A. 
Site plan approval for any use or structure requiring such review and approval under this chapter involves a three-step process: sketch plan, preliminary site plan, and final site plan.
(1) 
A registered professional engineer, registered architect, registered landscape architect, or registered land surveyor licensed in Maryland must prepare preliminary and final site plans.
(2) 
Applicants shall contact other governmental agencies (e.g., Talbot County Department of Public Works, Maryland State Highway Administration, Maryland Department of Natural Resources) to obtain information as early as possible concerning any additional requirements those agencies may impose.
B. 
Applications for site plan review shall be filed on the prescribed forms and submitted to the Zoning Inspector. At a minimum, site plan applications shall include the information listed in Appendix A.[1]
(1) 
The Zoning Inspector or Planning Commission may require additional information that appears necessary for a complete assessment of the proposed development.
(2) 
At the applicant's request, the Zoning Inspector may, at his or her discretion, waive any information or preliminary requirements that he or she determines are not relevant to the proposed use and site.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
C. 
Notification to contiguous property owners is required in the case of all site plans, which require Planning Commission review and approval. Notification procedures are outlined in Appendix C.[2]
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
A. 
Before submitting a preliminary site plan, the applicant may submit 10 copies of a sketch plan that includes the information listed in Appendix A to the Zoning Inspector for review and comment.
B. 
Upon determining that the application is complete, the Zoning Inspector shall send copies of the sketch plan to the Technical Advisory Committee (TAC) if required and place the matter on the next available Planning Commission meeting agenda following the TAC review.
C. 
The Planning Commission shall review and return comments within 15 days of their meeting, advising the applicant to proceed with a preliminary site plan submittal or resubmit the sketch plan for additional review.
D. 
Sketch plan review is not intended to be a formal review, and it is the applicant's responsibility to meet all applicable code requirements. Staff and/or the Planning Commission may only provide comments on current development requirements. No permits or approvals are issued as a result of the sketch plan review.
A. 
The applicant shall submit a minimum of 10 paper copies of a preliminary site plan that includes the information listed in Appendix A to the Zoning Inspector for review.
B. 
The Zoning Inspector will forward preliminary site plans determined to be complete to the TAC for review and comment. The Zoning Inspector will forward his/her staff report with TAC comments to the Planning Commission. The Zoning Inspector will return to the applicant within 15 days of receipt of incomplete or deficient applications with an explanation of noted deficiencies.
A. 
The Planning Commission shall review the application and related materials and the Zoning Inspector staff report at a regularly scheduled public meeting and return the plan to the applicant approved, approved subject to conditions, or disapproved. If disapproved, the Zoning Inspector shall convey to the applicant the noted deficiencies and sections of the Town Code that are violated.
B. 
When the granting of a special exception is required, the Planning Commission shall forward the site plan, together with their recommendation, to the Board of Appeals. The Board of Zoning Appeals may prescribe additional information to be shown on the plan.
C. 
The Zoning Inspector shall determine whether the revision meets all specified conditions and if so, may approve the issuance of building permits following the revision without returning the revised site plan for further Planning Commission review.
D. 
Major or significant changes in the revised site plan, however, will require Planning Commission review and action.
A. 
Two copies of the final site plan, revised to meet all conditions, shall be submitted to the Zoning Inspector for review. The final site plan shall include the signature and seal of a Maryland registered land surveyor, registered professional engineer, registered architect, or registered landscape architect responsible for the accuracy of the site plan and operating within the scope of his license concerning the services provided. One set will be returned to the applicant with the Planning Commission Chairman's signature of approval.
B. 
The applicant shall provide digital copies of the plans on a CD or other appropriate medium in ArcGIS or AutoCAD format (ArcGIS preferred) and PDF format. Digital drawings will be georeferenced to Maryland NAD83 datum coordinate system. GPS observations may establish the coordinates for any monuments.
A. 
Preliminary site plan. Preliminary site plan approval shall confer upon the applicant the following rights for two years from the date of the preliminary approval:
(1) 
That the general terms and conditions on an approved preliminary plan shall not be changed, and any change in Town zoning or site plan approval ordinances shall not affect the approved plan;
(2) 
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole, or a section, or sections of the preliminary site plan; and
(3) 
That the applicant may apply for and the Planning Commission may grant extensions on such preliminary approval for additional periods of at least one year but not exceeding a total extension of two years.
B. 
Final plan.
(1) 
Unless construction permits are approved, the final site plan approval shall expire two years after the date of such approval.
(2) 
The Zoning Inspector may grant a single one-year extension if the applicant submits a written request within 90 days of the approved site plan expiration. The Zoning Inspector shall acknowledge the request and shall forward said request within 30 days after receipt to the Planning Commission for a recommendation regarding the requested extension.
The applicant shall also submit copies of all approvals and permits required to construct the project, including, but not limited to, Fire Marshal, Talbot County Public Works, State Highway Administration, Critical Areas Commission, Soil Conservation Service, and associated wetlands permits.
A. 
Construction of all other required public improvements (water, sewer, streets, curbs, and stormwater retention and treatment facilities) shall be supervised and inspected. All completed improvements shall be tested by or under the supervision of a registered professional engineer, known as the "Inspection Engineer" who shall be selected and employed by the Town at the expense of the applicant.
B. 
The applicant shall maintain a retainer with the Town Clerk/Manager that shall be replenished every month and shall be enough in an amount to cover the reasonably anticipated monthly expenditures for the Inspection Engineer.
C. 
The Town Clerk/Manager will provide the applicant with the Inspection Engineer's monthly invoice, and the parties shall cooperate in resolving billing issues. However, the Town Clerk/Manager shall have the final say in the amount owed to the Inspection Engineer and, thus, in the amount owed to the Town for inspection work.
D. 
The Zoning Inspector may issue a stop-work order if and whenever the applicant fails to fulfill its obligation to pay the Inspection Engineer.
E. 
The applicant shall pay the full expense of the Town's Inspection Engineer before final approval and acceptance of the improvements.
A. 
Upon completion of construction of any public improvements required by this chapter, and before acceptance by the Town Commissioners, the applicant shall deliver to the Town as-built plans acceptable to the Town Engineer and the Inspection Engineer signed and sealed by a registered professional engineer.
B. 
The applicant shall warrant all improvements for one year from the time of acceptance by the Town. The applicant shall obtain a maintenance bond in the amount of 20% of the improvements' cost to cover the one-year warranty. In lieu thereof, the performance bond may be extended for the warranty period.
C. 
Upon completion of construction following the plans as accepted by the Planning Commission, inspection, and testing to show construction to the required specifications in the judgment of the Town's Inspection Engineer, and warranty of maintenance by the applicant, the Town Commissioners, shall accept the improvements.
D. 
Upon the approval and written acceptance of the improvements by the Town, the streets, sidewalks, gutters and curbs, water and sewerage lines, hydrants, pumps, couplings, joints, and all other things connected in addition to that shall become the exclusive property of the Town. Upon written acceptance thereof, the Town shall, after that, assume the responsibility of maintenance.
A. 
The owner or developer shall execute a public works agreement before approval of any final site plan. The public works agreement shall address the construction of such required physical improvements located within public rights-of-way or easements or connected to any public facility. The owner or developer shall provide a bond or irrevocable letter of credit naming the Town as the payee in the amount of the estimated costs of the required physical improvement.
B. 
The agreement described above and bond or condition shall remain in effect through the completion of all work covered. The Town Commissioners may extend time upon written application of the owner of the developments, signed by all parties (including sureties) to the original agreement. The Town Commissioners shall determine the adequacy, condition, and acceptability of any bond hereunder. The Town Attorney shall determine the legal sufficiency of the bond or form of surety.
Any building permit, zoning certificate, or occupancy permit issued for any structure covered by the site plan shall conform with the site plan as finally approved.
Certificates of use and occupancy shall be applied for and shall be issued within 10 working days after the property owner or owner's representative has notified by the Zoning Inspector of completion of all improvements in compliance with the approved site plan, provided:
A. 
The on-site construction and improvements noted in the approved site plan upon inspection are found completed and acceptable to the Building Official.
B. 
The off-site improvements related to and necessary to service the site have been completed and inspected, and accepted by the designated Town Engineer, State Department of Transportation, or appropriate agencies.
C. 
The developer has provided surety acceptable to the relevant agencies.
D. 
The applicant has submitted three paper copies and an electronic copy, in a form acceptable to the Town, of the approved as-builts, which shall be certified and approved by the Town Engineer.
E. 
When the infrastructure for the project is required to be inspected by independent contractors acting on behalf of the Town, the applicant shall be responsible for all costs associated with said inspections.
F. 
The applicant has submitted a warranty of the off-site improvements to the Town for one year after final acceptance, which period shall commence upon acceptance of off-site improvements by the Town Engineer.