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Chatham Citizens for Effective Communities - CCEC
 

November 2011
Volume 1, Issue 10

 

In this issue:

Chatham-Cary Joint Land-Use Plan

Revaluation of Real Property

Defining Headwaters: Seeps, Springs, and Ephemeral Streams


Chatham-Cary Joint Land-Use Plan

After years of discussions between Chatham County and the Town of Cary about joint land use, a public hearing to review a draft plan is set for January 17, 2012, at 6:00 p.m., in the Agriculture Building auditorium during the regular Board of Commissioners’ meeting.

If this plan is adopted, it will have extraordinary effects on the eastern portion of the county and Jordan Lake. Additionally, it could cause an increase in county taxes for all Chatham residents. And if portions of the east are eventually annexed by Cary, residents who live in that part of the county would pay taxes to both Chatham County and the Town of Cary.

This plan is a curious piece of work coming from commissioners who ran as strong proponents of individual property rights, and who strongly denounced the now defunct Major Corridor Ordinance as being too restrictive. In fact, they called that ordinance a “land grab” by an “elite few” who wanted to control other peoples’ property. As one who sat on the Major Corridor Ordinance task force, I can say with certainty that the Chatham-Cary land-use plan calls for far more restrictive zoning than did the Major Corridor Ordinance that was vehemently opposed by our current BoC majority.

Though not specifically called for, the recommended development patterns in the plan suggest the possibility of a future Cary ETJ in Chatham County. At the subcommittee meeting in October, one Cary Town Council member made it clear that the Chatham County area that would be served by Cary utilities (within the urban services boundary) must be included in the ETJ. The Chatham representatives on the subcommittee were not warm to the idea of giving the ETJ authority to Cary, but they decided to discuss the possibility after the plan is approved. Commissioner Petty stated that this could be a “deal breaker.” So the question is, why not deal with this huge issue now?

Furthermore, the committee seemed tone deaf to citizen input unless it came from certain landowners with much to gain. There was little regard for the wishes of those who have much to lose. Most public comments on record are strongly opposed to the designated high-density and mixed-use areas. Citizen petitions were ignored or cited by the committee, depending on their bias. The plan does a poor job of protecting the rural quality of life in Chatham, especially because it lacks reasonable transitions from high-density to low-density development.

The subcommittee also steered away from the previously agreed-upon idea of having design principles that address many of the concerns of Chatham citizens. These included requirements like large streetscape buffers so that the rural character of the area is maintained. And because the subcommittee abandoned this idea, the possibility that areas within the proposed urban services boundary could become part of Cary’s ETJ becomes more likely. We feel it was a huge disservice to the citizens of eastern Chatham to cede to Cary’s wishes to use Cary’s design standards.

This plan, in combination with the passage of the Western Wake Waste Water Pipeline earlier this year, opens the gates on our eastern border to what will no doubt be an extension of Cary urban sprawl. Additionally, it greatly increases the possibility of voluntary annexation requests from property owners within the mixed-use areas who may (reluctantly or not) decide to sell their land. Future annexations will not require Chatham approval, and will be out of Chatham’s jurisdiction. But Chatham will still be required to provide schools for residential communities at a cost to all county residents.

In addition to the challenge of managing the future growth of a rural area that is juxtaposed to unchecked urban sprawl, protecting the water quality of Jordan Lake is critical. Residents whose property is adjacent to the east side of the lake have submitted testimony that the dense development of communities along the Wake County line is contributing to greatly increased sediment flow into the lake from headwaters and ephemeral streams. We can only expect more pollution of the lake if high-density mixed-use development is allowed as suggested in this plan, especially if the BoC succeeds in weakening the Watershed Ordinance by eliminating required buffers around ephemeral streams (see article below).

The importance of the lake as a regional drinking water resource and the soon-to-be-implemented Jordan Lake Rules have necessarily influenced this plan. The problem for the Chatham-Cary land-use committee is how to allow high-density residential and commercial development while simultaneously protecting the watershed. Their proposed solution comes at the expense of property owners closest to the lake. Their plan calls for a precipitous down-zoning of those areas, which would serve as buffers to the lake. Currently these are residential areas, which are zoned at an average of 1 residence per acre. The plan calls for the zoning of these lands to be changed to an average of 1 residence per 5 acres, which is quite radical for a BoC that touts property rights. Properties within the urban-services boundary, including mixed-use areas, will enjoy an up-zoning of up to 4 dwellings per acre and will be eligible for Cary water and sewer services. With this plan, there will be clear winners and losers when it comes to property values, and there is no evidence that it will adequately protect the water quality of the lake.

Approval of this plan will cede Chatham County’s sole jurisdiction of the area since future amendments will require approval by both Chatham County and the Town of Cary, which naturally will not consider the best interests of Chatham citizens. This plan will determine the future of Chatham east of Jordan Lake, so the importance of getting the details right cannot be overstated.

Caroline Siverson

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Revaluation of Real Property

The proceedings of the November 21st Board of Commissioners’ work session showed clearly that governing is more difficult than campaigning. The BoC once again considered whether to stay on schedule with the 2013 revaluation of property for tax purposes. We say again because this board voted unanimously on September 6th to proceed with a 2013 reevaluation. It appears, however, that some commissioners are only now realizing the potential ramifications of their vote.

As acknowledged by Commissioner Bock during the September 6 work session, a reassessment of property values would require an increase of the property tax rate to keep the annual county revenue neutral because the value of many properties has fallen in recent years. Bock stated that he would not be receptive to raising the tax rate. Commissioner Stewart expressed concern for citizens whose property values have not fallen, and for whom a rate increase would mean a higher tax bill. Nonetheless, she stated that she thinks a revaluation is needed for the sake of fairness. And so on September 6th, the vote to proceed with the 2013 reevaluation was unanimously passed.

Revaluations must occur at least every 8 years by law, although many counties find it optimal to schedule them at 4-year intervals. Chatham last revaluated in 2009, when commissioners actually lowered the tax rate. At that time, property values were based on sales from 2005 through 2008 -- with more emphasis on 2007 and 2008. As a result, many in Chatham are now paying taxes on an evaluation that does not reflect current fallen values of many properties. Inevitably, there has been a sharp increase in citizen appeals of their tax bills. But such appeals are often in vain because economic trends are not grounds for adjustment of tax values.

With a revaluation and a corresponding adjustment in tax rate, those properties that have dropped the most in value would likely see a tax decrease. For many, it would stay about the same. And for properties that have not significantly dropped in value, taxes would likely rise.

According to Chatham County tax assessor Tina Stone, “The primary goal of revaluation is equity,” and “equalization creates a better tax climate in the community when each taxpayer is paying only his or her fair share.” Ms. Stone also pointed out that changes in values will not be uniform, and will vary between areas and neighborhoods. There is a projected average loss in property values of 8 to 10%.

So what changed in the hearts and minds of the BoC majority at the November 21st meeting? Have our BoC majority taken the Grover Norquist no-tax pledge? The vote for a 2013 revaluation would force a choice between raising tax rates and making more budget cuts, as the estimated loss of tax revenue without action could be as much as 5 million dollars. As Commissioner Cross quipped, “Even Commissioner Bock couldn’t come up with 5 million dollars in new cuts.”

The truth is that although a revaluation would be the fair and honest thing to do, this BoC majority doesn’t have the stomach to make necessary adjustments to tax rates. Yet even they have come to realize that there is a limit to budget cuts. And so they reversed their September 6th decision, and voted 3 to 2 to kick the can down the road, delaying property revaluation until 2015.

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Defining Headwaters: Seeps, Springs, and Ephemeral Streams

The Chatham County Board of Commissioners recently showed us that they do listen to input, and that they can respond quickly to concerns voiced by the public. This was evident at the November 21st BoC work session when the commissioners took an in-depth look at details in the Watershed Ordinance after two Raleigh consultants (who represent a large development corporation in Chatham County) requested the elimination of required buffers around headwaters classified as “seeps,” “springs,” and “ephemeral streams.”

A review of Environmental Review Board minutes from the spring and summer of 2007 shows that there was much studied consideration of the definition of ephemeral streams and whether to include the terms seeps and springs in the ordinance. The ERB research included consultations with experts, public input, field work, review of scientific literature, and input from state and county environmental staff. At that time, the ERB agreed that current knowledge shows that even small streams play an important role in the overall quality of larger river systems, and should be protected. They also determined that the terms seeps, springs, and ephemeral streams refer to distinct characteristics of headwater types, and that all three formations should be cited and protected.

But the terminology is confusing for our current county administrators. Commissioner Bock insists that he is not trying to lessen stream protections; he simply does not want to require a protective buffer unnecessarily, and he is not convinced that ephemerals qualify as streams. Commissioner Petty seems to be of the opinion that the current impaired status of our rivers and Jordan Lake is a subjective classification, not a factual assessment, and he is concerned about protecting “wet spots in the ground.” Both he and Commissioner Stewart appeared to doubt the widely accepted criteria used by scientists (and county staff) to define wetlands.

County environmental staff Dan LaMontagne and Chris Hopper both maintained that the concerns raised by the developer’s consultants at the October 17th work session had little merit. They stated that the Watershed Ordinance does not protect “just wet spots on the ground” and that significant seeps and springs constitute wetlands and streams that should be protected. However, they concede that the inclusion of the words seeps and springs in the ordinance could be seen as redundant and may cause confusion. Bock agrees that the terms are confusing, and his solution is to eliminate the protection of ephemeral streams entirely. He is indignant that the Chatham Watershed Ordinance prescribes a higher standard of water protection than the Jordan Lake Rules. Petty and Stewart don’t understand the value of protecting headwaters because they insist that pollution problems originate upstream in other counties, and display complete lack of understanding of the important drainage function of ephemeral streams.

The discussion ended with Bock asking staff to consider removing references to seeps and springs from the Watershed Ordinance. He also requested that staff find a clear definition of ephemeral steams. (Currently, the county uses the NC Division of Water Quality scoring methodology to define and classify ephemeral streams.) 

Presently, North Carolina does not score ephemerals, but is under increasing pressure to do so. Nevertheless, it is wholly within Chatham’s rights to protect our headwaters (and groundwaters) at a standard higher than the state’s default protections, which were crafted to serve diverse communities.

Chatham has been proactive and thorough in creating protections for headwaters, with special consideration for the Jordan Lake watershed. Let’s hope that the confusion clears for this BoC, and that they uphold protections of these valuable water resources.

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Chatham Citizens for Effective Communities (CCEC) and CCEC-Institute, Inc. is a not for profit, tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code. Donations are tax-deductible. CCEC, Inc. is a not for profit non tax-exempt organization under Section 501(c)(4) of the Internal Revenue Code.