Town of Manchester, MD Requirements for Nonresidential Subdivision

Applications for new buildings or for any alterations or modifications of an existing building may be subject to a site plan review by those agencies determined appropriate by the Zoning Administrator, who, following any referral to such agencies, shall cause the plan to be presented to the Commission, which shall have the authority to approve the plan as presented, approve the plan with modifications or conditions or disapprove it. No zoning certificate and/or building permit shall be issued by the Zoning Administrator until the Commission has approved the plan. In approving site development plans, the Commission will have full authority to:

(1)

Approve the location and design of all site improvements.

(2)

Limit the number and approve the design of entrances and exits.

(3)

Approve lighting arrangements to ensure no visual interference to traveling public and adjacent roadways or glare or reflections on adjacent buildings.

(4)

Require a binding agreement backed by bond or other surety provided to the Town of Manchester prior to the completion of the site development plan and/or the fulfillment of any conditions attached thereto.

(5)

Require a traffic impact study be performed by the owner, by a licensed firm hired by the Town of Manchester, with the costs borne by the developer. The Commission may require the owner to take any action necessary to ensure the adequacy and safety of transportation that are affected by the proposed improvements, and the Commission may require the owner to enter into a PWA, secured by a suitable guaranty, which implements any requirements of the Commission. The owner may be required to contribute to a fund to be used to upgrade the transportation facility which is determined to be inadequate on a basis that prorates the effect of the development on the transportation facility.

(6)

Require certification of the adequacy of public facilities by the agencies having jurisdiction over public facilities in the Town, including, but not limited to, the following: public water and sewer facilities, police protection, roads and traffic control devices, storm drain facilities, emergency service facilities, and solid waste disposal facilities. The Commission may consider and may use the failure of any agency to certify the adequacy of any public facility or service to serve a proposed site as a basis for disapproval of a site development plan.

(7)

Ensure conformity with the Master Plan and relevant sections of this Code.

Exceptions to these site plan regulations, unless required by other regulations in the Code, are:

(1)

Single-family dwelling.

(2)

Construction of accessory use buildings in conjunction with dwelling units of two or fewer units.

(3)

Construction of accessory use buildings in conjunction with operating farm usage.

(4)

Situations in which the Zoning Administrator determines a site plan is not necessary.

A site plan shall become void 18 months after the date of written approval by the Commission unless a building permit or zoning certificate has been issued for the project. In the event the building permit or zoning certificate is revoked or is terminated prior to the issuance of a final use and occupancy certificate, the site plan becomes void on the date of revocation or termination. The Zoning Administrator may extend the time for completion of the project beyond 18 months when reasonably necessary.

The Commission may authorize the Chair or Secretary to act on its behalf for purposes of this section. When so authorized, the person so acting has all of the powers and duties of the Commission which may be imposed or granted by this section. The Chair or Secretary of the Commission or the applicant may require that the site plan be reviewed by the Commission.

The Zoning Administrator shall determine the review process for site plan amendments, accessory uses, and expansions or changes of nonconforming uses.