Kill Devil Hills 1980 land use plan executive summary

[From the U.S. Government Printing Office, www.gpo.gov]

COASTAL ZONE

INFORMATION CENTER

KILLS DEVIL HILLS

1980

LAND USE PLAN

EXECUTIVE SUMMARY

The preparation of this report was financially
aided through a federal grant from the National
Oceanic and Atmospheric Administration. The grant
was made through the North Carolina Department of
Natural Resources and Community Development.

HD
211
N8
K55
1980

GENERAL OBSERVATION

The Town of Kill Devil Hills'is a beach community on the Outer

..Banks of North Carolina. Although its permanent population is less

than 1,800 people, its summer population swells to nearly 13,000 over-

night visitors and residents. Kill Devil Hills is predominantly ocean

oriented. Recent development has tended to locate near the Sound.

Kill Devil Hills has considerable natural resources. These include

the Sound, adjacent marshland, fresh water ponds with valuable wild-,

life, large dunes along the soundside, and the ocean and its beaches.

Kill.Devil Hills is nearly completely subdivided., Opportunities. to

protect many environment:features. must rest with the,voluntary-actions

of residents, visitors and developers. The Townis grow,ing at a rate

between 8 and 13% per year. This.growth rate will probably cause the

Town.to be completely developed by 1990. Redevelopment will probably

not occur until after 200.0 due to the fact@that considerable open

space exists to both the north and south of Town.

GROWTH

Policies Considered.

(1),Increase growthrate to 15 or more percent; (2) Keep growth
rate of 1970s,' namely 8 to 13%; (3) Limit growth rate to under 8%;

(4) Limit growth rate to a number which reflects the capacity of,the

present facility system without major, costly additional expenditures;

(5) Adopt'a no growth policy.

Discussion

Townspeople want to restrict growth to a level which will not
re quire major, costly addition expenditures-. (Questionnaire, pp. 5-6)

The Town has approved several new subdivisions and partiall approved
y

plans for additional motels.on the beachfront. The Regional Sewer

System may not be. as expensive.as.1 the respondents. to the questionnaire

believed it to be. (Envi rohmental, Cons i derati ons, pp.. 1.7 f.) Except

for sewer, facility capacities appear to be. sufficient to handle 13,000

additional overnight visitors. and residents..

Policy Selected

Retain growth rate of the'nea'r past, namely the 1970s. Plan,to.

construct and improve facilIties and services to meet the demands of

13,000 additional residents anticipated to move @to the Town by 1990.

Impl,ement@ation
Adopt other. pol icies cons is tent. with this overall. policy. (See

additional policies in this Section.)

ENERGY SHORTAGES AND MARKET FACTORS WHICH COULD AFFECT

THE GOAL OF REACHING THE SELECTED GROWTH RATE

Policies Considered
(1) A'ssis't private sector in finding suitable financing for

favored development; (2) Take measures to assure a sufficient quantity
of gas will be available for motorists @ho reach the Town; (3) Develop

a mass transit system to diminish the reliance on the auto for persons

who have reached the Town; (4) Take no action.

Discussion

Past relationships between energy shortages, tight money and Town

growth seem to support the conclusion that no long term effects on the

building rates will result from short term energy shortages or tight

money. (Population, pp. 11-15) Traffic congestion and associated

hazards on the'Bypass justify the Town supporting some measures that
will reduce problems there. (Transportation, pp,.8-14) The public

does not strongly support expenditures for mass transit. (Question-

pp. 14-15) Therefore, mass, transit should be pursued only if

the system pays for itself.

Pol icy_ Selected

The Town will support efforts begun by the Town of Nags Head

aimed at providing mass transit for the beach communities on the

northern Dare County Outer Banks. This support will probably continue

as long as thesystem is self-supporting.

Implementation

.Cooperation with the Town of Nags Head in finding further sources

for the project. Administrative assistance from the Town to the Town

of Nags Head.

Comment

As.a result of implementing this policy in the current planning

year, a mass transit system was established during the summer of 1980.

CONSTRAINTS TO DEVELOPMENT

Pol-icies Considered

Determining that none, some or all of the following deserve local

government.action which would make them a constraint to development.,

M Flood hazard.areas, (2) Areas with soils considered unfavorable

for the use of septic systems, (3) Wetlands, (4) Wooded lands and
especially, Nags Head Woods--dunes, ponds, wooded areas (bay forest,

mixed hardwood forest), marsh, hammocks, etc., (5) Oceanfront dunes.

Discussion

Kill Devil Hills is currently nearly completely subdivided.

Large lot sizes for sensitive environmental features are not possible.

Standards desi.gned to diminish damages from flooding are being

enforced. (Current Plans, p. 4) Flooding is only a pa.rtial con-
straint to development in that it increases the@costs of building.

in.,effect during the 70s, one can con-
Since, the regulations have been

clude that the regulations have no significant effect on the growth

rate. The soils on the Outer Banks have severe limitations for

development relying on the use of septic systems. (Environmental

Considerations, pp. 6-15). Environmental damages are probably limited

to pollution of the Sound. This damage can probably be avoided if

developers and builders use large lot sizes on lands close to the

Sound. Nearly all leand adjace nt to the Sound is already subdivided.

The Coastal Resources Com mission. currently I i mi ts the use of develop-
ment within 75 feet of the Sound. The Commission (C.R.C.) also

protects wetlands from development. Permits are required for develop-

ment in both areas.

A,large.-portion of the Woods is subdivided; roads have been built

and lots have been sold. A signific ant portion of the built-on lots

have retained their natural vegetation, despite the.absence.of Town

regulations requiring cover requirements., The respondents to the

questionnaire favored protection of environmental features, preserva-

tion.of open space, use of large lot sizes and minimum cover,require-

ments. (Questionnaire, pp. 8-11) The Board of Commissioners is

reluctant to increase governmental regulation unless it is absolutely

necessary.

Development along the oceanfront is limited by the C.R.C. to those

instances where a flood hazard setback is observed and the primary dune

is not disturbed.

Policy Selected

The follow.ing are deserving of additional action by the Town of

.Kill Devil Hills whic,h would make'them constraints to development:

areas with unsuitable soils,for septic systems. It is Town policy to

limit development on such soil,s, as mapped by the consultants and

representing soils determined to have limitations by the Soil Conser-

vation Service. The Town supports the enforcement.of septic system,

regulations as enforced by the County Health Department. The Town

will continue to participate in the Federal Flood Insurance Program.

It will continue to enforce a flood hazard ordinance with accompanying

building standards, so.long as the program is in effect. The Town

encourages property owners to retain the natural wooded condition of

their-property as a shelter for-wildlife and to prevent erosion. The

Town.does not wish to designate the Woods within the Town limits as an

Area of Environmental Concern.- The Town supports C.R.C. policies and

regulations protecting the marshlands along the Sound. The Town

favors the maintenance of existing policies on the fresh water pond

which constitutes the back-up water source for the Town. The Town
supports policies of the C.R.C. that will protect the dune system
along the ocean, however, it does hot support setbacks adopted for

thesole purpose of anticipating erosion during the next thirty years.

Implementation

The Town will retain its flood control ordinance. The Town will

work with the County Health Department. The Town will continue to

enforce its building code, zoning ordinance, subdivision regulations.

The Town will take an active role in policy development of the C.R.C.

(whenever possible the Town Administrator and members of Board of

Commissioners will attend the meetings). The Town will enforce

CA.M.A. regulations by keeping in'effect an implementation and

operation plan and by designating a local permit officer as required

under that statute.

WATER ANDSEWER FACILITIES

Policies.Considered

(1) Participating or building a public sewer system to handle

growth anticipated during.the next tento twenty years;

(2) Encouraging stmll package plan ts for handling household wastes

commercial wastes--such systems to be located in areas with poor

soils for septic systems and in areas of dense motel and/or restaurant

development; (3) Delay decision Until further studies can be completed;

(4) Leave the decision totally to S tate and Federal agencies.

Discussion

.,.Additional motel development will provide a secure source of,

revenue for future services. Motels yield. higher revenue per acre
than do single.family structures. .(Housing,'pp. 24-28) Exi.sting

subdivisions, when developed, may damage the Sound and surficial

aquifer--lot sizes are not sensitive to what we currently know about

the filtering capacity of soils for handling domestic Wastes. The

State supports increasing the level and revenue from tourism. The
Federal Government is recently considering limiting development by

limiting services and facilities on the barrier islands. The Town

had participated in the Dare Beaches Water and Sewer Study and pre-

liminarily backed the plan to build a regional sewer system for the
towns of Manteo, Nags Head and Kill Devil Hills.' A plan to study

package treatment systems would take too long, significant lead time

has already been spent on the regional sewer system. A sewer system
needs to be completed as soon as possible.

Selected

The Town supports the building of the regional waste treatment

facility. This project should be begun and completed as soon as

possible.

Implementation

The Town will investigate methods of raising the funds necessary

to construct the local collector system and pay for its share of the

facility costs as soon as the project seems likely to receive State

and Federal approval. The Town will probably submit a bon,d raising

proposal to referendum. In implementing the construction of the local

sewer system, the Town will extend lines to areas with poor soils and

dense populations first and then to other areas.

Note

In the event the Regional Wastetreatment Facility is abandoned,.

the Town will study the feasibility of using package plants.

Interim Policies

Interim policies designed to discourage the building on lots

with poor soils were cons.idered but rejected., (Public comments.to the

preliminary draft and proposed interim policies were so harsh as to

demand.their removal.) The Town desires, that this problem be solved

by.the construction of a public sewer system.

Comment on the Water System

The Water system has sufficient excess capacity.to meet demands

to 1990. The Regional Water Distribution System was completed during

the summer'of 198.0; its capacity and ability to expand should enable

the Town to be assured of sufficient,.quantitites of water for local

distribution to 1990. The fresh water pond will be used as a back-up

water supply.

HURRICANE EVACUATION

Policies Considered

(1) Treat hurricanes as an unusual natural occurrence which should

,be planned for but which do not demand the kind of public expenditures,

to insure lives and safety beyond the extent to which they are c,ur-

rently protected; (2) Take such measures as are necessary to evacuate

the Outer Banks'when threatened by hurricanes; (3) Restrict the''mea-

sures in number two above to only planning measures,that do not

involve public expenditures; (4) Limit growth to amount that can be

evacuated safely.

Discussion

The chance of a hurricane striking the Dare Outer,Banks appears
to be about .1 in 10 in any year., A hurricane or major storm will

probably require evacuation as there are not adequate shelters.in

existence on the Outer Banks to accommodate even a small proportion

of the population. The likelihood of a successful evacuation is

related to the warning time. By 1985 the population on the Outer Banks

from Ocracoke to Corolla needing; to exit using routes US 64 and US 158

will have exceeded the bridge capacity on the road network, even given

reasonable early warning.(48 hours). (Transportation, pp. 1-8)

Despite Department of Transportation Plan providing for four lane

highways in Currituck to the bridge overthe Currituck Sound and the

six -laning of the Bypass,no plans exist to,increase the bridge over

the Sounds to four lanes,'or to build another bridge.

Policy Selected.

The Town requests the State Department of Transportation to plan,

engineer and build anotherbridge across the Curri'tuck Sound. The-:

Town requests the County to update its hurricane evacuation plan to

account for problems identified in the technical report to this Plan

(See Transportation, pp. 1-8).

Interim Polity

In the event that a plan to increase the bridge capacity is not

forthcoming from the State by 1985, the Town will work with other Dare

Beach communities and the United Sta tes Park Service to place limits

on growth.

Implementation

The Town will write letters of request to the County and State,

and assist them in their efforts to'implement these policies. The

Town will prepare ordinances to implement the interim policy in case

it should become necessary.'

TRANSPORTATION,NETWORK: BYPASS

Policies Considered

(1) Re quest that State build four lane road on Bypass right-of-

way; (2) Request State build feeder roads along Bypass; (3) Build a

new two lane road along the Sound; (4) Restrict commercial access to

the Bypass; limit new streets entering Bypass; eliminate left turns on

Bypass; (5) Establish system of one-way pairs.

Discussion
Traffic levels on the Bypass currently exceed de.sign'standards.

The Thoroughfare Plan of 1973 calls for building a six lane highway

on the Bypass right-of-way. D.O.T. states that feeder roads would be

too expensive because the right-of-way would need to be enlarged.

One-way pairs are unacceptable to the Town because they would increase

the level and speed of traffic on'the beach road which'is heavily used

by pedestrians for beach access. (Transportation, pp. 8-17) The

respondents to the questionnaire support a four lane highway; they

oppose restrictions and one-way pairs.. (Questi,onnaire, pp. 11-12)

State budgets for highway improvements appear dismal.

Policy Selected

The Town supports the Thoroughfare Plan (1973) and requests the

State to implement the plan as soon as possible. The Town will place

a low priority on paving streets that are currently only paper streets

in such a way that access would be directly to the Bypass, except where

to not do so would result in no reasonable access to the Bypass in the

area.

Implementation
The Town has requested the'State b.O.T. to place the plan to.six

lane the Bypass on its improvements program for the next ten years.

The Town will.develop a policy on. street connections to the. Bypass.

The details of the policy,will be included in the management tools

study in 1980-1981.

Interim Policies

In the event that funding for this project is not provided by

1985, the Town will set up a Task. Force to study the problem and make

recommendations.

TRANSPORTATION NETWORK: LOCAL ROADS

Policies Considered

(1 Pa.ve, local roads pursuant to a priority list, the' priorities
reflecting policies of the Town concerning which, areas it wishes to see
developedfirst (reflecting problems with soils for septic systems of
lots adjoining the roads, of foundation.s for the road itself); (2) Pave

local roads when the majority'of the people on the street arewilling

to pay for 50% of the costs; (3) Require new subdivisions to build

roads,to Town specifications.

Discu ssion

Kill Devil Hills currently requires roads in new subdivisions be
built.to Town specifications.. Current policy also calls for property

.Owners to share in the costs of new streets designed to serve them.

The respondents-.to the questionnaire indicated a desire to see greater

spending of tax monies for paving the streets. (Questionnaire, p. 15).

Policy

The Town will continue its policy of paving local roads when a

majority'of the people on the road or street are willing to pay 50% of

the costs of the paving. The Town will study alternatives to this

policy in its revision of the management tools in 1980-1981.

Implementation

None required, except to study the matter further with concrete

proposals in the management tools study in 1980-1981.

HOUSING MIX

Policies Considered

(1) Maintain low density housing mix of pa-st ten years; (2) Shift.

housing mix to a greater percentage of motel units; (3) Shift housing

mix to encourage more condominiums.-

Discussion,

A housing mix1that would result in higher densities would create

the best tax base and greatest net revenues to the Town. (Housing,

pp. 24-27) The respondents to the questionnaire indicated a strong

desire to retain the family beach atmosphere (limiting high density)

and to increase the amount of open space. (Questionnaire, pp. 7-11)

Policy Selected

The-Town desires to p.rovide for a future housing mix which is
approximately 75% single family and,'25% motel units. Middle. densities

will be largely discouraged.

Impl ementati on

The Town will review its zoni*ng*,ordinance to determine if it can

.adjust zones and densities to accomplish this policy. Programmed.

for management tool study, 1980-1981.

RECREATION AND BEACH ACCESS

Policies Considered

The Town considered the followina facilities to determine which

ones should be provided at public expense: (1) marinas and boat',

(2) parking for beach access, (3) bathhouses, (4) playgrounds,

tennis courts, (6) indoor ball courts, (7) ballfields, (.8) picnic

facilities, (9) jogging and walking paths, (10) bikeways, (11) meeting

hall.

Discussion

In 1979 the Town adopted a beach access plan. (See Current

Plans.) The respondents to the questionnaire indicated a need and

desire to have parking provided for beach access. They also showed

some support for bikeways and jogging paths. (Questionnaire, pp. 13-

14) Recreation on the Dare beaches is strongly tied into beach use.

Approximately two to three acres of parking will be needed to

accommodate the 1990 population, if mass transit is unavailable.

Only a few of.the beach. access points are maintained by the Town.

Policy Selected

The Town will plan to provide adequate beach access facilities

for the general public and especially for overnight residents of the

Town. More specifically, the Town will attempt to improve and main-

tain all the beach.access points within its jurisdiction within the

next ten years. The Town will develop a plan to acquire any addi-

tional land needed for parking. The Town w,ill cooperate with Nags

Head towards the goal of achievi.n g an acceptable mass transit system.

The Town will work with Nags Head and private organizations,

including Nature Conservancy, to develop'jogging and walking paths and

bikeways.

Implementation

The Town Administrator will investigate the adequacy of existing

Town property for use as parking in connection with beach access for

both the ocean and sound. He will also prepare a schedulefor

improving beach access points during the next ten years. The Town

will work with Nags Head on grantsmanship leading to the funding of

bikeways, jogging and walking paths. Some motel development (30%

of new units) have been encouraged in order to provide greater

opportunities for the general public to use the beaches.

BEACH AND SHORELINE EROSION

Policies Considered
(1)"Encourage projects aimed at preserving the existing beach,

including gr oins and jetties; (2) Encourage the projects depending on

how much local, state and federal monies are involved in the project;

(3) Discourage these projects.

Discussion

Projects designed to stabilize the ocean beaches and prevent

further erosion are expensive. Further State money for such projects

seems dubious. Private erosion control actions usually interfere with

the public's right to the beaches. They also affect the property

rights of adjoining landowners. The building of steel and. concrete

structures along the oceanfront inevitably will require beach stabili-

zation or acceptance of severe:damage to property and consequential

loss of tax revenues. (Beach Dynamics, pp. 1-4)

Policy Selected

The Town is opposed to private and governmental actions that

would attempt to stabilize the beach rather than allow it to migrate.

The Town is opposed to bulkheads, jetties, groins, and the like along

the oceanfront. The Town will not spend local. tax monies to protect

private landowners from problems due to ocean migration. The Town

encourages motels to locate west of the beach road.

Implementation

The,Town will rely on consistency review and existing C.R.C.,and

D.N.R.C.D. policies to implement policies towards building jetties and,

groins. The Town will amend its zoning ordinance to remove features

requiring bulkheadsalong the oceanfront. The Town will review' its
zoning ordinance to aliow new motel zonas west of the beachroad, and

perhaps to'curtail the possibility of motel development along the

ocean, or some secti.ons of the oceanfront. The Town will investigate

the possibility of adopting different open space requirements for

oceanfront and non-ocea,n,front property in the goal of fostering.motel

development beyond the reaches of the migrating beach.

DUNEPLOWING, REBUILDING AND REVEGETATING THE DUNES,

BULKHEADING THE'ESTUARINE SHORELINE

Policies Considered

(1) Encourage such actions; (2) Discourage such actions;

.(3) Require or prohibit such.actions.,

Discussion

The Town has always allowed duneplowing and other actions, even

if it cons'idered such actions as futile, provided the actions were not

undertaken in such a manner as.to damage a neighbor's property. The

Town,encourages the bulkheading of soundside and canal,property. This.'

type of bulkheading will reduce,sedimentation in the canals and Sound,

increasing water quality and limiting expenditures by private indi-.

viduals, to maintain boat access.

Policy Selected

The Town encourages the building and rebuilding of the dunes..

@Such action will require a C.A.M.A. permit. The Town supports the

individual private landowner's decision towards duneplowing, provided

such actions are not detrimental to the property rights of adjacent.

landowners or to the public's right to the beach. Again, a C.A.M.A.

permit is required for duneplowing, limited to emergency situations

only. The Town encourages the bulkheading of property.along canal

lots and adjacent to the.Sound where such property is experiencing

erosion and,lwhe,re natural barriers to erosion are limited or non-

existent.

BUILDING HEIGHTS

Policies Considered

(1) Limiting building heights to,an amount that could be served

by Town fire equipment; (2) Limiting height in.entire Town to 50 feet;

(3) Limiting height near airport to 50 feet to provide greater safety

there, but allow unrestricted heights outside of normal flight patterns

and anticipated deviations therefrom.

Discussion

Kill Devil Hills has traditionally viewed the height limitation

as',a capacity factor; maximum allowable height under the zoning

ordi,nance,is 50 feet., Modern sprinkler systems would reduce need of-

Town firefighting equipmentbeing able to reach structures above 50

feet. Strong winds especially during hurricanes. and'.storms pose

concern over the ability of tall -structures to withstand the forces

of nature. Elevations above 50 feet in.theflight path of an airport

or near an airport may be hazardous for pilots navigating landings

and takeoffs.

Policy Selected

'limitation for
The Town will retain its current 50 feet, height

structures.

Implementation

Retain height limitationin the zoning ordinance.

COMMERCIAL AND RECREATIONAL FISHING.

OFF ROAD VEHICLE USE.

Policies Considered

(1) Regulating conflicts between commercial fishing and bathing

and sport uses; (2) Not regulating.the same.

Discussion

The conflicts between fishi.ng, ORVs, and other beach uses are not

as great as they couldbe. Kill Devil Hills does.not have any

fisherie.s. Retail houses where fish are sold are permitted under the

Zoning ordinance and restricted in terms of location. Commercial

fishing on the beaches usually occurs in the fall when there is least

likely conflict with beach use for bathing and swimming. The Town has

several access points to the beach which are suitable for use by

commercial, four-wheel vehicles.. The Town regulates the use of off-

road vehicles forrecreational use and prohibits that use from May to

September. The Town is not aware of any means to regulate commercial

fishing uses toprevent conflicts, even [email protected] to become more-

significant.

Policy Selected

The Town would probably not support State or local regulation to

deal with@,conflicts between various beach and surf users at this time.

Note

The Town separates surfing uses from bathing uses.

Implementation

None required.

AGRICULTURAL, FORESTRY AND INDUSTRIAL USES.

Policies Considered

Encouraging or'discouraging these.uses; (2) Restricting or
prohibiting these uses.

Discussion

None of these uses is really.significant in size or contribution

to the Town. Only the land in the Woods is probably capable of being

used for agricultural purposes; the.immediate use of this area appears
to be for residential development and conse'rvation. The Woods are

suitable for forestry purposes; they have been cut at various times in

the history of development of the island. This use will conflict with

residential use and desire to protect the marshlands from'disturbance.
Some industrial uses.are currently existing in'the Town (cement plant)*@

someareas are zoned for light industry, although these areas have

been developed with mobile home parks.

Policy Selected

The Town opposes the commercial cutting of the Woods. The Town

.does not consider agricultural purposes likely. The Town considers

@additional industrial development a possibility with other businesses

in the Town.

Implementation

Direct regulation at the local level of commercial forestry or

agriculture is not deemed possible because of legal restrictions. The

Town relies on consistency review.: Industrial uses are limited

through the zoning ordinance; these zones will be reviewed together

with regulations encouraging or discouraging industrial use during
the study.of management tools (luring 1980-1981.

'COMMERCIAL DEVELOPMENT

Policies Considered

(1) Encourage commercial development along the beach rcad and the

Bypass as allowed by the'current zoning ordinance; '(2) Encourage the

greater concentration of commercial development in the northern and

southern sections of Town (slight shift.in pattern);, (3) Attempt to

restrict commercial development.

Discussion

The zoning ordinance provides for commercial development along a

large portion of the Bypass and the beach road. Many of these areas

are.already developed as residential, some are still vacant lands.

Commercial development is heaviest in the southern section near the

.Nags Head limits (Sea Holly.Square, many restaurants, some motels),

with a smaller area of development in,the northern section. of Town.

Strip commercial development along.the Bypass will interfere with the

functioning of.this highway. Aggregating commercial uses in, the
already developing southern section of Town would.probably,yield the,

greatest benefits to the Town in.terms of service,,diminished inter-

ference with residential uses, and conflicts with the highway system.

Policy Selected

The Town will attempt to review its zoning ordinance and to

revise it to reflect a policy of attempting to provide more centrali-

zation for the commercial zone.

Implementation

The Town will consider amendments to its zoning ordinance. The

review of the management system is planned for the 1980-1981 fiscal@

year.

'AECs, POLICIES OF THE COASTAL RESOURCE COMMISSION

Policies Considered

(1) Complete support of current%and future policies of the

Commission; (2) Limiting that support.

Discussion

The Town disagrees with several recent decisions.of the

Commission, espec.ially pn ocean setbacks on the basis of.30 year

erosion rates and regulation of land adjacent to the Fresh Water Pond.

The Town is opposed to nomination.of land known.as the Woods as an

area of environmental concern. The Town does not feel that such area

is a complex natural area. Furthermore, residential use is the

highest and best use of much of thisland. 'The Town supports C.R.C.

regulation of the marshlands and the,purchase of land having

environ.mental significance by the Nature Conservancy.. The Town notes

the need for public access to Tands held for public purposes.

Pol icy Sel ected

See Policies on Constraints To. Development.

.28

ENERGY FACILITIES; UTILITY TRANSMISSVON LINES.

Policies Considered

(1) Designating areas suitable for pipelines, substations or

possibly even powerplant; (2) Requesting State to require powerlines

and other transmission lines, espec ially telephone and cable, to be

placed underground; (3) Retaining current situation.

Discussion
The development'of off-shore oil along the Outer Banks appears

inevitable. The delivery of that oil to on-shore facilities requires

land transport and port facil.ities. Ample areas of undeveloped land

not presently being used for high intensity recreational uses are

available for transmission or pipelines for oil and natural gas.

The.Outer Banks would be more attractive from an aesthetic viewpoint

if telephone and other overhead transmission lines were placed under-

ground. Such a placement 'should also improve service; the salt air

probably causes more problems for the utilities (popping, crackling,

breaking).

Policy Selected

The Town is opposed to energy facilities, including pipel.ines,.

docking facilities, plants, and substations locating within the Town.

The Town is not opposed to the reasonable location of facilities

necessary for the transmission of electricity for serving residents

of the Outer Banks, however, the Town prefers that transmission lines..

be placed underground.

Implementation

These policies should be implemented in co*nsistency review.

HISTORIC PRESERVATION; ARCHAEOLOGICAL PRESERVATION

Policies Considered

(1) Study or encourage the study of two sections of beachfront to,

determine the historic significance of beachhouses located there;

(2) Allow such initiatives to come totally from the private sector;

(3) Cooperate with State in identifying and providing for the

preservat ion and removal of items of archaeological or historic sig-

nificance; (4) Not adopt a policy.

Discussion

Most of the beachouses of likely significance are privately

owned by the persons who originally built or purchased them. Many of

the houses do not seem to be intensively used. .(Population, pp.

Some of the houses are believed to be in need.of substantial improve"

ments. Significant tax advantages are provided by the United States

to owners of structures which qualify for designation to the National

this district culturally and, financially. Infringement.from motel use

is currently provided through density control in the zoning ordinance.

The Town is not aware of any areas likely to contain items of

archaeological or geological significance. The Town does not consider..

the soundside dunes of geological significance. Archaeological review.

often delays construction, yet serves a valuable purpose from a state

perspective.

Policy Selected

The Town will study the older houses along the oceanfront, with

the consent of the owners, to determine if these houses could be

nominated to the National Register. The Town will support the comple-

tion of studies currently pending with regard to the Lighthouse

Station. The Town will notify the State Department of Natural

Resources and Community Development in the event that it learns of the

discovery of items of archaeological or historical significance.

Implementation

Preliminary study by the Town:to be undertaken within next five

years of beachfront structures of likely historic significance. The

zoning ordinance will be reviewed to determine if additional restric-

tions on"development in areas where these houses are located are

needed. Letters will be sent to the State in the event archaeologi-

cally important items are encountered.

COMMITMENT TO STATE AND FEDERAL PROGRAMS

Policies Considered

(I.) Commitment to receiving State and Federal monies and assis-

tan,ce; (2) No commitment.

Discussion

'State and Federal programs have enabled the Town to study

problems with beach access and capital facility programming. They

have assisted in the provision of water availability for the Town's

residents; they are a necessary ingredient in providing public sewers,

increasing the capacity of the highway system, improving the local

roads, etc.

Policy Selected

Generally speaking, the Town supports Federal and State programs.

When necessary the Townwil.1 assist these agencies in finding spoil

sites, in acquiring right-of-ways, etc.

Implementation

Directives will be forthcoming. to the Town Administrator on a

case by case basis.

TOURISM

Policies Considered

(1) Encourage tourism by providing for growth; (2),Discourage

tourism; (3) Extend season for tourism.

Discussion

Tourists are the backbone of economic well-being of the

community. The policies.of the Town are inseparably united with

encouraging tourism and the recre,ational-uses of the Town's natural

resources, both ocean beaches and the Sound. The increasing emphasis

the public places on recrea.tion.will inevitably extend the length of

tourist season. The Town knows of no way in which it could really

affect the vacation habits of Americans so as to extend.the season

into the winter months.

Policy Selected

The Town encourages,tourism. It encourages a level of growth

and provision of services necessary to accommodate anticipated demand

from all sectors of the population to the year 1990 (See Growth

policies). The Town supports and approves of extending the length of

the tourist season.

Implementation

This policy is implemented through the network of other policies

concerning growth and development..

35
PUIBL@C PARTICIPATION

Policies Considered

."(1) Encourage public participation; (2) No policy.

Discussion

During the planning process in this land use plan,* theToWn'beld

a public forum to determine the issues of importance to the citizens

of the' Town. It canvassed viewpoints and attitudes: of identifiable

interest groups connected with the Town. The Planning Board used a
scientific random sample procedure and an issue-oriented questionnair6

to sample public opinion (both residents and seasonal beach users).

The attitudes were analyzed in a sophisticated manner to reveal
groupings of attitudes. The Planning Board held over twenty meetings'

which were attended by the press, representatives from State and

Federal agencies and private individuals. Summaries of the technical

papers and comments of the Planning Board were regularly reported in

the local newspapers. The consultants participated in radio interviews

and notices were put on television. The Town Board reviewed the plan,

publicly on five occasions including two work sessions with the

Planning.Board. This type of intensive public discussion is probably

not possible except in the development of the land use plan. However,

the Town-desires to encourage the continuance of public participation'

and the constant updating of its land use.plan.

Policy Selected

The Town will encourage the public to participate to the maximum'

extent possible in the governing of the Town.

I mpl ementati on

The Town directs the Planning Board to set aside regularly

scheduled meetings to discuss land use issues. The Plinning Boa:rd and

Town Administrator will continue to advise the public of the nature of

items being considered by the Town at its meetings.. They will cooper-

ate.with the press and prepare releases for bringing the public up-to-

date on government activity.

CHAPTER IV

LAND CLASSIFICATION

Established: The purpose of the developed class is to provide for

intensive development and redevelopment of. existing urbanized areas.

Areas to be c'lassifed as developed include lands currently developed

'for urban uses at or approaching a density of 500 dwellings per

square mile that 'are provided with usual municipal services including

at least public'water, sewer, recreational facilities, police and

fire protection. In the Town of Kill Devil Hills,'the developed class

has been subdivided into an established class to reflect a situation

Where the Town has services listed above, except for public sewer.

The Town is currently involved in studying the feasibility of public
sewer under the Regional 201 Facilities Plan, and supports the

development of public sewer in the Town. The area in the Town classi-

fied as establi,shed is generally along the entire north-south length

of the Town from-the ocean front to the U.S..158 By-Pass. Al.so included

is, a section west,of the By-Pass between Kitty Hawk Drive,and 5th Street

(see classification map).

Transition: The purpose of the transition class is to provide for

future intensive urban development within the ensuing ten years on

lands that are most suitable and that will be scheduled for provision

of necessary public utilities and services. The transition lands

also provide for additional areas when lands in the developed class

are not available or when they are severely limited for development.

In the Town of Kill Devil Hills, all lands not classified as.estab-

lished, rural or conservation are transition. The rural area is

the Wright Memorial, and the conservationareas are the AECs.

'Rural: Rural areas are those that are identified as appropriate for

resource management. Generally areas classified as rural are intended

to be those areas with high potential for agriculture, forestry, or

mineral extraction; or lands that would make development hazardous

and costly; and lands containing irreplaceable, limited, or significant

natural, recreat.ional., or scenic resources not otherwise classified.

In the Town of Kill Devil Hills, the area of the Wright Memorial is

classified as rural due to its historical value, rather.than any poten-

tial for hazard (except for the man-made hazard of the air strip

located on the site) or for its natural resourcepotential. A

classification designation was also needed which could allow for

potential expansion of the.facilitie.s on the site.

Conservation: The purpose of the con.servation.class is to provide for

effective long term management'of 'significant limited or irreplacable
@'8@re@a This management may be needed because.of its natural, cultural,
recre6ti6nal,-productive, or scenic values. These values should not

be identified as transition in the future. In the Town, lands

classified as conservation include all.AEC areas. Such areas would

be the ocean hazard are, estuarine. shoreline, coastal marshes, and

all surface waters.

RELATIONSHIP OF POLICIES AND LAND CLASSIFICATION

P
Established: In this class, resentuses include a combination of
urbanized u,ses (e.g. high, medium and low density residential.
commercial, transportation, and institutional). It is the policy:

of the Town to maintain existing growth and provide development.

opportunity to allow for increased tourist economy. The zoning in

the established class allows commercial and high density uses in most

areas (see zoning-classification maps). It is, also the Town's

policy to continue to maintain services at the present level,and to

work toward implementing a sewer system., The Town is seeking to

attempt to 1 imi t motel development to, west of the beach road. In the

next fiscal year, the Town will undertake a study of management tools

to implement its policies.

Transition: In the transition class, the policies toward growth

and services are similar to those in the established class. However

densities are somewhat higher in these areas. Almost all of this

classification is preseftly platted for residential development. These

areas a,re expected to accommodate the urbanized population and economic

growth through the planni:ng period..

Rural: This area is owned by the federal government and benefits the

Town as an area of open s'pace and tourist attraction. (The Wright

Memorial).

Conservau`.on: The purpose of t.he conservation class is to provide

for effective long term management of significant limited or

irreplaceable areas. This management may be needed because of

its natural, cultural, recreationali productive or scenic values.- In-

the Town, this class applies to all AEC areas, which include the

ocean hazard areas, estuarine shoreline, coastal wetlands, and all

surface waters. The Town supports CAMA regulations in applying

standards for these areas. The Town allows plowing to create

dune5, but does not support beach nourishment procedures or the

establishment of groins or jeeties. The Town allows bulkheading

on the estuarine shoreline. The Town allows the construction of

walkways and platforms over the frontal dunes as long as public

access is not interfered with.

US Department of Commerce
WOAA Coastal Services Center Library
2234 South Robson Avenue
Charleston, SC 29405-2413

3 6 68 14101 5877