FY1999/2000 Shoreline Access/Recreation Plan-2000

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TOWN OF PINE KNOLL SHORES
FY1999/2000 SHORELINE ACCESS/RECREATION PLAN
TABLE OF CONTENTS
I. INTRODUCTION ................................................. 1
A. Purpose.......................................................... 1
B. Goals and Objectives ................................................ 1
C. Town History ...................................................... 2
D. History of Bogue Banks Beach Renourishment Efforts ....................... 5
1 II. IDENTIFICATION OF EXISTING RECREATIONAL FACILITIES ........... 8
A. Open Space and Recreation ............................................ 8
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III. COMPARATIVE ANALYSIS OF EXISTING FACILITIES ..................
10
A. Facilities of Other Oceanfront Communities ..............................
10
B. National Recreation and Parks Standards ................................
12
C. State Shoreline Access Standards .......................................
15
D. Future Recreational Facility and Shoreline Access Needs .....................
17
1. Direct Acquisition ............................................
20
a. Purchase ..............................................
20
b. Donation .............................................
21
C. Prescription ...........................................
21
d. Dedication ............................................
22
2. Land Use Controls ............................................
23
a. Dedication ............................................
23
b. Fee ..................................................
24
C. Reservation ............................................
24
3. Potential State and Federal Shoreline Access Funds ...................
25
a. Coastal and Estuarine Water Beach Access Program .............
25
b. Water Resources Development Grant Program ................
25
C. Fishing Access Program ..................................
26
d. Boat Ramp Program .....................................
26
e. Secondary Roads Program ................................
27
f. Other Programs ........................................
27
4. Potential Local Funding Sources .................................
27
5. Potential Sources of Non -Shoreline Access Funding ...................
27
a. North Carolina Department of Transportation .................
27
b. Division of Archives and History ...........................
28
C. Rural Tourism Development Grants .........................
28
d. Land and Water Conservation Fund .........................
30
e. Clean Water Management Trust Fund (CWMTF) ..............
30
f. Parks and Recreation Trust Fund (PARTF) ....................
31
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IV. CLOSING REMARKS .............................................. 32
V. RECOMMENDATIONS ............................................ 32
TABLES
Table 1
Pine Knoll Shores Existing Private Recreational Facilities ................ 9
Table 2
Analysis of Pine Knoll Shores' Shoreline Access Site Needs .............. 17
Table 3
Town of Pine Knoll Shores Summary of Year -Round Population Growth,
Selected Years 1997-2005...................................... 18
Table 4
Town of Pine Knoll Shores Demand for Additional Parks
Acreage and Facilities ......................................... 19
MAPS
Map 1 Town of Pine Knoll Shores Existing Land Use and
Potential Shoreline Access Sites ............................... 34/35
DRAWINGS
Drawing 1 Trinity Center (Site 1)......................................... 36
Drawing 2 Ramada Inn/Beacon's Reach (Site 2) .............................. 37
Drawing 3 Iron Steamer Pier Property (Site 3) ............................... 38
Drawing 4 Memorial Park (Site 4)......................................... 39
Drawing 5 Town -Owned Easement (Site 5)................................. 40
Drawing 6 Sumner Suites Beach Access (Site 6) ............................... 41
Drawing 7 Crystal Coast Inn (Site 7)....................................... 42
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' I. INTRODUCTION
' A. Pur ose
t The purpose of this plan is to identify the shoreline access, park, and recreation needs of Pine
Knoll Shores' residents and guests. This plan will provide the town with a comprehensive guide
for meeting those needs. Specifically, this plan includes an identification of existing facilities and
' programs, a comparison of existing facilities to those of other eastern North Carolina
municipalities and to national recreational standards, and an identification of existing deficiencies
and future recreational facility needs.
In growth impacted areas such as Pine Knoll Shores, real estate for shoreline access, parks, and
recreation is often at a premium and needs to be acquired in advance before the land is lost forever
to development. As a result, this plan will also provide a general delineation of potential
properties for acquisition and/or development. Emphasis will be placed on the provision of new
shoreline access sites.
This plan was partially funded through the Local Planning and Management Grant Program
administered by the North Carolina Division of Coastal Management.
B. Goals and Objectives
The Pine Knoll Shores FY1999/2000 Shoreline Access/Recreation Plan is intended to respond to
the following goals and objectives:
♦ Develop a shoreline access/recreation plan which will be consistent with the town's FY96
CAMA Land Use Plan.
♦ Establish priorities for acquisition and development of shoreline access sites and recreation
areas.
♦ Establish a shoreline access/recreation plan which is supportive of 15A NCAC 7M.0300.
♦ Establish a shoreline access/recreation plan which is supportive of AEC protection.
♦ Coordinate Pine Knoll Shores Recreation/Shoreline Access planning with Carteret County
Recreation/Shoreline Access planning.
♦ Conduct a comprehensive comparison between Pine Knoll Shores' recreational facilities
and other oceanfront municipalities.
♦ Produce a plan which is comprehensive in its assessment of recreational needs/issues (not
limited to shoreline access needs/issues).

♦ Provide an assessment of existing Pine Knoll Shores private recreational facilities.
♦ Assess the need for existing and future Pine Knoll Shores recreational needs based on
national recreational standards.
♦ Assess the need for on -street and off-street parking facilities at shoreline access sites.
C. Town History
In order to understand Pine Knoll Shores recreation and shoreline access needs, it is necessary to
understand the history of the community. In 1918, Alice Hoffman bought substantial acreage
on Bogue Banks (know then as "Isle of the Pines"). She made her home here, off and on, until
here death in 1953. The property was then willed to her niece, Mrs. Theodore Roosevelt, Jr., and
her four children.
It was these Roosevelts who envisioned the development of the town of Pine Knoll Shores. To
carry this out, they engaged a nationally known management consultant firm and later a
prominent local engineering firm. Together they came up with a plan which not only set up the
physical structure of the town, but also established a long range plan, allowing each stage of
development to gel before the next stage was begun. Throughout this development, the
Roosevelts stood by to assist and encourage those who came to carry it out, as we shall see.
Early builders began in the easternmost section of the town, constructing mostly vacation homes.
By 1964, lots were selling for $1,150 to $1,600. The first three motels, the Atlantis Lodge, the
Sea Hawk, and the John Yancey, went up on the oceanfront during this period. The Roosevelts
realized that this new community had appeal for permanent residents and decided to draft
covenants to regulate its growth.
With the further development of the central area, a home owners association was established
known as Pine Knoll Association, Inc. This became the organization responsible for maintaining
streets, parks, and waterways; providing utilities such as water; and enforcing building standards.
Later the eastern section would also form an association called PIKSCO. These associations
eventually worked together to incorporate the town.
An important influence of the property owners associations was their emphasis on residential
growth as opposed to commercial development. Farsighted planning by the Roosevelts'
representatives had designated park areas, areas to be kept natural, those to be developed
commercially, and those to be held to single-family dwellings. Major emphasis of these
associations, and later the incorporated town, was to be on Pine Knoll Shores as a residential
community... and so it has remained. This development trend has limited the availability of sites
suitable for development for public shoreline access.
The physical growth of Pine Knoll Shores from the 1960s to the present took place in three stages.
First, the east, then the central, and finally the western sections came into being.

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During the '60s, several homes were built in the eastern part of town and a handful in the central
section. Pine Knoll Shores was beginning to be recognized as a separate community.
Under the direction of the Roosevelt interests, 11 miles of paved streets and a street lighting
network were developed. A private water company began to distribute water to most of the town.
To do so, this company constructed the first of two water towers on properties donated by the
Roosevelts.
By the end of the decade, the character of the population was beginning to change to more
permanent, year-round residents. Construction of the country club was begun in 1970. The price
of property was going up. Choice lots on the sound or ocean could be purchased for close to
$35,000, on the canal for $10,000, and in the interior areas for somewhat less. Lots on the golf
course sold for an average of $14,000 with course membership included.
In 1972, a year before the town was incorporated, the Pine Knoll Association sponsored the
development of the boat basins and launching facilities. The bridge that carries Mimosa
Boulevard over the canal was completed in 1973 as was the linkup between the two sections of
the canal at that point.
The need of bulkheading sections of the soundfront properties to control erosion became a reality.
The cost of this project was shared between the Roosevelts and the individual property owners.
This was the first of two campaigns to bulkhead waterfront properties. Five years later another
was mounted to bulkhead canalfront properties to forestall the silting of the canals. The
Roosevelts paid the cost of bulkheading properties they still owned while individual property
owners carried the cost of their own bulkheads. Approximately 10,000 feet of asbestos -cement
sheeting was installed in this joint effort. Bulkheading of canalfront property eventually became
mandatory.
Pine Knoll Shores was growing steadily. The main highway could no longer meet traffic needs.
Plans to widen and straighten Highway 58 were drawn up by the State Department of
Transportation. In order to keep this within reasonable bounds, the town took legal action to
prevent further widening which would encroach on private property. To control drainage, the
state installed five major drains that flowed into the canal. These were later proved to contribute
to the pollution which closed the canals to shellfish harvesting in 1984. The town was
instrumental a few years later in having check dams installed in the ditches along the highway to
restrict the volume of flow in the culverts.
1982 was the biggest year yet for real estate. Property valuation reached over $100 million. Plans
for the development of 25 acres which would become the McGinnis Point project, were presented
to the town board and approved. The board, concerned about a possible overbuilding trend, at
one point declared a short moratorium on the building of condominiums.
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The seven -story Ramada Inn Motel, construction of which began before the town was
incorporated, was considered much too high, and steps were taken to restrict the height of future
commercial and multi -family buildings to 50 feet.
Still the town continued to grow. Annexation of the 65 acres given by the Roosevelts to the
Episcopal Church (now Trinity Center) was in the works, along with the annexation of the lands
on which the two most westerly condominiums, Ocean Bay and Ocean Glen, are located. This
established the town's western boundary adjoining Indian Beach and gave the town's current
physical dimensions at 4.75 miles in length, a variable width averaging one-half mile, and an
overall area of approximately 2.3 square miles — just over 1,400 acres.
In 1984, development moved west to encompass the Beacons Reach subdivision, some 180 acres
of land stretching from the ocean to the sound. It eventually included single-family houses and
condominiums in twelve separate subdivisions, each with its own homeowners' association, yet
covered by one master association. Parks and recreation areas were provided.
Environmental concern dominated the development of all the Beacons Reach properties, which,
coupled with the 300 acres of the Roosevelt Natural Area given to the state, comprise a major
portion of the town's total area. Included within these acres is the North Carolina Aquarium.
That same year, the town board approved the concept of a five -unit village shopping center to be
built on a 15-acre tract with a single two-story office building and another building to house a
full service bank. Construction began three years later. This area now boasts the Bogue Banks
branch of the county library, among its other features.
The building boom continued through 1984 and 1985. In these two years alone over $22 million
was recorded in single-family and multi -family building. The average price of a single-family
house built in 1985 stood at $95,000. The availability of vacant shoreline property was rapidly
diminishing.
For a long time, a third bridge over Bogue Sound had been contemplated. Indeed, an area for its
approach in Pine Knoll Shores had been set aside by the Roosevelts for when the state would
complete such a bridge. Once proposed, it met strong opposition by the town and other options
were then considered. The state abandoned plans for the third bridge and began construction of
a replacement four -lane high-rise bridge from Atlantic Beach to Morehead City. The town was
supportive of this project as it facilitated evacuation routing in case of hurricanes and eliminated
the delays caused by the openings of the swing bridge.
Physical growth of the town in the form of single-family residential subdivisions neared its
completion in the late 1980s and early 1990s with two complexes being built on the east and west
sides of Pine Knoll Boulevard. With only two small subdivisions now underway north of
Highway 58 at the eastern end of town and an undeveloped commercial parcel on the oceanfront,
future building will be confined to single-family homes.
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In the 1990s, Pine Knoll Shores settled in to an even, gradual pace of building and development.
Approximately 70 percent built up, there are currently 740 single-family homes and 800
condominium units in existence. About 250 acres are still unimproved and it is expected that they
will be restricted to single-family residences.
Thus, the combination of restrictive covenants originally established by the Roosevelt interests and
judicious land planning on the part of the town has resulted in a predominantly single-family
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D. History of Bogue Banks Beach Renourishment Efforts
Because of the need for public shoreline access facilities to support federal funding of beach
renourishment projects, it is important to understand how beach erosion affected Pine Knoll
Shores and Bogue Banks.
The current high rate of erosion of Bogue Banks really accelerated in 1991 when the Army Corps
of Engineers deepened the Beaufort Inlet to 47 feet. But, although the erosion was faster than in
previous years, it was barely noticed except at Atlantic Beach which was closest to the Inlet.
Then, in 1993, a March nor'easter called "The Storm of the Century" bombarded the island with
winds in excess of 100 mph; parts of Pine Knoll Shores, Indian Beach, and Emerald Isle lost four
feet of dunes in a single day. Later, in 1994, Atlantic Beach was renourished with sand from the
channel dredging, causing further erosion of Pine Knoll Shores and beaches further west due to
the design of the western end of the renourishment and the interruption of sand flowing from east
to west. Moreover, many believe that erosion is increased because of the huge amounts of dredged
sand that have been dumped four miles offshore thereby altering sand migration.
In 1994, the Pine Knoll Shores Beach Preservation Association (PKS BPA) was formed.
Association members realized that the erosion experienced in 1993 and 1994 were not isolated
events but part of a long-term trend beginning in 1986 when the depth of the Beaufort Inlet was
increased to 35 feet.
In October, 1996, a straw poll was taken by the Town of Pine Knoll Shores at the urging of the
PKS BPA to see how many residents favored beach renourishment and were willing to finance it
with a town -sponsored $6.2 million bond. This bond would have been repaid from ad valorem
tax rate increases of $0.60 per $100 for beachfront properties and $0.06 per $100 for other
properties. The poll was defeated, but had an encouragingly large (38%) affirmative vote even
though renourishment was a relatively new issue at the time.
' At the request of the PKS BPA, the Mayor of Pine Knoll Shores asked the Army Corps of
Engineers to study the town beach to determine the cause of the continuing erosion. This was the
beginning of the Section I I I Study. Section 111 is part of Public Law 90-483, which states that
' if a navigation project is suspected of causing erosion, a study will be made and if the project is
found to be a cause of erosions, corrective measures can be taken. There is a "mitigation"

provision in this law providing up to $2 million in funding of 65 % of a cost sharing effort. If
more funds are needed, the Congress must appropriate them.
In the spring of 1996, Tom Jarrett of the Army Corps of Engineers, Wilmington District,
presented the first half (Phase I) of the Section III Study to the Carteret County Beach
Preservation Task Force. This study hinted at problems on the beach as having been caused by
the Inlet dredging, but while well prepared, did not specifically conclude that there was cause for
federal relief. Phase II of the Study is scheduled to be finished by spring of 2000.
The PKS BPA realized that in order for renourishment to become a reality, the county would have
to lead the way since the problem is larger than just Pine Knoll Shores. At the urging of the PKS
BPA, the Carteret County Commissioners appointed the County Beach Preservation Task Force.
In 1996, Bogue Banks was hit by hurricanes Bertha on July 12`h and Fran on September 5`h. The
beaches on all of Bogue Banks were devastated. Hardest hit were Pine Knoll Shores, Indian
Beach, and eastern Emerald Isle. In some spots almost 60 feet of beachfront dunes were lost. This
resulted in interest about beach renourishment from previously silent sources. People began to
realize how the loss of the island's beaches would adversely affect not only our tourist economy
but also the county property tax base which would be seriously impacted if future storms
destroyed highly -taxed beachfront properties.
In September, 1997, the PKS BPA conducted a study, which showed that the economic impact
of Bogue Banks on Carteret County was $182 million annually.
Consultations with the Army Corps of Engineers revealed another potential path of relief. Section
933 of the Water Resources Development Act of 1986 provides a 50/50 federal cost share for the
added cost of taking the approximately 1 million cubic yards of dredged spoils from the Beaufort
Inlet annual dredging project and placing them on the beach. The Corps estimated that this extra
cost would run from $4 to $6 million annually, depending on how far west on the island the spoils
were placed.
If a Section 933 project were to become a reality with only one million cubic yards of sand
available, only the "hot spots" of severe erosion would be renourished. At the optimum rate of
100 cubic yards of sand per linear foot of beachfront, a million cubic yards of sand would repair
approximately two miles of beach of the 18 miles needing renourishment. This would have to be
done every year for nine years at the same or greater annual cost in order to cover the entire
beachfront.
In February, 1999, the PKS BPA expanded its focus and membership to include all of Bogue
Banks and elected directors from Atlantic Beach, Emerald Isle, and Indian Beach. The name of
the Association was changed to Bogue Banks Beach Preservation Association (BBBPA) to reflect
this expanded focus.
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Federal participation in beach renourishment projects carries certain requirements which are
administered by the U.S. Army Corps of Engineers. These include the following public use, user
fees, parking, access, private organization, use limitations, and improvements for recreation:
Public Use. Public use is a condition for Federal participation in hurricane, abnormal
tidal, or lake flood protection projects. Current shore erosion control law provides that
"Shores other than public (i.e., privately -owned) will be eligible for Federal assistance if
there is a benefit such as that arising from public use..." In the case of beaches used for
recreation, public use means use by all on equal terms. This means that project beaches
will not be limited to a segment of the public. Unless the protection of privately -owned
beaches is incidental to protection of public beaches, they must be open to all visitors
regardless of origin or home area, or provide protection to nearby public property to be
eligible for Federal assistance. Items affecting public use are discussed below.
User Fees. A reasonable beach fee, uniformly applied to all, for use in recovery of the
local share of project costs is allowable. Normal charges made by concessionaires and
municipalities for use of facilities such as bridges, parking areas, bathhouses, and umbrellas
are not construed as a charge for the use of the Federal beach project, if they are
commensurate with the value of the service they provide and return only a reasonable
profit. Fees for such services must be applied uniformly to all concerned and not as a
prerequisite to beach use.
Parking. Lack of sufficient parking facilities for the general public (including non-
resident users) located reasonably nearby, and with reasonable public access to the project;
will constitute de facto restriction on public use, thereby precluding eligibility for Federal
participation. Generally, parking on free or reasonable terms should be available within
a reasonable walking distance of the beach. Street parking is not considered acceptable in
lieu of parking lots unless curbside capacity will accommodate the projected use demands.
Parking should be sufficient to accommodate the lesser of the peak hour demand or the
beach capacity. In some instances State and local plans may call for a reduction in
automobile pollutants by encouraging public transportation. Thus, public transportation
facilities may substitute for or complement parking facilities. However, reports which
consider public transportation in this manner must indicate how the public transportation
system would be adequate for the needs of projected beach users. In computing the public
parking accommodations required, the beach users not requiring parking should be
deducted from the design figure.
Access. Reasonable public access must be provided in accordance with the recreational
' use objectives of the particular area. However, public use is construed to be effectively
limited to within one -quarter mile from available points of public access to any particular
shore. In the event public access points are not within one-half mile of each other, either
an item of local cooperation specifying such a requirement and public use throughout the
project life must be included in project recommendations or the cost sharing must be based
on private use.
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Beach Use by Private Organizations. Federal participation in private shores owned by
beach clubs and hotels is incompatible with the intent of the P.L. 84-826 if the beaches
are limited to use by members or paying guests.
Public Shores with Limitations. Publicly -owned beaches which are limited to use by
residents of the community or a group of communities are not considered to be open to the
general public and will be treated as private beaches.
Improvements for Recreation. Improvements to enhance the recreational value of shore
protection projects such as bathhouses, access roads, toilet facilities, and parking areas are
a local responsibility. Provision of those facilities is not eligible for Federal assistance
through the Corps programs, and costs for those facilities are not ordinarily included as
project costs.
If a community has made a good faith effort to provide public shoreline access and associated
parking, the US Army Corps may be "flexible" in its application of these requirements.
II. IDENTIFICATION OF EXISTING RECREATIONAL FACILITIES
A. Open Space and Recreation
Expect for shoreline access sites, the Town of Pine Knoll Shores has sufficient open space and
recreational land uses. However, there are currently no active indoor recreational facilities. There
are approximately 423 acres zoned for recreational land use within the town limits.
A major recreational/cultural attraction is the North Carolina Aquarium. The aquarium is located
on a 25-acre tract which is surrounded by the Theodore Roosevelt 265-acre natural area. The
natural area is bordered by Highway 58 (Salter Path Road) to the south, and Bogue Sound to the
north. Maritime forests, freshwater ponds, swamp forests, and shrub swamps are located in the
natural area. The Theodore Roosevelt Natural Area is of great importance to both the natural and
cultural environment of Pine Knoll Shores. The North Carolina Aquarium is one of three in the
State of North Carolina. The aquarium attracts thousands of visitors each year. In 1994, the
aquarium attracted 302,228 visitors. Approximately 50% of this visitation occurred during the
months of June, July, and August. During these months, peak day visitation has reached as high
as 3,000 persons. Educational programs are offered for visitors in order to enhance public
knowledge of marine life. The North Carolina Aquarium was funded through a federal -state
partnership and administered by the Office of Marine Affairs.
In December, 1971, the grandchildren of President Theodore Roosevelt deeded a 290-acre tract
of land in western Pine Knoll Shores to the State of North Carolina Department of
Administration. The Deed of Gift specked that the 290-acre tract of land:

"Will be kept in its natural state, maintained as a nature preserve, and used for the
primary purpose of nature and wildlife education, estuarial studies, with emphasis
on marine life, ecological advances, environmental balance and research in the
methods of conservation..."
The Bogue Banks Country Club (once called Pine Knoll Shores Golf and Country Club) is a
popular setting for social functions. In addition, it is the only 18-hole golf course on Bogue
Banks. A large percentage of the town residents are members of the club. The country club
property is located in the eastern one-half of town and has influenced the development of this
section of Pine Knoll Shores.
In addition to the golf course, Table 1 provides a summary of the existing privately -owned
recreational facilities.
Table 1
Pine Knoll Shores
Existing Private Recreational Facilities*
Location
Pools
Tennis Courts
Bogue Banks Country Club
X
X
Coral Bay West Condos
X
Reefstone Condos
X
Pine Knoll Townes Townhomes I
X
Pine Knoll Townes Townhomes II
X
McGinnis Point Subdivision
X
X
Whaler Inn
X
Coral Shores
X
Ocean Grove
X
Beacon's Reach Master Association (Westport)
X
Beacon's Reach Master Association (Coral Drive)
X
X (4)
Ocean Grove Condos
X
Ocean Bay Condos
X
*Note: Excludes transient motels and hotels.
Source: Town of Pine Knoll Shores.
There are eight private ocean parks located in Pine Knoll Shores. These parks are owned and
maintained by homeowners associations. Currently, there are no public shoreline access sites.
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III. COMPARATIVE ANALYSIS OF EXISTING FACILITIES
Pine Knoll Shores is predominantly a retirement age community. Based on the town's 1996
CAMA Land Use Plan, 53.817o of the total population is over 55 years old and 65.6,7 is over 45
years old. Thus, it is difficult to compare the town's recreational needs to communities with a
wide age distribution. However, it is useful to look at other beach communities and national/state
standards to assist in gauging what should be Pine Knoll Shores recreation/shoreline access
initiatives.
Furthermore, the national facility standards utilized in this study were developed in 1983 by the
National Recreation and Parks Association and published in the Recreation, Parks and Open Space
Standards and Guidelines. This publication was intended to provide national guidelines which
could serve as an expression of reasonableness and adequacy with respect to quality service
delivery. However, these guidelines reflected professional judgement, rather than an assessment
of community needs, and no two communities are the same. In addition, many communities have
found the national guidelines difficult to meet.
A. Facilities of Other Oceanfront Communities
The following provides a summary of recreation and parks facilities offered by seven other
oceanfront communities in North Carolina:
Atlantic Beach (population 2,255)
Located on the eastern end ofBogue Banks, Atlantic Beach maintains 52 ocean access sites
of which three are considered improved. The three improved sites include two ocean
regional access sites and one boat ramp. The town has only one non -shoreline related
recreational site, a small unimproved mini -park.
Carolina Beach (population 4,690)
Located approximately 90 miles south of Emerald Isle in New Hanover County, the Town
of Carolina Beach maintains six public beach access sites, three parks, one recreation
center, and two stages (one with a gazebo) for special events. However, it should be noted
that there are approximately 20 beach access sites and several sound access sites located
in Carolina Beach which are maintained by either the State of North Carolina or New
Hanover County. The following provides a summary of the facilities offered at the town's
parks and recreation center:
Mike Chappell Park
♦ One (1) softball field.
♦ One (1) multi -purpose field.
♦ Two (2) tennis courts.
♦ One (1) volleyball court.
♦ One (1) playground.
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Lake Park
♦ One (1) picnic shelter.
♦ Six (6) gazebos surrounding the lake.
♦ Bathroom facilities.
♦ One (1) playground.
Wilson Park
♦ One (1) basketball court with one (1) goal.
♦ One (1) playground.
Recreation Center
♦ Six (6) basketball goals (indoor).
♦ One (1) handball court.
♦ Arts and crafts area.
♦ Aerobics room.
♦ Fully equipped kitchen.
Indian Beach (population 184)
Indian Beach, which neighbors Emerald Isle to the east, maintains one improved ocean
access site. No other facilities are offered by the town. However, there is one regional
ocean access facility in Salter Path which is maintained by Carteret County. Salter Path
is located in the middle of Indian Beach and divides the town into eastern and western
sections.
Long Beach (population 5,072)
Located approximately 105 miles south of Emerald Isle in Brunswick County, the Town
of Long Beach provides 55 ocean access sites, ten sound access sites, one park, and one
recreation center. In addition, the town maintains a bike route which includes
approximately 8 miles of signed roadway. The route connects both ocean and soundside
areas and extends past 34 of the town's shoreline access sites. The following provides a
summary of the facilities offered at the town's park and recreation center:
Middleton Park
♦ Two (2) lighted paved tennis courts.
♦ Wooden Benches.
♦ Trash receptacles.
♦ One (1) little league field.
♦ One (1) softball field lighted with dugouts and bleachers.
♦ One (1) paved lighted basketball court.
♦ Unpaved parking.
♦ Lighted covered shelter.
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♦ Two (2) small wooden buildings with concession area.
♦ Restroom facilities.
♦ Eight (8) metal swings.
♦ One (1) fireman's pole.
♦ Picnic tables.
♦ One (1) water fountain.
♦ Three (3) outdoor electric outlets.
♦ One (1) covered recreational bulletin board.
♦ Wooden jungle gym.
Long Beach Recreation Center
♦ 37 parking spaces.
♦ Seven (7) swings.
♦ One (1) metal "jungle gym"
♦ One (1) circular slide.
♦ Two (2) barbeque pits.
♦ Two (2) picnic tables.
♦ One (1) water fountain.
♦ Two (2) area lights.
♦ Bicycle parking racks.
♦ Shuffle board court.
♦ Recreation center building.
North Topsail Beach (population 1,091)
The Town of North Topsail Beach, located approximately 40 miles south of Emerald Isle,
does not operate any recreational facilities. Onslow County maintains four regional beach
access sites and the North Carolina Wildlife Commission operates one regional boat access
area within the town. However, these facilities sustained considerable damage during
Hurricane Fran and although open for use, have not been completely rebuilt to pre -storm
condition.
Topsail Beach (population 434)
The Town of Topsail Beach which is located in Pender County, approximately 50 miles
south of Emerald Isle, provides 19 ocean access sites and one sound access site. All of the
access sites are unimproved. No public parks or improved access sites are provided by the
town.
B. National Recreation and Parks Standards
The National Recreation and Park Association provides the following descriptions and standards
for mini -parks, neighborhood parks, and community parks.
12

' Mini -Park
Mini -park is the smallest park classification and is used to address limited or isolated
' recreational needs. Examples include:
♦ Concentrated or limited populations.
' ♦ Isolated development areas.
♦ Unique recreation opportunities.
In a residential setting, vest-pocket parks serve the same general purpose as mini -parks
and totlots of the past. They are also intended to address unique recreational needs, such
♦ Landscaped public use area in an industrial/commercial area.
' ♦ Scenic overlooks.
♦ A play area adjacent to the downtown shopping district.
' Although the past classification mini -park was often oriented toward active recreation, the
new classification vest-pocket has a broader application that includes both active and
passive uses. Examples of passive uses includes picnic areas, arbors, and sitting areas.
' Locational Criteria: Although demographics and population density play a role in location,
the justification for Vest -Pocket Park lies more in servicing a specific recreational need or
' taking advantage of a unique opportunity. Given the potential variety of vest-pocket park
activities and locations, service area will vary. However, in a residential setting, the service
area is usually less than a 1/4 mile in radius. Accessibility by way of interconnecting trails,
sidewalks, or low -volume residential streets increases use opportunities and therefore is an
important consideration.
' Size Criteria: Typically, vest-pocket parks are between 2,500 square feet and one acre in
size. However, park areas less than 5 acres would technically be considered a mini -park.
' Anything larger would be considered a neighborhood park.
Neighborhood Park
Neighborhood parks remain the basic unit of the park system and serve as the recreational
and social focus of the neighborhood. They should be developed for both active and
' passive recreation activities geared specifically for those living within the service area.
Accommodating a wide variety of age and user groups, including children, adults, the
elderly, and special populations, is important. Creating a sense of place by bringing
' together the unique character of the site with that of the neighborhood is vital to
successful design.
' Locational Criteria: A neighborhood park should be centrally located within its service
area, which encompasses a 1/4 to 1/2 mile distance uninterrupted by non-residential roads
and other physical barriers. These distances might vary depending on development
13

diversity. The site should be accessible from throughout its service area by way of
interconnecting trails, sidewalks, or low -volume residential streets. Ease of access and
walking distance are critical factors in locating a neighborhood park. A person's
propensity to use a neighborhood park is greatly reduced if they perceive it to be difficult
to access or not within a reasonable walking distance. Frequently, neighborhood parks are
developed adjacent to elementary schools.
Size Criteria: Demographic profiles and population density within the park's service area
are the primary determinants of a neighborhood park's size. Generally, 5 acres is accepted
as the minimum size necessary to provide space for a menu of recreational activities and
7 to 10 acres is considered optimal.
Community Park
Community parks are larger in size and serve a broader purpose than neighborhood parks.
Their focus is on meeting the recreation needs of several neighborhoods or large sections
of the community, as well as preserving unique landscapes and open spaces. They allow
for group activities and offer other recreational opportunities not feasible —nor perhaps
desirable —at the neighborhood level. As with neighborhood parks, they should be
developed for both active and passive recreation activities.
Locational Criteria: A community park should serve two or more neighborhoods.
Although its service area should be 0.5 to 3.0 miles in radius, the quality of the natural
resource base should play a significant role in site selection. The site should be serviced by
arterial and collector streets and be easily accessible from throughout its service area by
way of interconnecting trails. While community parks should be strategically sited
throughout the community, their locations can be significantly impacted by other types
of parks. Most notable among these are school -parks, natural resource areas, and regional.
parks —each of which may provide some of the same recreational opportunities provided
in community parks. The level of service these other parks provide should be used, in part,
as justification for or against a community park in a specific area.
Size Criteria: Demographic profiles, population density, resource availability, and
recreation demand within its service area are the primary determinants of a community
park's size. Although an optimal size for a community park is between 20 and 50 acres,
its actual size should be based on the land area needed to accommodate desired uses.
Presently, Pine Knoll Shores does not provide any of these facilities.
The Recreation Parks and Open Space Standards and Guidelines publication was intended to
provide national guidelines which could serve as an expression of reasonableness and adequacy
with respect to quality service delivery. However, these guidelines reflect professional judgement,
rather than an assessment of community needs, and no two communities are the same.
Furthermore, many communities have found the national guidelines difficult to meet. Therefore,
the pursuit of achieving national recreation standards should not take the place of common sense
14

and recognizing the needs of the community. Finally, the fact that Emerald Isle's geographical
setting provides a unique opportunity for a variety of outdoor recreational activities reduces some
' of the pressure on the town to pursue national guidelines. The numerous shoreline access sites in
town provide access to open space along the shoreline where residents can enjoy recreational
activities such as swimming, fishing, and walking. These access sites definitely add to the town's
recreation and parks inventory and provide a service which the national recreational standards do
not take into account.
' C. State Shoreline Access Standards
' The public has traditionally and customarily had access to enjoy and freely use the ocean beaches
and estuarine and public trust waters of the coastal region for recreational purposes and the State
has a responsibility to provide continuous access to these resources. It is the policy of the State
' to foster, improve, enhance, and ensure optimum access to the public beaches and waters of the
20-county Coastal Area Management Act (CAMA) region. Access shall be consistent with public
rights of private property owners and the concurrent need to protect important coastal natural
I
resources such as sand dunes and coastal marsh vegetation.
The State has created a Public Beach and Coastal Waterfront Access Program (PBCWAP) for the
' purpose of acquiring, improving, and maintaining waterfront recreational property at frequent
intervals throughout the coastal region for pedestrian access to these important public resources.
' As stated in the introduction, this plan was funded in part through the PBCWAP administered
by the Division of Coastal Management. The North Carolina Administrative Code (NCAC) 7M
Section .0303 provides the following standards as guidance to local governments in the provision
of public access.
' Public Beach Access Sites
♦ Local/Neighborhood Access Sites - one per block in the community;
' ♦ Regional Access Sites - one per locality or one per four miles, whichever yields the
most public access;
♦ Multi -Regional Access Sites - one per barrier island or one per 10 miles, whichever
' yields the most public access.
Public Waterfront Access Sites (or in the case of Emerald Isle, Sound Access)
' ♦ Local Access Sites - one per block;
♦ Neighborhood Access Sites - one per 50 dwelling units;
' ♦ Regional Access Sites - one per local government jurisdiction;
♦ Multi -Regional Access Sites - one per coastal county. Parking facilities for these
' projects shall be based on seasonal population estimates.
15

The state provides the following definitions for the various categories of access sites referred to
above:
Local Access Sites are defined to include those public access points which offer minimal
or no facilities. They are primarily used by pedestrians who reside within a few hundred
yards of the site. Generally, these accessways are a minimum of ten feet in width and
provide only a dune crossover or pier, if needed, litter receptacles and public access signs.
Vehicle parking is generally not available at these access sites. However, bicycle racks may
be provided.
Neighborhood Access Sites are defined as those public access areas offering parking,
usually for five to twenty-five vehicles, a dune crossover or pier, litter receptacles, and
public access signs. Such accessways are typically 40 to 60 feet in width and are primarily
used by individuals within the immediate subdivision or vicinity of the site. Restroom
facilities may be installed.
Regional Access Sites are of such size and offer such facilities that they serve the public
from throughout an island or community including day visitors. These sites normally
provide parking for 25 to 80 vehicles, restrooms, a dune crossover, pier, foot showers, litter
receptacles, and public access signs. Where possible one-half acre of open space in addition
to all required setback areas should be provided for buffering, day use, nature study, or
similar purposes.
Multi -Regional Access Sites are generally larger than regional accessways but smaller
than state parks. Such facilities may be undertaken and constructed with the involvement
and support of state and local government agencies. Multi -regional accessways provide
parking for a minimum of 80 and a maximum of 200 cars, restrooms with indoor showers
and changing rooms, and concession stands. Where possible two acres of open space in
addition to all required setback areas should be provided for buffering, day use, nature
study, or similar purposes.
Pine Knoll Shores presently does not provide any public shoreline access sites. Table 2 provides
a summary of the existing public shoreline access needs based on the state standards.
HU

Table 2
Analysis of Pine Knoll Shores' Shoreline Access Site Needs
State Guideline Existing Sites Existing Demand
Public Beach Access Sites
Local/Neighborhood 1 per block 0 53
Regional
1
Multi -Regional
LJI
I
n
Public Sound Access Sites
Local
Neighborhood
Regional
Multi -Regional
(500 linear feet)
1 per locality or 0 1*
1 per 4 miles
1 per barrier island or 0 0
1 per 10 miles
1 per block 0 51
1 per 50 dwellings** 0 31
1 per corporate area 0 1
1 per county 0 0
Note: Based on 5.03 miles oceanfront shoreline and 4.86 sound side shoreline.
' *Regional sites exist at Atlantic Beach and Emerald Isle
**Based on 1990 dwelling unit count of 1,542.
I
Source: CAMA Shoreline Access Standards and Holland Consulting Planners, Inc.
D. Future Recreational Facility and Shoreline Access Needs
' In addition to planning for Pine Knoll Shores' existing recreation and parks needs, the town must
also consider population growth and anticipate what the future recreation and parks demand may
be. According to the Pine Knoll Shores 1996 Land Use Plan Update, the town's population in
the years 2000 and 2005 will be 1,886 and 2,127, respectively. Table 3 provides a summary of
year-round population growth.
17

Table 3
Town of Pine Knoll Shores
Summary of Year -Round Population Growth, Selected Years 1997-2005
1997*
Pine Knoll Shores Population 1,619
2000 2005 % Change `97-`05
1,886 2,127 31.496
Sources: Town of Pine Knoll Shores 1996 Land Use Plan Update; *North Carolina State Data
Center.
As indicated in Table 3, Pine Knoll Shores' population may be expected to increase by
approximately 508 persons between the years 1997 and 2005.
Table 4 provides a summary of parks and facilities demand based on national standards and the
population projections provided in Table 3. However, as previously discussed, these standards are
to serve only as a guideline and should be tailored to suit each individual community. A
prioritization of needed facilities will be discussed in a latter section of this plan.
18

Table 4
Town of Pine Knoll Shores
Demand for Additional Parks Acreage and Facilities
STANDARDS FOR PARKS
Standard Acres
Existing Acreage
Additional Year
Additional Year
Cumulative Acreage
Per 1,000
Demand*
2000 Acreage
2005 Acreage
Demand Through the
Park Classification
People
Demand (A)
Demand (B)
Year 2005
Neighborhood Parks
3 ac
+4.9 ac
+0.8 ac
+0.7 ac
+6.4 ac
Community Parks
5 ac
+8.1 ac
+ 1.3 ac
+ 1.2 ac
+ 10.6 ac
Total Recreation & Parks
10 ac
+ 16.2 ac
+2.7 ac
+2.4 ac
+21.3 ac
STANDARDS FOR SELECTED FACILITIES
Additional Facility
Cumulative Facility
Existing Facility
Demand Through
Demand Through
Standard
Demand*
the Year 2005 (C)
the Year 2005
Baseball
1 per 10,000 persons
No demand
No demand
No demand
League Softball
1 per 4,000 persons
No demand
No demand
No demand
Practice Fields
1 per 3,000 persons
No demand
No demand
No demand
Youth Baseball Fields
1 per 3,000 persons
No demand
No demand
No demand
Tennis Courts
1 per 1,000 persons
+2
No demand
+2
Basketball Goals
1 per 500 persons
No demand
+l
+3
Football/Soccer
1 per 6,000 persons
No demand
No demand
No demand
Amphitheaters
1 per 20,000 persons
No demand
No demand
No demand
Swimming
900 square feet per 1,000 persons
+1,457 square feet
+240 square feet
+1,914 square feet
Source: Holland Consulting Planners, Inc.
19

The Town of Pine Knoll Shores does not need additional non -shoreline access recreational
facilities. The existing open space at the North Carolina Aquarium and the Municipal Building
Complex along with the private golf course satisfy the demand for open space/outdoor recreational
facilities. In Pine Knoll Shores, the emphasis has been, and will continue to be, placed on passive
recreation. Private facilities satisfy the need for tennis courts and there is no real demand for
basketball goals because of the recreational interests of the town's population.
Pine Knoll Shores will concentrate its efforts to develop recreational facilities on the development
of shoreline access facilities. Because of a lack of vacant property, it is acknowledged that the
town cannot meet the Corps of Engineers objective of one site per 1/4 mile or the recommended
state standard of one local/neighborhood site per block (500 linear feet).
In order to accomplish the provision of public access sites, the town will have to work with the
owners of developed property or of property which is being developed to secure easements for
access sites. If easements are obtained, there must be a long-term lease (minimum 20 years) if the
town expects to receive funding for site improvements from the State of North Carolina or satisfy
the Army Corps of Engineers beach renourishment requirement for public access sites. The
acquisition of land in some method is required if public access to the shoreline is to be maintained.
The following provides a summary of the access options available to the town.
There are generally two approaches to acquiring access: direct acquisition techniques and land use
controls which incorporate public access requirements. The strategies presented here can be used
by local governments to assist in acquiring waterfront property.
1. Direct Acquisition
a. Purchase
The purchase of property at its fair market value is the simplest, most direct means of acquiring
land. A disadvantage of direct purchase is that governmental agencies have limited financial
resources. A further disadvantage of direct purchase is that the seller's net profit from the sale
would be affected if the seller of the property is liable for income tax on the capital gain of the
appreciated value of the property. Other purchase options, including bargain sale or installment
sale, may benefit the buyer and seller by stretching a land -acquiring agency's funds and reducing
immediate tax consequences.
In a bargain sale, the landowner sells the property to a governmental agency at less than fair
market value. By doing so, the seller will be able to receive some income from the sale of the land
and will be eligible to claim an income tax deduction for a charitable contribution on the
difference between the bargain price received and the fair market value of the land. Thus, the
amount of the capital gain would be less and so would the accompanying tax on that gain.
In an installment sale, an agreement is made between the landowner and the purchaser whereby
the purchaser agrees to pay for the land in annual installments or agrees to acquire a portion of
20

' the total property each year with an option to acquire the remaining tracts in future years. By
spreading the income gained from the sale of the property over a number of years the seller may
' be able to spread taxable gains and any associated taxes over an equal number of years.
An easement, or right to use private property in a specific, designated manner, may also be
' purchased. The purchase of an easement entitles the purchaser to use the property for a specific
purpose, such as conservation, passing over the land, or installing a water or sewer line. The
' ownership of the land remains with the property holder, but the use of a designated portion of the
land for a specific purpose is transferred to the acquiring agency.
' Easements are typically purchased when it is not possible to buy the land. Although there is no
requirement compelling a landowner to sell an easement, landowners may be interested in the
resulting tax benefits. Where easements are sold, a decrease in property tax value would result.
' b. Donation
The donation of property or an easement involves a landowner deeding the property to a
government agency that has agreed to accept it. In a donation, the donor receives no cash for the
property although numerous tax benefits are realized. These benefits include real estate, estate,
and income tax reductions as well as no capital gains tax that would otherwise result from the sale
of the property. If the recipient of the land donation is a governmental agency, the donor can
claim an income tax deduction based on the market value of the land as determined by a qualified
appraiser. In the instance of an easement, the donor may take the difference in the value of the
land after the easement as a charitable deduction (see Appendix D, Tax Credits for Donated
' Properties).
C. Prescription
' An easement can be established through prescription, the process by which an individual or group
obtains the right to use another's property in a specific manner. In this instance, the courts
' recognize that a prescriptive easement has been established if the following tests are met:
' ♦ the use has been open;
♦ the use is adverse or under a claim of right;
♦ the use has been continuous and uninterrupted for 20 years;
' ♦ there has been actual use of the property by the general public; and
♦ the same path has been used for 20 years.
Currently, North Carolina does not have any case law directly addressing the establishment of a
prescriptive easement in a beach access context. It is difficult to establish a prescriptive easement
because of the requirement that the use of the property must be adverse. In this case, "adverse"
means that the user of the property did not have the owner's permission and, instead, used the
pathway in the belief that he had a right to use it. Permissive use, no matter for how long, can
never be the basis for a prescriptive easement. A local government may want to consider legal
21

action to establish a public easement where it believes a prescriptive easement for beach access
exists across private property.
d. Dedication
A dedication begins with an offer to dedicate the use of land. The offer is made by the landowner
to the public and must be followed by the local government's acceptance of that offer on behalf
of the public. A dedication made orally or in writing is called an express dedication. A "certificate
of dedication" indicates an individual's express intention to dedicate an area to the public.
An implied dedication is based on the property owner's intention to dedicate as indicated by
conduct. For instance, the owner's intention to dedicate may be indicated by recognizing the
rights of the public in a deed or by the owner's actions with respect to permitting the public to
use the land. A 1970 Supreme Court case confirmed the public's right to use two privately -owned
beaches in California. The court said that when the public has used a beach for a long time
without paying attention to the fact that the beach is privately -owned, the public acquires a legal
right to use that beach. The owner's intent to give the land to the public may be implied from
his conduct of not preventing public use of the beach. And the public's acceptance of the
dedication may be implied from public use of the beach. Nothing need be written by either
side —the dedication and acceptance is implied by conduct. With respect to beach access, a public
access sign at an accessway is one indication by a local government of an express or implied
dedication.
Towns and counties may accept dedication offers for the maintenance of roads and pedestrian
easements running to and along the beach. Before accepting a dedication offer, it is recommended
that a title search or "chain of ownership" survey be conducted to ensure that the offer to dedicate
has at no time in the past been withdrawn.
Towns and counties may own, maintain, and manage land for recreational purposes including
public access parking. Although it is possible for towns to own public streets and roads, counties
cannot. It is possible, however, for counties to accept the dedication of certain roads so long as
they were dedicated to the public prior to 1975. Although a county may accept such a dedication,
a county is not authorized to maintain or improve such roads.
In many local jurisdictions there may be a number of accessways and roads that have been
dedicated by the developer but not yet accepted by the county or municipality. These accessways
represent opportunities to local governments that should not be neglected. The actions necessary
to show acceptance should be given high priority in light of the provision of the state law allowing
developers to withdraw unaccepted, unimproved dedications after a period of 15 years (G.S. 136-
96).
22

1 2. Land Use Controls
Local governments are able to use the police powers granted to them by the state to protect the
public's ownership of and right to use the shoreline to the mean high water mark. As the beach
erodes and the mean high water mark moves landward, the boundary between public and private
property moves landward. Land use regulations or local ordinances can be used to protect the
public's ownership and right to use the shoreline. When erosion or storms destroy structures,
' local ordinances can require the property owner to remove, within a given time period, all debris
which may endanger public health, safety, and welfare. This is particularly important where
remnant bulkheads, building foundations, pilings, and septic systems would be located below the
' mean high water mark or on the public beach.
Local governments can also use land use controls to compel developers to provide public beach
accessways. Through zoning ordinances and subdivision regulations, developers can be required
to dedicate,12ay a fee, or reserve access areas, as outlined below.
' a. Dedication
' State enabling legislation for county subdivision regulations (G.S. 153A-331) provides that such
ordinances may require "the dedication or reservation of recreation areas serving residents of the
immediate neighborhood within the subdivision and of rights -of -way or easements for street and
' utility purposes." The comparable legislation for cities (G.S. 160A-372) is virtually identical.
Likewise, the zoning enabling legislation for counties (G.S. 153A-340) and cities (G.S. 160A-381)
authorizes local regulations to provide for special use or conditional use permits. The conditions
' for approval of these permits may include the dedication of utility rights -of -way and of
recreational space.
' A local unit of government may require the compulsory dedication of land for public recreational
use consistent with local subdivision regulations and/or as a condition of a special or conditional
use permit. In requiring a developer to dedicate recreational land, the local government should
' ensure that the location of the access area will adequately provide for the recreational needs of the
residents in the development as well as the residents of the immediate neighborhood within the
' subdivision who might otherwise be precluded from general use of the area.
Definitive standards for the size of such areas and the types of facilities to be installed should be
' specified in local subdivision ordinances. The regulations should specify why, when, where, and
how much land will be required as well as criteria pertaining to the type of land that may be
offered for dedication. A formula for determining the amount of land a developer must offer
' should be made explicit. The amount of land to be dedicated should not be based on an arbitrary
case -by -case basis. Instead the amount of land to be required for dedication should be related to
recognized open space standards and should reflect the density and type of development proposed.
' As a condition to a special or conditional use permit, access should be provided for when the
permit is issued by the local governing board. At that time, a plat should be prepared and
23

incorporated by reference into the terms and conditions of the permit. The plat should bear a
certificate of dedication and both the permit and plat should specify when improvements by the
developer will be completed.
State enabling legislation (G.S. 136-102.6) requires that subdivision plats filed since 1975
designate all streets as being public or private. Streets designated as public are presumed to be
offers of dedication.
Subdivision ordinances can also require that interior subdivision streets be dedicated to the public.
The subdivision enabling statutes for both towns and counties allow local ordinances to provide
for "the coordination of streets and highways within a proposed subdivision with the existing or
planned streets and highways and with other public facilities." To make use of this authority, the
subdivision ordinance should clearly indicate that streets and roads running generally
perpendicular to the beach be platted to extend to the mean high tide line.
b. Fee
County subdivision regulations provide the developer with the option of paying a fee to the county
in lieu of dedicating recreational land (G.S. 153A-331). The developer may be required to pay
an amount of money equal to the value of the space required to be dedicated. This money should
be placed into a fund specifically designated for the acquisition of access areas. The "fee in lieu"
option is not available to municipalities.
C. Reservation
An emerging land use tool allows both county and municipal subdivision regulations to require
developers to reserve land for recreational purposes and for street and utility rights -of -way or
easements (G.S. 153A-331 and G.S. 160A-372). One advantage of such reservations is that they
do not impose dedication requirements in instances that may amount to a taking without just
compensation, yet they give the local government time to acquire funds to purchase the property.
As this is a relatively new tool, its advantages and disadvantages have not been evaluated.
Case law regarding the use of developer exactions to provide beach access is.poorly developed,
particularly in North Carolina, and the ability of local governments to use these techniques is not
firmly established. There are a number of questions regarding the implementation of these
measures for access purposes. As there are few court decisions, these standards should be carefully
studied before such measures are attempted. A thorough reading and understanding of
Dedicating and Reserving Land to Provide Access to North Carolina Beaches (September, 1982),
by Richard Ducker of the UNC Institute of Government, is highly recommended in addition to
contacting and consulting one's local government attorney.
24

n
11
0
0
3. Potential State and Federal Shoreline Access Funds
The number of state and federal agencies funding public access projects changes from year to year,
and so to a certain extent town officials will need to keep abreast of these changes through regular
contact with these agencies. In general, it is a well -recognized fact among state/federal elected
officials and employees that the demand for access to our coastal shorelines continues to increase
and as a result, local governments are looking to other agencies to assist in bearing the cost of
providing suitable facilities.
Agencies that provide assistance in the construction and/or acquisition of public access projects
include the Coastal and Estuarine Water Beach Access Program, Land and Water Conservation
Fund, Civil Works Program, Marine Resources Commission Fishing Access Program, Wildlife
Resources Commission Boat Ramp Program, and Department of Transportation Secondary Road
Program.
a. Coastal and Estuarine Water Beach Access Program
The Coastal and Estuarine Water Beach Access Program is administered by the Division of
Coastal Management in the Department of Environment, Health and Natural Resources. The
program makes funds available to local governments on a matching basis for land acquisition and
public access facility development. Some examples include the construction of parking areas,
restroom facilities, and handicapped accessible accessways. Grant packages are normally available
in March of each year. In recent years, grants have averaged from approximately $38,000 to
$48,000. The local government contribution must be at least 25 % of the total cost.
Contact: Ms. Kathy Vinson
Division of Coastal Management
NC Dept. of Environment and Natural Resources
Hestron Plaza II
151-B Highway 24
Morehead City, NC 28557
Phone: [phone]
b. Water Resources Development Grant Program
This program is administered by the Division of Water Resources in the Department of
Environment, Health and Natural Resources. The program makes funds available to local
governments on a matching basis for general and recreational navigation, flood control, drainage,
stream restoration, beach protection, recreation, and aquatic weed control. There are two funding
cycles each year, with applications generally due by January 1 and July 1. State funds are
available for the non-federal share of the project at the following participation level: navigation
(80176), recreational navigation (25916), water management (66-2/39o), stream restoration (66-
2/396), beach protection (7591b), water based recreation (50%), and control (50916). Grants have
averaged approximately $32,000.
25

Contact: Mr. John Sutherland
Division of Water Resources
NC Dept. of Environment and Natural Resources
P.O. Box 27687
Raleigh, NC 27611
Phone: [phone]
C. Fishing Access Program
The Marine Resources Commission has a Fishing Access Program for the purpose of increasing
land -based fishing opportunities. The program makes funds available to local governments on
a 2596 local/75% reimbursed matching basis for facilities such as fishing piers, bulkheads with
cantilevers, capping jetties, and catwalks on bridges. Funds are available for projects on coastal
waters under the jurisdiction of the Division of Marine Fisheries, but not for inland waters. Initial
inquiry is made by means of a letter of notification of intent to apply to the Division of Marine
Fisheries. Grants have normally ranged from $ 10,000 to $40,000.
Contact: Mr. Murray Wolf
Division of Marine Fisheries
Department of Administration
P.O. Box 769
Morehead City, NC 28557
Phone: [phone]
d. Boat Ramp Program
The Wildlife Resources Commission has a Boat Ramp Program and makes technical assistance
available to local governments for the purposes of constructing boat ramps on either public
property or on private property with at least a 20-year lease to the Commission. The Wildlife
Resources Commission will construct and maintain the ramp; however, they have limited funds
for constructing new ramps and are focusing efforts on maintaining the launching areas they have
previously constructed. In addition, priority projects are scheduled in advance for a two-year
period. Sites for possible consideration should be brought to the attention of Charles R. Fullwood,
Director of the Wildlife Resources Commission.
Contact: Mr. Don Tobaben
Wildlife Resources Commission
NC Dept. of Environment and Natural Resources
P.O. Box 27687
Raleigh, NC 27611
Phone: [phone]
26

U
P
ri
e. Secondary Roads Program
The Department of Transportation's Secondary Road Program can be used for the construction
of public roads that would be added to the state's secondary road network. One example of this
type of project is the construction of a short access road to an estuarine access site on the Newport
River in Carteret County.
Contact: Mr. Jack Murdoch
Department of Transportation, Secondary Road
1 S. Wilmington Street
Raleigh, NC 27611
Phone: [phone]
Other Programs
Other state programs for land acquisition include the Division of Coastal Management's Estuarine
Sanctuary Program and Natural Areas Acquisition Program. These programs are generally
funded, and projects must meet state and federal criteria and requirements. Usually, Division of
Coastal Management staff establish acquisition priorities; however, local efforts can bring potential
projects to the attention of the state. Examples of this include both the Masonboro Island and the
Permuda Island acquisition projects. In both instances, local citizens' efforts helped to make state
officials aware of the value of protecting the properties in their natural state through public
acquisition.
4. Potential Local Funding Sources
The local government has perhaps the heaviest financial burden with respect to providing public
access. Not only must the local government pay for land acquisition and/or construction (with
or without grant assistance), but then it must also pay for the daily maintenance of the accessways
and the long-term maintenance of the access facilities.
Some of the potential funding sources available to the town include general fund revenues, general
obligation bond revenues, impact fees, occupancy tax revenues, subdivision regulation dedication
requirements, parking fees, volunteer efforts, foundation grants, and donations.
5. Potential Sources of Non -Shoreline Access Funding
a. North Carolina Department of Transportation
Beautification projects are also funded by the DOT. The Intermodal Surface Transportation
Efficiency Act of 1991, which reauthorized federal aid for highways and public transit for fiscal
years 1992 through 1997, provided funding for "transportation enhancements." Enhancements
include the following activities:
27

♦ Scenic easements, scenic sites, scenic highway programs, landscaping, and other
scenic beautification.
♦ Preservation of abandoned railway corridors (including conversion and use for
pedestrian or bicycle trails).
♦ Historic preservation; historic sites; historic highways program; rehabilitation and
operations of historic transportation buildings, structures or facilities (including
historic railroad facilities and canals).
♦ Pedestrian and bicycle facilities.
♦ Control and removal of outdoor advertising.
♦ Archaeological planning and research.
♦ Mitigation of water pollution due to highway runoff.
Enhancements in North Carolina are handled through the state's Transportation Improvement
Plan (TIP) process. The town should contact the DOT and/or its DOT board member to discuss
specific projects.
Contact: North Carolina Department of Transportation
1 S. Wilmington Street
Raleigh, NC 27611
Phone: [phone]
b. Division of Archives and History
The Division of Archives and History provides both planning assistance and specific project
funding. Grants are available on a 50/50 matching basis to assist in the delineation of historic
districts. In addition, state grants of up to $100,000 are available for the development and
adaptive reuse of historically significant properties. However, it is not likely that Emerald Isle
would have any properties which would meet the criteria for this grant. The funds are
competitively awarded and do not require a match.
Contact: Division of Archives & History
109 E. Jones Street
Raleigh, NC 27611
Phone: [phone]
C. Rural Tourism Development Grants
Rural Tourism Development grants are available through the North Carolina Department of
Commerce. Funding varies from year to year depending upon the state budget allocation. In
addition, specific program guidelines are subject to change annually. The following provides a
summary of the fiscal year 1994-95 program:
1) Description of the Program - The Rural Tourism Development Grant Program was created by the
North Carolina General Assembly to enhance economic growth through tourism development in the rural
areas of the state. The program for fiscal year 1994-95 consisted of a $400,000 fund intended "... to
28

encourage the development of new tourism projects and activities in rural areas of the state." For the
purpose of this program, the Travel and Tourism Division has adopted the definition of"Rural" established
' by North Carolina's Rural Economic Development Center, specifically those counties having population
densities of less than 200 persons per square mile. This includes 85 North Carolina counties, but
specifically does not include Cumberland, Gaston, Davidson, New Hanover, Guilford, Buncombe,
' Alamance, Rowan, Cabarrus, Catawba, Forsyth, Mecklenburg, Durham, Orange, and Wake. Additional
consideration is given to more economically distressed rural counties. Proposed projects should be of a
durable and lasting nature, visible in the community to inspire others to succeed, and capable of
generating measurable, verifiable, long-term economic growth through increased tourism.
2) Purpose - The Rural Tourism Development Grant Program is designed to:
' ♦ Encourage the initiation and implementation of creative new tourism -related projects and
activities having the capacity to enhance long-term economic growth in North Carolina's rural
areas through increased travel activity;
' ♦ Encourage the implementation of cooperative regional tourism development projects and
activities, not exclusive of efforts within individual communities or among communities within
a given rural county;
' ♦ Provide funds through grants to destination marketing and non-profit organizations for the
development and recruitment of tourism businesses and attractions;
♦ Foster the development and growth of regional tourism marketing and development
organizations in rural areas of the state;
' ♦ Leverage funds from non -state sources for tourism development projects and activities.
3) Eligibility - Any statutorily empowered tourism marketing/development agency, or legally chartered
' non-profit North Carolina organization in a designated rural county that includes tourism marketing
and/or development among its major activities, may apply for funds under this program. Documentation
of legal status, tax exemption, and a federal identification number is required with the application.
' 4) Maximum Grant Amount - No recipient or new tourism project received a total of more than $25,000
of these grant funds for the 1994-95 fiscal year.
' 5) Matching Formulae - The matching formulae favors economic growth in the less affluent areas of our
state. Ranked on the basis of lowest per capita income, slowest population growth, and highest
unemployment, organizations in counties 1 through 20 will be required to provide one non -state dollar
' for every four state dollars awarded. Those in counties 21-50 must provide one non -state dollar for every
three state dollars, and in counties 51-85, one non -state dollar will be required for each dollar received
from the state. In fiscal year 1994-95, Pamlico County ranked 58.
' 6) Appropriate Uses of Grant Funds - Appropriate projects for which grant funds might be used include:
' ♦ Research - marketing and other types of necessary research or studies upon which to base a long-
range, tourism -based economic development plan;
♦ Planning - needs assessment and implementation of a long-range, tourism -based economic
' development plan;
Capital Projects - equipment purchase, renovation or construction of facilities. Capital uses are
only permitted in support of program development, and expenditures for office equipment may
not exceed 25976 of the total grant awarded;
' ♦ Training - development and presentation of hospitality, management, marketing, and/or other
types of tourism training programs to enhance long-term economic growth by improving a
community's competitive position;
29
1

♦ Technical Assistance/Contractual Services - services provided by outside vendors under contract
that will result in enhanced long-term economic growth and the creation of new jobs.
Contact: David Little
Department of Commerce
Division of Travel and Tourism
430 N. Salisbury Street
Raleigh, NC 27611
Phone: [phone]
d. Land and Water Conservation Fund
The Land and Water Conservation Fund is administered for the U.S. Department of Interior
through the N.C. Department of Environment, Health and Natural Resources, Division of Parks
and Recreation. This program makes funds available to local governments on a matching basis
for land acquisition and recreation facility improvements. This program has provided numerous
grants over the past years, but the amount of funds available is limited and thus grant applications
are very competitive. Grants have normally ranged from $35,000 to $75,000.
Contact: Division of Parks & Recreation
NC Dept. of Environment and Natural Resources
127 N. Cardinal Drive
Wilmington, NC 28405
Phone: [phone]
e. Clean Water Management Trust Fund (CWMTF)
Any of the following are eligible to receive a grant from CWMTF for the purpose of protecting
or enhancing water quality:
1. A State agency.
2. A local government or other political subdivision of the state or a combination of
such entities.
3. A non-profit corporation whose primary purpose is the conservation, preservation,
and restoration of our State's environmental and natural resources.
No match is required; however, Trustees may choose to fund projects at less than 100% of the
application request.
Grant monies from CWMTF may be used for any of the following purposes:
1. Acquire land for riparian buffers for environmental protection of surface waters or
urban drinking water supplies, or for establishing a network of greenways for
environmental, education, or recreational uses.
30

L
2. Acquire easements in order to protect surface waters or urban drinking water
supplies.
3. Coordinate with other public programs involved with lands adjoining water bodies
to gain the most public benefit while protecting and improving water quality.
4. Restore degraded lands for their ability to protect water quality.
5. Repair failing waste treatment systems: if (a) an application to the Clean Water
Revolving Loan and Grant Fund has been submitted and denied in the latest
review cycle; (b) repair is for a reasonable remedy to an existing waste treatment
problem; and (c) the repair is not for the purpose of expanding the system to
accommodate future anticipated growth of a community. Priority shall be given
to economically distressed units of local government.
6. Repair/eliminate failing septic tank systems, to eliminate illegal drainage
connections, and to expand waste treatment systems if the system is being
expanded as a remedy to eliminate failing septic tank systems or illegal drainage
connections. Priority shall be given to economically distressed units of local
government.
7. Improve stormwater controls and management.
8. Facilitate planning that targets reductions in surface water pollution.
Contact: Clean Water Management Trust Fund
2313-B Executive Park Circle
Greenville, NC 27834
Phone: [phone]
f. Parks and Recreation Trust Fund (PARTF)
In 1993, the General Assembly established PARTF to provide funding for the state parks system,
local park and recreation projects, and coastal beach/estuarine access projects. The Parks and
Recreation Authority directs expenditure of the funds.
Thirty percent of the trust fund is used for matching grants to local governments for public park
and recreation development, renovation, and/or land acquisition. Counties and incorporated
municipalities are the only eligible applicants and must possess long-term control of the subject
property. School administrative units may jointly apply with either an incorporated city or
county.
Approximately $6 million will be available for local projects during fiscal year 1998-1999, with
$250,000 maximum on individual grants. Applicants must make a dollar -for -dollar commitment
of local revenue to match state funds received under the program.
Contact: Division of Parks and Recreation
NC Department of Environment and Natural Resources
12700 Bayleaf Church Road
Raleigh, NC 27614
Phone: [phone]
31

IV. CLOSING REMARKS
The shortage of vacant land in Pine Knoll Shores places the town in the position of having to plan '
for future Recreation/Shoreline Access resources well in advance. The reality is that once the few
remaining vacant parcels in town are developed, it will become nearly impossible for Pine Knoll
Shores to expand its recreation/access facilities. It is critical that the town pursue land acquisition '
as soon as possible.or opportunity may be lost.
V. RECOMMENDATIONS '
The following summarizes the recommendations which the town should pursue to establish I
shoreline access sites.
1. The town should amend the 1996 CAMA Land Use Plan to ensure that the plan is I
supportive of the development of public shoreline access facilities.
2. The town should review and revise, as necessary, its zoning and subdivision ordinances to
provide incentives to developers to provide dedicated public shoreline access. While the
town may require/compel such dedication, it will be easier to accomplish if the property
owners and/or developers believe that some benefit will accrue to them.
3. The town should immediately pursue negotiations with the Trinity Center and Sumner
Suites to secure easements for public access sites (easements to be approximately 10 feet
wide). Once easements are obtained, the town should apply for Division of Coastal
Management funds to assist with site development. The Trinity Center site has the
potential to provide approximately 15 off-street parking spaces. The Sumner Suites access
site will not have off-street parking. Securing the Trinity Center easement will be
contingent upon legal review to ensure that no existing restrictions imposed by the
Roosevelt family will be violated. The sites are shown on Map 1 and are generally
delineated on Drawings 1 and 6.
4. The town should immediately apply for Division of Coastal Management funding to assist
with the development of a sound -side neighborhood shoreline access site at a 10 foot wide
easement which the town currently owns. This easement is located adjacent to McNeil
Inlet. This site will not provide off-street parking. The site is located on Map 1 and
delineated on Drawing 5.
5. The town should pursue negotiations with additional property owners to obtain easements
for public ocean shoreline access sites. At a minimum, the additional properties should
include the following:
* Ramada Inn/No Parking (Drawing 2).
y►r Iron Steamer Pier Property/No Parking (Drawing 3).
32

�k Memorial Park/Potential Parking (Drawing 4).
�k Crystal Coast Inn/Potential Parking (Drawing 7).
These sites are located on Map 1. Additional sites should be identified through further
negotiations. Cost estimates for site development cannot be prepared until specific
easement agreements are negotiated.
33

TOWN
PINE KNOL L
34
LEGEND
RESIDENTIAL (DEVELOPED AFTER OCT. 1991) rtk'
to
RESIDENTIAL z`?�a=`.s
a
OF RESIDENTIAL (DEVELOPED AFTER 1987)f`' ,
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MULTI -FAMILY
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EXISTING LAND USE AND
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MAP I
INSTITUTIONAL
MUNICIPAL
OPEN SPACE AND RECREATION
VACANT -
i
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1
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A T L A N T IC O C E A N
The preparation of this map was financed in
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Carolina Coastal Management Program,
through funds provided by the Coastal Zone
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which is administered by the Office of Ocean
and Coastal Resource Management, National
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6.f•
SUMNER SUITES
BEACH ACCESS
7■
CRYSTAL COAST INN
0 100 200 300 Goo 900 FT,
SCALE
LEGEND
RESIDENTIALMqIDENTIAL
(DEVELOPED
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RESIDENTIAL—
COMMERCIAL
t t
HOTELJMOTEL (COMMERCIAL)
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SS SI
TES
TOWN OF
PINE KNOLL SHORES
EXISTING LAND USE AND
POTENTIAL SHORELINE ACCESS SITES
MAP I
35

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' TRINITY CENTER
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SALTER PATH ROAD HIGHWAY 58
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PROPOSED ACCESS
Scale: 1 inch equals approximately 160 feet.

DRAWING 4
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39
Park
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PROPOSED ACCESS
SITE 4
Scale: 1 inch equals approximately 166 feet.

DRAWING 5
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PROPOSED ACCESS
TOWN -OWNED
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SUMNER SUITES BEACH ACCESS
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CRYSTAL COAST INN
PROPOSED ACCESS
SITE 7
42