[HISTORY: Adopted by the Board of County Commissioners of Worcester County 11-3-2009 as Subtitle III of Title 2 of Bill No. 09-1. Amendments noted where applicable.]
The purpose of the minor subdivision review is to ensure that every new lot so created complies with applicable County regulations.
Procedures for submission. The following procedures shall be used in the submission and review of plats for minor subdivisions:
The applicant shall prepare an application together with a plat prepared in accordance with the provisions of § ZS 2-303 hereof.
The applicant shall submit one copy of the executed application and four paper copies of the plat along with the appropriate review fee to the Department. The Department may at its discretion accept electronic copies of the plat.
The Department shall check the plat to determine conformance with the requirements of § ZS 2-303 hereof and:
If the submission is not complete or not in conformity, the Department may decline to accept the plat and return it to the applicant with an indication of the deficiencies; or
If the submission is complete and is in conformity, the Department may accept the application, plat and fee and begin the review process.
Acceptance of plat. Upon acceptance of the minor subdivision plat, the Department shall:
Review the plat for compliance with Title 1, Worcester County Zoning Ordinance, and other applicable regulations;
Immediately forward copies to the Environmental Programs Division for its review and report; and
Inform the applicant of the results of its review and any required changes or other approvals within thirty calendar days following the acceptance of the application. The applicant may submit a revised plat incorporating required changes and approvals.
Approval of plat. Approval of the minor subdivision plat by the Department shall constitute approval by the Planning Commission.
Once approved by the Department the applicant shall provide three Mylar prints of the plat meeting the standards and specifications established by the Clerk of the Court and ten paper copies for the Department signed in black or blue ink by the property owner and qualified preparer of the plat, together with all fees for recording. When the plat has been signed by the Environmental Programs Division, the Chairman, Vice Chairman or Secretary of the Planning Commission shall sign the plat indicating such approval. The Department shall then record the plat among the land records of Worcester County. The paper copies shall be distributed to the appropriate agencies.
Upon recording among the land records of the County, the applicant may sell, transfer or offer to sell and a permit for a structure thereon may be issued for any lot created as part of the approved minor subdivision.
Preparation of plat. All minor subdivision plats shall be prepared in accordance with the following drafting standards:
The plat shall be drawn on sheets not smaller than eight and one-half by eleven inches and not larger than twenty-four by thirty-six inches in size. If more than one sheet is used, an index sheet or key map shall show the entire subdivision, with individual sheets keyed in numerical order.
The plat shall be prepared by either a professional land surveyor or a property line surveyor registered by the State of Maryland and shall be drawn to scale. Any new lot, including the remaining portion of the original parcel where such portion totals five acres or less in area, shall be surveyed. All horizontal dimensions shown on the subdivision plat shall be in feet and decimals of a foot to the closest one-hundredth of a foot and all bearings in degrees, minutes and seconds to the nearest ten seconds, minimum accuracy. Additionally, any minor subdivision that results in the creation of a new public or private road or an access easement serving greater than two lots shall be tied to the Maryland State Plane Coordinates and submitted in electronic format.
Every record plat shall be in recordable form and shall show any new lots, including the remaining portion of the original parcel where such portion totals five acres or less in area. Where the remaining portion of the original parcel is greater than five acres in area, a general description of that portion shall be provided.
Information required on plat. The minor subdivision record plat shall contain:
The name of the subdivision, which shall not be similar or identical to the name of any existing subdivision in the County.
The signatures and names of all owners, which shall be printed below the signature lines.
The signature, name, registration number, seal and mailing address of the surveyor responsible for the plat.
The date of original preparation, date of revisions, North arrow and graphic scale.
A vicinity map with appropriate data identifying the general location of the subdivision.
The property lines for each lot created, including the gross area and buildable area of each new lot but not including the remaining portion of the original parcel unless the remaining portion totals five acres or less in area. Property lines shall be drawn to scale showing metes and bounds.
The names of abutting roads or rights-of-way, if any, including the right-of-way width as listed with the Department of Public Works or State Highway Administration.
The location, width, use and ownership of any rights-of-way or easements, including conservation easements of any type.
Zoning (base and overlay) districts.
The total area in each proposed use.
Deed reference for the parcel being subdivided.
The tax map, parcel, tax district and tax account identification numbers of the subdivided parcel.
The name of the owner, deed reference, tax map, parcel and tax account identification numbers, zoning and use of adjoining properties should be shown in the appropriate areas.
Any existing structures within the subdivision shall be located, labeled and shown with as-built setbacks. Any animal-containment structure within the subdivision or on adjoining properties shall be located, labeled and shown with as-built setbacks. The record plat shall also show any agricultural structure or use subject to the agricultural protection setback set forth in § ZS 1-305(r) hereof that lies within two hundred feet of any new division line and any other structure within fifty feet of any new division line. All such structures shall be labeled as to the use and location, with as-built setbacks provided.
In the case where the residue parcel is less than or equal to five acres in area, the residue parcel shall be surveyed and described by the bearings and dimensions of all property lines and road frontage. In the case where the residue parcel is greater than five acres, the approximate area and road frontage of the residue parcel shall be shown.
The following statement shall appear on the plat: "Based upon the Federal Emergency Management Agency Flood Insurance Rate Map Community-panel Number 240083-__________, dated ____________________, this subdivision is located in zone ______________________________."
Notations of dedications and to whom dedicated.
The following statements, either on the plat or attached to the plat. Signature blocks and statements of public agencies shall also be provided by the applicant where required:
"The grant of a permit or approval of this subdivision shall not constitute a representation, guaranty or warranty of any kind by Worcester County or by any official or employee thereof of the practicability, buildability or safety of any proposed use and shall create no liability upon the County, its officials or employees."
"Any approval by the Environmental Programs Division of any potable water or wastewater system or suitability thereof is based upon state and County standards existing as of the date of approval. Such standards are subject to change and a permit may be denied in the future. In the event that current standards cannot be met as of the date of application for such permit, the approval shown hereon is not sufficient approval for a permit."
"The following streets, roads, amenities and improvements are hereby offered for dedication to the County Commissioners for Worcester County: (here list). A __________-foot-wide strip across the front of ____________________ and the adjoining roadway is offered in dedication for the future widening of ____________________. Acceptance of such offer may take place at any time by appropriate act of the County Commissioners. The County Commissioners are in no way required to accept such offer. The offer may not be withdrawn without the consent of the County Commissioners."
"The nontidal wetlands line as delineated by ____________________ and dated ____________________ and as shown hereon has not been verified by regulatory authorities and therefore may or may not be valid for site development. At the time of site development, the nontidal wetland may be required to be verified in the field by the appropriate government agency. Development shall be required to comply with all regulations and permitting in effect at that time. Any reduction in buildable area below the statutorily prescribed minimum as a result of future regulatory verification or regulation or a change in topography may render the lot or lots as shown hereon unbuildable. The approval of this subdivision shall not constitute a representation, guarantee or warranty of any kind by Worcester County or by any official or employee thereof of the practicality, buildability or safety of any proposed use and shall create no liability upon the County, its officials or employees."
The signature of the Chairman, Vice Chairman or Secretary of the Planning Commission.
The signature of the appropriate designee of the State Department of the Environment.
Recordation of plat. The Department shall record the record plat and forward a receipt of the recordation along with one executed paper copy to the applicant. The applicant may accompany the Department when the Department records the plat. No rights shall vest until the minor subdivision plat is recorded among the land records of Worcester County.
In the event that the Department determines that a proposed subdivision meeting the definition of a minor subdivision will or may have a major impact upon the County or surrounding properties, it may require that the subdivision be processed as a major subdivision subject to all requirements of Subtitle ZS2:IV hereof. In addition, the Department may at any time it deems necessary forward a minor subdivision plat to the Planning Commission for its review and/or approval, subject to the requirements of Subtitle ZS2:III.