Mills River City Zoning Code

SPECIAL PROVISIONS

§ 154.080 SINGLE-FAMILY RESIDENTIAL CLUSTER DEVELOPMENT.

A single-family residential cluster development (SFRCD) may be located in the MR-30, MR-MU, and MR-NC districts as a under a Major , subject to a finding by the Mills River Town Council on the advice and recommendation of the Town of Mills River Planning Board that certain conditions are met. The purpose of this section is to afford substantial advantages for greater flexibility and improved marketability through the benefits of efficiency which flexibility in lot size. Densities are calculated on a project basis, thus allowing the clustering of single-family residential homes in order to create efficient use of land resulting in land conservation.

(A) Land development standards. The land development standards apply for a single-family residential cluster development. Single-family residential cluster developments may be located in the MR-30 , MR-MU, and MR-NC districts as a , subject to a finding by the Mills River Town Council on the advice and recommendation of the Planning Board that certain conditions be met.

(1) Ownership control. The land in a single-family residential cluster development be under single ownership or management by the applicant before final approval and/or construction, or proper assurances (legal title or execution of a binding sales agreement) be provided that the development can be successfully completed by the applicant.

(2) requirements. The overall ( per acre) of any proposed SFRCD be one (1) per 40,000 square feet.

(a) The minimum lot size requirement for a detached single-family dwelling be no less than 20,000 square feet.

(b) , right-of-way, utility station sites, lakes, ponds and other impervious , such as club houses, swimming pools and tennis courts may not be included when calculating the total acreage available for a SFRCD.

(c) Open space within an SFRCD must be identified on the plat with the language: “Natural Area – Not Subject to Development”. The plat be recorded in the office of the Register of Deed of Henderson County. Open space within a SFRCD remain in a vegetated or natural site.

(3) Frontage requirements. Single-family residential cluster developments have the main entrance on a paved, public, -maintained road or highway with a minimum parcel frontage of 200 feet and a minimum parcel depth of 200 feet.

(4) Minimum size. The minimum area for a SFRCD be 1-1/2 contiguous acres.

(5) Residential uses. Only single-family detached homes be allowed in a SFRCD.

(6) Minimum requirements.

(a) The normal 30,000 square feet lot size, setbacks and frontage requirements are hereby waived for the SFRCD, provided that the spirit and intent of this section are complied with in the total development plan as determined by the . The exercise ultimate discretion as to whether the total development plan does comply with the spirit and intent of this section.

1. Height limitations. No or exceed 35 feet in height as measured from the highest ground elevation of the or to the highest point of the roof or facade whichever is greater.

2. Required distance between . The minimum distance between in a be as follows:

a. All located or situated end to end (shortest sides) and are less than 20 feet in height have a minimum of 20 feet between . When one (1) or both exceed 20 feet in height, the be increased an additional one (1) foot for every foot of increased height to a maximum of 30 feet.

b. All located or situated side to side or end to end (longest sides) and are less than 20 feet in height have a minimum of 30 feet between . When one (1) or more adjacent exceed 20 feet in height, the be increased an additional one (1) foot for every foot of increased height to a maximum of 40 feet .

(b) Publicly-owned and maintained water and sewer be required for a SFRCD.

(d) Every have direct access to an interior road and there be provision for adequate vehicular circulation to all development in order to insure acceptable levels of access for emergency vehicles.

(e) The location of , shown on the development plan, be so arranged as not to be detrimental to existing or other proposed or to the development of the .

(8) Perimeter requirements. If topographical or other barriers within 200 feet of the perimeter of the development do not provide reasonable privacy for existing uses adjacent to the development, the may impose any of the requirements:

(a) located on the perimeter of the development must be set back from lines and rights-of-way of abutting in accordance with the provision of this chapter controlling the district within which the is situated.

(b) The location of the on the perimeter of the development, as shown on the development plan, be so arranged as not to be detrimental to existing or to the adjacent .

(9) SFRCD in more than one (1) district. If the SFRCD lies in more than one (1) district, the number of allowable must 1 per 40,000 square feet.

(10) Plans and documentation. Plans and accompanying documentation to ensure that the water and sewer systems proposed for the SFRCD have been designed by a professional engineer, and have been approved by the appropriate local and agencies, be submitted as a part of the application.

(11) Paths and walkways. Any pedestrian and bicycle path circulation system and its related walkways be insulated as reasonably as possible in order to provide of pedestrian and motorized vehicular traffic.

(12) Areas. Layout of parking areas, service areas, entrance, exits, , courts and landscaping and control of signs, , noise or other potentially adverse influences be such as to protect the residential character within the SFRCD and the desirable character in any adjoining .

(B) Timing. If no development has occurred pursuant to the issuance of a 1 after the date of the for the SFRCD or upon the expiration of one 90 day extension of time for starting development granted by the , the become null and void and the procedures for application and review as outlined in this section be required for any development on the subject .

(C) Staged development (phasing). After general construction commences, the review at least once every 6 all issued and compare them to the overall development phasing program. If he or she determines that the rate of construction of residential units substantially differs from the approved phasing program, he or she so notify the developer, and the may issue the appropriate orders to the developer as it sees fit and, upon continued violation of this division, may order the to refuse any further until the project is in general accordance with the approved phasing program.

(D) Conveyance of open space, recreational areas and communally owned facilities.

(1) Common open space, recreational areas and communally owned facilities be guaranteed by a restrictive covenant describing the areas and facilities and their maintenance and improvement, running with the land for the benefit of residents of the SFRC development or adjoining or both.

(2) The applicant must submit to the the legal documents which will produce the aforesaid guaranties and, in particular, will provide for restricting the use of common areas and facilities for the designated purposes.

(E) Maintenance. SFRCDs be approved subject to the submission of an instrument or instruments setting forth a plan for permanent care and maintenance of permanent open spaces, recreational areas, , rights-of-way and communally owned facilities which would be legally enforceable. The developer create a homeowners' association and submit bylaws and rules and regulations governing the association. The developer be required to include in every deed he or she makes that membership be mandatory for each home buyer.

(1) The provisions include, but not be limited to, the :

(a) The homeowners' association must be set up before the homes are sold.

(b) The open space restrictions must be permanent not just for a period of .

(c) The association must be responsible for liability insurance, local taxes and the maintenance of recreational and other designated facilities.

(d) Homeowners must pay their pro rata share of the cost; the assessment levied by the association can become a lien on the .

(e) The association must be able to adjust the assessment to meet changed needs.

(2) No instrument be acceptable until approved by the Town Attorney as to legal form and effect and the as to suitability for the proposed uses.

(F) Procedures for application and review. An applicant desiring to develop a SFRC development adhere to the procedures:

(1) Pre-application conference. Prior to submission of an application for a to the , the applicant arrange a pre- application conference with the Planning Board and its staff.

(a) The applicant submit to the Planning Board a sketch development plan and a brief description of the proposed development strategy. The sketch plan and development strategy show and describe the layout of the SFRCD, depicting proposed areas and types of residential development, open spaces and recreation areas and .

(b) The pre-application conference is designed to inform the developer of the local government's regulations and policies concerning development alternatives and to inform the local government of the developer's intentions, enough to be able to give him or her some informal, non-binding feedback on the acceptability of his or her ideas. The greater the level of common understanding between the developer and the local government that can be achieved at the pre-application conference stage, the smoother the remaining steps of the review process will be.

(2) . Upon completion of the pre-application conference with the Planning Board, the applicant submit to the a application for a in accordance with § 154.180.

(3) plan. After the pre- application conference and upon submission of a application for a , the applicant submit a plan to the . A second copy of the plan be submitted to the Planning Board for review and recommendations. The not issue a until it has received recommendations from the Planning Board. If no action is taken by the Planning Board within 45 days of the meeting at which the Planning Board first considers the plan, it be deemed to have recommended approval of the plan, and the may proceed to act upon the application.

(4) The Planning Board review the plan for conformance with the land standards of this section, the sketch plan and strategy presented in the pre- application conference and the requirements of the plan which include the information and supporting documentation:

(a) documents.

1. A legal description of the total site proposed for development, including a statement of present and proposed ownership.

2. The zoning district or districts in which the project is located.

3. A general statement of objectives to be achieved by the SFRC development through the particular approach proposed by the applicant.

4. A development schedule indicating approximate beginning and completion dates of the development, including any proposed stages.

5. A statement of the applicant's intentions with regard to the future selling and/or leasing of all or portions of the SFRCD.

6. Quantitative data for the : proposed total number of , parcel sizes, gross and total amount of open space.

7. Plan for maintenance of common areas, recreation areas, open spaces, utilities, and/or vehicular circulation facilities.

(b) Site plan and supporting maps. A map or maps drawn to an appropriate scale, with the date of preparation and North point, include the information:

1. Existing site conditions, including contours, watercourses, identified flood hazard areas and any unique natural or man-made features.

2. Boundary lines of the proposed development, proposed lot lines and plot designs.

3. Proposed location and use of all existing and proposed .

4. Location and size of all areas to be conveyed, dedicated or reserved as common open space, parks, recreational areas, sites and similar public and semipublic uses.

5. The existing and proposed and/or vehicular circulation facilities, including off- parking areas, service areas, loading areas and major points of access to public rights-of-way, notations of proposed ownership of and/or vehicular circulation facilities (public or private); documentation from Henderson County Emergency Medical Services and the Mills River Fire Chief of the adequacy of the development's facilities for emergency medical and fire services.

6. Approximate location of proposed utility systems, including documentation approving the proposed water and sewer systems from the appropriate local and agencies. Water and sewer documentation must reflect the current development name and densities, be issued within the past 6 and state that the public entity intends to accept both flow and maintenance. Documentation of an approved sedimentation and erosion control plan also be submitted.

7. Location and/or notation of existing and proposed and rights-of-way.

8. The proposed treatment of the perimeter of the development, including materials and/or techniques, such as screens, fences and walls.

9. Information on adjacent land areas, including land use, zoning classifications, public facilities and any unique natural features.

(c) Additional information. Any additional information required by the Mills River Town Council in order to evaluate the impact of the proposed SFRC development. The may waive a particular requirement if, in its opinion, the inclusion is not essential to a proper decision on the project. The advice and recommendation of the Planning Board is 1 of an advisory capacity, and the has final authority on granting or denying a .

(5) The submit a copy of its decision on a specific SFRC development to the Planning Board.

(6) Amendments to the development plan. Minor changes in the location, siting or character of and may be authorized by the , if required by engineering or other circumstances not foreseen at the time the final development program was approved; provided, however, that no change authorized by the under this section may increase the size of any or by more than 10%, nor change the location of any or by more than 10 feet in any direction, nor make any changes beyond the minimum or maximum requirements set forth in this chapter. All other changes in the SFRCD, including changes listed below, not be made without re-submission of the SFRCD according to the procedures, in this section:

(a) A change in the use or character of the development.

(b) An increase in overall .

(d) Alteration of the traffic circulation system.

(e) A reduction in approved open space.

(f) A reduction of off- parking and loading space.

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. 10-13-2005; Am. Ord. 00038, passed 11-21-2006; Am. Ord. 00041, passed 4-26-2007; Am. Ord. 2021-06, passed 4-22-2021)

§ 154.081 PLANNED RESIDENTIAL DEVELOPMENT.

A planned residential development (PRD) may be located in the MR-30, MR-MU, and MR-NC district as a under a Major , subject to a finding by the Mills River Town Council on the advice and recommendation of the Town of Mills River Planning Board that certain conditions are met. The purpose of this section is to afford substantial advantages for greater flexibility and improved marketability through the benefits of efficiency which flexibility in lot siting, mixtures of housing types and land use. Densities are calculated on a project basis, thus allowing the clustering of residential uses in order to create useful open spaces and to preserve natural site features.

(A) Land development standards. The land development standards apply for all planned residential developments.

(1) Ownership control. The land in a planned residential development be under single ownership or management by the applicant before final approval and/or construction, or proper assurances (legal title or execution of a binding sales agreement) be provided that the development can be successfully completed by the applicant.

(2) requirements. The overall ( per acre) of any proposed planned residential development be one (1) per 40,000 square feet.

(a) The minimum lot size requirement for a detached single-family dwelling be no less than 20,000 square feet.

(b) , right-of-way, utility station sites, lakes, ponds and other impervious , may not be included when determining the total number of units available within a PRD.

(c) Planned residential development in more than one (1) zoning district. If the planned residential development lies in more than one (1) district, the allowable density shall be one (1) per 40,000 square feet.

(3) Frontage requirements. Planned residential developments have the main entrance on a paved, public, -maintained road or highway with a minimum parcel frontage of 200 feet and a minimum parcel depth of 200 feet. Minimum size. The minimum area for a PRD development be 1½ contiguous acres.

(4) Residential uses. The land uses normally permitted in the district within which a planned residential development is locates be permitted in the planned residential development with the modifications: Permitted types of include townhouses and garden apartments.

(5) Minimum requirements. The normal 30,000 square foot lot size, setbacks and frontage requirements are hereby waived for the planned residential development, provided that the spirit and intent of this section are complied with in the total development plan as determined by the . The exercise ultimate discretion as to whether the total development plan does comply with the spirit and intent of this section.

(a) Height limitations. No or exceed 35 feet in height as measured from the highest ground elevation of the or to the highest point of the roof or facade whichever is greater.

(b) Required distance between . The minimum distance between in a planned residential development be as follows:

1. All located or situated end to end (shortest sides) and are less than 20 feet in height have a minimum of 20 feet between . When one (1) or both exceed 20 feet in height, the be increased an additional one (1) foot for every foot of increased height to a maximum of 30 feet .

2. All located or situated side to side or end to end (longest sides) and are less than 20 feet in height have a minimum of 30 feet between . When one (1) or more adjacent exceed 20 feet in height, the be increased an additional one (1) foot for every foot of increased height to a maximum of 40 feet .

(c) Landscaping. The proposed development be designed as a single architectural scheme with appropriate common landscaping.

(d) Publicly-owned and maintained water and sewer be required for a PRD.

(e) within a planned residential development be built to meet NCDOT Standards.

(7) Privacy. Each development provide reasonable visual and acoustical privacy for all . Fences, insulation, walls, barriers, and landscaping be used as appropriate for the protection and aesthetic enhancement of and the privacy of its , of objectionable views or uses, and reduction of noise. Multi-family be located within a planned residential development in a way as to dissipate any adverse impact on adjoining low-rise and not invade the privacy of the of such low-rise .

(8) Perimeter requirements. A 10-foot evergreen planted be provided where ever the development adjoins the boundary or line of a residential use.

(a) If topographical or other barriers within 200 feet of the perimeter of the development do not provide reasonable privacy for existing uses adjacent to the development, the may impose any of the requirements:

(b) located on the perimeter of the development must be set back from lines and rights-of-way of abutting in accordance with the provision of this chapter controlling the district within which the is situated.

1. other than single-family detached units located on the perimeter of the development may require in a manner which is approved by the .

2. The location of the on the perimeter of the development, as shown on the development plan, be so arranged as not to be detrimental to existing or to the adjacent .

(9) Plans and accompanying documentation to ensure that the water and sewer systems proposed for the planned residential development have been designed by a professional engineer, and have been approved by the appropriate local and agencies, be submitted as a part of the application.

(10) Preliminary plans include parking provisions for all proposed uses within the planned residential development in accordance with § 154.105.

(11) Any pedestrian and bicycle path circulation system and its related walkways be insulated as reasonably as possible in order to provide of pedestrian and motorized vehicular traffic.

(12) Layout of parking areas, service areas, entrance, exits, , courts and landscaping and control of signs, , noise or other potentially adverse influences be such as to protect the residential character within the PRD and the desirable character in any adjoining .

(B) Timing. If no development has occurred pursuant to the issuance of a one (1) after the date of the permit for the PRD or upon the expiration of one 90-day extension of time for starting development granted by the , the become null and void and the procedures for application and review as outlined in this section be required for any development on the subject .

(C) Staged development (phasing). After general construction commences, the review at least once every 6 all issued and compare them to the overall development phasing program. If he or she determines that the rate of construction of residential units substantially differs from the approved phasing program, he or she so notify the developer, and the may issue such appropriate orders to the developer as it sees fit and, upon continued violation of this division, may order the to refuse any further until the project is in general accordance with the approved phasing program.

(D) Conveyance of open space, recreational areas and communally owned facilities.

(E) Maintenance. Planned residential developments be approved subject to the submission of an instrument or instruments setting forth a plan for permanent care and maintenance of permanent open spaces, recreational areas, , rights-of-way and communally owned facilities which would be legally enforceable. The developer create a homeowners' association and submit bylaws and rules and regulations governing the association. The developer be required to include in every deed he or she makes that membership be mandatory for each home buyer.

(1) The provisions include, but not be limited to, the :

(a) The homeowners' association must be set up before the homes are sold.

(b) The open space restrictions must be permanent not just for a period of .

(c) The association must be responsible for liability insurance, local taxes and the maintenance of recreational and other designated facilities.

(d) Homeowners must pay their pro rata share of the cost; the assessment levied by the association can become a lien on the .

(e) The association must be able to adjust the assessment to meet changed needs.

(2) No such instrument be acceptable until approved by the Town Attorney as to legal form and effect and the as to suitability for the proposed uses.

(F) Procedures for application and review. An applicant desiring to develop a planned residential development adhere to the procedures:

(1) Preapplication conference. Prior to submission of an application for a to the , the applicant arrange a preapplication conference with the Planning Board and its staff.

(a) The applicant submit to the Planning Board a sketch development plan and a brief description of the proposed development strategy. The sketch plan and development strategy show and describe the layout of the planned residential development, depicting proposed areas and types of residential development, open spaces and recreation areas and .

(b) The preapplication conference is designed to inform the developer of the local government's regulations and policies concerning development alternatives and to inform the local government of the developer's intentions, enough to be able to give him or her some informal, nonbinding feedback on the acceptability of his or her ideas. The greater the level of common understanding between the developer and the local government that can be achieved at the preapplication conference stage, the smoother the remaining steps of the review process will be.

(2) Major . Upon completion of the preapplication conference with the Planning Board, the applicant submit to the a application for a in accordance with § 154.180.

(3) Development plan. After the preapplication conference and upon submission of a application for a , the applicant submit a development plan to the . A second copy of the development plan be submitted to the Planning Board for review and recommendations. The not issue a until it has received recommendations from the Planning Board. If no action is taken by the Planning Board within 45 days of the meeting at which the Planning Board first considers the plan, it be deemed to have recommended approval of the plan, and the may proceed to act upon the application.

(4) The Planning Board review the plan for conformance with the land standards of this section, the sketch plan and strategy presented in the preapplication conference and the requirements of the plan which include the information and supporting documentation:

(a) documents.

1. A legal description of the total site proposed for development, including a statement of present and proposed ownership.

2. The zoning district or districts in which the project is located.

3. A general statement of objectives to be achieved by the planned residential development through the particular approach proposed by the applicant.

4. A development schedule indicating approximate beginning and completion dates of the development, including any proposed stages.

5. A statement of the applicant's intentions with regard to the future selling and/or leasing of all or portions of the planned residential development.

6. Quantitative data for the : proposed total number of , parcel sizes, gross and total amount of open space.

7. Plan for maintenance of common areas, recreation areas, open spaces, utilities, and/or vehicular circulation facilities.

(b) Site plan and supporting maps. A map or maps drawn to an appropriate scale, with the date of preparation and North point, include the information:

1. Existing site conditions, including contours at 5-foot vertical intervals, watercourses, identified flood hazard areas and any unique natural or man-made features.

2. Boundary lines of the proposed development, proposed lot lines and plot designs.

3. The locations, dimensions and arrangements of all open spaces and areas devoted to planting, lawns, trees or similar purposes, with a description including the height and of all trees or planting to be used for .

4. Proposed location and use of all existing .

5. The location, use, plan and dimension of each or to be constructed.

6. Location and size of all areas to be conveyed, dedicated or reserved as common open space, parks, recreational areas, sites and similar public and semipublic uses.

7. The existing and proposed and/or vehicular circulation facilities, including off- parking areas, service areas, loading areas and major points of access to public rights-of-way, notations of proposed ownership of and/or vehicular circulation facilities (public or private) and ; documentation from Henderson County Emergency Medical Services and the Mills River Fire Chief of the adequacy of the development's facilities for emergency medical and fire services.

8. Approximate location of proposed utility systems, including documentation approving the proposed water and sewer systems from the appropriate local and agencies. Water and sewer documentation must reflect the current development name and densities, be issued within the past 6 and state that the public entity intends to accept both flow and maintenance. Documentation of an approved sedimentation and erosion control plan also be submitted.

9. Location and/or notation of existing and proposed and rights-of-way.

10. Information on adjacent land areas, including land use, zoning classifications, public facilities and any unique natural features.

(c) Additional information. Any additional information required by the Mills River Town Council in order to evaluate the impact of the proposed PRD development. The may waive a particular requirement if, in its opinion, the inclusion is not essential to a proper decision on the project. The advice and recommendation of the Planning Board is one of an advisory capacity, and the has final authority on granting or denying a .

(5) The submit a copy of its decision on a specific planned residential development to the Planning Board.

(6) Amendments to the development plan. Minor changes in the location, siting or character of and may be authorized by the , if required by engineering or other circumstances not foreseen at the time the final development program was approved; provided, however, that no change authorized by the under this section may increase the size of any or by more than 10%, nor change the location of any or by more than 10 feet in any direction, nor make any changes beyond the minimum or maximum requirements set forth in this chapter. All other changes in the planned residential development, including changes listed below, not be made without resubmission of the planned residential development according to the procedures, in this section:

(a) A change in the use or character of the development.

(b) An increase in overall .

(d) Alteration of the traffic circulation system.

(e) A reduction in approved open space.

(f) A reduction of off- parking and loading space.

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. 10-13-2005; Am. Ord. 00038, passed 11-21-2006; Am. Ord. 00041, passed 4-26-2007; Am. Ord. 2021-06, passed 4-22-2021)

§ 154.082 MULTI-FAMILY DEVELOPMENT.

A multi-family be located in the MR-30, MR-MU, and MR-NC district as a conditional zoning district , subject to the final decision making authority of the Mills River Town Council, on the advice and recommendation of the Town of Mills River Planning Board, per the procedures identified in §§ 154.067, 154.196, and 154.197. The purpose of this section is to provide reasonable design standards for multi-family for greater design flexibility and accommodate housing for current and future residents of the . The exercise ultimate discretion as to whether the total plan does comply with the spirit and intent of this section.

(A) Land standards. The land standards apply for all multi-family . Single-family dwelling detached homes and duplexes on individual lots are exempt from this section.

(1) Ownership control. The land in a multi-family be under single ownership or management by the applicant before final approval and/or construction, or proper assurances (legal title or execution of a binding sales agreement) be provided that the can be successfully completed by the applicant.

(2) requirements. The maximum for multi-family ( per acre) be 4 units per acre.

(3) , right-of-way, utility station sites, lakes, ponds and other impervious , not be included when determining the total number of units available within a multi-family .

(4) Frontage requirements. Multi-family have the main entrance on a paved, public, -maintained road or highway with a minimum parcel frontage of 200 feet and a minimum parcel depth of 200 feet.

(5) Minimum size. The minimum area for a multi-family be 2 contiguous acres.

(6) Minimum requirements.

(a) The normal 30,000 square feet lot size, setbacks and frontage requirements are hereby waived for multi-family .

(b) Height limitations. No or exceed 35 feet in height as measured from the highest ground elevation of the or to the highest point of the roof or facade whichever is greater.

(d) Each be no more than 150 feet in length.

(e) Landscaping. The proposed be designed as a single architectural scheme with appropriate common landscaping. Landscaping meet the requirements of §§ 154.230 through 154.237.

(f) Publicly-owned and maintained water and sewer be required for a multi-family development.

(g) A minimum of 15% of the parcel must be common open space. Of the required open space, a minimum of 20% and a maximum of 50% is required to be active use open space.

(7) Multi-family considered in accordance with an overall plan include provisions for:

(a) Parking. Parking spaces be provided within the at a ratio of 1½ spaces for each unit. No parking space be closer than 10 feet to any residential wall.

(b) Area regulations. No be erected at a distance of less than 60 feet from the center line of any minor on which the development abuts, nor less than the required side or rear lot line setback of the adjacent district; however, in no instance the minimum side and rear lot line setback be less than 10 feet.

(c) Every have direct access to an interior road and there be provision for adequate vehicular circulation to all development in order to insure acceptable levels of access for emergency vehicles.

(d) The location of , shown on the plan, be so arranged as not to be detrimental to existing or other proposed or to the of the .

(e) All utilities conform to the requirements:

1. Water system. Adequate water volume and pressure for domestic use and be available to the proposed project. The water system be designed by a registered engineer and approved by the appropriate and local agencies.

2. Sewer system. The project have an approved waste water disposal system designed by a registered engineer, if applicable, and approved by the appropriate and local agencies.

3. Stormwater drainage. Stormwater runoff be collected, channeled or piped to discharge into natural drainageways in a manner which will not cause erosion or adverse effects to adjacent . The system be designed by a registered engineer or other competent professional. The design be for a 25-year storm and incorporate requirements of the erosion and sedimentation control plan, both temporary and permanent facilities.

(f) design and access. All within the multi-family conform to the North Carolina Department of Transportation standards for subdivision . The multi-family have at least one (1) primary entrance/exit onto a public roadway and one (1) emergency entrance/exit. A turning or deceleration lane be provided.

(g) Exterior . A multi-family provide an exterior system for adequate resident safety along access drives, service areas, pedestrian walks and recreation areas. The system be designed in keeping with the scale and architectural harmony of the project. Fixtures be cutoff, full cutoff, and/or shielded fixtures, and oriented to reduce glare within the project and onto adjacent . A plan and fixture specifications shall be submitted for review.

(h) identification. All be identified in a manner that will provide immediate recognition when viewed from the or access drive.

(8) Privacy. Each provide reasonable visual and acoustical privacy for all . Fences, insulation, walls, barriers, and landscaping be used as appropriate for the protection and aesthetic enhancement of and the privacy of its , of objectionable views or uses, and reduction of noise. Multi-family be located in a way as to dissipate any adverse impact on adjoining low-rise and not invade the privacy of the of such low-rise .

(a) Perimeter requirements. A 10-foot evergreen planted be provided where ever the adjoins the boundary or line of a residential use meeting the requirements of § 154.007.

(b) If topographical or other barriers within 200 feet of the perimeter of the do not provide reasonable privacy for existing uses adjacent to the , the impose any of the requirements:

1. located on the perimeter of the must be set back from lines and rights-of-way of abutting in accordance with the provision of this chapter controlling the district within which the is situated.

2. other than single-family detatched units located on the perimeter of the require in a manner which is approved by the .

3. The location of the on the perimeter of the , as shown on the plan, be so arranged as not to be detrimental to existing or to the adjacent .

(9) Plans and accompanying documentation to ensure that the water and sewer systems proposed for the multi-family have been designed by a professional engineer, and have been approved by the appropriate local and agencies, be submitted as a part of the application.

(10) Preliminary plans be include parking provisions for all proposed uses within the multi-family in accordance with § 154.105.

(11) Any pedestrian and bicycle path circulation system and its related walkways be insulated as reasonably as possible in order to provide of pedestrian and motorized vehicular traffic.

(B) Timing. Preliminary masterplans be considered and approved for a conditional zoning district, prior to the final masterplan approval. This allows the applicant an opportunity to request a conditional zoning district for a multifamily without fully engineered construction details and plans. Preliminary and final masterplan approvals are valid for 2 . The , for just cause, grant a single extension of the masterplan approval for a maximum of 1 additional . Conditional zoning review processes should adhere to § 154.197(D).

(C) Staged (phasing). After general construction commences, the review at least once every 6 all issued and compare them to the overall phasing program. If he or she determines that the rate of construction of residential units substantially differs from the approved phasing program, he or she so notify the developer, and the issue such appropriate orders to the developer as it sees fit and, upon continued violation of this division, order the to refuse any further until the project is in general accordance with the approved phasing program.

(D) Conveyance of open space, recreational areas and communally owned facilities.

(E) Maintenance. Multi-family be approved subject to the submission of an instrument or instruments setting forth a plan for permanent care and maintenance of permanent open spaces, recreational areas, , rights-of-way and communally owned facilities which would be legally enforceable. The developer create a homeowners' association and submit bylaws and rules and regulations governing the association. The developer be required to include in every deed he or she makes that membership be mandatory for each home buyer.

(1) The provisions include, but not be limited to, the :

(a) The homeowners' association must be set up before the homes are sold.

(b) The open space restrictions must be permanent not just for a period of .

(c) The association must be responsible for liability insurance, local taxes and the maintenance of recreational and other designated facilities.

(d) Homeowners must pay their pro rata share of the cost; the assessment levied by the association can become a lien on the .

(e) The association must be able to adjust the assessment to meet changed needs.

(2) No such instrument be acceptable until approved by the Town Attorney as to legal form and effect and the as to suitability for the proposed uses.

(F) Procedures for application and review. An applicant desiring to develop a mulit-family adhere to the procedures:

(1) Preapplication conference. Prior to submission of an application for a conditional zoning district to the , the applicant shall arrange a preapplication conference with the .

(a) The applicant submit to the a sketch plan and a brief description of the proposed strategy. The sketch plan and strategy show and describe the layout of the , depicting proposed areas and types of residential , open spaces and recreation areas and .

(b) The preapplication conference is designed to inform the developer of the local government’s regulations and policies concerning alternatives and to inform the local government of the developer’s intentions, enough to be able to give him or her some informal, nonbinding feedback on the acceptability of his or her ideas. The greater the level of common understanding between the developer and the local government that can be achieved at the preapplication conference stage, the smoother the remaining steps of the review process will be.

(2) Conditional zoning. Upon completion of the preapplication conference with the staff, the applicant submit to the a application for a conditional zoning district in accordance with § 154.197(B)(2).

(3) Preliminary or final masterplan. After the preapplication conference and with the submission of a application for a conditional zoning, the applicant also submit a preliminary final or masterplan. The not approve a conditional zoning district until it has received recommendations from the Planning Board. If no action is taken by the Planning Board within 30 days of the meeting at which the Planning Board first considers the masterplan, it be deemed to have recommended approval of the masterplan, and the proceed to act upon the application, except that if by mutual agreement between the Planning Board, the applicant, and 30 days is insufficient to review the request due to its size and/or complexity, the Planning Board have 60 days to complete the review and submit a recommendation to Council.

(4) The Planning Board review the masterplan for conformance with the land standards of this section, the sketch plan and strategy presented in the preapplication conference and the requirements of the plan which include the following information and supporting documentation:

(a) documents.

1. A legal description of the total site proposed for , including a statement of present and proposed ownership.

2. The zoning district or districts in which the project is located.

3. A general statement of objectives to be achieved by the multi-family through the particular approach proposed by the applicant.

4. A schedule indicating approximate beginning and completion dates of the , including any proposed stages.

5. A statement of the applicant’s intentions with regard to the future selling and/or leasing of all or portions of the multi-family .

6. Quantitative data for the : proposed total number of , parcel sizes, gross and total amount of open space.

7. Plan for maintenance of common areas, recreation areas, open spaces, utilities, and/or vehicular circulation facilities.

(b) Site plan and supporting maps. A map or maps drawn to an appropriate scale, with the date of preparation and north point, include the information:

1. Existing site conditions, including contours at 5-foot vertical intervals, watercourses, identified flood hazard areas and any unique natural or man-made features.

2. Boundary lines of the proposed , proposed lot lines and plot designs.

4. Proposed location and use of all existing .

5. The location, use, plan and dimension of each or to be constructed.

6. Location and size of all areas to be conveyed, dedicated or reserved as common open space, parks, recreational areas, sites and similar public and semipublic uses.

8. Approximate location of proposed utility systems, including documentation approving the proposed water and sewer systems from the appropriate local and agencies. Water and sewer documentation must reflect the current name and densities, be issued within the past 6 and state that the public entity intends to accept both flow and maintenance. Documentation of an approved sedimentation and erosion control plan also be submitted.

9. Location and/or notation of existing and proposed and rights-of-way.

10. Information on adjacent land areas, including land use, zoning classifications, public facilities and any unique natural features.

(c) Additional information. Any additional information required by the Mills River Town Council in order to evaluate the impact of the proposed multi-family . The waive a particular requirement if, in its opinion, the inclusion is not essential to a proper decision on the project. The advice and recommendation of the Planning Board is one of an advisory capacity, and the has final authority on granting or denying a conditional zoning district.

(5) Amendments to the masterplan. Minor changes in the location, siting or character of buildings and structures be authorized by the Town Manager or , if required by engineering or other circumstances not foreseen at the time the masterplan was approved; provided, however, that no change authorized by the under this section increase the size of any building or structure by more than 10%, nor change the location of any building or structure by more than 10 feet in any direction, nor make any changes beyond the minimum or maximum requirements set forth in this chapter. All other changes in the multi-family , including changes listed below, not be made without resubmission of themulti-family according to the procedures, in this section and § 154.197. Any minor modification of a masterplan follow the procedures of § 154.197(B)(2)(e).

(a) A change in the use or character of the .

(b) An increase in overall .

(d) Alteration of the traffic circulation system.

(e) A reduction in approved open space.

(f) A reduction of off- parking and loading space.

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. 10-13-2005; Am. Ord. 00038, passed 11-21-2006; Am. Ord. 00041, passed 4-26-2007; Am. Ord. 00083, passed 10-10-2013; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord. 2024-02, passed 2-22-2024)

§ 154.083 [RESERVED]

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. 10-13-2005; Am. Ord. 00038, passed 11-21-2006; Am. Ord. 00041, passed 4-26-2007)

§ 154.084 MEDICAL, INSTITUTIONAL CARE DEVELOPMENT.

A Medical, Institutional Care Development (MICD) may be located in the MR-30, MR-MU, and MR-NC Districts as a , subject to a finding by the Mills River , on the advice and recommendation of the Town of Mills River Planning Board, that certain conditions be met. The purpose of this section is to permit the establishment of certain medical and institutional care facilities within individual residential districts and to minimize any detrimental effects of the facilities on existing or future land uses.

(A) Land development standards. The land development standards apply for all medical, institutional care developments:

(1) Ownership control. The land in an MICD be under single ownership or management by the applicant before final approval and/or construction, or proper assurances (legal title or execution of a binding sales agreement) be provided that the development can be legally completed by the applicant.

(2) requirements. The proposed of the MICD be calculated using a combination of a persons per acre basis and a habitable per acre basis and conform to that permitted in the district in which the development is located as follows:

(a) The number of persons served by any proposed MICD be calculated using the criteria:

1. One person per health care bed.

2. One person per studio or efficiency unit.

3. One and a quarter persons per 1 bedroom unit.

4. One and a half persons per 2 bedroom unit.

5. Two persons per 3 bedroom unit.

(b) The maximum (persons per acre) for an MICD be 12.

(3) Frontage requirements. MICD be prohibited except on parcels of land having a minimum frontage of 200 feet on a paved, public, -maintained road or highway.

(4) Minimum size. The minimum lot area for an MICD be 10 contiguous acres. The required 10 acres not be divided by, nor include, any portion of an existing public or road right-of-way. Furthermore, no existing bodies of water qualify as a portion of the required minimum lot area.

(5) Types of usage allowed. The types of licensed medical and institutional care facilities are allowed within an MICD:

(a) Hospitals.

(b) Domiciliary homes for the aged and disabled.

(d) Nursing homes.

(e) Combination homes as defined by G.S. § 131E-101(1).

(f) Customary , including garages, storage and service utility .

(g) Recreational facilities intended exclusively for use by the residents and guests of the facility and which are an integral part of the development.

(h) Administrative offices and non- dwelling support services for the facility and accessory commercial uses, subject to the conditions:

1. All sales be for the use and convenience of the residents or guests of the facility.

2. All not occupy more than 15% of the total floor area of the facility, except that in no case the exceed 12,000 square feet. No individual permitted in this subsection occupy more than 5% of the total floor area of the facility, except that in no case any individual exceed a minimum of 4,000 square feet.

3. No external advertising or signs be allowed for any commercial activity permitted within or on any portion of the MICD.

(6) Design requirements.

(a) The normal minimum lot size, lot setbacks and lot frontage requirements of the respective district within which the MICD is located are hereby waived, provided that the spirit and intent of this section are complied with in the total development plan as determined by the . The exercise ultimate discretion as to whether the total development plan does comply with the spirit and intent of this section.

1. Setbacks. The developer establish minimum lot setbacks as applicable. Non- dwelling , or facilities, such as, but not limited to, covered informational areas and private security booths, may be allowed within an adequate proximity to any adjacent or road right-of-way within the MICD but be located no closer than 25 feet to any exterior line of the MICD.

2. Height limitations. No or containing or bed facilities exceed 35 feet in height from the highest ground elevation.

3. Required distance between . The minimum distance between in an MICD be as follows:

a. All located or situated end to end (shortest sides) and are less than 20 feet in height from the highest ground elevation have a minimum of 20 feet between . When one (1) or both exceed 20 feet in height from the highest ground elevation, the be increased an additional one (1) foot for every foot of increased height to a maximum of 30 feet .

b. All located or situated side to side, or side to end (longest sides) and are less than 20 feet in height from the highest ground elevation have a minimum of 30 feet between . When one (1) or more adjacent exceed 20 feet in height from the highest ground elevation, the building be increased an additional one (1) foot for every foot of increased height to a maximum of 40 feet.

c. The Planning Board may permit the minimum for single-level units to be reduced below the minimums stated above, provided that the construction of adjacent walls conforms with the North Carolina Building Codes, but in no case be closer than 15 feet. When the minimum is reduced, the area between remain open and unobstructed.

(b) Every have direct access to a paved, dedicated and walkways to other and areas dedicated for common or recreational use. Provision be made for access for emergency vehicles to all sides of or containing or bed facilities. All walkways be hard surface, all-weather materials. Any pedestrian and wheelchair circulation system be insulated as reasonably as possible to provide of pedestrian and motorized vehicular traffic.

(c) Handicap accessibility. All portions of the development conform to the minimum applicable federal, or local laws and regulations pertaining to handicap accessibility unless otherwise required in this section.

(d) The location of shown on the development plan be so arranged as not to be detrimental to existing or other proposed or to the character of the surrounding .

(7) Privacy. Each development provide reasonable visual and acoustical privacy for all units. Fences, insulation, walls, barriers and landscaping be used as appropriate for the protection and aesthetic enhancement of and the privacy of its , of objectionable views or uses and reduction of noise. Multilevel be located within a medical, institutional care development (MICD) in a way as to dissipate any adverse impact on adjoining low-rise and not invade the privacy of the of the low-rise .

(b) other than single-level units, located on the perimeter of the development, require in a manner which is approved by the .

(c) The location of the on the perimeter of the development, as shown on the development plan, be so arranged as not to be detrimental to existing or to the adjacent .

(d) compatible with the character of the development may be required to protect residents from dangerous conditions existing on or off site or to provide increased security for the residents of the facility.

(9) coverage. The total coverage area, including non-dwelling , or facilities, but excluding roads, parking or service areas and recreational facilities, not exceed 25% of the net lot area.

(10) Parking. All parking must meet the requirements of §§ 154.105 through 154.114.

(11) Utilities. All utilities conform to the requirements:

(a) Water system. Adequate water volume and pressure for domestic use and be available to the proposed project. The water system be designed by a registered engineer and approved by the appropriate and local agencies.

(b) Sewer system. The project have an approved waste disposal system designed by a registered engineer, if applicable, and approved by the appropriate and local agencies.

(c) Stormwater drainage. Stormwater runoff be collected, channeled or piped to discharge into natural drainageways in a manner which will not cause erosion or adverse effects to adjacent . The system be designed by a registered engineer or other competent professional. The design be for a 25-year storm and incorporate requirements of the erosion and sedimentation control plan, both temporary and permanent facilities.

(12) design and access. All within the MICD conform to the North Carolina Department of Transportation standards for subdivision . The MICD have at least one (1) primary entrance/exit onto a public roadway and one (1) emergency entrance/exit. A turning or deceleration lane be provided.

(13) Exterior . An MICD provide an exterior system for adequate resident safety along access drives, service areas, pedestrian walks and recreation areas. The system be designed in keeping with the scale and architectural harmony of the project. Fixtures be oriented, to the degree possible, to reduce glare within the project and onto adjacent .

(14) identification. All be identified in a manner that will provide immediate recognition when viewed from the or access drive.

(15) Landscaping and buffering. Within an MICD, a landscaping plan be considered a required element of the project. The landscaping must minimally meet the provisions of §§ 154.230 through 154.237.

(a) The landscaping plan require that all exposed soils be covered with a permanent cover. Landscaping or natural vegetation cover at least 20% of the net project area.

(b) Provisions for the permanent maintenance of all landscaping and screen planting areas and materials be provided.

(c) Where the deems necessary, a screen planting or other architectural features be provided to form a visual between the MICD and adjacent residential uses.

(16) Design. The development be designed in such a manner that the layout of parking areas, service areas, entrances, exits, , courts, landscaping, signage, , noise or other potentially adverse influences be such as to protect the medical residential character within the development and desirable character in any adjoining .

(B) Timing. If no development has occurred pursuant to the issuance of a 2 after the date of the for the MICD, or upon the expiration of one 90 day extension of time for starting development granted by the , the become null and void and the procedures for application and review as outlined in this section be required for any development on the subject .

(C) Staged development (phasing). After general construction commences, the review at least once every 6 all issued and compare them to the overall development phasing program. If he or she determines that the rate of construction of residential units or nonresidential substantially differs from the approved phasing program, he or she so notify the developer, and the may issue the appropriate orders to the developer as it sees fit and, upon continued violation of this subsection, may order the to refuse any further until the project is in general accordance with the approved phasing program.

(D) Open space required. A minimum of 20% of the total land area of the development be set aside as permanent commonly owned open space. The open space be exclusive of any required parking, rights-of-way and roads or service areas required for operation and maintenance of the MICD and be guaranteed as permanent in the site plan or other documents as may be required to be recorded.

(E) Maintenance. MICD be approved subject to the submission of an instrument or instruments setting forth a plan for permanent care and maintenance of permanent open spaces, recreational areas, and rights-of-way which would be legally enforceable. No such instrument be acceptable until approved by the Town Attorney as to legal form and effect and the as to suitability for the proposed uses.

(F) Procedures for application and review. An applicant desiring to develop an MICD adhere to the procedures:

(1) Pre-application conference. Prior to submission of an application for a to the , the applicant arrange a pre- application conference with the Planning Board and its staff.

(a) The applicant submit to the Planning Board a sketch development plan and a brief description of the proposed development strategy. The sketch plan and development strategy show and describe the layout of the MICD, depicting proposed areas and types of development, open spaces and .

(2) Application for a . Upon completion of the pre-application conference, the applicant submit to the a application for a Major in accordance with § 154.180. The applicant submit 11 copies of a preliminary development plan or final site plan and required documentation to the at least 30 days prior to the Planning Board's first scheduled consideration of the project.

(3) Planning Board review. The Planning Board review the preliminary development plan and final site plan for conformance with the provisions of this chapter and forward its recommendations to the . If no action is taken by the Planning Board within 45 days of the meeting at which the Planning Board first considers the development plan, it be deemed to have recommended approval of the development plan, and the may proceed to act upon the application.

(4) review. The not issue a until it has received recommendations from the Planning Board. The submit a copy of their decision on a specific MICD to the Planning Board and the applicant. The decision of the be to approve, disapprove or approve with conditions.

(5) Issuance of . The for the Town of Mills River or the Henderson County Building Inspector not issue a certificate of zoning compliance or any for any portion of the proposed project until the applicant is in compliance with the decision of the .

(6) Waiver of preliminary development plan. An applicant may choose to omit the preliminary development plan, provided that the project is to be completed in a single phase and all required documentation is provided and submitted in accordance with this section.

(G) Preliminary development plan requirements. Upon application for an MICD and the pre- application conference, an applicant submit a preliminary development plan for the entire MICD project, except where a waiver is permitted in accordance with division (F)(6) above. The preliminary development plan provide the information on the plan and include accompanying documentation:

(1) The proposed name of the development and the names of the developer, land , engineer, architect and landscape architect or other professionals.

(2) A site plan to a scale of not less than one (1) inch equals 50 feet, a North arrow, a vicinity map and date; topographic mapping with contour intervals of not more than 5 feet.

(3) A legal boundary description of the entire tract proposed for development, including a statement that the area shown on the preliminary site plan includes all the area and development currently under ownership, option or other consideration by the land or developer shown on this plan. The description include the location of all existing rights-of-way, , streams or waterways, adjacent uses, the names of adjacent and identified flood hazard areas.

(4) Project layout including the location of all existing and the proposed general location and allocation of , road locations, accessory and uses, setbacks, buffers and landscaping areas, natural areas, recreational facilities and areas and project phasing lines.

(5) Preliminary utility layouts with preliminary approval from the appropriate local or agencies; the location of all other utilities within or adjacent to the development site.

(6) Proposed typical site details for ; signage; walkways; and walls; landscaping; parking layout; cross section for roads, access roads and traffic volume; and any other pertinent site details. The site details be accompanied by a description of how services and improvements are to be provided.

(7) Preliminary information on the proposed plans with regard to the ownership and maintenance of common areas and facilities, open space, landscaping and , roads and utilities.

(8) Documentation from the Henderson County Emergency Medical Service and the Mills River Fire Chief of the adequacy of the project's facilities for emergency medical and fire services.

(9) Documentation of submission of a preliminary or overall erosion control plan to the appropriate agency.

(10) A designation and description of the proposed phasing plan for the project, including the approximate timing schedule and the type of guaranty of performance to be requested.

(11) Summary of project data, including:

(a) Total project area.

(b) Approximate net project area.

(d) Approximate percent of coverage.

(e) Approximate percent of open space.

(f) Approximate length of roads and designation as public or private.

(g) Type of units and conceptual plans and elevations for residential .

(12) documents. In addition to those indicated above:

(a) The zoning district or districts in which the project is located.

(b) A general statement of objectives to be achieved by the MICD through the particular approach proposed by the applicant.

(c) A statement of the applicant's intentions with regard to the future selling and/or leasing of all or portions of the MICD.

(13) Additional information. Any additional information required by the in order to evaluate the impact of the proposed MICD. The may waive a particular requirement if, in its opinion, the inclusion is not essential to a proper decision on the project. The advice and recommendations of the Planning Board is 1 of advisory capacity, and the has final authority on granting or denying a .

(H) Final site plan. Upon approval of the preliminary development plan by the , except as waived under division (F)(6), the developer submit a final site plan that contain the information:

(1) The proposed name of the development and the names of the developer, land , engineer, architect, designer, landscape architect or other professional.

(2) The site plan to a scale not less than one (1) inch equals 30 feet, a North arrow, a vicinity map and date; topographic mapping with contour intervals of not more than 2 feet indicating existing and proposed contours.

(3) A legal boundary description of the entire tract proposed for development, the location of all existing rights-of-way, , streams or waterways, adjacent uses and the names of adjacent . If the final plans are for a phase of the MICD, the specific phase of the project be shown.

(4) Project layout, including the location of all existing and, for each proposed principal and accessory and use, setbacks, roads, off- parking and loading layout. A typical cross section and public or private designation for all roads be submitted if not approved with a preliminary site plan.

(5) Basic floor plans, rendered elevations or perspectives.

(6) The landscaping and plans and the location of all walkways, recreational areas, fences and walls, and signage. If the proposed typical site details for these items were not approved with a preliminary site plan, the details be submitted with the final site plan.

(7) The location, , size and gradient of all sanitary and storm sewers and water mains. The location of all other utilities within or adjacent to the development site.

(8) Method of buffering or concealing service areas, retention and collection areas and mechanical equipment from public and residential areas.

(9) Method of collecting, channeling or piping to discharge stormwater into natural drainageways that will assure no damage to neighboring .

(10) Approval of water and sewage systems; plans from the appropriate agency if applicable.

(11) Approval of the soil erosion and sedimentation control plan by the appropriate agency.

(12) Submission of the proposed documents for the ownership and maintenance of all common areas and facilities, open space, landscaping and , roads and utilities.

(13) Submission of the proposed guaranty of performance provisions, including a list of all improvements to be covered by the guaranty agreement.

(14) Summary of project data, including:

(a) Total project area: area in proposed phase.

(b) Net project area in proposed phase.

(d) Percentage of coverage in proposed phase in relation to project total coverage.

(e) Percentage of coverage in proposed phase in relation to project total open space.

(f) Length of roads and public or private designation in the proposed phase.

(15) Additional information. Any additional information required by the in order to evaluate the impact of the proposed MICD. The may waive a particular requirement if in its opinion the inclusion is not essential to a proper decision on the project. The advice and recommendations of the Planning Board is one (1) of advisory capacity, and the has final authority on granting or denying a .

(I) Initiation of construction. No construction ground-disturbing activities be initiated until the preliminary or final site plans have been approved by the , a guaranty of performance has been approved and until all local utility approvals and an approved soil erosion and sedimentation control plan have been received.

(J) Guaranty of performance.

(1) In order to insure that the public improvements are completed properly within a period of time specified, the developer enter into a guaranty for completion with the . A performance guaranty be negotiated between the developer and the prior to the issuance of the by the .

(2) The guaranty of performance require that the developer complete the public improvements, including, but not limited to, roads, parking areas and rights-of-way; water and sewer facilities; drainage, erosion and sedimentation control facilities; and and landscaping. The specific improvements to be guaranteed are to be designated with submission of the final site plan. The guaranty be provided by a performance bond, letter of credit, certified check, cash escrow, cash payment or bond as approved by the . No certificate of occupancy may be issued until either the improvements are completed or adequate guaranties are approved.

(3) The guaranty of performance be in an amount equal to 125% of the cost of the improvements included in the final site plan. If the project is to be completed in phases, the guaranty of performance may be applied to each phase. The release of a guaranty of performance by the , in total or in part, based on the percentage of improvements completed, be made upon a certification from the that the improvements have been completed in accordance with the approved final site plan for a phase of the overall project or the entire project.

(K) Default. Upon default (meaning failure on the part of the developer to complete the required improvements as specified and within the time period specified in the guaranty) the developer , if requested by the , pay all or any portion as may be required of the guaranty to the Town of Mills River for the purpose of completing the specified improvements. Upon payment, the , at its discretion, may expend the portion of the funds as it deems necessary to have completed all or any portion of the required improvements. The town return to the institution any funds not spent in completing the improvements.

(L) Construction codes. The developer must comply with all applicable and local construction codes and requirements.

(M) Amendments to the development plan. Minor changes in the location, siting or character of and may be authorized by the , if required by engineering or other circumstances not foreseen at the time the final development program was approved; provided, however, that no change authorized by the under this section may increase the size of any or by more than 10%, nor change the location of any or by more than 10 feet in any direction, nor make any changes beyond the minimum or maximum requirements set forth in this chapter. All other changes in the MICD, including changes listed below, not be made without re-submission of the MICD according to the procedures in this section:

(1) A change in the use or character of the development.

(2) An increase in overall .

(3) An increase in intensity of use.

(4) Alteration of the traffic circulation system.

(5) A reduction in approved open space.

(6) A reduction of off- parking and loading space.

(7) Any change in ownership or control of all or a portion of the development.

(N) Failure to comply. Construction and/or use of the MICD be set forth in the plans, application and supporting documents approved by the . Construction and/or use differing from the approved plans and application, except as herein provided, be deemed a violation of this chapter and subject to penalties as provided in Administration and Enforcement .

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. 10-13-2005; Am. Ord. 00038, passed 11-21-2006; Am. Ord. 00041, passed 4-26-2007; Am. Ord. 2021-06, passed 4-22-2021)

§ 154.085 STRUCTURED ENVIRONMENT HOMES.

The development standards apply to Structured Home Environment Uses:

(A) Land development standards. The land development standards apply for a Structured Home Environment. Structured Home Environment Uses may be located in the MR-NC, MR-MU, and MR-GB and MR-LI districts as a , subject to a finding by the Mills River on the advice and recommendation of the Planning Board that certain conditions be met.

(1) Distance from a . The site for a Structured Home Environment must be at least one mile in linear distance from a .

(2) Maximum . A Structured Home Environment has a maximum of five residents.

(3) Minimum requirements.

(a) The lot size and dimensional requirements of the district in which the development is proposed apply.

(b) Publicly-owned and maintained water and sewer be required for a Structured Home Environment.

(c) The Structured Home Environment comply with parking, buffer and landscape requirements as listed in the for commercial uses.

(B) Application Process. Prior to submission of an application for a Major to the , the applicant arrange a pre-application conference with the Planning Board and its staff.

(1) The applicant submit to the Planning Board a sketch development plan for the proposed site. The sketch plan and development strategy show and describe the layout of the along with adequate parking and landscaping.

(2) The pre-application conference is designed to inform the developer of the local government’s regulations and policies concerning development alternatives and to inform the local government of the developer’s intentions, enough tobe able to give him or her some informal, non- binding feedback on the acceptability of his or her ideas. The greater the level of common understanding between the developer and the local government that can be achieved at the pre-application conference stage, the smoother the remaining steps of the review process will be.

(3) . Upon completion of the pre-application conference with the Planning Board, the applicant submit to the a application for a Major in accordance with § 154.180. The expire two from the date of issuance without substantial progress towards development ofthe site.

(4) Development plan. After the pre-application conference and upon submission of a application for a , the applicant submit a plan to the . A second copy of the plan be submitted to the Planning Board for review and recommendations. The not issue a until it has received recommendations from the Planning Board. If no action is taken by the Planning Board within 45 days of the meeting at which the Planning Board first considers the plan, it be deemed to have recommended approval of the plan, and the may proceed to act upon the application.

(5) The Planning Board review the plan for conformance with the land standards of this section, the sketch plan and strategy presented in the pre-application conference and the requirements of the plan which include the information and supporting documentation.

(6) documents.

(a) A legal description of the total site proposed for development, including a statement of present and proposed ownership.

(b) The zoning district or districts in which the project is located.

(d) Documentation showing that the development meets the requirements as outlined for Structured Home Environments.

(e) Site plan and supporting maps. A map or maps drawn to an appropriate scale, with the date of preparation and North point, include the information:

(f) Existing site conditions, including contours, watercourses, identified flood hazard areas and any unique natural or man-made features.

(g) Boundary lines of the proposed development, proposed lot lines and plot designs.

(h) Proposed location and use of all existing and proposed .

(i) Approximate location of proposed utility systems, including documentation approving the proposed water and sewer systems from the appropriate local and agencies. Water and sewer documentation must reflect the current development name and densities, be issued within the past 6 and state that the public entity intends to accept both flow and maintenance. Documentation of an approved sedimentation and erosion control plan also be submitted.

1. Location and/or notation of existing and proposed and rights-of-way.

2. The proposed treatment of the perimeter of the development, including materials and/or techniques, such as screens, fences and walls.

3. Information on adjacent land areas, including land use, zoning classifications, public facilities and any unique natural features.

(j) Additional information. Any additional information required by the Mills River Town Council in order to evaluate the impact of the proposed Structured Home Environment. The may waive a particular requirement if, in its opinion, the inclusion is not essential to a proper decision on the project. The advice and recommendation of the Planning Board is one (1) of an advisory capacity, and the has final authority on granting or denying a .

(7) The submit a copy of its decision on a specific Structured Home Environment to the Planning Board.

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. 10-13-2005; Am. Ord. 00038, passed 11-21-2006; Am. Ord. 00041, passed 4-26-2007; Am. Ord. 00055, passed 4-23-2009; Am. Ord. 2021-06, passed 4-22-2021)

§ 154.086 SITE STANDARDS FOR CERTAIN USES IN MR-MU DISTRICT: TINY HOME PARKS, PARK MODEL PARKS, AND RECREATIONAL VEHICLE PARKS.

A may be located in the MR-MU district as a under a Major , subject to a finding by the on the advice and recommendation of the Planning Board that certain conditions be met. The purpose of this section is to provide reasonable design standards for said for greater design flexibility. The exercise ultimate discretion as to whether the plan does comply with the spirit and intent of this section.

(A) Land development standards. The land standards apply for all .

(1) Ownership control. The land in a be under single ownership or management by the applicant before final approval and/or construction, or proper assurances (legal title or execution of a binding sales agreement) be provided that the development can be successfully completed by the applicant.

(2) requirements. The maximum for ( per acre) be 4 units per acre.

(3) Minimum size. The minimum parcel size for a be 5 contiguous acres.

(4) Setback requirements. adhere to the setbacks:

(a) Front setback: 75 feet from major thoroughfare, 60 feet from all other .

(b) Side and rear setback: 30 feet from parcel line.

(c) All , , , and any slip for a , , or , and that support the as a whole (such as a leasing office, recreational facilities, etc.) adhere to the setback requirements. Development infrastructure (such as roads, etc.) is allowed within the setback area.

(5) Leasing office. A leasing office is required in all , park model, and . The office should have regular business hours but also have 24 hour availability for emergencies.

(6) Lease time limits. Each , park model, or be limited to a maximum stay of 3 per calendar within an approved . The leasing office keep a record of each , park model, and that leases space in the and provide the with a record on a semi-annual basis. The leasing office only lease the space/slip for location of a , , or . Direct leasing of , , and is not allowed.

(7) Parking. A minimum of 2 parking spaces is required for each individual , park model, or lot.

(8) Landscape plan. Landscaping be designed as a single architectural scheme with appropriate common landscaping. In addition, a of no less than 20 feet is required around the entire perimeter of the . Landscaping meet the requirements of §§ 154.230 through 154.237.

(9) Commercial dumpsters. Dumpsters are required for every 20 lots/slips within the development and must be wildlife secure. Dumpsters be screened according requirements in § 154.115.

(10) Road standards. The minimum for a one-way road be 12 feet. The minimum for a two-way be 18 feet. Any cul-de-sacs or other turn arounds be sufficient to accommodate emergency vehicles.

(B) Prior to issuance of a , approval or receipt of review from other review agencies is required. Stormwater/erosion control, watershed, environmental health, water, sewer, NCDOT, and fire are common components of site plan review for a . Location of a proposed development will dictate which agencies require review of a development.

(Ord. 2018-03, passed 3-8-2018; Am. Ord. 2021-06, passed 4-22-2021)

§ 154.087 SITE STANDARDS FOR CERTAIN USES IN MR-MU DISTRICT AND OTHER DISTRICTS AS SPECIFICALLY REQUIRED.

(A) Introduction and purpose. The purpose of this section is to specify the minimum specific site standards and the general site standards stated in § 154.138 which will provide the flexibility to impose a higher level of specific site standards if necessary to mitigate the impact of certain uses which are permitted in the MR-MU District. These certain uses are subject to the finding that both the general site standards and the specific site standards listed in this section will be met. These site standards may apply to other use districts if specifically required therein.

(B) General site standards. The general site standards stated in § 154.138 must be met for all uses requiring a in the MR-MU District.

(C) Specific site standards. The specific site standards for each use requiring a in the MR-MU District are contained in § 154.138 and must be met.

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006; Am. Ord. 00041, passed 4-26-2007)

§ 154.088 APPLICATION REQUIREMENTS FOR CERTAIN USES IN MR-MU DISTRICT AND OTHER DISTRICTS AS SPECIFICALLY REQUIRED.

(A) The uses be required to comply with the Application requirements provided for in § 154.088(B) below:

(1) MR-MU District: those uses listed in § 154.088(E), Uses permitted with standards, .

(2) MR-MU District: those uses listed in § 154.088(G), , ; ; ; ; ; , and heavy industry.

(B) All applicants for those uses listed in § 154.088(A), above, provide the information by completing an application form (to be provided by the ) and providing supporting documentation as required:

(1) Name and address of applicant [all uses].

(2) fee as set forth by the Mills River Town Council on a fee schedule (all uses).

(3) Site plan prepared by an active North Carolina registered land surveyor, registered professional engineer or registered landscape architect and containing the information (All uses, except in the MR-MU District, and in the MR-MU District):

(a) Names, addresses and telephone numbers of the applicant and the .

(b) Plan scale, a North arrow and a vicinity map.

(d) Name, address, and seal of the person who prepared the site plan.

(e) Surveyed boundary lines of any parcel, or portion thereof, that will contain the proposed use, and surveyed point of highest elevation (finished grade) to the nearest foot. (The boundary lines be surveyed by an active North Carolina registered land surveyor).

(f) Proposed location, use and dimensions of all , and areas not within , devoted to . All the and areas be appropriately labeled, including a description of each sufficient to give the a reasonable understanding of each.

(g) Proposed location, use and dimensions of all , and areas not within , devoted to . All the and areas be appropriately labeled, including a description of each sufficient to give the a reasonable understanding of each.

(h) Proposed location(s), use and dimensions of the stated minimum buffer and the stated minimum setback.

(i) Existing site conditions, including watercourses, flood hazard areas, existing utilities and and rights-of-way.

(j) Proposed locations, dimensions and arrangement of all off- parking and loading areas.

(k) Proposed locations (including line and grade) of access road corridor(s), (s) and service road(s).

(l) Proposed location and description of facilities to be used for sewage disposal, water supply, stormwater drainage and any other utilities.

(4) Site plan containing the information ( and ):

(a) Names, addresses and telephone numbers of the applicant and the .

(b) Plan scale (if any used), a North arrow and a vicinity map.

(d) Name, address, of the person who prepared the site plan.

(e) Approximate boundary lines of the parcel or any portion thereof that will contain the proposed use, according to tax records, and the acreage.

(f) Stated minimum buffer and setback.

(g) Approximate location of the access road corridor, including approximate line and grade.

(h) Approximate location of any existing or .

(i) Approximate location of existing site conditions including existing watercourses.

(5) Map from the Henderson County Assessor's Office showing that the requirements and requirements for the proposed use, if any, will be met (all uses).

(6) Certification of the applicant stating that the requirements and the requirements, if any, have been met (all uses).

(7) Names, mailing addresses and tax parcel identification numbers for all adjacent to the proposed use (all uses except and in the MR-MU District).

(8) Schedule of proposed which be subject to approval by the (all uses except and in the MR-MU District).

(9) Estimated peak noise emission measured at the boundaries during (all uses except and in the MR-MU District).

(10) plan, which be subject to approval by the (all uses except and in the MR-MU District).

(11) plan (all uses except and in the MR-MU District).

(12) A detailed plan describing or showing the proposed method(s) of ( in the MR-MU District).

(13) A detailed plan describing or showing the proposed method(s) of .

(14) narrative which provides a description and details regarding the proposed use including, but not limited to:

(a) A description of the operations associated with the proposed use.

(b) Number of employees, if any.

(c) Maximum patron capacity for which application is being made. If approved, this be the maximum permitted patron capacity for the use.

(d) Types of material and equipment to be used on site.

(e) Whether operations will be indoors and/or outdoors, with specificity as to which operations will be located indoors and/or outdoors.

(f) A listing of the federal and which must be acquired for the proposed use.

(g) Type(s) and maximum quantity(ies) of units to be produced, extracted, disposed of, processed and/or stored as applicable for the proposed use. If approved, the type(s) and quantity(ies) requested be the maximum permitted type(s) and quantity(ies).

(h) Any other information necessary to fully convey the intended scope, intensity, capacity and/or size of the proposed use

(15) Identification of any and all extremely hazardous substances to be used, stored, handled, processed or manufactured and their proposed location(s) on the required site plan (All uses except and in the MR-MU District).

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006; Am. Ord. 00041, passed 4-26-2007; Am. Ord. 00066, passed 4-28-2011)

§ 154.089 SOLAR ENERGY GENERATION FACILITY SITE STANDARDS.

(A) Area devoted to may not exceed 15 acres per facility on any lot.

(B) be completely enclosed within:

(1) A woven wire fence; or

(2) A masonry wall; or

(3) A wooden fence that contains spacing no greater than 6 inches.

(4) The fences be at least 6 feet in height. Wire woven fences be vinyl-coated or painted with a dark green, brown or black color. Vinyl-coating or painting of razor-wire or barbed-wire portions of the fence is not required.

(C) A as defined in § 154.007(B) be planted to screen the site from all other . This may be along the lot line or surrounding the area designated for the .

(D) All new power transmission lines be underground and any electrical disconnection switches should be clearly marked and unobstructed.

(E) Wind and snow load must be certified upon application. All equipment and comply with the North Carolina State Building Code requirements for survival wind speeds and ground snow loads for . Although the North Carolina State Building Code may require load designs for only , all and equipment associated with this use meet those same wind and snow load requirements. Note that the requirements vary based on the elevation and location of the site. The require a certification from a structural engineer, licensed in North Carolina as a professional engineer, stating the designed wind and snow load standards for equipment and have been constructed according to the Building Code and will meet the :

(1) and will meet a minimum wind survival speed of 90 m.p.h.; and

(2) and will meet a minimum snow load of 15 lbs. per square foot.

(F) Should the facility stop being used or become unable to generate power, the decommission the facility by removing the from the within 180 days. After that time period, the town reserve the right to contract to have the equipment removed and lien against the until payment for the contract is received in full.

(Ord. 00080, passed 5-23-2013)