Rowan County Commissioners last night, to the "thunderous applause" of some 200 spectators, imposed tough new restrictions on new asphalt plants which will prevent such industrial polluters from locating within one-half mile of churches, schools, daycares, health care facilities, and public parks, and in a surprise move, the commissioners voted to add "inhabited dwellings" to the list, a restriction left out of the recommendations forwarded to the commissioners from Rowan County's planning board.
"County Attorney John Holshouser expressed concern that adding homes in the separation requirement could cause a legal challenge. Holshouser said there is no information available on whether adding homes will prevent an asphalt plant from being permitted anywhere in the county." (Salisbury Post coverage here.)
The commissioner who introduced the "inhabited dwellings" clause, in a display of foolhardiness or bravery, depending on which side you're on, essentially said in reply to the county attorney, "Let 'em sue us." Refreshing attitude, after many years of observing our own county commissioners, who look to their attorney for advice before going to the men's room.
According to the Salisbury newspaper, the staunchest no-zoner among the Rowan commissioners made the motion to adopt the zoning text. And yes, Watauga County Commissioners, they passed the text under zoning authority and will require a conditional use permitting process to allow any new asphalt plant (or 12 other "high-impact" uses) in Rowan.
(I'm trying to find out -- but haven't yet -- whether the no-zoner is up for reelection this year and what the issues are. Clearly, though, on just a cursory look, Deborah Greene needs to get herself to Rowan County immediately!)
When the attorney for the asphalt company that precipitated this new zoning reg got up to ask the commissioners to "clarify or strike down" some of the language in the new ordinance, the audience hooted and booed her so bad the chairman of the board had to restore order. Apparently unable to function as a lawyer on the occasion, she took to stand-up comedy, with this: "She rebuffed claims of potential harm for air and water, saying North Carolina has among the toughest regulations in the country." Guffaw! Reminds us of the definition of lawyer: someone who will lie for you at $100 an hour.
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