NK board makes decision on stormwater law

A controversial stormwater ordinance that’s plagued New Kent supervisors over the past several months has forced them to choose a route that would maintain county control of the program.

County representatives elected 3-2 at Wednesday’s work session to operate the stormwater management program, foregoing an option for the state’s Department of Environmental Quality to handle the issue.

The ordinance crossed the path of supervisors last October with members of the county’s Planning Commission passing it, despite their dismay. The following November, DEQ representative John McCutchen was the recipient of opposition and concerns from citizens and supervisors. Now, with a July deadline looming to comply with state regulations, county officials reluctantly took a stance.

“Control is the biggest issue with this plan,” said assistant county administrator Jonathan Stanger. “You can always modify the plans, but if the state handles it, you lose that control.”

The control in question emphasizes the county’s ability to manage the program. According to Stanger, allowing DEQ to manage the program could have financial implications in the future, specifically the proposed fee schedule.

Under the ordinance’s proposal, only land greater than one acre would be affected. Single-dwelling homes are not impacted by the proposal. Nor are areas ranging from 2,500 square feet up to one acre.

In question are concerns of privacy and fees instituted by the ordinance. At the November public hearing, citizens opposed the concept of a designated administrator having the right to enter private property without permission to check for violations.

County administrator Rodney Hathaway advised the board on Wednesday that if the state regulates the program, the county’s growth could be impacted substantially.

“A huge concern is how long it takes for state agencies to respond,” Hathaway said. “If we opted into the state’s program, it will take at least 15 days for them to review any proposal for a permit and up to an additional 60 days to approve and execute it.

“Another factor is if any changes are made to the original plan, then an additional 60 days would be needed for the revised plan,” continued Hathaway. “In all, it stretches time to build and will be a huge problem for us when it comes to economic development and when businesses are looking to build.”

Supervisors weighed in with more confusion than clarification on the ordinance. Chairman Thomas Evelyn questioned the intention of the program as well as the state’s preparation to adopt something he clearly believes the state is not prepared for.

“They want to regulate this ordinance but the people they are training have not taken an exam,” said the chairman. “[DEQ] wants us to put regulations on constituents that we have no guidance on.

“I feel like the state is pushing something down on us that they can’t get a handle on,” he concluded.

Stanger added that if the state regulates control over the stormwater program, they would retain 100 percent of all fees charged to anyone applying for building and land disturbance permits. If the county elected to maintain operations, localities would receive 72 percent of the fees, while the state will receive the other 28 percent.

“It’s going to be costly either way due to the requirements,” said Stanger. “If you allow the state to handle the program, we’re not going to be able to issue [building and land disturbing] permits.”

Burrell motioned for the program to be maintained by the county. Before a vote was tallied, District 4 representative Ron Stiers expressed disappointment with the issue.

“This is just another tax on the citizens,” he said. “I wish there was a way that the county could waive the fee.”

According to county attorney Michelle Gowdy, the cost of the program is operated through the fees.

The motion for county control of the stormwater program passed 3-2, with Evelyn and District 5 supervisor Ray Davis casting dissenting votes. The county’s Planning Commission will now review the recommendation to maintain the program and could hold a public hearing in May.