66.2
Decisionmaking authority.
A.
Minor subdivisions.
1.
Decisions on minor subdivision plans shall be made by the Planning
Director.
2.
The Planning Director in his decision approving a preliminary plat
may also grant final plat approval if the preliminary plat is in substantial
conformance with all applicable requirements.
3.
The Planning Director may require that a minor subdivision be considered
by the Planning Commission in order to provide a public forum for
discussion of the subdivision plan. The Planning Commission shall
make a recommendation on the minor subdivision plan.
B.
Major and small-scale subdivisions.
67.1
Submission.
A.
Applications for subdivision approval, including sketch plans, preliminary plats, and final plats shall be submitted and reviewed for completeness in accordance with § 190-54, General application and review procedures, the application forms and checklists published by the Department of Planning and Zoning, and the requirements of this article.
B.
As determined by the Department of Planning and Zoning, applications
may be required to include electronic files of plans or documents
as well as printed copies.
67.3
Technical Advisory Committee (TAC).
A.
Purpose. The Technical Advisory Committee (TAC) provides a vehicle
for agencies to coordinate comments on plan applications, to jointly
review plans, and to resolve issues of conflict or common concern.
The TAC reviews plans for compliance with applicable local, state
and federal requirements.
C.
Agenda limits. The Planning Director shall limit the number of items
on the agenda of each TAC meeting and CRM.
D.
TAC meetings.
1.
Upon determining that a new or substantially amended subdivision
plan application is complete, the Planning Director shall schedule
the submission for the next available TAC meeting and transmit the
plan for review and comments to the agencies comprising the TAC and
other local, state and federal agencies that the Planning Director
deems appropriate.
2.
TAC meetings shall be open to the public, without public participation.
Interested persons may submit written comments on a plan to the Planning
Director prior to or within seven days after the TAC meeting.
3.
The agenda of TAC meetings shall be prominently displayed on the
Talbot County website on the Internet. In addition, public notice
of TAC meetings shall be provided as specified in this Article for
specific types of plans.
E.
Compliance review meetings (CRM). The CRM provides coordinated agency
review of final plats and revision plats to ensure that all conditions
and requirements have been addressed before plats are submitted for
signature approval and recorded in the Talbot County Land Records.
67.4
Community meeting.
A.
The Planning Director or Planning Commission may require that a community
meeting be held on a sketch or preliminary plan for a major or small-scale
subdivision after the preapplication meeting and prior to the Planning
Commission decision.
1.
The community meeting shall be held to assist the community in understanding
and providing comments on the plan, and to provide a forum to address
subdivision design issues of concern to the community.
2.
The community meeting shall be organized and held by the applicant
in a location and at a time convenient to community residents; and
open to all interested persons.
B.
The proceedings of the community meeting shall be summarized in a
report from the applicant to the Planning Director and presented at
the next Planning Commission public meeting on the subdivision plan.
67.5
Action by Planning Director.
A.
Following the TAC meeting, the Planning Director shall issue a notice
to proceed or a notice of noncompliance. The Department of Planning
and Zoning shall transmit to the applicant the notice and the comments
of the reviewing agencies.
B.
A notice to proceed shall be issued if the plan is approved or approved
with conditions:
C.
A notice of noncompliance shall be issued if the plan is not in substantial
compliance with applicable requirements.
67.6
Action by Planning Commission. The following procedures apply only
to subdivision plans for which Planning Commission approval is required
by this article.
A.
Scheduling. After the Planning Director issues a notice to proceed
following the TAC meeting, the plan shall be placed on the agenda
of the next available Planning Commission meeting for which the required
public notice can be provided.
B.
Public notice. The Planning Commission meeting for sketch plans,
preliminary plats, and final plats shall be advertised in accordance
with the following requirements:
1.
The meeting agenda shall be prominently displayed on the Talbot County
website on the Internet and published once in at least one newspaper
of general circulation in the County at least 15 days prior to the
meeting.
2.
The property shall be posted in accordance with § 190-54.5.B,
posting of property, except that one sign shall be posted on each
road frontage surrounding the proposed subdivision.
C.
Staff report. The application shall address the following elements,
which the Planning Director shall evaluate in a staff report to the
Planning Commission:
1.
Compliance with the Comprehensive Plan;
2.
Consistency with elements of Village Master Plan, as applicable;
3.
Compliance with design standards;
4.
Access and traffic circulation;
5.
Effect on surrounding development;
6.
Effect on community facilities;
7.
Impact on historic resources;
8.
Environmental resources: habitat protection, forestry, nontidal wetland,
floodplain and tributary stream management; and
9.
Available utilities.
D.
Planning Commission action.
1.
At its public meeting, the Planning Commission shall consider the
application, the staff report and any comments made by the applicant,
the applicant's agent, and citizens, and take action on the subdivision
plan.
2.
The Commission's actions may include approval, approval subject to
conditions, or disapproving the plan. The Planning Commission may
defer action to a subsequent Planning Commission meeting.
E.
Review notice.
1.
If the Planning Commission approves the plan or approves it subject
to conditions, the Planning Director shall issue a notice to proceed
authorizing the applicant to proceed to the next stage of subdivision
review.
2.
If the Planning Commission disapproves the plan, a notice of noncompliance
shall be issued.
67.7
Review by Historic Preservation Commission.
A.
The Planning Director or the Planning Commission may request subdivision
plan review by the Historic Preservation Commission prior to plan
approval, for either a sketch plan or a preliminary plan, if the property
being subdivided contains or is contiguous to a property containing
an historic resource identified in the Comprehensive Plan or the Maryland
Inventory of Historic Properties, or is within or contiguous to an
Historic Overlay District.
B.
The Historic Preservation Commission shall consider the subdivision
plan at a public meeting and may submit written comments to the Planning
Director addressing the impact of the subdivision on the historic
resource and, if applicable, means of mitigating potential adverse
impacts.
C.
The Planning Commission or Planning Director shall give consideration
to, but shall not be bound by, comments provided by the Historic Preservation
Commission.
67.8
Approval expiration for subdivisions.
A.
An approved subdivision plan shall be valid for 12 months from the
date that a notice to proceed is issued. An application for the next
stage of subdivision approval must be submitted within this period.
B.
Extension requests.
1.
The applicant may request an extension of time for an approved subdivision
plan. The request shall be submitted to the Planning Director, in
writing, prior to the expiration of the twelve-month period for which
the approval is valid.
2.
The Planning Director may grant a single, twelve-month extension
of an approved subdivision plan. Prior to granting an extension, the
Planning Director may seek the recommendation of the appropriate reviewing
authority or agencies.
C.
If a subdivision plan of any stage of approval expires, the subdivision
shall be treated as a new project requiring sketch plan submission.
67.9
Modifications to approved subdivision plans. At any stage in the
subdivision review process, the Planning Director shall require that
a subdivision plan repeat the previous stage of review if:
A.
Modifications to the plan include changes beyond those required as
conditions of approval by reviewing agencies or the Planning Commission;
and
B.
The Planning Director determines the modifications to be significant
enough to require additional review by reviewing agencies or the Planning
Commission.
68.1
Purpose. The purpose of the sketch plan is to indicate to the County
the intent and scope of the subdivision and to familiarize the applicant
with the County's planning goals and local, state and federal requirements
which may affect the subdivision. Approval of a sketch plan does not
imply certain approval of the subdivision, but is intended to enable
the applicant to determine the general feasibility of the plan prior
to incurring extensive costs for detailed surveying and engineering
work.
68.2
TAC review.
A.
All sketch plans shall be reviewed at a TAC meeting.
B.
For major and small-scale subdivisions, TAC meeting public notice
for the sketch plan shall be provided by posting the property and
mailing notices to adjacent property owners in accordance with § 190-54.5.B.
C.
Within 10 days following the TAC meeting, the Planning Director shall
transmit to the applicant the comments of the reviewing agencies and
either a notice to proceed or a notice of noncompliance.
D.
If the Planning Director issues a notice of noncompliance:
68.3
Approval of minor subdivision sketch plan by the Planning Director.
A.
Upon addressing the conditions within the notice to proceed for a
minor subdivision sketch plan, the applicant may submit an application
for preliminary plat approval.
B.
If the sketch plan submission for a minor subdivision is substantially
complete and correct, the Planning Director in the notice to proceed
may authorize submission of a combined preliminary/final plat to proceed
directly to the CRM.
68.4
Decision on major and small-scale subdivisions sketch plan by the
Planning Commission.
A.
Following the TAC meeting, when issuing a notice to proceed for a major or small-scale subdivision, the Department of Planning and Zoning shall schedule the sketch plan for the next available Planning Commission meeting. The Planning Commission shall hear and decide on the plan in accordance with § 190-67.6.
B.
If the Planning Commission approves the plan or approves it subject
to conditions, the Planning Director shall issue a notice to proceed
to the applicant. The notice to proceed shall include the Planning
Commission's decision and any conditions of approval.
C.
If the Planning Commission does not approve the plan:
1.
The Planning Director shall issue a written notice of noncompliance
to the applicant giving the reasons that the Planning Commission did
not approve the plan.
2.
The applicant may submit an amended sketch plan addressing the deficiencies
within nine months of the notice of noncompliance.
3.
The amended sketch plan shall complete the steps required for the
initial sketch plan submission.
4.
If an amended sketch plan is not submitted within nine months, a
new sketch plan application is required.
69.1
Purpose. The preliminary plat presents the detailed layout and design
for a proposed subdivision. The plat enables the County to determine
whether the proposed subdivision complies with the requirements of
this chapter and those of other reviewing agencies.
69.2
Plat specifications.
A.
The application and plat shall include all material required by the
application form and checklist published by the Planning Office. In
addition, the application shall comply with the following:
1.
The preliminary plat shall be prepared by a surveyor or other professional
person qualified by law and licensed in the State of Maryland to seal
and sign such plans, and shall be consistent with the plat requirements
of the Annotated Code of Maryland.
2.
The plat shall be at a convenient scale of not more than 100 feet
to the inch. The sheets shall be numbered in sequence, if more than
one sheet is used, and shall be 24 inches by 36 inches in size.
3.
Dimensions shall be in feet and decimal parts thereof, and bearings
in distance and degrees.
4.
The preliminary plat shall conform to the approved sketch plan and
address any required revisions, corrections or conditions of sketch
plan approval.
B.
As determined by the Planning Office, applications may be required
to include electronic files of plans or documents as well as printed
copies.
69.3
TAC review.
A.
Preliminary plats shall be reviewed at a TAC meeting in accordance with § 190-67.3, except that the Planning Director may authorize the preliminary plat for a minor subdivision to proceed directly to the final plat CRM stage.
B.
Within 10 days following the TAC meeting, the Planning Director shall
transmit to the applicant the comments of the reviewing agencies and
either a notice to proceed or a notice of noncompliance.
C.
If the Planning Director issues a notice of noncompliance:
1.
The applicant may submit an amended preliminary plat within nine
months from the date of the notice.
2.
The amended plan shall repeat the review process of the initial preliminary
plat submission.
3.
If an amended preliminary plat is not submitted within nine months,
a new sketch plan application is required.
69.4
Approval of minor subdivision preliminary plat by the Planning Director.
A.
Upon addressing conditions of the notice to proceed for a minor subdivision
preliminary plat, the applicant may submit a final plat to the TAC
for review.
B.
If the plat is in significant compliance with the requirements of
this chapter, the Planning Director in the notice to proceed for the
preliminary plat may authorize the final plat to proceed directly
to the final plat CRM stage.
69.5
Decision by the Planning Commission for major and small-scale subdivisions.
A.
Following the TAC meeting, upon issuing a notice to proceed for a major or small-scale subdivision, the Department of Planning and Zoning shall schedule the preliminary plat for the next available Planning Commission meeting. The Planning Commission shall hear and decide on the plat in accordance with § 190-67.6.
B.
If the Planning Commission approves the plat or approves it subject
to conditions, the Planning Director shall issue a notice to proceed
to the applicant giving the Planning Commission's decision and any
conditions of approval.
C.
If the Planning Commission does not approve the plat:
1.
The Planning Director shall issue a written notice of noncompliance
to the applicant giving the reasons that the Planning Commission did
not approve the plat.
2.
The applicant may submit an amended preliminary plat addressing the
deficiencies within nine months of the notice of noncompliance.
3.
The amended preliminary plat shall complete the steps required for
the initial preliminary plat submission.
4.
If an amended preliminary plat is not submitted within nine months,
a new sketch plan application is required.
70.1
Purpose. A final plat establishes the exact boundaries and dimensions
of lots, road rights-of-way, easements, and other designations of
land within a subdivision. The final plat also provides documentation
ensuring that a subdivision complies with applicable requirements
of local, state and federal regulations. The final plat becomes the
official record of the division of land.
70.2
Submission requirements. The application and plat shall include all
material required by the application form and checklist published
by the Planning Office. In addition, the application shall comply
with the following:
A.
The final plat shall conform to the approved preliminary plat and
address any required revisions or corrections.
B.
The final plat shall also include:
1.
All revision dates.
2.
Notation of any building restriction lines or other restrictions
proposed for the subdivision that is more restrictive than the requirements
of this chapter.
3.
Spaces for endorsement of the County Health Officer, County Engineer,
and Planning Director or Planning Commission as applicable.
4.
For new lots or parcels, right-to-farm covenants placed in property
deeds and noted on the plat.
5.
All monuments erected, corners, and other points established in the
field in their proper places. The material of which monuments, corners,
or other points are made shall be noted at the representation thereof
or by legend.
6.
Signature and seal of the registered surveyor or other professional
person qualified by law and licensed in the State of Maryland to seal
and sign such plans.
7.
A statement that the applicant is the owner of the subdivision shown
on the final plat and that it is made with his or their consent and
that it is desired to record the same. The statement must be signed
by all owners and notarized. If the owner of the land is a corporation,
partnership or group, the name and title or positions of persons signing
the plat shall appear.
C.
The following additional plans and documents shall be submitted:
1.
A title search prepared by a qualified professional, as determined
by the Planning Director, for all major, small-scale and minor subdivisions
as required by the Planning Director based on review of the deeds
for the property.
2.
If the title search indicates that any of the land being subdivided
is subject to historic, conservation or similar easements: copies
of the easements and the boundaries of the land subject to the easements.
3.
Evidence of approval of construction plans for all proposed subdivision
improvements, including, but not limited to, roads, stormwater management,
and sediment and erosion control.
4.
Finalized, ready for approval, public works agreements or developer
agreements.
5.
Final copy of any private covenants for the subdivision.
6.
Evidence of special exception approval for riparian subdivisions
to be served by a community pier.
7.
Finalized, ready for approval, reservation of development rights
agreements.
8.
Evidence of approval for any permits or plans required by other County,
state or federal regulations, if applicable.
9.
Written assurance that every person identified in the deeds and title
search as having an interest in the property has been notified of
the proposed subdivision.
D.
As determined by the Planning Office, applications may be required
to include electronic files of plans or documents as well as printed
copies.
70.3
TAC review.
A.
Final plats shall be reviewed at a TAC meeting in accordance with § 190-67.3 unless the Planning Director authorizes the final plat to go directly to the CRM stage.
B.
Within 10 days following the TAC meeting, the Planning Director shall
transmit to the applicant the comments of the reviewing agencies and
either a notice to proceed or a notice of noncompliance.
C.
If the Planning Director issues a notice of noncompliance:
70.4
Decision by Planning Director for minor subdivision final plats.
Upon issuance by the Planning Director of a notice to proceed for
a minor subdivision final plat, the Department of Planning and Zoning
shall schedule the plat for review at the next available CRM.
70.5
Decision by the Planning Commission for major and small-scale subdivision
final plats.
A.
Planning Commission approval of the final plat for a major or small-scale subdivision is required as provided in § 190-67.6, unless the Planning Commission approved the final plat in its approval of the preliminary plat.
B.
Upon issuance of a notice to proceed following the TAC meeting, the
Department of Planning and Zoning shall schedule the final plat for
the next available Planning Commission meeting.
C.
If the Planning Commission approves the final plat or approves it
subject to conditions, the Planning Director shall schedule the plat
for review at the next available TAC meeting or CRM. The Planning
Director shall determine whether a TAC meeting or CRM is appropriate
based on the extent of amendments needed to the plat.
D.
If the Planning Commission does not approve the final plat:
1.
The Planning Director shall issue a written notice of noncompliance
to the applicant giving the reasons that the Planning Commission did
not approve the plan.
2.
The applicant may submit an amended final plat addressing the deficiencies
within 12 months of the notice of noncompliance.
3.
The amended plat shall complete the steps required for the initial
final plat submission.
4.
If an amended final plat is not submitted within 12 months, a new
sketch plan application is required.
70.6
Final plat CRM stage.
A.
Staff at the CRM shall review the plat to ensure that it is complete,
correct, and addresses all comments and conditions.
B.
If necessary, the Planning Director shall provide written notice
to the applicant of corrections required by the CRM agencies.
C.
Upon the concurrence of the agencies reviewing the plat at the CRM,
the Planning Director shall issue a final administrative decision
- notice to proceed directing the applicant to proceed to the signature
stage as specified below. This final administrative decision may be
appealed to the Board of Appeals within 30 days of issuance.
70.7
Signatures and recording.
A.
Following the CRM, if the final plat is correct and complete, the
Planning Director shall notify the applicant in writing that the final
plat may be submitted for signature.
B.
No amendments or modifications shall be made to an approved final
plat without written authorization of the Planning Director.
C.
The applicant shall submit the required copies of the final plat
for signature approval.
D.
The Planning Director shall facilitate obtaining the signatures of
agency representatives on the final plat.
E.
Prior to signature by the Planning Director, the applicant shall
provide the recording reference for covenants, easements and other
recorded agreements.
F.
The Planning Director shall return copies of the signed final plat
to the applicant for recordation.
G.
The applicant shall record the approved final plat with the Clerk
of the Court for Talbot County and return a copy of the recordation
receipt to the Planning Director within seven calendar days of signature
of the final plat.
71.1
Purpose. Revision plats may be used to accomplish the following,
provided no additional lots are created:
A.
Revisions to a recorded subdivision plat, including but not limited
to revisions for consolidation, modification or abandonment of a lot
line or relocation of a previously recorded easement area.
B.
Recordation of a plat to consolidate, alter or eliminate boundaries
between parcels that were legally created by deed.
C.
Recordation of a plat for an existing parcel that was legally created
by deed.
D.
Recordation of a plat to establish a parcel as a buildable lot.
71.2
Determination of major and minor revision plats. The Planning Director
shall determine whether a proposed revision plat is major or minor
based on the following guidelines.
A.
Major revisions may include, but are not limited to:
1.
Relocation or modification of a public or private road right-of-way,
except alterations to bring an existing right-of-way into compliance
with road standards as described below;
2.
Adjustment of acreage for common space, open space, reserved lands,
or land subject to a reservation of development rights;
3.
Relocation within a parcel of common space, open space, reserved
lands or land subject to reservation of development rights, except
minor revisions as described below; or
4.
Revision, consolidation or abandonment of lot lines which significantly
affect the layout of the subdivision.
B.
Minor revisions may include, but are not limited to:
1.
Correction of minor plat or surveying errors;
2.
Minor changes to plat notations;
3.
Revision, consolidation or abandonment of lot lines which do not
significantly affect the layout of the subdivision;
4.
Recordation of a plat for an existing parcel created by deed, provided
the plat does not alter the property lines;
5.
Recordation of a plat to establish a parcel as a buildable lot;
6.
Establishment or widening of a right-of-way over an existing roadway
in order to establish a road right-of-way meeting current road standards;
7.
Minor acreage or boundary corrections to open space, common space
or reserved land resulting from final surveying, or minor revisions
that are at least 50 feet from an adjoining property line; or
8.
Addition or modification of public or private easements such as drainage
or shared access easements.
71.3
Nonconforming situations.
A.
A revision plat shall not result in creation of a nonconforming situation
or the worsening of an existing, legal nonconforming situation, unless
the revision plat is recommended or required by the Talbot County
Office of Environmental Health to resolve a failing septic system.
71.4
Procedures.
A.
The application and plat shall include all material required by the
application form and checklist published by the Planning Office.
B.
A major revision plat shall be submitted and reviewed using the procedures
for a new major subdivision. Decisions shall be made by the Planning
Commission.
C.
A minor revision plat shall be submitted and reviewed using the procedures
for a minor subdivision. Decisions shall be made by the Planning Director.
D.
The Planning Director may seek the recommendation of the Planning
Commission on a minor revision plat.
72.1
Circumstances under which division is permitted. A parcel may be
created for nondevelopmental purposes for one of the following purposes:
A.
Parcels created for transfer and use of land exclusively for agricultural
purposes, for a minimum of 10 years, provided that the parcels created
are at least five acres in size, a development right is available
for each parcel under the density requirements of the applicable zoning
district, and the remaining parcel(s) comply with all current County
zoning and subdivision regulations.
1.
For purposes of this subsection, the foregoing time period shall
be referred to as the "restriction period." During the restriction
period the County may review subdivision and development applications,
but shall not grant final approval of such parcels for developmental
purposes:
2.
An agricultural parcel subdivided pursuant to this Subsection A for
nondevelopmental purposes may not be released from the agricultural
use restriction during the first three years of the restriction period,
but shall be released from the agricultural use restriction prior
to expiration of the restriction period upon payment of a conservation
fee to the County for each parcel to be released in accordance with
a fee schedule adopted by the County Council.
3.
Upon payment of the conservation fee, the County shall, subject to
satisfaction of all other applicable requirements, approve such released
parcels for development purposes.
B.
Parcels created for transfer and use of wetlands, floodplains and
woodlands exclusively for perpetual conservation purposes, provided
that the remaining parcel(s) comply with all current County zoning
and subdivision regulations.
C.
Parcels created for transfer and use of lands for purposes of settling
an estate, provided that such subdivision will not result in development
of the parcel for at least 10 years from the date of subdivision approval
and provided that the remaining parcel(s) shall comply with all current
County zoning and subdivision regulations. After 10 years, such parcels
shall not be approved for developmental purposes until all applicable
County and state development regulations have been met, including
the density requirements of this chapter.
72.2
Plat requirements for parcels created for conservation or future
development. The final plat for a parcel created pursuant to this
section shall:
73.1
Purpose.
A.
A reserved land agreement is required for the reserved land of a
rural cluster subdivision, for land preserved pursuant to Critical
Area land conservation requirements, and for any parcel or portion
thereof created for perpetual conservation purposes. A reserved land
agreement shall be permanent.
73.2
Procedures, restrictions and limitations.
A.
A reserved land agreement or reservation of development rights agreement
shall:
1.
Restrict future development of any residential, commercial or industrial
structures and uses, except as permitted by the provisions of this
chapter applicable to the subdivision;
2.
Be granted to, inure to the benefit of, and be enforceable by the
County; run with and bind the land, the grantor, and the grantor's
successors; and
3.
Be recorded among the land records at the expense of the applicant
before issuance of any permit or plat approval.
B.
A reserved land agreement or reservation of development rights agreement
shall not:
C.
A reservation of development rights agreement recorded prior to the
effective date of this chapter will remain in effect subject to the
requirement in effect at the time of recordation.
D.
An electronic copy of the metes and bounds description of the restricted
land shall accompany the final plat submission to the Planning Office.
73.3
Release or relocation.
A.
Release. A grantor or his successors may petition the County Council
for partial or complete release of a reserved land agreement or reservation
of development rights agreement if the parcel's zoning classification
changes.
B.
Relocation. The boundaries of lands subject to the agreement shall
be delineated on the final plat. A major revision plat shall be submitted
for the relocation or adjustment of reserved land acreage. The relocation
shall be of an equal area and shall be within the boundaries of the
original parcel.
74.1
Maintenance and completion of public and private improvements. Before
the Planning Director approves a final plat, required public or private
improvements shall be completed or guaranteed through one or more
of the following methods:
A.
Completion of required improvements by the developer in accordance
with approved plans, with plan review, inspections and approval by
the County Engineer or Planning Director; or
B.
A public works agreement as required by the County; or
C.
For improvements not covered by a public works agreement, a developer
agreement wherein the applicant shall agree to construct at his own
expense the required improvements, including installation of plantings,
as shown on the final plat and approved plans and drawings.
74.2
Common space and private subdivision improvements.
A.
Location and configuration. Common space shall be located and configured
to accomplish its intended purpose and to allow access for maintenance
purposes. Common space intended for recreational use shall provide
convenient access.
B.
Ownership of common space or subdivision improvements. The ownership
of land dedicated for common space or subdivision improvements may
be proposed by the owner or developer, subject to the approval of
the Planning Director. Ownership may include, but is not necessarily
limited to the following:
1.
The County, subject to acceptance by the County Council;
2.
Other public jurisdictions or agencies, subject to their acceptance;
3.
Quasi-public organizations, subject to their acceptance;
4.
An incorporated property owners' association approved by the State
Department of Assessments and Taxation; or
5.
Shared, undivided interest by all property owners in the subdivision.
C.
Conveyance at time of plat recordation. Concurrent with recording
of the final plat, common space lots shall be conveyed by the developer
to the County, a property owners' association or other entity approved
to own the common space, as defined in covenants approved by the Planning
Director.
D.
Property owners' or homeowners' association. If the common space
or subdivision improvements are owned by a property owners', homeowners'
or condominium association:
1.
Proposed covenants and restrictions that will govern the association
shall be submitted with the preliminary plat application for review
and approval by the Planning Director.
2.
The provisions may include but are not necessarily limited to the
following:
a.
The property owners' association must be established before
any lots or homes are sold;
b.
Membership must be mandatory for each lot or home buyer and
any successive buyer;
c.
Community open space restrictions must be permanent, not just
for a period of years;
d.
The association must be responsible for liability insurance,
taxes, and the maintenance of open space and subdivision improvements;
e.
Property owners must pay their pro rata share of the cost, and
the assessment levied by the association must become a lien on the
property as allowed in the master deed establishing the property owners'
association; and
f.
The association must be able to adjust the assessment to meet
changed needs.
3.
The date of acceptance and approval of the articles of incorporation
of the property owners' association by the State Department of Assessments
and Taxation shall be noted on the final plat.
E.
Maintenance of common space and improvements. The person or entity
identified as having the right of ownership or control over common
space or subdivision improvements shall be responsible for continuing
upkeep and proper maintenance in accordance with County, state and
federal regulations.
75.1
Construction and installation.
A.
The surveyor shall establish survey markers that are solid, free
from movement and constructed to be permanent. Survey marker materials
and installation shall be as approved by the Planning Director or
County Engineer, in compliance with Maryland regulations and consistent
with customary surveying practices in Maryland.
B.
All survey markers shall be properly set in the ground and approved
by a registered land or property line surveyor prior to the time the
Planning Director signs the final plat.
75.2
Location.
A.
Survey markers shall be located on street right-of-way lines, at
street intersections, and at angle points of curve and block corners.
They shall be spaced so as to be within sight of each other, the sight
lines being contained wholly within the right-of-way limits.
B.
The external boundaries of a subdivision shall be monumented in the
field by survey markers placed not more than 1,400 feet apart in any
straight line, at all corners, at each end of all curves, at the point
where a curve changes radius, at all angle points along the meander
line, those points to be not less than 20 feet back from the bank
of any river or stream or edge of wetland, except that when such corners
or points fall within an existing street, the survey markers shall
be placed in the side line of the right-of-way.
C.
All internal boundaries, points along a proposed street, and those
corners and points not referred to in the preceding subsection shall
have survey markers at all block corners, at each end of all curves,
at all points where a watercourse changes its radius, and at all angle
points in any line.
D.
The lines of lots that extend to watercourses shall have survey markers
at the point of intersection of the river or stream lot line, with
a meander line established not less than 20 feet back from the bank
of the river or stream or edge of wetland.
76.1
Applicable plans and regulations.
A.
In addition to the requirements established in this chapter, subdivision
plans shall comply with all applicable local, state and federal plans
and regulations, including the following:
B.
Plat approval may be withheld if a subdivision is not in conformity
with the above plans and regulations or this chapter.
76.2
Subdivision straddling jurisdictional boundaries. If access to a
subdivision is across land in another jurisdiction, the Planning Director
may request assurance from the other jurisdiction that access is legally
established, that the access road is adequately improved, or that
a guarantee and a security have been duly executed and are sufficient
in amount to assure the construction of the access road. In general,
lot lines should be laid out so as not to cross jurisdictional boundary
lines.
76.3
Subdivision name. The proposed name of the subdivision shall not
duplicate, or too closely approximate phonetically, the name of any
other subdivision in the County. The Planning Director shall have
final authority to approve the name of the subdivision.
