[Amended 10-7-2013 by Ord. No. 2013-5; 11-2-2015 by Ord. No. 2015-12]
Whenever a subdivision is proposed that consists of five or fewer lots and does not involve the construction of new streets or extension of existing streets, nor involves the construction of any other improvements to be dedicated to or maintained by the Town, the developer is required to submit plans for approval by the Mount Airy Planning Commission in accordance with the provisions and procedures set forth in this article. Minor subdivision plan approval involves the submittal and approval of two plan sets, the concept plan and the final plat, for approval by the Mount Airy Planning Commission. Additional information may be required depending on the scope of the proposed subdivision.
[Amended 10-7-2013 by Ord. No. 2013-5; 11-2-2015 by Ord. No. 2015-12]
The concept plan review is intended to generate a consensus between the applicant and the Town regarding the appropriate design of the subdivision. The concept plan does not require fully detailed information, but should include some basic information regarding environmental features and a rough street and lot layout, and should be specific enough to allow for an adequate public facilities review and review of any water and/or sewer allocation application submitted with the concept plan and other items as listed in the Concept Plan Requirements List.[1] The concept plan is not required to address the specifics of all applicable ordinances; however, the applicant should be familiar with basic regulatory requirements so that the concept plan can be developed into a final plat without major design changes. The following procedures must be adhered to, in the following order, to receive concept plan 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. 
Submit forest stand delineation. The forest stand delineation (FSD) must be submitted and approved at the time a concept plan is submitted and shall be reviewed for approval at the time of concept plan review. The FSD must conform to requirements of the Carroll County, Maryland, Code of Public Local Laws and Ordinances, Chapter 150, Forest Conservation,[2] which has been adopted by the Town of Mount Airy.[3] If the project is exempted from the requirements of the Forest Conservation Ordinance, the Town Planner must receive an approved letter of exemption prior to submission of a concept plan.
[Amended 1-9-2023 by Ord. No. 2022-12]
[2]
Editor's Note: Said Chapter 150, Forest Conservation, is on file in the Town offices.
[3]
Editor's Note: See Ch. 62, Forest Conservation.
C. 
Submit concept plan. The applicant must submit a concept plan for review by the Town Planning Commission. The concept plan must be submitted 30 days prior to the Planning Commission hearing at which the plan will be reviewed. This submittal must include all information listed on the Concept Plan Requirements Checklist,[4] including a completed subdivision plan application, required review fee computation sheets and review fees, and the appropriate number of copies of plans and supporting data with a transmittal attached to each. The concept plan submittal should be filed with the Town of Mount Airy Planning Department, 110 S. Main Street, P.O. Box 50, Mount Airy; Maryland 21771.
[Amended 1-9-2023 by Ord. No. 2022-12]
[4]
Editor's Note: See Appendix D, Concept Plans Requirements Checklist, included as an attachment to this chapter.
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 concept plan and other information required by this section, the owner and/or developer of the proposed project shall also submit to the Town's Planning Department an application for water and 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.
E. 
Forms. Copies of the subdivision plan application, water and/or sewer allocation application, review fee computation sheets, plan review transmittal, and Concept Plan Requirements Checklist 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 with the reasons for their return.
F. 
The Town Planning Commission shall determine at the concept plan review stage the availability of water and sewer capacity, the proposal's consistency with the Town's Water and Sewer Master Plan and otherwise shall review the water and/or sewer allocation permit application in accordance with Chapter 109, § 109-19.1 et seq.
G. 
Staff review. Town planning staff will review the concept plan(s) and send copies to appropriate agencies for review and comment. Approximately three working days prior to the scheduled Planning Commission meeting, staff will prepare a report to the Planning Commission, including comments from other agencies, for its review prior to the meeting.
H. 
Planning Commission meeting. At the meeting, staff will review the report. The applicant may then make a presentation, and comments from the public will be heard. The staff report will include a recommendation regarding approval of the plan and water and sewer allocation proposal, if applicable. The Planning Commission may comment on any issue, such as to the general layout of streets, blocks, lots and parcels, and any other item of relevance to appropriate design and development of the property. 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 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. The Planning Commission, by a majority vote, may take one or more of the following actions:
(1) 
Approve the concept plan. If water and/or sewer capacity is available for the project from the allocation category for which allocation is to be made when the concept plan is approved, such allocation shall be reserved and set aside for the project pending and conditioned upon final plan approval and water and/or sewer allocation permit issuance. The applicant may proceed to final plan submittal.
(a) 
If water and/or sewer capacity is not available for the project from the allocation category for which allocation is to be made 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 plan submittal and may be placed on the waiting list.
(2) 
Conditionally approve the concept 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.
[1]
Editor's Note: See Appendix D, Concept Plans Requirements Checklist, included as an attachment to this chapter.
[Amended 10-7-2013 by Ord. No. 2013-5; 11-2-2015 by Ord. No. 2015-12]
After the Planning Commission has recommended a concept plan layout, the subdivider shall prepare the final plat(s). These plans must include all information listed on the Final Plat Requirements Checklist,[1] and shall be filed simultaneously with the Town of Mount Airy for review and approval. If the final plat is not consistent with the layout, the applicant will be required to resubmit a revised concept plan to the Planning Commission for recommendation. The Town Staff shall determine at the final plan stage whether the final plan proposal increases the demand for water and/or sewer allocation from that proposed in the approved or conditionally approved concept plan. If the Town staff determines that the final plan proposal does not increase the demand for water and/or sewer allocation, the final 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.
A. 
Final plats. The final plat shall conform in all respects to the requirements of the Maryland Code, Real Property Article, Title 3, Subtitle 1, § 3-108, 1981 Replacement Volume, as amended, which relates to the making, filing, and recording of plats.
B. 
Other plans or documents required. Any other final plans or documents associated with the project and subject to Town approval shall also be submitted at this time. This may include items such as homeowner association documents, restrictive covenants to be established, forest conservation easement agreements, and other items required of the subdivision.
C. 
Plan distribution and review. The final plat submittal will be reviewed for completeness. Once the Town Planning Commission has reviewed the plan and verified its completeness, the applicant will be sent a letter acknowledging acceptance of the submittal, or, if incomplete, the submittal will be returned. If accepted, the Town Planning Department will forward copies of these plans to Town and county agencies for review and comment.
D. 
The applicant addresses agency comments and revises plat(s). Review comments will be compiled by the Town Planning Department and a staff report will be forwarded to the applicant within 30 days of acceptance of the submittal. Outstanding agency comments will be forwarded to the applicant upon receipt by the Town. The applicant must address the comments, and submit revised plans if required. If revised plans are submitted, the revision block must be updated, and any plan changes must be so noted on the plan. After each resubmission, the Town Planning Department will have 30 days to compile comments and forward a staff report to the applicant. Approval or conditional approval must be received from all reviewing agencies at least 15 days prior to the Planning Commission hearing at which final plat approval is sought.
[1]
Editor's Note: See Appendix F, Final Plat Requirements Checklist, included as an attachment to this chapter.
After the final plat has been approved by the Planning Commission, the applicant may submit the final plat for signatures and recordation. Follow the process listed below for the county the project is located within:
A. 
Carroll County. Submit three diazo-Mylar copies, three photo-cronoflex Mylar copies, and one print copy of the final plat for approval signatures and recordation, and the printing fee to cover the cost of plan copies for distribution. (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, and have this notarized. The Town will have the final plat copies signed by the Planning Commission Chairman. The Town will then have the copies picked up by the Carroll County Bureau of Development Review Plans expediter and taken to the County Health Department for signature approval, and then have the plats recorded with the Clerk of the Court. Once recorded, one diazo-Mylar copy will be kept by the Carroll County Bureau of Development Review, and one will be sent back to the Town of Mount Airy. (Two of the photo-cronoflex Mylars will stay at the Clerk of the Courts office; one photo-cronoflex, one diazo-Mylar and one blueprint will be given the Tax Assessment Office.) Carroll County will make prints for distribution to the agencies listed in Appendix K,[1] and will bill the owner for the cost of copies.
[1]
Editor's Note: Appendix K is included as an attachment to this chapter.
B. 
Frederick County. Submit the original plats, one photo-Mylar copy, and three diazo-Mylar copies for approval. The applicant must also include a check to cover recording costs at the county. The Town will have the plats signed by the Planning Commission. The Town will then take the signed plats and the check to the Frederick County Department of Planning, who will transmit the plats to the Health Department for signature. The Planning Department will then have the plats recorded. Once recorded, the Planning Department will notify the Town to pick up the original and one diazo-Mylar copy of the recorded plats. The Town will return the original to the engineer/surveyor, and will retain the diazo-Mylar copy for Town records. The engineer/surveyor will be required to make prints for distribution to the agencies listed in Appendix J,[2] and submit these copies with a transmittal attached to each to the Town for distribution.
[2]
Editor's Note: Appendix J is included as an attachment to this chapter.