(A) Purpose. The purpose of the Water Supply Watershed Protection Overlay District (the "Watershed Protection District") is to define the Water Supply Watershed Protection Areas within the Town of Mills River and regulate the use of land, average size and and intensity in order to maintain a high quality of surface water and limit the impact from existing or potential sources of contamination in the Public Water Supply Watershed as designated by the N.C. Environmental Management Commission.
(B) Establishment of areas. Water Supply Watershed Protection Areas ("Watershed Protection Areas") be defined and established on the map entitled, "Watershed Protection Map of the Town of Mills River, North Carolina" (the "Watershed Map"). The Watershed Map and all explanatory matter contained thereon accompanies and is hereby adopted as part of the Mills River Town Code. For purposes of this section, areas of the town be divided into the following areas as depicted on the Watershed Map and amendments thereto:
WS-I
WS-II-CA (Critical Area)
WS-II-BW (Balance of Watershed)
WS-III-CA (Critical Area)
WS-III-BW (Balance of Watershed)
WS-IV-CA (Critical Area)
WS-IV-PA (Protected Area)
(C) Application of regulations. No or land hereafter be used and no take place in the Watershed Protection District except in conformity with this section for the Watershed Protection Area in which it is located. The following exceptions be made in the application of the Watershed Protection District regulations.
(1) Expansions to
classified as existing
must meet the requirements of this section. However, the built-upon area of the existing
is not required to be included in
calculations.
(2) It is not intended that these regulations interfere with any easement, covenants or other agreements between parties. However, if the provisions of these regulations impose greater restrictions or higher standards for the use of a
or land, then the provisions of these regulations
control.
(3) If a nonconforming lot of record is not contiguous to any other
owned by the same party, then that lot of record shall not be subject to the
restrictions of this section if it is developed for single-family residential purposes.
(4) Any lot or parcel created as part of a family subdivision after the effective date of this section
be exempt from this section if it is developed for 1 single-family detached residence. Any lot or parcel created as part of any other type of subdivision that is exempt from the Subdivision Ordinance
be subject to the requirements of this section.
(5) Any lot created for a cemetery plot shall be exempt from this section.
(D) Watershed Protection Areas requirements.
(1) WS-I Watershed Protection Areas. The intent is to provide maximum protection for water supplies within natural and undeveloped watersheds in public ownership by allowing only low intensity uses. No residential or non-residential uses are allowed except those listed below. Impacts from non-point source pollution shall be minimized.
(a) Allowed uses.
1.
subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture, Conservation and Trade Act of 1990 and all rules and regulations of the Soil and Water Conservation Commission.
2. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1l.6101-.0209).
3. Water withdrawal, treatment and distribution facilities.
4. Restricted road access.
5. Power transmission lines.
(b)
and built-upon area limits do not apply.
(2) WS-II Watershed Protection Areas - Critical Area (WS-II-CA). In order to maintain a predominately undeveloped land use intensity pattern, single-family residential uses be allowed at a maximum of 1 per 80,000 square foot lot. All other residential and non-residential be allowed at a maximum 6% built-upon area. New residuals application sites and are specifically prohibited.
(a) Allowed uses.
1.
subject to the provisions of the Food Security Act of 1985 and the Food,
, Conservation and Trade Act of 1990 and the rules and regulations of the Soil and Water Conservation Commission.
2. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1l.6101-.0209).
3. Residential
.
4. Non-residential
, excluding
and sites for land application of residuals or petroleum contaminated soils.
(b) and built-upon limits.
1. No single-family residential lot
be less than 80,000 square feet excluding roadway right-of-way, except within an approved cluster
.
2. All other residential and non-residential
not exceed 6% built-upon area on a project by project basis. For the purpose of calculating built-upon area, total project area
include total acreage in the tract on which the project is to be developed.
(3) WS-II Watershed Areas - Balance of Watershed (WS-II-BW). In order to maintain predominantly undeveloped land use intensity, single family residential uses be allowed at a maximum of 1 per 40,000 square foot lot. All other residential and non-residential be allowed a maximum of 12% built-upon area. Non-discharging and residuals application sites are allowed.
(a) Allowed uses.
1.
, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990.
2. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1l.0101-.0209).
3. Residential
.
4. Non-residential
excluding discharging
.
(b) and built-upon limits.
1. No single-family residential lot
be less than 40,000 square feet excluding roadway right-of-way, except within an approved cluster
.
2. All other residential and non-residential
not exceed 12% built-upon area on a project by project basis. For the purpose calculating built-upon area, total project area
include total acreage in the tract on which the project is to be developed.
(4) WS-III Watershed Areas - Critical Area (WS-III-CA). In order to maintain low to moderate land use intensity, single family residential uses are allowed at a maximum of 1 per 40,000 square foot lot. All other residential and non-residential be allowed to at a maximum of 12% built-upon area. New residuals application sites and s are specifically prohibited.
(a) Allowed uses.
1.
, subject to the provisions of the Food Security Act of 1985 and the Food,
, Conservation and Trade Act of 1990 and the rules and regulations of the Soil and Water Conservation Commission.
2. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1l.0101-.0209).
3. Residential.
4. Non-residential
, excluding
and sites for land application of residuals or petroleum contaminated soils.
(b) and built-upon limits.
1. No single family residential lot
be less than 40,000 square feet excluding roadway right-of-way, except within an approved cluster
.
2. All other residential and non-residential
not exceed 12% built-upon area on a project by project basis. For the purpose of calculating built-upon area, the total project area
include total acreage in the tract on which the project is to be developed.
(5) WS-III Watershed Areas - Balance of Watershed (WS-III-BW). In order to maintain a low to moderate land use intensity, single-family detached uses
develop at a maximum of 1
per 20,000 square foot lot. All other residential and non-residential
be allowed at a maximum of 24% built-upon area. Non-discharging
and residuals application sites are allowed.
(a) Allowed uses.
1.
, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990.
2. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1l.0101-.0209).
3. Residential
.
4. Non-residential
excluding discharging
.
(b) and built-upon limits.
1. No single-family residential lot
be less than 20,000 square feet excluding roadway right-of-way, except within an approved cluster
.
2. All other residential and non-residential
not exceed 24% built-upon area on a project by project basis. For the purpose of calculating built-upon area, total project area
include total acreage in the tract on which the project is to be developed.
(6) WS-IV Watershed Areas - Critical Area (WS-IV-CA). Only new activities that require an erosion/sedimentation control plan under state law or approved local program are required to meet the provisions of this section when located in a WS-IV watershed. In order to address a moderate to high land use intensity pattern, single-family residential uses are allowed at a maximum of 1 per 20,000 square foot lot. All other residential and non-residential
be allowed at a maximum of 24% built-upon area. New residuals application sites and
are specifically prohibited.
(a) Allowed uses.
1.
subject to the provisions of the Food Security Act of 1985 and the Food,
, Conservation and Trade Act of 1990 and the rules and regulations of the Soil and Water Conservation Commission.
2. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1l.0101-.0209).
3. Residential.
4. Non-residential
, excluding
and sites for land application of residuals or petroleum contaminated soils.
(b) and built-upon limits.
1. No single-family residential lot
be less than 20,000 square feet excluding roadway right-of-way, except within an approved cluster
.
2. All other residential and non-residential
not exceed 24% built-upon area on a project by project basis. For the purpose of calculating the built-upon area, total project area
include total acreage in the tract on which the project is to be developed.
(7) WS-IV Watershed Areas - Protected Area (WS-IV-PA). Only new activities that require an erosion/sedimentation control plan under state law or approved local government program are required to meet the provisions of this section when located in a WS-IV watershed. In order to accommodate moderate to high land use intensity, single-family residential uses develop at a maximum of 1
per 20,000 square foot lot. All other residential and non-residential
be allowed at a maximum of 24% built-upon area. A maximum of 3
per acre (3 du/ac) or 36% built-upon area is allowed for projects without a curb and gutter
system.
(a) Uses allowed.
1.
, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990.
2. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1l.0101-.0209).
3. Residential
.
4. Non-residential
.
(b) and built-upon limits.
1. No single-family residential lot
be less than 20,000 square feet excluding roadway right-of-way, except within an approved cluster
.
2. All other residential and non-residential
not exceed 24% built-upon area on a project by project basis. For residential projects without a curb and gutter
system and with natural drainage and filtering design elements,
not exceed 36% built-upon area on a project by project basis. For the purpose of calculating built-upon area, total project area
include acreage in the tract on which the project is to be developed.
(E) The Watershed Administrator
approve high
proposals consistent with the following standards. High
meet the requirements of the Mills River Town Code.
(1) WS-II Watershed Areas - Critical Area (WS-II-CA). Where new exceeds either 1 per 2 acres or 6% built-upon area, engineered stormwater controls be used to control runoff from the first inch of rainfall and not exceed 24% built-upon area.
(2) WS-II Watershed Areas - Balance of Watershed (WS-II-BW). Where new exceeds either 1 per acre or 12% built-upon area, engineered stormwater controls be used to control runoff from the first inch of rainfall and not exceed 30% built-upon area.
(3) WS-III Watershed Areas - Critical Area (WS-III-CA). Where new exceeds either 1 per acre or 12% built-upon area, engineered stormwater controls be used to control runoff from the first inch of rainfall and development not exceed 30% built-upon area.
(4) WS-III Watershed Areas - Balance of Watershed (WS-III-BW). Where new exceeds either 2 per acre or 24% built-upon area, engineered stormwater controls be used to control runoff from the first inch of rainfall and not exceed 50% built-upon area.
(5) WS-IV Watershed Areas - Critical Area (WS-IV-CA). Where new exceeds either 2 per acre or 24% built-upon area, engineered stormwater controls be used to control runoff from the first inch of rainfall and not exceed 50% built-upon area.
(6) WS-IV Watershed Areas - Protected Area (WS-IV-PA). Where new requires a sedimentation/erosion control plan and exceeds either 2 per acre or 24% built-upon area or 3 per area or 36% built-upon area for projects without curb and gutter systems, engineered stormwater controls be used to control runoff from the first inch of rainfall and not exceed 70% built-upon area.
(F) Mixed-use . In cases where both residential and non-residential uses are proposed for 1 lot in single ownership, such mixed-use be permitted without further subdivision of the lot. However, each use must adhere to its respective /built-upon area requirements. For purposes of this section, home occupations shall, be considered as residential uses.
(G) Existing development. Existing as defined in this chapter, be continued and maintained subject to the provisions provided herein. Expansions to classified as existing must meet the requirements of this section. However, the built-upon area of the existing is not required to be included in the built-upon area calculations.
(1) Uses of land. This category consists of uses existing as of the effective date of this section where such use of the land is not permitted to be established hereafter in the watershed area in which it is located. Such uses be continued except as follows:
(a) When such use of land has been changed to an allowed use, it shall not thereafter revert to any prohibited use.
(b) Such use of land shall be changed only to an allowed use.
(c) When such use ceases for a period of at least 1 year, it shall not be reestablished.
(2) Reconstruction of or built-upon areas. Any existing or built-upon area not in conformance with the requirements of this section that has been damaged or removed be repaired and/or reconstructed, except that there are no restrictions on single family residential development, provided:
(a) Repair or reconstruction is initiated within 12 months and completed within 2 years of such damage.
(b) The total amount of space devoted to built-upon area
not be increased unless stormwater control measures that equal or exceed the previous
are provided.
(3) Existing vacant . Existing vacant are for which plats or deeds have been recorded as of May 23, 1994 in the office of the Register of Deeds of Henderson County. An existing be used for any of the uses allowed in the Watershed Protection Area in which it is located provided that where the size is less than the minimum specified in this section, the project requires the issuance of a permit or permits as required by the Mills River Town Code.
(H) requirements. All uses within Watershed Protection Areas be required to maintain a minimum 30 foot vegetated from perennial stream banks; provided, however, that where is approved as a high- , the setback from perennial streams be 100 feet. Perennial streams be identified as indicated on the most recent version of the USGS 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies. Where USGS topographical maps do not distinguish between perennial and intermittent streams, an on-site stream determination be performed by an individual qualified to perform such stream determinations. Water-dependent and public projects, such as road crossings and greenways, be allowed where no practical alternative exists. The activities minimize built-upon surface area and maximize the use of stormwater best management practices.
(I) Cluster development. Cluster is allowed in designated Watershed Protection Areas in accordance with § 154.080 of this chapter, and under the following conditions.
(1) Minimum
sizes are not applicable to single family cluster
projects; however, the total number of
not exceed the number of
allowed for single family detached
in § 303.
or built-upon area for the project
not exceed that allowed for the critical area, balance of watershed or protected area, whichever applies.
(2) All built-upon area shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas.
(3) Areas of concentrated
be located in upland area and away, to the maximum extent practicable, from surface waters and drainageways.
(4) The remainder of the tract
remain in a vegetated or natural state. The title to the open space area
be conveyed to an incorporated homeowners association for management; to a local government for preservation as a park or open space; or to a conservation organization for preservation in a permanent easement. Where a property association is not incorporated, a maintenance agreement
be filed with the property deeds.
(5) Cluster
that meet the applicable low
requirements shall transport stormwater runoff by vegetated conveyances to the maximum extent practicable.
(J) averaging. An applicant average on up to 2 noncontiguous for purposes of achieving compliance with the water supply watershed standards if all of the following circumstances exist:
(1) The
are within the same water supply watershed. If 1 of the
is located in the critical area of the watershed, the critical area
shall not be developed beyond the applicable
requirements for its classification.
(2) Overall project
meets applicable
or stormwater control requirements under 15A NCAC 2B.0200.
(3) Vegetated setbacks on both
meet the minimum statewide water supply watershed protection requirements.
(4) Built-upon areas are designed and located to minimize stormwater runoff impact to the receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas.
(5) Areas of concentrated
are located in upland areas and, to the maximum extent practicable, away from surface waters and drainageways.
(6) The
or portions of the
that are not being developed will remain in a vegetated or natural state and will be managed by a homeowners' association as common area, conveyed to a local government as a park or greenway, or placed under a permanent conservation or farmland preservation easement unless it can be demonstrated that the local government can ensure long-term compliance through deed restrictions and an electronic permitting mechanism. A metes and bounds description of the areas to remain vegetated and limits on use
be recorded on the subdivision plat, in homeowners' covenants, and on individual deed and
be irrevocable.
(7)
permitted under
averaging and meeting applicable low
requirements shall transport stormwater runoff by vegetated conveyances to the maximum extent practicable.
(8) A special use permit or other such permit or certificate
be obtained from the local Watershed Review Board or Board of Adjustment to ensure that both
considered together meet the standards of the Watershed Ordinance and that potential owners have record of how the watershed regulations were applied to the
.
(K) Calculation of project . The following requirements shall apply to the calculation of project :
(1) Project
shall be calculated as the total built-upon area divided by the total project area;
(2) A project with "existing development," as that term is defined in 15A NCAC 02B.0621,
use the calculation method in division (K)(1) or
calculate project
as the difference of total built-upon area minus existing built-upon area divided by the difference of total project area minus existing built-upon area.
(3) Expansions to existing
be subject to 15A NCAC 02B.0624 except as excluded in Rule 15A NCAC 02B.0622(1)(d).
(4) Where there is a net increase of built-upon area, only the area of net increase
be subject to 15A NCAC 02B.0624.
(5) Where existing
is being replaced with new built-upon area, and there is a net increase of built-upon area, only the area of net increase shall be subject to 15A NCAC 02B.0624;
(6) Total project area
l exclude the following:
(a) Areas below the Normal High Water Line (NHWL); and
(b) Areas defined as "coastal wetlands" pursuant to 15A NCAC 07H.0205.
(7) Projects under a common plan of development
be considered as a single project for purposes of
calculation except that on a case-by-case basis, local governments
allow projects to be considered to have both high and low
areas based on one or more of the following criteria:
(a) Natural drainage area boundaries;
(b) Variations in land use throughout the project; or
(c) Construction phasing.
(L) Low density projects. In addition to complying with the project density requirements of the Mills River Watershed Protection Ordinance, low density projects comply with the following:
(1) Vegetated conveyances. Stormwater runoff from the project be released to vegetated areas as dispersed flow or transported by vegetated conveyances to the maximum extent practicable. In determining whether this criteria has been met, the local government take into account site-specific factors such as topography and site layout as well as protection of water quality. Vegetated conveyances be maintained in perpetuity to ensure that they function as designed. Vegetated conveyances that meet the following criteria be deemed to satisfy the requirements of this division:
(a) Side slopes
be no steeper than 3:1 (horizontal to vertical) unless it is demonstrated to the local government that the soils and vegetation will remain stable in perpetuity based on engineering calculations and on-site soil investigation; and
(b) The conveyance shall be designed so that it does not erode during the peak flow from the 10-year storm event as demonstrated by engineering calculations.
(2) Curb outlet systems. In lieu of vegetated conveyances, low density projects have the option to use curb and gutter with outlets to convey stormwater to grassed swales or vegetated areas. Requirements for these curb outlet systems be as follows:
(a) The curb outlets shall be located such that the swale or vegetated area can carry the peak flow from the 10-year storm and at a non-erosive velocity;
(b) The longitudinal slope of the swale or vegetated area
not exceed 5% except where not practical due to physical constraints. In these cases, devices to slow the rate of runoff and encourage infiltration to reduce pollutant delivery
be provided;
(c) The swale's cross section shall be trapezoidal with a minimum bottom width of 2 feet;
(d) The side slopes of the swale or vegetated area shall be no steeper than 3:1 (horizontal to vertical);
(e) The minimum length of the swale or vegetated area shall be 100 feet; and
(f) Low
projects
use treatment swales designed in accordance with 15A NCAC 02H.1061 in lieu of the requirements specified in divisions (a) through (e) of this division (L)(2).
(M) High projects. In addition to complying with the project requirements of the Mills River Watershed Protection Ordinance, high projects comply with the following:
(1) Stormwater Control Measures (SCMs)
be designed, constructed, and maintained so that the project achieves either "runoff treatment" or "runoff volume match" as those terms are defined in 15A NCAC 02B.0621;
(2) For high
projects designed to achieve runoff treatment, the required storm depth
be 1 inch. Applicants
have the option to design projects to achieve runoff volume match in lieu of runoff treatment;
(3) Stormwater runoff from off-site areas and "existing
," as that term is defined in 15A NCAC 02B.0621,
not be required to be treated in the SCM. Runoff from off-site areas or existing
that is not bypassed
be included in sizing of on-site SCMs;
(4) SCMs shall meet the relevant MDC set forth in 15A NCAC 02H.1050 through .1062; and
(5) Stormwater outlets shall be designed so that they do not cause erosion downslope of the discharge point during the peak flow from the 10-year storm event as shown by engineering calculations.
(N) Options for implementing project . The Town of Mills River has the following options in addition to those enumerated in divisions (D) and (E) above, as appropriate.
(1) The Town of Mills River
allow only low
development in its water supply watershed areas in accordance with this section.
(2) The Town of Mills River
regulate low
single-family detached residential development using the minimum
size requirements,
per acre requirements, built-upon area percentages, or some combination of these.
(3) 10/70 option. Outside of WS-I watersheds and the critical areas of WS-II, WS-III, and WS-IV watersheds, the Town of Mills River regulate new development under the "10/70 option" in accordance with the following requirements:
(a) A maximum of 10% of the land area of a water supply watershed outside of the critical area and within the Town of Mills River's planning jurisdiction
be developed with new
projects and expansions of existing
of up to 70% built-upon area.
(b) In water supply watersheds classified on or before August 3, 1992, the beginning amount of acreage available under this option
be based on the Town of Mills River's jurisdiction as delineated on July 1, 1993. In water supply watersheds classified after August 3, 1992, the beginning amount of acreage available under this option
be based on the Town of Mills River's jurisdiction as delineated on the date the water supply watershed classification became effective. The acreage within the critical area
not be counted towards the allowable 10/70 option acreage;
(c) Projects that are covered under the 10/70 option shall comply with the low
requirements set forth in division (C) above unless the Town of Mills River allows high
development, in which case the town
require these projects to comply with high
requirements;
(d) The maximum built-upon area allowed on any given new development project shall be 70%;
(e) The Town of Mills River
transfer, in whole or in part, its right to the 10/70 land area to another local government within the same water supply watershed upon submittal of a joint resolution and approval by the Commission; and
(f) When the water supply watershed is composed of public lands, such as National Forest land, the Town of Mills River
count the public land acreage within the watershed outside of the critical area in calculating the acreage allowed under this provision.
(4) New
meet the
requirements on a project-by-project basis except the Town of Mills River
submit ordinances that use
or built-upon area criteria averaged throughout the Mills River watershed jurisdiction instead of on a project-by-project basis within the watershed. Prior to approval of the ordinance, the Town of Mills River
demonstrate to the Commission that the provisions as averaged meet or exceed the statewide minimum requirements and that a mechanism exists to ensure the planned distribution of
potential throughout the local government's jurisdiction within the watershed.
(5) The Town of Mills River
administer oversight of future
activities in single-family detached residential
that exceed the applicable low
requirements by tracking
rather than percentage built-upon area, as long as the SCM is sized to capture and treat runoff from 1) all pervious and built-upon surfaces shown on the
plan and 2) any off-site drainage from pervious and built-upon surfaces, and when an additional safety factor of 15% of built-upon area of the project site is figured in.
(Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-2006; Am. Ord. 2022-18, passed 12-8-2022)