Town of Boone offers new steep-slope proposal

By Frank Ruggiero

ruggiero@wataugademocrat.com

New language for steep slope regulation in the town of Boone has been drafted and another public meeting scheduled.

At the Thursday, Sept. 14, special public hearing, Boone Town Council member Lynne Mason moved to amend the language in two of three zoning cases that dealt with steep-slope development.

The changes omitted the Boone Steep Slope and Multi-Family Development Task Force’s proposed geologic hazard map and called for new definitions on a view-shed protection map.

At the hearing, the council chose to send the revised language, as well as the remaining text amendments to incorporate recommendations from Trigon Engineering, pertaining to grading, erosion control and storm water management, to the Boone Area Planning Commission for further review.

The commission would then decide on an additional date to gather input from the public on the revised language, before the commissioners would choose to recommend approval or denial of the items.

At Monday’s regular meeting of the planning commission, the commissioners agreed to continue the items until further public comment could be gathered. However, they also scheduled a time and date for a public information gathering session, which was set for Monday, Sept. 25, at 7 p.m. in the town council chambers at 1500 Blowing Rock Road.

The most notable changes to the language include the definitions of “steep slope” and “very steep slope,” with the first defined as a slope of 30 percent or greater, and the latter defined as a slope of 50 percent or greater.

The previous proposals defined steep slopes as those 15 percent and greater.

Steep slope protection

Under the new language, requirements for land-disturbing activities on very steep slopes state, “Plans for development of any property must be accompanied by a site-specific geologic analysis of the very steep slope portion of the site to be disturbed by the proposed development plan.”

This must be done by a state licensed geologist to determine whether the site could sustain development without jeopardizing slope stability on the site or surrounding sites.

If the property is determined safe, but in need of remedial measures to ensure stability, a state-registered, geotechnical engineer must develop and present a plan to the town that would preserve stability on the site during and after completion of grading and construction, as well as for surrounding properties, the language reads.

The language also includes a course for appeals, in that the property owner whose plan includes the disturbance of a very steep slope, as determined by the town, may challenge the determination by appeal to the Boone Board of Adjustment.

Regulation on the development of steep slopes (proposed at 30 percent) states that land-disturbing development on a steep slope or a site with observed geological hazard indicators may require an investigation by a licensed geologist or licensed engineer, as appropriate, before development can proceed.

If the town deems additional investigation necessary, property owners may appeal the decision with the board of adjustment.

Should the property require remedial measures to ensure stability, a state-licensed, geotechnical engineer must develop and present a plan to the town that would preserve slope stability on the site and surrounding properties. As with the “very steep slope” language, the owner of any property determined by the town to be a steep slope may challenge the determination with the board of adjustment.

The new language also grants the town the authority to employ or contract with an independent geologist or engineer to evaluate plans for development as necessary, whether it’s on a steep or very steep slope, or if geologic hazards may still be present.

Viewshed protection

The most considerable change to the view-shed language defines the viewshed as land areas more than 100 feet above the nearest major traffic corridor, measured at right angles to the average contour of the corridor’s center line. Developments that can be seen during any season of the year from major traffic corridors, either during construction or afterwards, will be considered in the view-shed.

“In making the determination whether the development as proposed can be seen and is therefore in the viewshed, planned landscape buffering shall not be considered,” the language reads.

At the planning commission meeting, town attorney Sam Furgiuele identified major corridors as U.S. 221, U.S. 321, U.S. 421, N.C. 105, N.C. 105 Ext. and N.C. 105 Bypass.

“In the original proposals, anything that was in the green area, which is the 100-foot line above the valley floor, was in the viewshed with basically no way out,” he said. “We heard comments at public meetings that it didn’t make sense to have it in the viewshed if you can’t see it. This talks about if it can’t be seen.”

A question was raised about properties close to two major corridors, and Furgiuele said it would be determined from which corridor is the closest.

The new language also addresses density requirements in the proposed view-shed protection district. Property up to two acres in size shall be limited to three-quarters of an acre of land disturbance, meaning a three-quarter acre or smaller property in the view-shed is unrestricted in regard to land-disturbing activity, the language reads.

The maximum allowable land disturbance for view-shed property larger than two acres shall be limited to three-quarters of an acre for the first two acres, plus 30 percent of the additional property, the language continues.

“For example, a tract of land of four acres can be developed with three-quarters acre, or 32,670 square feet, of land disturbed based upon the first two acres, and an additional [30] percent, or 26,136 square feet of land disturbed, based on the additional two acres,” the language reads.

Per those requirements, a total of 58,806 square feet can be disturbed in the development of the four acres, meaning the total amount of land disturbance may be consolidated in one area of the property, Furgiuele explained.

As such, the land in one acre could be 100 percent disturbed, while a second acre partly disturbed and the remaining two acres undisturbed.

Grandfathering of existing developed property is addressed in the new language, as well. When the intensity of development does not exceed the limits, it may be increased up to 10 percent greater.

“If you’ve already built-out and you exceed the limits created by this, you still have 10 percent more leeway that you could do, both in terms of the structure and any impervious surface,” Furgiuele said. “For existing structures, it will be determined as if no construction has taken place, so you’ll start at zero.”

The new language also encourages, rather than requires, the minimization of visual impact from major corridors. However, the town may request a redesign of the site development plan to accomplish this goal, the language notes, depending on the circumstances.

For more information on the proposed regulations, visit www.townofboone.net on the Web and click on the “public notices” link.