This article lists the requirements for final plans for a major subdivision or any land development. See the requirements of Article VII for a project that only involves:
A.
Final plan submission required.
(1)
A final plan submission for each major subdivision or land development must be filed by the applicant and reviewed in accordance with the provisions of this Article VI.
(2)
A final plan shall only be submitted after a preliminary plan has
been approved by the Planning Commission, if a preliminary plan is
required.
B.
Final plan submission deadline.
(1)
An applicant shall file a final plan submission within three years
from the date of the approval of the preliminary plan by the Town
Planning Commission, unless a written extension is granted by Planning
Commission in advance.
(2)
Failure to comply with this requirement shall render the preliminary
plan submission null and void, and a new preliminary plan submission
must be filed.
C.
Filing and distribution.
(1)
The applicant shall file with the Town staff at least 14 calendar days prior to a regular Planning Commission meeting (not including workshop meetings) all of the required plans, information and fees listed in § 335-30 of this chapter.
(2)
The Town staff shall forward applicable plans and/or supporting materials
to the following agencies to seek their comments prior to final plan
approval and maintain at least one complete official file copy of
all materials submitted by the applicant:
(a)
Town Engineer, provided prior to the next regularly scheduled
Planning Commission meeting.
(b)
Fire Marshal (layout and utility plan, if not reviewed at the
preliminary plan level and if deemed appropriate by the Town staff).
(c)
The Town Planning Commission, with the information provided
to the Commission at or before the next regular meeting of the Commission.
(3)
Applicant's distribution. It is the applicant's responsibility
to:
(a)
Make agreements with the appropriate utility companies, including
but not limited to the Sewage Authority and the water supplier;
(b)
Provide information to MD SHA that is required for any needed
permit for access to or work within a state road right-of-way;
(c)
Provide information to MDE or other agencies for any permits
that might be required;
(d)
Submit a copy of the soil erosion and sedimentation plan to
the County Conservation District and pay its required review fees,
if earth disturbance is proposed, and if such erosion control plan
was not approved at the preliminary plan level; and
(e)
Provide a copy of the plans to the County Planning Commission.
(4)
The filing of the final plan shall conform with the approved preliminary
plan and any conditions and changes recommended by the Town during
the preliminary plan review.
(5)
Revisions. A list of revisions from a previously submitted plan shall
be provided whenever a revised plan is submitted.
D.
Determination of completeness by Commission.
(1)
Based upon the initial review of the Town staff and/or the Town Engineer,
the Commission shall have authority at its first regular meeting after
the submission is duly filed in a timely manner to determine that
a submission is significantly incomplete and therefore to refuse to
review the submission further and to do one or more of the following:
(a)
Not accept the submission, indicating deficiencies in writing,
and return the fee (minus the costs of any Town review) to the applicant.
(b)
Accept the submission as being filed for review on the condition
that the applicant shall file such additional required materials and
information to the staff or appropriate agency or person within a
certain number of days from the date of such acceptance.
(c)
Table the acceptance of the submission until the next Planning
Commission meeting where the applicant has met all of the submittal
requirements and has filed such materials within the required time
period prior to the meeting. The ninety-day time limit for action
shall not begin until the plan is accepted as complete.
(2)
If the Commission determines that the submission is significantly
complete, as filed and as required, the Commission shall accept the
plans and may begin its review.
(3)
If the Commission determines that a final plan submission, as filed,
departs substantially from the approved preliminary plan, the Commission
may classify the submission as a revised preliminary plan (with the
applicable review fees required) and process the application as such.
E.
Review by staff and Engineer.
(1)
The Town staff and Town Engineer should review the plans and report
how the submission complies or does not comply with applicable ordinances.
(2)
Policy matters that should be dealt with directly by the Planning
Commission should be listed separately from technical engineering
considerations.
(3)
The applicant and/or his/her plan preparer shall make reasonable
efforts to resolve technical engineering considerations outside of
and prior to Planning Commission meetings. The Town Engineer may require
the applicant or his/her plan preparer to meet with the Town Engineer
for this purpose.
F.
Review by Commission. The Planning Commission shall accomplish the
following within the time limitations of the Land Use Article of the
Annotated Code of Maryland (unless the applicant grants a written
time extension):
(1)
Review all applicable reports received from any official reviewing
agencies;
(2)
Consider whether the final plan submission meets the requirements
of this chapter and other applicable ordinances;
(3)
Recommend any needed revisions so that the submission will conform
to this chapter and other applicable ordinances; and
(4)
Recommend approval, conditional approval or disapproval of the final
plan submission.
G.
Decision by Planning Commission. The Planning Commission shall:
(1)
Approve, conditionally approve or reject the final plan submission
within the time required by the Land Use Article of the Annotated
Code of Maryland.
(a)
Planning Commission to act not later than 90 days following
the date of the first regular meeting of the Commission held after
it has been properly filed, but in no case shall the Planning Commission's
decision be made later than 120 days following the date the submission
was duly submitted, unless the applicant grants a written extension
of time; and
(b)
No subdivision or land development shall be granted final approval
until a report is received from the County Planning Commission or
until the expiration of 30 days from the date the application was
forwarded to the County Planning Commission.
(2)
Notice to applicant. The decision of Planning Commission shall be
in writing and shall be communicated to the applicant personally or
mailed to him/her at his/her last known address not later than 15
days following the decision.
(3)
Dedications.
(a)
The approval of the final plan shall not by itself constitute
an acceptance of the dedication of any street or other proposed public
way, space, or area, unless such acceptance is specified at such time.
(b)
Any such acceptance of dedication shall only occur after formal
action of the Town at such time.
(c)
As part of an improvements agreement, if the Planning Commission
elects to accept lands offered for dedication, the submission shall
be accompanied by duly executed instruments of conveyance to the Town.
Such instruments shall state that the title thereof is free and unencumbered.
(4)
Disapproval. When a final plan submission is disapproved, the decision
shall specify defects found in the submission, shall describe requirements
which have not been met, and shall cite the provisions of the ordinance
section(s) relied upon.
(5)
Conditions. The Planning Commission may attach reasonable conditions
to an approval to ensure compliance with the provisions and intent
of this chapter, other Town ordinances and state laws and regulations.
H.
Development in stages.
(1)
If requested by the applicant, the Planning Commission may permit
the undertaking of the required improvements and the preparation of
the final plan to be completed in a series of sections or stages,
each covering a portion of the proposed subdivision or land development
as shown on the preliminary plan.
(2)
If final plans are to be filed in sections or stages, each section
or stage shall provide sufficient access, utilities and amenities
to allow the development to properly function if future stages are
not built.
(3)
The boundaries of phases and the timing of related improvements shall
be subject to the approval of the Planning Commission.
A.
All of the information and materials listed in this section are required
as part of all final plans for a major subdivision or a land development.
This list of requirements shall serve as both a list of requirements
and as a checklist for the applicant and the Town to ensure completion
of submissions. The applicant shall submit completed photocopies of
this section as part of the application.
B.
The required information listed in this section may be combined or
separated onto different sheets, provided that the plans will be clearly
readable.
C.
A Forest Conservation Plan must be submitted to and approved by the
Washington County Planning Commission.
D.
Checklist and list of submittal requirements. The checklist and list
of submittal requirements is included at the end of this chapter.
A.
All certification shall comply with the state professional licensing
laws. At a minimum, all subdivisions of land are required by state
law to be certified and stamped by a registered land surveyor.
B.
At least one set of copies of plans provided to the Town shall bear
original signatures and original seals, which should be marked as
a "Town File Copy."
