Subpart F. Application, Enforcement and Legal Status Provisions
The applicant for any subdivision review or approval procedure may submit, along with any initial application, an affidavit specifying an agent who may represent the owner in all matters.
Pursuant to NCGS §160D-801, and except where otherwise provided in this Chapter, no final plat of a subdivision within the jurisdiction of this Chapter shall be recorded by the Register of Deeds of Henderson County until it has been approved by the Subdivision Administrator, Technical Review Committee, or Planning Board as provided herein. The Register of Deeds shall not file or record a plat of the subdivision of land, any part of which is located within the jurisdiction of this Chapter that has not been approved in accordance with these provisions. In addition to meeting the requirements of this Chapter, subdivisions proposed within designated water supply watershed areas shall be subject to the provisions of the Water Supply Watershed Protection requirements of this Chapter, and the Water Quality Administrator or his designee shall certify on such plats that the subdivision complies with the provisions of the Water Supply Watershed Protection requirements of this Chapter.
Any plat of property exempted from the regulations of this Chapter shall be certified by the Subdivision Administrator or a professional land surveyor as exempt, prior to such plat being recorded. Such plat is not exempt from the other requirements set forth in this Chapter or any other local ordinances. Pursuant to NCGS §47-30 (f) 11 (Duty of the Surveyor), a professional land surveyor may certify that such plat represents an exception to the definition of subdivision and is not subject to the provisions of this Article III (Subdivision Regulations). Such plat may be recorded without being certified by the Subdivision Administrator. Any exemption from the regulations of this Chapter shall not be deemed an exemption from any other applicable ordinance. Any court-ordered subdivision should comply, to the maximum extent possible, with the provisions of this Chapter.
No building permit may be issued for any construction on any proposed lot shown on a development plan until a final plat has been approved and recorded, except that a building permit may be issued for one (1) structure on one (1) lot shown on any approved development plan prior to recordation of a final plat. The Building Services Department shall deny building permits for subdivision lots created in violation with the terms and conditions of this Chapter.
Where application for major or minor subdivisions is made with the intent that such divided property will be sold at land auction, the final plat shall clearly state the following: "The property herein is to be sold by auction. Any further subdivisions must meet applicable standards set forth in the Henderson County Land Development Code." In addition, restrictive covenants regarding road maintenance for any dedicated rights-of-way must be approved in advance by the appropriate reviewing agency and recorded prior to such auction.
Only one (1) application for a subdivision may be reviewed by any reviewing agency at any one (1) time on any of the original property boundaries. An application is only valid for up to one (1) year after its submission to the Planning Department. Applications submitted over one (1) year prior must be updated and resubmitted.
If an applicant of a phased minor or is in violation of any regulation in Article III (Subdivision Regulations) for the first phase of the subdivision then the applicant will not be allowed to continue developing future phases of the subdivision and any County issued permits may be revoked or suspended by the County. Upon verification by Henderson County Planning Staff that the subdivision no longer violates the provisions of Article III (Subdivision Regulations), subdivision approval and any suspended permits will become valid. The applicant may reapply pursuant to applicable provisions of the Land Development Code to have any revoked permits reinstated.
