A.
Major subdivision definition. All subdivisions not classified as
minor subdivisions or as lot splits are major subdivisions. All lots
created in a major subdivision must have access to a road or street
which is constructed to state or County standards and is in a publicly
maintained system. All lots in a major subdivision must be served
by either water or sewer systems per the Maryland subdivision regulations
as administered by the state. The state may require extensions of
both water and sewer systems where lots are within a sanitary district
or within 1,000 feet of existing available utility service from a
water or sewer system.
B.
General procedure. In planning and developing a major subdivision, the subdivider or his agent shall comply with the general principles and standards for subdivision design as set forth in this section of the Code and with the design standards noted in Article V and in every case shall observe the detailed application procedure as outlined below.
C.
Preapplication conference. The County will assist the subdivider
by furnishing information and advice, so as to expedite matters for
the subdivider, save him unnecessary expenses and promote the best
coordination between the plans of the subdivider and those of the
County. The County, however, will not undertake to design the subdivision
or to perform other services for which a qualified surveyor, landscape
architect or engineer should more properly be engaged.
A.
Procedure. Following the preapplication conference, the subdivider shall prepare a sketch plan of the entire tract or property which is ultimately to be developed. Where only a portion of the property is to be developed, the subdivider shall still prepare a sketch plan showing the entire property and its ultimate development potential. The sketch plan shall be prepared in conformance with the design standards noted in Article V.
B.
Sketch plan conference. Following preparation of the sketch plan
and submission of sufficient copies for reviewing agencies, the Planning
Commission staff shall schedule a meeting with the subdivider and
all regulatory agencies involved in reviewing the sketch plan and
subsequent plats.
A.
Preparation. Following sketch plan review, the subdivider shall prepare a preliminary plat of the proposed subdivision or section of the subdivision, conforming with the requirements set forth in Article V. The appropriate number of prints of the plat shall be filed at the office of the Planning Commission prior to agency review.
B.
Review procedure. The preliminary plat will be checked as to its conformity with Part 4, Zoning, of this chapter and pertinent features of the Comprehensive Plan and the principles, standards and requirements herein set forth. Copies will be referred for their recommendations or other appropriate actions to any other County or state officials concerned with public improvements or health requirements. If necessary, another conference with the subdivider and all reviewing agencies will be held following the completion of the preliminary plat review. Corrected versions of the preliminary plat will be submitted as required. At the Planning Commission meeting following preliminary plat approval by all agencies, the staff shall present its findings and recommendations, together with those of the other officials to whom copies were referred, and the Planning Commission will approve or disapprove the preliminary plat. A copy shall be retained in the Planning Commission files. Approval of a preliminary plat shall be valid for not more than one year, unless extended by the Planning Commission upon written request.
It shall be the developer's responsibility to provide improvements in a major subdivision to County standards according to the procedures and standards set forth in this section and in Article V. No plat for a major subdivision shall be approved or recorded until a public works agreement for the installation of improvements has been signed by the developer, the County Attorney, the County Engineer, the County Health Officer and the County Planning Director and executed by the County Commissioners and until all required improvements shall have been satisfactorily completed and accepted in compliance herewith or, where necessary, a performance bond posted or an improvement fund created; and no such performance bond shall be released until all improvements secured by such performance bond shall have been completed and accepted in compliance herewith.
A.
Improvement plan procedure. After approval of the preliminary plat, the subdivider shall have prepared and submitted to the Planning Commission sufficient copies of plans for the installation of improvements in accordance with the requirements of these regulations for reviewing agencies. Except as noted, all such improvements shall be designed by a registered engineer licensed to practice in the State of Maryland and shall bear his signature and seal. A registered surveyor licensed to practice in Maryland may design improvements as specified by the Engineer. Improvement plans shall be designed in compliance with the standards, plans and specifications set forth in Article V of these regulations and with the adopted specifications of the agency responsible for maintenance of facilities. Such plans shall be sufficient to show:
(1)
Profile of each street center line, with grades (including extensions
beyond the subdivision boundaries where appropriate, and showing water
and sewer lines, manholes, culverts, streams, etc.) (scale one inch
to 100 feet or less horizontal, one inch to 10 feet or less vertical).
(2)
Typical street cross-sections for all streets, at a scale no smaller
than one inch to five feet, showing width of roadway, type of paving,
utilities, etc. Where cuts or fills are required, special cross-sections
shall be prepared to show proposed grading, and their locations shall
be shown on the plan. A grading plan showing existing and proposed
contours may be furnished in lieu of cross-sections.
(3)
Location plans and profiles for proposed sanitary sewers, with grades
and pipe sizes indicated, including extensions beyond the subdivision
boundary where appropriate.
(4)
Location plans for proposed water distribution systems showing pipe
sizes and locations for valves and fire hydrants, including extensions
beyond the subdivision boundary where appropriate.
(5)
Location plans for sediment control and stormwater management systems,
with pipe sizes, retention and detention basins, size and location
shown. Where applicable, extensions beyond the subdivision boundary
will be shown.
B.
Improvement plan review. Copies of improvement plans will be referred
by the Planning Commission to the appropriate County, state and municipal
officials for checking and approval, subject to such changes or conditions
as in their judgment may be required. If necessary, another conference
with the subdivider and all reviewing agencies will be held following
the completion of the improvement plan review.
C.
Improvement installation. Upon being notified that the improvement
plans have been approved, the subdivider shall have three options
for installing water, sewerage, roadway and drainage improvements
and for obtaining approval of the final plat.
(1)
Installation prior to lot sales. The subdivider may proceed with
the installation of such improvements after obtaining, from the appropriate
officials, the necessary permits to do so and after entering into
a public works agreement with the County that will set forth the specific
obligation of the developer and the County. In this case, improvements
will be installed, inspected and accepted for maintenance prior to
the sale of lots and prior to final plat approval.
(2)
Performance bond. The subdivider may post a performance bond for a specified term, with the County Finance Department, in an amount sufficient to cover the cost of any and all of the improvements as estimated by the County Engineer, to ensure the actual construction and installation of such improvements. This bond will also be accompanied by a public works agreement with the County, executed as in Subsection C(1). The cost estimate and the bond shall be reviewed, updated and renewed annually, until the work is completed. Any additional costs will be added to the bond and will be the developer's responsibility. In this case, the plat may be approved and lots may be sold prior to the installation of improvements. All improvements will be installed within a twenty-four-month period unless extension of the bond is requested and approved by the Planning Commission.
(3)
Improvement fund.
(a)
In single-family unit subdivisions, where public water, sewer
and state- or County-maintained roads are available adjacent to or
on the site being developed or can be extended by the developer, the
developer may create an improvement fund, held by the County Finance
Department, to cover the cost of providing improvements. In this case,
subdivision plats and improvement plans will be done in sections with
street segments no longer than 500 feet.
(b)
The cost of improvements will be calculated by the County Engineer and will be accompanied by a public works agreement with the County, executed as in Subsection C(1). Costs will be subject to revision annually and at the time the improvements are actually installed. Any additional installation cost will be borne by the developer. In this case, the plat may be approved in sections and lots may be sold prior to the installation of improvements. At closing, the share of that lot's improvement costs will be added to the improvement fund. No building permit for any lot shall be issued until the share of improvement costs for that lot is paid to the County Finance Department.
(c)
No refund of money from the improvement fund shall be made until
the improvements are accepted by the County for maintenance. This
refund may be done by sections as noted on the plat. All improvements
in approved major subdivision sections will be installed within a
twenty-four-month period unless an extension is requested in writing
and approved by the Planning Commission.
D.
Inspection of installed improvements. All construction work on improvements
required herein shall be subject to inspection during and upon completion
of construction by an authorized engineering representative of the
agency responsible for approving, accepting and maintaining these
improvements. All improvements will then be approved and accepted
by such agency on behalf of the County or other governing body, if
found to be in accordance with the approved plans.
A.
Procedure.
(1)
A final plat may include all of the property covered by the preliminary plat or may be limited to any portion thereof that is intended to be developed as a section, subject to preliminary plat approval and improvement plan approval. Additional final plats may be submitted later, covering additional sections of the property, provided that the preliminary plat is still valid or its approval has been extended. Each final plat shall be substantially in accordance with the tentatively approved preliminary plat, including such changes or additions as may be required or subsequently approved by the Planning Commission, and it shall conform in every respect with the requirements specified in Article V.
(2)
Following approval of the preliminary plat and improvement plans and the development of a Public Works Agreement, the subdivider shall file with the Planning Commission a final plat drawn according to the requirements set forth in Article V. The plat shall be checked as to compliance with these regulations and with the conditions of the preliminary plat approval and submitted to other approving County and state agencies for their approval and signature.
B.
Approval.
(1)
Upon receipt by the Planning Commission of the report from the Planning
Director as to the adequacy of the final plat and approval from the
responsible officials as to the satisfactory installation of required
improvements or the posting of a performance bond or the creation
of an improvement fund, then the Planning Commission shall approve
said final plat and shall endorse the fact of such approval on the
original tracing by the signature of its Chairman, in the space to
be provided therefor. No final plat shall be approved, however, unless
it is found by the Commission to conform with the preliminary plat
as approved and to be in conformity otherwise with the requirements
of these regulations.
(2)
At the applicant's expense, the Planning Commission shall then file
two Mylar prints for record with the Clerk of the Court of Allegany
County and shall distribute prints to other approving agencies, one
to the Supervisor of Assessments and one to the Planning Commission
files. One signed copy shall be returned to the subdivider.
(3)
Approval of the final plat by the Planning Commission or other approving
agency shall not be deemed to constitute or affect an acceptance by
the County for maintenance of any street, utility system or other
proposed right-of-way or space shown on said plat, but the showing
of such rights-of-way, spaces or utility systems shall be deemed to
be an offer of dedication which may be accepted by the County, following
the proper construction of such streets or utilities to County standards.
Any offer of dedication which is accepted by the County shall constitute
an agreement for the rights-of-way, spaces or systems so dedicated.
C.
Major subdivisions in planned developments. As noted in Part 4, Zoning,
planned developments shall also conform to the major subdivision requirements.
(1)
In cases where a planned development is large enough to constitute a more or less self-contained community or where a residential planned development is on the same property or under the same ownership as a major commercial, industrial or institutional use, the subdivision requirements may be modified by the Planning Commission with the approval of the County Engineer and County Health Officer. In either instance, the developer shall create a comprehensive plan for the development in addition to the subdivision plat, which will address all of the design criteria in Article V and make provision for essential community services, including:
(2)
In the event that the developer wishes to retain private ownership
of any of the road or utility systems, they shall be constructed,
maintained and operated by the developer, an owners' association or
a utility company subject to the requirements of the Maryland Public
Service Commission. Further, the developer shall execute an agreement
with the County Commissioners, outlining the provision of services,
and shall have notes explaining the above placed on the plat and in
each deed to property being sold. The plat and each deed shall also
contain a statement saying that no permits to build shall be issued
until the developer or his successors have met the responsibilities
set forth in the subdivider's agreement. In addition, no permits to
build shall be issued in the subdivision until the developer, owners'
association or utility informs the County in writing, with Maryland
Public Service Commission verification where appropriate, that the
water and sewer systems are complete and operating properly and that
the road system is complete. In the event that the developer, owners'
association or utility company wishes to turn any of the systems over
to the County for maintenance, at some future time, it shall be the
responsibility of the same to bring the system up to then-current
County standards prior to its being offered for maintenance. The County
shall not be obligated to accept these systems, nor shall the County
be obligated to provide any funding for constructing the systems to
County standards.
