Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, October 27, 1994 TAG: 9410270081
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: JAN VERTEFEUILLE STAFF WRITER
DATELINE: LENGTH: Long
The Board of Supervisors made a 1,000-foot-wide band along the river a "conservation overlay district" with stricter zoning requirements designed to protect the river's water quality.
Vegetative buffers within 100 feet of the shore, building setbacks, and erosion and sediment control are key elements of the district. The ordinance applies only to new development after Jan. 1.
"For the first time, the river is recognized as a resource," said Assistant Planning Director Jon Hartley, "and that's a big step."
Six other jurisdictions from the river's headwaters in Montgomery County to Smith Mountain Lake also are working on ordinances, which a study committee hopes will offer somewhat uniform regulations along the 80 miles of riverbanks. None of the other jurisdictions is close to passing its ordinance, however.
"We are leading the pack, per se," Hartley said.
A committee working for seven years came up with a "menu" of planning and zoning suggestions from which jurisdictions can choose to best meet their area's needs, although no county or city is obliged to take any of the suggestions.
The idea is to reduce "nonpoint source pollution," any pollution that doesn't flow into the river directly from a pipe. Among other sources, this includes runoff from farms, residential fertilizer and urban areas where there is no vegetative buffer to absorb pollutants.
While the Board of Supervisors supported the overlay district, members were reluctant to restrict landowners' use of their property. But County Attorney Paul Mahoney argued, "If we want to strip all the [restrictions] out, why even pass the ordinance?"
A clause prohibiting "resource extraction" was eliminated, and restrictions on underground tanks and vehicle repairs were softened at the request of the Kroger Co., whose distribution center is near the river.
But the biggest change the board made was in paring down the recommended district from the width of the flood plain plus 750 feet on each side of the river to 500 feet on each side of the shoreline. The flood plain can range from a just a few feet wide where the river runs through a deep gorge to 800,000 feet on each side.
Supervisor Harry Nickens, who made the motion to adopt the narrower district, said he picked 500 feet because of an earlier comment by Chairman Lee Eddy suggesting that width. There was no discussion on how the change would affect the ordinance or protection of the river.
"What you have is the river plus 1,000 feet," Nickens said. "That's a lot of protection."
But Eddy, who thought a width 750 feet from the flood plain was "excessive," said he was ready to support either 500 feet from the flood plain or 750 feet from the shoreline. He said the board can always reconsider the width of the district later.
"That wouldn't have been my recommendation," he said. "But I think we can start off that way. This is a brand-new activity ... and we're all feeling our way."
Hartley told the board it would be easier for the county staff to enforce the district if it were measured from the 100-year flood plain because those lines are defined by federal maps, while the shoreline can change over time.
The ban on resource extraction was removed after farmer Buddy Hill told the board that he plans to mine and sell the valuable topsoil from his land should anything happen to him that would prevent his farming.
Since resource extraction is limited in the county and requires a special-use permit from the board anyway, the ban was dropped from the river overlay ordinance.
At Kroger's request, changes were made to allow automobile repair establishments to expand and underground tanks to be replaced. But Kroger no longer is affected. It fell outside the overlay district after the board changed the district's width.
As for the typical homeowner, "The vast majority, particularly those building a single-family home, won't know the difference," Hartley said.
A lawn straight down to the river no longer will be allowed for new houses - a combination of grasses, shrubs and trees to filter sediment is required in the buffer zone. But Hartley said walkways to the river and other uses can be allowed on a "case-by-case basis."
Helen Smythers of the Fifth Planning District Commission has worked with the multijurisdictional group that drafted the Roanoke River Corridor Study.
"I'm really pleased [Roanoke County] took the lead and moved forward so quickly," she said.
She said other jurisdictions working on their overlay districts probably will look at Roanoke County's modified, 1,000-foot district and whether it could apply to their locales.
The river study also suggested creating a joint advisory board for the area that would serve as an advocate for the river and would advise governing bodies on issues affecting the river corridor.
This group would comprise an official and a citizen from each jurisdiction: Montgomery County, Roanoke County, Roanoke, Salem, Vinton, Bedford County and Franklin County.
by CNB