There’s something unique about the dispute over The Woods. While I’ve said before, “The easiest way to make money in North Carolina is to buy cheap land and cheap politicians,” the purchase price for The Woods was clearly not “cheap.” The developers have even said (The Enquirer-Journal, 8/26/08) “installing septic systems would not be economically feasible.”
For the moment, let’s set aside the question of whether the developers of The Woods were playing “bait and switch” when they originally asked for approval of a traditional septic-field development that did not require an impermissible pump station or the construction of an onsite treatment plant. If the type of development for which they requested a permit was not “economically feasible,” it does suggest representations made when seeking their current permit might not have been made in good faith, but for the moment let’s assume they told the truth at every turn in seeking their original permits from Weddington.
Assume they were telling the truth as they knew it at every turn, and where does that leave you. Let’s see, I can’t imagine any average Joe dumb enough to pay a premium price for land on which to build his personal residence without checking to see if the land will perc or has sewer available, yet we’re to believe the experienced individuals responsible for developing The Woods bought land that can’t be developed profitably unless someone lets them ignore the County’s long established rule on pump stations.
Some time ago, the developers of The Woods claimed they had been promised sewer without building a gravity system and would sue if they did not get a pump station permit. I have no doubt that they were promised they could develop their property without using septic-fields or a gravity system, because as just noted, nobody would be dumb enough to pay big bucks for land for development that could not be profitably developed.
But if they went forward based on a promise from someone or several people who they had to know had no legal authority to make such a promise, what does that make them?
Were they and their advisors were so incompetent they didn’t know they were paying so much for the land that it could not be developed profitably unless someone would help them ignore a county sewer policy put in place for the benefit of all county residents, or did they know exactly what they were doing but believed the people who promised them they could get preferential treatment because they had the right connections? Is there any other possibility I’m missing?
Whatever the Weddington Town Council decides, I expect fireworks. If the developers are turned down, they’ll be furious, I’m sure, but if their request is approved, those who vote for it will be looking over their shoulders for a long time.
Back to the Basics on Sewer
In order to approve the request made by the developers of The Woods, the Weddington Town Council must agree that four key statements are true. They may have trouble finding the statement concerning economic impact is true because of the way gravity works - it makes water flow downhill. Gravity is free, the ultimate greenpower solution to transporting sewage.
That’s why the county sewer plan calls for gravity sewer, installed as density makes installation worthwhile. That’s why putting a private sewage treatment plant in an area that is part of the county’s master plan for sewer raises so many questions. And that is why the county should probably extend the pump station policy to private treatment plants, and reach agreement with the towns that they will honor the county’s policy. After all, town taxpayers are also county taxpayers, and increased density needs to be part of cooperative planning among all of the jurisdictions if the public is to be well served.
While gravity sewer typically costs more to install than other alternatives, the operating costs and the probability of spills are far lower. In this region, gravity sewer, installed as density justifies it, is far more economical over time than other alternatives. The installation of large pump stations or package plants may be profitable for a developer who can suddenly switch unsewered land to premium property that permits higher density, at an upfront cost less than the cost of gravity sewer, but increasing profitability for big developers comes at a cost to others.
Perhaps just as important, the introduction of pump stations and private package plants takes the predictability out of planning and makes political connections more important than public benefit. Gravity based development is predictable; everyone can look at a topographic map and see what land will get sewer and plan accordingly. When pump stations are introduced, the game changes for the benefit of the major developers at the expense of small builders and the general public.
The county has a sewer plan covering the parts of the county where it is expected density will be sufficient to justify the cost of public sewer, and that plan is based on pipes that connect all the way from the high point in a drainage basin to the sewer plant that will treat the sewage. Now imagine that halfway between developments planned for gravity sewer and the sewer plant that would be expected to serve them, someone removes all of the planned pipes, because it would save them money. Gee, do you think that would affect the value of the land on the other side of the missing pipe?
The Woods can be developed at low density without building gravity sewer, but if they want the density that justifies public sewer, they need to be sure they’re serving the public, not just pumping up profits.
If The Woods can build their own sewer plant, any other developer can be expected to demand the same treatment. Imagine how this policy would work on a county-wide basis. Anyone who can afford to buy enough acreage to build their own package plant can just keep building, with no regard to the public plans for infrastructure. In the meantime, individual landowners who do not want to be part of a subdivision, or small developers who cannot afford the upfront cost of building a package plant, are basically out of luck.
“You can’t repeal the law of unintended consequences.”
Until earlier this week, I thought “obstruction of justice” meant interfering with the legal system, trying to intimidate a juror or something of the sort. Then I heard Colon Willoughby, the Wake County District Attorney, argue that Thomas Wright was guilty of obstruction of justice because of he filed wildly inaccurate campaign finance reports.
Under the new rule, it appears that anything that interferes with justice might be considered obstruction of justice. I love the new rule.
Anyone who helps a developer obtain preferential treatment in violation of existing law could be guilty of the felony of obstruction of justice. Falsifying government documents to obtain unsewered community grants and using them for new development would be a felony.
Anyone who slipped a provision into the budget for the benefit of a contributor or who is taking fees as a consultant for helping pass legislation for their “client” and doesn’t disclose the facts on their financial disclosures could be guilty of obstruction of justice.
Best of all, those responsible for concealing the correct census numbers during the last redistricting in order to gerrymander the state for their personal benefit could be convicted of obstruction of justice. YESSS!
Fern Shubert is a former State Representative, State Senator, Town Manager and Candidate for Governer. She currently serves as the NC State Director of the National Right to Read Foundation.
meeting that the Council seemed concerned about how The Wood’s sewer and community-wide irrigation infrastructure would block residents in the upper basin from gaining county water and sewer access. At that meeting, Phillip Walton, IB Development partner, offered to run a trunk line that would accommodate future connections in the upper basin.