SAFETY and Quality of Life Issue on The Mountain
SLOW DOWN NEW BUILDING
STOP CLEAR CUTTING
PREVENT DEBRIS FLOWS
Public Hearing
Mountain Conservation District Proposal
Wednesday, December 12 - 7:00 pm
Blue Ridge Elementary Cafeteria
The Jefferson County Planning Department's new Director has proposed a new zoning ordinance designed to protect the Mountain from over development. The ordinance will limit clearing to a percentage of the total lot area based on the slope of the lot. The result will be that lots that are currently un-buildable will remain un-buildable — even if public water & sewer are brought in. This will remove the incentive that developers now have to bring in “public” utilities. There are currently MORE vacant, un-built lots on the mountain than there are houses.
Without these protections we will continue to see more and more houses popping up in unsafe areas, and public water and sewer will certainly follow, at a great monthly expense to all.
Frequently Asked Questions
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Can the proposed ordinance be change before it is enacted?
Yes. The proposal is a “Draft”. It is intended for citizens to recommend any changes that they feel are necessary. The Planning Dept Director was favorable to COBRA's recommendation that a 400 square foot exemption be allowed for all current residents. The County Commission will need to be convinced as well, but this seems likely.
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Can I be forced to modify my existing house to comply with new rules?
No. The ordinance specifically “grandfathers” current uses on page 129:
“B. Legal Nonconformity and Illegality Distinguished. A use, building, structure, sign or lot that was in conformance with all laws in place at that time it was built or created is a "legal nonconformity."
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What if my septic field fails and I need to use a back up field area?
Your current “backup field” area would be considered a “swap” with the failed field, meaning it will have no impact on disturbed area and so will not be restricted by this ordinance.
***Why are some people opposed to the proposal?***
There is a lot of money to be made by fully developing and selling all of the un-built lots on the mountain. The four most vocal opponents of the plan are:
o A property owner who has a current proposal to build town houses on the mountain.
o The owner of hundreds of vacant lots “purchased” at tax auctions.
o The owner of a local water utility company.
o A local real estate broker.
These speculators will lose their expected windfall if these protections for current residents are enacted and the anticipated OVER-development is stopped!
Message from: Citizens of the Blue Ridge Act
Sorry for the late notice of the meeting. There is a final meeting in Charles Town coming soon. Anyone who knows the exact time and place, please feel free to post info in a comment. Thanks.
Watch Jefferson County
Comments
Public Hearing on Mountain Conservation District Proposal
The next Public Hearing is this Saturday, 12/15/07 at 10 AM at Charles Town Library. Please try to be there!
My letter to the County Commission
The commissioners are accepting comments on the Zoning Ordinance rewrite till Jan 1st There is still time - I'd mail it or better yet drop it off at the Commission offices across the street from what was once Avanti's in the turreted bldg. My Letter:
Tony Redman
Director of Planning
Jefferson County
Dear Mr. Redman,
I wish to voice an opinion regarding the proposed zoning ordinance as it relates to the Blue Ridge Mountain.
First, I’d like to add a word or two of explanation. I am not what some people are accusing of others, an elitist with nefarious motives. Am I wealthy? I live on a social security check and don't live in a mansion. I made the life choices that have resulted in my circumstances. I think on the whole, I've done the right thing and I think I'm doing it NOW.
The equation I see from my perspective is:
More houses=More potential deaths
That's simplistic but it’s what I believe. Without the proper exits in an emergency such as a wildfire or landslide, there will be a lot of no-win choices to be made here on our Blue Ridge Mountain. If a wildfire had occurred while I was taking care of my mother, I'd have had only two choices. I could stay with her and die, or flee and leave her to die alone. Thanks to God, I don't have that choice to make now, but many residents on the Mountain may have to. I think it's unconscionable that a person might have to make such a decision.
If there needs to be more time than has already been allocated to study and tweak the proposed ordinance, so be it. But a moratorium on ALL construction on the Mountain should be enacted in the interim. If positive action isn't taken, then those responsible should be held liable for both punitive and compensatory damages. No one should have to have gone through the stress I suffered because my Mother and I wanted her life to end peacefully in her own home.
I realize that some may accuse me of wanting to use the new zoning recommendations to limit growth on the Blue Ridge Mountain. I plead guilty. Better ingress and egress may mitigate the dangers of evacuation and the availability of emergency services, but no changes short of an act of God can change the geology of the Mountain slope. Each lot that is developed, each tree removed, each roadway or drive that is paved and on and on, will contribute to instability and eventual failure of the soil’s stability. The scientific proofs are there. We don’t need (as some seem to want) empirical evidence in Jefferson County’s own backyard.
I urge you to take into consideration the facts available. I’ve seen a letter that each of you should have received from Dr. Scott Eaton of James Madison University. He appears to have enough concern to be eager and willing to offer his services to provide more scientific data to bolster the dire predictions of the U.S. Geological Survey.
I suppose that my passion to see the right thing done is guided by my long association with our Mountain, professionally as a Sanitarian and personally growing up and living here (albeit, not as a true native from birth). Aside from the safety aspects it presents, what a wondrous resource the Blue Ridge Mountain is not to cherish, protect and preserve for both economic and sentimental motives.
Thank you sincerely for listening,
Willis Nowell
389 Shenandoah River Drive
Shannondale &
Harpers Ferry
Experience the History of the Blue Ridge Mountain,
Try www.Shannondale.org