Forest Hills' restrictions could impose an economic hardship on those in the community who cannot afford to build houses that meet the village's guidelines, said Jewell Brown, a resident of the proposed ETJ who has heard similar concerns from several residents of the proposed ETJ.
State statutes allow any municipality to create an ETJ that extends up to one mile from its town limits for zoning purposes, said Geoff Willett, a planner with the Institute of Government. Any decision to create an ETJ around Forest Hills would be made by the village board after a required public hearing.
Approval of the residents of the proposed ETJ is not required. Forest Hills' proposed ETJ extends for one mile in some directions, but not all.
Residents of a town's ETJ are subject to the municipality's zoning and land-use ordinances only. They do not vote in town elections or pay town taxes.
Forest Hills officials are primarily concerned with projected growth at Western Carolina University, said Willett, who assisted the village with preparation of the ETJ proposal.
WCU professor and Village Council member John Adams, chairman of Forest Hills' long-range planning committee, agreed that the anticipated growth of WCU is the impetus for the proposed ETJ.
"Our main concern is with the projected growth of the university and its effect," Adams said. "We're trying to provide an opportunity to people in the area to use the power the village has to manage that growth."
Forest Hills is not opposed to WCU's anticipated growth, Adams said, but wants those who live in the area to have some say in that growth.
When asked about the petition opposing Forest Hills proposed ETJ, Adams said, "We're hoping people will give us an opportunity to talk to them and explain what we're trying to do. We believe we're helping everyone in the area, or at least we're trying to. I know people can't understand that unless and until they sit down and talk with us."
At the Speedwell Store, Brown and Stallings see it differently.
"This ETJ is so against our constitutional rights that people do not believe the village of Forest Hills can do this to people of the surrounding area without their permission and against their will," Brown said. "Those of us in the (proposed) ETJ have no vote - no say - in what's happening. I can't believe they can do this."
Stallings, a retired educator, said the situation reminds him of events that led to World War II.
"This is an over-dramatization, but in 1937-38, Hitler took Austria, or part of it. People in Austria woke up one morning and found they belonged to Germany. This subjugation led to others and ultimately a war that killed millions," Stallings said. "The other European countries and the rest of the world stood by and let this happen. Only belatedly did they act. We choose to fight now."
Forest Hills' proposed ETJ travels south on N.C. 107 from the Forest Hills entrance to Speedwell and down Speedwell Road (S.R. 1001) to Bo Cove Road until that road ends. It then follows existing property lines to the Webster/Cullowhee township lines. Following those lines past Gribble Gap, the proposed ETJ picks up the ridge line, following back to N.C. 107 at the intersection directly in front of the Western Carolina University administration building. It includes property on both sides of Long Branch Road.
With regard to the projected growth of WCU, university spokesman Jim Rowell issued the following statement:
"Growth at Western Carolina University is a positive, not a negative. Growth for WCU means expanding opportunities for this area, both from educational and economic standpoints.
"What seems to be getting clouded in some of the discussion is that all of the growth will not occur this year or next. The growth at Western is projected over the next decade.
"To prepare for this growth, WCU engaged in an extensive master planning process. Included in that plan is not just one 300-bed residence hall for 3,000 students, as someone recently suggested, but consideration of site locations for 18 new or expanded buildings. Several new residence halls and other types of student housing are proposed within the campus plan, as well as a fine and performing arts center, an all-weather recreation facility, a conference center and a Greek Row area on the campus.
"Western Carolina University's growth should benefit everyone - that's what we're all about," Rowell said.
According to Rowell, physical growth for WCU is projected to occur directly across from the N.C. 107 entrance to campus. That area falls within the boundaries of Forest Hills' proposed ETJ.
The village is not concerned with regard to the university's physical development, Adams said, but rather with the estimated 50 percent growth of the student body.
"Those students will need housing and services and will make demands on the surrounding area," Adams said. "The most logical place for that development is Forest Hills and the proposed ETJ. We're not opposed, but if development is going to proceed, it makes sense for those who live in the area to have some say in its growth."
Municipalities have been empowered to create ETJs for at least 30 years, said Alan Lang, chief planner with the Institute of Government. The original intent behind extra-territorial jurisdiction was that cities are concerned about areas outside their city limits developing without an organized plan - because such areas might become part of the city, Lang said.
Property owned by WCU inside Forest Hills ETJ, should one be created, would be subject to village zoning, Lang said.
Both Lang and Willett said that while ETJ is not a required step for annexation of an area, it is a way for towns to control development in areas they might one day annex.
Due to statutes that disallow annexation of undeveloped property, Forest Hills cannot presently annex the area of its proposed ETJ, Willet said.
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Herald photo by Rose Hooper