WSMU_MILL_WSWP Ordinance_20230712 (3)

CHAPTER 156: NATURAL RESOURCES
Section
General Provisions
156.001 Title
156.002 Purpose
156.003 Definitions
Water Supply Watershed Protection Areas
156.015 Watershed Administrator and duties
156.016 Rules governing the interpretation of watershed area boundaries
156.017 Watershed protection permit
156.018 Building permit requirements
156.019 Watershed protection occupancy permit
156.020 Subdivision application and review procedures
156.021 Subdivision standards and required improvements
156.022 Construction procedures for subdivisions
156.023 Penalties for transferring lots in unapproved subdivisions
156.024 Public health
156.025 Appeal from the Watershed Administrator
156.026 Changes and amendments to the Watershed Protection Ordinance
156.027 Powers and duties of the Watershed Review Board
156.028 Criminal penalties
156.029 Remedies
GENERAL PROVISIONS
§ 156.001 TITLE.
This chapter shall be known and may be cited as the "Natural Resources Ordinance of the Town of
Mills River, North Carolina."
(Ord. 2022-18, passed 12-8-2022)
§ 156.002 PURPOSE.
(A) The purpose of the Natural Resources Ordinance is to mitigate negative impacts of land
development on natural resources to include provisions for water supply watershed protection, surface
water quality management and erosion control.

(B) This chapter outlines processes and defines standards for Watershed Protection Areas within
the Town of Mills River as defined in the Zoning Ordinance.
(Ord. 2022-18, passed 12-8-2022)
§ 156.003 DEFINITIONS.
AGRICULTURAL USE. The use of waters for stock watering, irrigation, and other farm purposes.
BALANCE OF WATERSHED (BW). The area adjoining and upstream of the critical area in a WS-II
and WS-III water supply watershed. The BALANCE OF WATERSHED is comprised of the entire land
area contributing surface drainage to the stream, river, or reservoir where a water supply intake is
located.
BEST MANAGEMENT PRACTICES (BMP). A structural or nonstructural management-based
practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in
order to achieve water quality protection goals.
BUFFER. An area of natural or planted vegetation through which stormwater runoff flows in a diffuse
manner so that the runoff does not become channelized and which provides for infiltration of the runoff
and filtering of pollutants. The BUFFER is measured landward from the normal pool elevation of
impounded structures and from the bank of each side of streams or rivers.
BUILDING. Any structures having a roof supported by columns or by walls, and intended for shelter,
housing or enclosure of persons, animals or property . The connection of 2 buildings by means of an
open porch, breezeway, passageway, carport or other such open structure , with or without a roof,
shall not be deemed to make them 1 building .
BUILT-UPON AREA. Built-upon areas shall include that portion of a development project that is
covered by impervious or partially impervious cover including buildings , pavement, gravel areas (e.g.
roads, parking lots, paths), recreation facilities (e.g. tennis courts), and the like. Wooden slatted decks
and the water area of a swimming pool are considered pervious.
CLUSTER DEVELOPMENT. Cluster development means the grouping of buildings in order to
conserve land resources and provide for innovation in the design of the project including minimizing
stormwater runoff impacts. This term includes nonresidential development as well as single-family
residential and multi-family developments .
COMMON PLAN OF DEVELOPMENT. A site where multiple separate and distinct development
activities may be taking place at different times or different schedules but governed by a single
development plan regardless of ownership of parcels.
CRITICAL AREA. The area adjacent to a water supply intake or reservoir where risk associated with
pollution is greater than from the remaining portions of the watershed. The critical area is defined as
extending either '/2 mile from the normal pool elevation of the reservoir in which the intake is located or
to the ridge line of the watershed (whichever comes first); orV2 mile upstream from the intake located
directly in the stream or river (run-of-the-river), or the ridge line of the watershed (whichever comes
first). Major landmarks such as highways or property lines may be used to delineate the outer
boundary of the critical area if these landmarks are immediately adjacent to the appropriate outer
boundary of mile.
CUSTOMARY HOME OCCUPATIONS. Any use conducted entirely within a dwelling and carried on
by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for
residential purposes and does not change the character thereof. Provided further that no mechanical
equipment is installed or used except as is normally used for domestic or professional purposes, and
that not over 25% of the total floor space of any structure is used for the occupation. No home
occupation shall be conducted in any accessory building except for the storage and service of a
vehicle that is driven off-site, such as a service repair truck, delivery truck, and the like.

DEVELOPMENT. Any land disturbing activity which adds to or changes the amount of impervious or
partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation
into the soil.
DWELLING UNIT. A building , or portion thereof, providing complete and permanent living facilities
for 1 or more persons.
EXISTING DEVELOPMENT. Those projects that are built or those projects that at a minimum have
established a vested right under North Carolina zoning law as of the effective date of this chapter
based on at least 1 of the following criteria:
(1) Substantial expenditures of resources (time, labor, money) based on a good faith reliance
upon having received a valid local government approval to proceed with the project; or
(2) Having an outstanding valid building permit as authorized by G.S. 160D-102; or
(3) Having an approved site specific or phased development plan as authorized by the General
Statutes (G.S. 160D-102).
EXISTING LOT(LOT OF RECORD). A lot which is part of a subdivision, a plat of which has been
recorded in the Office of the Register of Deeds prior to the adoption of this chapter, or a lot described
by metes and bounds, the description of which has been so recorded prior to the adoption of this
chapter.
INDUSTRIAL DEVELOPMENT. Any non-residential development that requires an NPDES permit for
an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of
manufacturing, assembling, finishing, cleaning or developing any product or commodity.
MAJOR WATERSHED VARIANCE. A variance from the minimum statewide watershed protection
rules that results in any 1 or more of the following :
(1) The relaxation, by a factor greater than 10%, of any management requirement under the low
density option;
(2) The relaxation, by a factor greater than 5%, of any buffer , density or built-upon area
requirement under the high density option;
(3) Any variation in the design, maintenance or operation requirements of a wet detention pond or
other approved stormwater management system.
MINOR WATERSHED VARIANCE. A variance from the minimum statewide watershed protection
rules that results in a relaxation, by a factor of up to 5% of any buffer , density or built-upon area
requirement under the high density option; or that results in a relaxation, by a factor of up to 10%, of
any management requirement under the low density option. For variances to a vegetated setback
requirement, the percent variation shall be calculated using the foot print of built-upon area proposed
to encroach with the vegetated setback divided by the total area of vegetated setback within the
project.
NONCONFORMING LOT OF RECORD. A lot described by a plat or a deed that was recorded prior
to the effective date of local watershed protection regulations that does not meet the minimum lot size
or other development requirements of the statewide watershed protection rules.
NON-RESIDENTIAL DEVELOPMENT. All development other than residential development ,
agriculture and silviculture.
PROTECTED AREA. The area adjoining and upstream of the critical area of WS-IV watersheds .
The boundaries of the protected area are defined as within 5 miles of and draining to the normal pool
elevation of the reservoir or to the ridgeline of the watershed (whichever is closest to normal pool

elevation of reservoir); or within 10 miles upstream and draining to the intake located directly in the
stream or river or to the ridgeline of the watershed (whichever is closest to the intake).
QUALIFIED INDIVIDUAL. A person certified to perform stream determinations by completing and
passing the Surface Water Identification Training and Certification (SWITC) course offered by the N.C.
Div. of Water Resources at N.C. State University.
RESIDENTIAL DEVELOPMENT. Buildings for residence such as attached and detached single-
family dwellings, apartment complexes, condominiums, townhouses, cottages, and the like and their
associated outbuildings such as garages, storage buildings , gazebos, and the like and customary
home occupations .
RESIDUALS. Any solid or semi-solid waste generated from a wastewater treatment plant, water
treatment plant or air pollution control facility.
SINGLE FAMILY RESIDENTIAL. Any development where: 1) no building contains more than 1
dwelling unit ; 2) every dwelling unit is on a separate lot; and 3) where no lot contains more than 1
dwelling unit .
STORMWATER CONTROL MEASURE (SCM). A permanent structural device that is designed,
constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or
filtration; or to mimic the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post-
filtration discharge, reuse of stormwater or a combination thereof.
STRUCTURE. Anything constructed or erected, including but not limited to buildings , which requires
location on the land or attachment to something having permanent location on the land.
VARIANCE. A permission to develop or use property granted by the Watershed Review Board
relaxing or waiving a water supply watershed management requirement adopted by the Environmental
Management Commission that is incorporated into this chapter.
VESTED RIGHT. The right to undertake and complete the development and use of property under
the terms and conditions of an approved site-specific development plan or an approved phased
development plan. Refer to G.S. 160D-108 for more information.
TOXIC SUBSTANCE. Any substance or combination of substances (including disease causing
agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any
organism, either directly from the environment or indirectly by ingestion through ground water supply
or food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic
mutations, physiological malfunctions (including malfunctions or suppression in reproduction or
growth) or physical deformities in such organisms or their offspring or other adverse health effects.
WATER DEPENDENT STRUCTURE. Any structure for which the use requires access to or
proximity to or citing within surface waters to fulfill its basic purpose, such as boat ramps, boat houses,
docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and
commercial boat storage areas are not water dependent structures .
WATERSHED. The entire land area contributing surface drainage to a specific point (e.g. the water
supply intake).
WATERSHED ADMINISTRATOR. An official or designated person of the Town of Mills River
responsible for administration and enforcement of this chapter.
(Ord. 2022-18, passed 12-8-2022)
WATER SUPPLY WATERSHED PROTECTION AREAS
§ 156.015 WATERSHED ADMINISTRATOR AND DUTIES.

The Mills River Town Council shall appoint a Watershed Administrator , who shall be duly sworn in. It
shall be the duty of the Watershed Administrator to administer and enforce the provisions of this
chapter and the applicable sections of the Zoning Ordinance as follows:
(A) The Watershed Administrator shall issue watershed protection permits and watershed
protection occupancy permits as prescribed herein. A record of all permits shall be kept on file and
shall be available for public inspection during regular office hours of the Watershed Administrator .
(B) The Watershed Administrator shall keep records of all amendments to applicable sections of
the Natural Resources Ordinance and the Zoning Ordinance and shall provide copies of all
amendments upon adoption to the Water Quality Section of the Division of Water Quality.
(C) The Watershed Administrator shall keep records of the jurisdiction's use of the provisions
related to maximum densities applied on an areawide basis, including the provision that a maximum of
10% of the non-critical area of WS-II, WS-III, and, WS-IV watersheds may be developed with new
development at a maximum of 70% built-upon surface area. Records for each watershed shall include
the total acres of non-critical watershed area, total acres eligible to be developed under this option,
total acres approved for this development option, and individual records for each project with the
following information: location, number of developed acres, type of land use and stormwater
management plan (if applicable).
(D) The Watershed Administrator r is granted the authority to administer and enforce the provisions
of this chapter, exercising in the fulfillment of his/her responsibility the full police power of the Town of
Mills River. The Watershed Administrator , or duly authorized representative, may enter any building ,
structure , or premises, as provided by law, to perform any duty authorized or required by this chapter.
(E) The Watershed Administrator shall keep a record of variances to this chapter and associated
sections of the Zoning Ordinance. This record shall be submitted for each calendar year to the Water
Quality Section of the Division of Environmental Management on or before January 1 of the following
year and shall provide a description of each project receiving a variance and the reasons for granting
the variance .
(F) The Watershed Administrator is responsible for ensuring that stormwater control measures are
inspected at least once a year and shall keep a record of SCM inspections.
(Ord. 2022-18, passed 12-8-2022)
§ 156.016 RULES GOVERNING THE INTERPRETATION OF WATERSHED AREA BOUNDARIES.
Where uncertainty exists as to the boundaries of the watershed areas, as shown on the Watershed
Protection Map of the Town of Mills River, North Carolina, the following rules shall apply:
(A) Where area boundaries are indicated as approximately following either street , alley, railroad or
highway lines or centerlines thereof, such lines shall be construed to be said boundaries.
(B) Where area boundaries are indicated as approximately following lot lines, such lot lines shall be
construed to be said boundaries. However, a surveyed plat prepared by a registered land surveyor
may be submitted to the Town of Mills River as evidence that 1 or more properties along these
boundaries do not lie within the watershed area.
(C) Where the watershed area boundaries lie at a scaled distance more than 25 feet from any
parallel lot line, the location of watershed area boundaries shall be determined by use of the scale
appearing on the Watershed Protection Map of the Town of Mills River, North Carolina (the
"Watershed Map").
(D) Where the watershed area boundaries lie at a scaled distance of 25 feet or less from any
parallel lot line, the location of watershed area boundaries shall be construed to be the lot line.

(E) Where other uncertainty exists, the Watershed Administrator shall interpret the Watershed Map
as to location of such boundaries. This decision may be appealed to the Watershed Review Board.
(Ord. 2022-18, passed 12-8-2022)
§ 156.017 WATERSHED PROTECTION PERMIT.
(A) Except where a single family residence is constructed on a lot deeded prior to the effective date
of this chapter, no building or built-upon area shall be erected, moved, enlarged or structurally altered,
nor shall any building permit be issued nor shall any change in the use of any building or land be
made until a watershed protection permit has been issued by the Watershed Administrator . No
watershed protection permit shall be issued except in conformity with the provisions of this chapter.
(B) Watershed protection permit applications shall be filed with the Watershed Administrator . The
application shall include a completed application form and supporting documentation deemed
necessary by the Watershed Administrator .
(C) A watershed protection permit shall expire if a building permit or watershed occupancy permit
for such use is not obtained by the applicant within 12 months from the date of issuance.
(Ord. 2022-18, passed 12-8-2022)
§ 156.018 BUILDING PERMIT REQUIREMENTS.
No permit required under the North Carolina State Building Code shall be issued for any activity for
which a watershed protection permit is required until that permit has been issued.
(Ord. 2022-18, passed 12-8-2022)
§ 156.019 WATERSHED PROTECTION OCCUPANCY PERMIT.
(A) No building or structure which has been erected, moved, or structurally altered may be
occupied until the Watershed Administrator has approved and issued a watershed protection
occupancy permit.
(B) When a change in use of land or existing building (s) occurs and no building permit is required,
the Watershed Administrator may issue a watershed protection occupancy permit coincident with the
watershed protection permit.
(C) If a watershed protection occupancy permit is denied, the Watershed Administrator shall notify
the applicant in writing stating the reasons for denial.
(Ord. 2022-18, passed 12-8-2022)
§ 156.020 SUBDIVISION APPLICATION AND REVIEW PROCEDURES.
(A) All proposed subdivisions shall be reviewed by the Watershed Administrator prior to recording.
Applicants are required to seek a determination of whether or not the property is located within a
Water Supply Watershed Protection Area prior to the commencement of the subdivision review under
the provisions of the Subdivision Ordinance. Subdivisions that are not within a Water Supply
Watershed Protection Area shall not be subject to the provisions of this subchapter. In addition,
subdivisions within a WS-IV watershed are subject to the provisions of this subchapter only when an
erosion and sedimentation plan is required under the provisions of state law or approved local
program. Subdivisions within a Water Supply Watershed Protection Area shall comply with the
provisions of this subchapter and all other state and local requirements that may apply.
(B) The Watershed Administrator shall review the completed application and shall either approve,
approve conditionally, or disapprove each application. The Watershed Administrator may provide

public agencies an opportunity to review and make recommendations.
(C) If the Watershed Administrator approves the application, such approval shall be indicated on
the plat by the following certificate and signed by the Watershed Administrator :
Watershed Certificate of Approval for Recording
I certify that the plat shown hereon complies with the Watershed and Natural Resources
Ordinances for the Town of Mills River for recording in the Register of Deeds office.
Date Watershed Administrator
NOTICE: This property is located within a Water Supply Watershed Protection Area and
associated development restrictions may apply.
(D) If the Watershed Administrator disapproves or approves conditionally the application, the
reasons for such action shall be stated in writing for the applicant. The subdivider may make changes
and submit a revised plan which shall constitute a separate request for the purpose of review.
(E) Subdivisions that do not comply with the applicable standards set forth in the Water Supply
Watershed Protection Overlay District section of the Zoning Ordinance shall be referred to the
Watershed Review Board for review.
(Ord. 2022-18, passed 12-8-2022)
§ 156.021 SUBDIVISION STANDARDS AND REQUIRED IMPROVEMENTS.
(A) All developments shall provide adequate building space in accordance with the development
standards contained in the Water Supply Watershed Protection Overlay District section of the Zoning
Ordinance. Lots that are smaller than the minimum required for residential lots may be developed
using built-upon area criteria in accordance with the Water Supply Watershed Protection Overlay
District section of the Zoning Ordinance.
(B) For the purpose of calculating built-upon area , total project area shall include total acreage in
the tract on which the project is to be developed.
(C) Storm water drainage facilities. Subdivision applications shall be accompanied by a description
of the proposed method of providing stormwater drainage. The subdivider shall provide a drainage
system that diverts stormwater runoff away from surface waters and incorporates best management
practices to minimize water quality impacts.
(D) Erosion and sedimentation control. The application shall , where required, be accompanied by
a written statement that a Sedimentation and Erosion Control Plan has been submitted to and
approved by the N.C. Division of Land Quality.
(E) Roads constructed in critical areas and watershed buffer areas. Where possible, roads should
be located outside of critical areas and watershed buffer areas. Roads constructed within these areas
shall be designed and constructed to minimize their impact on water quality.
(Ord. 2022-18, passed 12-8-2022)
§ 156.022 CONSTRUCTION PROCEDURES FOR SUBDIVISIONS.
No building or other permits shall be issued for erection of a structure on any lot not of record at the
time of adoption of this chapter until all requirements of this chapter have been met. The subdivider,
prior to commencing any work within the subdivision, shall make arrangements with the Watershed
Administrator to provide for adequate inspection.

(Ord. 2022-18, passed 12-8-2022)
§ 156.023 PENALTIES FOR TRANSFERRING LOTS IN UNAPPROVED SUBDIVISIONS.
Any person who, being the owner or agent of the owner of any land located within the jurisdiction of
the Town of Mills River, thereafter subdivides land in violation of this chapter or transfers or sells land
by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the
plat has been properly approved under this chapter and recorded in the office of the Register of
Deeds, shall be guilty of a misdemeanor. The description by metes and bounds in the instrument of
transfer or other document used in the process of selling or transferring land shall not exempt the
transaction from this penalty. The Town of Mills River may bring an action for injunction of any illegal
subdivision, transfer, conveyance, or sale of land, and the court shall , upon appropriate findings,
issue an injunction and order requiring the offending party to comply with this chapter.
(Ord. 2022-18, passed 12-8-2022)
§ 156.024 PUBLIC HEALTH.
No activity, situation, structure or land use shall be allowed within the watershed which poses a
threat to water quality and the public health, safety and welfare. Such conditions may arise from
inadequate on-site sewage systems which utilize ground absorption; inadequate sedimentation and
erosion control measures; the improper storage or disposal of junk, trash or other refuse within a
buffer area; the improper management of stormwater runoff; or any other situation found to pose a
threat to water quality.
(A) The Watershed Administrator shall monitor land use activities within the watershed areas to
identify situations that may pose a threat to water quality.
(B) The Watershed Administrator shall report all findings to the Watershed Review Board. The
Watershed Administrator may consult with any public agency or official and request recommendations.
(C) Where the Watershed Review Board finds a threat to water quality and the public health, safety
and welfare, the Board shall institute any appropriate action or proceeding to restrain, correct or abate
the condition and/or violation.
(Ord. 2022-18, passed 12-8-2022)
§ 156.025 APPEAL FROM THE WATERSHED ADMINISTRATOR.
(A) Any order, requirement, decision, or determination made by the Watershed Administrator may
be appealed to and decided by the Watershed Review Board. An appeal from a decision of the
Watershed Administrator must be submitted to the Watershed Review Board within 30 days from the
date the order, interpretation, decision, or determination is made. All appeals must be made in writing
stating the reasons for appeal. Following submission of an appeal, the Watershed Administrator shall
transmit to the Watershed Review Board all papers constituting the record upon which the action
appealed from was taken.
(B) An appeal stays all proceedings in furtherance of the action appealed, unless the officer from
whom the appeal is taken certifies to the Watershed Review Board after the notice of appeal has been
filed, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or
property . In such case, proceedings shall not be stayed otherwise than by a restraining order which
may be granted by the Watershed Review Board or by a court of record on application of notice of the
officer from whom the appeal is taken and upon due cause shown.
(C) The Watershed Review Board shall fix a reasonable time for hearing the appeal and give notice
thereof to the parties and shall decide the same within a reasonable time. At the hearing, any party
may appear in person, by agent or by attorney.

(Ord. 2022-18, passed 12-8-2022)
§ 156.026 CHANGES AND AMENDMENTS TO THE WATERSHED PROTECTION ORDINANCE.
(A) The Mills River Town Council may, on its own motion or on petition, after public notice and
hearing, amend, supplement, change or modify this chapter as described herein.
(B) No action shall be taken until the proposal has been submitted to the Watershed Review Board
and the Planning Board for review and recommendations.
(C) Under no circumstances shall the Mills River Town Council adopt such amendments,
supplements or changes that would cause this chapter to violate the watershed protection rules as
adopted by the N.C. Environmental Management Commission. All amendments must be filed with the
N.C. Division of Water Quality, N.C. Division of Environmental Health, and the N.C. Division of
Community Assistance.
(D) Before adopting or amending this chapter, the Mills River Town Council shall hold a public
hearing on the proposed changes. A notice of the public hearing shall be given once a week for 2
successive calendar weeks in a newspaper having general circulation in the area. The notice shall be
published for the first time not less than 10 nor more than 25 days before the date for the hearing.
(Ord. 2022-18, passed 12-8-2022)
§ 156.027 POWERS AND DUTIES OF THE WATERSHED REVIEW BOARD.
(A) Administrative review. The Watershed Review Board shall hear and decide appeals from any
decision or determination made by the Watershed Administrator in the enforcement of this chapter.
(B) Variances . The Watershed Review Board shall have the power to authorize, in specific cases,
minor variances from the terms of this chapter and the applicable sections of the Zoning Ordinance as
would not be contrary to the public interests where, owing to special conditions, a literal enforcement
of this chapter would result in practical difficulties or unnecessary hardship, so that the spirit of this
chapter shall be observed, public safety and welfare secured, and substantial justice done. In addition,
the Town of Mills River shall notify and allow a reasonable comment period for all other local
governments having jurisdiction in the designated watershed where the variance is being considered.
(C) Applications for a variance shall be made on the proper form obtainable from the Watershed
Administrator and shall include the following information:
(1) A site plan, drawn to a scale of at least 1 inch to 40 feet, indicating the property lines of the
parcel upon which the use is proposed; any existing or proposed structures drawn and indicate north
point, name and address of person who prepared the plan, date of the original drawing, and an
accurate record of any later revisions.
(2) A complete and detailed description of the proposed variance , together with any other
pertinent information which the applicant feels would be helpful to the Watershed Review Board in
considering the application.
(D) The Watershed Administrator shall notify in writing each local government having jurisdiction in
the watershed and the entity using the water supply for consumption. Such notice shall include a
description of the variance being requested. Local governments receiving notice of the variance
request may submit comments to the Watershed Administrator prior to a decision by the Watershed
Review Board. Such comments shall become a part of the record of proceedings of the Watershed
Review Board.
(E) Before the Watershed Review Board may grant a variance , it shall make the following 3
findings, which shall be recorded in the permanent record of the case, and shall include the factual
reasons on which they are based:

(1) There are practical difficulties or unnecessary hardships in the way of carrying out the strict
letter of this chapter. In order to determine that there are practical difficulties or unnecessary
hardships, the Watershed Review Board must find that the 5 following conditions exist:
(a) If the application complies with the provisions of this chapter and the applicant can secure
no reasonable return from, nor make reasonable use of, the property . Merely proving that the
variance would permit a greater profit to be made from the property will not be considered adequate to
justify the Watershed Review Board in granting a variance. Moreover, the Watershed Review Board
shall consider whether the variance is the minimum possible deviation from the terms of this chapter
that will make possible the reasonable use of the property .
(b) The hardship results from the application of this chapter to the property rather than from
other factors such as deed restrictions or other hardship.
(c) The hardship is due to the physical nature of the applicant's property , such as its size,
shape, or topography, which is different from that of neighboring property .
(d) The hardship is not the result of the actions of an applicant who knowingly or unknowingly
violates this chapter, or who purchases the property after the effective date of this chapter, and then
comes to the Watershed Review Board for relief.
(e) The hardship is peculiar to the applicant's property , rather than the result of conditions that
are widespread. If other properties are equally subject to the hardship created in the restriction, then
granting a variance would be a special privilege denied to others and would not promote equal justice.
(2) The variance is in harmony with the general purpose and intent of this chapter and preserves
its spirit.
(3) In the granting of the variance , the public safety and welfare have been assured and
substantial justice has been done. The Watershed Review Board shall not grant a variance if it finds
that doing so would in any respect impair the public health, safety, or general welfare.
(F) In granting the variance , the Watershed Review Board may attach thereto such conditions
regarding the location, character, and other features of the proposed building, structure , or use as it
may deem advisable in furtherance of the purpose of this chapter. If a variance for the construction,
alteration or use of property is granted, such construction, alteration or use shall be in accordance with
the approved site plan.
(G) The Watershed Review Board shall refuse to hear an appeal or an application for a variance
previously denied if it finds that there have been no substantial changes in conditions or
circumstances bearing on the appeal or application.
(H) A variance issued in accordance with this section shall be considered a watershed protection
permit and shall expire if a building permit or watershed occupancy permit for such use is not obtained
by the applicant within 12 months from the date of the decision.
(I) If the application calls for the granting of a major variance , and if the Watershed Review Board
decides in favor of granting the variance , the Watershed Review Board shall prepare a preliminary
record of the hearing with all deliberate speed. The preliminary record of the hearing shall include:
(1) The variance application;
(2) The hearing notices;
(3) The evidence presented;
(4) Motions, offers of proof, objections to evidence, and rulings on them;
(5) Proposed findings and exceptions; and

(6) The proposed decision, including all conditions proposed to be added to the permit.
(J) The preliminary record shall be sent to the Environmental Management Commission for its
review as follows:
(1) If the Commission concludes from the preliminary record that the variance qualifies as a
major variance and that (1) the property owner can secure no reasonable return from, nor make any
practical use of the property unless the proposed variance is granted, and (2) the variance , if granted,
will not result in a serious threat to the water supply, then the Commission shall approve the variance
as proposed or approve the proposed variance with conditions and stipulations. The Commission shall
prepare a Commission decision and send it to the Watershed Review Board. If the Commission
approves the variance as proposed, the Board shall prepare a final decision granting the proposed
variance . If the Commission approves the variance with conditions and stipulations, the Board shall
prepare a final decision, including such conditions and stipulations, granting the proposed variance .
(2) If the Commission concludes from the preliminary record that the variance qualifies as a
major variance and that (1) the property owner can secure a reasonable return from or make a
practical use of the property without the variance or (2) the variance , if granted, will result in a serious
threat to the water supply, then the Commission shall deny approval of the variance as proposed. The
Commission shall prepare a Commission decision and send it to the Watershed Review Board. The
Board shall prepare a final decision denying the variance as proposed.
(Ord. 2022-18, passed 12-8-2022)
§ 156.028 CRIMINAL PENALTIES.
Any person violating any provisions of this chapter shall be guilty of a misdemeanor and, upon
conviction, shall be punished in accordance with G.S. 14-4. The maximum fine for each offense shall
not exceed $500. Each day that the violation continues shall constitute a separate offense.
(Ord. 2022-18, passed 12-8-2022)
§ 156.029 REMEDIES.
(A) If any subdivision, development and/or land use is found to be in violation of this chapter, the
Mills River Town Council may, in addition to all other remedies available either in law or in equity,
institute a civil penalty in the amount of$50, action or proceedings to restrain, correct, or abate the
violation; to prevent occupancy of the building , structure , or land; or to prevent any illegal act,
conduct, business, or use in or about the premises. In addition, the N.C. Environmental Management
Commission may assess civil penalties in accordance with G.S. 143-215.6(a). Each day that the
violation continues shall constitute a separate offense.
(B) If any of the provisions of this chapter are being violated, the Watershed Administrator shall
notify in writing the person responsible for such violation, indicating the nature of the violation, and
ordering the action necessary to correct it. The Watershed Administrator shall order discontinuance of
the illegal use of land, buildings or structures ; removal of illegal buildings or structures , or of
additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or
shall take any action authorized by this chapter to ensure compliance with or to prevent violation of its
provisions. If a ruling of the Watershed Administrator is questioned, the aggrieved party or parties may
appeal such ruling to the Watershed Review Board.
(Ord. 2022-18, passed 12-8-2022)