Land Use Plan-1981

SURF CITY 1981 LAND USE PLAN
Clifton Howard, Mayor
Don Helms
Doug Thomas
Robert King
Kenneth Batts
Charles Hafter,- Town Manager
The preparation of this report was financially aided through a
grant from the National Oceanic and Atmospheric Administration.
This grant was made through the North Carolina Department of
Natural Resources and Community Development.
PROPERTY OF
DIVISION OF COASTAL MANAGEMENT
PLEASE DO NOT REMOVE
JOHN J HOOTON AND ASSOCIATES
WILMINGTON, NC

CONTENTS
Page
1.0 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . 1
1.1
History of Coastal Planning . . . . . . . . . .
. . 1
1.2
Legislative Initiatives: Federal . . . . . . .
. . . 1
1.3
Legislative Initiatives: North Carolina . . . . . .
. . 2
1.4
Program Administration - 1974 to Date . . . . . . . .
. . 3
1.5
Land Use Planning Guidelines . . . . . . . . . . .
. . 4
1.6
Purposes of Land Use Plan . . . . . . . . . . . . . .
. . 4
1.7
Plan Organization . . . . . . . . . . . . . . . . . .
1
. . 4
2.0 DATA COLLECTION AND ANALYSIS . . . . . . . . . . . . . . .
6
2.1
Present Conditions . . . . . . . . . . . . . . . . . .
. . 6
2.1.1 Population and Economy . . . . . . . . . . .
. . 6
2.1.2 Existing Land Use
8
2.1.3 Plans, Policies and Regulations ... :
10
2.2
Constraints - Land Suitability . . . . . . . . . .
11
2.2.1 Physical Limitations: Hazard Areas, Soils,
Water Supply . . . . . . . . . ' . . . . . . :
. . 12
2.2. 2 Fragile Areas .. . . . . . . . . . . . .
. . 14
2.3
Constraints - Community Facilities . . . ... . . . . .
. . 17
2.3.1 Water and Sewer . . . . . . . . . . . . . .
. . 17
2.3.2 Roads . . . . . . . . . . . . . . . . .
. . 18
2.3.3 Schools . . . . . . . . . . . . . . . .
19
2.3.4 Estimated Demand . . . . . . . . . . . .
. . 19
. . . . . . .
3.0 POLICIES .. . . �
. . 21
3.1
Public ParticipationPolicies . . . . . . . . . . .
. . 22
3.2
Natural Resource Policies . . . . . . . . . . . . .
. . 23
3.3
Development Policies . . . .. . . . . . . . . . . . .
. . 28
4.0 LAND CLASSIFICATION . . . . . . . . . . . . . . . . . . .
. . 33
4.1
Purpose . . . . . . . . . . . . . . . . . . . . .
. . 33
4.2
Land Classes . . . . . . . . ... . . . . . . . . . .
. . 33

1.0 INTRODUCTION
1.1 HISTORY OF COASTAL PLANNING
North Carolina's coast has historically been related to the growth and
development of all of eastern North Carolina and the entire state. The first
European settlement in North Carolina was located on one of North Carolina's
coastal islands, and from the colonial,and revolutionary periods on the coastal -
sounds and rivers have served as ports of entry and major routes of commerce.
As transportation routes moved inland population and economic centers did also
and_the coastal region did not experience the same degree of growth as other
areas of the state. However, in more recent years increases in tourism, second
home development and industrial locations have created a new growth trend in
North Carolina as well as other coastal states. Recent census data indicates
that more than half of the nations population is within 50 miles of the beach.
This trend led both State and Federal governments to the conclusion that if
the vast natural and economic resources represented in the coast were to be
managed wisely new institutional frameworks were needed. This realization led
directly to the development of a new area of public policy and concern known
generally as coastal planning. Coastal planning and -its programs are most vis-
ibly and concretely articulated at the Federal.level by the Coastal Zone Manage-
ment Act of 1972, and at the State level by the Coastal Area Management Act of
1974.
1.2 LEGISLATIVE INITIATIVES: FEDERAL
The Federal effort to promote coastal planning began with the passage of the
Coastal -Zone Management Act of 1972 (Public Law 92-583). Its major objective
is to encourage.coastal states to develop a management program to guide the pub-
lic and private use of lands and waters in the coastal zone. State programs
are to be carried out in two phases -.one, development of the management program,
and two, actual management of the program in the sense of administrative and regu-
latory procedures. North Carolina's coastal program is now in phase two. The
Federal Act is administered by .the U.S. Department of Commerce which is author-
ized to make grants to coastal states for development and administration on
their program.
1

1.3 LEGISLATIVE INITIATIVES: NORTH CAROLINA
The origins of the North Carolina Coastal Area Management Act (CAMA) began
in the 1969 General Assembly. After enacting the dredge and fill law (now ab-
sorbed into CAMA), the General Assembly directed that'a study be made with a
view to the preparation of a plan for the development and conservation of the
state's coastal resources. At least 4 drafts of proposed legislation were pre-
pared with the final draft introduced in the General Assembly in March 1973.
After five hearings on the coast, days of floor debates and committee hearings,.
the Act was ratified on April 12, 1974, one day before the end of.the session..
CAMA's unique feature is that it is a joint undertaking between local and State.
interests. Thiq is accomplished by giving the authority for planning to local
governments and delegating to the State the responsibility for defining Areas
of Environmental Concern (AEC's). Regulation of development within AEC's is a,
State -local effort. Each local government within the 20 county coastal area is.
required to prepare a land use plan in accord with guidelines prepared by the
Coastal Resources Commision (CRC); a 15 member policy -making body created by the
Act. After adoption of the plan by the local government and approval by the CRC,
no development within an AEC will be permitted unless it is consistent with the
local land use plan. The following paragraphs summarize the 4 major parts of the
Act.
PART ONE - ORGANIZATION AND GOALS - This part sets out goals of the.
Act, defines terms, and establishes the Coastal Resources Commission and the
Coastal Resources Advisory Council. The Advisory Council is a 47 member advisory
group that provides technical assistance to the CRC. Briefly, the goals .of CAMA
are as follows:
1)` To.'provide a management system capable of preserving and managing the
natural ecological conditions of the estuarine and barrier dune system,
and beaches;
2) to insure that the development or preservation of coastal lands and
waters is consistent with their capability to absorb change;
3) to insure the orderly and balanced use and preservation of coastal re-
sources on behalf of the State and nation;.
4) to establish planning policies and guidelines.for the use and development
of coastal lands and waters.
2
i

PART TWO - PLANNING PROCESSES - This part requires the CRC to prepare
and adopt guidelines for the preparation of land use plans, which plans will. then
serve as guides for the issuance or denial of development permits within AEC's.
PART THREE - AREAS OF ENVIRONMENTAL CONCERN - Part 3 requires the CRC
to designate AEC's and establish standards for the land uses which may occur
within these areas. These standards will be used in conjunction with theland use
plans to determine whether or not development will be permitted in an AEC. AEC's
will fall within one of the following four categories: Estuarine System, Ocean
Hazard Areas, Public Water Supplies, and Fragile Coastal Natural.and Cultural
Resource Areas.
PART FOUR - PERMIT LETTING AND ENFORCEMENT - This final part of CAMA
establishes the administrative procedures for enforcement. Since March 1, 1978,
no development is permitted within an Area of Environmental Concern without a
permit. Local governments may assume authority for permit letting in AEC's for
minor developments, but permit letting authority for major developments is
reserved to the.CRC.
1.4 PROGRAM ADMINISTRATION - 1974 TO DATE
North Carolina's Coastal Management Program has focused on meeting the
requirements of CAMA and the Federal Coastal Zone Management Act. Within the
framework of these two statutes, two phases evolved. Phase I is concerned with
planning and Phase II with implementation. In accordance with the requirements
of Part 2 of CAMA, and assisted by grants from the U.S. Department of Commerce,
local governments (including Surf City) began preparation of their land use plans
in January of 1975. Final plans from all but 2 of the 52 local governments were
submitted to the CRC on May 21, 1976, for review. All of these, including Surf
City's, were approved, or approved with conditions. The State Guidelines for
Local Planning under which the plans were prepared required that all plans be
updated every 5 years. One of the major purposes of the present planning effort
is to comply with this requirement. However, since the submission and approval
of the first land use plan in 1976, the Guidelines have been revised to reflect
a new emphasis on policy formulation by the local governments.
3

1.5 LAND USE PLANNING GUIDELINES
These Guidelines are adopted by the CRC and codified in Chapter 15,
Subchapter 7B, of the North Carolina Administrative Code. Their purpose is to
define a planning process in which local governments will identify land use
problems and issues, collect and analyze data bearing on possible solutions,
develop alternative strategies for resolving the issues, formulate policies,
and select methods of implementation. The minimum requirements of any plan are:
(1) a summary of data collection and analysis, (2) an existing land use map,
(3) policy discussion, and (4) a land classification map.. Central to each of
these requirements is a citizen participation program which seeks to involve
residents and property owners in each step to the planning process. The Surf
City Land Use Plan is organized within this framework.
1.6 PURPOSES OF LAND USE PLAN
The most frequently heard reason for preparing land use plans under the
Coastal Area Management Act is that plans are required by the Act and the failure
to prepare a plan will result in the State substituting its judgment for that of
local government. While this remote possibility does exist, there are better and
more practical reasons for preparing a land use plan. As is true for most local
units of government in this country, the real property tax is the major generator
of revenues for financing services and facilities for the community; and since
the amount of the tax is a function of the market value of the property, the
ability of the local government to provide services and facilities is largely
dependent upon maintaining a strong market value of the land within its juris-
diction. Thus, the well-being of the Town's residents will depend in part on
how wisely the land resource is governed, so that values and the underlying..tax
base remain strong. This issue is at the center of the major purpose of the land
use planning process --to influence and direct the determinants of land use change
and, thus, of market value, so that the well-being of Town residents is protected
and improved.
1.7 PLAN ORGANIZATION
The organization of the plan closely follows the outline suggested by the
State Guidelines. First, existing land use, natural resource and community
facilities data is summarized and analyzed;.included in this step is the
4

preparation of the required existing land use map. Second, land use issues
are identified, alternatives suggested, and policies formulated. Finally, the
policies are graphically expressed in the land classification map. Supplementary
information is included in the technical appendices.
9

2.0 DATA COLLECTION AND ANALYSIS
2.1 PRESENT CONDITIONS
The purpose of this subsection is to provide a basic information base to
Town officials for making land use decisions. The information is grouped into
three categories --population and economy, existing land use, and current plans
and policies.
2.1.1 POPULATION AND ECONOMY
Towns such as Surf City with resort oriented economies are concerned
with two basic segments of their population --the permanent year-round resident,
and the seasonal visitor. The permanent population is counted by the U.S. Bureau
of the Census every 10 years. The seasonal population is not counted systemati-
cally, but several agencies (the Cape Fear Council of Governments, Army Corps of
Engineers, and the Town's consulting engineer) have conducted periodic surveys
and have achieved results which are considered reliable enough for projection
purposes. The following tables summarize the results of the census count and
surveys, and the projections made based on those current estimates.
U.S. CENSUS COUNT
Population % Increase Housing Units % Increase
1970 166 NA 255 NA
1980 390 135 1,037 307
1975 SURVEY BY LOCAL REALTOR
Single and Multi -Family Dwelling Units 730
Mobile Homes 365
Motel Units 208
DWELLING UNIT OCCUPANCY SURVEY,
BY CAPE FEAR COG - SUMMER 1975
Units Surveyed Occupied % Occupants Occupants/Unit
355 273 77 1,136 4.2
6
s

MOTEL UNIT OCCUPANCY. SURVEY
BY CAPE FEAR COG - SUMMER 1975
Week Day
1.5
Weekend
3.6
Using these surveys and counts, the Town's consulting engineer developed
permanent, peak and average seasonal population projections through the year 2,000.
A review of this methodology indicates that the seasonal population projections
are reliable; however, the 1980 census count was significantly higher than that
estimated and requires modification based on this more recent information.
According to the 1980 Census, 78 new dwelling units were added each year between
1970 and 1980. Surveys have shown that approximately 25 percent, or 20, of these
new units will be permanently occupied. At the current permanent occupancy
rate of 2.5 persons per dwelling unit (1,037 dwelling units divided by 390 per-
sons), this would indicate an annual increase of 50 persons to the year-round
population, or an additional 500 persons by the year 1990.
SUMMARY
OF POPULATION
PROJECTIONS
1980 %
Increase
1990 % Increase
2000
Permanent
390
128
890 56
1390
Peak Seasonal
6010
22
7340 18
8670
Average
Seasonal
4310
22
5250 18
6180
Seasonal populations have two direct impacts on the Town --economic and
environmental., The economic impact is discussed in the following paragraph. The
environmental impact is discussed in several of the sections which follow. How-
ever, the importance of the relationship between these two effects cannot -be
overstated. While the Towns economy is heavily dependent on the tourist and
seasonal resident populations, the main factor that attracts these populations
is an attractive environment. Thus, policies and controls which will accommodate
increasing population growth, while protecting the environment which encourages
this growth, is a major objective of this plan.
Segments of the Surf City economy are closely related to the various segments
of the population. Motels, restaurants, fishing piers, service stations and other
tourist -oriented business are heavily dependent on the tourist season, which
generally extends from mid -April through October, with June, July and August
7

being the peak months. A second segment of the economy with significance for
Town financial planning is the building business. Most of the current building
is for second home, single-family developments. While not a large source of
employment, the building of second homes for the seasonal resident adds substan-
tially to the.Town's tax base.
2.1.2 EXISTING LAND USE
CAMA guidelines require that existing land use be mapped and
analyzed with particular attention given to significant compatibility problems,
major problems caused by unplanned development, areas experiencing or likely to
experience change and areas of environmental concern.
Existing land use was mapped from 1978 aerial photography which is available
for inspection at Town Hall. Since no previous mapping or analysis of existing
land use has been done, no trends can be established. The following table
summarizes the results of the land use survey.
EXISTING
LAND USE SURVEY
Land Use Category
Acres
% of Total
Spoil Islands
146
5
Water and Wetlands
2,152
74
Beach
34
1
Developed
4
Residential
Conventional
54
Mobile Home
38
Commercial & Institutional
30
Vacant Developable
470
16
TOTAL
2,924
100
Two significant land use patterns are apparent from the preceding table.
First, three -fourths of the total land area is in the AEC categories of estuarine
systems (water and wetlands) and public trust areas (beaches). Further, an
additional 5 percent is subject to Army Corps of Engineers easements (spoil islands),
making these areas mostly undevelopable. Thus, at least 80 percent of the total
land area in Surf City is subject to severe development restraints from govern-
E?

ment regulations and physical limitations. The second significant land use
pattern -is that almost 80 percent of the developable land is vacant. Most of
this undeveloped area lies in the southern portion of Surf City, i.e., south of
Charlotte Avenue. This area is characterized by limited commercial uses, almost
entirely conventional homes, and large areas of maritime forest. The central
portion of the Town, from Charlotte Avenue north to Mecklenburg and including
the area extending west over the Intracoastal Waterway, is -a mixture of
commercial uses, conventional homes, mobile homes and trailer parks. North of
Mecklenburg, the pattern of limited commercial uses and conventional housing is
resumed.
Because of the small permanent population, what might be considered signifi-
cant compatibility problems in other communities are less significant in Surf
City. The most apparent example of this is the inconsistent mix of land use.
type in the central area. Because the commercial uses are inactive most of
the year, conflict is minimized; and, further, most nonresident owners are less
concerned about neighboring commercial uses. To some, the most significant
compatibility problem is an esthetic one. Several trailer parks and some
dilapidated buildings in the central area have created a less than, pleasing
appeal to some persons' conception of a resort community. However, this is a ;
subjective judgment, and much of this problem has been contained in and around
the central business areas.
The most serious problems that will impact future land use occur primarily
from the increasing tourist traffic. This has resulted in competition for
parking spaces, traffic congestion, and increased demand for beach access and
related facilities. This problem was discussed in the recently completed Surf
City Beach Access Plan which is discussed in the following section and whose
policies are incorporated into Section 3.0. An additional problem has been the
proliferation of development in and around estuarine waters. Concentrations of
septic tanks on fill and soils with poor filtering capacity for sewage disposal
have posed a threat to surrounding water quality. While the majority of this
type of development has occurred along a series of finger canals north.of the
Surf City Town limits, some has occurred along the Intracoastal Waterway in.
Surf City.
The major area that is likely to experience future change in Surf City,
assuming no drastic change in economic demand, will be the southern area from
Charlotte Street south to the Surf City -Town of Topsail Beach.corporate limits.
0

If past trends continue, this area should gradually develop with conventional
single family homes.
As stated above, approximately 75 percent of the total area within the Town's
jurisdiction falls within an Area of Environmental Concern. These AEC's are
entirely within either the estuarine system or the ocean hazard system. AEC's in
the Town's jurisdiction included in the estuarine system are coastal wetlands,
estuarine waters, public trust areas, and estuarine shorelines. Collectively,
these areas provide critical biological functions which translate into economic
benefits. These functions include processes such as water purification, breeding
and hatchery areas for fish and wildfowl, and esthetic benefits. Within the
ocean hazard area are the frontal dunes and the beaches. The main functions of
these two AEC's are protection from excessive erosion and flooding, prevention
of encroachment on public beach areas, and reduction of the public costs of
inappropriately sited development. The significance of each of these areas is
more completely discussed under Section 2.2, CONSTRAINTS.
2.1.3 PLANS, POLICIES AND REGULATIONS
The following is a summary of current plans and regulations affecting
land use in Surf City.
SURF CITY LAND USE PLAN - 1976 - Original CAMA land use plan estab-
lishing issues, objectives and standards for future development.
TOPSAIL BEACH -SURF CITY 201 FACILITIES PLAN - Prepared in July of
1977 and revised in January 1980, this plan recommends the most environmentally
sound, economically feasible alternative for sewage disposal for the Town of
Topsail Beach, Surf City and the unincorporated area of Onslow County known as
West Onslow Beach. The plan recommends a combination gravity/pressure collection
system for transportation of wastewaters to a regional treatment facility on the
mainland. A 1.15 MGD capacity stabilization lagoon with spray irrigation -is the
recommended method of treatment. Implementation of this plan has been indefinitely
postponed because of several recent developments. First, the planned spray
irrigation site has been withdrawn by the property owner, International Paper
Company. At present, no alternative site has been found. Second,,funding for
201 sewage disposal and other projects for barrier islands has been suspended
pending completion of an environmental impact statement required to assess the
impact of development on barrier islands. This statement is scheduled for
completion in April 1982. Finally, rising construction costs, estimated at $14.9
10

million in 1979 dollars, and severe budget reductions at the state and federal
levels may make future construction prohibitively expensive. If all legal,
environmental and .financial problems could be resolved immediately, it is
doubtful such a system could be in operation in less than five years. Given the
complexity of these problems, a much longer period appears likely.
SUBDIVISION REGULATIONS - These regulations establish standards for the sub-
division of land. Approval procedures are established and standards for required
improvements, including requirements for dedicated public access, are set out.
SURF CITY COMMUNITY FACILITY STANDARDS - This plan establishes standards for
various community facilities, including water supply, storm water management,
recreation and solid waste management, and evaluates the Town's facilities against
those standards. -
SURF CITY BEACH ACCESS PLAN - This plan establishes standards for beach
access in the categories of legal availability, parking, facilities, and number
of access points and evaluates the Town's access with regard to these points.
Recommendations are made for dividing the Town according to intensity of use and
providing appropriate facilities according to the degree of use.
ZONING ORDINANCE - This ordinance divides the Town into use districts and
sets standards for lot size, building height and setbacks and parking require-
ments within each district.
The Town zoning ordinance and subdivision regulations are enforced by the
Town Building Inspector, the Town Planning Board and the Town Council. Each of
these.individuals and bodies has authority for various stages of the permit pro-
cess for zoning changes or subidivision approval. The building inspector is
primarily responsible for permit administration and inspection-, while the Planning
Board is responsible for review and recommendation of proposed zoning amendments
or new subdivisions. The Town Council retains final authority for denial or
approval of amendments or plats.
A listing of applicable state and federal regulations is included in the
Appendix.
2.2 CONSTRAINTS - LAND SUITABILITY '
The State guidelines for preparation of local land use plans require that
many areas that may pose constraints to development be identified and that

possible development impacts be discussed. However, many of these areas do not
exist in the Town of Surf City and, thus, no discussion is necessary. Such areas
include man-made hazard areas, public water supply watersheds, areas with slopes
greater than 12 percent (sand dunes could be included in this class, but are
discussed under their own class), areas containing unique geologic formations,
registered natural landmarks, wooded swamps, and areas with resource potential.
Those areas that exist within Surf City's jurisdiction are discussed in.the
following paragraphs.
2.2.1 PHYSICAL LIMITATIONS: HAZARD AREAS, SOILS, WATER SUPPLY
HAZARD AREAS - Two classes of hazard areas exist in Surf City --
ocean erodible areas and flood prone areas. Previous studies, and recent observa-
tion, show relatively minor erosion rates along Surf City's oceanfront. Over the
34 year period between 1938 and 1972, the high water line of Surf City was found
to be receding at the rate of one -tenth of a foot per year, while the dune line
accreted at the rate of one-half a foot per year. Thus, at present, Surf City's
shoreline is not subject to the accelerated erosion occurring futher south in
the Town of Topsail Beach. However, because of the northward movement -of the
erosion.problem, rates should be monitored closely in Surf City and all setback
and flood protection regulations carefully observed. The second type of hazard
area is the flood prone area, or that area subject to flooding from a flood of
the magnitude that occurs every 100 years. Within the flood prone areas, two
distinct zones exist --the V zones, or velocity areas, and the A zones. Within
the V zones, buildings are subject to tidal surges with velocity wave action
and must be securely fastened to adequately anchored pilings. In the A zone,
buildings are subject to less turbulent wave action but may be subject to the
forward momentum of breaking waves. In either zone, a building's lowest support-
ing structural member must be at or above the minimum base flood elevation. All
of Surf City falls within one of these zones, and enforcement of Federal Flood
Insurance Administration building regulations within these zones is accomplished
by the Surf City Building Inspector.
SOILS - According to the Soil Survey of the Outer Banks of,North
Carolina, eight dominant soils are found within Surf City's jurisdiction. The
approximate locations of these soils are shown on the maps included in the
Appendix; however, decisions concerning construction at a particular site should be
made only after consultation with a soil scientist and testing of the particular
12

site. The following paragraphs describe the soils most commonly found in. -Surf
City.
Beach-Foredune Association - This soil is found mainly on the
ocean side of.the island and is the long, narrow area comprising the frontal
dune and beach. The beaches are flooded daily, and sand sizes range from fine -�
to very coarse, but chiefly fine. Because of the tidal flooding, activities
other than beach -related recreation are severely limited. _
Carteret Soils - Low - This is a poorly drained, sandy marsh soil
found on the sound side of barrier islands. It is flooded daily and has severe
limitations -for all types of active, primary uses.
Corolla - Fine Sand - These are the soils found on the broad,
level -to -slightly -sloping flats behind the foredunes. They have a thin organic
layer and are moderately drained throughout, although during the wetter.seasons
the water table may be within 12 feet of the surface, thus posing problems for
on -site sewage disposal.
Dredge - Spoil - These are the soils created by dredging and con-
sist mainly of sand and shells. These soils are droughty because of the texture
and shell fragments and have a poor filtering capacity for septic tank effluent,
thus posing a threat to surrounding estuarine waters.
Duckston - Fine Sand - This is a poorly drained soil occupying the
flats extending inland from the primary dunes. It has a high percentage of.coarse
sand with a depth to water table that may vary from 2 to 5 feet, to several inches,
thus posing potential problems for on -site sewage disposal.
Madeland - These soils are generally found on the sound side of the
island and result from dredging for homesites. They are similar to the Dredge -
Spoil soils, with poor filtering capacity for septic tank effluent.
Carteret Soils - High - These are the irregularly flooded salt
marshes which are covered by tides at least once a month and sometimes weekly.
They are significant in the life cycles of many forms of marine habitat and have
a low support capacity for structures.
Newhan-Corolla Complex - These two soils are consolidated and
cannot be separated in most places. They are the low dunes and intervening basins
that separate the dunes. The Newhan soils are mostly on the low dunes, with
coarse sands, and water tables below 7 feet. The Corolla soils occupy the basins
and may have seasonal water tables within 1 to 2 feet of the surface.
13

WATER SUPPLY - Ground water comprises the sole source of water supply
for both public and private systems in Surf City. Pender County is underlain
by a vast aquifer system, two strata of which are important in the Surf City
area as sources of ground water.
Pleistocene and recent surficial sands cover the beach areas of the county
and constitute the principal water source for most private wells. In the
surficial sands, water usually occurs under water table conditions within 15
feet of the land surface, but may be partially confined by clay in the lower
part of the aquifer. The productivity of this aquifer is limited primarily by
its thickness; it is recharged by rainfall and easily subject to contamina-
tion.
The Castle Hayne limestone is not extensively used for water supply in the
beach area, but is potentailly valuable as a large, long-term supply. The forma-
tion begins.at 35 feet below mean sea level, where its waters occur under artesian
conditions. Recharge to the Castle Hayne would,.therefore, not be expected to
occur in the immediate beach area and its waters would not be as vulnerable to
contamination as those of the surficial sands.
The quality and quantity of water from the Castle Hayne vary locally.
In the Surf City Area, it is generally high in iron, low in chlorides, with a
pH of 7-8; at Holly Ridge, indications are -that a specific capacity -of 50-70
gallons per minute per foot drawdown can be obtained. Most attempts to obtain
good water from the Castle Hayne in the immediate beach area have proved
unsuccessful thus far.
2.2.2 FRAGILE AREAS
Significant fragile areas within the Surf City limits are coastal
.wetlands, public -trust areas, estuarine waters, dunes and beaches, and the
maritime forest.
COASTAL WETLANDS_- Coastal wetlands are generally composed of estuarine.
tidal marshes and mud flats that cover all but the high sand ridges, dunelands
and maritime forests of Surf City along its sounds, creeks and bays. The soils
are poorly drained (see 2.2.1, PHYSICAL LIMITATIONS: HAZARD AREAS, SOILS, WATER
.SUPPLY) and.are subject to daily and frequent tidal flooding. Tidal marshes
are of two types --low tidal and high tidal. Low tidal marshland consists mostly
of Spartina alterniflora and is usually subject to inundation by the normal rise
14

and fall of lunar tides. They are particularly significant because of the high
yield inorganic detritus which serves as a primary food source for various
species of fish and shellfish such as menhaden, shrimp, flounder, oysters and
crabs. The roots and rhizomes of Spartina alterniflora serve as waterfowl food,
and the stems as wildlife nesting material. Low tidal marshes also help to retard
shoreline erosion. High tidal marshland is subject to occasional flooding by
tides, including wind tides, and is characterized by Juncus roemarianus and
various species of Spartina. These marshes have many of the same functions as
the low tidal marshes --food supply for the estuarine system, wildlife habitat,.
sediment trap, and deterrent to shoreline erosion.
ESTUARINE WATERS Estuarine waters are defined as all the waters of
the Atlantic Ocean within the boundary of North Carolina and all the waters of
the bays, sounds, rivers, and tributaries thereto seaward of the dividing line
between coastal fishing and inland fishing waters. They are the dominant com-
ponent of the entire estuarine system and are the most productive natural
environment in North Carolina. They support the commercial and sport fishing
industries, since these species must spend all or part of their life cycle within
the estuarine system to mature and reproduce. The high productivity of the
system results from the circulation patterns caused by tidal energy, fresh water.
flow and tidal depth. The circulation transports nutrients, propels plankton,
spreads seed stages of fish and shellfish, flushes waste from animal and plant
life, cleanses the system of pollutants, controls salinity, shifts sediments, and
mixes the water to provide a multitude of habitats. Important features are mud
and sand flats, eel grass beds, salt marshes, submerged vegetation flats, clam and
oyster beds and nursery areas.
ESTUARINE SHORELINES.- The importance of estuarine shorelines arises
because of the close relationship of each component.of the estuarine ecosystem
with all other components. Estuarine shorelines may be defined as non -ocean
shorelines which are especially vulnerable to erosion, flooding or other
adverse effects of wind and water. While estuarine shorelines are.generally
characterized by dry land, their close association with the estuarine system
from groundwater and overland flow incorporates them as a vital part of this
system Thus development occurring within the estuarine shoreline should be
15

designed and located so as to minimize any adverse effects on surrounding
estuarine waters.
PUBLIC TRUST AREAS - Generally, public trust areas within the juris-
diction of the Town of Surf City are all waters of the Atlantic Ocean and the
lands thereunder from the mean high water mark to the seaward limit of the state's
jurisdiction; all natural water bodies subject to measurable lunar tides.and
A lands thereunder to the mean high water mark; and all navigable natural bodies
of water and'lands.thereunder to the mean high water level. A more complete,
and controlling, description is found at 15 NCAC 7H.0207. Their significance is
that the public has rights in these areas including navigation and recreation.
In addition, they support commercial and sports fisheries, have esthetic value,
and are important resources for economic development.
OCEAN HAZARD AREAS - Ocean hazard areas may be described as areas along
Surf City's shoreline where erosion and other adverse effects of wind and water
could unreasonably endanger life or property if development is not compatible
with natural forces. There are three major landforms which provide protection
to development, but which are also in a constant state of change due to the
action of wind and waves. These are the beaches, dunes and inlets. There are
no inlet areas in Surf City, but the beaches and dunes are critical to protecting;
property situated landward of them. The.geographical extent of ocean hazard
areas may be better described in terms of areas subject to potential -damage,
rather than the physical extent of the particular landform. These areas are the
ocean erodible area and the high hazard flood area. The ocean erodible area is
the area in which there exists a substantial possibility of excessive erosion
and significant shoreline fluctuation. Studies of historical erosion rates
indicate that this area extends about 135 feet landward from the first line of
stable natural vegetation. High hazard flood areas are subject to high velocity
storm waters from a one -hundred year storm (a storm with a one percent chance of
being equalled or exceeded in a given year). This,area is identical to the VI-30
Zones identified on the flood insurance rate maps of the Federal Insurance
Administration. The geographic extend of this area is an additional 60 feet*
landward of the landward boundary of.the ocean erodible area. Thus, the total
area covered by ocean hazard areas extends 195 feet landward from the first line
16

of stable natural vegetation. Along Surf City's 5.5 miles of shoreline, this
encompasses approximately 130 acres.
MARITIME FORESTS - One significant area that is fragile in the sense
of its,vulnerability to development is the maritime forest that exists primarily
on the western side of N.C. 50 towards the southern limits of Town. It is a
highly variable complex of upland, intermediate, and wet forest dominated
largely by hardwood tree species. It is thought to be the ultimate phase of
forest succession common to the barrier islands and may take up to 1,000 years
to develop. The shape and structure of the forest are governed by the inter-
action of salt spray kill and soil growing conditions. In some areas, such as
those found at Surf City, stunting from salt spray and poorly developed soils
have produced a very low canopy, and species usually characteristic of the sub -
canopy have become part of the canopy. Some of the subcanopy species are
American Holly, yaupon, hornbeam, hop hornbeam, and flowering dogwood. The
maritime forest is significant for its esthetic appeal, wind buffering ability,
sand trapping capability, and as habitat for many bird and animal species.
2.3 CONSTRAINTS - COMMUNITY FACILITIES
2.3.1 WATER AND SEWER
The Surf City water system consists of 2 wells, an elevated storage
tank, a groundwater storage tank, and distribution lines providing -service to all
residences and businesses within the Town. Both of the wells are located on the
mainland between the Intracoastal Waterway and the intersection of Highways 210
and 50. Each well provides a capacity of 350 gallons per minute, or a total of
700 GPM. This provides the Town with a capacity of slightly over 500,000 gallons
per day based on a pumping time of 12 hours. This is more than adequate to .
handle the approximately 600 customers. Peak demand from the influx of tourists,
as well as increased usage during the summer months, reaches approximately
200,000 gallons per day. Thus, even for peak demand periods, total capacity _is
over twice that required. Storage is provided by a 100,000 gallon elevated
storage tank constructed in 1968 and a 75,000 gallon ground storage tank.
Because both of the wells are located on the mainland, little danger exists from
possible pollution from septic tank failures. Pollution of.individual.wells has
17

occurred in the Old Settlers Beach area from septic tank failures, with "boil
water" notices issued periodically by the local health department. Thus, the
mainland location provides not only protection from this source but also from
potential saltwater intrusion. While this is not a serious possibility on the
beach because of the relatively low rate of withdrawal, there is a greater possi-
bility of encountering brackish water. The Town provides chlorination as required
by the state standards but does not provide softening, with the result that the
"finished" water is slightly hard.,In summary, the water supply, storage, and
distribution system of the Town is in conformance with the standards and design
guidelines established by the North Carolina Department of Human Resources.
Sewage disposal in Surf City is by individual on -site systems, or septic
tanks. This method of disposal has created serious water quality problems in a
development immediately adjacent to the northern Town limits. Finger canals were
excavated, with homes placed on the fill. A joint study undertaken by the North
Carolina Departments of Natural Resources and Human Resources and the U.S. EPA
concluded that high water tables and poor soil characteristics have resulted in
pollution of surrounding estuarine waters, as well as possible contamination of
drinking water supplies. While the study focused on the problem in this particu-
lar development, it seems apparent that similar soil conditions exist in other
areas contiguous to estuarine waters. This conclusion is confirmed in the
analysis of soil conditions (Section 2.2.1). The obvious solution to this problem
is a central collection and treatment system. However, it appears almost impossi-
ble that such a system could be operational in less than five years, or.even ten
years (see Section 2.1.3). This constraint indicates that realistic policies for
the Town must accept the limitations and hazards of septic tanks as a method of
sewage disposal.
2.3.2 ROADS
The transportation system in Surf City consists primarily of State
Roads NC_50 and 210 which provide access to the beach and major transportation
0
18

routes north and south. These major routes, supplemented by minor collector
streets and service roads, are adequate to move traffic even during peak times..
Two related problems may occur during peak hours --parking and evacuation during..
storm warnings. The first problem, parking, is common to all urbanized barrier.
islands in North Carolina and will probably be solved only when saturation points
are reached and visitors begin to use alternative transportation modes, such as
bicycling. The Town established policies for parking in its Beach -Access Plan,
and these are incorporated into this plan in Section 3.0. The problem of evacua-
tion is provided for in the Town's Evacuation Plan. The possibility of severe
traffic jams hindering evacuation is reduced or eliminated by the excellent
advance warning systems provided by the National Weather Service and the U.S.
Coast Guard. While the bridge over the Intracoastal Waterway provides some
inconvenience to motorists when swung for boats, it is sufficient for peak and
normal traffic flows.
2.3.3 SCHOOLS
Surf City school children attend Topsail High or Topsail Middle
Schools located on U.S. 17 about 10 to 15 miles from the Town. A county school
bus is available for grades K through 12.
2.3.4 ESTIMATED DEMAND
Based on the 1990 population projection of 890 persons, or an increase
of 500 persons over the 1980 census count of 390 persons, an additional 29 acres
of land would be required to accommodate this increase in new permanent residents.
500 new residents
2 persons per household
= 250 new families and needed lots
x 5,000
1,250,000
43,560
28.7
29
approximate average lot size
needed square footage
square feet per acre.
acres needed
rounded
According to the 1980 census count and existing land use survey, about 30
acres of commercial land is used to support the demand justified by the total
19

4,700 average seasonal and permanent population, which is the effective market
for tourist oriented economies. Assuming this rate of 278 acres per person
(i.e., total permanent and average seasonal) remains constant through 1990, an
additional 9.2 acres of commercial land will be required.
1990 permanent population increase 500
1990 average seasonal population
increase 940
1990 additional "demand market" 1,440
x 278 square feet
= 400,320
43,560 sq. ft.
9.2 acres
Thus, a total of 38.2 gross acres of land will be required to accommodate new
permanent residents and supporting commercial uses by 1990. Since there are 470
acres of vacant undeveloped land in Surf City, zoned both residentially and
commercially, there is more than adequate space for the projected land demand.
Because of the considerable excess capacity of the water system, no expansion
will be required. Transportation and parking spaces will become more congested
but are sufficient to accommodate the additional use. Observance of local health
regulations and state requirements for the siting and installation of septic
tanks will mitigate the possibility of groundwater contamination or estuarine
pollution.
at,

3.0 POLICIES
Land use policies serve several purposes. First, they act as guides for
desired future development and land use changes. In this sense, they may be
followed directly or used to interpret the more specific standards set out in
Town ordinances, such as the zoning ordinance. When used to interpret ordinances,
their function is to provide insight into the desired purpose of a particular
regulation, so that its spirit is observed as carefully as its letter. However,
policies are not intended to take precedence over Town ordinances and do not have
the effect of ordinances. A second purpose is to serve as an expression of Town
opinion on land uses permitted within Areas of Environmental Concern. They act
as an accepted point of compromise between federal and state agencies and the
Town. Broad community needs and needed cooperation from these agencies are
expressed in the policies. This purpose is central to the Coastal Area Manage-
ment Act's mandate of a land use planning process involving a partnership bretween
state and local governments. A third and related use is as a component of state
and federal review of permits or grant applications. Development permits must
be consistent with local land use plans, as must the expenditure of federal or
state funds. These last two purposes pose potential sources of conflict and of
opportunity in the land use planning process.
The State Guidelines for Land Use Planning require that four major types of
policies be formulated where appropriate for the particular locality. These are
resource protection, resource production and management, economic and community
development, and continuing public participation. Within each of these areas
issues are to be defined, alternatives considered and policies and methods of
implementation selected. Specific policies are to be stated on certain issues
within each of the broad policy areas Small geographical area and relatively
few AEC's make many of these issues inapplicable to Surf City (for example,
importance of productive agricultural lands or mineral sites).
21

3.1 PUBLIC PARTICIPATION POLICIES
The most fundamental objective of democratic practice is to insure that
public policies correspond closely with the needs and preferences of.affected
citizens, and to prevent government from overstepping the bounds of its limited
authority. Such an objective must acknowledge and respect the primary purpose
of public participation --increasing the responsiveness and accountability of
government to citizens affected by public decisions. Because of the great sensi-
tivity.to land use governance, public participation programs should be responsive
to the individual property owner as well as special interest groups and the
general public.
.A public participation program consists of three basic components:
(1) education, (2) public participation, and (3) governmental accountability. In
preparation, the public must be educated on the basic concepts and process of
decision making, and notified of opportunities to participate. The primary
objective of the education component is to improve comprehension and communica-
tion between affected citizens and local officials. The second component, public
participation, requires two things: first, identification of policy options, and
second, estimating support from the public for each alternative. The planners'
responsibility is to help structure the public debate by highlighting common
viewpoints and weeding out policy options that are not feasible on technical,
legal or other grounds. The final component, accountability, requires that the
rationale for particular policy decisions be explained and opportunities be pro-
vided for testing decisions for fairness and responsiveness.
Within this framework, several issues must be addressed in establishing
policies for public participation. First, who is the "public" toward which
participation efforts will be directed. In a typical beach community, the
affected may include such groups as property -owning residents, non -property -
owning residents (renters and persons living with their partents or relatives),
and non-resident property owners (absentee owners). Each of these segments of the
public will be affected to some degree by the actions and policies of the Town
and each has certain participation rights. The second issue in designing a
mechanism for participation is what priorities should be given to each of the -
affected groups in allocating time and resources. While each group is entitled
to participate and express an opinion, resources for participation are not
unlimited and efforts must be directed toward the public most immediately
affected. Finally, given the resources available and the social and economic
22

composition of the particular locality, the issue of what methods will most
efficiently and effectively gain the needed participation from the various ele-
ments of the public must be decided. Methods used by other agencies and local
governments in the past have included such diverse techniques as: speakers'
bureaus, brochures, new media coverage, depositing information in local public
places, public notices, registries of interested individuals, mass mailings,
planning information centers, mobile exhibitions, planning workshops, advisory
groups, nominal group technique, gaming and simulation, surveys, and systematic
distribution of successive draft plans to a panel of citizen reviewers. Many of
these methods will have only limited application, if any, to the Town of Surf
City. The policies that follow are intended to address the issues defined above
and select methods suitable to the Town political character and population size.
POLICY - It is the policy of the Town to assure that all resident property
owners have equal participation status in land use or other public decisions
that may affect them.
3.2 NATURAL RESOURCE POLICIES
The Guidelines for local planning require discussion and formulation of
policies for a wide range of issues, several of which are not applicable to the
Town of Surf City. These issues include productive agricultural lands, commercial
forest lands, mineral production areas, and freshwater swamps.
CONSTRAINTS TO DEVELOPMENT - Most of the major constraints to development and
policies that recognize these constraints fall within the sections that follow.
However, one major constraint not specifically covered in the following sections
is that imposed by the generally poor soil conditions found within the Town.
Failure to recognize this limitation in the past and adequately condition
development has resulted in pollution of surrounding estuarine waters and poten-
tial health hazards to homeowners. To mitigate similar situations in the future,
it shall be the,policy of the Town to insure that new -development complies with
all state, federal and local rules concerning the installation and operation of
on -site sewage disposal systems; and, further, to the extent that such action
does not substantially interfere with an owner's use of his property, the Town's
policy shall be to encourage new development to locate in areas with the best
on -site disposal capability.
23

AREAS OF ENVIRONMENTAL CONCERN - Among the most important natural resources
within Surf City's jurisdiction are the Areas of Environmental Concern which are
specifically described in the State Guidelines for Areas of Environmental Concern
(15 ACAC 74). While other AEC's may later be nominated and designated as
fragile coastal natural resource areas under Section .0500 of the Guidelines, the
two areas that predominate within the Town are the estuarine system and the ocean
hazard areas. Alternatives to development within Areas of Environmental Concern
are strictly limited by the regulations governing use of these areas promulgated
under the Coastal Area Management Act. The major policy choices and issues that
the Town must consider in developing land use policies for Areas of Environmental
Concern are: (1) The degree to which these regulations may restrict or prevent
uses within AEC's that may have importance for the entire community, or (2) Whether
the regulations are strict enough to protect the natural and protective values
found in the Areas of Environmental Concern. The following policies further
define these issues and establish the Town's policies toward acceptable land uses
within these areas.
ESTUARINE SYSTEM - Within the estuarine system are included the
coastal wetlands, estuarine waters, estuarine shorelines and public trust areas.
The significance of these areas and their descriptions are set out in Section 2.2.2,,
FRAGILE AREAS. The overriding issue with regard to establishing land use policies
for development within the estuarine system is what uses will interfere least
with the interdependent components of the system and will not upset the natural
balance and relationship of these components that create public, social and
economic values; and, to the extent that uses are permitted, how can these uses
be controlled, so that if the natural working system is interefered with, superior
public and economic values will be created by the allowed use. The determination
of these issues shall be governed by the following policies.
ESTUARINE SYSTEM POLICIES
(1) It shall be the policy of the Town to give high priority to the
protection and coordinated management of the estuarine system, so as to safeguard
and perpetuate its biological, social, economic and esthetic values; and to insure
that any development occurring within the system is compatible with natural
characteristics, so as to minimize the likelihood of significant loss of private
property and public resources.
24

(2) Uses shall be those consistent with the above policy, and highest.
priority shall be given to uses consistent with the conservation of the estuarine
system. Priority will be given to those types of development that require water
access but cannot function elsewhere. Examples of acceptable uses include
utility easements; fishing piers and docks (public or commercial); structures to
prevent erosion; access channels; navigational channels; and private boat ramps.
Equal priority will be given to grounds and facilities for public recreation, such
as community center buildings, parks and playgrounds and similar facilities
operated on a nonprofit basis; and to public or private piers allowable under
the Town Zoning Ordinance.
POLICY IMPLEMENTATION
(1) The Town will enforce as part of its zoning ordinance and map a
conservation zone which will permit only those uses consistent with the estuarine
system policies.
(2) The Town will require that all building construction conform to
applicable state building codes and acceptable marine construction techniques.
OCEAN HAZARD AREAS - The ocean hazard system consists of two areas --
ocean erodible areas and high hazard areas. The ocean erodible areas are areas
in which there exists a substantial possibility of excessive erosion and signifi-
cant shoreline fluctuation. The high hazard flood areas are those areas subject
to high velocity waters in a storm having a one percent chance of being exceeded
or equaled in any given year as identified on flood insurance rate maps or other
approved flood elevation data. These areas are considered hazardous because of
their susceptibility to change from the constant forces of waves, winds and water
upon the unstable sands that form the shore. During storms, these forces are
magnified and can cause.significant changes in bordering land forms (dunes and
beaches) and to structures located thereon. For this reason, the appropriate
location of structures on and near these land forms must be reviewed carefully
to avoid their loss or damage. The flexible nature of the land forms, which is
hazardous to development located immediately on them, also offers protection to
development located behind them. The most essential function of these land forms
is their capacity to store sand and dissipate wave and wind energy. Establishing
policies for ocean hazard areas is complicated by the fact that many of these
areas are in private ownership and, because of their proximity to the beach and
ocean, are considered prime building sites. The most critical issue with regard
25

to land use policies is what development controls and building requirements are
necessary to insure that construction in these areas does not endanger the lives or
property of ocean hazard area property owners or other property owners who may
depend upon the protection of land forms associated with the ocean hazard areas,,
but will not deprive existing or future property owners of the reasonable use of
their property.
POLICIES
.0) To the maximum extent feasible, and consistent with a property
owner's right to reasonable use of his property, uses of land in ocean hazard.
areas shall be located, designed and constructed so as to maximize a structure's
protection from wind and water and to minimize damage to the protective land
forms of dunes and beaches.
(2) Preferred erosion control measures to combat oceanfront erosion
shall be beach renourishment projects and comprehensive shoreline management,
which shall.be preferred over small-scale methods.
(3) Newly created dunes shall be aligned, if possible, with existing
adjacent dune ridges and shall be of the same general configuration.
(4) Adding to dunes shall be accomplished in such a manner that the
damage to existing vegetation is minimized. Filled areas shall be immediately
replanted or temporarily stabilized until planting can be successfully completed.
OCEAN ERODIBLE AREAS - Land uses permitted in the ocean erodible areas
shall be those uses permitted by the Town Zoning Ordinance.
FLOOD HAZARD AREAS - Land uses shall be those permitted by the Town
Zoning Ordinance, which shall include residential, commercial and institutional;
provided, however, that all new construction shall meet reasonable requirements
of the Federal Flood Insurance Administration as interpreted by the Town Building
Inspector.
AREAS OF LOCAL CONCERN - In addition to Areas of Environmental Concern,
certain areas exist within the Town that have significant esthetic and ecological
values*of local concern which could be lessened by careless development. In
particular, these areas include the spoil islands found along the Intracoastal
Waterway and the maritime forest. The significance of.these areas and their
26

importance is discussed under Section 2.2, FRAGILE AREAS. It shall be the
policy of the Town to provide the same degree of protection and priority of use
as that afforded the estuarine system areas and to include them in the Conserva-
tion Zone in the Town Zoning Ordinance.
The major value of the maritime forest is esthetic, although it is an impor-
tant component of the barrier island eco-system that provides wildlife habitat
and helps to stabilize the soil and sand. The basic issue is how much protection
should be provided to these areas --none, total, or limited. Since the.maritime
forest does not have*the same significance in terms of protective value that the
dune system does, all types of development currently permitted should be allowed
but should be controlled so that the least disturbance occurs from development.
Therefore, of the three alternatives, limited protection is the preferred choice
and*-tne following policy is adopted as a guideline for this. choice.
POLICY - It shall be the policy of the Town to encourage the mainte-
nance of the existing maritime forest by allowing only that development that will
cause the least practicable disruption to the maritime forest cover. All uses
currently permitted under the Town Zoning Ordinance will be allowed in areas with
maritime forest,.but only if consistent with the above policy.
IMPLEMENTATION - The Town will adopt as a part of its zoning ordinance
a standard for evaluation of multi -family dwellings that will require the avoid-
ance of removal of any part of the maritime forest except.that which is the
absolute minimum to allow reasonable use of the site. The Town will adopt as a
part of its procedures for the administration of its building code requirements
that plans submitted to the building inspector show maritime forest areas and
construction procedures that will cause the least practicable disruption to these
areas.
RECREATIONAL FISHERIES - While the Town has little influence over the
quantity of fish caught, it does have a vital. interest in assuring that
recreational fishermen have access to the ocean, beaches, and sounds. Access
policies to the beach are discussed in following sections. To assure continued
access for fishing to the ocean and sound, the Town adopts the following policy.
POLICY - It is the policy of the Town that existing and future piers
constructed within the Town will be open to the public at reasonable fees and
shall be constructed according to the Town's construction standards for piers
and docks set out in Chapter 6 of the Town Code.
27

OFF -ROAD VEHICLES - It shall be the policy of the Town to allow
vehicles on the beach between September 10 and May 15, provided such vehicles
are used only for fishing purposes, cross at designated crossover points, and
are manufactured four-wheel drive vehicles.
3.3 DEVELOPMENT POLICIES
Surf City's development policies are established to provide a general
guide to resolving the basic land use issues of the type, timing, location and
density of growth. As such, they are an extension and expansion of the Natural
Resource policies, a confirmation of existing policies and ordinances, and an
expression of public opinion. Timing of development, or when development will
occur, is largely dependent upon the availability of facilities. Location is
determined by the desired spatial relationship between land uses and is influ-
enced heavily by natural constraints. Density of -development is a function of
the ratio of population and number of dwelling units per unit of land. The inter-
action of each of these determinants of land use shapes the pattern and character
of the Town and its environs. Formulation of policies for each of these issues
requires consideration of broad alternative growth patterns and selection of a
general growth objective. Citizen input becomes extremely important; and to
obtain this input, a survey was conducted of all Town property owners, the results
of which are included in the Appendices.
ALTERNATIVES - The degree or amount of growth that any community
chooses to accept is generally stated in broad terms of no growth, unlimited
growth, and controlled growth between the two extremes. A more specific state-
ment and definition of these choices is generally expressed by the terms and
restrictions of land use ordinances, such as zoning ordinances and subdivision
regulations.
GENERAL DEVELOPMENT OBJECTIVE - It is the objective of the Town to
adopt policies and ordinances and take appropriate actions to promote the growth
and development of the Town as a predominantly single-family residential community
with limited supporting retail services and tourist oriented uses. The term
"single-family residential" includes multi -family ownership units (for example,
condominiums), provided such development is consistent with other Town policies
and ordinances.

TYPES OF DEVELOPMENT - It shall be the policy of the Town to permit
single-family, commercial, and institutional land uses within the Town under the
terms,of the zoning,ordinance and -in accord with the Natural Resource Policies.
Preferred commercial uses are those necessary to provide limited retail and
professional services to tourists and permanent residents.
LOCATION OF DEVELOPMENT - The location of development shall be con-
sistent with the Town Zoning Ordinance and the Natural Resource.Policies.
Commercial, multi -family or single-family attached developments shall be
planned and located so as not to interfere with surrounding residential
development.
TIMING AND DENSITY OF DEVELOPMENT - The timing of development shall
be consistent with the Natural Resource Policies and the capacity of the Town
to provide water and sewer services to additional projected development. Water,
and sewer facilities should not be expanded to a capacity greater than that
required to accommodate projected permanent or peak populations; that is, no
facility expansions should be provided to induce or promote growth beyond that
projected in the section on ESTIMATED DEMAND. The density of development shall
be consistent with that allowable in the Town Zoning Ordinance.
One particular issue with regard to density is the distinction between peak
and permanent density, because each poses separate problems with different solu-
tions. Peak density is density that occurs because of influx of visitor popula-
tion, either overnight or day visitors. The peak density tends to greatly over-
load the access system, i.e, roads and points of access to the beach and while
adding some additional load on the water system, it is the permanent population.
that has the greatest permanent impact on these facilities. The methods of
implementation that follow these policies provide different techniques for
solving each of these issues.
CARRYING CAPACITY - One of the most important issues concerning Surf
City is the relationship between the type, timing, location and amount of future
growth and the capacity of the Town's natural systems to absorb this growth.
Realistically, this translates into the capacity of the Town's soils to accept
septic tank effluent without degrading surrounding estuarine waters or creating
29

a public nuisance or health hazard. The problem has been created in the past
when septic tanks were poorly designed and installed and, most importantly, were
located either in areas with high water tables which brought effluent to the sur-
face during wet periods or in areas with rapid percolation rates which allowed
effluent to reach ground waters. In either case, lateral movement, either across
the surface of the ground or in the groundwater system, of the inadequately treated
effluent reached surrounding estuarine waters, resulting in pollution and eventual _
closing of shellfishing areas. This effect was documented in a joint study con-
ducted by the U.S. Environmental Protection Agency, the N.C. Department of Natural
Resources and Community Development, and the N.C. Department of Human Resources
which,focused on the h Old Settlers Beach area immediately north of Surf City's
town limits. This study, and similar occurrences in other areas on the North
Carolina coast led to the enactment of several rules and regulations for the loca-
tion and installation of septic tanks. Generally, those rules require, for both
single-family detached dwellings and for multiple family and commercial structures,
that septic tank systems be located away from shellfishing waters and in areas with
suitable percolation rates and low water tables. The enforcement of these rules
is primarily in the N.C. Division of Environmental Management and county health
departments. In addition, the CAMA AEC,requirements impose stricter requirements
on portions of systems that may approach shellfishing waters. Sites not meeting
these requirements must be modified, or the proposed development must be reduced
in scope or abandoned. The Town of Surf City, and all development occurring
therein, must conform to these regulations; thus, assuming the regulations and
their enforcement are adequate, future development should not result in pollution
of either groundwater or surrounding estuarine waters. The -issue in Surf City,
as in other barrier island towns in North Carolina, is whether future development
goals at projected densities will result in groundwater or estuarine pollution
despite adherence to applicable on -site sewage disposal regulations. Alternative
solutions to this possibility are as much, or more, a state responsibility as a
local one --first, because of the complexity of the problem and highly technical
information needed to determine optimum densities, and second, because the pollution
of surrounding estuarine waters has more than local significance. The Town is
equally concerned because of possible health hazards and also because of the
potential loss in a valuable economic resource. However, at the present time,
the state has yet to require or recommend optimum densities on a city-wide scale,
30

07
but has chosen to follow the current approach of requiring adequate sites under.
the assumption that adequately designed sites will not collectively result in the
pollution to be avoided. Without adequate information to indicate otherwise, the
Town has no authority to restrict projected densities through zoning or other
means as long as property owners are adequately complying with existing regulations.
Further, given the low projected rate of future development, 38 acres of the 470
developable (8%) over the next 10 years, it is doubtful, in the absence of other
information, that the problem will occur. Therefore, for the purpose of preventing
future pollution of groundwater or surrounding estuarine water, the following
carrying capacity policy is adopted.
POLICY - It shall be the policy of the Town to insure that all future
development adheres to all applicable local and state regulations governing the
operation, location, and installation of on -site disposal systems. It shall
further be the policy of the Town that any action by the Town that may result in
an increase in density above that currently permitted under existing ordinances
will consider the effects of such action on water quality; and should such effects
be negative, the Town will take whatever action is required to mitigate those
effects.
BEACH ACCESS, PRESERVATION AND EROSION CONTROL - The basic issue is
which of the alternative methods of beach preservation and erosion control will,
consistent with state and local policies, provide the most economical, safe
and environmentally acceptable protection. The two basic alternatives are struc-
tural measures, such as bulkheads or groins and renourishment, and non-structural
methods, such as vegetation maintenance and access control. The following
policies are adopted for this issue.
POLICY - Renourishment, supplemented by land use controls, access
control and vegetation maintenance, is.the preferred alternative for erosion
control.
POLICY - Since the dune and berm is a resource used by persons through-
out the region and state, the cost of its maintenance should be distributed among
the user -beneficiaries in equal proportion to the benefit received.
POLICY - The expenditure of public funds for dune and berm protection
must be complemented by the provision of public access to the beach and shore.
POLICY - To protect the dune system and its stabilizing vegetation by
(1) routing the flow of pedestrian traffic to central points of access to the
water, and (2) enforcing dune protection ordinances.
31

POLICY To implement the policies and recommendations of the Surf
City Beach Access Plan.
CULTURAL, HISTORICAL, AND ARCHEOLOGICAL RESOURCES - While there are no
known or identified significant cultural, historical, or archeological resources
within the Town, the Town recognizes that there may be significant resources
that may be identified in the future in.the course of development. In an effort
to recognize these potential resources and provide protection to the extent
feasible, the following policy is adopted.
POLICY - It shall. be the Town's policy to cooperate with state and
federal agencies or other individuals and institutions in the protection and
identification of significant existing or unidentified cultural, historical or
archeological resources.
HURRICANE AND EVACUATION POLICY - Recognizing the danger to lives and
property from hurricanes and other severe storms, it shall be the policy of the.
Town to maintain an evacuation plan for the Town at all times and to keep such
plan updated to assure the safe and efficient evacuation of Town residents in
the.event of storm threat. (A copy of the current plan may be found in the
Appendices.)
32

4.0 LAND CLASSIFICATION
4.1 PURPOSE
The land classification map is intended to serve as a graphic illustration
of the Town's adopted policies. By delineating the classes on a map, policies
(local, state and federal) can be designed for specific areas. However, land
classification is not a regulatory mechanism, but is only a tool to help implement
policies. It provides a framework to be used by local governments to identify
future land uses and as a guide to where natural and cultural resources will be
preserved.
4.2 LAND CLASSES
The state guidelines define five land classes for local governments to use
in further clarifying their policy statements. These are briefly summarized as
follows:
Developed - To provide for continued intensive development in cities -at
or approaching densities of 500 dwellings per square mile and that provide major
municipal services.
Transition - To provide for future intensive development during the
next 10 years on lands which are or can readily be served by major public services
and which are free from severe development constraints.
Community - To provide for clustered development in rural areas so as
to facilitate the provision of public services.
Rural - To provide for agriculture, forest management, and mineral
extraction in low intensity areas.
Conservation - To provide for long-term management of limited or
irreplaceable areas, and generally should apply to important wildlife habitats,
fragile resource areas, hazardous areas and public parks.
There are two categories of land classification with significance for Surf
City. These are the Developed and Conservation classes. Both of these require
some modification in definition in order to be of use to the Town of Surf City.
The Developed class, as explained above, is to provide for continued intensive
development of areas currently developed at a density of 500 dwelling units per
square mile, or at 1.28 dwelling units per acre; further, such areas should be
33

provided 'public water, sewer, fire and police protection and recreational facilities.
Virtually all land within the Town falls within this classification, since the
density ratio is_1.75 dwelling units per developable acre and all services except
public sewer are provided. However, the guidelines do permit areas which exceed
the minimum density but which lack public sewer to be divided into a separate
class to indicate that although they have a developed character, they will need
sewers in the future. The intent is to establish a modification of the Developed
class that will recognize the constraints to development --both natural and
community facility constraints --as well as the citizens' desire that the Town's
future development proceed at current rates. The second category of land classifi-
cation which requires recognition within the Town is the Conservation class. The
purpose of this class is to provide for effective long-term management of signifi-
cant limited or irreplaceable areas. Three such areas occur within the Town and
will fall within one of the subclasses of Developed. These are the marshlands,
the beaches, and the maritime forests. The degree to which development should be
permitted in any of these areas is described in the following description of the
land classes.
DEVELOPED - The purpose of the DEVELOPED classification is to insure that future
development within the Town occurs at rates and densities that are consistent with
the Town's capacity.to provide necessary sewage disposal facilities and protect_
surrounding estuarine waters. Thus, it is intended that the rate and densities
of development within this classification shall proceed at the current rate of
development as established in Section 2.3.4, ESTIMATED DEMAND, and at the densities
permitted under the Town Zoning Ordinance until sewage disposal facilities are
available. All uses permitted under the Town Zoning Ordinance shall be permitted
in this classification, in its appropriate district. This district is established
for the purpose of promoting the ESTUARINE SYSTEM POLICIES, and the DEVELOPMENT
POLICIES, all found under Section 3.0. It includes all areas in Town currently
zoned for business or residential uses, but excluding marsh and wetland areas,
beach area from mean high tide east, and the DEVELOPED - MARITIME FOREST.
CONSERVATION - PUBLIC ACCESS - The purpose of this classification is to preserve
the public rights of access to and along the beach and to protect the dunes and
wildlife. Specifically, this classification is designed to implement the following
34

policies: BEACH PRESERVATION, BEACH ACCESS, RECREATIONAL FISHERIES, and covers
the area between the toe of the dune and mean low water.
CONSERVATION - MARSHLAND - This classification is established to include the
coastal wetlands, estuarine waters, estuarine shorelines and public trust areas
and spoil islands. It is specifically included to implement the ESTUARINE SYSTEM
POLICIES and covers all the marshland areas. It includes all areas falling within
the estuarine system or defined by the guidelines for Areas of Environmental
Concern.
DEVELOPED - MARITIME FORESTS This classification is intended to include the
maritime forests, the significance of which is discussed under Section 2.2.2. It
is specifically intended to implement the MARITIME FORESTS policies, but is not
intended to restrict or limit any of the uses currently permitted under the Town
Zoning Ordinance but to insure that these uses are consistent with the values
represented by the maritime forests. It includes all areas of the Town south of
Seahorse Drive and west of NC 50 covered by significant areas of maritime forest.
35

APPENDICES
- Citizen Opinion Survey
- Applicable State and Federal Laws and Regulations
- Soil Maps
Evacuation Plan for Surf City

STATE LICENSES AND PERMITS
Agency Licenses and Permits
Department of-Natural.Resources and Community - Permits to discharge to surface
Development waters or operate waste water.
Division of Environmental Management treatment plants or oil discharge
permits; NPDES Permits, (G.S. 143-
215)
Department of Natural Resources and
Community Development
Office of Coastal Management
Department of Natural Resources and
Community Development
Division of Earth Resources
- Permits for septic tanks with a
capacity over 3000 gallons/day
(G.S. 143-215.3).
- Permits for withdrawal of surface
or ground waters in capacity use
areas (G.S. 143-215.15).
- Permits for air pollution abate-
ment facilities and sources
(G.S. 143-215.108).
- Permits for construction of com-
plex sources; e.g. parking lots,
subdivisions, stadiums, etc.
(G.S. 143-215.109).
- Permits for construction of a well
over 100,000 gallons/day (G.S. 87-
88).
- Permits to dredge and/or fill in
estuarine waters, tidelands, etc.
(G.S. 113-229).
Permits to undertake development
in Areas of Environmental Concern
(G.S. 113A-118 ). .
NOTE: Minor development permits
are issued by the local
government.
Permits to alter or construct a
dam (G.S. 143-215.66).
- Permits to mine (G.S. 74-51).
- Permits to drill an exploratory
oil or gas well (G.S. 113-381).
- Permits to conduct geographical
exploration (G.S. 113-391).

Department of Natural Resources and
Community Development
Secretary of NRCD
Department of Administration
plans for any land disturbing
activity of over one contiguous
acre (G.S. 113A-54).
- Permits to construct an oil refinery.
- Easements to fill where lands are
proposed to be raised above the
normal high water mark of navigable
waters by filling (G.S. 146.6(c)).
Department of Human Resources - Approval to operate a solid waste
disposal site or facility (G.S.130-
166.16).
Approval for construction of any
public water supply facility that
furnishes water to ten or more
residences (G.S. 130-160.1).

Agency. Licenses and Permits
Army Corps of Engineers - Permits required under Sections 9
(Department of Defense) and 10 of the Rivers and Harbors
of 1899; permits to construct in
navigable waters.
Coast Guard
(Department of Transportation)
Geological Survey
Bureau of Land Management
(Department of Interior)
Nuclear Regulatory Commission
Federal Energy Regulatory Commission
- Permits required under Section 103
of the Marine Protection, Research
and Sanctuaries Act of 1972.
- Permits required under Section 404
of the Federal Water Pollution
Control Act of 1972; permits to
undertake dredging and/or filling
activities.
- Permits for bridges, causeways,
pipelines over navigable waters;
required under the General Bridge
Act of 1946 and the Rivers and
Harbors Act of 1899.
- Deep water port permits.
- Permits required for off -shore
drilling.
Approvals of OCS pipeline corridor
rights -of -way.
- Licenses for siting, construction
and operation of nuclear power
plants; required under the Atomic
Energy Act of 1954 and Title II of
the Energy Reorganization Act of
1974.
- Permits for construction, operation
and maintenance of interstate pipe-
lines facilities required under the
Natural Gas Act of 1938.
- Orders of interconnection of elec-
tric transmission facilities under
Section 202(b) of the Federal Power
Act.

- Permission required for abandonment
of natural gas pipeline and asso-
ciated facilities under Section 7C
(b) of the Natural Gas Act of 1938. �
- Licenses for non-federal hydro
electric projects and associated
transmission lines under Sections
4 and 15 of the Federal Power Act.

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0 U 41

ENCLOSURE I
EVACUATION PLAN FOR TOWN OF SURF CITY, N.C.
(1) Persons authorized to proclaim evacuation shall be the Town Mayor and Chief
of Police. Time allowed for evacuation will be based on weather reports, our
present weather conditions on the Island, and moreover, the discretion of the
Mayor and Chief of Police.
(2) In the event of evacuation, the respective Town Mayors (Surf City and Topsail
Beach) will notify the other Town Mayor immediately and the Office of Civil
Preparedness.
(3) Evacuation headquarters will be set up at Surf City Town Hall until evacuation
is complete, at which time Headquarters will be set up on the West side of the Draw
Bridge at Docksider located on Highway 210/50 in Surf City.
(4) All emergency vehicles will be on stand—by until evacuation is complete.
(Police, Fire, and Rescue.)
(5) Traffic control will be coordinated between Surf City Police, Topsail Beach
Police, Pender County Sheriff's Department, North Carolina highway Patrol,
Rescue Squad Members, Pender County Civil Preparedness, Topsail Island
Emergency Assistance and persons designated by the Surf City Police.
(6) The first to be evacuated will be invalids, disabled persons, and persons
without transportation. These responsibilities will be assigned to the Rescue Squads.
(7) Regarding notification of residents in the Town of Surf City, the Town will be"
divided into three sections, the First section being all areas North of but not to
include Barnacle Bill's Trailer Park to the Pender/Onslow County line, the second being
all areas North of the intersection Topsail Drive and Batts Avenue (Hwy # 210/50)
to include Charlotte Avenue, the third being all areas North of the Topsail Beach/
Surf City line to the intersection of Topsail Drive and Batts Avenue, Emergency
rescue, police officers, and fire rescue persons will be assigned to each section
to notify residents that evacuation is in progress.
(8) Relocation center for all persons in Surf City and Topsail Beach is Topsail
High School, located on Highway 17,South towards Wilmington. The secondary
relocation point is located in Onslow County at either Dixon School on IIighway
17 North.
(9) The Chief of Police, or persons designated by the Chief of Police will be
responsible for contacting the proper authorities to insure that the relocation
center is prepared.
(10) After the threat of £oul weather has passed, the local authorities, (those
designated in parp 5), health Officials and Building Inspectors, Mayor, Commissioners,
and Chief of Police will rot -urn and inspect all areas for health and safety. No
unauthorized persons will be allowed past the checkpoints at Docksider set up on the
West side of the draw bridge located on Ifwy. #210/50 or at the Pender/Onslow
County line located on Ifwy # 210 until the all clear has been given. Property owners
name's willbe checked against tax records from Surf City and Topsail Beach, and
issued a pass to return Lo the i.sl.and. Passes must be posted in the windshield
of the vehicle at all times. ONLY PROPERTY OWNERS AND OR PERMANLNT RESIDENTS
WHO'S NAMES APPEAR ON THE TAX RECORDS WILL BE ALLOWED TO PASS THE ChECKPOINTS,
until the situation is completely under control by law enforcement officials.

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AREAS OF LOCAL CONCERN It shall be the policy of the Town to en-
courage the maintenance of the existing maritime forest by allowing only
that development that will cause the least practicable disruption to the
maritime.forest cover. All uses currently permitted under the Town Zoning
Ordinance will be allowed in areas with maritime forest, but only if con-
sistent with this policy.
RECREATIONAL FISHERIES It is the policy of the Town that existing
and future piers constructed within the Town will be open to the public at
reasonable fees.
DEVELOPMENT POLICIES Surf City's Development Policies are established__.
to provide a general guide to resolving basic land use issues concerning the
type, timing, location, and density of growth. Citizen input becomes extremely
important in formulating these issues and policies.. To obtain this input a
citizen survey was conducted. The significant results of the survey were that
86 percent;of those responding want population to increase slowly or remain the
same and 93 percent preferred single-family detached housing for future develop-
ments with limited supporting retail and tourist -oriented uses.
GENERAL DEVELOPMENT OBJECTIVE It is the objective of the Town to
adopt policies and ordinances and take appropriate actions to promote the growth
and development of the Town as a predominantly single-family residential com-
muni.ty with limited supporting retail services and tourist oriented uses.
TYPE OF DEVELOPMENT It shall be the policy of the Town to permit single-
family, commercial and institutional land uses within the Town under the terms
of the zoning ordinance and in accord with the Natural Resource Policies.
Preferred commercial uses are those necessary to provide limited retail and
y
professional services to tourists and permanent residents.
t

LOCATION OF DEVELOPMENT The location of development shall be con-
sistent with the Town Zoning Ordinance and the Natural Resource Policies.
Commercial, multi -family or single-family attached developments shall be
planned and located so as not to interfere with surrounding residential
developments.
TIMING AND DENSITY OF DEVELOPMENT The timing of development shall be
consistent with the Natural Resource Policies and the capacity of the Town
to provide water and sewer services to additional projected development.
Water and sewer facilities should not be expanded to a capacity greater than
J
that required to accommodate projected permanent or peak populations.
CARRYING CAPACITY It shall be the policy of the Town to insure that
all future development adheres to all applicable local -and state regulations
governing the operation, location, and installation of on -site disposal
systems. It shall further be the policy of the Town that any action by the
Town that may result in an increase in density above that currently permitted
under existing ordinances will consider the effects of such action on water
quality; and should such effects be negative, the Town will take whatever
action is required to mitigate those effects.
BEACH ACCESS, PRESERVATION AND EROSION CONTROL Renourishment, supplemented
by land use controls, access control and vegetation maintenance, is the pre-
ferred alternative for erosion control.
Since the dune and berm is a resource used by persons throughout the
region and state, the cost of its maintenance should be distributed among the
user -beneficiaries in equal proportion to the benefit received.
The expenditure of public funds for dune and berm protection must be
complimented by the provision of public access to the beach and shore. {

To protect the dune system and its stabilizing vegetation by (1)
routing the flow of pedestrian traffic to central points of access to the
water, and (2) enforcing dune protection ordinances.
To implement the policies and recommendations of the Surf City Beach
Access Plan.
CULTURAL, HISTORICAL, AND ARCHEOLOGICAL RESOURCES -It shall.be the
Town's policy to cooperate with state and federal agencies or other individuals
and institutions in the protection and identification of significant existing
or unidentified cultural, historical or archeological resources.
HURRICANE AND EVACUATION POLICY Recognizing the danger to lives and _
property from hurricanes and other severe storms, it shall be the policy of
the town to maintain an evacuation plan for the Town at all times and to keep
such plan updated to assure the safe and efficient evacuation of Town residents
in the event of storm threat.

LAND CLASSIFICATION
A system of land classification is intended to serve as a graphic
illustration of the Town's policies; however, land classification should
not be confused with the zoning map which is a regulatory mechanism. Land
classification is intended to provide a broad delineation for the type and
and location of future land use. The various land classes found in Surf
City are described below and their geographic boundaries are shown on the
Land Classification Map available at the Town Hall.
DEVELOPED This class is intended to insure that future development
within the Town occurs at rates and densities that are consistent with the .-
Town's capacity to provide necessary sewage disposal facilities and protect
surrounding estuarine waters.
CONSERVATION -PUBLIC ACCESS Within this class the public's rights of
access to and along.the beach,.and the dunes, are preserved.
CONSERVATION -MARSHLAND This classification includes the coastal wetlands,
estuarine waters, estuarine shorelines, and public trust areas and spoil
islands. It includes all areas falling within the estuarine system or defined
by the guidelines for Areas of Environmental Concern.
DEVELOPED -MARITIME FORESTS This classification is intended to protect
the maritime forests but not to restrict any of the uses currently permitted
under the Town Zoning Ordinance
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TO
N OF SURF CITY
EXISTING LAND USE MAP
RESIDENTIAL O
COMMERCIAL
&INSTITUTIONAL 10
scale 7 =40d
april 1980

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TOWN OF SURF CITY
LAND CLASSIFICATION MAP
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Surf City Pagel

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