For the purpose of this chapter, the terms have been defined as follows:
ADMINISTRATIVELY. Review and approval by , without formal action.
APPLICANT. The legal of the subject 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 , 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 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 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 and a . If the driveway is located entirely on the individual , it be exempt from all applicable standards. If, however, the driveway is located entirely or partially outside of the individual that it is intended to serve, then that portion which is located outside of the individual be treated as a , as that term is defined herein, and be subject to all applicable standards.
EASEMENT. A grant by the of of the use of a strip of land for a specified purpose by the public, a corporation or . Easements are typically granted (dedicated) for utility use and for ingress and egress such as a easement which is commonly referred to as RIGHT-OF-WAY.
FAMILY SUBDIVISION. The division of land into 2 or more parcels or for the purpose of conveying the resulting parcels or 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 be computed in accordance with G.S. § 104A-1.
FINAL PLAT. A plat representing a , parcel, or a of land showing the boundaries and location of individual , street rights-of-way and other information required by this chapter and North Carolina General Statutes. A final plat 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 or an agreed upon third party to assure that required improvements will be constructed or installed.
LOT. A portion of a 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 lines of a exclusive of property dedicated for or highway . Areas dedicated for street or driveway by easement are included in lot area calculations.
LOT, FLAG. An irregularly shaped where the buildable portion of the is connected to a by a narrow extension of the .
MAJOR SUBDIVISION. A proposed of land where 11 or more will result after the is complete.
MINOR SUBDIVISION. A proposed of land where not more than 10 or parcels will result after the is complete. One phase of a development cannot be considered a minor unless the entire development does not exceed 10 .
NONSTANDARD SUBDIVISION. The proposed of land for purposes other than individual residential development including:
(1) Facilities such as utility substation sites, meter vaults, pump station sites, sign , and the like;
(2) Special use permit requirements;
(3) Cemetery plots;
(4) Designated or common area sites; and
(5) Any other 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. and parking
lots
are not considered open space. (See also COMMON AREA.)
RECOMBINATION. The combining of previously subdivided and recorded or portions thereof where the total number of is not increased and the resulting meet the requirements of this chapter.
RECREATION AREA. See COMMON AREA.
REVIEW AGENCY. Any local, or federal government agency qualified to review and comment on development plans; the agencies 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 .
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 for vehicular and pedestrian traffic; be of any of the types and classifications:
(1) PUBLIC LOCAL RESIDENTIAL SUBDIVISION ROAD. Either , loop or that do not connect thoroughfares or serve major traffic generators (as defined by ).
(2) PUBLIC RESIDENTIAL COLLECTOR ROAD. A road which serves as the connecting between local residential and the thoroughfare system (as defined by ).
(3) PRIVATE RESIDENTIAL COLLECTOR ROAD. A road or a section of a road which provides direct or indirect access from the entrance of the inward to 25 or more existing or proposed residential 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 inward to 25 or more existing or proposed residential and/or dwelling units and is designed to be the main travel path for the residential access. In calculating residential density, dwelling units having access on the subject road and dwelling units on side which feed the subject residential collector road be counted. The terminus or LAST BLOCK of a residential collector road ending in a dead end be designed to the standards of a local residential 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, in the same ownership of the 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 , 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 which abuts less than 25 residential 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 , each containing or to contain no more than one (1) existing or proposed residential dwelling unit and its associated 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 , as that term is defined herein, that is not entirely contained on the individual that it is intended to serve be treated as a ROAD.
SECTION (PHASE). A grouping of three (3) or more , , 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 boundary or other line defined in this chapter that establishes the buildable area on the .
SEWAGE DISPOSAL SYSTEM. Any facilities for wastewater (sewage) collection, treatment and disposal. A SEWAGE DISPOSAL SYSTEM be the 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 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 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 - 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 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 delegate duties under this chapter to an individual(s) specifically designated as an Assistant Subdivision Administrator; however the Subdivision Administrator 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 .
TRACT. An area, site, parcel of land or which is the subject of a application. A TRACT of land contain one (1) or more smaller parcels or 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 be of the types:
(1) PRIVATE WELL WATER SUPPLY. Any water supply furnishing potable water to less than 15 residences or 25 .
(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 -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 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)