HEADS UP – North Topsail Beach to Consider Moratorium on Houses with More Than 6 Bedrooms

On Wednesday, May 14 at 10 AM, North Topsail Beach Board of Aldermen will hold a public hearing regarding a proposed moratorium. The purpose of the Public Hearing is to receive citizens’ comments on a proposed moratorium for building any houses with more than six bedrooms.

North Topsail Beach is headed in the footsteps of Oak Island, which recently adopted a similar (and equally illegal) moratorium on houses with 6+ bedrooms. It is our understanding that North Topsail Beach will be using the Oak Island moratorium resolution as a template for its own moratorium.

According to the Oak Island resolution, the town moratorium is “to provide sufficient time for the development of regulations.” Unfortunately a new state law specifically prohibits the adoption of moratoria “for the purpose of developing and adopting new or amended plans or ordinances as to residential uses.”

H332-Clarify Development Moratoria Authority was passed by the General Assembly and signed into law in 2011 http://www.ncleg.net/Sessions/2011/Bills/House/HTML/H332v4.html

H332 enables municipalities to adopt moratoria, except for the purpose of developing and adopting new or amended plans or ordinances as to residential uses.

Due to the conflict between the resolution and SESSION LAW 2011-286, BASE feels that pursuing a moratorium is inappropriate in this situation.

BASE would, however, be happy to utilize other means to work toward resolution on this issue with North Topsail Beach. Several other beach towns (Kure Beach, Ocean Isle) are having more success dealing with these issues by amending parking standards, instead of creating illegal moratoria.

BASE values our working relationships with local governments throughout our areas of coverage and strives to work collaboratively with local elected officials and staff.

If you have investments in North Topsail Beach, now is the time to act. Plan to attend the public hearing on May 14 at 10 AM. In the meantime, consider speaking with North Topsail Beach Aldermen to encourage them NOT to move forward with the illegal moratorium.