The purpose of this article is to establish procedures to guide
the action of property owners, developers, the Planning Commission
and County staff members in the preparation, review, and processing
of subdivision applications in Charles County.
The Deputy County Administrator for Planning and Growth Management
may adopt administrative procedures for the processing and review
of applications.
[Amended 11-18-2014 by Bill No. 2014-11; 7-11-2017 by Bill No. 2017-02]
A. Review stages. Major subdivision applications shall be reviewed as
defined below:
(1) Preapplication review.
(a)
Prior to the formal submission of a preliminary subdivision plan, the applicant may request a preapplication conference with County staff. This allows staff to assist in the identification of development opportunities and constraints during the early stages of the subdivision design. (See §
278-24 for details.)
(b)
The following outlines the process for formal submission and
approval of a major subdivision plan. Approval of subdivisions follows
a three-step process: 1) presentation of a conceptual subdivision
plan at a public meeting (or public hearing if within a Tier III area)
before the Planning Commission; 2) approval of a preliminary subdivision
plan by the Planning Commission at a subsequent public meeting; and
3) final subdivision plats (with construction improvement plan drawings).
(2) Conceptual subdivision plan.
(a)
Conceptual subdivision plans are required to be submitted prior to the preliminary plan and approval. The conceptual subdivision plan will be presented and advertised at a public meeting before the Planning Commission and follow the public notice and advertisement requirements as established in §
297-448 of the Zoning Ordinance as related only to notification of adjacent properties and advertising on site. The intent of this plan review is to afford the public an opportunity to understand and comment on general information regarding the proposed project. This conceptual stage also allows the project applicant to clarify how the request will meet general design, zoning criteria and compatibility with the existing neighborhood prior to incurring large expenses in the design process. Because it is conceptual it will allow the opportunity to make adjustments to the plan prior to development of more detailed designs.
(b)
A list of comments and concerns as articulated at the public
meeting hearing will be developed and presented by the County staff
to the applicant and the Planning Commission as a part of the preliminary
subdivision plan review and approval process. Since the subdivision
process is considered a permitted use of the Zoning Code, public comments
should focus on valid public issues related to development standards,
criteria and compatibility. Valid public issues are: drainage area
information, natural resources impacts, traffic and access location,
public amenities, location of development and density in particular
areas, buffering, lighting, cultural and historic resources, infrastructure
location and code compliance.
(c)
For projects located within Tier III areas, the application
must also include the potential impacts on natural resources and anticipated
provisions for public facility services.
(3) Conceptual subdivision plans and preliminary subdivision plan review.
All applications for major subdivision plan approval shall be first
considered by the Technical Review Committee and Planning Commission
as a conceptual subdivision plan. The Planning Commission will consider
the conceptual subdivision plan prior to submission of a preliminary
subdivision plan. If the Planning Commission approves the preliminary
subdivision plan and this plan remains valid, the applicant may apply
for approval of improvement plans and final plats. No lot may be sold
or transferred or building permit obtained based solely upon an approved
preliminary subdivision plan.
(4) Improvement plan review. The improvement plan is a construction plan
for improvements required to support the proposed subdivision. They
are generally reviewed as a part of the development services permit
and prior to, or in conjunction with, final subdivision plats, and
will be consistent with the following:
(a)
Improvement plans shall include, but not be limited to, details,
computations, and plans for the improvement of public or private roads,
storm drainage, sanitary sewers, and other public facilities, depending
on the requirements of this or other regulatory documents.
(b)
Improvement plans shall be consistent with the approved preliminary subdivision plan for the project. The Planning Director shall determine if a variation from the approved preliminary subdivision plan requires a revision to the approved preliminary subdivision plan per §
278-47 of these regulations, prior to the approval of the improvement plan. Consistency shall be based upon the parameters stated in §
278-47.
(c)
In no case may any improvement plan be approved unless the preliminary
subdivision plan for the development is valid.
(5) Initiation of construction. Upon approval of the improvement plans by the Department of Planning and Growth Management, the issuance of all necessary permits by that Department, and the approval of any other state and federal permits by the relevant agency, the applicant may construct such improvements in accordance with the approved preliminary subdivision plan and improvement plan. Bonding and/or a developer's agreement is required per §
278-29 prior to the issuance of any County permit.
(6) Final major subdivision plat review. Lots may be sold or transferred
and applications may be filed for building permits in accordance with
the approved final subdivision plat upon the completion of the following:
(a)
Approval of the final subdivision plat by the Planning Commission
or the Planning Director. In accordance with § 5-203 of
the Land Use Code, Annotated Code of Maryland, the Planning Commission
may delegate the authority for approval for final plats for major
subdivisions to the Planning Director.
(b)
Recordation in the land records.
(c)
Compliance with the conditions of §
278-27.
[Amended 7-11-2017 by Bill No. 2017-02]
For the purpose of expediting applications and reducing major
subdivision plan design and development costs, the applicant may request
a preapplication conference in accordance with the following requirements,
prior to formal submission of the application:
A. Preapplication conference.
(1) The applicant is to prepare a conceptual plan of the proposal and
meet with representatives of the Department of Planning and Growth
Management to discuss the proposed subdivision. The purpose of this
conference is to discuss at the earliest stage the subdivision requirements,
review procedures, and possible issues related to the development
of the property in question. This procedure is intended to help identify
possible conflicts over subdivision requirements by early recognition
of existing conditions, necessary facilities, and other requirements,
which the applicant can then consider in preparing the formal subdivision
plan application package. The applicant is also encouraged to discuss
the proposal with other public agencies and utilities at this stage.
(2) Scheduling and conduct of the preapplication conference is to be
as follows:
(a)
Prior to the submission of a conceputal subdivision plan, the
applicant is to request that the Department of Planning and Growth
Management schedule a preapplication conference. At the time of the
conference, the applicant is to provide for review a sketch of the
property showing the boundaries, general topography, important physical
features, and other significant information, as well as the proposed
scheme for the development of the property.
(b)
Comments generated by staff during the preapplication conference
are to be considered advisory in nature. The applicant is not bound
by the determination of the preapplication conference; also, the TRC,
staff, or the Planning Commission will not be bound by any such review.
This meeting is for informational purposes only.
[Amended 12-3-2013 by Bill No. 2013-16; 11-18-2014 by Bill No. 2014-12; 7-11-2017 by Bill No. 2017-02]
A. Application for approval. The applicant shall first submit an application for conceptual subdivision plan, including the information required in
Appendix A, to the County. The completed and signed application shall
be accompanied by the appropriate fees, conceptual subdivision plan
copies, and support material as required by this chapter and other
relevant County ordinances. Only after presentation of the conceptual
subdivision plan to the Planning Commission may the applicant submit
the more detailed preliminary subdivision plan for consideration.
The completed and signed preliminary subdivision plan application
shall be accompanied by the appropriate fees, preliminary subdivision
plan copies, and support material as required by this article and
other relevant County ordinances. Both conceptual subdivision and
preliminary subdivision plans will adhere to the following review
process.
B. Conceptual subdivision plans and preliminary subdivision plan applications
submitted to the County shall be distributed to the Technical Review
Committee and reviewed in accordance with the adopted standard operating
procedures (SOPs) as approved by the Director of Planning and Growth
Management.
C. Initial review.
(1) Preliminary subdivision plan applications. All applications shall
be reviewed by the Planning Office for completeness within five working
days of receipt of the application and payment of fees. If the application
is complete, the Planning Division Office shall create a subdivision
file for the project, notify the applicant if a balance or a refund
is due, and prepare the application for distribution to the TRC. Distribution
of the application and the scheduling of all review events will not
occur until after a copy of the paid fee is delivered to the Planning
Division's office.
(2) Applications with minor deficiencies. If an application is found
to be lacking a portion of the application, including an inaccurate
fee calculation, the applicant will be notified by the Planning Division
Office of the deficiency, and allowed to complete the application,
or to provide the balance of the fee due without prejudice. Upon completion
of the submittal packet, the application fee may be paid, the receipt
presented, and the application distributed per these regulations,
and in accordance with the adopted standard operating procedures (SOPs)
as approved by the Director of Planning and Growth Management.
(3) Incomplete applications. Applications which are determined to be
substantially deficient or do not address any minor deficiencies,
including insufficient fee payment, shall be returned to the applicant
by the Planning Division Office. A letter describing the nature and
extent of the deficiencies is to be provided with each returned application.
Incomplete applications may be corrected and resubmitted directly
to the Planning Division Office within 60 calendar days beginning
on the date that the application was found to be insufficient by the
County. If a completed application is not received within this sixty-day
period, the application shall become void. Subsequent applications
for conceptual subdivision plan or preliminary subdivision plan approval
shall be considered to be new applications.
D. Technical Review Committee (TRC).
(1) Distribution to TRC. Complete applications shall be transmitted to
the members of the TRC and other interested local or state agencies
after acceptance of the application. A copy of a tentative agenda
for the scheduled meeting shall accompany the applications, if a formal
TRC meeting is needed, a copy of the agenda shall also be sent to
the applicant and the project engineer.
(2) TRC meeting schedule. TRC meetings shall be held on a day and time
established by the Planning Director. The Planning Director may revise
the TRC meeting schedule, as necessary, to expedite the review of
projects and better coordinate the TRC review process with the meeting
schedule for the Planning Commission and may limit the number of plans
scheduled for any given TRC meeting.
(3) TRC membership. The membership of the Technical Review Committee
shall include representatives from the Department of Planning and
Growth Management and other local, regional, and state agencies responsible
for the implementation or enforcement of regulations or policies affecting
land development in Charles County. Membership to the TRC is determined
by the Director of Planning and Growth Management.
(4) TRC meeting. The members of the TRC are to prepare written comments
and make these comments available to the Planning Office prior to
the TRC meeting. TRC members unable to attend may submit comments
to the Planning Office prior to the scheduled meeting. Copies of all
comments shall be delivered to the applicant and project designer
during the meeting. If the applicant or project designer is unable
to attend the TRC meeting, copies of all comments from the TRC meeting
shall be mailed to those not attending.
E. Revisions to applications after TRC meeting and distribution of revised
plans. If required, preliminary subdivision plans revised according
to TRC comments shall be submitted to the Planning Office for acceptance
and distribution to appropriate review agencies.
(1) The applicant shall have six months from the date of the TRC report
to submit a revised preliminary subdivision plan, with a response
letter addressing any TRC review agency comments and describing the
changes to the plan.
(2) Any extensions for resubmittals shall be requested, in writing, by
the applicant from the Director of Planning, and may be for no more
than three months per request; only two such extensions may be granted.
(3) A new application for a preliminary subdivision plan must be submitted
if the applicant fails to resubmit within the time allotted.
F. Major revisions to an active application. If the applicant submits a revised plan which, in the view of the Planning Director, constitutes a major revision as described in §
278-47, the Planning Director may require that the plan be submitted as a new application. In such cases, the initial application shall become void and the revisions shall be processed as a new application pursuant to Subsection
A above. The Planning Director shall provide a report documenting the nature of the revision decision, including a fee analysis of any possible refund or additional amount required, and provide that report to the applicant and project designer.
G. Planning Commission agenda. The Planning Director will determine
that the preliminary subdivision plan is in compliance with all applicable
regulatory provisions, or that the review of the plan has reached
a point that any remaining issues involved with the plan under review
must be resolved by the Planning Commission. In either case, the plan
is prepared for presentation to the Planning Commission and placed
on the next available Planning Commission agenda. Placement on the
agenda is controlled by the Planning Commission Rules of Practice
and Procedures.
H. Planning Commission meeting. Advertisements, notifications, and materials
to be prepared by staff are to be consistent with all applicable regulatory
provisions and controlled by the Planning Commission Rules of Practice
and Procedures. Major subdivisions (conceptual subdivision plans only)
are required to be reviewed and advertised at a public meeting before
the Planning Commission. Projects located within Tier III designated
areas on the adopted Tier Map shall be reviewed at a public hearing
and include additional information regarding costs of providing public
services for the project and potential environmental issues or a natural
resources inventory data in accordance with Senate Bill 236, The Sustainable
Growth and Agricultural Preservation Act of 2012.
I. Planning Commission action. No preliminary subdivision plan shall
be considered for Planning Commission action until it has been reviewed,
recommendations have been made by the TRC, and a conceptual subdivision
plan has been presented to the Planning Commission. Prior to taking
action on the preliminary subdivision plan, the Department of Planning
and Growth Management shall provide a list of public comments from
the conceptual subdivision plan meeting in writing to the applicant
within 30 days for consideration to incorporate into the preliminary
plan. The applicant is required to respond in writing to the public
comments on the conceptual subdivision plan as a part of the preliminary
subdivision plan application. The Commission will review the application,
public testimony, the report from the Planning Director, as well as
any review agency comments, and public comments on the conceptual
subdivision plan, on the preliminary subdivision plan at a public
meeting. The applicant shall post signs on the project site as notice
to the public of the date and time of the Planning Commission's
consideration of the preliminary subdivision plan. Reasons for action
of deferral or disapproval and any requirements associated with a
conditional approval shall be incorporated in the Commission's
minutes and shall be available to the applicant and the public. The
following actions by the Commission shall have the meanings so stated:
(1) Any conceptual subdivision plan shall be valid for no more than a
one-year period from the date authorized to proceed by the Planning
Commission, during which time the applicant must submit a preliminary
subdivision plan application to keep the project active. Once the
preliminary subdivision plan is submitted, the conceptual subdivision
plan will become a part of the record and will no longer expire. If
a preliminary subdivision plan is not submitted within one year, the
conceptual subdivision plan expires and a new application, fee and
public meeting with the Planning Commission is required. Conceptual
subdivision plans may not be extended beyond the one-year deadline.
(2) Approval of the preliminary plan means the applicant is now authorized to proceed with application for the construction of physical improvements and to proceed with preparation of the final plat, and the approved preliminary subdivision plan is valid for a period of four years from the date of Planning Commission approval. A developer's agreement or the posting of a performance bond is now required per §
278-29.
(a)
Extensions of preliminary plans. Before expiration, the Commission
may, at the request of the applicant, extend the approval period in
increments of not more than four years at a time, twice for a maximum
extension period of eight years, except as otherwise noted. In conjunction
with such approval extensions, the Commission shall have the right
to require changes in the development when it finds that time has
necessitated such changes for the health, safety, and welfare of the
residents of the community or when applicable ordinances and regulations
have been changed. The Planning Commission may act on specific phases
of a preliminary plan individually, where such phases were defined
at the time of the initial approval.
[1]
Previously approved preliminary plans which have been approved
for at least eight years as of December 13, 2013, shall be eligible
for one additional four-year extension, provided they apply for such
prior to their preliminary plan expiration date.
[2]
Previously approved preliminary plans which have been approved
for less than eight years as of December 13, 2013, shall be eligible
for up to three additional extensions, provided all extensions do
not exceed 12 years from the preliminary plan's approval date.
[3]
Preliminary plans that have been extended for the maximum period of time specified in §
278-25I(2)(a) may be extended further if a moratorium on issuance of development approvals occurs, such that a preliminary plan is unable to satisfy §
278-25I(2)(b)[2]. Extensions will be equal to the time of such moratorium.
[4]
In conjunction with such approval extensions, the Commission
shall have the right to require changes in the development when it
finds that time has necessitated such changes for health, safety,
and welfare of the residents of the community or when applicable ordinances
and regulations have been changed. The Planning Commission may act
on specific phases of a preliminary plan individually, where such
phases were defined at the time of initial approval. An application
and associated fee will be provided to the Department of Planning
and Growth Management (PGM) with all requests for approval extensions.
[5]
Preliminary plans which exceed the expiration date and have not complied with extensions requirement or Subsection
I(2)(b)[2] below shall be null and void.
(b)
Adequate public facilities required. Approved preliminary plans
are required to provide for adequate public facilities to mitigate
the impacts of development and to commence construction in accordance
with the time set forth in § 278-25L(1) and (2)(a).
[1]
Any request for an extension beyond eight years from the initial
approval date shall include a revised and updated adequate public
facilities analysis and schedule for completion of required public
facilities along with an assessment of compliance with conditions.
A phasing plan may be considered as a part of the extension request.
[2]
Preliminary plans which have commenced construction and have
completed substantial physical improvements for the project, and have
also recorded at least 25% of the lots associated with the project,
are not required to apply and obtain extensions of preliminary plans
and can continue to completion without extension approvals, provided
the projects are also in compliance with any other conditions of approval.
[3]
Substantial physical improvements are those beyond excavation,
grading and filling and may include:
[a] Construction of roads, or a portion of roads for
the entire project (at least 25%) or for an entire phase of the project
as previously defined on a preliminary plan; or
[b] Construction and installation of stormwater management
facilities for the project (at least 25%) or for an entire phase of
the project; or
[c] For those projects on shared or public sewer and
water systems, construction of a portion of the sewer and water facilities
(at least 25%) for the project or for an entire phase of the project
as previously defined.
[4]
A letter of verification of substantial physical improvement
may be requested from the County by the applicant or owner. A fee
may be required with such verification.
(c)
Expiration. Upon the expiration of any approval period specified
under this section, the plan shall be deemed as disapproved by the
Commission, and shall be automatically null and void without any further
action by the Planning Commission being required.
(d)
Conformity review. A review is required for additional extensions of time, beyond the eight years from the initial date described in this subsection; unless otherwise in compliance with Subsection
I(2)(b)[2], such extensions may be granted by the Planning Commission, subject to the following requirements: extension request, and the amount of time that is anticipated to be needed to complete the project through recordation of all final plats.
[1]
A request for an extension must be submitted with an improvement
plan submitted by the applicant prior to the expiration date. This
request is to provide a reason for the extension request, and the
amount of time that is anticipated to be needed to complete the project
through recordation of final plats.
[2]
A timetable providing dates of submittals, approval, applicant
or administrative actions for preliminary plans and revisions, all
improvement plans and final plats are to be submitted as an attachment
to the request.
[3]
Upon receipt of the request, the Planning Director is to prepare a conformity review in the form of a staff report to the Planning Commission. This review is to compare the original or revised preliminary subdivision plan to the existing or approved physical improvements as shown on improvement plans, final plats, adequate public facility mitigation requirements, public water or sewer allocations, pace of development, including build-out rate, and the Planning Commission conditions of approval. The process for this review is to be consistent with that of a new preliminary subdivision plan, as described in §§
278-23 and
278-24 above.
[4]
As a part of the conformity review, the Planning Director shall
include recommendations to the Planning Commission for preliminary
subdivision plan extension approval or denial, or recommend any revisions
to the conditions of approval, including, but not limited to, an update
of the adequate public facilities or traffic impact studies, additional
infrastructure improvements based upon state or County capital improvement
projects, revised or new federal, state or County regulatory requirements,
or approved developments in the area.
[5]
The Planning Commission shall act on the request for extension consistent with the procedures of Subsection
I(2)(a), and may include new or revised conditions of approval, based upon the status of the development, County or state plans or regulatory requirements, surrounding development, and any other factors considered relevant by the Commission.
(3) "Conditional approval" means the applicant may proceed to the preparation
of the improvement plan, but only as approved according to all revisions
or conditions placed on the plan by the action of the Commission.
(a)
Planning Commission revisions. The Planning Director shall provide a letter within three days of the Planning Commission action to the applicant and project engineer detailing those corrections and will specify the number of copies to be submitted for signature. Signature sets are to be submitted within 10 days of conditional approval by the Planning Commission. The Planning Director shall verify the accuracy of the corrected signature sets prior to final approval. Upon verification of the accuracy of the corrections, the preliminary plan shall be considered approved. The four-year validity period and extension procedures described in Subsection
I(1) above shall become effective on the date of Planning Commission approval. The plan shall be deemed as disapproved by the Planning Commission if this requirement is not met.
(b)
Failure to comply with approved conditions. If at any time during
the development process the Planning Director determines that the
applicant has failed to adequately comply with the conditions imposed
as a part of the preliminary plan approval, the Planning Director
shall advise the applicant of the error. If the applicant does not
take appropriate measures to correct the discrepancy between the preliminary
plan and the development to date, the Planning Director shall notify
the Chairman of the Planning Commission to schedule a review of the
original preliminary plan and the current status of the project.
(c)
Required Planning Commission revisions. If the Planning Commission requires a major revision to the preliminary subdivision plan as described in §
278-47, the applicant shall have six months to submit the appropriately revised preliminary subdivision plan as described in Subsection
F. The preliminary subdivision plan may be administratively voided if the revision application is not submitted consistent with the requirements of that section, or within the six-month time period.
(4) "Deferral" means Commission action is delayed for definite reasons,
which shall be noted by the Commission. Certain specified changes
may have to be made in the plans, but a resubmittal of the plan for
formal review per these regulations is not required to be made by
the applicant.
(5) "Denial" means disapproval of the plan. For further action, the applicant must file a new application along with a filing fee and preliminary plan copies as required under §
278-24. The new application can only be accepted by the Planning Office if:
(a)
One full year has elapsed since the Planning Commission denial;
or
(b)
The new application demonstrates to the Planning Director that
it substantially addresses all Planning Commission objections to the
preceding application, which were described by the Commission in accordance
with this section; or
(c)
The new application is substantially different in concept, design,
density, or intensity from the preceding application. The Planning
Director will determine the suitability of the revised application
within 10 days of submission.
J. Transmittal of approved plans. The Planning Director shall be responsible
for the transmittal of signature copies of the approved preliminary
subdivision plan to the applicant, the project engineer or designer,
County records, and any relevant state and County agencies. The Department
of Planning and Growth Management shall not approve any improvement
plans or final plats for the subdivision unless it has received a
certified copy of the preliminary subdivision plan from the Planning
Office, and the improvement plans are in conformance with the approved
preliminary subdivision plan.
A forest stand delineation and preliminary forest conservation
plan must be submitted as required by County regulations and approved
by the Planning Director prior to, or concurrently with, all preliminary
subdivision plans. The final forest conservation plan must be approved
by the Planning Director prior to the issuance of any grading or land
disturbance activity or subdivision improvement permit associated
with the final subdivision plat.
The following procedures and standards shall apply whenever
a performance bond to the County Commissioners is required for subdivision
improvements:
A. A written request for a determination of the amount of bonding required
shall be filed with the Department of Planning and Growth Management
if the bond is to be reduced from the amount shown as the subdivision
improvement plan bond amount. An explanation for any reduction or
change in bond phasing is required and must be found acceptable by
the County.
B. Upon the determination of the necessary amount of bonding, the bond
must be posted in a form satisfactory to the County Commissioners.
C. The bond will be approved by the County Commissioners if the bond
is secured through a bonding company, is in the proper form and is
accompanied by the required power of attorney and certificate from
the Insurance Commissioner that the surety is licensed to do business
in Maryland as an insurer.
D. If any other type of bonding arrangement is desired, a written request
must be made to the County Commissioners. The written request should
be accompanied by a financial statement and any other information
which might be helpful to the County Commissioners in determining
whether or not to accept the bonding arrangement.
E. After consideration of the request for bonding, the applicant will
be notified of the County Commissioners' decision. If the County
Commissioners approve the bonding arrangement, the County Attorney's
office will prepare the necessary documents which will be submitted
to the applicant for execution.
F. Upon receipt of the executed document it will be referred to the
County Commissioners for their review and final approval. If the bond
is approved by the County Commissioners, the bond will be returned
to the Department of Planning and Growth Management, and the Planning
Commission's records relative to bonding requirements will then
show that the bond has been accepted. A copy of the approved bond
will be forwarded to the applicant.
All major final subdivision plats shall be processed as follows:
A. Preapplication conference. The applicant is encouraged to prepare
a draft of the proposal for discussions with the Department of Planning
and Growth Management and other government and utility agencies in
order to share information and open a dialogue at the earliest stages
of the process. This conference is not mandatory.
B. Application, distribution and review. The application, distribution
and review procedures for final subdivision plats shall conform to
the following procedure:
(1) Solicitation of comments regarding compliance with these regulations,
the Zoning Ordinance, the approved preliminary plan (if applicable), the Forest
Conservation Ordinance, Adequate Public Facilities Ordinance and any other statutory
requirements of applicable state and local agencies.
(2) The application will be null and void and all fees forfeited if the
owner or representative fails to respond to all administrative or
regulatory comments presented by relevant review agencies of the County
or state within six months of the written review comments being mailed
to the owner and/or representative.
(3) Any extensions for resubmittals and/or responses to written comments
shall be requested in writing and may be for no more than three months
per request. Only two such extensions may be granted by the Deputy
County Administrator for Planning and Growth Management.
(4) A new application for a final subdivision plat, including all applicable
fees, must be submitted if the applicant fails to resubmit or respond
to written comments within the time allotted.
C. Plat approval by Planning Commission (or by the Planning Director
with delegated authority). In accordance with § 278-23A(5)(a),
the Planning Commission may, at its discretion, delegate this review
authority to the Planning Director.
[Amended 11-18-2014 by
Bill No. 2014-11]
(1) No final plat shall be considered for action by the Commission (or
the Planning Director) until it has been reviewed and recommendations,
made by the Planning staff. The Commission, or Planning Director,
upon receipt of both the report from the Planning staff as to the
adequacy of the final plat, and any reports from responsible officials
as to all other prerequisites for final plat approval, shall act for
approval, approval with conditions, deferral, or disapproval. The
reasons for action of deferral or disapproval and any requirements
associated with a conditional approval shall be fully incorporated
in the Commission's minutes or the project file and shall be
available to the applicant and the public. No final plat may be approved,
however, unless it is found by the Planning Commission (or Planning
Director) to conform with the preliminary subdivision plat as approved,
and in conformity with the requirements of these regulations.
(2) The following actions by the Planning Commission (or Planning Director)
shall have the meanings so stated:
(a)
"Approval" means the final plat is ready to be certified by
the Commission Chairman (or Planning Director, with delegated authority),
with no further corrections or revisions of the plat required by the
applicant.
(b)
"Conditional approval" means the final plat cannot be certified
by the Planning Commission Chairman (or Planning Director, with delegated
authority) until the applicant has complied with the conditions of
approval set forth in the Planning Commission (or Planning Director,
with delegated authority) action on the plat. The applicant shall
have 30 days from the date of action to resubmit the revised plat
to the Planning Office, unless otherwise specified as a part of the
conditional approval. An extension request may be granted for a period
of up to 30 additional days by the Planning Director, only after a
written request is made by the applicant prior to expiration of the
conditional approval period. Information is to be included in the
request which details the reasons for the delay. Upon receipt of the
revised plat, the Planning Office shall prepare a report on the changes
to the plat and will forward the revised plat to the Chairman (or
Planning Director, with delegated authority), for signature per this
section.
(c)
"Deferral" means that the Commission (or Planning Director)
has deferred action until some future Commission meeting in order
that certain clarification can be made in regard to the plat. No completely
new resubmittal is required of the applicant as is the case for disapproval.
(d)
"Disapproval" means disapproval of the plat. In order to request
a new review and action, the applicant must file a new application
along with a filing fee, plan copies, and other material as required
under this section which address the deficiencies or issues upon which
the Planning Commission (or Planning Director) based the disapproval
action. Failure to meet with the requirements established as a condition
of approval per this section also constitutes an automatic disapproval
of the plat.
D. Certification of approval. Upon approval, the Chairman of the Planning
Commission shall affix his or her signature to four sepia/Mylars provided
by the applicant. Approval of the final plat by the Planning Commission
shall not be deemed to constitute or effect an acceptance for the
dedication of any street or other proposed public way or space on
said plat, but the showing of such ways or space shall be deemed to
be an offer of dedication to be conveyed to the County.
E. Approved plats filed. The Planning Director or designee shall file
one sepia/Mylar for recordation in the land records of Charles County
within 30 days of signature by the Planning Commission Chairman; forward
one sepia/Mylar to the Tax Assessor's Office; forward one sepia/Mylar
to the developer's project engineer; and forward one sepia/Mylar
to the Department of Planning and Growth Management for recordkeeping
purposes. The Planning Director shall print paper copies and distribute
them to relevant agencies, at a cost to the applicant.
F. As-built plans. Revisions to any final plat that are necessary due
to post-recordation changes in utility easements may be reviewed and
approved by the Deputy County Administrator for Planning and Growth
Management, provided that the only plat revisions are to temporary
or permanent utility easements. Otherwise, any revision to a recorded
final plat must follow the requirements of this section.
The following shall appear on the plat:
A. Owner's certification, acknowledging ownership of the property
and agreeing to the subdividing thereof as shown on the plat, signed
by the owner or owners and any and all lien holders, and witnesses;
also offering for dedication all streets and land areas intended for
public improvements. Areas identified as being necessary for future
public improvements shall be dedicated to the County or clearly labeled
as reserved for dedication at no cost to the County, at such time
as required. A deed of conveyance is to be prepared by the applicant
and is required at the time of conveyance to the County for any land
dedicated or reserved for future dedication.
B. Certificate of the licensed surveyor to the effect that the plat
represents a survey made by him, that it is accurate to the best of
his knowledge, that all monuments indicating the boundaries of the
property thereon actually exist and their locations and descriptions
are correctly shown and that all requirements of these regulations
and of other applicable laws have been fully complied with.
C. An approval block for the following: the Health Department, Deputy
County Administrator for Planning and Growth Management and the Chairman
of the Charles County Planning Commission.
Approval of a plat does not constitute acceptance by the County
of the offer of dedication of any streets, sidewalks, parks or other
public facilities shown on a plat. However, the County may accept
any such offer of dedication through the acceptance of the development
agreement. All such offers of dedications are considered to be irrevocable
and without limitations on time unless a document from the County
Commissioners, upon the recommendation of the Planning Commission,
states that the dedicated facility or land is not required by the
County.
The County will not accept any dedication of any land, easement
or public improvement associated with that land without a deed of
conveyance. A deed of conveyance is to be prepared by the applicant
and submitted for review and approval concurrently with the record
plat for the dedication. A dedication offer is not considered accepted
until approved by the County and signed by the Deputy County Administrator
for Planning and Growth Management and the County Attorney. All such
dedications are considered to be irrevocable and without limitations
on time unless a document from the County Commissioners, upon the
recommendation by the Planning Commission, if provided to the developer,
states that the dedicated facility or land is not required by the
County.
All facilities and improvements with respect to which the owner makes an offer of dedication to public use shall be maintained by the owner until such facility or improvement is conveyed by deed and accepted by the appropriate public authority, or legal entity such as a homeowners' association, as described in these regulations. Acceptance of dedication shall not occur until the requirements of this article and §
278-64, if applicable, are met.
The County is not responsible for the enforcement of individual
covenants such as common maintenance and common access agreements.
Such covenants shall be entered into court records and shall not violate
local, state and federal laws.