A steep slope ordinance for the town of Sylva is under review by aldermen, and the proposed regulation is already running into opposition.

Alderman Harold Hensley is against the ordinance because it limits property owners from developing their land.

“After the recent tax revaluation, how can we tell a man what to do with his one or two acres of land,” he said. “You are going to have a lot of people screaming when you have a public hearing. There will be a public outcry.”

However, the town had previously voted unanimously to draft the steep slope ordinance.

“The reason why we have this is because we asked the planning board to develop it,” said Aldermen Maurice Moody.

Planning board members and aldermen examined the ordinance at a workshop on May 1. Before the meeting, Moody said he supported the ordinance; however, he wants each board member to be well versed in the details of the regulations.

“I think we’ve got to go through this item by item so when we have the public hearing everyone knows its specifics,” he said.

The Nuts and Bolts

“The number one goal of the ordinance is to address environmental issues like stormwater runoff and hazard management issues such as landslides,” Sylva Planner Jim Aust said.

Sylva does not follow Jackson’s land-use regulations, which were adopted by commissioners in August 2007.

Town leaders decided to craft their own because land-use regulations must follow Sylva’s zoning ordinance.

All properties within the city limits are classified either residential or commercial areas.

“This sets us apart from the county. They don’t have any zoning,” he explained.

“Sylva’s ordinance is much more lenient than Jackson’s,” Aust said.

Those who build on slopes of 15 percent are required to landscape the disturbed area with native vegetation. Aust says this proposal is for structures that will disturb an area of 1,000 square feet or more.

The rule does not control the number of units that can be built on a property or how high the structure can be built, he explained.

“Because we are a town, we have a little bit more density,” Aust said.

Developments on a slope of 30 percent or more will have a new set of rules to follow.

For example, now a house can be built on a half acre of land. The proposed ordinance changes this rule to one house per acre in a residential area. If the area is zoned a multifamily or commercial area, then the number of units increases to six multi-family units, or a commercial building of 16,814 square feet.

After hearing this stipulation, Hensley questioned why the town needs a steep slope ordinance.

“We don’t have a lot of land in Sylva that’s steep,” he said.

Developments will also have to grade hillsides. The planning department will use a formula to calculate how much of the site must be graded. For example, if a house is built on a 15 percent grade, then 80 percent of the lot must be filled.

In addition, roads built in an area with a slope of 30 percent or more must have a right-of-way with a minimum of 32 feet to a maximum of 40 feet.

Moody said he would prefer if this rule only applied to a subdivision.

“If a person is building a private drive we should not regulate its width,” he said.

Roads can be built too narrow and it makes it difficult for emergency personnel to respond to fires, Aust said.

All artificial slopes must be designed to create a naturally appearing hillside or slope. The slope must have native trees and vegetation.

All commercial developments that have an existing grade of 15 percent must have adequate lighting for the security and safety of residents.