A. All proposed subdivisions shall be reviewed prior to recording in the Office of McDowell County Register of Deeds by submitting a vicinity map to the Watershed Administrator to determine whether or not the property is located within the designated Watershed protection. Subdivisions that are not within the designated watershed area shall not be subject to the provisions of this article and may be recorded provided the Watershed Administrator initials the vicinity map. In addition, subdivisions within a WS-IV watershed are subject to the provisions of this article 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 article 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, a digital copy of the proposed plat or two (2) print copies of the proposed plat and supporting documentation deemed necessary by the Watershed Administrator or the Watershed Review Board.
C. The Watershed Administrator shall review the completed application and shall either approve, approve conditionally or disapprove each application. The Watershed Administrator shall take final action within forty-five (45) days of submission of the application. The Watershed Administrator or the 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 action within the prescribed time limit. Said 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 Water Quality 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 or Watershed Review Board.
5. If the Watershed Administrator approves the application, such approval shall be indicated on both copies of the plat by applying the water supply watershed protection certificate and having the plat signed by the Watershed Administrator.
D. If the Watershed Administrator 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 applicant may make changes and submit a revised plan which shall constitute a separate request for the purpose of review.
E. All subdivision plats shall comply with the requirements for recording in the Office of McDowell County Register of Deeds.
F. The plat shall be recorded within thirty (30) days of approval. The Applicant shall provide the Watershed Administrator with evidence the plat has been recorded in the Office of McDowell County Register of Deeds within five (5) working days.
(Ord. No. O-21-06-15-5, §1, 6-15-21)