Land Use Plan Update-1990

LAND USE PLAN
1990 UPDATE
FOR
THE TOWN OF TOPSAIL BEACH, NORTH CAROLINA
ADOPTED BY THE TOWN OF TOPSAIL BEACH: December 11, 1991
ADOPTED BY THE N.C. COASTAL RESOURCES COMMISSION: January 23, 1992

I
LAND USE PLAN
1990 UPDATE
FOR
THE TOWN OF TOPSAIL BEACH, NORTH CAROLINA
Milton R. Oppegaard, Mayor
Commissioners:
Duncan R. Humphrey
Paul Moneypenny
Robert V. Richards
Phyllis R. Whisnant (through March, 1991)
Sidney H. Williams
Anthony Caudle, Manager (through July, 1991)
Eric J. Peterson, Manager (beginning September, 1991)
Planning Board:
Randy Leeseberg, Chairman
Hoyt Bradshaw
Sterling Bryson (through September, 1991)
Bill Cherry
Angelo DePaola (through June, 1990)
Hunter Fleming, Jr.
Planning Assistance by:
McKIM & CREED ENGINEERS, P.A.
243 North Front Street
Wilmington, North Carolina 28401
M&C89207
The preparation of this plan was financed in part through a grant provided by the North
Carolina Coastal Management program, through funds provided by the Coastal Zone
Management Act of 1972, as amended, which is administered by the Office of Ocean and
Coastal Resource Management, National Ocean and Atmospheric Administration.
1

ITABLE OF CONTENTS
IPAGE
INTRODUCTION ............................................... vi
SECTION A DATA COLLECTION AND ANALYSIS 1
......................
1.
INFORMATION BASE ..................................
a. Background .....................................
1
1
b.
Summary of Data Collection and Analysis ...............
2
2.
C. Analysis of Policy Implementation Effectiveness ..........
PRESENT CONDITIONS ................................
2
12
a.
Present Population and Economy .....................
12
3.
b. Existing Land Use ................................
C. Current Plans, Policies and Regulations
CONSTRAINTS; LAND SUITABILITY .......................
13
18
22
a.
b.
Physical Limitations for Development ..................
Fragile Areas
23
23
C.
Resource Potential ...............................
23
4.
CONSTRAINTS;
CARRYING CAPACITY ANALYSIS ............
23
a.
Existing Facilities and Services
24
5.
ESTIMATED DEMANDS ................................
28
a.
Population Projections .............................
28
b.
Future Land Need
29
SECTION B
C. Community Facilities Demand .......................
POLICY STATEMENTS AND IMPLEMENTATION STRATEGIES ...
29
36
1.
RESOURCE PROTECTION ...............................
36
a.
Estuarine System .................
36
b.
.
Ocean Hazard Areas ..............................
39
C.
d.
Constraints to Development .........................
Development Issues Related to Areas of Environmental
40
Concern and Land Use and Development Densities in
e.
Proximity to ORWs .................... . ..........
Hazardous or Fragile Land Areas .....................
41
41
f.
Hurricane and Flood Evacuation Needs and Plans .........
43
g.
h.
Means of Protection of Potable Water Supply ............
Package Treatment Plants ..........................
43
44
i.
Storm Water Runoff ...............................
44
j.
k.
Marina Development ...............................
Floating Home Development ........................
45
45
I.
Industrial Impacts on Fragile Areas ....................
45
IM. Development of Sound and Estuarine Islands ............ 45

n.
Restriction of Development Within Areas Up To Five Feet
L
Above Mean High Water That Might Be Susceptible To Sea
Level Rise and Wetland Loss ........................
45
o.
Upland Excavation For Marina Development .............
46
P. The Damaging of Existing Marshes by Bulkhead Installation ..
2. RESOURCE PRODUCTION AND MANAGEMENT .............
46
46
a.
Productive Agriculture Lands, Commercial Forest Lands,
b.
Existing and Potential Mineral Production Areas ..........
Commercial and Recreational Fisheries ................
46
46
C.
Off Road Vehicles ................................
46
d.
Residential, Commercial and Industrial Land Development
Impacts on any Resources ..........................
47
e.
Impact of Peat and Phosphate Mining ..................
47
3. ECONOMIC AND COMMUNITY DEVELOPMENT ..............
a. Community Attitude Toward Growth
47
47
b.
Density and Scale of Development ....................
48
C.
d.
Industrial Development ............................
Provision of Services to Development
48
48
e.
Desired Urban Growth Patterns ......................
48
f.
g.
Redevelopment of Developed Areas ...................
Commitment to State and Federal Programs .............
48
48
h.
Assistance to Channel Maintenance and Beach Nourishment
i.
Projects ................. ....................
Erosion Control
48
49
j.
Energy Facility Siting ..............................
49
k.
I.
Tourism.....................
Coastal and Estuarine Water Access ..................
49
49
M.
Anticipated Residential Development -- Types, Densities,
Locations and Supporting Services ....................
50
4. CONTINUING PUBLIC PARTICIPATION
50
a.
b.
Public Participation Plan ...........................
Public Education on Planning Issues ...................
50
51
C.
Continuing Public Participation in Planning
51
d.
Citizen Input in Developing Land Use Plan Policy
Statements .....................................
51
5. STORM
HAZARD MITIGATION, POST -DISASTER RECOVERY
AND EVACUATION PLAN . ..............................
a. Susceptibility ....................................
52
52
b.
Related Documents ...............................
52
C.
d.
Hazards and Land Use Map .........................
Coastal Storm Hazard Mitigation Policies. ..............
52
53
1

I
[7
I
SECTION C LAND CLASSIFICATION SYSTEM ......................... 57
1. DEVELOPED ............................... .. ....... 58
a. Developed - Low Density Residential/Supporting Services ... 58
b. Developed - Constrained Low Density Residential/Supporting
Services ....................................... 58
2. CONSERVATION ..................................... 59
a. Conservation - Public Access ........................ 60
b. Conservation - Marshlands .......................... 60
C. Conservation - Maritime Forests ...................... 60
SECTION D INTERGOVERNMENTAL COORDINATION AND
IMPLEMENTATION .................................... 61
SECTION E PUBLIC PARTICIPATION ............................... 62
APPENDIX
Public Participation Plan ..................................... a-1

1
1
1
1
1
1
1
1
1
r
Map 1
Existing Land Use
Map 2
Community Facilities
Map 3
Flood Hazard Areas.
Map 4A
Land Classification
(Island Portion)
Map 4B
Land Classification
(Incorporated Area)
MAPS
iv
(Maps are located
inside the back cover
of this document)

TABLES
Table Title
Paqe
Table 1 Calculation of Peak Seasonal Population Estimates, 1990 ........ 12
Table 2 Existing Land Use Acreage (1985, 1990) .................... 14
Table 3 Residential Units (1985-1990) ............................ 15
Table 4 Building Permit Activity, 1985 - March 1990 .................. 15
Table 5 Summary of Land Use Changes, 1985 - March 1990 ............ 16
Table 6 Property Valuations (1984, 1989) .......................... 17
Table 7 Water Consumption - 1989 .............................. 25
Table 8 Water Consumption 1985 - 1990 .......................... 25
Table 9 July Water Production ................................... 26
Table 10 Population Estimates and Projections ....................... 28
Table 11 Calculation of Peak Seasonal, Average Seasonal, and
Permanent Population, Year 2000 ......................... 29
v

IINTRODUCTION
The Topsail Beach Land Use Plan is a description and assessment of the Town as it
exists today and an expression of how the Town should develop during the next ten
years. This plan attempts to answer three basic questions:
1. What is Topsail Beach today? (Assessment --what is here now?)
2. What should the future Topsail Beach be? (Goal setting --what should Topsail be
in ten years?)
,W 3. How can the Town achieve its goals? (Policy statements --and subsequently
through strategies for implementation --how do we get there?)
Users of the Plan
The Land Use Plan is an important policy document at local, regional, state and federal
levels. The users include:
- Topsail Beach Commissioners, Planning Board and Administrative staff
- Topsail Beach residents and property owners
Topsail Beach developers and others with commercial interests.
- Pender County Commissioners, Planning Board, administrative staff
- Pender County residents
Surf City Commissioners, Planning Board, administrative staff, residents and
property owners
Cape Fear Council of Governments
- State and federal planning and permitting agencies
Uses of the Plan
The Coastal Area Management Act of 1974 (CAMA) established a cooperative program
of coastal area management between local governments and the state. The act requires
coastal local governments to develop land use plans for their jurisdictions and update
them every five years. CAMA Land Use Planning Guidelines (15A NCAC 7B) prescribe
the basic content and format for the plans.
I vi
G

Topsail's last plan update was prepared in 1985, adopted locally on January 8, 1986, and
adopted by the Coastal Resources Commission on February 7, 1986.
The land use planning process addresses issues and allows local adoption of policies
guiding development of communities. The plan's technical section provides a resource
of background information on a number of subjects -- local population, development
trends, environmental factors and local governmental services and facilities. More
specific uses include:
- a statement to the world beyond Topsail Beach of the Town's position regarding
its future growth -- both in general and specific terms. The opportunity exists for
the locality to give clear, specific directions for other governments and agencies
having programs or projects impacting upon the Town.
j- a basis for regulatory instruments, such as the zoning ordinance and subdivision
regulations.
- a foundation for guiding future decisions regarding the Town's annual budget and
long-term capital improvements plan.
- an identification of areas of mutual intergovernmental concern the Town may
have with Pender County and neighboring towns.
- establishes the Town's position on environmental issues. The Town has the
opportunity to exceed state and federal environmental regulations.
- allows expressions on the future of the Town by citizens, administrative staff,
planning board and governing body.
- provides a preview of governmental positions that can be particularly valuable for
the business community, increasing predictability of government actions.
- a vehicle for a comprehensive identification of issues that most coastal localities
must face.
- each state and federal program (applicable to Topsail Beach) must be consistent
with the Town's land use plan.
- the completed (and adopted) plan will become a component of plans for Pender
County, the Cape Fear Council of Governments, and the 20 coastal counties
covered by the Coastal Area Management Act.
Ivii

SECTION A
DATA COLLECTION AND ANALYSIS
1
1
I

ISECTION A
IDATA COLLECTION AND ANALYSIS
1 1. INFORMATION BASE
ilk a. Background
Information presented in this section reflects the findings of an examination of the
Town's present situation. Such findings are considered necessary in order to
make policy choices about future land use and development within the
community. The sources for this information include:
i (1) the 1986 Land Use Plan Update
(2) field surveys
(3) town administrative staff
(4) Planning Board and Town Commission
(5) local, state and federal agencies
The manner in which the data used in this plan was assembled involved the following
steps:
( 1 ) The 1986 Land Use Plan data was used as the starting point.
(2) A land use survey was conducted during December, 1989 and January, 1990. This
was a field survey made from a vehicle. Structures built (or removed) since the 1986
survey were noted. The number of dwelling units in the multi -family structures was
noted.
(3) Building permit data were obtained from town records to supplement the information
obtained through the field survey.
Important trends can be observed by comparing land use and population data taken in
1985 and 1990. Based upon observed trends, an estimate was made for future land use
demands during the planning period (the next ten years). Subsequently, the implications
of future demands were examined and weighed against the suitability of the Town's lands.
Certain governmental services will be required to serve this predicted growth --therefore
an analysis was made to determine the Town's ability to provide these services. This
analysis was made in conjunction with a determination of those undeveloped town lands
suitable to accommodate growth. Due to environmental and other factors not all
undeveloped land has the same potential.
P

b. Summary of Data Collection and Analysis
The Town's permanent population grew from 220 persons in 1980 to 320 in 1990
-- a 45% increase, or an average growth rate of about 4.5% per year, according
to the 1980 and 1990 Decennial Censuses. The average summer seasonal
population for 1990 was estimated to be 5,904, as compared to 4,060 for 1980 -
- a 45% increase. Approximately 7,885 persons constituted the peak seasonal
population in 1990, compared with 5,310 in 1980 -- an increase of 48%.
Most new construction occurring during the last five years was for single family
dwellings (99). Twenty-two duplex buildings (44 units) and 14 multi -family units
were constructed during this time. Five dwellings were destroyed or moved out
of town. No new commercial buildings were constructed; however, two
public/institutional structures were built.
During
the last five years land developed for single family residential purposes
increased about 12%, an increase of 46% for duplexes, and approximately 13%
for multi -family projects.
Current development activity is limited to single family dwellings and duplexes.
c. Analysis of Policy Implementation Effectiveness
The 1986 Land Use Plan contained policy statements adopted by the Town Board
of Commissioners to guide land development within its jurisdiction. The following
subsection reflects those policy statements and analyzes the Town's effectiveness
in the implementation of those policies.
Resource Protection
The Estuarine System
Policies
In general, permitted land uses in the coastal wetlands, estuarine waters, and
public trust areas shall be those which are water dependent. Examples of such
uses may include: utility easements, docks, boat ramps, dredging, bridges,
bridge approaches, revetments, bulkheads, culverts, groins, navigational aids,
mooring pilings, navigational channels, simple access channels, and drainage
ditches.
Land uses that are not water dependent shall not be permitted in coastal
wetlands and public trust areas. Examples of uses that are not water dependent
2

may include: restaurants, residences, apartments, motels, hotels, trailer parks,
private roads, factories,*and parking lots.
regarding acceptable and unacceptable uses within the individual
Specific policies g g p p
AECs of the estuarine system are stated below. In all cases the particular
location, use, and design characteristics shall be in accord with the general use
standards for coastal wetlands, estuarine waters, and public trust areas as stated
in 15A NCAC 7H.
Coastal Wetlands
Acceptable land uses may include utility easements, fishing piers, and docks.
Unacceptable uses may include, but would not be limited to, restaurants,
businesses, residences, apartments, motels, hotels, floating homes, parking lots,
private roads, and highways.
Estuarine Waters
Appropriate uses may include simple access channels, structures which prevent
erosion, navigational channels, boat docks, marinas, piers, and mooring pilings.
Public Trust Areas
In the absence of overriding public benefit, any use which significantly interferes
with the public right of navigation or other public trust rights which apply in the
area shall not be allowed. Projects which would directly or indirectly block or
impair existing navigational channels, increase shoreline erosion, deposit spoils
below mean high tide, cause adverse water circulation patterns, violate water
quality standards, or cause degradation of shellfish water shall, in general, not be
allowed.
Uses that may be allowed in public trust areas shall not be detrimental to the
public trust rights and the biological and physical functions of the estuary.
Examples of such uses include the development of navigational channels or
drainage ditches, the use of bulkheads to prevent erosion, the building of piers,
docks or marinas.
Estuarine Shoreline
Suitable land uses within the estuarine shoreline AECs are those compatible with
both the dynamic nature of estuarine shorelines and the values of the estuarine
system.
1 3

Residential, recreational, and commercial land uses are all appropriate types of
uses along the estuarine shoreline provided that all standards of 15A NCAC 7H
relevant to estuarine shoreline AECs are met.
Implementation Effectiveness
Within coastal wetlands the only uses permitted were docks. Within
estuarine waters the only uses permitted were boat docks. Within public trust
areas the only uses allowed were bulkhead repair and maintenance and
docks. Along the estuarine shoreline only appropriate residential or public or
private recreational uses were permitted.
Ocean Hazard Areas
In recognition of the critical nature of Ocean Hazard Areas due to their special
vulnerability to erosion and dynamic processes and their possible danger to life
and property because of natural forces, Topsail Beach supports the State policies
for Ocean Hazard Areas in 15A NCAC 7H. The Ocean Hazard Areas designation
for Topsail Beach includes the AECs of Ocean Erodible Areas, High Hazard Flood
Areas, and Inlet Hazard Areas.
Suitable land uses in Ocean Hazard Areas generally are those which eliminate
unreasonable danger to life and property and which achieve a balance between
the financial, safety, and social factors involved in hazard area development.
Ocean shoreline erosion control activities and dune establishment/stabilization are
acceptable types of land uses. Residential, commercial and recreational land
uses and parking lots for beach access are also acceptable types of use in ocean
hazard areas provided that:
• The setback measurements established by Subchapter 7H are met.
• Mobile homes are not located within high hazard flood areas.
• Development does not involve the significant removal or relocation of frontal
dune sand or vegetation thereon.
• Development is consistent with minimum lot size, setback requirements, or
other relevant requirements established by local regulations.
• Development implements means and methods to mitigate or minimize
adverse impacts of the project as required by 15A NCAC 7H.
7
n

1 ° 9
P 9 Development of growth -inducing public facilities such as sewers, water lines,
at roads, bridges, and erosion control measures occurs only in cases where:
national or state interest and public benefits are clearly overriding factors,
facilities would not exacerbate existing hazards or damage natural buffers,
facilities would be reasonably safe from flood and erosion control related
damage, and
facilities do not promote growth and development in ocean hazard areas.
• Development will not create undue interference with legal -rights to public
access and use of such areas.
Implementation Effectiveness
Development that was permitted during the last planning period was
consistent with all provisions of this policy.
IPhysical Constraints to Development
Two specific areas that constitute physical constraints to development have been
identified by Topsail Beach: Soils/Septic Tank Suitability, and Flood Prone Areas.
The following policies are adopted to properly recognize these constraints.
Policies
Soils and Septic Tank Suitability
• Pender County enforces standards to ensure that all single and two-family
dwellings, non-residential, commercial constructed have properly installed and
functioning septic tanks.
• Special Use Permits for multi -family dwellings will be issued only if the
sewage disposal systems meet the requirements of the Town of Topsail
Beach, Pender County, State of North Carolina, and the United States.
Flood Prone Areas
• The development of residential and commercial uses will only be allowed if
they meet the 'Town's Flood Plain Management Regulations and other
applicable state and federal regulations.

Implementation Effectiveness I
Pender County enforced regulations to ensure properly installed and
functional septic tanks. Special Use Permits were issued to Serenity Point
and Queens Grant (multi -family developments) due to their meeting of
governmental requirements regulating sewage disposal systems. All
residential and commercial uses meet the Town's Flood Plain Management
Regulations and other applicable state and federal regulations.
Fragile Land Areas
Maritime forests
Policy
It shall be the policy of the Town to encourage the maintenance of existing
maritime forest by allowing development that is designed to 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 forests
but only if consistent with the above policy.
i n Effectiveness Implementat o
The Town was partially successful in the implementation of this policy.
Water Supply Protection
(No Policy Statement)
Package Treatment Plants. The following policy is hereby adopted:
Policy I
Topsail Beach may permit the use of private sewage collection and treatment
systems if associated development is consistent with the Town's development
plans and policies; the system meets state and federal permitting requirements;
the project will have no adverse impacts beyond its boundaries; and, the
developer can assure the Town that a system guaranteeing perpetual monitoring
and maintenance will be in place upon project completion.
Implementation Effectiveness
This . policy was implemented through the permitting of two multi -family
projects. 0

Storm Water Runoff
Policy
Topsail Beach will implement various methods it considers appropriate to reduce
storm water runoff. Examples of methods which could be used in single family
construction to minimize runoff include using pervious or semi -pervious materials,
such as pebbles, turf stone or crusher -run, for driveways and walks, and retaining
natural vegetation along marsh and waterfront areas to take advantage of their
natural filtering properties. Zoning and subdivision regulations will be used to
implement these policies.
Implementation Effectiveness
This policy was implemented through the building permitting process.
Marina Development
Policy
The Town will review any proposed marina development in light of the goals and
policies of its Land Use Plan and land development ordinances.
Implementation Effectiveness
No marinas (CAMA regulated) were proposed during the last planning period.
Floating Home Development. The Town has adopted an ordinance to regulate
floating home development within its jurisdiction. The ordinance establishes
standards and conditions by which such activities are permitted within certain
zoning districts.
Implementation Effectiveness
This was not an issue during the last planning period.
Development of Sound and Estuarine Islands. These areas within the Town are
currently zoned "Conservation" under the terms of the Town's Zoning Ordinance.
Water dependent uses such as docks, water access, boat ramps, and fishing
piers are permitted as a matter of right as well as agricultural uses.
i n Effectiveness Implementat o
This was not an issue during the last planning period.

Ll
Resource Production and Management I
Commercial and Recreational Fisheries. Any development which will profoundly and
adversely affect coastal and estuarine waters will be discouraged. In the design,
construction and operation of water dependent developments, efforts must be made
to mitigate negative effects on water quality and fish habitat. These efforts will be at
the Owner's or operator's expense.
Implementation Effectiveness I
No inappropriate developments were proposed during the last planning period.
For those projects constructed, this policy was implemented through the building
permit process.
Off Road Vehicles. No vehicular traffic will be allowed over the ocean front dunes
within the Town limits at any time; and, no vehicular traffic will be allowed on the
beach between the dates established annually by the Town Board from the northern
Town limits to the end of Topsail Inlet. Vehicles may be operated at other times on
certain parts of the beach below mean high water after registration and issuance of
a permit from the Town. The maximum speed limit is ten miles per hour. This policy
is implemented through Article F of the Town Code. Currently, there are portions of
the beach that are closed at all times.
Implementation Effectiveness
This policy was implemented and made more restrictive during the last planning
period.
Economic and Community Development
General Land Use Policy. Topsail Beach supports the development of residential,
commercial and recreational uses within the Town consistent with other relevant
policies and local land use regulations. The land use controls of Topsail Beach are.
and will continue to be written and enforced to insure that proper and adequate
measures are incorporated into the design, construction and operation of such
developments so that any substantial negative impacts to neighboring land uses and
the environment are minimized.
It is the policy of the Town to permit those land uses which enhance the Town as a
family -oriented tourist community for living and recreation. Examples of land uses
consistent with this policy include single and multi -family residential uses, tourist -
oriented businesses, and supporting services or commercial uses.

Implementation Effectiveness
This policy was implemented through the use of the zoning ordinance.
Density and Scale of Development. Densities for new development shall be
consistent with the density of existing land use as enforced through the Town's
Zoning Ordinance. Building scales shall be consistent with existing construction in
Topsail Beach, which is characterized by "low-rise" one, two and three story
structures.
Implementation Effectiveness
All development was in conformity with the zoning ordinance and the subdivision
ordinance and was characterized by low-rise structures.
Industrial Development is not considered an appropriate use for Topsail Beach and
is not permitted under the terms of the Town's Zoning Ordinance.
Implementation Effectiveness
Industrial development during the last
was not proposed planning period.
Provision of Services to Development. The Town provides water and solid waste
disposal services to its residents. Rescue squad and fire protection are provided
through volunteer departments. The Town will continue to serve permitted
development with water and solid waste collection services.
Implementation Effectiveness
These services were adequately provided.
Preferred Urban Growth Patterns. Topsail Beach is a contained community at the
southern end of Topsail Island. Therefore, all growth within the Town occurs in a
relatively compact manner. The Town will continue to control specific development
locations through enforcement of Resource Protection Policies and the Town Zoning
Ordinance. The zoning map and land classification map graphically display these
policies.
Im lementation Effectiveness
Development was controlled by policies and Town ordinances.
Beach Nourishment and Channel Maintenance Proiects. The Town supports beach
nourishment The dredged
and channel maintenance projects. use of appropriate

materials for beach nourishment is encouraged. The Town's current policy is to use
its 3% accommodations tax receipts for erosion control projects.
The Town's policies with regard to erosion control and dune preservation are more
fully identified in the Erosion Control Study- Town of Topsail Beach prepared in 1979.
The following policies from this study are hereby incorporated into the Land Use Plan:
• While the causes of erosion - the ocean's wind and waves - cannot be stopped,
the effects of these processes can be mitigated or corrected.
• The most effective corrective measures and mitigation methods are those which
are ecologically sound, consistent with state and federal policies, and allocate
costs most equitably among the users of the beach.
• The best method of correcting erosion damage (consistent with the above policy)
is through re -nourishment of the berm and dune system.
• The best methods of mitigating and preventing damage from erosion are land use
controls and dune protection and maintenance.
• The beach is a resource of statewide significance and the value of a healthy
productive dune extends to -users throughout the region and state.
• Because of the. uncertain and conflicting policies at the state and federal levels
for assistance to local governments in protecting the dune and berm system,
every effort must be made at the local level to generate funds for corrective and
mitigating measures.
Implementation Effectiveness
The Town fully supported beach nourishment and channel maintenance projects.
The Town actively supported a Corps of Engineers project involving berm and
dune beach fill (17,400 feet long) and a terminal groin (1,010 feet long).
Tourism and Beach/Waterfront Access. Topsail Beach considers beach access as
a major priority. It is its policy to: 1) provide reasonable means and opportunity for
all members of the public to have access to the beach and other public trust lands
and waters, provided such means do not conflict with the rights of residents to the
use and enjoyment of their property; 2) to encourage the use of non -auto oriented
transportation methods such as bicycling and walking .on the Town's beach and
waterfront areas; 3) to prohibit all traffic on the dune and berm except at designated
access points and upon a ramp or walkover structure; and 4) to consider future beach
and water access improvements based on land availability, availability of funds for
such projects, and demonstrated need for further improvements.
10

Implementation Effectiveness
All components of this policy were implemented during the past planning period.
Continuing Public Participation
It is the policy of the Town to assure that all property owners and residents have
equal participation status in land use decisions that may affect them. In consideration
of the relatively small resident population and geographical area of the Town, and in
recognition of the inability of some persons to participate in the land planning process
because of physical infirmity or job conflict, it shall be the policy of the Town to utilize
a variety of public education and participation techniques. These techniques may
include citizen surveys, public meetings and workshops, use of all news media to the
extent that cooperation can be obtained, including required public hearings and review
of draft plans and policies.
It is a further policy of the Town to follow a continuing land use planning process of
problem identification, data collection, development of alternatives, policy formulation,
development of implementation strategies, and monitoring.
Implementation Effectiveness
All components of this policy were implemented.
During the past planning period, all meetings and workshops held by the
Commissioners and the Planning Board, when planning or related issues were
discussed, have been open to the public. News reporters were welcomed to these
meetings. Reporters were frequently given background or summary information to
assist in their comprehension of the issues discussed. All ordinance amendments
and planning processes requiring public hearings were so presented for public review
and comment. The Town administration mails a newsletter each spring to all Town
water service customers. The newsletter reflects current issues, policies, and service
schedules such as garbage and trash collection. The updating of this plan involved
a public participation plan, which in turn included a mailing of 200 questionnaires to
all residents and to a percentage of other property owners.
d. Subdivision Activity
Two subdivisions with a total lot count of 43 were approved since the last plan
update. Permits for 125 structures were issued during this period.
1 11
J

2. PRESENT CONDITIONS
a. Present Population and Economy
This section, concerned with estimates of the current population, is divided into
three components (peak seasonal, average seasonal, and permanent). A
following section (Estimated Demands) will be concerned with population
projections expected to materialize by the year 2000.
The current permanent population, according to the 1990 Census, is 320 persons.
The current average seasonal population of 5,914 persons is an upward revision
of the figure projected (5,890) for 1990 in the last two land use plan updates.
The average seasonal population is assumed to be 75% of the peak seasonal
population figure (refer to the following paragraph and to Table 1).
The current peak seasonal population figure reflects a slight revision from the
1985 projection of 7,720 persons. The estimate made by this update (7,885
persons) was derived in the following manner:
Table 1
Calculation of Peak Seasonal Population Estimates, 1990
Topsail Beach, North Carolina
Number of Persons Per Occupancy Total
Dwelling Type Dwellings Dwelling Rate % Persons
Permanent
Population 160 x 2.0 x 100 = 320
Peak Seasonal
Population 851 x 8.8 x 90 = 6,740
Motel Rooms 217 x 4.0 x 95 = 825
Totals 1,228 ----- ---- 7,885
Sources: 1985 Land Use Plan
Town of Topsail Beach
McKim & Creed Engineers
12

manner b which the primary data were obtained for Table 1 is as follows:
The ma y p ry
- Number of Dwellings. For the residences housing permanent residents, this
number (160) was obtained from Town records (water billings) and personal
knowledge of Town staff. As a comparison, the 1990 census count of occupied
dwellings was 162. Motel rooms (217) were counted during the land use survey.
The total number of dwellings (1,228) was obtained from the Town records and
verified by land use surveys. The number of dwellings used seasonally (851) was
derived by subtracting permanent resident dwellings (160) and motel rooms (217)
from the total dwelling count (1,228).
- Persons per Dwelling. The average family size (2.0) for the permanent population
was derived by dividing the permanent resident population (320, U. S. Census)
by the number of dwellings inhabited year-round. This figure (2.0) closely
corresponds with other beach town permanent family sizes. The persons per
dwelling figures for seasonal units (8.8) and motels (4.0) were obtained by
. questioning real estate agencies and motel operators. Responses from these
individuals were averaged for use in the estimate shown above.
= Occupancy Rates. The occupancy rate for permanently occupied dwellings was
assumed to be 100%. Occupancy rates for seasonal units (90%) and motel
rooms (95%) were obtained by averaging figures obtained from real estate
agencies and motel operators.
b. Existing Land Use
Since the last update there have been no significant land and water use
compatibility problems. No major problems have resulted from unplanned
development and no changes in predominant land uses have occurred. The
existing uses of land are shown on Map 1.
The following reflects an analysis of the existing uses of land and the changes
that have occurred since the 1985 Plan update.
Table 2 shows the number of acres of Town land used for six different purposes
in the years 1985 and 1990 along with the resulting percent changes for the five
year period. Overall, the developed land area increased 23.6 acres, a 9.7%
increase. Most of this growth represents single family and duplex construction.
No increase in commercial acreage was noted. The vacant (developable) figure
for 1990 was adjusted to reflect six acres of buildable lots lost to beach erosion
since the last plan update.
Approximately 62 percent of the developable land area within the Town has been
developed.
1 13

Table 2
Existing Land Use Acreage (1985, 1990)
Topsail Beach, North Carolina
1985
1990
Percent
Acreage
Acreage
Change
Single Family Residential
139.7
156.7
12.2
Duplex
9.3
13.6
46.2
Multi -Family
12.4
14.0
12.9
Commercial
12.7
12.7
0.0
Public/Institutional
3.1
3.3
6.5
Streets
43.0
44.6
3.7
Subtotals
220.2
244.9
11.2
Vacant (Developable)
180.0
149.3
(17.1)
Totals
400.2
394.2
(1.5)
Sources:
1985 Acreage - December 1984 field survey from 1986 Land Use Plan Update
1990 Acreage - March 1990 field survey by McKim & Creed Engineers and Town
building permit records.
Whereas the percent change for duplex and multi -family shows remarkable growth figures
(31.6, 11.4), the most significant aspect of tables 2 and 3 is that single family residences,
in terms of sheer numbers, indicate the prevailing development trend of the past five
years. A total of 143 single and duplex units were built during the past five years,
compared with only 14 multi -family units. Single and duplex units constituted 91 percent
of residential construction during this period.
The following Table 3 shows the number of residential units, by type, for the years 1985
and 1990. Ninety-nine single family units were permitted during the five-year period.
Forty-four duplex units (22 structures) were permitted, and 14 multi -family units were
permitted in Queen's Grant. A multi -family development contains three or more dwellings.
No motel rooms were added during this period.
14

Table 3
Residential Units (1985-1990)
Topsail Beach, North Carolina
W01.11+i
Single Family 669
Duplex 142
Multi -Family 43
Motel (Rooms) 217
Totals 1,071.0
Sources:
1985 figures - 1986 Land Use Plan Update
1990 figures - Town building permit records
Percent
1990
Change
763
14.1
186
31.0
57
32.6
217
0.0
1,223.0
14.2
Table 4 below shows building permit activity for all types of new buildings for the period
1985 to March 1990. Additions or repairs are not reflected in this table. An average of
about 29 dwelling units a year were permitted during this period.
Table 4
Building Permit Activity, 1985 - March 1990
(New Buildings only -- additions or repairs not included)
Topsail Beach, North Carolina
Single Duplex Multi -Family
Commercial
Motel
Public/
Dwellings
Year
Fam. Res. Res. (Bldg) Res. (Units)
(Bldgs.)
(Rooms)
(Instit.)
Lost'
1985
13 4 14
0
0
0
1
1986
25 0 0
0
0
0
3
1987
17 0 0
0
0
0
0
1988
19 0 0
0
0
0
0
1989
21 12 0
0
0
1
0
1990**
4 6 0
0
0
1
1
Totals
99 22 14
0
0
2
5
" Lost due to storm, fire or relocation out of Town.
Through
March 9, 1990
Source:
Town of Topsail Beach Building
Permit Records
15

Table 5 below reflects a summary of land use changes that have occurred during the last
five years. The table shows both building counts and acreage figures for 1985 and March
1990. Moderate growth rates for residential construction (mostly single family and duplex
structures) have been experienced. Growth in multi -family development occurred only
in 1985 with the permitting of 14 units. Five dwellings were lost to storm damage or
relocation during this period. Very little activity was noted for non-residential construction.
Table 5
Summary of Land Use Changes, 1985 - March 1990
Topsail Beach, North Carolina
Single Duplex Multi -Family Commercial Motel Public/ Dwellings
Fam. Res. Res. (Bldg) Res. (Units) Buildings Rooms Instit. Lost'
Buildings
(1984 data from
1986 Plan) 669 142 43 25 217 5 0
Building
permits 1985 -
March 1990 99 22 14 0 0 1 5
Building
Totals
(03/09/90)
768 164 57 25
217
6
5
Acres ('84
Data from
'86 Plan)
139.7 9.3 12.4 12.7
0.0
3.1
0.0
Acres Added
'85 - March
1990
17.0 4.3 1.6 0.0
0.0
0.2
0.0
Total Acres
March 1990
156.7 13.6 14.0 12.7
0.0
3.3
0.0
* Lost due to storm, fire or relocation out of Town during the period 1985 - 1990 (all
were
single family residences).
Source:
Town of Topsail Beach Building Permit Records
,
McKim & Creed Engineers Measurements '
16

Bea approximately Beach erosion has rendered a roximatel 50 lots 6 acres) unbuildable since the 1986
plan update.
The 1985 Plan presented property valuations for real and personal property, and utility
assessments within the Town for the year 1984. Pender County conducted a re-
evaluation in 1987, accounting for most of the increase in assessments shown in the
figures for 1989.
Table 6
Property Valuations (1984, 1989)
Topsail Beach, North Carolina
From Digest for Town 1984 1989
Parcels 1,320 1,562
Gross Real Property Assessments 36,959,050 102,493,283
Gross Personal Property Assessments 2,846,805 2,713,667
Utility Assessments 616,366 956,940
Exemptions (52,450) (60,000)
Town's Net Taxable Digest 40,369,771 106,103,890
Source: Town of Topsail Beach
Certain growth records and accompanying issues can be identified by the plan updating
process. The identification of these trends and issues is a necessary component of the
planning process. These items become the basis for projecting future development of the
Town (in terms of land area and population). Additionally, and equally important, trends
and issues assist the Town in determining the future adequacy of Town facilities and
iservices.
The Town's growth during the past five years consisted primarily of single and two-family
residential construction. Very little non-residential construction occurred. Multi -family
development was witnessed only during 1985, with the permitting of 14 units at Queens
Grant. Development such as Serenity Point (duplexes), Marijime Way, M&L Subdivision,
and some individual homes also indicate trends toward high valued projects.
17

Ll
The, identification of certain issues has evolved out of the analyzation process, and
additionally, have been validated by opinions expressed by the Town Commissioners,
Planning Board, town staff, and the public (through the questionnaires).
These issues include:
- the augmentation of a beach renourishment program
- the need for a central wastewater collection and treatment system
the need to increase the Town's water supply
- the need for a developed access facility at the south end of the beach at New
Topsail Inlet.
c. Current Plans, Policies and Regulations
The following is a listing and summary of existing plans, policies and regulations
having significant implications for land use planning.
(1) Current CAMA Land Use Plan. This plan is an update of the 1986 Land
Use Plan and contains the following basic elements:
summary of data collection and analysis
existing land use map
policy discussion ,
land classification. map
When this current update (1990) is adopted it will become the Town's
official policy statement and land use plan. Until the 1990 update is
adopted, the 1986 plan will remain in effect.
(2) Zoning Ordinance. The Town has adopted and is enforcing an ordinance
that controls the use of land, and regulates densities, building heights and
setbacks, parking, signs, and public improvements. A major revision to
the ordinance is currently under consideration.
(3) Subdivision Regulations. The Town has adopted and is enforcing an
ordinance regulating the design and platting of future subdivisions.
Minimum development standards and a review and approval process are
contained in these regulations.
(4) Wastewater Collection, Treatment, and Disposal System. This study and
report is summarized later in this Section in subsection 5.c.1.
(5) Planning and Development Ordinance establishes the local planning
board and prescribes general powers and duties:
18 1

- to acquire and maintain in current form such basic information and
materials as are necessary to an understanding of past trends,
present conditions, and forces at work to cause changes in -these
conditions
- to prepare, and, from time to time, amend and revise a
comprehensive plan
- to establish principles and policies for guiding action in the
development of the area
- to prepare and recommend to the Town board ordinances promoting
orderly development along the lines indicated in the comprehensive
plan
to determine whether specific proposed developments conform to the
principles and requirements of the comprehensive plan for the growth
and improvement of the area
- to keep the Town board and the general public informed and advised
as to these matters
Ito perform any duties which may lawfully be assigned to it.
This planning and development ordinance, under authority of the Coastal
Area Management Act of 1974 as amended, adopts articles and sections
relating to local responsibilities of the Act (CAMA), including jurisdiction,
designation of local official, minor development permits, appeals,
injunctive relief, penalties and amendments.
(6) N.C. State Building Code.
i Volume I General Construction
(ii) Volume II, Plumbing
(iii) Volume III, Heating
(iv) Volume IV, Electrical
(7) N. C. Uniform Residential Building Code. The codes listed above along
with this code are applicable for safe and stable design, minimum
standards, and use of materials in buildings or structures erected,
enlarged, altered, repaired or otherwise constructed or reconstructed.
(8) Civil Preparedness Regulations contains a Town evacuation plan and
state of emergency restrictions and provisions.
1 1 19

r
(9)
Fire Prevention and Protection Ordinance establishes the Fire Department
and sets related restrictions.
(10)
Flood Damage Prevention Ordinance promotes the public health, safety
,
and general welfare by minimizing public and private losses due to flood
conditions in specific areas.
(11)
Housing Regulations establish minimum standards for fitness for the initial
and continued occupancy of all buildings used for human habitation.
(12)
Licenses and Business Regulations establishes a procedure for the levy
and collection of taxes for the privilege of maintaining a business within
Town. This includes the occupancy tax ordinance.
(13) Motor Vehicles and Traffic Ordinance regulates speed limits, driving on
the beach strand, parking and bicycle use.
(14) Nuisances Ordinance regulates unnecessary noises, weeds and refuse,
and abandoned and junked motor vehicles.
(15) Offenses and miscellaneous provisions includes restrictions upon fires,
trespassing, camping, surfing, consumption of intoxicating liquor, fire
bombs, posting bills, firearms and tampering with regulatory or other
Town approved signs.
(16) Personnel Regulations establish a system of administration for the Town
to recruit, select, employ, develop and maintain an effective and r
responsible work force.
(17) Police Regulations are concerned with organization and duties, uniforms,
inter -local cooperation and the police auxiliary force.
(18) Solid Waste Management Regulations are concerned with the deposit of
refuse in containers, burning or accumulation of garbage, containers,
dead animals, and charges for services.
(19) Streets and Sidewalks Ordinance regulates littering, maintenance,
receptacles and building debris.
(20) Utilities Regulations govern the local water system, including. provisions
for connections, meters, use, tampering, application for service, deposits,
charges, responsibility, extensions, financing, and private wells.
20
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Ll
J
L
(21) Future water supply wells will be located on the mainland - therefore the
well heads will not be an obstacle to future development.
The following process is used to administer the zoning ordinance and subdivision plat
reviews:
Zoning Administration
The Town's Zoning Ordinance is administered by the local building inspector.
Applications for building permits are reviewed for compliance with zoning and other
restrictions. Periodic inspections and final inspections for certificate of occupancy
help insure conformity with these ordinances.
A request to amend the zoning ordinance (either the map or text) is processed in
accordance with the following steps:
(1) Request is given to Town staff for entering before the Town Commission.
(2) The Town Commission refers the request to the Planning Board for study
and a recommendation.
(3) The request is studied by the Planning Board and sent ' back to the
Commission with a recommendation for action.
(4) The Commission considers the request and the Planning Board
recommendations and takes action that it deems appropriate. If an
amendment to the ordinance is to be considered, a public hearing will be
advertised and held.
Subdivision Plat Reviews
A request for approval of a subdivision plan is processed in accordance with the
following steps:
(1) The subdivider may present a sketch plan for reviews with the Planning
Board.
(2) The subdivider prepares a preliminary plat generally following the
approved sketch plan (if one has been submitted).
(3) The subdivider presents the preliminary plat'to the Town staff to review
for conformity with the subdivision regulations.
21

(4) The Town staff refers the preliminary plat and a recommendation to the 1
Planning Board for review.
(5) The Planning Board refers the preliminary plat'and review comments to
the Town Commission.
(6) The Town Commission reviews the plat and takes action it deems
appropriate.
(7) When the preliminary plat is approved the subdivider prepares the final
plat based upon the preliminary plat and subdivision regulation
requirements.
(8) The subdivider presents the final plat to the Planning Board for review.
(9) The Planning Board refers the final plat and review comments to the
Town Commission for final approval.
(10) The Town Commission reviews the final plat and the Planning Board
recommendation and takes action it deems appropriate.
Adjustment considers variances and appeals from Town 'administration
The Board of PP
decisions or interpretations. Currently the Board considers one or two variances a year.
The Town's Zoning Ordinance is consistent with the land classification map. The
predominant zones for Topsail Beach are residential (R-1 through R-4), two business
zones (B-1 and B-2) and four conservation zones (C-1 through C-4). The minimum lot
area is 5,000 square feet for the first dwelling and 3,500 square feet for each additional
unit, yielding a maximum density of 12 units per acre.
Within the next ten years, there are no areas within Town that are predicted to experience
changes in predominant land use. There are several parcels of vacant land that may be
developed for low density (one and two family) residential purposes.
3. CONSTRAINTS; LAND SUITABILITY A
This subsection discusses the general suitability of undeveloped lands for future
development within the planning jurisdiction of the Town. Certain specific factors are
examined;
22 1

a. Physical Limitations for Development
There are no identified man-made hazards in the planning area. Map 3 reflects
flood hazard areas as shown on the Town's Flood Insurance Rate Map (FIRM)
dated February 15, 1985.
Some undeveloped areas contain soils that may present limitations for septic
tanks; however, such problem areas are not widespread and must be determined
on a lot -by -lot basis. The Pender County Department of Environmental Health
is the agency charged with the responsibility of evaluating soil suitability for septic
tank systems.
The Town has three wells located on Town -owned property and are considered
protected (through ownership of land around the well heads). Future wells will
most likely be located on the mainland.
With the exception of individual sand dunes there are no land areas having a
predominant slope exceed 12 percent.
b. Fragile Areas
Within the planning area the following land areas are considered "fragile":
(1) ocean beach
(2) estuarine waters and estuarine shorelines
(3) public trust waters
(4) maritime forests
(5) coastal wetlands
c. Resource Potential
The resource potential within the planning area consists of elements of the
environment associated with recreation, tourism, and commercial and sport
fishing.
4. CONSTRAINTS; CARRYING CAPACITY ANALYSIS
The following is an examination of certain factors reflecting the Town's ability to
provide basic community (public) services to meet anticipated and current demands.
' Regarding community services the 1986 Land Use Plan Update was concerned
primarily with the street system, water system, and solid waste disposal. These and
other community facilities, both public and commercial, were discussed. Included in
this concern were the Town Hall and Police Department, Emma Anderson Memorial
23

Chapel, beach access points, and commercial fishing piers and marinas. The primary
community facility concerns expressed in the 1986 Plan were with the water system
and solid waste disposal. '
This Plan update will be concerned with the following public community facilities:
Existing Facilities and Services
• Water Supply and Distribution
• Solid Waste Collection and Disposal
• Town Hall
• Police Department
• Fire Department
• Road System
• Rescue Squad ,
• Beach Access and Maintenance
Future Facilities I
• Wastewater collection, treatment and disposal system
a. Existing Facilities and Services
(1) Water Supply and Distribution
The supply system consists of three wells with a combined pumping capacity
of 500 gpm. A storage capacity of 400,000 gallons is achieved through a
100,000 gallon elevated storage tank and two ground storage tanks with
capacities of 100,000 and 200,000 gallons. Refer to Map 2 for location of the
wells, treatment plants and tanks. Since the last Plan update, wells number
1 and 2 were re -drilled to a depth of approximately 300 feet. Two fire
hydrants have been added to the system at Serenity Point, two at Monroe
Avenue and one on Anderson Boulevard south of Haywood Avenue.Water
system problems continue to be excessive calcium resulting in hard�� water.
The table below shows water consumption by customer type for 1989:
J
24
�

Table 7
Water Consumption - 1989
By Customer Type
Customer Type Number Gallons
Residential 892 42,000,000
Business 27 6,000,000
Totals 919 48,000,000
Source: Town of Topsail Beach
Comparison of consumption rates for the five preceding years is made below:
Table 8
Water Consumption 1985 - 1990
Year
Consumption (gallons)
1985
46,000,000
1986
48,000,000
' 1987
47,000,000
1988
50,000,000
1989
48,000,000"
1990
56,000,000
*Reduction in consumption attributed to inclement
Easter holiday weather.
Source: Town of Topsail Beach
25

As the Town grows, the water system is nearing its capacity to meet peak demands '
during the summer tourist season. Gallons of water pumped during the peak month of
July for the past five years reflects this increase in demand: '
Table 9
July Water Production ,
1987 - 1991
Year Production (gallons)
1991 10,507,400
1990 10,568,700
1989 9,613,300 ,
1988 9,245,500
1987 8,856,500
As the Town grows the water system is nearing its capacity to meet peak demands during
the height of the summer tourist season. Pursuant to this situation the Town plans to
construct its fourth well during the 1992-1993 fiscal year.
(2) Solid Waste Collection and Disposal
The Town contracts with a private firm, Windfish Disposal, for the collection
and transportation of solid waste to the Pender County landfill located west
of Burgaw. This landfill should serve the County through 1993. Presently, '
alternative sites for the future landfill are being evaluated by the County
administrative staff and commissioners.
The Count is constructing a transfer station on Highway 17 near Topsail
'
Y 9 9 Y P
High School. Scheduled to be completed by the end of 1990, this facility
should have the effect of moderating future increases in garbage collection '
fees. Garbage is collected two times a week during the summer season and
one time a week during the rest of the year.
(3) Town Hall
This building (located on Anderson Boulevard at Crews Avenue) was
expanded and renovated in 1989, yielding 3,500 square feet of floor area for
the Town administration and police department functions. Refer to Map 2 for
location. Administrative staff includes four full time positions; manager, public
works director, clerk, and an assistant clerk, and two part-time positions;
building inspector and accounting clerk. Parking spaces are adequate. The N
Town Hall is an attractive and adequate facility.
26
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1
(4) Police Department
This Department is housed within the renovated Town Hall. Personnel
includes the police chief, four full time officers and five auxiliary officers.
Auxiliary officers assist during peak summer weekends. The Department has
two vehicles and a garage for housing them behind the police department.
The Department, both in terms of personnel and equipment, is deemed
adequate to meet needs through the planning period.
(5) Fire Department
This is an all -volunteer unit with a chief and 25 fire fighters. Fire fighting
vehicles consist of a 1989 Ford/Quality Manufacturing pumper and a 1972
Ford Howe pumper. The fire station is located east of the Town Hall on
Anderson Boulevard (refer to Map 2). Extensive repairs to the station were
made in 1991.
(6) Road System
Topsail Beach's only arterial road is Anderson Boulevard (N.C. Highway 50
east of Florida Avenue). Anderson begins at Trout Avenue and continues 3.9
miles northeast to the Surf City Town Limits. Additionally the Town maintains
approximately ten miles of streets of which 97 percent are paved. The only
significant road system problems are localized roadside ponding during
rainstorms, the narrow pavement width of N.C. 50, and limited parking spaces
around tourist destination areas (a problem cited in the 1986 Plan).
(7) Rescue Squad
The rescue squad is an all -volunteer non-profit entity. The squad owns the
building on Flake Avenue between Carolina and Channel Boulevard that
houses their two ambulances.
(8) Beach Access
The Town has established 19 public beach accessways, all with dune
walkover structures. Most access points have parking spaces. These are
typically located at the street ends abutting the beach strand. Estuarine
(sound) access is provided at one access point, with parking and other site
improvements, and through 15 unimproved access points located at street
ends. Refer to Map 2 for location of access points.
The questionnaires mailed in February, 1990, yielded a number of responses
indicating a need for additional access facilities. Parking, rest rooms and
27

changing facilities were specific needs cited. Access needs to the south
beach and additional access points to the sound were frequently stated in the
responses. A vehicular access point is provided at the end of Drum Avenue. '
Vehicles are allowed on the beach, with permits, between the dates of
November 15 and March 31. North of Drum Avenue, no vehicles are allowed
at any time.
5. ESTIMATED DEMANDS
Population projections for the upcoming ten years are shown in the following section.
These figures were used as a basis for determining land and facilities demand and
for classifying land areas.
a. Population Projections
Projections for the three population components (peak and average seasonal, and '
permanent) are made for the year 2000. These projections are based upon a
continuation of the building rate experienced during the last five years -- an
average of 29 dwellings per year. The table below shows estimates for 1990 and
projections for the year 2000.
Table 10 '
Population Estimates and Projections
Topsail Beach, North Carolina '
Year Peak Seasonal Average Seasonal Permanent
1990* 7,885 5,914 320***
2000** 9,962 7,472 449 ,
Source:
*
McKim & Creed Engineers estimates
** McKim & Creed Engineers projections ,
*** 1990 Decennial Census
1
28
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1
1
1
1
1
1
1
1
The table below shows the method used to determine the figures for the year 2000.
Table 11
Calculation of Peak Seasonal, Average Seasonal,
and Permanent Population, Year 2000
Topsail Beach, North Carolina
Number of Persons Per Occupancy Total
Dwelling Type Dwellings Dwelling Rate % Persons
Permanent
Population 225 2.0 100 450
Peak Seasonal
Population 1,086 8.8 90 8,601
Motel Rooms 217 4_0 95 825
Totals 1,528 - -- 9,876
The average seasonal population is assumed to be 75 percent of peak seasonal
population.
The local objectives concerning growth are expressed in the Policy Statements section;
"Topsail Beach supports the development of residential, commercial and recreational uses
within the Town that are consistent with other relevant policies and local land use
regulations."
b. Future Land Need
Within the next ten years, 290 additional dwellings are expected to be
constructed. At present permitted density levels, this growth will require at least
34 acres of land. Approximately two acres of additional land will be needed for
non-residential purposes --commercial, public recreation (including beach access)
and for rights -of -way.
c. Community Facilities Demand
There are five community facility areas of concern needing to be addressed
during the next ten years:
(1) A central wastewater collection, treatment and disposal system
(2) Beach access facilities
29

(3) Beach erosion control
(4) Recreations facilities
(5) Water system
This consensus of concerns was obtained from Planning Board forums and from
questionnaire responses.
(1) Central wastewater collection, treatment and disposal system.
With exception of two private package treatment systems (Queens Grant and
Serenity Point) the Town's residences and businesses utilize individual septic
tanks with nitrification fields.
The Pender County Department of Environmental Health indicates there are
occasional problems encountered with granting permits for septic tanks in the
Town.. These problems are mostly associated with lots created with fill
material (the canal lot area) and properties with small areas or unusual
configurations.
The construction of a central wastewater treatment facility was an issue in the
1986 Plan -- "Topsail Beach has no active proposal at this time but does wish
to consider central sewage collection and treatment if an economically viable
system can be constructed".
Since the adoption of the 1986 Plan, interest in construction of a central
facility has developed into a major issue. Environmental concerns are being
voiced by both residents and the general public. Additionally, obtaining septic
tank permits on some remaining undeveloped property is difficult. Topsail's
neighbor, Surf City, completed a central collection and treatment facility in
1989.
Opponents to the central facility object to the cost for individuals. And, some
citizens fear that such a system would induce growth to an unacceptable
density. In 1988, the Topsail Beach Town Board voted to study the feasibility
of construction and operation of a wastewater treatment facility. To that end
the Town retained the firm of Talbert, Cox and Associates. In May, 1989 that
firm submitted a Study and Report for a Wastewater Collection. Treatment.
and Disposal System. The following information is extracted from the Study
and Report.
(a) The sizing of the system components were based upon recent water
consumption records extrapolated to the ultimate build out of the Town at
the current density as summarized in the current (1986) land use plan.
It was determined that the design capacity of the treatment plant should
30

1
be 650,000 gallons per day in order to handle the seasonal average daily
flow for total build out expected to occur in about 20 years.
'
b The Stud examined two types of collections stems: conventional
() Y YP y
1
gravity system and a pressure sewer system. Estimated costs are:
Conventional $3,588,990
Pressure - $ 6,128,195
I located (c) The Study observed that the treatment plant should be o ated on the
mainland leaving the remaining land on the island available for residential
development. To reach the mainland the collected wastewater must be
piped across the waterway. Two crossing points were examined and -
estimates of costs prepared.
Subaqueous crossing at Topsail Beach - $2,322,000
Subaqueous crossing at Surf City - $1,200,000
(d) The Study evaluated three types of wastewater treatment systems:
- conventional activated sludge package treatment plant
- sequencing batch reactor (SBR) treatment process
- aerated lagoon
The first two types, the package plan and the SBR were evaluated for
cost-effectiveness if constructed on the island as well as on the mainland.
The cost of the aerated lagoon system was only determined for a
mainland site. The cost estimates made by the Study are as follows:
'
Package Treatment Plant on Island $ 2,038,000
Package Treatment Plant on Mainland 1,755,500
Sequencing Batch Reactor (SBR) on Island 1,482,000
Sequencing Batch Reactor (SBR) on Mainland 1,199,500
Aerated Lagoon on Mainland 607,000
'
Sludge Handling Costs for Package Plant and SBR 475,000
(e) Several types of disposal alternatives were examined:
Surface Water Disposal. Because of environmental concerns this is
not a viable option. I .
Ocean Outfall. The
coupled with a very
option infeasible.
small probability of governmental approval
large capital cost for construction make this
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Deep Well Injection. Regulatory and political climates make this an
infeasible option to pursue.
Land Application Systems. Considering the legal and political
restrictions of the three alternatives listed above, land application of
wastewater effluent is the only viable alternative. The land application
systems considered include rotary distributors and spray irrigation.
• Rotary distributors require tertiary treatment of wastewater prior
to disposal. The effluent is distributed onto the soil immediately
beneath the rotor arms. Additionally the disposal site must be
composed of permeable soils and favorable groundwater tables.
• Spray irrigation requires only secondary treatment of wastewater
prior to disposal. The wastewater can be applied to crops or
other vegetation (including forest land) or by other surface
techniques. Particular site requirements must be met for
acceptable spray irrigation fields including topography, soil types,
depth and drainage, and depth to groundwater.
The Study estimated the costs for three disposal alternatives:
• Rotary Distributor Disposal on Island $ 5,482,000
Rotary Distributor Disposal on Mainland 965,000
• Spray Irrigation Disposal on Mainland $ 4,037,500
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In the Evaluation of Alternatives section of the Study the following_ '
findings were made:
Collection system: Conventional gravity is the most cost effective. I
Transmission main location: To pass through Surf City was more
cost effective than crossing the marsh at Topsail Beach.
Treatment and disposal: The SBR Plant with rotary distributors, both ,
on the mainland, had the lowest estimated cost as follows:
SBR - Mainland $ 1,199,500
Rotary Distributor - Mainland 965,000
Sludge Disposal 475,000
2,639,500
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The total capital cost estimate presented in the Study is:
Constr. Cost (Collection, Transmission & Treatment)
Land and Rights -of -Way
Technical
- Basic Engineering
- Resident Project Representative
Soil Investigation, Environmental, Testing
Legal and Administrative
Interest During Construction
Contingency .
Total Capital Cost Estimate
(f) Total Monthly User Charges and Assessments
$ 6,800,000
217,500
476,000
340,000
68,000
136,000
340,000
680,000
9,057,500
The Study assumed that the capital costs of the project will be paid for by
some combination of property assessments and sewer user charges.
Based upon the expense and revenue projection scenario presented in
the Study, the monthly sewer charge for a typical residential unit would
be about $28 per month with an initial assessment (based upon frontage)
of about $5,300.
(g) Conclusion
The following conclusion is quoted from the Study:
"Compared to the costs of sewer systems in other communities and
especially other beach communities, the costs of providing a sewer
system in Topsail Beach is high and could be considered not feasible.
Compared to inland communities, costs are somewhat higher due to high
water table increasing construction costs and seasonal usage limiting
revenue. Compared to other beach communities, the costs are high due
to the costs of transporting the wastewater to the mainland for disposal.
If the disposal costs could be minimized by a lower cost alternative either
not yet identified or not yet allowed by State regulations, it is possible to
get the costs down in line with other beach communities. One such
alternative would be the deep well injection alternative previously cited but
ruled out because this alternative is not currently allowed by N.C. State
Regulations. It is however used in other parts of the country."
(End of extract from the Talbert, Cox and Associates Study and Report)
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(2) Beach access facilities I
The responses to the questionnaire indicated a strong need for additional I
public beach access facilities with particular concerns for:
(a) access to the south end of the beach
(b) a rest room/bathhouse structure
(c) additional parking spaces
The Town will initiate the planning for additional facilities including both the
upgrading of existing access points as well as planning for land acquisition
and construction of new facilities.
The Town is currently exploring alternatives for establishment of an access
point or facility for the south end of the beach.
Currently there are 19 public beach access points, one improved public
access point on the sound side, and 15 unimproved sound side access
points.
(3) Beach erosion control
Among questionnaire respondents, this item was the second most frequently
noted concern.
The beach is the primary reason for the Town's existence. Therefore, beach '
maintenance is a primary concern among local citizens and officials. The
Town endeavors to take advantage of all state and federal programs and
applicable funds to supplement local funds for beach renourishment. '
(4) Recreational Facilities
Although this concern currently does not rank highly in importance among the
Town citizens, there appears to be sufficient interest in providing public
recreational facilities to warrant the planning for such facilities. Planning ,
should begin with the development of a recreational program for both
permanent residents and visitors. Once a program is drafted and accepted
by the Town Commissioners, a plan for physical facilities can be prepared. '
The facilities list may include tennis courts, skateboard ramps, community
center, bike/jogging routes and a regional access, facility at the sound end of
the beach. ,
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(5) Water System
r
In order to meet peak season demands for water supply, the Town plans to
construct its fourth well during the 1992-1993 fiscal year. This fourth well will
increase the water production capacity by approximately 110,000 gallons per
day and will also yield the benefit of decreasing the daily pumping time on the
other wells currently operating in the Town's system.
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SECTION B
POLICY STATEMENTS AND
IMPLEMENTATION STRATEGIES
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SECTION B
1 POLICY STATEMENTS AND IMPLEMENTATION STRATEGIES
The Topsail Beach Board of Commissioners has adopted the following policies to guide
land development within its jurisdiction over the next ten years. These policies are
intended to guide not only local government decisions but also state and federal agency
' decisions in accordance with subchapter 15A NCAC 7H of the state's coastal
management regulations (as revised through October 25,1989). These policies establish
a systematic basis by which proposed developments will be judged. If a proposed project
or development would violate the intent of these policies, action to prevent its construction
will be taken by the local, state and federal government agencies with jurisdiction.
STATEMENT OF RESERVATION
' The Town of Topsail Beach abides by and enforces all policies and regulations of the
State of North Carolina including those polices, regulations and rules promulgated through
the Coastal Area Management Act (CAMA).
' However, the Town is not in agreement with the CAMA policy of a total prohibition of
hardened erosion control structures along the ocean shoreline. The Town is actively
' pursuing, and will continue to pursue a Corps of Engineers project that involves both
beach renourishment and construction of a groin. The Town will actively seek to obtain
approval and implementation of this project through an amendment to CAMA regulations,
the granting of a variance, rule change, or by other means available to the Town.
1. RESOURCE PROTECTION
Topsail Beach will support and enforce through its CAMA permitting capacity the state
policies and permitted uses in the Areas of Environmental Concern (AECs). The
' state guidelines for AECs offer protection for Topsail Beach's fragile and significant
environmental resources through CAMA permitting procedures. In accordance with
those guidelines set forth in subchapter 7H of the North Carolina Administrative Code,
' Topsail Beach adopts the following policies concerning AECs within its jurisdiction.
a. Estuarine System. In recognition of the enormous economic, social and biological
values the estuarine system has for North Carolina, Topsail Beach will promote
conservation and management of the estuarine system as a whole, which
includes the individual AECs: coastal wetlands, estuarine waters, public trust
areas, and estuarine shorelines.
The components of the estuarine system are defined as follows:
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(1) Coastal Wetlands I
The Coastal Area Management Act defines a coastal wetland as any salt
marsh or other marsh subject to regular or occasional flooding by tides.
Coastal wetlands contain some, but not necessarily all, of the following plant
species.
- Smooth Cord Grass (Spartina altemiflora)
- Black Needlerush (Juncus roemerianus) ,
- Glasswort (Salicornia spp.)
- Salt Grass (Distichlis spicata)
- Sea Lavender (Limonium spp.)
- Bulrush (Scirpus spp.)
Saw Grass (Cladium iamaicense)
- Cat -tail (Tvpha spp.)
- Salt Meadow Grass (Spartina patens)
Salt Reed (or Giant Cord. Grass (Spartina cvnosuroides)
(2) Estuarine Waters ,
Estuarine waters are the most extensive component of the estuarine system; '
the state's sound and tidal rivers tie together the wetlands, estuarine
shorelines, and public trust areas. The Coastal Areas Management Act
defines estuarine waters as pall 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 waters '
and inland fishing waters".
(3) Public Trust Area (as applicable to Topsail Beach) '
Public trust AECs cover waters and submerged lands in the coastal region
where the public has rights of use and/or ownership, including rights of '
navigation and recreation. These areas support valuable commercial and
recreational fisheries and are important resources for economic development.
The following lands and waters are public trust areas: '
- all waters of the Atlantic Ocean and the lands thereunder from the mean
high water mark to the seaward limit of state jurisdiction; '
- all natural bodies of water subject to measurable lunar tides, and all lands
thereunder, to the mean high water mark;
all navigable natural bodies of water, and all lands thereunder, except ,
privately owned lakes to which the public has no right of access;
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These areas overlap with the estuarine waters AECs, but they also cover
inland fishing waters that are not in the estuarine waters AECs.
(4) Estuarine Shorelines
The CRC has designated as an AECs all shorelands within 75 feet landward
of the mean high water level, or normal water level, of the estuarine waters.
Estuarine shorelines, though typically dry land, are an important part of the
estuarine system because of their connection to the estuarine waters.
Improper development along the estuarine shoreline can pollute or destroy
adjacent waters and wetlands. Estuarine shorelines are also vulnerable to
erosion, flooding, and other natural hazards in the estuarine system.
The management objective for the system shall be to give highest priority to
the protection and coordinated management of all the elements as an
interrelated group of AECs, in order to safeguard and perpetuate the above
' stated values, and to minimize likelihood of significant loss of private property
and public resources.
' Policies
In general, permitted land uses in the coastal wetlands, estuarine waters, and
public trust areas shall be those which are water dependent. Examples of
such uses may include: utility easements, docks, wharfs, boat ramps,
dredging, bridges and bridge approaches, revetments, bulkheads, culverts,
' groins, navigational aids, mooring pilings, navigational channels, simple
access channels, and drainage ditches.
' Land uses that are not water dependent shall not be permitted in coastal
wetlands and public trust areas. Examples of uses that are not water
dependent may include: restaurants, residences, apartments, motels, hotels,
trailer parks, private roads, factories, signs and structures, parking lots, and
advertising signs and structures.
Specific policies regarding acceptable and unacceptable uses within the
individual AECs of the estuarine system are stated below. In all cases the
particular location, use, and design characteristics shall be in accord with the
general use standards for coastal wetlands, estuarine waters, and public trust
areas as stated in 15A NCAC 7H.
Coastal Wetlands: Acceptable land uses may include utility easements,
fishing piers, and docks. Unacceptable uses may include, but would not be
limited to, restaurants, businesses, residences, apartments, motels, hotels,
' floating homes, parking lots, private roads, highways, and signs.
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'
Estuarine Waters: Appropriate uses may include simple access channels,
structures which prevent erosion, navigational channels, boat docks, marinas,
piers, and mooring pilings.
'
Public Trust Areas: In the absence of overriding public benefit, any use which
significantly interferes with the public right of navigation or other public trust
'
rights which apply in the area shall not be allowed. Projects which would
directly or indirectly block or impair existing navigational channels, increase
shoreline erosion, deposit spoils below mean high tide, cause adverse water
'
circulation patterns, violate water quality standards, or cause degradation of
shellfish water shall, in general, not be allowed.
'
Uses that may be allowed in public trust areas shall not be detrimental to the
public trust rights and the biological and physical functions of the estuary.
Examples of such uses include the development of navigational channels or
'
drainage ditches, the use of bulkheads and groins to prevent erosion, the
building of piers, docks or marinas.
'
Estuarine Shoreline: Suitable land uses within the estuarine shoreline AECs
are those compatible with both the dynamic nature of estuarine shorelines
and the values of the estuarine system.
'
Residential, recreational, and commercial land uses are all appropriate types
of uses along the estuarine shoreline provided that all standards of 15A
,
NCAC 7H relevant to estuarine shoreline AECs are met.
b. Ocean Hazard Areas. In recognition of the critical nature of Ocean Hazard Areas
'
due to their special vulnerability to erosion and dynamic processes and their
possible danger to life and property because of natural forces, Topsail Beach
supports the state rules for Ocean Hazard Areas in Subchapters 7H and 7M of
,
15A NCAC. The Ocean Hazard Areas designation for Topsail Beach includes the
AECs of Ocean Erodible Areas, High Hazard Flood Areas, and Inlet Hazard
Areas.
,
Suitable land uses in Ocean Hazard Areas generally are those which eliminate
unreasonable danger to life and property and which achieve a balance between
the financial, safety, and social factors involved in hazard area development.
Ocean shoreline erosion control activities and dune establishment/stabilization are
acceptable types of land uses. Residential, commercial and recreational land
uses and parking lots for beach access are also acceptable types of use in ocean
hazard areas provided that: '
(1) The setback measurements established by Subchapter 7H are met.
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(2)
Mobile homes are not located within high hazard flood areas.
(3)
Development does not involve the significant removal or relocation of frontal
dune sand or vegetation thereon.
'
(4)
Development is consistent with minimum lot size, setback requirements, or
other relevant requirements established by local regulations.
'
(5)
Development utilizes means and methods to mitigate or minimize adverse
impacts of the project as required by 15A NCAC 7H.
'
(6)
Development of growth -inducing public facilities such as sewers, water lines,
roads, bridges, and erosion control measures occurs only in cases where:
1
- national, state, or local interest, and public benefits are overriding factors,
' - facilities would not exacerbate existing hazards or damage natural buffers,
- facilities would be reasonably safe from flood and erosion control related
damage, and
facilities do not promote uncontrolled growth and development in ocean
' hazard areas.
(7) Development will not create undue interference with legal' rights to public
' access and use of such areas.
c. Constraints to Development. Two specific areas that constitute physical
constraints to development have been identified by Topsail Beach: Soils/Septic
Tank Suitability, and Flood Prone Areas. The following policies are adopted to
properly recognize these constraints.
Policies
' (1) Soils and Septic Tank Suitability
' It is Town policy to require that all single and two-family dwellings and non-
residential structures be connected to properly installed and functioning septic
tanks that are placed in suitable soil.
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(2) Flood Prone Areas
The development of residential and commercial uses will be allowed in flood
prone areas if they meet the Town's Flood Plain Management Regulations
and other applicable state and federal regulations.
Policy Implementation
Pender County enforces standards to ensure that all single and two-family
dwellings, and non-residential structures constructed have properly installed and
functioning septic tanks. Special use permits for multi -family dwellings will be
issued only if the sewage disposal systems meet the requirements of the Town
of Topsail Beach, Pender County, the State of North Carolina, and the United
States.
The above policies are implemented through enforcement of the Town's Zoning
Ordinance and Flood Plain Management Regulations. Additionally, the Town of
Topsail Beach will request appropriate state and federal agencies to monitor and
evaluate water quality conditions surrounding the Town and the effect of
development in the Town on water quality.
d. Development Issues Related to Areas of Environmental Concern and Land Use
and Development Densities in Proximity to ORWs. Currently all local resource
development issues relative to areas of environment concern are addressed in
other policies. The Town's planning jurisdiction does not abut a body of water
designated ORW. However, since the Town is in close proximity to water so
designated, it supports state regulations accompanying this designation, and will
encourage any development within the Town that may affect the ORW area to be
consistent with state regulations.
e. Hazardous or Fragile Land Areas
(1) Maritime Forests
Maritime forests in Topsail Beach are recognized as both an important
resource and as an important component of the barrier island eco-system
providing wildlife habitat and serving to stabilize soil and sand.
Policy
It shall be the policy of the Town to encourage the maintenance of existing
maritime forests. Development designed to cause the least practicable
disruption to the maritime forest cover shall be permitted if done in
accordance with provisions of applicable ordinances. All uses currently
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permitted under the Town Zoning Ordinance will be allowed in areas with
maritime forests but only if consistent with the above policy of causing least
' practicable disruption.
Policy Implementation
The Town is resent) considering an ordinance that will specifically regulate
presently g P Y 9
development within maritime forests.
' Outstanding Resource Water ORW
(2) Outsta g ( )
The Topsail Sound/Middle Sound ORW lies southwest of New Topsail Inlet,
but does not adjoin the Town of Topsail Beach. However, the Town is
' committed to the protection of estuarine waters.
(3) Shell Fishing Waters.
' Banks Channel has a Tidal Saltwater Classification of SA (water suitable for
I
ommercial shell fishing and all other tidal saltwater uses). Habitats for
shellfish in all stages of their life cycle must be preserved as a viable
economic and recreational activity.
' Provided that all standards of 15A NCAC 7H relevant to estuarine shoreline
AECs are met, residential, recreational, and commercial land uses are
considered appropriate for land adjoining shell fishing waters.
' (4) Water Supply Protection.
' The Town's water system draws from a deep aquifer which is recharged on
the mainland. Therefore, little or no danger of pollution of the water supply
from island development exists. However, it is Town policy to protect its well
heads and, to the extent possible, rechange areas.
Policy Implementation
' The Town has in effect a permitting process that limits well depths
constructed by private interests.
(5) Cultural r I and Historical Resources.
' At least 13 buildings or structures have been identified as having local
historical significance. Eight of these were associated with a military
operation "Project Bumblebee" that was active locally during the period 1946-
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1948. Rockets using ramjet engines were assembled, launched and tested
for anti-aircraft purposes. Those structures include:
The Assembly Building (presently the Arsenal Center)
Shop Building
Garage
Garage, site of first Topsail Beach Post Office
Concrete Firing Building, Bunker and Launch pad (presently at the Jolly
Roger Motel)
Photography Tower (presently a dwelling)
Tower
Other buildings with historical significance include:
J. G. Anderson Office
Entrance Pillars that marked the entrance to the New Topsail Beach
resort
Godwin's General Store
J. G. Anderson House
Emma Anderson Memorial Chapel
The Town highly encourages the preservation of these structures, including
adaptive re -use when appropriate.
(6) Manmade Hazards.
The only manmade hazards known to exist within the Town are fuel storage
tanks. Should proposals for an additional potentially hazardous use be made,
the Town will consider each development on a case -by -case basis.
Land uses or activities having the potential of adversely affecting the health,
safety and welfare of Town inhabitants will not be permitted. Examples of
such uses or activities include: landfills, commercial incinerators, storage of
toxic or flammable materials (other than for small scale retailing of gasoline
sales, hardware store items, etc.).
f. Hurricane and Flood Evacuation Needs and Plans. Refer to Section 5 of the
Policy Statement.
g. Means of Protection of Potable Water Supply. It is the policy of the Town to
protect its potable (drinking) water supply. Pender County is the permitting
agency for septic tank systems. Any central wastewater treatment system is
regulated by the State of North Carolina. Groundwater quantity is protected by
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limiting well depths (by individuals) through a permitting process. Individual wells
are typically shallow and the water used for irrigation.
h. Package Treatment Plants. The following policy is hereby adopted:
9 g Y Y
Policy
Topsail Beach may permit the use of private wastewater collection and treatment
systems via a special use permit if associated development is consistent with the
Town's development plans and policies; the system meets state and federal
permitting, operational and maintenance requirements; the project will have no
adverse impacts beyond its boundaries; and, the developer can guarantee to the
Town that a system of perpetual monitoring and maintenance will be in place
'
upon project completion.
Policy Implementation
The above policy will be enforced through the Town's Zoning Ordinance, site plan
review, Subdivision Regulations and Building Code, and through the North
Carolina Division of Environmental Management.
i. Storm Water Runoff. Development, often well outside designated Areas of
Environmental Concern (AECs), can pose a serious threat to the health and
productivity of the estuarine system through the rapid discharge of pollutants
washed off impervious surfaces such as streets, roofs, and parking lots by rain.
Topsail Beach's existing residential density for developed land is fairly low, about
six units per acre. However, only about one half of all platted lots are developed,
and there is a substantial amount of unplatted land. As Topsail Beach continues
to develop, impacts from storm water runoff can be expected to increase. The
following policy is adopted in recognition of potential impacts from storm water
runoff.
1
Topsail Beach will implement various methods it considers appropriate to reduce
storm water runoff. Examples of methods which could be used in single family
construction to minimize runoff include using pervious or semi -pervious materials,
such as pebbles, "turf stone" or non-compactable stone for drive -ways and walks,
and retaining natural vegetation along marsh and waterfront areas to take
advantage of their natural filtering properties. Zoning and subdivision regulations
will also be used to implement these policies. Development must also respect all
regulations associated with the designation of "SA" that applies to Topsail Sound.
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Policy Implementation I
This policy will be implemented through review and approval under the Town's
Codes. The Town is considering strengthening storm water management
regulations.
j. Marina Development. There are several types of impacts associated with the
development of marinas. Of chief concern are those impacts which alter or
disturb natural systems affecting resource production. Presently, the state, the
U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers
place extensive limitations on the altering of natural systems in conjunction with
marina development.
Policy
'
The Town will review any proposed marina development in light of the goals and
policies of its Land Use Plan and land development ordinances. Marinas,
including dry stack facilities are permitted, if allowed by local, state and federal
regulations.
Policy Implementation
This policy will be enforced through the Zoning Ordinance and Building Code in
conjunction with applicable state and federal regulations.
k. Floating Home Development. The Town discourages floating houses within its
jurisdiction.
Policy Implementation I
The Town has adopted a restrictive ordinance to regulate floating home
development within its jurisdiction. The ordinance establishes standards and
conditions by which such activities are permitted within certain zoning districts.
I. Industrial Impacts on Fragile Areas. Industrial development such as
manufacturing, is not a permitted use of land in Topsail Beach. I
m. Development of Sound and Estuarine Islands. These areas within the Town are
currently zoned "Conservation" under the terms of the Town's Zoning Ordinance.
Water dependent uses such as docks, water access, boat ramps, fishing piers
and agricultural uses are the only uses permitted on such islands.
n. Restriction of Development Within Areas Up To Five Feet Above Mean High
Water That Might Be Susceptible To Sea Level Rise and Wetland Loss. The '
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n ordinances recognizing the 100- ear
Town already has in effect policies and o d g g y
floodplain. It is Town policy to respect the concept of sea level rise as a possible
future threat to development. The Town has in effect policies and ordinances
based upon FEMA and flood insurance regulations recognizing the 100-year flood
plain, which exceeds expected sea level rise considerations.
Marina Development. The Town will allow u
o. Upland Excavation For Ma land p p
excavation for marina basins provided all applicable local, state and federal
regulations are met.
p. The Damaging of Existing Marshes by Bulkhead Installation. The Town opposes
the damaging of existing marshlands by bulkhead installation or any other
construction operation. Bulkhead installation is allowed only if permitted by local,
state or federal regulations.
2. RESOURCE PRODUCTION AND MANAGEMENT
Importance of Resources. Topsail Beach's natural resources play a vital role in the
Town's economy. Its beaches and surrounding waters are utilized for sunbathing,
swimming, fishing and boating. Protection of these resources is a prime concern of
Topsail Beach. To deal with issues that involve resource production and
management, Topsail Beach adopts the following policies:
a. Productive Agriculture Lands, Commercial Forest Lands, Existing and Potential
Mineral Production Areas. These resources do not exist within the Town.
b. Commercial and Recreational Fisheries. Protection of coastal and estuarine
waters is a prime prerequisite to the protection of area fisheries. Habitats for
shellfish and fin fish in all stages of their life cycle must be preserved in order to
maintain fishing as a viable economic and recreational activity. Topsail Beach
also recognizes that recreational fisheries are extremely important to its tourism
industry. Therefore, any development which will profoundly and adversely affect
coastal and estuarine waters will be discouraged by applicable regulations. In the
design, construction and operation of water dependent developments, efforts must
be made to mitigate negative effects on water quality and fish habitat. These
efforts will be at the development owner's or operator's expense. Trawling in
estuarine waters within the Town's jurisdiction shall be allowed, if such activity is
consistent with North Carolina Division of Marine Fisheries regulations.
c. Off Road Vehicles. No vehicular traffic will be allowed over the ocean front dunes
within the Town limits at any time; and, no vehicular traffic will be allowed on the
beach between the dates established annually by the Town Board from the
northern Town limits to the end of Topsail Inlet. Vehicles may be operated at
other times on certain parts of the beach below mean high water after registration
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and issuance of a permit from the Town. The maximum speed limit is ten miles
per hour. This policy is implemented through Chapter 10 of the Town Code.
Currently, most of the beach is closed at all times. Vehicles with permits are
allowed on the beach, between the dates of November 15 and March 31. North
of Drum Avenue no vehicles are allowed at any time. Dates are subject to
change, based upon the turtle nesting season. Vehicular access is allowed at
only one point, Drum Avenue.
d. Residential, Commercial and Industrial Land Development Impacts on any
Resources. Development within theTown is limited to residential and certain
commercial uses. Commercial development is typically small-scale retailing and
services for the local and tourist market areas. All proposed developments within
the Town are reviewed with an objective of minimizing or eliminating any negative
impact upon the Town's natural resources. This policy is implemented through
the zoning and subdivision ordinances, applicable CAMA regulations and other '
local and state regulations.
e. Impact of Peat and Phosphate Mining. Not applicable to Topsail Beach.
3. ECONOMIC AND COMMUNITY DEVELOPMENT
a. Community Attitude Toward Growth. I
General Land Use Policy. Topsail Beach supports the development of residential,
commercial and recreational uses within the Town that are consistent with other
relevant policies and local land use regulations. The land use controls of Topsail
Beach are and will continue to be written and enforced to ensure that proper and
adequate measures are incorporated into the design, construction and operation
of such developments. This is done so that any substantial negative impacts to
neighboring land uses and the environment are minimized.
,
It is the policy of the Town to permit those land uses which enhance the Town as
a family -oriented tourist community for living and recreation. Examples of land
uses consistent with this policy include single and multi -family residential uses,
tourist -oriented businesses, and supporting services or commercial uses.
The capacity of existing public facilities will be adequate to serve development
projected to occur within the next five years. Beyond five years, the present
water system is predicted to be inadequate -- additional water source(s) will be
required to meet user demand and to provide proper fire protection. The
installation of a wastewater collection, treatment and disposal system would most
likely increase the rate of development (refer to Subsection A.5.c. of this plan for
a detailed discussion of the proposed wastewater system).
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b. Densityand Scale of Development. Densities for new development shall be
P
consistent with the density of existing land uses as enforced through the Town's
Zoning Ordinance. Building scales shall be consistent with existing construction
in Topsail Beach, which is characterized by "low-rise" one, two and three story
structures. The maximum building height allowed is 36 feet.
c. Industrial Development is not considered an appropriate use for Topsail Beach
and is not permitted under the terms of the Town's Zoning Ordinance.
d. Provision of Services to Development. It is Town policy to provide all
development (residential and non-residential) with water, solid waste collection
and disposal, rescue squad, police and fire protection, and administrative
services.
ie. Desired Urban Growth Patterns. Topsail Beach is a contained community at the
southern end of Topsail Island. Therefore, all growth within the Town occurs in
a relatively compact manner. The Town will continue to control specific
development locations through enforcement of resource protection policies and
the Town Zoning Ordinance. The zoning map and land classification map
graphically display these policies.
It is the policy of the Town to control specific development locations as indicated
via the policies of this document. Enforcement of desired growth patterns will be
governed by the Town Zoning Ordinance.
New development is encouraged for portions of the island less threatened by
erosion and potential storm damage.
f. Redevelopment of Developed Areas. It is a policy of the Town to allow
redevelopment of developed areas, including relocation of endangered structures
as long as other Town policies and ordinances are met.
9
. Commitment to State and Federal Programs. It is a policy of the Town to support
state and federal programs such as erosion control, public access, highway
improvements, dredging, etc., provided the Town finds these programs to be
appropriate and consistent with Town policies.
h. Assistance to Channel Maintenance and Beach Nourishment Projects. The Town
supports beach nourishment and channel maintenance projects. The use of
appropriate dredged materials for beach nourishment is encouraged. The Town's
' current policy is to use its accommodations tax receipts for erosion control
projects.
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i. Erosion Control. The following conditions and policies are hereby incorporated,
into the Land Use Plan:
(1) While the causes of erosion the ocean's wind and waves - cannot be
stopped, the effects of these processes can be mitigated or corrected.
(2) The most effective corrective measures and mitigation methods are those
which are ecologically sound, and economically feasible.
(3) The best method of correcting erosion damage (consistent with the policy
stated immediately above) is through renourishment of the berm and dune
system.
(4) The best methods of mitigating and preventing damage from erosion are land
use controls and dune protection and maintenance.
(5) The beach is a resource of statewide significance and the value of a healthy
productive dune system extends to users throughout the region and state.
(6) Because of the uncertain and conflicting policies at the state and federal
levels for assistance to local governments in protecting the dune and berm
system, every effort must be made at the local level to generate funds for
corrective and mitigating measures.
7 ()The average annual long term erosion rate in Topsail Beach is less than two
feet per year.
j. Energy Facility Siting. Energy facility (such as an electric generating plant) siting
is not an appropriate use of land in Topsail Beach.
k. Tourism. It is the policy of the Town to promote family -oriented tourism.
I. Coastal and Estuarine Water Access. Topsail Beach considers beach access as
a major priority. It is Town policy to: 1) provide reasonable means and
opportunities for all members of the public to have access to the beach and other
public trust lands and waters at designated access points, provided such means
do not conflict with the rights of residents to the use and enjoyment of their
property; 2) to encourage the use of non -auto oriented transportation methods
such as bicycling and walking on the Town's beach and waterfront areas; 3) to
prohibit all traffic on dunes and berms except at designated access points and
upon ramps or walkover structures; 4) to consider future beach and water access
improvements based on the availability of land and funds for such projects, and
a demonstrated need for further improvements. Each access project will be
considered on a case -by -case basis.
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m. Anticipated Residential Development -- Types, Densities, Locations and
Supporting Services. It is Town policy to support single family dwellings as the
predominate development type. The anticipated residential development consists
of primarily single family residences "infilling" on scattered individual lots
throughout Town and in small subdivisions (5-10 acres). Several additional multi-
family units may be constructed in projects already begun (such as Queens
Grant). These additional units have been approved by the Town and may be
constructed when the developer or the Town provides adequate wastewater
treatment capacity to serve the units. The maximum density for single family
residences is 8.7 residences per acre; the maximum density for multifamily
developments is 12 dwellings per acre. An increase in the Town's potable water
supply will be necessary during the next five years in order to maintain adequate
reserves during periods of peak demand. No major increases in municipal
services will be required to serve these new residences. Landfill services are
provided out of Town, by Pender County.
4. CONTINUING PUBLIC PARTICIPATION
It is the policy of the Town to assure that all segments of the community have a full
and adequate opportunity to be informed and to participate in the planning decision -
making process. The Town will use public participation methods in order to:
• obtain knowledge of Town issues and problems
• develop alternatives for problem solving, policy formulation and implementation
strategies
• selection of alternatives
• establish monitoring program
a. Public Participation Plan. The Topsail Beach Planning Board prepared a Public
Participation Plan at the beginning of the land use plan updating process. The
Participation Plan adopted by the Planning Board on February 3, 1990, reflects:
- a newspaper article notifying the community of the initial public meeting and
the updating process.
- an initial public meeting (February 14, 1990) held in conjunction with a Town
Commission meeting.
- a list of Planning Board and Commission meetings at which the land use plan
would be discussed and an opportunity for public input would be provided.
a questionnaire mailed on February 19, 1990 to Town residents and to a
percentage of non-residents.
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a public hearing on the completed land use plan.
Refer also to Section E, Public Participation.
A copy of the adopted Public Participation Plan is included the appendix of this
plan.
b. Public Education on Planning Issues. The means by which the public is informed
of planning issues include the following:
- through questionnaires sent out as part of the updating process.
- through the Town's newsletter mailed periodically to homeowners.
- through Town Planning Board and Commission meetings.
through newspaper coverage of Town meetings.
through the Topsail Beach Improvement Association Newsletter.
c. Continuing Public Participation in Planning. Similar to the means listed for b.
above, continuing public participation in the planning process will involve the
following methods:
- public hearings on the adoption of the updated land use plan, zoning and
other ordinance revisions.
- public notices placed at the Town Hall and Post Office.
- Planning Board and Commission meetings.
d. Citizen Input in Developing Land Use Plan Policy Statements. The means used
to solicit public input into the policy statement formulation include the following:
- the initial public meeting for the updating process. The meeting was
announced through a newspaper article. 11
- the questionnaire mailed to all year-round residents and a percentage of
seasonal or second home residents.
- the Planning Board meeting dates for the updating process were announced
in the public participation plan.
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I - the questionnaires were collected, analyzed and used during the plan update.
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5. STORM HAZARD MITIGATION, POST -DISASTER RECOVERY AND EVACUATION
PLAN.
a. Susceptibility. The Town of Topsail Beach is susceptible to significant damage
by flooding, wave action and high winds associated with tropical storms and
hurricanes. Approximately 85 percent of the developed or developable land
within the Town is subject to a 100-year flood. Maximum wave crests are
calculated to have elevations of 16.5 feet (above mean sea level).
b. Related Documents.
(1) The Town is subject to the "Pender County Emergency Operations Plan for
Multi -Hazards" approved by the County Commissioners on September 26,
1988.
(2) The Emergency Operations Plan contains the "Pender County Emergency
Management Ordinance" which was ratified and adopted by the Town (along
with the County and the other municipalities in the County) on October 1,
1988.
(3) The "Pender County Hurricane Evacuation Plan" has been approved by the
Town in 1988, along with the County and other municipalities within the
County.
(4) "Flood Insurance Study, Town of Topsail Beach, North Carolina" dated
August 15, 1984, prepared by the Federal Emergency Management Agency.
The study includes Flood Insurance Rate Maps (FIRM) with a revision date
of February 15, 1985.
c. Hazards and Land Use Map. Map 3 shows flood hazard areas (100-year flood
plain "A" zones), flood hazard areas ("V" zones) and inlet hazard areas,
constituting the Ocean Hazard System Area of Environmental Concern. The
hazards data is shown on this map overlaying a depiction of existing land use.
d. Coastal Storm Hazard Mitigation Policies.
(1) Policies to mitigate effects of storm hazards (high winds, storm surge,
flooding, wave action and erosion).
The Town regulates development within hazard areas primarily through the
zoning ordinance, subdivision regulations, building code and the flood
damage prevention ordinance.
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Topsail Beach discourages high density and large structure development
within the corporate limits.
The Town enforces the North Carolina Building Code which includes
provisions for construction standards for resistance to the effects of coastal
winds and flood wasters. 0
The "Flood Damage Prevention Ordinance" adopted by the Town in October,
1987, along with the Flood Insurance Rate Maps (FIRM), are the primary
instruments for controlling construction in hazard areas.
(2) Policies to Discourage High Density and Large Structure Development in the
Most Hazardous Areas. It is the policy of the Town to discourage high density
and large structure development any where within the corporate limits. This
policy is enforced through the Town's Zoning Ordinance.
(3) Policies Regarding Acquisition of Land in Most Hazardous Areas. The Town
of Topsail Beach may consider the acquisition of parcels of land located in
hazardous areas for the purpose of shore front access or other appropriate
use. Acquisition may be by purchase or dedication by others.
4 Evacuation and Re-entry Policies. Topsail Beach has adopted a Hurricane
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Emergency Plan in conjunction with the Town of Surf City. The plan presents
a program for carrying out evacuation operations as part of a five phase
effort: Condition 3 - Hurricane Watch (approximately 48 hours to forecasted
land fall); Condition 2 - Hurricane Warning (approximately 24 hours to
forecasted landfall); Condition 1 - Evacuation Phase (12 hours or less to
expected landfall); Condition 0 - Landfall Imminent; and Reentry. The plan
describes how specific preparatory, shutdown, warning and evacuation
operations will be conducted by Town personnel during each phase of the
evacuation process.
At the southern end of the Town there are three north -south routes -- Carolina
Boulevard, Anderson Boulevard (N.C. Highway 50), Ocean Boulevard and
Bridgers Avenue. The number of north -south routes is reduced to two north
of Hines Avenue and to only one (Anderson Boulevard) from Barwick Avenue
to Surf City. Consequently, the successful evacuation of Topsail Beach is
dependent upon keeping Anderson Boulevard clear and open until all
evacuation operations are complete.
Therefore, the prime concern with the Topsail Beach Hurricane Emergency
Plan is that if localized flooding or heavy winds occur prior to the setting of
Condition 1, the only evacuation route from the Town could be impassable
before evacuation operations are completed or before they even commence.
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in keeping this 4.5 mile length of roadway
Because of the potential difficulties p g g y
open for evacuation operations, a two-phase evacuation order was
recommended for the Town's Hurricane Emergency Plan.
A Phase 1 Evacuation Alert is to be issued concurrently with the issuance of
the hurricane warning and the setting of Condition 2 (24 hours prior to
projected landfall). The Topsail Beach administrative staff should request that
the Pender County Emergency Services Coordinator open the designated
shelters at this time and Town residents and visitors should be urged to
evacuate at this time. A Phase 2 Evacuation Order (mandatory evacuation
with door to door warnings provided by the Topsail Beach Police and Fire
Departments) will be issued as Condition 1 is set, as is currently provided for
in the Town's Plan.
(5) Post Disaster Reconstruction Policies
The Town's Post Disaster Reconstruction Plan is organized in the following
sections:
Introduction
Organization of Local Damage Assessment Team
- Damage Assessment Procedures and Requirements
Organization of Recovery Operations
Recommended Reconstruction Policies
The following provides a summary of the Plan's most important provisions
and policies from each of these five sections:
Introduction. Defines plan purpose and use; identifies three distinct
reconstruction periods: Emergency, Restoration, and
Replacement/Reconstruction. The Plan outlines sequence of procedures to
be followed to meet state and federal disaster relief regulations: 1) Assess
storm damage and report to County; 2) County compiles and summarizes
individual community reports; 3) State compiles county data and makes
recommendation to the Governor; 4) Governor requests Presidential
declaration; 5) federal relief programs available.
Organization of Local Damage Assessment Team. Outlines personnel
available; establishes team members; designates building inspector as team
chief.
Damage Assessment Procedures and Requirements. The purpose of this
phase is to rapidly determine immediately following a storm disaster: 1)
number of structures damaged; 2) magnitude of damage by structure type;
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3) estimated total dollar loss; and 4) estimated total dollar loss covered by
insurance. To accomplish this, the Plan establishes four categories of
damage: 1) destroyed - (repairs > 80% of value); 2) major (repairs > 30% of
value); 3) minor (repairs 15% - #0% of value); and 4) habitable (repairs <
15% of value). A color coding system in conjunction with tax maps is
recommended for this phase of damage assessment.
Total damage in dollars is estimated by taking the County tax valuations times
a factor to make values current and then factoring these figures according to
the above damage classifications. Estimated insurance coverage is made by
utilizing information as to average coverage obtained from insurance agencies
on an annual basis.
Organization of Recovery Operations. The Mayor and Board of
Commissioners assign responsibilities to the Town administrative staff the
duties of a Recovery Task Force. The Task Force must accomplish the
following:
- Establish reentry procedures.
A
- Establish overall restoration schedule.
- Set restoration priorities.
- Determine requirements for outside assistance and request such
assistance.
- Keep appropriate county and state officials informed using Situation and
Damage Reports.
- Keep the public informed.
- Assemble and maintain records of actions taken and expenditures and
obligations incurred.
- Proclaim a local "state of emergency" if warranted.
- Commence cleanup, debris removal and utility restoration activities
undertaken by private utility companies.
- Undertake repair and restoration of essential public facilities and services
in accordance with priorities developed through situation evaluations.
- Assist individual property owners in obtaining information on the various
types of assistance that might be available from federal and state
agencies.
A schedule outlining tasks and general time frames is provided in the plan.
Recommended Reconstruction Policies. The policies outline activities for the T
Mayor, Commissioners and administrative staff to consider after a storm
occurs. It is not practical to determine at this time what specific responses
are appropriate. The following policy areas are discussed:
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- Re-entry. Not allowed until the Mayor or Town official in charge at the
command post determines it safe and initial damage assessment is
completed. A list of property owners will be maintained and kept at the
N.C. Route 50 entry to Town.
- Permitting. Permits to restore previously conforming structures outside
AECs are issued automatically. Structures suffering major damage are
allowed to rebuild to original state but must be in compliance with N.C.
Building Code, zoning and federal Flood Hazard Regulations. Structures
with minor damage are allowed to rebuild to original state before the
storm. Persons seeking permits are encouraged to consider alternative
ways of making structures less vulnerable to storm damage.
Utility and Facility Reconstruction. Water system components repaired
or replaced must be flood -proofed.
Temporary Development Moratorium. To be considered after major storm
damage for AECs if existing regulations appear inadequate to protect
structures from storm damage. During this moratorium, development
standards, regulations, or policies may be reviewed for adequacy.
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SECTION C
LAND CLASSIFICATION SYSTEM
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ISECTION C
LAND CLASSIFICATION SYSTEM
The land classification system provides a uniform way of looking at how the use of land
interacts with environmentally sensitive areas and with the development needs of a
particular locality. It is not a strict regulatory device in the sense of a zoning ordinance
or zoning map. It represents more of a tool to aid in understanding the relationships
between various land use categories and the natural and man-made environment.
1� Particular attention is focused on the intensity at which land is used and the level of
services needed to support that intensity. The regulations for the Coastal Area
Management Act state:
"The land classification system provides a framework to be used by local government
to identify the future use of all lands. The designation of land classes allows the local
government to illustrate their policy statements as to where and to what density they
want growth to occur, and where they want to conserve natural and cultural resources
by guiding growth".
Relationship of Policies and Land Classification
The land classification map is a graphic manifestation of the Town's policies. This
updating process included a re-examination of the land classification descriptions and
map after the policy statements were extensively reviewed.
The classification map was extended to show all of the incorporated area (to include the
CIVIL, Conservation - Marshlands designation). Titles of the two Developed classifications
were changed to:
- D Developed (Low Density Residential/Supporting Services)
This was previously entitled "Future Service"
- D/C Developed (Constrained Low Density Residential/Supporting Services)
This was previously entitled "Future Service/Constraint"
The types of land uses appropriate to each classification are specified by the Town's
zoning map and ordinance.
The land classification system in subsection 15A NCAC 7H of the Coastal Area
Management Act includes seven classes: developed, urban transition, limited transition,
community, rural, rural with services and conservation. Local governments may subdivide
these classes into more specific subclasses and some classes may not apply to each
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local government. Only two of the Coastal Resources Commission's seven land
classifications and five subclasses are relevant to the land development policies of
Topsail Beach. They are identified and described below.
1. DEVELOPED
The Developed class of land use provides for continued intensive development and
redevelopment of existing towns. Areas so designated are currently urban in
character where minimal undeveloped land remains and have in place or are
scheduled for the timely provision of the usual municipal or public services. Urban
in character includes mixed land uses at high to moderate densities. Services include
water, sewer, recreational facilities, streets and roads, police and fire protection.
Areas developed for predominately residential purposes meet the intent of this
classification if they exhibit (1) a density of three or more dwelling units per acre or
as a majority of lots of 15,000 square foot or less, which are provided or scheduled
to be provided with the traditional urban services.
Specifically for Topsail Beach, this plan creates two sub -classes of Developed land
designation:
Low Density Residential/Supporting Services
Constrained Low Density Residential/Supporting Services
a. Developed - Low Density Residential/Supporting Services
The purpose of this sub -classification is to recognize and continue the existing
type of development within Topsail Beach, i.e., a low density predominantly single
family community for permanent residents, seasonal residents and vacationers.
Supporting services consist of commercial enterprises within the Town, and
municipal services. The Town's commercial development consists mainly of the
provision of basic merchandise and services for residents and visitors. The
Town's governing body and staff provides all traditional urban services with the
exception of wastewater collection, treatment and disposal.
It is intended that the rate and densities of development within this classification
shall proceed at densities permitted under the Town Zoning Ordinance. It is the
intent of this classification to permit all types of development allowed under the
current zoning ordinance while implementing applicable policies of this Plan,
specifically, the Resource Protection and Community Development policies.
b. Developed - Constrained Low Density Residential/Supporting Services
The purpose of this subclass is to establish certain areas within the Developed
Low Density Residential/Supporting Services sub -classification that are subject

to constraints and thus should be developed with additionalcaution. These areas
are the Inlet Hazard Area, Ocean Hazard Area, and Flood Hazard Area. It is the
intent of this sub -classification to permit all types of development allowed under
the current zoning ordinance while implementing applicable policies of this Plan,
specifically, the Resource Protection policies covering Ocean -Hazard Areas.
2. CONSERVATION
The purpose of the Conservation class is to provide for the effective long-term
management and protection of significant, limited or irreplaceable areas.
Management is needed due to the natural, cultural, recreational, scenic or natural
productive values of both local and more than local concern.
Areas meeting the intent of this classification include: AECs, including but not limited
to public trust waters, estuarine waters, coastal wetlands, etc. Also included are other
similar lands, environmentally significant because of their natural role in the integrity
of the coastal region. Within Topsail Beach these include:
- coastal wetlands - These areas are the most restrictive of all AECs and very few
uses are permitted therein; the highest priority is for their preservation as they are
well documented in their contribution to the natural productivity of the coastal
area.
- ocean hazard AECs - These areas include V zones and ocean erodible areas and
are known for their vulnerability to storms. Some limited uses are permitted
within, even through subject to storm risks. Some development is permitted in
these areas if it is well managed and carefully sited to minimize risks to life and
property.
- estuarine shoreline AECs - These areas are located adjacent to estuarine waters
AECs and are known for their contribution to the natural productivity of the waters
close by. Many uses may be permitted as long as the 30 percent impervious rule
is met and development is well managed on individual sites to ensure minimal
degradation.
_ agency, other similar lands that are afforded some protection by another g y, such as
"404 wetlands" where use and performance standards of that agency will apply.
- other unique lands that may not be afforded protection by another agency, but are
known for their natural, scenic, historical, cultural or hazardous nature.
Urban services, public or private, should not be provided in these areas as a catalyst
to stimulate intense development. In most cases limited on -site services will
adequately support any limited development within this class and will also protect the
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very features which justify the area's inclusion in the conservation classification. It
should be understood that even though AECs standards occasionally permit urban
type development on a lot by lot basis within the various AECs and that services are
occasionally provided, this is the exception rather than the rule, and the primary intent
of the conservation class is to provide protection for the resources included therein.
Mapping of AECs in the conservation class on the local government's land
classification map should be accomplished with the understanding the AECs are
intensively defined by their characteristics in 15 NCAC 7H, and therefore mapping
only indicates approximate locations and are not definitive enough for site specific
regulation purposes.
Specifically for Topsail Beach, this plan creates three sub -classes for Conservation:
a. 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
policies: Commercial and Recreational Fisheries, Tourism, and BeachMaterfront
Access, and limited Off -Road Vehicles access. It covers the area below the
mean high water mark.
b. Conservation - Marshlands. This classification is established to include the
coastal wetlands, estuarine waters, estuarine shorelines and public trust areas.
It is included to implement the Estuarine System Policies and covers all the
marshlands areas, including the spoil islands.
c. Conservation - Maritime Forests. This classification is intended to include the
maritime forests. It is specifically intended to implement the Fragile Land Areas
policies but is not intended to restrict or limit any of the uses currently permitted
under the Town Zoning Ordinance but rather to insure that these uses are
consistent with the values represented by the maritime forests.
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SECTION D
INTERGOVERNMENTAL COORDINATION
AND IMPLEMENTATION
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ISECTION D
INTERGOVERNMENTAL COORDINATION
AND IMPLEMENTATION
w made with the Pender Count
During the preparation of this plan update, contact as Y
Planning Department and the Surf City Town administrative staff. This was done primarily
to secure background data and to discuss the interface of land classifications.
Realizing that many areas of mutual concern exist with the adjoining Town of Surf City,
a joint informal workshop was held on October 18, 1990 to discuss common problems
such as emergency evacuations, sanitary sewer service, mutual aid fire protection, and
water supply.
Efficient cooperative mechanisms already exist with Surf City regarding: solid waste
recycling, emergency evacuation procedures, and mutual aid policies for Towns' fire
departments.
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SECTION E
PUBLIC PARTICIPATION
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ISECTION E
PUBLIC PARTICIPATION
The preceding Section B, Policy Statements, contains a subsection, "Continuing Public
Participation." One of the instruments used to obtain citizens' input was the mailing of
200 questionnaires to residents and to a percentage of other property owners. The
number of responses are as follows:
Year-round residents - 22
Non-residents, seasonal or second -home owners - 55
Of the 200 questionnaires mailed out a total of 77 were completed and returned. These
were sorted into residency status and summarized.
Several generalized observations can be made from the three summaries.
* Year-round residents are more pro -development than other residents --for both
residential and commercial development.
* Future multi -family development is highly unfavorable to all groups.
* Additional restaurants, retailing and services are desired by most respondents.
* Most respondents think existing beach access is adequate, but estuarine access
isn't adequate.
* In response to problem areas the most frequently listed items include:
a need for a sanitary sewer system
- beach erosion
inlet maintenance
traffic
pollution
solid waste management
* Regarding residential density most respondents want the same density (or less)
in future developments.
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* When asked what additional services should the Town provide the most frequent
responses were:
sanitary sewer
beach access & parking on south end
bathhouse/rest room facilities
beach renourishment
tennis courts
* Under "other comments" frequently noted items include:
- keep family beach concept
- no condos, no high rise developments
- some properties need beautification
- complements were give to the Town's street and police departments and to
the rescue squad.
A summary of responses by residency status follows:
For Year-round Residents
- 22 responded
- 59% were employed, 41 % were retired
- 20 live in single-family dwellings, 1 in a condo, 1 in a duplex
- 55% own more than one property in Topsail
Average household size is 2.1 persons
Largest number of people occupying dwelling is 6 (median)
In the future, which of the following would you like to see more, less or the same.
Future Development
Single Family
62% want more
5% want less
33% want same
Multi -Family
6% want more
50% want less
44% want same
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Rental Duplex and Apartments
25% want more
19% want less
56% want same
Commercial
Hotel/Motel
31 % want more
25% want less
44% want same
Restaurants
71 % want more
5% want less.
24% want same
Retail & Services
65% want more
5% want less
30% want same
Recreation
65% want more
10% want less
25% want same
Listing of problem areas for the Town during the next five years, in order of seriousness:
I# Responses
Sewer System..........................................11
Beach Erosion, Renourishment ...............................
10
Inlet Dredging ............................................
6
WaterSupply............................................4
Pender County Commissioners ................................
2
Public Beach Access .......................................
2
Table above includes in I des problem areas listed two or more times.
Beach Access
77% think it's adequate
23% do not
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Estuarine/Waterway Access
50% think it's adequate
50% do not
Maximum allowable density (with regard to the 12 units per acre cap on development).
6% want more density
32% want less density
62% want the same density
What additional services should the Town provide?
# Responses
Sewer.................................................. 4
Off street parking .......................................... 4
Tenniscourts ............................................. 2
Public bathhouse/rest room facilities ............................ 5
Boat ramp on sound ........................................ 2
Recreation............................................... 2
List above includes services listed two or more times.
Other Comments
Varied responses such as:
- Keep family beach concept
- Attract more tourists
- Build new bridge
- Build groin
- Unsightly houses
- Unleashed dogs
- Maintain competitive salaries and benefits for Town employees
- Need planning and controls for future growth
- Need liquor by the drink
- Encourage new planned unit developments
- Encourage destination resort facilities
- Need sewer system
- Stabilization of shoreline to preserve inlet
- Convert from septic tanks to central sewerage system
- Promote activities that will provide year-round employment for persons who
are an integral part of the Town
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For Seasonal or Second Home Residents
43 responded
95% occupied single family dwelling
5% occupied duplexes
Average family size is 3.9 persons
Average maximum number of persons occupying house is 8.8
32% plan to move to Topsail Beach permanently
28% own other property at Topsail
In the future, which of the following would you like to see, more, less or the same?
Future Development
Single Family
54% want more
0% want less
46% want same
Multi -Family
0% want more
86% want less
14% want same
Rental Duplex and Apartments
10% want more
63% want less
27% want same
Commercial
Hotel/Motel
11 % want more
53% want less
36% want same
Restaurants
60% want more
15% want less
25% want same

Retail & Services
50% want more
18% want less
32% want same
Recreation
50% want more
16% want less
34% want same
Listing of problem areas for the Town during the next five years, in order of seriousness:
# Responses
Erosion...................................................23
Sewer....................................................17
Inlet Maintenance ............................................ 4
Water.....................................................3
Traffic.....................................................3
Parking....................................................3
Beach Access...............................................3
Pollution....................................................3
Family Beach Quality .......................................... 2
Table above includes problem areas listed two or more times.
Beach Access
88% think it's adequate
12% do not
Estuarine/Waterway Access
70% think it's adequate
30% do not
Maximum allowable density (with regard to the 12 units per acre cap on development).
0% want more density
64% want less density
36% want the same density
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What additional services should the Town provide?
# Responses
Sewer..................................................
9
Dune vegetation and protection
3
................................
Public beach access including parking ...........................
3
Beach renourishment.......................................
3
Lifeguards
1
...............................................
Long-range erosion control and implementation ....................
1
Demineralize drinking water ..................................
1
Public swimming area in sound ................................
1
Non-resident representation the Board ...........................
1
Boat launching site .........................................
1
No additional services needed
Other Comments
Varied responses such as:
Family beach character should be preserved (6)
Keep it like it is (2)
- No more condos
Complements to Street Department
-.
Do not develop like North Shore
- No N. Topsail
No more Serenity Points
Small friendly atmosphere
- Retain present recreational atmosphere
want town to become overdeveloped
=Don't
Build groin on experimental basis
- Accept progress and do it in an acceptable way
Public beach access must be maintained
Should have taken sewer when Town had chance
- High density development without sewer service will destroy the Sound and
Topsail Beach
- Stress property beautification (3)
- Not planning is a bad plan
- Improve what we have
- Need low interest loans for renovation
1
i
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For Non -Residents
12 responded
Average household size is four persons
Largest number of people occupying dwelling is eight
33% plan to move to Topsail Beach in the future
In the future, which of the following would you like to see more, less or the same.
Future Development
Single Family
33% want more
56% want less
11 % want same
Multi -Family
0% want more
100% want less
0% want same
Rental Duplex and Apartments
0% want more
87% want less
13% want same
Commercial
Hotel/Motel
12% want more
44% want less
44% want same
Restaurants
33% want more
22% want less
45% want same
Retail & Services
56% want more
22% want less
22% want same
M.

1
1
1
1
1
1
1
Cl
1
1
1
Recreation
45% want more
22% want less
33% want same
Listing of problem areas for the Town during the next five years, in order of seriousness:
# Responses
BeachErosion ............................................. 5
SolidWaste ............................................... 4
Sewer.................................................... 3
Overdevelopment ........................................... 3
Water.................................................... 3
Table above includes problem areas listed two or more times.
Beach Access
100% think it's adequate
Estuarine/Waterway Access
86% think it's adequate
14% do not
Maximum allowable density (with regard to the 12 units per acre cap on development).
0% want more density
60% want less density
40% want the same density
What additional services should the Town provide?
Tennis courts
Tax paid garbage pick up
Community Building
Mobile Library
Water safety patrols for canals and sound in peak summer weeks
Shoulders along streets to be used as walkways
None
70
1

OTHER COMMENTS
Varied responses such as:
Patrol and ticket litterers
Keep up good work by Rescue Squad and Police Department.
Offer more services for tax money - How is money spent?
Town needs to encourage establishment of closer medical treatment center.
Preserve Topsail Beach as a family -oriented town.
71

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1
TOPSAIL BEACH, NORTH CAROLINA
Public Participation Plan
CAMA Land Use Plan
1990 Update
1. Principal local board responsible for supervision of the project:
The Topsail Beach
Planning Board
2. Public inform ation/education schedule:
a.. Review and adoption of Participation Plan
January 10, 1990
b. Publish newspaper article
February 12, 1990
c. Initial Public Meeting
February 14, 1990
d. Mail Questionnaires
February 19, 1990
e. Commissioners Meeting
April 11, 1990
f. Planning Board Meeting
March 17, 1990
g. Commissioners Meeting
April 11, 1990
h. Planning Board Meeting
April 14, 1990
i. Commissioners Meeting
May 9, 1990
j. Planning Board Meeting
May 12, 1990
k. Commissioners Meeting
(Public Hearing on completed land use plan)
June 13, 1990
I. Planning Board Meeting
June 16, 1990
3. Notification of public input opportunities. Notice will be given
in local newspaper
(Wilmington Star -News) of public meetings and that an opportunity
for questions and
statements will be provided. A questionnaire will be mailed to residents and to a
sampling of absentee owners.
a-1

1
4. Initial Public Meeting. A public meeting will be held on February 14, 1990, after
advertisement in the local paper and notice posted at the Town Hall and other
prominent places in Town. At this meeting the existing policy statement contained
in the current land use plan will be discussed. The importance of the policy statement
to the CAMA land use planning process will be described as will the process by which
the town will solicit the views of a wide cross-section of citizens in the development
of updated policy statements.
5. Due to the character of Topsail Beach, certain economic, social, ethnic or cultural
elements are not typical of most localities. However, to the extent possible, persons
representing diverse viewpoints will be identified and specifically notified and asked
for their input.
6. This public participation plan, as adopted, will be included as part of the Topsail
Beach updated land use plan and will include a listing of meetings, questionnaires
and other materials used in the effort. An assessment of the effectiveness and
adequacy of the public participation element will be included in the plan document.
a
1
Ll
a-2 A

ADDENDUM TO PUBLIC PARTICIPATION PLAN
The following schedule represents the actual events related to the 1990 Plan updating
process that occurred during the period January, 1990, through
December, 1991.
The
Plan update
was discussed at the Commission and Planning Board meetings listed below.
a.
Review and adoption of Participation Plan
(Commission meeting)
January 10,
1990
b.
Planning Board Meeting
January 20,
1990
c.
Planning Board Meeting
February 3,
1990
d.
Publish newspaper article
February 12,
1990
e.
Initial public meeting (Commission meeting)
February 14,
1990
f.
Mail questionnaires
February 19,
1990
g.
Planning Board Meeting
(presentation of questionnaire responses)
March 24,
1990
h.
Commission Meeting
(presentation of questionnaire responses)
April 11,
1990
i.
Planning Board Meeting
April 21,
1990
j.
Planning Board Meeting
May 19,
1990
k.
Planning Board Meeting
June 23,
1990
I.
Commission Meeting
Presentation of Plan draft)
July 11,
1990
m.
Commission Meeting
July 17,
1990
n.
Planning Board Meeting
October 27,
1990
o.
Planning Board Meeting
November 8,
1990
p.
Commission Meeting
November 14,
1990
q.
Commissions Meeting
(presentation of revised draft)
December 12,
1990
a-3

r. Commission Meeting
January 9, 1991
s. Commission Meeting
February 13, 1991
t. Commission Meeting
March 13, 1991
u. Commission Meeting
April 10, 1991
v. Commission Meeting
June 10, 1991
w. Commission Meeting
July 10, 1991
x. Planning Board Meeting
July 18, 1991
y. Planning Board Meeting
August 1, 1991
z. Commission Meeting
September 11, 1991
aa. Commissions Workshop
October 2, 1991
ab. Planning Board Meeting
November 2, 1991
ac. Commission Meeting
November 11, 1991
ad. Public Hearing
December 11, 1991
a-4

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TOPSAIL BEACH, N.C.
LAND USE PLAN UPDATE
900 S
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LEGEND
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Residential Multi -Family
z
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A-L- OF Tor -SAIL SoUWU AQJIoNIrJil r+IE Tolr,l ,�Imo,
'1 J hEZ1CVNn►Tr-D i1 PRIMAR`t' fJURSrLR`( AREA" BY -r4E
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• Yo%,AII_ 500NJO IS GLAD -,,IFIEP 11,S All BY THE
P,l PIV1510N OF F-OVlk-OOMENTAL MA046jEMEI,1T
EXISTING LAND USE
The preparation of this map was financed in part through a grant provided by the North
Carolina Coastal Management program, through funds provided by the Coastal Zone
Management Act of 1972, as amended, which is administered by the Office of Ocean
and Coastal Resource Management, National Oceanic and Atmospheric Administration.
l0-4 -gl SCALE •vlAP
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TOPSAIL BEACH, N.C.
LAND USE PLAN UPDATE
00 S
P A R S 1 E 'r
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SCALE IN FEE1
I
J( )09 '�_e
LEGEND
OWATER DISTRIBUTION SYSTEM WELLS,
TREATMENT FACILITIES, STORAGE TANKS.
• FIRE HYDRANT
OTOWN HALL, POLICE DEPARTMENT
OFIRE DEPARTMENT
4O RESCUE SQUAD
�—� BEACH ACCESS POINT
ON NEIGHBORHOOD
Q LOCAL
p ESTAURINE ACCESS POINT (UNIMPROVED)
The preparation of this map was financed in part through a grant provided by the North
Carolina Coastal Management program, through funds provided by the Coastal Zone
Management Act of 1972, as amended, which is administered by the Office of Ocean
and Coastal Resource Management, National Oceanic and Atmospheric Administration.
COMMUNITY FACILITY
LOCATIONS
8--0 —91
,A. 7-18 - 90
M&c -.loi 89207
-SCALE 1\4AP
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900 N ----- — — ---
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REVISIONS
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_L 600 N 500 N 1
70 0 N --- --�T
1600 S 1500 S 1400 S
- --- P.E
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DESIGNED
DRAWN
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PRCJ ENGR
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BOOS 11 700 S _600 S
I
11-11
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1300 S
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ENGINFPS •PLANNERS StIRVEY0`f4
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GREENVIA NORTri CAROLWA
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WWI
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300
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TOPSAIL BEACH, N.C.
LAND USE PLAN UPDATE
900 S
100 S
0 200 t,n() ICtlr
CAI f- IN f f f 1
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LEGEND
• Residential,1 & 2 Family
Residential, Multi -Family
Commercial
Public
Flood Hazard Areas
100-YEAR FLOOD WITH VELOCITY
0 100• YEAR FLOOD
0 AREAS BETWEEN LIMITS OF 100-YEAR FLOOD &
500- YEAR FLOOD
SOURCE: FLOOD INSURANCE RATE MAP DATED 2-15- 85
The preparation of this map was financed in part through a grant provided by the North
Carolina Coastal Management program, through funds provided by the Coastal Zone
Management Act of 1972, as amended, which is administered by the Office of Ocean
and Coastal Resource Management, National Oceanic and Atmospheric Administration.
i
FLOOD HAZARD AREAS
SCALE '✓1 A P
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McKIM&C-REFD
I✓
ENGINFERS • PLANNERS • SURVEYORS
NILMINGTON, NORTH CAROLINA
GRLLNVILLL, NORTH CAROLINA
1?00 S
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TOPSAIL BEACH, N.. C
LAND USE PLAN UPDATE
1990
W
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DEVELOPED
0 200 600 1000
SCALE IN FEET
W
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D / C CONSTRAINED LOW DENSITY RESIDENTIAL/SUPPORTING
CONSERVATION
PUBLIC ACCESS
CMF MARITIME FOREST
CML MARSHLAND
VOTE:
REFER TO MAP 4—B FOR TOTAL INCORPORATED AREA
The preparation of this map was financed in part through a grant provided by the North
Carolina Coastal Management program, through funds provided by the Coastal Zone
Management Act of 1972, as amended, which is administered by the Office of Ocean
and Coastal Resource Management. National Oceanic and Atmospheric Administration.
Io-4 - 0I scAi . MAP
P'.T._7 =18 - 90 —
LAND CLASSIFICATION
nn, PR01_# 892 07 400' 1
(Isl,and Portion) -- --
i
i�

1
1
1
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CML
REV.NO DESCRIPTION DATE
REVISIONS
0 400 800 1200 2000
SCALE IN FEET
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PROJ. ENGR
McKM&CFXID
ENGINEERS • PLANNERS • SURVEYORS
WILMINGTON, NORTH CAROLINA
GREENVILLE, NORTH CAROLINA
TOPSAIL BEACH, N. C.
LAND USE PLAN UPDATE
1990
DEVELOPED
D LOW DENSITY RESIDENTIAL/SUPPORTING SERVICES
D / C CONSTRAINED LOW DENSITY RESIDENTIAL/SUPPORTING
SERVICES
CONSERVATION
PUBLIC ACCESS
CMF MARITIME FOREST
CML MARSHLAND
The preparation of this map was financed in part through a grant provided by the North
Carolina Coastal Management program, through funds provided by the Coastal Zone
Management Act of 1972, as amended, which is administered by the Office of Ocean
and Coastal Resource Management, National Oceanic and Atmospheric Administration.
LAND CLASSIFICATION
(Incorporated Area)
DATE: 7 -18 -90
M&C PROJ. a 89207
SCALE
1 = 800�
MAP
OF: