Table 1 Key Issue and Concerns from Phase I
Table 2 Population Growth of Nags Head and Dare County
Table 3 Dare County Municipal & Dare County Populations, 1990, 2000 & 2005
Table 4 Estimate of Potential Peak Seasonal Population, 2005
' Table 5 Estimate of Actual and Projected Population
Table 6 Age Characteristics of Nags Head Residents & Dare County
Comparison
Table 7 Hispanic Origin by Race, 2000
' Table 8 Dare County Municipal & Dare County Housing Units, 1990 & 2000
Table 9 Residential Building Permits Issued FY 2001-2005
' Table 10 Travel and Visitor Indicators
Table 11 Nags Head and Dare County Employment by Occupation
Table 12 Nags Head and Dare County Employment by Industry
Table 13 Nags Head Occupancy Receipts
Table 14 2005 Estimated Rental (Visitor) Accommodations
' Table 15 Hotel Demolitions 2000-2006
Table 16 Recent Commercial Developments
' Table 17 Dare County Municipal & Dare County Income Comparisons, 1990 &
2000
' Table 18 Summary of Actual and Projected Population
Table 19 Summary of Projected Seasonal Population
' Table 20 Approximate Number of Dwelling Units at or Near Build -Out
Table 21 Hazard Profile Matrix
' Table 22 Flood Insurance Policies
Table 23 Existing Land Use
' Table 24 Dwelling Unit Comparison
Table 25 Acreage of Improved and Unimproved parcels by Zoning District
Table 26 Potential for New Building Lots
' Table 27 Actual Developed Lot Sizes Per Zoning District
Table 28 Future Land Needs for Residential Development During the Period 2010-2030
' Table 29 Projected Land Use in Development 2010-2030
Table 30 Land Suitability Criteria and Ranking
Table 31 Nags Head and CAMA Management Topics
Table 32 Future Land Use
Table 33 Future Land Use Acreage and Projected Land needs
IAppendix E — Resolutions
' Resolution supporting Senate Bill 599 —Inlet Stabilization Pilot Program
Resolution to Request State Funding for Nags Head emergency Beach Nourishment Project
Resolution supporting Reinstatement of the Upton -Jones Amendment
Resolution No. 08-49-010
HOC meeting April 9, 2008
'0
RESOLUTION
' ;SUPPORTING SENATE BILL 599
INLtT STABILIZATION PILOT PROGRAM
WHEREAS, The Town of Nags Head supports responsible and erwlronmentaily sound shoreline management
' solutions; AND
WHEREAS, The beaches of North Carolina are national treasures and one of North Carolina's most precious
natural resources that provide recreational opportunities for all North Carolina residents and visitors worldwide;
AND
' WHEREAS, The beaches of North Catalina contribute millions of tourism dollars to the State of North Carolina;
the coastal counties and towns of North Carolina depend heavily upon the economic vitality of the beach
communities far tourism revenue and:vitical tax base; AND
WHEREAS, Beach erosion is one of the most serious challenges facing the North Carolina coastline, affecting
millions of dollars of public and private infrastructure and thousands of homes, thereby threatening a vital part
of the State's mastal'eoononry; AND
' WHEREAS, Unstabilked inlets contriWte significantly to the erosion along the beaches of North Carolina; AND
WHEREAS, Inlet management strategies would protect vdIdlife habitat, wetlands, sound and creek
environments'wh. le creating more stable, safer, and beauh'ful beaches; AND
WHEREAS, The State of North Carolina has constructed two terminal groin structures along our coast 4vhich
have proven successful adjacent to tidal inlets without adverse Impacts nationwide; AND
WHEREAS, Senate Bill 599 will allow`for construction of terminal groins as an Inlet management too[ at the
same time ensuring proper consideration of environmental Issues;
' WHEREAS, Senate Bill 599 disasses two (2) pilot projects, the Town of Nags Head strongly supports the
constnxtton of pilot projects for terminal groin structures as well as jetties along the entire coast of Neith
Carolina.
NOW, THEREFORE BE LT RESOLVED, That the Board of Commissioners of the Town of Nags Head does
' hereby support the passage of Senate Bill 599 to protect the shoreUnes of North Carolina and supports the
cor strudlon of terminal groin and jetty pilot projects along the entire mast of North Carolina. The Town
encourages every member of the Hotfse of Representatives to vote In favor of this bill to protect the cost of
North Carolina.
This the 9' day of April, 2008.
ATTEST:
Caro[yn . Morris; T n Clerk
M. Renee Cah on, Mayor I Jzel�
Town of Nags Head
i
Resolution No. 07-03-009
SOC March 7, 2007
ow �e
M. Renee Cahoon
Wayne Gray
Mayor
Commissianer
Anna D. Sadler
1961
~+
�o
Bob Oakes
Mayor Pro Tem
Commissioner
Town of Rags Head
Charlie Cameron
Post office Box 99
Doug Remaley
Town Manager
Nags Head, North Carolina 27959
Commissioner
Telephone 252-441-5508
Fax 252-441-0776
www.twmof aaashead.net
Resolution To Request State Funding
For Nags Head Emergency Beach Nourishment Project
Will WHEREAS, the Dare County Outer Banks attracts five million vacationers annually with research
showing that the beaches are the primary and most favored activity with many of these vacationers
enjoying Nags Head's over 10 miles of beaches and 40 public beach access areas; AND
WHEREAS, the beaches drive tourism and tourism is the major Industry for Dare County and
Nags Head, providing more than 15,000 full-time jobs and an annual payroll of $158 million for Dare and
surrounding counties, and generating state and local tax revenues of approximately $60 million; AND
WHEREAS, the Nags Head tourism industry is threatened by the loss of beaches due to erosion
With some parts of the town experiencing as much as 10 feet per year; AND
WHEREAS, beach erosion from hurricanes and storms has caused over $7.5 million in property
and infrastructure damage within Nags Head over the past five years; AND
WHEREAS, erosion has reduced the width of the beach so necessary for endangered sea turtle,
nesting and the success of other aquatic organisms; AND
WHEREAS, the Town has attempted but been unsuccessful in obtaining a U.S. Army Corps of
Engineers beach nourishment project and, as a result, has proceeded with a local emergency beach
` nourishment project to protect its community and livelihood; AND
WHEREAS, the Town's $32.7 million emergency project entails the dredging and placement of up
to 4.5 million cubic yards of sand on approximately 10 miles of Town shoreline, advancing the shoreline 50
to 150 fleet and thereby hopefully protecting the Town's beaches; AND
tWHEREAS, the project will be financed with $24 million In general obligation bonds (referendum
in April 2007) and a contribution from Dare County, thereby placing a signiflcant burden upon the
taxpayers and residents of the Town; AND
' WHEREAS, the State of North Carolina has supported other communities through water resources
development projects within the Department of Environment and Natural Resources with beach
nourishment; including Carolina Beach, Ocean Island Beach and Topsail Beach.
NOW THEREFORE BE IT RESOLVED that the Nags Head Board of Commissioners respectfully
requests a $3 million beach renourlshment water resources development project grant within the
Department of Environment and Natural Resources' budget to provide much needed funding for the
Town's locally funded emergency beach renourishment project,
FURTHERMORE that a copy of this RESOLUTION be forwarded to President Pro Tempore Marc
Basnight, Representative Timothy Spear and Department of Ennrronment and Natural Resources Secretary
Wiiliam Ross, requesting that they take all necessary and appropriate actions to fund this much needed
assistance in the current session of the General Assembly.
l
c,
ATTEST:
Carolyn F. Moms, Town Clerk
M. Ren6e Cahoon, Mayor
Town of Nags Head
Resolution No. 08-03-006
130C Meeting March 5, 2008
RESOLUTION
SUPPORTING THE REINSTATEMENT OF THE UPTON-30NES AMENDMENT
WHEREAS, the National Flood Insurance Act was adopted in 1968 which established
the National Flood Insurance Program with the purpose of providing affordable
insurance coverage and reducing future flood losses; AND
WHEREAS, -the amendment to the National Flood Insurance Act, known as the Upton -
Jones Amendment, was adopted In 1988 and modified the National Flood Insurance .
Program (NFIP) to no longer require a homeowner to wait for destruction of their
home by erosion but allow a homeowner to present claims and be recompensed
beforehand if occurrence of damage was imminent; AND
WHEREAS, fewer -than -expected homeowners made use of the benefits of the Upton -
Jones Amendment program and the amendment was repeated on September 23,
1994, AND
WHEREAS, as more'structures become imminently threatened with destruction and
the public beaches become littered with condemned structures, readoption of the
Upton -Jones Amendment is desperately needed to provide property owners the ability ,
to demolish or relocate their ocean/waterside properties prior to collapse and to
{ maintain useable and accessible public beaches.
NOW, THEREFORE BE IT RESOLVED, that the Board of Commissioners of the Town
of Nags Head does hereby request that the Congress of the United States readopt the
Upton Jones Amendment to the National Flood Insurance.Act and requests the support
and assistance of North Carolina's congressional delegation to that end.
This the 5th day of March 2008.
M. Rende Cahoon, Mayor
Town of Nags Head
ATTEST:
Carolyn F. Morris, Town Clerk
Appendix F- Charts
tChart 1 Distribution of acreages
Chart 2 Future Land Use Plan Compatibility Matrix
' Chart 3 Future Land Use policies and zoning district compatibility matrix
Chart 4 Management Topics Matrix
Chart 1
Distribution of acreages chain
Exlsiting Land Use Classifications
Single family residential
Multi -family
Hotel/Motel/cottage Court
Commercial
Multple-Use 26
Govemment 15
Institutional/Religiou
Warehouse 3
ParWOpen Space public
Recreation-
Cemetery 1
Secondary
Undeveloped
1601 ac
85 ac
41 ac
305 ac
ac
ac
s 51 ac
ec
1052 so
private 340 ec
ac
Improvements 17 ac
300 ac
Washout 8 ad
Total 3845 ec
Future Land Use
Single family residential
1 a35 ac
1601
199
1800
Multi -family
85 ac
85
85
Hotel/Motel/cottage
Court
41 ec
41
41
Commercial
405 ac
1
305
1
100
405
Multiple -Use
26 ac
26
26
Government
15 ac
15
15
Institutional/Religlous
51 ec
51
51
Warehouse 3 ac
3
3
Park/Open Space public
1052 ac
1052
1052
Recreation -private
340 ec
340
340
Cemetery
1 ac
1
1
Secondary
Improvements
17 ac
17
17
Undeveloped
i so
1
1
Washout
Bac
Total
3845 ac
1601
85
41
305
26
15
51
3
1052
340
1
17
300
8
3845
Chart 2
Future Land Use compatibility matrix
Zoning districts
R1
R2
R3
SPD-20
SED-80
SPD-C
CR
C2
C3
C4
minimum lot size
20,000 sf
20,000 sf
15,000 sf
20,000 sf
80,000 sf
15,000 sf
15,000 sf
25,000 sf
15,000 sf
Maximum lot
coverage
33%
33%
33%
33%
15%
33%
40%
55%
30-45%
40%
Maximum
building height
35'-42'
35'-42'
35'-42'
35'-42'
35'-42'
35'-42'
35'-42'
35'-42'
35'-42'
35'-42'
Land Use
desigantions
Density per acrre
Single Family
Residential
2/1
*
\
\
Multi -family
2/1
\
*
*
\
>
\
\
\
Hotel/Motel/
Cottage court
1611
\
\
\
\
\
Commercial
3/1
\
\
\
\
\
Multiple -Use
3/1
\
\
*
\
\
\
Government
3/1
\
\
\
\
\
Institutional/
religious
1/1
\
\
\
\
Warehouse
3/1
\
\
\
\
\
\
\
\
*
\
Park/Open space
-Public
0
Park/Open space
-Private
0
Cemetery
0
\
\
\
\
>
\
\
*
*
\
secondary
improvements
0
\
\
\
\
\
>
Undeveloped
0
\
\
\
\
\
\
\
\
\
\
Washout
0
\
\
\
\
\
\
\
\
\
\
* generally
consistent
> conditionally
consistent
X inconsistent
\ not applicable
As evidenced by the table above, the Future Land Use Plan Map and the existing Zoning District regualtions are farily compatible.
Chart 3
Future Land Use polices and zoning district compatibility matrix
Zoning districts
R1
R2
R3
SPD-20
SED-80
SPD-C
CR
C2
C3
C4
The Town will consider amendments to the
subdivision ordinance requiring the installation of
sidewalks and/or multi use paths in areas
identified in the "Nags Head Pedestrian
Transportation System Plan".
The Town will consider applying rules and
regulations in the commercial districts for the
preservation of dunes, topography, and
vegetation.
The Town will not permit or allow the land based
commercial rental of personal watercraft for use in
the Atlantic Ocean.
The Town will develop an incentive program
designed to help ensure that replacement housing
will be in keeping with the "Nags Head image" or
venacular. The Twon will continue to enforce and
amend, as needed, Section 48-370 of the zoning
ordinance.
The Town's current development requirements
allow for hotels and motels to be built on the
oceanfront. The Town shall not approve any
amendment which would allow for a greater
density of units, greater height of buildings or
allowing these structures in oceanfront districts
where they are not allowed now. (R-1, R-2 and
SPD-C).
"
The Town will resist the withdrawal of existing
unimproved streets unless it can be shown that
such a withdrawal is in the public good.
The Town shall consider impervious surface
limits, vegetate riparian buffers, natural areas and
natural buffers in the event that non -point sources
of pollution are discovered.
* generally consistent
> conditionally consistent
X inconsistent
\ not applicable
As evidenced by the table above, the Future Land Use polcies and the existing Zoning District regualtions are fairly compatible.
Chart 4
Management Tonics Matrix
Management
Public Access
Land Use Capability
Infrastructure Carrying
Natural Hazards
Water Quality
Local Areas of Concern
Topics
capacity
Acquire oceanfront
The Town will identify
The Town will not
The Town may acquire
The Town shall review the
The town will investigate the
property and open
important areas to be
amend the zoning
oceanfront property
adequacy and amend, as
feasibility for an architectural
space when the
acquired as open space and
ordinance or any
when the opportunity
needed the 2006
incentive program.
opportunity arises.
shall request funds for
development
arises.
Stormwater Management
acquisition of these areas
regulation which
Plan. The Stormwater
The Town will consider an
Apply for grants for
through the budget, CIP, and
would result in either
The Town shall actively
Management Plan has
incentive program rewarding
ocean and sound
grant process.
increased density
lobby the State for a
been implemented and
those developers, which set
access sites.
(units/acre) or
state policy and strategy
individual projects will be
aside additional open space in
The Town's current
increased intensity of
on h nourishment beach
initiated as funds are
perpetuity.
Review and update
the Nags Head
development requirements
these homes.
d beach an
renourishment.
available.
The Town will continue to work
Pedestrian
allow for hotels and motels to
The Town will
The town shall apply for
with residents within the district
Transportation
be built on the oceanfront.
The Town shall not approve
consider developing
The Town will seek
grant funds for projects that
to establish a historic district.
System Plan
any amendment which would
regulations, which
funding from local and
regional sources to
are designed to improve or
The Town will continue to
Identify
allow for a greater density of
ty
addresses multiple
assist with the local
prevent further degradation
amend the zoning ordinance by
recreational sites
units, greater height of
curb cuts onto Town
match for local state
of water quality of our
adopting provisions designed to
p g p g
where sidewalks
buildings or allowing these
streets.
and regionally funded
ocean and sound system.
protect the uniqueness of
p q
would facilitate
structures in oceanfront
The Town will work
beach nourishment
The Town will fund or assist
homes on the National Register
pedestrian traffic to
districts where they are not
with NCDOT to
projects.
in funding a water quality-
of Historic Places.
these recreational
allowed now. (R-1, R-2 and
request changes to
testing program.
facilities and submit
SPD-C)
the Plan which reflect
The Town will consider
funding requests
the current road and
amendments to our
The Town will investigate
through the budget
traffic conditions
Flood Ordinance which
the feasibility of land
and CIP process.
within the Town.
addresses freeboard and
disposal and storm water
other flood mitigative
retention in lieu of outfalls
The wet sand
The Town will
measures recognized by
and may seek funds and
beach and the dry
encourage
FEMA and the CRS
grants or lobby NCDOT
sand beach east of
interconnectivity
program to reduce flood
where the feasibility exists
the first line of
between adjacent
losses.
for land application of
vegetation
commercial sites to
stormwater.
represents public
avoid traffic on US
land available for
158 and NC 12.
public access and
the Town will
actively oppose any
action to restrict
public access to
and across the
ocean beach.
Public Access
beneficial
beneficial
neutral
beneficial
neutral
beneficial
Land Use
beneficial
beneficial
beneficial
beneficial
beneficial
beneficial
Capability
Infrastructure
neutral
neutral
neutral
neutral
beneficial
neutral
Carrying
Capacity
Natural Hazards
neutral
beneficial
beneficial
beneficial
beneficial
beneficial
Water Quality
beneficial
beneficial
neutral
neutral
beneficial
beneficial
Local Areas of
neutral
neutral
beneficial
neutral
neutral
beneficial
Concern