A Port Royal Sound Foundation map of the headwaters of the Port Royal Sound, including part of what would be included in Jasper County’s proposed Broad River Euhaw Overlay District. Scott Graber/The Island News

‘What happens if we do nothing?’ Proposed Jasper County overlay district on shaky ground

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By Scott Graber

It is Monday, April 21, and I’m in Jasper County Council Chambers in Ridgeland, S.C.

The room is large, well-lit and comes with a raised dais behind which one can see four heads, all middle aged men — men who currently comprise Jasper’s Council.

Sitting opposite the dais at what I would have once called counsel’s table are David Tedder, County Attorney, and Andrew Fulghum, Jasper County’s Administrator.

Both of these men wear dark suits and sit behind impressive stacks of red-underlined, yellow-highlighted paper detailing the proposed Broad River Euhaw Overlay District.

The room is almost full, some here for other agenda items, but most wanting to know where this Council stands regarding the pending, much-debated “Overlay District.”

Earlier tonight Tedder began the “workshop” by explaining the history behind the Broad River Euhaw Planning Area — a proposed zoning that would allow one house for every 10 aces.

“The intent of the Euhaw Overlay District is to maintain the rural character of the area, to protect important cultural and natural resources, and to minimize the impacts of development on surrounding water resources particularly the Broad River …” says Article 8 of the proposed Special Purpose District.

The new zoning creates riparian buffers, anticipates private wastewater systems, and would have the effect of maintaining the rural, pine-forested look of part of the County.

The area covered by this proposed “Overlay” involves land bounded on the East by the Broad River and extending West to Purrysburg Road — but not including the Town of Ridgeland or Hardeeville—which will be given room to grow and develop.

Tedder described the soil in this area as poor; and spoke about the lack of sewer capacity at the Beaufort Jasper Water and Sewer Authority, the consultants who were hired to flesh out the new zoning, and the moratorium that have consumed the last two and one-half years.

Tedder described going to Charleston, Beaufort and Spartanburg counties to talk with their staff about their growth problems. He talked about septic systems that could not be serviced or repaired. He recapped this lengthy, difficult time line for Council members Chris Vangeison, Joey Rowell, John Kemp and Joseph Arzillo.

When it came time for Council to speak, Joseph Arzillo — new to Council — spoke of protecting “property rights” and wondered just how much of Jasper would be covered by the proposed overlay district.

“Is it one-forth of the County?

“I don’t think so — maybe one-fifth,” said Lisa Wagner, the staff planner for Jasper County.

Arzillo also wanted to know the arithmetic connected with a hypothetical 500-acre parcel — the hypothetical answer being 20 lots — and then expressed concern about the “small guy” and the rising cost of housing in Jasper.

Joey Rowell then asked for “alternatives” and Tedder responded to Rowell’s question by explaining a “smaller impact subdivision” of 40 to 50 homes versus the 2,000-house subdivision that would overwhelm existing infrastructure like highways and sewer.

At this point John Kemp, Chairman of Council asked, “What happens if we do nothing?”

Tedder responded by reiterating the poor soil, failure of septic tanks — even the new and improved tanks that don’t require a drain field — and increased traffic all of which then worked its way around to a discussion of the problems on Argent Boulevard.

“I’m afraid of what I don’t know,” said Kemp. I worry about “young folks” said Joseph Arzillo. “This is a work in progress,” said Andrew Fulgum.

There is no question this process has been long and costly — and maybe it’s been too long.

Councilwoman Barbara Clark, a probable proponent for the district, was recently defeated and no longer sits behind the dais. Marty Sauls, another member who appeared to support the overlay, abruptly resigned on March 10. But tonight three of the four men who sit on Council expressed reservations about the overlay district.

Notwithstanding their comments, surveys undertaken by the County and its consultants indicate wide-spread support for limiting the massive growth happening around Hardeeville and Bluffton.

In order for an overlay designation to withstand legal scrutiny there has to be underlying justifications—reasons that this particular property should be treated differently. It would appear that Tedder’s emphasis on poor soil, failing septic tanks and inadequate highways are the principle reasons.

Earlier tonight Dean Moss, former chair of the Port Royal Sound Foundation, presented a stylized map (of Port Royal Sound) showing this vast expanse of water, islands, hammocks and marshes.

The map, however, does not show the development on Hilton Head or anywhere else. This is a rendering of what these waters looked like when Pedro Menendez arrived in 1566 — and in his remarks, Moss mentioned that keeping the headwaters in Jasper County free of development was critical to the health of the Port Royal Sound.

“In 2023, this Council decided to hit pause on approving new development to give yourself some time to think carefully about the Jasper County you wanted to create for the future.

“That was brave. It requires courage to move from reactive to being proactive and thoughtful. We have all seen what reactive growth looks like and the consequences it can have for our communities and environment. Our neighbors in Bluffton have been making significant investments to address the negative impacts of dense, reactive growth on the May River.

“You have chosen a different path. You chose to carefully consider your options and plan for the future of the community and our watershed. A full 30% of the Port Royal Sound watershed is within the bounds of Jasper County, and by working together we have the opportunity to ensure we maintain a healthy and productive watershed now and into the future.”

Moss came to Council tonight, delivered a map, reiterating his reason to enact the Broad River Euhaw Overlay District.

A second reading is scheduled for May 5.

Scott Graber is a lawyer, novelist, veteran columnist and longtime resident of Port Royal. He can be reached at cscottgraber@gmail.com.

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