42-238.6 Subdivisions within the Water Supply Watershed
Subdivisions of land within defined watershed areas shall require a plat to be prepared, approved and recorded pursuant to this Subpart B. No subdivision plat within a 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 Chapter and certified as being in compliance with the terms of this Subpart B by the Water Quality Administrator. 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 Subpart B. Subdivisions within a designated watershed area shall adhere to the following additional processes:
- Upon receipt of an application for the subdivision of property as set forth in Article III, such application shall be reviewed by the Water Quality Administrator to determine if such property lies wholly or in part within a water supply watershed area.
- If a parcel is determined to be in a watershed, the Water Quality Administrator shall determine if such application complies with the requirements of this Chapter and shall certify to such on any application forms, on preliminary development drawings and on any plat proposed for recordation. The certification shall state:
I certify that property shown on this plat is located in a watershed area classified _____________________. The plat shown here on complies with the Henderson County Water Supply Watershed Protection Requirements and is approved for recordation in the Register of Deeds office.
___________________________ __________________________
Water Quality Administrator Date
This certification shall constitute water supply watershed development approval and shall not operate so as to amend, repeal or replace any other approvals or certifications required on such plat by other applicable local, state or federal laws.
