(A) All proposed subdivisions shall be reviewed by the 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 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 Administrator shall conduct a preliminary review of the subdivision’s preliminary plat, which plat shall be submitted at a scale of one inch equals 100 feet or larger. The Administrator shall either approve, approve conditionally or disapprove each application. The Watershed Administrator shall take final action on the preliminary plat within 45 days of submission of the application. The 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 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 Division of Environmental Management with regard to proposed sewer systems normally approved by the Division, engineered stormwater controls or stormwater management in general; and
(4) Any other agency or official designated by the Administrator or Watershed Review Board.
(C) If the Watershed Administrator approves the subdivision, such approval shall be indicated on two copies of the plat by the following certificate and signed by the Watershed Administrator:
Certificate of Approval for Recording
I certify that this plat complies with the Water Supply Watershed Chapter and is approved by the Watershed Review Board for recording in the Register of Deeds office.
Date______ Watershed Administrator___________________________
NOTICE: THIS PROPERTY IS LOCATED WITHIN A PUBLIC WATER SUPPLY WATERSHED-DEVELOPMENT RESTRICTIONS MAY APPLY.
(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 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 plat shall be recorded within 90 days of approval. The subdivider shall provide the Administrator with evidence the plat has been recorded with the Register of Deeds within five working days of recordation.
(Ord. passed 5-16-1994; Ord. passed 7-15-2002)