[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Table 7-1 summarizes the bodies that make recommendations or decisions on the applications authorized by Chapter
190.
Table VII-1. Development Review Authority
R = Recommendation; D = Decision; A = Appeal
|
---|
|
Procedure
|
Advisory and Decisionmaking Bodies
|
---|
County Council
|
Planning Director
|
Planning Commission
|
Board of Appeals
|
Historic Preservation Commission
|
Short-Term Rental Review Board
|
---|
County Council Authority
|
Zoning text amendment
|
D[1]
|
|
R
|
|
|
|
Zoning Map amendment
|
D[1]
|
|
R
|
|
R[2]
|
|
Establishment of Critical Area boundaries, land use designations,
and Modified Buffer Areas
|
D[1]
|
|
R
|
|
|
|
Growth allocation in the Critical Area
|
D[1]
|
|
R
|
|
|
|
Solid waste disposal facility
|
D[1]
|
|
R
|
|
|
|
Comprehensive water and sewerage plan amendments
|
D
|
|
R
|
|
|
|
Board of Appeals Authority (Planning Director for specified
minor applications)
|
Special exception
|
|
D[3]
|
R
|
D
|
|
|
Reasonable accommodation
|
|
|
|
D
|
|
|
Administrative appeal
|
|
|
|
D
|
|
|
Minor modification of nonconforming use
|
|
D
|
|
A
|
|
|
Expansion of nonconforming use
|
|
|
R
|
D
|
|
|
Variance
|
|
|
|
|
|
|
Major
|
|
|
|
D
|
|
|
Minor
|
|
D
|
R[4]
|
A
|
|
|
Planning Commission Authority (Planning Director for specified
minor applications)
|
Site plan
|
|
|
|
|
|
|
Major
|
|
D[3]
|
D
|
A
|
R[7]
|
|
Minor
|
|
D
|
R[5]
|
A
|
|
|
Administrative
|
|
D
|
|
A
|
|
|
Subdivision
|
Major
|
|
|
D
|
A
|
R[7]
|
|
Small-scale
|
|
|
D
|
A
|
R[7]
|
|
Minor
|
|
D
|
R[5]
|
A
|
R[7]
|
|
Revision plat
|
Major
|
|
|
D
|
A
|
|
|
Minor
|
|
D
|
R[5]
|
A
|
|
|
Waiver
|
|
D(6)
|
D(6)
|
A
|
|
|
Historic Preservation Commission Authority
|
Certificate of appropriateness (HDO District)
|
|
|
|
A
|
D
|
|
Planning Director Authority
|
Use certificate
|
|
D
|
R[5]
|
A
|
|
|
Nonconforming status certificate
|
|
D
|
|
A
|
|
|
Interpretations of zoning regulations or maps
|
|
D
|
R[5]
|
A
|
|
|
Sign permit
|
|
D
|
|
A
|
|
|
Developer agreement
|
|
D
|
|
A
|
|
|
Short-Term Rental Review Board
|
Short-term rental license
|
|
R[8]
|
|
A
|
|
D
|
Notes on Table VII-1:
|
[1]
|
The Critical Area Commission must approve if application is
within or related to the Critical Area.
|
[2]
|
The Historic Preservation Commission must make a recommendation
on use of the Historic Overlay Zone.
|
[3]
|
Minor amendments to a special exception or a major site plan
may be approved by the Planning Director.
|
[4]
|
The Planning Commission makes a recommendation if minor variance
is from Critical Area requirements, impacts the Shoreline Development
Buffer, or varies any requirement by more than 10%. The Planning Director
may request a Planning Commission recommendation on any other minor
variance.
|
[5]
|
The Planning Director may request that the Planning Commission
provide a recommendation.
|
[6]
|
The decisionmaking authority for the related plan makes the
decision on the waiver application.
|
[7]
|
The Historic Preservation Commission provides comments if the
plan impacts an historic resource.
|
[8]
|
The Planning Director may provide a recommendation to the Short-Term
Rental Review Board for new licenses and issues renewal licenses.
|
Applications submitted pursuant to this chapter shall be processed
in accordance with the procedures of this section and any other procedures
established in this chapter for a specific decisionmaking body or
type of application.
54.1 Preapplication meetings.
A. The purpose of a preapplication meeting is to provide an opportunity
for an applicant or landowner to present the nature of the proposed
application, understand the development review process, discuss any
zoning, infrastructure, environmental and cultural resource characteristics
and issues of a particular property, and identify development alternatives.
B. A preapplication meeting with the Department of Planning and Zoning
shall be required for site plans, major or small-scale subdivision
plans and STAR Floating District applications and is optional for
all other applications. The meeting shall be scheduled by the Department
of Planning and Zoning at its request or upon request of the applicant.
C. In addition to the applicant or his representative(s) and the Department
of Planning and Zoning, the meeting shall include appropriate County
reviewing agencies and may include representatives of any other public
agency that may have an interest in or be affected by the proposed
development. All comments provided by reviewing agencies are considered
non-binding.
D. To facilitate discussion at the preapplication meeting, a concept
plan, a narrative of the land use proposal and any known existing
site conditions shall be submitted to the County.
E. The meeting may include discussion of the applicant's potential future
plans for the site, including possible subdivision or development
not proposed in the current application.
54.2 Submission of applications.
A. Application forms and submittals.
1. The Planning Director shall publish application forms and a checklist
of required information for all applications authorized by this chapter.
2. The required information for special exceptions, variances and administrative appeals shall include the materials required by Chapter
20 of the Code.
3. The Planning Director shall have the authority to request additional
information not specifically listed on the application forms to ensure
compliance with this Code.
4. All applications must be accompanied by required fees in accordance
with the fee schedule established by the County Council.
B. Review for completeness. Unless otherwise specified in Chapter
190, all proposed development shall be subject to the following:
1. A complete application accompanied by all required fees shall be
submitted prior to the regularly scheduled meeting of the applicable
advisory or decisionmaking body where the request is considered. The
Planning Director has the discretion to not schedule an application
for the next regularly scheduled meeting if the Planning Director
determines more time is needed to investigate and prepare a review
in order to make an appropriate presentation before the applicable
advisory or decisionmaking body.
2. All applications shall be submitted to the Department of Planning
and Zoning. The applicant shall submit paper copies of the application
to the Planning Director for staff review of completeness. The Director
may require a greater or fewer number of copies of the plan as it
determines to be appropriate. If produced electronically, an electronic
copy of the required submission materials (plats, plans, exhibits,
studies, reports, legal documents and letters) shall also be included
with each submission in standard digital format as specified by the
Planning Director.
3. The Planning Director shall determine, within 15 days, if the application
is complete. No application shall be deemed complete unless all the
information required is included, and all filing fees have been paid.
4. If an application is determined not to be complete, the Planning
Director shall specify those parts of the application which are deficient
and list additional information that must be supplied. No further
action on the application shall be taken until the deficiencies are
remedied and the application shall not be processed until deemed complete.
5. The Planning Director's determination that an application is deemed
complete is solely for the purpose of determining whether preliminary
information required for submission with the application is sufficient
to allow further processing and shall not constitute a determination
that the application meets requirements for approval and shall not
preclude a request for additional information or materials in the
future to complete the review of the application.
6. The provisions of this subsection shall not be construed as requiring
an applicant to submit, with the initial application, the entirety
of the information which the reviewing agency may require in order
to take final action on the application.
7. When the application is determined complete, copies of the application
shall be distributed to the appropriate reviewing agencies or decisionmaking
bodies.
C. Coordinated processing. If more than one type of application is required
by this chapter for a particular development proposal, the Planning
Director will, to the extent possible, provide for concurrent review
of applications related to the same proposed development or activity.
54.3 Notification of Critical Area Commission.
A. If an application for a Zoning Map amendment, special exception,
variance, site plan or subdivision plan involves development located
wholly or partially within the Critical Area:
1. The Planning Director shall send the application to the Critical
Area Commission at least two weeks prior to a scheduled public meeting
before the decisionmaking body for the application.
2. The Planning Director shall notify the Critical Area Commission of
the decision to approve or deny the application within 10 days of
the decision.
3. If the application is for a variance to a Critical Area requirement,
the County shall provide the Critical Area Commission with a copy
of the written decision approving or denying the variance within 10
working days after the decision is issued.
B. Comments received from the Critical Area Commission in response to
an application shall be forwarded to the body considering the application
for its consideration at the public hearing or public meeting. No
final decision shall be made on the application until the County has
received notification that the application was received by the Critical
Area Commission.
C. Amendments to the Critical Area requirements of this chapter and
applications for growth allocation, if approved by the County Council,
require approval by the Critical Area Commission in accordance with
§ 190-55.1.D below.
54.4 Fees.
A. Fee schedule. The County Council shall establish by resolution a
schedule of fees for applications, licenses and other items for which
a fee is required. Required fees shall be paid at the time of filing.
Processing of an application shall not commence until required fees
are paid.
B. Third party review. Where the requirements of this chapter for a
particular application or land use authorize an agency, board or commission
of Talbot County to obtain third party review of material submitted
with the application, the cost of such review shall be paid by the
applicant.
54.5 Public notice. Public notice shall be provided of public meetings or hearings required by this chapter as specified below, unless different requirements are specified in this chapter for the particular type of application. Public notice requirements for Board of Appeals hearings are in Chapter
20 of the Code.
A. Publication of agendas.
1. An agenda shall be published for public meetings or hearings held
under the provisions of this chapter. The agenda shall be published
prior to the meeting, shall be available to the public in the Department
of Planning and Zoning, and shall be made available through other
means as required by specific provisions of this chapter, by the rules
of procedure of the particular body, or as deemed appropriate by the
Planning Director.
2. The agenda shall include the date, time and location of the public
meeting or hearing and shall list, for each application, the file
or case number, the location of the property, and the type of application.
B. Posting, advertising and mailed notice. Where this chapter requires
posting of property, newspaper advertisement, or mailing to adjacent
property owners, the following shall apply:
Table VII-2. Public Notice Requirements
|
---|
1. Posting on Property
|
2. Newspaper Advertisement
|
3. Mailing to Adjacent Property Owners
|
---|
a. Parties responsible; action
|
Planning Director provides sign; applicant installs sign on
property
|
Department of Planning and Zoning provides text and submits
advertisement to newspaper; applicant bears the cost as part of the
application fee
|
Unless noted otherwise herein, the Department of Planning and
Zoning mails meeting notice to the owners of all adjacent properties.
The notice is mailed to the address to which the real estate tax bill
on the property is sent. Applicant is responsible for providing mailing
list and postage fees.
|
b. Contents of notice
|
Sign must state that there is a pending zoning application and
provide the telephone number of Planning Office
|
Newspaper advertisement and mailed notice shall state:
|
i.
|
The date, time and location of the meeting or hearing;
|
ii.
|
A summary of the purpose of the proceeding in sufficient detail
to inform the public of the nature of the proceeding;
|
iii.
|
The location of the property, its area, name of owner, file
or case number of the proceeding, and the name of the governmental
body before whom the meeting is to be conducted; and
|
iv.
|
Other information deemed necessary by the Planning Director
to adequately inform the public of the proceeding.
|
c. Specifications
|
i.
|
Minimum sign dimensions: 2 feet by 2 feet
|
|
Adjacent properties include:
|
ii.
|
Location: within 10 feet of the right-of-way of the most traveled
public road abutting the property, or as assigned by the Planning
Director to maximize public visibility of the sign
|
i.
|
Properties contiguous to the property with which the meeting
is concerned;
|
ii.
|
Properties separated by a road, easement or right-of-way; and
|
iii.
|
Maintain in a visible location and free from obstruction by
vegetation
|
iii.
|
Properties within 1,000 feet whose line of sight to the subject
property is entirely over water.
|
d. Timing
|
Post sign at least 15 days prior to the meeting or hearing date;
remove within five days after the conclusion of the last public meeting
or hearing on the application
|
Advertise once in a newspaper of general circulation in the
County; publication date shall be at least 15 days prior to the meeting
date
|
Notices must be postmarked at least 15 days prior to the meeting
or hearing
|
e. Special circumstances
|
If the applicant is a person other than the owner, the owner's
attorney or agent, and the applicant files an affidavit stating that
the owner is unwilling to permit posting of the sign, the posting
shall be made by the Planning Director.
|
|
Failure of a person to receive the notice prescribed in this
section shall not impair the validity of the public meeting or hearings.
|
f. Proof of advertising required
|
Applicant shall affirm by affidavit that the sign has been continuously
posted in compliance with this section up to the time of the meeting.
|
Department of Planning and Zoning shall provide proof of publication
as part of the official record of the application.
|
Applicants required to mail notice shall submit certificates
of mailing, signature receipts, or comparable proof of mailing to
the Planning Director at least 15 days prior to the hearing.
|
g. Notification for continued hearing
|
The sign shall be maintained until the close of the hearing
on the case.
|
If a meeting is held and continued, a new newspaper advertisement
shall not be required.
|
If a meeting is held and continued, a new mailing to the adjacent
property owners shall not be required.
|
54.6 General procedures for Board of Appeals applications.
A. The Board of Appeals shall hear and decide on applications for special
exceptions, variances, expansion of nonconforming uses, and reasonable
accommodation for needs of disabled citizens, as authorized by this
article.
B. In addition, any person aggrieved by a final order or decision of the Planning Director, Planning Commission or Historic Preservation Commission may file an administrative appeal with the Board of Appeals in accordance with Chapter
20 of the County Code.
C. Procedures for the Board of Appeals are given in Chapter
20, Board of Appeals, of the County Code.
This chapter shall be administered and enforced by the Planning Director and the Chief Code Compliance Officer, who may delegate such duties and responsibilities as they determine appropriate and who may be assisted by subordinate enforcement officials. Such enforcement officials shall have authority to issue administrative orders, determine reasonable abatement periods and procedures, enter into abatement agreements on behalf of Talbot County, issue civil citations, and exercise such other incidental powers as are necessary or proper to enforce the terms of this chapter in accordance with Chapter
58 of the Talbot County Code. The Chief Code Compliance Officer shall have authority pursuant to Chapter
58 to assess civil monetary penalties for violations of this Chapter
190.