Town of Oak Island CAMA Land Use Plan Update

Transcription

1 2009 CAMA Land Use Plan Update Adopted by the Oak Island Town Council: April 13, 2010 Certified by the Coastal Resource Commission:

2 Town Council Mayor, Betty W. Wallace Former Mayor, John W. Vereen III John Ramsey Former Councilor Jeffrie D. Ensminger Dara F. Royal Mary B. Snead Bob Seidel Jim Medlin Steering Committee Reece Simmons Greg Schabarum Ronnie Pickler Tim Hinson Charles Erickson Michael Crowl Mark Gonzales Amanda Hall John Michaux Kelly Germaine J.C. Moss Jane Kulesza Wendy Hicks Carol Owens Art Skipper Randy Moffitt Willie Williams Town Staff Jerry Walters AICP, Town Manager Chad Hicks AICP, Assistant Town Manager Penny Tysinger, Community Development Director Financial Support The preparation of this document was financed, in part, through a grant provided by the North Carolina Coastal Management Program, through grant funds provided by the Coastal Zone Management Act (CZMA), administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration (NOAA). The Town of Oak Island also provided funding and staff support for the planning project. Page ii

3 Table of Contents I. Introduction to Plan 1 II. Community Aspirations and Concerns 3 Significant existing and emerging conditions 4 Key Planning Issues 4 Vision Statement 8 III. Analysis of Existing and Emerging Conditions 9 Population and Growth Trends 9 Housing and Neighborhood Trends 14 Local Economic Trends 17 Projections 18 IV. Natural Systems Analysis 21 Introduction 21 Mapping and analysis of natural features 21 The Estuarine and Ocean System AEC 23 The Ocean Hazard AEC 25 Natural and Cultural AEC s 26 Soils 27 Water Quality Classifications 27 Flood and Natural Hazard Areas 30 Storm Surge Areas 31 Non-coastal Wetlands 32 Wellhead Protection Areas 33 Primary Nursery Areas and Essential Fish Habitat 33 Fragile Environmental Areas 34 Natural Heritage Areas 35 Environmental Composite Map of Environmental Conditions 36 Environmental Conditions 38 Water Quality 38 Natural Hazards 43 Natural Resources 43 Page iii

4 V. Land Use and Development 45 Existing Land Use 45 Development Trends 47 Regional Growth and Development Issues 49 Projection of Future Land Needs 50 VI. Community Facilities and Town Services 52 Water Supply 52 Wastewater Collection and Treatment System 53 Transportation Systems 54 Stormwater Systems 58 Solid Waste Disposal and Recycling 58 Fire, Police and Emergency Services 60 Schools 62 Parks and Recreation 62 Public Utilities 64 Public Works Department 64 Planning and Community Development Department 64 Administration and Customer Service 65 Community Advisory Committees 65 Non-Governmental Organizations 65 VII. Land Suitability Analysis 67 VIII. Review of Current CAMA Land Use Plan 70 IX. Land Use and Development Goals 80 X. Policies 81 Public Access Policies 83 Marina and Dry Stack Storage Policies 84 Land Use Compatibility Policies 85 Infrastructure Carrying Capacity Policies 89 Energy Facilities 89 Wastewater Systems 90 Capital Improvement Plan 90 Page iv

5 Transportation Systems 91 Natural Hazards Policies 93 Water Quality Policies 95 Local Concerns Policies 98 Recreation 98 Beach, Inlet and Waterway Management 100 Future Land Use Map 103 XI. Relationship of Plan to Management Topics 107 Policy Impact Analysis Table 110 XII. Tools for Managing Development 108 Introduction 115 Town Council 115 Planning Board 116 Administration 116 Division of Coastal Management and other agencies 117 Existing Regulation of Land Development 117 Development Permitting Process 118 CAMA Permitting 119 Division of Water Quality Permitting 120 Additional Tools Recommended to Implement Land Use Policies 120 XIII. Action Plan and Schedule 124 Introduction 124 Appendix A GIS Mapping 127 Appendix B Citizen Participation Plan 128 Appendix C Survey 134 Oak Island CAMA Land Use Plan Survey Questionnaire 134 Appendix D Major Issues Identified at Public Meetings 145 References 151 Page v

6 List of Tables Table 1. Priorities of Community Concerns and Aspirations Table 2. Population Growth in Oak Island and Brunswick County Table 3. Population Growth in North Carolina Barrier Island Communities Table 4. Regional Population Growth Table 5. Educational Attainment for Persons 25 years and older (2000) Table 6. Population Projections Table 7. Seasonal Population Projections Table 8. Housing Unit Comparisons of Beach Communities Table 9. Median Year, Tenure, Rooms, and Value of Beach Units Table 10. Building Permits Table 11. Employment by Top Industries for Regional Counties Table 12. DWQ Water Quality Classifications Table 13. A Summary of Pertinent Water Quality Standards for Class SA Water Table 14. Major Receiving Water Bodies of the Town. Table d Listed Waters Table 16. Primary and Special Secondary Nursery Areas Table 17. Land Classes Table 18. Natural Features Inventory Table 19. Existing Land Use Table 20. Forecast of Residential Land Needs Table 21. Summary of Natural Resources Inventory Page vi

7 Financial Support The preparation of this document was financed, in part, through a grant provided by the North Carolina Coastal Management Program, through grant funds provided by the Coastal Zone Management Act (CZMA), administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration (NOAA). The Town of Oak Island also provided funding and staff support for the planning project. Page vii

8 Acknowledgements The creation of the Land Use Plan began in November, 2005 with a decision by the Town of Oak Island to update the Land Use Plan and to commit community resources and funding toward this project. Funding and technical assistance for the planning project was obtained from the N.C. Division of Coastal Management (DCM) and the Town of Oak Island, North Carolina. Additional technical assistance was provided by Earth Tech of North Carolina, Inc. in Raleigh and Lu Bivens, in St. James. Special acknowledgement and recognition go to the following individuals who assisted in the development of this report: Ms. Sara Fennel, Ms. Teresa Frazer, and Ms. Janice Duncan for their assistance in preparing the Land Use Plan Steering Committee minutes and staff support; Ms. Teresa Frazer for compiling survey results; Mr. Jerry Walters, Mr. Troy Davis and Mr. Fred Fulcher for their assistance with reviews, data collection, participation and coordination of Steering Committee and public meetings, and their knowledge of the overall operation of the Town of Oak Island; the members of the Land Use Plan Steering Committee who donated their time and expertise to the development of the Land Use Plan; Councilor Dara Royal who devoted time and expertise to participate in Steering Committee Meetings; and Mayor John W. Vereen III, Town Council members and the members of the public who participated in the Public Workshops, and land use survey. The Town also wishes to acknowledge the technical assistance provided by DCM District Planner Michael Christenbury. Page viii

9 Acronyms used in the CAMA Land Use Plan AEC Areas of Environmental Concern AIWW Atlantic Intracoastal Waterway ATV All Terrain Vehicle BOD Biological Oxygen Demand BPS Beach Preservation Society CAMA Coastal Area Management Act of 1974 CIP Capital Improvement Plan CRAC Coastal Resource Advisory Committee CRC Coastal Resource Commission CRS Community Rating System CWA Clean Water Act CZMA Coastal Zone Management Act of 1972 DENR Department of Environment and Natural Resources DOT Department of Transportation DWR Division of Water Resources DWQ Division of Water Quality EIS Environmental Impact Statement EFH Essential Fish Habitat EMS Emergency Medical Service EPA Environmental Protection Agency ETJ Extraterritorial Jurisdiction FAR Floor Area Ratio FEMA Federal Emergency Management Agency FHWA Federal Highways Administration GIS Geographic Information System GPM Gallons per minute HQW High Quality Waters ICWW Intracoastal Waterway LB Long Beach LPO Local Permit Officer LSA Land Suitability Analysis LUP Land Use Plan MGD Million gallons per day MHWL Mean High Water Line MLWL Mean Low Water Line N.C. North Carolina NCAC North Carolina Administrative Code NCCCREWS North Carolina Coastal Region Evaluation of Wetland Significance NFIP National Flood Insurance Program NOAA National Oceanic and Atmospheric Administration NPDES National Pollution Discharge Elimination System NS Not Supporting NSW Nutrient Sensitive Waters NSSP National Shellfish Sanitation Program ORW Outstanding Resource Water OSDS Onsite Sewage Disposal System Page ix

10 PL Public Law PS Partially Supporting PWWTP Package Wastewater Treatment Plant SR State Road SWAB Stormwater Advisory Board U.S. United States USACOE United States Army Corp of Engineers USDA NRCS United States Department of Agriculture Natural Resources and Conversation VPD Vehicles Per Day WRF Water Reclamation Facility WWTP Waste Water Treatment Plant YB Yaupon Beach Page x

11 I. Introduction to Plan I. Introduction to Plan The U.S. Congress passed the Coastal Zone Management Act (CZMA) in 1972 in recognition of the need for a federal policy that addresses the conservation of coastal lands, shorelines and beaches. The CZMA established a partnership between the federal government through the National Oceanic and Atmospheric Administration (NOAA) and coastal states to develop a program to ensure the wise use of coastal resources. States developed management programs for their coastal zones, and when approved, NOAA provided financial support to assist states in administering these programs. The N.C. Coastal Area Management Act (CAMA) of 1974 created the Coastal Resources Commission (CRC) that is responsible for implementing an integrated program of planning, permitting, education and research to protect, conserve and manage the state s coastal resources. The Division of Coastal Management (DCM) is staff to the CRC and implements the coastal program in the 20 coastal counties. The Division is part of the Department of Environment and Natural Resources, which is responsible for managing and protecting the state's environmental resources. The CRC establishes policies for the N.C. Coastal Management Program and adopts implementing rules for both CAMA and the N.C. Dredge and Fill Act. The Commission designates areas of environmental concern, adopts rules and policies for coastal development within those areas, and certifies local land use plans. The CRC adopted revisions in 2002 to the land use planning guidelines that are intended to improve the quality of the local land use plans by requiring land suitability analysis and creating management topics to guide the development of land use policies. The CRC certified the Oak Island Consolidated Land Use Plan in March Prior to the merger of the Towns of Yaupon Beach and Long Beach each municipality adopted CAMA Land Use Plans. The current Oak Island Plan consolidates the planning research and policy development of plans approved in 1998 for Yaupon Beach and in 1999 for Long Beach. Three additional elements were added: population projections for the Town of Oak Island, policy amendments, and a consolidated Land Classification Map. The Oak Island Land Use Plan (LUP) will be the town s second land use plan. The plan addresses a study area that includes the area from the inland waterway that was constructed in the 1920 s to connect the Elizabeth River and the Lockwood Folly River which made Oak Island an island. The barrier island includes two towns, Oak Island and Caswell Beach. Caswell Beach was not included in the study area. The study area is bounded on the east by the Elizabeth River, and includes both the mainland portions and all of the jurisdictional area of the Town south along the beach and follows a line intersecting the Lockwood Folly Inlet on the west to intersect with NC 211 to the north. The boundary includes the corridor area of N.C. 211 and intersects with the Elizabeth River on the eastern side of the study area. These Page 1

12 I. Introduction to Plan boundaries closely follow the study area boundaries for the Final Environmental Impact Statement (EIS) for the Second Bridge to Oak Island. Portions of Brunswick County are included within the study area. The Study Area boundaries are shown in Map 1 in Appendix A. This plan will assist town staff and elected officials in making land use decisions. North Carolina law requires advisory boards and the governing board to consult their comprehensive plan to determine consistency with the plan before adopting or rejecting any local ordinance changes to the Zoning Ordinance text or map. Should this plan need to be amended or updated, the Town will follow the procedures outlined in the NC Administrative Code title 15A, Chapter 7, Subchapter 7B, Section as amended. Any amendments to this plan will require certification from the Coastal Resources Commission (CRC). The Oak Island CAMA Land Use Plan was prepared in accordance with 15A NCAC 07B and 07L CAMA Planning Requirements. The planning effort involved analyzing data on the economy, population, land use, land suitability, and natural systems of Oak Island and other data available for the study area described in latter sections. The geographic information system (GIS) data from the Town, Brunswick County and DCM were also used to perform a land suitability analysis and to generate the maps, figures and environmental composite map that are contained in Appendix A. Page 2

13 II. Community Aspirations and Concerns II. Community Aspirations and Concerns This plan element addresses the key aspirations and concerns of the community. This element was compiled using a process that included a review of emerging issues and conditions, identified through interviews with Town staff, input by the Steering Committee, citizen involvement from two public workshops, a citizens survey and a review of data and information, GIS data and plans including the following documents: 1999 CAMA Consolidated Land Use Plan Update Town of Oak Island, N.C Thoroughfare Plan for Oak Island, N.C. N.C. Department of Transportation 2004 Oak Island Hazard Mitigation Plan Town of Oak Island, N.C. The Point Management Plan Town of Long Beach, N.C. Second Bridge to Oak Island Corridor Land Use & Development Plan, 1997 Final Environmental Impact Statement, Second Bridge to Oak Island FHWA and N.C.DOT The Cape Fear River Basinwide Water Quality Plan, 2000 The Lumber River Basinwide Water Quality Plan, 1999 The Town Zoning Code The Town Building Code (N.C. State Building Code) The Town Subdivision Code The Town Stormwater Ordinance Town Building Code permit data Town of Oak Island, 201 Facilities Plan Update 2006 Oak Island Capital Improvement Plan 2006 Town of Oak Island, Stormwater Management Program Report, 2003 An Inventory of the Significant Natural Areas of Brunswick County, North Carolina Input from the public (facilitated Town Meetings, June 1, 2006 and July 14, 2007) Town survey results Page 3

14 II. Community Aspirations and Concerns Significant existing and emerging conditions The result of the review of information, data and input from these documents and subsequent analysis was the identification of pertinent issue areas that would require additional study and investigation in Phase II of the planning project. The CRC guidelines establish categories of local land use and development policies that must be addressed in the plan, and the last category includes local issues of concern: Public access - Strategies for maximizing access to beaches and public trust areas Land use compatibility Use of land and development to minimize its primary and secondary impacts on resources Infrastructure carrying capacity Strategies to ensure that infrastructure is available to support planned development and protect AEC s and fragile areas Natural Hazard areas - Policies that reduce community vulnerability to natural hazards Water quality - Land use and development policies and strategies to protect and restore water quality that is non-supporting Local areas of concern - Policies and strategies to address local planning and development goals. Key Planning Issues The key local issues of concern were grouped as follows and were recognized to overlap to some degree with the management topics: Commercial Development Resource Protection Community Services Tourism Development Residential Development Transportation Storm Hazards Annexation Page 4

15 II. Community Aspirations and Concerns A Town Meeting was held on June 1, 2006 with approximately 95 citizens participating. The objective of this public meeting was to identify key concerns and emerging issues that the land use plan should address. Brief introductions and instructions to the participants were followed by break-out sessions facilitated by the Steering Committee and staff. The issues were first identified, and then the participants ranked the issues that were most important to them by placing stickers next to those issues. The results of the facilitated public meeting and the highest priority concerns are summarized below in order of priority. The entire list of issues can be found in Appendix B. Table 1. Priority Issues of Concern Commercial Development Resource Protection Shopping area should be walkable and attractive, and design and landscaping is needed for commercial areas Stop large scale big box development; need better zoning standards for commercial development Promote mixed use development with integrated open space and mix of housing types Create medical service area with pharmacy Need US Post Office Protect/ preserve trees, vegetation and wooded areas from development, prohibit clear cutting and protect natural resources and wildlife/habitat areas (at any cost) Protect water quality (ocean, fresh water, drinking water), open space and wetlands and improve stormwater management Protect sea turtle nests and turtle program and turtle awareness Improve stormwater management for better water quality and flood prevention/integrate with open space Maintain and protect waterways, marshes and inlets, ensure continued navigation through Davis Creek/Montgomery Slough Enforce and continue beach and dune protection and renourishment Develop oak tree planting program, Tree Bank, and sea oats at Greenhouse Page 5

16 II. Community Aspirations and Concerns Community Services Tourism Maintain & protect street-end beach access, provide signage, bathrooms, parking for all beach accesses Expand sidewalks, walking course/access along Intracoastal and boat ramp areas, wider bike paths, walkways over Davis Canal to the Beach and on Yacht Drive Need more parks, public spaces, campgrounds, boat ramps, and park amenities, children s activities, and ordinance/easements to ensure use in perpetuity (purchase Middleton Park) Planning Board needs specificity and exposure, more continuity to implement LUP, limit special interests in planning Need appearance/architectural standards (including lighting standards) reviewed by Architectural Review Board or Planning Board Planning Department City Planner is needed Beautification of Town, place utilities underground Improve enforcement of zoning, planning and all laws, increase police protection Need bigger teen center, senior center, more sports facilities, indoor tennis, indoor pool, skating rink, building for cultural events, outdoor concerts (band stand) and cultural venues Maintain clean public facilities, put in restrooms as sewer is available Need trash and junk pick up (Sunday), more trash containers for beach strand rental houses, trash containers need to be rolled back after pickup Do not create another Myrtle Beach Keep tourist facilities small scale, in keeping with the island s family atmosphere Encourage tourism provide signage and information for tourists and new residents (trash, stay off dunes, leash laws, safety) and improve education of tourists Raise room tax Page 6

17 II. Community Aspirations and Concerns Housing Transportation Natural Hazard Vision Maintain low density, single-family residential character Maintain small town character Limit condos/multi-family too many Height and density limits needed, 18 units per acre too high, Prohibit complete lot coverage, require green space around condo Oppose multi-unit development, high rise and Myrtle Beach Restrict high density development (height and units)/maintain low density and height limits Condos become tacky and an eyesore Detailed landscaping provisions are needed for condos, buffers between uses Concern that golf course may be converted to condos/houses Improve traffic controls, sidewalks (at Yacht, Holly, Dolphin Drive), Bike paths and crosswalks needed Support Second Bridge Need more walking and bike paths Gateways to Island need to be landscaped Keep Island safe for pedestrians, keep speed limits low One bridge access Progressive or sequential evacuation, traffic direction, 211/Long Beach Road Intersection Evacuation in emergency Emergency Plan Upgrade Stop building in high hazard area Low density, low rise construction Maintain small town/family atmosphere One house per lot, single family, no condos Create a pedestrian-friendly Island Government should reflect the vision of the citizens Want more parks/open space and beach access A CAMA Land Use Plan Survey was developed and mailed to town property owners. The survey questionnaire and the tabulated results of the returned survey forms are in Appendix B. The survey results were consistent with the results of the facilitated town meeting. Page 7

18 II. Community Aspirations and Concerns The characteristics most favored by respondents include the access to the beach, water and the family-oriented small town character. Conditions that respondents sought to change most include favoring a second bridge, less multi-family units, more growth controls and improving traffic. The respondents favored permanent single-family residential development, and do not favor the development of apartments, condominiums and mobile homes. The respondents rated beach access, water access and parking, garbage/trash service, recreation facilities, rescue/ems and police and fire protection as excellent/very good. Downtown parking, building inspections, street maintenance and lighting, water pricing, and water quality were rated as moderate under town services. The respondents ranked more trees/green space and parks/ removal of junk cars, buildings and trash, and revitalizing the commercial areas as the three top priorities in improving the Island s appearance and aesthetics. There were a total of 1,731 respondents of which 1,614 felt that the town should preserve trees and require new business to meet both design and landscape standards. Vision Statement A Town Meeting was conducted following a visioning session, and the results were used to help the Steering Committee draft the following Vision Statement: The Town of Oak Island will preserve, protect, and enhance the quality of the natural and cultural environment of the community. In order to achieve this goal, the Town will improve the quality of its waterways, natural environment, beaches, dunes, water access and residential areas. The Town will maintain a unique scale and character that fosters a sense of community to make the Town a desirable place to live, work and call home, and a family vacation destination. The Town will also develop efficient sidewalks, bikeways, and roadway systems to protect its attractiveness in the future. The Town will also expand its recreational opportunities for residents of all ages and abilities. The Town will balance social and commercial needs and objectives for economic vitality. Page 8

19 III Analysis of Existing and Emerging Conditions III. Analysis of Existing and Emerging Conditions The Town of Oak Island contains square miles or 12, 752 acres and covers area on the island as well as on the mainland. The island portion of the Town is 12.6 miles long and about one mile in width (containing 5,204 acres) while the mainland portion of the Town consists of 7,547 acres, and is the largest barrier island community in North Carolina. It is also the largest in terms of housing units. The Town boundaries extend into the mainland along both sides of NC 133 and Highway 211. The island contains predominately singlefamily residential development, with a mix of some commercial and tourist related development, and high quality natural resources that create a quality of life highly valued by both residents and visitors. The Town has developed as a predominantly residential community for families and retirees, as well as a vacation destination for seasonal visitors. The Town s beach is over 12.6 miles long, with 66 public beach accesses, two piers, Oak Island Pier (formally on Ocean Drive), and the Ocean Crest Pier (Beach Drive at 16 th Place), 2 marinas (South Harbour and Blue Water Point) and 6 public launch facilities (in addition to the marinas, 5400 East Yacht Drive, th Palace West, 39 th Place West, and 3003 Oak Island Drive East) providing extensive opportunities for access to the water. The mainland portion of the plan s study area contains the Town s municipal jurisdictional area and Extra Territorial Jurisdiction (ETJ), as well as areas of undeveloped land, residential and commercial development along N.C. 211 and N.C. 133 (See Map 1, Appendix A). This section of the report describes the community characteristics and demographic trends that were important when formulating land use policies in the Land Use Plan Update. Most of the data are derived from the 2000 Census, Oak Island records, and regional data sources, including Brunswick County. Population and Growth Trends The population of Oak Island includes several categories of residents, including residents, non-residents (absentee owners), part-time residents, property owners, seasonal visitors, day visitors, and business owners. Permanent population data follows, referring to persons who usually reside in the study area. The seasonal population includes persons who temporarily reside in the planning area, such as tourists and vacationers, but who normally reside in another location. The peak population would be the permanent population plus the seasonal population. The population data do not include the entire study area, but address the current municipal boundaries. The predominant growth-related conditions have been the rapid growth of both residential and commercial uses in Brunswick County and spillover growth from adjacent counties. Page 9

20 III Analysis of Existing and Emerging Conditions Rapid growth has affected land use, multi-family development, and water quality and other environmental concerns for the Town of Oak Island. The historic population growth for Oak Island is summarized in Table 2. Year Table 2. Population Growth in Oak Island and Brunswick County Long Beach Yaupon Beach Oak Island Percent Growth Oak Island Brunswick County Percent Growth Brunswick County Percent of County Population , ,413 35, % , , % 50, % 9 % , % 73, % 9% , % 99, % 8.3 % Data was derived from the US Census Bureau, N.C. Office of State Budget and Management, and the N.C. State Planning Office. The N.C. Office of State Budget and Management 2007 estimate for Oak Island s permanent population is 8,261 that represents a growth rate of 240 percent between 1980 and Oak Island has the second largest population of the 19 municipalities in Brunswick County. From 1990 to 2000 Oak Island grew at a rate of 30 percent, while Brunswick County grew by 42.5 percent. Most of this growth within the county has been occurring at the beaches and mainland areas adjacent to the Atlantic Intracoastal waterway (AIWW). Over the past two census decades, between 1980 and 2000, Oak Island grew by 172 percent, while Brunswick County grew at a rate of 104 percent. Brunswick County experienced a tremendous building boom in the early 2000s. Table 3. Population Growth in Brunswick County Barrier Island Communities Municipality 1990 Population 2000 Population 2007 Population % Growth % Growth Oak Island 4,580 6,571 8, % 25.7% Ocean Isle (15.6%) 15.2 % Holden Beach % 13.7 % Sunset Beach 311 1,849 3, % 67.1 % Caswell Beach % 24.5 % Bald Head Island % 36.4 % U.S. Census Bureau and the North Carolina Office of State Planning Compared with other barrier island communities in Brunswick County, Oak Island has a moderate growth rate, along with Holden Beach which grew at rate of 30 percent. The growth rates for barrier island communities in Brunswick County range from over 494 Page 10

21 III Analysis of Existing and Emerging Conditions percent in Sunset Beach to a low of negative 15 percent for Ocean Isle. Ocean Isle has lost permanent population during this period. Some of the factors that contributed to these declines were conversions of multi-family structures to duplexes and single-family homes, conversion of single-family homes to seasonal renters, and redevelopment of small singlefamily homes to larger homes used for seasonal purposes. The seasonal population for Oak Island is assessed in detail and described in the existing Long Beach Land Use Plan. This study identifies two seasonal populations: 1) property owners/summer residents; and 2) tourists who are overnight visitors renting accommodations. The peak seasonal population is the permanent residents plus rental/second home visitors. The estimates of the seasonal population in 2000 are approximately 27,598. The estimated permanent population of the study area was 4,580 residents in 1990 and 6,571 residents in 2000, an increase of 1,191 or 43.4 percent over the ten-year period. The estimated population for the mainland portion of the study area was projected in the DEIS for the Second Bridge to be 1,198 in 1990 and 2,353 in 2000, which is a net increase of 1,155 residents over the 10 year period. Most of this growth occurred on the mainland portion of the Town. The population growth of neighboring counties of Pender, New Hanover, and Horry County in South Carolina are examined below, Table 4. Regional Population Growth Year Brunswick New Hanover Pender Horry County County County County, SC , ,471 22, , , ,284 28, , , ,307 41, , (Certified) 99, ,922 50,430 NA % Growth 43.5% 33.3% 42.4% 36.5% % Growth 95.0% 57.9% 74.8% NA Data was derived from US Census Bureau and NC Office of State Planning Brunswick County growth outpaces the growth of adjacent coastal counties, with a growth rate of over 95 percent during the period of Pender County is a close second with a growth rate for the same period of 74.8 percent. Both New Hanover and Horry Counties are more urban and mostly built out, and have growth rates for the Census decade in the thirty percent range, as compared with Pender and Brunswick Counties. Demographic characteristics reported in the 2000 Census reveal that the Town residents are predominately white, and somewhat older and wealthier than residents of Brunswick County and North Carolina. Most of the minority population within the study area lives on the mainland. The majority of the permanent population of Oak Island is white; 98 percent Page 11

22 III Analysis of Existing and Emerging Conditions according to the 2000 Census. Hispanics were the next largest group with.07 percent of the population. About 68 percent of the households are families, with 18 percent of these households having children under the age of 18. Table 5. Racial Makeup (2000) Race White Black or African American American Indian and Alaska Native Hispanic or Latino (of any race) Oak Island 98.0% 0.4% 0.5% 0.7% U.S. Census Bureau and the North Carolina Office of State Planning The median age for Oak Island is 49.2, as compared with 35.3 for the state as a whole. In 2000, 85.7 percent of the town s population was over the age of 18 years, and 21 percent were over the age of 65 years. About 31 percent of the island residents are between the ages of thirty-five to fifty four years of age, comprising the largest segment of the population. Oak Island has a relatively large retirement population, about 27 percent of the population. Approximately 40 percent of its households are working families. Table 6. Age Distribution ( ) Age Group Increase Percent Under 5 years % % % % % ,221 1, % , % 65 and Over ,380 1, % TOTAL 1,844 3,816 6,571 4, % Residents of Oak Island are generally better educated than residents in Brunswick County as a whole. Approximately 87.3 percent of all adults in Oak Island are high school graduates, compared to about 79.8 percent in Brunswick County. Nearly 20 percent of residents have a bachelor s degree or additional advanced degrees compared to 16.1 percent in the County. Page 12

23 III Analysis of Existing and Emerging Conditions Table 7. Educational Attainment (2000) Area High School or Higher Bachelor s Degree or Higher Oak Island 87% 19% Brunswick 79% 16.1% County U.S. Census of Population and Housing Education Completed Oak Island Brunswick Persons % Total (2000) County Total Less than 9th grade % 3, % 9 12 no diploma % 8, % HS Graduate 1, % 17, % College No degree 1, % 11, % Associate degree % 3, % Bachelor s degree % 5, % Graduate or professional degree % 2, % Total 5, % 52, % U.S. Census of Population and Housing Oak Island s median household income was $48,775 which is substantially higher than Brunswick County s median household income of $37,577. Oak Island s median household income is lower than its Brunswick County municipal counterparts: St. James at $92,656; Ocean Isle at $65,625; Holden Beach at $59,583; Caswell Beach at $57,083; and Sunset Beach with $57,019. Table 7a. Median Household Income (2000) Oak Island St. James Sunset Ocean Isle Holden Caswell Beach Beach Beach $48,775 $92,656 57,019 65,625 59,583 57,083 U.S. Census of Population and Housing Page 13

24 III Analysis of Existing and Emerging Conditions Housing and Neighborhood Trends Oak Island is a predominantly single-family residential community. The 2000 Census identifies 6,662 housing units on Oak Island, the largest beach community in the State. Following Oak Island are the beach communities of Emerald Isle with 6,017 units, Atlantic Beach with 4,728 and Nags Head with 4,149 units. The smallest community located on a barrier island is Oak Island s neighbor, Caswell Beach with 571 units followed closely by Bald Head with 599 units. Approximately 83 percent of the units on Oak Island are single family one-unit structures, about 3 percent are 1 to 4 unit structures, 2 percent are 5 to 20 or more unit structures, and the remaining 12 percent are mobile homes. Of 6,651 housing units, 46.2 percent were occupied, and 53 percent were vacant. The majority of these vacant units (91 percent) were for seasonal use. Table 8. Housing Unit Comparisons of Beach Communities 2000 Oak Island Caswell Beach Sunset Beach Ocean Isle Holden Beach Brunswick County Total Units 6, ,983 2,507 2,062 51,431 Total Single Family (SF) Units 6, ,591 1,743 1,731 29,291 Percent of Total Housing Units that are SF 96.5 % 43.7 % 51.8 % 83.5 % 84.7 % 28,626 Multi Family Units Percent of Manufactured Homes of Total Units %.3 % 20.3% 11.5 % 0.0 % 35.8 % U.S. Census 2000 Population and Housing Page 14

25 III Analysis of Existing and Emerging Conditions Table 8a. Housing Unit Comparisons of Oak Island Oak Island Total Units ,662 Total Single Family (SF) Units ,431 Percent of Total Housing Units that are SF 92.4 % 96.5 % Multi Family Units Mobile Homes (counted as SF) Percent of Manufactured Homes of Total Units 12.0 % 11.5 % According to the 2000 Census, over 96 percent of the housing units on Oak Island are one unit detached houses. Approximately one third of the housing units on the Island were built between 1990 and The median number of rooms for owner occupied units is 5.3 rooms while renter occupied units are 4.9 rooms. Of the owner occupied units, 63 percent have three bedrooms, 9 percent have four bedrooms, and 1.2 percent have 5 or more bedrooms. Of the renter occupied units, 43 percent have three bedrooms, 9.7 percent have four bedrooms, and 2.2 percent have 5 bedrooms or more. Municipality Table 9. Median Year, Tenure, Rooms, and Value of Beach Units Median Year Unit Built Year owner occupied unit Number of Rooms in unit Median value of owner occupied housing Atlantic Beach $207,800 Bald Head Island $525,000 Carolina Beach $156,000 Caswell Beach $242,300 Oak Island $119,000 Sunset Beach $219,00 Municipal Average $244,666 U.S. Census 2000 Population and Housing The median value of owner occupied housing, according to the 2000 Census on Oak Island was $119,000, well below the other surveyed Brunswick County municipalities illustrated in Table 9. Page 15

26 III Analysis of Existing and Emerging Conditions Building Permits An analysis of Oak Island building permits indicates that between 2000 and 2007, 2,235 building permits were issued for construction of residential units. Single-family detached units comprised 71 percent of these permits, while the remaining 29 percent were permits for multi-family units consisting of two or more units per building. This data indicates a recent trend shifting toward a greater percentage of multi-family housing units. When compared with the 2000 Census, approximately 83 percent of residential units were singlefamily and 17 percent were multi-family, while during the subsequent period of 2000 to 2007, 29 percent were multi-family. This trend indicates a shift toward condominium and multi-family development over the past seven years. Table 10. Building Permits Oak Island ETJ Mainland Single-Family (SF) Total 1, Multi-Family Units Total Manufactured Units Oak Island Building Permit Data Page 16

27 III Analysis of Existing and Emerging Conditions Local Economic Trends The 1990 Census reported 2,051 employed persons on Oak Island in 1990 and 3,038 employed persons in Management and professional occupations employ nearly 30 percent of the residents. Sales, retail and office follow closely with 28.9 percent of the labor force. Construction employs nearly 18 percent. The mean commuting time for workers on Oak Island is 25 minutes, although detailed commuting data is not available, it can be inferred that at least 40 percent of the commuters work at off island locations, assuming that they cross the bridge and travel to areas beyond the Town. Poverty statistics from the 2000 Census indicate that 4.8 percent of families in Oak Island were living below the poverty level, comprising 8.0 percent of the total individuals. Private wage and salary workers comprise 73 percent of the work force, government workers makeup about 16 percent, and self-employed workers comprise about 11 percent of the work force. Comparisons of neighboring counties can provide a picture of employment trends and effects that are happening on a larger regional scale. The employment in the top eight industries of the neighboring counties of Pender, New Hanover, and Horry County in South Carolina are examined below. The counties that are in close proximity may be linked in many ways and growth of regional economies often spill over across county and state borders. It is instructive therefore to consider neighboring growth rates and economies. The table below indicates that Brunswick County and Horry County both have high percentages of employment in the retail, accommodation and food services, attributable to the tourism industry, with similar comparisons of arts, entertainment and real estate employment. Brunswick County shows the highest level of jobs in the construction sector of all counties reviewed which corresponds to the County s high growth. Page 17

28 III Analysis of Existing and Emerging Conditions Table 11. Employment by Top Industries for Regional Counties Industry Brunswick New Hanover Pender Horry, SC Accommodation Food Services 10.6% 12.3% 8.1% 23.5% Retail 15.1% 14.8% 11.8% 16.5% Educational Service 11.7% Health Care 7.9% 10.4% 2.9% 7.7% Construction 10.3% 7.5% 7.2% 8.4% Manufacturing 6.4% 6.8% 8.8% 4.4% Wholesale Trade 6.7% Professional /Technical 5.3% Admin/Waste 5.0% 3.0% 4.0 Public Administration 7.1% 4.8% Arts/Entertainment 5.2% 5.2% Real Estate 4.7% 4.3% Other 15.6% 19.9% 6.9% 19.6% Suppressed 17.0% 13.2% 32.9% 6.3% Data derived from the Southern Region Development Center, The "suppressed due to disclosure" keeps certain proprietary data from being disclosed. A review of historical employment growth by industry between 1998 and 2003 shows a decline in manufacturing in all four counties with increases in construction, health care, accommodation and food services, with the exception of Pender County, which lost jobs in the health care sector. Brunswick County statistics show an increasing percentage of employment in accommodations and food services indicating services provided in the tourism sector, with a corresponding percentage of employment in the arts and entertainment sector. The trend of new jobs added to the construction sector in high growth counties and in tourist related sectors is consistent with the high growth in the region. Future development of the proposed NC Terminal (port) near Southport, and increased tourism, retirement housing, and second home development are anticipated to continue to affect the region. Approximately 204 businesses located on Oak Island are primarily related to the tourism industry. These businesses produced approximately $1.6 million in state taxes and $2.4 million in local sales taxes in Oak Island produced about 13 percent or $31.6 million of the $243.5 million in hotel room occupancy taxes generated in Brunswick County in Projections The 2000 Census data provides information on the distribution between permanent and seasonal population, and the average number of persons per housing unit of To evaluate the rate at which the future population growth will occur a number of factors were considered. The average annual growth rate from the Office of State Planning for the period Page 18

29 III Analysis of Existing and Emerging Conditions of is estimated at 2.52 percent. The average annual growth rate for the decade of 2010 to 2020 is 1.89 percent, and for 2020 to 2030 the rate is estimated to be 1.47 percent. These estimates appear to be low when compared with historical rates of growth. The North Carolina State Data Center (NCSDC) provides population projections for all counties, but not municipalities. Table 12 provides the State Data Center projections for Brunswick County for twenty years, and Oak Island s percentage share of the population as of The projections assume that Oak Island s percent of the county s share of the population remains the same throughout the planning period. Table12. Population Projections Year Town Brunswick County ,571 73, ,231 92, , , , , , , , ,825 Source: North Carolina State Data Center The Oak Island 201 Facilities Plan Update considered all of the projections made by the State Planning Office, previous land use plans, historic rates of housing starts, and Oak Island Town data and found that the average of the different projection methods is very close to the projections used in the previous CAMA Land Use Plan. Table 13. Permanent and Seasonal Population Projections for Oak Island Population Permanent Populations 8,093 9,225 10,739 11,103 11,236 Seasonal Population 25,685 29,519 34,366 35,531 35,956 Source: Oak Island 201 facilities Plan The projected population for the Town of Oak Island, along with an analysis of the number of platted lots without structures indicates that the Town will reach build-out approximately in The Town does regulate land within the ETJ, and can request to expand its ETJ to meet future needs, along with the mainland portion of the Town s existing jurisdictional area. As the Town develops its remaining vacant lots, the development of land on the mainland will provide for future growth and development. Current development proposals for mixed use projects indicate future commercial development will likely continue along undeveloped portions of N.C. 133 and N.C The County s Unified Development Ordinance will Page 19

30 III Analysis of Existing and Emerging Conditions control the land use and intensity of the development occurring along these corridors unless they are annexed by a municipality. Page 20

31 IV. Natural Systems Analysis IV. Natural Systems Analysis Introduction This section describes the natural features and environmental conditions within the planning study area, and assesses the capability and limitations of these features for development. The planning study area is shown in Map 1, Appendix A. It is comprised of the Town of Oak Island and unincorporated areas in Brunswick County. The protection, maintenance and enhancement of Oak Island s natural resources are critical elements of the plan and essential to the quality of life for both residents and visitors. The previous land use plan for the Town of Oak Island contained numerous policies that address the protection and enhancement of the Town s natural resources. One of the primary purposes of developing CAMA Land Use Plans is to develop a system to manage and regulate Areas of Environmental Concern (AEC), and to address policies and actions that will help to protect coastal resources. Areas of Environmental Concern are defined in CAMA as critical resources that are regulated under the act. AEC s cover almost all coastal waters, but less than 3 percent of the land area in the 20 coastal counties. Mapping and analysis of natural features The development of land use plans using GIS mapping data to identify natural features provides a basis for the designation and regulation of the important coastal resources. The Coastal Resource Commission s planning guidelines [15A NCAC 7B] are intended to ensure that all plans are consistent in addressing management topics and AEC s; however, there is significant flexibility allowed in how local governments formulate policies and address actions taken to protect the resources. The mapped resources help form a baseline database which can help to evaluate the effects of the coastal policies and implementing actions over time. Appendix A contains all of the GIS mapping products prepared for the land use plan. This section provides an inventory of the major natural resources and features within the project study area along with an assessment of how these features may affect potential development. An environmental composite map was developed that shows the extent of environmental features within the study area and the generalized compatibility of development. The natural features components include the following categories: Page 21

32 IV. Natural Systems Analysis Areas of Environmental Concern (AEC s) Soils Water Quality Classifications Flood and natural hazards Storm surge areas (ocean and hazard inlet) Wetlands (non-coastal) Wellhead Protection Areas Primary nursery areas, shellfish areas and essential fish habitat Environmentally fragile and Natural Heritage areas Areas of Environmental Concern - AEC s The Coastal Resources Commission regulates critical coastal resources through a permitting program that identifies areas in need of special protection because of their resource value and environmental sensitivity. Development within designated Areas of Environmental Concern is regulated by CAMA minimum use standards and permitting requirements. Local governments can establish standards for development that are more stringent than state standards. The CRC has established four categories of AEC s: Estuarine and Ocean System Ocean Hazard System Public Water Supplies Natural and Cultural Resources The Areas of Environmental Concern contained within the planning study area include the Estuarine and Ocean System and Inlet Hazard AEC s. There are no Public Water Supply or Natural and Cultural Resource AEC s in the Study Area. Development within the Coastal Shorelines AEC has generated concern about water quality and increasing interest in managing stormwater runoff. State administrative rules for development within this area limit impervious surfaces and establish buffers to help protect coastal waters. Page 22

33 IV. Natural Systems Analysis The Estuarine and Ocean System AEC The Estuarine and Ocean System AEC is comprised of the following AEC categories: estuarine waters, coastal wetlands, public trust areas, and estuarine and public trust shorelines. Estuarine waters are defined in G.S. 113A-113(b)(2) to include all the waters of the Atlantic Ocean within the boundary of North Carolina and all the waters of the bays, sounds, rivers and tributaries seaward of the dividing line between coastal fishing waters and inland fishing waters. The boundaries between inland and coastal fishing waters are defined in an agreement adopted by the Wildlife Resources Commission and the Department of Environment and Natural Resources and in the most current version of the North Carolina Marine Fisheries Regulations for Coastal Waters (15A N.C.AC 3Q.0200). For regulatory purposes, the inland, or upstream, boundary of estuarine waters is the same line used to separate the jurisdictions of the Division of Marine Fisheries and the Wildlife Resources Commission. However, many of the fish and shellfish that spend parts of their lives in estuaries move between the "official" estuarine and inland waters. CRC defines coastal shorelines to include all lands within 75 feet of the normal high water level of estuarine waters. This definition also includes lands within 30 feet of the normal high water level of public trust waters located inland of the dividing line between coastal fishing waters and inland fishing waters. Along Outstanding Resource Waters, this definition includes lands within 575 feet of the normal high water level. This boundary is illustrated on Map 7, Nursery Areas in Appendix A. Within the study area, the Estuarine and Ocean System AEC includes the waters and tributaries of two river basins, the Lumber River Basin and the Cape Fear River Basin, as well as Lockwood Folly River, Mill Creek, the waters of the Atlantic Ocean, and the sounds and shorelines of those water bodies. Estuarine waters include manmade water bodies, the AIWW, canals and the many tidal creeks within the study area, many of which are not named. Coastal wetlands AEC s are defined as any salt marsh subject to tidal influence that contain some, but not all of the following marsh plant species: Cord Grass (Spartina alterniflora) Black Needlerush (Juncus roemerianus) Glasswort (Salicornia spp.) Salt Grass (Distichlis spicata) Sea Lavender (Limonium spp.) Bulrush (Scirpus spp.) Saw Grass (Cladium jamaicense) Page 23

34 IV. Natural Systems Analysis Cat-tail (Typha spp.) Salt Meadow Grass (Spartina patens) Salt Reed Grass (Spartina cynosuroides) Coastal marshes within the study area include extensive areas that extend along the AIWW, Montgomery Slough, Davis Canal, Eastern Channel, the upper reaches of Lockwood Folly Inlet, and along the Elizabeth River and the estuarine shorelines within the study area. Other coastal wetlands include tidal freshwater marshes that typically have low salinities and are verified as coastal wetlands through field surveys and on-site wetland delineations. These wetlands are scattered throughout the study area, with more concentrated areas located in the mainland central portion of the study area that contain large areas of Pocosin wetlands. (See Map 3, Appendix A) These wetlands may be regulated by the U.S. Army Corp of Engineers (USACE) under Section 404 of the Clean Water Act and by the N.C. Division of Water Quality under Section 401 of the Clean Water Act. Coastal wetland AEC s are identified through on-site field surveys and delineations. Coastal wetlands are regulated through the coastal wetland AEC, while non-coastal wetlands that are connected to navigable waters are regulated by the USCOE as jurisdictional wetlands. Those isolated non-coastal wetlands not regulated by the USCOE are regulated by the NC DWQ under the 401 program. The majority of the coastal wetlands in the study area are classified as Salt/Brackish Marsh. The CRC rules to protect salt marshes have eliminated most dredge-and-fill activities in coastal wetlands. This is illustrated by the example of the rule requiring anyone wishing to stabilize an estuarine shoreline to site the structure landward of wetland areas. Another wetland type that can be classified as coastal wetland is Freshwater Marsh. They are defined as herbaceous areas that are flooded for extended periods during the growing season. Included are marshes within lacustrine systems, managed impoundments, and some Carolina Bays. Typical communities include species of sedges, millets, rushes and grasses that are not specified in the coastal wetland regulations. The Division of Coastal Management recently completed an extensive inventory and rating system based on the quality of wetlands within the coastal counties. Wetlands are rated as Exceptional Significance, Substantial Significance, or Beneficial Significance. N.C.- CREWS is a watershed-based wetlands functional assessment model that uses geographic information systems (GIS) software and data to assess the level of water quality, wildlife habitat, and hydrologic functions of individual wetlands. Notable non-coastal wetlands within the study area rated as exceptional by N.C.-CREWS are extensive areas of Pocosin wetlands in the mainland portion of the study area. (See Map 3, Wetlands) Other wetland types found within the study area include bottomland hardwoods, vernal pools, nonriverine swamp forest, and coastal marsh. Public Trust areas are all waters of the Atlantic Ocean and the lands lying under from the mean high water mark to the three-mile seaward limit; all natural bodies of water subject to Page 24

35 IV. Natural Systems Analysis tides and lands lying under all navigable natural bodies of water and lands lying under to the normal high water mark. Estuarine Shoreline AEC s are non-ocean shorelines extending from the normal high water level along the estuaries, sounds, bays, fresh and brackish waters, and public trust areas to a distance of 75 feet landward. Estuarine shorelines that are immediately contiguous to Outstanding Resource Waters extend to 575 feet landward. Public trust shorelines are shorelines contiguous to public trust areas, located inland of the dividing line between coastal fishing waters and inland fishing waters and extend 30 feet landward. Examples of the estuarine shoreline within the study area include those lands abutting the AIWW, the shorelines of most rivers and creeks within the study area, and most shorelines, with the exception of the beaches bordering the Atlantic Ocean. The Ocean Hazard AEC The Ocean Hazard AEC includes beaches, frontal dunes, inlet lands, and other areas in which geologic, vegetative and soil conditions indicate a substantial possibility of excessive erosion or flood damage. (See Map 2, Appendix A) The Ocean Erodible AEC includes beaches and oceanfront property where excessive erosion and significant shoreline fluctuation is probable. The seaward boundary of this area is the mean low water line. The landward limit is measured from the first line of stable natural vegetation to the recession line that would be established by multiplying the longterm annual erosion rate times 60, provided that, where there has been no long-term erosion or the rate is less than two feet per year, this distance is set at 120 feet landward from the first line of stable natural vegetation. For example, between Womble Street and McGlamery Street, adjacent to the beach at the eastern end of the study area, the set back factor is 5. This means that large structures must be set back 300 feet from the shoreline. The High Hazard Flood Area AEC is subject to high velocity waters including hurricane wave wash in a storm having a one percent chance of being equaled or exceeded in any given year, as identified as V zones on the flood insurance rate maps of the Federal Insurance Administration. The V zones are determined by engineering analysis of expected flood level during a storm and the anticipated waves, current and topography. Almost all of East Beach Drive and the south side of Dolphin Drive are subject to high velocity waters. The Inlet Hazard AEC includes land near the ocean inlets. Inlet shorelines are highly fluctuating land forms vulnerable to erosion and flooding. Each inlet hazard AEC is determined by a statistical analysis of inlet migration, previous inlet locations, narrow low lands near the inlet and the influence of man-made features, such as jetties and channelization projects. The distance of these AEC s is estimated to encompass those lands that are anticipated to migrate. There is one Inlet Hazard Area within the Study Area; located at the very east end of the island, at the entrance to Lockwood Folly River. This area is referred to as the Point. Page 25

36 IV. Natural Systems Analysis The Unvegetated Beach Area AEC includes land where no stable beach vegetation is present. This area is subject to wind and wave energy and resulting land form change can occur rapidly as a result. The CRC Administrative rules contain use standards for the AEC s that give priority to the conservation of coastal wetlands, estuarine waters and public trust areas, though some water dependent uses are allowed. Generally uses that require water access and which cannot function elsewhere, such as simple access channels, structures to prevent erosion, navigational channels, boat docks, marinas, piers, wharfs and mooring pilings are allowed, provided construction occurs in compliance with state rules. Recently conducted studies address the development of marinas and urban waterfronts in the state s coastal areas. The redevelopment of fishing piers has also been under discussion and is a current topic of debate. These issues and studies may precipitate or lead to future changes in state policy that may affect the CRC rules governing these types of development. The CRC guidelines for development within the coastal shoreline AEC are found in 15A N.C.AC 7H. Key provisions within these rules include the following: The project should not weaken or eliminate natural barriers to erosion. The project should limit impervious surfaces, and not exceed 30 percent of the AEC area of the lot, except along an Outstanding Resource Water (ORW) where the builtupon limit is 25 percent of the AEC area. Requires that a buffer zone is maintained for a distance of 30 feet inland of the normal water level, except where the Environmental Management Commission has adopted its own buffer standards. It should be noted that the exact locations of the AEC s are difficult to map, particularly coastal wetlands, shorelines and ocean hazard AEC s. The exact locations of the AEC s are identified by N.C. DCM permit staff through on-site delineations. Natural and Cultural AEC s The Natural and Cultural AECs is a grouping of fragile coastal resource areas containing environmental, natural or cultural resources of more than local significance that may be threatened by development. There are no Natural or Cultural AEC s in the study area. There are two such AEC s in the state designated by the Coastal Resource Commission. Jockey's Ridge is a unique coastal geologic formation area of environmental concern, located on the Outer Banks, in the Town of Nags Head. It is the tallest active sand dune along the Atlantic Coast. The Ridge represents the southern extremity of a back barrier dune system which extends north along Currituck Spit into Virginia. Jockey's Ridge is a medano, a large isolated hill of sand, asymmetrical in shape and lacking vegetation. Jockey's Ridge has been designated a National Natural Landmark by the U.S. Department of the Interior. Page 26

37 IV. Natural Systems Analysis The second Natural and Cultural AEC in the state is Permuda Island, which is a significant coastal archaeological resource area of environmental concern. Permuda Island is a former barrier island located within Stump Sound in southwestern Onslow County. The island contains archaeological evidence from the Middle Woodland Period (300 B.C A.D.) through the late Woodland Period (800 A.D A.D.) and historic occupations predating the Revolutionary War. The resources offer extensive research opportunities. Soils The U.S. Department of Agriculture Natural Resources Conservation Service (USDA NRCS) completed a soil survey of Brunswick County in The soils are grouped into two broad associations that occur on uplands. The Kureb-Wando association includes excessively drained sandy soils that occur on nearly level to sloping uplands. The Leon- Murville-Mandarin association includes soils that are very poorly drained with weakly cemented subsoil. However, according to the soil survey, much of the study area that had been mapped as Leon soils do not match the profile but instead appear to be either Woodington or Mandarin soil types The soils that have limitations for septic systems are identified on the soil map. Much of the study area contains soil units that have severe limitations for septic tanks. While flooding is a factor, slow percolation and poor filtration are major factors leading to the severe limitation. (See Map 8 Soils). A large spoil bank located on the north shore of the AIWW includes a large amount of dredged spoil that has created an artificial landscape feature. This spoil was dredged from the navigational channels in the waterway and lower Cape Fear River. The spoil bank is similar to a sand dune in structure, the area is partially covered, and about 35 percent is covered with vegetation, but recreational off-road traffic and disturbance has prevented the establishment of more vegetation. Water Quality Classifications The N.C. Division of Water Quality (DWQ) adopted classifications and water quality standards for all of the state s water bodies. All surface waters are assigned a primary classification that is appropriate for the best use of that water. These primary classifications are shown on Tables 10 and 11. Page 27

38 IV. Natural Systems Analysis Table 12. DWQ Water Quality Classifications Classification SC SB SA HQW ORW SW NSW Description All tidal salt waters protected for secondary recreation such as fishing, boating and other activities involving minimal skin contact; aquatic life propagation and survival; and wildlife. Stormwater controls are required under CAMA and there are no categorical restrictions on discharges. Surface waters that are used for primary recreation, including frequent or organized swimming and all SC uses. Stormwater controls are required under CAMA and there are no categorical restrictions on discharges. Suitable for marine fish, shellfish and wildlife habitat, shellfish harvesting for direct human consumption, recreation and other uses such as navigation. Waters are ranked as high quality based on biological, chemical or physical characteristics through division monitoring or special studies. Unique and special surface waters of the state that are of exceptional state or national ecological or recreational significance that require special protection to retain existing uses. Swamp waters that are located so as to generally have low velocities. Nutrient Sensitive waters that experience or are subject to excessive bloom of microscopic or macroscopic vegetation. Table 13. A Summary of Pertinent Water Quality Standards for Class SA Waters Parameter Chlorophyll Dissolved Oxygen Temperature ph Fecal Coliform Bacteria Turbidity Limitation Not greater than 40 ug/l in sounds, estuaries and other waters subject to growths of macroscopic or microscopic vegetation. Not less than 5 mg/l, except swamp waters, poorly flushed tidal creeks or embayments or estuarine bottom waters may have lower values if caused by natural conditions. Shall not be increased above the natural water temperature by more than.8 degrees C during June, July and August nor more than 2.2 degrees C during other months and in no cases to exceed 32 degrees C due to the discharge of heated liquids. Shall be normal for the waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a ph as low as 4.3 if it is the result of natural conditions Fecal coliform group not to exceed a median (MF count) of 14/100 ml and not more than 10 percent of the samples shall exceed a count of 43/100 ml in those areas most probably exposed to fecal contamination during the most unfavorable hydrographic and pollution conditions. The turbidity shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Source: North Carolina Administrative Code 15A N.C.AC 02B.0221 Page 28

39 IV. Natural Systems Analysis Surface Water Classifications are applied to surface water bodies such as streams, rivers and lakes, which define the best uses to be protected within these waters (for example swimming, fishing, drinking water supply) and carry with them an associated set of water quality standards to protect those uses. Determining how well the water body supports a use is an important method of interpreting water quality data and assessing water quality. Surface waters are rated fully supporting, partially supporting or impaired. If the criteria is not met, then the waters would be rated as partially supporting (PS) or not supporting (NS), depending on the degree of degradation. The Town of Oak Island receiving waters have not been rated to date and therefore are given an NR designation. Table 14. Major Receiving Water Bodies of the Town. Water Body Name Water Quality Classification Use Support Rating Davis Canal SA/HQW NR Davis Creek SA/HQW NR Intracoastal Waterway SA/HQW NR Montgomery Slough SA/HQW NR Dutchman Creek SA/HQW NR Eastern Channel SA/HQW NR Denis Creek SA/HQW NR Elizabeth River SA/HQW NR Atlantic Ocean SA/HQW NR Dutchman Creek Outlet Channel SA/HQW NR DWQ also conducts periodic water body assessments which may result in a recommendation to reclassify the water body. In order for a water body to be reclassified, it must proceed through the rule-making process. Downstream portions of Lockwood Folly and some portions of the Cape Fear are designated SA and are therefore are High Quality Waters. Areas with median coliform levels above state standards include the Lockwood Folly River, the Cape Fear River, and the AIWW. Most waters in the study area have fecal coliform count levels above state standards. All water monitoring stations in this subbasin, except three in the AIWW, recorded periodic low dissolved oxygen levels. Mercer s Mill Pond carries two classifications. Below SR 1112 (Sunset Harbor Road) to Lockwood Folly River, it is class SA. Above SR 1112, it is class C Sw HQW. The North Carolina Water Quality Assessment and Impaired Waters List (NCDENR 2006b) contains an integrated report that includes a 303(d) report. The 303(d) list is a comprehensive public accounting of all impaired water bodies. An impaired water body is Page 29

40 IV. Natural Systems Analysis one that is damaged by pollutants, such as nitrogen, phosphorus, and fecal coliform bacteria, and by pollution such as hydro modification and habitat degradation. The source of impairment might be from point sources, non-point sources, and atmospheric deposition. The standards violation might be due to an individual pollutant, multiple pollutants, or an unknown cause of impairment. This list is compiled by the DWQ and submitted to the Environmental Protection Agency (EPA) by April 1 of every even year. Within the project study area Table 15 identifies the water resources that are designated as biologically impaired water bodies regulated under the Final 2006 provisions of the Clean Water Act (CWA) 303(d). Table d Listed Water Bodies. Water Body Name Mullet Creek Mill Creek Lockwoods Folly River Lockwoods Creek Intracoastal Waterway Montgomery Slough Beaverdam Creek Dennis Creek Piney Point Creek Elizabeth River Dutchman Creek Outlet Atlantic Ocean Source: NC 303d List Reason for Listing Shellfish harvesting closure, fecal coliform Shellfish harvesting closure, fecal coliform Shellfish harvesting closure, fecal coliform Shellfish harvesting closure, fecal coliform Shellfish harvesting closure, fecal coliform Shellfish harvesting closure, fecal coliform Shellfish harvesting closure, fecal coliform Shellfish harvesting closure, fecal coliform Shellfish harvesting closure, fecal coliform Shellfish harvesting closure, fecal coliform Shellfish harvesting closure, fecal coliform Fish Advisory - Mercury Flood and Natural Hazard Areas The 100-year floodplain defines the flood hazard areas. The Federal Emergency Management Agency (FEMA), in coordination with other federal, state and local governments conducted an updated Flood Insurance Study for Brunswick County in This study produced maps of the 100 and 500-year flood boundaries for each stream studied. The study and flood maps help communities implement floodplain management and local flood prevention ordinances. The floodplain in Oak Island is mapped in two classifications: Page 30

41 IV. Natural Systems Analysis AE Zones: areas where there is a 1% chance of a one hundred year flood event VE Zones: areas where there is a 1% chance of a hundred year flood event with wave action of three feet or more. The AE areas subject to flooding constitutes about 5,918 parcels, 41 percent of which have structures. The V Zones are determined by an engineering analysis of flood levels expected during a storm, considering the wave and current patterns, in conjunction with the topography of the island. There are approximately 2,429 parcels located in the VE zone and 70 percent with structures. The Town continues to be an active participant in the National Flood Insurance Program. FEMA flood insurance is available to approximately 20,000 communities nationwide, including Oak Island. To help minimize losses, stringent requirements were put in place by the Town for flood prone areas to prevent property damage and loss of life which have resulted in a better rating under NFIP, and a 15 percent discount in flood insurance premiums for Town residents. The previous Class 9 rating was raised to a Class 7 in A CRS rating of Class 1 indicates the highest rating with a discount of 45 percent on premiums. For CRS participating communities, flood insurance premiums are discounted in increments of 5 percent. The Town has amended its zoning code to reduce densities for multi-family developments in hazardous areas. According to the Development Services Division, there are 258 repetitive loss properties within the Town. All new development is designed to withstand a 100-year storm. One of the major threats from flooding results from hurricanes. The building and development regulations are reevaluated on an ongoing basis to ensure the effectiveness of the codes. Construction requirements were amended to require wind resistant construction from 110 to 130 MPH. The Town has prepared a Guide to Flood Hazards and Being Prepared brochure to be utilized in its annual outreach program. Storm Surge Areas Oak Island is vulnerable to storm surges and the erosion, wave damage and winds associated with hurricanes and nor easters. Storm surge is water pushed toward the shore by the wind, or storms that can cause a rise of 15 feet or more in the mean high water level, particularly when combined with a high tide. The speed, strength and direction of the storm will determine the impact of the storm. The areas subject to storm surges are depicted on the map in Appendix A. Page 31

42 IV. Natural Systems Analysis Non-coastal Wetlands Wetlands in their natural state perform many important ecological functions which are vitally important to the environment and are difficult or costly to replace. Wetlands serve as barriers, slowing estuarine shoreline erosion and protecting the quality of surface waters by retarding the erosive forces of moving water. They provide a natural means of flood control and damage protection by reducing flood peaks, thereby protecting against the loss of life and property. Wetlands improve water quality by intercepting and filtering out waterborne sediments, excess nutrients, heavy metals and other pollutants. Wetlands are also sources of food, shelter, breeding, spawning, nesting and wintering habitats for fish and wildlife. These include migratory birds, endangered species, and commercially and recreationally important species. Wetlands are recognized as part of a complex, interrelated, hydrologic system. Extensive areas of non-coastal Pocosin and Riverine Swamp wetlands are located within the ETJ, along NC 211 and between the municipal boundary of St. James and NC 211 (See Map 3, Appendix A). The Division of Coastal Management completed an extensive inventory and rating system of wetlands within the coastal counties. The North Carolina Coastal Region Evaluation of Wetland Significance, or NC-CREWS, is a watershed-based wetlands functional assessment model that uses geographic information systems (GIS) software and data to assess the level of water quality, wildlife habitat and hydrologic functions of individual wetlands. NC- CREWS produces 3 possible overall wetland rating scores: Exceptional Significance, Substantial Significance, or Beneficial Significance. The primary objective of the NC- CREWS wetland functional assessment is to provide information about the relative ecological importance of wetlands for use in planning and the overall management of wetlands. The NC-CREWS is useful in determining where development should not be planned or where certain types of development are best suited to and compatible with the habitat. Where wetland impacts are unavoidable, NC-CREWS can significantly improve avoidance and minimization of significant and irreversible adverse impacts to the most valuable wetland ecosystems. As part of the development of NC-CREWS an extensive wetland mapping effort was undertaken. Wetland communities were identified based upon their vegetation, hydrologic conditions and amount of disturbance. A wide variety of different wetland types ranging from saltwater tidal marsh to Pocosin to Nonriverine Swamp Forest occur in the study area. Areas that once contained wetlands have been drained for agriculture, development, or converted to other uses. Several of the more ecologically significant wetlands are a nonriverine swamp forest along the Sunset Harbor neighborhood north of SR 1112, and extensive salt marshes along the AIWW. Wetland types found within the study area are illustrated on Map 3 in Appendix A. The U.S. Army Corps of Engineers administers the regulatory and permitting program of Section 404 of the Clean Water Act. Placement of dredged or fill material into the wetland Page 32

43 IV. Natural Systems Analysis areas is prohibited without the appropriate permit from the US Army Corps of Engineers. Generally 404 wetlands are areas that are inundated or saturated by surface or groundwater at a frequency or duration sufficient to support, under normal circumstances, a prevalence of vegetation typically adapted for life in saturated soil conditions (EPA, 40 CFR and COE, 33 CRF 328.3). Wellhead Protection Areas There is one wellhead protection area in the Town of Oak Island. The Town developed a Wellhead Protection (WHP) Plan that delineates a wellhead protection area around the public supply well to protect the water quality of the aquifer. The wellhead protection area is shown on Map 11, Appendix A. Ground water in the study area flows through several confined and surficial aquifers identified as the Waccamaw Formation, Castle Hayne Limestone, underlying Peedee Sandstone and unconfined aquifers systems. The most influential aquifers are the surficial aquifers and the Castle Hayne aquifer. These provide a substantial portion of the drinking water supply for the region. Water supply for Oak Island is provided by Brunswick County from well fields on NC 211 (groundwater) and from the Cape Fear River (surface water). The Town maintains two small wells for emergency purposes. Precipitation is the main source of recharge for the surficial aquifer in Brunswick County, with an annual average rainfall of approximately 56 inches. The annual average evaporation rate in the region is 42 inches. Land use can affect recharge rates. No recharge rates are currently available, but data from U.S. Geological Survey (USGS) wells indicate that water table depth fluctuates throughout the year, and ranges from 20 to 23 feet below the land surface. Primary Nursery Areas and Essential Fish Habitat Estuaries are considered to be valuable nurseries for a variety of species, including shrimp, crabs and fish. Primary Nursery Areas (PNA) are generally located in the upper portions of creeks and bays. These areas are usually shallow with soft muddy bottoms and surrounded by marshes and wetlands. Low salinity and the abundance of food in these areas are ideal for young fish and shellfish. There are 1,879 acres designated as Primary Nursery Areas within the planning study area. Secondary Nursery Areas are located in the lower portions of creeks and bays. As they develop and grow, young fish and shellfish, primarily blue crabs and shrimp, move into these waters. Trawling is not allowed in the Secondary Nursery Areas. Special Secondary Nursery Areas are located adjacent to Secondary Nursery Areas but closer to the open waters of our sounds and the ocean. There are 129 acres of Special Secondary Nursery Page 33

44 IV. Natural Systems Analysis Areas within the study area, all in the Lockwood Folly River. Table 13 below lists primary and secondary nursery areas within the planning study area. Special Secondary Nursery Areas are located adjacent to Secondary Nursery Areas but closer to the open waters of our sounds and the ocean. Mercer s Mill Pond was also designated as a state nursery area. When juvenile species are abundant, these waters are closed to trawling. Water Body Name Table 16. Primary and Special Secondary Nursery Areas. Primary (Acres) Secondary (Acres) Special Secondary (Acres) Davis Creek-Canal Dutchman Creek Lockwoods Folly River Oak Island Area Piney Point-Denis Total An Essential Fish Habitat (EFH) is defined by federal fishery laws (Mangnuson-Stevens Fishery Conservation and Management Act) as waters and substrate necessary to fish for spawning, breeding, feeding or growth to maturity. Federal fishery regulations seek to protect commercial and recreational fish populations through habitat protection. Estuarine marshes are important habitat for larval and juvenile species. Red Drum, Summer Flounder, Brown Shrimp, Pink Shrimp and White Shrimp species EFH are found within the study area. The AIWW and all wetlands delineated as coastal marsh are considered EFH. The South Atlantic Regional Fisheries Management Council prepares Marine Fish Habitat Plans for the conservation of the species and their habitats. Some marine and estuarine areas were also designated as Habitat Areas of Particular Concern for certain shrimp and fish species. This designation does not afford additional protection, but activities within these areas are more carefully scrutinized during EFH consultations and are subject to stringent conservation recommendations. Fragile Environmental Areas Fragile environmental areas are those sensitive resources that may be included or overlap with those managed in the AEC s or may include non-coastal regulated resources such as non-coastal wetlands. Much of the study area includes resources that are considered fragile. Incompatible, ill-planned development can affect or negatively impact these resources and their ecological functions. Current trends that illustrate cumulative effects include closure of Page 34

45 IV. Natural Systems Analysis shellfish beds, degraded water quality, reduction of nursery habitat, algae blooms, increasing non-point source pollution, invasive species and the loss and conversion of forest land to residential and commercial development. Natural Heritage Areas Natural Heritage Areas include those lands that support rare plants, animals or other important ecological features identified by the North Carolina Natural Heritage Program. The elements identified on the Map 9 represent general locations of these areas that are considered significant in the context of land use planning. (See Map 9, Appendix A) The Natural Heritage Program does not regulate these areas, although some sites may be protected (in the case of endangered or threatened species) by state or federal laws. The significant Natural Heritage Areas of Brunswick County are grouped by ecological features from the coast inland by the N.C. Natural Heritage Program. The significant natural heritage areas of Brunswick County have been mapped, and several significant islands and marshes are found near the mouth of the Cape Fear River. At the mouths of other rivers and along the Intracoastal Waterway there are coastal edge communities. Several rivers have significant tidal wetland communities. The Waccamaw River has unique sites due to its unusual features. A number of sites found in the County s interior are comprised of longleaf pine, pocosin, and pond communities. Three Natural Heritage Sites are found in the study area. Boiling Spring Lakes Wetland Complex is a 23,000-acre site that contains a variety of community types in fair to excellent condition over a large contiguous area. This complex is characterized as a nonriverine wetland with upland sand ridges, remnants of ancient sand dunes, and swales of shallow peat. It contains longleaf pine communities that evolved as a fire maintained ecosystem. Without fire occurring at least every five years, hardwood species invade, leading to a decline of the longleaf forest. The southern-most portion of this area extends into the north eastern portion of the study area. The Big Cypress Bay and Ponds is a site comprised of two overlapping Carolina bays and adjacent limesink depressions. American alligator and anhinga (Anhinga anhinga) are known from the area, as well as five rare plant species. This site is privately owned. Sunset Harbor/Ash Swamp is a 300-acre site containing low upland terraces with a Coastal Fringe Sandhill community that is intersected by swamp forest. Coastal Fringe Evergreen Forest occurs in moist sands along the edges of the upland terraces. Vernal Pools are found in depressions within the sandhill community. This site is located in the eastern portion of the study area. Brunswick County is a hotspot of species diversity with several species that are known only to the County or found in the immediate area. The county has some pine savannas that contain more species per acre than do almost all other areas in temperate North America. There are 11 Federally Endangered or Threatened plant and animal species in the County, Page 35

46 IV. Natural Systems Analysis some associated with the beaches, and a number of others associated with the longleaf pine forests and savannas. These are: American alligator Alligator mississippiensis T Bald eagle Haliaeetus leucocephalus T Eastern puma (=cougar) Puma concolor couguar E Green sea turtle Chelonia mydas (incl. agassizi) T Kemp's ridley sea turtle Lepidochelys kempii E Leatherback sea turtle Dermochelys coriacea E Loggerhead sea turtle Caretta caretta T Piping plover Charadrius melodus T Red-cockaded woodpecker Picoides borealis E Shortnose sturgeon Acipenser brevirostrum E West Indian manatee Trichechus manatus E Wood stork Mycteria americana E Cooley's meadowrue Thalictrum cooleyi E Rough-leaved loosestrife Lysimachia asperulaefolia E Seabeach amaranth Amaranthus pumilus T Definitions of Federal Status Codes: E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." Environmental Composite Map of Environmental Conditions The Environmental Composite Map illustrates the extent of natural features that are described in this chapter. (See Map 10, Appendix A) The land classes are grouped into three categories and contain natural features and classifications that are intended to provide capabilities and limitations of areas for development potential. The description of each class and the features they contain follow in Table 17. Page 36

47 IV. Natural Systems Analysis Table 17. Land Classes Class Description Features Class I Class I lands contain minimal hazards and limitations that may be addressed by commonly acceptable land planning and development practices. In the Oak Island study area no lands fall into this category. n/a Class II Class II land contains limitations and hazards that can limit or restrict development and may be addressed by land use restrictions, special site planning, or provision of public services such as sewer and water service. Land in this category will generally support less intensive uses such as low density residential without significant investment in services. Ocean erodible area High hazard flood area Public trust shoreline Non-coastal wetlands rated as beneficial significance by N.C. CREWS Storm surge areas Significant Natural Heritage Areas Coastal wetlands Class III Class III is land with serious limitations and hazards. Land in this class will generally support low intensity uses such as conservation and open space. Exceptional or substantial non-coastal wetlands Beneficial non-coastal wetlands Estuarine Waters Soils with severe septic limitations Protected lands The Environmental Composite Map is based on natural features mapping. It shows the locations of the three categories of land described above. All of the features mapped in Appendix A are included in the Environmental Composite Map. The map model uses 1-acre grid cells to represent the landscape. If a grid cell intersects a Class III feature (the most sensitive) then it will retain the Class III value despite any other features that also intersect that cell. Similarly if the cell intersects a Class II (but not Class III) feature it retains the Class II values. In this way, the classification system will be determined by the highest class feature that the cell contains. Nearly all of the land in the study area is Class III, with small areas of Class I and II located in the northwest corner of the study area, in the unincorporated area of Brunswick County. Page 37

48 IV. Natural Systems Analysis Natural Features and Environmental Conditions Table 18. Natural Features Inventory. Study Area (Acres) Town of Oak Island (Acres) Total area Exceptional Wetlands Exceptional Coastal Wetlands Exceptional Non-Coastal Wetlands Oak Island Extraterritorial Jurisdiction (Acres) AE Flood zone 7148 (26%) 525 (25%) 3058 (50%) VE Flood zone VE Flood zone % 5% 0 17% Hurricane Storm Surge Cat 1& Hurricane Storm Surge Cat 1&2 (%) 20 % 12 % 49 % Hurricane Storm Surge Cat 1,2& Hurricane Storm Surge Cat 1, 2&3 (%) 33 % 27 % 68 % Hurricane Storm Surge Cat 1,2,3,4& Hurricane Storm Surge Cat 1, 2, 3, 4 &5(%) 48 % 61 % 88 % Inlet Hazard Area Environmental Conditions CAMA rules require an assessment of the following environmental conditions and a discussion of their limitations or opportunities for development: Water Quality The study area falls within both the Lumber River Basin and the Cape Fear River Basin. The ridge line divides the study area nearly in half, and is shown on Map 6, in Appendix A. The Lumber River Basin makes up about 55 percent of the western portion of Brunswick County, while the Cape Fear River basin occupies the remaining 45 percent of eastern Brunswick County. Page 38

49 IV. Natural Systems Analysis The Division of Water Quality has a two-tiered system with each River Basin in the state further subdivided into sub basins. The Lumber River Basin contains ten sub basins. These sub basins are designated as hydrologic unit number The Cape Fear River Basin contains the jurisdictional areas of portions of Brunswick County. The western portion of the study area, located in the Lumber River Basin includes Lockwood s Folly River, the Lockwood Folly Inlet and the AIWW. Much of the surface waters within the study area can be described as having an ill-defined drainage pattern consisting of a complex of sand ridges containing numerous Carolina bays and depressions. Tidal creeks, isolated intermittent pools and stream channels cross the study area. Within the mainland study, Mercer s Pond lies south of N.C. 211 and runs southwest to the confluence with the Lockwood Folly River. Mercer s Pond is tidally influenced, and two unnamed tributaries drain south to the pond. In the northeastern portion of the study area, Polly Gully Creek and Beaverdam Creek drain easterly. Two unnamed tidal creeks drain the southern portion of the study area of the mainland, and enter the AIWW. Water quality has been a key planning issue addressed in the previous CAMA Land Use Plan that can affect or induce coastal development. The restoration of water quality was identified as one of six over arching issues identified in the Consolidated Land Use Plan. The Cape Fear River Basinwide Water Quality Plan, 2000 and the Lumber River Basinwide Water Quality Plan, 1999 both identify failing septic tanks on Oak Island and within the planning study area as a source of elevated coliform levels, indicating pollution discharges to waters in and around Oak Island. A large portion of the Island s residences are currently served by septic tanks. Some of these aging systems have begun to discharge untreated wastewater into the surrounding waterways. The coliform contamination has resulted in the closure of most inland waters and areas adjacent to the beach at Oak Island to shellfishing. (See Map 6a, Appendix A) The existing CAMA Land Use Plan has a stated goal of providing an island-wide central wastewater collection system to address this problem. Portions of the Island-wide sewer system are under construction. The Town of Oak Island has been planning and implementing the expansion of its wastewater utility to reduce fecal coliform contamination and restore dissolved-oxygen levels in the waterway. The Oak Island wastewater treatment system currently serves about ten percent of the area's existing homes and is being expanded to serve the entire Island. Shellfish Sanitary Surveys The NC DENR, Division of Environmental Health, Shellfish Sanitation and Recreational Water Quality conducts sanitary surveys of shellfish harvesting areas. The Division is responsible for monitoring and classifying coastal waters as to their suitability for shellfish harvesting for human consumption. Recommendations are made to the Division of Marine Fisheries to close those waters that have the potential for causing illness and opening those that are assured of having clean, healthy shellfish. Page 39

50 IV. Natural Systems Analysis Shellfish include clams, oysters and mussels. If shellfish that contain high concentrations of bacteria or viruses are consumed raw or undercooked, they could cause severe illness in the consumer. Therefore, it is mandatory for shellfish to be harvested only from approved (open) shellfish waters. All shellfish growing areas are surveyed every three years to document existing or potential pollution sources, to assess the bacteriological quality of the water, and to determine the hydrographic and meteorological factors that could affect water quality. Water samples are collected at least six times a year from each growing area and tested for fecal coliform bacteria, which are an indicator that human or animal wastes are present in the water. In addition, reviews of bacteriological data and pollution sources are conducted annually. This information is then used to classify each shellfish growing area as either approved, conditionally approved, restricted or prohibited. Approved areas are consistently open to shellfishing, while prohibited areas are permanently closed. Conditional areas are generally open to shellfishing, but can be closed after a significant rainfall event due to the resultant runoff. The area will then remain closed until water sampling indicates a return to acceptable bacteria levels. An area's status can change quickly due to temporary closures after rainfall, high results during bacteriological sampling or unexpected pollution events. Shellfish harvesting waters which are open or approved for harvesting are those where harvesting is permitted anytime. Areas which are conditionally approved allow shellfish harvesting except after rainfall events that exceed the area's management plan. Runoff from such a rainfall event can carry bacteria into surface waters from adjacent land. A Report of the Sanitary Survey for the period of April 2001 through March 2006 provides information concerning water quality and shellfish production within the Study area. The survey area includes the eastern portions of the ICWW, the Elizabeth River and numerous tidal creeks. The Elizabeth River section of Area B-1 is classified as Conditionally Approved Closed. This classification allows this area to open during times that are favorable for shellfish harvesting. There were no temporary openings of the Conditionally Approved area of B-1 during the time frame of the survey. Sampling results have shown an overall degradation in bacteriological water quality since the last survey of Of eighteen sampling stations located in the B-1 area, eleven exceed the National Shellfish Sanitation Program (NSSP) criteria for approved shellfishing waters. Many of those stations had previously met the growing area criteria during the last report of At that time, only three stations exceeded the approved criteria. These eleven areas are now currently classified as Prohibited for shellfish harvest. No conditional openings of shellfishing waters have occurred during the last two sanitary survey periods. The report concludes that portions of the Conditionally Approved Closed area of the Elizabeth River could possibly be opened for shellfish harvest in the future, if improvements were made to the City of Southport WWTP and removing the discharge totally. No changes were recommended. Page 40

51 IV. Natural Systems Analysis A Report of a Sanitary Survey for the period of April 2002 through February 2007 provides information concerning water quality and shellfish production within the Lockwood Folly River Area. This portion of the study area begins at the eastern portion of the ICWW where the above referenced study area ends. This survey addresses Area A-3 which is comprised of the waters of the Lockwood Folly River and its tributaries, Eastern Channel, Davis Creek, Montgomery Slough, Long Beach Cut and the ICWW. Area A-3 is managed by a conditional area management plan that is followed to ensure that shellfish high in bacterial content are not available for harvest. Review of the management plan during the survey period indicates 41 closures for a total of 372 days during the period of 2002 through Four of the closures, totaling 39 days, were preemptive or emergency closures associated with hurricanes that affected the North Carolina coast. Portions of the Lockwood Folly River are normally closed to shellfishing and are classified as conditionally approved closed, but may be opened on a temporary basis during periods of favorable weather conditions. During the survey period there was one such opening totaling four days. The survey results indicate degradation in water quality in some areas, and improvements in other areas. As a result of the survey, approximately 2 acres of open shellfishing waters will be reclassified as Prohibited. Also, approximately 10 acres of Prohibited waters will be reclassified to Conditionally Approved. This 10-acre area is located at Channel Marker 32 in the ICWW. The remaining area classification remains adequate, according to the report. Of the 25 sampling stations used during the survey period in Area A-3, 11 stations currently exceed National Shellfish Sanitation Program (NSSP) criteria for approved shellfishing waters. All but one of these stations are located in waters that are currently closed for shellfish harvest. A few stations that exceeded approved standards in the 2004 survey now meet approved standards. The City of Southport operates a WWTP that discharges directly into the ICWW. The WWTP has received several Notices of Violations from the Division of Water Quality for exceeding the effluent limits on BOD, fecal coliform, effluent clarity and solids in the effluent. The Sanitary Survey reports that the WWTP uses chlorine to disinfect its effluent, but the chlorine has difficulty penetrating the solid particles; therefore, proper disinfection is not occurring, resulting in fecal coliform bacteria being discharged into the ICWW. The report identifies stormwater runoff as the major source of bacteriological contamination. Stormwater can adversely affect shellfish growing areas by rapidly transporting fecal coliform bacteria and other contaminants into the water. Runoff from impervious surfaces, rooftops, subdivisions, lawns, golf courses and other cleared areas are the primary sources of contaminants to the Lockwood Folly River. Page 41

52 IV. Natural Systems Analysis Stormwater from the Town of Varnamtown was cited as a particular concern, as stormwater drains rapidly through a series of ditches and pipes to two primary discharge points along the river s edge. Results from the sampling project indicate these discharges have a relatively large impact on water quality within the river. One of the Varnamtown discharges, which passes through an 18-inch pipe into the river is of concern, as it flows constantly, even in dry periods. Several other areas of concern were identified, including a bulkheaded area in Lockwood Folly subdivision, at Genoes Point, where yard waste disposal along the river s edge is piled up very near open shellfish waters. This area attracts large concentrations of animals whose waste may be contributing to increasing bacterial counts at the nearby sampling station. Several retention ponds used to store wastewater treatment effluent before discharging onto the golf course in Winding River subdivision are a concern. Although the water is typically well treated, if a problem at the WWTP were to occur, the potential for contamination from these ponds and the irrigation does exist. Finally, a large landfill near the shore of a tributary of the upper Lockwood Folly River could pose a risk if the runoff collection system were to encounter a problem. Concerns over deteriorating water quality in Lockwood Folly River resulted in Brunswick County officials seeking funds to address the declining water quality in the Lockwood Folly River. Several studies and initiatives, including the Lockwood Folly Roundtable, were initiated to address these concerns. Water quality experts presented a Roundtable that illustrated widespread areas in the Lockwood Folly which failed to meet basic water quality standards set for shellfishing. This situation has prompted evaluation of Low-Impact Development strategies and their effectiveness. The studies modeled various land use scenarios to evaluate water quality impacts based on alternative subdivision design scenarios and to provide recommendations for planning and zoning. The studies compared results between conventional and cluster development schemes. The average percentage of reduction in runoff volumes was approximately 33 percent. T he reduction in pollutant loads (nitrogen, phosphorous, and TSS) was approximately 38 percent. These results indicate that the negative impacts of development could be significantly reduced if cluster development patterns were extensively employed in the region. The results indicate that conventional and large lot development produced more than twice as much Nitrogen, Phosphorous, and TSS as compared with the cluster development areas. The studies found that the 31 percent impervious surface reduction between the cluster plans and the conventional plans is related to the 38 percent runoff and pollutant load reduction. Impervious surface limitations of between 12 to15 percent within a development plan are recommended for curbing water quality degradation. This recommendation is consistent with other land use and water quality studies that show degrading water quality when impervious surface area reaches 10 to 15 percent of the watershed. Page 42

53 IV. Natural Systems Analysis Natural Hazards The Oak Island Hazard Mitigation Plan conducted a hazard vulnerability assessment for determining critical facilities and their degree of high, medium or low vulnerability. Critical facilities were those determined to be necessary for the daily operation of the Town and those that may be hazardous to the entire island in the event of a natural disaster. Certain facilities are vital to response and recovery operation, such as government buildings, schools, fire, police and emergency buildings, hospitals, major transportation facilities, communications facilities, and water, sewer, electric and other infrastructure. Those facilities posing risk or special hazards to public health, safety and welfare in the event of a natural disaster include industrial, commercial or hazardous sites, including marinas, gas stations, pipelines or chemical storage facilities. The GIS analysis indicates that within the AE flood zone there are 5,918 parcels, of which 41 percent contain structures. There are 2,429 parcels located within the VE flood zone, of which 70 percent contain structures. There are approximately 258 repetitive loss properties on the Island. The vulnerability analysis shows that the Shannon Building and wastewater lift stations are in the greatest danger. These facilities are vulnerable to floods and hurricane damage, and are given a high rank if damage could be extensive. Natural Resources Wetland communities in the study area include a variety of wetland types ranging from saltwater tidal marsh to Pocosin to Nonriverine Swamp Forest. Areas that once contained wetlands have been drained for agriculture, development, or have been converted to other uses. Several of the more ecologically significant wetlands are a non-riverine swamp forest along the Sunset Harbor neighborhood north of SR 1112, and extensive salt marshes along the AIWW. Wetland types found within the study area are illustrated on Map 3 in Appendix A. Some of these natural resources remain vulnerable to development impacts or may be lost to incompatible development. An area known as the Point is designated as a fragile area in the Long Beach CAMA Land Use Plan. It is located at the extreme western end of the Island. The Point Plan was developed in 1998 to develop management policies to preserve the environmental values, and encourage recreational and educational opportunities for residents and visitors. Subsequently, an area of the Point was subdivided. The lots on the Point are approximately 50 feet wide and range between 400 to 600 feet deep. Storms in 1954 cut an inlet just east of this area that has since been filled. The Oak Island Beach, Inlet and Waterway system is recognized as the Town s single most important resource. Page 43

54 IV. Natural Systems Analysis A healthy beach system is characterized by: Vegetated sand dunes that provide protection during coastal storms A wide, dry sand berm that provides habitat for nesting turtles Ample recreational access opportunities for both visitors and residents Beach sand free of litter, rocks, and debris Adequate access that provides maximum protection for the dune system A healthy inlet and waterway system is characterized by: Safe and navigable boating areas Open shellfish harvesting areas Inlets and waterways free of litter and debris Ample recreational access opportunities for visitors and residents Page 44

55 V. Land Use and Development V. Land Use and Development Existing Land Use The project study area, depicted in Map 1, contains 22,702 acres and is broken down as follows: Oak Island Municipality 12,752 acres Oak Island ETJ 2,069 acres Unincorporated areas of Brunswick County 14,467 acres Existing land use within the study area is shown on Map 15 in Appendix A. Oak Island and the mainland study area are experiencing significant growth, as evidenced by the number of housing starts and building permits issued through The 1998 CAMA Land Use Plan Update stated there were nearly 7,000 vacant parcels within the Town, and the majority of oceanfront lots were developed. By January 2007, there were an estimated 4,044 vacant lots in the Town. According to Town GIS records. there are a total of 12,171 lots, of which 8,127 are developed. Within the Island, most vacant lots are generally 6,600 square feet in size and are without central sewer system service but may be hooked onto a central service in the near future. Most of the developed lots are small, and the entire island is subdivided. There are no large vacant tracts remaining on the Island. There are small lot subdivisions occurring that may subdivide lots into two or three smaller lots or recombination of lots. On the mainland, the ETJ contains large tracts of land committed to 1,738 proposed residential units. The mainland study area has few remaining uncommitted lands. Most of the land surrounding the corridors is zoned and committed to commercial development, while the majority of unincorporated county area has been platted and planned for an estimated 6,160 residential units according to Brunswick County data. The western end of Oak Island, extending from SR 1105 (Middleton Ave.) is an area of predominantly single family residences. The intersection of Middleton Ave. and West Oak Island Drive is the center axis for addressing. At this point, heading west on the island, the north side of West Oak Island Drive has typical on grade family/retirement beach community character single family structures. The south side of West Oak Island Drive is elevated single family structures due to the different flood zones. The only commercial use is a convenience store located on Middleton Ave at Davis Creek Bridge. All of this land area is subdivided and mostly built out, with the most sensitive land and waterfront areas of Davis Creek developed. The lot layout in this area is long narrow blocks, with limited eastwest access that has high traffic volumes. This lot layout complicates the installation of public infrastructure. The majority of beachfront lots within the oceanfront area are built out. The total number of oceanfront lots that are unbuildable according to Oak Island s Community Development Department is 475 lots. These remain undeveloped lots and are unstable due primarily to Page 45

56 V. Land Use and Development erosion. The lots north to Davis Creek are mostly improved. There are a few undeveloped lots in this area where the soils will not allow septic tanks. It is anticipated these lots will develop as public sewer lines are installed. Developing areas include the fragile area known as the Point at the extreme western end of the island, and the developing area along N.C The lots on the Point are approximately 50 feet wide and range between 400 and 600 feet deep. A building height limit referendum was placed on the November 2006, ballot to allow buildings of 41 feet in height on split zoned properties. This referendum was defeated with over 76 percent of the voters opposing the referendum. The current building height limit is 35 feet, except in VE flood zones where the height limit is 41 feet. Commercial land use is concentrated along N.C. 211, N.C. 133, Yaupon Drive, a small commercially zoned area surrounding the Oak Island fishing pier, and along Oak Island Drive between 64 th and 47 th Streets. There is no industrially zoned land in the Town. The airport is located on the mainland on N.C. 133, along with some other commercial uses (See Map 15, Existing Land Use). Most of the commercial lots are very small and do not meet current commercial development practices, therefore it is necessary to consolidate lots. Although there is no Central Business District Plan, improvements such as the addition of sidewalks and some underground power lines have been installed. Page 46

57 V. Land Use and Development The following table contains the land area currently allocated to each land use classified on Map 15, Existing Land Use Map as follows: Table 19. Existing Land Use (acres) Oak Island ETJ Agriculture Commercial Recreation Institutional Residential Utilities Transportation ROW Marsh/Wetland Forest/Wooded Development Trends A review of development approvals and building permits by the Town of Oak Island and the Brunswick County Planning Department resulted in the analysis of subdivision and commercial development activity from 1998 to This section takes that information and anticipates levels of near-term future development for the study area. Approximately 72 percent of the parcels within the municipal boundaries are built out. The remainder of the lots are projected to be fully built out by 2018 based on an annual growth rate of 4.14 percent. There are approximately 258 repetitive loss properties on the island. An analysis of Oak Island building permits indicates that between 2000 and 2005, 1,950 building permits were issued for construction of residential units. Single family detached units comprised 72 percent of these permits, while the remaining 28 percent were permits for multi-family units consisting of two or more units per building. This data indicates a recent trend shifting toward a greater percentage of multi-family housing units. When compared with the 2000 Census, approximately 83 percent of residential units were singlefamily and 17 percent were multi-family, while in 2005, 28 percent were multi-family. This trend indicates as shift toward condo and multi-family development over the past six years. The mainland portion of the Town which is zoned for residential development has a density of 6 units per acre. The extra territorial jurisdictional area (ETJ) is regulated under the Town s zoning ordinance and the density allowed is 2 units per acre. Approximately 1,738 Page 47

58 V. Land Use and Development subdivided lots are planned for a residential development and marina named Seawatch within the ETJ. Seawatch also proposes 2,433 units north of the ETJ within the unincorporated area of the County. The ETJ also contains large areas with sensitive natural features such as coastal wetlands, freshwater wetlands and swamp forests. Sunset Harbor Road (SR 1112), on the mainland, is lined with low-density residences and some farm land. Commercial and residential mixed-use developments are proposed at Midway Road and N.C. 211 comprising nearly 100 acres called Midway Landing. At this junction of Midway Road, nearly all of the surrounding land on either side of N.C. 211 has been zoned for commercial use by Brunswick County. According to Brunswick County records, the County has approved 13,004 platted lots for homes along the N.C. 211 corridor, which is more than one third of the total 35,606 lots approved for the unincorporated areas of Brunswick County in 2006, according to Brunswick County records. The Williamson tract (EF Middleton Blvd), on the mainland, is the Town s first project to receive a 20 year development agreement. The tract contains approximately 3,323 acres and was approved by the Town as a Planned Unit Development (PUD) with the underlying R-20 zoning district. The development will be a mixed use community with areas for commercial, a town center, residential, civic and schools. There will be an overall residential density cap of 7,238 residential units which is based on an average of 1 unit per 20,000 square feet, the equivalent to a density of 2.2 units per acre. There are few incompatible land uses occurring in the mainland portion of the Town. These few may however include large houses and multi-unit complexes. Modest homes and rental cottages are being overshadowed by very large, high amenity rental units that take on the appearance of commercial buildings. Because these structures maximize coverage they reduce areas for storm water infiltration and generate high volumes of run-off. The following analysis addresses the mainland portion of the study area and describes the development potential, as influenced by transportation improvements, availability of water and sewer services, housing trends and other factors. An assessment of future development compatibility with the Environmental Composite Map (See Map Appendix X), as evidenced by the designation of Class I, II and III, is offered. It is important to note that this analysis only addresses the compatibility of near-term development with the suitability of the land according to the three classes on the Environmental Composite Map (Appendix A). Development Trends: During the drafting of the update, the nation experienced the worse economic down turn since the Great Depression. The economic boom that the Town and County were experiencing came to a halt. It is anticipated that when the economy turns around development of resort golf courses and large lot residential development in the study area will continue. In addition, new residential subdivisions will continue to develop, spawning retail services and other non-residential development. Replacement of older, smaller residential units, particularly on waterfront lots, with larger units will continue. Planned infrastructure improvements including expanded sewer service and improved access Page 48

59 V. Land Use and Development to the island with the completion of the second bridge will contribute to increasing development within the study area. Potential Conflict with Class II or III Land: Conflict Likely--Most of the study area is classified as Class III land, largely due to poor soil suitability for septic tanks. This limitation is overcome by the installation of a centralized sewage collection and treatment system that is being developed for Oak Island and the study area. For those developments that employ on-site septic systems, some conflicts with the capabilities of Class II land are possible. Regional Growth and Development Issues Within the region surrounding the study area are four municipalities and Brunswick County, each with its own autonomy and unique interests. There also are many regional growth and development issues that transcend the boundaries of individual jurisdictions. Collaborative planning among elective officials and staff members is key to ensure the future health and sustainability of the region. Chief among these are transportation, an International Port (terminal) expansion, natural resource protection/water quality and adequate public facilities and services. The proposed terminal development near Southport will have a major impact on jobs, housing, transportation and the environment in the region. The NC Port Authority has published economic impact calculations for N.C. Ports currently supports about 85,000 jobs and $299 million a year in state and local tax revenues. With international trade projected to double by 2020 and increasing container volumes, the N.C. Ports Authority purchased 600 acres of industrial property on the west bank of the Cape Fear River for a major international container terminal. The Authority has hired an engineering firm to plan, design and construct the new terminal. The NCDOT and FHWA Second Bridge to Oak Island is currently under construction. The bridge and roadway improvements will enhance traffic flow and safety, and aid in evacuation in the event of a hurricane. The anticipated completion date is The County and municipal jurisdictions can work together to address and solve infrastructure needs and other growth related issues. The livability of individual communities or areas is heavily influenced by other jurisdictions. Oak Island has worked effectively in coordinating utility services, specifically sewer service, through coordinated planning and actions. It is important to consider that the future health and sustainability of the region can be enhanced for the various jurisdictions if collaborative planning occurs. Environmental planning is also an area where collaboration is recommended. Page 49

60 V. Land Use and Development Projection of Future Land Needs Methodology There are a number of ways to determine future land use needs in a growing area. Two of the most commonly used methods involve estimates of (1) population growth relative to land consumed and (2) building permits issued relative to land consumed. Given the extreme variability in estimates of seasonal population, Oak Island has chosen to use the building permit method. In choosing this method, there is greater reliability in the data. Town records show, for example, the precise number of building permits issued for residential structures in the Town. In reviewing site plans and subdivision plats, as well as allowable development densities under the Town zoning ordinance, planners are able to estimate the average lot size or units per acre for new development within the three areas of the Town: the Island, Mainland, and the ETJ. The process of determining future land use needs is therefore as follows: 1. Document residential building permits issued annually in recent years by the three areas of the Town. (Table 10 of this plan provides this documentation.) 2. Determine the average annual number of permits issued by area and assess whether these averages are likely to change over the planning period. (These numbers were determined using an arithmetic mean and then adjusting the number based on the Community Development Department s working knowledge of recent trends.) 3. Determine the average gross acreage consumed per residential dwelling unit by each area. (Department review of applications submitted in recent years.) 4. Multiply the number of permits issued annually by the gross acreage required per unit. Multiply this number by five to determine the additional land required per area in five-year increments. Avg # of Res. Permits Table 20 Forecast of Residential Land Needs Avg. # of Dwelling Units Gross acreage required annually Gross Acreage required Gross Acreage required Gross Acreage required Gross Acreage required Total Acreage required Island ,460 Mainland ,000 Total ,460 Page 50

61 V. Land Use and Development Land use information can assist in the development of policies that address land use conflicts, the relationship between land use and water quality, and identify areas where land use is in transition and where in-fill and redevelopment can be targeted. The mainland portion of the study area contains land within the Town s jurisdiction and ETJ as well as the jurisdiction of Brunswick County. Page 51

62 VI. Community Facilities and Town Services VI. Community Facilities and Town Services One important element in a land use plan is the consideration of the carrying capacity of the community s infrastructure to support the population and the seasonal fluctuation of visitors and seasonal residents frequenting the Town. The Town is projected to approach build out of the Island in approximately ten to fifteen years. The infrastructure capacity and its ability to handle the projected growth planned for the Town and ETJ is addressed below. Water Supply The Town operates a water utility that consists of water purchased from Brunswick County along with some treatment of local well water by the Town. Currently, the Town has 6,895 water customers, including those 904 that have sewer service. The Public Utilities Department is in charge of operation and routine maintenance of the distribution system, consisting of 85 miles of pipe, 7,000 water meters, 3,000 valves, two well houses and pump stations, four elevated water tanks and 850 fire hydrants. There are two wells which pump water from the Peedee aquifer at a rate of 200 gpd. Four elevated water tanks have a combined capacity of 1.2 million gallons. According to the 201 Facilities Master Plan, the Town averaged about 118 gallons per capita per day in 2001, and 115 gpd in Due to the peak summer population, the water usage dramatically increases during the summer months. Brunswick County provides potable water service to more than 20,000 residential and commercial customers. The County supplies regular use water to Oak Island as well as other municipalities. According to the water supply plan, sales contracts are classified as unlimited for each of these systems. The County provides sufficient capacity for sales contracts to these water systems. The county states in its CAMA Plan Update that it expects peak day demands to exceed water treatment plant capacity by In order to address capacity, the County plans to upgrade or design and expand the surface water treatment plant to accommodate the need for additional water treatment capacity. The Town has recently enacted a water conservation ordinance that places limits on lawn irrigation, requires controls to prevent excess usage and provides an enforcement mechanism. The ordinance focuses on water conservation, particularly during the summer months when water use is highest. Page 52

63 VI. Community Facilities and Town Services Wastewater Collection and Treatment System The Town operates a wastewater treatment plant (WWTP) with a 400,000 gpd capacity that discharges to an infiltration pond and spray fields. The plant is located on Fish Factory Road, adjacent to the NC Wildlife boat ramp. The plant was upgraded in 2001, with the addition of 6.3 acres of new spray fields in an adjacent pine forest. The storage pond is lined with rubber membrane to prevent leakage. The WWTP also pumps treated effluent to the nearby South Harbor Village golf course. The Southeast Brunswick Sanitary District WWTP is located near NC 133 near the Town of St. James. The plant has a 500,000 gpd capacity activated sludge design. The effluent is pumped to a pond on the St. James Plantation golf course where it is used to irrigate the golf course. The average daily flow for the Plant is approximately 130,000 gpd. Three package wastewater treatment plants (PWWTP s) are located on Oak Island. These include Ocean Greens Arboretum, Caswell Dunes and Dutchman Creek Villas. Dutchman s Creek Villas and Caswell Dunes discharge their effluent to a LPP system and the Oceans Greens Arboretum plant discharges to a trickling sand filter. According to recent inspection reports they all appear to be well maintained. The East Oak Island Water Reuse Facility is a non-discharge system that routes effluent into an infiltration pond or sprays on crops. It is now being used for the Town s Beach Renourishment Project to grow sea oats used by the Beach Preservation Association for plant material on dunes. The treatment plant is currently permitted for a monthly average flow of 400,000 gallons per day. The plant has a sludge management facility with an aerobic digester and holding tank. Septic tank systems are the most common method of wastewater treatment in Brunswick County and Oak Island. Oak Island has approximately 6,708 lots served by septic systems. The Brunswick County Health Department data indicates that approximately 100 septic tanks are replaced every year on Oak Island. This failure rate means that in a five-year period approximately 10% of the septic tank systems will fail and need to be repaired or replaced. Some of the remaining undeveloped lots on Oak Island have limitations as a result of high groundwater or unsuitable soils. These lots are being developed using alternative onsite treatment. Both Basin-wide plans for the study area cite failing septic systems as a source of elevated coliform counts contributing to pollution of waters in and around the Town. The Oak Island 201 Facilities Plan states that construction in the unsewered portions of the Island is continuing. The Town has begun the construction of an island wide vacuum wastewater collection system to replace failing septic systems on the island. The entire Town has been divided into nine service areas, each with a vacuum collection system and a centrally located vacuum station. The nine stations will pump the wastewater to a main lift station (Middleton Lift Station) via a force main. A satellite Wastewater Reclamation Facility will withdraw wastewater from the east pipeline backbone. The wastewater Page 53

64 VI. Community Facilities and Town Services collected at the Middleton Lift Station will be pumped to the West Brunswick Regional Wastewater Treatment Facility for treatment. Phase I provides for three service areas with an average maximum average flow of 1 mgd. The Middleton Lift station will transfer wastewater via a new 20 inch force main to the County s existing 16-inch force main to SR 211. This design situation assumes provision for Phase II provides for six service areas. A connection with a 16-inch force main on SR 211 will be closed, and a new 20-inch force main will transfer wastewater directly from the Town to the West Brunswick Regional Water Reclamation Facility. This system is planned to serve wastewater flows through Construction of a planned 3 mgd expansion to the West Brunswick Regional Water Reclamation Facility is strictly allocated for the Town of Oak Island. The Oak Island Satellite WRF will be located south of Oak Island Drive near 49 th Street adjacent to a Town Park and soccer fields. Connection of the west end of the Town s exiting transmission main to the Satellite WRF will require construction of additional water mains. Once the West Brunswick Regional Water Reclamation Facility is complete, the St. James WWTP will be gradually turned into a pump station and tie into the regional water reclamation facility. Based on recent growth trends, the County states in its plan that it expects the Northeast Brunswick Regional Water Reclamation Facility may require an expansion. The secondary effects resulting from this project are anticipated to be positive in terms of water quality issues. The Town has been practicing water reuse for many years, and recently adopted a Water Reuse System Ordinance and a Reuse Standards Manual. The goal of these steps is to reduce potable water demand and better utilize available groundwater and reduce flows to the Town disposal fields. Reuse water will be used for the irrigation of the Oak Island Golf Course and at selected parks. This project is funded by the Clean Water Management Trust Fund. The Town of Oak Island is also constructing a Satellite Water Reclamation Facility to provide reuse water for irrigation to the Oak Island Golf Course and to Town facilities. The Oak Island Satellite WRF is being sized to provide a sustained flow of 300,000 gpd (0.3 mgd) of reuse water to the golf course and other users. The facility will be expandable in modules up to 400,000 gpd as additional users are connected to the system. Transportation Systems Currently, the N.C. 133 Bridge across the AICWW is the only means of ingress and egress to the island portion of the Town of Oak Island from the mainland and also serves as the only entrance to the Town of Caswell Beach. The existing two and three lane roadway and bridge are currently congested with increasing traffic, causing long delays, high potential for accidents and hampered evacuation routes in the event of a hurricane. The demand is highest during the peak summer months. Page 54

65 VI. Community Facilities and Town Services The NCDOT and FHWA have planned a new roadway and second bridge to Oak Island which is currently under construction, as scheduled in the TIP (See Map 11, Appendix A). This new roadway will widen Middleton Avenue between the Atlantic Ocean and the AIWW and provide a new high-rise bridge over the waterway to the mainland. The improvements will transition the two lane Beach Drive to SR 1190 to five lanes and then to four lanes, undivided, for the bridge over the AIWW to a four-lane divided highway with controlled access to N.C Brunswick County has historically rated the Second Bridge to Oak Island as one of the most important transportation projects in the county. The primary need for the second bridge is based on existing and projected traffic volumes, safety and inadequate highway capacity for evacuation. These are summarized below: Existing and Projected Traffic: The existing NC 133 Bridge over the AIWW is a two-lane bridge carrying 20,300 vehicles per day (VPD) during the summer months. Traffic analysis of these volumes indicates that the facility operates at Level of Service (LOS) F in peak hours during the summer months. Projected traffic volumes on the existing bridge for the year 2025 are 34,300 vpd and on NC 133 closer to NC 211, 39,800 vpd during the summer peak. Existing traffic volumes (1990) range from 8,200 vpd on the two-lane NC 211 west of SR 1500 to 13,200 vpd west of NC 133. Projected volumes range from 41,200 vpd to 53,800 vpd at the same locations. On two-lane Oak Island Drive, existing traffic volumes range from 4,000 vpd on the west end to 19,700 vpd on the east end at NC 133. The traffic volumes at these locations range from 5,900 vpd to 32,600 vpd. During the summer peaks, the traffic flow along the east-west roadways on the island is reduced to levels of service ranging from D to F on both the highway segments and at the intersections. The second bridge to Oak Island will provide additional access to the island to accommodate the increase in development that has occurred over the past decade. The bridge will also quadruple the evacuation capacity for traffic leaving the island during a hurricane. The second bridge will provide an additional evacuation route west of N.C. 133 in the event of a catastrophe at Sunny Point Military Facility or the Brunswick Nuclear Plant. Oak Island, in anticipation of the new bridge, prepared a Corridor Land Use & Development Plan in 1997 which has guided land use decisions relative to the new bridge and corridor. The Town has acquired property along the planned bridge corridor, and has stated its policy to maintain residential zoning at Middleton and Oak Island Drive. There are plans for the construction of an earthen berm along the island side of the bridge corridor for buffering. The Town has also acquired property on three of the four corners of the intersection of Middleton Avenue and Oak Island Drive in order to control land use and prevent commercial development on these parcels. There are no plans to rezone this intersection when the new bridge is constructed. Page 55

66 VI. Community Facilities and Town Services The NCDOT Transportation Improvement Program NCDOT Draft Transportation Improvement Program (TIP) projects that are located within or in proximity to the project study are: R-2245 SR 1104 to NC 211 Second Bridge to Oak Island R-3324 NC 211 to NC 87 at SR 1525 Bethel Road Connector R-3434 NC 211 to US 17 Bypass Upgrade Roadway Special Transportation Needs The Town regularly evaluates the needs of its elderly and handicapped citizens and examines options for assisting with their transportation needs including medical appointments and shopping. The Oak Island Community Resource Center offers shopping trips and transportation to doctor visits for the island s handicapped and senior citizens. The handicapped accessible van is sufficient for current demand. Brunswick County provides a county-owned and operated van service that provides transportation only to eligible kidney dialysis patients to and from dialysis centers. When eligible clients must use out-of-county medical care, gasoline orders are provided for use in privately owned vehicles. Brunswick County Airport The Brunswick County Airport, located within the town limits, provides an important service to the town s residents and visitors. The county airport is designated as a general aviation airport facility, has a 4,000 foot runway, peak summer use is approximately 60 planes per day. Bicycling and Pedestrians In August 1998, an NCDOT Transportation Plan Technical Report was completed for Oak Island. The report addressed a major concern of increasing numbers of visitors and resulting traffic. The report indicated the importance of having bicycle routes and recommended bicycle accommodations along several routes with connections to NC Bicycle Route 3, a cross-state Bicycling Highways route that runs from Virginia to South Carolina. In July 1998, the Town of Long Beach and Brunswick County developed a Corridor Land Use and Development Plan for the Second Bridge to Oak Island. The plan recommends bicycle routes and bikeways be considered as part of an intermodal transportation system that includes pedestrians, bikes and autos. Finally, goals of the NCDOT 1996 Long Range Transportation Plan for Bicycling and Walking include providing bicycle facilities, providing strategies of education, enforcement encouragement, and promoting new ways to advance bicycle safety. The 2006 Oak Island Bicycle Transportation Plan contains goals, policies and strategies as follows: Page 56

67 VI. Community Facilities and Town Services Promote safe and effective bicycling in Oak Island for all types of resident and tourist cyclists to promote the safe interaction of motorists and cyclists. Reduce traffic congestion by creatively investing in attractive, convenient, and safe means for bicycle travel, and improving bicycle facilities. Develop a system of designated island bicycle routes to connect destination points. Create a bikeway network as an integral part of the transportation system that provides an alternative means of transportation as well as recreation opportunities. Provide a system of safe and appropriate bicycle facilities and amenities for bicyclists. Increase public awareness and education initiatives to promote the legal rights and responsibilities of bicyclists. Improve the quality of life for Oak Island residents. The planning process, together with the public involvement activities, resulted in a vision statement for the Bike Plan that follows: Create a safe and effective system of bicycle facilities that links together existing resources and destinations, allows for safe interaction between bicyclists and motorists, supports alternatives to automobile travel, increases recreation opportunities, and provides improved options for advancing the community s mobility, health, quality of life, and attractiveness to tourists. Access Facilities The Town has 68 beach accesses, all of which have bike racks. Most of the bike racks have been provided by the Oak Island Beach Preservation Society. The Town has sought bike paths to accompany road improvements as follows: The corridor road running from Highway 211 to the new Intracoastal Waterway Bridge will have a 4 shared shoulder on the east and west side for bicycle traffic. The Intracoastal Waterway Bridge will have a 6 offset on the east and west side with a bicycle safe rail. The Davis Canal Bridge will have an 8 offset on the east and west side that can be used for bicycle traffic. There will be a sidewalk on the east side of the bridge. The existing sidewalk along Middleton Avenue between Beach Drive and Oak Island Drive will also be replaced. Page 57

68 VI. Community Facilities and Town Services Oak Island has several bike trails identified below: Heron Loop Trail #1 Scenic Walkway Loop Trail #2 Heron Loop Trail #2 Register Park Loop Trail #1 Dolphin Drive Trail #1 Register Park Loop Trial #2 Dolphin Drive Trail #2 Crab Dock Loop Trail #1 Scenic Walkway Loop Trail #1 Crab Dock Loop Trail #2 Stormwater Systems In 1972, the National Pollutant Discharge Elimination System (NPDES) program was established under the authority of the Clean Water Act. Phase I of the NPDES stormwater program was established in 1990, requiring NPDES permit coverage for large or medium municipalities that had populations of 100,000 or more. Phase II of the NPDES Stormwater program was signed into law in December This regulation builds upon the existing Phase I program by requiring smaller communities with municipal separate storm sewer systems (MS4s), to be permitted. In North Carolina, the NC Department of Environment and Natural Resources (NCDENR) Division of Water Quality (DWQ) is responsible for implementing the permitting program. DWQ issued to the Town of Oak Island an NPDES stormwater permit (Permit No. NCS000455), effective March 1, 2007 and expiring at midnight on February 28, This permit authorizes the discharge of stormwater from the Town MS4 to receiving waters of the State, within the Lumber and Cape Fear River Basins. The permit requires the development and proper implementation of a Stormwater Management Plan. The purpose of the Stormwater Management Plan is to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. The jurisdictional town boundaries currently encompass approximately square miles. There are storm drainage features throughout the area, so the MS4 area coincides with the jurisdictional area. There are 127 stormwater discharge locations identified within the Town of Oak Island, 59 of which discharge into the Davis Canal. A few of these are point discharges, but most are sheet flow discharges from the streets leading to the canal. The largest point discharge is located at the intersection of E. Pelican Drive and SE 40 th Street. Stormwater that drains to the ditches on Pelican Drive discharges into the Davis Canal. There is a series of pipes and Page 58

69 VI. Community Facilities and Town Services ditches leading to 10 discharges into ponds located between SE 59 th Street and SE 71 st Street. Pipes and ditches leading to the Intracoastal Waterway convey the remaining discharges. Most of these discharges are 100 to 200 feet short of the waterway, thus providing some vegetative filtering before discharging into the waterway. There are 167 drop inlets, most of which are located at the eastern end of the Town, in the former Town of Yaupon Beach. Also, in the eastern part of the Town are two manholes located on McGlamery Street, which are for maintenance of an 18-inch HDPE pipe conveying stormwater to the marsh adjacent to the Intracoastal Waterway. The Town has approximately 13.3 miles of storm drainage pipe, including road culverts, and 19.7 miles of designated storm drainage ditches. The Stormwater Management Plan (SWMP) is designed to reduce the discharge of pollutants from the Town of Oak Island to the maximum extent practicable (MEP), to protect water quality, and satisfy the appropriate water quality requirements of the Clean Water Act. The Town s SWMP is based upon six elements, that when implemented together, are expected to achieve our goal of reducing the discharge of pollutants into receiving water bodies. The six elements are listed below. Public education and outreach Public involvement and participation Illicit discharge detection and elimination Construction site runoff control Post-construction stormwater management in new development and redevelopment Pollution prevention / good housekeeping for municipal operations The Town of Oak Island established a Stormwater Fund as an enterprise fund to provide for stormwater programs for the benefit of Oak Island citizens, property owners and visitors. The principal source of revenue for the Stormwater Fund and the permit required programs is provided from stormwater program fees. Effective July 1, 2001, the following stormwater fees were established by resolution by the Town council Residential Property $2.50 per month Commercial Property $7.50 per month Solid Waste Disposal and Recycling The Town of Oak Island collects solid waste from residential units within the Town. The Town picks up brown and white goods as well as yard debris. The Town also provides curbside recycling. There is no County trash collection by the Town. The Town provides commercial waste collection, and private waste collection services. Page 59

70 VI. Community Facilities and Town Services Fire, Police and Emergency Services The mission of the Oak Island Fire and Rescue Department is the prevention, the detection and the suppression of fires; the preservation and protection of life and property from and during such fires or other emergencies as may occur in the Town of Oak Island. The Oak Island Fire and Rescue Department is a combination department that consists of volunteer and 30 paid career personnel. The Department s responsibilities include fire suppression, fire protection of life and property, response to medical emergencies (EMS) and response to other public health, safety and welfare conditions that threaten the Oak Island community. The Department is also involved in the community with fire protection pre-planning activities and community education. The Department s response district includes approximately square miles encompassing some 8 miles of beaches, totals 12.6 miles in length and averages 1 mile across. The insurance fire protection rating for the Town of Oak Island is 5.0, for all areas within the town limits. This rating was assigned after a 2001 Response Rating Survey by the North Carolina Department of Insurance. This rating was achieved based on many factors such as water supply, communications, and training. The main fire station is located at 101 E Oak Island Dr. The Fire Department s equipment inventory includes the following: Pumper equipped with a 1250 GPM pump and a 500-gallon tank. Its special capabilities include foam fire suppression, a 6000lb breathing air system, a light tower, a new Thermal Imaging Camera, and vehicle rescue equipment. Pumper equipped with a 1250 GPM pump and a 1000-gallon tank. Its special capabilities include foam fire suppression, a gas monitoring device and a Thermal Imaging Camera. Pumper equipped with a 1250 GPM pump and a 1000-gallon tank in reserve at the airport and ready for use Grumman 55 Ladder Truck equipped with a 1250 GPM pump and a 750-gallon truck. Platform Truck equipped with a 1500 GPM pump and a 500-gallon tank. Its special capabilities include its length, which allows for elevated stream use and various rescue capabilities. Quint 75 Ladder Truck equipped with a 1250 GPM pump and a 500-gallon truck. Engine/Rescue Truck equipped with life rescue equipment primarily for motor vehicle accidents 2 ALS Ambulances capable of advanced life support functions Page 60

71 VI. Community Facilities and Town Services The Police Department protects the lives and property of both the citizens of the community and of those who visit and work in the community. Major functions include maintaining the peace, enforcing local, state and federal laws, preventing and investigating crime and providing public education. The Department serves in partnership with the community to safeguard lives and property and maintain order. The Department is responsible for the development and delivery of public safety programs and services. The Chief is supported by a Lieutenant and 24 full-time officers assigned to three divisions; Patrol, Investigations, and Communications. The Department patrols approximately 9 square miles of island, which includes some 8 miles of beaches. The Patrol Division is made up of four patrol squads, ATV Beach Patrol, and the Bike Team. Each squad has a Sergeant and three officers. During a twelve-hour shift officers are assigned to each of the three patrol zones. During the year 2003, the Patrol Division responded to 2608 calls for service and investigated 147 motor vehicle accidents. The Bike Team has eight members from all divisions of the Department, who patrol the Town during the warm season and at special events. The ATV Beach Patrol is made up of officers from all divisions within the Department, who patrols the nine miles of beach in the Town throughout the year. The Investigations Division is responsible for the investigation of all crimes that are committed on Oak Island. The Communications Division is responsible for all aspects of information services and resources necessary to support the Oak Island Police Department in its public safety mission. The Communication Center is staffed 24 hours a day by a trained telecommunicator. The Division is made up of a Communication Supervisor, four full-time and three part-time telecommunicators. Each telecommunicator is trained in house by the senior telecommunication staff. Emergency Community Communications provides dispatch service of Oak Island public safety agencies including Police and Fire/EMS. The Department also dispatches Caswell Beach Police, Oak Island Water Rescue Station 44, and receives 911 emergency calls as well as non-emergency calls for service. Animal Control administers the Town s animal control program including the enforcement of the Animal Control Ordinance and providing direct assistance to citizens concerning animal control issues. The Animal Control Officers are trained to handle a variety of issues. The Town also maintains a small holding area in support of animal control activities. Additionally, a dog park is located on Town property at Templeton Park. The Town also has a contract in place with Oak Island Rescue Station 44 to provide water rescue services to the area. The Water Rescue Unit has 3 watercraft and 18 volunteer members. Most of the funds to support this organization come from the Town and Brunswick County. Oak Island Rescue Station 44 responds to approximately 50 to 60 calls for assistance per year. Page 61

72 VI. Community Facilities and Town Services The Town of Oak Island is also party to several mutual aid agreements with local and county agencies that provide support should Town emergency services be overwhelmed. The mutual aid agreements provide an even greater level of security for both residents of the Town and the surrounding communities. Schools There are no Brunswick County Schools located within the project study area. The closest public schools include Southport Elementary, South Brunswick Middle and High School all of which are located in Southport, North Carolina. There are three private schools also located in Southport. The private L&L Montessori School is located in the Town limits of Oak Island. Parks and Recreation The Recreation Department programs and oversees a wide variety of both outdoor and indoor recreational activities. The programs, facilities and services are available for recreational activities for persons of all ages and abilities. Departmental staff is responsible for the development, implementation and evaluation of all municipal recreation programs. The Department Director serves as staff advisor to Town Council as well as a variety of town advisory boards, including the Parks and Recreation Advisory Board, the Community Resource Center Advisory Board and is instrumental in ensuring the continued vitality of the Town s Turtle Watch program. The Town s Community Resource Center operation and programs are also a part of the Recreation Department s responsibilities. The Department operates the Oak Island Ocean Education Center, which provides information about sea turtles and other marine life as well as exhibits and programs. Other facilities include the Oak Island Skate Park, the Nature Center, and 25 Town Parks. The Department maintains and operates 25 parks that range in size from several acres to mini-parks. These facilities are summarized below: Commissioner s Park is handicap accessible and has a beach viewing area Mercer and Ocean Dr. is handicap accessible and has a beach viewing area May Moore Park is handicap accessible Malcolm Register Park is handicap accessible Cabana is handicap accessible and has a beach viewing area West 57 th Place is handicap accessible and has a beach access ramp SE 25 th Beach Access is handicap accessible SE 40 th Beach Access is handicap accessible Page 62

73 VI. Community Facilities and Town Services SE 50 th Beach Access is handicap accessible The Point is handicap accessible Memorial Park is handicap accessible Yaupon Park New Teen Center Bill Smith Park South Harbour Golf Links Community Resource Center Waterway Park Scenic Trail 30 th Place West Canoe Dock Tidal waves Park and Canoe Dock Davis Creek 55 th St. Launch Ramp Middleton Park Middleton Park Extension Heron Lookout Nature Center Environment Overlook Trail 78 th St. Crab Dock 57 th Place West Access Park The Town has provided extensive access to the water with 67 public access sites that range from simple walkways to handicap accessible dune walkover structures. Some of the access sites include public parking spaces, with an estimated 885 total parking spaces. Of these 885 parking spaces, 87 spaces are restricted for residents only. These restricted spaces are not part of the DCM grant funded spaces. Handicap Accessible Beach Accesses Handicap Accessible Facilities SE 25 th Street Commissioner s Park beach viewing area SE 40 th Street May Moore Park SE 50 th Street Mercer and Ocean Drive beach viewing area The Point West end of Beach Drive Cabana beach viewing area West 57 th Place Memorial Park 52 nd and East Yacht The existing facilities are heavily used, particularly during peak season. Many facility additions and improvements could help to improve recreation on the Island. Some of the Page 63

74 VI. Community Facilities and Town Services recommendations from the public include: senior center, more sports facilities, indoor tennis, indoor pool, skating rink, a building for cultural events, outdoor concerts (band stand) and cultural venues. Public Utilities The Public Utilities Department is responsible for the upkeep and maintenance of the Town s water and wastewater treatment systems and facilities. Water system activities include distribution system and elevated tank maintenance, upkeep of municipal wells and equipment, installation of taps, meters and vaults, hydrants testing and flushing and the implementation of system maintenance, lift station maintenance and the implementation of sampling and testing programs to determine continued compliance with NPDES permit requirements. Input and oversight regarding water and wastewater system expansion and contract administration and monitoring are other key departmental functions. The Department Director serves as staff advisor to town council and other advisory boards on water and wastewater issues. Several private companies provide services to Oak Island such as electricity, phone, and cable services. Public Works Department The Public Works Department is responsible for the Town s street and infrastructure maintenance program, storm drainage and erosion control activities, solid waste management and recycling programs, facilities management, dune maintenance program, street lighting program and public works projects, as necessary. The Department Director has supervisory responsibility over Central Maintenance, which provides fleet maintenance and town equipment and machinery, including fixed and portable generators. In addition, the Director serves as staff advisor to the town council as well as a number of advisory boards, including the erosion control and beach preservation committees. Planning and Community Development Department The Planning and Community Development Department is responsible for all aspects of the development activity that occurs inside the Town s jurisdiction. The Department reviews plans for development, issues building permits, enforces all Town ordinances and codes and creates and reviews all planning and development documents. The Planning and Development Services Department is a one-stop for all residents and developers interested in building projects in Oak Island. The department provides services such as construction consultations and an on-staff arborist available for the public at no cost. As with all plans adopted by the Town, the Community Development Department will monitor the progress Page 64

75 VI. Community Facilities and Town Services of the Hazard Mitigation Plan to ensure the activities carried out under this plan are consistent with the CAMA Land Use Plan. Administration and Customer Service The Town Administration and Customer Service related departments are staffed by a number of well-trained employees dedicated to efficiently managing Town operations. Both the Administration and Customer Service Departments provide assistance to residents and visitors with any issues that arise. Community Advisory Committees Volunteers and community involvement are critical to the wellbeing of a community. In order to tap the expertise of local residents, several committees have been formed to advise and in some cases make rulings on various issues that arise in the Town. The committees and boards are listed below. Alcohol Beverage Control Board Animal Control Hearing Board Beach Preservation Trust Fund Advisory Board Board of Adjustments Capital Improvement Committee Community Resource Center Advisory Board Estuarine Shoreline Stabilization Committee Parks and Recreation Advisory Board Planning Board Stormwater Advisory Board Tree City USA Advisory Board Ocean and Estuarine Access Plan Steering Committee Oak Island Business and Tourism Commission Ad-Hoc Aquatics Center Committee Non-Governmental Organizations Oak Island s Beach Preservation Society has over 200 member volunteers who assist with beach preservation activities including dune planting and maintenance, educating the public about beach preservation, sponsorship of 67 beach accesses through the Adopt-a-Beach access program, actively lobbying legislators for beach issues, and a variety of other beach activities. Page 65

76 VI. Community Facilities and Town Services The Oak Island-Southport Chamber of Commerce is also involved in our area. The Chamber sponsors many events throughout the year to promote the area as well as assist local businesses and governments in promotion of activities. Other community agencies, such as churches, businesses, and private organizations assist in community activities that benefit both residents and visitors. Page 66

77 VII. Land Suitability Analysis VII. Land Suitability Analysis Land Suitability Analysis (LSA) is required in Section.0702 (c)(f) of CAMA, in order to help determine the availability of suitable land for development. This LSA model is intended to provide planners and the steering committee with information concerning the areas best suited and least suited for development. The LSA model uses GIS data from state and local data sets to classify land using a rating system based on a number of factors. The data used, and results of the Land Suitability Analysis, are presented in Appendix A. No weights were changed or adjusted when running the LSA model for Oak Island. The model divides the planning study area into one-acre grids. Each one-acre grid is measured for suitability based on any development occurring within the grid, whether or not the site has available infrastructure, proximity to existing development or if there are identified coastal resources located on the parcel, such as wetlands. The model assigns a ranking to the various factors that then determine the suitability of the land for development. The model classifies land into one of the following classifications: Least suitable Low suitability Medium suitability High suitability The factors considered in the model follow: Beneficial non-coastal wetlands have low suitability Coastal wetlands are least suitable Protected lands are least suitable Estuarine waters are least suitable Storm surge areas have low suitability Flood zones have low suitability Areas within 500 feet of a Significant Natural Heritage Area have low suitability HQW/ORW Watersheds have low suitability One half-mile from Primary Roads have high suitability Areas outside one-mile of primary roads have low suitability One-half mile of developed land has high suitability Areas within one-half mile to a mile have medium suitability Areas greater than one-mile away have low suitability The standards for sewer lines and water lines follow: Areas within a quarter-mile have high suitability Areas within a quarter-mile to one-half mile have medium suitability Areas greater than a half-mile have low suitability. Page 67

78 VII. Land Suitability Analysis The LSA Model was not designed to determine the suitability of development for individual parcels, but rather as a planning tool, to assist Town officials and the Steering Committee in their decisions regarding the appropriateness of development. Despite the small size of the parcels in the Town of Oak Island, an assessment of the current state of development is possible using the model, as the Development was updated based on 2005 aerial photography. Each one acre grid was assessed qualitatively and assigned a value based on buildings or development visible in the aerial photograph. The GIS maps and environment composite maps help to establish a baseline of quantified coastal resources which can assist the community in evaluating its policies and the efficacy of its regulations over time. The Land Suitability Map shows areas of Medium Suitability or High Suitability rating following along the NC 133 corridor across the bridge to the beach. This area extends westward on the island approximately one mile and to the Town s eastern boundary at the golf course (Collectively, these two categories represent those parts of the Town most suited for development.) Another area of high suitability is contained within St. James near the northern portion of the municipality. A relatively large area of medium suitability follows the NC 211 corridor, starting at the intersection of the new bridge and NC 211 west to the western boundary of the study area. It is important to note that the Land Suitability Map takes additional factors into consideration, such as proximity to roads and utilities, making some areas more suitable than others. Table 19 summarizes the Natural Features that have been mapped. Oak Island Environmental Composite Class Acreages Summary Types of Classes Acres % of Total Class I 9,104 47% Class II 8,215 42% Class III 2,068 11% TOTAL 19, % Page 68

79 VII. Land Suitability Analysis Table 21. Summary of Natural Features Inventory Natural Features and Environmental Conditions Town of Oak Island (Acres) Oak Island Extraterritorial Jurisdiction (Acres) Study Area (Acres) Total area 19,387 12, Exceptional Wetlands Exceptional Coastal Wetlands Exceptional Non-Coastal Wetlands AE Flood Zone VE Flood Zone Hurricane Storm Surge Cat 1& Hurricane Storm Surge Cat 1&2(%) 20% 49% 12% Hurricane Storm Surge Cat 1,2& Hurricane Storm Surge Cat 1,2&3(%) 33% 68% 27% Hurricane Storm Surge Cat 1,2,3,4& Hurricane Storm Surge Cat 1,2,3,4&5(%) 48% 88% 61% Inlet Hazard Area There are no designated historic or cultural sites within the project study area. Page 69

80 VIII. Review of Current CAMA Land Use Plan VIII. Review of Current CAMA Land Use Plan The purpose of this section is to review and evaluate the current land use plan and the implementation of policies contained in the plan. The CRC certified the Oak Island Consolidated Land Use Plan in March Prior to the merger of the Towns of Yaupon Beach and Long Beach each municipality adopted CAMA Land Use Plans. The Oak Island Plan consolidates the planning research and policy development of plans approved in 1998 for Yaupon Beach and in 1999 for Long Beach. Even though the plans were different in format, they provided similar strategies for managing coastal resources. The key difference in the two plans is the policies that relate to sewer service. At the time the plans were adopted, Yaupon Beach provided centralized wastewater collection and treatment services to properties within the town and the policies reflect the availability of service. Long Beach had no sewer service and its policies contain plans to provide this service. The Steering Committee reviewed and assessed the implementation and effectiveness of the policies in achieving the plan goals. It was determined that nearly eighty-five percent of the policies were implemented and were effective in achieving the goals of the plan. Approximately ten percent were in various stages of implementation, or were partially implemented, while only 5 percent had not been implemented or were not successful in helping to achieve the plan s goals. Page 70

81 VIII. Review of Current CAMA Land Use Plan Policy Implementation Schedule YB relies on 15A NCAC 7H minimum use standards for protection of AEC s. Emphasis placed on beach renourishment, dune protection, coastal wetlands, and water quality Continuing activity YB supports actions to reduce stormwater runoff YB will regulate development within flood hazard to minimize potential loss of life and property YB will cooperate with USCOE in regulation and enforcement of 404 wetlands permitting YB will coordinate development area within hazard areas with CAMA and USCOE Continuing activity Continuing activity YB opposes the construction and usage of package treatment plants YB supports regional approach to solid waste disposal and recycling and waste reduction Through its local sewer use Continuing activity. ordinance, the town requires all producers of domestic sewage to be connected to the town s central sewer system. See 1999 Consolidation Document page 3 #5. Amended Long Beach Package Treatment Plant Policy and Subdivision Regulations Sec Utilities (c) Package treatment systems Chapter 30 Utilities Sec 30 YB will educate citizens and Continuing activity set up town-wide recycling, and implement regional composting study Page 71

82 VIII. Review of Current CAMA Land Use Plan Policy Implementation Schedule YB will enforce the The town will rely on its Continuing activity. following policies to govern zoning ordinance to control floating homes and marina development. Marinas are considered to be any the development of marinas or dry stack storage facilities publicly or privately owned dock constructed to accommodate more than ten boats, as defined by 15A NCAC 7H.208(b)(5) YB opposes the location of floating structures in all public trust areas, and estuarine waters. Floating structures are defined as any structure or vessel used, designed, and occupied as a permanent dwelling unit, business, office, or source of any occupation or any private or social club, which floating structure is primarily immobile and out of navigation or which functions substantially as a land structure while moored or docked on waters within town jurisdiction. The town supports marina construction with 30 or fewer slips which comply with 15A NCAC 7H.208(b)(5). YB flatly opposes the establishment of mooring fields YB opposes the development of sound and estuarine islands. However, the town understands that in some cases the development YB will adopt a local ordinance to regulate floating homes. See 1999 Consolidation Document page 16 The Town s policy prohibiting floating homes is more restrictive than the CAMA use standards. See 15A NCAC 7M.0600 Zoning Sec Definitions Marina Sec Special Provisions for Conditional Uses (26) Marinas See also 15A NCAC 7H.0208 (a) (1) and (b) (5) Note 2: The zoning ordinance on its face does not appear to be consistent with (a) and (b), but is the intent accomplished with (26) d and h YB will rely on 15A NCAC 7H to regulate the establishment of mooring fields. The town will consider establishing extraterritorial jurisdiction within the marsh and island areas lying between the town and the SCHEDULE: FY Note 1: Since South Harbor Marina was permitted prior to annexation, and Blue Water Point Marina and Dutchman Creek Marina were built prior to adoption of the ordinance, would (26) g apply? There is not a separate ordinance regulating floating homes. Continuing activity. See 15A NCAC 7H.0208 (b)(10) (A) & (B). FY Zoning Sec OS open space district. Sheep Island exchange completed. Page 72

83 VIII. Review of Current CAMA Land Use Plan Policy Implementation Schedule of sound and estuarine islands located in YB may be permitted under 15A NCAC 7H minimum use standards. LB Development on privately owned sound and estuarine islands within the planning area will be controlled by the Town s zoning ordinance and other building and development regulations with the objectives of protecting fragile environments and habitats, minimizing hazards to people and property, and ensuring availability of essential services. YB supports the careful regulation and control of the location and development of manmade hazards. YB is opposed to the establishment of toxic waste dumps sites within Brunswick County. Intracoastal Waterway. Within this area, the town will oppose any construction on sound or estuarine islands. The town also opposes any placement of signage in marsh and island areas. YB will develop an ordinance to regulate development of estuarine islands located in the town s planning jurisdiction. YB will develop an ordinance to regulate development of estuarine islands located in the town s planning jurisdiction. YB will support the technical requirements and state program approval for underground storage tanks (Chapter 40 of the Code of Federal Regulations, Parts 280 and 281), and any subsequent state YB will rely on its zoning ordinance to regulate the location of hazardous waste within its planning jurisdiction Notes: ETJ All sound and estuarine island s zoned OS Regulatory signage FY Continuing activities. Continuing activities. With the exception of bulk YB will support the Continuing activities. Page 73

84 VIII. Review of Current CAMA Land Use Plan Policy Implementation Schedule fuel tanks used for retail technical requirements and sales, and individual heating state program approval for fuel storage tanks, YB opposes the bulk storage of manmade hazardous materials within its jurisdiction. underground storage tanks (Chapter 40 of the Code of Federal Regulations, Parts 280 and 281), and any subsequent state regulations concerning underground storage tanks adopted during the planning period. LB Maintain Up-to-date Continuing activities. Emergency Response Plan. LB Second Bridge for Continuing activities Timely Evacuation LB Airport Expansion Continuing activities While Brunswick County Airport is outside the Long Beach Planning Area, the facility provides an important service to the town s residents and visitors. Therefore the Town supports upgrades and expansion of this facility. It is YB policy to reserve its ocean hazard areas. YB supports beach renourishment and relocation as the preferred erosion control measures for ocean hazard areas. YB will apply for all available federal and state funds to accomplish beach renourishment. YB will enforce its Building Code to require removal of damaged structures located in ocean hazard areas. YB will rely on the enforcement of 15A NCAC 7H by the Division of Coastal Management for protection of its ocean hazard areas. YB will seek funds when available Continuing activities Continuing activities See 1999 Consolidation Document page 4 #6. Add Ocean Hazard Policy to Yaupon Beach Plan which is the same as LB Public Improvements, i.e. water and sewer. Continuing activities YB supports the YB will, in part, rely on Continuing activity, Adopt Page 74

85 VIII. Review of Current CAMA Land Use Plan Policy Implementation Schedule preservation of water quality in its estuarine and public trust waters. enforcement of 15A NCAC 7H by the Division of Coastal Management to protect estuarine and public trust waters. YB will prepare a stormwater control ordinance designed to reduce stormwater runoff into estuarine and public trust waters. ordinance FY YB supports preservation of its coastal wetlands. YB supports protection of its estuarine shoreline areas and preservation of its scenic views of the coastal wetland areas adjacent to its jurisdiction. YB supports the reduction of stormwater runoff into estuarine and public trust waters. However, this should not be construed to prohibit spray irrigation of treated effluent by the Town of YB. YB supports elimination of the stormwater drainage problems discussed on page I-35. YB supports the construction of drainage YB will rely on the enforcement of 15A NCAC 7H by the Division of Coastal Management. YB will rely, in part, on the enforcement of 15A NCAC 7H by the Division of Coastal Management to protect its estuarine shoreline areas. YB will rely on its zoning ordinance to regulate the use of land within its estuarine shoreline areas. YB supports state stormwater runoff criteria applicable to land development. (Stormwater Disposal Policy 15A NCAC 2H ) The Town of YB will review all local land use related ordinances to determine what, if any, amendments should be made to reduce stormwater runoff. The Town of YB will continue to seek assistance Continuing activity Continuing activities FY FY FY Page 75

86 VIII. Review of Current CAMA Land Use Plan Policy Implementation Schedule ditches to facilitate stormwater drainage. of the state prison farm system in both the construction and maintenance of drainage YB is concerned with stormwater runoff damaging its sensitive coastal environment. The town will support actions to reduce the volume of stormwater runoff. This policy shall not be construed to prohibit spray irrigation of treated effluent by the Town of YB. According to the NC Division of Archives and History, there are no known historic or archeological sites in YB. However, the town will support continuing efforts to identify historic/archeological resources. LB The Town will coordinate with the NC Division of Archives and History to protect any known historic or archeological resources in the shoreline area. The Town of YB supports bulkhead construction in its estuarine shoreline areas. YB will review all local building and land use ditches YB will prepare a stormwater control ordinance designed to reduce stormwater runoff into estuarine and public trust waters. Ordinance review on-going for compliance with NPDES Phase II. Public Works Department constructs and maintains drainage ditches supported by stormwater fee adopted FY The town will coordinate all redevelopment or public works projects with the NC Division of Archives and History to ensure the identification and preservation of significant archeological sites. The town will coordinate all redevelopment or public works projects with the NC Division of Archives and History to ensure the identification and preservation of significant archeological sites. The Town of YB will rely upon 15A NCAC 7H to regulate bulkhead construction areas. Ordinance review will be the responsibility of the YB Adopt ordinance FY Continuing activity. Shipwreck moved to Barbee Blvd next to library Archeological site identified and preserved on 105 acre spray field site. Continuing activity. Continuing activity FY Page 76

87 VIII. Review of Current CAMA Land Use Plan Policy Implementation Schedule related ordinances to establish setback standards, density controls, bulkhead restrictions, buffer vegetation requirements, and building designs which will facilitate the movement of structures. Board of Commissioners with the support of the planning board. YB will support bulkheading to protect its estuarine shoreline areas from intruding water resulting from rising sea level. YB does not oppose offshore exploratory drilling for oil or gas, etc. LB The Town fully supports a ban on offshore frilling and will oppose the issuance of new leases for offshore drilling. The Town of YB supports the NCDWQ Management s goals for surface water quality management. Identify and restore the most seriously impaired waters in the basin. Protect those waters known to be of the highest quality or supporting biological communities if special importance. Manage problem pollutants, particularly nutrients, BOD and sediment and fecal coliform, on order to correct YB will rely upon enforcement of 15A NCAC 7H by the Division of Coastal Management to regulate bulkhead construction Other than the prohibition of industrial land uses within YB by the town s zoning ordinance, the town will rely on appropriate state and federal agencies to enforce this policy. LB supports a ban on offshore drilling The Town of YB will review all local ordinances to determine what, if any, revisions should be made to reduce the potential for impairment of water quality. Such revisions may include but not necessarily be limited to: Reduction of the construction of impervious surfaces; Provision of vegetative buffers along estuarine shorelines; Requiring retention and/or detention pond facilities FY Continuing activity. Continuing activity FY Page 77

88 VIII. Review of Current CAMA Land Use Plan Policy Implementation Schedule existing water quality problems and to ensure protection of those waters currently supporting their uses. It is the Town s policy to encourage a regional approach to the planning for the new bridge corridor, which includes Long Beach and Brunswick County, to develop and implement corridor plans. In addition, the Town will support planning concepts contained in the report Second Bridge to Oak Island: Corridor Land Use and Development Plan. The Town will encourage the NC Department of Transportation to implement the Oak Island Thoroughfare Plan. The key project in this plan is improvement to East Oak island Drive It is Long Beach s policy to recognize bicycles as an alternate transportation mode and to implement a bikeway system to make bicycling safer and more convenient. The bike system will include bike paths, bike lanes, and shared roadways., Both County and Town, zoning, ordinances, and project reviews, incorporate the planning concepts contained in the Second Bridge to Oak Island Corridor Land Use and Development Plan, as amended by the Brunswick County/ Town of Long Beach Joint Corridor Plan Steering Committee July 22, widen East Oak Island Drive to three lanes from 29 th to Middleton 2.bike path on West Beach Drive. Also recommended: 1.widen Long Beach Road to five lanes 2.widen 211 from CP&L bridge to Midway Road to four lanes 3. Widen Dosher Cutoff Bypass to four lanes. The recreational trails and map that illustrates them needs updating Continuing activity 1 and 2 have been completed as recommended Some progress is being made on #2. 1 and 3 have not been implemented. Continuing activity Page 78

89 VIII. Review of Current CAMA Land Use Plan Policy Implementation Schedule The Town will work cooperatively with the NCDOT to include bike The Town advocates approval of the second bridge project by the FY facilities when roads on Oak NCDOT. Island are upgraded. The Town will also encourage a bicycle network in conjunction with the Second Bridge and the access corridor on the mainland. The Town will encourage developers of new subdivisions to include bike facilities and to tie them to the community-wide system. The Town will develop a program to install bike racks at parks, public access points, and at other major destinations. The Town recognizes that the ability to walk in a community is the embodiment of the small town character. Therefore, Long Beach will continue to develop a sidewalk system in the community The Town will encourage developers of major properties and new subdivisions to include sidewalks. These sidewalks will ultimately connect to the community-wide system. The Town will review ordinances. The Town will review projects Develop Bike and Ped Plan Oak Island encourages developers of major properties and subdivisions to include sidewalks. Continuing Activity Continuing Activity Seek state funds Continuing Activity Page 79

90 IX. Land use and Development Goals IX. Land Use and Development Goals The plan goals provide the overall direction and purpose for the framework of the plan. The goals can also serve to evaluate the effectiveness of the plan over time. The following goals address the key aspirations and concerns of the community that have been expressed during the planning process. The public involvement process included a review of emerging issues and conditions, identified through input from two public workshops, a citizen s survey, numerous Steering Committee Meetings, and a review of the previous plan policies. The following goals were formulated through input from the public involvement process described above, and from the Town staff, the Planning Board and Town Council: 1. Acquire, maintain and improve public access and associated facilities to the beaches and estuarine waters of the Town of Oak Island in order to promote recreational opportunities for all. 2. Adopt and apply policies that support land uses which enhance, protect, maintain and preserve natural resources, fragile areas, and small town character. 3. Ensure that public infrastructure is appropriately sized, located, maintained and managed throughout the community. 4. Protect public health and safety from the damaging effects of hurricanes, severe weather, and other natural hazards. 5. Improve, maintain and enhance the water quality and natural environment surrounding the Town of Oak Island. 6. To provide recreation and community services in the broadest possible scope to meet the recreational, cultural, and human service needs and interests for people of all ages and abilities. 7. The Town will support safe, efficient, reliable, and environmentally sound transportation to serve residents and visitors. 8. Improve and maintain a healthy beach, inlet and waterway system for Oak Island residents, property owners and visitors. Page 80

91 X. Policies X. Policies The CAMA Land Use Planning Guidelines require that certain policy categories be organized under five management topics: (a) Public Access, (b) Land Use Compatibility, (c) Infrastructure Carrying Capacity, (d) Natural Hazard Areas, and (e) Water Quality. A sixth topic area, called Local Concerns allows the local government to address other growth and development issues that may not be covered under the first five topics. In the case of the Oak Island Land Use Plan, additional categories have been added to address specific areas of community concern as shown below. Organization of the Policies PUBLIC ACCESS Public Access Policies LAND USE COMPATIBILITY POLICIES Residential Development Policies Commercial/Corridor Development Policies Policies to Conserve Natural Resources, Trees and Environmentally Sensitive Lands AEC Policies Ocean Hazard Policies Marinas and Floating Home Policies INFRASTRUCTURE CARRYING CAPACITY Energy Facility Policies Water and Wastewater Service Policies Capital Improvement Plan Policies Transportation System Policies NATURAL HAZARD AREAS Natural Hazard Area Policies WATER QUALITY Water Quality Policies LOCAL CONCERNS Recreation Policies Beach, Inlet and Waterway Management Policies Listed below are definitions of the terms used that indicate Oak Island s commitment to the policies: Page 81

92 X. Policies Adequate: Allow/permit: Control: Discourage: Encourage: Endorse: Enhance: Limit: Maintain: May: Preferred: Prohibit: Promote: Protect: Pursue: Require: Shall: Should: Significant: Support: Will: sufficient to achieve intended purpose authorize, let something happen to regulate or direct to not favor; to dissuade to favor or foster to approve of an action to raise to a higher degree; intensify or improve to bound, maintain or reduce to keep and preserve in existing conditions provides the option, but not required among alternatives, the favored course not allowed; period to proactively encourage, positive steps to guard against a deterioration of a desired state to find measures to accomplish or obtain to mandate something mandatory, not optional ought to, if no valid reason not to important, as determined by impact to shore up; may imply financial support may be expected or supposed to Page 82

93 X. Policies Public Access Policies CAMA Management Goal Maximize public access to the beaches and the public trust waters of the coastal region. CAMA Planning Objective Develop comprehensive policies that provide beach and public trust water access opportunities for the public along the shoreline within the planning jurisdiction. Policy 1.A.1: The Town will maintain and improve existing facilities, seeking state and federal grants to assist in off-setting the costs associated with improving access. Action 1.A.1.a: The Town will seek state and federal grants to off-set the cost associated with improving public access. Action 1.A.1.b: The Town will seek state and federal grants to off-set the cost associated with acquiring public access. Action 1.A.1.c: The Town will seek state and federal grants to off-set the cost associated with rehabilitating public access. Action 1.A.1.d: The Town will expand sidewalks and connections to existing access along the Intracoastal Waterway to include bike paths and walkways over Davis Canal to the beach and on Yacht Drive. Action 1.A.1.e: The Town will update the 1991 Ocean and Estuarine Public Access Plan. Action 1.A.1.f: The Town will maintain traditional public recreational uses of The Point. The Point is the western most end of Oak Island formed by the Lockwood Folly River Inlet, the Atlantic Ocean, and the Eastern Channel. Action 1.A.1.g: The Town will establish a set of priorities for funding improvements to existing public access facilities, including signage, bathrooms, parking and access for people with disabilities. Policy 1.A.2: The Town will maintain and improve the estuarine waters access utilized for fishing by the community and visitors. Action 1.A.2.a: The Town will pursue programs and funding for the construction, maintenance and improvement of fishing Ts. Action 1.A.2.b: The Town will pursue programs and funding for the construction, maintenance and improvement of bait casting areas. Policy 1.A.3: The Town will encourage the owners of existing fishing piers located along the Atlantic Ocean to maintain them for recreational fishing to ensure continued use by the community and its visitors. Page 83

94 X. Policies Action 1.A.3.a: The Town will investigate the possibility of conditional zoning for private owners to sustain, maintain and improve the ocean fishing piers. Action 1.A.3.b.: The Town will investigate mechanisms, programs and funding to maintain ocean fishing piers, including a fishing pier overlay zone that would protect existing uses, and prohibit major change in uses or expansion. Action 1.A.3.c: The Town will investigate the possibility of providing economic incentives to maintain ocean fishing piers such as low interest loans, reductions in taxes and reduced permit fees. Policy 1.A.4: The Town will provide additional public access to the beaches and public trust waters through the acquisition and use of federal, state and county funding. The location of public access sites shall generally be determined by a rational examination of the ocean and public trust waters resource, the distribution of existing access sites, and the availability of appropriate new sites. In addition to advanced planning the Town will consider any site that offers good shoreline access for the public. Action 1.A.4.a: Opportunities for protecting or creating public access will be pursued when drafting and administering development standards for waterfront projects in the Town. Action 1.A.4.b: The Town and Beach Preservation Society will conduct a Beach User survey during a summer season to determine problems and opportunities that may exist based on the experiences of typical beach goers. The survey results will provide the basis for needed changes and improvements to existing and proposed shoreline access sites. Action 1.A.4.c: The Town will provide public beach access and parking that meet the US Army Corps of Engineer standard for participation in beach renouishment projects. The Town provides Resident Only parking. These spaces are not included in the required Army Corps of Engineer parking calculations. Marina and Dry Stack Storage Policies Policy 1.A.5: Public and private marinas offering access to area waters will be allowed when developed in accordance with the CAMA specific use standards for marinas (i.e. docks for more than 10 vessels). Marinas shall not be approved, however, that are incompatible with nearby land uses or whose designs fail to meet the environmental quality and development standards of the Town s zoning and subdivision ordinance. The Town will allow dry stack storage in conjunction with an operating marina. Marinas shall provide public access to public trust waters where practical. Action 1.A.5.a: Marina operators within the Town s jurisdiction will be encouraged to participate in Best Practice Operating Programs such as the Clean Marina program sponsored by the NC Division of Coastal Management and the NC Marine Trade Services organization and will be required to provide pump-out facilities. Action 1.A.5.b: The Town encourages the development of new upland marinas, and supports the rebuilding of existing marinas if damaged by storms. Page 84

95 X. Policies Action 1.A.5.c: The Town encourages marina operators to apply for grants that may be available to help pay for pump-out facilities or other environmental improvements. Action 1.A.5.d: The Town will not permit floating homes, boats, or other watercraft used as a permanent or temporary residence for more than 30 days. Policy 1.A.6: The Town supports recreational boating and facilities that allow access to recreational waters. Action 1.A.6.a: The Town will maintain, improve and secure additional facilities for recreational boating. Action 1.A.6.b: The Town will work in conjunction with state agencies focused on boating access efforts, e.g., North Carolina Wildlife Resources Commission. Action 1.A.6.c: Standards will be developed for floating docks, boat ramps and/ or parking areas associated with public access sites that will address, at a minimum, requirements for stormwater runoff, water quality protections, aesthetic concerns and adequate water depth at low tide. Policy 1.A.7: The Town shall encourage, through Zoning Ordinance provisions, development that would preserve views to the water from adjoining streets, roads, walkways and other public spaces. Policy 1.A.8: The Town will support local legislation regulating the use of personal watercraft in the Davis Creek/Montgomery Slough Complex as a water quality improvement and wetland protection measure. Land Use Compatibility Policies CAMA Management Goal Ensure that development and use of resources or preservation of land minimizes direct and secondary environmental impacts; avoids risks to public health, safety and welfare; and is consistent with the capability of the land based on considerations of interactions of natural and manmade features. CAMA Planning Objective Adopt and apply local development policies that balance protection of natural resources and fragile areas with economic development. Policies shall provide clear direction to assist local decision-making and consistency for zoning, division of land, and public and private projects. Policy 2.A.1: Types of development encouraged: The Town will encourage single- family residences, parks, and natural areas. Policy 2.A.2: Height on the Island: The Town supports maintaining a height limit of 41 feet in the V-zones and 35 feet elsewhere on the island, as established by referendum. Height on the Mainland: The Town supports maintaining a height limit of 35 feet on the mainland and up Page 85

96 X. Policies to 55 feet in the C-LD District on the mainland by Conditional Use Permit. The height limitations on the mainland are set by Town Council in the zoning ordinance. Action 2.A.2.a: The Town will examine issues and opportunities related to the character of the community that may be affected by the transition to centralized sewer services. Examination will be made of all development regulations in residential and commercial areas island-wide. Policy 2.A.3: Moderate development density Island and mainland (Long Beach Road Corridor). The Town will maintain existing lot sizes and densities. Policy 2.A.4: Lower development density ETJ (Second Bridge Road Corridormainland). Lower residential densities will be applied within the Town s Extraterritorial Jurisdiction (ETJ). Action 2.A.4.a: The Town will maintain overall gross density of 2.0 units per acre and net density of 4 units per acre within the ETJ. The Second Bridge Corridor will be developed as provided in the 1997 Second Bridge to Oak Island Corridor Land Use and Development Plan. Policy 2.A.5: Protection for homes along Middleton. The Town will protect homes and lots designated as residential along Middleton Road (on the island) from increased traffic resulting from the Second Bridge. Action 2.A.5.a: Buffering. The Town will encourage the NC Department of Transportation to provide adequate buffering for properties in close proximity to the bridge ramp. Action 2.A.5.b: Property Acquisition. The Town will request the NC Department of Transportation s assistance to acquire severely impacted properties in the corridor to protect them from conversion to incompatible uses. Action 2.A.5.c: Protection of Residential Zoning. The Town will keep the residential zoning along Middleton intact, particularly at the Middleton/Oak Island Drive intersection. Policy 2.A.6: Multi-Family Developments. The Town will prohibit new multi-family (four or more units) developments on the island and allow multi-family where appropriate on the mainland to protect natural resources. Action 2.A.6.a: The Town Community Development Department will review the existing standards addressing multi-family development and recommend additional standards for landscaping, improved stormwater management best management practices (BMPs), and increased setbacks to ensure greater compatibility with community character and surrounding neighborhoods. Currently, the Town does not permitted multi family structures on the island portion of the Town. Policy 2.A.7: Commercial Development: The Town will encourage commercial land uses to locate within the existing commercial areas on the island to serve both year-round residents and visitors. Commercial development will be encouraged in approve Planned Unit Page 86

97 X. Policies Developments on the mainland. Surrounding residential uses will be buffered to the maximum extent practical. Action 2.A.7.a: The Town will review buffer standards between land uses. Action 2.A.7.b: The Town will encourage redevelopment of the central commercial areas of the community utilizing Conditional Use Community Business zoning tools, and will discourage strip commercial development in other commercial zoning districts. Policy 2.A. 8: Commercial/Corridor Appearance: The Town will encourage improvements to appearance and functionality of existing commercial development areas and corridors on the Island and the mainland. Action 2.A.8.a: To provide proper standards that ensure a high quality appearance for the Town and promote good design, the Community Development Department shall research and recommend to the Planning Board ways to revitalize and improve new and existing commercial areas and businesses. The Department will conduct a planning meeting with business owners to discuss revitalization and methods to improve the appearance of commercial areas and commercial corridors. A focused Commercial Area Plan will be prepared which will include development standards, and infrastructure improvement strategies. Policy 2.A.9: Protection of natural resources: The Town shall protect natural resource and public trust areas. Action 2.A.9.a: The Town will maintain the zoning of open space areas, such as marshes and other environmental sensitive lands, and expand where possible. The Town has an Open Space zoning district. Policy 2.A.10: Tree Protection: The Town will encourage the preservation of natural resources including existing tree canopies. The Town recognizes the importance of trees and other existing vegetation to its quality of life, including reducing the amount of urban runoff and protecting water quality by helping filter contaminants from stormwater runoff, and policy to protect mature trees and native vegetation and to reforest and landscape where appropriate. Action 2.A.10.a: The Town will continue to enforce the tree protection and preservation ordinance. Action 2.A.10.b: The Town will support reducing tree and vegetation loss during development. Action 2.A.10.c: The Town will support reducing damage to trees during construction. Action 2.A.10.d: The Town will support replacing tree and vegetation lost during construction. Action 2.A.10.e: The Town will support planting trees where none exist on appropriate sites Page 87

98 X. Policies Action 2.A.10.f: The Town will support the maintenance of trees and vegetation remaining after construction is completed. Policy 2.A.11: Buffering incompatible uses: The Town will encourage the buffering of uses in the Zoning Ordinance between commercial and residential uses. Action 2.A.11.a: The Town will maintain the current requirements for buffering and require appropriate buffers between commercial and residential uses. Policy 2.A.12: Management of environmentally sensitive lands: The Town will manage land resources to ensure that environmentally sensitive lands are protected. Policy 2.A.13: Areas of Environmental Concern: The Town will support and enforce all of the State policies and permitted uses in designated AECs. Acceptable uses within the individual AECs of the estuarine system shall be those requiring water access. Such uses shall be consistent with the general use standards for coastal wetlands, estuarine waters, and public trust areas stated in 15NCAC subchapter 7H and the Town s development regulations. The Town will encourage the protection of commercial fishing facilities. Policy 2.A.14: Estuarine Shorelines: Residential, recreational, commercial and institutional land uses are appropriate, provided that all standards of 15NCAC Subchapter 7 H relevant to estuarine shoreline AECs are met and the proposed use is consistent with the Town s development regulations. The town supports the use of vertical bulkheads and alternative shoreline stabilization methods. Policy 2.A.15: Coastal Wetlands: Acceptable land uses in coastal wetlands may include utility easements, fishing piers, and docks. Examples of uses not permitted include restaurants, businesses, residences, apartments, motels, hotels, parking lots, private roads, and highways. The Town s development regulations will govern. Policy 2.A.16: 404 and 401 Wetlands: Non-coastal jurisdictional wetlands will be protected, maintained and preserved from the impacts of development as required by local, state and federal development regulations. Action 2.A.16a: The Town will adopt performance zoning standards to ensure protection of Jurisdictional 401 and 404 coastal wetlands. To ensure their protection the Town will require the delineation of all wetlands, significant natural heritage areas, and protected trees on all site plans and preliminary subdivision plats by a qualified professional. Policy 2.A.17: Ocean Hazard Areas: The Town supports State policies that do not conflict with the Town s development regulations, for ocean hazard areas as set forth in Chapter 15NCAC subchapter 7H of the State CAMA regulations. Suitable land uses in ocean hazard areas include ocean shoreline erosion control activities, dune establishment and stabilization. Residential, commercial and recreational land uses and parking lots for beach access are also acceptable uses in ocean hazard areas provided they meet all general and specific standards of 15 NCAC: 7H that do not conflict with the Town s development regulations. Page 88

99 X. Policies Policy 2.A.18: Marinas and floating homes: Floating homes shall not be permitted in public trust and estuarine waters. Marinas shall only be permitted that meet all state and local requirements. Action 2.A.18.a: The Town will adopt an ordinance to prohibit floating homes. Policy 2.A.19: Annexation: The Town may consider the involuntary annexation of areas which are developed for urban services and the voluntary annexation of areas which can be developed for urban services. Action 2.A.19.a: The Town Council shall first conduct feasibility assessments, including infrastructure carrying capacity assessments (found in Policy 3.A.1) for areas developed for urban services as determined by the North Carolina General Statutes. Infrastructure Carrying Capacity Policies CAMA Management Goal Ensure that public infrastructure systems are appropriately sized, located, and managed so the quality and productivity of AECs and other fragile areas are protected or restored. CAMA Planning Objective Establish level of service policies and criteria to ensure that the location and capacity of public infrastructure is consistent with the County s growth and development goals and the projections of future land needs. Policy 3.A.1: Infrastructure Carrying Capacity Analysis: Analyze capacity of the existing infrastructure in relation to development standards. Action 3.A.1.a: The Town will conduct an analysis of infrastructure capacity and public services before rezoning parcels as part of the review process. The Community Development Department provides written analysis along with a recommendation concerning each action. Energy Facilities Policy 3.A.2: Energy Facility Sitting and development: The Town shall not permit largescale, stand alone energy generating facilities within the Town or its Extraterritorial Jurisdiction. Policy 3.A.3: Offshore Gas and Oil drilling: The Town will oppose offshore drilling operations and onshore support facilities. Policy 3.A.4: Federal and State Funding: The Town will support all state and federal funding programs that are beneficial to the Town in obtaining, constructing and maintaining Page 89

100 X. Policies adequate public infrastructure systems that meet the Town s standards for level of service and delivery. Policy 3.A.5.: Post Office: The Town supports the need for a new US Postal Facility within the Town. Action 3.A.5.a: The Town will seek Federal, State and County funding for community facilities and infrastructure needs. Wastewater Systems Policy 3.A.6: Central Sewer System: The Town supports a phased Wastewater Treatment System to include a collection and transmission system to connect with the West Brunswick Water Reclamation Facility Expansion, and effluent disposal as detailed in the Town s 201 Facilities Plan. Action 3.A.6.a: The Town will evaluate its wastewater extension policy to ensure extensions are consistent with the policies set forth in this plan. Action 3.A.6.b: The Town will require owners of septic tanks to connect to the central system. Action 3.A.6.c: The Town will complete Phase I of the wastewater project. Action 3.A.6.d: The Town will complete Phase II of the wastewater project. Action 3.A.6.e: The Town will provide wastewater services to the Town of Caswell Beach. Action 3.A.6.f: The Town will continue to pursue efforts to make maximum use of reuse water. Policy 3.A.7: Package Treatment Plants: The Town does not support permitting of package wastewater treatment plants, except under limited conditions. The Town will conditionally permit a package treatment plant only as a short-term option prior to the availability of centralized sewer. The Town will require central wastewater treatment and collection. Action 3.A.7.a: The Town will incorporate existing package treatment plant service areas into the central wastewater system. Capital Improvement Plan Policy 3.A.8: Capital Improvement Plan: The Town will continue to identify capital projects in a Capital Improvement Plan. Action 3.A.8.a: In cooperation with the Town s Capital Improvement Committee (CIC), the Town s Capital Improvement Plan (CIP) will be reviewed and updated annually. Page 90

101 X. Policies Policy 3.A.9: The Town recognizes the importance of a Capital Reserve Fund in meeting the community s continuing capital needs. Action 3.A.9.a: The Town will continue to maintain a Capital Reserve Fund. Action 3.A.9.b: Future consideration of funding from the Capital Reserve Funds will be based on an approved Capital Improvement Plan Policy 3.A.10: The Town supports other infrastructure improvements including land acquisitions. Action 3.A.10.a: The Capital Improvement Committee in conjunction with Town staff will develop and incorporate strategies and infrastructure initiatives in the Capital Improvement Plan. Policy 3.A.11: The Town will support Brunswick County in its effort to secure additional potable water supplies and make necessary water system capital improvements. Policy 3. A.12: The Town will protect its water supply wells as an emergency water source. Transportation Systems Policy 3.A.13: Regional Transportation: Opportunities to enhance regional transportation connections between Oak Island and other parts of Brunswick County and the State will be encouraged. The Town will actively participate in regional transportation planning efforts such as the Cape Fear Area Rural Transportation Coordinating Committee. Action 3.A.13.a: The Town will continue to be an active participant in planned roadway improvements to Long Beach Road (SR 133) as well as proposed connector roads in this area. Action 3.A.13.b: The Town supports widening Midway (SR 1104) to 4- lane roadway with a divided median between NC 211 and Highway 17. Policy 3.A.14: Transportation Planning: Transportation planning will be employed to promote a hierarchical, functional transportation system and to promote the proper arrangement of land patterns by controlling the location and appropriate use of streets, highways, trails, and other modes of transportation. Generally, the design of major roads (e.g. East Oak Island, Long Beach Road) will give first priority to moving traffic, while smaller roads (e.g. Holly, North East, South East, North West and South West Streets) will give greater emphasis to serving adjoining land uses. Action 3.A.14.a: The Town will consider amending the zoning regulations to require, where possible, access from side streets only thereby preserving the carrying capacity of East Oak Island Drive. Multiple curb cuts serving only one business will be discouraged. Action 3.A.14.b: The Town will request NC Department of Transportation to investigate the feasibility of installing deceleration turn lanes in key locations along Oak Island Drive. Page 91

102 X. Policies Action 3.A.14.c: The Town will support amendments to the existing zoning ordinance that will reduce the width of access ways onto commercial properties and to require parking lots to interconnect. This will apply to all new development and substantial redevelopment. Action 3.A.14.d: The Town will investigate the feasibility of establishing an Overlay District for the commercial areas on East Oak Island Drive for the purpose of enhancing the appearance of the Town. Policy 3.A.15: Connectivity: The Town supports connectivity between compatible land uses. Action 3.A.15.a: The Town will consider amending subdivision regulations to require subdivision streets to connect to each other (e.g., interconnected subdivisions). Policy 3.A.16: Multi-Modal Transportation: The Town places a high value on and encourages the use of alternative means of transportation including sidewalks and bike paths. The Town will cooperate with NC Department of Transportation and Brunswick County to develop a coordinated bike path and pedestrian system both within and outside the existing boundaries of the Town. Action 3.A.16.a: The Town will continue to implement the 2006 Oak Island Bicycle Transportation Plan. Action 3.A.16.b: The Town will provide bike racks at all municipal buildings, public beach accesses and parks and recreation facilities. Action 3.A.16.c: As CAMA and NC Park and Recreation Trust Fund grants become available the Town will consider additional Davis Canal crossovers for pedestrian use west of Middleton. Action 3.A.16.d: The Town will consider incentives for commercial development that provides pedestrian and bicycle amenities (e.g., sidewalks, bike racks) to improve access to and circulation within their site. Action 3.A.16.e: As NC Department of Transportation enhancement grants become available the Town will actively pursue these grant funds for the purpose of establishing or re-establishing bike paths along Town roadways such as Yacht Drive. Action 3.A.16.f: The Town will continue to develop a system of sidewalks throughout the community. Policy 3.A.17: Town Gateways: The Town will support improvements to the gateways to the Town, including attractive signage, public and private, and indigenous landscaping elements and a welcome center for visitors. Action 3.A.17.a: The Town will investigate the feasibility of establishing a Corridor Overlay District for both Long Beach Road and the New Bridge at Middleton as an amendment to the zoning ordinance for the purpose of enhancing the appearance of the gateways to Oak Island. Page 92

103 X. Policies Action 3.A.17.b: As NC Department of Transportation enhancement grants become available the Town will actively pursue these grant funds for the purpose of establishing or re-establishing vegetation along state maintained roads. Action 3.A.17.c: The Town will develop and install an official welcome sign to be posted at gateway entrances. Policy 3.A.18: Special Needs Transportation: The Town will evaluate the needs of its senior and special needs residents, as appropriate; to examine options for them to gain access to transportation for essential needs such as medical appointments and shopping. Action 3.A.18.a: The Town will continue to support programming through the Parks and Recreation Department and Community Resource Center to provide for essential transportation needs. Action 3.A.18.b: The Town will annually evaluate the vehicles available through the Parks and Recreation Department and the Community Resource Center for senior and special needs residents. Policy 3.A.19: County Airport: The Town supports upgrades and expansion of the Brunswick County Airport as an important element in providing services to residents and visitors. Natural Hazards Policies CAMA Management Goal Conserve and maintain barrier dunes, beaches, flood plains, and other coastal features for their natural storm protection functions and their natural resources, giving recognition to public health, safety, and welfare issues. CAMA Planning Objective Develop policies that minimize threats to life, property, and natural resources resulting from development located in or adjacent to hazard areas, such as those subject to erosion, high winds, storm surge, flooding, or sea level rise. Policy 4.A.1: The Town continues to support the construction of the Second Bridge to Oak Island to reduce the hazards created by traffic congestion associated with one evacuation route from the island. Action 4.A.1.a: The Town is working cooperatively with the NC Department of Transportation on the construction of the Second Bridge to Oak Island. Policy 4.A.2: Promote education of the public about the risks of different types of natural hazards associated with structures and property located in floodplains and hazard areas in order to reduce their exposure to natural hazards. Page 93

104 X. Policies Action 4.A.2.a: The Town will continue to provide flood damage prevention and retrofitting information to all property owners. Action 4.A.2.b: The Town will annually review the ongoing activities and update the Town s Hazard Mitigation Plan as required by the Disaster Mitigation Act of Action 4.A.2.c: The Town will work with North Carolina Department of Transportation to eliminate flooding of hurricane evacuation routes (Long Beach Road). Policy 4.A.3: The Town will support the maintenance of a healthy beach with stable dunes, and dune vegetation. (See Goal 8) Policy 4.A.4: The Town will promote safe construction through strict adherence and enforcement to the Town s building code, zoning, subdivision regulations, Flood Damage Prevention Ordinance, Hazard Mitigation Plan, Stormwater Regulations, and Dune Protection Ordinance. Action 4.A.4.a: The Town will enforce CAMA general and specific use standards for ocean and inlet hazard areas through the Local Permitting Officer Program. Action 4.A.4.b: The Town will regulate the alteration of natural floodplains, stream channels, and natural protective barriers that accommodate and restrain floodwaters; regulate filling, grading, dredging, and other development that may increase erosion or flood damage. Action 4.A.4.c: The Town may, as opportunities arise, strategically acquire properties in its coastal hazard area to protect resources and adjacent properties from significant storm damage. Action 4.A.4.d: The Community Development Department will complete the assessment of flood hazards, including a public involvement activity. Policy 4.A.5: The Town does not support installation of public infrastructure in hazard areas, except where such facilities serve the public interest or to mitigate an environmental or public health hazard. Policy 4.A.6: The Town will regulate both the density and size of structures in the hazard area in order to minimize unreasonable risk to people and property through its Zoning Ordinance and development standards. Action 4.A.6.a: The Community Development Department will evaluate the current density in the Town and make recommendations for changes to density allowances where appropriate. Policy 4.A.7: Sound and estuarine islands are fragile resources, and their development potential will require a permit under the open space zoning district to protect this fragile environment and minimize hazards. Policy 4.A.8: The Town will support and participate in the National Flood Insurance Program and the Community Rating System (CRS). Page 94

105 X. Policies Action 4.A.8.a: The Town will work to achieve a beneficial Community Rating System rating. Action 4.A.8.b: The Town will maintain the current one (1) foot freeboard requirement in special flood hazard areas. Action 4.A.8.c: The Town will seek to educate those applying for building permits regarding the benefits of exceeding the minimum standards (e.g. Increased freeboard may result in reduced flood insurance premiums on an annual basis). Policy 4.A.9: The Town will maintain its emergency response plan so that Town Departments and services can respond effectively to emergencies related to natural hazards and other events, and coordinate with other municipalities and Brunswick County. Action 4.A.9.a: The Town will regularly update and test its Emergency Response Plan so that Town Departments and services can respond effectively to emergencies related to natural hazards and other events in coordination with other municipalities and Brunswick County. Policy 4.A.10: The Town may enact a temporary moratorium (G.S.160A-381) on reconstruction, redevelopment, and new construction following a disaster, in order to allow the Town to completely assess damage and restore essential services and utilities and protect public health, safety and welfare. Action 4.A.10.a: The Town will create a Post Storm Development Plan that will be followed after any damaging effects from hurricanes, severe weather and other natural hazards. Action 4.A.10.b: The Town will establish priorities for issuance of permits after a disaster, to reflect priorities such as life safety services, essential public utilities and services and repair storm damage. Water Quality Policies CAMA Management Goal Maintain, protect, and where possible enhance water quality in all coastal wetlands, rivers, streams, and estuaries. CAMA Planning Objective Adopt policies for coastal waters with the planning jurisdiction to help ensure that water quality is maintained if not impaired and improved if impaired. Policy 5.A.1: Water Quality Classifications: The Town considers a water quality classification of SA fully supporting to be a minimum standard for any surface water(s) surrounding the Town. The Town will support research to determine the sources of pollution and consider or lobby for additional regulations or enforcement of existing regulations to prevent further degradation and shall seek measures to enhance water quality where needed. Page 95

106 X. Policies Action 5.A.1.a: The Town will apply for grant funds for projects that are designed to improve or prevent further degradation of water quality in Davis Creek/Montgomery Slough Complex, Eastern Channel, Elizabeth River, Intracoastal Waterway, the Atlantic Ocean and the Lockwood Folly watershed. Action 5.A.1.b: The Town will work cooperatively with State agencies to expand existing water quality monitoring programs for surface waters. Action 5.A.1.c: The Town will seek local legislation to regulate personal watercraft operation in the Davis Creek/Montgomery Slough Complex. (See Policy 1.A.8 to improve water quality) Action 5.A.1.d: The Town will seek strict enforcement of existing laws and regulations and shall consider new regulations, if needed, to protect these surface waters. Policy 5.A.2: Vegetated Buffers: The Town supports the preservation of vegetated buffers along the edge of drainage ways, streams and other components of the estuarine system as an effective low cost means of protecting water quality. Action 5.A.2.a: To complement the existing CAMA 30-foot buffer rules adjacent to public trust waters, the Town will consider adopting a local buffering requirement for smaller stream and drainage segments that channel stormwater into larger receiving waters. Action 5.A.2.b: The Town will apply for grant funds from Division of Coastal Management and the Clean Water Management Trust Fund to identify key estuarine properties that if preserved, either through conservation easements or outright purchase, will contribute to the protection and betterment of water quality in adjacent estuarine waters. Policy 5.A.3: Lockwood Folly River: The Town supports the strategies and recommendations of the 2006 Lockwood Folly River Water Quality Study. Action 5.A.3.a: The Town will adopt a maximum impervious lot coverage regulation as an effort to mitigate the quantity and quality of stormwater runoff. Proposed rules should respect residential vs. commercial use of properties with reasonable coverage allowances. Action 5.A.3.b: The Town will investigate the feasibility of adopting Low Impact Development (LID) concepts as a part of the subdivision, zoning and stormwater regulations as well as employing some of these techniques on any Town owned property proposed for development. Action 5.A.3.c: In an effort to educate property owners and developers about the benefits of Low Impact Development, the Town will work cooperatively with Brunswick County to create an outreach program that may include the following elements: a Town demonstration project showcasing the basic principles of Low Impact Development; an informational brochure explaining the costs and benefits of following this approach; and the creation of a link on the Town s website for additional information. Policy 5.A.4: Coastal Wetlands: The Town supports the long term protection and enhancement of Coastal wetlands and 404 wetlands and will vigorously oppose any proposed permits that may result in the degradation or loss of this vital natural resource Page 96

107 X. Policies except for those public purpose activities that benefit the Town or the region at large. The following represents the Town s policy on filling wetlands: 1. Isolated Wetlands (401). Isolated wetlands located outside the Conservation Land Use Classification zone maybe filled with approval from the Division of Water Quality. 2. US Army Corps of Engineer 404 Wetlands shall not be filled except to serve a public purpose such as the construction of road or bridge provided there is no other practical alternative. 3. Tear Sheet Violations. The Town does not view Corps of Engineer tear sheet violations (de facto Corps approval) as a form of approval acceptable to the Town for the filling of 404 wetlands. Action 5.A.4.a: The Town may consider amending its subdivision regulations to eliminate all wetlands as part of the calculations for future density or intensity of development. In doing so the Town will allow a reduced lot size on the most suitable portions of the development site in order to offset the reduction in density due to the exclusion of wetlands. Action 5.A.4.b: The Town will support amendments to the zoning regulations that require buffering wetlands from proposed adjacent development in order to help insure the health and productivity of this natural resource. Policy 5.A.5: Stormwater: The Town supports and will implement all of the National Pollutant Discharge Elimination System Phase II Stormwater program with an emphasis on natural and Low Impact Development solutions as opposed to highly engineered and mechanical techniques to address stormwater runoff. Action 5.A.5.a: The Town will continue to enforce the provision that post development runoff rates and volumes shall not exceed predevelopment conditions. Action 5.A.5.b: The town will undertake stormwater management studies and will consider the impact of revising its methods of conveyance, containment and disposal of stormwater. Policy 5.A.6: Groundwater: The Town places a high level of importance on the protection of groundwater and the underlying aquifer as this resource is an integral part of the hydrologic cycle. The Town supports State and Federal regulations that protect ground water and encourages the monitoring of both the quantity and quality of this vital resource. Action 5.A.6.a: The Town will continue to protect its potable well water supply through enforcement of the Town s development regulations. Policy 5.A.7: Central Wastewater Treatment and Collection: The Town will require central wastewater treatment and collection. Page 97

108 X. Policies Action 5.A.7.a: The Town will provide centralized wastewater collection and treatment to areas of the island currently served by on-site treatment systems. Policy 5.A.8: Trees and Vegetation: The Town supports the preservation of the existing tree and vegetative cover in the community and its enhancement through the planting of additional trees and vegetation. Action 5.A.8.a: The Town will continue to evaluate the effectiveness of the tree and vegetation preservation ordinance. Action 5.A.8.b: The Town will conduct a continuing education program concerning the value of trees and vegetation to the community. Action 5.A.8.c: The Town will undertake tree and vegetation enhancement projects on public property. Action 5.A.8.d: The Town will continue to support the educational and stewardship efforts of the Tree City USA advisory board. Local Concerns Policies CAMA Management Goal Integrate local concerns with the overall goals of CAMA in the context of land use planning. CAMA Planning Objective Identify and address local concerns and issues, such as recreation, and beach management needs. Recreation Policy 6.A.1: Shoreline Recreation: The Town will encourage the recreational use of our shorelines in ways compatible with adjoining land uses. Action 6.A.1.a: The Town will update the 1991 Ocean and Estuarine Public Access Plan. Action 6.A.1.b: The Town will review, evaluate, and improve existing ocean and estuarine waterway access for people with disabilities. Action 6.A.1.c: The Town will develop a brochure that identifies accessible beach, and estuarine waterway access, and parks for people with disabilities. Action 6.A.1.d: The Town will continue to provide beach wheelchairs for people with disabilities. Action 6.A.1.e.: The Town will maintain existing access and as funding becomes available add and improve access to ocean and estuarine waterways. Policy 6.A.2: Open Space: The Town realizes that open and green spaces are significant elements in enhancing, contributing to and ensuring quality of life. Page 98

109 X. Policies Action 6.A.2.a: The Town will inventory open space, actively pursue grants and funding opportunities, develop, and implement a plan to acquire and preserve open and green space throughout the Town. Action 6.A.2.b: The Town will consider incentives for rewarding developers that choose to set aside open and green space in perpetuity, e.g. conservation easement. Action 6.A.2.c: In order to protect the beneficial use of wetlands, the Town will consider through the subdivision, conditional use and rezoning process minimum standards for the donation of conservation easements over these wetlands for their long-term protection. Policy 6.A.3: Natural Resource Stewardship: The Town will promote education and stewardship of natural resources contained within park lands, open and green space. Action 6.A.3.a: The Town will continue to support the educational and stewardship efforts of the Oak Island Parks & Recreation Department. Action 6.A.3.b: The Town will continue to support the educational and stewardship efforts of the Beach Preservation Society and Tree City USA advisory boards. Policy 6.A.4: Vegetation Management: The Town recognizes the aesthetic and functional benefits of existing trees and will preserve them for future generations. These benefits include the reduction in the quantity and improvement of the quality of storm water run-off, the protection of natural habitats and the enhancement of property values. Action 6.A.4.a: The Town will continue to improve and enforce the Vegetation Management Program. Action 6.A.4.b: The Town will carefully consider any proposed zoning changes to determine what, if any impacts on specimen trees may occur as a result of the zoning changes. Action 6.A.4.c: The Town will actively pursue NC Department of Transportation Enhancement Grants and other grant opportunities to protect specimen trees and establish and/or re-establish trees along the main corridors of the Town. Action 6.A.4.d: The Town will continue to support the volunteer efforts of the Tree City USA advisory board to pursue the annual Tree City USA designation and Growth Award. Action 6.A.4.e: The Town will continue to provide local genetic plant stock for native trees. Policy 6.A.5: Future Recreational Needs: The Town recognizes the importance of providing for the recreational needs of the community. Action 6.A.5.a: The Town will continue to update, maintain and seek additional recreational facilities appropriate to the present and future populations. This includes but is not limited to recreational buildings, playing fields, tennis courts, pool, golf course, basketball courts, playgrounds, and walking/jogging/biking paths. Page 99

110 X. Policies Policy 6.A.6: The Town recognizes the importance of promoting healthier lifestyles among its residents and supports the Fit Communities Program and its focus on healthy eating, physical activity, and tobacco free living. Action 6.A.6.a: The Town supports working to prevent childhood obesity. Action 6.A.6.b: The Town will encourage physical activity and wellness. Action 6.A.6.c: The Town will provide outlets for physical activity. Action 6.A.6.d: The Town will foster a tobacco free environment. Action 6.A.6.a: The Town will continue to actively support the efforts necessary to retain the Fit Community designation and will reapply for the designation in Policy 6.A.7: Ocean Fishing Piers: The Town will maintain and improve the availability of the ocean piers, fishing T s and estuarine waters utilized for fishing by the community and visitors. Action 6.A.7.a: The Town will pursue programs and funding for the maintenance and improvement of the fishing areas with the inclusion of bait casting areas. Action 6.A.7.b: The Town will investigate the possibility of conditional zoning for ocean piers in order promote private owners to sustain, maintain and improve the ocean fishing piers. Action 6.A.7.c: The Town will pursue other actions and/or opportunities for the preservation of the ocean fishing piers. Policy 6.A.8: The Town supports recreational boating and facilities that allow access to recreational waters. Action 6.A.8.a: The Town will maintain, improve and secure additional facilities for recreational boating. Action 6.A.8.b: The Town will work in conjunction with state agencies focused on boating access efforts, e.g. North Carolina Wildlife Resources Commission. Beach, Inlet and Waterway Management The Oak Island Beach, Inlet and Waterway system is the town s single most important resource. A healthy beach system is characterized by: Vegetated sand dunes that provide protection during coastal storms, A wide, dry sand berm that provides habitat for nesting turtles, Ample recreational access opportunities for both residents and visitors, Beach sand free of litter, rocks, and debris, Adequate access that provides maximum protection for the dune system. Page 100

111 X. Policies A healthy inlet and waterway system is characterized by: Safe and navigable boating areas, Open shellfish areas, Inlets and waterways free of litter and debris, Ample recreational access opportunities for residents and visitors. Policy 6.A.9: Beach Preservation Plan: The Town will continue to implement a beach preservation plan. Action 6.A.9.a: The Town will evaluate the effectiveness of and update the Beach Preservation Plan every two years. Action 6.A.9.b: The Town will continue to enforce the dune preservation ordinance (Chapter 14, Article III of the Town Code). Action 6.A.9.c: The Town will provide routine maintenance of the beach by removal of garbage, trash and debris. Action 6.A.9.d: The Town will maintain and repair post and rope fence and sand fence. Action 6.A.9.e: The Town will educate the public on dune, pet, and litter ordinances. Policy 6.A.10: Beach/dune Stabilization: The Town supports dune re-vegetation and the installation of sand and rope fencing. Policy 6.A.11: Beach Nourishment: The Town supports beach nourishment for erosion control, storm protection and habitat restoration. The Town supports continued financial assistance from federal and state sources for beach nourishment. Action 6.A.11.a: The Town supports the Brunswick Beaches Shore Protection Project (50 year Beach Plan), which includes the towns of Caswell, Oak Island, Holden, and Ocean Isle. The Town will support the Oak Island Beach Preservation Society, and will actively participate in the Brunswick Beaches Consortium, the North Carolina Beach, Inlet and Waterway Association, and the American Shore and Beach Preservation Association. Action 6.A.11.b: The Town supports continued participation in the Wilmington Harbor Sand Management Plan. Action 6.A.11.c: The existing sand deposits on the north side of the Intracoastal Waterway in the area known as Yellow Banks are a resource for the town s beach preservation program. The Town will work with state and federal agencies to ensure that these resources are used in the most effective manner to further the Town s beach preservation goals. Policy 6.A.12: Turtle Nesting and Shore Bird Areas: The Town will encourage activities that will promote sea turtle nesting and improve habitat for both sea turtles and shore birds. Action 6.A.12.a: The Town will improve enforcement of the beachfront lighting ordinance and make recommendations to minimize impacts to turtle nesting/hatching. The Town will review the existing ordinances. Page 101

112 X. Policies Action 6.A.12.b: The Town will work to develop an education program for residents and visitors concerning the lighting impact on sea turtle nesting. Action 6.A.12.c: The Town will improve enforcement of the beachfront lighting ordinance and make recommendations to minimize impacts to shore birds. The Town will review the existing ordinances. Action 6.A.12.d: The Town will work to develop an education program for residents and visitors concerning the lighting impact on shore birds. Action 6.A.12.e: The Town will continue the operation of the Greenhouse to provide sea oats and other native vegetation for dune stabilization. Action 6A.12.f: The Town will support efforts to remove invasive plant species on the dunes in order to promote native vegetation. Action 6A.12.g: The Town will continue efforts to remove rocks from the beach. Policy 6.A.13: The Town will support the maintenance of inlets and waterways for public use. Action 6.A.13.a: Navigation Channels: The Town will support the US Army Corps of Engineers efforts to routinely dredge and maintain the authorized depths of local navigation channels. Action 6.A.13.b: Inlets and Waterways: The Town will support federal and state funding for maintenance of inlets and waterways. Action 6.A.13.c: Big Sweep Program: The Town will continue to support and participate in Big Sweep programs. Page 102

113 X. Policies Future Land Use Map The Future Land Use Map depicts the land classes identified in the table below. Typical density ranges follow below: Major Land Classes Development Density Commercial/Government Open Space Low Density Residential Medium Density Residential High Density Residential 8+ units per acre No development is permitted 2 units per acre 6-7 units per acre 8+ units per acre Page 103

114 X. Policies Land Demand Forecast The land demand forecast section is a snapshot of future demand expected for major land uses in Oak Island. Town staff has used the zoning classifications of existing developed and undeveloped lots to help determine this demand. The Town of Oak Island has grown significantly in the year 2009 consisting of land that was voluntary annexed into the town and was vacant at the time of incorporation. This section will break down the expected growth projected for demand on these various land classifications. Currently, there are about 12,200 platted lots in Oak Island of which about 8,200 are developed. Due to recent annexations of vacant land, no plats have been submitted with final lot numbers or design. It is estimated that the new annexations can provide up to 7,638 residential units and 1,876 acres of commercial property. Therefore, Oak Island has approximately 11,638 lots or land for residential unit placement and approximately 2,000 acres of commercial property that is currently vacant 1. We expect population in 2025 to be 11,236. Therefore, if the average household size is 2.14 persons (2000 census), then residential demand will be 5,250 housing units needed in addition to current inventory. For commercial property and development, staff used the 4.14 percent annual growth rate figure to extrapolate future demand. If there is currently an estimated 300 units of commercial operations on 3,105 acres of land designated for commercial, then by 2025, Oak Island will need an additional 251 units of commercial property 2. In conclusion, Oak Island has an excess of 6,388 potential lots for residential uses, and a total of 2,000 acres of commercial property to house the additional 251 units of commercial operations. The airport is currently undergoing an expansion project that is occurring on land already set aside for airport operations. No new government expansions are projected that will exceed the 482 acres currently set aside for government use. 1 These numbers came from calculations based on proposed plans that have been submitted to Oak Island for approval but not yet platted. On lands where no plans exist, staff made an estimate based on total allowed development permitted under the current zoning ordinance commercial units developed at the same pace as population 4.14 percent compounded annually. Page 104

115 X. Policies Classification Area Total Acres in Class Uses Allowed Min Lot Size/ Units per Acre Residential Types Allowed Max Structure Height (Feet) Unbuildable Portion of Lot in Feet Commercial Retail, Recreation, Services, Restaurants, 3105 Hotels * NA Airport and Government Govt. Airport 1,185 Operations * NA NA Open Space 2068 Low Density Res 7269 Med Density Res 5723 Accessory Uses, Utilities, Parks * NA NA Single Family Structures* Single Family Structures* 20,000 Square Feet 20,000 Square Feet 6,600 to 15,000 Square Feet Single Family With Restrictions Single Family Single Family and Two-family 35 Out of VE Zone 41 In VE ** 35 Out of VE Zone 41 In VE NA 35 Out of VE Zone 41 In VE NA 35 Out of VE Zone 41 In VE 35 Out of VE Zone 41 In VE 35 Out of High Density Res Single Family 37 Structures* Single and Multi-family VE Zone 41 In VE Rights-of Way (Streets) 655 NA NA NA NA NA * See Zoning Ordiance For More Detail ** Up to 55' provided that for every foot above 41 developer provides an additional 2' setback Corner Lot 8-25 Front Rear Side 0-8 Corner Lot 20 Front 30 Rear 15 Side 10 Corner Lot 10 Front 25 Rear 20 Side 8 Corner Lot 10 Front 25 Rear 20 Side 8 Page 105

116 X. Policies Future Land Use Classification Definitions Commercial- land where commercial use would be allowed. Almost all of this land is suitable for development. Under certain conditions residential units may be placed in this zone provided conditions are met. Because of the value of commercial land few residential structures are built in this class. Government/Airport- intended for government and or airport operations. The airport is not expected to exceed the land currently set aside in the Future Land Use Map. No residential development is allowed on these lands. Almost all of this land is suitable for development. Open Space- unsuitable for development. Because of the wetlands on these lands, only parks, utilities and other such uses are suitable development for these properties. High Density Residential- suitable for high intensity residential development. Most of these properties have already been developed. Because of the CAMA survey, the Town Council decided to rezone most of the R6-MF to single family residential. Future, if any, new High Density Residential will most likely be on the mainland. Medium Density Residential- set aside for residential development on the scale of approximately 6 units per acre. These properties tend to be located on the Island and are served by sewer and water. Most lots in this class are Class I or Class II lands. Low Density Residential- located on the mainland side of Oak Island. These properties are suitable for development of residential properties at about 2 units per acre. Most of these properties do contain some wetlands. Oak Island strives to ensure that all development around the wetlands is done in an environmentally friendly manner. Page 106

117 X. Policies Environmental Composite Map and Land Classification Map The environmental composite map depicts most of the study area as Class III, with the exception of several small areas of Class I within the northwest corner within the NC 211 Corridor, and three other areas just south near Sunset Harbor Road. Class III is land containing mostly wetlands that are classified by NC Crews as Beneficial non-coastal wetlands. Most of the land within Oak Island s jurisdiction is built out, with the exception of some portions of lands within the mainland portion of Town, along NC 133 and the ETJ. Low density residential development has recently been permitted within the ETJ. Land Suitability Analysis Map and Land Classification Map The areas that indicate consistency between the land suitability analysis and the land classification map are located along NC 133, the area surrounding the intersection of Yaupon Drive and NC 133, and a commercial area further west along Yaupon Drive. These areas are consistent, indicate a high suitability for development on the LSA, are classified for higher density development, and are depicted as commercial on the Future Land Use Map. Areas within the center of the Island and a segment of beachfront parcels along E. Beach Drive are shown as having a medium suitability on the LSA, while they are classified as medium and high density residential on the Future Land Use Map. Conservation areas are depicted as least suitable and will not be developed as the majority of this classification is coastal wetlands. The majority of the parcels located along the beachfront are depicted on the LSA as having low suitability, and are classified as high density residential. The ETJ is depicted as containing a mix of least suitable, low suitable and a small portion of medium suitable lands. The ETJ is classified for low density residential development. Page 107

118 XI. Relationship of Plan to Management Topics XI. Relationship of Plan to Management Topics The planning guidelines require the local government to provide two types of analysis of its land use and development policies and the future land use map. Each analysis is described below. Consistency between Goals/Policies and Management Topics A. Public Access Applicable Goal from Section IX: Acquire, maintain and improve public access and associated facilities to the beaches and estuarine waters of the Town of Oak Island in order to promote recreational opportunities for all. Analysis: The policies call for a variety of improvement to existing accesses and new public and private accesses to all of the waters of the Town. Cooperation is encouraged between the public agencies to identify opportunities to offset the cost of acquisition and improvements to existing accesses. The review and approval of waterfront development will address the protection and creation of public access to the water resources. Updates to the Ocean and Estuarine Public Access Plan and a plan for prioritizing funding for accesses are included as action items. B. Land Use Compatibility Applicable Goal from Section IX: Adopt and apply policies that support land uses which enhance, protect, maintain and preserve natural resources, fragile areas and small town character. Analysis: The plan calls for maintaining existing single family residential development densities. The plan encourages the revitalization and improvement of existing commercial areas, businesses and corridors on the island and the mainland. The plan recommends a commercial area overlay district including new development standards and infrastructure improvements to the Island s commercial area. C. Infrastructure Carrying Capacity Applicable Goal from Section IX: Ensure that public infrastructure is appropriately sized, located, maintained and managed throughout the community. Analysis: The plan s policies emphasize the need to both develop and protect the capacity of the infrastructure and ensure its relationship to development standards so that adequate Page 108

119 XI. Relationship of Plan to Management Topics public facilities are available for development. The policies support the protection of the function of existing roadways, including limiting driveway cuts, discouraging additional strip commercial development and requiring adjoining parking lots to be interconnected. Middleton Road (SR 1105) is singled out for widening. Advanced planning for parks and recreation are supported, as well as capital improvement planning. D. Natural Hazards Applicable Goal from Section IX: Protect public health and safety from the damaging effects of hurricanes, severe weather and other natural hazards. Analysis: The plan calls for continued enforcement of the local Flood Damage Prevention, Stormwater and Dune Protection Ordinances, as well as the National Flood Insurance Program and continued improvement of the Town s rating under the Community Rating System. The Town will update its Hazard Mitigation Plan and include a Post Storm Development Plan. E. Water Quality Applicable Goals from Section IX: Improve, maintain and enhance the water quality and natural environment surrounding the Town of Oak Island. Analysis: The plan policies intend to conserve wetlands for multiple reasons, including water quality preservation. New developments will be encouraged to provide buffers to protect surface waters. The Town will implement all NPDES Phase II stormwater requirements and incorporate LID provisions for new developments. The Town will seek grant funds to develop projects that improve water quality in Davis Creek/Montgomery Slough, Eastern Channel, Elizabeth River, Lockwood Folly watershed, and the Intracoastal Waterway and the Atlantic Ocean. F. Local Concerns Applicable goals from Section IX: To provide recreation and community services in the broadest possible scope to meet the recreational, cultural and human service needs and interests for people of all ages and abilities. The Town will support safe, efficient, reliable and environmentally sound transportation to serve residents and visitors. Improve and maintain a healthy beach, inlet and waterway system for Oak Island residents, property owners and visitors. Analysis: The plan has three major goals (above) that address local concerns: (1) providing the broadest possible recreational opportunities for all residents, (2) providing safe, efficient and environmentally sound transportation to all residents, and (3) improving and Page 109

120 XI. Relationship of Plan to Management Topics maintaining a healthy beach system. The relationship of the plan s policies to these goals is summarized below. 1. The plan encourages recreational use of the shoreline in ways that are compatible with adjoining land uses, the provision of open space and both active and passive recreational opportunities. 2. The plan identifies policies and action items that support a multi-modal transportation system that is consistent with other environmental policies contained in the plan. 3. The plan calls for the continued implementation and regular updating of the Beach Preservation Plan to ensure the protection and maintenance of the Island s beach and dune system. Policy Impact Analysis Table The policy impact analysis is intended to identify any potential negative, neutral or positive impact to the six management topics by the implementation of the policies identified in the Land Use Plan. Policies were drafted specifically to remain consistent with and to further the goals of the Coastal Area Management Act. There were no negative impacts to the management topics. The following list defines the impact designations that were used in the analysis: Beneficial: Implementation of the policy will more than likely have an immediate or long range positive impact on the management topic goals. The policy could foster the attainment of other goals. Neutral: Implementation of the policy will more than likely have no impact on the management topic goals. The policy will probably not affect the attainment of other goals. Detrimental: Implementation of the policy will more than likely have an immediate or long range negative impact on the management topic. The policy could conflict with the attainment of other goals. For simplification, a cross reference table/matrix was used to list the potential impact of each policy under each management topic. If a policy has the potential to have a negative impact on a goal of any of the management topics, a course of action or policy must be established to mitigate the negative impacts. Page 110

121 XI. Relationship of Plan to Management Topics Land Use and Development Policies Management Topics Public Access *More planned access locations *Upgrades to existing access locations Land Use Compatibility *Reduction in habitat loss and fragmentation related to impacts of land use and developments *Reduction of water resource and water quality degradation Infrastructure Carrying Capacity *Water, sewer, and other key community facilities and services being available in required locations at adequate capacities to support planned community growth and development patterns Natural Hazards *Land uses and development patterns that reduce vulnerability to natural hazards *Land uses and development patterns that take into account the existing and planned capacity of evacuation infrastructure Water Quality *Land use and development criteria and measures that abate impacts that degrade water quality Local Concerns *Recreation *Beach Inlet, Waterway management Public Access Policy 1.A.1 B B N N N B Policy 1.A.2 B B N N N B Policy 1.A.3 B B N N N B Policy 1.A.4 B B N N N B Policy 1.A.5 B B N N N B Policy 1.A.6 B B N N N B Policy 1.A.7 B B N N N B Policy 1.A.8 B B N N N B Land Use Compatibility Policy 2.A.1 N B B B B B Policy 2.A.2 N B B B B B Policy 2.A.3 N B B B B B Policy 2.A.4 N B B B B B Policy 2.A.5 N B B N N B Policy 2.A.6 N B B N B B Policy 2.A.7 N B B N N B Policy 2.A.8 N B B N N B Policy 2.A.9 B B B B B B Policy 2.A.10 N B B B B B Policy 2.A.11 N B N B B B Policy 2.A.12 B B N B B B Policy 2.A.13 B B N B N B Page 111

122 XI. Relationship of Plan to Management Topics Land Use and Development Policies Public Access *More planned access locations *Upgrades to existing access locations Land Use Compatibility *Reduction in habitat loss and fragmentation related to impacts of land use and developments *Reduction of water resource and water quality degradation Management Topics Infrastructure Carrying Capacity *Water, sewer, and other key community facilities and services being available in required locations at adequate capacities to support planned community growth and development patterns Natural Hazards *Land uses and development patterns that reduce vulnerability to natural hazards *Land uses and development patterns that take into account the existing and planned capacity of evacuation infrastructure Water Quality *Land use and development criteria and measures that abate impacts that degrade water quality Local Concerns *Recreation *Beach Inlet, Waterway management Policy 2.A.16 B B B N B B Policy 2.A.17 B B B N N B Policy 2.A.18 B B B N B B Policy 2.A.19 N B B B N B Infrastructure Carrying Capacity Policy 3.A.1 N B B N N N Policy 3.A.2 N N B N N N Policy 3.A.3 N N N N B B Policy 3.A.4 N B B B B B Policy 3.A.5 N B B N N N Policy 3.A.6 N B B B B B Policy 3.A.7 N B B B B N Policy 3.A.8 B B B B B B Policy 3.A.9 N N N N N N Policy 3.A.10 B B B B B B Policy 3.A.11 N N B B B N Policy 3.A.12 N B B B B B Policy 3.A.13 B B B B N B Policy 3.A.14 N B B B B B Policy 3.A.15 N B B B N N Policy 3.A.16 B B B B N B Policy 3.A.17 B N N N N B Policy 3.A.18 N B B B N N Policy 3.A.19 N B B B N N Page 112

123 XI. Relationship of Plan to Management Topics Land Use and Development Policies Public Access *More planned access locations *Upgrades to existing access locations Land Use Compatibility *Reduction in habitat loss and fragmentation related to impacts of land use and developments *Reduction of water resource and water quality degradation Management Topics Infrastructure Carrying Capacity *Water, sewer, and other key community facilities and services being available in required locations at adequate capacities to support planned community growth and development patterns Natural Hazards *Land uses and development patterns that reduce vulnerability to natural hazards *Land uses and development patterns that take into account the existing and planned capacity of evacuation infrastructure Water Quality *Land use and development criteria and measures that abate impacts that degrade water quality Local Concerns *Recreation *Beach Inlet, Waterway management Natural Hazards Policy 4.A.1 B B B B N B Policy 4.A.2 B B N B B N Policy 4.A.3 B B N B B B Policy 4.A.4 N B B B B B Policy 4.A.5 N B B B N B Policy 4.A.6 N B B B B B Policy 4.A.7 B B B B B B Policy 4.A.8 N B N B B B Policy 4.A.9 N N N B N N Policy 4.A.10 B B B B B B Water Quality Policy 5.A.1 N B B B B N Policy 5.A.2 N B N B B N Policy 5.A.3 N B N B B N Policy 5.A.4 N B B B B N Policy 5.A.5 N B B B B N Policy 5.A.6 N B B B B N Policy 5.A.7 N B B B B N Policy 5.A.8 N B B B B N Local Concerns Policy 6.A.1 B B B B B B Policy 6.A.2 N B N B B N Policy 6.A.3 B B B B B B Policy 6.A.4 N B B B B N Policy 6.A.5 B B B B B B Page 113

124 XI. Relationship of Plan to Management Topics Land Use and Development Policies Public Access *More planned access locations *Upgrades to existing access locations Land Use Compatibility *Reduction in habitat loss and fragmentation related to impacts of land use and developments *Reduction of water resource and water quality degradation Management Topics Infrastructure Carrying Capacity *Water, sewer, and other key community facilities and services being available in required locations at adequate capacities to support planned community growth and development patterns Natural Hazards *Land uses and development patterns that reduce vulnerability to natural hazards *Land uses and development patterns that take into account the existing and planned capacity of evacuation infrastructure Water Quality *Land use and development criteria and measures that abate impacts that degrade water quality Local Concerns *Recreation *Beach Inlet, Waterway management Policy 6.A.6 B N N N N B Policy 6.A.7 B N N N N B Policy 6.A.8 B N N N N B Policy 6.A.11 B B B B B B Policy 6.A.12 B N N N N B Policy 6.A.13 B B B B B B Page 114

125 XII. Tools for Managing Development XII. Tools for Managing Development Introduction This section of the plan describes the relationship between Town s existing development structure and its official Land Use and Development Policies. It concludes by describing several recommended changes in the existing structure to further the goals and policies of the new Land Use Plan. The section includes three parts: 1. Description of the role of the plan and the status of its policies as applied by various users involved in the Town's land use and development decisions. 2. Description of the Town's existing development program, including ordinances and plans, and how these ordinances and plans are used to implement the goals and policies. 3. Identification of additional tools that will be used to implement the plan. Immediately following this section is Section XIII: Action Plan and Schedule, which describes key implementation strategies that are recommended for consideration in carrying out the policies. The Oak Island CAMA Land Use Plan will serve both day-to-day and long-range planning functions. The day-to-day functions relate primarily to the Town s administrative staff on preparation and administration of development ordinances and the public's understanding and use of these ordinances for land use and development decisions regarding their property. Other users of the Plan include the following: Town Council For the Town Council, the Plan will serve as a policy and decision guide on matters related to land use and land development. It will not have the status of a local ordinance or code except in matters related to development or land use within Areas of Environmental Concern. The policies and the land classification map are intended to guide decisions on applicable ordinances and policies, such as the zoning ordinance and subdivision regulations. The plan will also be used in the Town Council s decision-making on the capital improvement plan and annual operating budgets. The Council will review the implementation plan periodically and make necessary adjustments based on budgetary considerations, coordination with other projects and community needs. The Town of Oak Island has a Council-Manager form of government. The Town Council consists of five members and the Mayor. The Town Council sets the Town's policy, enacts Page 115

126 XII. Tools for Managing Development ordinances and approves of new projects and programs designed to enhance the quality of life available to the residents and visitors of the community. The Town Manager is appointed by the Town Council, administers the daily operations of the Town and is responsible for implementing the Council s policies and ordinances. A Town Attorney is retained by the Town Council to provide necessary legal assistance. The Attorney assists the Council, Town Manger and Town Departments when legal expertise and advice are required. Planning Board The Planning Board will use the plan and its policies to determine consistency of project plans and development proposals with Town goals in making decisions to grant or deny requests, such as a zoning change or subdivision plat, or to approve project plans. The Board will then provide the Town Council with their written recommendation. Effective January 1, 2006, state statutes require that all (not just CAMA) city and county planning boards comment in writing on any proposed zoning map or text amendment. The comment must address whether the proposed amendment is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. When adopting or rejecting any proposed amendment, the city council or board of commissioners must also adopt a statement to address this issue (and also addressing why the board believes the action taken is reasonable and in the public interest). (GS 160A-383; 153A-341) It is also important to note that other state statutes (GS 160A-382 and 153A-342) specifically require that a statement be prepared analyzing the reasonableness of substantial flexibility as to how these statements are prepared. Many jurisdictions have a staff analysis on this issue, often including a draft statement prepared for planning board and governing board consideration, amendment, and adoption. Administration The Town staff will use the plan as a tool for evaluating development proposals and rezoning requests, and for preparing plans for public facilities. Staff will also check existing ordinances for consistency with the plan and recommend any necessary adjustments to the Planning Board and Town Council. Staff will also use the plan and implementation strategy when developing grant proposals and when preparing its budget recommendations. The Town s Administrative Services Department is responsible for a variety of services including customer service, Finance, Accounting and Purchasing, Tax Collection, Information Technology, Human Resources, Payroll and a variety of other administrative services. Administration is responsible for the general oversight of the activities of all town departments. Major functions include: preparation of the annual operation and capital budgets: the coordination of all risk management activities, recruitment and retention of employees, inventory control and providing information and formulation of ordinances, policies and programs for consideration by the Town Council to meet changing local needs and ensure compliance with state or federal requirements. Page 116

127 XII. Tools for Managing Development Division of Coastal Management and other agencies The Division of Coastal Management and other state and federal agencies will use the Plan for consistency determinations on major development permits on the consistency of their projects and programs with local plans and policies. Existing Regulation of Land Development The Town s Department of Community Development consists of planning, building inspections, code enforcement and CAMA regulation permitting/enforcement. The Director is responsible for the management of the department as well as special planning studies such as the CAMA Land Use Plan. Department staff works closely with the public to ensure understanding of the NC Building Code and other Town ordinances. The Department staff receives and reviews all development applications, rezoning requests and building plans for compliance with state and municipal regulations and ordinances within the Town. The Town currently has one Zoning Administrator and five (5) Code Enforcement Officers, plus the Development Codes Administrator (i.e. Chief Bldg Inspector). Based on this staffing, with two additional supporting staff members, code violations are usually discovered and corrected early on in the building process. This is also true for CAMA enforcement actions, as three staff members are LPO-certified. The department is also responsible for the coordination of the activities of the Town s damage assessment teams in the event of a natural disaster. In terms of resolving development violations, options include removing/correcting the structural problem, appealing to the Town s Board of Adjustment for a variance, or amending the zoning regulations to permit what has been built. In most instances structural modifications are selected as the preferred option. This is true for CAMA violations and rarely are CRC variances proposed as the means of resolution. All land development is subject to state and local regulatory permitting requirements. The following sections describe Oak Island s regulatory requirements as well as those applicable to CAMA. The following ordinances primarily guide land use and development within the Town and its ETJ: Oak Island Land Development Code. The Land Development Code is the primary means of regulating land use by the Town. It establishes fourteen zoning districts and the uses permitted, prohibited or conditionally permitted in each district. It also establishes building heights, minimum lot sizes and the location of buildings. The code allows residential, commercial and institutional uses, but no industrial uses within the Town or its ETJ. Subdivision Regulations. Oak Island subdivision regulations address the platting of lots into building sites. These regulations establish minimum design standards for the provision of Page 117

128 XII. Tools for Managing Development streets, utilities, storm drainage, street lights, underground wiring, open space and buffering. Since most of the entire Island is platted, these provisions are mainly relevant to portions of the mainland jurisdiction and the Town ETJ. Flood Damage Prevention and Flood Hazard Reduction Ordinance. This ordinance provides development and construction criteria that are designed to mitigate and prevent potential flood losses. Provisions of this ordinance meet or exceed current FEMA standards. Stormwater Management and Illicit Stormwater Discharge Ordinance. These ordinances require all construction activity to comply with minimum stormwater standards, provide on site stormwater control measures and stormwater management plans for new subdivisions and all building permits. The Illicit Stormwater Discharge ordinance requires best management practices for any activity that may cause pollution or contamination of stormwater, and monitoring of all properties that have stormwater discharges through on-site inspections, monitoring of all NPDES permits and the option of requiring permittees to install monitoring equipment as needed. Building Code Regulations. The Town of Oak Island has an active building inspections program and enforces the N.C. State Building Code along with additional provisions found in Chapter Eight of the Town Code of Ordinances. A building inspection program is performed to ensure all structures comply with the Building Code. Bulkhead Regulations on Town Street Ends. Regulations address the construction of vertical bulkheads for erosion control on public rights-of-way abutting any protected waters. Development Permitting Process If a development project will modify an existing structure or increase its size, or for any new development, the following permits may be required: Zoning Permit Site plans with description of work to accompany a zoning permit application; Conditional Use Permits For any development designated as a Conditional Use in the Town s Zoning Ordinance or any commercial development or any major subdivision, a Technical Review Committee composed of Town Department Heads and interested state agencies review and comment on the proposed plans to ensure consistency in the approval process. These applications are reviewed and approved by the Planning Board and Town Council; Subdivisions For all major subdivisions within the Town and its ETJ a preliminary plat and final plat are required to be submitted for review and approval by the both the Planning Board and the Town Council prior to earth disturbing activities. These reviews are accompanied with all state and federal permits including but not limited to USACOE 404 permits, NCDOT encroachment agreements, DWQ permits, SESC permits, water and sewer authorizations demonstrating capacity to serve and CAMA permits if applicable; Page 118

129 XII. Tools for Managing Development CAMA Permit If the development is located within the Ocean Hazard AEC, or within the 75 Estuarine Shoreline AEC, a CAMA permit will be required; Building Permit for all construction activities; Stormwater Permit If the development is disturbing less than one (1) acre of land and lot coverage will exceed 30 percent, then a Town Stormwater Permit will be required. If more than one acre of land disturbance is proposed, both a State Stormwater Permit (issued by the NC DWQ), a Town Stormwater Permit and a State Soil Erosion Sedimentation Control Permit (issued by the Division of Land Resources) are required; Flood Zone Determination If development is proposed in any flood zone then the lowest habitable floor must be elevated a minimum of one (1) foot above the Flood Insurance Rate Map (FIRM) base flood elevation (BFE); Vegetation Plans For all new development, and prior to the issuance of a building permit, a vegetation plan is required to be submitted showing the location of specimen trees and wooded areas that are proposed to be preserved. CAMA Permitting The Coastal Area Management Act (CAMA) requires permits for development projects within the twenty coastal counties and their municipalities. The CAMA permit system is divided into Major, General, and Minor permits, based on the size and possible impacts of the development project. Major Permits for projects that involve development in an Area of Environmental Concern (AEC), or require another state or federal permit, license or authorization, such as for dredging and filling, wetlands fill, stormwater management, sedimentation control, wastewater discharge or mining; construction of one or more buildings that cover more than 60,000 square feet on a single parcel of land; alteration of more than 20 acres of land or water; any dredging or filling of water or marsh; excavation or drilling for natural resources on land or under water (for which ten state and four federal agencies must review before a decision is made). General Permits used for projects that usually pose little or no threat to the environment. Minor Permits used for projects such as single-family houses that do not require major permits or general permits. They are reviewed, issued and administered to CRC standards by local governments under contract with the Division of Coastal Management. The minor permit program is administered by a local permit officer (LPO) who issues minor CAMA permits and approves permit exemptions. A minor permit is to be issued within 25 days once a complete application is submitted. If the project is simple to review, issuance is much quicker. Minor permits are usually required for projects such as single family dwellings. Minor maintenance and improvement work may be eligible for an exemption certificate. These may include additions and modifications to simple structures, shoreline stabilization, emergency maintenance and repairs and accessory uses to residences. Page 119

130 XII. Tools for Managing Development The Land Use Plan is used in the consistency review of CAMA major permit applications. Inconsistency with the LUP policies and Future Land Use Plan Map could result in the denial of State Permits, or require an amendment to the Land Use Plan. Effective January 1, 2006 state statutes require that all (not just CAMA) city and county planning boards comment in writing on any proposed zoning map or text amendment. The comment must address whether the proposed amendment is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. When adopting or rejecting any proposed amendment, the city council or board of commissioners must also adopt a statement to address this issue (and also address why the board believes the action taken is reasonable and in the public interest). (G.S. 160A-382 and 153A-341) It is also important to note that other state statutes G.S. 160A-382 and 153A- 342 specifically require that a statement be prepared analyzing the reasonableness of all CUP, conditional zoning or other small-scale rezoning. The statutes allow substantial flexibility as to how these statements are prepared. Many jurisdictions have a staff analysis on this issue, often including a draft statement prepared for planning board and governing board consideration, amendment and adoption. Division of Water Quality Permitting Development within the twenty coastal counties must comply with North Carolina Administrative Code (NCAC) 02H. Permitted projects are classified as low or high density, and impervious surfaces are established. For low density sites, developed areas are limited to 30 percent or less (twenty-five percent or less within one-half mile of and draining to SA waters), the Stormwater is conveyed by vegetated swales, and there is a thirty-foot vegetative buffer. High density areas require the use of Stormwater controls to meet performance standards for Stormwater runoff. Infiltration practices are mandated for areas draining to SA waters. The DWQ rules apply within 30 feet of the normal high water line of public trust waters, 75 feet of the normal high water line along estuarine waters. Along Outstanding Resource Waters, the rules apply within 575 feet of the normal high water line. Additional Tools Recommended to Implement Land Use Policies Section XIII Action Plan and Schedule that follows this section contains a wide range of implementation actions to be explored in order to carry out the goals and policies contained in the Land Use Plan. For a listing of the various actions, as well as an anticipated timeframe for Oak Island 2007 Land Use Plan completion, the reader is directed to the Action Plan. Some of the more significant new studies, plans and ordinance amendments recommended in the plan are shown below by subject area: Public Access Expansion of sidewalks and access along ICWW, including bike paths and walkways. Page 120

131 XII. Tools for Managing Development Update Ocean and Estuarine Public Access Plan. Improve shoreline access sites based upon beach user survey results. Evaluate conditional zoning and other mechanisms to protect fishing piers. Draft and adopt ordinances to regulate personal watercraft in Davis Creek/Montgomery Slough and design standards for waterfront development. Land Use Compatibility Create new development standards or overlay district to include landscaping, stormwater management and design requirements for multi-family development. Provide design standards and a commercial area plan for new and existing commercial areas and businesses. Review existing open space and tree protection provisions of the zoning ordinance. Draft and adopt ordinance to prohibit floating homes Draft and adopt performance-zoning standards to protect 401 and 404 wetlands. Community Appearance Draft and adopt an Overlay Zone for the Commercial Area and Entrance Corridors of the Town. New standards for development along corridors and gateways to Town will include signage, landscaping and stormwater controls. Development Impacts Establish provisions for analysis of infrastructure capacity and availability of public services as part of the rezoning review process. Infrastructure Carrying Capacity Continue construction of sewer system and review hook-up policy for residences with septic systems. Review and annually update the Hazard Mitigation Plan and educate the public of risks of natural hazards. Annually update, implement and incorporate strategies and infrastructure initiatives in the Capital Improvement Program. Page 121

132 XII. Tools for Managing Development Evaluate and amend zoning code to address access provisions on East Oak Island Drive to preserve traffic capacity. Natural Hazards Conduct an assessment of flood hazards, identify strategic hazard prone properties for potential acquisition and conduct public involvement activities. Review and annually update the Hazard Mitigation Plan and educate the public of risks of natural hazards. Draft and adopt a Post Disaster Plan for guiding reconstruction following a disaster. Water Quality Draft and adopt a buffer ordinance for all streams and drainage ways in the Town. Draft and adopt an impervious lot coverage regulation to mitigate stormwater runoff and investigate LID requirements for new developments. Support and implement Lockwood Folly Study report recommendations. Review and amend subdivision regulations to eliminate all wetlands from calculations of density, and require buffers around wetlands when permitting new development. Open Space Inventory open space, pursue grants and funding sources, develop and implement a plan to acquire open space. Recreation Implement programs to maintain Fit Community designation, and reapply in Pursue methods to maintain, improve and protect ocean fishing piers. Beach Management Evaluate and update Beach Preservation Plan every two years. Enforce dune protection and maintenance of beach and dune system. Review existing lighting ordinance for sea turtles and shore bird protection to assess any needed amendments and conduct citizen education activities. Page 122

133 XII. Tools for Managing Development Section XI of this plan contains a detailed assessment of the various strategies recommended in the plan. The strategies are analyzed in depth as to their likely impact on each of the policy areas required by CAMA. Page 123

134 XIII. Action Plan and Schedule XIII. Action Plan and Schedule Introduction This section of the land use plan sets forth implementation actions to carry out the policies. While the plan may list several dozen actions, it is important to note that only a portion of these actions is likely to be implemented in the five-year period between land use plan updates. Implementation actions are not mandatory items but, rather, are intended to suggest a number of options available to the Town. While the policies of the plan often remain relatively unchanged over time, implementation actions should be revisited annually and updated. With each annual review, the list of actions should change as new opportunities and needs arise. In addition, a two year implementation status report will be given to the CRC as required by the 7-L rules. Implementation Actions Concerning Public Access Policies Begin End Update the Ocean and Estuarine Public Access Plan to address opportunity sites for local and neighborhood access facilities, prioritize improvements to existing facilities and identify funding mechanisms. 1.A.1. FY 09 FY 12 Improve shoreline access sites based upon beach user survey results. Review and amend development standards for parking and access facilities to address both visual and aesthetic concerns and stormwater runoff. Review and develop legislation to regulate the use of personal watercraft in Davis Creek/Montgomery Slough Complex and develop standards for development to preserve views to the water from public spaces. 1.A.4. FY 09 FY 10 1.A.6 FY 09 FY 12 A.7. 1.A.8 FY 09 FY 12 Implementation Actions Concerning Land Use Policies Begin End Review development standards and amend to include landscaping, stormwater management, and design requirements for multi-family development. Provide design standards and a commercial area plan for new and existing commercial areas and businesses. Review existing open space and tree protection provisions of the zoning ordinance. 2.A.6. FY 09 FY 12 2A.8 FY 09 FY 10 2A.10 2A.11 FY 10 FY 10 Page 124

135 XIII. Action Plan and Schedule Develop and adopt performance-zoning standards to protect 401 and 404 wetlands. 2A.16 FY 09 FY 10 Implementation Actions Concerning Infrastructure Policies Begin End Include in the development review process infrastructure capacity and public service analysis for rezoning property. Evaluate wastewater extension policy to ensure consistency with plan policies and require septic tank hook up to central system. Annually update, implement and incorporate strategies and infrastructure initiatives in the CIP. Evaluate and amend zoning code to address access provisions on East Oak Island Drive to preserve traffic capacity and consider a Commercial Overlay District for improvements. Provide incentives for developments to provide bike and pedestrian improvements, and seek state grant funds for pathways. Evaluate and amend zoning to create corridor overlay district for Long Beach Road and New Bridge to enhance gateways to the Town. 3A.1 FY 09 FY 10 3A.6 FY 09 FY 10 3A.8 3A.9 3A.10 3A.11 3A.14 3A. 15 FY09 Continuing FY 09 FY 12 3A16 FY 09 continuing 3A.17 FY 08 FY10 Implementation Actions Concerning Natural Hazards Policies Begin End Review and annually update the Hazard Mitigation Plan and educate the public of risks of natural hazards. Conduct an assessment of flood hazards, identify strategic hazard prone properties for potential acquisition and conduct public involvement activities. Review and evaluate density and size of structures in hazard area and recommend reductions where needed. Test and update Emergency Response Plan and create Post Storm Development Plan. 4A.2 FY 09 Continuing 4A.4 FY09 FY 12 4A.6 FY 09 FY 10 4A9 4A.10 FY 09 Continuing Implementation Actions Concerning Water Quality Policies Begin End Seek to expand state water quality monitoring programs, seek funds for water quality projects. 5A.1 FY 09 continuing Page 125

136 XIII. Action Plan and Schedule Draft buffer ordinance for all streams and drainage ways in the Town. Draft impervious lot coverage regulation to mitigate stormwater runoff and investigate LID requirements for new developments. Review and amend subdivision regulations to eliminate all wetlands from calculations of density, and require buffers around wetlands when permitting new development. Continue to evaluate the effectiveness of tree and vegetation preservation ordinance and educate citizens concerning the value of trees. 5A.2 FY 09 FY 10 5A,3 FY 09 FY 10 5A.3 5A.4 FY 09 FY 12 5A.8 FY 09 FY 12 Implementation Actions Concerning Local Concerns Policies Begin End Update the Ocean and Estuarine Public Access Plan, maintain and improve accesses, including disabled access. Inventory open space, pursue grants and funding sources, and develop and implement a plan to acquire open space. Develop minimum standards for donation of conservation easements of wetlands through the subdivision and rezoning processes. Seek grants to protect existing specimen trees, and establish trees along main corridors of the Town. Implement programs to maintain Fit Community designation, and reapply in Pursue methods to maintain, improve and protect ocean fishing piers. Evaluate and update Beach Preservation Plan every two years and enforce dune protection and maintenance of beach and dune system. Review existing lighting ordinance for sea turtles and shore bird protection and citizen education. 6A.1 FY 09 Continuing 6A.2 FY 09 FY 12 6A.2, 2A.12 FY 09 FY 12 6A.4 FY 08 FY 12 6A.6 FY09 FY09 6A.7 FY 09 FY 10 6A.9 FY 09 Continuing 6A.12 FY 09 FY 12 Page 126

137 Appendix A Appendix A GIS Mapping Map 1 Map 2 Map 3 Map 4 Map 5 Map 6 Map 6a Map 7 Map 8 Map 9 Map 10 Map 11 Map 12 Map 13 Map 14 Map 15 Map 16 Study Area/Vicinity Natural Systems Wetlands Flood Hazard Areas Storm Surge River Basins and Water Quality Classifications Closed Shellfishing Areas Nursery Areas Soils Environmental Fragile Areas Environmental Composite Map Transportation Community Facilities Utilities Land Suitability Analysis Existing Land Use Map Future Land Use Map Page 127

138 Appendix B Appendix B Citizen Participation Plan Town of Oak Island - CAMA Land Use Plan Introduction The Town of Oak Island is beginning the development of a CAMA Land Use Plan under the North Carolina Coastal Area Management Act (CAMA). The Planning Program requires public participation in the planning process, and the Citizen Participation plan outlines the process for citizen involvement. The public, residents and non-residents both will be afforded opportunities to participate in a planning process that will shape policies that will guide permit decisions and future growth of the community. Goal: To ensure that Oak Island citizens, non-residents, elected officials, steering committee and staff are fully engaged and participate in the development of the Oak Island Land Use Plan. Key Participants: Elected Officials: Town of Oak Island Council is responsible for advocating, adopting, and supporting the implementation of the CAMA Land Use Plan. The Steering Committee: The role of the Steering Committee is to oversee the progress of the planning effort, act as policy makers, approve goals and objectives, and to ultimately make recommendations to the local elected officials. The Consultant: The consultant, Earth Tech, Inc., will focus its efforts on development of the policy direction of the plan through the identification of common goals, providing perspective on the experience of other communities in developing coastal land use plans, and focusing on accomplishing the scope of work. Local Planning Staff: The role of the local planning staff is to obtain data, organize meetings, prepare and distribute public notices, implement the Citizen Participation Plan, and ultimately implement the Land Use Plan. The Public: The planning process offers many opportunities for public participation. There will be a series of public workshops and other opportunities for public involvement that is detailed in the Citizen s Participation Plan below: Page 128

139 Appendix B CAMA Requirements for Public Involvement: Local governments that receive funding from NC DENR for CAMA Land Use Plans are required to develop and implement a Citizen Participation Plan. Public Participation requirements for state-funded CAMA Land Use Plans are contained in 15A NCAC Subchapter 7L, Local Planning and Management Grants. The Citizen Participation Plan (CP Plan) is intended to engage all socio-economic segments of the community, and non-resident property owners in the plan s development and utilize a variety of tools and techniques. Four major components are required for the CP Plan: 1. Designate a Lead Planning Group. The Town of Oak Island has designated the Planning Board to be the Steering Committee that oversees the development of the Land Use Plan. The Contact for the Steering Committee: Name: Jerry Walters, Town Manager Address: Town Hall Bldg., Oak Island, NC Telephone no.: Public Information Meetings are required to inform the public of the Land Use Plan process. The Planning Board Meets on the third Wednesday of the month. The meetings are held at 5:00 pm at the Recreation Center. Special meetings may be called as necessary. The meetings can also serve as tools that are used to report the progress on the Plan s development back to the public. All Planning Board agendas can allocate time for public comments on the land use plan. The Town can keep a record of all comments, residents, property owners and others who speak at the meetings. These names can be added to the mailing list and their comments as part of the record of participation and citizen involvement. 3. A variety of methods and techniques will be utilized to engage the public in a participatory planning process. The techniques selected will be used to help improve the community s understanding of the impact of land use and development may have on the community and its resident s quality of life. They will also be selected to help further understanding of the planning process, and provide opportunities for citizens to participate in the plan development. Some of the techniques and methods include town meetings, informational brochures, websites, and questionnaires. These techniques and their use are detailed in the tasks listed below. 4. Meeting Schedule. The meeting schedule proposed for the Steering Committee is monthly and the topics that will be covered are described below. Adjustments in this schedule can be made to accommodate any necessary changes in the planning process. TASK 1: PROJECT KICKOFF During Task 1, the consultant will present the Citizen s Participation Plan to the Steering Committee on January 5 at 10:00 a.m. The consultant will also provide an overview of the major components of the planning process for Phase I of the plan s development. The Town Planner will also provide input, and be available to answer questions concerning the Page 129

140 Appendix B planning process, plan development and plan approval, as well as other questions that may arise. TASK 2: FACILITATION AND CONSENSUS BUILDING The consultant will engage both the Steering Committee and the public in the planning process through the facilitation of planning meetings and review of planning materials and documents, with the goal of building consensus among stakeholders throughout the planning process. Other public outreach activities will include the consultant developing a questionnaire for use in obtaining input from non-resident property owners, a project web site, and a series of community meetings. The questionnaire will be addressed and mailed by the Town Planner to the non-resident property owners. It will seek input from non-resident property owners on a range of planning issues. The results will be tabulated and reported by the consultant to the Steering Committee at a meeting described below. A project web site will also be developed to keep interested citizens informed of the plan s progress. The consultant will provide appropriate materials to the Town for the development of a project web site that posts information concerning the planning process, plan reports, meetings and minutes and provides an on-line form for citizen input and comments. It is vital that local elected officials actively participate in the process through the community meetings and other forums that are planned and may be refined latter in the process. The Town Planner will create and maintain a mailing list that includes: organizations, residents, media, elected officials, agency personnel, interest groups, and others. The Town Planner will use the mailing list throughout planning process to keep a thumb on the pulse of the community and other key people. The lists include addresses but may also include telephone, addresses and FAX numbers or other information to aid in contacting people in a variety of ways. Using mailing lists will help to reach citizens with announcements of upcoming events, meeting invitations, newsletters, summary reports, and other information about the development of the CAMA Plan. TASK 3: BACKGROUND DATA ANALYSIS Task 3 involves the preparation of initial public meeting information and presentation materials, review of previous plans, policies and review of key issues related to growth and development in the Town of Oak Island. This task will assemble information and background that will be used in implementing the Citizen s Participation Plan. TASK 4: CONDUCT A PUBLIC WORKSHOP IN ORDER TO INTRODUCE THE PROJECT TO THE PUBLIC AND OBTAIN INPUT This task involves introducing the project to the public and receiving initial public input. A facilitated town meeting will be held on to present information to the public on the land use planning process and to obtain from the participants a broad range of land use and development issues important to the community. From this input, a priority list of issues will be generated. This planning meeting is intended to engage the community in the planning Page 130

141 Appendix B process, and to begin to shape a vision statement on the future development of the Town. Members of the Steering Committee will be asked to encourage their friends, neighbors, business associates and other community members to participate, and also provide public meeting support. The Town Planner will compile a list a stakeholders and ensure they are invited to attend the meeting. The facilitated town meeting will be organized to solicit a wide range of issues from the participants, and to begin to develop a vision for the plan. An inclusive planning process can help to define and articulate a vision for a community s future. The location, scale, character and rate of development desired by the community are all topics to be addressed, as well as other issues, which should serve as the framework for the development of the community s vision. The Town Planner will provide background information and explain how the Land Use Plan has been used to guide development during the past. The Town meeting will have two parts. Part one introduces the participants to the background information on land use and development trends, as well as the planning process. Part two is a structured process that will break participants up into small working groups that will generate a list of issues and concerns and then prioritize a single list of issues. Public notice is required at least 30 days before the first meeting, and a second public notice at least 10 days before the meeting date. Notices will be sent to the Coastal Resources Advisory Council, and the appropriate DCM District Planner. TASK 5: MEET MONTHLY WITH THE STEERING COMMITTEE Task 5 meetings will occur monthly, starting in January 2006, as meetings are scheduled to review and cover the planning elements of Phase I of the Land Use Plan schedule. The monthly meetings with the Steering Committee will cover the topics identified as follows: Meeting Schedule Date Event January 5, 2006 Review of the Citizens Participation Plan Steering Committee Meeting February 16, 2006 March 2006 April 2006 May 2006 May 31, 2006 Review of Growth Trends and Land Use Plan Report Conduct Public Meeting and Discuss/Draft Community Vision Review GIS Maps of Natural Features, Environmental Conditions and Land Use Patterns and Vision Statement Review report on Existing Conditions, Land Use and Community Facilities and Land Suitability Analysis Review Draft Land Use Element Page 131

142 Appendix B TASK 6: CONDUCT MEETINGS WITH TOWN COUNCIL AND STEERING COMMITTEE Task 6 will provide an opportunity for both the Steering Committee and the elected Town officials to meet and review progress on the Land Use Plan and discuss the results of the Facilitated Town Meeting and the survey of the off-island property owners. The Council and the Steering Committee will provide valuable advice on the planning elements as they are being initially formulated, and help to shape the specific policies and actions that will be proposed in the plan. Two concurrent meetings are proposed for the Steering Committee and the Town Council to review progress on the Land Use Plan development. These meeting are proposed for June and August. One meeting is proposed to review the results of the Facilitated Town Meeting and the vision for the community. The second meeting would be scheduled to review the proposed Land Use Plan element. The dates of the meetings will be scheduled at a latter date. Page 132

143 Appendix B Press Release Subject: Speak Out For Oak Island Be a part of deciding our community s future Time/Date: June 1, :00 pm 8:00 pm, Recreation Center Contact: Jerry Walters, Town Manager, Tel. No. (910) Oak Island s Steering Committee invites area resident to a Town Meeting to discuss the future of Oak Island when it hosts a town meeting June 1 st. The meeting, titled Speak Out for Oak Island is being supported by the Town Council, the town staff and the Steering Committee, and will be facilitated by its members. The meeting will explain the planning process for the new CAMA Land Use Plan that will guide the future growth and development of the Island. The meeting is intended to obtain residents views and aspirations for quality of life issues and to give the residents an opportunity to help shape the vision and issues that the land use plan will address. The meeting is the first part of a larger effort to obtain citizen input into the plan. A survey to solicit views on a variety of planning issues will be mailed out to all property owners soon so area residents can also provide information to assist planners working on the plan. The purpose of the meeting is to get the town residents together in order to generate a list of issues and concerns that the plan should address. The meeting will also solicit the resident s aspirations and visions for the future of Oak Island. Everyone who attends can share their opinions about growth, development, natural resource protection and all other issues of interest. All residents are invited to attend. Snacks and Refreshments will be provided. For more information about the Speak Out for Oak Island meeting or to share your opinion about the plan and other issues, contact at tel no. Page 133

144 Appendix C Appendix C Survey Oak Island CAMA Land Use Plan Survey Questionnaire This questionnaire is being used to gather information for identifying key issues for consideration by the CAMA Land Use Plan process. In order to properly address the concerns regarding the quality of life in the Town of Oak Island, you are requested to fill in the questionnaire, and either place it in the drop box or return/mail it to Town Hall c/o Sara Fennell, Town Hall, Oak Island, NC by, Thank you. 1. I am a permanent ( ) or seasonal ( ) resident of Oak Island. Check one If you are a seasonal resident, skip questions I work in the town or county. Circle one 3. I am employed ( ) unemployed ( ) I am retired ( ) 4. I work full-time ( ) part-time ( ) 5. Number of people living in my home ( ); adults ( ) and children ( ) 6. What characteristics make Oak Island a good place to live and visit? 7. If you could change any conditions on Oak Island, what would those changes be? 8. Is the Town growing too slowly ( ) growing at the right pace ( ) growing too fast ( ) Not grown enough ( ) 9. What type of growth should be encouraged or discouraged? Check one each ENCOURAGED DISCOURAGED Permanent Residential Seasonal Residential Single family dwellings Duplexes Apartments Condominiums Mobile Homes Commercial Motels Tourist Business Mixed Use Page 134

145 Appendix C 10. How can Town Management improve planning, zoning and building services? 11. How can the Town improve the Island s appearance and aesthetics? 12. Should the Town preserve trees and require new business to meet landscaping and design standards? Yes ( ) No ( ) 13. What measures would you support to improve traffic, streets and stormwater? ( ) Revise policy and improvement as many streets as possible with stone only. ( ) Pave the streets according to current policy ( ) Pave all streets. ( ) Implement and improve storm water standards where streets are paved ( ) Improve storm water/drainage throughout the Town with improved standards ( ) Widen main corridors to include additional lanes ( ) Install traffic signals and pedestrian crosswalks at unsignalized intersections 14. As populations increases, more public services and facilities will be needed. How should these be financed and who should pay? Indicate your preference by marking a, b, c, d or e by the service or facility. (a) Individual Property assessment (b) User fee- those who would benefit would pay (c) Impact fee those who would benefit would pay (d) Taxation all tax payers pay through a general tax fund (e) Bond financing money would be borrowed and paid back ( ) Sewer ( ) Street improvements ( ) Fire protection ( ) water service ( ) Sidewalks ( ) Sanitation ( ) Administration ( ) Stormwater 15. Do you believe Oak Island is prepared for emergency evacuation? Yes ( ) No ( ) 16. Do you believe that the Town has adequate recreational facilities? Yes ( ) No ( ) 17. Do you believe that the Town has adequate beach facilities and access? Yes( ) No( ) Comments: 18. Should the Town plan for and address the potential impact of Port Development at South Port? Yes ( ) No ( ) 19. Would you be willing to pay higher taxes to support the suggestions you have made above? Yes ( ) No ( ) Comments: Page 135

146 Appendix C 20. What are your views on Water Quality within the Town of Oak Island? Do you think the Town has problems? Are they related to stormwater and drainage? If so, what are your ideas in addressing the problems? Comments: 21. What are your views on Natural Resource Protection (i.e. Beaches and dunes, channels, marsh and creeks, groundwater and shellfish bed closures)? Comments: 23. What do you think are key planning issues? Check the boxes ( ) Growth ( ) Public facilities and services ( ) parks and recreation ( ) Traffic ( ) Water/Waste water ( ) Economy ( ) Community Character ( ) Beach renourishment ( ) Citizen Participation ( ) Annexation/ETJ ( ) Tourism ( ) Stormwater/Drainage 24. How would you describe your vision of the future of the Town of Oak Island? Other Comments: Thank you for your participation and cooperation! Page 136

147 Appendix C Survey Results Page 137

148 Appendix C Page 138

149 Appendix C Page 139

150 Appendix C Page 140