Loading...
Should any section or provision of this chapter be declared invalid or unconstitutional by any court of competent jurisdiction, the declaration shall not affect the validity of this chapter as a whole or any part thereof that is not specifically declared to be invalid or unconstitutional.
(Ord. 93-22, passed 6-24-93; Am. Ord. 21-26, passed 7-12-21)
SUBDIVISION REGULATIONS
(A) No subdivision plat of land within the Public Water Supply Watershed shall be filed or recorded by the Register of Deeds until it has been approved in accordance with the provisions of this subchapter. Likewise, the Clerk of Superior Court shall not order or direct the recording of a plat if the recording of such plat would be in conflict with this subchapter.
(B) The approval of a plat does not constitute or effect the acceptance by the city or the public of the dedication of any street or other ground, easement, right-of-way, public utility line, or other public facility shown on the plat and shall not be construed to do so unless otherwise provided for by city ordinance.
(C) All subdivisions shall conform with the mapping requirements contained in G.S. § 47-30.
(D) All subdivisions of land within the jurisdiction of the city after the effective date of this chapter shall require a plat to be prepared, approved, and recorded pursuant to this chapter.
(Ord. 93-22, passed 6-24-93; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-72, passed 11-21-22)
(A) All proposed subdivisions shall be reviewed prior to recording with the Register of Deeds by submitting a vicinity map to the Watershed Administrator to determine whether or not the property is located within the designated Public Water Supply Watershed. Subdivisions that are not within the designated watershed area shall not be subject to the provisions of this chapter and may be recorded provided the Watershed Administrator affixes his signature to a legend on the plat certifying the subdivision is not located within the watershed. In addition, subdivisions within a WS-IV watershed are subject to the provisions of this chapter only when an erosion and sedimentation plan is required under the provisions of state law, or approved local program. Subdivisions within the designated watershed area shall comply with the provisions of this subchapter and all other state and local requirements that may apply.
(B) Subdivision applications shall be filed with the Watershed Administrator. The application shall include a completed application form, two copies of the plat and supporting documentation deemed necessary by the Watershed Administrator (see Appendix A).
(C) The Watershed Administrator shall review the completed application and submit recommendations to the Watershed Review Board for further review and final action. The Watershed Review Board shall either approve, approve conditionally or disapprove each application by a majority vote of the members present and voting. First consideration of the application shall be at the next regularly scheduled meeting of the Board after the application is submitted. The Board shall take final action within 45 days of its first consideration. The Watershed Administrator may provide public agencies an opportunity to review and make recommendations. However, failure of the agencies to submit their comments and recommendations shall not delay the Board's action within the prescribed time limit. Those public agencies may include, but are not limited to, the following:
(1) The District Highway Engineer with regard to proposed streets and highways.
(2) The Director of the Health Department with regard to proposed private water system or sewer systems normally approved by the Health Department.
(3) The State Division of Environmental Management with regard to proposed sewer systems normally approved by the Division, engineered storm water controls or storm water management in general.
(4) Any other agency or official designated by the Watershed Administrator.
(D) If the Watershed Review Board approves the application, such approval shall be indicated on both copies of the plat by the following certificate and signed by the chairman or other authorized member of the Board:
Certificate of Approval for Recording
"I certify that the plat shown hereon complies with the Watershed Protection Chapter and is approved by the Watershed Review Board for recording in the Register of Deeds office.
_______________ _____________________________________
Date Chairman, Watershed Review Board
Date Chairman, Watershed Review Board
NOTICE: This property is located within a Public Water Supply Watershed - development restrictions may apply."
(E) If the Watershed Review Board disapproves or approves conditionally the application, the reasons for such action shall be stated in writing for the applicant and entered in the minutes. The subdivider may make changes and submit a revised plan which shall constitute a separate request for the purpose of review.
(F) All subdivision plats shall comply with the requirements for recording of the County Register of Deeds.
(G) The subdivider shall provide the Watershed Administrator with evidence the plat has been recorded with the Register of Deeds within five working days of its being recorded.
(Ord. 93-22, passed 6-24-93; Am. Ord. 21-26, passed 7-12-21)
(B) For the purpose of calculating built-upon area, total project area shall include total acreage in the tract on which the project is to be developed.
(C) Storm water drainage facilities. The application shall be accompanied by a description of the proposed method of providing storm water drainage. The subdivider shall provide a drainage system that diverts stormwater runoff away from surface waters and incorporates best management practices to minimize water quality impacts.
(D) Erosion and sedimentation control. The application shall, where required, be accompanied by a written statement that a Sedimentation and Erosion Control Plan has been submitted to and approved by the North Carolina Department of Environmental Health and Natural Resources, Land Quality Section.
(E) Roads constructed in critical areas and watershed buffer areas. Where possible, roads should be located outside of critical areas and watershed buffer areas. Roads constructed within these areas shall be designed and constructed so to minimize their impact on water quality.
(Ord. 93-22, passed 6-24-93; Am. Ord. 21-26, passed 7-12-21)
(A) No construction or installation of improvements shall commence in a proposed subdivision until a subdivision plat has been approved by the Watershed Review Board.
(B) No building or other permits shall be issued for erection of a structure on any lot not of record at the time of adoption of this chapter until all requirements of this chapter have been met. The subdivider, prior to commencing any work within the subdivision, shall make arrangements with the Watershed Administrator to provide for adequate inspection.
(Ord. 93-22, passed 6-24-93; Am. Ord. 21-26, passed 7-12-21) Penalty, see § 94.99
Loading...