[HISTORY: Adopted by the Board of County Commissioners of
Worcester County 11-3-2009 as Subtitle IV of Title 2 of Bill No. 09-1. Amendments
noted where applicable.]
(a)
The procedures contained hereinafter provide for a five-step
process in the review of plats for proposed major subdivisions. These
five steps consist of:
(b)
Submission and review of a sketch plat of a proposed major subdivision
shall be optional and shall not be a prerequisite for approval of
the preliminary or final plats except in the case of a cluster subdivision,
where it shall be required. However, the applicant should consult
with the Department, Technical Review Committee and Planning Commission
on an informal basis early in the planning stages of the subdivision.
(c)
Submission and review of preliminary, final and record plats
and construction plans shall all be mandatory, except that the Planning
Commission, in certain cases, may grant a waiver to such submission
in accordance with the provisions of § ZS 2-201(e)
hereof.
(d)
The Technical Review Committee and Planning Commission may require
such additional copies, information, studies, surveys, impact statements
or other data, including third-party verification or additional studies
as it may deem necessary and appropriate at any stage of the process,
at the applicant's expense.
(e)
Subdivision applications shall be upon forms prescribed by the
Department.
(a)
Purpose. The purpose of the sketch plan
is to give the applicant the opportunity to consult early and informally
with the Department, Technical Review Committee and Planning Commission
before preparation of the preliminary plat and application. Submission
of a sketch plan for informal review is strongly encouraged prior
to submission of a preliminary plat. However, while the Planning Commission
shall review and provide comments, there shall be no formal approval
of any sketch plan. More than one sketch plan may be presented.
(b)
Procedures for submission and review of sketch plan. If an applicant chooses to exercise the sketch plan option, the
following procedures shall be followed:
(1)
The applicant shall submit ten copies of the sketch plan and
application to the Department, along with any required fee. The sketch
plan shall be at a readable scale and include the following:
A.
The existing zoning, a vicinity map, the general location of
existing natural and man-made features, and the Chesapeake or Atlantic
Coastal Bays Critical Area boundary and designation, if applicable.
B.
A preliminary determination of sensitive areas, including but
not limited to a preliminary delineation of any tidal or nontidal
wetlands, a delineation of the one-hundred-year floodplain, and a
forest stand delineation, particularly existing significant trees.
C.
The general location and acreage of all proposed land uses.
D.
A requested land use density for the total project.
E.
A schematic plan generally identifying the proposed drainage
pattern, including the indication of any receiving waters listed on
the state's impaired waters list or having an established total
maximum daily load requirement, and potential stormwater management
measures.
F.
The proposed method and adequacy of wastewater disposal and
potable water supply.
G.
The proposed method of fire suppression.
(2)
If the sketch plan is so incomplete as to be meaningless, the
Department may refuse to accept it.
(3)
After the Department has reviewed the sketch plan, it may then
be reviewed by the Technical Review Committee and the Planning Commission,
which shall:
(4)
The Planning Commission and/or Technical Review Committee's
review is advisory only and shall not constitute any formal approval.
(a)
Purpose. The purpose of the preliminary
plat is to provide for consideration of a subdivision's design,
its conformance with the provisions hereof and its compatibility with
the context of its surroundings and sensitive areas. The preliminary
plat procedures allow for formal conditional approval and for the
determination of what changes and decisions must be made prior to
submission of the final plat. The preliminary plat and all information
and procedures shall comply in all respects with the provisions of
these regulations before approval may be given.
(b)
Preliminary plat submission. The following
requirements shall apply to the preparation and submission of a preliminary
plat:
(1)
The applicant shall prepare a preliminary plat in accordance
with Subsection (b)(2) hereof and submit at least ten paper copies
of the plat along with the original application form and any required
review fee to the Department. The Department may at its discretion
also accept electronic copies of the plat.
(2)
The following requirements shall apply to the preliminary plat:
A.
Drafting standards.
1.
The plat shall be prepared by either a professional land surveyor
or a property line surveyor registered and licensed by the State of
Maryland. The plat shall be drawn at a scale not larger than one inch
equals one hundred feet on sheets not smaller than eight and one-half
by eleven inches and not larger than twenty-four by thirty-six inches
in size. All drafting and lettering on the plat shall be drawn so
as to be legible if the plat should be reduced to half size.
2.
All horizontal dimensions shown on the 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, all major subdivision plats shall
be tied to the Maryland State Plane Coordinates.
3.
When more than one sheet is required, each sheet shall be numbered
and shall show its relationship to the total number of sheets. In
addition, an index sheet or key map shall be provided to show the
entire subdivision, with individual sheets keyed in numerical order.
4.
The plat shall bear an adequate legend to indicate clearly which
features are existing and which are proposed.
5.
The boundary line of the subdivision shall be designated and
shown as a solid, heavy line.
6.
When the plat is a resubdivision of a previously approved plat,
dotted or dashed lines shall be used to show features or lot lines
to be abandoned and such lines shall be labeled accordingly. Solid
lines shall be used to show the proposed features and lot lines.
B.
General information to be shown shall include the following:
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 name and mailing address of the owners.
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.
The tax map, parcel, tax district and tax account identification
numbers of the parcels proposed to be subdivided.
6.
The current zoning and use of the area being subdivided.
7.
A vicinity map showing the general location of the site to be
subdivided in relation to adjoining properties, all roads, and municipal
or state boundaries existing within one thousand feet of any part
of the property proposed to be subdivided.
8.
A general layout showing any proposed phase lines or partial
platting of the subdivision.
C.
Information to be shown concerning existing features shall include
the following:
1.
A preliminary determination of sensitive areas, including but
not limited to a preliminary delineation of any tidal or nontidal
wetlands and their buffers, a delineation of the one-hundred-year
floodplain, a forest stand delineation and any forest conservation
easements, existing significant trees, greenways, areas of critical
or special habitat, source water and aquifer recharge protection areas,
water bodies on the state's impaired waters list or having an
established total maximum daily load requirement, and the Chesapeake
or Atlantic Coastal Bays Critical Area boundary and designation, if
applicable.
2.
A boundary survey of the property to be subdivided, showing
all metes and bounds and square footage or acreage.
3.
The general location, names and width of roads, the general
location of adjoining property lines, and the names of owners, the
tax map, parcel and tax account identification numbers, the zoning
and the use of all adjoining properties shown in the appropriate areas.
4.
The general location of all watercourses, stormwater management
facilities or components thereof, public or private wastewater treatment,
collection or disposal systems, public or private water supply and
treatment systems, and similar features within two hundred feet of
any part of the land to be subdivided.
5.
The general location of any existing structures within the subdivision.
Any animal-containment structure to be retained within the subdivision
or located on adjoining properties shall also be located and labeled
and shown with as-built setbacks. The 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.
6.
The location of all existing survey monuments as determined
by a surveyor licensed in the State of Maryland.
7.
The general location, size and ownership of all underground
utilities and any rights-of-way and easements, including any type
of conservation easement, within the property.
8.
Topography on two-foot contours. If filling is contemplated
or required, finished grade contours shall be shown in addition to
existing contours.
9.
The outline of all wooded areas.
D.
Information to be shown concerning the proposed layout shall
be as follows:
1.
The sensitive areas proposed to be retained, including the proposed
methods for protection and any proposed conservation easements. Areas
to be cleared shall also be shown.
2.
The layout of proposed roads, including their names and widths.
3.
The layout, dimensions, gross area and buildable area of each
proposed lot.
4.
Building setback lines and all required yards for all lots.
5.
An area tabulation showing the total area of the subdivision
and the total area in each proposed use, including the total number
and area of lots, area of roadway, linear feet of each road, area
of open space, common area, area of stormwater management, area of
upland, area of tidal wetland and area of nontidal wetland.
6.
Identification of any land offered for dedication for parks,
schools, widening or realignment of roads or other public uses.
7.
A preliminary capacity and availability analysis of water and
wastewater facilities for projects proposed to be served by existing
public utilities, or, where new facilities are proposed to serve the
project, a preliminary feasibility analysis of wastewater disposal
capabilities and potable water production. In cases where individual
septic systems are proposed, the approved location of such systems
shall be shown on the plat.
8.
Location, dimensions and use of rights-of-way and/or easements
proposed to be created for all existing and proposed utilities and
stormwater management purposes.
9.
Tentative typical cross-section and center-line profiles for
each proposed road shown on the preliminary plat. These may be submitted
as separate sheets. As an alternative to showing center-line profiles,
center-line grades may be designated in the plan view on the plat
for all proposed roads.
10.
Where the preliminary plat covers only a part of
the owner's entire holding, a sketch plan shall be submitted
of the remainder and any future road layout thereon.
11.
The words "Preliminary Plat -- Not To Be Recorded"
shall be shown on the plat immediately above the Title.
12.
A listing of any deed restrictions and covenants
which would apply to the development.
13.
Setback lines from tidal and nontidal waters of
individual sewage disposal areas, as well as any pertinent setbacks
required by Title 1, Worcester County Zoning Ordinance.
14.
Where the proposed subdivision lies partially or
completely within or adjacent to the one-hundred-year floodplain,
the preliminary plat map shall include detailed information giving
the location and elevation of proposed roads, public utilities and
building sites.
15.
Any proposed or required road-widening strips.
16.
A preliminary drainage plan.
17.
The following statements:
(i)
"Worcester County does not guarantee the development
or construction of any amenities shown on this plat. All such amenities
shall be the responsibility of the owner and applicant of this subdivision."
(ii)
Any other statement required by law or regulation
or as a condition of the plat approval, including the following where
necessary:
a.
"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."
18.
Required information may be shown by separate sheet
or overlay, with the approval of the Department.
(c)
Preliminary plat review. The following
procedures shall be used in the review of a preliminary plat.
(1)
The Department shall check the plat to determine conformance
with the requirements of Subsection (b) 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 preliminary plat, application, and fee and begin the
review process.
(2)
The Department shall distribute copies of the submission to
the Technical Review Committee, each incorporated town within one
mile of the proposed subdivision and such other agencies as the Department
determines appropriate.
(3)
Within sixty calendar days of acceptance of the completed submission
from the applicant, the Technical Review Committee shall:
A.
Review the applicant's submission, unless an extension
of time is granted by the Technical Review Committee.
B.
Receive and review reports by the Department as well as the
Department of Public Works, Environmental Programs Division, Fire
Marshal's Office, Soil Conservation District, towns, utility
companies and others.
C.
Meet with the applicant to discuss the submission.
D.
Evaluate the applicant's submission, presentation, the
discussion with the applicant and any reports concerning the application.
E.
Determine whether the preliminary plat meets the requirements
of the Zoning and Subdivision Control Article and any other plans,
regulations and ordinances.
F.
Inform the applicant, in writing, of its comments regarding
his application, including recommended changes, if any, and the reasons
for the changes.
G.
If, in the Technical Review Committee's judgment, the preliminary
plat requires significant revisions before conditional approval can
be given by the Planning Commission, it may require the applicant
to submit a revised preliminary plat to the Technical Review Committee
before further consideration is given to the application.
(4)
After the Technical Review Committee has reviewed and commented
on the preliminary plat, the applicant shall revise the preliminary
plat accordingly. Once revised, the applicant shall resubmit to the
Department fifteen paper copies of the plat, along with fifteen copies
of a written description of how each of the comments of the Technical
Review Committee has been addressed. At least one copy of the revised
preliminary plat shall have all revisions highlighted. The Department
may then forward copies of the revised preliminary plat and written
description to the Technical Review Committee for its review and comment.
In addition, the preliminary plat application will then be scheduled
for review and final action by the Planning Commission. In addition
to other pertinent required approvals, an approved forest conservation
plan must be obtained prior to the preliminary plat review by the
Planning Commission.
(5)
Within thirty calendar days of submission of the revised preliminary
plat and written description of revisions by the applicant, the Planning
Commission shall:
A.
Receive and review reports by the Technical Review Committee
and any other public or quasi-public agency which commented on the
application.
B.
Review the applicant's submission, unless an extension
of time is granted by the Planning Commission.
C.
Meet with the applicant to discuss the submission.
D.
Evaluate pertinent information regarding the subdivision's
on-site conditions and its compatibility with the context of its surroundings
as well as the applicant's submission, presentation, the discussion
with the applicant and any reports concerning the application.
E.
Determine whether the preliminary plat meets the requirements
of the Zoning and Subdivision Control Article and any other plans,
regulations and ordinances.
F.
Inform the applicant, in writing, of its decision regarding
his application, including required changes, if any, and the reasons
for the decision and/or changes.
G.
If, in the Planning Commission's judgment, the preliminary
plat requires significant revisions before conditional approval can
be given, it may require the applicant to submit a revised preliminary
plat before further consideration is given to the application.
(6)
If approved, copies of the preliminary plat bearing certification
of such approval shall be returned to the applicant and surveyor responsible
for the plats. Furthermore, copies bearing certification of such approval
shall be retained by the Department and other pertinent agencies.
If disapproved, the applicant shall be informed in writing of the
reasons for disapproval.
(d)
Preliminary plat approval. Approval of
the preliminary plat shall constitute conditional approval of the
subdivision only with regard to its character and density but shall
not be construed as approval of the final subdivision plat nor authorization
for construction of buildings, the sale or transfer of lots, or the
phasing of the subdivision. Furthermore, the approval is not valid
until all conditions, if any, are satisfied. Upon approval of the
preliminary plat, the applicant shall have two years to obtain approval
of a final plat for the subdivision or a phase thereof, which shall
conform to all applicable regulations in effect at the time of preliminary
approval. In the case of phased projects, upon approval of a final
plat for subdivision of the first phase thereof, the applicant shall
be given three years to submit final plats for all remaining phases
of the subdivision. The three years for submission of the remaining
phases may be extended for an additional one-year period upon notification
to and approval by the Department, provided that such notification
is received at least thirty days before the expiration of the original
three-year completion period. Should this period for vesting of rights
for the preliminary plat expire, the applicant must then make application
for reapproval of the preliminary plat in accordance with all County
plans and ordinances in effect at the time of the application for
reapproval.
(a)
Purpose. The purpose of the construction
plan is to provide for formal approval of the plans, profiles and
specifications for all improvements and construction measures and
any changes thereto for the entire subdivision, including but not
limited to public water supply and wastewater disposal, streets, drainage,
soil erosion and sediment control, stormwater management plans and
specifications, and a protection plan for forest conservation, as
required by the Worcester County Code of Public Local Laws prior to
or concurrent with the submission of the final plat.
(b)
Construction plan submission. No construction
plans shall be accepted prior to approval of the preliminary plat.
Construction plans shall conform to the approved preliminary plat.
The following requirements shall apply to the preparation and submission
of construction plans:
(1)
The applicant shall prepare the construction plans and application
in accordance with Subsection (b)(2) hereof and submit at least ten
paper copies of the construction plans along with the original application
form and any required review fee to the Department. The Department
may at its discretion also accept electronic copies of the plat.
(2)
The following requirements shall apply to the construction plans:
A.
Drafting standards.
1.
The construction plans shall be drawn by an engineer or other
qualified professional licensed in the State of Maryland and shall
be on standard plan and profile sheets not larger than twenty-four
by thirty-six inches in size.
2.
All construction plans shall be drawn to a scale not smaller
than one inch equals fifty feet.
3.
Each sheet shall be numbered and shall show its relationship
to the total number of sheets. In addition, an index sheet or key
map shall be provided to show the entire subdivision, with individual
sheets keyed in numerical order.
4.
In any subdivision proposed to be constructed in phases, construction
plans for any improvements located beyond the boundary of a particular
phase but necessary for the development of that phase shall be submitted
with the construction plans for that phase.
5.
Topographic contour intervals shall meet the requirements of
the reviewing agencies.
B.
General information to be shown shall include the following:
1.
The name of the subdivision as shown on the approved preliminary
plat.
2.
The name and mailing address of the owners.
3.
The name, mailing address, registration number, signature and
seal of the engineer or other qualified licensed professional responsible
for the plans.
4.
The date of original preparation, date of revisions, North arrow
and graphic scale.
5.
A vicinity map showing the general location of the site to be
subdivided in relation to adjoining properties, all roads and municipal
or state boundaries existing within one thousand feet of any part
of the property proposed to be subdivided.
6.
A general layout showing any proposed phase lines or partial
platting of the subdivision.
C.
Other information to be shown shall include the following:
1.
Plans and profiles for all streets to be constructed or improved.
2.
Plans and profiles for all public water supply and wastewater
disposal systems proposed.
3.
Plans and profiles, invert elevations and design calculations
of sanitary sewers and stormwater management inlets.
4.
Plans showing the existing and proposed drainage pattern.
5.
Plans for soil erosion and sediment control measures to be implemented.
6.
Plans and construction details for stormwater management facilities
and components.
7.
Landscaping plans and planting details.
8.
Approved forest conservation easement areas, including any signage
and fencing.
9.
Such other plans and/or profiles as may be required by the reviewing
agencies.
(c)
Construction plan review. The following
procedures shall be used in the review of construction plans:
(2)
The Department shall distribute copies of the submission to
the Technical Review Committee and such other agencies as the Department
determines appropriate.
(3)
Within sixty calendar days of acceptance of the completed submission
from the applicant, the Technical Review Committee shall:
A.
Review the applicant's submission, unless an extension
of time is granted by the Technical Review Committee.
B.
Determine whether the construction plans meet the requirements
of the Code of Public Local Laws of Worcester County, Maryland, and
other plans, regulations and ordinances.
C.
Meet with the applicant to discuss the submission.
D.
Evaluate the applicant's submission, presentation, discussion
with the applicant and the reports concerning the application.
E.
Present comments and recommendations to the applicant and/or
his engineer or other qualified professional at the meeting of the
Technical Review Committee.
F.
Inform the applicant, in writing, of its decision regarding
his application, including required changes, if any, and the reasons
for the decision and/or changes.
G.
If, in the Technical Review Committee's judgment, the construction
plans require significant revisions before approval can be given,
it may require the applicant to submit revised construction plans
before further consideration is given to the application.
(4)
If approved, copies of the construction plans bearing certification
of such approval shall be returned to the applicant and engineer or
other qualified licensed professional responsible for the plans. Furthermore,
copies bearing certification of such approval shall be retained by
the Department and other pertinent agencies. If disapproved, the applicant
shall be informed in writing of the reasons for disapproval. Any changes
to the approved construction plans shall be submitted to the Department
to determine their consistency and compatibility with the previously
approved construction plans and the approved preliminary plat.
(d)
Construction plan approval. The construction
plan's approval expires one year from the date of approval unless
a record plat is recorded or unless work on improvements shown on
the construction plan has actually begun on the site. The recordation
of a record plat for a phase of a subdivision (or initiation of construction
in a phase) does not vest the approval of the construction plans for
the remainder of the subdivision. If construction plans expire, the
applicant shall file application with the Department for the reapproval
of the construction plans. The Department may reapprove the construction
plans only when they are in conformance with all County plans, regulations
and ordinances in effect at the time of application for reapproval.
(a)
Purpose. The purpose of the final plat
is to provide for formal approval of plats for major subdivisions
by the Department and/or Planning Commission prior to the recordation
of the plats among the land records of Worcester County. The final
plat shall conform to the approved preliminary plat. The final plat
may cover all or a portion of the preliminary plat receiving conditional
approval, provided that any portion, partial platting or phasing must
generally coincide with any such phasing or partial platting as shown
on the approved preliminary plat. However, the Department and/or Planning
Commission may refuse to consider or give final approval to any portion,
partial platting or phasing which it determines to have the effect
of circumventing the provisions of the Code of Public Local Laws of
Worcester County, Maryland, or other plans, regulations and ordinances
in effect.
(b)
Final plat submission. The following
requirements shall apply to the preparation and submission of a final
plat:
(1)
The applicant shall prepare a final plat in accordance with
Subsection (b)(2) hereof and submit at least ten paper copies of the
final plat, three copies of the executed stormwater management plan
bearing the approval of the Department as evidenced by the original
signatures, the original application form and any required review
fee to the Department. The Department may at its discretion also accept
electronic copies of the plat.
(2)
The following requirements shall apply to the final plat:
A.
The same drafting standards required by § ZS 2-403(b)(2)A
hereof for preliminary plats shall apply to the final plat, provided
that no sheet shall be smaller than eight and one-half by eleven inches
and no sheet shall be larger than twenty-four by thirty-six inches.
B.
The same general information as required by § ZS 2-403(b)(2)B
through D hereof for the preliminary plat shall be shown on the final
plat, except that the Environmental Programs Division certification
shall appear and be signed by the proper officer and the topographic
contours may be deleted.
C.
Documentation of all changes from any approved preliminary plat
shall be submitted.
D.
Additional information to be shown concerning the proposed subdivision
shall be as follows:
1.
The location of all sensitive areas, including but not limited
to a delineation of any tidal or nontidal wetlands and their buffers,
a delineation of the one-hundred-year floodplain, forest conservation
easement areas, existing significant trees, greenways, areas of critical
or special habitat, source water and aquifer recharge protection areas,
water bodies on the state's impaired waters list or having an
established total maximum daily load requirement, and the Chesapeake
or Atlantic Coastal Bays Critical Area boundary and designation, if
applicable.
2.
The proposed protective measures, including type, location and
any easements, for sensitive areas which are not to be impacted.
3.
Lot layout, including consecutive numbering of lots and the
dimensions, bearings, gross area and buildable area of each lot.
4.
The approved names of all proposed roads, if any.
5.
Sufficient data to readily determine the location, bearing and
length of every street, lot and boundary line.
6.
The accurate location of all survey monuments. In addition,
all survey control monuments required under § ZS 2-503(f)(3)
hereof shall be shown on the plat and their location described using
the Maryland State Plane Coordinates.
7.
The location, width and purpose of all easements or rights-of-way
and boundaries by bearings and dimensions.
8.
The location and size of existing and proposed sanitary sewers
and storm sewers, including the location of all manholes, inlets and
culverts of the same, and the location of all existing and proposed
fire hydrants and other utilities.
9.
The building setback lines and required yards for each lot as
specified by the Worcester County Zoning Ordinance.
10.
Any proposed or required road widenings, sidewalks,
pathways and bicycle facilities.
11.
The location and perimeters of any future phases
shown on the preliminary plat.
12.
A drainage plan.
13.
The final plat may include information required
for the record plat, and the two may be combined.
14.
The statement "Final Plat -- Not To Be Recorded"
shall be shown on the plat immediately above the Title.
15.
The following statements:
(i)
"Worcester County does not guarantee the development
or construction of any amenities shown on this plat. All such amenities
shall be the responsibility of the owner and applicant of this subdivision."
(ii)
Any other statement required by law or regulation
or as a condition of the plat approval, including the following where
necessary:
a.
"The nontidal wetlands line 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."
(c)
Departmental review. The Department shall check the plat to determine conformance with the requirements of Subsection (b) hereof and:
(1)
If the plat is not complete, not in conformity or does not include
the changes requested by the Planning Commission on the preliminary
plat, the Department shall return it to the applicant with an indication
of the deficiencies in writing; or
(2)
If the plat is complete, in conformity and includes the changes
requested by the Planning Commission on the preliminary plat, the
Department shall accept the final plat and the required review fee
and initiate the review process.
(d)
Technical Review Committee Review. The
Department may immediately distribute copies of the plat to such members
of the Technical Review Committee as may be deemed necessary and appropriate
by the Department for comment or may reconvene the Technical Review
Committee for review.
(e)
Approving body. In the case where the
final plat is in conformance with the approved preliminary plat, the
Department shall have the authority to review and approve the final
plat. Within thirty days of acceptance of the final plat the Department
shall either approve it or, at its discretion, refer the final plat
to the Planning Commission for its review and action.
(1)
Within thirty calendar days following the referral by the Department,
the Planning Commission shall:
A.
Receive and review reports and recommendations by the Department
as well as the Department of Public Works, Environmental Programs
Division, Fire Marshal's Office, Soil Conservation Service, towns,
utility companies and others, if appropriate.
B.
Review the applicant's submission to determine its consistency
with the approved preliminary plat.
C.
Meet with the applicant to discuss the submission.
D.
Evaluate the applicant's submission, presentation, the
discussion with the applicant and any reports concerning the application.
E.
Determine whether the final plat meets the requirements of the
Zoning and Subdivision Control Article and any other plans, regulations
and ordinances, including any necessary Critical Area program approvals,
inclusion in the Worcester County Comprehensive Plan for Water and
Sewerage Systems, and wetland impact permits, where necessary.
F.
Inform the applicant, in writing, of its decision, including
required changes, if any, in the final plat and the reasons for the
decision and/or changes.
(2)
Failure of the approving body to act within thirty days of complete
submission of the final plat and all revisions complying herewith
shall in no way constitute approval of the plat and shall not release
the applicant from any provision of this Title.
(f)
Final plat to be provided. If approved,
copies of the final plat bearing certification of such approval shall
be returned to the applicant and surveyor responsible for the plans.
Furthermore, copies bearing certification of such approval shall be
retained by the Department and other pertinent agencies. If disapproved,
the applicant shall be informed in writing of the reasons for disapproval.
(g)
Period of approval. Final plat approval
shall be valid for two years from the approval date. At the time of
the initial final plat approval only and upon the request of the applicant,
the Planning Commission may lengthen the approval life by up to an
additional two years. During the life of the approval, the applicant
shall have vested rights with respect to final plat approval and to
proceed to record plat. Should this period for vesting of rights for
the final plat expire, the applicant must then make application for
reapproval of the final plat in accordance with all County plans and
ordinances in effect at the time of the application for reapproval.
In the event that recordation of the record plat is delayed by appeal
of the final plat approval to court or administrative action against
the applicant, the Planning Commission may extend the life of the
final plat approval. Administrative action against the applicant shall
not include the failure to grant an extension or reapplication of
any approval or failure to take any other action but shall instead
refer to the actual initiation or taking of a specific action by the
agency or body.
(a)
Purpose. The purpose of the record plat
is to acknowledge the approval of a subdivision of land and to legally
accomplish the act of dividing that land by recording among the land
records of Worcester County a graphic representation of said subdivision.
(b)
Record plat submission. Prior to submission
of the record plat the applicant shall have constructed and received
approval of required site improvements or entered into a written guaranty
that such site improvements shall be constructed as specified in § ZS 2-504
hereof. Not less than sixty days prior to the expiration of the final
plat approval, the record plat shall be submitted. The following requirements
shall apply to the preparation and submission of a record plat:
(1)
The applicant shall submit three Mylar prints (suitable for
recording) and ten paper copies of the record plat, with funds for
recordation. No sheet shall be smaller than eight and one-half by
eleven inches nor larger than twenty-four by thirty-six inches in
size. Such plats shall bear all required signatures in black or blue
ink. The signatures on the Mylar plats shall be original and the names
of all signatories shall be printed below the signature line. An electronic
file of the record plat shall also be submitted and shall be of the
subdivision in its entirety in a form and format acceptable to the
Department.
(2)
The record plat shall be clear and legible black line on Mylar
and shall, unless otherwise provided, be an exact copy of the final
plat approved by the Planning Commission.
(3)
All information which is required on the final plat, with the
exception of the statement regarding the final plat, shall be required
on the record plat, and in addition the following shall be required:
A.
Seal. The name, mailing address, license number, seal and signature
of the surveyor licensed in Maryland responsible for the plat.
B.
Acknowledgments.
1.
Owner's certification. A statement to the effect that the
applicant is the legal owner of the subdivision shown on the record
plat and that it is made with his or their consent and that it is
desired to record the same. Such owner's certification shall
read as follows: "The subdivision of land as shown on this plat is
with free consent and in accordance with the desires of the owners,
proprietors, and trustees, if any, thereof. The requirements of § 3-108
of the Real Property Article of the Annotated Code of Maryland (1981),
as from time to time amended, as far as they relate to the making
of this plat and the setting of markers have been complied with."
2.
Surveyor's certification.
(i)
A statement to the effect that the surveyor has
complied with all state and local requirements for the making of the
plat and the setting of markers. Such surveyor's certification
shall read as follows: "I hereby certify, to the best of my knowledge
and belief, that the requirements of § 3-108 of the Real
Property Article of the Annotated Code of Maryland (1981), as from
time to time amended, concerning the making of this plat and the setting
of markers as well as all of the requirements of the County Commissioners
and the Code of Public Local Laws of Worcester County, Maryland, regarding
the platting of subdivisions within the County have been complied
with."
(ii)
The statement shall be signed and dated by the
professional land surveyor or property line surveyor who prepared
the plat. The surveyor must be licensed to prepare such plats in the
State of Maryland. The name and license number of the surveyor shall
be printed below the signature line.
C.
Signatures. The following original signatures shall be placed
directly on the plat in ink:
1.
The signature of the legal owner (or owners) of the land in
the form specified in Subsection (b)(3)B1 hereof.
2.
The signature of the licensed surveyor who prepared the plat
in the form specified in Subsection (b)(3)B2 hereof.
3.
The signature of the Chairman, Vice Chairman or Secretary of
the Planning Commission.
4.
The signature of the appropriate designee of the State Department
of the Environment.
D.
The following statements:
1.
"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."
2.
"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."
3.
"The following streets, roads, widening strips, amenities and
improvements are hereby offered for dedication to the County Commissioners
for Worcester County: (here list). 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."
4.
"Worcester County does not guarantee the development or construction
of any amenities shown on this plat. All such amenities shall be the
responsibility of the owner and applicant of this subdivision."
5.
Any other statement required by law or regulation or as a condition
of the plat approval, including the following where necessary:
(i)
"The nontidal wetlands line 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."
(4)
The Department shall record the record plat within thirty days
of approval and forward a receipt of such recordation to the applicant.
The applicant may accompany the Department in recording the plat.
(5)
If the approval of the final plat upon which the record plat
is based shall expire before the record plat is approved by the Department,
the record plat shall also be considered to have expired and such
plat shall become null and void.
Any improvements or amenities shown on a record subdivision
plat may or may not be offered for dedication to the County. However,
with the exception of approved private roads, all roads shall be offered
for dedication. When improvements and amenities are offered for dedication,
a formal statement of offer shall be included on the record plat,
as described in § ZS 2-406(b)(3)D3 hereof. Recording
of the record plat containing such a formal statement shall not be
deemed to constitute or effect an acceptance by the County of the
dedication of any road, park or other improvement or amenity shown
on such plat but improvements so noted for dedication may be accepted
by the County through a subsequent appropriate act. Any such offer
of dedication may not be withdrawn without consent of the County Commissioners.
A plat may be recorded without an offer of dedication, provided that
the Planning Commission has approved there being no offer of dedication
and that a statement is included on the record plat stating that such
improvements have not been offered for dedication to the County and
furthermore stating who specifically is responsible for construction
and maintenance of all improvements and amenities.
Major subdivisions, as defined by § ZS 2-104
hereof, of twenty lots or less shall not be required to obtain Planning
Commission review or approval as set forth in §§ ZS 2-403,
ZS 2-404 and ZS 2-405 hereof. All other requirements of
the Subdivision Regulations with respect to submission, review and
periods of approval as contained herein shall remain in effect. In
the case of a major subdivision of twenty lots or less, the Department,
after review by the Technical Review Committee, shall have the authority
to approve the preliminary plat, whereupon the applicant may then
proceed in accordance with the procedures required for construction
plan approval, final plat approval and recordation of the record plat.
If the final plat varies from the approved preliminary plat, the Department
shall submit the revised final plat to the Technical Review Committee
for its review and shall only act to approve the revised final plat
after the comments of the Technical Review Committee have been adequately
addressed. In the event that the Department determines that the proposed
subdivision will or may have a major impact upon the County or surrounding
properties, it may require Planning Commission review and approval
of the subdivision.
