Waynesville council adopts three land‑use text amendments on street trees, stormwater exemptions and wireless rules

The Waynesville Town Council voted to adopt three text amendments to the town’s land‑development standards that staff said will clear up ambiguities and align local rules with state and federal requirements.

The adopted amendments cover (1) a payment‑in‑lieu option for required street trees when road projects prevent on‑site planting; (2) a clarified stormwater ordinance exemption to make clear that single‑family and two‑family dwellings on an individual lot that are not part of a larger subdivision are exempt; and (3) changes to wireless communications rules to remove provisions that conflict with federal law and to require proof of FAA/FCC regulatory compliance before issuing permits.

Why it matters: The amendments aim to avoid construction delays, ensure consistent permitting, and reduce legal exposure. The street‑tree change allows developers affected by road projects (including town projects, not only NCDOT) to pay into a town account to fund planting later. The stormwater clarification prevents developers from claiming an exemption for projects that are part of larger site plans. The wireless changes bring local rules into closer conformity with the Communications Act of 1996 and FCC precedent, and clarify where towers and antennas may be sited and reviewed.

Key changes and staff rationale - Street‑tree payment in lieu: Staff explained the temporary policy the council adopted in May 2025 allowed some projects to receive a temporary certificate of occupancy instead of planting trees when a roadway project prevented installation. The new amendment adds a permanent payment‑in‑lieu option: “If a road project prevents the installation of required landscaping, the developer may request to provide a payment in lieu covering all costs associated with installation and materials,” staff read. The town finance department will hold funds in a designated account for later plantings once the road project is complete. The planning board recommended broadening the rule to include town road projects as well as NCDOT projects.

- Stormwater applicability and exemptions: The stormwater ordinance exemption previously read “single family and 2 family developments on individual lots,” language staff said could be misread to exempt multiple lots that are part of a larger plan. The revised language clarifies that the exemption applies only to a single‑family dwelling on an individual lot or a two‑family dwelling on an individual lot “provided the lot is not a part of the larger site plan or a subdivision.” Staff said the change strengthens legal clarity and aligns the town’s permitting expectations with the model ordinance used by many North Carolina jurisdictions.

- Wireless communications: The amendment removes wording that limited certain antenna installations to “existing buildings,” clarifies that one monopole tower is permitted per full acre of a lot (for example, a two‑acre lot may have two towers), and requires applicants to provide FAA and FCC documentation showing compliance before issuing building permits. Staff said changes were necessary because local rules that imply a use‑variance process or regulate facilities based on environmental or health impacts are preempted by federal law. The planning board reviewed and recommended these clarifications.

Council findings and vote For each amendment staff recommended, council found the proposals consistent with goals 1 and 3 (smart growth and natural resource protection) of the town’s 2035 comprehensive plan and adopted the ordinances. The motions were approved by voice vote.

Ending: The amendments become part of the town’s land‑development standards and will be used in future permit reviews. Staff said the taxonomy of the updates is primarily clarifying and procedural; the planning office will publish the new text and update permit checklists for applicants.