Jan
20

Buncombe Planning Board To Weaken Steep Slope Regulations?

By

slipperyslopeswncThis was in my inbox this morning from Mountain Voices Alliance:

“Five new members have been appointed to the Buncombe County Planning Board.  This nine-member Board is reviewing the county subdivision ordinance, which includes the steep slope provisions passed in 2006 and 2007.  Some proposed changes may help protect mountains from inappropriate development, but others will reduce existing protections.”
[...]
“Doubling Land Clearing Limits on Very Steep Slopes

The most significant change proposes to double — from 15%, as currently allowed, to 30% — the amount of land clearing that can take place in an area with a natural slope above 35%. The previous Board had not been applying land clearing limits according to the meaning and intent of the existing regulations, and now the new Board is considering a change to make the law less protective.”

Local luminary Stephen Lending told me about this a few weeks ago, and now the time is here. This Thursday at 5:30 the Planning Board will meet at 30 Valley St. to consider changing the steep slope ordinance to allow for more land clearing and more impervious surfaces at slopes greater than 35%. The recent landslide in Haywood County ought to be a lesson to folks building on steep slopes, but County staff appears ready to ignore it and press forward.

I would link to the current steep slope ordinance, but the link at the County website has gone dead.  [Note - County staff forwarded the ordinance and proposed changes - see extended entry for links] Here’s what Lending told me about the proposed changes:

The current steep slope ordinance allows for 30% of any given parcel to be ‘disturbable’ at 25-35% slope.  15% of the parcel can be given over to ‘impervious surface’ at that same slope.  The revision to the ordinance will apply those same allowances to slopes greater than 35%.  Currently at greater than 35% slope there can be no more than 15% ‘disturbable’ and 8% impervious surface.

The meeting will have a broad range of presentations and speakers.  Come out to learn and to advocate for maintaining the strength of these important regulations.

County Staff sent this information:

“Proposed changes to the Hillside Development Regulations:

http://www.buncombecounty.org/common/planning/SubdivisionOrdinance_Revis
ions_Hillside.pdf

Current Hillside Development Regulations (Hillside Development
Regulations start on page 20 of the pdf):

http://www.buncombecounty.org/common/planning/SubdivisionOrdinance.pdf ”

4 Comments

2

Wow, AC-T is still publishing opinions. Thought they were out of that business. Seriously, I agree. We must do everything possible to stop the erosion of our beautiful mountains.

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3

More information about proposed changes and then a sample letter to send to the Planning Boardsters and Commissioners:

Changing “Natural State” Restriction

Another proposed revision would change an ordinance section adopted in 2007. It would eliminate the requirement that land outside of the allowable clearing areas must remain in a “natural state” (its condition prior to development) , replacing it with a vague, undefined requirement. This is especially troublesome, because the Planning Department used the “natural state” ordinance to issue a violation notice to a developer who sprayed herbicide over many acres of his development last summer. (See Mountain Xpress article at this link: http://www.mountain x.com/news/ 2007/070908the_ green_scene/) Why would the Board want to change a law that it has already found necessary to use?

Positive Changes

Two good proposed changes should be supported:

1) The first would reduce the number of houses allowed to be built in steep slope developments.

2) The other relates to determining whether a potential development site has an adequate water supply if it is to rely on private wells. With current drought conditions, and over 50% of County residents dependent on well water, we have had serious concerns regarding water for the past few years. There are a growing number of examples of developers who start to build subdivisions, only to find there is not enough water to support the home sites. The Planning Board is considering including a “strong suggestion” that the developers investigate the availability of water supplies, but making it a requirement will do a better job of protecting our mountains if it turns out that water cannot be found. We would also like to encourage a scientific study be implemented to determine which areas show adequate availability of water. MVA has made this request repeatedly to County Commissioners since 2006.

How you can help!

1) Attend the special Planning Board meeting on Thursday, January 22 at 5:30 at the Buncombe County Permits and Inspections Meeting Room at 30 Valley Street to voice your concerns over the proposed changes.

2) You can contact each Planning Board member and Commissioner. Tell them the land clearing proposals are a bad idea, and that making the law less protective is wrong.

Below is contact information for the Planning Board and Board of Commissioners. Here is a sample e-mail that you can send:

To: The Buncombe County Planning Board
cc: The Board of Commissioners

I am writing to express concerns about proposed changes to the steep slope law that the Planning Board is now reviewing. Some proposals would change current law and make it less protective of steep slopes. We can’t afford less protection from the impacts of development on our mountains. The Commissioners promised citizens that our steep slopes would be protected when the law was passed, and it would be wrong to break this promise.

The changes proposed to the land clearing limits are a bad idea. One proposal would double the amount of clearing allowed on very steep slopes (above 35% average slope). This is exactly where the most protection is needed, and I don’t understand why you are even considering less protection. I am also concerned about the change proposing to eliminate the part of the law that requires undisturbed land to remain in its “natural state”. Keeping our natural habitat is essential to maintain the character of our mountains.

I understand you are proposing to allow less density in steep slope development. I strongly support this change. I also support a requirement that developers investigate proposed subdivisions for water availability. I don’t want our mountains to be scarred by a development that has to be abandoned because water can’t be found.

Thank you for considering my views.

.
Planning Board Contact Information:

Chairman Scott Hughes
scotth@jpspa. com

Tom Alexander
talexander@tayloran dmurphy.com

Brian Bartlett
bb_adcinc@bellsouth .net

Vernon Dover
vernondover@ charter.net

Rod Hudgins
rmhudgins@bellsouth .net

Les Mitchell
lesjanemitchell@ bellsouth. net

Greg Phillips
mayfairllc@aol. com

Joe Sechler
osprey388@bellsouth .net

Michelle Pace Wood
mpwood@bellsouth. net

Commissioner Contact Information:

Chairman David Gantt
commissioner@ davidgantt. com

Carol Weir Peterson
carol.peterson@ buncombecounty. org

Bill Stanley
bill.stanley@ buncombecounty. org

Holly Jones
hollyj@buncombe. main.nc.us

K. Ray Bailey
ray.bailey@buncombe county.org

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4

Bill Stanley claims he will in his word, “I will only vote to strengthen the SSO.” – Bill.

I guess that means he will stand up for a stronger SSO — unless there are black neighborhoods that he can help wipe out.

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