A.
Submission procedure.
(1)
All plans intended to subdivide land within the City of Havre de
Grace shall be submitted as a preliminary plan to the Director of
Planning and the Director of Public Works who shall each review the
plans for the purpose of determining if public service facilities
are adequate to serve each property within the proposed subdivision
and whether the plans are in compliance with applicable codes or laws.
The applicant's engineer or surveyor is responsible for the representations
shown on the preliminary plan meeting the minimum requirements of
the applicable codes.
(2)
The preliminary plan shall fully comply with the requirements of
this chapter and any other applicable City Code chapters.
(3)
A preliminary plan shall be prepared by a surveyor licensed in the
State of Maryland.
B.
Information required. At a minimum, the preliminary plan shall include
all items as specified on the most recent checklist provided by the
Departments of Planning and Public Works, which is incorporated by
reference and made a part hereof as though it were fully stated herein.
C.
Review and approval procedure.
(1)
The Department of Planning shall coordinate the review of preliminary
plans with other City agencies. The Department shall also solicit
comments from other county, state or federal agencies where appropriate.
(2)
The Department of Planning may administratively review and approve
subdivisions of up to two lots; however, piecemeal subdivision shall
not be permitted to avoid the requirements of this chapter.
(3)
The Department of Planning shall prepare a staff report that incorporates
background information on the subject property, provides a recommendation
for approval or denial, and incorporates recommended conditions as
necessary. The staff report shall be forwarded to the Planning Commission
at least seven business days prior to the hearing before the Commission.
(4)
If a forest stand delineation (FSD) is required by Chapter 81 of the City Code,[1] as amended, the preliminary plan shall not be submitted
for review until the FSD has been approved by the Department of Planning.
The forest conservation plan (FCP) shall be approved prior to the
recordation of the final plat.
(5)
The proposed subdivision shall demonstrate adequate public facilities.
The subdivider shall demonstrate to the Directors of Public Works
and Planning that all public service facilities specified herein are
adequate, or that provisions have been made for the construction of
adequate facilities. Public service facilities shall include water,
sewer, and roads. Should the Mayor and City Council adopt an adequate
public facilities ordinance, then the preliminary plan shall comply
with the specific requirements contained in that ordinance.
(6)
If a traffic impact analysis (TIA) is required, the analysis shall
be completed and approved by the Departments of Planning and Public
Works prior to the submission of a preliminary plan.
(7)
If an analysis of the water and sewerage system is required, the
analysis shall be completed and approved by the Department of Public
Works prior to the submission of a preliminary plan.
(8)
If the aforesaid facilities are not adequate at the time each Director
reviews the preliminary plan, the final plat shall not be approved
unless each Director receives assurance that adequate public facilities
will be constructed in accordance with the aforesaid specifications
prior to the issuance of a use and occupancy permit for any structure
in the subdivision. Assurances shall include, but not be limited to,
statements of availability by public utility companies, bonds and
written agreements.
(9)
The Planning Commission may approve, deny or approve with conditions
a preliminary plan. If approved with conditions, the Planning Commission's
approval letter shall state the basis for any required improvements.
At any time, it may table any matter for further discussion or to
acquire additional information. A decision shall be rendered within
60 days of the last Planning Commission review, unless an extension
is agreed upon, in writing, by all parties involved in the hearing,
or the plan shall be deemed approved. The plan may be tabled if the
Planning Commission requires the applicant to provide additional information.
(a)
Approval of the preliminary plan shall be set forth in a letter
from the Planning Commission, or the Department of Planning at the
request of the Chair. This letter shall include any conditions of
approval and must be countersigned by the applicant and returned to
the Department of Planning within 45 calendar days indicating acceptance
of terms.
(b)
Any substantial change to the preliminary plan may require the
submission of a revised plan for review by the Director of Public
Works and Director of Planning prior to any further action. The Department
of Planning may require the revised preliminary plan to be reviewed
and approved by the Planning Commission.
(10)
If a variance to the design requirements of Table 1 of Chapter 205[2] is required, then the Board of Appeals shall first approve,
deny or approve with conditions the variance(s) requested. If approved
with conditions, the Board's approval letter shall state the basis
for any specific requirements and be forwarded to the Planning Commission.
D.
Tenure of preliminary plans.
(1)
A preliminary plan approval is valid for three years. The Department of Planning may grant an extension of the plan in accordance with § 173-15D(2) of this chapter.
(2)
Extension of preliminary plan. A written request for an extension
of a preliminary plan must be filed with the Department of Planning
at least 60 calendar days before the date on which the plan's previous
approval will expire. A one-time, two-year extension of the preliminary
plan may be granted by the Department of Planning subject to the following
conditions:
(a)
The subdivider has executed an agreement with the City for off-site
and/or on-site facilities improvements beyond the required, standard
on-site roads and utilities agreements; and
(b)
A performance bond for the additional/agreed-to facilities improvements
has been posted by the subdivider; or
(c)
Findings of adequate public facilities have been established
which may require the submission of updated plans or studies.
(3)
Upon expiration of any preliminary plan approval, any remaining unrecorded
lots on any portion of the area covered by the preliminary plan shall
be deemed null and void and shall meet the requirements established
in the City Code prior to again obtaining preliminary approval.
(4)
Phasing for preliminary plans. For any development exceeding 100 lots or units, a phasing schedule shall be submitted by the subdivider. Such phasing schedule shall be incorporated in the preliminary plan approval, subject to the requirements of Section 173-11D(6) of this chapter.
