(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 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 initials the vicinity map. 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, unless another stormwater program applies. Local government should always be aware that other post construction requirements may apply even when water supply watershed protection requirements do not. Subdivisions within the designated watershed area shall comply with the provisions of this chapter 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, three copies of the plat, a description of the proposed method of providing storm water drainage, and supporting documentation deemed necessary by the Watershed Administrator or the Watershed Review Board.
(C) The Watershed Administrator shall review the completed application for both minor and major residential subdivisions. A major residential subdivision will require the submission of 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 regarding a major residential subdivision. A minor residential subdivision shall be reviewed by the Watershed Administrator, who shall either approve, approve conditionally or disapprove same as provided herein. The Watershed Administrator or the Watershed Review Board (as appropriate) shall take action within 45 days of submission of the application. The Watershed Administrator or the Watershed Review Board 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 Administrator’s or the Board's action within the prescribed time limit. Said public agencies may include, but are not limited to, the following:
(1) The NCDOT district highway engineer with regard to proposed streets and highways.
(2) The director of the Ashe County Health Department with regard to proposed private water system or sewer systems normally approved by the Health Department.
(3) The State Division of Water Resources with regard to proposed sewer systems normally approved by the Division.
(4) The State Division of Energy, Mineral and Land Resources with regard to engineered stormwater controls or stormwater management in general.
(5) The county for subdivisions located in Extraterritorial Jurisdiction (ETJ) of a municipality.
(6) Local government entities responsible for proposed sewer and/or water systems.
(7) Any other agency or official chosen by the Watershed Administrator or Watershed Review Board to provide comment.
(D) If the Watershed Administrator or the Watershed Review Board approves the application, such approval shall be indicated on all copies of the plat by the following certificate and signed by the Watershed Administrator:
“Certificate of Approval for Recording
I certify that the plat shown hereon complies with the watershed protection chapter and is approved by the Planning Board for recording in the Register of Deeds office.
Date Chairman, Planning Board
Notice: This property is located within a Public Water supply watershed - development restrictions may apply.”
(E) If the Watershed Administrator or the Watershed Review Board disapproves or approves conditionally the application, the reasons for such action shall be stated in writing to the applicant and entered in the minutes of the Watershed Review Board. The subdivider may make changes and submit a revised plan which shall constitute a separate request for the purpose of review.
(F) As a condition for approval, all subdivision plats shall comply with the requirements for recording of the County Register of Deeds.
(G) The plat shall be recorded within 30 days of approval. The subdivider shall provide the Watershed Administrator with evidence the plat has been recorded with the Register of Deeds within five working days after such recording.
(Ord. passed 10-16-23)