A.
A developer shall, prior to preparing and submitting
a preliminary subdivision plan, present a concept plan of the proposed
subdivision in compliance with this chapter. The Town will notify
the developer of the Planning Commission meeting at which the plan
will be discussed.
B.
The developer must give written notice to adjoining
and confronting property owners by US first class mail, postage prepaid,
of the time and place of the Planning Commission meeting at which
the plan will be discussed; said notice shall provide a brief description
of the location of the project and the type of development proposed.
The purpose of this notice is solely to advise such owners of the
proceedings and does not bestow any rights beyond what otherwise exist.
The notice must be mailed at least 15 days prior to the meeting, and
the developer shall provide the Planning Commission with a certification
of mailing or delivery no less than 10 days prior to the hearing.
Notice shall be deemed adequate if a timely certification is filed
regardless of actual receipt by the owners.
C.
The concept plan shall include the following:
(1)
Areas where clusters of housing units may be located
(placed in groups of 25 or more units);
(2)
Proposed road network;
(3)
Areas of 25% slope or greater;
(4)
Open space and recreational areas;
(5)
Streams;
(6)
Wetlands, floodplains and/or habitat protection easements,
etc.;
(7)
Ground or surface water protection zones, if applicable;
(8)
Historic sites, if applicable;
(9)
All adjoining property by use (i.e., dwelling, forested
areas, etc.);
(10)
Point source of all utilities which will be
tapped into, including, but not limited to, gas, water, sewer, electric,
storm drains, natural or open drainage areas, etc.
D.
After acceptance by the Town the Planning Commission
shall review a concept plan. The developer will be informed of any
generally known inadequacies, and will discuss the proposed development
with the Commission. Thereafter, the developer shall formally submit
a preliminary subdivision plan.
E.
Only one concept plan of subdivision may be accepted
for review on any parcel at one time. Revised plans accepted by the
Town shall supersede any previous submission of a plan.
A.
A preliminary plan shall be submitted to the Bureau.
The preliminary plan shall address all review agency comments on the
concept plan. The preliminary plan must be prepared by a licensed
architect or registered civil engineer.
B.
Information shown on the preliminary subdivision plan
shall be to scale and shall include proposed uses, grades, approximate
dimensions and locations of proposed structures, streets, signs, parking
areas, lighting, walkways, easements, and property lines, as well
as any other requirements of the Bureau or the Commission.
C.
Contents; compliance required; minor and major changes.
(1)
The preliminary subdivision plan shall also include
the housing types and architectural plans which shall be duly noted
on the record plat. The application for building permit shall include
a description of the proposed improvements sufficient to check compliance
with the approved plan for each lot. Any building permit shall be
conditioned upon construction in compliance with said application.
The issuance of a use and occupancy permit shall be conditioned upon
compliance with the approved plan and building permit application.
The preliminary subdivision plan shall also include an explanation
of improvements to be done by developer to make the open space usable
and accessible.
(2)
After approval of the preliminary plan by the Commission,
any major change therein shall require a resubmission of such plan
to the Planning Commission for approval. Minor changes in the plan
may be approved by the Chairman of the Planning Commission alone.
The Chairman shall have sole discretion to decide whether a proposed
change is major or minor and the Chairman's determination on this
point shall be conclusive.
D.
The preliminary plan shall be accompanied by a certificate
of title prepared and signed by an attorney licensed to practice law
in the State of Maryland and in a format approved by the Town verifying
that the owners hold good and merchantable title and describing any
encumbrances or liens on the property or restrictions of title.
E.
Housing types and mix. Dwelling units in new developments
may include single-family, two-family, and multifamily structures,
including condominiums and townhouses, based on density allowed in
the zoning district in which the project is located. The Planning
Commission may require a mix of housing types within a project and
may require certain percentages of the different housing types. If
only part of the project is presented for approval, the Planning Commission
may impose conditions on the remainder to preserve the intent of the
approval as to future development. The Planning Commission may also
approve places of public assembly, recreational buildings, and accessory
buildings, if primarily for use by persons residing within the project
community, and if located and planned in a manner not detrimental
to adjacent properties.
F.
Approval of housing types and mix. The housing types
shall be submitted by the developer to the Planning Commission for
approval as part of the preliminary subdivision plan. The housing
types shall be submitted with an explanatory statement detailing why
the proposal is appropriate. The Planning Commission shall consider
market conditions, construction costs, land characteristics, visual
appearance, continuity of development of the Town, the need for affordable
and elderly housing, neighboring uses, proximity of project to areas
of historical significance, and such other factors it deems relevant
to approve the housing types, or mix of housing types, project wide.
If less than the entire project property is being developed, the explanatory
statement shall include a conceptual description as to how the proposal
affects the potential future development of the remainder of the project
property.
G.
Architectural review. Architectural elevations and
renderings, and proposed construction materials for all exterior finishes,
for each proposed lot shall be submitted by the developer to the Planning
Commission as part of the preliminary subdivision plan. The architectural
elevations and renderings and proposed construction materials for
exteriors for each proposed lot shall be submitted with an explanatory
statement explaining why the proposal is appropriate. The Planning
Commission shall consider market conditions, construction costs, land
characteristics, visual appearance, continuity of development of the
Town, projected impact on quality of future development in the immediate
neighborhood so as to perpetuate a standard of high quality development
in the Town and its environs (as compared to the competing market
areas in the region), and such other factors it deems relevant to
approve or disapprove the architecture, or architectural mix, of the
buildings project wide.
H.
Open space. Within the project, dwelling types may
be arranged to promote clustering, at the discretion of the Planning
Commission. The land derived from reduction of lot sizes as a result
of clustering from the minimum lot size in the district to size allowed
hereunder shall be provided as open space. In any event, common open
space shall comprise not less than 25% of the gross area of the property
subdivided. Such space shall include land area to be developed as
recreational areas or which is designated for the common use of all
occupants of the development or the general public, but shall not
include streets, off-street parking areas, or utility easements. Location
of common open space shall take into consideration the existing common
open space in Town, proximity and access to nearby public buildings
or gather places (schools, churches, historic downtown, shopping areas,
etc.), and opportunities for connections to walkways, linear trails
or greenways. It is the intent that open space shall be usable, therefore
wetlands, watercourses and/or land with slopes of greater than 25%
shall account for no more than 1/3 of the open space. The developer
shall furnish satisfactory evidence that such open space will be continued
and that perpetual maintenance is provided for. The Planning Commission,
upon approval by the Town Council, may permit the open space to be
dedicated to the Town. When considering open space, priority shall
be given to protecting streams, wetlands and other environmentally
sensitive areas. For projects of 15 acres or less, restrictive covenants
on private lots protecting adequate areas from activity or providing
cross-easements for others may be used in lieu of actual dedication
of open space.
I.
Approval process.
(1)
The Bureau shall submit its findings and recommendations,
together with those of the other review agencies concerned with the
subdivision of land, to the Commission.
(2)
In accordance with this chapter, the Commission shall
approve or disapprove the preliminary subdivision plan or may approve
it with modifications or conditions. If approval with modifications
or conditions is the action of the Commission, a statement in writing
shall be furnished by the Commission to the developer indicating the
conditions with which the development shall comply.
(3)
If the preliminary subdivision plan is disapproved,
the Commission shall notify the developer in writing of the reasons
for the disapproval.
(4)
Commission approval of a preliminary subdivision plan
does not guarantee any further approval.
(5)
Certification provisions for the adequacy of public
facilities in accordance with this chapter shall be met at this time.
J.
The preliminary plan shall indicate the method by
which the proposed subdivision will comply with all other applicable
requirements of the Town and County Codes.
K.
Sunset provision.
(1)
A preliminary plan of subdivision shall become void
12 months after Planning Commission approval unless such plan has
received final approval by the Commission prior to that date.
(2)
The Commission may extend the time to obtain final
approval or for recordation of the subdivision plat if and to the
extent reasonably necessary.
L.
Required dedication of land for roadway widening along
existing public roads shall be made for the length of the original
parcel being subdivided. The dedication shall be 30 feet from the
center line of an existing county road, unless modified by the Commission.
M.
The developer shall not be required to plat remaining
portions greater than 20 acres. All remaining portions shall, unless
part of the subdivision plat, be depicted on an insert sketch as part
of the notes on the subdivision plat.
N.
Only one preliminary plan of subdivision may be accepted
for review on any parcel at one time. Revised plans accepted by the
Bureau shall supersede any previous submission of a plan.
A.
A proposed final subdivision plan submitted for Commission
approval shall be prepared in accordance with these regulations and
shall incorporate those changes or additions ordered by the Commission
in its approval of the preliminary subdivision plan. The submission
of the plan shall represent certification from the surveyor or engineer
that all conditions of approval relating to the preparation of the
final plan have been addressed, and shall indicate compliance with
all applicable county, municipal, state, or federal requirements.
B.
The final subdivision plan shall include all of the
area covered by the preliminary subdivision plan. If the project is
phased in accordance with this chapter or conditions set by the Commission,
only one phase may be accepted for review at one time.
C.
The submission of any final construction plans shall
be accompanied by a copy of the proposed final subdivision plat. Prior
to submission, the final construction plans must be approved by those
reviewing agencies specified by the Commission.
D.
Approval process.
(1)
The Bureau shall submit its finding and recommendations,
together with those of the other review agencies concerned with the
subdivision of land, to the Commission.
(2)
In accordance with this chapter, the Commission shall
approve or disapprove the final subdivision plan or may approve it
with conditions with respect to the timing of recordation, building
permits, or mitigation. If approval with conditions is the action
of the Commission, a statement in writing shall be furnished by the
Commission to the developer indicating the provisions with which the
development must comply.
(3)
If the final subdivision plan is disapproved, the
Commission shall notify the developer in writing of the reasons for
the disapproval.
A.
Title and graphic information to be shown on the final
subdivision plat shall be as required on the approved final subdivision
plan except contour lines and shall clearly show all items required
by § 3-108 of the Real Property Article pertaining to the
preparation of record plats.
B.
Space shall be provided on the final plat for the
following signatures and dates:
C.
The final subdivision plat shall be legibly and accurately
prepared on archive quality media 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 Bureau, one
inch equals 50 feet or one inch equals 100 feet, depending upon the
size of the subdivision. The developer shall file with the Bureau
the necessary copies for recording and distribution as required by
the Bureau.
D.
A certificate signed by the owner and by the surveyor
shall be affixed to the plat as required by the Real Property Article.
E.
The final subdivision plat shall clearly show, with
metes and bounds, that area which is to be deeded to the Town, county
or the Maryland State Highway Administration for public use and shall
be accompanied by a deed executed by the owner conveying the land
so depicted.
F.
All streets shown on the final subdivision plat shall
be extended to the limits of the property as may be required by the
Town or as may be required by the Commission.
G.
As to any tract or parcel of land submitted for subdivision
approval, final subdivision plats for all or parts thereof shall contain
no more than 25 lots to be recorded for said tract or parcel per fiscal
year, unless another number of lots is specifically authorized by
the Commission.
H.
All plats shall be submitted on a labeled CD-ROM in
a digital format compatible with the county's current geographic information
system.
I.
Any easement or right-of-way required by this chapter
or any other chapter of the Code shall be secured and shown on the
final plat including recording references.
J.
Prior to recordation of a final subdivision plat,
the developer and the Town shall execute a binding agreement including
surety to assure completion of the subdivision plan.
