(A) All proposed subdivisions shall be reviewed by the Zoning Administrator for conformance with this chapter prior to recording with the Register of Deeds 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 Zoning Administrator initials the plat. Subdivisions within the designated watershed area 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 chapter and all other state and local requirements that may apply.
(B) The Zoning Administrator shall conduct a preliminary review of the subdivision’s preliminary plat; which plat shall be submitted at a scale not to exceed one inch equals 200 feet. The Zoning Administrator shall submit recommendations to the Watershed Review Board for 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 which is deemed complete according to the checklist included in the appendix to this chapter shall be at the next regularly scheduled meeting of the Watershed Review Board after the application is submitted. The Watershed Review Board shall take final action on the preliminary plat within 45 days of its first consideration. The Zoning Administrator or the Board may provide public agencies an opportunity to review the proposed subdivision plat and make recommendations. However, failure of the agencies to submit their comments and recommendations shall not delay the Watershed Review Board’s action within the prescribed time limit. 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’s 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; and
(4) Any other agency or official designated by the Zoning Administrator or Watershed Review Board.
(C) If the Watershed Review Board approves the subdivision, such approval shall be indicated on two copies of the plat by a certificate and signed by the Chairperson or other authorized member of the Watershed Review Board.
(D) 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.
(E) All subdivision plats within the watershed boundaries as delineated on the watershed map shall comply with these requirements for recording of deeds.
(F) The subdivider shall provide the Zoning Administrator with evidence the plat has been recorded with the Register of Deeds within five working days of it being recorded.
(2005 Code, § 30-57) (Ord. passed 12-5-1994)