A.
Except as provided in § 360-62 of this Part 4, a permit must be obtained from the County prior to the start of any land development, including clearing, timbering, grading, construction of any building or other structure, or prior to a change in the use of any land in the unincorporated areas of Allegany County.
B.
Permit requirements.
(1)
When applicable, permits will be subject to, but not limited to,
the following requirements:
(a)
The requirements of this code.
(b)
Habitat of threatened or endangered species requirements.
(c)
Wetlands requirements.
(d)
Floodplain requirements.
(e)
Subdivision requirements.
(f)
Sediment and erosion control requirements.
(g)
Stormwater management requirements.
(h)
Building Code requirements.
(i)
Site plan review requirements.
(k)
Board of Appeals requirements.
(l)
Other County and state agency approvals.
(2)
Any permit that is subject to any of the above requirements will not be approved or issued until each requirement is met and the appropriate site plans are approved and bonding, if required, is submitted as specified in Subsection E below.
(3)
When a permit is subject to approval by other agencies, the County
will not sign or issue the permit until the appropriate agencies have
referred their approval to the County. A current list of approving
agencies may be obtained in the County permits office.
(4)
Approved permits shall be signed by the Zoning Administrator. Permit
placards must be displayed on the approved site within public view
within 24 hours of receipt of approval and must be continuously displayed
until the project is complete or the permit has expired, whichever
comes first.
C.
Expiration and transfer of permit application.
(1)
Expiration of permit application. Any permit application which has
not been approved and issued within one year of application will be
canceled and the permit fee forfeited automatically unless the applicant
or his agent receives written permission for an extension from the
County.
(2)
Permit application transfer. Any application transfer request must
be made in writing and must be accompanied by a written consent from
the original applicant.
D.
Permit expiration. Following the issuance of a permit for building
construction, construction must begin within one year and be completed
within two years unless the applicant or his agent submits a written
request and receives written permission for an extension from the
County. Should a permit be subject to a moratorium, appeal or litigation
following its issuance, the time period for start of construction
does not begin until the moratorium is lifted or until the appeal
or litigation is decided. Permits for occupancy or use are good for
an indefinite period until the use ceases.
(1)
Transfer of permits. Permits for uses or occupancy other than building
construction are good for an indefinite period and may be transferred
to subsequent owners. However, any conditions attached to any use
or occupancy permit apply to subsequent owners.
(2)
Grading permit renewal. An issued permit for any grading project
that has not been completed within two years of issuance must be renewed
in conjunction with a review and approval of updated grading plans
by the Soil Conservation District.
E.
Bonding. The County reserves the right to require a performance bond
or other financial surety acceptable to the County for any new construction
involving improvements, including a new road entrance, public water
or sewer installation, road construction, sediment control and stormwater
management. The amount of the bond will be set after consultation
with the County Engineer and Land Use and Planning Engineer.
(1)
Issuing permits with bonding. Following submission of bonds for required
improvements, the County may issue permits, provided that all other
involved agencies indicate their written approval.
(2)
Release of bonds. No bond shall qualify for release until construction
is complete and the site is compliant with all County and state codes.
All applicants shall produce a site plan with the permit application, as described in § 360-143, showing conformance to the requirements for setbacks, yards, erosion and sediment control and, where applicable, stormwater management, public road access, water and sewer service, floodplain, parking and other criteria. Permit applications will not be sent for agency review until the site plan is submitted. The development standards in Article XX, Development Standards, will be used in preparing site plans. In no event shall employees of Allegany County prepare or assist in the preparation of major site plans. A site plan prepared to meet the criteria or standards of another approving agency may be acceptable in lieu of the criteria listed in Article XX, Development Standards, at the discretion of the County.
A.
Minor site plans. Any application for small-scale development of less than 600 square feet, such as accessory structures, additions and similar uses which disturb less than 5,000 square feet of surface area, or requires the movement of less than 50 cubic yards of earth, which shows no appreciable impact on sediment control, stormwater or other site factors, shall be accompanied by a minor site plan signed by the applicant and prepared according to the criteria listed in § 360-143. The County, with the advice of the Soil Conservation District or other approving agency, may require the preparation of a standard or major site plan where unusual field conditions would be such that a minor plan would not be sufficient to handle sediment control or stormwater runoff.
B.
Standard site plan.
(1)
Any application for a single-family residential structure in an approved major subdivision, approved minor subdivision or on a lot of record, or residential accessory structure larger than 600 square feet or other permitted use which does not involve the movement of 250 or more cubic yards of earth or the disturbance of 30,000 square feet of surface area shall be accompanied by a standard site plan signed by the applicant and prepared according to criteria listed in § 360-143.
(2)
This plan may be used to satisfy the requirements of Part 2, Sediment
and Erosion Control, and/or Part 3, Stormwater Management, by inclusion
of the required information found in these codes. A previously approved
subdivision plat or major site plan may be accepted in lieu of a standard
plan if all required information is shown on the plan.
(3)
The County, with the advice of the Soil Conservation District or
other approving agency, may require the preparation of a major site
plan where unusual field conditions would be such that a standard
plan would not provide sufficient sediment or stormwater runoff control.
C.
Major site plan.
(1)
All other applications, including all planned developments, shall be accompanied by a major site plan prepared and sealed by a registered engineer licensed to practice in the State of Maryland and prepared according to the criteria listed in § 360-143. Where permitted by Maryland law, a registered professional surveyor or landscape architect licensed to practice in Maryland may prepare and seal a major plan. Any project involving work in a mapped floodplain must also be accompanied by a major site plan.
(2)
The major site plan must include the measures required by Part 2,
Sediment and Erosion Control, and Part 3, Stormwater Management. The
County, with the concurrence of the Soil Conservation District, may
allow the use of standard site plan criteria in cases where such a
plan would be sufficient to control sediment and/or stormwater runoff.
A.
Types of planned developments shall be as follows:
B.
In preparing for a planned development, the developer or his agent shall comply with principles and standards in Article XX, Development Standards, which are similar to those set forth in Part 1, Subdivision Regulations. This procedure will typically include the following:
(1)
A preplanning conference with the County.
(2)
The preparation of a sketch plan of the entire tract or property
which is to be developed.
(3)
A sketch plan conference which will be a meeting between the developer
and regulatory agencies involved in reviewing the proposal.
(4)
Major site plan preparation. This site plan will follow the general
style and form of preliminary plats for major subdivisions. Where
appropriate, the principles and standards of major subdivision design
and final plat preparation will be required for the preparation of
site plans for planned developments.
(5)
Improvement plans. This will follow the form for improvement plans
for major subdivisions and will include road profiles, street cross
sections, plans and profiles for sanitary sewers, location plans for
water distribution systems and location plans for stormwater management
systems and sediment and erosion control.
(6)
Improvement installation and inspection will follow the same general
form as that for major subdivisions. The County Commissioners reserve
the right to require a performance bond to ensure the proper construction
of roads and utilities.
(7)
Board of Appeals approval. Where required by this Part 4, the permit
application and site plan for a planned development will be referred
to the Board of Appeals for its approval.
All major site plans will be reviewed by the Major Site Plan
Review Committee composed of the following: the Public Works Director,
the County Engineer, the Utilities Division head, the Roads Division
head, the Environmental Health Director, the Land Development Services
Division Chief, the Planning Coordinator, the Land Use and Planning
Engineer, the District Manager of the Soil Conservation District and
a member of the Planning Commission or their designees. Major site
plans shall not be considered approved until they receive approval
from the Land Use and Planning Engineer, the County Engineer, and
the District Manager of the Soil Conservation District or their designees.
A.
Moratorium declaration. The County Commissioners reserve the right
to declare a moratorium on the issuance of building permits in any
major subdivision or planned development or for any use in an area
of the County under the following conditions:
(1)
Whenever the lack of public water or sewer service presents a health
problem, at the recommendation of the County Health Officer.
(2)
Whenever the lack of proper street or road facilities creates a traffic
safety problem or impedes traffic flow, at the recommendation of the
County Engineer.
(3)
Whenever the lack of sediment control or stormwater facilities causes
drainage or sedimentation damage to downslope lots, at the recommendation
of the County Engineer, Land Use and Planning Engineer, and the District
Soil Conservationist.
(4)
Whenever a major disaster, such as flood, landslide, dam failure
or related incident, requires a reevaluation of development plans,
at the recommendation of the Emergency Management Director, the County
Health Officer and County Engineer.
B.
Prior to the declaration of a moratorium, the County Commissioners
shall hold a public hearing.
C.
Moratorium rescission. After a permit moratorium has been declared, the County will rescind the moratorium and begin to issue building permits, only when the appropriate road, water, sewer or other services are extended to the area subject to the moratorium. The bonding procedures described in § 360-75E may be used to ensure the issuance of permits prior to or concurrent with the installation of improvements.
D.
Prior to the rescission of a moratorium, the County Commissioners
shall hold a public hearing.
