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HomeMy WebLinkAboutLand Use Plan-1982 1 11 a I ri THE LAND USE PLAN OF ORIENTAL: 1980-1990 BOARD OF COMMISSIONERS AND PLANNING BOARD Ed Bailey, Mayor John Borden, Dennis Barkley, Brantley Norman Marvin Jennings, Town Administrator WITH TECHNICAL ASSISTANCE FROM: Planning and Design Associates, P.A. 3515 Glenwood Ave. Raleigh, NC 27612 (919)781-9004 Terry W. Alford, President Consultants: Rex H. Todd, MRP, AICP, Project Manager; Michael V. Butts, MUP; David Roesler, Terry Alford, MRP, AIA; Jan Williams, Ranet Roberts. The preparation of this plan was financed in part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Coastal Zone Management, National Oceanic and Atmospheric Administration. The Town of Oriental contributed cash and in -kind services. Adopted: August 3, 1982 LAND USE PLAN OF ORIENTAL: 1980-1990 Table of Contents Section _Page I. Introduction 1 II. Policy Discussion and Statements 5 A. Overview 5 B. Resource Protection 6 C. Resource Production 31 D. Economic and Community Development 39 E. Continuing Public Participation 61 F. Other Specified Issues 63 G. Consistency with Land Use Ordinances & CAMA Improvement 63 Plans and Budgets H. Related Plans, Policies, and Regulations 63 I. Intergovernmental Coordination and Implementation 64 J. Public Participation 64 65 III. Land Classification Map and Policy Relationships IV. Information Base for Policy Discussion 70 A. Establishment of Information Base 71 B. Population and Economy 72 74 C. Existing Land Use Analysis D. Current Plans, Policies, and Regulations 78 E. Constraints: Land Suitability 84 F. Constraints: Capacity of Community Facilities 89 G. Estimated Future Demand 92 V. Appendix 97 1. Areas of Environment Concern (Regulations) 98 2. Letter Authorizing the Plan ill 3. Citizen Survey Questionnaire 112 4. OCM Checklist for Land Use Plans 115 5. Synposis 118 I I 1 LAND USE PLAN OF ORIENTAL 1980-1990 List of Exhibits Page Map of Flood Prone Areas 21 Primary Nursery Areas 24 Existing Land Use Map 43 Land Classification Map 66 Oriental 201 Planning Area 73 Existing Land Use Map 75 n I a IJ II. INTRODUCTION I i� A. Why Plan for Oriental's Future? The Town of Oriental has historically played an important economic role in Pamlico County, first as a lumber mill town, then as a commercial fishing area, and now as a recreational/retirement area. Unlike other areas of the county, it faces particular development pressures because of its attractiveness for second homes, small town atmosphere, and receptivity to a variety of water based and land based activities. As noted in the December 1981 survey of its citizenry, the Town until now has had no clear direction for its future d6velopment. Questions about the location, phasing, intensity, and mix of development uses have gone unattended without a land use plan or a set of ordinances and other mechanisms to manage growth. Depending upon the assumptions upon which population projections are based (and upon the information regarding the intentions of area developers to undertake housing construction in the area and increased demand for slips), Oriental sits at the perverbial crossroads of not whether, but rather through what means to manage its growth over the next 10 years. The purpose of this Land Use Plan is to serve as a guide for orderly and desirable growth in Oriental and its "unofficial planning area."* While it is important that the Citizens of Oriental be protected in advance from the adverse effects of certain types of development, it is absolutely not the intent of this Plan to deny any legally vested development rights currently held by individual land owners. Examples of such rights include all rights granted as a matter of law or substantial change in position (action) on a permit already obtained. The Town Board could decide to consider the mere acquisition of permit as the point of having such rights, but is not required to do so. It - is the obiective of this plan to guide the growth in and around Oriental so that the end result will be a product of orderly planning with all new develop- ment 'fitting in' with the environment. In fact, it is recognized that good development should be encouraged as a means of insuring the economic health of the community. *Oriental currently has no zoning or other form of extraterritoriality allowed by N.C. Statute. However, the Planning Board established an unofficial planning area (pages 43 and 66) for analysis and policy discussion in this advisory document. Until such an area is officially established, the County Land Use Plan should also be consulted for policies, etc. in the "unofficial planning area". B. What is the Ori en tat Land Use Plan? This document, then is the pivotal statement of policy for use by local, state and federal officials in decisions regarding Oriental's development over the next 10 years. Additionally, it is an important piece!in the Land Planning efforts of Pamlico County and an important element in the state's plan for the rational and coordinated management of coastal resources. The Coastal Area Management Act establishes a base for protection of areas of statewide concern within the coastal area. In the Oriental planning area, Public Trust Water, Estaurine Waters and shorelines,and Coastal wetlands (marshes) have been designated for such protection and are addressed specifically in Section II below. The Act also, through its guidelines for land use planning (15 NCAC 7B), sets forth important principles of land use planning which have been emphasized in this document: 1. This plan has environmental protection as a priority in its own right, while at the same time, advocates appropriate economic and community development. 2. This plan is based upon real citizen participation in the planning process, through the Town Board of Commissioners, citizen survey and public meetings. 3. This plan has a strong action orientation. Policies are stated as desired situations toward which the Town Board is willing to work. 4. This plan is a sound basis for continuation of earlier work in Oriental to improve the community for those who live and visit there. S. This plan is designed for continuous improvement as new information becomes available. It is to be updated at least once every five years, and more frequently, if required by the Town Board. F-111 I 11 a Based upon these principles, then, Section II goes directly to the heart of the Plan --policy discussion. Here, a brief description of issues, alternative policies, chosen policies, and implementation statements is presented. Section III features the Land Classification Map which translates these policies into future desired land use patterns and discusses the relationships between the Land Classification Map and the policy statements in Section II. Section IV presents in more detail the information base upon which the policies and Land Classification Map have been developed. The elements of this section are outlined in the Table of Contents. Finally, Section V is an appendix which presents exhibits regarding submission and adoption of the Plan. A synopsis of this Plan is provided on page 118. Before getting into the policy discussion, it is important to review the uses of this document. After all is said and planned, it is only the use of this document which will make it a reality in the Town of Oriental and its planning area. C. What are the Uses of the Land Use Plan? Land use plans which;are prepared by local governments in the coastal area are distributed widely, and have many uses. "Those reviewing and using the plans are local governments, regional councils of government, state and federal permitting agencies and public and private funding and development groups. The discussion of policies, the land classification map and the relationship of the two serve as the basic tools for coordinating policies, standards, regulations and other government activities at the local, state and federal levels. The coordination is described by three applications: 1. The. policy discussion and the land classification map encourage coordination and consistency between local land use policies and the state and federal governments. The local land use plans are the principal policy guides for governmental decisions and activities which affect land uses in the coastal area. 2. The local land use plans provide a framework for budgeting, planning and for the provision and expansion of community facilities such as water and sewer systems, schools and roads. 3. The local land use plans will aid in better, coordination of regulatory policies and decisions by describing the local land use policies and designating specific areas for certain types of activities. I a 4 I 1 I Local Government Uses - Counties and municipalities should use the local land use plans in their day to day decision making and in planning for the future. The land use plans should provide guidance in local policy decisions relating to overall community development. The plans also provide the basis for development regulations and capital facility planning and budgeting. By identifying how the community prefers to grow, land use plans help to assure the best use of tax dollars as public utilities can be extended to areas designated for development necessitating public service. Regional Uses - The regional councils of government or planning and development commissions use the local land use plans as the basis for their regional plans and in their function as regional clearinghouse (A 95) for state and federal funding programs. The local plans indicate to -these regional agencies what types of development the local community feels are important and where the development should take place. State and Federal Government Uses - Local land use plans are used as the major criteria in granting or denial of permits for various developments within the coastal area. State and federal agencies must be sure that their decisions consider the policies and land classifiaction system which are described by the local governments in their plans. The Coastal Area Management Act stipulates that no development permit may be issued if the development is inconsistent with the local land use plans. Similarly, decisions relating to the use of federal or state funds within coastal counties, and towns and projects being undertaken by state and federal agencies themselves must also be consistent with the local plans. State agencies also use the plans in their A-95 review. It is thus vitally important that local governments take the opportunity to be as definitive as possible in developing their policy statements and land classification system to minimize interpretive decisions on the part of state and federal review, permit and funding agencies. 5 Ii. Policy Discussion and Statements A. Overview. "Policy" is most simply defined as an expressed set of adopted statements whid¢h are to be used to guide future decisions. Taken together, and adjusting them for interrelationships, policies constitute a broad development direction.for the -future. The following policies, then, represent desired states or "goals" towards which the Board of Commissioners and the citizens of the Town of Oriental are willing to work. These particular policies were chosen after careful analysis of published data, responses to the citizen survey, analysis of current plans, policies, and programs, and work sessions of the Town Board. From this work, issues were identified, prioritized, and shaped by the Board, and preferred policies were selected. Their work is presented below in the five major categories of policy discussion outlined by the Coastal Resource Commission: resource protection, resource production, economic and community development, citizen participation, and special issues. For each issue, this section presents: a definition of the scope and summary of the importance of the issue in the locality (more detailed information may be found in Section IV). the alternative policies that have been considered for the issue. a description of how the local policy will be implemented. With this understanding, we turn to the first category of issues, Resource Protection. a 6 n B. Resource Protection. iIn the December, 1981 survey of the planning area, more respondents indicated concern for resource protection than any other issue. Eighty-four percent (84%) of the respondents stated that they wanted protection measures to be either moderately (28%) or significantly (56%) encouraged over the next ten years. In accordance with this level of concern, and with the CAMA guidelines for land use planning, the following issues are identified for policy discussion within the resource protection category for the Town of Oriental: Areas of Environmental Concern (Coastal Wetlands, Estuarine Waters and Shoreline, and Public Trust Waters) Constraints to Development (Areas with Soil Limitation, Inadequate Wastewater Treatment, Unsuitable Soils) Specific Local Resource Development Issues (Primary Nursery Areas) Other Hazardous or Fragile Land Areas (Cultural and Historic Resources), �. Excessive Erosion, Man -Made Hazards, Productive Farm Lands Hurricane and Flood Evacuation Needs and Plans 1. Areas of Environmental Concern. The designation and regulation of critical resource areas is one of the major purposes of the Coastal Area Management Act. The 1974 Legislature found that "the coastal area, and in particular the estuaries, are among the most ' biologically productive regions of this state and of the nation," and in recent years the area "has been subjected to increasing pressures which are the result of the often conflicting needs of the society expanding in industrial development, in population, and in the recreational aspirations of its citizens." The Act further states that, "unless these pressures are controlled by coordinated management, the very features of the coast which make it economically, aesthetically, and ecologically rich will be destroyed." Through a subsequent nomination process, interim areas of environmental concern (IAECs) were reviewed by the Coastal Resources Commission and 13 categories of AECs were proposed for final designation. These are explained in detail in 15 NCAC 7H. I 7 Coastal Wetlands in Oriental consist of low tidal and upland marshes which 1 "are subject to regular or occasional flooding by tides, including wind tides..." In fact, every species on the wetlands list (see appendix for 15 NCAC 7H) grow in the Oriental area. These grasses (marshes) support the unique productivity of the estuarine system through entrapping decayed plant material and other nutrients. Without the marsh, the high productivity levels and complex food chains typically found in the estuaries could not be maintained. Such are essential for estuarine dependent species of fish and shell fish and waterfowl and other wildlife feeding and nesting. (See appendix for excerpt from CANA regulations, page 98 .) Currentl;►, protection of the marshes has been achieved through thoughtful I, monitoring of bulk -heading and enforcement of perm;.t authority by the CAMA permit officer. That this level of concern be maintained in the future was expressed in the December questionnaire survey, as 56% of those responding stated that damage to wooded wetlands was either a moderate or serious problem facing the community in the future. Alternative policies considered by the Oriental Town Board toward protecting these areas included: listing specific uses which would be appropriate and inappropriate in each AEC; closely monitoring further development in the AEC's; and the policies presented on page The second type of AEC in the Oriental planning area is public trust waters. As encompassed in Section .0207 of 15 NCAC 7H, public trust waters in Oriental essentially means all navigable waters, that is, all tie waters of the area, namely: Neuse River, Kershaw Creek, Smith Creek, Greens Creek, Whitakers Creek, and Pierce Creek. Such waters are important to the Town, as well as to the CRC, because the public has access rights and use rights of these areas for navigation, recreation and commerce. Additionally, these waters have aesthetic value and are commercially important resources for economic development. (See appendix page 101.) With specific regard to public trust waters, the Town Board discussed alternatives including not developing any additional commercial piers or marinas in the planning areas; taking official action -through Town ordinances toward improving such access since the existing entry point is adequate; and the policies chosen on page 11. 1 t 1 1 The third type of AEC in the Oriental area is estuarine waters, a category which is overlapped by that of "Public Trust Waters" discussed above. Estuarine waters are defined in G.S. 11 3A-113 (b) (2) as "all the water of the Atlantic ocean within the boundary of North Carolina and all the waters of the bays, sounds, rivers, and tributaries thereto seaward of*the dividing line between coastal fishing waters and inland fishing waters, as set forth in an agreement adopted by the Wildlife Resources Commission and the Department of Natural Resources and Community Development filed with the Secretary of State, entitled 'Boundary Lines, North Carolina Commercial Fishing -- Inland Fishing Waters,' revised to March 1, 1965." Estuarine waters are the dominant component and bonding element of the entire estuarine system, integrating aquatic influences from both the land and the sea. Estuaries are among the most productive natural environments of the coastal area which are comprised of estuarine dependent species such as menhaden, flounder, shrimp, crabs, and oysters. These species must spend all or some part of their life cycle within the -estuarine waters to mature and reproduce.' Of the 10 leading species in the commercial catch, all but one are dependent on the estuary. This high productivity associated with the estuary results from its unique circulation patterns caused by tidal energy, fresh water flow, and shallow depth; nutrient trapping mechanisms; and protection to the many organisms. The circulation of estuarine waters transports nutrients, propels plankton, spreads seed stages of fish and shellfish, flushes wastes from animal and plant life, cleanses the system of pollutants, controls salinity, shifts sediments, and mixes the water to create a multitude of habitats. Some important features of the estuary include mud and sand flats, eel grass beds, salt marshes, submerged vegetation flats, clam and oyster beds, and important nursery areas. Secondary benefits include the stimulation of the coastal economy from the spin off operations required to service commercial and sports fisheries, waterfowl hunting, marinas, boatyards, repairs and supplies, processing operations, and tourist related industries. In addition, there is considerable nonmonetary value associated with aesthetics, recreation, and education. Estuarine waters are found in the planning area as follows: Neuse River, below Pitch Kettle, Greens Creek, below a point one mile above -mouth, Smith Creek, below a point one mile above mouth, Whitakers Creek, entire areal Pierce Creek. I 9 Concern for estuarine waters is of particular concern in the Oriental planning area because of intensive use of the waters themselves, the types of wastewater disposal in the area and stormwater run-off. The harbor and Whitaker Creek are used extensively by trawlers and large sailboats, most of which have marine heads. According to the July, 1981 Sanitary Survey by the Shellfish Sanitation Program, N.C. Division of Health Services, there were approximately 205 boats with marine heads found in and around Oriental. On land, all sewage disposal is achieved through the use of privately owned and maintained ground absorption systems, either septic tank systems or eight privies. During the July survey, ten notices of sewage violations were issued for contributing waste to the waters. Categorically, the infractions were from a privy, 7 sources of kitchen and washer wastes, and two faulty septic fields. The report concludes that the two large marinas and the run-off from the creeks and tributaries are the primary sources of high coliform counts in this area. The fresh water run-off associated with heavy rainfall was determined to be one of the major hydrographic factors responsible for the spread of pollution. Other pollution is suspected from the commercial fleet. Currently, protection of the estuarine waters in the Oriental area is enforced and monitored through authority of various governmental agencies. This level of concern should be maintained in the future. The fourth type of AEC in the Oriental planning area is estuarine shoreline. Although characterized as dry land, they are considered a component of the estuarine system because of the close association with the adjacent estuarine waters. Estuarine shorelines are those non -ocean shorelines which are especially vulnerable to erosion, flooding, or other adverse effects of wind and water and are intimately connected to the estuary. This area extends from the mean high water level or normal water level along the estuaries, sounds, bays, and brackish waters as set forth in an agreement adopted by the Wildlife Resources Commission and the Department of Natural Resources and Community Development (described in Regulation .0206 (a) of 15 NCAC 7H) for a distance of 75 feet landward. Development within estuarine shorelines influences the quality of estuarine life and is subject to the damaging processes of shore front erosion and flooding. Policy alternatives considered in dealing with both estuarine waters and estuarine shorelines include; allowing no development in AEC's; attempting to better enforce regulations that the State places upon AEC's; and applying for someone in town to become the local CAMA Permit Officer rather than delegating that responsibility to the County. I 10 Based upon the response to the citizen survey, CAMA regulations and their experience, the Town Board selected the following resource protection policies: Goal: To safeguard and perpetuate the biological, social, economic, and aesthetic value of the coastal wetlands inside the Town of Oriental and its planning area. Objective 1: To permit only those uses in coastal wetlands which are demonstratively consistent with the goal in the following priority: conservation; development activities which require water access and cannot function elsewhere. Implementation Strategy: Given that areas of environmental concern cross the boundaries of all land uses, stress consideration of these AEC protection policies in the development of any future management tools. Incorporate Section .0205 of 15 NCAC 7H into those tools. Additionally, prohibit in wetlands and marshes all uses which, by by their design, destroy the marshes. 1 1 I I 11 Objective 2: To prevent significant increase in the pollution of the Neuse River and all the Creeks in the Oriental area which are public trust waters. implementation Strategies Work with the Office of Coastal Management in Morehead City and with Pamlico County Officials to appoint and train a local CAMA Permit Officer from Oriental. Based on the use standards in Chapter 7H of the CAMA regulations, the Town Board shall monitor all proposals for development which require CAMA permits and submit prepared statements, if appropriate, to the proper CAMA officer. Review all proposed uses including those already normally permitted as outlined in .0207 of subchapter 7H (p. 102 of this document). The unpermitted uses referenced in .0207 shall not be permitted in the area designated in this plan as the "Oriental planning area" nor shall the following: open dumping of waste including wastewater, dumping of trash, or improperly operating motor -driven boats which contribute gas and oil pollution to the public trust waters. Discharge of "wash -down" wastewater or other discharges associated with commercial fish houses shall be allowed unless it, through the reduction of water quality or otherwise degrades the environment "so as to significantly interfere with the public right of navigation or other public trust rights which the public may be found to have in these areas" (15 NCAC 7H, p. 102 of this plan). Consider establishing a local ordinance enforcing the existing requirement (by the Health Department or the Coast Guard) prohibiting dumping as referenced immediately above. This ordinance should also require the installation of a pump -out facility at the expansion of existing marinas or at new marinas. Pump -out facilities may be either fixed or mobile. Assurance of availability of pump -out and treatment (in receiver approved by the Pamlico County Health Department, N.C. Division of Health Services or Division of Environmental Management, or other appropriate authority) is the responsibility of the developer. Develop management tools which will direct further development and/or modification of commercial piers. Any development of commercial piers and marinas should be so zoned only after giving the highest priority to the Goals and Objectives of this plan. Further require that development of marinas and piers be consistent with paragraphs (5) and (6) of 15 NCAC 7H, Section .0208 (pages 106 and 107 in the appendix of this document). I 12 Objective 3: To permit only those uses in estuarine waters which are demonstratively consistent with the goal in the following priority: conservation; development activities which require water access and cannot function elsewhere. Implementation Strategies. Adopt the following lists of Dermitted uses as official Town policy to be used in the granting of CAMA permits. Permitted Uses: access channels structures to prevent erosion navigation channels boat docks marinas piers wharfs mooring pilings Adopt the following list of non -permitted uses: restaurants and other businesses residences, apartments, and trailer parks private roads and highways parking lots Designate estuarine waters as "conservation" on the Land Classification Map and append it to any future management tools so as to use it in deliberations regarding development. Objective 4: To protect the dynamic nature of estuarine shorelines and the values -of the estuarine system from improper development. Irplementation Strategies. Adopt the following list of permitted uses and non -permitted uses as official Town policy to be used in the granting of CAMA permits: Permitted Uses: conservation activities, recreational activities, public and private boat ramps consistent with .0208 of 15 NCAC 7H (p. 102), Conventional residences which cannot be otherwise built outside the 75 foot setback, commercial enterprises connected to uses permitted in estuarine waters (p. 100), other uses consistent with .0209 of 15 NCAC 7H (p. 108) which cannot otherwise be built outside the 75 foot setback. Non -permitted Uses: non -water -based industrial uses commercial enterprises other than those connected to uses permitted in estuarine waters (p. 100), trailer parks, agriculture, commercial forestry. Otherwise abide by the use standards of 15 NCAC 7H (see Appendix, pp. 98-110). 13 Objective 5: To protect all four types of AEC within the area. Implementation Strategies. Request of the Office of Coastal Management, N. C. Department of Natural Resources and Community Development designate a resident of the Town of Oriental as local CAMA Permit Officer to work with the State as outlined below: 1. In instances where it is apparent that a proposed use or structure will fall within an AEC, the local CAMA Permit Officer (LCPO) will contact the Environmental Consultant of the Office of Coastal Management, N. C. Department of Natural Resources and Community Development, Morehead City, N. C. Together, the LCPO and the State's Environmental Consultant will make a preliminary determination, using the AEC information in this plan as to whether the proposed use or structure is located in an AEC. 2. Through site inspection of the LCPO and the Environmental Consultant, the Environmental Consultant shall officially determine whether the proposed use or structure is within an AEC, determine whether the proposal requires a major or minor CAMA permit. 3. Based upon the above findings and others normally resolved in the permitting process, the LCPO may or may not issue a local CAMA Permit. 1 1 t I 2. Constraints to Development. 14 a. Water Quality. Water quality refers to the physical, chemical, biological, and bacteriological characteristics of water. Water quality is determined both by the natural environment and by the activities of man. The State has established a "Tidal Salt Water Classification" system. The three water classes include: 1) Class SA Waters which are suitable for shellfishing and any other usage requiring a lower water quality; 2) Class SB Waters which are best used for bathing and any other usage except shellfishing for7market purposes and; 3) Class SC Waters suitable for fish propagation and fishing and any other usage except bathing or shellfishing for market purposes. Water quality standards have been adopted for each of the above water classes which address acceptable levels of floating solids, sewage waters, ph, dissolved oxygen, toxic wastes, coliform and water temperature. Oriental's streams fall into the SA and SC water classifications. The SC waters include those generally described as all water west of a line drawn between Chadwick and Windmill Points# (to include Green, Kershaw, Smith, Moore's Creeks, Camp Raccoon, and Shop Gut). The balance of Oriental's waterways (i.e. waters along the shores of the Neuse River within the Oriental Unofficial Planning Area, - to include Whittaker, Pierce, Orchard, Bright, 'Pasture and Old House Creeks) are classified as SA waters. The discharge of sanitary wastewater to Class "SA" is prohibited by Environmental Management Commission Regulation 2-79 which states in part: 'No wastewater will be discharged into water classified "SA" for the taking of shellfish for market purposes nor to waters in such close proximity as to adversely affect such waters regardless: of treatment proposed." Preserving the quality of waters at these levels is a concern for the people of the Oriental area as reflected in the December 1981 questionnaire survey. Sixty-nine percent (69%) of those who responded said that pollution of the Neuse River was of concern to them, and 41% of that 69% stated that it was a serious problem in their opinion. Additionally, 29% of respondents were moderately concerned and an additional 22% were seriously concerned about septic tank failures in relation to water quality. Alternative policies considered by the Town Board for preserving the quality of water in the areas' creeks and Neuse River included adopting more stringent local restrictions on boats in the harbor, adopting more stringent local ordinances regarding dumping of human waste into these waters, undertaking "no action" (that is, the residents of Oriental would continue to operate on septic tanks which have a tendency to malfunction due to the high water table and soil characteristics), and implementing selected recommendations in the areas EPA 201 plan (if feasible). *This SC water line is specifically defined as follows: Inside a line beginning at a point on the northwest side of the mouth of Whittaker. Creek and running due s6tith-east•100 yards to a stake in Neuse River, thence running in a southwesterly direction 100 yards from shore to a stake due south of Whorton's Point; thence, in a straight line to flash beacon #6; thence in a straight line to Windmill Point; thence in a northerly direction and following the shore line of Shop Gut, Greens Creek, Kershaw Creek, Smith Creek, Morris Creek, Camp Creek (Oriental Harbor), Raccoon Creek, and the Oriental Seawall to the point of beginning. t 1 1 1 1 1 1 1 t 1 1 1 1 1 1 1 1 1 is Goal: To meet Federal and State Water Quality standards. objective: To reduce pollution of the community's waters. Implementation Strategies. Monitor the enforcement of Environmental Management Commission Regulations 2 - 79 for the treatment and disposal of sewage in the coastal areas of North Carolina which states that "no wastewater will be discharged into water classified as 'SA' for the taking of shellfish for market purposes nor to waters in such close proximity as to adversely affect such waters regardless of treatment proposed." Consider installation of a convential gravity flow collection system.* Consider installing a land application (spray irrigation) wastewater treatment system as selected in the 201 study (VI-3).* *and alternatives. 1 16 Ib. Soils As we discussed in Section IV below, the four major soil types in the Oriental area are poorly suited to development on criteria of high water table, slow perculation rate, severe wetness, limitation for shallow excavations, limitations for construction of local roads and streets and flood proneness. However, they do have positive characteristics of low shrink -swell, reasonable ' depth to bedrock, favorable drainage in elevation is adequate, and briefness of flooding. Detailed soils maps of the area are available in the County Courthouse ::.a). Office of the District Conservationist , USDA Soil Conservation Service or b) Office of the Bay River Soil and Water Conservation District. Regardless of soil type, problem soils are found close to the waters' edge of all the area creeks but particularly in the general areas shown. While, as a rule, there are no septic problems if elevation is adequate, drainage is a critical issue in whether development can be supported in the Oriental Planning Area. This concern was reflected in the December citizens' survey as that 31% of the respondents were moderately and 26% were seriously concerned about drainage of surface waters and/or low lying lands. Alternative policies considerdd by the Board range from designating areas with particularly poor drainage and high water table as "conservation" thereby not allowing their development and thereby reducing the potential of future public health problems; doing nothing' directing improvements like water and sewer away from areas which have poor soils, reserving higher density development for better soils; and requiring alternative on -site wastewater treatment in areas of "potential difficulty" (i.e. after more detailed analysisj.- t I 1 i 11 17 Goal: To direct development with proper consideration of soils. Objective: To permit development in areas of unsuitable soils at a lower density and in such a manner as to minimize detrimental impact to soil resources and to,the development itself. Implementation Strategies Utilize the Pamlico County soil survey to identify areas of soils with limitations for septic tanks located outside of the Town limits. Adopt a local ordinance to require an acceptable treatment system (traditional or acceptable alternative innovative system) to accommodate desirable development, to overcome problems of soil limitations for septic tanks and limitations of lot size. Use the Pamlico County Soil Survey to more specifically identify areas where soils pose severe limitations for foundations. Work with the County Building Inspector regarding these areas so that appropriate construction techniques may be used. Require submission of the preliminary plan for new subdivisions be submitted to the Pamlico County Soil and Water Conservation District for technical assessment, which become part of the Town Council's decision to extend water services. 18 c. Inadequate Wastewater Treatment. As indicated in the foregoing discussion, water quality is closely linked to wastewater treatment. Currently, the residents of the Oriental planning area have lacked the economic capability of providing central collection and treatment facilities and have relied upon an individual septic tank -nitrification field type system for wastewater treatment and disposal. As emphasized in the Oriental 201 study, "continued reliance on individual septic tank systems in this area, with its soil and water table conditions which are typically not suitable for the effective operation of such systems, and is likely to present serious problems. Continued and increasing bacterial contamination of adjacent shellfishing waters will occur unless central collection and treatment facilities are provided, (page VI-19) resulting in a public health hazard." The study continues... The possibility of improving the history of septic tank problems in the (Oriental planning) area by increased operation and maintenance practices (or individual septic tanks) does not exist. Soil and water table conditions simply prohibit the effective use of septic tanks. Direct costs to residents for septic tank pumping services and replacement of nitrification fields, and indirect costs are significant. Additionally, development my be Beverly restricted due to the lack of central collection and treatment facilities; imposing unnecessary costs upon developers. The effective use of conventional septic tank systems is limitdd in heavy clay soils and soils where the water table is within 30" from the surface of the ground. However, research at N.C. State University, Soil Science Department, has demonstrated that "alternative systems" which incorporate low pressure pumps in a mound design may be effective in some type soils that have a high water table. In light of the limitations of the existing method of wastewater collections and treatment and its constraints upon development, the Town Board considered the options outlined in the EPA 201 as well as those presented below: Goal: To adequately handle the wastewater of the Town of Oriental and surrounding area. Objective: To develop a municipal wastewater collection and treatment system for the incorporated area, and to improve the use of septic tanks in the unincorporated area. IM21ementation Strategies: Obtain technical assistance.from.NRCD and from NCSU Soil Science Department regarding "alternative systems". Continue to search for and acquire funds and technical assistance for conventional municipal wastewater collection and treatment systems. 19 d. Areas Subject to Flooding. As shown on the Flood Insurance Map, page 21 , nearly the entire area is prone to flooding. The land is nearly level throughout the area. There are no areas with slopes exceeding or approaching 12%. Elevation averages approximately 7 to 10 feet above mean sea level. Because of the relatively flat topography, much of the upland is poorly drained. Even the well -drained soils become very wet, and during rainy periods water stands on the fields or in the furrows. Bottom lands are nearly all very poorly drained and swampy. They are covered by water much of the time and are very wet, even during prolonged dry weather. Additionally, intense storms yield precipitation at rates that exceed the infiltration capacity of the soils, resulting in runoff to streams. Since the natural topography is inadequate for the removal of storm water, a manmade system becomes the only means _of water removal subsequent to , such storms. Other safeguards include those presented in Table �. TABLE 1 STRATEGIES AND MEASURES FOR FLOOD LOSS REDUCTION Modify Flooding dams and reservoirs levees and walls channel alterations diversions land treatment onsite detention Modify Susceptibility to Flooding floodplain regulations development and redevelopment warning and preparedness floodproofing Modify Impact of Flooding flood insurance relief and recovery 20 Pamlico County is participating in the Federal Flood Program, having adopted ted resolutions to "enact as necessary and maintain in force for those areas 1 having flood or mudslide hazards, adequate land use and control measures with effective enforcement provisions consistent with the criteria set forth in Section 1910 of the National Flood Insurance Program Regulations...", designating the Planning Board with responsibility and authority and means to delineate limits..., provide information for administration..., cooperate with agencies or firms identifying flood plain areas..., and maintain records of elevations of all new or substantially improved structures located in the special flood hazard areas..., and to take other actions necessary to carry out the objectives of the program. Additionally, the Code Enforcement Officer is empowered to require new construction will be undertaken in a manner which will reduce flood damage. Development of adequate policies oriented at reducing erosion and otherwise protecting flood -prone areas, as well as reducing property damage from unplanned development, is hampered in Pamlico County because of the incomplete status of the Federal Flood Program's study. ' Among the approaches in Table 1, alternatives regarding development and redevelopment of flood prone areas included allowing well designed residential and recreational uses in these areas, establishing these areas as conservation j areas, improving the County's activity under the Federal Flood program, disallowing local public assistance for the reconstruction of private structures on designated floodplains, when floods occur, and allowing no public works projects to be constructed in designated floodplains, other than road and some recreational facilities. Goal: To protect areas prone to severe flooding from improper development. Objective: To equip the Town Board to better influence the types of development inside areas which are flood prone. Implementation Strategies: Request that the Federal Insurance Administration contract for a detailed Flood Hazard study to identify specific flood elevations and thereby provide the background information necessary for promoting appropriate low density development in the flood prone areas. Also, if warranted by the study, adopt a "floodplain development ordinance" to regulate location and to strengthen and enforce construction standards, requiring flood -proofing measures, for residential and commercial structures, including docks and piers located on designated flood prone areas. I I . . . .. . .. ...... . ... .1 . .. . ... . . "' `* **'* * " "' , . e,�\\ 21 ::.1 . : *% . E to A: d s. b �. ,:::::: a� 1.. :;� 4- : . �:;. . a se m R! U �' ;. �' d 1 A' a v �.• �, rn �' c :.l :•'• ::::•.:.'.. 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C ;�:: ff ;E• �",. .+.:::—.*:;::':::-:..*. .::.::.....7.-...,. .:.- .,..- L.:-. .:..-.: i - / : b: :.: ,:•: / :.• .......,... ,:.•:. :............::..: :i: C: /.. :.� .I tt I ,. :;e 1 'l. / / s / �. i:!_ .•.... . / f f •� i :,.. 1 �Z ';' ..,.: •/ //' •J/ ..' I •• '/ J / 'y •' 22 3. Specific Local Resource Development Issues: Primary Nursery Areas, Farm Land, and Forest Land. a. Primary Nursery Areas. As defined in the North Carolina Fisheries Regulations for Coastal Waters, 1981 (N.C. Department of Natural Resources and Community Development, Division of Marine Fisheries.) Nursery areas are defined as those areas in which, for reasons such as food, cover, bottom type, salinity, temperature and other factors, young finfish and crustaceans spend the major portion of their initial growing season: 1. Primary nursery areas are those areas in the estuarine system where initial post - larval development takes place. These areas are usually located in the upper- most sections of a system where populations are uniformly very early juveniles. 2. Secondary nursery areas are those areas in the estuarine system where later juvenile development takes place. Populations are usually composed of developing sub -adults of similar size which have migrated from an upstream primary nursery area to the secondary nursery area located in the middle portion of the estuarine system. I 23 Nursery areas are necessary for the early growth and development of virtually all of North Carolina's important seafood species. The primary Nurseries Map, page 24 and the accompanying key, page 24; illustrate and enumerate the descriptive boundaries of primary nurseries in the Oriental planning area. The Town Board, along with the Department of Natural Resources and Community Development, realizes that nursery areas need to be maintained, as much as possible, in their natural state, and the populations within them must be permitted to develop in a normal manner with as little interference from man as possible. Toward that end, the Town Board elected to endorse and support the enforcement of the policies of the Division of Marine Fisheries regarding the protection of primary nursery areas, particularly the following: It shall be unlawful to use or attempt to use any trawl net, or dredge, for -the purpose of taking any marine fishes in any of.the primary nursery areas described in 15 NCAC 3B .1405. .1405 DESCRIPTIVE BOUNDARIES: PRIMARY NURSERY AREAS (g) In the Neuse River Area North Shore 44) Pierce Creek. north of a line beginning at a point on the west shore 15° 02' 32" N — 76' 40' or W: running 083' (M) to a point on the east shore 35' 07 34" N — 76' 40' 00" W; (5) Whittaker Creek, north of a line beginning at a point on the west shore15' 01' 3r N — 7W 41' Ir W; running 095' (M) to a point on the east shore 15' or 3r N — 76' 40' W" W, (6) Oriental: (A) Smith and Morris Creek, north of a line beginning at a point on the west shore35' 0718" N — 76' 42' 24' W: running 096' (M) to a point on the east shore 35' 07 18"N — 76' 4714" W: (B) Tributaryoff Smith Creek west. west of a line beginning at a paint on the north shore .159 02' it N — 76' 42' 19' W: running 186' (M) to a point on the south shore 35' 02' 08' N — 76' 47 I r W. (C) Tributary off Smith Creek. east. east of a line beginning at a point on the south shore 35' 0r Or N — 76' 42' 11' W running 026' (M) to a point on the north shore.W 07 OA" N — 76' 42' Or W; (D) Creek west of Dewey Point. north of a line beginning at a pant on the west shore 3.5' 01' 34' N — 760 47 35' W; running 019' (M) to a point on the west shore 35' 01' 36" N — 76' 47 3r W; (F) Two tributaries on the south shore of Greens Creek. south of a line beginning at a point on the west shore of the western creek:' 01' 24" N — 76' 47 4r W; cunning 110' (M) to a point an the east shore of the eastern creek .15' 01' 19" N — 76' 47 27" W; (F) Greens Creek, west of a line beginning at a point on the north shore 35' 01' 34' N — 76' CT 07' W: running 154' (M) to a point on the south shore 35' 01' 2r N — 7b' 47 5r W; (G) Kershaw Creek. north of a line beginning at a point on the west shore15' 01' 34" N — 76' 43' Or W; running 070' (M) to a pant on the east shore 15' O1' V" N — 76' 47 51" W; (H) Windmill Point, southwest of a line beginning at a point on the northwest shore 35' 01' 09" N — 76" 47 18" W: running 130' (M) to a point on the southeast shore 35' or or N — 76' 42' 13" W. 24 4,s Nelms-� ...• _�• . o �'�.. a►���i• �, bores Corner (C) J : , • N N- Chapel PiscestwIle ••s� C �: Chapel i 1311 is �!' J i •,> •ti V • •=•�'.. •• _._ i \ �! •.. �• Y_= . ,r •,:��0 •��.( Oi •'.��'': �/ to � —•s; I x overhead .� r- ;Oriental •• •..f?� • is Cable.` . ••, C'• .•�'1y , — �0 s • . •.a.%�, w.<,. Jjs• Whittaker Creek - '';�•.��'��,•.�^��� Dewey PtArea Foufae, -,r•; �� . � • � .Platform Light* Chadwick Pit'••Plattorm 00 g ' Piling 4 ` GAS' ���� _ ` ('• �` ! .v �� i 4 ought 'Windmill Point INS1 PRI,'%!A!^.Y ;NURSERY AREAS MAP .` Cooper f' Point MPrimary Nursery Areas �, (I ' \• �1 ;', !/'!' . (Also Pierce Creek .• r �{ *Tot Shown) _ i i j �jv►ienUl 2 (C) Wiggins Point i 1 25 b. Productive Farmland. ' As determined from the Pamlico County Soils Survey, four major soil types in the Oriental area have good agricultural qualities for corn, cabbage, potatoes, and tobacco. Oats, wheat, and soybeans also have respectable ' ybelds on an annual basis. Thus, the agricultural lands may be termed "Productive", in contrast to the more technical term, "prime farm land". Prime Farm Land: is usually defined as flat or gently rolling and susceptible to little or no soil erosion. This is the most energy -efficient acreage, producing the most food, fiber, forage, and oil seed crops with the least fuel, fertilizer, and labor (Joyce Moore, Western Carolina University, August, 1980, in Land Use Update, a North Carolina Land Use Congress, Inc., Raleigh, June 1981). Regardless of terminology, agricultural land is a resource worthy of good management. Alternative policies considered toward such management include adopting the ' land classification map clearly designating "rural" areas so as to protect "productive farm land" and maintaining the status quo. ' Goal: To appropriately preserve productive farm land in a manner which also accommodates the best mix of other uses in the Town limits and inside the designated planning area. Objective: To develop an active strategy for protecting "productive farm land". Implementation Strategies. Adopt the Land Classification Map which can set aside such "productive farm land" as rural -agricultural. Discourage extension of public services (such as water) and ' facilities into productive farmland through A-9S review process and other mechanisms for safeguarding environmental impact. 1 1 1 26 4. other Hazardous or Fragile Land Areas. a. Cultural and Historic Resources. Oriental has seen many phases of development, each having added to its rich history. During the eighteenth century and early nineteenth century, houses were built along the river front. During the early 19001s, Oriental became a lumber mill town, followed by a period in the 1930's when commercial fishing was the main source of income for the Town. Today, Oriental has become a resort and sailing center. In 1971, the Pamlico County Board of Commissioners and the Pamlico County Historical Association, in conjunction with the N.C. Division of Archives and History, prepared Pamlico County Imagery, an Architectural Survey, which inventories and discusses many structures of architectural and historical significance as can reasonably be found in the area. This publication is an important source for identifying those properties in Oriental which are significant and in- planning for their preservation. In fact, there are seventy-nine structures presented with summaries of their significance. As indiciated in that publication and in the files of the North Carolina Division of Archives and History, the Oriental planning area has a rich history which deserves protecting, enhancing and preserving.* While the most visible evidence of the Town's history is embodied in the historic structures of Oriental and vicinity, there is an equally valuable historic resource contained in the archeological sites within the Town limits and planning area. The N.C. Division of Archives and History has recorded seven archeological sites in and around Oriental. There is also a potential for other unrecorded archeological resources in the area. The citizens of Oriental and vicinity place a high value upon the preservation of this historic character, as indicated by the 380 of those surveyed who responded that protection of cultural and historic assets was of moderate or serious concern, and by the commitment of the Pamlico County Historical Association and the Pamlico County Commissioners. Failure to sustain such concern through enforcement and promotion could cost the community and the state valuable and irreplaceable resources. Alternative policies considered with regard to these resources, included upgrading an effort to nominate other properties as historically significant, establishing an historic district and commission, and paying particular attention to unknown archaeological resources in development decisions. *Additional information may be found in Section 106 of the National Historic Preservation Act of 1966, the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CMR Part 800, and in Executive Order 11593, "Protection and Enhancement of the Cultural Environment". 27 Goal: To guide development so that it protects the historic and archaeologic ' known and potentially valuable properties in Oriental and perpetuate its cultural heritage and atmosphere of the community. Objective and Implementation Strategies. ' To bolster protective and restorative efforts among owners of potentially historic properties as a revitalization strategy by 1985. ' Where appropriate, make use of investment tax credits, rapid amortization, and accelerated depreciation benefits to private owners of historic properties. ' Determine state, local, and federal protection mechanisms which are now being utilized and discern which should be incorporated. ' Promote commercial adaptation of historic properties as needed in the areas designated as "transition" and "developed" on the Land ' Classification Map. Upon selection of properties for adaptation or preservation, evaluate its surrounds since archeological sites both known and unknown are often ' found in conjunction with historical structures. objective and Implementation Strategies ' To preserve known and unknown archeological resources in and around Oriental. Develop better coordination between the N.C. Division of Archives and ' History regarding its activities inside the Town limits. Enhance the powers of the Town Board for consideration of unknown archeological resources, particularly on properties cited for ' demolition and excavation. Contact the Department of Cultural Resources for information pertaining ' to State and Federal Mechanisms that pertain to archaeological sites, such as protection legislation and easements. 11 28 b. Man -Made Hazards. ' Man-made hazards in the planning area consist of old cars and other discarded items such as farm equipment, furniture and refrigerators. Old fallen trees present problems of safety and are unsightly. 1 In the December 1980 citizens' survey, 38% of the respondents were moderately, and 17% were seriously concerned with the presence of dilapidated and unsafe buildings. Toward dealing with all these hazards, alternative policies were identified which include leaving the demolition/elimination to the individual property owner, using the Town's ordinance powers where appropriate to speed rectifi- cation of the problem, or allowing the hazards to continue to exist. Goal: To rid the Town of man-made hazards, esepcially old cars and other junk. Objective: To equip the Town to deal with the current structures and to better deal with man-made hazard issues which might accrue in the future. Implementation Strategies Initiate a voluntary program of demolition and hazard removal, under supervision of the Town Board. Assistance should be requested of the N.C. Division of Archives and History for assessment of the historical significance of all properties now designated as dilapidated, or so designated in the future. Every effort to preserve, ' restore, or rehabilitate all dilapidated significant properties should be undertaken by the Town Council. Use the state buildings code regarding the establishment of a county or town ordinance which would equip the Town to put a lien on the property and thereby recover the cost of demolition in order to have the lien removed. Work with the Corps of Engineers, the Pamlico County Health Department and other appropriate agencies to develop policies and/or ordinances to equip the Town to eliminate the hazards and to prevent such occurrences.in the future. Work with the Town Attorney in considering an Abandoned Vehicle Ordinance, whereby vehicles which remain on public right of ways longer than 72 hours may be towed away by the Town at the Owners' expense. . 29 - C. Excessive Erosion. t Excessive erosion has been noted inside the planning area at Blackwell Point and on Greens Creek at Main Sail Subdivision. Fifty-three (53) percent of the respondents tothe citizen's survQy stated that excess erosion was a moderate or serious problem in the area. Data from the North Carolina Shoreline Erosion Inventory (U.S. Department of Agriculture, SCS, Raleigh, North Carolina, October, 1975) is forthcoming which will help document the extent of the problem quantifiably.'`-. Factors contributing to erosion, generally are fetch (the distance over which water reaches into the land mass), exposure, wind tides, soil, bank height, intensity and type of water way use, and land use, with fetch and exposure being the greatest factors. Northeast and southeast exposures are worse, with the worst erosion on exposed banks producing danger of high bank overhang. Alternative policies considered include: more closely monitoring the CAMA enforcement of a 75-foot set back on all shorelines; requiring erosion control measures to be installed for high density development near shorelines; and the encouragement of set back lines by way of restrictive covenants inasmuch as a standard set back line may not be applied equally to all creek shores; and the requirement of erosion control measures wherein densities exceed six family units per acre. Goal: To restrict the increase in the rate of erosion of the shores in the Oriental Planning Area. Objective: To undertake appropriate measures for erosion areas in the planning area. LImplementation Strategies. Apply for technical assistance to conduct a feasibility study or an assessment of available erosion prevention measures to be incorporated into future town ordinances or otherwise developed for application by the Town. Contact the N.C. Department of Natural Resources and Community Development Land Quality personnel for erosion control techniques. Work with the Pamlico County Health Department and the District Soil Conservation Service to institute consideration of erosion rates when septic tank drainfields are located so as to prevent drainfields from Becoming part of eroding areas.. 30 5. Hurricane and Flood Evacuation Needs and Plans. Thb. Town of Oriental participates inthe Pamlico County Hurricane Watch, Warning, and Evacuation Procedure administered by the County Department of Emergency Management. Thus, with an appropriate Hurricane Evacuation Plan already in effect, the Town is well prepared. The Town Board is familiar with this plan and its designation of Fred Anderson Elementary School in Bayboro and the Pamlico Technical College in Grantsboro as shelters. The Town Board supports this plan and pledges its support in the future. The Flood Prone Areas Map, page 21, indicates that the Oriental planning area is largely subject to flooding by storm tides. Thdse areas have a one- in -a -hundred chance on the average of being innundated during any year. Since the same evacuation plan relates to flooding.as for hurricanes, the community is well equipped for evacuation as noted above. 31 C. Resource Production. In accordance with the.CAMA Guidelines for land use planning, the importance of agriculture, commercial forestry, mining, fisheries and recreational resources are presented below, identifying the most productive areas, with discussion of the values of making these areas more productive. Based upon the citizen's survey, available data, and the Town Board work - sessions, the most productive resources are commercial, recreational (retirement, sailing and fishing), potential agricultural production, and potential forestry production. Potential and existing mineral production, and off -the -road vehicles were designated as insignificant in•the planning area and merely discussed. 2. Comraercia2 Fishing. Shortly after the Depression, commercial fishing became the main source of income for Oriental. Fishing and seafood processing have continued as an important part of the area's economy. Today, commercial fishing consists of the taking of crabs, oysters, shrimp and fish in the Pamlico Sound as well as some deep-sea fishing outside of Ocracoke Inlet. Oriental serves as a main fishing port, as reflected by the operation of four seafood processing companies in the community: Garland Fulcher Seafood, Clem's Seafood Co., Tom Thumb, and G$C Fisheries. The-iiatural resources for this commercial base lie both inside and outside the planning area. The Division of Marine Fisheries has designated all waters upstream of a line from Windmill Point to a point on Whittaker Point (including Greens Creek, Kershaw Creek, Smith Creek, Camp Creek, Oriental Harbor, Whittaker Creek, and Pierce Creek) as a "Prohibited Area", because of pollution (Source: Charles Jones, NRCD, June 28, 1982). This means that "no person shall take or attempt to take any oysters or clams or possess, sell, or offer for sale any oysters or clams taken from these waters at any time." Additionally, much of these waters are designated as primary nurseries and SA stream classification, both of which are designed to protect Oriental's contribution to commercial and recreational fishing in North Carolina. Thus, Oriental itself has an important role in "protecting" its waters for long-term production of the estuarine system, rather than "harvesting" of finfish or shellfish within its own planning area. Thus, the Town Board's policies toward protecting commercial fishing resources are found on page 32. Those related to maintaining the "landings" of finfish and shellfish from outside the area at Oriental are presented below. 32 Alternative policies related to promoting the use of natural resources for commercial fishing included working with the county -to obtain funding for channel maintenance so that fishing vessels may have easier passage, establishing land use management tools which stimulate rather.than overly regulate the commercial fishing industry in the area, aiid.working.with the Department of Commerce and the Division of Marine Fisheries to.develop strategies for improving the community as a commercial fishing port. Goal: To enhance the productiveness of commercial fishing resources located in the Neuse River, Pamlico Sound, and beyond with economic benefits to Oriental. objective: To better equip the Town to support commercial fishing activity through land use planning. Implementation Strategies. Support all federal and state programs dealing with management and production of commercial fisheries. Develop local land use management tools which are supportive of appropriate operation of productive commercial fishing concerns. Ei } 't MV 2. Retirement/Recreation. Within the last ten years, Oriental has become a retirement center and week -end recreational center, particularly for those interested in sailing and recreational fishing. Naturally, this is a function of the Neuse River, the Creeks and the harbor which provide easy access to water -based recreation. The extent of this trend is reflected in the comparison of the rise in housing units to the rise in resident population over the last decade. As shown in the Final Population and Housing Unit Counts for the 1980 Census, the number of housing units in Oriental (town) increased 54.7% (from 225 to 348), while the resident population rose only 20.4% (from 445 to 536). The population - per -household rose from 1.5 to 1.97 during this period, indicating that the increase in housing units was due to forces other than undoubling of families already living in a town. (Much of the increase in housing count is attributed, by the Town Board, to persons building summer homes and living elsewhere for major portions of the year. That is, they are "permanent -residents" who come and go rather than traditional seasonal beach cottage types of units. The resources and amenities which make Oriental an attractive area were in the forefront of the minds of the Town -Board as it discussed several directions which the Town may take in the future. Worksessions indicate that one strong choice is that recreational aspects should continue to develop toward week -end rather than week-long activities; that the village atmosphere be protected rather than development of a beach atmosphere; and that the waterways be preserved as safe and clear for purposes of public navigation and recreation so as to provide an even stronger resort environment. i Policies considered toward promoting the retirement/recreational attributes of the Town include undertaking a deliberate but limited strategy to provide land - based recreational facilities (tennis courts, etc.), undertaking an aggressive campaign to attract developers of retirement/recreation development, and establishing land use management tools which promote the appropriate development of this aspect of the Town's character. Goal: To maximize the retirement/recreational resources of the area. Objective: To guide development of retirement/recreational development in a manner which attracts and sustains the type, style, density, and level of retirement/recreational uses desired by the community. Implementation Strategies. Develop performance standards for various types of resort/recreational development with respect to density, style, location, site requirement, traffic generation, noise, lights, public safety, and public health (pollution). Establish the satisfaction of these standards as a requirement for issuance of a building permit by the Pamlico County permit officer. 1 34 1 3. Productive Agricultural Lands. Historically, lumber milling, commercial fishing, and resortism/recreation have overshadowed agriculture's contribution to the local economy inside the Oriental planning area. Worksessions with the Town board disclose that today, corn and soybeans are significant crops in the area, as they are in the remainder of the County (accounting.for $3,873,000 and $780,000 total sales in 1980, respectively). In 1980, Pamlico County was second in the state (behind only Pasquotank) for production of Irish Potatoes, accounting for $1,927,000 in total sales. Other crops of significance in the County are wheat for grain ($814,000); oats for grain ($23,000); and sorghum ($12,000). Pamlico County is economically dependent on the productive agriculture lands within the. County (Pamlico County Land Use Plan, page ) . In its Land Use Plan, the County policy supports the preservation of these lands for agriculture, noting that the limited soils often require the use of agriculture land for growth and development. The County, thus, support limited growth on agricultural lands that will (significantly) improve either the overall housing conditions of the County or the overall economic conditions of the County. The Town Board of Oriental, while realizing the economic priorities toward other sectors of the economy, particularly commercial fishing and resortism/ recreation, wish to maintain the current significance of agricultural resources # the planning area. Thus, policy discussion considered this position, as well as negative and positive implications of agricultural land use. These implications include traffic problems from slow moving machinery, possible erosion, and fertilizer leaching into the river. However, none of the problems are significant in Oriental Agricultural lands, especially those which are cleared, have suitable soils and experience considerable pressure for development other than agricultural, especially in Oriental: resort/ recreational environment. Policies considered for making these areas more productive include those outlined in the resource protection section above, taking a position of non -action, designating agricultural land as "rural" on the Land Classification Map so as to direct extension of services and therefore dense development to other areas and the policies chosen below: �1 11 1 35 Goal: To maintain the current level of agricultural production in the one -mile area. Objective: To maximize the productiveness of agricultural land and to control the location of conversion of agricultural land to residential and other uses. Implementation Strategies Consider the use of restrictive convenants and deed restrictions by private property owners selling prime farm land so that purchasers will be committed to continue using it for peak production. Develop a town utility extension policy based upon distance from Town, percentage of the cost of the extension, or targeted cost/ benefit ratio to discourage leap -frog development and to guide development away from productive agricultural land. f r a t i e 36 4. Commercial Forestry Production: Existing and Potential. Historically, Oriental's third major phase of development was as a lumber mill town. Several mills began operation there during the early 19001s., with as many as five mills located along Camp Creek. The mixed pine and hardwoods which fostered this phase are still significant in Pamlico County. Forestry is the largest land use county -wide, with forest products rising from $36,426 in 1964 and $47,885 in 1969, to $148,000 in 1974. Today, there are a number of large companies who own land in Pamlico County, near the Oriental planning area. These companies own 62,148.19 or 28.7% of the land area in the county. According to the County Land Use Plan, these companies conduct proper forestry activities and provide access to their landholding for hunters and other recreational activities. Thus, the forests are a multiple - valuable resource to the county and to the Oriental planning area. With respect.to this resource, the County supports the preservation of forestry lands and forestry management practices which do not substantially harm the environment. As an exception, the County conditionally supports the clearing of forests provided future use of the land will either' improve the overall housing conditions or overall economic donditions of the area. Currently, there is no large scale commercial forestation occurring in the planning area of the Town of Oriental. The Land Use Map on page shows now wooded areas which may warrant designation for forestry production in future updates of this plan. Meanwhile, the Land Classification Map page 66 includes regards for forestry production through designation in the "rural" area. Alternative policies considered include those addressed under resource protection above, adopting a laissez-faire approach to forestry production, and using municipal power to direct commercial forestry activity into areas best suited for that production. Goal: To maintain the production of commercial forestry around Oriental, wile minimizing its impacts upon surrounding uses. Objective: To develop the potential for commercial forestry only in parts of the Oriental planning area which are not designated for community and economic development and which are not otherwise productive farmland. Implementation Strategies. Support existing state and federal programs for managing forestry resources through cooperation with County officials in directing commercial forestry into productive areas. + Adopt Land Classification Map as policy guide with emphasis on containing commercial forestation. y� 37 5. Existing and Potential Mineral Production. a. Peat. There are three peat deposits located within Pamlico County, specifically, one just northeast of Oriental known as "Light Ground Pocosin", one along the northern county line known as "Gum Swamp -Boy City Pocosin" and. :another along Aff the southern county line in the "Croatan National Forest." ' Of the three sites listed above, mining of the "Light Ground Pocosin" deposit is more likely to have adverse impacts, if any, upon water quality. Drainage into these water areas, resulting from peat mining activities, can affect the quality and salinity levels of these valuable estuarine waters. Spillage or seepage from waterbased transportation of peat would also impact Oriental's estuarine waters. In response to these potential hazards from peat mining activities, the North Carolina Division of Fisheries adopted the following set of policies on May 28, 1981: 1. Fresh water runoff 2. A prohibition should from peat mining should be declared on any peat not be discharged into any mining activity which primary nursery area. If .would mine down to or there is no other below sea level. reasonable discharge other 3. Investigations should than 4 primary - nursery be made into effects of pH .area point• and then changes and nutrient - through already -existing loading on estuaries from outlets only, then water peat mining operations. control devices - (check The Albemarle sound dams, holding. ponds, system may be particularly others) should be utilized sensitive to acid waters to control. the flow and because its buffering sedimentation rate. Con- capacity is less- than that tinuous• salinity monitor- of more saline.areas. ing equipment should be 4. No new • outlets established and maintain- should be allowed into any ed by the mining interests coastal tributary. Existing under the direction of the outlets should be allowed Department of Natural to revert toward natural Resources and Communi• conditions (meanders, ty Development' utilizing vegetation, some the procedures established blockage) in the area under the division of Marine Fisheries fresh nearest the estuarine water intrusion project outlet. (using paired natural and altered tributaries). No discharge should be allow- ed that would significantly alter the existing salinity regime of the receiving area. 1 38 Ib. Phosphate. Major phosphate deposits are located within Pamlico County. A recent State Geologist letter to Pamlico County identifies expected deposits, but this information is based upon limited data. Determinations were made regarding not only where such phosphate deposits. are, but also which sites are most favorable for mining (i.e. least over -burden and greatest thickness). The only significant impact from phosphate mining in Pamlico County was a lowering of the water table. The phosphate mining industry, however, drilled new wells for affected residents. Rules and regulations for phosphate mining have been established by the State and administered through the Land Quality Section of the Land Resource Division of Natural Resources and Community Development. Alternative policies considered regarding peat and phosphate mining included disregarding the issues since most concentrations are relatively far from Oriental and using the Land Classification to eliminate such mining from the area. Goal: To have no adverse impacts in Oriental's primary nursery areas or no adverse impact upon water supply from mining activity. objective: To prohibit such activities in the Oriental Planning Area. Implementation Strategies. Support State efforts in the control of peat and phosphate mining activities in areas outside the planning area. Indicate on the Land Classification Map (and otherwise adopt) that the "rural" category permits all uses permitted by the CAMA regulations for that category except mining. 6. Off -the -Road Vehicles. The Town Board has determined that off -the -road vehicles are not a problem, nor are they likely to have adverse impact on the value of the area's productive resources in the future. I n 39 D. Economic and Community Development. In accordance with the CAMA guidelines for land use planning, the following issues are identified for policy discussion within the economic and community development category: Types of development which the Town of Oriental wants to encourage, particularly regarding redevelopment of older areas and creation of new subdivisions. Policies on types and locations of industries desired; local commitment to providing services to development; types of urban growth patterns desired; redevelopment of developable areas. Commitment to federal and state programs in the area; assistance to channel maintenance and beach nourishment; energy facility siting and development; tourism or beach and waterfront access. Among these issues, local priorities are treated with explicit policy statements, and others given discussion only. 1. Types of Development Which the Town of Oriental wants to Encourage. �e As previously noted, Oriental has evolved through phases as a lumber mill town to that of a commercial fishing area, and has now developed into an ` attractive recreational and retirement community. This historical trend, renewed concern for sensitive environmental areas and desire to increase productive uses of natural resources, set the stage for careful consideration in this section of the Land Use Plan. At a worksession of the Town Board (Planning Board), the responses to the questionnaire were reviewed, which revealed that 20% of the respondents were not happy with the direction that the Town is taking. Only 57% stated that they were satisfied with that direction, and one written comment stimulated discussion around the fact that the Town, up until now, has had no expressed direction for development. Twenty-two percent of the survey respondents expressed desire for some form of planning. To get a handle on possible.directions for the future, the Board outlined several scenarios about the nature of the community. "Scenarios depict hypothetical development contingencies associated with particular cominbations of objectives and their priorities; they provide a basis for explicit consideration of differing assumptions concerning development futures ... By thus spelling out the implications it is possible to narrow the options to those which represent the broadest and most politically viable consensus." (F. Stuart Chapin, Jr. and Edward J. Kaiser, Urban Land Use Planning, University of Illinois Press, 1979, page 344). I 40 The information base described in part IV of this Plan, the results of the land use and questionnaire survey, plus the known intentions of area developers were intuitively combined to produce a chosen scenario for the Town: Oriental wishes to grow slightly over the coming years, providing a village atmosphere as a center for retirement and week -end water -based recreation, with attraction for tourists who appreciate fine seafood and a center for water -based commercial activity. Within the context of this scenario and discussion of the Town's current economic base, the Planning Board prioritized the following types of development as desirable: Low-- intensity, moderate scale commercial development, particularly around and related to the harbor; basic services are desired. Permanent and seasonal residential development. Public and private recreational facilities. Tourist facilities. Continued forestry production, with limited agricultural activity inside the planning area. Also within this context, light industry, dispensed mobile homes, beach atmosphere, and game rooms were enumerated as development types which should be discouraged inside the planning area. However, the Town Board encourages industrial uses elsewhere in the county for the employment of local people. Land use planning, then, works to put in place a guidance system (development policies in the form of this plan), regulatory actions and public investments, plus provide a framework for the exercise of the usual municipal police power granted by the state) which can better equip the Town to realize the chosen scenario. Amidst this array of desired types of development, the Planning Board expressed a strong preference for developing the older, already incorporated area of town, but promoting a sound strategy for guiding desired types in the area across neighboring creeks and stimulating appropriate development with the unofficial planning area. As Oriental undertakes these strategies, it realizes that this planning process is the beginning of the town's equipping itself for directing the projected, population increase and channeling development pressures into the pattern of land uses that the community wants. .1 41 That pattern is shown on the Land Classification Map in Section III, page 66. In general, the goal is to develop the area currently contained by the town limits with residential and commercial activities which are consistent with the history and character of the town, and in a manner which compliments the commercial uses (sailing and commercial fishing) which are already underway. This means that other uses, such as agricultural, are preferred outside the town limits, so that the community may grow and develop the tax base to accommodate desired forms of development in the future. Also shown on that map is the desire to develop particular sites in the "unofficial"*planning area with small business and new subdivisions for recreational and permanent homes. Thus, the Planning Board adopted the following overall goal for economic and community development. Goal: To achieve desired levels, types, and patterns of economic and community development which are consistent -with the expressed scenario, raise local employment levels, and otherwise contribute to the local economic base, so as to implement the Land Classification Map. On pages 42 thru 60, alternative policies for the categories outlined in --the CAMA regulations are presented, with a choice of policy (stated as an objective for that particular type of land use). Implementation strategies which the Planning Board selected are presented as well. *As of the writing of this plan, the Town has no zoning and has established no official extraterritoriality, as authorized by N.G. Statute 160A. The Planning Board didy however, establish the areas shown on page 43 and 66 as the area for analysis in this plan. 42 2. Type of Urban Growth Pattern Desired. This section presents the growth pattern desired by the Town of Oriental through description and policy statements, with this pattern generally illustrated in the Land Classification Map, page 66. As supporting information for those policies and patterns, the section first explores the foundation for those policies and outlines the rationale behind the chosen pattern, and overviews several options for implementing the chosen development pattern. a. Existing Land Use Pattern. As indicated by the land use survey, residential land use is concentrated mainly in the older, downtown area and in the outlying residential subdivisions. The community's incorporated satellite, New Sea Vista (White Farm Area, Windward Shores) offers waterfront homes to the east, with Buccaneer Bay and Sail Loft subdivisions providing such to the west. While the great majority of units are single family, some multi -family dwellings are located in Teaches Cove and in the older section of town near the town hall. There are three concentrations of mobile homes in the area, one of approximately 7 units on Hwy. 55 near Shop Gut, 51 units concentrated next to Green Bay Marina and 10 units in the Holiday Hills Trailer Park (SR 1317). Commercial development consists of several types including neighborhood and highway retail, water -based enterprise (marinas, sailboat sales and the harbor) and office and institutional uses (such as the town hall). Like many other small towns, Oriental's neighborhood commercial establishments serve the older section of town, while highway commercial serves the outlying subdivisions. Waterfront enterprise serves a_wide ranging geographic area. Utilities are located along Highway 55 in an area which is relatively less densely populated, which is good for safety as well as aesthetic reasons. Besides the seafood processing industries located on the waterfront, there are no industrial plants within the planning area. Recreational areas are provided in the central area of the community and along the Neuse River (as private tennis courts, open spaces, and the Town Park). A public access point established by the town and N.C. Wildlife Association is located near the bridge which provides recreational access to the public trust waters of the area. Concern over this pattern and its future was expressed in the December survey as follows: 65% stated that a moderate to significant amount of residential development should be encouraged. 21% were moderately concerned and 9% were seriously concerned about availability of adequate housing. 52% stated they were moderately or seriously concerned about mobile home development, with 75% stating that no mobile home parks should be encouraged. 44 b. Development Pattern Desired (Overall). The existing land use patterns plus the need for a sense of direction for the future has produced an environment in Oriental which emphasizes quality of development (its density, impacts on neighboring uses, and character), rather than so much on the traditional pattern (lot -by -lot segmentation), of uses by type. Oriental has been for some years at a turning point faced by many towns as they have grown, of whether to integrate or mix land uses which are often interdependent (such as docks near restaurants which are near motels or summer homes) or separating uses (such as setting aside residential uses far from commercial ones, creating vacant spaces at night in commercial districts and extra expense of automobile use for what could be routine trips). The Town Board clearly prefers mixed land uses, providing the richness of different age groups and activities interacting as a healthy community. This attitude supports their chosen scenario of a retirement community (mixing land uses provides more opportunity to walk instead of drive), of a recreation center (people who stop at the docks or.tie-up at the marinas need places to sleep, buy groceries and eat), and of a commercial fishing center (whi,chirequires some segregation of activity). - Thus, major themes have been articulated by the Town Board regarding mixed land use patterns rather than the traditionally rigid "land design map" or "land use of the future" map. Instead uses have been generally identified according to their intensity (that is, the type and degree of "nuisance" or negative impact they are likely to impose on land use adjacent to them). Normally, su-7.h intensity is operationally defined in terms of measurable standards, including impervious surface coverage, building height and bulk traffic generation, and noise, etc. The desired development pattern is reflected in the land classification map, P page 66 , indicating that more intense uses are to be segregated to specific areas or districts and bufferyards are to be stipulated later to lessen their impact upon neighbors. Other uses of similar nuisance value are thought of in terms of large areas. Thus, not only the land pattern desired, but also the management measures must be planned for, in order to establish a workable strategy for achieving the desired result. At the heart of this land use pattern is an awareness of the Town's neighborhoods which are differetiated along historical settlement patterns, predominant land use type, geographic location (such as the fringe area and satellite incorporated area) and nature of development (such as suburban - type subdivisions). These are seen as "building blocks" for community development by the Town Board, who realize that the land use pattern should enhance neighborhood identity and character while providing appropriate infrastructure for the future. Alternative policies considered toward fulfilling the land use pattern expressed above included drawing upon the controls and incentives outlined above as they apply to various land uses. In accordance with the CAMA guidelines for land use planning (15 NCAC 7B), policy choices are presented below after a brief discussion of each type of land use. I `t J (1) Rationale and Development Management Measures. The determination of a desired land use pattern is a design function which required thoughtful reflection upon desires of the community, capacity of the community, and demand for particular land uses. In determining the particular pattern outlines below, the Town Board considered the basic information presented in Part IV below regarding analysis of land use, current plans, policies and regulation, land suitability, capacity of community facilities, and estimated future demand. Translating this information into a development pattern, while being mindful of the costs of development and the Town's capacity to serve it once developed, are critical processes in planning for Oriental's future. In doing so, the Town Board assessed the mechanisms available to it from which to construct its "development management measures", the guidance systems through which it intends to carry -out or realize the preferred development pattern. The following section is a brief description of several measures which municipalities frequently use in guiding development, consisting of a variety of controls and incentives. Naturally, these have been used to varying degrees of success by towns much larger and those smaller than Oriental (source: International City Management Association, The Practice of Local Government Planning, Davis S. Arnold, Editor, Washington, DC, 1979, pp. 374-381.) ( Types of Controls `A Uniform Controls include zoning, which traditionally has relied upon districting to regulate specifically permitted uses density, maximum building height, bulk, and setbacks. Special District Control, involving creating a special district to protect natural or man-made features which are important to the community and are threatened by pressure for new development. Overlay districts which are a type of special district which apply additional special regulatory standards by superimposing them on existing zoning. I 46 Special zoning districts which are employed when particularly sensitive protective controls are required for a designated area. These require their own plan which identified objectives that have demonstrable value to the city as a whole. Landmark preservation and historic districts which are zoning approaches to a community preservation program, usually featuring a -landmark or historic district ordinance. Impact zoning which evaluates the relationship between a community's capacity for growth and the potential demands on community services created by a proposed development. Performance controls, which established general criteria for assessing the appropriateness of a particular development for a specific area. Typically, sign regulations in zoning ordinances, housing quality with performance standards (regarding privacy, sunlight, apartment size, etc.), and industrial impact are so regulated. Performance zoning applies which combines performance controls and zoning to set standards for each zone based on permissible side effects of a land use rather than specifically enumerating the types of uses permitted. If the prescribed standards are met, any use is allowed in the zone. Often some mix of conventional zoning and performacne zoning is recommended for small areas which do not have a full-time professionally trained staff available. Designer selection procedures are used for public works projects such as schools, parks, and civic centers and are applied at the project rather than community scale. ( b Types of Incentives Incentives are based on the use of laws and taxes to encourage individuals and groups to accomplish their own interests while satisfying the larger pulbic interest. Whereas controls attempt to coerce the right result, incentives seek to create the right result by providing a variety of benefits to the developer. While some mix of controls and incentives is recommended, incentives fall into i two general categories: trade-offs or bonuses, and financial aids. (1) Trade-offs or Bonuses Typically, under the provisions of trade-offs.or bonuses, a developer may choose to accept a design review process in exchange for the freedom to build more space or to organize a development more effectively than would be allowed under uniform regulations. These include: Incentive zoning which provides floor area bonuses to the developer on the basis of his provision of additional public amenities. Transfer of Development (TDR), used to preserve nonreplacable resources such as natural areas. It might involve government purchase of the unused development potential of landmarks and subsequently sell them to another developer in the form of development rights to be used at another site. 47 Planned Unit Developments allow a more flexible placement of buildings than conventional lot -by -lot subdivision standards. The total site rather than a single lot becomes the unit of regulation. Densities are coagulated for the total site, allowing the clusterings of buildings, the development of useful open space, and a more flexible mixture of land uses. Mixed and joint development which is a counter response to the single purpose districting the traditional zoning promotes. Mixed and joint development is the use of a particular land area for more than one purpose. For example, a multi -story building may combine shopping, housing, office space, and parking. (2) Financial Aides The second type of incentives offer direct or indirect financial assistance in order to achieve public benefits. These techniques include: Tax abatement, often used for conservation or redevelopment of a particular property. When this method is used, the owner must demonstrate that the current rate of taxation threatens the continued existence of a building. Scenic or facade easements, which prohibit an owner from altering a scenic open space or edterior appearance of a building. A publice body or nonprofit organization may acquire a scenic or facade easement which can be deducted from taxable income. Tax increment financing, is a method of paying for public improvements by an increase in taxes generated by added value to adjoining property or subsequent private development. The difference between taxes prior to development and those after development is used to pay off the cost of the public improvement. Land writedowns, used for redevelopment of older areas of town, in which the property is sold to a private developer at a cost below the public cost of land acquisition, clearance and administration in order to encourage a particular development program. Public infrastructure may be used as public sector support for a private development project, ordinarily in the form of roads and utilities required for the project. Project components, such as the provision by the public sector or parking garages, are used to provide amenities for projeots which the developer could not afford. Administrative support, ranging from feasibility studies to project + packaging has been provided by governments which are willing to become actively involved. Civic art support, usually involving 1 percent of the construction costs of public buildings for the inclusion of art such as fountains, sculpture, and murals, has been used to attract businesses and improve community character. f 1 48 Ic. Development Pattern Desired (by Type of Use). (1) Residential Development Pattern. At the heart of the preferred residential pattern referenced above is the age structure of the population. Older people in Town can benefit from the promotion of duplex development, while younger persons, in this day of high housing costs and interest rates can benefit from properly maintained and attractive apartment development. The history of the town, with early settlement near the harbor, already features small lots which have established a higher density rate than that promoted traditionally in single family districts, (and in many cases higher than that allowed by the local and state health regulations). Thus, intermixing single family, and low -scale multi -family development can serve many objectives regarding the character of the town, while helping overcome square footage regulations now prohibiting expansion of solely single family residential units. Naturally, questions of parking, capacity of intended services and spillover impacts should be addressed and are in the forefront of the Planning Board's mind as it prepares this plan. Policy choices regarding these benefits and issues are as follows: - Residential Pattern Objective: To direct residential development so that it is mixed (single family and multifamily) in districts targeted for higher densities; is single. family in low density districts; is appropriately interspersed with commercial uses in all districts and provides localized and high quality mobile home development. Implementation Strategies: Develop management tools, primarily a modified version of performance zoning, which sets aside particular uses for certain areas, while allowing others to intermix according to performance levels and appropriate provision of bufferyards. Participate in state and federal block grant programs to upgrade the quality of the residential stock (housing) in the community. Develop a mobile home ordinance which stipulates permitted location of mobile homes, requires licensure and a privileged fee and requires annual relicensure to assure satisfaction of standards set forth in the ordinance. This ordinance may or may not be part of the zoning ordinance referenced above. Reconsider applying,jor a community development block grant (1983) for housing rehabilitation, considering the establishment of a "community development extraterritorial area" around blighted areas within the "unofficial planning area." I L� 49 (2) Commercial Development Pattern. In the citizens' survey, 24% of the respondents said that the adequacy of commercial development was a moderate or serious problem. However, 47.5% were concerned about further development of commercial docks. 54% said additional commercial development should not be encouraged, while 46% stated that it should. Only 9% said they wanted commercial development to, be significantly increased in the future. Worksessions of the Planning Board identified several issues regarding commercial development including: Desire for more concentrated commercial development in the harbor and development around existing businesses; preference for mixed commercial/ residential uses in the older parts of town; particular need for a motel, a filling station, a full -service garage, parking for commerce,' a car wash and a laundromat. Overall, the major themes for commercial development are (1) to keep the town small but revitalize the economy, having shops and accommodations to support • the tourists and commercial fishermen; (2) to "keep commercial development where the people are", with proper mechanisms for quality control, so as to promote pedestrian rather than vehicular traffic. The location of commercial establishments is particularly important in Oriental because of seasonal and recreational population fluctuations and demand which is placed upon the Town for accommodations, restaurants, and other retail establishments. From July 1 through Labor Day, it is estimated that there are approximately 300 boats in town, 50% of which are in use. At an average of 3 persons per boat in use, there are an additional 450 persons with some form of demand for services, fuel, or other commercial exchange. Thus, with the population doublin in this manner, the Planning Board has chosen to promote interspersed low -intensity commercial uses in the developed and development districts, while concentrating water -based commerce (and related commercial uses) in the WB Districts shown on the map. This pattern is in keeping with the theme of pedestrian'traffic; allowing visitors to walk from their boats to many of the services they need. Alternative policies the Planning Board discussed with relation to commercial patterns included the controls and incentives listed on pages forty-five through forty-seven. The following policies were selected: I I I I s0 Commercial Pattern Objective: To promote commercial development in proximity to where it now exists and in other areas of compatible intensities (density, parking area, etc.). Implementation Strategies: Establish districts for waterbased commerce and incorporate appropriate size and bulk standards, performance standards, and permitted uses in a zoning ordinance for the Town. Categorize other forms of commercial use into intensity classes and develop performance criteria which allows intermixing of commercial uses (except water -based commercial uses) with residential. These standards should relate to appearance, signs, traffic generated, and parking requirements. Work with the state block grant effort to acquire funding to stimulate economic development regarding commercial revitalization of the downtown and with the Small Business Administration and N.C. Department of NRCD and Commerce to stimulate appropriate businesses which serve the tourist and commercial fishing industry. 1 I I 51 j (3j Types and Location of Industry. As noted above, industrial development was listed by the Planning Board as one of.the types which was preferred outside the planning area. Sound reasons were offered regarding the character of the sensitive areas (the official AFC's), poor soil characteristics (for handling large buildings and supporting streets to carry large industrial equipment including truck traffic), demographics (relatively few employment age people residing in town) and impact upon adjoining land use. However, the Planning Board shared the concern expressed in the survey results which expressed a need for industry somewhere in the vicinity. The survey showed the 22.8% of those responding said that the amount of industrial development was a moderate (14.8%) to serious (8%) problem. Seventy-seven (77%) said it was not a problem or made no comment. Sixty-four percent (64%) state that light industry should be encouraged to employ local persons. Thirty-six percent (36%), however, stated that none should be encouraged. Regarding land use patterns, 10% stated that they thought agricultural land would likely become industrial over the next 10 years, indicating that planning, such as that addressed in the resource protection section (page 6 ) and resource production section (page 31 ), is timely. (See land classification map for areas set aside for agricultural use). Alternative policies considered the issues of type and location of industry included maintaining good relations with the industries which operate inside the planning area but are housed elsewhere (Weyhauser); working with the County officials to help recruit an industrial site where soils are suitable (such as along the Southern Railroad and NC55 into the vicinity of Grantsboro and Bayboro, County Land Use Plan, page 23), taking steps to promote the seafood industry within the planning area (processing) work with the county official to diversify the industrial make-up of the county, and the policies chosen below. objective: To promote the location of light industry which employs local people outside the planning area of the Town of Oriental, which satisfies certain County recognized performance standards. Implementation Strategies. Inquire with the State Department of Commerce regarding its Community of Excellence Program and ask ways in which the State's industrial recruiters could assist in identifying small industries'for Bayboro. Develop a working partnership with existing seafood companies to help retain and encourage the expansion of their industry in a manner which is consistent with environmental auality and community liveability. I M I 1 1 Work with the County to develop performance standards for industries which could be located in Grantsboro or Bayboro. Prepare land management tools such as zoning which would exclude the location of conventional industries (by type, size, bulk, or performance) from the Oriental Planning Area. In addition to the type and location of general industries addressed above, the Town Board concluded the following regarding the siting of energy facilities. Currently, fhe're are no energy facilities within the Oriental planning area.; The Board expresses desire that none be developed within the one mile area. The town recognizes the necessity for the development of facilities for the production of alternative fuels, but wishes to discourage siting of large facilities near the Town. Objective: To prevent the location of large energy facilities within the one -mile planning area. Implementation Strate Develop management tools (controls and incentives) which require a special use permit to construct any energy production facility inside the planning area. J 1 53 (4) Cultural, Recreational, and Institutional Development Pattern. Cultural development refers primarily to historic buildings and monuments, archaeological sites, facilities for the performing arts, museum and visitor �. centers, etc. Recreational development refers to non-commercial and open space uses. Institutional development refers to government offices and usually includes churches, schools, and libraries. Concern for a proper land use pattern with regard to these uses was evidenced in the December survey which stated that-38% of the respondents were.moderately to seriously concerned about the protection of cultural and historical assets. Additionally 49% stated that a moderate amount and 24% a significant amount of public recreational facilities should be encouraged. The latter is a call for non-waterbased as well as water -based recreation in the community. Generally,.more concern is placed on what is next to these land use types than what they are next to. That is, these uses are very low in nuisance value and are susceptible to the spillovers of more intensive land use classes. • 1 for Oriental its historic laces and churches are interspersed Fortunately p p among its residential areas. Thus the major lan& use issues, given the desire to protect this element of community character, regard ways to ease any adverse impacts from neighboring uses and at the same time, reduce the "idle spots" which these uses cause during the work day and at night. Alternatives for doing so include the controls and incentives described at the_ beginning of this section (b),_with policy choices presented below: Objective: To maintain a dispersed pattern of cultural, recreational and institutional land uses. Implementation Strategies: Develop performance oriented standards for such uses and establish by ordinance the districts where they are accommodated, Develop bufferyard standards for uses which abut cultural, recreational, and institutional uses so as to reduce potential nuisance spillover. Develop parking standards for each type of use as part of the management tool. a 1 54 I In addition to general cultural, recreational and institutional patterns, the Town Board discussed waterfront access in particular. Waterfront access for various uses is adequate at this time in the Oriental Planning Area. The Town Park provides pedestrian access for recreational picknicking, walking, and recreational pier fishing. A nice public access boat ramp, partially funded by the N.C. Wildlife Resources Commission is provided at the end of Midyett St., which provides public access to the public trust waters of the Neuse River and the Creeks. Additionally, there are three streets which could be considered for improvements for public access. The streets are;Wall, King and Neuse. Thus, there being no other need to improve public access, there are no policies for such per se in this plan. I n I I IF 55 (5) Agricultural and Forestry Development Patterns. The value of agricultural and forestry resources to the community is discussed above in the section on resource production and resource protection. The major issue regarding land use patterns emerging from those sections is one of how to use land for its best purpose and how to fit together different uses in the best manner. Worksessions of the Planning Board indicated that many of the areas which look like they should be set aside for such agricultural and forestry uses are more appropriately holding for future residential development. However, it is important that the Town designate an appropriate amount of land for urban use which.s consistent with present and future need (i.e. ten or twenty year period).. -.A premature designation change from agricultural/forest to urban use may unnecessarily raiseland values and make farming uneconomical long before there is demand for more urban land. Given this concern, the following policy choices are presented: objective: To provide areas for rural living where this type of develop- ment is compatible with the continuation of farm and forest uses. Implementation Strategies: Develop intensity classes and performance standards which fulfill the chosen pattern by promoting low densities and large open spaces for agriculture and forestry on the Land Classification'Map. I I 1 I 11 1 56 3. Committments to Development. a. Redevelopment of the Developed Area. Worksessions with the Planning Board have defined the "older part of town" as that area boundaried by the Neuse River at Wall Street eastward to Vandemer St., to Third Ave.; to Factory St. and back to the waters edge at Wall Street. Revitalization efforts in this plan focus on this area, but also generally pertain to the area inside the existing city limits, excluding recent subdivisions. Concern Sr revitalizing this area surfaced on the December -survey, as 14% of the respondents made special note that the older part of town should be preserved. 20% more stated that the coastline, waterfront and harbor should be, and 10% more said that parks should be preserved. The existing land use map shows this area as primarily residential, with several cultural and institutional uses and some commercial. Preferences are strong for maintaining the character of this area in the future. Constraints on redevelopment of this area and its surrounding area are similar to other small towns in North Carolina. Lack of public wastewater collection and treatment, small lots which are non-cpnforming to sanitation requirements, high cost of rehabitation, and high concentration of older citizens whose relatively fixed incomes can ill afford upkeep or improvements. Alternative policies for redeveloping the developed areas include the controls and incentives outlined under Section 4b above, with policy choices as follows: objective: To achieve redevelopment of the "older section of town" (as described above) and the remainder of the area inside the town limits (excluding newer suburban -type subdivisions). Implementation Strategies: Complete a housing survey of existing conditions identifying dwelling units which require improvements. Apply for state community development funds and FmHA funds to assist in rehabilitation. Consider adopting a minimum hosuing code (with careful consideration for ability for residents to achieve it) for the incorporated area. Develop a voluntary demolition campaign to remove dilapidated structures and other hazards from the redevelopment area. Acquire technical assistance for the development of a downtown revitalization strategy in Oriental and determine the financial feasibility of implementing such a strategy. Accommodate redevelopment through progressive approaches to development management (such as performance zoning) to permit flexibility and creativity in redevelopment areas. 57 b. Commitment to State and Federal Programs. Section IV shows a list of state and federal programs which impact the Town of Oriental and contribute to its character. Currently, several of the programs are effectively protecting the marshes around the Town and helping protect the nature of the public waters for recreational uses. Concern for the Town's relationship to state and federal programs surfaced in the Development survey as 46% stated they were moderately -to -seriously concerned about the lack of coordination among governmental regulations regarding waterfront development. Commitment to such programs has long been supported by the Town Board. Their participation in the EPA 201 Study, continued pursuit of funds for community services, application of CAMA funds for this planning effort and work with the Corp of Engineers and Coast Guard indicate their intentions to continue to do so. Alternatives considered to address these issues and thereby improve the Town's commitment to state and federal programs include: initiating a letter campaign to all state and federal agencies listed in this document and others �identified as need arises to open communication and inform them of Oriental's needs and policies; revenue generating strategies outlined above; and attainment of technical assistance. Policy choices are as follows: Objective. To support state and federal programs in the Oriental planning area. Implementation Strategies: Engage in a grantsmanship program to implement selective state and federal programs. Seek technical assistance from federal and state programs which best address needs identified in the citizen survey and addressed by this plan. I L1 58 C. Local Commitment to Providing Services for Development. Currently, the Town of Oriental has a small town budget which, like other small towns, is ill-equipped to support much development with expensive infrastructure. The Town currently provides several services for development: street lights,. water system, a policeman, garbage pickup, a public works department, and a voluntary fire department which is owned by the Town. The December survey indicated that several services are desired by the citizenry: 10% stated that they would like to see heavy limb pick-up; 23% want a municipal wastewater collection and treatment system; and 22 % want sited planning specifically. 1 Concern for how these services are provided was expressed, as 27% were moderately and 29% were seriously concerned about the lack of coordination among government regulation regarding (waterfront) development. In light of these citizen concerns, and despite budget limitations, the Town Board has shown considerable commitment to providing services for development through undertaking grantsmanship (for the EPA 201 Wastewater Study, Step 1 and the CAMA grant for land use planning) and the .hiring of a Town Administrator to provide a focus of contact for the town in relation to administrative services which relate to developers. Recently, the Town Board established a Planning Board Ordinance which establishes certain responsibilities for preparing the land use plan, supervising the preparation of future management tools, under- taking special studies and performing other related duties that the Council may direct. Evidence of continuing commitment to provide services for development is exhibited by the town search for funding for its wastewater collection and treatment system, in the face of severe cutbacks in funding offered by the Environmental Protection Agency. Alternative policies considered for development of the Town's commitment for services to development included: grantsmanship for the purpose of preparing proper management tools which can help direct development into areas which are more cost effective for the developer and the town, establishment of a "partnership" approach with developers so that costs of services provision is shared in a supportive but equitable manner, and provide services consistent with the Land Use Plan of the Town of Oriental. ob jecti ve : To develop the Town's capacity to provide selected services to development, so that development is stimulated (within the means available), so that the tax burden is kept fair, and that the prime beneficiary (the developer) pays an equitable share of the costs. I 1 59 I 1 1 1 I 11 fl C [I I Implementation Strategies. Develop a clear policy of providing extension of services as capacity increases and services become available. Continue the search for funding of the wastewater collection and treatment system. Develop a zoning ordinance (based largely on performance standards) which channels development according to the long-range plan. Adopt a subdivision ordinance which will establish a "partnership" with developers who develop within the planning area (i.e. within town limits and within a one mile radius) which clearly states the respective responsibilities and standards for the provision of public facilities and services. The ordinance should require the following: Dedication of adequate right-of-way in new developments consistent with State standards. Extension of water distribution and sewerage collection systems shall be the responsibility of the developer except where the Town has undertaken a special project whereby such facilities may be financed in part through Federal and State grants or local assistance. Paving of all new streets consistent with (yet to be developed) Town standards. These standards may differentiate between the "Core Area" and other areas of development (eg. curbs and gutters only required in core area) and will be tailored to the specific circumstances of the community (eg. flooding). Agreement with Pamlico County shall be sought to administer the proposed Oriental Subdivision Ordinance. A fee structure shall be developed (eg. subdivision application fee, building permit fee, service connection fee, etc.) to cover the costs of administering the subdivision ordinance. 1 1 60 Id. Channel Maintenance and Beach Nourishment. Since the abutting river channels are within the Town's legal limits, policies regarding channel maintenance and river safety are of concern to Oriental. Objective: To achieve proper levels of channel maintenance and water safety. Implementation Strategies. Assist the Coast Guard and other public and private organizations in the procurement of funds to dredge creeks within the Town limits when and where needed. Il 11 1 U II �J 61 E. Continuing Public Participation Policies ' In accordance with the CAMA guidelines for land use planning, the following discussion outlines the means by which public participation in planning matters is to be conducted in the planning process; the means to be used for public education on planning issues, and the means to be used for continuing public participation. First, a brief description of the methods used to develop this CAMA Land Use Plan will be discussed as the foundation for future citizen participation efforts. The Town of Oriental has an active Town Board and Planning Board, which, for the size of this community, contribute considerable to the representative nature of planning and planning decisions. This feature has been strengthened by the hiring of a Town Administrator, which will leave the elected and appointed bodies to do more policy -oriented than administrative work, thereby increasing outreach to the community. During the preparation of this document, the Planning Board was clear in its desire to continue close contact with the citizenry. It realizes that such involvement is important in both the development and enforcement of land use policies so that the spirit of community is enhanced as the community grows physically and economically. Issues discussed included these and other purposes of participation in Land Use Planning, definition of varying interests among publics, representative bodies and responsibilities, and communication ' methods. Alternatives discussed with regard to these issues included: limiting participation to selected committees or boards appointed to represent the community; publishing required legal notices for public hearings; establishing ad hoc citizen committees of the Planning Board as need arises; and conducting an educational campaign encouraging participation at monthly Planning Board meetings. Goal: To achieve meaningful participation in land -use and related planning matters in the Town of Oriental and its planning area. Objective For participation itself: to provide opportunities for participation in the land use planning process by residents of the Town of Oriental and its planning area,- individually and in representative groups. 1 11 62 Implementation Strategies: Adopt an Oriental Zoning Ordinance which will require one written ' notice to be mailed to the owner of any property which is the sub- ject of a rezoning petition and (2) written notice to be mailed to the owners of all properties which adjoin the property which is the subject of a rezoning petition. All such notices shall be mailed to said parties at their most recent address as held by the Pamlico County Tax Supervisor's office at least 21 days prior to the public hearing which will be held in connection with the rezoning petition. Adopt as Town Policy that notice of meetings of Planning Board to be placed in the local newspaper and specific items to be discussed be part of the notice. Send citizen opinion questionnaires to Town residents and property owners outside the city limits but within Oriental's extraterritorial jurisdiction at least every five years to gauge public opinion and how this opinion has changed prior to the update of the Land Use Plan. Hold a semi-annual meeting of the Planning Board and the Town Board to evaluate the Land Use Plan and its implementation. Prior to that meeting, have news articles regarding meeting and specific issues to generate public interest. Objective 2: To encourage active participation in land use discussion by all sectors of the population including all economic, social, cultural, and ethnic groups. Implementation Strategies: Develop a roster of civic organizations and key individuals to be notified of public meeting regarding land use issues, and request that members of these organizations be notified. Publicize notices of meetings in the local newspaper preceded by feature articles on specific issues to be discussed and invite all interested citizens to attend. Objective 3: To educate the citizens of the Town of Oriental and its planning area about the issues facing the area regarding matters of resource protection, resource production, community and economic development, special issues and ways in which citizens may participate in the Town's planning process. Implementation Strategies: Prepare public information brochures regarding: CAMA Land Use Plan and its implementation process for distribution in annual tax bills or in utility bills. Prepare public information and education programs for presentation to civic groups, churches, and school classes to inform the public about the CAMA Land Use planning program and to encourage active participa- tion in the process. Prepare press release for local newspaper following each Planning Board meeting in cases when no member of the press has been present. 63 Prepare educational news releases on the planning program in the Town of Oriental explaining the issues to be considered and decisions pending. Hold workshops for residents of the Town and the surrounding planning area with technical assistance to educate citizens about the planning process and other facets of the CAMA program. Interest local groups in sponsoring a joint meeting of local government in Pamlico County regarding matters of interest in land use issues. F. Other Specific Issues that Must be Addressed in the Oriental Land Use PI an "Attachment B" of the contract between the State of North Carolina and the Town of Oriental stipulates that the special issues of phosphate mining and preservation of historic resources be addressed in this plan. Policy discussion and choice of policies for phosphate mining are presented ' above in Section II, page 38, and preservation of historic resources is addressed on pages 26 and 27. G. Consistency with Land Use Ordinances and CAMA Improvement Plans and Budgets. The Town of Oriental does not currently have a zoning ordinance, subdivision regulations, or other local regulations which are normally required to be consistent with CAMA regulations regarding Areas of Environmental Concern. The Town Board intends to develop such -ordinances in the future as part of the implementation of this Land Use Plan. At that time, careful consideration will be undertaken regarding their consistency with the land use planning regulations and the AEC regulations. Current planning and grantmanship for improvement of the water system, a new wastewater treatment system, and continued historic preservation, as well as discussions of annexation priorities have been taken into account and the development of the Land Classification System. H. Related Plans, Policies, and Regulations. As mentioned in the foregoing policy discussion section, the development of the Land Classification Map has been undertaken after thorough review of local, county, state, and federal plans impact in the Oriental Planning area. The Town of Oriental's consultants made several visits to the Pamlico County government in discussion of planning concerns of mutual interest. 1 64 �I �J I. Intergovernmental Coordination and Implementation. The preceding discussion of policies and the Land Classification Map are to serve as the basic tools for coordinating numerous policies, standards, ' regulations, and other governmental activities at the local, state, and federal levels. As shown in the Appendix, the Commissioners of the County of Pamlico delegated their responsibility for preparing the CAMA Plan to the Town of Oriental for its corporate area. This first step in intergovernmental coordination resulted in numerous discussions with county agencies and management regarding issues and data collection. Additionally, the County Planner and the Consultants for the Oriental plan have had':frequent contact to discuss issues related to potential mining activity, economic and community development issues, ' and coordination of planning activities. Because of this level of discussion during the development of the Land Classification Map and related policy statements, a better framework has been initiated for ' budgeting, planning and for provision of community services. The Town of Oriental Planning Board stated that such coordination, particularly related to regulatory and promotional policies and decisions, is highly desirable in ' the future. It is through such improved communication that the land use plans developed by the Town and by Pamlico County can best achieve their mutual goals of appropriate and orderly growth and development. J. Public Participation. ' As noted earlier, the Town of Oriental and its Planning Board, public notice of monthly, regularly scheduled meetings, a citizens survey and interviews with local officials as its participation method. In this manner, a wide cross-section of citizens was actively solicited and considered, and became a fundamental element in the development of the planning activities, and the eventual adoption of the plan: Continued public participation will be an important part of future amendments to the plan and moreover, its successful implementation. i L, �J ii I 1 65 III. LAND CLASSIFICATION In accordance with the guidelines for land use planning (15 NCAC 7B, Sect. ' .0200), and based on consideration of the citizens survey, available data, worksessions with the. Planning Board and its consultants, :and consideration of the policy statements developed above, this section presents the land classification system developed for the Town of Oriental. By delineating land classes on the following map, the Town of Oriental and its citizens have specified those areas where certain policies (local, state, and federal) will apply. . To this extent, the land classification provides a frame -work to be used by local governments to identify the future use of all lands in its planning area. The designation of land classes allows the Town Board to illustrate its policy statements as to where and to what density they want growth to occur and where they want to conserve natural and cultural resources by guiding growth. While the areas shown on this map do designate areas of the "planning district" which are best suited for particular uses, it must be'remembered that land classification is merely a visual reference to help implement policies and not a strict regulatory mechanism. However, it is important to remember that the land classification system is an integral part of the regulatory process in permit review — All All CAMA permits must be consistent with the local Land Use Plan of which the land classification is a part. ' The CAMA land classification system includes five broad classes: developed; transition; community; rural; and conservation. In the Town of Oriental, only the classes of developed and conservation readily apply as defined in the CAMA guidelines. The definitions of "transition" and "rural" have been modified as described in detail below. There are no lands appropriately categorized as "community" within the one mile planning area. This section presents the urban growth pattern desired by the Town of Oriental through the Land Classification Map (page 66). In that this plan is prepared under the Coastal Area Management Act, the Land Classification Map is the official map for guiding CAMA permit decisions. 1 1 1 TWA A. Developed. The purpose of the developed class is to provide for continued intense development and re -development of existing incorporated areas. The area i currently inside the Town limits of Oriental qualify as developed for the following reasons: 1. The area is served by public water, recreation facilities, and fire protection. 2. The Town Board has recently hired a Town Administrator for this area and has in progress, applications for funds to finance startings of an alternative wastewater treatment system, and f has submitted applications for funding to upgrade "urban shapers' such as its zoning ordinance which will serve to increase the density of development inside the Town limits. As noted in Section II above, the policies related to economic and community development outlined types of uses and implementation strategies for accommodating the stimulating population growth towards maintaining and expanding the "developed" category. B . Trani tion . ' The purpose of the transition class is to provide for further intensive urban development within the next ten years on lands which are most suitable and that will be scheduled for provision of necessary public utilities and services. According to the CAMA guidelines, lands classified as transition ' include lands currently having urban servcies and other lands necessary to accommodate the urban population and economic growth anticipated or to be encouraged within the planning jurisdiction over the next 10 years. t 68 The Town Board has selected these areas as potential areas to be served with urban services because of their attractiveness to developers, and their potential availability for sale and therefore development, and conversely, because of the reluctance on the part of those who own land inside the already developed area to sell it for residential or other uses. 1 Thus the total area shown as "transition" is larger than the amount of land needed for proposed population increases which cannot be accommodated in the vacant developed areas. Nevertheless, the Town Board wanted to offer land as "transition -residential" to induce future residential growth and development only in certain areas. The size of these areas, plus the fact that much of it lies outside the presently incorporated area, raises concerns of cost of extending services. The Town is aware that outside extension of services to entice -or support urban intensity of development is often very expensive. Thus, detailed financial feasibility studies are recommended as each outside transition area is considered for provision of services. The policies in Section II related to economic and community development relate to this modified "transition -residential" category. C. Community: The purpose of designating areas in a community class is to provide for clustered land development to help meet housing, shopping, employment, and public service needs within the rural areas of the planning district. As outlined in the CAMA guidelines, such areas usually refer to small clusters of rural development not requiring municipal sewer service and clusters which usually occur at cross-roads. No such areas exist inside -the one mile planning area. Therefore no land within that district is classified as "community" on the Land Classification Map. D. Rural: The purpose of the rural class is to provide for agricultural, forest management, mineral extractions and other low intensity uses. Residences may be located within "rural" areas where urban services are not required and where natural resources will not be permanently impaired. In accordance with the CAMA regulations, lands in this area have high potential ' for agricultural use and include land with one or more limitations that would make development costly and hazardous (particularly deep slopes and flood proneness). r n I As reflected in the foregoing policy section, Oriental has considerable potential for mineral extraction activity, and there are good stands of trees in the area. Since the Planning Board, through its policy discussion, does not want to encourage mining in the one -mile planning area, the rural category has been modified. As used in this land use plan, the classification of "rural" includes all uses permitted in the CAMA regulations except mining. E. Conservation: The purpose of the conservation class is to provide for effective long-term management of significant limited or irreplaceable areas. This management is necessary in the planning district, along the shore, and in its creeks. As stated in the policy statement above, the Town Board wishes that public trust and estaurine waters and marshes be protected and that only the uses it stated as desirable be permitted there. Because any development, including fill and mining, will destroy such valuable areas, all surface waters and marshes are herein designated "conservation" in the strictest sense of the category. As such, no public funds, either direct or indirect, are to be used to encourage intensive development in the conservation class. This policy necessarily limits water and sewer lines, harbors of refuge and dredging projects which are funded totally or in part, by public monies. The Estuarine Shorelines (the 175 setback adjacent to estuarine waters) are not classified as conservation, but have varying land classifications, as shown on the Land Classification Map, page 66. i I 1 70 IV. INFORMATION BASE FOR POLICY DISCUSSION, The following section presents the information from which the policy issue summaries were developed and upon which the policy discussion with the Planning Board was based.. Much of it has been presented in considerable detail in the policy discussion section (II) before each policy. This section first describes the manner in which the information base was established, and then presents data and conclusions regarding present conditions and economy, existing land use, current plans and policies and regulations, constraints to development (land suitability and capacity of community facilities), and estimated demand. 1 1 I I 11 1 71 A. Establishment of the Information Base. 1. Manner of Data Assembly. Data for the Oriental Land Use Plan was collected through a combined effort of the Planning Board, the area's residents and Planning and Design Associates, P.A., the town's consultant. This section outlines the general methods of collection, with details discussed under the heading below. Data assembly began -with an assessment of early work the Town had undertaken on traditional zoning. Interviews with local Town Board members and town employees provided information about the town's budget, capacity of its water system, and the nature of local policies and ordinances, etc. The consultant made several data collection trips to Washington, N. C. to county and federal government offices. State agencies in Washington, Greenville, Raleigh and Morehead City were contacted for collection of published data. ■ Since much of the information was not published or readily accessible, the Planning Board chose to conduct a citizen survey (presented in the appendix), which not only provided data but became a critical element in the citizen participation process. The Town's in -kind match was spent on this effort both in postage and in hours of time that the Town Mayor and citizens contributed toward tabulating and assessing the questionnaire. The collection of information regarding existing land use and hazard areas was collected by a windshield survey conducted by the consultant. Information regarding areas of environmental concern was collected through a field (windshield and on foot) survey by the consultant with Mr. Jim Mercer, CAMA Field Representative, and Pamlico County (major) CAMA Permit Officer. Detailed site -visit reports regarding contacts and data collection methods are on file at the office of Planning and Design Associates, 3515 Glenwood Avenue, in Raleigh. Conclusion: Like other very small communities, much of the information required by the'CAMA Guidelines for Land Use Planning is not published for the Town of Oriental. This necessitates considerable "leg -work" in the form of interviews, on -site surveys, and other types of primary data work. While these are desirable, and granted they contribute to the participatory process, the small budgets allotted to small places are seldom adequate to support such research. I I I B. Population and Economy. The Oriental 11201" Area is projected to reach a summer population of about ' 1400 persons by the year 2000; of this, 850 persons would be permanent residents. This represents a 29% and 15% growth rate respectively. I (See exhibit on next page) Like most coastal communities, Oriental's economy is based upon the ocean and coastal area natural resources. Commercial fishing, seafood processing, sport fishing and recreation are the Town's principle generators of income. Pamlico County ranks third for total poundage of finfish and fifth for shellfish of all North Carolina counties. Oriental serves as one of seven main fishing ports for commercial fishing in Pamlico Sound and deepsea fishing outside Ocrocoke Inlet. Five seafood processing companies are located in Oriental to include: Garland Fulcher Seafood Fulcher Crab Company C. M. Muse Seafood Stephenson Seafood Company Riverview Crab Company Fishing and hunting opportunities within the sound and salt marshes also contribute to Oriental's economy. The town has four marinas serving the area. 1 Sailing, water skiing and swimming are among the recreational activities offered by Oriental. The Town's projected 1400 summer population for the year 2000, which is nearly double the permanent population for the Oriental 11201" area, is evidence of the growing recreational demands on this area. Some commercial forest lands remain in the planning area, but most nonurban lands are either in agricultural use or left idle, reserved for future residential development. t 1 73 law /• • t uw u fib` .�<�.•4� • Y IUITAL F#OM Jr- f ORENIX 201. AREA II-3 C: Existing Land Use. 1. Description. As indicated by the land use survey, residential land use is concentrated mainly in the older, downtown area and in the outlying residential subdivisions. The community's incorpolatc:3 satellite, New Sea Vista (White Farm Area, Windward Shores) offers waterfront homes to the east, with Buccaneer Bay and Sail Loft subdivisions providing such to the west. While the great majority of units are single family, some multi -family dwellings are located in Teaches Cove and in the older section of town near the town hall. There are three concentrations of mobile homes in the area, one of approximately 7 units on Hwy. S5 near Shop Gut, 51 units concentrated next to Green Bay Marina and 10'units in the Holiday Hills Trailer Park (SR 1317). _ - Commercial development consists of several types including neighborhood and highway retail, water -based enterprise (marinas, sailboat sales and the harbor) and office and institutional uses (such as the town hall). Like many other small towns, Oriental's neighborhood commercial establishments serve the older section of town, while highway commercial serves the outlying subdivisions. Waterfront enterprise serves a.wide ranging geographic area. utilities are located along Highway SS in an area which is relatively less densely populated, which is good for safety as well as aesthetic reasons. Besides the seafood processing industries located on the waterfront, there are no industrial plants within the planning area. Recreational areas are provided in the central area of the community and along the Neuse River (as private tennis courts, open spaces, and the Town Park). A public access point established by the town and the N.C. Department of Wildlife is located near the bridge which provides recreational access to the public trust waters of the area. i Concern over this pattern and its future was expressed in the December survey as follows: 65% stated that a moderate to significant amount of residential development should be encouraged. 21% were moderately concerned and 9% were seriously concerned about availability of adequate housing. S2% stated they were moderately or seriously concerned about mobile home development, with 7S% stating that no mobile home parks should be encouraged. 9 Az IM Jill, '- . 76 1 2. Analysis of Existing Land Use a. Significant Land Use Compatability Problems. A comparison of the "Existing Land Use Map" with the "Flood Prone Areas Map" and "Primary Nursery Areas Map" reveals a number of incompabilities. Most revealing is that nearly the entire Town and outlying area (except for lands in the north central part of Town along Hwy..55), are prone to flooding. Such flooding would have a significant impact on nearly all of Oriental's commercial, industrial and residential developments. Residential development does border the west side of Whitakers Creek, a designated primary nursery area. The east bank is generally vacant and designated, under this plan, as "Rural". The "Rural" designation will help maintain the creek banks for the benefit of the AEC needs. Further, there exists a signifi- cant amount and depth of vegetation from the creek's edge on the eastern bank, thus providing a good buffer from outlying activities. The western bank, due to its development, does establish pressures for bulkhead development which could disturb the primary nursery areas. Other nursery areas are located along Greens Creek. Except for abutting lands along these AECI's that were platted and developed for residential use years ago, most of the AEC's abutt lands designated "Rural" on the Land Use Map. Further, most of this area has a substantial vegetative buffer from agricultural activities. b. Major Problems that have Resulted from Unplanned Development, and that have Implications for Future Land Use. One of the principle problems facing the Town is its ability to provide services, in an efficient manner, to "leap -frog" type developments (i.e. where satellite developments are separated from the town core by acres of vacant land). By limiting the number of acres of land designated for development, the Town can attempt to contain these developing areas. Likewise the designation of "Rural" will help hold some lands for future urban development. c. Identification of Areas Experienc&ng or likely to Experience Changes in Predominant Land Use. As seen through comparing the "Existing Land Use Map" with the "Proposed-�Land Use Pattern Map", an expansion of the waterbased commercial/industrial is anticipated. Also in the core area of the Town, a continued infill on vacant lands with a residential and commercial mix is expected. Most of the outlying areas will likely develop as residential, although a limited mix with commercial is encouraged. The "Rural" designated lands will result in preventing premature subdivision and lot sales. Certainly, the waterfront's edge is the most attractive area of the community and thus will likely endure considerable pressure for second and recreational home development. j77 d. Areas of Environmental Concern. As noted earlier, the areas of environmental concern in Oriental's planning area are coastal wetlands, estaurine waters and shoreline, and public trust waters. 1 11 fl I fl I I 78 D. Current Plans, Policies, and Regulations 1. Listing and Summary of Significant Existing Local Plans and Policies. a. Pamlico County Land Use Plan Pamlico County prepared a land use plan in October, 1980 which collected data and set forth general land use policies regarding the Oriental area. This local CAMA Plan has been prepared with thorough assessment of that document and its policy directions. The County Planning implements the Land Use Plan through the office of the County Planner. b. Pamlico County Zoning Ordinance A zoning ordinance for Pamlico County was adopted in 1970 and updated in 1979. Towns in the County may come under the zoning ordinance if they desire. At this time the Towns of Stonewall and Vandemere adhere to the County zoning ordinance. These two towns are the only areas of the County where the ordinance is in affect. The County zoning administrator (building inspector) enforces the zoning ordinance. Co* Subdivision Regulations The Board of County Commissioners approved the County subdivision regulations with an effective date of December 3, 1973 in accordance with the provisions of North Carolina General Statutes Chapter 153, Article 20A. The subdivision 41 regulations are enforced by the Zoning Administrator and County Commissioners. d. Floodway Ordinance There is no floodway ordinance in effect however, the County complies with the regulations of the National Flood Insurance Program. e. Building Inspection Pamlico County enforces the North Carolina State Building Code. The code is enforced by the County Building Inspector. f. Septic Tank Septic tank regulations are enforced by the Pamlico County. Health Department in compliance with the State of North Carolina regulations. g. Hurricane Evacuation Plan and Policies The Pamlico County hurricane evacuation is in effect,which established procedures for prompt action in the event of an advised evacuation. Administrated by the Pamlico County Civil Preparedness Coordinator in Bayboro, NC, the plan also serves a guideline in the event of flooding. I 79 I h. Transportation Plans The only transportation plans in effect are the ones prepared by the state (the State Thoroughfare Plan). i. Community Facilities Plan. The Town of Oriental has no community facilities plan at this time. However, the Town has participated in an EPA 201 Step 1 study and is pursuing funding for wastewater treatment. Utilities extension policies are being proposed to establish a "partnership" arrangement with higher density developers so that the cost of extension could be shared equitable. These are set forth in this CAMA Land Use Plan. j. Open Space and Recreation There is currently no open space or recreational policy for the Town of Oriental. A recreational policy may be appropriate in the future as funds may be available for construction, policing, and parking. k . Other Pamlico County has no ordinances, codes, or regulations, or exercises any enforcement powers relevant to historic districts, nuisance, dune protection, sedimentation, or environmental impact. 2. Relevant State and Federal Regulations affecting the Coastal Land and Water Resources•: See attached list provided by the Department of Natural Resources and Community Development. 1 i a 1 I STATE DEVELOPMENT REGULATIONS Agency Licenses and Permits Department of Natural Resources and Community - Permits to discharge to surface waters Development or operate wastewater treatment plants or oil discharge permits; NPDES Permits, (G. S. 143-215) Division of Environmental Management - Permits for septic tanks with a capacity over 3,000 gallons/day (G. S. 143-215.3). Department of Natural Resources and Community Development Office of Coastal Management - Permits for withdrawal of surface or ground waters in capacity use areas (G. S. 143-215.15). - Permits for air pollution abatement facilities and sources (G. S. 143-215.108) . - Permits for construction of ccm- plex sources; e. g. parking lots, subdivisions, stadiums, etc. (G. S. 143-215.109). - Permits for construction of a well over 100,000 gallons/day (G. S. 87- 88) . - Permits to dredge and/or fill in estuarine waters, tidelands, etc. (G. S. 113-229). - Permits to undertake development in Areas of Environmental Concern (G. S. 113A-118). NOTE: Minor development permits are issued by t1he local government. APPENDIX CONTINUED - 81 I I n I Department of Natural Resources and Community Development Division of Earth Resources Department of Natural Resources and Community Development Secretary of NRCD - Permits to alter or construct a dam (G. S. '143-215.66) . - Permits to mine (G. S. 74-51). - Permits to drill an explanatozy oil or gas well (G. S. 113-381). - Permits to conduct geographical exploration (G. S. 113-391). - Sedimentation erosion control plans for any land disturbing activity of over one contiguous acre (G. S. 113A-54). - Permits to construct an oil refinery Department of Administration - Easements to fill where lands are proposed to be raised above the normal high water mark of navigable waters by filling (G. S. 146.6 (c). Department of Human Resources - Approval to operate a solid waste disposal site or facility (G. S. 130-166.16). - Approval for construction of any public water supply facility that furnishes water to ten or more residences (G. S. 130-160.1) . 11 82 r� 1 1 I FEDERAL DEVELOPMENT REGULATIONS Agency Licenses and Permits Army Corps of Engineers - Permits required under Section 9 (Department of Defense) and 10 of the Rivers and Harbors of 1899; permits to construct in navigable waters. Permits required under Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972. - Permits required under Section 404 of the Federal Water Pollution Control Act of 1972; permits to undertake dredging and/or filling activities. Coast Guard (Department of Transportation) Geological Survey Bureau of Land Management (Department of Interior) Nuclear Regulatory Commission - Permits for bridges, causeways, pipelines over navigable waters; required under the General Bridge Apt of 1946 and the Rivers and Harbors Act of 1899. - Deep water port permits. - Permits required for off -shore drilling. - Approvals of OCS pipeline corridor rights -of -way. - Licenses for siting, construction and operation of nuclear power plants; required under the Atomic Energy Act of 1954 and Title II of the Energy Reorganization Act of 1974. a 83 I Federal Energy Regulatory Commission I I 1 1 1 I t t - Permits for construction, operation and maintenance of interstate pipe- lines facilities required under the Natural Gas Act of 1938. - Orders of interconnection of electric transmission facilities under Section 202 (b) of the Federal Power Act. - Permission required for abandon- ment of natural gas pipeline and associated facilities under Section 7C (b) of the Natural Gas Act of 1938. u 84 E. Constraints: Land Suitability. In accordance with the CAMA regulations, the following is a brief analysis of the general suitability of the undeveloped lands within the planning area for development, with consideration given to factors of physical limitations for development, fragile areas, and areas with resource potential. The analysis presented here plus related sections of policy discussion were the basis for the design of the Land Classification Map. 1. Physical Limitations for Development. The following areas were identified as likely to have conditions making development costly or causing undesirable consequences if developed: a. Hazard Areas As shown on the flood -prone areas map, the Town of Oriental and its planning area is nearly all prone to flooding. Flood -prone areas shown on the map have a 1 in 100 chance on the average of being innundated during any year. As a rule, development should either be directed away from those areas or be undertaken so as to withstand the likelihood of innundation. b. Areas with Soil Limitations The four major soil types in the Oriental area are poorly suited to development on criteria of high water table, slow perculation rate, severe wetness, limitation for shallow excavations, limitations for construction of local roads and streets and flood proneness. However, they do have positive characteristics of low shrink -swell, reasonable depth to bedrock, favorable drainage in elevation is adequate, and briefness of flooding. Detailed soils maps of the area are available in the County Courthouse: a) office of the District Conservationist, USDA Soil Conservation Service, or b) Office of the Bay River Soil and Water Conservation District. Regardless of soil type, problem soils are found close to the water's edge of all the area creeks but particularly in the general areas shown. While, as a rule, there are no septic problems if elevation is adequate, drainage is a critical issue in,whether development can be supported in the Oriental Planning Area. This concern was reflected in the December citizensk survey as that 31% of the respondents were moderately and 26% were seriously concerned about drainage of surface waters and/or low lying lands. 85 c. Sources of Water Supply There are two sources of water available to most communities: ground water resources and surface.water supplies such as reservoirs. The water supply source for the Town of Oriental and the adjacent planning area is derived from ground water supplies. The main source is the Castle Hayne Aquifer. Although ground water is the source of all water, the actual distribution of water does vary ranging from individual wells to a central water distribution system. In the past, there has been a real concern about lower ground water levels as a result of phosphate mining by Texas Gulf. Since the initiation of mining, ground water levels have been modified but at this time no significant impacts upon individual wells in the Oriental area have developed. Recent studies for the Ground Water Division of the North Carolina Department of Natural Resources and Community Development indicate that no problems should occur in the future since the Town of Oriental and Texas Gulf draw from separate acquiters which are only "in communication with each other". Data at NRCD (from Bill Jeeter) indicates that Oriental has a permit to draw up to 150,000 gallons per day (which amounts to one well pumping 100 gallons per minute). Records indicate that the Town's water use is approximately 33% to 40% of this level, and there, the Town could apply for an increase if the same pattern continues to 1985. d. Areas Where the Predominant Slop exceeds 12 Percent The topography plotted on flood -prone areas map indicates that other areas of greater than 12% slope occur only on the partially eroded shoreline of the creeks. I I m 2. Fragile Areas. Areas which could easily be damaged or destoyed by inappropriate or poorly planned development in the Town of Oriental and its district include the AFC's, creeks designated as primary nursery areas, archaeological sites and historic places. The Oriental planning area has none of the following: sand dunes along the outer banks; ocean beaches or shorelines; areas which sustain remnant species; areas containing unique geological formations; registered natural landmarks, prime wildlife habitats, scenic and prominent high points. 3. Areas with Resource Potential. Based upon the citizen's survey, available data, and the Town Board work - sessions, the most productive resources are commercial, recreational (retirement, sailing, and fishing), potential agricultural production, and potential forestry production. Potential and existing mineral production, and off -the -road vehicles were designated as insignificant in the planning area and merely discussed. a. Primary Nursery Areas As defined in the North Carolina Fisheries Regulations for Coastal Waters, 1981 (N.C. Department of Natural Resources and Community Development, Division of Marine Fisheries). Nursery areas are defined as those areas in which, for reasons such as food, cover, bottom type, salinity, temperature and other factors, young finfish and crustaceans spend the major portion of their initial growing season: 1. Primary nursery areas are those areas in the estuarine system where initial post -larval development takes place. These areas are usually located in the uppermost sections of a system where populations are uniformly very early juveniles. 2. Secondary nursery areas are those areas in the estuarine system where later juvenile development takes place. Populations are usually composed of developing sub -adults of similar size which have migrated from an upstream primary nursery area to the secondary nursery area located in the middle portion of the estuarine system. 87 The natural resources for this commercial base lie both inside and outside the planning area. The Division of Marine Fisheries has designated all waters upstream of a line from Windmill Point to a point on Whittaker Point (including Greens Creek, Kershaw Creek, Smith Creek, Camp Creek, Oriental Harbor, and Whittaker Creek)*.as.a "Prohibited Area" because of pollution (Source: Charles Jones, NRCD, May 28, 1982). This means that "no person shall take or attempt to take any oysters or clams or possess, sell, or offer for sale any oysters or clams taken from these waters at any time. Much of these waters are designated as primary nurseries and SA stream classification, both of which are designed to protect Oriental's contribution to commercial and recreational fishing in North Carolina. b. Commercial Forestry Historically, Oriental's third major phase of development was as a lumber mill town. Several mills began operation there during the early 19001s, with as many as five mills located along Camp Creek. The mixed pine and hardwoods which fostered this phase are still significant P gn in Pamlico County. Forestry is the largest land use county -wide, with forest products rising from $36,426 in 1964 and $47,885 in 1969, to $148,000 in 1974. Today, there are a number of large companies who own land in Pamlico County, near the Oriental planning area. These companies own 62,148.19 or 28.7% of the land area in the county. According to the County Land Use Plan, these companies conduct proper forestry activities and provide access to their landholding for hunters and other recreational activities. Thus, the forests are a multiple - valuable resource to the county and to the Oriental planning area. With respect.to this resource, the County supports the preservation of forestry lands and forestry management practices which do not substantially harm the environment. As an exception, the County conditionally supports the clearing of forests provided future use of the land will either improve the overall housing conditions or overall economic donditions of the area. Currently, there is no large scale commercial forestation occurring in the planning area of the Town of Oriental. The Land Use Map on page shows now wooded areas which may warrant designation for forestry production in future updates of this plan. Meanwhile, the Land Classification Map Page 66 includes regards for forestry production through designation in the "rural" area. C. Productive Agricultural Lands. 88 Historically, lumber milling, commercial fishing, and resortism/recreation have overshadowed agriculture's contribution to the local economy inside the Oriental planning area. Worksessions with the Town board disclose that today, corn and soybeans are significant crops in the area, as they are in the remainder of the County (accounting.for $3,873,000 and $780,000 total sales in 1980,, respectively). In 1980, Pamlico County was second in the state (behind only Pasquotank) for production of Irish Potatoes, accounting for $1,927,000 in total sales. Other crops of significance in the County are wheat for grain ($814,000); oats for grain ($23,000); and sorghum ($12,000). Pamlico County is economically dependent on the productive agriculture lands with the County (Pamlico County Land Use Plan, page ). In its Land Use Plan, the County policy supports the preservation of these lands for agriculture, noting that the limited soils often require the use of agriculture land for growth and development. The County, thus, support limited growth on agricultural lands that will (significantly) improve either.the overall housing conditions of the County or the overall economic conditions of the County. The Town Board of Oriental, while realizing the economic priorities toward other sectors of the economy, particularly commercial fishing and resortism/ recreation, wish to maintain the current significance of agricultural resources # the planning area. 89 1� F. Constraints: Capacity of Community Facilities. 1. Existing Water Service System. The Town's water system has two wells which each have the capacity to pump 200 gallons per minute or 144,000 gallons per day (rendering 288,000 gallons per day for the system). The elevated tank affords a reserve capacity of 75,000 gallons. Currently, the non -seasonal demand on the system is reported at from 50,000 to 60,000 gallons per day (21a of capacity), and 75,000 to 90,000 gallons per day seasonally (310 of capacity). The system, installed in 1975-76 is in good condition. The enclosed community facilities map presents the location of the distribution system. All but two streets inside the City Limits are served by the System, excluding the new subdivision now being constructed. 2. Wastewater System. The Town of Oriental has no central wastewater treatment system. Everyone is currently on individual septic tank. This represents a considerable constraint to future development, as pointed out in Section II. In its EPA 201 Study, Oriental investigated several alternatives. At that time, the construction of a low pressure collection system and all appurtenances was recommended. The type of treatment proposed was a waste stabilization lagoon followed by storage basin prior to disposal by spray irrigation. Because of delays in EPA funding and the expense of this alternative, other options are being pursued for funding to overcome this constraint to development. I I 90 3. School System. There are no educational institutions in the Oriental planning area. Schools serving the Town and their capacities are shown below: # Now Capacity by _Enrolled Capacity School Grades Teachers Design 1981 In Use Arapahoe K-8 11 225 255 1.13 Bayboro K-4 29 700 625 .89 5-8 35 800 602 .75 9-12 48 600* 652 1.08 * 700-750 with Mobile Units. The Pamlico County Board of Education projects no growth in student population over the next five years. 4. Roads . . The transportation infrastructure is comprised of roads which are both paved and unpaved. Within the corporate limits of Oriental are only two streets unpaved. The following is an assessment of the primary and secondary roads in the County, of which those in the Oriental Planning Area are typical. (Source: Pamlico County Land Use Plan, 1980): 91 "Pamlico County does not have an extremely well developed primary or secondary road system. Highways 55, 304, and 306 form the primary road network for the County. As of January, 1978, there were a total of 187.79 miles of paved roads and 75.03 miles of unpaved roads in the County. This included 47.53 miles of rural primary roads. Access to the County is limited due to the confluence of the Neuse and Pamlico Rivers into the Pamlico Sound. The major access is by Highway 55 which runs east -west from New Bern to Bayboro where it turns to the south and terminates in Oriental." The secondary road system of Pamlico County is also not well developed due to the quality of land in certain portions of the County as well as the 119.35 sparce population. The secondary road system is made up of miles of paved rural secondary road and 71.9 miles of unpaved rural secondary roads. The secondary road system is most densely developed around the growth center! of the County." "The road system for the County is not well developed although it is development in the considered adequate to serve both existing and projected County. Access is a primary factor which limits the potential of Pamlico County and it would be very expensive to span the Neuse and Pamlico Rivers to improve egress and ingress to Pamlico County. Should these bridges be built, the thoroughfare plan calls for the rerouting and four-laning of Highway 306. Currently, the most highly used section of road in Pamlico County is along Highway 55 between Grantsbgro and Alliance with an average daily traffic count of 4,500. This is well within the design capacity of this road." Source: Pamlico County Land Use Plan, 1980, p. 81. 92 Estimated Future Demand. G. There are several important reasons their future land use needs. Among why the Town of them: the need Oriental should determine to assure an adequate quality of land is set aside for future growth (i.e. for residential, commercial and industrial uses). Second, that adequate public facilities and services are provided to meet anticipated growth. Third, that Oriental is assured of a sound fiscal base (through a growing tax base) for the continued operation of the Town. As emphasized below, the primary factor for determining demand for land and services is projected population. 1. Population Projections.. The following analysis and projections take into account the Town limits area and the entire Planning Area. I tI I I 1 I i I I IN a. Town of Oriental. Projections of population in a seasonal area like Oriental are tenuous, especially when the historical trends vary as significantly as do those of Oriental. CHART 1 Historical Population Town of Oriental Source: U.S. Census As seen in Chart 1, the Town's population dropped 31% (from 645 to 445) between 1910 and 1970, and showed a dramatic increase of 20% (from 445 to 536) over"the last'ten years. The Town's early economic role of lumber milling followed by commercial fishing experienced declines in population, whereas the newer role of a resort and sailing center are attributed the increase. In projecting such historical data into the future, caution must be used in selection of a starting point (base year). If we assume that the fluctuation of the past 70 years will continue (that is, if 1910 is used as a base year), the Town's population is expected to be only 470 in 1990, dropping further to 452 in 2000. 11 I 1 94 This declining rate is explained by the drop in the early part of the base data. However, if the Town's trend between 1960-1970 is projected, the population in 1990 is expected to be 513, and in 2000, to be 520. Thus a stable, though slightly lower population is projected. However, given the recent change in the role of the community in the last 10 years, projections of the last decade's experience renders a substantially larger 1990 population of 646 and of 777 in the year 2000. It is likely that the trend experienced between 1910 and 1960 will not continue. It is also likely that with today's interest rates and other elements of the economy, the rapid rate of growth experienced in 1970-80 will level off. Using the past 20 years for balance rather than the past ten, the populat;on of the Town of Oriental is projected for 1990 to be 5132 and in 2000 to be 520. b The Oriental Planning Area. Projections for the entire planning area are a different matter, as noted by McDavid Associates in the CPA 201 study. Since the 201 area is very similar to the Land Use Plan area, the population projections presented in that study are adopter; here. The permanent population in the Oriental 201 area is expected to increase by approximately 176 people within the 20 year planning period while the seasonal population is expected to increase by larger numbers. It is estimated that the summer population at the present time on weekends reaches 1,100 people. Based on OBERS Series "E" population projections, the population of the Oriental 201 Area may be projected as follows: Permanent Date Summer Population Oriental "201" Area* 1960 - 708 1970 --- 674 1980 1,000 720 1990 1,250 770 2000 1,400 850 *Projected by N.C. Local Planning Unit By subtracting the aforementioned Town projection from those of the planning area, we find the area inside the planning area (but outside the Town itself) is expected to be the focus of growth*in the near future. With the Town projected to'.remain stable, at least.in its permanent.population, the balance is projected to increase 33% by 1990. It is of interest to note the projection of seasonal population which is expected to increase 25% by 1990 in the planning area. 95 2. Future Land Need. Given the above projections, the Town of Oriental can anticipate an overall population of about 2,250 by the year 2000, 62% of which would be seasonal. Based upon this projected growth, results from the town -wide survey and "existing land use" inventory, the Town Board held work sessions whereby the Land Classification Map was developed. Within the entire Plannina Area (less water bodies)', there exists approximately 2,200 acres of land and of this, half are contained within the Town limits. As indicated in Table 1, there remains about 850 acres of vacant land within the Planning Area. Table 1 ' Land Use Allocation by Land Classification Land Classification Vacant Acres Total Acres Developed Town Core 45 AC 180 AC Waterbased 5 AC 20 AC Transition 800 AC 900 AC Rural . N/A 1100 AC Conservation - - Total Planning Area 850 AC 2200 AC Note: Water bodies not inventoried and 75 foot setback requirement included within other districts listed. Capacity of the Town (as measured by the Developed and Transition Land Classes) and its housing stock to support demand for population is presented in Table 2. fTable 2 New Housing Unit Potential Selected Vacant Less Lot New Unit 20% Commercial District Acres _Average Streets Size Potential Develop. Assump. Developed 45 -20% 15000-sq. ft. 105 84 Transition 800 -15% 22500 sq. ft. 1316 1053 TOTAL 1421 1137 Given a 2.16 persons per household size and a 5% vacancy rate, the new housing unit potential could accommodate an additional population of approximately 2900. This figure together with an existing population of 1220 indicates that the Town could house a population of 4620 (at build -out) within the Planning Area under the proposed land use classification system. Even if we assume 20% of the land will convert to commercial use as is encouraged under this plan, the Town could still accommodate a population of about 4053 persons. The projected housing need for the year 2000 is only for 2250 persons, hence a surplus of 880 housing units or 1800 people accommodated (a 22% surplus). 3. Community Facilities Demand. The Town has an abundance of groundwater for high volume users looking for a location. The Town's water supply is from wells with a maximum daily capacity of about 1000 GPD and an elevated storage capacity of 75,000 gallons. Sewage is treated by individual septic tank systems. Further study is required to -determine the adequacy of septic tanks to handle the projected growth. 97 1 V. APPENDIX ' 1. Excerpts of CAMA Regulations 15 NCAC7H for Coastal Wetlands, Estaurine Waters, Public Trust Waters and Estaurine Shorelines 2. Letter from Pamlico County designating Town of Oriental as CAMA planning jurisdiction 3. Citizen Survey questionnaire,December 1981 ' 4. Checklist for Land Use Plan IS. Synposis 1 1 1 1 I 1 E 98 Ll NRSCD - COASTAL dANAGEMENT 7H .0200 Eff. September 9, 1977.. .02U4 AECs WITHIN THE ESTUARINE SYSTEM The following regulations in this Section define each AEC within the estuarine system, describe its significance, articulate the policies regarding development, and state the standards for development within each AEC. History Note: Statutory Authority G.S. 1.13A-107 (a) 113A-107 (b) ; Eff. September 9, 1977. .0205 COASTAL WETLANDS _(a) Description. Coastal wetlands dre defined as any salt marsh or other marsh subject to regular or occasional flooding by tides, including wind tides (whether or not the tide waters reach the marshland areas through natural or artificial watercourses), Frovided this shall not include hurricane or tropical storm tides. t-oastal wetlands contain some, but not necessarily all, following marsh plant species: (1) Cord Grass (Spartina alternitlora), (2) Black Neealerush (Juncus roemerianus), (3) Glasswort (Salicornia spp.) , (4) Salt Grass (Distichlis spicata) , (5) Sea Lavender (Limonium spa.), (6) culrush (Scirpus spp.), (7) Saw Grass (Cladium jamaicense), (8) Cat -tail (Typha spp.), (9) salt deadow Grass (Spartina patens) , (10) Salt Reed Grass (Spartina cynosuroides) . of the Included in this definition of coastal wetlands is "sued ' ccutiguous land as the Secretary of NRSCD reasonanly deems necessary to affect by any such order in carrying out tni: LU rposes of this Section." [G. S. 11 3-230 (a) 1 A r St)) Significance. The unique productivity or the estuarine system is supported by detritus Sdecayed plant material) an 1 nutrients that are exported tram the coastal marshlands. The amount of exportation and degree of importance appears to be variable from marsh to marsh, de Fending primarily upon its irequency of inundation and inherent characteristics of thy: vsriuus plant species. Without the marsh, the high productivity levels and complex food chains typically found in the estuaries cjuid not LI-le maintained. :Ian harvests various aspects of this productivity wnen ae Lishes, hunts, and gathers shellfisn from the estuary. Estuarine dependent species of fish and shellfish such as menhaden, shrimp, NORTH CARCLINX AD31NISTRATIVE CODE 12/01/80 7-7 207 209 211 212 213 216 217 218 220 222 2.23 224 225 126 227 229 230 231 232 233 234 235 23b 237 238 240 241 Z42 243 244 245 24u 247 248 24*3 25o 99 A NRSCD - COASTAL MANAGEMENT 7H .0200 flounder, oysters, and crabs currently make up over 90 percent of 251 the total value of North Carolina's commercial catch. The 252 ' marshlands, therefore, support an enormous amount of commercial and recreational businesses along the seacoast. 253 The roots, rhizomes, stems, and seeds of coastal wetlands act'255 as good quality waterfowl and wildlife feeding and nesting 256 ' materials. In addition, coastal wetlands serve as the first line 257 of defense in retarding estuarine shoreline erosion. The plant ' stems and leaves tend to dissipate wave action, while the vast network of roots and rhizomes resists soil erosion. In this way, 258 259 the coastal wetlands serve as barriers against flood damage and control erosion between the estuary and the uplands. 260 _larshlands also act as nutrient and sediment traps by slowing 262 ' the water which flows over them and causing suspended organic and 263 inorganic particles to settle out. In this manner, the nutrient 264 storehouse is maintained, and sediment harmful to marine ' crganisos is removed. Also, pollutants and excessive nutrients 265 are absorbed by the marsh plants, thus providing an inexpensive 266 water treatment service. ' 1c) To give Liyhest priority to the 268 269 protection and maage nment o coastal wetlands so as to safeguard and perpetuate their biological, social, economic and aesthetic values; to coordindte and establish a management system capable 270 of conserving and utilizing coastal wetlands as a natural 271 resource essential to the functioning of the entire estuarine system. 272 ' 1d) Use Standards. Suitable land uses shall be those 273 consistent with the management objective in this Rule. Highest 274 priority of use shall be allocated to the conservation a: existing coastal wetlands. Second priority of coastal wetland 275 use shall be given to those types of development activities that 276 require water access and cannot function elsewhere. Unacceptable land uses may include, but would not be limited 277 ' to, the following examples: restaurants and L-usinesses; i76 residences, apartments, motels, hotels, and trailer parks; E•arking lots and private roads and nignways; and factories. t79 ' Examples of acceptable land uses may include utility easements, 280 fishing piers, docks, and agricultural uses, such as farming and forestry drainage, as permitted under North Carolina's Dredge and 281 fill Act and/or other applicable laws. ' In every instance, the particular location, use, and design 282 characteristics shall be in accord with the general use standards 283 for coastal wetlands, estuarine waters, and public trust areas ' described in'Rule .0208 of this Section. 284 History Note: Statutory Authority G.S. 11 3A-1 07 (a) ; 287 ' 113A-107 (b); 11iA-113(b) (1) 288 r NORTH CAROLINA ADMINISTRATIVE CODE 12/01/80 7-3 100 i C Lj NRSCD - COASTAL MANAGEMENT 7H .0200 Eff. September 9, 1977; 289 Amended Eff. January 24, 1978. 290 .0206 ESTUAFINE WATERS 292 Sa) Description. Estuarine waters are defined in G.S. 113A- 294 113 (b) (2) as "all the water of the Atlantic Gcean within the 295 bjundary of North Carolina and all tue waters of the bars, sounds, rivers, and tributaries thereto seaward of the dividin j 296 line between coastal fishing waters and inland fishing craters, as 297 set forth in an agreement adopted by the Wildlife Resources Commission and the Department of Natural Resources and Community 298 Development filed with the Secretary of State, Entitled 'Boundary 299 Lines, North Carolina Commercial Fishing -- Iniand Fishing 30U w aters,' E.evised to March 1, 1965." ,ib) Significance. Estuarine waters are the dominant compon(:nt 302 and bonding element of tue entire estuarine: system, iategratin3 303 aquatic influences from both the land and the sea. Estuaries are 304 among the most productive natural environments or North Carolina. gaey support the valuable commercial and sports tisueries of tiie 305 coastal area which are comprised of estuarine 3ependeut species 3U0 such as menhaden, flounder, shrimp, crabs, and aysters. Tues,: species must spend all or some part of their life cycle witnin 307 the estuarine waters to mature and reproduce. of the 10 lea iin3 30y species in the commercial catch, all but one acL- dependent on the. estu.sry . IlLis nigh productivity associated with tre estuary results tr-)in 310 its unique circulation patterns caused uy tidal e1,cr3j,. fresh :i11 water. flow, and shallow depth; nutrient trdppir,3 mec,7anisms; and J12 Protection to the many organisms. The circulation of estuarine: waters transports nutrients, .2ropels plankton, spreads seed 313 stages of rish and shelltish, flushes wastes from animal anJ plant life, cleanses the system of pollutants, controls salinity, 314 shirts sediments, and mixes the water to create a multitude at 315 habitats. Some important features of the estuary include mud and sand flats, eel grass beds, salt marshes, suLmergeu vegetation 31t, flats, clam and oyster beds, and important nursery areas. 317 Secondary oenetits include the stimulation ut the coastal 319 Economy from the spin off operations required to servic-a 320 commercial and sports fisheries, waterfowl nuntiny, marinas, boatyards, repairs and supplies, processing aperatians, and 321 tourist related industries. In addition, there is considerably j22 i,onmonetary value associated with aesthetics, recreation, and education. Sc) Management Object-- _ivP To give the hignest priority to the 324 conservation and management_ of the important features of 325 estuarine waters so as to safeguard and perpetuate their t,iological, social, aesthetic, and economic values; to coordinate 32b NORTH CARCLINA ADMINISTRATIVE CODE 12/01/80 7-9 101 NRBCD - COASTAL MANAGEMENT Ili .U2UO ar,d establish a management system capable of conserving and 327. utilizing estuarine waters so as to maximize their benefits to 328 man and the estuarine system. Sd) Use Standards. Suitable land/water uses shall be those 329 consistent with the management objectives in this Rule. Higi,est 330 priority of use shall be allocated to the conservation of (-stuarine waters and its vital components. Second priority of 331 estuarine waters use shall be given to those types of development 332 activities that require water access and use which cannot tunction elsewhere such as simple access channels; structures to 333 channels; coat docks, marinas, piers, 334 prevent erosion; navigation wnarts, and mooring pilings. instance, the particular location, use, and designj35 In every characteristics shall be in accord with the 3eneral use standards 336 rot coastal wetlands, estuarine waters, and public trust areas 337 described in Regulation .0208 of this Section. tiI.story Note: Statutory Authority G.S. 113A-1 07 (a) ; 34C 341 113A- 107 (b) -; 1 13A-113 (b) (2) ; ' Etf. September 9, 1977; 341 343 Amended Eff. January 24, 1978. .U207 PUBLIC TRUST' AREAS Description. public trust areas are -xll waters at to-: 145 347 \ _(a) Atlantic Ocean and the lands thereunder from the mean iii3n water 348 m"rk to the seaward limit of state jurisdiction; ,ell c�aturai bodies of water subject to measurable lunarand laids navisa natural mark; 9 �' 4 3St t.nereunder to the mean high water lands thereunder to the meal, ni.1h water level Ladies of water and :1r mean water level as the case may be, except privately-)wne:i in 351 352 i"kes to which the public tLas no rignt of access; all water artificially created bodies of water containing slinitic 'in t. 353 iublic fishing resources or other public resources whichr are in 354 accessit) le to the public by navigation from bodies of water in 355 ,.nice tue public nas rights of navigation; and all waters in which the public Las artificially created bodies of water or 35, acquired rights by prescriptiou, custom, usage, dedication, acquired any other means. In determining whether the public nas the tollowintl 357 rights in artificially created bodies of water, factors shall be considered: of the body of water by the puolic, 359 (1) the use (2) the length or time the public has used the area, 360 (3) the value of public resources in the body or water, 361 S4) whetner the public resources in the b3dy of water at - 363 364 mobile to the extent that they can move into natural bodies of water, I140RIii CAROLINA ADMINISTRATIVE CODE 12/01/80 7-10 102 .. NRSCD - CCASTAL MANAGEMENT 7H .0200 15) whether the creation of the artificial body of crater 365 required permission from the state, and 366 S6) the value of the body of water to the public for 367 navigation from one public area to another public area. 368 sb) Significance. The public haE rights in these areas, 370 including navigation and recreation. In addition, these areas 371 support valuable commercial and sports fisheries, nave aesthetic value, a, sources for economic development. 372 _� Sc)s To protect public rights for 373 navigation and recreation and to preserve and manage the public 374 trust areas so as to safeguard and perpetuate their biological, economic and aesthetic value. 375 ld) Use Standards. Acceptable uses shall be those consistent 376 with the management objectives in Sc) of this Rule. In the 377 absence of overriding public benefit, any use which significantly interferes with the public right of navigation or othar public 378 trust rights which the public may be found to have in these areas 379 shall not be allowed. The development of navigational channels cr arainage ditches, the use of bulkheads to prevent erosion, and 380 the building of piers, wharfs, or marinas are examples of uses 381 that may be acceptable within public trust areas, provided that such uses will not be detrimental to the public trust rignts and 382 the biological and physical tuucti:)ns or the estuary. Prijects jP3 which would directly or indirectly block or impair existin3 384 navigation channels, increase shoreline erosion, depcsit spoils telow mean high tide, cause adverse water circulation patterns, 385 violate water quality standards, or cause degradation of 386 shellfish waters are generally considered incompatibly; with the management policies of public trust areas. In every instance, 387 the particular location, use, and design characteristics shall u,_ 3P8 in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas. 3811 ifi story NotP: Statutory Authority G.S. 113A-107 (a) ; s92 113A-107 (b) ; 113A-113 (b) (5) 393 Eff. . September 9, 1977. 394 .02.08 USE STANDARDS 396 (a) General Use Standards 397 s1) Uses which are not water dependent will iiat be 39, permitted in coastal wetlands, estuarine waters, and 400 public trust waters. Restaurants, residences, apartments, motels, hotels, trailer parks, private 401 roads, factories, and parking lots are: examples of uses that are not water dependent. Uses that art water 402 dependent may include: utility easements; ducks; 4U-i wharfs; boat ramps; dredging; Dridges and bri:ige r NCRTH CAEOLINA ADMINISTRATIVE CODE 12/01/80 7-11 103 1 I] 1 NRSCD - CCASTAL MANAGEMENT 7H .0200 approaches; revetments, bulkheads; culverts; groins; 404 navigational aids; mooring pilings; navigational channels; simple access channels and drainage ditches. 405 S2) Before being granted a permit by the CRC or local 406 permitting authority, there shall be a finding that tae 407 applicant has complied with the following standards: 1A) The location, design, and need for development, as 409 well as the construction activities involved must 410 be consistent with the stated management objective. ,(B) Before receiving approval For location of a use or 411 development within these AECs, the permit -letting 412 authority shall find that no suitable alternative site or location outside of the AEC exists for the 413 use or development and, further, that the applicant has selected a combination of sites and 414 design that will have a minimum adverse impact upon the Productivity and biologic integrity of 415 coastal marshland, shellfish beds, submerged grass beds, spawning and nursery areas, important 416 nesting and wintering sites for waterfowl and wildlife, and important natural erosion barriers 417 (cypress fringes, marshes, clay soils) . IC) Development shall not violate water and air 418 quality standards. 419 1D) Development shall not cause major or irreversit-l•: 420 damn ge to valuatle documented archaeological or 421 historic resources. 1E) Development shall not measurably incro-ase 422 siltation. . . 423 1F) Development shall not create stagnant water 424 _bodi es. 425 1G) Development shall be timed to nave minimum adverse 426 significant affect on life cycles of estuarine 427 resources. SH) Development shall not impede navigation or create: 428 undue interference With access to, or use of, 429 public trust or estuarine waters. SI) Development proposed in estuarine waters must alZ:) 430 ne consistent +rite applicable standards tar the 431 ocean hazard system AECs set forth in Section .0300 of this Subchapter. 13) when the proposed development is in conziict with toe 431 general or specific use standards set forth in this 434 Hule, the CRC may approve the development if ta+ applicant can demonstrate that the activity associated 435 witn the proposed project will have public tenerits as NCRTH CAROL1,NA ADMINISTRATIVE CODE 12/01/80 7- 12 104 FRECD - COASTAL dANAGEMENT 7H .0200 identified in the findings and goals of the Coastal 436 Area 11anagement Act, that the public benefits clearly 437 outweigh the long range adverse effects of the project, that there is no reasonable and prudent alternate site 438 available for the project, and that all reasonable means and measures to mitigate adverse impacts of the design 439 project have been incorporated into the project and will be implemented at the applicants expense. 440 These measures taken to mitigate or minimize adverse 441 impacts may include actions that will: 1A) minimize or avoid adverse impacts by limiting the 443 magnitude or degree of the action; 444 445 1 B) restore the affected environment; or 1C) compensate for the adverse impacts by replacing or 447 providing substitute resources. 448 1b) Specific Use Standards 11) Navigation Channels, Canals, and Boat Basins. 450 452 Navigation channels, canals and boat basins must be 453 aligned or located so as to avoid highly productive shellfish beds, beds of submergent vegetation, or 454 r6gularly and irregularly flooded marshes. J2) Hydraulic Dredging SA) The 'terminal end of the dredge pipeline should be 455 457 positioned at a distance sufficient to preclude 458 erosion of the containment dike and a maximum distance from spillways to allow adequate 459 settlement of suspended solids. jB) Dredge spoil must be either confined on nigh 460 ground by adequate retaining structures or it the 461 material is suitable, deposited on beaches for purposes of renourishment, with the exception of 462 (G) of this Subsection (b) (2) . 1C) Confinement of excavated materials shall be oc� 463 high ground landward of re:3ularly and. irregularly 464 flooded • marshland and with adequate soil stabili za'tion measures to prevent entry of into the adjacent water bodies or marsh. 465 sediments 1D) Effluent from diked areas receiving disposal troy hydraulic dredging operations must be contained by 466 467 ' pipe, trough, or similar device to a point vegetation or, There local 468 waterward of emergent conditions require, below mean low water. �E) When possible, effluent from diked disposal areas 469 shall be returned to the area being dredged. 471 47L 1F) A water control structure must be installed at tue intake end of the effluent pipe. NORTH CAROLINA ADMINISTRATIVE CODE 12/01/80 7-1J P 105 d NRSCD - CCASTAL MANAGEMENT 7H .0200 SG) Publicly funded projects will be considered by 473 review agencies on a case by case basis with 474 respect to dredging methods and spoil disposal. JH) Dredge spoil from closed shelltisa waters and 475 effluent from diked disposal areas used when dredging in closed shellfish waters shall be 476 returned to the closed shellfish waters. 477 13) Drainage Ditches 478 1A) Drainage ditches located through any marshland by four feet deep 480 481 shall not exceed six feet wide (from ground surface) unless the applicant can show that larger ditches are necessary for 482 adequate drainage. 1B) Spoil derived from the construction or maintenance 483 of drainage ditches through regularly flooded 484 marsh must be placed landward of these marsh areas that of 485 in a manner that will insure entry sediment into the water or marsh will not occur. Spoil derived from the construction or maintenance 486 of drainage ditches through irregularly flooded marshes shall be placed on non -wetlands wherever 487 feasible. Non -wetland areas include relic JC) disposal sites. Excavation of new ditches through high ground 488 shall take place landward of a temporary earthen 489 plug or other methods to minimize siltation to 1D) adjacent water bodies. Drainage ditches shall not have a significant 490 adverse effect on officially designated primary 491 nursery areas, productive snelltisa beds, submerged grass beds, or other documented 492 important estuarine habitat. Particular attention should be placed on the effects of freshwater 493 inflows, sediment, and nutrient .introduction. Settling -basins, water gates, retention structures 494 are examples of design alternatives that may be used to minimize sediment introduction. 495 S4) Nonagricultural Drainage 496 SA) Drainage ditches must be designed so that 498 restrictions in the volume or diversions of flow 499 are minimized to both surface and ground water. SB) Drainage ditches shall provide for the passage of 500 migratory organisms by allowing free passage of .501 water of sufficient depth. SC) Drainage ditches shall not create stagnant water 502 pools or significant changes in the velocity of 503 flow. ,i Tf NOFT H CA OLINA ADMINISTRATIVE CODE 12/01/60 7-14 ^ 106 hRECD - CCASTAL dANAGENENT 7H .0200 JD) Drainage ditches shall not divert or restrict 504 water flow to important wetlands or marine 505 habitats. 15) Marinas - 506 LA) Marinas shall be developed on non -wetland sites or 508 in deep waters (areas. not requiring dredging) and 509 shall not disturb valuable shallow water and wetland habitat, except for dredging necessary for 510 access to high ground sites. jB) Privately -owned marinas which involve use of 511 public bottoms and waters snall not be permitted 512 unless adequate compensation is made to the public by purchase of an easement from the state. These_513 easements should be for a limited period. This requirement shall be met by showing compliance 514 with state laws and regulations regarding easements over public waters. SC) czarinas shall: (i) be designed to minimize use of 515 public waters by encouraging an appropriate mix of 516 dry storage areas, public launching facilities, and berthing spaces; (ii) provide adequate pump- 517 out stations for wastewater disposal from boats; and jiii) demonstrate the iaplementa tion of all 518 necessary means and measures to minimize the impact of pollutants likely to be emitted by the 519 operation of the marina and attendant vessels upon the natural systems. 520 1D) Marinas shall be designed to minimize adverse 521 effects on navigation and public use of waters 522 while allowing the applicant adequate access to deep waters. 16 ) Docks and Piers 523 jA) Docks and. piers snall not significantly interfere 525 with flows. 526 _LB) _water To preclude the adverse effects of shading marsh 527 vegetation, structures which are built over 528 vegetated marsh shall not exceed six feet in width, except that "T"s or platforms at the 52S waterward end are not restricted to these dimensions but cannot have a total area of more 530 than 500 square feet. 1C) The structure must not present a navigational 531 hazard and must not, except where necessary, 532 extend any closer than 80 reet trom the edge of a federally maintained channel. Piers shall be 533 designed to minimize adverse effects on navigation NORTH CAROLINA ADMINISTRATIVE CODE 1-2/01/80 7-15 I 107 NRSCD - CCASTAL MANAGEMENT 7H .0200 and public use of waters, while allaying the 534 applicant adequate access to deep waters. 535 S7) Bulkheads and Shore Stabilization Measures of shoreline 537 SA) Bulkhead alignment, for the purpose stabilization, must approximate areas nigh water or 538 normal water level. Bulkheads shall be constructed landward of 539 _(B) significant marshland or marshgrass fringes. 540 541 SC) Bulkhead fill material shall be obtained from an 542 approved upland source, or if the bulkhead is a part of a permitted project involving excavation so obtained 543 from a non -upland source, the material may be contained behind the bulkhead. Bulkheads or other structures belev approximate 544 SD) mean high water or normal water level for the 545 purpose of reclaiming land lost to erosion shall identifiable 546 be Permitted only where there is an to 547 erosion problem. Where such a problem is snows to have eroded in the exist, only the area shown year from time of application may be 546 previous JE) bulkheaded and filled. anions, or Where possible, sloping rip -rap, g 549 vegetation may be used rather than vertical 550 seawalls. ciistory Note: Statutory Authority G.S. 113A-107 (a) 553 113A-107 (b) ; 113A-113 (b) ; 554 Eff. September 9, 1977; 555 Amended Eff. August 6, 1979 ; June 1, 1979. 556 108558 .0209 ESTUARINE SHORELINES 1d) uationale. As an AEC, estuarine shorelines, although 560 characterized as dry land, are considered a component of the 5b1 estuarine system because of the close association with tha adjacent estuarine waters. This Section defines estuarine 562 shorelines, describes the significance, and articulates standards 563 tot development. 1b) Description. _L-,tu r Le Shnr eI i n e s are those` non ocean 564 shorelines which are es ecially vulnerable to erosion, 5a5 or o a verse effects o win6 and water and are intimately hign 566 to the estuary. This area extends from the mean _connected water level or normal water level along the estuaries, sounds, 567 bays, and brackish waters as set forth in an agreement adopted by 568 the wildlife Resources Commission and the Department of Natural hesources and Community Development [described in Regulation 569 .0206 (a) of this Section] for a distance of 75 feet landward. 570 NURT11 CAROLINA ADMINISTRATIVE E 12/01/80 7-16 1 I 1 I 109 I I 1 NRUCCD - COASTAL MANAGEMENT 7H .0200 1c) Significance. Development within estuarine shorelines 571 influences the quality of estuarine life and is subject to the 572 damaging processes of shore front erosion and flooding. 1d) danagement Objective. To ensure shoreline development is 573 compatible With o t e _ynamic nature of estuarine shorelines 574 dnd the values of the estuarine system. je) Use Standards 575 11) All development projects, proposals, and designs shall 5.77 substantially preserve and not weaken or eliminate 578 natural barriers to erosion, including, but not limited 579 to, peat marshland, resistant clay shorelines, cypress - gum protective. fringe areas adjacent to vulnerable 58U shorelines. 12) All development projects, proposals, and designs shall 581 limit the construction of impervious surfaces and areas 582 not allowing natural drainage to ouly so much as is necessary to adequately service the major purpose or 583 use for which the lot is to be developed. Impervious 584 surfaces shall not exceed 30 percent of the AEC area of the lot, unless the applicant can show teat such a 585 limitation will allow no practical use to be made of the lot. 13) All . development projects, proposals, and designs shall 586 comply with the following mandatory standards of the 587 North Carolina Sedimentation pollution Control Act of 1973: jA) All development projects, proposals, and designs shall provide for a buffer zone al0119 tae margin of the estuarine water which is sulticie"t to confine _visible siltation within 25 percent of the b ffer zone nearest the land disturbing 589 590 591 u development. 1B) No development project proposal or design shall is 592 593 permit an angle for graded slopes or rill which greater - than an angle wnicu can be retained by vegetative cover or ether adequate erosion -control 594 devices or structures. 1C) All development projects, proposals, and designs 595 which involve uncovering more than one acre of 596 land shall plant a ground cover suzficient to restrain erosion within 30 working days of 597 completion of the grading; provided tuat this shall not apply to clearing land for the purpose 598 of forming a reservoir later tj be inundated. 14) Development shall not have a significant adverse impact 600 on estuarine resources. 601 INORTH CAROLINA ADMINISTRATIVE CODE 12/01/80 7-17 I 110 • 6RECD - COASTAL tlANAGEtlENT 711 .0200 Development shall not significantly interfere with 602 _(5)P existing public rights of access to, or use of, 603 navigable waters or public resources. 16) No major public facility shall be permitted it such 604 facility is likely to require extraordinar.X public 605 expenditures for maintenance and continued use, unless it can be shown that the public purpose sbrved by the 606 facility outweighs the required public expenditures for 607 construction, maintenance, and continued use. For the purpose of this standard, "public facility" shall mean 608 a project which is paid for in any part by public 17) f und.s. In those instances where ground absorption sewage 609 disposal systems may legally be placed less than 100 610 feet from the mean or normal high water mark of any waters classified as S.A., such systems shall be 611 permitted only if: The nitrification lines are separated from the 613 .(A) seasonal high ground water by a minimum of 30 614 inches of suitable or provisionally suitable soil; and 1u) It meets all the other applicable lows and rules 615 for ' ground absorption sewage disposal systems 616 adopted by the North Carolina environmental management; and 1C) This Rule shall apply to ground absorption sewage 617 disposal systems installed after March 1, 1981. 616 18) Development shall not cause major or irreversible 620 damage to valuable, documented historic srcnitectural 621 or archaeological resources. History Note: Statutory Authority G.S. 113A-107 (b) ; 624 113A-106;(a) ; 113A-113 (b) ; 625 Ett. September 9, 1977; 62U Amended Eft. JunE 1, 1980; October 23, 1979; 627 August 29, 1979; June 1, 1979. 628 INOPTh CAROLINA ADMINISTRATIVE CODE 12/01/80 7—lei L � •111 Stnte of North Carolina rn . COUNTY OF PAMLICO P. 0. BOX 186 BAYBORO 28515 September 21, 1981 • The Honorable Ed Bailey Mayor Town of Oriental Oriental, North Carolina 28571 Dear Mayor Bailey, The Board of Coamisaioners'of Pamlico County interposes no objections to the Torn of Oriental being designated as a Coastal Management Act Planning Jurisdiction. r IArea r • F Sincerely, ,;`' a• - r "Wrt A. Paul, ChaP Board of CosivsLbners ' AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER 112 TOWN OF ORIENTAL jORIENTAL, N. C. 28571 .it' Felluw Residents of the 'ruwn of l Ur ' ental and its une mile planning jurisdiction: lie Town of Oriental is currently undertaking the development of a Land Use Plan, as squired under the Coastal Area Management Act. This plan will serve as a guide by the own of Oriental, the County, developers, and state and federal agencies in making decisions )ncerning development activities in our town over the next 10 years. long with the Town Board of Commissioners, I am seeking your opinions in the development f our Land Use Plan. Please take a few minutes to complete the attached survey and return L to me by December 10, 1981. Please rest assured that your responses will remain onfidential. tank you in -advance for helping us with this survey. It's important that we learn what I)u think as we begin our planning work. incerel , twin P. Ba;**V, Mayor Own of Oriental ------------- - ---- - ------ BACKGROUND 1. Are you presently a resident of Oriental? Yes No ..of its one —mile vicinity? Yea ; No 2. Give total number of years you have lived in the town or within one mile of the town limits. 3. Which of the following applies -to you -(check one): Year—round resident Seasonal resident ; Own real property in the town 4. Do you work in Oriental? Yea ; No_ : Do you work outside Oriental but within Pamlico County? Yea ; No If neither, where do you work? S. What do you like moat about the Town of Oriental? I I DEVELOPMENT ISSUES 113 1. Please indicate your feelings regarding the seriousness of each of the following issues for your community using these responses: "No" means not a problem in my community "Moderate" means a moderate problem in my community "Serious" means a very serious problem in my community 1 EXTENT OF PROBLEM (check one) C NO MODERATE SERIOUS a. Adequacy of commercial development k 9 A -TIVO b. Further development of commercial docks J�.B 01.7 141 C. Amount of industrial development g)e d. Availability of adequate housing 4 3 y -at 1 e. Mobile home development • 4.1 x f. Presence of dilapidated and unsafe: buildings Add i1 poi g. Septic tank failure 1 11 h. Incompatible uses of land next to each other -a � •� ly i. Protection of cultural and Historical assets CD j. Drainage of surface water and of low lying lands �,� �. 3l • y�2 .2 k. Damage to wooded wetlands jot �y 1. ^—_ Excessive erosion 111. 34YA .�3X M. I call cation of Neuse River �� J-8 e j [I. Lack of _coordination �Zmnntl tlovernment regulation►:, -j)R 194 regarding waterfront development .1. other (please state) DIRECTIONS FOR THE FUTURE 1. Are you pleased with the direction the Town of Oriental's development is taking? �••r Yesfa; (would like No_3,l. Write the reasons you are to see in the next ten years: pleased, or indicate the changes you 2. In your significant 0 /6 view, which areas in fhe community are likely to experience change in land use in the p&% ten years? (check one): lfftest to agriculture38;. residential to commercial(; agricultural to industrial; other (specify) - a I I 114 1 3. Which of the following activities should be encouraged over the next ten yeaV4?% and how much? (check one) ACTIVITY F NONH:c:tt MODE. RATl: AMOUNT SIGNIFICANT AMOUNT a. Historic and cultural attractions U y b. Light industry to employ local persons %`1 gal C. Protection of agricultural land i ,j D d. Protection of natural resources and wildlife e. Residential development 179 f . Commercial development XR 1 ?„ g. Mobile home parks X • h. Public recreation facilities l i. Other L i 4. Are there services which you would like for the, Town to rovide that it currently does not provide? (please specify) A s. In your opinion, which of the fallowing should the Town adopt as its policy for population growth ing the next ten y�ta? (check one) Su antial increase ;1S Small increase; main same size.2R ; educe population�fnLp,�.in�il�� 6. in your opinion, what areas within the Town and within one mile of the Town limits ahould be preserved over the next ten years? (Please identify as specifically as possible) 7. Specifically, what are any other issues or concerns that you have about the future of Oriental? ' ns concerning this questionnaire or the Town's band Use Planning i you have any questions g tivities, please call Edwin Bailey (249-1051) or Rex Todd, Planning & Design Associates, A., (919) 781-9004. lank you for your help. Please return this questionnaire in the enclosed envelope by c.ember 10, 1981. tt tv ,G�t'rly� ,ll:•te. ` l,�.,,tcc-t ff : ttr: X� %r�?/.�`r� I y M CHECKLIST FOR LAND USE PLANS 115 I. Data Collection and Analysis DISCUSSION ADEQUATE? Page Yes No Establishment of information base, including 70-96 1. manner in -which data was assembled 71 a 2. statement of the major conclusion © Q 0 Present conditions and economy, including 71-73 L. present population and economy analysis r72 a Q 2. impact of seasonal population Q Q Existing land use analysis 74-77 1. significant land use compatibility problems 76 Q 2. problems and implications from unplanned 76 Q 0 3. development identification of areas experiencing or 76 a likely to experience changes in predominant 4. land use Areas of environmental concern 77 5..map of existing land use Current plans, policies and regulations, including .78-83 1. listing and summary of significant existing local 78 Q 2. plans and_Pol_icie� listing and description of the means for enforce- 7 8 - 79 Q ment of all local existing land use: regulations 3. listing of all.relevant federal and state Q Q regulations (DNRCT) to provide) Constraints: 'Land suitability 84-88 1. physical limitations to development: a. hazard areas (man-made/natural) b. soil limitation areas (shallow, poorly drained, 84 • septic tank limitations) ��I � �� •c. water supply sources d. excessive slope areas (over 12%) C8_-] 2. fragile areas (min. req. 15 NCAC 711) F Q L� �] 3. areas with resource potential Constraints: Capacity of community facilities, (Discuss) 89-91 1. existing water and sewer service areas 89 2.. design capacity of the existing water and sewage ® �] treatment plants, schools, and primary roads 3. percentage at which existing facilities are utilized Estimated demand 92-96 1. populati.on estimate for the upcoming ten years 92 2. future land need discussion [� Q 3. community facilities demand (types of facilities Q and densities at which land is to be developed) j , 116 DISCUSSION OF POLICY IMPLEMENTATION ADEQUATE? REQUIREMENTS ALTERNATIVES STATEMENT STRATEGIES Yes No Page Page 3. policies on local commitment to providing services to development 4, policies on types of urban growth 48- 55 48- 55 48-EED patterns desired 5. policies on redevelopment of 56 6, developable areas on commitment to federal 57 policies .and -state programs in the areayy----�� 7. policies on assistance to channel, maintenance and -beach nourishment © Q 52 1D 8. policies on energy facility'siting and development 0 4-1 54 9. policies on tourism or beach and waterfront access Continuing Public Participation Policies 1. discussion of means by which public 61 61 62 D participation in planning matters was encouraged in plan update 2.•description process of the means to be used for public education on planning 3. issues description of the means to be used r6_17 62 62 0 for continuing public participation Other Specific Local Issues for Policy Discussion (from Attachment B) 1Phosphate Mining y_ 38 38 Q 2• Historic Resources _ 27 27 3. 4. 117 r . _ai:d Classification DISCUSSION ADEQUATE? Page Yes No Land Classification Map Showing the Following: 1. Developed land 66 2. Transition land Q 3. Community land 66 4. Rural land 66 Q 5. Conservation land 66, 4 6. additional breakdown of standard 5 classes. -(optional) TV. Additional Requirements 1. Preliminary draft must contain a submittal letter. 2. Final draft must contain an approval N� letter and a submittal level. 3. All municipal plans must have a letter from 111 their county designating the municipality as a CAMA planning jurisdiction. r r r:.. r 118 SYNOPSIS OF THE LAND USE PLAN OF ORIENTAL: '1980=1990 I. Why Plan for the Town of Oriental? The Town of Oriental has historically played an important economic role in Pamlico County, first as a lumber mill town, then as commercial fishing area, and now as a recreational/retirement area. Unlike other areas of the county, it faces particular development pressures because of its attractiveness for second homes, small town atmosphere, and receptivity to a variety of water based and land based activities. As noted in the December 1981 survey of its citizenry, the Town until now has had no clear direction for its future development. Questions about the location, phasing, intensity, and mix of development uses have gone unattended without a land use plan or a set of ordinances and other mechanisms to manage growth. Depending upon the assumptions upon which population projections are based (and upon the information regarding the intentions of area developers to undertake housing construction in the area and increased demand for slips), Oriental sits at the preverbial crossroads of not whether, but rather through what means to manage its growth over the next 10 years. II. Background: With this awareness, the Town Board of Commissioners received a grant in October, 1981, under the Coastal Area Management Act for preparation of the Land Use Plan for Oriental: 1980-1990. This brief synopsis describes the purposes of that plan, its lard classification scheme, the plan's information base, and briefly outlines responsibility for implementation of.the plan. III. Purposes of the Land Use Plan: The plan, then is the pivotal statement of policy for use by local, state and federal officials in CAMA permit and other decisions regarding Oriental's development over the next 10 years. Additionally, it is an important piece in the Land Planning efforts of Pamlico County and an important element in the state's plan for rational and coordinated management of coastal resources. The Coastal Area Management Act upon which this plan is based, works to protect areas of statewide concern within the coastal area. In the Town's unofficial planning area, Public Trust Water, Estuarine waters and shorelines, and Coastal Wetlands (marshes) have been designated for such protection. The Act also, through its guidelines for land use planning (15 NCAC 7B), sets forth important principles of land use planning which have been emphasized in the Land Use Plan for Oriental: 1. This plan has environmental protection as a priority in its own right, while at the same time, advocates appropriate economic and community development. 2. This plan is based upon real citizen participation in the planning process, through the Oriental Planning Board, citizen survey and public meetings. L1 119 3. This plan has a strong action orientation. Policies are stated as desired situations toward which the Town Board and Planning Board are willing to work. 4. This plan is a sound basis for continuation of earlier work in Oriental to improve the community for those who live and visit there. 5. This plan is designed for continuous improvements as new information becomes available. It is'to be updated at least once every five years, and more frequently, if required by the Planning Board. These purposes and principles are represented in the heart of the Land Use Plan for Oriental, Section II, which sets forth explicit policy statements for the future. The goals of each major policy section are briefly listed below, leaving the reader to gain detail, alternatives considered, and implementation strategies from the Land Use Plan itself.* Resource Protection Policies: Safeguard and perpetuate the biological, social, economic and aesthetic value of the community's coastal wetlands (marshes), public trust waters, and estuarine waters and shorelines. Meet federal and state water quality standards. Adequately handle the wastewater of the Town of Oriental and surrounding area. Direct development with proper consideration of soils. Protect areas prone to severe flooding from improper development. Protect designated "primary nursery areas" in conjunction with state law. Preserve productive farmland in a manner which accomodates the best mix of other uses inside the Town limits and inside the unofficial one -mile planning area. Guide development to protect historic properties and archaeological known and potentially valuable properties in Oriental, perpetuating the cultural heritage and atmosphere of the community. Rid the Town of manmade hazards,especially old cars7and other junk. Reduce the rate of erosion of the shores of the Oriental Planning Area. *The Plan may be obtained by contacing Marvin Jennings, Town Administrator at 249-0555, or Ed Bailey, Mayor, at 249-1051. Resource • Production Policies 120 Enchance the productiveness of commercial fishing resources located in the Neuse River, Pamlico Sound, and beyond with economic benefits to Oriental. Maximize the retirement/recreational resources of the area. Maintain the current level of agricultural production in the unofficial one mile planning area. Maintain the production of commercial forestry around Oriental, while minimizing its impacts upon surrounding uses. Prevent adverse impacts in Oriental's primary nursery areas and upon Oriental's water supply from mining activity. Economic and Community Development Policies Achieve levels, types and patterns of economic and community development which are consistent with the expressed scenario, raise local employment levels, and otherwise contribute to the local economic base, so as to implement the Land Classification Map. tDirect residential development so that it is mixed (single family and multi- family) in districts targeted for higher densities; is single family in low density districts; is appropriately interspersed'. with commercial uses in all districts and provides localized and high quality mobile home development. Promote commercial development in proximity to where it now exists and in other areas of compatible intensities (density, parking area, etc.). Promote the location .of light industry which employs local people outside the planning area of the Town of Oriental, which satisfies certain County recognized performance standards. Prevent the location of large energy facilities within the one -mile planning area. Maintain a dispersed pattern of cultural, recreational and institutional land uses. Provide areas for rural living where this type of development is compatible with the continuation of farm and forest uses. Achieve redevelopment of the "oldersection of town" and the remainder of the area inside the town limits. Support state and federal programs in the Oriental planning area. Develop the Town's capacity to provide selected services to development, so that development is stimulated (within the means available), so that the tax burden is kept fair, and that -the prime beneficiary (the developer) pays an equitable share of the costs. Achieve proper levels of channel maintenance and water safety. i 121 Continuing Citizen Participation Policies Achieve meaningful participation in land -use related planning matters. Other Policies Achieve better intergovernmental coordination with respect to development policies, budgeting, implementation, particularly with Pamlico County Government. In the Oriental Land Use Plan, each of these broad policy directions are prefaced with a narrative which integrates the best available data; results from the citizen survey and field examinations, planning board work -sessions, and interviews with local, regional, and state officials; examination of current plans; and consultant assessment. Under each major section, alternative policies which the Planning Board considered are presented, with the chosen policy and often a more specific statement of intent (objective), and chosen implementation strategies. As noted in the Plan, 'the Town has basically six methods of implementing the plan and thereby guiding development in the patterns desired. These options include fiscal policy (taxation), regulation(such as zoning), provision of capital improvements (water extension policy), condemnation (which could be used for purposes of protecting public safety and health and promoting the public good), purchase (which could be used in order to provide public ' access or increasing recreational and use) and persuasion, (such as working with private owners to attract proper development upon voluntary sale). From among these six options,'the Land Use Plan for the Town of Oriental relies upon improving its capacity to extend services to development, persuasion to implement its policies, and local ordinances and state and federal regulations, such as LAMA. Taken together, the implementation strategies represent a coordinated effort to stimulate rather than overly regulate development in the community over the next ten years. IV. Land Classification: The Land Classification Map for the Town of Oriental and its one -mile planning jurisdiction designated land within four of the five categories of: developed; transition; rural; and conservation, and presents special sub -categories for the transition (see map on page 66). As shown on the Land Classification Map, the already incorporated area is designated "developed" since it is served by public water, recreation facilities, and fire protection is more densely populated, has more mixed land uses. In order to be most clear about types of development desired, the "transition" category -is sub -divided to promote or stimulate development in areas which are anticipated or recommended for potential extension of public services. The full range of mixed uses (commercial, residential, recreational, etc.) is encouraged in areas adjacent to the "developed" section, and in other ' areas which are best suited for such mixes. These are designated as "transition". The "transition -residential" designation is used in subdivision areas, to preserve the integrity of their predominant use (residential). 1 122 There are no areas designated as "community" within the Planning Area, since there are no unincorporated clusters of development within the one -mile area that will not require water and sewer services. Finally, the resource protection policies related to the community's marshes estuarine waters and public trust waters, rendered them to be designated as "conservation", stipulating that no public funds, either direct or indirect, are to be used to encourage development in the waters of Oriental or within t the marshes themselves. V. Information Base: The remainder of the Oriental Land Use Plan provides the information base upon which the aforementioned policy statements and Land Classification Map were developed by the Planning Board. Data and analyses are presented regarding the Town's population and economy; existing land use, current plans, policies, and regulations; constraints to development imposed by the land and by'community facilities, and estimates of future demand. The Appendix includes material related to the construction of that information base, notably excerpts from the CAMA regulations and the citizen survey questionnaire. ' VI. The Oriental Land Use Plan and You: The Oriental Land Use Plan, then, provides a sound basis upon which future development, production, and preservation decisions can be made within the context of the total community. It provides a visual pattern of desired development, and contains a comprehensive array of action instruments for carrying out its policies. Beyond that, the Plan is dependent mostly upon the elected officials, as represented through the Planning Board, and ultimately ' upon the citizens of the planning area to work towards its fulfillment. Additionally, it is the responsibility of private developers and state and I federal governmental agencies to consult this plan for the Town of Oriental as a statement by local citizens of the manner in which they want their community to grow and prosper. [1 11