After the effective date of this chapter, no
person shall subdivide or resubdivide land within the City without
the approval of the Commission and the recording of a final plat in
the office of the Clerk of the Circuit Court of Carroll County in
accordance with the provisions of this article. Further, no lot in
a subdivision or any section thereof created after the effective date
of this chapter shall be transferred nor shall a building permit be
issued for a structure thereon until such approval and recording shall
be completed as specified herein.
[Amended 11-24-2008 by Ord. No. 792]
Each application for approval of a preliminary
plan or final plat shall be submitted on forms provided therefor by
the Planning Commission and shall be accompanied by such fee as is
determined by the Mayor and Common Council as provided in the General
Fee Ordinance.[1]
[Amended 3-22-1993 by Ord. No. 553; 7-9-2001 by Ord. No. 664]
A.
The subdivision shall comply with all requirements
of the appropriate state agencies, including but not limited to the
Department of Environment.
B.
Easements shall be shown on the final plat where a
natural watercourse (stream) exists or where natural or street drainage
is located or may be provided, such easement to be a minimum of 20
feet, except in the case of a natural watercourse, which shall contain
adequate easement area to provide for a twenty-year storm.
E.
No more than 40 residential lots may be contained on a single plat, provided that upon receipt of the Director’s recommendation, the Commission may adjust said number upward up to 20% for good cause. Any further upward adjustment shall require an administrative adjustment pursuant to § 164-158.1.
[Added 10-27-2008 by Ord. No. 788[1]]
F.
Nonresidential subdivisions, including industrial
and commercial tracts, shall conform to the Master Plan and standards
established in this chapter. The subdivider shall demonstrate to the
satisfaction of the Commission that the street, parcel and block pattern
is specifically adapted to the uses anticipated and takes into account
other uses in the vicinity.
G.
Where there is a discrepancy between minimum standards
or dimensions in this article and other official regulations, the
highest standards shall apply.
H.
Reservation, dedication and/or acquisition of land
for sites for schools and other public facilities. In order to provide
for the adequate and convenient placement of sites for public schools
and other public uses as authorized by § 5.03 of Article
66B of the Annotated Code of Maryland, all subdivisions shall conform
to the designated location of sites for public schools and other public
facilities as shown on the Master Plan. Where the City Master Plan
indicates a location for a school or other public facility, the location
of such sites shall also be shown, if applicable, on any subdivision
plan involving land affected by a public facility designation of the
Master Plan. If no City Master Plan has been adopted at the time of
application, a school site or other public facility site may be required
if a need is determined by the Commission. It shall be the duty of
the Commission to coordinate the planning of the development of the
subdivision with the plans of the appropriate county or City agency
for acquisition of the site.
I.
Compatibility. The Commission shall not approve a
preliminary plan or final plat if it finds that the subdivision would
not achieve a maximum of compatibility, safety, efficiency and attractiveness;
and the fact that either a preliminary plan or final plat complies
with all of the stated general regulations, development standards
or other specific requirements of the zone shall not, by itself, be
deemed to create a presumption that the proposed preliminary plan
or final plat is, in fact, compatible with surrounding land uses and,
in itself, shall not be sufficient to require its approval.
J.
The Commission shall not approve a preliminary plan or final plat if it finds that the subdivision does not comply with the landscape manual of the City of Westminster, adopted pursuant to § 164-131.1.
K.
To ensure that projects are not approved for which water and sewer
capacity does not exist, the following subdivision plat approval procedures
are adopted:
[Added 4-13-2015 by Ord.
No. 853; amended 4-9-2018 by Ord. No. 891]
(1)
Upon receipt of a completed application for a subdivision plat
that includes a concept plan meeting the guidelines established by
the Planning Director and a request for a water and sewer allocation,
the Planning Director shall make a written determination as to the
availability of water and sewer capacity.
(2)
Upon a finding that the application is complete, that adequate
capacity exists for an allocation, and that the use otherwise complies
with requirements of the Zoning Ordinance, subject to any approvals
required from the Planning Commission, the Director shall assign the
plat a tentative allocation approval, which may stipulate the phasing
of water allocation over time.
(3)
Upon approval of a final subdivision plat by the Planning Commission,
the Planning Director shall issue a final water and wastewater allocation
consistent with the Planning Commission's approval.
(4)
Notwithstanding anything in this section, when a plat expires
or becomes null and void through lapse or revocation, the allocations
shall also be forfeited.
L.
The Planning and Zoning Commission shall not approve a preliminary plan or final plat if it finds that the subdivision does not adequately address the preferences and guidelines set forth in the most recently adopted Development Design Preferences Manual in compliance with the requirements of § 164-131.2.
[Added 5-9-2016 by Ord.
No. 863]
A.
Proposed streets shall be shown by providing a minimum
right-of-way width of 50 feet with a minimum paving width of 30 feet.
Where it is determined by the Commission that a street should be designed
in a subdivision to carry traffic from other areas or adjacent subdivisions,
whether existing or potential, a right-of-way 60 feet or greater shall
be dedicated. Where a subdivision is created fronting on an existing
City-maintained road, lot lines of a subdivision shall be established
30 feet from the center of the existing county- or City-maintained
road unless an additional right-of-way is specifically required by
the Commission. The developer may be required to make improvements
to the streets if additional traffic will be generated. Nothing contained
in this section shall be construed as prohibiting a subdivider from
voluntarily establishing, upon consent of the Commission, lot lines
of a subdivision more than 30 feet from the center of the existing
county road. A cul-de-sac (short dead-end street) shall terminate
in a circular area with a minimum paving diameter of 100 feet and
a minimum right-of-way diameter of 120 feet. If, however, such street
will eventually be extended, a temporary turnaround shall be provided
in accordance with the requirements of the Department of Public Works.
Depending upon the number of units and traffic generation of a subdivision,
more than one access into a subdivision may be required to be bonded
or developed before building permits are issued.
B.
Neither the approval of a preliminary or final subdivision
plan nor the approval of any site plan or development plan nor the
filing of any land record plat shall constitute the acceptance by
the City of any street dedication. No street shall be accepted for
dedication unless and until the Mayor and Council, through appropriate
action, accept such street dedication, and a deed conveying the street
to the City, pursuant to the acceptance of a street dedication by
the Mayor and Council, has been duly recorded among the land records
of Carroll County, Maryland.
C.
To ensure no duplication, street names shall be cleared
through the Department of Public Works prior to submitting a final
plat.
D.
Streets shall be constructed in accordance with those
standards and regulations as set forth, in writing, by the Department
of Public Roads. A financial guaranty shall be provided to the City
by the subdivider prior to commencing construction in order to ensure
completion by the subdivider of those facilities that will serve the
subdivision.
Any soil removed in any zone shall be done in
accordance with the provisions of Carroll County Ordinance No. 5,
subject to the following:
A.
Sod and soil may be removed in any residential zone,
except agricultural, to a depth not to exceed 18 inches in a surface
area not exceeding 5,000 square feet.
B.
Removal and excavation necessary for construction
shall be permitted in accordance with site plan or subdivision profiles
approved by the Department of Public Works.
C.
Grading of land shall be permitted in accordance with
plans approved by the Department of Public Works, provided that the
new grades do not substantially alter natural drainage patterns and
that the plans include siltation and erosion control measures described
in Carroll County Ordinance No. 5.
Stormwater management shall be accomplished pursuant to Chapter 136, Stormwater Management, of the Code of the City of Westminster.
No structure shall be placed in any floodplain except as provided in accordance with Chapter 83, Floodplain Management, of the Code of Westminster.
[Added 7-9-2001 by Ord. No. 664]
A.
Purpose. The purpose of the cluster method of development
is to protect sensitive environmental features, to provide larger
open areas with greater utility for rest, recreation and preservation
of natural features, to provide site design flexibility and to encourage
the development of more attractive functional and economic building
forms with higher standards of open space.
B.
Objectives. The following objectives are sought by
the cluster method of development:
(1)
To provide a more attractive and varied living
environment than would be possible through the strict application
of the requirements of the R-10,000 and R-20,000 Residential Zones.
(2)
To encourage developers to use a more creative
approach in the development of land.
(3)
To encourage more efficient allocation and maintenance
of common open space in residential areas through private initiative.
(4)
To encourage variety in the physical development
patterns of residential areas without changing the character of the
neighborhood.
(5)
To protect sensitive environmental features.
(6)
To encourage the preservation of existing topography
and to provide forest conservation while providing useful community
open space.
C.
Eligibility. The cluster method of development is
permitted for single-family detached unit developments only in the
R-10,000 Residential and R-20,000 Residential Zones.
D.
Dimensional requirements.
(1)
Density.
(a)
Residential density shall be approved generally
on the capabilities of the existing and/or planned utilities and such
other standards and requirements as enumerated in this chapter, but
in no case shall the density exceed four dwelling units per net acre
in the R-10,000 Zone and two dwelling units per net acre in the R-20,000
Zone.
(b)
Calculation of the net acreage shall include
all land within the cluster subdivision, except common open space.
Common open space includes environmental open space and recreational
open space. Environmental open space consists of one-hundred-year
floodplain areas, wetlands, streams and slopes of 25% or greater.
Recreational open space includes 15% of the gross project area, which
shall be dedicated for recreational open space. The fifteen-percent
recreational open space shall not consist of the one-hundred-year
floodplain area, wetlands, streams and slopes of 25% or greater; however,
the one-hundred-foot stream buffer area that is not part of the above-mentioned
environmentally sensitive features may account for a maximum of 33%
of the recreational open space requirement. Portions of the environmental
open space features may overlap. The area of any such overlap will
only be counted once towards the calculations of the net acreage.
(2)
Lot area, lot width and yard requirements in
the R-10,000 and R-20,000 Residential Zones.
(a)
The following minimum per unit requirements
shall apply:
|
Dwelling Type
|
Lot Width at Building Line
(feet)
|
Front Yard
(feet)
|
Side Yard
(feet)
|
Rear Yard
(feet)
| |
|---|---|---|---|---|---|
|
Single-family detached
|
70
|
25
|
8
|
30
|
(b)
Single-family detached dwellings, in all events,
shall be on lots with a minimum lot area of 7,000 square feet.
(c)
A corner lot shall have a minimum width of 100
feet, measured at the building line along at least one street front,
which shall be the front yard for the subject lot.
E.
Open space.
(1)
The common open space and one-hundred-foot stream
buffer shall be dedicated and deeded without charge to the City. The
City may waive the right to such dedication to it and instead may
require the open space be deeded to, improved, operated and maintained
by a property owners' association consisting of residents of a cluster
subdivision. Land designated for this purpose shall be deeded to the
property owners' association or to the City, and recording references
to the articles of incorporation with respect to such property owners'
association or to the City shall be noted in the final plat prior
to recording. The City Attorney may review, at the applicant's cost,
and approve any covenants relating to ownership and maintenance of
such lands prior to recording of the final plat.
(2)
In determining the type and location of common
open space, the Commission, in consultation with the City Parks Board,
shall review the area's needs for parks and recreational sites in
the area. Open space required in a cluster subdivision project shall
have access to a street by a fee simple right-of-way or easement and
be located so as to be reasonably accessible from all dwellings within
the cluster subdivision project. In all instances, a minimum of 50%
of the recreational open space shall be suitable for dry-ground active
recreational uses, as determined by the Commission.
(3)
In addition to the minimum required open space,
the applicant/developer may offer additional contiguous open space
such as floodplains, steep slopes and wooded areas to the City for
parkland. At its discretion, the City may accept or reject this additional
land which may otherwise be included with open space deeded to the
property owners' association.
(4)
The approval by the Commission of a final subdivision
plat shall not be deemed to constitute or imply acceptance of the
City of any park, recreation or other public land shown on the plat
until such land is improved as contained in the construction plans
of the cluster subdivision project and deeded.
F.
Panhandle lots. Panhandle lots may be permitted only
in accordance with the following standards:
(1)
Panhandle lots shall be designed to take advantage
of the natural land features and shall be located so as to abut areas
of common or dedicated open space to the maximum extent possible.
At least 50% of the total number of panhandle lots shall abut areas
of common open space or existing or planned public right-of-way along
the entire length of at least one side of the lot.
(2)
No more than four panhandle lots shall be served
by one use-in-common driveway. No more than one use-in-common driveway
connection shall be permitted on the cul-de-sac portion of any public
street.
(3)
Panhandle lots shall be shown on the final plat
and arranged such that the specific layout and house locations of
the houses on the lots in the front on the public street are located
so as not to block the view of the houses at the rear of the use-in-common
driveway.
G.
Compatibility.
(1)
All single-family detached dwellings constructed
within 100 feet of the nearest existing dwelling in the R-20,000,
R-10,000 or R-7,500 Zones shall comply with the minimum development
standards of the zonal classifications of the adjoining land.
(2)
The Commission shall have the discretion to increase or decrease the strict application of the requirements contained in § 164-197.1F(1) and G(1) hereof in instances in which the adjoining property or properties will not be adversely affected by such increase.
H.
Procedures.
(2)
The preliminary plan and final plat of a cluster
subdivision shall be filed with the Department and shall be accompanied
by a detailed statement or proposal, including covenants, agreements
or other specific documents addressing ownership, method of maintenance
and the use of those areas in the subdivision reserved as open space
for common use by property owners in the development.
(3)
The covenants and agreements creating the reservation
specified in this section shall be recorded before the plat is recorded.
A.
Prior to preparing a preliminary plan, the subdivider
may present a concept plan or sketch of the proposed subdivision to
the staff of the Commission for any assistance the staff may deem
appropriate. Such concept plan shall generally denote the type of
densities, dwellings, streets and proposed land uses.
B.
Thereafter, the subdivider shall prepare and file
with the Commission a preliminary plan. Information shown on the preliminary
plan shall include the subdivision's name and owner, the subdivider's
name and address, the surveyor or engineer, election district, county,
state, adjacent property owners, vicinity sketch, scale, North point,
date, contours, lots, their densities, building setback lines, existing
and/or proposed easements, street names and widths, water, sewer and
storm drainage, lot numbers, soils information, zoning district classification(s),
floodplain(s), bearings and dimensions and plat or technical notes,
as well as those covenants, restrictions and/or statements proposed
to be shown on the final plat.
C.
Additionally,
the preliminary plan shall include a proposed recording and construction
schedule which must indicate those portions of the property covered
by the preliminary plan for which building permits will be sought
and obtained from the City. If the project is proposed to be built
in phases, the schedule shall specifically identify the timing for
the construction and conveyance of the lots, as well as any dedication
for utilities, roads, open areas and recreational facilities. The
schedule must be approved by the Planning Commission as a part of
its preliminary plan approval, and the approved schedule shall establish
the validity period for the entire project, including any phasing.
[Added 10-27-2008 by Ord. No. 788[1]]
D.
Fifteen copies of the preliminary plan shall be provided
to the Commission with written application for conditional approval
at least 60 days prior to the Commission's meeting at which it is
to be considered. The Commission shall refer the application and plan
to its staff for review.
E.
Referral shall be made for a certification of the
adequacy of public facilities to the appropriate agencies having jurisdiction
over public facilities in the City, including but not limited to the
following: schools, public water and sewerage facilities, police protection,
roads and traffic control devices, storm drain facilities, emergency
service facilities, health care facilities and solid waste disposal
facilities.
F.
No preliminary plan shall be approved by the Commission
unless the adequacy of public facilities is reviewed by the appropriate
state, county or City agency which has jurisdiction in the particular
area of each such public facility affected by the proposed subdivision.
Each agency to which a plan is referred shall return one copy of the
plan to the Commission within 20 days of referral with its recommendation
noted thereon, such as "Approved," "Approved subject to modification"
or "Disapproved" for specific reasons. If such recommendation is not
made within the twenty-day period by any agency to which referred,
the preliminary plan shall be deemed to have been approved by it,
unless said period has been extended by the Commission.
G.
Following a review of the preliminary plan and other
material submitted for conformity with this chapter by the staff and
the appropriate agencies and, if deemed necessary by the staff, a
review with the subdivider of any changes deemed advisable and the
kind and extent of improvements to be made by him, a written staff
recommendation shall be made available to the applicant, together
with any comments or recommendations of other agencies concerned with
the subdivision of land. Thereafter, the Commission shall, within
120 days after the preliminary plan has been filed, act thereon as
submitted or modified; and, if approved, the Commission shall express
its approval and state the conditions of such approval, if any, or,
if disapproved, shall express its disapproval and its reasons therefor.
Failure to act within 120 days will constitute approval of the preliminary
plan. However, the applicant may waive this requirement and consent
to an extension of such period. The grounds for disapproval of any
plat shall be stated in the records of the Commission and a copy furnished
to the applicant. The Commission may consider and use the refusal
of any agency to certify the adequacy of any public facility or facilities
to serve a proposed subdivision as a basis for the disapproval of
a preliminary plan.
H.
A copy of any action taken by the Commission pursuant
to this preliminary plan shall be sent to the subdivider and to any
agencies to which the plan had been referred.
I.
Upon a finding by the Commission that the preliminary
plan does not comply with this chapter, any other applicable laws
or regulations or with the development plan or any portion thereof,
approval of the preliminary plan may be revoked by resolution of the
Commission at any time prior to the approval of the final plat.
J.
Approval of a preliminary plan shall not constitute
approval of the final plat, but shall be a guide to the preparation
of the final plat.
K.
The Commission reserves the right to return to the
subdivider any preliminary plan which does not comply with the requisites
of this section.
A.
The final plat shall conform substantially to the preliminary plan as approved. If desired by the subdivider subject to the provision of Subsection G, it may constitute only that portion of the approved preliminary layout which he proposed to record and develop at the time and shall contain the schedule required under § 164-199. In connection with granting its final plat approval, the Commission may modify the schedule consistent with the adequacy of public facilities, including, but not limited to, the provision of adequate sewer and water.
[Amended 10-27-2008 by Ord. No. 788]
B.
Copies of the final plan and other exhibits required for approval shall be prepared in accordance with § 164-193 and shall be submitted to the Commission within 12 months after approval of the preliminary plan; otherwise, the approval of the plan shall be deemed to have been withdrawn. For good cause shown, not more than four extensions not exceeding six months each may be granted by the Planning Commission.
C.
Application for approval of the final plat shall be
submitted in writing to the Commission at least 30 days prior to the
meeting at which it is to be considered.
D.
No final plat shall be approved by the Commission without prior review of the City, county or state agencies which shall review the final plan for adequacy of public facilities in the same manner set forth in § 164-198. Such agencies shall approve, with or without modification, or disapprove the plat to the extent that each has jurisdiction. Such agencies shall be requested to submit their approval or disapproval to the Commission within 15 days of the receipt of the final plat from the Commission.
E.
Any subdivision designed not to connect to public
water or sanitary sewer, or both, shall require a certificate from
the Carroll County Health Officer as to its compliance with water
and sanitary sewer requirements.
F.
No final plat for residential development shall be approved by the Commission without a written notation on it that no more than 40 building permits for dwelling units will be issued during any calendar year, provided that upon receipt of the Director’s recommendation, the Commission may adjust said number upward or downward up to 20% for good cause. Any additional upward adjustment shall require an administrative adjustment pursuant to § 164-158.1.
[Amended 10-28-2002 by Ord. No. 688; 10-27-2008 by Ord. No.
788]
G.
The final plat may represent only a portion of the
preliminary plan, provided that the public improvements to be constructed
in the area covered by the plat are sufficient by and of themselves
to accomplish a proper development and to provide adequately for the
health, safety and welfare of the City, including adequate access
to contiguous areas. The Commission shall have the power to agree
with the applicant upon use, height, area or bulk requirements or
restrictions which are designed to promote the purposes of this chapter.
Such requirements or restrictions shall have the same force of law
and be enforceable in the same manner and with the same sanctions
and penalties and subject to the same power of amendment or repeal
as though set out as a part of the Zoning Ordinance or Zoning Map
of the City.
H.
The Commission shall approve or disapprove a final
plat within 30 days after the filing thereof with it; otherwise, such
plat shall be deemed to have been approved, and a certificate to that
effect shall be issued by the Commission on demand; provided, however,
that the applicant may waive this requirement and consent to an extension
of such period. The grounds for disapproval of any plat shall be stated
in the records of the Commission and a copy furnished to the applicant.
The Commission may consider and use the refusal of any agency to certify
the adequacy of any public facility or facilities to serve a proposed
subdivision as a basis for the disapproval of a final plan.
A.
Title and graphic information to be shown on the final
plat shall be as required on the approved preliminary plan, except
contour lines, and shall clearly show all items required by § 3-108
of the Real Property Article of the Annotated Code of Maryland (1974),
as amended, pertaining to the preparation of record plats.
B.
Space shall be provided on the final plat for the
following signatures and dates:
(1)
Certificate of the land surveyor and the owner's
certificate.
(2)
Approval of the Carroll County Health Officer.
(3)
Approval of Westminster Planning and Zoning
Commission.
(4)
Acknowledgment by the Mayor, the Zoning Administrator
and the Planning Director evidencing compliance with all pertinent
administrative procedures.
C.
The final plat shall be legibly and accurately prepared
or printed on sheets of material to a size of 18 inches by 24 inches,
including a two-inch margin on the left side of the eighteen-inch
width. The plat shall be to a scale acceptable to the Commission,
generally, one inch equals 50 feet or one inch equals 100 feet, depending
upon the size of the subdivision. The subdivider shall file with the
Commission the necessary copies for recording and distribution as
required by the Commission, at least one copy of which shall be returned,
properly signed, to the subdivider.
D.
The final plat shall show the following owner's certificate
and surveyor's certificate unless otherwise required by the Commission:
|
OWNER'S CERTIFICATE
| ||
|
I(we), owner(s) of the property shown hereon
and described in the surveyor's certificate, hereby adopt this plan
of subdivision, establish the building lines as shown and certify
that the requirements of § 3-108 of the Real Property Article
of the Annotated Code of Maryland (1974), as amended, pertaining to
the preparation of record plats, and subsequent acts, if any, amendatory
thereto as far as they relate to the preparation of this plat and
the setting of markers, have been complied with. New streets, roads,
open spaces and the mention thereof in deeds are for the purpose of
description only, and the land so shown is expressly reserved in the
present owner(s) shown on this plat, their successors, heirs and assigns.
No more than one principal building shall be permitted on any residential
lot, and no such lot may ever be resubdivided so as to produce a building
site of less area or width than the minimum required by applicable
health, zoning or other regulations.
| ||
|
Owner's Signature
Witness
Date
|
| |
|
SURVEYOR'S CERTIFICATE
| ||
|
I, ____________________, a registered land surveyor
of the State of Maryland, do hereby certify that the land shown hereon
has been laid out and the plat prepared in compliance with § 3-108
of the Real Property Article of the Annotated Code of Maryland (1974),
as amended, pertaining to the preparation of record plats.
| ||
|
(Signature)
|
(Date)
| |
The procedure for the filing of a final plat
for the resubdivision of a lot or parcel or for a minor subdivision
shall be as indicated in this article for an original subdivision,
except that the submission of a preliminary plan shall be at the option
of the applicant.
The Commission is hereby authorized to establish
whatever additional written procedures it deems desirable for processing
or referring the approval of subdivisions under this article. A copy
of any such procedure shall be available at the Commission's office
for review and reproduction.
[Amended 11-24-2008 by Ord. No. 792]
After recommendation by the Commission, the
Mayor and Common Council shall adopt, and from time to time amend,
such differential filing and processing fees as provided in the General
Fee Ordinance,[1] based upon the costs of processing a subdivision application.
Said costs include payment for reasonable expert services deemed necessary
and reasonable by the Director of Planning, which may include but
not be limited to engineering, architectural, planning, transportation,
landscaping and legal services. Payment of such fees is required prior
to final plat approval.
The final action of the Commission on an application
for approval of a final plat may be appealed by any person aggrieved
by such action to the Circuit Court for Carroll County. Any such appeal
shall be taken in accordance with the Maryland Rules of Procedure
as set forth in Chapter 1100, Subtitle B.
