VIRGINIA BEACH
The City Council and the state are at a standoff over whether swimming pools need to be treated like driveways, patios and sheds in order to protect the Chesapeake Bay.
The City Council this week unanimously stood behind its policy and will not consider pools a hard surface. The action puts the city at odds with the Chesapeake Bay Preservation Act and could leave it open to a state lawsuit.
The issue all comes down to how much homeowners along the shoreline will have to pay to process the rainwater.
The Beach is the only city in Virginia within the Chesapeake Bay Preservation Act area that doesn't count pools when looking at how much of a property is paved and whether homeowners need to make changes on their property, such as planting buffers or creating other types of runoff barriers.
The city can't pick and choose which requirements it follows, said Joan Salvati, director of the Chesapeake Bay Local Assistance Department.
"That's not the way regulations work," Salvati said.
State regulators had asked the city to change its policy. They have said that pools, like driveways, prevent storm water from being filtered by the ground before it runs into the Bay.
Builders and land-use attorneys said the swimming pool regulation was onerous and would make it more difficult and expensive to build pools. They argued that pools collect the storm water and keep it from reaching the Bay.
City Council members agreed. "I think a pool is a giant retention pond," said Councilman Jim Wood.
For other council members, the pools issue is a property rights debate.
"We need to stand up for our citizens and the right for them to enjoy their property," said Councilwoman Rosemary Wilson. "This is one small way we can."
Councilwoman Barbara Henley said Virginia Beach's Bay ordinances are much stronger than other communities and the city shouldn't be penalized for the pools. The Beach, for example, protects more waterside land, Henley said.
"We do agree that Virginia Beach does other things for water quality," Salvati said. "In this area, they're not addressing all the storm water runoff."
City attorneys are working to find some compromise that will satisfy both property owners and regulators and avoid a lawsuit.
That pleases Salvati.
"The department is always willing to have a discussion with the localities," Salvati said.
The local assistance board will review Virginia Beach's compliance status in the coming months and determine whether to ask the attorney general's office to review the case, Salvati said.
Deirdre Fernandes, (757) 222-5121, deirdre.fernandes@pilotonline.com
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Rolling around laughing...
***"We need to stand up for our citizens and the right for them to enjoy their property," said Councilwoman Rosemary Wilson. "This is one small way we can."****
The other would be to allow us to keep more of our money but that will never happen. Like that other comment last week where the Council person stated that "we have to leave our people a little money to buy stuff"...
yeap, the council that 83% decided on by not voting...
Beach council
If they make an unpopular law, they tell us to come to them to get it repealed.
They need to go to the feds and say that the federal requirements for pools in the Chesapeake Bay Act are onerous and need to be repealed.
I don't think city councils should ignore national laws. It's not still the Wild West. I agree the law is really burdensome, though, and should be addressed (like an unfunded mandate). Cheers, MGM
I think the point is
Not about whether or not pools are harming the Bay. What they are saying is that by allowing pools to contain rain water, rather than to provide a runoff system where the water CAN run into the Bay, which is part of the natural process within watersheds, that the retention of rain in pools is harming the ecosystem because rain water isn't cleansing the natural waterways at the same levels if runoff were allowed to be shed into the Bay.
Do I think that pool owners should have to do this? No. I see the Bay group's point though.
how dare you!
of course Virginia Beach can ignore what ever rules they want to. They told school bus drivers they don't have to follow federal guidlines for safety inspections.....what's a few pools??
HUH??? """Yet another joke
HUH???
"""Yet another joke with city council. If you are well off, an can afford a pool, you can pollute with mosquitoes and everything else."""
Clorine and filters kill mosguitoes. Next argument.
Unbelievable
I don't have a pool but, let's get real here. Water collects in pools & doesn't drain into the freakin' bay. Rainwater is retained until it evaporates into the air and replaced by more rain or added water. Pool construction is far different from driveways that funnel run off into sewers. And no, pools in VB are not killing fish in Portsmouth! This is more about punishing capitalistic inclinations to have a pool and regulate your life to the nth degree. I love how they admit VB does a lot in other areas but, insist on more concessions for what isn't really a problem. Get ready to buy your water quality credits. How big is your "Water Quality" footprint?
Joan Salvati's comment are nut's!
The 1st poster had it right on the money. This lady is a socialist! Ms Salvati, These people OWN thier property, YOU DO NOT OWN IT!
Site Plan Approvals Yield the Problem and Impact
The laws and regs are there for certain purpose. They are not to enroach upon land owners or developers. The regs provide a consistent border around natural water bodies, like the big black border around the figures in our kids' coloring books. What happens in the zeal to develop McMansions common in the CoVB is that the home is fully colored into the page, no problem. But wait. The home owner or developer now wants a yard, or deck, or pool, but now no room is left on the lot. But wait. Look at all that pesky land in the regulated set back just sitting there doing nothing but serving a purpose designed by nature. Appeals are made and concessions granted by local planning boards. This results in the coloring now extending way beyond the big black border set there for a purpose. Ugly picture of poor quality. Fish dying in Portsmouth and elsewhere and poor water quality are direct results from the const
The rain falls into our pool - and stays there.
Another example of well intended people going too far and doing dumb things. Working to reduce polluted run off from flowing into the bay is good. Trying to harrass homeowners with a pool by claiming the rain that falls on the pool doesn't stay in the pool - is bad. If a pool has a concrete area around it, then I can understand treating it similar to a driveway - except, driveways typically are graded so the water flows down, away from the home, and into the street - and then into the stormwater system. Pools don't generally follow that same construction and the rain water that falls on the concrete around the pool typically flows into the back yard, not the stormwater system out at the curb in front of the home.
Huh?
Virginia Beach protects more waterside land? Where? Pleasure House Point? The oceanfront with all of its hotels built too close to the water?
What that city council says is far different from what it does in reality. That whole 'protecting the property rights of its citizens' had me lol! But, gee whiz it sounds good!
The bottom line: If everyone else has to count pools as paved area, then VB should have to do so as well.
Hilarious. . .
Yet another joke with city council. If you are well off, an can afford a pool, you can pollute with mosquitoes and everything else.
For a finish, I'll ask can I dump my car oil into the street if my income is >$90K year.?
This is VB
To all governing bodies, "We are the VB City Council and can do as we see fit! There."