Before any subdivision plan or site plan receives
final approval, the Commission shall require that all public facilities
which will be affected by the subdivision plan or site plan are adequate
at the time of approval or will become adequate in the near future.
The Commission shall incorporate all conditions included herein and
may impose any other conditions on the subdivision plan or site plan
to ensure that the Town has the ability to provide for itself or to
receive from the appropriate authority or governing body any and all
improvements, facilities and/or special services that are essential
to the health, safety, general welfare, environment and quality of
life in the Town. Whenever any one or a combination of these conditions
are not met or facilities are deemed inadequate by the state, county,
Town or its hired agent, the Commission shall deny or defer the approval
of the plan until such time as the conditions are met or the inadequacies
are provided for or assured.
A.
Before any concept plan is given approval, the Commission
must consider the following and inform the developer:
(1)
Whether the proposed subdivision will create or add
to an inadequacy of any public school expected to serve the proposed
subdivision;
(2)
Whether the proposed subdivision will create or add
to an inadequacy of any street, street section or intersection;
(3)
Whether the proposed subdivision will create or add
to an inadequacy in fire or police protection, emergency services
or recreation facilities;
(4)
Whether adequate sewerage facilities exist for the
proposed subdivision;
(5)
Requirements of the Town Code for provision of potable
water must be made known to the developer.
B.
The Commission shall inform the developer of any concerns
regarding the proposed development and may provide the developer such
information as is available regarding existing facilities.
A.
Before giving preliminary plan approval, the Commission
must receive written certification for the following, verifying that
the proposed subdivision meets or will meet all requirements for adequacy.
The Commission shall deny or defer approval of the plan if any one
or more of the following conditions cannot be met:
(1)
The Commission shall certify the adequacy of all public
schools that will serve the proposed subdivision. Adequacy information
shall be obtained from the Board of Education. The following definitions
shall be used in determining inadequacy:
(2)
The Commission shall deny preliminary approval of
the proposed subdivision if a school is deemed inadequate, unless
there is a school construction or expansion project or an approved
plan for redistricting students that will eliminate the inadequacy
projected to be funded within three years of preliminary approval
according to the most recently adopted Capital Improvements Program
(CIP) of Carroll County.
B.
The Commission shall require that all streets and
intersections that are to serve the proposed subdivision be certified
as to their adequacy by a licensed firm hired by the Town with the
costs borne by the developer. The Commission shall designate the area
that must be certified within 60 days of concept plan approval. The
Commission shall also require county certification if a county road
is in the designated area. If any street or intersection is deemed
to be inadequate, the Commission must receive reasonable assurance
that a solution to the inadequacy will be implemented within four
years of the date of preliminary plan approval. The firm providing
the certification for the Town shall utilize the methodology found
in the current edition of the Highway Capacity Manual for the rating
of all streets and street sections. The firm shall utilize the methodology
of critical lane analysis in the rating of all intersections. Ratings
of A, B, C or D will be deemed adequate. A rating of E or F will be
deemed inadequate.
C.
The proposed subdivision shall be certified by the
County Fire Protection Engineer and the Chief of the New Windsor Fire
Department as to the New Windsor Fire Department ability to adequately
access the proposed subdivision and to adequately respond and provide
the necessary fire protection and emergency services.
D.
The Carroll County Sheriff's Office shall certify
as to the ability of his office to provide adequate police protection.
A ratio of one officer to every 1,000 citizens shall be deemed adequate.
E.
The Town of New Windsor or its designer shall certify
as to the Town ability to provide the sewerage capacity necessary
for the proposed subdivision.
F.
The Commission shall require that all proposed subdivisions
comply with water and wastewater requirements according to the regulations
of the Code of the Town of New Windsor.
A.
Before granting final plan approval, the Commission
must receive written certification for the following, verifying that
the proposed subdivision meets or will meet all adequate conditions.
The Commission shall deny or defer approval of the plan if any one
or more of the following conditions cannot be met:
(1)
The Commission shall recertify the adequacy of all
public schools that will serve the proposed subdivision. The latest
available adequacy information shall be obtained from the Board of
Education. The following definitions shall be used in determining
inadequacy:
(2)
If a school is deemed at this stage of review as approaching
inadequacy the Commission may decrease the number of lots to be approved
or limit the number of permits to be issued per year. This provision
may be applied when enrollment projections indicate the school will
become inadequate during the course of the development of the subdivision
and there is no school project forecasted in the latest Capital Improvements
Program of Carroll County that will eliminate the projected inadequacy.
The Commission shall deny final approval of the proposed subdivision
if a school is deemed to be inadequate, unless there is a school project
slated in the latest Capital Improvements Program of Carroll County
that will eliminate the inadequacy and is funded for construction
to begin within two years of final approval.
B.
All proposed subdivisions must meet water and wastewater
requirements according to the Code of the Town of New Windsor, and,
if applicable, wells must be certified by the Maryland Department
of the Environment as to both the quantity and quality as set forth
in that Department's regulations.
C.
The Commission shall require that all streets, street sections and intersections that were in the area designated in the previous approval process be recertified for adequacy according to the procedure outlined in § 175-19B hereof. If any street, street section or intersection is certified as inadequate, the Commission must be assured that a solution will be in place within three years of the date of final approval. If an inadequacy exists, the Commission may decrease the number of lots to be approved, limit the number of permits to be issued per year, or deny final approval of the plan.
D.
When a project has been denied or deferred due to
a certified inadequacy of a facility, that project shall be assigned
a place in a queue and further processing of the plan shall be deferred
until the inadequacy is remedied or projected to be remedied in accordance
with conditions listed elsewhere in this section.
E.
If no remedies for the inadequacy are in place within
four years, any approvals shall be null and void and the plan resubmitted.
Any plan resubmitted shall be subject to the regulations in force
at the time of resubmittal.
The Commission may, in its discretion, recommend
to the New Windsor Mayor and Council that an exemption from an adequate
facility requirement be made. If a recommendation for such an exemption
is made by the Commission, the approval or disapproval of a proposed
subdivision plan will be deferred until such time as the Council makes
a determination. The Council shall hold a hearing promptly after the
recommendation and shall render a decision at the next Council meeting
following the hearing. If the Council grants the exemption, the Commission
shall approve the plan. If the Council grants the exemption with conditions,
the Commission can approve or disapprove the plan at its discretion.
If the Council denies the exemption, the Commission shall disapprove
the plan.
