HomeMy WebLinkAboutC.054.93008_0881436
WALSER: ;Ir. Chairman, as a matter of opening remarks, I'm going to (not clear) I'd
like to just briefly make taro comments. Tt,.c. firstane tieing that we come before the
county commissioners today, this hearing, after totally disclaiming any admission that we
are required by anything und.r the ordinrnce to do so. We'd like the record to reflect
that we are here -it of courtesy to the county. There's opposition that this is not
something that needs to be done. (not clear)
The `rirst r9ason I say that it is something that needs not to be done is that fact
that the control, according to the ordinanc^ itself, of the sowoge treatment facility is
in the hands of the State of North Carolina and the health department. There is no
specific ordinance that we're aware of within Iredcil County that requires treatment
facility approval for eny kind of development, unl^ss and until it can be shown that it is
part of the special use permit.
Secondly, we say that a treatment facility can be located totally below ground. It
is not uncommon at all for them to be located below ground. In which case, they do not
have to be shown on :ny plats, any underground facility does not have to be shown on the
plat.
Thirdly, if a sewage treatment facility is of the nature of a well, a water supply
system which is not required to be shown on the plat.
Fourthly, the ordinance adopted by this county which you just heard talked about by
the people from Mallard Head defines a structure. We won't go into that again. It
clearly says that sewage treatment plant is not a structure for the purpose of this
ordinance, period. Now it has b^^ -en a long time since I've been in law school, and maybe
some of these other attorneys here, there's a Latin phrase I'm trying my best to remember,
there's something about "inclusio (not clear)" whic;i says anytime you read a law and it
gives you a list of things, then you can rely on that list of things. And anything that
is not in that list of things, you can't rely on. But I say that this is not a structure
by the sp-cific wording of this ordinanc^-.
And fifthly, w^ say that we don't have any obligation to come before you to amend
this plat because of section 58 of your zoning ordinance, on page 13, if you would like to
pull that out. i read section 58, I won't read the title, but it says specifically "The
provisions of this ordinance (that means the county ordinance) shall not prohibit
transmission and distribution facilities, utility poles, towers and lines, sewage
treatment plants or sanitary landfills.
So it's our position that there is nothing in this ordinance that can by its own
wording, require us to come here. Now (not clear) the opening statement, there could be
an argument mad^_ that., well, you're here because there were some conditions put on you to
get a special use permit, and I'm certainly not going to stand up here and say to you we
didn't talk about septic tanks. I'm not about to insult your intelligence. We did talk
about septic tanks. But that's not all we talked about. But somehow or another the point
has been made that there's been nothing but septic tanks this whole time. Now the special
use permit that this county issued and the Findings of Fact that were issued by this
board. There is no special use permit other than those Findings of Fact. In the
ordinance you have in writing to put in that special use permit certain conditions concer-
ning, among other things, sewage treatment. I submit to you that those conditions are not
in the ordinance as a prerequisite for zoning. I point out to you that Findings of Fact
#2. This is the sinned Findings of Fact by Alice Fortner and Joe Troutman. This is the
permit, the special use permit. It says, "Any above ground sewage treatment facility will
be buffered in accordance with ordinance requirements." Now that's Findings of Fact #20
within the special use permit that we are operating under. That is the special use
permit. That was read out and presented, it was reviewed by the other side. A copy was
given to Mr. Parker; a copy was reviewed by Mr. Bryan. before it was signed it was
totally disseminated. This is no surprise to anybody, so it kinda bothers me that
somebody comes in and says we never talked about anything but septic tanks, because right
in there it shows that we talked about something besides septic tanks.
Now, finally, in my opening statement I would like to ask this county to remember
something that Mr. Davenport said earlier this afternoon, that he thought it was very
important that anytime the situation the ordinance, that you be consistent, that you be
fair to everybody, and you put everything down so people will know where they stand.
This board has previously approved Mallard Head, and I know tonight what went on.
Th.re is no official formal vote, but there is no question in anyone's mind that his whole
case up here tonight was reviewed of a decision of this board to approve Mallard Head.
Approved Mallard Head to do what? To put in a package plant.
I also have in my possession, and I will be glad to show it to you if you haven't
seen it, a contract between this county and the developers of Castaways which guarantees
them the right to ut in a package plant. It is signed by this county, right here. It is
supposedly a vote. I wasn't present for it; I don't know whether they had a permit and
hearing and notification, and all. Thore's a contract, and all of you are aware that
there is a contract.
Now to my knowledge there are three people who have made applications for package ,
plants: Mallard Head, Castaways, and Heronwood. Two of them have been approved. All I
ask is for some consistency. if in your Findings of Fact, ladies and gentlemen, you find
we are doing something wrong, then find a fact on it.
Your are sitting tonight not as a political !,ody. I think if you listen to what Mr.
Davenport told you earlier, this is not a political hearing. A political hearing was the