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.
(c)
within a SFRCD
be built to meeting NCDOT standards.
(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
.
(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.
(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
.
(c) An increase in intensity of use.
(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)