Mar. 22—A rash of large-scale housing developments on the horizon in Waynesville have nearly maxed out the capacity for the town's sewer treatment plant, something that could bring additional growth to a screeching halt.

State regulators warned the town more than three years ago that this day could eventually come, a day when new development would have to be turned away because the antiquated sewer plant couldn't handle anymore volume. And that day may soon be here.

"There will come a time at which we have to put the brakes on new large-scale development. We'd have to say to a new developer coming in 'We're maxed out. We can't provide you sewer,'" said Elizabeth Teague, Waynesville development services director.

Due to repeated overflow violations at the town's sewer plant, the state placed restrictions on the town that caps new hook-ups. The town was given a deadline of 2024 to rebuild the plant, and until then, additional volume was capped to 155,000 gallons per day.

Every large-scale housing complex that's been permitted since then has taken a bite out of those 155,000 gallons.

Now there's just enough left for two developments that came before the town planning board this week: a 59-unit townhome development and 60-unit apartment project.

Opponents to the two projects raised the issue of dwindling sewer plant capacity during a public hearing before the town planning board Monday night. Resident Janet Clark came armed with an internal town memo outlining the depletion of sewer capacity by various development projects in the pipeline.

Should the townhome and apartment project be approved, there would be very little left to dole out between now and July 2024, according to the memo.

"That means there is no capacity, no room left," Clark said.

"Is her math reasonably right?" Planning Board Member Don McGowan asked after Clark's presentation.

Teague confirmed the town is indeed nearing the cap.

"But we aren't there yet," Teague said.

And as long as there is capacity left on paper, the town can't turn down a project just because it would use up the last of what's left, Teague said.

"For these two developments, we can't say we don't have enough sewer capacity, because we do," Teague said. "That's our limitation as staff."

Asking for more

While developments on the horizon would push sewer plant capacity toward the threshold set by the state, the town could appeal to state regulators and re-negotiate for more volume.

Bob Clark said the town shouldn't hedge its bets, however.

"I am amazed we are under a state order, and it's OK to run it up to the brink and then say 'We'll ask the state for more.' I've been in negotiations before where the other side can say 'no,'" Bob Clark said.

McGowan also thought it seemed risky.

"My concern is we couldn't accommodate anything more after this without some sort of special intervention," McGowan said.

But Teague said the town will have to renegotiate with state regulators regardless, as it's now clear the sewer plant rebuild won't be completed by July 2024 afterall — which was the deadline originally set by the state.

The town was hoping to be underway with the rebuild by now, but it got an unpleasant surprise in December when bids came in $8.5 million over budget, putting the project on hold temporarily. The town has since been engaged in a dual approach to lower costs while also looking for grants to help cover the shortfall.

What's next?

The capacity cap doesn't apply to new single-family homes or to lots that already have sewer lines running to them. So those wouldn't be affected should the state limit be maxed out, Teague said. But for new large-scale developments or those requiring sewer line extensions, the cap would come into play.

The town has kept a running tally of the allocation that's left every time the site plan for a new development is granted. But Teague said that site plan approval is not a guarantee of capacity. A promise of capacity isn't inked until the actual building permit is issued.

"We have been very transparent with developers about that," Teague said.

Patrick Bradshaw with Civil Design Concepts, who represents developers seeking zoning approval from the town, said he was well aware of the dwindling allocation.

"That day will come when the 155,000 gallons is extinguished," Bradshaw said. "We have been working within that for some time now."

Bob Clark questioned the wisdom of allocating the little capacity that's left to out-of-town developers — referring to the developer behind the proposed townhome and apartment project — potentially leaving nothing left for a local developer or much-needed affordable housing project should one come along.

"Do we fill up the sewer that's left with projects by people from outside the community who are going to hit and run?" he asked.

However, an attorney representing the developer said the sewer allocations are first come, first served, and the town can't deny a project on the grounds of wanting to hold some capacity in abeyance.

"Your planning staff has said there is capacity for these projects," said Bob Oast, a land-use attorney based in Asheville.

Planning Board Chairwoman Ginger Hain questioned whether the board could even consider future allocation projections when weighing the projects.

"It really does get us up to that bubble where we might have to say 'no.' But we aren't there yet," Teague said.

The planning board ultimately approved the 60-unit apartment complex, while the 59-unit townhome development must go to the town board of aldermen for final approval as it requires a conditional use permit. (See related story.)