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Town of Southern Shores
1997 CAMA Sketch Land Use Plan Update
Local adoption date: July 7,1998
CRC Certification Date: September 25,1998
Document printed by the Town of Southern Shores
SOUTHERN SHORES CAMA SKETCH
LAND USE PLAN UPDATE
1997
Prepared by the Planning Board:
Bobby Outten, Chairman
Robin Morgan, ice Chairman
Elsa Edwards'
Joe Campbell
Paige. Christiansen
Bob Trost, Alternate
Tim Morrison, Alternate
David Watson, ETJ Martin's Point
For the Town Council
And
O
Kern Pitts, Mayor
Carl TU Berntsen, Mayor Pro Tern
Gerald J. Beshens
Diane D. Henderson
Dick Wood
Cay Cross, Town Manager
Carrie Gordin, Town Clerk
With assistance from:
John Crew
Coastal Consortium, Consulting Planners, Inc.
116 Spruce Street
Washington, North Carolina 27889
The preparation of this document was financed in part through a grant provided by the North
Carolina Coastal Management Program, through funds provided by the Coastal Zone INtnagement Act of
1972, as amended, which is administered by the Office of Can and Coastal Resource Management,
National Oceanic and Atmospheric Administration.
O
O SOUTHERN SHORES
CAMA SKETCH LAND USE PLAN UPDATE
1997
Table of Contents
Page
I.
Introduction
1
M
Location _
1
III.
Population and Change
2
IV.
Housing
5
V.
Economy
6
VI.
Community Services — Carrying Capacity
7
OVII.
Current Ordinances —Regulations
9
VIII.
Previous Policy Assessment
9
IX.
Existing Land Use
10
X.
Natural Constraints to Development
10
M.
1997 Questionnaire Results — Major Findings
U
XII.
1997 Policies
15
A Resource Protection
15
B. Resource Production and Management
17
C. Economic and Community Development
17
D. Continued Public Participation
19
E. Storm Hazard Mitigation, Recovery and Evacuation
19
XIII.
Relationship of Policies and Land Classification
20
,UV.
Intergovernmental Coordination
20
OXV.
Land Classification
21
ri
QAppendix
A Citizen Participation Plan — Documentation
B. 1991 Policy Assessment — Scoring
C. Definitions for Abbreviations
M
23
I. Introduction
This 1996-97 Coastal Area Management Act Sketch Land Use Plan Update is the
(� Town's fourth comprehensive planning effort, having already updated its original 1980
v Sketch Plan in 1985 and again in 1991. Sketch plans are for municipalities that are not
experiencing rapid change or are completely platted and know the upper limits of growth_
Sketch plans acknowledge the municipality does not have the full range of natural resource
and economic pressures as other local governments.
This update is a five-year update called for by the Coastal Area Management Act
(CAN -LA.) and is guided by the Coastal Resources Commission's (CRC's) Land Use Planning
Guidelines TIo�iCAC:07B. The plan was prepared by the Planning Board during 1996-97
with grant assistance from the stye. Town staff; other resources and a consulting planner
were also used. In accordance with the 7B planning guidelines, the Town_ adopted a citizen
participation plan, including a questionnaire to afford ingested parties' opportunities to be
involved. Numerous advertised Planning Board meetings, open to the public, offered still
more participation opportunities. A public hearing was held prior to final plan adoption by
the Town.
CAtiLk plan updates offer local governments an opporauuty to assess the
e ecaveaess of their previous plan and to choose policies to help guide the ire of the
community. New issues, perhaps not 2rdsting in the previous plan, can also be addressed.
CA YLk plans are important to local governments, as once ratified by the CRC, they are used
in isst:ance of CANLA. development permits and by other state agency proga-ams that affect the
Town. .
Information used in this update come from various - sources. Population, housing
Oeconomic and other data was provided by the Division of Coastal \Management and other
sources. It was augmented by locally generated information from Town staff and the
Planning Board as well as field surveys. This Sketch Plan Update includes the Town's
corporate limits and the x u --rntce�al �ETJ) area which includes 1%faz-ttins Point. All policies
included later also aDoly to the ET7 area.
IL Location. Phvsical Setting
Southern Shores is located in the northern Dare County Curter Banks area at 30' 06'
21.4" north latitude, 75' 42' 56.9" west longitude. The Town is bounded on the east by the
Atlantic Ocean, the west by Currituck Seund/Ginquite Bay. The western boundary has
numerous. manmade canals leading into C nick Sound. To the south, the Town shares a
common boundary with the Town of Kn:y Hawk; some few miles to the north lies the
unincorporated Dare Court:; Vidlage of Duck. The recently widened Wright 1Memciial (Fwy
158) Bridge connects to the Curtituck County mainland to the west and makes landfall
adjacent to the southern repion of the Town's planning area. 11ighway 12 runs north -south
through the eastern area of the Town. Total land area of the Town is about 7,600 acres.
While stall being a beach community, the Town's ece an front area is in many ways
diLer ent from its neighbors. There is a high, stabilized frontal dune s✓stem that runs the
entire leng*.h of the north -south ocen front. Erosion is not a problem here as it is in other
arras as often ac,;: etion has occur,ed in some areas. The Town is very aware of the potential
for storm damage from major storm events, but the extensive frontal dune system may
m;niTi, e that threat as the cries of the frontal dune avera--es 100 feet landward from the mean
high water marks. Waite hurricanes Be.—tha and Fran in the summer of 1996 did extensive
damage in other areas of Coastal North Carolina, Dare Courn-y and Southern Shores were
relatively untouched by these storms.
West of the frontal dunes lies an area of sand hills and smaller dunes (some 50' or so)
which extend about a quarter of a mile inland. This hill area drops off to the West into a series of _
forested ridges and swales, typical of maritime forests in the region. This area is typically parallel O
to the ocean. To the South and West the terrain is rather flat and to the Southwest leads into
marshes and swamps around Ginguite Bay.
The Town's location offers a typical beach weather environment, mild winters and warm
summers. Average temperature is 61°F and precipitation is 43 inches; most precipitation occurs
during summer months. The area was subdivided into a residential community. This gave the
area that eventually was incorporated into the Town of Southern Shores a level of comprehensive
planning not often seen elsewhere. This foresight has in many ways minimized typical planning
problems and has allowed residents and visitors to truly experience and enjoy the beach/sound
environment.
III. ' Population and Change
Dare County, in which Southern Shores lies, experienced significant growth during the
decade of the 1980's that continues into the 1990's. Southern Shores leads this growth in the
1980's and continues strong into the 1990's. Both government units are expected to continue
strong growth through the 1990's. Figure 1 shows historical patterns. It is interesting to note
that according to 1993 NC Employment Security Commission figures from 1980-1990, Southern
Shores ranked 5th of the fastest growing North Carolina municipalities with populations between
1,000-2,499. One hundred eighteen towns in North Carolina are in this population range. 1990
data showed 15 non white residents in the Town.
Figure 1 O
Historical Ponulation Patterns
Year
1970 1980 1985 1990 % Increase 1980-1990
Dare County 6,995 13,377 17,021 22,746 70%
Southern Shores 75 520 851 1,447 178%
Official Census Figures
Source: LILAC, Office of State Planning, State Data Center
Figure 2 illustrates future growth estimates for Dare County and Southern Shores as follows:
Figure 2
Population Estimates
Year
1991 1992 1993 1994 1995 % Increase 1991-1995
Dare County 23,142 23,474 24,056 24,709 25,758 11%
Southern Shores 1,447 1,507 1,629 1,634 1,750 (approx) 12% O
Source: LILAC, Office of State Planning, ,
2
Dare County showed one of the strongest growth rates of any North Carolina county
during the 1980-1990 decade with a rate of 70%. Southern Shores' phenomenal rate of 178%
clearly lead most municipalities. (Note the Town's 1991 plan showed a 1980 population of
O395 persons, the 1990 figure at 1,452 people producing a rate of increase of 268%.
Regardless of which figure is correct, the Town grew at an extraordinary rate during that
decade).
It is important to note that while the Martin's Point area to the West of Town is
included in the Town's extraterritorial planning area, its population is not included with that
of Southern Shores.
The Office of State Planning does not produce population projections for
municipalities, but the following projections for Dare County may be indicative of
expectations for the Town in the future:
Figure 3
Population Projections
1995 2000 2005 2010
Dare County 25,758 29,177 32,713 36,327
%Increase 13% 12% 11%
Source: LINC, Office of State Planning
OPopulation projections are important in planning so local governments can provide
services necessary to support the increasing numbers. Clearly some portion of the projected
10,569 additional people living in Dare County in the year 2010 will choose to reside in
Southern Shores so Town services will be impacted.
A. Age of Population
361
It is widely known that the majority of full-time residents in Southern Shores
are retired and future full-time populations may possibly continue to be, although the
current trend is for a population of lesser age. While the state produces no age of
population figures for small towns, they are available for counties and Dare County's
older population is shown in Figure 4. These figures may be helpful in drawing
inferences of what is occurring in Southern Shores.
3
Figure 4
Aoe of Pooulation
Dare County by Year O
1990
1991
1992
1993
1994
1995
Total Population 22,746
23,142
23,474
24,056
27,790
25,758
Age 55 and older 5,169
5,167
5,215
5,314
5,453
5,657
% of total 22
22
22
22
21
21
Source: L1NC, Office of State Planning
Coastal Consortium, Consulting Planners, Inc.
Age of population is important in comprehensive planning for several reasons.
Two very important are: 1) it gives indications of household occupancy figures often
not available for municipalities from traditional sources (typically two persons per
household in older age groups) and 2) older populations may have needs that can be
translated into land use planning and policy development. More demands for various
social services, medical facilities, housing types, special transportation needs and so
forth are often seen for older age groups.
B. Seasonal Pot)ulation
CAMA planning guidelines encourage local governments to examine seasonal O
population to gain better insight into expected peak demands on the community. A
method to get seasonal numbers was used in the 1991 plan and an updated version is
employed here. Certain assumptions are made with any projection method, but the
results can be useful for planning purposes. At allowed densities, approximately 2,500
total dwelling units can be expected in Southern Shores at total build out sometime in
the future. Year-round occupancy is estimated to be about half of all housing units or
probably fewer than 1,250 units. Based on age of population forecasts, there 1,250
units would house two people per unit; thus yielding 2,500 people. The remaining
half of the total 2,500 dwelling units; 1,250, would house seasonal populations.
Seasonal populations, by their very nature are larger than year-round populations per
household, and using an average of six people per housing unit yields 7,500 persons.
This figure, added to the 2,500 year-round population totals 10,000 persons in
Southern Shores at peak build out at peak seasonal population.
This number is a function of assumptions and many variables and could
change significantly as variables change. For example, zoning changes permitting
higher housing densities would clearly affect Town population, as would aggressive
real estate marketing. Nonetheless, seasonal figures are helpful for planning purposes
and do provide the Town with some basis upon which to proceed.
EO
4
ICI. Housin
0
A. ype
Housing in Southern Shores is typically low density (1-2 units per acre),
single-family detached dwellings that are preferred by respondents to the Town's past
land use questionnaire. Indeed this was the overwhelming response pattern in all four
of the Town's questionnaires since the original conducted in 1980. Figure 5 compares
number of housing units in structures in Dare County and Southern Shores in 1990.
The 1,450 housing units in the Town in 1990 are roughly equal to the 1990 population
of 1,447 persons. This can be explained by the high number of vacation, second
home, rental and investment units in Town.
Figure 5
Number of Housing Units *in Structure: 1990
1 Unit
1 Unit
2
3-4
Total
Detached
Attached
Units
Units
Units
Dare County 15,858
515
498
378
17,240
Southern Shores 1,431
16
3
0
1,450
Source: Census of Population and Housing, Summary Tape File 3A
Clearly single-family detached units are the overwhelming preference
in Southern Shores and Dare County in that in Dare County they comprise
91% of all units; in Southern Shores 95% of all units. Single-family detached
units in Southern Shores comprised 9% of all single-family units in Dare
County in 1990. Housing type is important in land use planning in that they
have different demands local governments must provide. For example multi-
family units, that typically are also multi -stores created special fire fighting
and rescue needs.
B. Age
Housing age analysis gives planners a profile of the vitality of housing
stock Stated differently, newer housing typically present fewer problems for
local governments than older housing. For example small lots with small
front, side and rear yards often are characteristics of older housing. This can
lead to service provision concerns such as obsolete driveway alignments, and
simply due to age may be more fire prone, creating hazards. Newer housing
often does not present these concerns. Housing in Southern Shores is
relatively new as shown in Figure 6. Nine hundred and nineteen (919)
structures were built during the 1980 decade. This was 63% of all 1,452
structures built in all years.
ig
Figure 6
Housina Aae: Southern Shores Year O
Structure March 1988- 1984- 1979- 1969- 1959- 1949- ' 1939/
Built 1990-89 1985 1980 1970 1960 1950 1940 Earlier
157 452 310 353 75 72 28 5
Source: Census of Population and Housing,
Summary Tapes File 3A
C. Building Permits
Building permits also indicate new construction. (Even though each permit
issued may not result in a structure built, for planning purposes building permits are
important.) Figure 7 shows permits issued from 1991-97. Obviously, any unit built
with these permits are very new. The 404 permits issued during this period correlate
strongly with the 310 structures built in the 1980-84 timeframe shown in Figure 6
above. This correlation may indicate a strong building future in Southern Shores
during the remainder of the 1990's.
Figure 7
Building Permits by Building Tvnes
Southern Shores
Non
Single 2 3-4 5 or more Residential
Year Familv Familv Family Familv Buildings
1991
34
0
0
0 0
1992
58
1
0
0 0
1993
62
.0
0
0 0
1994
62
0
0
0 1
1995
56
0
0
0 0
1996
69
0
0
0 0
1997
63
0
0
0 0
Totals
404
1
0
0 1
Two structures also demolished this year.
Source: US Bureau of the Census, Building and Construction Division
Southern Shores Inspection Department — 1995-97 data
V. Economv
Southern Shores's predominant single-family housing composition makes it truly
unique to the outer banks. There are no hotels, motels or restaurants or the proliferation of
other commercial development that is typical in beach towns. The limited housing that is for
6
rent is matched by the very limited commercial land use in Town. The Town's character is
thus set; a single-family community without much service commerce. The Towns' tax base
- lies in the value of housing and other property. Buying power of its citizens is measured in
Ofamily and per capita incomes. Figure 8 shows Office of State Planning data on Dare County
and Southern Shores residents' income for 1990, 1980 and 1970. In 1990, median family
income was S31,548 in North Carolina and $35,225 in the United States. Southern Shores
1990 median family income was S47,135. By these measures Southern Shores is an affluent
community.
Figure 8
Income -1970-1990
Family Median Mean
Total Incomes 5- 10- 15- 25- Family Family
Famines Less 5K 9.9K 14.9K 24.9K 49.9K 50K+ Income Income
Dare 1990 6,469 124 234 393 1,205 2,873 1,640 34,891 40,700
County 1980 3,794 256 681 758 .1,206 739 154 16,322 20,411
1970 1,908 624 759 316 135 74 0 6,536 8,350
Southern 1990 493 2 9 15 44 197 225 47,135 56,464
Shores 1980 126 0 13 30 11 39 33 29,167 36,404
1970 NIA NIA NIA N/A N/A N/A N/A NIA N/A
The Town's economy lies in its retirement and second home base and it is not subject to the
O whims of a commercial based economy as other beach towns are.
While a part of Dare County, the ETJ area is under the planning authority of Southern
Shores. As such the Town's zoning, subdivision regulations and other codes apply within.
These regulations and the Town's policies for future development ensure that development
within the ETJ area will be essentially the same as within the Town and will reflect the
Town's character. The Town has no plans to physically expand its corporate limits, it only
intends to manage and regulate growth and development within the ETJ area.
VI. Community Services -- Carrvina Capacity
Planning guidelines require local governments to evaluate the public services that
support a community. This helps the local government determine how to best plan for
upcoming needs.
In this regard, some services the Town benefits from are actually provided directly
by the county or through contract agreements. Dare County provides schools, public water
and solid waste disposal. The Town provides police protection, street maintenance, fire
protection and contracts with the county for solid waste collection and disposal. A tipping fee
for disposal is paid by the Town. The Town also has an adminisuative staff of five including
a manager, clerk and building inspection personnel.
Wastewater Treatment
As no municipal system exists, the Town relies on individual septic tanks for the
majority of waste disposal. Package plants also are permitted as long as they serve
7
development in Southern Shores only. Soil conditions and local zoning require fairly large
lots, 20,0000 sq. ft., for most residential lots and few problems with effluent have been noted.
Water
Most potable water for Southern Shores is provided by the Dare County Regional o
Water System (a few lots are on individual wells). Supply for the system is the reverse
osmosis plant at Kill Devil Hills, and wells there and also wells on Roanoke Island. Dare
County provides water only within the county and supply is believed to be adequate for
present needs and the foreseeable future. Dare County has prepared a water supply plan that
is required and approved by the State. No special issues in this document are noted for
Southern Shores; those issues applying to the county also apply to the Town.
Solid Waste
Collection and disposal for Southern Shores is by contract with Dare County. The
county is part of a regional system with disposal in Bertie County. The Town provides
recycling through contract with Waste Management, a private firm. Both services appear
adequate for present needs, but long term growth in the county may require future disposal
adjustments. The waste disposal contract runs from 1994 through 2014.
Streets/Roads
The Town provides regular maintenance to public streets and the NC Department of
Transportation serves state highways. While the Town has no individual thoroughfare plan,
the Town is included in DOT'S Outer Banks thoroughfare plan. A bridge to the Currituck
County Outer Banks to the north will eventually become a reality. This purportedly will take
traffic pressure off Hwy 12 and to a lesser extent Hwy 158.
Fire Protection
This service is provided by the Southern Shores Volunteer Fire Department which
operates two stations in the Town. The Town does receive assistance from other fire
departments in the Outer Banks area through mutual aid agreements. The Town's fire
insurance rating was recently upgraded to a 5 on a scale of 1-10 with 1 being the highest.
Police
The Town has its own police force consisting of a chief a lieutenant, a detective,
five patrol officers and one clerk. There is also an auxiliary officer who can be called upon as
needed.
Schools
Public education is a county function. Town students attend either Kitty Hawk
Elementary School, First Flight Middle School or Manteo High School.
Ne
8
Drainage
The Town does not have any manmade drainage infrastructure except that installed
by DOT along the major highways. All soils in the Town are sandy with rapid permeability,
thus negating traditional drainage needs.
Other
Since the 1991 Plan, the Town's mailing address is now Southern Shores, although
the post office is still in Kitty Hawk
VII. Current Ordinances -- Regulations
Southern Shares enforces a Town Code that includes specific ordinances that affect
land use in the Town. They are a Zoning Ordinance (Ord. No. 81-0026, 7/7/81 and
subsequent amendments,) Subdivision Regulations (Ord. No. 79-0003, Art. 1, 5/23/79), N.C.
State Building Code (Ord. No. 79-0008, 8/7/79), and Flood Hazard Management Ordinance
(Ord. No. 91- ). Additionally the Town also issues Minor CAMBIA Development Permits
(CAMBIA, I&E Plan, Ord No. 80-0017, 4/8/80). Other county regulations affecting the Town
include Dare County's.Health Department septic tank permitting and rules and regulations of
the Dare County Regional Water System. U.S. Army Corps of Engineers also regulates 404
Wetlands.
Several property owners associations have an architectural review process; Fairway,
O Mallard Cove, Pelican Watch, Chicahauk and Southern Shores Civic Association.
The Town's involvement in project Blue Sky has been at the forefront of Town
activities over the last several years. This project, designed to improve construction standards
in beach areas is likely to continue into the future.
While not an ordinance per se, the Town's Land Use Plan is used as a basis for Town
regulations and .decision making. Zoning basically complies with Town policies and the land
classification map. The Town's Sketch Plan, by definition, should be the basis for many
Town actions.
VIII. Previous Policv Assessment
CRC planning guidelines call for each local government to evaluate policies from its
past Land Use Plan as a prelude to a new plan update. This gives the local government the
opportunity to reflect on its past goals, determine if they have been reached and provide a
foundation upon which to depart on its new policy development process. Sometimes
conditions change in ways to make previous policies obsolete or moot. Conversely, if no
significant change has occurred and if local opinions have remained constant, Southern
Shores may have no reason to adjust a particular policy and may repeat those included in the
1991 Plan.
The Town's 1991 Plan included 45 specific policies. Planning Board review showed
O only one policy had not been attempted or achieved and another only partially achieved.
Policies attempted or achieved were given a "one", those partially achieved were given a
"one-half' and those not achieved, a "minus". Thus, 43 1/2 or 96.6% of all policies in the
E
previous plan were attempted or carried out. This is a very enviable performance the Town is'
proud of
An outline of the 1991 Policies and how they rated are included in the Appendix.
Many methods exist for evaluating previous policies. Southern Shores chose a O simple one. Each policy was reviewed by the Planning Board. If the Town had achieved or
attempted to achieve the policy a score of "I" was given. If the policy had not been achieved
or attempted a "0" was given. If policies were unrealistic or no longer an issue, the policy
was determined to be "moot" and no score was given.
IX. Existine Land Use
Land uses changes since the 1991 Plan have revolved around new housing in -filling
on previously platted lots. All residentially zoned property has been platted. Building permit
data show 216 single family and 1 two family unit receiving permits from 1991-94.
Structures resulting from these permits have been dispersed throughout Town with no notable
concentrations. 1vTinimum lot size in residential areas is 20,000 sq. ft. with greater densities
being permitted only in Mallard Cove (10 units/acre) and Pelican watch (6 units/acre).
Residential uses are permitted in the limited areas zoned commercial at 8 units/acre. The
Town in 1997 continues to be primarily a single family residential community.
The widening of HWY 158 is the only other notable land use change since the 1991
Plan. Future changes expected include more housing in filling.
Limited property zoned for commercial use exists along HWY 158 and several side
streets. Several parcels zoned for commercial use have been developed for residential uses as
permitted by the zoning ordinance. There are 84 acres zoned for commercial use; of these O
48.5 acres (57%) are developed leaving; 35.5 acres (430/6) undeveloped.
X. Natural Constraints to Development
The CRC planning guidelines require local governments to evaluate those local
natural conditions that may limit, require adjustment, or simply prohibit development.
Physical limitations may make development costly or may cause undesirable consequences
when developed. For Southern Shores these natural conditions are in two major categories:
Areas of Environmental Concerns (AEC) or other areas.
AECs are designated by the CRC throughout the twenty coastal county area. Two of
these, the Ocean Hazard and Estuarine System are found in Southern Shores. The Ocean
Hazard Svstem includes the Ocean Erodible Area, the High Hazard Flood Area, and the
Unvegetated Beach Area.
The Ocean Erodible Area generally begins at the low water line or first line of stable
vegetation and is measured inland 30 times the average erosion rate. In Southern Shores this
erosion rate is about two feet so 30 x 2'=60'. So the landward setback line for this AEC is 60'
from the first line of stable vegetation for most residential uses. Southern Shores does not
permit development seaward of the frontal dune. Clearly development in this AEC involves
considerable risk
The High Hazard Flood Area
10
This AEC includes those areas subject to high>velocity waters, as shown on FEMA
maps, and is generally seaward of the frontal dunes. As this area is seaward of the first line
Oof stable vegetation, it is also in a "V Zone" or velocity zone. Again, development in this area
is not without risks and the Town's Building Inspector enforces the Town's Flood Hzzard
Ordinance here.
The Unveizetated Beach Area
The Unvep-itated Beach Area is a dynamic area that is subject to rapid unpredictable
landform change from wind and wave action. These, are for the most part, the `vet beaches
area" to which the public has the right of access for travel, recreation and commerce. The
Town and Coastal Management staff regulate the few structures or activities permitted here
(sand fences, beach bulldozing, temporary structures such as lifeguard stands, etc.)
As stated in the Location and Physical Setting section of this document, the Town's
frontal dune system is different from its neighbors. The system is further inland and has never
experienced overwash.- There are free standing fresh water ponds filled by rain water in some
of the valleys between the dunes. While the state considers dunes "fragile", the Town
believes a combination of CAMA and local regulations provide adequate protection. In this
regard, in case of overwash, the whole Town is considered to be equally at risk
The Estuarine Svstem
This AEC includes several distinct features: estuarine waters, estuarine shorelines,
public trust areas and coastal wetlands.
OEstuarine Waters AEC's. These waters are those on the west side of Martin's Point
to the end of the Point, then north along the western boundary of Town (but not including
Ginguite Bay and the manmade canals to the south) to the Town's northern limit.
Development within these waters and the lands thereunder require a permit from either the
state or the Town. Regulations for this AEC have been developed to protect from
unacceptable uses that unduly interfere with navigation, access and so forth. Piers, docks,
bulkheads and similar activities are typical within this AEC. .
Estuarine Shoreline AEC's are a 75' border of land adjacent to all estuarine waters
within the Town's planning jurisdiction. Development within this area requires a permit
similar to those in estuarine water AEC's. Bulkheads, buildings, driveways and other similar
activities are typical within this AEC.
Public Trust Area AEC's are the navigable waters and lands thereunder within the
Towns planning area. This AEC overlaps estuarine waters AEC, but also include all of
Ginguite Bay and the adjacent manmade canals. Again, development within the waters and
lands thereunder require a permit similar to those for estuarine waters. Please note, however,
the public trust area AEC's do not have an adjacent landward border as the estuarine waters
do. This AEC is only the waters and lands thereunder.
Coastal Wetland AEC's are also found throughout the shoreline of the Town's
western areas. These wetlands are defined by the presence of one of any 10 specific wetland
O vegetation species that are also affected by tides; either being regularly or irregularly flooded.
If these conditions exist, which must be determined by field investigations, then permits are
necessary for development within. This AEC has the most restrictions and only water
dependent uses such as piers, docks and bulkheads are allowed. These wetlands exist as a
11
"fringe" through both banks of Ginguite Bay, .on the Western side of Martin's Point and on
the western bank of the Towns shoreline.
Other Areas O
Other natural areas typically having some constraints for development typically
include areas with poor soils, areas subject to flooding, unique wetlands, unique submerged
aquatic vegetation, watersheds and so forth.
Much of Southern Shores is defined as having soils that may be unsuitable for septic
tank use. 'Individual lot by lot evaluations by the Dare County Health Department
(responsible for septic tank permits throughout the county) have shown that few individual
lots cannot receive a permit. The Town's zoning requiring large lots may play a role, but the
Town routinely accepts the county's decision on septic tank use.
Areas subject to flood hazards are present in the Town's planning area, primarily in
the sound area in Ginguite Bay and Creek vicinity. Much of Martin's Point is also subject to
flooding, however, development may occur if certain precautions are taken. Structures here
must be elevated so the primary floor is at least 10 feet above sea level.
The U.S. Army Corps of Engineers has been given authority by Congress to regulate
the dredaing and filling of certain wetlands called 404 Wetlands. These areas are located
throughout. Southern Shores. Authorization from the Corps is necessary for certain activities.
These areas may also overlap areas requiring a CAMA permit.
Certain submerged aquatic vegetation exist throughout Ginguite Bay and along the
western areas of Martin's Point. These plant communities provide vital habitat for marine
shell and finfish. When CAMA. major permits are being considered, the existence of these
areas is taken into account so that the areas are disturbed as little as possible; dredging or
filling in these areas is generally prohibited. O
The NC Wildlife Resources Commission has recently by rule designated all of
Ginguite Bay and tributaries as inland primary nursery areas. (See 15NCAC 10C.0503).
These areas, similar to those having submerged aquatic vegetation, require caution in
development so as not to destroy or disturb these important fishery resources. Again, new
dredging or filling and other similar maintenance activities are heavily regulated.
While perhaps not a constraint to development per se, the CRC planning guidelines
require local. governments updating their plans to review natural resource and land
development on a small watershed basis, if applicable. The intent here is to show
relationships between land use and water quality. If these show some cause -effect
relationships, the hope is the local government may take some local action to minimize the
effect. State supplied data is to be used in this exercise. Southern Shores is located within the
Pasquotank River Basin and unfortunately complete data for this basin will be unavailable
until the summer of 1997, which may preclude its use in this Plan Update. Southern Shores is
located in a 14 digit hydrologic area known as 03010205230030. Data submitted includes
showing the classifications of all water bodies within the Town's planning area. All of the
Atlantic Ocean is classed SB, all of the Sound, Ginguite Bay and tributaries is classed SC. SB
acknowledges body contact on a frequent basis, recreation, fishing, etc. SC notes infrequent
body contact, uses for agricultural purposes, etc.
The Town recognizes that watersheds are a feature of topography and that many land
uses that may affect water quality in the watershed are outside of its planning authority.
Nonetheless the Town is certainly concerned about water quality within its planning area and O
conducts a regular water testing program and local policies and actions reflect this concern.
The Town's Zoning Ordinance ensures some level of site planning. Minimum lot sizes (for
the most part 20,000 sq. ft.), side, rear and front yard setbacks, are required etc. and this can
12
be said to have positive water quality impacts. The Town's participation in minor CA11dA
permits also reflects this concern in positive ways.
OXI. 1997 Questionnaire Results - Maior Findings
During -this Land Use Plan Update, the Town again conducted a survey of all
property owners to -help determine respondents attitudes about important issues facing the
Town. The questionnaire was mailed by either bulk mail or first class mail to 2,651 property
owners listed in the Dare County tax records. While 1,033 questionnaires were returned only
994 responded to a question concerning affiliation with the Town (permanent resident, non-
resident property owner, etc.) so the later number was used for analysis purposes. The
questionnaire was essentially the same used during the 1990 Plan Update.
The complete questionnaire and responses are contained in a separate document.
MAJOR ENDINGS
• The questionnaire was completed and returned by 1033 people. Almost half of the
respondents were permanent residents and homeowners. Roughly one -in five respondents
was a vacation homeowner and another 20 percent were non-resident property owners.
Rental homeowners made up less than 10 percent of the respondents.
• The respondents strongly agreed that Southern Shores should continue to develop as a low
density, single-family residential community and that Southern Shores should manage
further growth to minimize negative effects on environmental quality. The respondents
also agreed that the cost of new facilities and services. should be borne by developers and
new homeowners. Thev disam eed with -the idea that the entire Town should bear the cost --.
y
associated with new growth and strongly disagreed with the idea of Southern Shores
becoming more tourist oriented.
• Almost three -fourths of the respondents reported that the cur, ent size and location of the
commercial zone was appropriate. About one respondent in five responded that the
commercial zone was too large and should be reduced. Very few respondents wanted the
commercial zone enlarged or a new commercial zone established.
• After reading a description of the current zoning regulations concerning lot width and side
yards, the respondents were asked their opinions of what Southern Shores should do in
this area. The respondents were divided. No position was selected by a majority of the
respondents. The most popular position was to leave the existing regulations alone but a
substantial number of respondents supported increasing the size of side yards. Both
positions had strong support of all sub -groups of respondents.
• After reading a description of the CAMA, regulations, the respondents were asked if the
Town should adopt an ordinance similar to CAMA regulations for the lagoons and
Ginguite Bay. Almost three -fourth of the respondents supported Southern Shores
adopting these regulations.
• The respondents weed that the Town needs to preserve more open space in forested and
other vegetated areas. They neither weed nor disagreed with the idea that property
owners need more access to Currituck Sound and to the ocean. They were also neutral on
the Town buying ocean front lots to provide public access.
Q The respondents agreed that another bridge should be constructed to the mainland from
the Currituck Outer Banks north of Duck. Respondents disagreed that the roads and
bridges were adequate for hurzcane evacuation. These respondents also disagreed with
the idea of making Highwav-.12 five lanes from the Town hall to the telephone booth.
13
Respondents agreed with the proposal to connect the Duck bikepath through Town to the
recently built bikepath on HWY. 158. .
• The respondents rated the importance of nine projects. The project rated most important
was to establish and provide improvements to biking, jogging and walking paths. This
project was rated most important by every sub -group. The second most important was to Q
repair and improve town -owned bulkheading. The two projects with the lowest overall
importance ratings were installing streetlights along Duck Road and US 158 and building
a community center.
• The respondents rated the fire protection, police protection and maintenance of local
streets as their top priorities for improvement. While the other three services were rated
lower, they all received ratings between "most important" and "secondary importance."
This indicates that a substantial number of respondents believe that each of these is a most
important service.
• The respondents are neutral on exploring the feasibility of a regional sewer system. The
respondents supported the Town continuing to have existing utility lines placed
underground even if the Town must pay for it.
Respondents strongly agreed that the presence of adult entertainment establishments
would adversely affect residential property values and adversely affect nearby commercial
establishments and businesses. Respondents also agreed that adult entertainment
establishments would negatively influence their decision to buy a home or vacation in
Southern Shores. The respondents strongly disagreed with the statement that adult
entertainment establishments would enhance the vacation resort attraction of Southern
Shores for vacationing families.
The respondents strongly agreed that they chose to live in Southern Shores because of the
natural environment. They also strongly agreed that the maritime forest is an important
element of what makes Southern Shores a special place and therefore it should be
protected The respondents agreed that the Town should determine if runoff in Southern
Shores contributes to the deterioration of the quality of water in lagoons and in Currituck
Sound and take action if necessary. The respondents agreed with a "moderate and
carefully spelled out" ordinance that would require property owners to get permission
before cutting trees.
Respondents were asked to read an extensive description of restriction on commercial
boats fishing for menhaden. They were then asked if the Town should try again to win
NEC approval of the more rigorous restriction on commercial menhaden fishing
operations in Southern.Shores waters. The respondents agreed that the Town should seek
these more rigorous restrictions.
Respondents disagree with the idea that dogs should be prohibited on the beach all year
round and they disagree with restricting dogs to certain designated periods of the day.
They agree with leaving the existing regulations as they are.
The results indicate that a majority of the respondents thought that their family would use
enclosed, year-round swimming pools and performing arts facilities. These two types of
facilities were ranked one and two by every sub -type of respondent. About one-third of
the respondents indicated that their families would use one additional type of facility,
tennis courts. Over one-third of the permanent resident homeowners indicated that their
families would use meeting rooms but this type of facility was much less popular with the
other sub -types.
0
14
XII. 1997 Policies
OWebster's Third New International Dictionary's definition of policy includes "a definite course or method of action selected (as by a government, institute, group or
individual) from among alternatives and in light of given conditions to guide and usually
determine present and future decisions."
Applied to land use plans under the auspices of CAINL policies provide a framework
of adopted statements that are used to guide future development decisions. Policies differ
from rules or regulations in that they are guiding principles rather than precise, measurable
standards. In land use planning, regulations should follow policies and are one tool used to
achieve the policy. For example, if the Town's policy for housing is to provide for single
family detached units, then the zoning ordinance would specify standards to meet the goal by
requiring lot sizes designed to accommodate single family housing, specific front, side and
rear setbacks, height limits, etc.
Policies in CAiVIA land use plans express a local desire for the future, but are quite
unique in planning in North Carolina as they are also used by various state and federal
agencies in making decisions as to how their operations affect a local government. For
example, development permits issued by the State's Division of Coastal Management must be
consistent with local land use plans, including policies, before that permit can be issued, even
if otherwise it meets all the regulatory standards for that development proposal. This gives
the local government an important opportunity to be a partnership player in land use decisions
_that involve state agencies.
Policies here evolved from an evaluation of policies in the previous plan,and a careful
review of the current conditions in 1997 in effect now (such as population changes, new
O housing starts, adequacy of potable water, etc.). Numerous Planning Board meetings were
held, open to the public and adequately advertised, so those wishing to attend could. The
Town also conducted a survey of property owners. Finally significant guidance was provided
by the Planning Board after taking all of these matters into consideration.
During policy development, alternatives were considered in various degrees; from
considering letting market forces and the economy drive land use decision making to
considering requiring more strict policies for development within AECs than those imposed
by the state. The Town believes policies presented here offer a reasoned compromise
between no control and severely restrictive control on issues that affect the Town's character
and quality of life.
Paramount to all policies in this document are several overriding coals and obiectives.
Each policy attempts to provide guidance in how the Town hopes to achieve the broader
community development goals. The Town intends to remain predominately a low density,
single family detached residential community. The Town does not desire nor want the mire
of commercial activities associated with other "beach" communities. The Town does not
want a great influx of "tourist" seeking a more typical beach vacation associated with a tourist
destination. The Town wants to maintain its quiet residential character for residents and
property owners and does not want this character changed.
A Resource Protection
In Southern Shores issues discussed in this category included AECs, wetlands,
Oconstraints to development, use of package treatment plants, potable water, marinas, etc.
Issues not applicable and not extensively discussed included industrial impacts, agricultural
15
runoff, etc. The reader should note discussion of these issues in the data collection and
constraints to development sections of the Plan, specifically pages 10-12.
The CRC's guidelines list 16 issues in the Resource Protection section of the
guidelines. In the Town's 1991 Plan, 19 policies were noted that addressed issues then. As
conditions have not changed since 1991 on many of those issues, the policies remain the O
same. The following list are policies the Planning Board developed to deal with resource
protection issues:
1. statement on community attitude toward resource protection -The Town will rely on county
regulations to deal with septic tank use, state regulations to deal with development within AECs
(unless local regulations are more stringent) and Corps of Engineers regulations dealing with 404
Wetlands .
2. discussions on AECs - Please note in constraints to development section earlier in the Pan - not
duplicated here. The Town relies on CAMA regulations for AECs.
3. local resource development issues relative to AECs - In the future the Town may consider
requiring bulkheading of the manmade canals. The Town does not permit rental of motorized
water home recreational vehicles.
4. protection of wetlands - The Town relies on CAMA regulations to protect coastal wetland AECs
to include primary nursery areas; the Town relies on the U.S. Army Corps of Engineers to regulate
404 Wetlands.
5. other areas -other wetlands. ORWs, shellfish waters, culturaUhistorical resources - Wetland
policies as stated above, the Town' does not contain ORWs nor shellfish waters and no
culturallhistorical resources have been identified. No policy is needed.
6. protection of potable water supplies - The Town will rely on the county regional water system's
protection as adequate to protect the county supplied water. The policy on individual well
installation is to rely on county health department requirements.
7. use of package treatment olants - The Town permits package treatment plans only as a conditional
use for residential development and only if it serves development within the Town, local zoning
regulates.
8. stormwater runoff associated with agriculture, residential development, etc. - The Town will
continue to support the N.C. Environmental Management regulations, CAMA regulations, N.C.
Land Resource regulations, and the Dare County Health Department regulations. The Town will
consider local regulations in the future if circumstances necessitate.
9. marina and floating_homes — moorings or watercraft rentals, moorina fields, dry stack facilities -
The Town does not permit commercial marinas floating homes, dry stacking facilities, or other
floating devices other than recreational vessels. The Town relies on CAMMA regulations for
mooring fields, but will consider local regulations in the future if circumstances necessitate. Boats
are not permitted to be used as temporary or permanent residences.
10. industrial development impacts on fragile areas - No industrial uses are permitted by Town
Zoning.
11. development susceptible to sea level rise - The Town will rely on CAMA regulations, its local
zoning and subdivision regulations, FEMA floodplain regulations and other state/federal agencies
to address this issue.
12. inland excavation for marinas - The Town does not permit commercial marinas, local zoning
regulates.
13. damage of marshes by bulkheading - The Town will continue to cooperate with state and federal
agencies including Coastal Management. The Town will consider local regulations in Ginquite
Bay and the manmade canals in the future if circumstances necessitate. All bulkheading is
regulated by CAIMA regulations.
EO
16
14. development of sound and estuarine islands - Several small "marsh islands" exist within
the Town's planning area, however their limited size and physical characteristics preclude
development, thus no policy. is needed.
O15. management measures designed to reduce local sources of water Quality problems - The
Town will continue to rely on its zoning and subdivision site plan review process to help
address this issue. - The Town is aware that herbicides/pesticides/fertiEzer use associated
with the golf course may contribute to this issue. Both the Town and County conduct
local water sampling programs. The Town will consider local action in the future if
circumstances necessitate.
B. Resource Production and Management
In Southern Shores issues relevant in this category were limited but included
commercial/recreational fishing, habitat areas, residential development impacts on resources
and general statement on community attitude toward production and management. Issues
irrelevant and not discussed include productive agricultural lands, commercial forest lands,
mineral production areas included peat/phosphate mining, etc. Again, the reader should note
discussion of these issues in earlier sections of the Plan, pages 1, 2, 10, 11, 12.
The CRCs guidelines list eight issues in the resource production and management
category. The Town's 1991 Plan did not address any of these issues per se, but some specific
issues were generally dealt with'under resource protection. Please note most of these issues
are not applicable to a small beach community, but rather are designed, for the most part, to
be dealt with by county government. Town policies on these specific issues relevant area:
O 1. commercial forest lands - None exist per se, but the Town is concerned with clear cutting
or heavy modification of wooded lots. The Town may deal with this issue in the future
through a local vegetation or tree ordinance.
2. commercial/recreational fishing - In recent years the commercial taking of menhaden in
ocean waters has occasionally resulted in dead fish on the beach, etc. The Town has
requested a marine fishery prohibition of this activity within the Town's one mile ET7 in
`the ocean.
C. Economic and Communitv Develo-oment
As discussed earlier in the data section of the Plan, Southern Shores' economy
revolves around the value of real estate within the Town and the buying power of its citizens.
The Town, unlike other resort communities, does not have, nor want commercial uses
typically associated with the beach. Instead, the Town desires to remain a single family
residential community. For these reasons, some issues in this policy category simply do not
apply to Southern Shores. Of all CRC policy categories, this section is most applicable to the
Town.
Current CRC guidelines list eleven issues in this category. The 1991 Plan included
seventeen polices, many are deemed still valid in 1997 and are included here. As some of the
previous polices are not precisely in the current guideline categories per se, some of the
current policy categories were combined for clarity and brevity. Economic and Community
Development issues were discussed earlier on pages 2-9. Following each numbered policy,
Oplease note a listing of strategies to attain the policy.
17
1. community attitude toward growth/local commitment to providing services
* Service/facilities are provided to accommodate future growth, but development pays its
fair share through development fees, exaction's, or other means to shift cost to parties
creating it. O
* Growth pace affects Town's ability to accommodate and minimize negative effects.
* The Town will monitor development rate and consider slowing it if needed.
* The Town is almost completely platted; no annexation plans at present.
* Maintain existing residential/commercial land use mix.
* Multi -family districts are not to be enlarged, rezoning commercial to residential
permitted by the zoning ordinance.
* Commercial district is acceptable- as constituted; the Town may accept requests to
rezone from commercial to residential on a case by case basis.
* Commercial uses must serve the population of Southern Shores; continued low density
detached single family community is the Town goal.
2. types, locations on desired Industries
Town zoning does not permit industrial uses
3. desired urban Growth patterns/residential development desires, assessment of services
* Service/facilities are provided to accommodate future growth, but development pays its
fair share through development fees, exaction's, or other means to shift cost to parties
creating it.
* Growth pace affects Town's ability to accommodate and minimize negative effects.
* The Town will monitor development rate, consider. slowing it if needed.
* Town almost completely platted; no annexation plans at present.
* Maintain existin& residential/commercial land use mix.
* Multi -family districts are not to be enlarged, rezoning commercial to residential
permitted by the zoning ordinance.
* Commercial district is acceptable as constituted. The Town may accept requests to
rezone from commercial to residential on a case by case basis.
* Commercial uses must serve Southern Shores; low density detached single family
community is the Town goal.
4. redevelopment including erosion threatened relocation
No structures are ]mown to be threatened by erosion at present, if any are in the future,
it is the owner's responsibility to deal with the issue.
S. commitment/state/federal programs (highways, bridges. CDBG, rural water systems, etc.
The Town is opposed to the five laning of Hwy. 12. The Town will continue to
coordinate/cooperate with state, federal, county and other local governments on
common issues, problems.
6. channel maintenance
Erosion control/channel maintenance only with no adverse impacts and
economic/recreational benefits occur.
7. enerov facility siting and development O None in Town planning area except electric substations. Town will request grant
funds to study overhead power lines, their viability and feasibility of placing them
underground.
18
8. tourism
Tourist attractions are discouraged; Town to remain primarily single family residential
O 9. public water access
Cooperate with civic association to maintain, improve, expand for residents and guests
10. redevelopment of developed areas
Existing ordinance requires combination of non -conforming lots
D. Continued Public Participation
Current planning guidelines include four issues in this category. The Citizen
Participation Plan adopted at the beginning of this Plan update and inc.sded in the Appendix
addresses all the issues here. Therefore Town policy is to abide by its adopted Citizen
Participation Plan which includes ample opportunities for public involvement in the update
process.
D.1. St)ec,,aIIssues
The Planning Board has noted that road access problems in Chicahauk and perhaps
other areas may present problems for residents for evacuation, fire and police services -or other
public needs. Further'study on road access in these and other areas is recommended.
E. Storm Hazard Nriitization. Recovery and Evacuation
OIn the 1991 Plan, the Town had 13 specific policies to deal with this policy category.
The CRC's current planning guidelines contain 12 policy tooics. The Town's 1991 policies
still are valid today and are contained below. Additionally, recent involvement in project
Blue Sky has heightened the Town's (also state and nation's) awareness of the importance of
better structural requirement in order for buildings to withstand the effects of high -winds. As
of this writing it is unclear what role Blue Sky may eventually have on the state building
code; nonetheless the Town has a policy on this program. The Town, as a beach community,
is aware the whole Town and all of its value could be at risk anytime a storm threatens.
The Town is certainly aware of the devastation brought by hurricanes Bertha and Fran
in the Summer of 1996. Fortunately, the Dare County area and Southern Shores were spared
the damage suffered elsewhere in the state. Southern Shores believes its zoning regulations,
building code, participation in CAM A permits, active participation in the Dare County
evacuation plan, and membership in the Dare County Recovery Task Force have prepared the
Town as well as any other coastal community in the event of a storm. Town policies below
ensure the Town meets the spirit and purpose of the CRC's guidelines in this policy category.
1. When new development is permitted in storm hazard areas, it should be at an adequate
distance from those areas subject to the most severe storm forces. The Town will support
and strictly enforce the setback requirements of the Coastal Area Management Act
Z. Encourage privatelpublic buildings to withs,.and wind, water, hurricanes, coastal storms,
enforce state building code.
O 3. The Town recognizes that natural features of the barrier island, such as dunes and
wetland, act to mitigate the damaging effects of hurricanes. It is the Town's policy to
prote- these natural mitigation features by relying on local regulations and CA2VIA
regulations.
Z9
4. Coordinate pre -storm mitigation programs/policies with countylbeach communities
through countywide participation. Support NFIP through participation.
5. Regulate reconstruction in hazard flood areas; redevelop only at current densities through
local, state regulations.
6. Strictly enforce state building code for reconstruction; lobby for more storm -resistant
requirements through local, state regulation and action..
7. Oceanfront reconstruction only after CAMA setback line established, rely on CAMA/local
ordinances.
8. Town may purchase damaged land/properties following a storm during reconstruction,
Town will encourage using natural protective features, take into consideration changes
such as new inlets, new drainage patterns, etc.
9. Special damage assessment team activated prior to June 1 of each year, remind team of
duties.
10. Town has ordinances, plan and procedures to guide reconstruction.prior to June 1 each
year, a special reconstruction task force is activated to oversee recovery ... task force will
advise Town Council on reconstruction issues and will identify opportunities for future
damage mitigation through managed reconstruction.
11. Town will integrate recovery into broader goals for Town and recognize storm damage
may create opportunities to modify existing development patterns not otherwise possible.
12. The Town supports project Blue Sky. As the final effect this project may have on the
State Building Code is unknown at this time, the Town may develop a more detailed
policy in the future that will be coordinated with its other policies.
XIII. Relationship of Policies and Land Classification
Most policies developed during this 1997 Plan Update acknowledge the predominant O
P P g P �
residential nature of Southern Shores, and the preference and desire to continue this character
in the future. Policies allow for future infilling on lots platted years ago, and the Town relies
on the county water system and county septic tank regulations to ensure the public health,
welfare and safety. Policies that encourage reasonable single family development and limited
commercial uses are reflected in the transition and developed land classes. Resource
protection polices ensuring a viable natural area in which to live are reflected in the
conservation class. Some policies dealing with a wider range of growth management issues
may have impacts in all land classes as they transcended the whole range of development
regardless of where it is located.
XIV. Intergovernmental Coordination
At the beginning of this 1997 Plan Update, Town officials wrote to all other Dare
County municipalities and Dare County government advising that Southern Shores would be
updating its Plan this year. Each unit of government was advised of meeting dates, places and
times and was encouraged to attend Planning Board meetings.
The Town's past and present policies of relying on various county agencies, and
various state and federal agencies offers good opportunities to achieve both local, regional,
state and federal goals. The Town's Citizen Participation Plan offered ample opportunities O
for interested citizens to participate in plan development, and this could be said to also have
20
positive impacts on neighboring communities; thus better ensuing some level of coordination
on issues of common concern.
Copies of the preliminary Plan are sent to area local governments for comments and
Ofinal copies of the Town's Plan are routinely sent to all local governments in the county, thus
affording an opportunity for coordination.
Throughout this Plan update, news articles were published advising of the status of the
update and interested parties were urged to participate, thus affording another opportunity for
coordination.
The CRC person assigned as liaison between the Commission and town, Mr. Jerry
Old, was advised in writing of the Plan update schedule, meeting dates and times and was
welcomed to attend Planning Board meetings.
In addition to writing Dare County and other municipalities soliciting input into this
Plan update, the Town's consultant was directed to contact directly the Dare- County and Kitty
Hawk planners. The only notable issue expressed by each is the confusing intersection at
Hwy. 12/158. Dare County advised each local government in the county has an opportunity
to participate in a Transportation Improvement Committee that brings these. matters to the
attention ofNCDOT.
XV. Land Classification
The CRC's planning guidelines present a land classification system (see .0213,
T15A:07B) that is designed to allow the local government an opportunity to show
geographically where certain intensity of desired land uses will occur within the Town's
O Planning area.
This system does not deal with the level of detail that zoning does in specifying uses
such as residential or commercial, lot sizes, percent lot coverage, setbacks, etc., but rather
peaks to a hierarchy of desired development densities from those that are urban in character to
those that have very limited development, if developed at all.
While the States system includes the Developed, Urban Transition, Limited
Transition, Community, Rural, Rural with Services and Conservation Classes, of the seven
only the Developed and the Conservation Classes are used in Southern Shores' land
classification. These classes closely mirror the density of uses permitted in the Town's
zoning ordinance and also acknowledge that the county water system is also available
throughout Town to support desired development. The system also acknowledges that all
lands within the planning area have been subdivided and recorded for many years, thus further
noting the eventual total development of the area. The system also shows certain areas should
be conserved due to their unique natural characteristics or hazardous nature.
. The Developed Class applies to all subdivided areas that have some level of urban
type services; water, roads, utilities and that have adequate approved septic systems.
The state's conservation class is designed to illustrate areas that due to their hazards or
unique natural resources should be developed cautiously, if at all. The Town has again in
1997 subdivided this broad class into three subclasses to illustrate specific circumstance in
Southern Shores.
Conservation I - by state definition, this class includes "all AECs and other similar lands." In
Southern Shores the ocean hazard area, areas subject to flooding, the estuarine system (waters
and shoreline), public trust areas, coastal wetlands, and areas regulated by the US Army Corps
of Engineers "404" regulations are included in this class. Due to the small size of some of
21
these areas, the reader must refer to this definition, as many of these areas do not lend
themselves to accurate mapping, and an on -site identification is often necessary.
Conservation II - This class illustrates all community open space (except the Country Club
property) owned by the Civic Association, or the Chicahawk property owners association.
These areas should be limited to recreational and other low density uses that have very
limited water needs. These areas also are small and dispersed.
Conservation III - This class applies to the 300 acres of the Duck Woods Country Club.
While this area is currently zoned RS-1, community and recreational facilities are permitted.
While this class may have a potential for greater development than that in the Conservation II
class, the Town does not intend to allow higher density development. This area and land
classification is to illustrate and re-emphasize opposition to uses of this class to allow
commercial, high density residential or mixed uses. This classification includes the portion of
the tract fronting US Hwy. 158.
0
22
Appendix A.
CITIZEN PARTICIPATION PLAN O
FOR THE 1996-1997 SOUTHERN SHORES SKETCH
CAMA LAND USE PLAN UPDATE
In accordance with section .0215 of the CRC"s Land Use Planning Guidelines, the
Town Council by resolution has adopted this Citizen Participation Plan to provide
adequate participation opportunities to town residents and property owners:
1) The Planning Board is responsible for guiding and supervising the plan update
and shall make recommendations to the Town Council regarding the preliminary and final
plan.
2) An opinion survey will solicit public opinion on matters important to the town.
The survey shall be distributed in. one or all of the following ways:
a) Nlailed to each property owner in Southern Shores and Martin's Point,
whether resident or absentee.
b) By direct pickup at Town Hall.
c) By presentation to civic groups.
3) All meetings of the Planning Board shall be public meetings to which the public
is encouraged to attend. A calendar of Planning Board meetings shall be posted at Town O
Hall and notices shall be published in the Coastland Times, the Sentinel_ and aired on
Falcon Cable. All local Governments in Dare County will be advised -of the Town's
update to the Land Use Plan, notified of the dates for the Planning Board meetings and
welcomed to attend.
4) News items concerning the Land Use Plan Update will be provided to the
Coastland times and the ySentinel.
5) Other participation opportunities will be provided, if needed, as they arise.
6) Upon completion of the final Land Use Plan Update, the Town Council will
hold a public hearing to consider adoption of the final plan. Advertising of this hearing
shall be in accordance with Section .0402(a) of the CRC"s Land Use Planning Guidelines.
Such notice shall be 30 days in advance of the public hearing and shall state the date, time,
place and purpose of the public hearing and shall provide that a copy of the plan will be
available for review during the 30 day period.
This resolution adopted this the day of February, 1997. ,
' l tQ tt
�L L' l ✓ /J
;>-aY or O
TOWN. OF SOUTHERN SHORES
6 Skyline Road
Southern Shores, North Carolina 27949-3600
LO-P Prr-rs (919) 261-2394
Mayor Pro Tern FAX 261-2394
CARL M. BERNT'SEN
March 6, 1997
Dear Mayor and Council:
Co=dl Members
GERAL.D J. BESF=VS
DIANE D. HENDERSON
DIOr WOOD
The Town of Southern_Shores Planning Board would like to invite you to attend any or all of the
meetings pertaining to their update :oftheLandUse Plan.
The regular scheduled meeting ofthe Planning.Board is the 4th✓Monday or each month at 7:30
p.m. at the Town.Hall.t".; -
We welcome and encourage: -you and any ofyour-staffto'attend.
Thank you in.advairc forvour support.7.
Sincerely,
Carrie Gordirr ` _
Town Cleric _
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•
TOWN OF S6DFNERN &4ORM
NOTIM OF Cu1A LAND USE
PLAN UPDATE
The Tam of Southern Shores
naMss ao Interested parties Vwt 2
Is in the mccass dt uodawg Its
Land Use Plan. The Southern
Shores Planning Board win be
meeting on February 24. 1997 at
7O0 pm- at the SouLhem Shores
Town Hail to dlswss the Land Use
Plan and oarilculany to discuss and
finalize the W=gn survey. The
public Is Invited to attend and
public ==nett Is soncaed and
encouraged.
Submitted by:
C. RAIE 3ORDIN
Town Cant
2.20c
NORTH CAROLI iA
DARE COUNTY.
AFFIDAVIT OF P[;BLICATION
Before the undersigned, a Notary Public of said County
and State, duly commissioned, qualified, and authorized
by law to adFainister oaths, personally appeared
I. .............. --0 ........ ... .... who being
Fast duly sworn, deposes and says: that he (she) is of The
Times Printing Co., Inc., engaged in the publication of a
newspaper known as THE COASTLAIND TI114ES. pub-
lished. issued, and entered as second class mail -in the Town
of Manteo. in said County and State: that he is authorized to
make this affidavit and sworn statement: that the notice or
other legal advertisement, a Lme copy of which is attached
hereto, was published in TIM COASTI.A:V-D T= on the
following dates:
.................T--�!-ru
........................................................:
and that the said newspaper in which said notice, gape_,
document, or legal advertisement was published was, at
the time of each and every such publication, a newspaper
meeting all of the requirements and qualifications of Sec-
tions 1-596 and 1-597 of the General Statutes of North Caro-
lina and was a qualified newspaper within the meaning of
Section 1-597 of the General Statute of North Carolina.
This .. w day of AZ4
Sworn to and subscribed to before me, this . ( ......
� G
day of .......,,! �J/�....... 19....'. I
Notary Public I
My Commission expires:..
0
southern shores se-e-ks Input
for updaIjn� its land uIS-L plan
The Southern Shores planning
board is seeking input from resi-
dents about the required update of
the town's Coastal Area �ianaze-
ment Act Land Use Plan. v
A ouesionnaire will be mailed
to all property owners to invite
their ideas about the future of
Southern Shores. Topics included
pertain to growth. the environ-
ment. open , spaces. recreation,
roads, transportation. and public
serrices.
The board's review of popula-
tion changes and statistics on
housing to date shows an increase
in both areas, but not as much as
during the 1980-90 period.
Economic strengths include
property value and ,nedian in-
comes higher than in
Dare County and iionh Carolina.
The planning board ask' that
residents re -um the questionnaire
as soon as possible. Meetings are
held at Tory- -211 every founh
Monday of the month at '::u ;.. A.
The public is invited to attend. =or
more information. call 261-2394.
i
PAGE 8A - OUTER BA` I<S S^cNTINEL. TrIURSDA'! At RIL _4. 19",
G
N
T 1-? S COASTLAN C TIMES, mur:duy, n z{, tss;. ��98 ;a
Southern Sh-Ores up�iales
its required Land Use Flan
The town of Southern Shores is
in the process of updating its
Sketch land Use Plan as required
by the Coastal Area Management
Act (C.AVMA).
CAMA mandates that towns
and counties in the 20-county
coastal area update their plans at
least every five years, and the
Coastal Resources Commission
(CRC) has developed planning
videlines to guide this process.
Hyde County, New Hanover
County, Beaufort County and
Onsiow County will be updating
their plans this year and 19 towns,
including Kill Devil Hills, Nags
;;ead, Manteo and Southern
Shores in Dare County will also
we updating their plans this year.
Plan updates typically take
about a year and give local gov-
ernments the opportunity to look
at population, land use, economic
and other changes affecting the
community.
These changes help town offi-
cials in decisions that affect the
community so the plans are
important in many ways. First,
?hey help express each local gcv-
emment's views on issues such as
resource protection, resources
manaaement, economic and com-
munity development, citizen par-
ticipar.cn and storm hazard mid-
:ation and others.
Plans contain policies or goals
on these issues and no develov-
ment permit from CA tiiA may be
issued that is inconsistent with the
plan. All plan updates include pro-
visions for local citizen involve-
ment to ensure their input in plan
policies.
The plan updates helo local
governments answer several,
important questions about them-
selves: Where is our communir!
now? (What are we like?), Where
do we want to go? (ghat do we
want to be like?), and How do we
get there? (What tools, such as our
zoning ordinances, our Ovate:
extension policies, etc. do we
to attain our goals?)
The Southern Shores Planram_
Board is resaonsFoie for the plan
update and will make recommen-
dations to the board of commis-
sioners on the it. The alannim_
board rexalar meetings are on the
fourth IvIondav of each month ir.
town hall and all meetings arc
open to the public. Addidona"
meetings may be held if needed.
The town will also distribute
questionnaire to all property own-
ers to get their ideas about the
town's future.
With the information Lyathere:
from citizens and other sources
the town can make better dec:
sions on matters such as wale
demand and capacity, road capac
ity, economic conditions an.
trends, how development north
the town will impac: th.- town, etc
When ccWpleted in September
the plan will be endorsed by th
town, then sent ro the CRC fc
their certification. Upon c--r=cz
tion, the plan then becomes tart u
the state's coastal plan and is useL
by state agencies in making deci
sions about how their proerarn:
affect the town.
TODAY 1N H157ORY By Tha AsSCCIC'1@d
Today is Thursday, February U.S. Senator S.I. ;Javakawa die
-- ono- There in San Francisco at age 35.
•L• poi, linty wo
The Tawn of Souvwn Shares
Cot=2 and Plannmg Board win be
meetwg on Friday. March 21 , st
no " at town tuW to discuss
issues rsgaraing-the Land Use
Pian. Public is imrned.
o-4oa
NORTH CAROLINA
DARE COUNTY.
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of said County
and State, duly commissioned, qualified, and authorized
by law to administer oaths, personally tip eared
..................... who being
first duly sworn, deposes and says: that he (she) is of The
Times Printing Co., Inc., engaged in the publication of a
newspaper known as THE COA.STLAND TI114ES, pub-
lished. issued. and entered as second class mail in the Town
of Manteo, in said County and State; that he is authorized to
make this affidavit and sworn statement; that the notice or
other legal advertisement, a true copy of which is attached
hereto, was published in THE COASTL UND TIMES on the
following dates:
............./�G�t.�✓..��
and that the said newspaper in which said notice. paper,
document, or legal advertisement was published was, at
the time of each and every such publication, a newspaper
meeting all of the requirements and qualifications of Sec-
tiors 1-596 and 1-597 of the General Statutes of North Caro-
lina and was a qualified newspaper within the meaning of
Section 1-597 of the General S atutes of North Carolina.
This .....7�. day ✓(!�....... , 19�7 r•
... ..
Sworn to and subscribed to before me is . ... .
day of .... ?l �" ' .................... 11957.
Notary Public
My Commission expires:. . 17l• • rn�•
0
N
OUTER BANKS SENTINEL, THURSDAY- MAY 8. 1997 - PAGE 3A
N
■ LAND USE UPDATE
Southern Shores property owners
are asked to return promptly a ques-
tionnaire regarding the town's CAMA
Sketch Land Use Plan Update that was
mailed out recently. The planning
board is charged with making the up-
date changes and additions as needed,
and the public is invited to attend the
monthly meetings, which are held the
fourth Monday of each month. At the
March 24 meeting, items such as com-
munity services were discussed. ac-
cording to town clerk Came Gordin.
The draft needs to be completed by the
end of the summer. A state ;rant helps
finance the update and a consultant.
John Crew, Coastal Consortium. Con -
suiting Planners Inc. of Washington,
N.C., is providing technical assistance
■ LAND USE UPDATE
Southern Shores property owners
are asked to return promptly a ques-
tionnaire regarding the town's CAMA
Sketch Land Use Plan Update that was
mailed out recently. The planning
board is charged with making the up.
date changes and additions as needed.
and the public is invited to attend the
monthly meetings, which are held the
fourth Monday of each month. At the
March 24 meeting, items items such as com-
munity services were discussed, ac.
cording to town clerk Carrie Gordin.
The draft needs to be completed by the
end of the summer. A state grant helps
finance the update and a consultant.
John Crew, Coastal Consortium, Con-
sulting Planners Inc. of Washington.
N.C., is providing technical assistance.
14
H
0
Z
Q
S. Shores continues
its T UP update
Southern Shores Planning
Board will meet on Tuesday, May
27, at 7:30 p.m. to consider the
following issues in its land use
update process: economic and
community development issues,
storm hazard mitization and citi-
zcn participation policies. Land
classification and a map will be
dcvcloocd showing where policies
will apply in the town's planning
area.
The board met on Mondav
aught, April 28, and continued
working on its LUP update, con-
sidcring numerous policies that
deal with natural resource protec-
tion and natural resource produc-
tion issues. Discussion included
considering more stringent control
within Areas of Environmental
Concern (AFC's) than those
required by C.ANIA as well as let-
ting the economy and market
forces dictate when and where
dcvcicpment occurs.
The board also reviewed poli-
cies developed in its 1991 plan
and noted some policies did not
rcauire' chance. The board also'
noted that a questionnaire will be
sent to all property owners, resi-
dcnts and non-residents, and will
be mailed in Nfay. The survey will
ask questions on a wide range of
issues, and the results will help the
planning board frame final policy
choices.
The preliminary plan should be
comolcted late: in the summer for
the town council to forward to the
Coastal Resources Commission
(CRC) for review. When certified
by the CRC, the plan is used by
state agencies as a guide to how
their various programs affect the
town.
The town received -..!rant from
the state to help finance the
update. and Coastal Consortium,
Co^sultina Planners Inc. from
Washington. N.C. is providing
QS. Shores continues
its LUP update
Southern Shores Planning
Board will meet on Tuesday, May
27, at 7:30 p.m. to consider the
following issues in its land use
update process: economic and
community development issues,
storm hazard mitigation and citi-
zen participation policies. Land
classification and a map will be
developed showing where policies
will apply in the town's planning
area.
The board met on Monday
night. April 23, and continued
working on its LUP update, con-
sidcring numerous policies that
deal with natural resource protec-
tion and natural resource produc-
tion issues. Discussion included
considering more stringent control
within Areas of Environmental
O Concern (AEC's) than those
required by CAMA as well as. let-
ting the economy and market
forces- dictate when and where
development occurs.
The board also reviewed poli-
cies developed in its 1991 plan
a
and noted some policies did not
require change. The board also
noted that a questionnaire will be
sent to all property owners, resi-
dents; and non-residents, and will
be mailed in May. The survey will
y
ask questions on a wide range of
issues, and the results will help the
W
planning board frame final policy
choices.
j:
The preliminary plan should be
o
completed later in the summer for
z
the town council to forward to the
Coastal Resources Commission
..!
(CRC) for review. When certified
l-'
by the CRC, the plan is used by
state agencies as a guide to how
d. 4
their various programs affec! the
U
town.
The town received a grant from
W
Q
the state to help finance the
EZ„
uodatc, and Coastal Consortium,
Consultin: Planners Inc. from
W:!shinetor.. N.C. is orovidin;
THE COASTLAND TIMES, Thursday, June 5,1991, Page ttA
S. Shores-se'tsresource
-protection -
. •.,,policies
durngLand 'Use Plan. update - K
44,
Southern Shores Planning
ers will be completed soon and is '
• Board met May 2.7 to continue its
scheduled for discussion at iKL-(,:
CAMA Land Use Flan Update.
June meeting.
The board reviewed' draft poli-
Barring any unforesetm events,
cies on natural resource protection
the planning board should have
and production issues that were
the draft plan ready - for towrl
established at the April meeting
review in July, to then be submit-:';
and made some final adjustments.
ted to the Coastal Resources Cum
Additionally, new 'draft policies
mission for their consideration.
on economic and -'community
The .board began wwi:ina
development, citizen participation
.the update Iast November. ThIZ-1-
and storm hazard mitigation were
1997 update will be tI:_ fcunii
established and will be finalized at
land use plan pr=pared by th)
the June meeting.
town, including the original dons"",
The . board also reviewed the
in 1980. A grant from the: stare
town's past land .classification
helps finance the plan update an¢J!�
map and established a draft map,
local monies are also used,
a�aia to be. finalized in June.
-:The
.When completed the plan ; 1a
property owners' .survey
help the town make lana-ue de'
conducted -during 'May`,has: been
sions and state' agencies use the:°;0
f
collected. Two thousand -six hun-_
plan in deciding how their "ario:s
dred and -one 2,651 ues-
,y ( )r. Q.
z c . `'". � "-
programs affe .. the. town:
tionnaires:'were distributed and
Southern Shores'-oin:,•20 cot ie: -
'
915 were•retumed for a rate of 334
percent. In the 1991 survey,3,000
ues and about 75 other mt:.aici�al;,.:
were sent and 982 returned for a
coastal towns in. preparng:'ai:d'-
32 percent rate. An analysis of the
updating land use plans. Kitty ft
_
questionnaires by year-round resi-
Hawk, Nags Fiend and iVlanteo are'
dents and absentee property own-°
updatin, t :eir plan:; this year.: r
,.
Southern Shores
Appendix B.
107
1.
SCORE
1991 Policies Outline and Summary
CA11IA Land Use Plan Update
Resource Protection Policies
Fragile Areas
1 *rely on COE to protect wetlands/404 areas
1 *protect waterfront by controlling land development
1 *no, permitted or conditioned zoning for rental of motorized water
borne recreational vehicles
Flood Plain
1 *continue enforcing NFIP
1 •participate in FEMA Community Rating System
Stormwater Runoff/Impacts on Fragile Areas
1 •support NC Environmental Management, NC Land Resources,
Dare County Health Dept.
Potable Water
1 *rely on Dare County regional system
1 -do not support Dare County sale of water to Currituck County
Seotic tank suitability
1 •work with Dare County officials to ensure septic system installation
only on suitable soil
1 *require residential lots of 20,000 sq. ft. or more
1 *permit community or package systems only for attached residential
and non residential use
1 *permitted package systems must serve only development in
Southern Shores
Develooment Restrictions within 5' above new high water
1 *rely on present floodplain regulations/Division of Coastal
Management regulations
9
SCORE Tvpes of Develooment to be Encouraaed
•town almost completely platted; no annexation plans
*maintain existing residential/commercial land use mix O
•multi -family districts not to be enlarged, rezoning commercial to
residential permitted
•commercial district acceptable as constituted, no exception, accept
requests to rezone from commercial to residential
•commercial uses must serve Southern Shores; low density
detached single family community is town goal
Commitment to State/Federal Proarams
•coordinate/cooperate with state, county other local governments on
coFnmon issues/problems
Assistance to Channel Maintenance
*erosion control/channel maintenance only with no adverse impacts
and economic/recreational benefits occur
Enerav Facilities
•none in town planning area except electric substations
Tourism O
*commercial tourism facilities discouraged; town to remain primarily
single family
Ocean/Estuarine Access
•cooperate with civic association to maintain, improve, expand for
residents and guests
Develooment of Lands Adiacent to La000ns/Canals not CAMA
Reaulated
— •consider regulations within 5 years for lot coveragelsetbacks
Policv Existina Overhead Power Lines Underground
•as funds available, encourage power company to install
underground
Redevelooment of Develooed Areas O
•existing ordinance requires combination of non conforming lots
SCORE
Joaaina/Bike Trails
1 -consider a plan for Town
1 •urge DOT to widen NC 12 as 2 lane only, widening includes
jogging/biking
Interior Streets
1 *reflectors to be installed on certain interior streets
IV. Storm Hazard Mitigation/Recovery
Storm Hazard Mitiaation and Recovery
1 -new development sited adequate in compliance with CAMA
regulations
1 eencourage private/public buildings to withstand wind, water,
hurricanes, coastal storms
1 *protect dunes, wetlands as mitigation technique
1 *coordinate pre -storm mitigation programs/policies with
county/beach communities. support NFIP
1 •regulate reconstruction in hazard flood areas; redevelop only at
current intensity
1 •strictly enforce state building code for reconstruction; lobby for
more storm resistant requirements
V. Public Participation
1 *review Land Use Plan periodically
1 *encourage participation, solicit through direct mailings, public
hearing prior to plan update adoption
M
Definitions for Abbreviations
CAMA'
Coastal Area Management Act
CRC
Coastal Resources Commission
NCDOT
North Carolina Department of Transportation
CAMA I&E Plan
Implementation and Enforcement Plan for the Town's
CAMA minor permit
US Army Corps of Engineers
United States
HWY
highways — state or United States as noted
AEC
Areas of Environmental Concern
FEMA
Federal Emergency Management Agency
SB, SC
state stream classification — the prefix "S" denotes salinity —
SB, SC are defined on page 12
NEC
(North Carolina) Marine Fisheries. Commission.
ORWs
(state classification) Outstanding Resources Water
ETJ
Extraterritorial Jurisdiction (applies to town's area of
planning authority)
CDBG
Community Development Block Grants advertised by the
NC Department of Commerce
NFIP
Nation Flood Insurance Program
0
0
0
OUTHERN SHOR
q97 1 AND CLA
?LANNING AREA
FIC;ATION MAP