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General Assembly-granted scenic river status, such structures are prohibited without prior approval by the General Assembly.
Mr. Carter said the river would be two-thirds effluent and one-third river water during the hot summer months. He asked the Board of Supervisors if they thought anyone would drink that water, “two-thirds of which has gone through somebody’s kidneys.”
“God did not put the river here as a ditch to transport someone's sewer plant water,” he added.
The supervisors voted unanimously to table the subdivison issue after defeating by a 4-3 vote Supervisor Ruth Updike’s motion to send the plan back to the Planning Commission for further impact review.
Her motion failed, according to statements made by two of the supervisors who voted against it, because they agreed with Mr. Wiley’s assessment that rejecting the plan was illegal. Mr. W’iley argues that the plan meets the requirements of Culpeper’s subdivision ordinance.
Several people in the audience shouted their objections to Mr. Wiley’s argument*
Mr. Wiley, however, was calm as he told the supervisors that, although he was confident they will win the pending lawsuit if it comes to trial, his “best legal judgment” was that turning down the new proposal had no rational basis under Culpeper law.
He said that w hen he was retained by the county (following the resignation of county attorney John Bennett over Culpeper’s controversial pornography ordinance), he searched for a legal basis on which to reject the subdivision but was unable to find it.
During the July 5 hearing South Wales Inc. officials were silent. Their only comments came in the .form of a brief statement by their attorney, Jerry Emrick.
Culpeper and Fauquier residdrtts were not ’SHeftt, niMfcWifr. and took about 90 minutes .to voice their opposition. The partisan crowd usually applauded loudly whenever an anti-development speaker was finished.
To accommodate complaints from farmers on the other side of Route 621 from South Wales, the developers have offered to donate a school site, a fire and rescue station site and a small park.
The supervisors voted to table the subdivision plan to study Mr. Wiley's statements and to obtain a groundwater study of the area.
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