HomeMy WebLinkAbout2024-06 - Western Bank Amendment - Public Comment Draft - FINAL with Summary Sheet
Western Bank
2016 Comprehensive Plan Amendment
Location in Plan
Chapter 4: Visualizing the Future
Chapter 5: Building the Future
Appendix
Purpose
• To implement the recommendations of the Western Bank Study presented to the Board of
Commissioners in October 2023.
• To amend the current Urban Mixed Use place type classification for this area to include
policies specific to this riverfront area.
• To identify implementation strategies that would mitigate the risk in this area.
• To articulate the environmental constraints on the properties that could impact future
development and land use for landowners, developers, and community residents.
Components
• A new Downtown Riverfront place type has been added to the Comprehensive Plan
that is specifically designed for the properties currently classified as Urban Mixed Use
across from downtown Wilmington. The description of the place type outlines where
it is intended to be applied, the types of uses that are encouraged in this area, and
provides an overview of the plan goals intended to be promoted by the place type. (See
the Downtown Riverfront description on p. 1.)
• The Comprehensive Plan’s Future Land Use map has been updated to re-classify all
of the properties that had been classified as Urban Mixed Use across from downtown
Wilmington as Downtown Riverfront. One property north of the Isabel Holmes bridge
was also classified as Urban Mixed Use. Since that is no longer in the immediate
vicinity, that property is proposed to be re-classified as Commerce Zone, in keeping
with other nearby parcels along Hwy 421. (See Future Land Use Map on p. 2.)
• The desired mix of uses, potential zoning designations, development intensity, urban
design guidelines, and transportation mode choices for the Downtown Riverfront
place type. (See the Downtown Riverfront cutsheet on p. 3.)
• New implementation strategies have been outlined for Comprehensive Plan goals,
including:
o Consideration of a riverfront-specific zoning district or districts that would:
Allow for commercial uses less disrupted by frequent flooding and
that would ensure structures were resilient to existing hazards (p. 4)
Support public spaces and establish building design requirements
to complement downtown Wilmington’s historic district and the
Battleship (p. 6)
Limit public infrastructure investment and environmental impacts
and that reduces risk for any potential residents (p. 9)
o Coordination with CFPUA to ensure the cost burden for infrastructure
maintenance is shifted from the public to the private sector where utilities
are not currently in place and flood risk is increasing (p. 5)
o Consideration of long-term public infrastructure maintenance costs when
making decisions regarding new development (p. 5)
o Consideration of investments in greenways, blueways, and trails along the
Western Bank (p. 7)
o Exploration of establishing a brownfields program to reduce the impacts of
past Western Bank industrial uses on water quality (p. 8)
o Initiation of a study to monitor water and salinity levels on the Western Bank
to inform when adjustments to policies and standards should be made (p.
9)
• A new appendix to the plan is included, which is comprised of a summary of the
context and background behind the amendment (p. 10), a map of existing
conditions (p. 11), and an outline of recommended resiliency components (p. 12-
13).
• Recommended resiliency components for development in the Western Bank
include provisions for residential development, infrastructure considerations, and
structure and site design recommendations (p. 12-13).
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Downtown Riverfront
This place type is specific to the properties fronting the western side of the Cape Fear and Northeast Cape Fear
Rivers across from downtown Wilmington, bound by the Cape Fear Memorial Bridge and the Isabel Holmes Bridge.
This area's industrial past, environmental sensitivities, and high visibility make it unique. It is included in the
National Register Historic District that covers downtown Wilmington, though most of the land is currently vacant or
used for industrial purposes. Development in this area would be challenging due to environmental regulations and
infrastructure limitations, and the area is seeing more frequent flooding due to tidal influences, rising water levels,
and higher levels of precipitation both locally and up-river.
This place type features low-impact and intensity land uses that complement downtown Wilmington, activate the space, reduce public risk given current and anticipated flooding, protect natural resources, and allow owners to use their private property.
Uses that are less susceptible to flooding impacts and that provide a public benefit, such as recreational and
civic uses are encouraged. Commercial and temporary uses, such as warehousing water-related businesses, and
outdoor event spaces, that are less likely to put people at risk are also envisioned. Any residential uses should be
limited and associated with a mixed-use project and would need to be designed to be resilient to current and future
flood risks so that residents would not be endangered by the impact of intermittent flooding on emergency access
or the integrity of construction. Any structures should be designed both for resiliency and to be complementary to
downtown Wilmington. Structures should be no taller than the highest point on the U.S.S. North Carolina.
The following goals from Chapter 3: Framing the Policy will be promoted within the Downtown Riverfront place type:
•Support business success.
•Promote fiscally responsible growth.
•Conserve and enhance our unique sense of place to attract individuals, companies, and organizations.
•Promote place-based economic development in the region that is tied to our natural resources.
•Promote environmentally responsible growth.
•Conserve environmentally critical areas.
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NEW HANOVER COUNTY FUTURE LAND USE MAP
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DEVELOPMENT INTENSITY
MODE CHOICES
DEFINITION
DOWNTOWN RIVERFRONTDOWNTOWN RIVERFRONT
Architecture:
Architectural features in line with
new construction in downtown
Wilmington with primary face to
the river
Resiliency Components:
See Western Bank appendix
Setbacks:
Away from river and natural
resources
Pedestrian Amenities:
Greenways & multi-use paths
Public spaces along river
Greenways & multi-use
paths Pedestrian river
crossings
Roads resilient to current &
future fl ood risk Ferry, water taxi, and
private boat access Greenways & multi-use paths
Bicycle river crossings
DESIRED USES
Riverfront-Specifi c
Offi ce & Institutional
Commercial
Recreational
Civic/Institutional
Temporary
Commercial
Mixed Use
Mix of Uses Zoning CategoriesTypes of Uses / Projects
Massing / Scale
Transportation Infrastructure
Urban Design
Use
Number
of Stories Ideal Density
Recreational 1-3 Low
Civic/
Institutional
1-5 Low/Moderate
Commercial 1-5 Low/Moderate
Mixed Use 1-5 Moderate
This placetype features low-impact and intensity
land uses that complement downtown Wilmington,
activate the space, reduce public risk to fl ooding,
protect natural resources, and allow owners to use
their private properties.
Uses less susceptible to fl ooding impacts and that
provide a public benefi t, such as recreational and
civic uses, like museums, are encouraged. Commercial
and temporary uses less likely to put people at risk
are also envisioned. Any residential uses should
be limited, associated with a mixed-use project,
and would need to be designed to be resilient to
current and future fl ood risks. Structures should be
designed for resiliency and be complementary to
downtown Wilmington. They should be no taller than
the highest point on the U.S.S. North Carolina.
EXAMPLE AREAS
Western Bank
RECREATION
CIVIC
COMMERCIAL
MIXED USE
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Goal I: Support business success
Desired Outcome: A vibrant economy for New Hanover County based on business success.
Implementation Strategies Implementation Guidelines
A.Streamline permitting process for targeted
industries.
I.A.1 Encourage target industries in Employment Centers,
Commerce Zones, and Growth Nodes.
B.Advocate for and develop a realistic and
sustainable incentive policy for New
Hanover County.
Guidelines are not part of this strategy.
C.Align county zoning ordinances to
encourage targeted business in
appropriate areas.
I.C.1 Develop performance controls to address odor, noise, lighting,
and other impacts on surrounding uses.
I.C.2 Develop strategies for encouraging office, retail, and other light
intensity nonresidential uses within existing residential areas to
provide community level service.
I.C.3 Consider a riverfront-specific zoning district or districts for the
Western Bank area that will allow for commercial uses that would be
less disrupted by frequent flooding and ensure any structures are
resilient to existing hazards.
D.Increase communications with small
business by creating a resource link on the
county webpage for new business and an
ongoing process to shepherd new
businesses through the development
process.
I.D.1 Explore updating existing zoning regulations to assist in
streamlining the commercial review process.
E.Support provisions for providing public
free, high-speed internet access
throughout New Hanover County.
Guidelines are not part of this strategy.
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Goal III: Promote fiscally responsible growth
Desired Outcome: Growth patterns that achieve efficient provisions of services and
equitable distribution of costs between the public and private sector.
Implementation Strategies Implementation Guidelines
A.Coordinate infrastructure from a
regional perspective including water,
sewer, and transportation.
I.A.1 Encourage target industries in Employment Centers, Commerce
Zones, and Growth Nodes.
II.A.2 Provide connectivity between transportation modes, in growth
nodes outlined on the Future Land Use Map, and within new development
where practical.
III.A.3 Ensure all traffic calming devices and gated areas accommodate
emergency service delivery and interconnectivity.
III.A.4 Encourage street connections to adjoining undeveloped property
and connect existing streets to improve accessibility and safety to
development sites.
III.A.5 Coordinate with CFPUA to ensure that water and sewer
infrastructure is designed and constructed by any development following
best practices for resiliency in a low-lying flood zone, such as the Western
Bank area. This will shift the cost burden from life-cycle maintenance
expenses by a public utility to private development whose initial capital
investment in resilient infrastructure will reduce unnecessary maintenance
and emergency response due to the risk of frequent and extreme flood
events.
III.A.6 Consider long-term public infrastructure maintenance costs as well
as installation costs when making decisions regarding new development.
B.Coordinate regional facilities such as
community colleges and workforce
training as they support targeted
industries (as identified in County
approved Economic Development
strategies).
III.B.1 Encourage the development of educational facilities and
transportation infrastructure in Employment Centers and Commerce Zones
as identified on the Future Land Use Map.
C.Encourage infill development on vacant
or blighted pieces of existing
communities by providing incentives
such as grants, but not limited to;
density bonuses, and/or a reduction of
parking requirements and/or setbacks.
III.C.1 Encourage a mixture of uses that create opportunities for shared
parking and setback requirements to serve the overall community.
D.Encourage the redevelopment of single
uses into mixed-use developments
where appropriate.
III.D.1 Encourage incremental transformation of single uses into
compatible mixed use centers that are compatible with the surrounding
neighborhoods.
E.Encourage redevelopment of aging
corridors to support and strengthen
adjacent neighborhoods.
III.E.1 Encourage revitalization and redevelopment of blighted infill sites
into compatible mixed uses that enhance nearby residential areas through
incentives such as density bonuses, shared parking, and/or innovative
buffering.
F.Encourage development where existing
infrastructure is available.
III.F.1 Encourage increased density in Urban Mixed Use areas within close
proximity of City of Wilmington jurisdiction and Growth Nodes as identified
on the Future Land Use Map (Porters Neck/Kirkland, Monkey Junction, and
I-40/I-140 Interchange) in an effort to create densities that can support
future infrastructure.
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Goal VI: Conserve and enhance our unique sense of place to attract individuals, companies,
and organizations.
Desired Outcome: Enhance our reputation as a desirable community to live and operate a
business based on New Hanover County’s rich history, natural environments, and unique
features.
Implementation Strategies Implementation Guidelines
A.Focus on the public spaces and
opportunities for formal and informal
social gathering places. Increase,
enhance, and manage public access to
water and natural resources.
VI.A.1 Encourage the development of public shorefront access areas
and boat access areas that do not adversely affect estuarine resources
or public trust waters.
VI.A.2 Encourage the development of public spaces in mixed use
developments through public, private partnerships.
VI.A.3 Allow uses of estuarine and public trust waters that provide
benefits to the public and satisfy riparian access needs of private
property owners while encouraging shared boating facilities instead of
individual boating docks.
VI.A.4 Consider including Form Based Code elements in development
regulations to enhance or create community focal points.
VI.A.5 Consider a riverfront-specific zoning district or districts for the
Western Bank area that will support public spaces and establish
building design requirements to complement downtown Wilmington’s
historic district and the Battleship.
B.Consider creating a strong place-based
economic development strategy.
Guidelines are not a part of this strategy.
C.Make a case for sustainable funding
sources to improve the County’s
economic development infrastructure
and identify opportunities to leverage the
funds effectively.
Guidelines are not a part of this strategy.
D. Encourage conservation and enhancement
of the unique environment, character
and history of the county.
VI.D.1 Update New Hanover County inventory of historic places.
VI.D.2 Encourage preservation and conservation of historic sites
identified in the county’s historic sites survey.
VI.D.3 Encourage preserving the character of the area’s residential
neighborhoods and quality of life by supporting development that is
consistent with adopted Small Area Plans and enhances existing land
uses.
VI.D.4 Consider a riverfront-specific zoning district or districts for the
Western Bank area that will support public spaces and establish building
design requirements to complement downtown Wilmington’s historic
district and the Battleship.
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Goal VII: Promote place-based economic development in the region that is tied to
our natural resources.
Desired Outcome: Coordinate economic development efforts with New Hanover County’s
natural bio-diverse region and unique features.
Implementation Strategies Implementation Guidelines
A.Create and promote a network of
greenways, blueways, and trails
highlighting environmental assets.
VII.A.1 Identify the environmental assets and locations where
greenways, blueways, public access, and trails would enhance
economic development while not diminishing the resource.
VII.A.2 Provide for the protection and development of public
shorefront and boat access areas.
VII.A.3 Consider investing in greenways, blueways, and trails along
the Western Bank.
B.Coordinate and partner with various
agencies to develop future public water
access points.
Guidelines are not part of this strategy.
C.Revitalize waterfront parks and public
spaces to encourage opportunities for
formal and informal social gatherings.
Guidelines are not part of this strategy.
D.Preserve, conserve, and/or maintain
coastal infrastructure features including
natural and man-made; which are critical
to our quality of life, economy, and coastal
environment.
VII.D.1 Development or expansion of marinas (as defined herein) in
primary nursery areas, outstanding resource waters, or open shell
fishing waters may occur when the following conditions exist:
•There exists a previously permitted channel which was
constructed or maintained under permits issued by the State or
Federal Government. If a natural channel was in use, or if a
human-made channel was constructed before permitting was
necessary, there shall be clear evidence that the channel was
continuously used for a specific purpose; and
•Excavated material can be removed and place in an approved
disposal area without significantly impacting adjacent nursery
areas and beds of submerged aquatic vegetation; and
•The original depth and width of a human-made channel or
natural channel will not be increased to allow a new or
expanded use of the channel.
VII.D.2 Develop guidelines and standards for community boating
facilities and other water dependent uses through updated ordinances.
(Marina: Any publicly or privately owned dock, basin, or wet storage
facility constructed to accommodate more than 10 boats and providing
any of the following services: permanent or transient docking spaces,
dry storage fueling facilities, haul out facilities, or repair services.
Excluded from this definition are boat ramp facilities that allow access
only, temporary docking that includes none of the previous listed
services, and community boating facilities.)
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Goal IX: Promote environmentally responsible growth.
Desired Outcome: Development that accommodates population growth while minimizing
negative impacts on natural resources.
Implementation Strategies Implementation Guidelines
A.Promote a mixture of uses where
appropriate in an effort to cluster
development and minimize impacts on
natural resources.
IX.A.1 Encourage mixed use development that rewards
development practices which exceed minimum standards.
IX.A.2 Establish open space criteria that encourages preservation of
natural areas, buffers, trees, and wildlife habitats, while working in
harmony with the built environment.
IX.A.3 As part of the development ordinance, include mixed use
district guidelines that achieve the intent of the Community and
Urban Mixed Use place types and are consistent with City of
Wilmington districts.
B.Adopt and implement a green
infrastructure plan that identifies a
network of natural lands and open spaces
and provides ecosystem conservation as
well as alternative transportation modes
through trails and greenways.
IX.B.1 Encourage best management practices that enhance development
and minimize adverse environmental impacts of the built environment.
IX.B.2 Use incentives to create flexible guidelines as well as outreach and
education to encourage the use of native vegetation in landscaping and
discourage invasive species.
IX.B.3 Identify and promote access opportunities to existing open space
and incentivize these spaces for active and passive recreation.
IX.B.4 To enhance recreation, conservation, and transportation
infrastructure, consider prioritizing connections of open space, parks,
and greenways as identified in the Parks Master Plan.
C.Partner with regional governmental
agencies and nongovernmental
organizations to acquire and protect
environmentally sensitive land (e.g.
establish a regional land bank).
I.C.1 Provide opportunities to legally transfer density and impervious
surfaces out of areas where exceptional resources may be impacted.
I.C.2 Encourage the use of best management practices through
education and incentives to protect environmentally sensitive areas.
IX.C.3 Continue promotion of New Hanover County as a “no discharge
zone” and promote the Clean Marina Program
IX.C.4 Prohibit floating home development where pump out facilities or
sewer connections are not available in order to protect public trust and
estuarine areas and to minimize risk of loss to persons and property.
IX.C.5 Explore establishing a brownfields program to reduce the impacts
of past Western Bank industrial uses on water quality due to more
frequent instances of flooding.
D.Strengthen and direct development
toward existing communities through
encouraging infill and redevelopment.
IX.D.1 Encourage incremental inclusion of mixed uses into areas that are
single use dominated where the uses are compatible with the
surrounding neighborhoods.
IX.D.2 Encourage infill development to maximize use of previously
developed sites for highest and best use.
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Goal X: Conserve environmentally critical areas
Desired Outcome: Utilize environmentally critical areas for outdoor recreation, healthy
watersheds, and maintenance of critical habitats.
Implementation Strategies Implementation Guidelines
A.Partner with governmental and
nongovernmental organizations to
acquire and protect environmentally
sensitive areas.
X.A.1 Encourage development patterns that preserve natural areas, buffers,
and significant trees.
X.A.2 Ensure the protection and preservation of undeveloped barrier and
estuarine system islands by purchase or dedication in order to restrict
development, support research, and encourage passive recreation as their
primary uses.
B.Discourage development in wetlands,
floodplain, and other flood prone
areas.
X.B.1 Encourage connection to public water and sewer in environmentally
sensitive areas to minimize potential contamination from failing septic
systems.
X.B.2 Encourage lower density development and/or alternatives to
development (i.e., acquisition through clean water trust funds and grants) in
ocean erodible areas, inlet hazard areas, high hazard flood areas, coastal and
federally regulated wetlands.
X.B.3 Encourage lower density development and/or alternatives to
development (i.e., acquisition through clean water trust funds and grants), and
minimal impervious surface coverage within the 100-year floodplain (1%
annual chance floodplain). The following applies:
•Development projects may be allowed within the floodplain where
adverse impacts to the estuarine system can be shown to be
negligible.
•Low intensity uses on a site, such as open space and passive
recreation, may be appropriate in the floodplain.
•Projects should comply with hierarchical principles of impact
avoidance, minimization, and mitigation for unavoidable impacts.
•Evaluate the need to develop standards for protection of
environmentally significant areas during development and
redevelopment.
X.B.4 Encourage preservation of existing natural wetlands and constructed
wetlands as a stormwater mitigation technique where practical.
X.B.5 Encourage preservation of existing natural buffer areas for conservation
resources to preserve their natural functions.
X.B.6 Incentivize, through the development process, the use of Best
Management Practices such as Low Impact Development where possible to
ensure environmentally critical areas are conserved.
X.B.7 Encourage the use of native vegetation in landscaping.
X.B.8 Consider a riverfront-specific zoning district or districts for the Western
Bank area that will limit public infrastructure investment and environmental
impacts and that reduces risk for any potential residents.
X.B.9 Initiate a study to monitor water and salinity levels on the Western Bank
to inform when adjustments to policies and standards should be made.
C.Educate the public on the value of
protecting ecosystems.
Guidelines are not part of this strategy.
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A CLOSER LOOK AT THE WESTERN BANK
In recent years, parcels along the Western Bank of the Cape Fear River have been the subject of two
major development proposals. These requests were met by sizable community concern related to
the impact of future development on the character of downtown, natural and cultural resources, and
the long-term sustainability of the community. Changing conditions and new research has raised
concerns about the future land use for properties on the Western Bank, leading to a series of public
work sessions and a planning study of the area in order to establish a direction for refining the 2016
Comprehensive Plan’s vision for the area and identifying the steps—through regulations, programs,
and investments—necessary to support it.
Currently, land on the Western Bank is zoned primarily for commercial and industrial uses, though many of the parcels are currently vacant. Exceptions include a construction operation and the Old Wilmington Shipyard on the northern Bank and the U.S.S. North Carolina site on Eagles Island. It is likely that the vacant parcels would qualify as brownfields based on information known about past uses.
While the desire for the Western Bank properties varies by stakeholder, there is general agreement
that the condition of these properties should not remain industrial brownfields. The County’s general
planning approach aims to balance allowing reasonable uses for properties with site-specific practical
constraints on development and the impact of function and form on the community as a whole. In
response, a new place type, Downtown Riverfront, was added to the 2016 Comprehensive Plan and
new implementation strategies were identified as part of the amendment adding this appendix to the
Plan.
The Downtown Riverfront place type, outlined in Chapter 4, features low-impact and intensity land uses that complement downtown Wilmington, activate the space, reduce public risk given current and anticipated flooding, protect natural resources, and allow owners to use their private property. It removed the 2016 designation of this land as Urban Mixed Use, the most intensive development pattern outlined for the unincorporated county, which was intended to reflect the development pattern of downtown Wilmington but that did not reflect the area's sensitivety to flooding and infrastructure constraints.
In addition, this appendix was added to the Comprehensive Plan to clearly articulate critical existing
conditions and resiliency considerations that should be incorporated into any future development or
land use planned for this area.
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Western Bank Exisiting Conditions
New Hanover County, NCExceptional Wetlands
Areas Susceptible to Sunny Day Flooding
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WESTERN BANK - RESILIENCY COMPONENTS
ROADWAYS
The roadways leading to the Western Bank parcels are NC-
DOT roadways, but private developers would be responsible
for upgrades necessary for their projects. To ensure adequate
emergency access to structures, roadways and project drives
should be elevated a minimum of 2 ft. over current base flood
elevation and be designed to facilitate safe vehicle travel and
accessibility. More stringent requirements may be required by
NCDOT or fire services.
PLAN NHC 2016 WESTERN BANK AMENDMENT
While many areas of New Hanover County are vulnerable to flooding, the Western Bank is unique as it is subject to regular
sunny day saltwater flooding, is comprised of land with lower elevations than in many other places adjacent to the Cape
Fear and Northeast Cape Fear Rivers, is impacted by flooding caused by up-stream rain events, and is not protected by
hardened features, such as bulkheads, which may not be allowable by current state regulations. As a result, additional resil-
iency features should be provided for all development in this area, some of which are outlined here. Resiliency provisions
are especially important for mixed-use projects due to increased vulnerability of residents. Residential components would
also trigger the need for emergency action plans and certifications of ongoing integrity of buildings.
INFRASTRUCTURE CONSIDERATIONS
WATER & SEWER UTILITIES
Water and sewer lines, as well as pump stations and other criti-
cal infrastructure, should be elevated in accordance with
regulatory requirements and resiliency best practices. Prior to
approving water and sewer utility designs, CFPUA can
research, develop, and publish updated Technical Guidance
for areas such as the Western Bank where frequent and
extreme flooding occurs. That guidance would include cross
connection and backflow prevention regulatory requirements
and best practices to prevent contamination of the water
supply from river water and sewage overflow during flooding
events.
ELECTRICAL & COMMUNICATION LINES
It is preferred that, when feasible, utility lines should be bur-
ied in waterproof conduits to reduce the risk of damage from
floodwaters and wind. If utilities poles must be used, they
should be made of materials resistant to corrosion and water
damage, such as treated wood, fiberglass, or steel.
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STORMWATER TREATMENT
Due to flooding concerns and space constraints in this area,
stormwater filtration systems have generally been proposed to
meet state water quality requirements. To address the impacts
of stormwater on adjacent properties, an engineering analy-
sis and No-Rise Certification should be required for any new
development.
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FLOOD-RESISTANT MATERIALS & DESIGN
Because of the frequency of saltwater flooding in this area,
any structures and site amenities should be constructed with
materials that are less susceptible to water damage and corro-
sion, such as stainless steel, concrete, and composite decking.
Buildings will be required to be designed with flood openings,
vents, or other features that will allow water to enter and exit
the structure freely during flooding events, reducing the risk of
structural damage.
ELEVATION & FLOODPROOFING OF STRUCTURES
Buildings and other structures should be designed to reduce
the potential impacts of flood events, through elevation or
other types of floodproofing. Elevating foundations is gener-
ally recommended, though as floating structures and other in-
novative designs are piloted in other floodprone locations and
found to be successful, additional options may be identified.
STRUCTURE & SITE-DESIGN CONSIDERATIONS
LANDSCAPING
Landscaped features to help mitigate the effects of saltwater
flooding should be incporated, such as planting salt-tolerant
plants between structures and the riverbank to help absorb
floodwaters and stablize the soil. Some salt-tolerant trees,
shrubs, and ground covers appropriate to New Hanover Coun-
ty include live oaks, southern magnolias, dwarf yaupon hollies,
wax myrtles, liriope, and sea oats. Plants should be monitored
for signs of salt damage, such as leaf burn or stunted growth.
2024-06 Public Comment Draft
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