Town of Mount Airy, MD Article VIII Site Plan Approval Process

[Amended 10-7-2013 by Ord. No. 2013-5]

§ 98-29 Site plan required.

[Amended 11-2-2015 by Ord. No. 2015-12]

When the Zoning Administrator determines that a site plan is required in accordance with the requirements of the Town of Mount Airy Zoning Ordinance, the site plan shall be prepared in conformance with the requirements set forth herein, and shall be reviewed and approved according to the procedures outlined herein.

§ 98-30 Procedures for site plan review and approval.

A. Presubmittal conference. A presubmittal conference is required with the Town Planner prior to application to ensure general compliance with planning and zoning regulations and procedures.

B. Compliance with Forest Conservation Ordinance.[1]The applicant must have prepared and submit the forest stand delineation plan with the concept plan for review at the concept plan review stage, or submit a request for a letter of exemption at the time of concept plan review.

[Amended 1-9-2023 by Ord. No. 2022-12]

[1] Editor's Note: See Ch. 62, Forest Conservation.

C. Concept plan submission. After the presubmittal conference, a concept plan shall be submitted to the Town Planner, who shall thereupon review the concept plan for completeness. The applicant will be sent a letter acknowledging acceptance of the submittal, or, if incomplete, the submittal will be returned with the reasons for its return. The plans will be transmitted by the Town Planning Department to review agencies for comments, Routine agency review normally includes the agencies listed on the concept plan transmittal form. Other agencies may be involved based on the scope and location of the project, including the Maryland Department of the Environment and the Army Corps of Engineers. Review comments will be compiled by the Town Planning Department and forwarded to the applicant within 30 days of acceptance of the submittal. If revised plans are submitted, the revision block must be updated, and any plan changes must be identified by a cloud on the concept plan.

D. Water and sewer allocation application. If the project proposes allocation of Town water and/or sewer capacity, at the time of the submission of the proposed concept site plan, the owner and/or developer of the proposed project shall also submit to the Town's Planning Department an application for water and/or sewer allocation on a form to be provided and updated from time to time by the Town and made available at Town Hall for allocation of water and/or sewer capacity to the project pursuant to Chapter 109, § 109-19.1 et seq.

[Amended 11-2-2015 by Ord. No. 2015-12]

E. The Town Planning Commission shall determine at the concept plan review stage the availability of water and sewer capacity to the allocation category from which capacity is sought, the proposal's consistency with the Town's Water and Sewer Master Plan and otherwise shall review the water and/or sewer allocation application in accordance with Chapter 109, § 109-19.1 et seq.

[Amended 11-2-2015 by Ord. No. 2015-12]

F. Concept plan and water and sewer allocation application review and approval. Upon receipt of comments from the agencies and submission of any revised proposed concept plan as set forth in Subsection B above, the Town Planning Commission shall schedule the concept plan for review and approval for a regularly scheduled meeting or for a special meeting, if applicable. At the meeting, the Planning Commission shall undertake review of the concept plan, shall undertake an Adequate Public Facilities Ordinance review pursuant to Chapter 25, § 25-4 et seq., and shall review the water and/or sewer allocation application in accordance with Chapter 109, § 109-19.1 et seq. In advance of the meeting at which the Planning Commission is to undertake concept plan review, the Town of Mount Airy Planning Department shall prepare a staff report to the Mount Airy Planning Commission and shall make a recommendation on whether to approve, conditionally approve, disapprove, continue action or take other action on the concept plan and water and sewer allocation application. The staff report may also recommend continued review to the next scheduled Planning Commission meeting. If water and/or sewer capacity is available, the extension of water and sewer capacity is consistent with the Town's Water and Sewer Master Plan and otherwise the standards for extension of water and/or sewer allocation pursuant to Chapter 109, § 109-19.1 et seq., are established for only a portion of the concept site plan, the Town shall notify the applicant of the option to revise the plan to phase the project. If the applicant chooses to revise the concept site plan so as to phase the project, the applicant must also revise the water and sewer allocation application and concept site plan submission accordingly. The date of the application for water and/or sewer allocation shall remain the original date of application for the first phase only, and shall be the date of submission of a phased concept plan and water and/or sewer allocation application for the remaining phases. No concept plan may be approved without an adequate public facilities approval pursuant to § 25-4 et seq. and a determination that water and sewer capacity is available for the concept plan and that extension of water and/or sewer capacity is feasible and consistent with the Town's Water and Sewer Master Plan, though a concept plan may be approved pending water and sewer capacity availability pursuant to § 25-7A(1) for the sole purpose of the development project's placement on the waiting list established in § 109-19.5I of the Town Code (hereinafter throughout this chapter, "the waiting list"). The Planning Commission by a majority vote may take one or more of the following actions:

[Amended 11-2-2015 by Ord. No. 2015-12]

(1) Approve the concept plan. If water and/or sewer capacity is available for the project from the allocation category for which allocation is sought when the concept plan is approved, such allocation shall be reserved and set aside for the project or applicable phase thereof pending and conditioned upon final site plan approval and water and/or sewer allocation permit issuance. The applicant may proceed to final site plan submittal.

(a) If water and/or sewer capacity is not available for the project, or any phase thereof, from the allocation category for which allocation is sought when the concept plan is considered, the concept plan may be "approved pending water and/or sewer capacity availability," in which case the applicant may proceed to final site plan submittal and may be placed on the waiting list.

(2) Conditionally approve the site plan. All conditions of the approval must be met prior to final approval. Revisions that address minor conditions may be reviewed and approved by staff. Major revisions may be required to be resubmitted to the Planning Commission. The time required for this process varies depending on the nature of the conditions.

(3) Disapprove the concept plan, in which case the applicant may revise the plan to address the reasons for disapproval, and reapply, beginning at Subsection C above.

(4) Continue action on the concept plan, in which case the applicant may be required to submit additional information for continued discussion at the next meeting.

(5) Take any other action that is lawful and which the Planning Commission determines to be in the best interests of the Town.

G. Final site plan submittal. A final site plan application must be submitted to the Town within six months of receiving concept plan approval from the Planning Commission. Failure to timely submit a proposed final site plan shall result in withdrawal of the adequate public facilities certification and water and/or sewer allocation capacity to the project and/or withdrawal of the project from the waiting list and shall require that the project restart at the concept plan stage of development plan submission.

[Amended 11-2-2015 by Ord. No. 2015-12]

(1) Information to accompany submittal. The final site plan submittal must include all information listed on the final site plan application, required review fee computation sheets[2] and review fees, and the appropriate number of copies of plans and supporting data with a transmittal attached to each. The final site plan submittal should be filed with the Town of Mount Airy, Planning Department, P.O. Box 50, 110 S. Main Street, Mount Airy, Maryland 21771.

[2] Editor's Note: See Appendix B, Site Plan Application, and Appendix C, Site Plan Review Fee Computation Sheets, included as an attachment to this chapter.

(2) Forms. Copies of the final site plan application, water and/or sewer allocation application, review fee computation sheets, and site plan transmittal are available at the Mount Airy Town Hall and the Carroll County Bureau of Development Review. These forms must be filled out completely or submittals will be returned.

(3) Final site plan. Refer to the Site Plan Requirements Checklist[3] for required site plan format and information to be included on the plans. Plans must be drawn by a licensed engineer, surveyor, or architect and properly sealed. The site plan must conform to all applicable ordinances, including the Town of Mount Airy Zoning Ordinance,[4] Subdivision Regulations and Landscape Ordinance, and certain Carroll County ordinances that the Town has adopted. All projects are subject to the Town ordinances and regulations. It is the applicant's responsibility to check with Carroll County to confirm applicability of any of the Carroll County ordinances; however, a rough guideline for applicability is provided below:

(a) Carroll County Grading and Sediment Control Ordinance No. 100. All site plans that involve over 5,000 square feet of grading, or that involve over 90 cubic yards of dirt are subject to the requirements of the Grading and Sediment Control Ordinance.

(b) Carroll County Stormwater Management Ordinance No. 22-C. All commercial site plan submissions that disturb over 5,000 square feet of land area shall include, with the site plan submittal, stormwater management plans or an application for a waiver. If stormwater management is required, a maintenance schedule and certification blocks shall be included on the site plan.

(c) Carroll County, Maryland, Code of Public Local Laws and Ordinances, Chapter 150, Forest Conservation. All commercial site plan submissions that result in the cumulative disturbance of 25,000 square feet of any property are subject to the requirements of the Forest Conservation Ordinance (unless exempted by the provisions of Section 150.21(B) of Chapter 150.)[5] All projects subject to Chapter 150 shall include with the site plan submittal an approved forest stand delineation or approved letter of exemption, and a forest conservation plan.

[Amended 1-9-2023 by Ord. No. 2022-12]

[5] Editor's Note: Said Chapter 150, Forest Conservation, is on file in the Town offices.

[3] Editor's Note: See Appendix A, Site Plan Requirements Checklist, included as attachments to this chapter.

[4] Editor's Note: See Ch. 112, Zoning.

H. Plan review and distribution. The final site plan submittal will be reviewed for completeness. The applicant will be sent a letter acknowledging acceptance of the submittal, or, if incomplete, the submittal will be returned. The plans will be transmitted by the Town Planning Department to review agencies for comments. Routine agency review normally includes the agencies listed on the site plan transmittal form. Other agencies may be involved based on the scope and location of the project, including the Maryland Department of the Environment and the Army Corps of Engineers. Review comments will be compiled by the Town Planning Department and forwarded to the applicant within 30 days of acceptance of the submittal. If revised plans are submitted, the revision block must be updated, and any plan changes must be identified by a cloud on the plan.

I. Water and sewer allocation permit. Water and/or sewer allocation permits shall only be issued if a final site plan has been approved and subject to the requirements of Chapter 109, § 109.1 et seq.

[Amended 11-2-2015 by Ord. No. 2015-12]

J. The Town Planning Commission shall determine at the final site plan review stage whether the final site plan proposal, or any phase thereof, increases the demand for water and/or sewer allocation from that proposed in the approved concept plan. If the Planning Commission determines that the final site plan proposal, or a phase thereof, does not increase the demand for water and/or sewer allocation, the final site plan review and approval process shall proceed. If it is determined that the final plan proposal increases the demand for water and/or sewer allocation from that proposed in the approved concept plan, the owner and/or developer may resubmit a final plan in accordance with the approved concept plan or may submit an amendment to the concept plan for consideration as to the additional allocation requested, which shall be reviewed in accordance with the concept plan process outlined above. The application date for the additional allocation requested shall be the date of submission of an amended concept plan.

[Amended 11-2-2015 by Ord. No. 2015-12]

K. Review and approval of final site plan. All review agencies must approve or conditionally approve the site plan at least 15 days prior to the scheduled Planning Commission meeting. The Town of Mount Airy Planning Department will then prepare a staff report to the Mount Airy Planning Commission and shall make a recommendation on whether to approve, conditionally approve, disapprove, or continue action on the site plan. The staff report may also recommend continued review to the next scheduled Planning Commission meeting. The unconditional final site plan approval from the Planning Commission must be achieved within 12 months of the final site plan application or within six months of an offer by the Town to extend water and sewer allocation which would remove the project, or a phase thereof, from the waiting list, whichever shall be later. Failure to timely obtain approval of a final site plan shall result in withdrawal of the adequate public facilities certification and water and/or sewer allocation capacity to the project and/or withdrawal of the project from the waiting list and shall require that the project restart at the concept plan stage of development plan submission. The Planning Commission will vote on the final site plan and water and sewer allocation permit with one of the following actions:

[Amended 11-2-2015 by Ord. No. 2015-12]

(1) If the final site plan is approved and a water and sewer permit is issued, the applicant may proceed to Subsection L.

(2) If the final site plan is conditionally approved, all conditions of the approval must be met prior to final approval. Revisions that address minor conditions may be reviewed and approved by staff. Major revisions may be required to be resubmitted to the Planning Commission. The time required for this process varies depending on the nature of the conditions. However, the unconditional final site plan approval must occur within 12 months of the original application submittal or within six months of an offer by the Town to extend water and sewer allocation which would remove the project, or a phase thereof, from the waiting list, whichever shall be later.

(3) If the final site plan is disapproved, the water and sewer allocation shall continue to be reserved for the application pending approval of the final site plan. The applicant may revise the plan to address the reasons for disapproval, and reapply, beginning at Subsection H. However, unconditional final site plan approval by the staff (minor) or Planning Commission (major) must occur within 12 months of original application submittal or within six months of an offer by the Town to extend water and sewer allocation which would remove the project or any phase thereof from the waiting list, whichever shall be later.

(4) If a water and sewer allocation permit cannot be issued solely because the Town lacks available water and/or sewer capacity for the allocation category from which the project seeks an allocation, but the final site plan may otherwise be approved, the final site plan shall be "approved pending water and sewer capacity availability," and the project shall remain in line on the waiting list for water and sewer allocations subject to the terms contained therein until such time as water and sewer allocation becomes available to the project from the allocation category from which the project seeks an allocation. A project that has been approved pending water and sewer capacity availability pursuant to this subsection and is on the waiting list shall come before the Planning Commission, upon the Town's offer of water and/or sewer allocation, at which time the Planning Commission shall review issuance of an adequate public facilities certification and water and/or sewer allocation permit issuance for the project or any phase thereof, as applicable.

(5) If continued action, the applicant may be required to submit additional information for continued discussion at the next meeting.

L. Application for building permits. Building permits must be applied for within 24 months of receiving a water and sewer allocation permit. Building permits may be applied for after the Town of Mount Airy has issued a letter of acceptance for the final site plan submittal. Building permits are issued at Town Hall.

[Amended 11-2-2015 by Ord. No. 2015-12]

M. Establishment of security and/or public works agreement. If the site plan describes any of the following improvements, the applicant may be required to provide security to the Town to guarantee completion of that work: stormwater management, sediment control, improvements within the public right-of-way, landscaping, reforestation or afforestation. If security is required, the applicant must submit a cost estimate for said work to be approved by the Town and applicable county agencies.

(1) Landscaping only. If landscaping is the only work requiring security, the applicant may provide a check or cash for 110% of the approved estimate.

(2) Improvements other than landscaping.

(a) If other improvements are involved, the applicant may be required to enter into a public works agreement with the Town, and provide security for 110% of the total estimate for said improvements.

(b) Approval by Town Council. The public works agreement will be prepared by the Town's attorney, and any costs associated with the preparation or recordation of the PWA will be charged to the applicant. The public works agreement must be approved by the Town Council at a regular Council meeting. The Town Council meets the first Monday of each month at the Town Hall at 8:00 p.m. To be considered for approval at a Council meeting, the applicant must submit the cost estimate for said work no less than 15 days prior to the Council meeting.

N. Final approval, signatures and distribution of site plan. Once the final site plan has been revised to meet all conditions of approval, and the PWA, if required, has been established, the Town will request that the applicant submit two Mylar copies and one print set of the final site plans for signature by approving agencies and the printing fee to cover the cost of copy and distribution of approved plans. (Do not submit original plans.) The Mylar copies must be signed, sealed and dated by the engineer or surveyor, originally. The owner must also sign and date the certification, originally. The Town will have the final site plans signed by the Planning Commission Chairman, and will then have the Mylars picked up by the Carroll County Bureau of Development Review Plan's expeditor to be circulated to all applicable state and county agencies for signature approval. When all signatures have been obtained, one of the Mylar sets will be kept by the Carroll County Bureau of Development Review, one will be kept by the Town of Mount Airy, and one will be returned to the engineer or surveyor. Carroll County will make prints for distribution to agencies listed in Appendix K.[6]

[6] Editor's Note: Appendix K is included as an attachment to this chapter.

O. Application and issuance of grading permits. After the Carroll County Bureau of Stormwater Management and Sediment Control has received a copy of the approved site plan, the applicant may apply to that office for a grading permit. (From the date of submission of Mylars to the Town for final signature and approval, it may be approximately two weeks until this Bureau receives a copy of the approved site plan.) After the Town receives a copy of the approved site plan, the Town may issue the building permit. Building permits and grading permits must be issued within 24 months of receiving final site plan approval from the Planning Commission. An owner and/or developer of a project may, at his/her/its own risk and without vesting rights to further construction, apply for and obtain a grading permit for the project, and may, at his/her/its own risk and without vesting rights to further construction, grade the site in accordance therewith if the project has a received final site plan approval conditioned on receipt of water and/or sewer allocation, thereby being placed onto the waiting list, if the owner and/or developer agrees to execute a public works agreement that waives any claim that grading the project vests rights in the owner and/or developer to continue with development of the project. No owner or developer of a project shall, pursuant to this subsection, install footers, foundations or otherwise construct the project beyond grading the site without the issuance of a water and sewer allocation permit and building permits.

[Amended 11-2-2015 by Ord. No. 2015-12]