A. 
The procedure for review and approval of a subdivision plat consists of three separate steps. The initial step consists of the preparation and submission to the Planning Commission of a sketch plat of the proposed subdivision. This step is designed to enable the developer to receive the benefit of agency review at an early stage and to enable the developer to follow any suggestions of an agency or comply with any recommendations of the Planning Commission prior to his commitment to a costly investment. The second step is the preparation and submission to the Planning Commission of a preliminary plat that complies with § 200-7 of this article. The final step consists of the preparation and submission to the Planning Commission of the final plat, together with the required certificates. This final plat becomes the instrument to be recorded in the office of the Clerk of the Circuit Court when duly signed by the Chairman of the Wicomico County Planning and Zoning Commission and other officials where required by this chapter. This process of the review of subdivision plats shall be in accordance with the requirements set forth hereafter.
[Amended 10-15-1982 by Bill No. 1982-13; 2-14-1994 by Bill No. 1994-5]
B. 
Any owner of land lying within the area of jurisdiction of the Planning Commission and/or said County Council wishing to divide such land into two or more lots, sites or divisions for the purpose, either immediate or future, of sale or of building development, or wishing to resubdivide for this purpose, except as exempted in § 200-3B as hereinbefore set forth, shall submit a plan of such proposed subdivision to the Planning Commission for approval prior to the filing of his subdivision plat for record. Any such plat of subdivision or resubdivision shall conform to the minimum standards of design for the subdivision of land as set forth in Article III of these regulations and shall be presented in a manner specified in the following sections of this article. No plat of a subdivision or resubdivision of land in the area within the jurisdiction of the Planning Commission in Wicomico County shall be filed or recorded by the Clerk of the Circuit Court without the approval of the Wicomico County Planning and Zoning Commission as specified herein.
[Amended 2-15-1978 by Bill No. 1978-6; 2-14-1994 by Bill No. 1994-5; 10-17-2006 by Bill No. 2006-11]
C. 
In order to secure review and approval of the Planning Commission of a proposed subdivision or resubdivision, the prospective subdivider shall, prior to the making of any street improvements or institution of utilities, submit to the Planning Commission and have approved both a sketch plan and preliminary plan, as provided in §§ 200-6 and 200-7 below. Upon approval of the preliminary plat, the subdivider may proceed with the preparation of the final plat and other documents required in connection therewith as specified in § 200-8 of this article and the improvements set forth in Article IV.
[Amended 2-15-1977 by Bill No. 1977-2]
[Added 2-15-1977 by Bill No. 1977-2; amended 10-14-1977 by Bill No. 1977-15; 10-15-1982 by Bill No. 1982-13; 1-2-1990 by Bill No. 1989-22]
A. 
Scope. The initial step of the subdivision approval process consists of the preparation of and submission to the Planning Commission of a sketch plat of the proposed subdivision.
(1) 
The sketch plat process is designed to enable an applicant to receive the benefit from a multiagency review and evaluation of the proposed development at an early stage. The process provides an applicant with advice concerning requirements of any agency and the recommendation and design comments of the Planning Commission prior to making extensive financial commitments for detailed engineering, surveying and improvements associated with preliminary and final plat preparation.
(2) 
A sketch plat is required for all proposed subdivisions of more than three lots from a legally existing parcel of record, as of July 9, 1957, or April 1, 1968, whichever may apply, unless otherwise exempted by this chapter.
[Amended 6-22-1998 by Bill No. 1998-6; 10-1-2002 by Bill No. 2002-15]
B. 
Exemptions. The following subdivisions or resubdivisions of property are exempt from the sketch plat review procedure as set forth above:
(1) 
The minor subdivision of three lots or fewer from a legally existing parcel of record as of July 9, 1957, or April 1, 1968, whichever may apply.
[Amended 6-22-1998 by Bill No. 1998-6; 10-1-2002 by Bill No. 2002-15]
(2) 
The subdivision of land for commercial and industrial use requiring a special exception of the Board of Appeals unless specifically required by the Board of Appeals.
[Amended 7-6-2004 by Bill No. 2004-6]
(3) 
The resubdivision of, or a corrected plat for, an existing plat of record where the effect of said subdivision is not to increase the number of lots.
C. 
Procedures.
(1) 
A sketch plat shall first be filed with the Planning and Zoning Office with not less than 16 copies or as may be required by the Planning Commission.
(2) 
The Planning Director shall forward copies of the sketch plat to such agencies for comments as he deems appropriate, which may include, but not be limited to, the following: the Board of Education, Department of Recreation, Department of Public Works- Roads Division, Department of Planning, Zoning and Community Development, Fire Marshal, Maryland State Police, Maryland Department of Planning, Coastal Zone Management, Department of Natural Resources, Chesapeake Bay Critical Area Commission, Health Department, Soil Conservation Service, Historic Trust and any municipality in proximity to the site.
[Amended 12-18-2012 by Bill No. 2012-13]
(3) 
A sketch plat may be submitted to the Planning Commission for review four times a year. All submissions shall be on the first workday of the month of March, June, September and December or in accordance with a schedule which is established by the Planning Commission.
[Amended 6-14-1993 by Bill No. 1993-17]
D. 
Information required. A sketch plat shall include the following information:
(1) 
The name and address of the owner(s) of the property, all lands to be subdivided and all lands contiguous to the subdivision which are owned by the developer.
(2) 
The name of all adjoining property owners.
(3) 
A location sketch map showing the relationship of the proposed subdivision to the general area, including deed reference, Tax Map number, parcel and grid.
(4) 
The estimated total acreage of the site; an estimate of the number of lots and the average lot size in the subdivision.
(5) 
The tentative design of the development, including lot arrangement, street layout, open spaces, stormwater management areas and recreation areas.
(6) 
Pertinent on-site natural and man-made features, i.e., streams, wetlands, woodlands, railroads and highways, the Chesapeake Bay Critical Area Line, the one-hundred-year floodplain line and any easements.
(7) 
A signed certificate showing ownership or other legal control of the property being subdivided.
E. 
Review by the Planning Commission.
(1) 
The Planning Commission shall review the sketch plat and all comments submitted by other agencies and make recommendations and suggestions to the applicant or his representative.
(2) 
The Planning Commission shall not take any formal approval or denial action on a subdivision at the sketch plat stage.
(3) 
The review process will not be delayed due to the failure of any agency to forward comments.[1]
[1]
Editor's Note: Former Subsection F, Time limits, which immediately followed this subsection, was deleted 6-14-1993 by Bill No. 1993-17.
[Amended 2-15-1977 by Bill No. 1977-2; 10-15-1982 by Bill No. 1982-13; 6-13-1990 by Bill No. 1990-10]
A. 
Scope; procedure. A preliminary subdivision plat is required to be submitted to the Planning Commission for review and approval for all proposed subdivisions of four lots or more or any subdivision where three lots have already been subdivided from a parcel of record in existence as of July 9, 1957, or April 1, 1968, whichever may apply. This provision shall apply regardless of ownership or change in ownership since the original lots were subdivided.
[Amended 6-22-1998 by Bill No. 1998-6; 10-1-2002 by Bill No. 2002-15]
(1) 
The preliminary plat shall be submitted to the Director of Planning, Zoning and Community Development in accordance with a schedule which is from time to time established by the Planning Commission.
[Amended 12-18-2012 by Bill No. 2012-13]
(2) 
The Planning Commission shall consider such preliminary plat and take action thereon at a meeting open to the public, but said plat shall not be scheduled for action by the Commission until all requirements of these regulations applying to a preliminary plat are certified by the Director of Planning, Zoning and Community Development.
[Amended 12-18-2012 by Bill No. 2012-13]
(3) 
In the event of a disagreement between an applicant and the Director of Planning, Zoning and Community Development concerning the application of this chapter, either party may, no sooner than 60 days after the plat is received by the Department of Planning, Zoning and Community Development, submit the plat to the Commission for its review.
[Amended 12-18-2012 by Bill No. 2012-13]
(4) 
No plat shall be acted upon by the Planning Commission except at a meeting open to the public, notice of the time and place of which shall be sent by mail to the applicant or his representative not less than five days before the date of the meeting.
(5) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection A(5), added 2-14-1994 by Bill No. 1994-5, which required submission of a preliminary plat to the County Council, was repealed 10-17-2006 by Bill No. 2006-11.
(6) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection A(6), added 2-14-2006 by Bill No. 1994-5, which required that the Planning Commission give consideration to comments from the County Council, was repealed 10-17-2006 by Bill No. 2006-11.
(7) 
The Planning Commission may approve said preliminary plat with or without conditions or modifications or may disapprove said plat.
(8) 
If the Planning Commission disapproves said plat, reasons therefor shall be submitted, in writing, to either the applicant or his representative.
(9) 
If the Commission does not approve, disapprove, table for further consideration or review and make recommendations on said plat within 60 days after the meeting at which the preliminary plat was first reviewed, the plat shall be deemed approved as submitted and may be prepared and submitted as a final plat by the applicant.
B. 
Drafting standards. All preliminary plats shall be prepared in accordance with the following drafting standards:
(1) 
The plat shall be drawn at a scale of one inch equals 100 feet or other appropriate scale approved by the Director of Planning, Zoning and Community Development.
[Amended 12-18-2012 by Bill No. 2012-13]
(2) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection B(2), which required dimensions and bearings to the nearest foot and degree, was repealed 10-14-1991 by Bill No. 1991-14.
(3) 
When more than one sheet is necessary, each sheet shall bear the name of the subdivision and shall be numbered and show its relationship to the total number of sheets.
(4) 
Where any revision is made or when a plat is a resubdivision of a previously recorded plat, dotted or light dash lines shall be used to show features or locations to be changed and solid lines to show the presently proposed features.
(5) 
The perimeter boundary line of the subdivision shall be shown as a solid heavy line, and all proposed lots shall be shown with lines of lesser thickness and/or different patterns.
(6) 
All existing parcels within a proposed subdivision shall be shown by a different line pattern or line weight than the proposed lots and clearly labeled.
(7) 
Easements shall be shown with light dashed lines and clearly labeled.
(8) 
All said plats shall be clearly titled "PRELIMINARY -- NOT FOR RECORDING," on a sheet size of either 24 inches by 36 inches or 18 inches by 24 inches.
C. 
Information required. The preliminary plat shall meet the minimum standards of design set forth in Article III and the general requirements for the construction of public improvements set forth in Article IV and shall give the following information insofar as possible:
(1) 
The name and location of the proposed subdivision, the name and address of the owner or owners and the name of the engineer or surveyor registered with and duly licensed by the State of Maryland.
(2) 
The date, approximate true North point or magnetic North and graphic scale.
(3) 
A location sketch map showing relationship of the subdivision site to the area.
(4) 
The location of existing and platted property lines, streets, buildings, watercourses, water- and sewer lines, railroads, bridges, culverts, drainpipes and any easements, based on an accurate field survey, and the names of all adjoining owners or subdivisions.
[Amended 10-14-1991 by Bill No. 1991-14]
(5) 
Plans of proposed sewer or water utility layouts showing feasible connection to existing or proposed systems.
(6) 
When community sewer and water systems are not practical, any proposed individual on-site water supply and/or sewage disposal system must be reviewed by the County Health Officer or a soils evaluation for the site completed and submitted.
(7) 
The Tax Map, grid and parcel numbers, deed reference, zoning classifications, the water and sewerage plan service area; the tax ditch and the urban services district in which the subdivision is located, if applicable.
(8) 
The names, locations, widths and other dimensions of proposed streets, alleys, easements, parks and other open spaces, reservations and stormwater management areas.
[Amended 10-14-1991 by Bill No. 1991-14]
(9) 
Approximate dimensions, lot numbers, block letters, front building lines and any other proposed private setback lines for the proposed lots.
[Amended 10-14-1991 by Bill No. 1991-14]
(10) 
Contours at vertical intervals of not more than one foot, except where specifically not required by the Director of the Department of Planning, Zoning and Community Development.
[Amended 12-18-2012 by Bill No. 2012-13]
(11) 
The preliminary plat shall include a signed certificate showing ownership or legal control of the property and a tabular summary of the following:
(a) 
The total acreage of the site being subdivided;
(b) 
The total number of lots proposed and average lot size;
(c) 
The area of natural vegetation to remain on the site and all buffer or screening areas as proposed or as may be required by the Commission;
(d) 
The estimated total amount of land area on the site to be reserved and used for stormwater management areas;
(e) 
The total amount of land area proposed for access rights-of-way, easement areas, on-site recreation, open spaces and other parcels or areas in the subdivision reserved for the common use of residents;
(f) 
The estimated linear footage and area of new public roads to be constructed or widened.
(12) 
The following information shall also be shown, if applicable:
(a) 
Chesapeake Bay Critical Area. All preliminary plats for land located in the Chesapeake Bay Critical Area shall be in accordance with the requirements of Chapter 125, Critical Area Resource Protection.
(b) 
The one-hundred-year floodplain. A note indicating that the property is located within the one-hundred-year floodplain. The one-hundred-year floodplain line and elevations shall be shown on the plat in accordance with a method approved by the Director of Planning, Zoning and Community Development.
[Amended 12-18-2012 by Bill No. 2012-13]
(c) 
A note indicating that the property is located in an Airport Zoning District and any airport approach, horizontal, transitional or turning surface and an airport clear zone and the identification of any easement related to airport safety, maintenance or operations which may affect the property.
(13) 
A general description of the proposed flow pattern for the entire drainage system, including the paved surfaces, open ditches and piped sections, with outfall points indicated.
[Added 10-14-1991 by Bill No. 1991-14]
D. 
Copies. Five copies of the preliminary plat shall be submitted to the Director of the Department of Planning, Zoning and Community Development. Four copies of the preliminary plat will be retained in the files of the Department of Planning, Zoning and Community Development. One copy will be returned to the subdivider with any notations at the time of the approval or disapproval and the specific changes, if any, required.
[Amended 12-18-2012 by Bill No. 2012-13]
E. 
Concept approval or denial. The applicant, subject to the approval of the Director of the Department of Planning, Zoning and Community Development, may submit a preliminary plat for concept review and for concept approval or denial by the Planning Commission in order to allow a developer to obtain approval of the concept before proceeding with required preliminary engineering.
[Amended 2-14-1994 by Bill No. 1994-5; 10-17-2006 by Bill No. 2006-11; 12-18-2012 by Bill No. 2012-13]
(1) 
All such plats shall clearly show the reasons for the requested action, be legible and drawn to approximate scale.
(2) 
Once review comments have been received from the Council and approval has been obtained from the Commission, the plat shall be reviewed and approved in accordance with all final plat requirements of this chapter.
F. 
Preliminary plat of entire tract. If, after the minor subdivision of any three lots from a legally established parcel of record as of July 9, 1957, or April 1, 1968, whichever may apply, the Planning Commission determines that it is necessary in order to assure the future coordination of any street, drainage area or other community services or facilities, the Commission may require the preparation of a preliminary plat for up to 100 acres of the entire tract, regardless of current ownership or change in ownership since the original lots were subdivided from the property.
[Amended 6-22-1998 by Bill No. 1998-6; 10-1-2002 by Bill No 2002-15]
G. 
Urban Service District establishment. As a condition of approval for a preliminary plat, the Planning Commission may require, subject to the approval of the County Council, the establishment of an Urban Service District, in accordance with the provisions of the County Code, prior to the approval of any final plat.
[Amended 10-17-2006 by Bill No. 2006-11]
H. 
Denial of preliminary plats. The Planning Commission may deny approval of any preliminary plat of the subdivision of land if, after investigations conducted or recommendations by the public agencies concerned, it is determined that one of the following factors exists in regards to the subdivision:
(1) 
The land is subject to flooding or is topographically unsuitable for residential occupancy or for such other use and the development or occupancy of which may increase the danger to health, life, property or aggravate erosion or flood hazard to future occupants or the general public;
(2) 
Inadequate drainageways or public accessways exist, either on-site or off-site, to serve the proposed development;
(3) 
A subdivision is proposed without frontage on a governmentally owned or maintained street or road;
(4) 
The Health Department has determined that the soils on the site or the water supply serving the subdivision is contaminated and development would pose a danger to the health and safety of the public;
(5) 
The layout of the lots are such that intensive development of the site will create a safety hazard to the future residents of the subdivision or to the general public;
(6) 
The proposed subdivision will not meet the floodplain regulations in Chapter 149, Floodplain Management; or
(7) 
The proposed subdivision does not meet the requirements of this chapter and the applicant is unable to receive a waiver or a variance.
I. 
Appeal of preliminary plat denial. All decisions of the Commission to deny approval of a preliminary plat may be appealed to the County Board of Appeals in accordance with the provisions of Article V, Appeals, § 200-24 of this chapter.
[Amended 7-6-2004 by Bill No. 2004-6]
[Amended 2-15-1977 by Bill No. 1977-2; 2-15-1978 by Bill No. 1978-6; 10-14-1980 by Bill No. 1980-34; 10-15-1982 by Bill No. 1982-13; 2-12-1988 by Bill No. 1988-15; 6-13-1990 by Bill No. 1990-10]
A. 
Scope; procedure. Final plats may be submitted to the Department of Planning, Zoning and Community Development for consideration by the Planning Commission at any time during the year for official action at a public meeting.
[Amended 2-14-1994 by Bill No. 1994-5; 10-17-2006 by Bill No. 2006-11; 12-18-2012 by Bill No. 2012-13]
(1) 
No final plat shall be acted upon by the Planning Commission until the Director of Planning, Zoning and Community Development verifies that the plat meets the following:
(a) 
The actual size of lots, as approved by the Health Department, are shown on the plat.
(b) 
The construction improvements plan has been submitted and approved by the Director of Public Works.
(c) 
All requirements for a final plat as required by this chapter and that it contains the signature of the owner(s), the signature of the surveyor and the signature of the appropriate Health Department official.
(d) 
The preliminary plat has been forwarded to and reviewed by the County Council and its comments received or the time for consideration as set forth in § 200-7A(5) has expired.
(2) 
No final plat shall be acted upon by the Planning Commission except at a public meeting, notice of the time and place of which shall be sent by letter to the applicant or his representative five days before the date of the public meeting; provided, however, that in his application, the applicant may waive such notice, and the approval of any plat exactly as submitted by the applicant shall be deemed a waiver of such notice.
(3) 
Within 60 days of the meeting at which the final plat is first reviewed, the Planning Commission shall approve said final plat, with or without conditions or modifications, or shall disapprove the same.
[Amended 2-14-1994 by Bill No. 1994-5]
B. 
Drafting standards. All final plats shall be prepared in accordance with the following drafting standards:
(1) 
The plat shall be drawn at a scale of one inch equals 100 feet or other appropriate scale approved by the Director of Planning, Zoning and Community Development.
[Amended 12-18-2012 by Bill No. 2012-13]
(2) 
Dimensions shall be in feet and decimal parts thereof to the nearest hundredths and bearings in degrees, minutes and seconds.
(3) 
When more than one sheet is necessary, each sheet shall bear the name of the subdivision and shall be numbered and show its relationship to the total number of sheets.
(4) 
Where any revision is made or when a plat is a resubdivision of a previously recorded plat, dotted or light dash lines shall be used to show features or locations to be changed and solid lines to show the presently proposed features.
(5) 
The perimeter boundary line of the subdivision shall be shown as a solid heavy line, and all proposed lots shall be shown with lines of lesser thickness and/or different patterns.
(6) 
All existing parcels within a proposed subdivision shall be shown by a different line pattern or line weight than the proposed lots and clearly labeled.
(7) 
Easements shall be shown with light dash lines and clearly labeled.
(8) 
All said plats shall be clearly titled "FINAL — NOT FOR RECORDING."
C. 
Information required. The final plat shall show:
(1) 
The date, title, name and location of the subdivision, graphic scale, and true or magnetic North as of the date specified on the plat or shall be referenced to a recognized coordinate system.
(2) 
A location sketch map showing the site in relation to area.
(3) 
The final lines of all streets and roads, alley lines, lot lines, dimensions and sizes, front building setback lines, lots numbered in numerical order and blocks lettered in alphabetical order; reservations, easements, existing structures and any areas to be dedicated to common use or public use or sites for other than residential use with notes stating their purpose and any limitations thereto.
(4) 
Sufficient data to readily determine and to reproduce on the ground the location, bearing and length of every street line, boundary line, block line and front building line, whether curved or straight. This shall include the radius, central angle, tangent, arc length and chord distance for all curved property lines.
(5) 
The names and locations of adjoining subdivisions and streets and the location and ownership of adjoining unsubdivided property.
(6) 
The plat shall be legible, drawn accurately and to scale, and shall be submitted for recordation using black ink on transparent Mylar or linen or black-line photo process comparable to original quality that will conform to the state's archival standards.
(7) 
All courses shown on the plat shall be calculated from the plat meridian.
(8) 
No distance on the plat may be marked "more or less," except on lines which begin, terminate or bind on a marsh, stream or any body of water. When binding on water or marsh, a traverse line (meandering line) may be required with tie-in distances to the waterline.
(9) 
The plat shall show the position by coordinates of all monuments, and monuments shall be set to delineate all perimeter corners of the subdivision and streets, including points of curve and points of tangents. These monuments shall comply with Article 56, § 333(d),[1] of the Annotated Code of Maryland and Code of Maryland Regulations, COMAR 09.13.03.
[1]
Editor's Note: Article 56, § 333(d), of the Annotated Code of Maryland was repealed by the Acts of 1989, ch. 3, § 3, effective 10-1-1989.
(10) 
If the subdivision lies in an area where a recognized coordinate system already is established and traverse points of the system can be found and used, the coordinate values shall be marked in the same datum as those on the points found and identified by datum on the plat.
(11) 
The following certificate shall be placed on the plat and signed by the owner of the land shown on the plat and by the surveyor preparing it. Each plat shall be signed and sealed by a surveyor registered in the State of Maryland:
CERTIFICATE:
"I/we certify that the requirements of the Real Property Article, § 3-108, of the Annotated Code of Maryland, latest edition, as far as it concerns the making of this plat and setting of markers, have been complied with."
(12) 
Certification by the County Health Officer for sewage disposal or water systems shall be shown on the plat.
(13) 
The location and designation of any stormwater management areas shall be shown on the plat.
(14) 
The following note shall appear on the final plat: "NOTE: Final plat approval certifies that the subdivision has been reviewed for stormwater drainage affecting only streets and public areas within its own boundaries, not individual lots."
(15) 
The following information shall also be shown:
(a) 
Chesapeake Bay Critical Area. All final plats for land located in the Chesapeake Bay Critical Area shall be in accordance with the requirements of Chapter 125, Critical Area Resource Protection.
(b) 
The one-hundred-year floodplain. A note indicating that property is located within the one-hundred--year floodplain. The one-hundred-year floodplain line and elevations shall be shown on the plat in accordance with a method approved by the Director of Planning, Zoning and Community Development.
[Amended 12-18-2012 by Bill No. 2012-13]
(c) 
A note indicating that the property is located in an Airport Zoning District and any airport approach, horizontal, transitional or turning surface and an airport clear zone and the identification of any easement related to airport safety, maintenance or operations which may affect the property.
D. 
Copies: Six prints of the final plat shall be submitted to the Department of Planning, Zoning and Community Development for submission to the Planning Commission.
[Amended 12-18-2012 by Bill No. 2012-13]
(1) 
Sheet sizes shall be either 24 inches by 36 inches or 18 by 24 inches.
(2) 
When more than one sheet is required, an index sheet of the same size shall be filed showing the name of the subdivision and entire subdivision, drawn to scale, with the sheets numbered in numerical order as a key.
E. 
Denial of final plats. The Planning Commission may deny approval of any final plat or the subdivision of land if, after investigations conducted or recommendations by the public agencies concerned, it is determined that one of the following factors exists in regards to the subdivision:
[Amended 2-14-1994 by Bill No. 1994-5]
(1) 
The land is subject to flooding or is topographically unsuitable for residential occupancy or for such other use and the development or occupancy of which may increase the danger to health, life or property, aggravate erosion, flood hazard to future occupants or the general public;
(2) 
Inadequate drainageways or public accessways exist, either on-site or off-site, to serve the proposed development;
(3) 
A subdivision is proposed without frontage on a governmentally owned or maintained street or road;
(4) 
The Health Department has determined that the soils on the site or the water supply serving the subdivision is contaminated and development would pose a danger to the health and safety of the public;
(5) 
The layout of the lots are such that intensive development of the site will create a safety hazard to the future residents of the subdivision or to the general public;
(6) 
The proposed subdivision will not meet the floodplain regulations in Chapter 149, Floodplain Management; or
(7) 
The proposed subdivision does not meet the requirements of this chapter and the applicant is unable to receive a waiver or a variance.
F. 
Appeal of final plat denial. All decisions of the Planning Commission to deny approval of a final plat may be appealed to the County Board of Appeals in accordance with the provisions of Article V, Appeals, § 200-24, of this chapter.
[Amended 2-14-1994 by Bill No. 1994-5; 7-6-2004 by Bill No. 2004-6]
G. 
Phased approval. The final plat shall conform substantially to the preliminary plat as approved, except that:
(1) 
At the option of the subdivider, the final plat may cover only that portion of the approved preliminary plat which the subdivider proposes to record at that time, provided that all requirements of Article IV are met for the area included in the final plat.
(2) 
If a final plat is submitted for only a portion of the area approved in the preliminary plat, said subdivider shall have one year from the date of approval by the Commission within which to present a final plat or plats in substantial conformance with the approved preliminary plat, covering that area or areas on said preliminary plat not already recorded on the final plat.
(3) 
The final subdivision of any future phase shall be in conformance with the County's requirements in existence at the time the final plat is approved.
H. 
Record plat.
(1) 
Upon approval of the final plat by the Wicomico County Planning and Zoning Commission, the final plat shall be submitted to the Director of Planning, Zoning and Community Development for recording among the land records of Wicomico County after the signature of the County Health Officer, the Planning Commission Chairman or Vice Chairman and the Director of Public Works are certified thereon.
[Amended 2-14-1994 by Bill No. 1994-5; 12-18-2012 by Bill No. 2012-13]
(2) 
Three copies of the plat of a quality that conforms to the state's archival standards, with all certifications noted thereon, shall be provided to the Director of Planning, Zoning and Community Development for recording, and six black-and-white prints shall be retained for proper distribution.
[Amended 12-18-2012 by Bill No. 2012-13]
(3) 
The subdivider shall pay the cost of recording said plat with the Clerk of the Circuit Court and any related legal agreements.
(4) 
One fully executed copy of any legal agreements required for the control of any common use areas shall be provided.
(5) 
At the time of record plat submission, an electronic plat of the subdivision, drawn to a scale of one inch equals 600 feet shall be submitted to the Director of Planning, Zoning and Community Development. This plat shall show all lots, lot numbers, block lettering, streets, street names and adequate tie-in for the purpose of being able to transpose this subdivision onto the assessment maps of Wicomico County.
[Added 10-14-1991 by Bill No. 1991-14; amended 12-18-2012 by Bill No. 2012-13]
[Added 2-15-1977 by Bill No. 1977-2; amended 6-13-1990 by Bill No. 1990-11; 12-18-2012 by Bill No. 2012-13]
A resubdivision is any modification to a previously recorded plat which results in the division, addition or deletion of lots or the modification of lot lines of previously recorded lots. However, changes occurring as a result of highway, road or street improvements by a public agency which requires additional right-of-way shall not require a resubdivision plat to be recorded. Resubdivision and/or corrected plats shall be prepared in accordance with the following:
A. 
All such plats shall be clearly labeled with the name and notation of "resubdivision plat" and shall meet the requirements of § 200-8, Final plats, except that the plat may be processed administratively by the Director of Planning, Zoning and Community Development. The Director of Planning, Zoning and Community Development or an applicant shall have the right to request that any proposed resubdivision plat be processed by the Planning Board and Zoning Commission under the provisions of this chapter.
B. 
The complete dimensions of all lots involved in the resubdivision shall also be shown on the resubdivision plat where required by the Director of Planning, Zoning and Community Development.
C. 
Resubdivision plats which are corrections to previously recorded plats which do not change the number of lots or the lot area or result in any lot being below the standards required by the Zoning Code may be processed administratively by the Director of Planning, Zoning and Community Development. All such plats shall be labeled "corrected plat," with the date of signing shown thereon, together with the following notation: "in accordance with the provisions of § 200-9 of Chapter 200 of the County Code."
[Added 2-15-1977 by Bill No. 1977-2; amended 6-13-1989 by Bill No. 1989-12; 6-13-1990 by Bill No. 1990-11; 6-14-1993 by Bill No. 1993-17]
A. 
Sketch plats. The sketch plat review and advisory comments and recommendations as prepared by the Planning Commission shall be valid for only one year from the date of the Commission's final review. The Commission may grant an extension upon a showing by the subdivider of a justifiable cause for such extension, provided that each such extension shall not exceed one year at a time.
[Amended 6-22-1998 by Bill No. 1998-6]
B. 
Preliminary and final plats.
(1) 
A preliminary plat shall be submitted to the Director of Planning, Zoning and Community Development within one year from the date of the Planning Commission's review of the sketch plat upon which the preliminary plat is based unless an extension of time is applied for by the subdivider and granted by said Commission.
[Amended 12-18-2012 by Bill No. 2012-13]
(2) 
The approval of the preliminary plat shall become null and void after one year from the date of such approval by the Commission unless a final plat based thereon and complying with § 200-8 is submitted to the Commission within that time or an extension of time is applied for by the subdivider and granted by the Planning Commission. The Commission may grant an extension upon a showing by the subdivider of a justifiable cause for such extension, provided that each such extension shall not exceed one year at a time.
[Amended 6-22-1998 by Bill No. 1998-6]
(3) 
[1]Once a preliminary plat has been approved, final plats may be submitted for only a portion of the site. If a final plat is submitted for only a portion of the area approved on the preliminary plat, a subdivider shall have five years from the date of preliminary plat approval by the Commission within which to present a final plat or plats, including the entire area as shown on the preliminary plat. All such plats shall be in substantial conformance with the approved preliminary plat, covering that area or areas on said preliminary plat not already recorded on a record plat.
[1]
Editor's Note: Former Subsection B(3), regarding submission of plat to County Council, was repealed and Subsection B(4) and (5) renumbered as Subsection B(3) and (4) 2-14-1994 by Bill No. 1994-5.
(4) 
All subdivision plats finally approved by the Wicomico County Planning and Zoning Commission as herein provided must be recorded within three years of the final approval of the subdivision by the Wicomico County Planning and Zoning Commission. If said subdivision plat is not recorded within three years from the date of its final approval by the Planning and Zoning Commission, it shall become null and void and it must be resubmitted for reconsideration by the Commission as a preliminary plat, subject to all requirements in effect at the time it is resubmitted.
[Amended 2-14-1994 by Bill No. 1994-5]
C. 
Extension requests. All requests for extensions of time for a sketch plat, preliminary plat or a final plat shall be made to the Planning Commission, in writing, prior to the expiration of the period prescribed. An extension of time may be granted by the Commission, but such extension shall not relieve the developer from complying with all County regulations which may be in effect at the time a final plat is submitted.
[Amended 2-14-1994 by Bill No. 1994-5]