WSMU_MILL_WSWP Ordinance_20230712 (2)

§ 153.008 COMPLIANCE WITH OTHER PROVISIONS.
All proposed subdivisions of land, including all those defined in § 153.045, shall comply, where
applicable, with the requirements of the Zoning Ordinance of The Town of Mills River, the Natural
Resources Ordinance of the Town of Mills River, the Property Address Ordinance for Henderson
County and any other officially adopted plans, maps or ordinances approved by any governmental
body or agency having proper jurisdiction.
(Ord. passed 3-1-2004; Am. Ord. passed 10-13-2005; Am. Ord. 2022-03, passed 2-10-2022; Am. Ord.
2022-18, passed 12-8-2022)
§ 153.026 DEFINITIONS OF TERMS.
For the purpose of this chapter, the following terms have been defined as follows:
ADMINISTRATIVELY. Review and approval by staff , without formal Planning Board action.
APPLICANT. The legal owner of the subject tract upon whom final responsibility for ensuring
compliance with the terms and conditions of this chapter rests. For purposes of submission and review
of an application, an agent designated by the legal owner , in accordance with § 153.115, will also be
considered an applicant.
BOND. See IMPROVEMENT GUARANTEE.
BRIDGE. A structure carrying a pathway or roadway over a depression, obstacle or barrier.
COMMON AREA. Land or a combination of land and water resources within or related to a
development for active and/or passive recreation which is reserved for public or private use for the
enjoyment of the residents of the development and their guests and may include various man-made
features that accommodate such activities. Common areas are not considered lots for the purposes of
this chapter. (See also OPEN SPACE.)
CUL-DE-SAC. See ROAD.
DESIGNATED PUBLIC WATER SUPPLY WATERSHED. An area designated by the North
Carolina Environmental Management Commission, delineated on the official map entitled "Watershed
Protection Map of the Town of Mills River, North Carolina," and regulated by the Mills River Natural
Resources Ordinance and Mills River Zoning Ordinance.
DEVELOPABLE AREA. The portion of a tract of land where development is not hindered by severe
slopes, floodplains, unsuitable topography or similar obstructions to development.
DEVELOPER. See APPLICANT.
DRIVEWAY. A private passageway providing the principal means of direct vehicular entry and/or exit
between a dwelling unit on an individual lot and a road . If the driveway is located entirely on the
individual lot , it shall be exempt from all applicable road standards. If, however, the driveway is
located entirely or partially outside of the individual lot that it is intended to serve, then that portion
which is located outside of the individual lot shall be treated as a road , as that term is defined herein,
and shall be subject to all applicable road standards.
EASEMENT. A grant by the owner of property of the use of a strip of land for a specified purpose by
the public, a corporation or persons . Easements are typically granted (dedicated) for utility use and
for ingress and egress such as a road easement which is commonly referred to as RIGHT-OF-WAY.
FAMILY SUBDIVISION. The division of land into 2 or more parcels or lots for the purpose of
conveying the resulting parcels or lots to a grantee or grantees who are in any degree of lineal kinship
to the grantor, or to a grantee or grantees who are within 4 degrees of collateral kinship to the grantor,

the division to be referred to herein as a FAMILY SUBDIVISION. Degrees of kinship shall be
computed in accordance with G.S. § 104A-1.
FINAL PLAT. A plat representing a lot , parcel, subdivision or a tract of land showing the boundaries
and location of individual properties , street rights-of-way and other information required by this
chapter and North Carolina General Statutes. A final plat shall be prepared by a professional land
surveyor, currently licensed and registered in the State of North Carolina, in such a fashion as to be
suitable for recording by the Henderson County Register of Deeds and in accord with G.S. § 47-30.
IMPROVEMENT GUARANTEE. Cash, letters of credit, trust agreements, bonds or similar financial
instruments deposited with the Town or an agreed upon third party to assure that required
improvements will be constructed or installed.
LOT. A portion of a subdivision or any other parcel of land intended as a unit for transfer of
ownership or for residential or non-residential development, or both.
LOT AREA. The total area within the lot lines of a lot exclusive of property dedicated for street or
highway rights-of-way . Areas dedicated for street or driveway right-of-way by easement are included
in lot area calculations.
LOT, FLAG. An irregularly shaped lot where the buildable portion of the lot is connected to a road by
a narrow extension of the lot .
MAJOR SUBDIVISION. A proposed subdivision of land where 11 or more lots will result after the
subdivision is complete.
MINOR SUBDIVISION. A proposed subdivision of land where not more than 10 lots or parcels will
result after the subdivision is complete. One phase of a development cannot be considered a minor
subdivision unless the entire development does not exceed 10 lots .
NONSTANDARD SUBDIVISION. The proposed subdivision of land for purposes other than
individual residential lot development including:
(1) Facilities such as utility substation sites, meter vaults, pump station sites, sign lots , and the
like;
(2) Special use permit requirements;
(3) Cemetery plots;
(4) Designated open space or common area sites; and
(5) Any other subdivision of land which does not fall within a category herein designated.
PLANNING BOARD. The Town of Mills River Planning Board.
OPEN SPACE. Land that is generally left in its natural state and not developed. Roads and parking
lots are not considered open space. (See also COMMON AREA.)
RECOMBINATION. The combining of previously subdivided and recorded lots or portions thereof
where the total number of lots is not increased and the resulting lots meet the requirements of this
chapter.
RECREATION AREA. See COMMON AREA.
REVIEW AGENCY. Any local, state or federal government agency qualified to review and comment
on subdivision development plans; the agencies may include but not be limited to: the NCDOT,
Henderson County Permits and Inspection Department, Fire Marshal's Office, Health Department,
County Engineer, Mills River Zoning Board of Adjustment, Mills River Watershed Review Board and
Mills River Planning Board .

RIGHT-OF-WAY. A defined and dedicated area by way of permanent easement or public or private
ownership of land for the purposes of facilitating access among and between parcels of land. (See
also EASEMENT.)
ROAD. A dedicated public or private right-of-way for vehicular and pedestrian traffic; roads may be
of any of the following types and classifications:
(1) PUBLIC LOCAL RESIDENTIAL SUBDIVISION ROAD. Either culs-de-sac , loop roads or
roads that do not connect thoroughfares or serve major traffic generators (as defined by State Road
Standards ).
(2) PUBLIC RESIDENTIAL COLLECTOR ROAD. A road which serves as the connecting street
between local residential roads and the thoroughfare system (as defined by State Road Standards ).
(3) PRIVATE RESIDENTIAL COLLECTOR ROAD. A road or a section of a road which provides
direct or indirect access from the entrance of the subdivision inward to 25 or more existing or
proposed residential lots and/or dwelling units and is designed to be the main travel path for the
residential access. PRIVATE RESIDENTIAL COLLECTOR ROAD is a road or a section of a road
which:
(a) Provides direct or indirect access from the entrance of the subdivision inward to 25 or more
existing or proposed residential lots and/or dwelling units and is designed to be the main travel path
for the residential access. In calculating residential density, dwelling units having driveway access on
the subject road and dwelling units on side roads which feed the subject residential collector road shall
be counted. The terminus or LAST BLOCK of a residential collector road ending in a dead end may
be designed to the standards of a local residential subdivision road as long as the LAST BLOCK
serves fewer than 25 units.
(b) Is designed to serve, or has the potential to serve in a future phase, property in the same
ownership of the applicant that, if developed, will meet the 25 dwelling-unit standard.
(c) Connects proposed developments with existing developments where the aggregate sum of
dwelling units in both developments is 25 or more.
(d) Serves a nonresidential facility located within a residential development, such as a
frequently used recreation area , club house, golf course, public utility site, and the like. (NOTE: See
Table 1, "Collector" column.)
(4) PRIVATE LOCAL RESIDENTIAL SUBDIVISION ROAD. A road or group of roads which
abuts less than 25 residential lots or serves less than 25 existing or proposed residential dwelling units
and does not connect thoroughfares.
(5) PRIVATE LIMITED LOCAL RESIDENTIAL SUBDIVISION ROAD. A road which abuts no
more than three (3) residential lots , each containing or to contain no more than one (1) existing or
proposed residential dwelling unit and its associated driveway and which does not connect
thoroughfares.
(6) CUL-DE-SAC. A short road having only one (1) end open to traffic and the other end
permanently terminated with a vehicular turnaround provided.
(7) MAJOR STREET. A road whose average daily traffic (ADT) is greater than 4,000 vehicles per
day.
Note: Notwithstanding any of the foregoing in the definition of ROAD, a driveway , as that term is
defined herein, that is not entirely contained on the individual lot that it is intended to serve shall be
treated as a ROAD.
SECTION (PHASE). A grouping of three (3) or more lots , rights-of-way , common space and
associated improvements therein, in a development plan or plat, numbered consecutively and relating

to stages of a master plan.
SETBACK. The distance from an established property boundary or other line defined in this chapter
that establishes the buildable area on the lot .
SEWAGE DISPOSAL SYSTEM. Any facilities for wastewater (sewage) collection, treatment and
disposal. A SEWAGE DISPOSAL SYSTEM may be the following types:
(1) APPROVED PUBLIC OR COMMUNITY SEWAGE SYSTEM. A single system of sewage
collection, treatment and disposal owned and operated by a sanitary district, a metropolitan sewage
district, a water and sewer authority, a county or municipality or a public utility, constructed and
operated in compliance with applicable requirements of the North Carolina Division of Environmental
Management.
(2) MUNICIPAL SEWAGE DISPOSAL SYSTEM. An approved public or community sewage
system which is owned and operated by a county or municipality.
(3) SEPTIC TANK. A subsurface wastewater system consisting of a settling tank and subsurface
disposal field.
STAFF Employees of the Town of Mills River or Mills River Town Council designees.
STATE ROAD STANDARDS. Those standards contained in the most current NCDOT publication
Subdivision Roads - Minimum Construction Standards.
STREET. See ROAD.
SUBDIVISION. See MAJOR SUBDIVISION, MINOR SUBDIVISION, FAMILY SUBDIVISION and
NONSTANDARDS SUBDIVISION in this section. (See also § 153.025.)
SUBDIVISION ADMINISTRATOR. The official responsible for the overall administration of this
chapter. The individual shall be specifically designated as Subdivision Administrator(s) by the Mills
River Town Council. Unless other provisions of this chapter or any other applicable law, rule or
regulation expressly prohibits, the Subdivision Administrator may delegate duties under this chapter to
an individual(s) specifically designated as an Assistant Subdivision Administrator; however the
Subdivision Administrator shall remain responsible for the overall administration of this chapter.
TOWNHOUSE. Two or more single-family attached dwelling units within a larger parcel where the
land beneath each planned and existing unit, and any area immediately adjacent thereto, is separately
owned as lots and an undivided interest in the common elements of the development is vested in the
individual lot owners .
TRACT. An area, site, parcel of land or property which is the subject of a subdivision application. A
TRACT of land may contain one (1) or more smaller parcels or lots all in the same ownership or
control.
UNIQUE NATURAL AREA. An area that contains features sensitive to development and is listed in
the publication titled Natural Areas of Henderson County, a Preliminary Inventory of the Natural Areas
of Henderson County, North Carolina, by L.L. Gaddy, Ph.D., dated January 1994.
WATER SUPPLY SYSTEM. A system for the collection, treatment, storage and distribution of
potable water from the source of supply to the consumer. A water supply system may be of the
following types:
(1) PRIVATE WELL WATER SUPPLY. Any water supply furnishing potable water to less than 15
residences or 25 persons .
(2) PUBLIC WATER SYSTEM:

(a) A system for the provision to the public of piped water for human consumption which
services 15 or more service connections or which regularly serves 25 or more individuals. The term
includes any collection, treatment, storage or distribution facility under the control of the operator of
the system and used primarily in connection with the system and any collection or pretreatment
storage facility not under the control of the operator of the system which is used primarily in
connection with the system.
(b) A public water system is either a COMMUNITY WATER SYSTEM or a NONCOMMUNITY
WATER SYSTEM as follows:
1. COMMUNITY WATER SYSTEM means a public water system which serves 15 or more
service connections or which regularly serves at least 25 year -round residents.
2. NONCOMMUNITY WATER SYSTEM means a public water system which is not a
community water system.
(3) MUNICIPAL WATER SYSTEM. A public water system owned and operated by a local
government.
WATERSHED ADMINISTRATOR. An official or designated person responsible for the
administration and enforcement of the Natural Resources Ordinance for the Town of Mills River.
(Ord. passed 3-1-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00047, passed 8-23-2007; Am. Ord.
2021-06, passed 4-22-2021; Am. Ord. 2022-18, passed 12-8-2022)
§ 153.079 LOT DESIGNS.
(A) Lot dimensions. The lot area , width, depth, shape, orientation and building setback lines shall
be reasonable for the location of the subdivision and for the type of development and use
contemplated and shall be sufficient to accommodate proposed utilities. The minimum lot area , depth,
width and setbacks shall comply with the district requirements of the Town of Mills River Zoning
Ordinance and the requirements of the Mills River Natural Resources Ordinance, where applicable.
Lot area shall be calculated excluding road right-of-way .
(B) Special use lots and common areas . Special use lots that are not intended for sale and have
restricted use such as entrance sign lots , common area , recreation areas , water tank or pump
station sites, and the like, may be exempted for the purpose of calculating the number of lots in a
subdivision . Proposed structures on the lots must, however, meet any applicable zoning or watershed
requirements. The special use lots must be clearly identified for their designated use on the
development plan and the final plat .
(C) Future development. Development plans and master plans should be drawn to show all short-
term and long-term plans of the applicant , including the general location of roads , lots and other
features. It is expressly acknowledged that long-term plans are subject to change; however, to the
extent that an applicant has the long-term plans, they should be disclosed. Areas for which no future
phases are known or disclosed should be labeled as "future development" on the master plans and
development plans for major subdivisions . Subdivision of any "future development" areas on minor
subdivisions must meet § 153.046 of the Subdivision Ordinance. When any "future development"
areas of major subdivisions are to be subdivided, the development must comply with this chapter,
including review by Planning Board under § 153.049.
(D) Lot configuration and frontage. Where possible, side lot lines shall be at right angles or radial to
the streets on which the lots face. Flag lots or lots which only have a narrow strip of land fronting the
lot on a street may be approved by the Planning Board and/or the Subdivision Administrator (only for
minor subdivisions ) but only under unusual circumstances. The narrowest width of any lot abutting
the right-of-way will be 30 feet. The 30 foot width may be waived for family subdivisions pursuant to §
153.047. Double-fronted lots should be used only when necessary.

(Ord. passed 3-1-2004; Am. Ord. passed 10-13-2005; Am. Ord. 2022-18, passed 12-8-2022)
§ 153.117 APPROVAL PREREQUISITE TO PLAT RECORDATION.
Pursuant to G.S. § 160D-804, and except where otherwise provided in this chapter, no final plat of a
subdivision within the jurisdiction of this chapter shall be recorded by the Register of Deeds of
Henderson County until it has been approved by the Subdivision Administrator , the Mills River
Planning Board or as provided herein. The Register of Deeds shall not file or record a plat of the
subdivision of land, any part of which is located within the jurisdiction of this chapter that has not been
approved in accordance with these provisions. In addition to meeting the requirements of this chapter,
subdivisions proposed within designated watershed areas shall be subject to the provisions of the
Natural Resources Ordinance , and the Watershed Administrator or his or her designee shall certify on
the plats that the subdivision complies with the provisions of the Natural Resources Ordinance of Mills
River . Subdivisions proposed within zoned areas of Mills River shall be subject to the appropriate
zoning ordinance, and the Administrator of the ordinance shall certify that the subdivision complies
with the applicable zoning regulations.
(Ord. passed 3-1-2004; Am. Ord. passed 10-13-2005; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord.
2022-03, passed 2-10-2022; Am. Ord. 2022-18, passed 12-8-2022)
§ 153.118 CERTIFICATION OF EXEMPTIONS.
(A) Any plat of property exempted from the regulations of this chapter shall be certified by the
Subdivision Administrator and a professional land surveyor as exempt, prior to the plat being
recorded. The plat is not exempt from the Zoning Ordinance, Natural Resources Ordinance or any
other local ordinances. Pursuant to G.S. § 47-30(f)11 (Duty of the Surveyor), a professional land
surveyor may certify that the plat represents an exception to the definition of subdivision and is not
subject to the provisions of the Subdivision Ordinance. Any exemption from the regulations of this
chapter shall not be deemed an exemption from any other applicable ordinance.
(B) Any court-ordered subdivision should comply, to the maximum extent possible, with the
provisions of this chapter.
(Ord. passed 3-1-2004; Am. Ord. passed 10-13-2005; Am. Ord. 2022-03, passed 2-10-2022; Am. Ord.
2022-18, passed 12-8-2022)