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Black Mtn. board debates new rules about stormwater Print E-mail
Tuesday, 24 April 2007
By JIM GENARO

BLACK MOUNTAIN — Stormwater runoff was the subject of much debate at the April 16 meeting of the Black Mountain Board of Aldermen, as the board heard an update on efforts by the town’s planning staff to implement new state-mandated standards for runoff control.

Elizabeth Teague of the Planning Board presented the aldermen with a draft version of the ordinance being developed in order to meet new state guidelines by June — the deadline set by the General Assembly for municipalities to do so.

Vice Mayor C. Michael Sobol voiced concerns about the size of the document — and whether the planning board was doing more than necessary.

“If we were to continually pass this many ordinances, we’d need to build a new Town Hall just to handle the paperwork,” he said. He asked whether the draft document reflected the legal minimum, or if additional elements had been incorporated.

“What you have before you is what the state requires,”  Town Manager Tony Caudle told him. The document, Caudle noted, was based on a model that was drafted by the state.

Pressing the point, Sobol asked, “So is this the minimum we’re required to do, or is it, as you say, a model?”

Teague replied that the state requires that municipalities “control runoff from a post-construction perspective.”

This varies, she noted, from previous regulations, which mandated that controls be implemented during construction of new developments, but not afterward.

The rules will only apply to developments larger than one acre, she added.

Teague noted that, despite the document’s size, several sections had been eliminated by the planning board from the state model.

For instance, she said, passages that would require pet owners to clean up their animals’ waste were eliminated because Black Mountain already offers bags at its parks for this purpose and, furthermore, the suggested rules would be difficult to enforce.

Other passages were deleted from the state’s model, she said, but not much more could be cut if the legal requirements are to be met.

“There’s a good bit of wording in there that may not seem necessary,” Teague told the board. “However, I’d be hesitant to go too much further.”

Sobol asked how the new rules would affect The Settings, a large Black Mountain development currently under construction.

Caudle replied that The Settings is already meeting the guidelines of the planned second phase of the town’s stormwater plan.

“They’re already meeting requirements that we don’t have in place yet,” he said.

“The reality of where we live is that it’s more complicated when there’s a narrow valley surrounded by mountains,” Alderman Mary Leonard White said.

Black Mountain, she added, is “topologically challenged.”

White noted that the ordinance would likely need to be revised over time.

“The minutia is kind of aggravating, but that’s just how it is,” she said.

Sobol then explained that one of his primary objections to the ordinance is that it holds Black Mountain responsible for cleanup of stormwater runoff caused by the North Carolina Department of Transportation, which he called “the biggest polluter in the state.

“If we’re responsible to clean up their mess, then I don’t think it’s responsible to the citizens of our town.”
In other action, the board:

• Passed a resolution supporting a joint initiative with Swannanoa to bring affordable broadband Internet access to the eastern part of Buncombe County.

“It’s a very important issue,” Caudle said, “because the businesses in our area need to be as competitive as the businesses they’re competing with.”

• Endorsed the U.S. Mayors Climate Protection Agreement, a commitment by hundreds of U.S. mayors to combat the effects of global warming.

• Heard a report by Caudle on the efforts of the town’s fire and public works departments to clean up the damage caused by recent wind storms.

The fire department, Caudle noted, answered 37 calls within a 24-hour period, mostly related to fallen trees.
He praised the efforts of the town staff and added, jokingly, that one of the first trees removed was one blocking the road to Mayor Carl Bartlett’s house.

“I will note that there are pictures showing the mayor helping pull the tree out of the road,” Caudle said, prompting laughter in the room.

Earlier, Bartlett had commended the Public Works Department and said, “I’m 67 years old and I’ve never seen winds like we’ve had in this town in the past 48 hours.”
 
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