Planning Board Meeting
Regular MeetingWeaverville, NC · February 6, 2024
Agenda
Town of Weaverville
Planning Board
Regular Monthly Meeting
Tuesday, February 6, 2024, 6:00pm
Agenda
Pg#
1. Call to Order ………………………………………………………………… Chairman Pace
2. Adoption of Agenda ………………………………………………………. Chairman Pace
3. Approval of Minutes – 1/2/2024 Regular Meeting …………. 2 Chairman Pace
4. 9 Pleasant Grove Road R-3 Zoning Request …………………… 4 Planning Director Eller
5. 6 Pleasant Grove Road R-3 Zoning Request …………………… 21 Planning Director Eller
6. Environmental Protection Regulations ………………………….. 32 Planning Director Eller
7. Adjournment …………………………………………………………………. Chairman Pace
Town of Weaverville
Planning Board
Tuesday, January 2, 2024
Meeting Minutes
The Planning Board of the Town of Weaverville met for a regularly scheduled monthly meeting
at 6:00pm on Tuesday, January 2, 2023.
Present: Chair Bob Pace, Vice Chair Jane Kelley and Board Members Mark Endries, Donna
Mann Belt, and alternate member Michelle Rippon attended as a voting member.
Absent: Stefanie Pupkiewicz Busch and Ryan Gagliardi
Staff: Planning Director James Eller and Town Clerk Tamara Mercer were present.
1. Call to order Chairman Pace called the meeting to order at 6:00 p.m.
2. Adoption of Agenda
Upon consensus and without objection, Mr. Pace declared the agenda approved and
recognized Ms. Rippon as a voting member.
3. Adoption of Revised meeting schedule
Town Clerk Mercer presented the revised meeting schedule noting Staff recommended the June
6, 2024 as an alternate date to the June 4, 2024 meeting date.
Chairman Pace moved to adopt the revised Planning Board meeting schedule as presented.
Carried unanimously. 5-0.
4. Approval of the Regular Meeting Minutes December 5, 2023
Upon consensus and without objection, Chairman Pace declared the meeting minutes of
December 5, 2023 approved. Carried unanimously. 5-0.
5. Windsor Built Reems Creek Village Major Subdivision review
Planning Director Eller reviewed the major subdivision proposal located at Reems Creek Village
for a 35-lot single-family dwelling subdivision. Planner Eller noted that the staff report includes
the Technical Review Committee (TRC) findings from its review of the preliminary plat, site plan
for stormwater, water and sewer, utilities, sidewalks, and private roadway, and noted that the
preliminary plat was found to be compliant by the TRC.
Engineer William Buie provided further information from the applicant, Windsor Built Homes and
explained that the developer intends to gate the community and the roads are to remain private.
The Fire Marshal reviewed and approved the gate and fire hydrants for compliance. The water
2
commitment application is valid and active. Mr. Buie noted that there is a property easement to
the west of the subject site.
There was a question-and-answer period regarding the cul-de-sac, sidewalks and roadway,
stormwater regulations and the open space, vegetative buffers and the adjacent tree line,
slopes and grading, NC State laws, and Ambler Chase subdivision.
Mr. Buie said the HOA is responsible for maintaining the roadways. A single sidewalk is planned
as it is a low volume roadway therefore less impervious surface for the erosion control design,
and there are open bio-diverse ponds which may remain open but may be fenced.
Mr. Scott Street, President of Windsor Built Homes clarified the adjacent easement and utility
lines. He said they will relocate the sewer line working with MSD. Mr. Street reiterated the
product price points, landscaping, and site plan layout in the development.
In response to Chairman Pace’s question, Planner Eller reviewed the timeline for conservation
subdivision regulations which will only go before Town Council at the January 22nd meeting,
therefore this subdivision is not affected based on the application date. This development does
not have to comply with the proposed new regulations, explained Mr. Eller.
Chairman Pace requested a motion regarding the major subdivision request.
Vice Chair Kelley made a motion to approve the Reems Creek Village major subdivision with a
finding that it is compliant with Sec. 20-2206 Planning and Development Regulations for a major
subdivision. Carried unanimously. 5-0
6. Other Business
Chairman Pace reviewed the calendar schedule for the short-term rental session on January 9th
for neighborhoods who live nearby short-term rentals and on January 17th for property owners
who own or manage short-term rentals both at 6:00 p.m.
There being no further business and without objection Chairman Pace requested adjournment.
Mr. Endries moved to adjourn the meeting at 6:30 p.m. Carried unanimously. 5-0
ATTEST:
________________________________
Tamara Mercer, Town Clerk
3
TOWN OF WEAVERVILLE
PLANNING BOARD AGENDA ITEM
MEETING DATE: Tuesday, February 6, 2024
SUBJECT: Initial Zoning – 9 Pleasant Grove Road – +/-10.67 Acres
PRESENTER: Planning Director
ATTACHMENTS: Property Tax Map Showing Property to be Annexed,
Resolution Concerning the Voluntary Annexation Petition
of 9 Pleasant Grove Road; Staff Report; Resolution
Concerning Growth Areas; Vested Rights Site Plan
DESCRIPTION/SUMMARY OF REQUEST:
Pleasant Grove of WNC, LLC, has signed a voluntary annexation petition seeking to have +/-
10.67 acres located at and near 9 Pleasant Grove Road annexed into the Town of
Weaverville. The purpose of the annexation appears to be to obtain Town services,
including water, to support the development of 40 townhouse units that are planned for
the property. The Town has already approved the water commitment, but it is conditioned
upon annexation.
The petitioners are claiming vested rights to proceed with the County approved
development plans for the 40 townhouse units and 3 single family residences to be
constructed directly off of Pleasant Grove Road, but are requesting an underlying zoning
designation of R-3.
BOARD ACTION REQUESTED:
A motion establishing the Board’s recommendation to Town Council on the proposed
zoning of R-3 based upon a finding of compliance with the comprehensive land use plan
and reasonableness of the zoning request.
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5
RESOLUTION CONCERNING VOLUNTARY ANNEXATION PETITION SUBMITTED BY
PLEASANT GROVE OF WNC, LLC, FOR 9 PLEASANT GROVE ROAD
WEAVERVILLE ANNEXATION NO. 2024-2
WHEREAS, a petition requesting annexation of that property located at 9 Pleasant
Grove Road and bearing Buncombe County Parcel Identification Number 9752-24-0297
and 9752-24-0579 was received from Pleasant Grove of WNC, LLC, by the Town of
Weaverville; and
WHEREAS, N.C. Gen. Stat. §§ 160A-31 and 160A-58.2 provide that the sufficiency of
the petition shall be investigated by the Town Clerk before further annexation proceedings
may take place; and
WHEREAS, the annexation petition includes a request for an R-3 zoning
classification for the property to be annexed, even though vested rights are claimed; and
WHEREAS, the Town Council of the Town of Weaverville deems it advisable to
proceed in response to this request for annexation and initial zoning;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Weaverville that:
1. With the assistance of the Town Attorney, the Town Clerk is hereby directed to
investigate the sufficiency of the above-reference petition and to certify to Town
Council the result of her investigation; and
2. The Town Planner is directed to place the application for initial zoning of R-3 on the
next regular meeting of the Weaverville Planning Board’s so that the Board can
review the requested zoning for consistency with the Town’s Comprehensive Land
Use Plan and forward a recommendation to Town Council prior to or at a public
hearing that may subsequently be held on this matter.
THIS the 22nd day of January, 2024.
_________________________________________________________
PATRICK FITZSIMMONS, Mayor
ATTESTED BY:
_________________________________________________________
TAMARA MERCER, Town Clerk
6
Town of Weaverville, North Carolina
Preliminary Staff Report: Prepared January, 2024
9 Pleasant Grove Road
Annexation, Zoning Map Amendment
Sources: Town of Weaverville Code of Ordinances; Comprehensive Land Use Plan; Town of Weaverville Fact
Sheet; Resolution Concerning Growth Areas; Buncombe County Development Approval
Zoning Analysis
Town Council is set to consider a voluntary annexation of parcels at the intersection of Reems
Creek Road and Pleasant Grove Road. The parcel at 9 Pleasant Grove Road consists of 10.67
acres as shown on the voluntary annexation petition and zoning map amendment application
and an initial zoning of R-3 is desired.
The petitioners are claiming vested rights to continue with a development approval achieved
through Buncombe County for the development of a 40 unit town house project. The town’s R-
3 zoning district would also support the development approved by the county.
Comprehensive Land Use Plan Compliance
When considering compliance with the Town’s Comprehensive Land Use Plan (CLUP), often the
analysis begins with a consultation of the future land use map. This future land use map is
adopted as a part of the CLUP to provide primary guidance for the categories of uses expected
within the geographic areas of the Town and along Town borders. Here it is found that the
properties in question fall in a transition area between the land use categories of mixed use and
residential. These transition areas are addressed within the CLUP as follows.
“Gaps have been intentionally provided between areas on the future land use map as there is a
need for flexibility to allow for the uncertainty of the future. Defined areas do not necessarily
follow property boundaries. The boundaries and gaps should be viewed as flexible rather than
fixed lines and the final decisions on land use types in these transitional areas should be left to
the discretion and good judgement of the appointed and elected officials that are charged with
establishing development policy and regulations in the Town.”
Mixed use as identified on the future land use map is defined as follows:
“Areas as shown on the future land use map are where the town has experienced a variety of
development pressures ranging from high density single family residential development and
multifamily residential development to local retail establishments and restaurants. These areas
include Monticello Road, North Buncombe School Road and Reems Creek Road. There is a belief
Page 1 of 3
7
Town of Weaverville, North Carolina
Preliminary Staff Report: Prepared January, 2024
9 Pleasant Grove Road
Annexation, Zoning Map Amendment
Sources: Town of Weaverville Code of Ordinances; Comprehensive Land Use Plan; Town of Weaverville Fact
Sheet; Resolution Concerning Growth Areas; Buncombe County Development Approval
that these particular developments can coexist in such environments and that they will continue
to increase in these areas due to the transportation and utility infrastructure present.”
Residential use as defined on the future land use map is defined as follows:
“Surrounding the downtown core are primarily residential neighborhoods that contain historic
bungalows and arts and crafts style homes. Scattered within these areas are several historic
churches and new residential construction. Other residential areas include the Reems Creek Golf
Course, Reems Creek Villages, Hamburg Mountain, Woodland Hills and more dense residential
developments such as Creekside Village, Hamburg Crossing and Kyfields. Future residential
areas are defined on the future land use map as areas that support further residential
construction and the character of these areas can be respected by observing the dimensional
standards of the zoning district in which they are located.”
The R-3 zoning district which is being requested will accommodate both high density single
family residential development and multifamily residential development at a density of eight
units per acre.
Given the aforementioned variables, it is the opinion of staff that the initial zoning of R-3 upon
annexation is not inconsistent with the Town’s CLUP.
Resolution Regarding Growth Areas Compliance
The property at 9 Pleasant Grove Road lies within growth area 5 as identified in the amended
and restated resolution regarding growth areas adopted in October, 2023. Within this
resolution certain land uses were identified as desirable within the Reems Creek area and single
family residential development, duplexes and townhouses were specifically enumerated.
Other Considerations
The 2020 Census provided the Town with a household size of 2.7 persons per household. This figure
applied to the 40 units suggests that this project will grow the population of the Town by approximately
108 people should Town Council annex the property and grant the desired R-3 Zoning District.
Page 2 of 3
8
Town of Weaverville, North Carolina
Preliminary Staff Report: Prepared January, 2024
9 Pleasant Grove Road
Annexation, Zoning Map Amendment
Sources: Town of Weaverville Code of Ordinances; Comprehensive Land Use Plan; Town of Weaverville Fact
Sheet; Resolution Concerning Growth Areas; Buncombe County Development Approval
Should Town Council annex the property, said annexation would be a contiguous annexation. The
properties are eligible for annexation into the corporate limits of the town as evidenced by the
certificate of sufficiency.
Page 3 of 3
9
TOWN OF WEAVERVILLE
AMENDED AND RESTATED RESOLUTION REGARDING
DEVELOPMENT WITHIN IDENTIFIED GROWTH AREAS
WHEREAS, on December 13, 2022, Town Council adopted a resolution
concerning identified growth areas, and, in a review of said resolution it was noted
that the compatible uses within the growth areas did not include R-2, and that was an
oversight;
WHEREAS, municipal growth through annexation is essential to sound urban
development and continued economic stability in the Town of Weaverville; and
WHEREAS, managing growth by extending municipal services makes sense
and annexation of properties ensures that new development is built to Town of
Weaverville standards;
WHEREAS, influencing where and what commercial development occurs
within the Weaverville area and providing balanced residential development is
desirable to the Town of Weaverville;
WHEREAS, the Town of Weaverville would like to see growth that is well-
designed and that complements the development that is already within the Town;
WHEREAS, the Town of Weaverville has identified certain properties along its
municipal borders as having a high likelihood of development due to the presence of
public water and sewer and has identified them as growth areas as described below;
WHEREAS, the Town wishes to indicate its willingness to consider the
voluntary annexation of the properties included within these growth areas and to
inform the public of the types of development that the Town believes is consistent
with its Comprehensive Land Use Plan and reasonable when considering the
surrounding area;
WHEREAS, Town Council now wishes to amend and restated such resolution;
NOW, THEREFORE, BE IT RESOLVED, the Weaverville Town Council hereby
declares and resolves as follows:
1. The Town has identified the following growth areas which are now shown on
the Town’s GIS map, a copy of which is attached hereto:
a. Growth Area 1 – Gill Branch Valley Area
b. Growth Area 2 – Monticello Road West Area
c. Growth Area 3 – Ollie Weaver Road Area
d. Growth Area 4 – I-26 Corridor
e. Growth Area 5 – Reems Creek Road Area
2. The Town is likely to favorably consider voluntary annexation petitions
received for the properties shown within these growth areas. It is noted,
however, that some development, especially in Growth Area 3, may best
proceed without annexation as the provision of municipal services may be
difficult in certain locations and some areas may be ineligible for annexation
10
by the Town of Weaverville due to legal requirements regarding satellite
annexation.
3. The following is valued, and as proposed development is considered on these
properties, the Town would like to see an emphasis on:
a. Great streets and gathering places, where the pedestrian is prioritized;
b. Connections between adjoining developments and to gathering places;
c. Walkability through the installation of sidewalks, greenways, and other
multi-modal trails, especially those that will connect to the existing or
planned pedestrian network within Weaverville;
d. Preservation of natural spaces for public use;
e. Establishment of open spaces that provides recreational opportunities
in the form of greenways, playing fields and/or playgrounds;
f. Protection of streams and creeks;
g. Preservation of mature trees and planting of street trees;
h. Landscape buffering and screening to protect views;
i. Reduction of stormwater runoff which threatens our water quality;
j. Energy conservation measures, such as EV charging stations and solar;
k. Inclusion of commercial uses that support compatible development.
4. Consistent with Town Council’s prior discussions and consensus, the following
uses of land are found to be compatible with the Town’s adopted
Comprehensive Land Use Plan and its Future Land Use Map, and may be
desirable within Growth Area 1 [Gill Branch Valley Area]:
a. mixed use development;
b. single family residential development;
c. duplexes;
d. townhouses;
e. multifamily development;
f. commercial development (especially those supporting residential
neighborhoods such as small general retail, restaurants, professional
services).
These uses are most consistent with the following zoning districts: R-1, R-2, R-
3, R-12, C-2, and conditional district zoning.
5. Consistent with Town Council’s prior discussions and consensus, the following
uses of land are found to be compatible with the Town’s adopted
Comprehensive Land Use Plan and Future Land Use Map, and may be desirable
within Growth Area 2 [Monticello Road West Area]:
a. mixed use development;
b. single family residential development;
c. duplexes;
d. townhouses;
2
11
e. commercial development (especially those supporting residential
neighborhoods such as small general retail, restaurants, professional
services).
These uses are consistent with the following zoning districts: R-1, R-2, R-3, C-
2, and conditional district zoning.
6. The following uses of land are found to be compatible with the Town’s adopted
Comprehensive Land Use Plan and its Future Land Use Map, and may be
desirable within Growth Area 3 [Ollie Weaver Road Area]:
a. single family residential development;
b. duplexes;
c. commercial development (especially those supporting residential
neighborhoods).
These uses are consistent with the following zoning districts: R-1, R-2, R-3, C-
2, and conditional district zoning.
7. The following uses of land are found to be compatible with the Town’s adopted
Comprehensive Land Use Plan and its Future Land Use Map, and may be
desirable within Growth Area 4 [I-26 Corridor]:
a. commercial development (especially medical services such as
healthcare facilities and medical offices, small general retail,
restaurants, hotels).
These uses are most consistent with the following zoning districts: C-2, and
conditional district zoning.
8. The following uses of land are found to be compatible with the Town’s adopted
p
Comprehensive Land Use Plan and its Future Land Use Map, and may be
p
desirable within Growth Area 5 [Reems Creek Road Area]:
a. mixed use development;
b. single family residential development;
c. duplexes;
p
d. townhouses;
e. multifamily development;
f. commercial development ( p especially those supporting residential
pp
neighborhoods such as small general retail, restaurants, professional
g
services).
These uses are most consistent with the following zoning districts: R-1, R-2, R-
3, R-12, C-2, and conditional district zoning.
9. The Town is willing to support compatible development within these growth
areas by considering approval of public water requests for such development
if current or anticipated capacity is available and such approval is in the best
interest of the Town and/or its water system.
3
12
10. Town Council’s recommended procedure for approvals is for property owners
to present voluntary annexation petitions either prior to or simultaneously
with a water request and zoning request. Some deviations from this
recommendation are anticipated in situations where a property is ineligible
for municipal annexation or where provision of municipal services will prove
difficult.
11. Nothing herein is binding on the Town of Weaverville and the review and
approval of all annexation petitions, land use applications, and water
extension or commitment requests will be made in Town Council’s discretion
following procedures as required by North Carolina law and local ordinance.
ADOPTED this the 23rd day of October, 2023.
PATRICK FITZSIMMONS, Mayor
TAMARA MERCER, Town Clerk
4
13
14
FUTURE LAND USE MAP WITH
GROWTH AREAS
9 PLEASANT GROVE
BUNCOMBE COUNTY, NORTH CAROLINA
PREPARED FOR:
PLEASANT GROVE OF WNC, LLC
15 1335 CANE CREEK ROAD
FLETCHER, NC 28732
DAVID LUCK
(847) 323-7638
INDEX OF SHEETS
Sheet No. Title
VICINITY MAP
(NOT TO SCALE)
DEVELOPMENT DATA
COVER FOR:
C000
REEM
S CRE
(PUBL
EK RO
IC)(NC AD (S
DOT)(
ASPH R#100
ALT) 3)
16
(PUBLIC)(NCDOT)(ASPHALT)
PLEASANT GROVE ROAD (SR#2105)
EXISTING CONDITIONS &
DEMOLITION PLAN
C101
17
18
REEM
S CRE
(PUBL
EK RO
IC)(NC AD (S
DOT)(
ASPH R#100
ALT) 3)
SUGG TRAIL
DRISCOLL WAY
19
(PUBLIC)(NCDOT)(ASPHALT)
PLEASANT GROVE ROAD (SR#2105)
GRADING, EROSION CONTROL, &
STORM DRAINAGE PLAN
C301
REEM
S CRE
(PUBL
EK RO
IC)(NC AD (S
DOT)(
ASPH R#100
ALT) 3)
TRACT 1
±6.7 AC
SUGG TRAIL
DRISCOLL WAY
20
(PUBLIC)(NCDOT)(ASPHALT)
PLEASANT GROVE ROAD (SR#2105)
TRACT 2
±3.7 AC
(NOT IN PROJECT)
UTILITY PLAN
C601
TOWN OF WEAVERVILLE
PLANNING BOARD AGENDA ITEM
MEETING DATE: Tuesday, February 6, 2024
SUBJECT: Initial Zoning – 6 Pleasant Grove Road – +/-6.09 Acres
PRESENTER: Planning Director
ATTACHMENTS: Property Tax Map Showing Property to be Annexed,
Resolution Concerning the Voluntary Annexation Petition of 6
Pleasant Grove Road; Staff Report; Resolution Concerning
Growth Areas
DESCRIPTION/SUMMARY OF REQUEST:
Athena Fox Brooks has signed a voluntary annexation petition seeking to have +/- 6.09
acres located at 6 Pleasant Grove Road annexed into the Town of Weaverville. The purpose
of the annexation appears to be to obtain Town services, including water, to support the
development of 50 townhouse units on the property.
The petitioners are requesting an initial zoning designation of R-3.
BOARD ACTION REQUESTED:
A motion establishing the Board’s recommendation to Town Council on the proposed
zoning of R-3 based upon a finding of compliance with the comprehensive land use plan
and reasonableness of the zoning request.
21
Town of Weaverville
Municipal Limits
480 Reems Creek Rd
kRoad
s Cree
Reem
9 Pleasant Grove Rd
Maple Trace Subdivision
6 Pleasant
Grove Rd
22
RESOLUTION CONCERNING VOLUNTARY ANNEXATION PETITION SUBMITTED BY
ATHENA FOX BROOKS FOR 6 PLEASANT GROVE ROAD
WEAVERVILLE ANNEXATION NO. 2024-1
WHEREAS, a petition requesting annexation of that property located at 6 Pleasant
Grove Road and bearing Buncombe County Parcel Identification Number 9752-24-7058
was received from Athena Fox Brooks, by the Town of Weaverville; and
WHEREAS, N.C. Gen. Stat. § 160A-58.2 provides that the sufficiency of the petition
shall be investigated by the Town Clerk before further annexation proceedings may take
place; and
WHEREAS, the Town of Weaverville is also in receipt of an application for a zoning
map amendment request for an R-3 zoning classification for the property to be annexed;
and
WHEREAS, the Town Council of the Town of Weaverville deems it advisable to
proceed in response to this request for annexation and initial zoning;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Weaverville that:
1. With the assistance of the Town Attorney, the Town Clerk is hereby directed to
investigate the sufficiency of the above-reference petition and to certify to Town
Council the result of her investigation; and
2. The Town Planner is directed to place the application for initial zoning of R-3 on the
next regular meeting of the Weaverville Planning Board’s so that the Board can
review the requested zoning for consistency with the Town’s Comprehensive Land
Use Plan and forward a recommendation to Town Council prior to or at a public
hearing that may subsequently be held on this matter.
THIS the 22nd day of January, 2024.
_________________________________________________________
PATRICK FITZSIMMONS, Mayor
ATTESTED BY:
_________________________________________________________
TAMARA MERCER, Town Clerk
23
Town of Weaverville, North Carolina
Preliminary Staff Report: Prepared January, 2024
6 Pleasant Grove Road
Annexation, Zoning Map Amendment
Sources: Town of Weaverville Code of Ordinances; Comprehensive Land Use Plan; Town of Weaverville Fact
Sheet; Resolution Concerning Growth Areas
Zoning Analysis
Town Council is set to consider a voluntary annexation of parcels at the intersection of Reems
Creek Road and Pleasant Grove Road. The parcel at 6 Pleasant Grove Road consists of 6.09
acres as shown on the voluntary annexation petition and zoning map amendment application
and an initial zoning of R-3 is desired. With the acreage present and the density permitted
within the desired zoning district the Town may expect approximately 49 dwelling units in a
single family or multifamily configuration under these conditions.
Comprehensive Land Use Plan Compliance
When considering compliance with the Town’s Comprehensive Land Use Plan (CLUP), often the
analysis begins with a consultation of the future land use map. This future land use map is
adopted as a part of the CLUP to provide primary guidance for the categories of uses expected
within the geographic areas of the Town and along Town borders. Here it is found that the
properties in question fall in a transition area between the land use categories of mixed use and
residential. These transition areas are addressed within the CLUP as follows.
“Gaps have been intentionally provided between areas on the future land use map as there is a
need for flexibility to allow for the uncertainty of the future. Defined areas do not necessarily
follow property boundaries. The boundaries and gaps should be viewed as flexible rather than
fixed lines and the final decisions on land use types in these transitional areas should be left to
the discretion and good judgement of the appointed and elected officials that are charged with
establishing development policy and regulations in the Town.”
Mixed use as identified on the future land use map is defined as follows:
“Areas as shown on the future land use map are where the town has experienced a variety of
development pressures ranging from high density single family residential development and
multifamily residential development to local retail establishments and restaurants. These areas
include Monticello Road, North Buncombe School Road and Reems Creek Road. There is a belief
that these particular developments can coexist in such environments and that they will continue
to increase in these areas due to the transportation and utility infrastructure present.”
Page 1 of 3
24
Town of Weaverville, North Carolina
Preliminary Staff Report: Prepared January, 2024
6 Pleasant Grove Road
Annexation, Zoning Map Amendment
Sources: Town of Weaverville Code of Ordinances; Comprehensive Land Use Plan; Town of Weaverville Fact
Sheet; Resolution Concerning Growth Areas
Residential use as defined on the future land use map is defined as follows:
“Surrounding the downtown core are primarily residential neighborhoods that contain historic
bungalows and arts and crafts style homes. Scattered within these areas are several historic
churches and new residential construction. Other residential areas include the Reems Creek Golf
Course, Reems Creek Villages, Hamburg Mountain, Woodland Hills and more dense residential
developments such as Creekside Village, Hamburg Crossing and Kyfields. Future residential
areas are defined on the future land use map as areas that support further residential
construction and the character of these areas can be respected by observing the dimensional
standards of the zoning district in which they are located.”
The R-3 zoning district which is being requested will accommodate both high density single
family residential development and multifamily residential development at a density of eight
units per acre.
Given the aforementioned variables, it is the opinion of staff that the initial zoning of R-3 upon
annexation is not inconsistent with the Town’s CLUP.
Resolution Regarding Growth Areas Compliance
The property at 6 Pleasant Grove Road lies within growth area 5 as identified in the amended
and restated resolution regarding growth areas adopted in October, 2023. Within this
resolution certain land uses were identified as desirable within the Reems Creek area and single
family residential development, duplexes and townhouses were specifically enumerated.
Other Considerations
The 2020 Census provided the Town with a household size of 2.7 persons per household. This figure
applied to the theoretical 49 units suggests that this project will grow the population of the Town by
approximately 132 people should Town Council annex the property and grant the desired R-3 Zoning
District.
Page 2 of 3
25
Town of Weaverville, North Carolina
Preliminary Staff Report: Prepared January, 2024
6 Pleasant Grove Road
Annexation, Zoning Map Amendment
Sources: Town of Weaverville Code of Ordinances; Comprehensive Land Use Plan; Town of Weaverville Fact
Sheet; Resolution Concerning Growth Areas
Should Town Council annex the property, said annexation would be a contiguous annexation. The
properties are eligible for annexation into the corporate limits of the town as evidenced by the
certificate of sufficiency.
Page 3 of 3
26
TOWN OF WEAVERVILLE
AMENDED AND RESTATED RESOLUTION REGARDING
DEVELOPMENT WITHIN IDENTIFIED GROWTH AREAS
WHEREAS, on December 13, 2022, Town Council adopted a resolution
concerning identified growth areas, and, in a review of said resolution it was noted
that the compatible uses within the growth areas did not include R-2, and that was an
oversight;
WHEREAS, municipal growth through annexation is essential to sound urban
development and continued economic stability in the Town of Weaverville; and
WHEREAS, managing growth by extending municipal services makes sense
and annexation of properties ensures that new development is built to Town of
Weaverville standards;
WHEREAS, influencing where and what commercial development occurs
within the Weaverville area and providing balanced residential development is
desirable to the Town of Weaverville;
WHEREAS, the Town of Weaverville would like to see growth that is well-
designed and that complements the development that is already within the Town;
WHEREAS, the Town of Weaverville has identified certain properties along its
municipal borders as having a high likelihood of development due to the presence of
public water and sewer and has identified them as growth areas as described below;
WHEREAS, the Town wishes to indicate its willingness to consider the
voluntary annexation of the properties included within these growth areas and to
inform the public of the types of development that the Town believes is consistent
with its Comprehensive Land Use Plan and reasonable when considering the
surrounding area;
WHEREAS, Town Council now wishes to amend and restated such resolution;
NOW, THEREFORE, BE IT RESOLVED, the Weaverville Town Council hereby
declares and resolves as follows:
1. The Town has identified the following growth areas which are now shown on
the Town’s GIS map, a copy of which is attached hereto:
a. Growth Area 1 – Gill Branch Valley Area
b. Growth Area 2 – Monticello Road West Area
c. Growth Area 3 – Ollie Weaver Road Area
d. Growth Area 4 – I-26 Corridor
e. Growth Area 5 – Reems Creek Road Area
2. The Town is likely to favorably consider voluntary annexation petitions
received for the properties shown within these growth areas. It is noted,
however, that some development, especially in Growth Area 3, may best
proceed without annexation as the provision of municipal services may be
difficult in certain locations and some areas may be ineligible for annexation
27
by the Town of Weaverville due to legal requirements regarding satellite
annexation.
3. The following is valued, and as proposed development is considered on these
properties, the Town would like to see an emphasis on:
a. Great streets and gathering places, where the pedestrian is prioritized;
b. Connections between adjoining developments and to gathering places;
c. Walkability through the installation of sidewalks, greenways, and other
multi-modal trails, especially those that will connect to the existing or
planned pedestrian network within Weaverville;
d. Preservation of natural spaces for public use;
e. Establishment of open spaces that provides recreational opportunities
in the form of greenways, playing fields and/or playgrounds;
f. Protection of streams and creeks;
g. Preservation of mature trees and planting of street trees;
h. Landscape buffering and screening to protect views;
i. Reduction of stormwater runoff which threatens our water quality;
j. Energy conservation measures, such as EV charging stations and solar;
k. Inclusion of commercial uses that support compatible development.
4. Consistent with Town Council’s prior discussions and consensus, the following
uses of land are found to be compatible with the Town’s adopted
Comprehensive Land Use Plan and its Future Land Use Map, and may be
desirable within Growth Area 1 [Gill Branch Valley Area]:
a. mixed use development;
b. single family residential development;
c. duplexes;
d. townhouses;
e. multifamily development;
f. commercial development (especially those supporting residential
neighborhoods such as small general retail, restaurants, professional
services).
These uses are most consistent with the following zoning districts: R-1, R-2, R-
3, R-12, C-2, and conditional district zoning.
5. Consistent with Town Council’s prior discussions and consensus, the following
uses of land are found to be compatible with the Town’s adopted
Comprehensive Land Use Plan and Future Land Use Map, and may be desirable
within Growth Area 2 [Monticello Road West Area]:
a. mixed use development;
b. single family residential development;
c. duplexes;
d. townhouses;
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e. commercial development (especially those supporting residential
neighborhoods such as small general retail, restaurants, professional
services).
These uses are consistent with the following zoning districts: R-1, R-2, R-3, C-
2, and conditional district zoning.
6. The following uses of land are found to be compatible with the Town’s adopted
Comprehensive Land Use Plan and its Future Land Use Map, and may be
desirable within Growth Area 3 [Ollie Weaver Road Area]:
a. single family residential development;
b. duplexes;
c. commercial development (especially those supporting residential
neighborhoods).
These uses are consistent with the following zoning districts: R-1, R-2, R-3, C-
2, and conditional district zoning.
7. The following uses of land are found to be compatible with the Town’s adopted
Comprehensive Land Use Plan and its Future Land Use Map, and may be
desirable within Growth Area 4 [I-26 Corridor]:
a. commercial development (especially medical services such as
healthcare facilities and medical offices, small general retail,
restaurants, hotels).
These uses are most consistent with the following zoning districts: C-2, and
conditional district zoning.
8. The following uses of land are found to be compatible with the Town’s adopted
Comprehensive Land Use Plan and its Future Land Use Map, and may be
desirable within Growth Area 5 [Reems Creek Road Area]:
a. mixed use development;
b. single family residential development;
c. duplexes;
d. townhouses;
e. multifamily development;
f. commercial development (especially those supporting residential
neighborhoods such as small general retail, restaurants, professional
services).
These uses are most consistent with the following zoning districts: R-1, R-2, R-
3, R-12, C-2, and conditional district zoning.
9. The Town is willing to support compatible development within these growth
areas by considering approval of public water requests for such development
if current or anticipated capacity is available and such approval is in the best
interest of the Town and/or its water system.
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10. Town Council’s recommended procedure for approvals is for property owners
to present voluntary annexation petitions either prior to or simultaneously
with a water request and zoning request. Some deviations from this
recommendation are anticipated in situations where a property is ineligible
for municipal annexation or where provision of municipal services will prove
difficult.
11. Nothing herein is binding on the Town of Weaverville and the review and
approval of all annexation petitions, land use applications, and water
extension or commitment requests will be made in Town Council’s discretion
following procedures as required by North Carolina law and local ordinance.
ADOPTED this the 23rd day of October, 2023.
PATRICK FITZSIMMONS, Mayor
TAMARA MERCER, Town Clerk
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FUTURE LAND USE MAP WITH
GROWTH AREAS
TOWN OF WEAVERVILLE
PLANNING BOARD AGENDA ITEM
Date of Meeting: Tuesday, February 7, 2024
Subject: Environmental Protection Regulations
Presenter: Planning Director and Town Attorney
Attachments: Proposed Part V of Chapter 20 “Environmental Protection”
Selected Code Provisions
Description:
N.C.G.S. Chapter 160D provides the legal authority for land development regulations. Included
within that chapter is authority for environmental regulations which include erosion and
sedimentation control, floodplain regulations, mountain ridge protection, and stormwater control.
Since the authority for these environmental regulations is within 160D, the Planning Board is
required to review them and provide recommendations prior to public hearing and action by
Town Council.
The current goals of the Comprehensive Land Use Plan (CLUP), last updated in November 2023,
call for the “review of hillside development regulations for legal compliance and policy objectives,”
with a priority of 1 (highest) priority within the CLUP. This is regulation concerning steep slopes
and falls under environmental type regulations. An additional goal of “study mountain ridge
protections” is also within the CLUP and given a 3 (lowest) priority. Even though this goal was
given a low priority, staff believes it is appropriate to couple steep slope and mountain ridge
protection in the same conversation.
At the Town’s request, Buncombe County provides permitting, inspection, and enforcement of
erosion and sedimentation control (referenced in Code Sec. 20-1110), floodplain regulations
(Code Chapter 13 and referenced in Code Sec. 20-1111), and stormwater control (Code Sec. 20-
1112). The Town Attorney has been working on new required regulations for illicit discharge
detection and elimination (IDDE) as part of the Town’s stormwater management plan.
All of these environmental related regulations are proposed for inclusion as a new Part V in Code
Chapter 20, entitled “Environmental Protection.” The provisions in Code Sec. 20-1110, 20-1111,
and 20-1112 are proposed to essentially move from the General Provisions in Part I to the new
Environmental Protection provisions in Part V. Hillside regulations (currently at 20-20-3701
through 20-3711) are proposed to be replaced with new steep slope regulations, and regulations
for IDDE and mountain ridge protection are to be added.
The regulations as proposed are attached and staff will be at tonight’s meeting to assist the
Planning Board with its review.
Action Requested:
Review of proposed regulations and, when appropriate, a motion establishing a
recommendation to Town Council
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PART V.
ENVIRONMENTAL PROTECTION
ARTICLE I. GENERAL PROVISIONS
Sec. 20-5101 Authority
The regulations contained within this Part V are adopted under the authority and
provisions of Part 2 of Article 9 of G.S. Chapter 160D and Article 21 of G.S. Chapter 143, and
in accordance with municipal separate storm sewer system (MS4) permit requirements.
Sec. 20-5102. Applicability and Jurisdiction
The regulations contained within this Part V apply to all property located within the
municipal limits of the Town of Weaverville.
Sec. 20-5103 Purpose and Intent
A primary and fundamental element of this Part V is the protection of the Town’s existing
environmental resources including �loodplains and other stream corridors, wetlands,
watersheds and groundwater recharge areas, soils, forest stands, specimen trees and other
signi�icant vegetation and wildlife. These elements are of economic value and make the
Town a desirable place to live and visit.
Sec. 20-5104 De�initions
The following words, terms and phrases, when used in this Part V, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
Slope. An inclined ground or earth material surface, the inclination of which is expressed as
a ratio of horizontal distance to vertical distance. For the purposes of this article, slope will
be calculated based on the Buncombe County GIS Slope Calculation Tool, or as certi�ied by a
licensed surveyor, engineer, or landscape architect.
Steep slope. Any lot, parcel, or tract of land which (a) has an average slope of 25% or more,
or (b) is designated with a slide hazard ranking of ‘moderate’ or ‘high’ on a Stability Index
Map prepared by the NCGS, and are determined irrespective of tract boundaries. Steep
slope areas refer to natural grades and shall not include man-made grades.
Stormwater conveyance. Natural elements of a stormwater conveyance include swales and
small drainage courses, streams, rivers, lakes, and wetlands. Manmade elements of a
stormwater conveyance include gutters, inlets, ditches, pipes, culverts, channels, and most
retention/detention facilities.
Stormwater conveyance system (or storm drainage facilities). A series of drainage facilities,
both natural and manmade, which collect, contain, and provide for the flow of surface and
storm water from the highest points on the land down to a receiving water and includes the
Town’s municipal separate storm sewer system (MS4).
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ARTICLE II. LAND SUITABILITY
Sec. 20-5201 Land Suitability
Land subject to �lood hazard, improper drainage, erosion, or that is for topographical or other
reasons unsuitable for residential use as determined by the Town of Weaverville, shall not be
platted or developed for residential use, nor for any other uses that will continue or increase
the danger to health, safety, or property, unless the hazards can be and are corrected.
Sec. 20-5202 Flood Hazard Area Development
(a) Construction and re-grading of areas lying with a �loodplain can obstruct or divert
water to other areas, limiting the �loodplain’s ability to (i) store and slow
�loodwater; (ii) �ilter sediments, nutrients and impurities; and (iii) provide �ish and
wildlife habitat. Proper management of development within the �loodplain can help
to protect lives and property, and prevent increased �looding.
(b) The Town has adopted �loodplain regulations consistent with the Buncombe County
�loodplain regulations that were authorized by Part 6 of Article 21 of G.S. Chapter
143, with said regulations being contained in Code Chapter 13.
(c) The Town has authorized Buncombe County to be the Floodplain Administrator
within the Town and, as such, Buncombe County has the authority for all permitting,
inspections, and enforcement for all land disturbing and construction activities
within the areas of the Town lying within the 100-year �loodplain.
(d) The land designated within the Areas of Special Flood Hazard that are subject to
periodic inundation by 100-year �lood as shown on FEMA �lood insurance rate
maps for the Weaverville area shall be identi�ied on all plats.
(e) Land designated as Special Flood Hazard Areas shall be developed only in
accordance with Town Code Chapter 13, and any other applicable federal, state, or
local regulation.
(f) No grading, clearing, removal of signi�icant vegetation, the placement of structures,
�ill, or any other encroachment activity shall occur within designated Special Flood
Hazard Areas zones which would interfere with the natural water course without
approval from the Floodplain Administrator based upon certi�ication that such
activity mitigates the potential adverse impact of �lood hazard. Streets and utility
lines and structures may be placed within the �lood hazard area only if their elevation
is raised above maximum �lood heights or if they are otherwise �lood protected.
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ARTICLE III. SEDIMENTATION AND EROSION CONTROL
Sec. 20-5301 Purpose
The regulation of certain land disturbing activities is necessary in order to prevent the
pollution and damage of water sources, lakes, streams and rivers, and other public and
private property from erosion and sedimentation.
Sec. 20-5302 Sedimentation and Erosion Control Regulations
(a) In order to prevent soil erosion and sedimentation pollution of streams, springs, �lat
waterbodies, drainage networks, or off site sedimentation damage, and when there are
plans for land disturbing activity of one (1) acre or more, the Owner shall show proof
of an erosion and sedimentation control plan which has been approved by the
delegated permitting authority having jurisdiction in accordance with the North
Carolina Administrative Code, Title 15A Chapter 4, as adopted by the North Carolina
Sedimentation commission, January 11, 1978, as amended.
(b) The Town, through an intergovernmental agreement entered into by the Town of
Weaverville and Buncombe County, has authorized Buncombe County to be the
permitting authority for all land disturbing activities within the Town. Persons
disturbing one (1) acre or more shall comply with Buncombe County Erosion Control
Program regulations (Buncombe County Code, Article V, of Chapter 26), as from time-
to-time may be amended, including permitting procedures, inspection, and
enforcement protocols.
(c) The developer shall cause all grading, excavations, open cuts, side slopes, and other
land surface disturbances to be mulched, seeded, sodded, or otherwise protected.
Temporary erosion and sedimentation control measures shall be placed in accordance
with the approved Erosion Control Plan prior to any construction.
(d) Erosion and sedimentation from land disturbance activities shall be controlled with
appropriate methods as indicated in the NCDEQ NC Erosion and Sediment Control
Planning and Design Manual or any other method approved by Buncombe County to
prevent sediment runoff and siltation of adjoining parcels, lots, and streets.
(e) In accordance with 15A NCAC 02H .0153, the Town of Weaverville relies upon the
North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 as a qualifying
alternative program to meet a portion of the NPDES MS4 Permit requirements for
construction site runoff control measures. The SPCA requirements include reducing
pollutants in stormwater runoff from construction activities that result in land
disturbance of greater than or equal to one (1) acre and includes any construction
activity that is part of a larger common plan of development that would disturb one
acre or more. The State SPCA Program has designated Buncombe County as a
delegated county. In addition to the Buncombe County Erosion Control Program, the
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Town of Weaverville implements the following measures to meet NPDES MS4 Permit
Requirements:
i. A stormwater hotline is available for reporting sediment run-off from
construction sites and for questions concerning construction site activities.
ii. Construction site operators are required to control and manage waste at the
construction site. Construction site waste items include, but are not limited to
sediment, solid and sanitary wastes, oil and grease, concrete truck washout,
construction chemicals, construction debris, and pesticides, and shall be handled
appropriately so as not to impact water quality. (See Town of Weaverville Code of
Ordinances Sec. 22-48 and NCG01)
(f) The NPDES (NCG01) Construction Stormwater Permit process shall be followed, and
the permit acquired prior to start of construction for all construction sites requiring an
Erosion and Sediment Control Approval from the State or Buncombe County.
ARTICLE IV. STORMWATER CONTROL
Sec. 20-5401 Purpose
Proper management of stormwater runoff protects property, lessens stream channel
erosion, prevents increased �looding, and provides additional protection for �loodplains,
wetlands, and other water resources and aquatic ecosystems.
Sec. 20-5402 Stormwater Regulations
The Town, through an intergovernmental agreement entered into by the Town of
Weaverville and Buncombe County, has consented to the application of the Buncombe
County construction and post-construction stormwater control regulations within the
Town’s jurisdiction and has authorized Buncombe County to perform all permitting
procedures, inspections, and enforcement of those regulations.
ARTICLE V. ILLICIT DISCHARGE DETECTION AND ELIMINATION
Sec. 20-5501. Purpose
It has been determined that proper management of stormwater runoff will minimize
damage to public and private property and infrastructure; safeguard the public health,
safety, and general welfare; and protect water and aquatic resources. The purpose of the
regulations set forth in this article is to protect, maintain, and enhance the public health,
safety, environment, and general welfare by establishing minimum requirements and
procedures to control the adverse effects of illicit discharges into the municipal stormwater
conveyance system.
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Sec. 20-5502. Illicit Discharges and Connections
(a) Prohibited Discharges
No person shall cause or allow the discharge, emission, disposal, pouring, or pumping
directly or indirectly to any stormwater conveyance, the waters of the state, or upon the
land in such a manner and/or amount as is likely to reach a stormwater conveyance or
the waters of the state, unless permitted by an NPDES permit. Prohibited substances
and discharges include but are not limited to:
(1) Wastewater lines (such as from washing machines)
(2) Sanitary sewer lines
(3) Food waste
(4) Oil
(5) Grease
(6) Household, industrial, and chemical waste
(7) Anti-freeze
(8) Animal waste
(9) Paint
(10) Paint wash water
(11) Garbage
(12) Litter
(13) Swimming pool discharges
(14) Leaves
(15) Grass clippings
(16) Dead plants
(b) Allowable Discharges
Non-stormwater discharges associated with the following activities are allowed
provided that they do not significantly impact water quality:
(1) Drinking water line flushing
(2) Discharge from emergency firefighting activities
(3) Irrigation water
(4) Diverted stream flows
(5) Uncontaminated groundwater
(6) Uncontaminated pumped groundwater
(7) Discharges from potable water sources
(8) Residential foundation/footing drains
(9) Air conditioning condensation
(10) Uncontaminated springs
(11) Water from crawl space pumps
(12) Individual non-commercial car washing operations
(13) Flows from riparian habitats and wetlands
(14) Street wash water
(15) Other non-stormwater discharges for which a valid NPDES discharge permit
has been authorized and issued by the US Environmental Protection Agency
or by the State of North Carolina, and provided that any such discharges to
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the municipal separate storm sewer system shall be authorized by the Town
of Weaverville
(c) Illicit Connections
Connections to a stormwater conveyance or stormwater conveyance system that allow
the discharge of non-stormwater, other than the exclusions described in subsection (b)
above, are unlawful.
Prohibited connections include, but are not limited to: industrial/commercial floor
drains, waste water or sanitary sewers, wash water from commercial vehicle washing
or steam cleaning, and waste water from septic systems.
Where such illicit connections exist in violation of this section and said connections
were made prior to the adoption of this provision or any other ordinance or regulation
prohibiting such connections, the property owner or the person using said connection
shall remove the connection within one (1) year following the effective date of this
article; however, the one-year grace period shall not apply to connections which may
result in the discharge of hazardous materials or other discharges which pose an
immediate threat to health and safety, or are likely to result in immediate injury and
harm to real or personal property, natural resources, wildlife, or habitat.
Where it is determined that said connection either (a) may result in the discharge of
hazardous materials or may pose an immediate threat to health or safety, or is likely to
result in immediate injury and harm to real or personal property, natural resources,
wildlife, or habitat, or (b) was made in violation of any applicate regulation or code,
other than this section, then the Stormwater Administrator shall designate the time
period within which the illicit connection shall be removed. In setting the time limit for
compliance, the Stormwater Administrator shall take into consideration the following:
(1) The quantity and complexity of the work;
(2) The consequences of delay;
(3) The potential harm to the environment, to the public health, and to public
and private properties; and
(4) The cost of remedying the damage.
(d) Spills and Accidental Discharges
In the case of accidental discharges, the responsible party shall immediately begin to
collect and remove the discharge and restore all affected areas to their original
condition. The responsible party shall immediately notify the Town of Weaverville of
the accidental discharge, including the location of the discharge, type of pollutant,
volume or quantity discharged, time of discharge, and the corrective actions taken.
Notification shall not relieve any person of any expenses related to the restoration, loss,
damage, or any other liability which may be incurred as a result of said spill or leak, nor
shall such notification relieve any person from other liability which may be imposed by
federal, state, or other law.
(e) Notice of Violation
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When the Town Manager, Stormwater Administrator, or other authorized
representative finds that a discharge or connection violates any provisions of this
article, the Town Manager, Stormwater Administrator, or authorized representative,
may issue a Notice of Violation. The Notice of Violation shall identify the nature of the
violation, amount of penalty (if applicable), set forth the measures necessary to comply
with this article and provide a specific time period for compliance.
The Notice may be served by registered or certified mail, hand delivery, or any other
means determined to give actual notice. Refusal to accept the notice shall not relieve the
violator’s obligation to comply with this article or to pay any applicable penalty.
(f) Enforcement and Penalties
Any person that violates the provisions of this article is subject to a civil penalty.
(1) No penalty shall be assessed until the person alleged to be in violation has been
notified of the violation.
(2) The maximum civil penalty for each violation of this article is $5,000. Each day of
violation shall constitute a separate violation and can be assessed from the date the
violation first occurs.
(3) The Town Manager, Stormwater Administrator, or other authorized representative
shall determine the amount of the civil penalty assessment. In determining the
amount of a civil penalty, all relevant mitigating and aggravating factors shall be
considered including, but not limited to, the following:
i. Degree and extent of harm caused by the violation;
ii. Cost of rectifying the damage;
iii. Whether the violator saved money through noncompliance;
iv. Whether the violator voluntarily took reasonable measures to
restore any areas damaged by the violation;
v. Whether the violation was committed willfully;
vi. Whether the violator reported the violation;
vii. Prior record of the violator in complying or failing to comply with
this Code or any other local, state, or federal water pollution control
rule or regulation;
(4) In addition to the civil penalty, penalties for costs to restore damaged property may
be assessed based on restoration costs, which include but are not limited to, cleanup
costs, devaluation of property, and value of animal and plant life damaged or
destroyed.
(5) If an alleged violator does not pay a civil penalty assessed within 30 days after it is
due, or does not appeal a civil penalty assessment as provided in subsection (g)
below entitled “Appeals Process”, the Stormwater Administrator shall request the
North Carolina Department of Environmental Quality, Division of Water Quality, to
administer the penalty.
(6) Violation of these regulations shall not constitute a misdemeanor or infraction
punishable under the criminal laws of North Carolina.
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(g) Appeals Process
Any person who desires to appeal a demand for payment of the civil penalty shall have
30 days from said demand of payment to submit an appeal in writing to the Town
Manager or Stormwater Administrator. The Town of Weaverville shall then grant an
appeal hearing before the Weaverville Town Council within 30 days after receipt of the
appeal. The Town of Weaverville shall provide the appellant with a minimum of 10 days
advanced written notice of the time and place of the appeal hearing. Thereafter, the
appellant shall have 30 days to comply with the final decision of the appeal hearing.
ARTICLE VI. STEEP SLOPE REGULATION AND MOUNTAIN RIDGE
PROTECTION
Sec. 20-5601 Purpose and Objectives
This article regulates development on mountains and hillsides to ensure growth occurs in a
manner that will preserve the Town’s visual character, protect the public health, safety and
welfare, and promote environmentally sound design and planning. The regulations
established in this article recognize development in hilly or mountainous areas involves
special considerations due to the slope of the land. The following objectives serve as
general guidelines to ful�ill the purpose of this section.
(a) To reduce the likelihood of slope failures by promoting safe and stable slopes
on developed or disturbed land;
(b) To prevent inappropriate development and to protect life and property from
potentially hazardous conditions;
(c) To protect the quality of wetlands and watercourses from increased
sedimentation;
(d) To minimize grading, cut and �ill operations, and impervious surfaces;
(e) To protect plant and animal habitat from disturbance, development, and the
removal of vegetation;
(f) To preserve the aesthetics and qualities of the natural terrain and to respect
the existing topography and natural conditions; and
(g) To require disclosure of landslide hazards to purchasers of properties located
in area vulnerable to landslides as indicated on maps prepared by the North
Carolina Geological Survey (NCGS)
Sec. 20-5602 Applicability
The provisions of this article apply in the following circumstances:
(1) Any portion of a lot, parcel, or tract of land which has been approved for
development or subdivision after the date of adoption of this section shall
be required to comply with the provisions of this section.
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(2) Additions to existing structures greater than 600 square feet of disturbed
area.
(3) Site disturbances encompassing more than 600 square feet of disturbed
area.
Sec. 20-5603 Exemptions
The following land uses or activities are exempt from the requirement of this article
provided they comply with any limitations or conditions speci�ied herein and all other
provisions of this Chapter 20:
(a) Lots containing an average natural slope of less than 25%
(b) Agricultural and forestry uses or activities consistent with all state and. federal
laws and the latest Best Management Practices for those activities;
(c) Landscape maintenance activities, including the removal of diseased, dead or
damaged trees.
(d) Previously approved developments are exempt for a period of two years
subsequent to the effective date of this article.
(e) Any legally non-conforming lots of record, referring to the owner or any
successor in interest of a vacant lot of record existing as of the effective date of
this section, shall be entitled to build one single-family home thereon,
provided, however, that approval shall be in accordance with Code Sec. 20-
1602(b) related to nonconforming lots.
Sec. 20-5604 General Regulations for Development and Other Land Disturbing
Activity on Steep Slopes
(a) Plan Requirements – Steep slope areas shall be clearly indicated on all site plans,
development plans, preliminary plats, �inal plats, special use permits and plans
submitted as a part of a conditional district.
(b) Appeal of Administrative Decisions –When a property owner or developer disagrees
with an administrative decision which determines the presence or location of a
steep slope area, the property owner or developer may present a topographical map
and slope calculation certi�ied by a professional surveyor, engineer, or architect, and
request a new determination. Appeals of �inal administrative decisions or
determinations shall be made to the Board of Adjustment pursuant to Code Sec. 20-
1308 and 20-1309.
(c) Requirements for Roads and Driveways
i. All new public and private roads and driveways shall be designed and
constructed to minimize the potential for landslides, erosion, and runoff.
ii. Roads and driveways shall be located to preserve the maximum number
of existing trees on the site.
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iii. Roads and driveway shall be designed to create the minimum feasible
amounts of land coverage and the minimum feasible soil disturbance.
Variations in road design and construction speci�ied by the Town in its
regulations shall be permitted, as approved by the Administrator, to
prevent the dedication of unnecessarily large amounts of land to such
roads or driveways.
(d) Development Limitations – Development and land disturbance on steep slope areas
shall be conducted in accordance with the following requirements. Compliance with
these requirements shall be determined by the approving authority.
i. Arti�icial or reconstructed slopes shall not exceed 50% or 2H:1V. All �ill
shall be stabilized in conformance with generally accepted engineering
standards, including a compacted density of at least 95%. Non-load
bearing retaining walls shall be encouraged to reduce the amount of
disturbance to the natural slope.
ii. To accommodate building placement on steep slope areas, front and side
yard setbacks on interior lots of the development may be reduced by up
to 50% at the discretion of Board of Adjustment using the procedures for
a variance. Where appropriate, buildings and structures should be
located as close to the road as possible to preserve the natural terrain and
to minimize disturbance and the length of driveways.
iii. Sedimentation and erosion control shall be provided during and after
construction consistent with the requirements of Article III of this Part V
and Buncombe County’s Erosion and Sedimentation Control Program.
(e) Density and Lot Size – Densities of residential development shall be reduced in steep
slope areas to support the goals and objectives of this article. Development on lands
subject to this article shall meet the density requirements shown below in the table.
Maximum Density by Existing Slope
Minimum Lot Size Maximum Density
Existing Slope
(Acres) (units per acre)
25.00% - 44.99% 0.5 1.00
45.00% - 59.99% 2.0 1.00
60.00% + 4.0 1.00
Sec. 20-5605 Structure Height and Mountain Ridge Protection
The maximum height of any building shall not extend closer than 15 feet to any point on a
mountain ridge on which said building is constructed. For the purposes of this article,
mountain ridge refers to geological formations and not vegetation.
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CODE SECTIONS TO BE REPEALED
IN FAVOR OF NEW PART V OF CHAPTER 20:
• Article VII of Part III of Chapter 20 entitled “Hillside Development Regulations –
replaced with new regulations at Article VI of Part V of Chapter 20
• Code Sec. 20-1110 entitled “Erosion and Sedimentation Control” – moved to new
Article III of Part V of Chapter 20
• Code Sec. 20-1111 entitled “Floodplain Regulations” – moved to new Code Sec. 20-
5202 entitled “Flood Hazard Area Development”
• Code Sec. 20-1112 entitled “Stormwater Control” – moved to new Article IV of Part V
of Chapter 20
• Code Sec. 10-1 entitled “ Storm, Subsurface Drainage Systems”
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