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HomeMy WebLinkAboutCoastal Area Management Act Land Use Plan Final Draft-1981 i CONTENTS 1.0 Introduction . . . . . . . . . . . . . . . . . . . . . . 1 1.1 Institutional Framework . . . . . . . . . . . . 1 1.2 Purpose and Methodology . . . . . . . . . . . . . . 6- 2.0 Data Collection and Analysis . . . . . . . . . . . . . 8 2.1 Present Conditions . . . . . . . . . . . . . . . 8 2.2 Constraints - Land Suitability . . . . . . . . . 12 2.3 Constraints - Capacity of Community Facilities . . . . . . . . . . . 14 2.4 Estimated Demand . . . . . . . . . . . . . . . 15 3.0 Policies . . . . . . . . . . . . . . . . . . . . . . . . 17 3.1 Natural Resource Policies . . . . . . . . . . . . . 17 3.2 Community Development Policies 18 4.0 Land Classification . . . . . . . . . . . . . . . . . 26 4.1 Purpose•of Land Classes . . . . . . . . . . 26 4.2 Uses Within Land Classes . . . . . . . . . . . . . 26 y r 1.0 INTRODUCTION The term "land use planning" is being used with increasing frequency by government officials, news media and the general public --almost always with different meanings and in different contexts. Almost all agree that "good" land use planning is necessary and desirable, but there is rarely a consensus on what "good" land use planning is or how to achieve it. Thus, each attempt at land use planning must recognize and account for the legal and political sphere in which it will operate and establish its own definitions, purpose and methodology consistent with those legal and political constraints. With hard work, professional guidance, and some luck, a process will evolve, codified in a written land use plan, that the majority of the affected public will agree is "good" land use planning. The following sections of this Introduction define the legal and political framework in which the Navassa Land Use Plan is prepared; establish its purpose, methodology and working definitions; and.describe the plan's organization for the remaining sections. 1.1 INSTITUTIONAL FRAMEWORK - As land use planning has increased in respectability, it has been recognized as a legitimate and essential function and responsibility of all governmental levels --local, regional, state and federal. This.recognition has resulted in a rapidly evolving set of plans, laws and regulations --many of which are duplicative --that local governments must contend with in their land use planning efforts. Inadequate attention to any particular law or regulation may require costly and time consuming revisions and amendments. The following subsections describe the laws, regulations and policies applicable to the Navassa Land Use Plan and how they will be accounted for in the Plan. Need for Land Use Planning and the Institutional Response - Although many different groups have divergent opinions about the direction and 2 usefulness of land use planning, there is one common denominator to these different perspectives. This is the interface between growth and finite resources-rthe need to come to terms with environmental overloads, energy crises, and other resource shortages that may adversely affect the economy and well-being of all citizens. Nowhere is the competition and inevitable conflict between competing demands more evident than in the coastal area. On the coast, the needs of energy companies, sport and commercial fishermen, second home developments, large and small farmers, timber interests, and pleasure seekers all clash for finite and limited landand water resources. In an attempt to lay down some ground rules and, hopefully, to introduce some order, both the U.S. Congress and the N.C. General Assembly responded with legislation and funds. The Federal Coastal Zone Management Act of 1972 -. Although North Carolina was well into the development of its own coastal management program, much of the eventual shape and source of funds was provided by the Federal Act. This Act is voluntary and, while State participation is encouraged and rewarded with financial support, no penalties are invoked for nonparticipation. In summary, the major objective of the Act is to encourage states to exercise effectively their responsibilities in the coastal zone by developing management programs that will guide the -2r public and private use of land. The Act directs that state programs be carried out in two phases: (1) development of the management program, and (2) actual management in the sense of operational and administrative ' procedures. The Department of Commerce through its National Oceanic and Atmospheric Administration (NOAA) administers the Act. Within NOAA, the Office of Coastal Zone Management has first line responsibility for administrative duties. Although North Carolina's coastal management program has made the transition from the development stage to the manage- ment phase, its effectiveness and shape is yet to be determined. The North Carolina Coastal Area Management Act of 1974 - North Carolina, as a state that elected to participate in the Federal act, began its coastal program when the General Assembly passed the much -debated Coastal Area Management Act (CAMA) of 1974. After being amended more than any other act in the history of the General Assembly, CAMA took effect on July 1, 1974. The North Carolina program has two major phases --planning and implementation. Both phases involve integration.of CAMA with existing State programs and authorities, and also with the requirements of the Federal Coastal Zone Management Act. Although closelyrelated, there are two key differences between North Carolina's CAMA and the Federal act. These are (1) North Carolina's greater emphasis on local land use planning to deal with coastal problems, and (2) the related issue of boundary size and the impact on coastal waters. Phase I of North Carolina's coastal program is composed of three parts: local land use planning, designation of special management units known as Areas of Environmental Concern, and preparation of the State - 3 - Coastal Plan. Phase II, the implementation phase, has three significant components: the permit program established in Areas of Environmental Concern, the local implementation of the land use plans, and coordination among the various state, regional and federal agencies. How each of these phases is carried out and the organizational structure established to implement them is clarified by the four major parts of the CAMA. Part One, "Organization and Goals," sets out the goals of the act, defines terms, and establishes a Coastal.Resources Commission (CRC) and Coastal Resources Advisory Council. Briefly, the goals of the CAMA are: 1. To provide a management system capable of preserving and managing the natural ecological conditions of the estuarine and barrier dune system and beaches; 2. To insure that the development or preservation of coastal land and waters is consistent with their capability to absorb change; 3. To insure the orderly and balanced use and preservation of coastal resources on behalf of the state and nation; 4. To establish planning policies and guidelines for the use and development of coastal lands and waters. The CRC is composed of 15 members nominated by local governments and appointed by the Governor. The CRC represents the major policy and decision making body for administration of the Act. To furnish technical advice to the CRC, a Coastal Resources Advisory Council is available and is composed of 47 members drawn from various agencies of State and .local government. Thus, both the Commission and the Advisory Council are methods of providing for State -local participation in the Act. Part Two of the Act is entitled "Planning Processes." This part requires that the CRC prepare and adopt guidelines for the preparation of land use plans by local governments. These plans will then serve as criteria for the issuance or denial of development permits within Areas of Environmental Concern. The Town of Navassa Plan is prepared primarily as a response to this requirement. Part Three of the CAMA requires the CRC to designate AEC's and y defines certain categories such as coastal wetlands, sand dunes and beaches that may be included as AEC's. Part Four establishes procedures for permit letting and enforcement. After March 1, 1978, no development will be allowed within an AEC without a permit. Briefly, this part allows local government to assume authority for permit letting in AEC's for "minor developments," but reserves to the CRC the authority for "major developments." The Town of Navassa as Part of the Institutional Framework - Probably the most important mechanism for implementation of CAMA is the local land use plan. Its purpose is to extend to citizens and.local governments the opportunity to balance the authority for planning and regulation of development in the coastal area. The CAMA requires that a land use plan shall "consist of statements of objectives, policies, and standards to be followed in the public and private use of land ." The Coastal Resources Commission interpreted this definition as providing it with wide latitude in further refining the scope and requirements for local land use plans and considerably expanded the definition in The State Guidelines for Local Planning. The governing bodies of each of the 53 cities and counties have prepared and adopted land use plans. All of the plans were required to be consistent with The State Guidelines and include several basic elements: a statement of local land use objectives, - 5 - policies and standards; a summary of data analysis and collection; an existing land use map; a land classification map; and a written descrip- tion of proposed AEC's and appropriate standards for their development. In addition, the land use plans include a section describing public , participation methods and the extent of participation achieved. The basic objective is for each local government to determine its long and short C range development goals which will serve as a firm foundation and practical guide for future planning and development. Since the Town of Navassa was not incorporated as a municipality until March of 1977, all of the area presdhtly within the Town's limits was originally included as part of the Brunswick County Land Use Plan. However, since incorporation, Town officials and citizens have decided that it would be in their best interests to develop a land use plan specifi- cally for the Town. Thus, while the Town enters the planning process out- lined by CAMA at a later date than most local governments, there is a firm commitment from citizens and officials to develop a land use plan that will full comply with the intent and purposes of the CAMA and its guidelines. 1.2 PURPOSE AND METHODOLOGY Purpose - The most important purpose of the Navassa Land Use Plan is to begin a comprehensive planning process that, hopefully, will' become a part of all decisions made by Town officials and citizens. Stated in its simplest form, comprehensive planning is a process of government and its citizens identifying their problems, selecting the best ways to solve them and taking appropriate action to achieve the desired result. A working comprehensive planning process may lead to the a production of many plans, studies and ordinances; and a land use plan is but one of these. The methodology for developing a land use plan as part of this process follows. Methodology - The land use planning process involves six steps, many of which are occurring simultaneously as the land use plan is developed. The first step is identification of issues and problem definition. This is one of the most important steps in the process and involves an inventory and analysis of available data and input from citizens and Town officials. Based on this analysis and public participa- tion, the second step is to establish objectives (goals), policies and standards that will serve as guides for the future type, intensity, loca- tion and timing of land use development. The third step is to develop alternative strategies for reaching these goals and carrying out these policies. From among these alternatives, a selection of the most feasible alternative(s) is made as the fourth step. Fifth, methods for implementa- tion are recommended; and sixth, evaluation of the entire process is necessary so that changes and corrections can be made when required. -7- 2.0 DATA COLLECTION AND ANALYSIS The guidelines require that data on each local government be collected, mapped and analyzed under three major topics: present conditions, constraints, and estimated demand. Because of the size and location of Navassa, some required data analysis is inapplicable. This includes slopes over 12 percent; productive and unique agricultural lands; potentially valuable mineral sites; publicly owned forests, parks, game and fishlands; and privately owned wildlife sanctuaries; and seasonal populations. 2.1 PRESENT CONDITIONS - Because the Town was not incorporated at the time of the 1970 Census, previous data collection efforts were by field survey. In support of a Community Development Block Grant, the Town Planning Board conducted a house -to -house survey of housing conditions in December 1979. In addition, a windshield survey of housing conditions was conducted. The-results'of these surveys and information now available from the preliminary 1980 Census results follow. Population and Economy - The North Carolina Department of Administra- tion estimated that there were 429 persons living in Navassa in 1977 at the time of incorporation. The preliminary census count found 438, a 2 percent increase. These 438 citizens live in 148 houses, for an occupancy • ratio of 2.90 persons per household. Of these 148 houses, approximately 32% are overcrowded (1.25 or more persons per room) or lack some or all plumbing facilities (no hot or cold water, inside flush toilet, or inside bath or tub). Further, according to the December 1979 survey, 89% of the families are low to moderate income according to Department of Housing and Urban Development standards; therefore, the financial ability to correct this serious lack of decent housing is limited. A windshield survey of exterior structural conditions indicates that 12% are in sound condition (needing little or no repair, other than normal maintenance), 66% are deteriorated (moderate to substantial deferred maintenance, but rehabilitation financially feasible), and 22% are dilapidated (financial feasibility of rehabilitating to standard condition doubtful). Because of the lack of data, no age, race or sex characteristics exist; however, the Town's population is almost entirely black. _ Several major industries are located in Navassa, providing it with an exceptional tax base for a town its size. United States Steel operates an Agri -Chem plant that manufactures various forms of fertilizer, primarily potash and phosphate. Borden's subsidiary, Smith -Douglas, operates a similar plant less than a mile away. The remaining industries are Infinger Trucking, a terminal for tanker trucks; Bolivia Lumber,.a sawmill; and the Seaboard Coast Line's Davis switchyard. Together, these companies provide a tax base of $9.5 million, as well as employment opportunities for Navassa's citizens. Existing Land Use - The existing land use survey has several pur- poses. One, it provides a base for future comparisons of land use changes; two, it graphically illustrates land use patterns and helps to identify possible land use conflicts; and finally, it analyzes the amount of land used for a particular land use activity, thus providing a base for pro- jection of future land needs for estimated population growth. Because no land use planning has been done before in the Town of Navassa, this survey can make no comparisons. The information was collected from a windshield survey and from aerial photographs. EXISTING LAND USE ANALYSIS Acres Percent of Total Residential 37 .02 Industrial 171 .11 Marsh 25 .05 Institutional 10 .006 Undeveloped 1,310 .82 TOTALS 1,553 1.00 As the above table indicates, the majority of the Town (82%) is in an undeveloped category, while the next largest land use is industrial (11%). The residential sector occupies only a small percentage of total land use (2%). The implication of these,percentages, given current zoning, is that the Town may experience considerable industrial growth in the future if favorable economic conditions develop. This growth would occur north of SR 1432 and east of SR 1436 as indicated on the Town's land classification and zoning maps. In the areas planned for residential growth, most future development will occur in the westernmost section of Town in a new subdivision known as Klarbane Farms. Additional, but scattered, residential housing will be built on individual lots throughout the residentially zoned areas. At present, demand for lots and houses in the area has been slow and no building boom, with resulting demand for services, is anticipated. To prevent potential conflicts between new industrial uses and resi- dences, the Town zoning ordinance includes stringent site location and performance standards. - 10 - No major problems have been caused by past unplanned development, although this has resulted more from the lack of development than from prior planning. A possible future problem may result from energy related facilities, such as coal exporting facilities. Current Plans, Policies and Regulations - Several plans or ordinances with significance for future land use have been prepared for the Town. These are summarized below. A listing of relevant state and federal regulations affecting coastal resources is included in the Appendix. The most significant plan with potential long-range impact on the Town is the North Carolina Department of Transportation Thoroughfare Plan, approved by the North Carolina Highway Commission in May of this year. This plan, as a part of the Wilmington "outer loop," will extend a freeway around Wilmington from Shipyard Boulevard in a counter -clockwise direction and connect with U.S. 74-76 in Brunswick County. Of importance to Navassa is the proposed corridor alignment through the area of the Town lying east of SR 1435 and the Brunswick River. Town policies concerning this proposed corridor are discussed under Section 3.0. Navassa Zoning Ordinance - This ordinance divides the Town into three zoning districts and establishes permissible uses, -lot sizes, height of structures and setback requirements; parking standards, industrial per- formance standards and administrative requirements are also included. Mobile Home Park Standards - These standards are included in the zoning ordinance and establish minimum design standards for the develop- ment of mobile home parks. f - 11 - Navassa Subdivision Regulations - These regulations establish mini- mum design standards for residential subdivisions and include requirements for site improvements such as streets, curbs and gutters, drainage, and utilities prior to approval and recordation of any plat. Navassa Community Facilities Plan and Capital Improvements Budget - 1 These two plans provide a survey and analysis of existing and needed community facilities and recommend a program and methods of financing needed improvements. 2.2 CONSTRAINTS - LAND SUITABILITY Hazard Areas - There are two major types of hazard areas in Navassa-- one man-made, and the other natural. The man-made type of hazard area occurs from the operation of all of the industries, with the exception of Bolivia Lumber. Each of these industries has either experienced a chemical or oil spill of some nature in the past or has the potential, because of the nature of the product and its production process, for a spill in the future. These spills inevitably result in the pollution of surface or groundwater resources, or both. The latter poses a particular problem for Navassa's population because of the reliance on wells for a water source. Monitoring and enforcement activities from the Department of Natural Resources and Community Development's Division of Environmental Management helps to reduce this problem but cannot eliminate it, despite the imposition of fines and costs of cleanup. A second type of hazard is the flood hazard area. The Town of Navassa is almost totally surrounded by water --Davis Creek on the north, the Cape Fear and Brunswick Rivers on the south, and Sturgeon Creek on - 12 - the west. Although most of the development in the Town is located on relatively high ground, flooding potential does exist in the contiguous flood plains of these watercourses. Groundwater - Groundwater is withdrawn from wells in Navassa at ` the rate of 100,000 gallons per day, thus constituting a valuable resource. f Hydrologic data indicates that groundwater occurs in two aquifers, the unconfined and the principal. The unconfined aquifer occurs several feet below land surface, is composed of sand, and contains water at atmospheric pressure. It is approximately 5 to 30 feet in thickness and is a satis- factory source of domestic water supply. Under the unconfined aquifer, and separated by low permeability sediments, is the principal aquifer. It generally occurs between'30 and 70 feet below surface and is composed of sand, limestone and sandstone. The water within this aquifer is artesian and of fair quality. Large diameter wells in this aquifer will yield from 65 to 140 gallons per minute. Using proper management techniques, it is expected Navassa could,easily develop a public supply well field to satisfy present and future demand. An estimated 500,000 gallons per mile is avail- able for use; but to improve quality, reduction in total iron and hardness may be desirable. To assure the best possible.quality, the public supply wells should be located away from the Brunswick River and areas of potential pollution from septic tanks or chemical spills. Soils.- The general soil survey conducted by the U.S. Department of Agriculture, Soil Conservation Service, shows four major soil associations in Navassa. The most frequently occurring association, accounting for over 60% of Navassa's soils, is the Leon-Rutlege-Pactolus association. - 13 - The Leon and Rutlege soil types make up 75% of the association and, because of high water table and flood hazards, may have severe limitations for use of dwellings with septic tanks. The remaining 15% is made up of the Pactolus type, which may have moderate limitations for septic tank ' . use. The remaining associations are about equally divided. These are the Rutlege-Muck-Leon association (somewhat poor to very poorly drained, with sandy to sandy loam surfaces and subsoils), the Marsh association (very poorly drained and subject to frequent stream overflow), and the Bibb-Johnston-Lumbee association (poor to very poorly drained soils on first bottoms, in bays and along upland draws subject to flooding). This analysis should make clear that the soils in Navassa are typical of the rest of Brunswick County --poorly drained and subject to high water tables or frequent flooding. Thus, moderate to severe limitations may be present for almost any land use on a particular site. While this possibility does not preclude a particular use, it does require that a careful site investiga- tion be conducted by competent, qualified persons before development begins or commitments are made. 2.3 CONSTRAINTS - CAPACITY OF COMMUNITY FACILITIES - At the present time, the only community facility owned by the Town is a recently completed water system. This system consists of 3 deep wells producing a total of 150 gallons per minute, or 108,000 gallons per day over a 12 hour pumping period; a 10,000 gallon hydropneumatic tank; and approximately 25,000 linear feet of distribution lines. While this system is more than adequate to service existing domestic demand (total capacity is almost twice current utilization), reductions in the HUD grant received to construct the system required the use of a hydropneumatic tank rather than an elevated storage tank. As a result of this requirement, firefighting capability is reduced, - 14 - because of the lack of storage capacity. This reduced storage capacity may also make the Town susceptible to a water shortage in the event of a well malfunction requiring several days to repair. Additional applications for expansion of both the distribution system and the con- struction of an elevated tank have been made; however, until the addi- tional'storage capacity is obtained, no major water users, such as indus- trial users, should be connected to the system. The remaining community facilities used by the Town --roads, parks, schools and cultural facilities --are owned by the State or County govern- ments. The Town has no central sewage disposal facility, but the construc- tion of the water system has greatly reduced the possibility of pollution of wells from septic tank failures. Primary roads are all State maintained, and the projected volumes for the ten year period are well below capacity. Children in Navassa attend Brunswick County elementary, junior and senior high schools, which are within five miles of the Town. The most serious need in Navassa is for a Town Hall, and a Farmers Home Loan Application has been submitted for a construction loan. 2.4 ESTIMATED DEMAND - Due to the small population base of Navassa and the absence of historical population data, future population projections should be used with caution. In projecting populations, it is assumed that the underlying causes of changes in population, such as migration, birth and death rates, will remain constant over the projection period. It is also assumed there will be no significant social or economic developments, such as industrial locations, that would alter past trends. Each•of these assumptions should be considered carefully in the use of the following projections. - 15 - ti r In 1977, at the time of Navassa's incorporation, the North Carolina Department of Administration estimated there were 410 persons in Navassa. The preliminary 1980 Census counted 438 persons, a 2.3% increase per year. At this average annual rate of growth, the 1990 Navassa population would be 540 persons. The impact of this additional 102 persons on Town facilities and available land would be minimal. The water system is presently being used at approximately one half of available capacity and, thus, can easily accomodate the projected increase. All major roads are State maintained and will not be taxed because of the minimal additional traffic volume. Since over 80% of the Town is undeveloped, there is more than sufficient acreage to accomodate the projected increase in residential development. Commercial development will continue to concentrate in the Leland area on old U.S. 74-76. In summary, while Navassa's population will continue to grow at a steady but modest rate over the next ten years, there is no reason to believe that there will be a factor significant enough to greatly expand the population to the point of exceeding the capacity of existing facilities. The most pressing problem at the present time is not the capacity of facilities but the existence of facilities. - 16 - 3.0 POLICIES The guidelines require that each local government identify the major land use issues it will face during the next ten years and adopt policies It which will be used as guides in considering these issues. Policy formula - tion is required in three broad groups --Natural Resources, Community Development,•.and Citizen Participation. Because of the location and physio- graphy of Navassa, several issues and required policies that are important for beach communities do not apply to Navassa. These are policies relating to seasonal populations, sand dunes, ocean shorelines, areas with slopes greater than 12%, beach renourishment, tourism, channel maintenance, and waterfront access. 3.1 NATURAL RESOURCE POLICIES General - To provide a management system, based on ecological con- siderations, that will insure that the development of land and water resources proceeds in a manner consistent with the capability of the land and water to support the proposed development and with the goals of the Coastal Area Management Act. Resource Protection - The major physical constraints to development which exist within the Town relate to soil conditions, groundwater supplies, and flood hazard areas. The extent of these constraints is discussed under Section 2.2, CONSTRAINTS - LAND SUITABILITY. The following policies are adopted by the Town to provide guidelines for avoiding future land use problems which could arise as a result of these constraints. - 17 - Policy - It shall be the policy of the Town, through its zoning ordinance and subdivision regulations,.to maintain densities of future projected growth to levels that will be compatible with the capacity of the ' Town to provide necessary community facilities that will prevent contamina- tion of groundwater supplies. Minimum lot sizes in the zoning ordinance will be large enough to allow on -site sewage disposal systems that will not pollute or off -site water supplies of other users. Policy - It shall be the policy of the Town to discourage any development, residential or commerical, in areas subject to -the 100 year flood by including in the Town zoning ordinance and subdivision regulations the prohibition of the approval of any building permit or subdivision plat without the prior compliance with all Federal Flood Insurance regulations. AEC Policy and Standards - To enact and enforce land use controls and policies and ordinances that will be consistent with the management objectives of those AEC's found within the Town's jurisdiction and with other adopted objectives, policies and standards of the Town. The standards..to be applied in the development and adoption of land use controls, policies and ordinances shall be those of the State Guidelines for Areas of Environmental Concern for those AEC's found within the Town's jurisdiction. All ordinances and regulations adopted by the Town will be consistent with the land use plan and guidelines according to N.C.G.S. 113A-111. 3.2 COMMUNITY DEVELOPMENT POLICIES - At present, the most serious problem facing the Town of Navassa is how to provide its citizens with basic - 18 community facilities and services. Probably the major land use issue that will arise during the next ten years will be from conflicts with the location of additional industries in the area. The potential for pollution of groundwater supplies from chemical spills, increased truck and auto- mobile traffic, air pollution and depletion of groundwater are present. Through land use regulations and strict enforcement of State environ- � mental laws, these conflicts may be minimized. The major issues identified by both the Town Planning Board and its citizens in public participation meetings, in order of priority are: housing conditions, water supplies, street conditions, recreational facilities, and solid waste disposal. The problem is not how to finance expansion for future populations, but how to provide for the existing one. Fiscal and community facility policies are established in the following paragraphs to assure that the provision of community facilities or land use changes do not have a net negative effect on any citizens' standard of living. Since the majority of Navas'sa's population is low to moderate income, the cost of services and facilities may have a significant impact 'on many citizens' income. Fortunately, because of the large industrial base (see sections on population and economy), the Town can impose a low tax rate of $0.15 per $100 of valuation. Thus, while future economic and population growth is inevitable, the long range goal is that future increases should not outstrip the Town's ability to provide services and maintain a tax rate that will not unduly burden low to moderate income families. As more facilities are provided, the Town will become a more attractive place to live and the population will increase. It*is the Town's long range growth goal to assure that this increase ; parallels increases in the tax base and financial capacity, so that no - 19 - citizen experiences a significant loss,in living standards due to increased taxes or assessments. Housing Policies - To establish and implement a program for improve- ment of housing conditions that will provide all citizens with decent housing and a suitable living environment; and, specifically, through the implementation of the following policies, to eliminate all dilapidated housing in the Town within the next five years and all substandard housing within the next ten years. To adopt and provide for the enforcement of all necessary building, electrical, plumbing and other applicable construc- tion codes necessary to assure that all housing constructed, repaired or altered in any way is safe and sanitary. All codes shall be those approved by the North' Carolina State Building Codes Council, and the standards provided therein shall apply. r - To assure that all existing housing meets minimum standards by the adoption and enforcement of a minimum housing ordinance. The minimum housing standards shall be those of the Southern Standard Building•Code and the North Carolina League of Municipalities. - 20 - - To seek out all sources of financial aid to assist those residents that may be displaced or put in severe financial stress by the enforcement of the minimum housing code. A Housing Board will be established as a part of the minimum housing code that will have the responsibility for setting financial assistance standards and variances to homeowners affected by code enforcement. Land Use and Community Facilities Policies - To assure that the location, type, intensity and timing of land development and community facilities is consistent with the capability of the land and the financial capacity of the Town and its citizens. Type and Location of Development - Two major types of development will be encouraged within the Town--comercial-industrial and residential. It shall,be the policy of the Town to separate these two uses to the greatest extent feasible through natural and manmade barriers, such as streams and roads. Types of industrial uses desired shall be those con- sistent with the Town zoning ordinance, such as research, resource, con- version, refineries, and metal manufacturing. Commercial uses to be allowed, only by special permit, are clinics, retail stores, office, motels, and service and wholesale establishments. All commercial and industrial uses will be required to submit detailed site plans; and all industrial uses will be required to comply with strict construction and operation standards. Location of each land use type shall be in accord with the AEC and NATURAL RESOURCE policies and the Town zoning map. - 21 - R Redevelopment - It shall be the policy of the Town to rehabili- tate or replace existing housing stock that is dilapidated or substandard to the greatest extent possible. This shall be accomplished through the application of the stated housing policies and implemented, to the extent available, with housing rehabilitation programs from state and federal programs. Specifically, this shall include applications for HUD Community Development Block Grant funds for housing rehabilitation in small cities. - To adopt and enforce land use controls and community facility policies that will accomodate future projected residential growth and protect existing residences while maintaining and enlarging the Town's industrial base. - To assure the net fiscal and environmental impact of land use changes or provision of community facilities on any citizen does not result in a significant lowering of,his standard of living. - To adopt and enforce a zoning ordinance consistent with the Navassa Land Use Plan. - To adopt and enforce subdivision regulations that will assure that new residential developments will have needed amenities and facilities without subsidy from the Town. The North Carolina Department of Natural Resources and Community Develop- ment Model Subdivision Regulations should be used. - 22 - To adopt and enforce regulations for the design and construction of mobile home parks to insure that mobile home owners have services and facilities comparable to other residential sub- divisions, but without subsidy from the Town. The model mobile home park ordinance from the Institute of Government should be used. To adopt an environmental and fiscal impact ordinance that will provide for the assessment of the net impact, fiscal and environmental, of a proposed land use change on -the standard of living of Town citizens. To provide a central water system that will provide a source of safe sanitary water to all families. To provide garbage pick-up to all houses at least once a week. To provide adequate recreational facilities for all age groups. To improve the non -State street system so that all persons have reasonable access to their homes. All streets shall be improved, constructed and maintained according to N.C. Department of Transportation - Division of Highway Standards. Transportation Policies - The major issue affecting transportation in the Town will be the location of the proposed freeway corridor connecting - 23 - US 74-76 to Wilmington's outer loop. The present location of the corridor is east of existing residential areas and, if maintained in this position, should improve industrial location prospects and transportation for Town i residents. The following policy is therefore adopted. Policy - The existing corridor alignment of the connecting portion of the Wilmington outer loop that passes through Navassa between SR 1435 and the Brunswick River is considered the most appropriate location; however, any significant shift in final alignment should not result in any right-of- way line within one fourth of a mile of any residentially zoned area. Citizen Participation Policies - To .establish and maintain a compre- hensive planning process as part of the Town's decision making that will improve the quality of life for all citizens. - To affirmatively seek out the involvement and participation of all members of the public --without regard to age, creed, sex, race or national origin --in the comprehensive planning process. - To establish a Planning Board and such advisory committees as may be necessary to provide the Town Council with the opinions and views of the public. To provide transportation for the elderly and handicapped to Town Council meetings and public hearings. - To conduct education and information programs for citizens and officials on Town affairs. - 24 - To provide adequate notice of all public meetings or hearings and schedule them at times and locations that will provide the maximum opportunity for participation by all citizens. e To periodically review and revise as necessary all elements and phases of the planning process to insure consistency with citizen opinion and Town objectives and policies. To provide a biennial review of Town objectives, policies and standards and the Future Land Use Map and Recommendations. - To provide five-year updates of all parts of the Land Use Plan in accord with the methods and citizen participation policies established in this plan. - 25 - f 0 4.0 LAND CLASSIFICATION y 4.1 PURPOSE OF LAND CLASSES - The guidelines require that a land classi- fication map be prepared that classifies all land into one of the following categories: developed, transition, rural, conservation, community. However, this system was designed specifically for lend cldssification at the county level and requires some modification for small, mostly undeveloped ones the size of Navassa. For this reason, the Town's future land use is divided into two major categories: residential -service and industrial - commercial. The residential -service area is that area which will be developed primarily for residential purposes and provided with all the basic Town services available under the same policies that other areas receive services. Also included in this area will be institutional uses that serve the community, such as churches, recreation and government functions, and also low intensity commercial uses that are necessary to serve the neighborhood. The industrial -commercial area is intended for industrial and high intensity commercial uses. A third category -- conservation --is intended to protect areas of environmental concern, flood plains and valuable natural resource areas from incompatible development. The future land use map shows the areas encompassed by these proposed future land uses. 4.2 USES WITHIN LAND CLASSES Residential -Service - The purpose of this classification is to establish a district primarily for single family dwellings, including mobile homes and mobile home parks, and certain service, institutional, - 26 public or agricultural uses under such conditions that they do not conflict with the main objective of providing a pleasing living environment for single.family'dwellings. Industrial -Commercial - The purpose of this classification is to establish a district composed primarily of industrial and commercial uses but under such conditions and performance standards that their location, use, design and operation does not impair the purpose or detract from the Residential -Service classification. Conservation - The purpose of this classification is to establish a district where the primary use is for wildlife production, public uses requiring water access, and the preservation of esthetic values. - 27 - TOWN O NORTH I UNDEVELOPED Ct INSTITUTIONAL LISTING OF STATE AND FEDERAL REGULATIONS I. STATE LAWS A. Statutes Directly Regulating Land or Water Resources Use 1 [1. Criminal Provisions] i G.S. 14-128.1 Unauthorized taking, etc., of certain ornamental plants from lands of another........ G.S. 14-129 Taking of wild plants from lands of another.... G.S. 14-129.1 Selling or bartering of Venus Fly Trap........ G.S. 14-130 Trespass on public lands ....................... G.S. 14-131 Trespass on land under option by the Federal Government ............................. G.S. 14-133 Erecting artificial islands and lumps in public waters ................. :............. G.S. 14-134.1 Depositing trash, garbage, etc., on lands of another or in waters of the State .............. [2. General Regulations] G.S. 68-42 et seq. Stock along Outer Banks ........................ G.S. 74-39 et seq. Mining Registration Act of 1969................. C.S. 74-46 et seq. Mining Act of 1971 ............................. G.S. 76-40 Obstruction of Navigable Waters....... ....... G.S. 77-12,13,14 Obstruction in Streams ......................... G.S. 87-81 N.C. Well Construction Act ..................... G.S. 104 B-3 et seq. Protection of Sand Dunes along Outer Banks..... G.S. 143-211.11 Regulation of use of Water Resources........... et seq. C.S. 113-202 Leases of oyster and clam bottoms .............. G.S. 113-24 Protection of Waterfowl food growing in public waters ............................... C.S. 113-229 Permits to dredge or fill in estuarine waters or state-owned lakes .................... C.S. 113-230 Orders to control activities in coastal wetlands ....................................... Chapter 130 Article 13D N.C. Drinking Water Act ................... (Statutes Directly Regulating Land or Water Resources Use, con'd) G.S. 113-378 et seq. Oil and Gas Conservation ........................ G.S. 113A-30 et seq. Natural and Scenic Rivers Act of 1971........... G.S. 113A-50 et seq. Sedimentation Pollution Control Act of 1973•.••• G.S. 113A-100 et seq. Coastal Area•Management ......................... G.S. 130-157 et seq. Water and Sewer Sanitation ...................... G.S. 130-166.22 Ground Absorption Sewage Disposal System Act of 1973..................................... G.S. 130-169.ol Sanitation of shellfish, crustacea, and et seq. scallops ........................................ C.S. 136-141 et seq. Junkyard Control Act ............................ G.S. 139-1 et seq. Soil and Water Conservation Districts.......... G.S. 139-47 Watershed improvement or drainage projects- procedures................4..................... C.S. 143-214.1 Water Quality Standards ......................... G.S. 143-214.2 Prohibited Discharges ........................... G.S. 143-215 Effluent Standards .............................. G.S. 143-215.1 Control of Sources of Water Pollution; permits required....... .......................... G.S. 143-215.51 Floodway Regulation ............................. et seq. G.S. 143-215.63 Water and Air Quality Reporting Act of 1971..... et sec;. G.S. 143-215.77 Oil Pollution Control Act of 1973............... et seq. G.S. 143-215.105 Air Pollution Control............. ............... et seq. C.S. 143-350 et seq. Environmental Management Commission ............. G.S. 143-434 et seq. Pesticide Control ............................... G.S. 156-1 to Drainage of Land ................................ 156-13P.4 B. Statutes Indirectly Regulating Land or Water Resources Use C.S. 90A-20 et seq. Certification of Water Treatment Facility Operators .............................. G.S. 9OA-35 et scq. Certification of Wastewater Treatment Plant Operators....... ....................... C.S. 143-215.7 Effect of Water and Air Resources Statutes on laws applicable ...................... J i (Statutes Indirectly Regulating Land or Water Resources Use, con'd) C.S. 1C4-1 et seq. Acquisition of lands by U.S. for specified purposes authorized................... G.S. 105-227.2 N.C. Differential Tax Laws ...................... et seq. G.S. 113 -29 et seq. Acquisition and control of state forests and parks ....................................... G.S. 113-54 G.S. 113A-1 et seq. G.S. 113A-8-3 et seq. G.S. 121-9 G.S. 130-166.16 et seq. G.S. 136-122 et seq. C.S. 136-126 et seq. G.S. 143-211 et seq. G.S. 146-3 to 15 Duties of Forest Rangers; payment of expenses by state and counties .................. N.C. Environmental Policy of 1971............... N.C. Trails System .............................. Administration of state acquired. historic properties........ ........................... Solid Waste Disposal ............................ Preservation of Scenic Beauty of Areas Along Highways .................................. Outdoor Advertising Control Act ................. Water and Air Resources ................ ....... Disposition of State Lands ...................... C. Land Use Planning or Coordination of Land and Water Resources Use Statutes G.S. 63-30 to 63-37 Model Airport Zoning Act ........................ G.S. 113A-150 Land Policy Act of 1974......................... et seq. G.S. 139-9 et sec. Soil and Water Conservation District - Adoption of Land Use Regulations ................ G.S. 10-215.32 Federal Water Resources Development et see{. Projects ........................................ C.S. 153A-320 Rights of County Governments with respect et seq. Act 18 to Planning and Regulation of Development....... C.S. 160A-36o Cities and Towns - planning and regulation et neq. of development ................................... D. "Enabling Statutes" G.S. 62-0 'dater Gauging, Stations .......................... C.S. 63-h Acquisition of (airport) Sites .................. G-S. 63-55 Airports on Public Waters and Reclaimed Land.... County Commissioners' control of abandoned cemeteries ...................................... ("Enabling Statutes" con'd) G.S. 77-1 Commissioners for Opening and Cleaning Streams ......................................... G.S. 77-11 Public Landings ................................. G.S. 113-3 0 et seq. Use of lands acquired by counties through tax foreclosures as demonstration forests....... G.S. 130-13 0 Power of Sanitation District Boards to Condemn Property ................................ G.S. 130-2C6 Mosquito Control ................................ G.S. 139-38 Watershed Improvement Districts - Power of Eminent Domain ......................... C.S. 139-46 Recreational aspects of watershed improve- ment programs ................................... G.S. 143-215.2 General Powers of EMC - local air pollution control programs ...................... G.S. 143-215.62 Hurricane Flood Protection and Beach Erosion Control Project Revolving Fund.......... G.S. 143-260.6 State Nature and Historic Preserve Act.......... G.S. 162A-1 Water and Sewer System .......................... II. FEDERAL LAWS [A. General Resources Policy and Planning] 42 USC 4321 et se National Environmental Policy Act Pub. L. No. 91-19T of 1969(NEPA).................................. (1970) Housing Act of 1954, "The 7C1 Program'. ............................. Sections 701-03 40 USC 460-62(1970� Amending 40 USC 460- 62 (1964) [B. Solid Wastes] Pub. L. No. 89-272, tit. II, 79 Stat. 997, as amended 42 USC 3251-59 (1970) [C. Coastal Resources] Act of OcL. 27, 1972 16 USCA 11,51-64 (Supp. 1973) Solid Waste Disposal Act of 1965, as amended by the Resource Recovery Act of 1970......................................... Coastal Zone Management Act of 1972............. W • (C. Coastal Resources, con'd) 16 USC 1221-1226 Estuarine Areas Act ............................. (1970) Pub. L. No. 92-532 Marine Protection, Research and Sanctuaries 86 Stat. 1052,33 Act of 1972 (Ocean Dumping Act) ................. USCA 1401-1441 t (Supp 1973) t 16 USC 661-666 Fish and Wildlife Coordination Act .............. (1970) ELR 41801 43 USCA 1331 Act The Outer Continental Shelf Lands ............... of 1953 33 USCA 1501 Deep Water Ports Act of 1974.................... Pub. L. 93-627 33 USCA 1221 Sec. 1, Ports and Waterways Safety Act of 1972.......... Pub. L. 92-340 16 USCA 459 q, et seq. Cape Lookout National Seashore .................. Pub.. L. 89-366,1,80 Stat. 33 16 USCA 459 Cape Hatteras National Seashore Recreational Area ............................................. 43 USCA 1301 et seq. Submerged Land Act of 1953....................... FVPCA 404 33 USCA Permits for Dredged or Fill Material 1344 ("Section 404")................................. [D. Water and Air Resources] 16 USC 1271-87 (1970) Wild and Scenic Rivers Act of 1968.............. .Act of April 3,1970, Water Quality Improvement Act of 1970........... Pub. L. No. 91-224, 84 Stat. 91 Pub. L. No. 92-500, Federal Water Pollution Control Act ............. 33 USCA 1251 et seq. (Supp. 1973) Pub. L. No. 92-500 Federal Water Pollution Control Act (1972), 86 Stat. Amendments of 1972.............................. 816.33 USCA 1251 et seq. 33 USC 407 The Refuse Act .................................. 42 USC 1857, Sec.2, Clean Air Act of 1955, As Amended, 1967......... Pub. L. Title I. 1 t [E. Pesticides] 7USC 135 et seq. Federal Environmental Pesticide Control (1970) as amended, Act of 1972(FEPCA)............................. 1 7 USCA 136 et seq. (Supp. 1973) [F. Historic Sites] 16 USC 470-470m rational Historic Preservation Act of 1966...... (1970), as amended, 16 USCA 470h, 470 M -470n (Supp. 1973) and Pub. L. No. 93- 54, 87 Stat. 139 (1973) [G. Conventions] Part II, Article 2.3, Convention on the Territorial Sea 1958 (Undoc. A/Conf. and the Contiguous Zone..... ......... .... 13/L. 52) Pursuant to UN Con- Convention on the High Seas ..................... ference on the Law of the Sea, Geneva, 1958 Z