[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.
(a)
Procedures for submission. The following
procedures shall be used in the submission and review of plats for
minor subdivisions:
(1)
The applicant shall prepare an application together with a plat
prepared in accordance with the provisions of § ZS 2-303
hereof.
(2)
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.
(3)
The Department shall check the plat to determine conformance
with the requirements of § ZS 2-303 hereof and:
A.
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
B.
If the submission is complete and is in conformity, the Department
may accept the application, plat and fee and begin the review process.
(b)
Acceptance of plat. Upon acceptance of
the minor subdivision plat, the Department shall:
(1)
Review the plat for compliance with Title 1, Worcester County
Zoning Ordinance, and other applicable regulations;
(2)
Immediately forward copies to the Environmental Programs Division
for its review and report; and
(3)
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.
(c)
Approval of plat. Approval of the minor
subdivision plat by the Department shall constitute approval by the
Planning Commission.
(1)
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.
(2)
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.
(a)
Preparation of plat. All minor subdivision
plats shall be prepared in accordance with the following drafting
standards:
(1)
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.
(2)
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.
(3)
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.
(b)
Information required on plat. The minor
subdivision record plat shall contain:
(1)
The name of the subdivision, which shall not be similar or identical
to the name of any existing subdivision in the County.
(2)
The signatures and names of all owners, which shall be printed
below the signature lines.
(3)
The signature, name, registration number, seal and mailing address
of the surveyor responsible for the plat.
(4)
The date of original preparation, date of revisions, North arrow
and graphic scale.
(5)
A vicinity map with appropriate data identifying the general
location of the subdivision.
(6)
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.
(7)
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.
(8)
The location, width, use and ownership of any rights-of-way
or easements, including conservation easements of any type.
(9)
Zoning (base and overlay) districts.
(10)
The total area in each proposed use.
(11)
Deed reference for the parcel being subdivided.
(12)
The tax map, parcel, tax district and tax account identification
numbers of the subdivided parcel.
(13)
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.
(14)
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.
(15)
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.
(16)
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 ______________________________."
(17)
Notations of dedications and to whom dedicated.
(18)
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:
A.
"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."
B.
"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."
C.
"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."
D.
"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."
(19)
The signature of the Chairman, Vice Chairman or Secretary of
the Planning Commission.
(20)
The signature of the appropriate designee of the State Department
of the Environment.
(c)
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.
