Town of Chesapeake Beach, MD Article IX Administration

§ 245-54 Hardship.

Where the Planning and Zoning Commission finds that extraordinary hardships may result from strict compliance with these regulations, it may modify the regulations so that substantial justice may be done and the public interest secured; provided that such modification will not have the effect of nullifying the intent and purpose of these regulations.

§ 245-55 Conditions.

In granting modifications, the Planning and Zoning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so modified.

§ 245-56 Establishment and collection of fees.

[Amended 4-15-2004 by Ord. No. O-04-2]

Fees to partially cover the cost of considering, examining, and checking the several plats and plans required by these land subdivision regulations, and for recording the final plat, shall be collected at the application stage for each procedure. The fees shall be those set forth in a fee schedule to be adopted by an ordinance of the Town Council, which may be amended from time to time.

§ 245-57 Fee amounts.

[Added 4-15-2004 by Ord. No. O-04-3]

The following fees shall be applicable to the corresponding process. Unless otherwise stated, the fee must be paid at the time the application for the process is filed.

A. Subdivision review fees.

(1) Tentative sketch plan or preliminary plat application fees: base application fee of $250 plus:

(a) For subdivisions of four or fewer units: $175 per unit.

(b) For each unit over four units: $170 per unit.

(c) For each unit over 10 units: $150 per unit.

(d) For each unit over 25 units: $130 per unit.

(2) Preliminary plat review application fee (Note: These fees shall be waived if tentative sketch plan application fees were paid. If not, the following fees apply.): base application fee of $250 plus:

(a) For subdivisions of four or fewer units: $200 per unit.

(b) For each unit over four units: $190 per unit.

(c) For each unit over 10 units: $170 per unit.

(d) For each unit over 25 units: $150 per unit.

(3) Final plat review fee.

(a) For subdivisions with four or fewer units: $250.

(b) For subdivisions with more than four units: $600.

(c) For subdivisions with more than 25 units: $1,200 per plat.

§ 245-58 Severability.

It is hereby declared to be the legislative intent that:

A. If a court of competent jurisdiction declares any provision of these regulations to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of these regulations shall continue to be separately and fully effective.

B. If a court of competent jurisdiction finds the application of any provision or provisions of these regulations to any lot, building, or other structure, or tract of land, to be invalid or ineffective, in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy, and the application of any such provision to other persons, property, or situations shall not be affected.

§ 245-59 Appeals.

[Amended 10-20-1988 by Ord. No. O-88-11]

Any person aggrieved by any action of the Planning and Zoning Commission pursuant to these regulations may appeal to the Town of Chesapeake Beach Board of Appeals in accordance with applicable procedures as established in Chapter 290, Zoning, of the Code of the Town of Chesapeake Beach.