Article III - Subdivision Regulations
Subpart F. Application, Enforcement and Legal Status Provisions
Designation of Agent
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.
Approval Prerequisite to Plat Recordation
Pursuant to NCGS §153A-331, 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.
Certification of Exemptions
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.
Plat Approval Required for Building Permit
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
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.
Limitation on Applications Pending
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.
Violations and Penalties
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.
Through 42-135. Reserved