A. 
For purposes of this chapter, words, and terms used herein shall be interpreted as follows:
(1) 
Words used in the present tense include the future.
(2) 
The singular includes the plural.
(3) 
The word "person" includes a corporation, institution, partnership, association, or other legal entity, as well as an individual.
(4) 
The "approving authority" shall mean the Zoning Inspector and/or the Planning Commission.
(5) 
The word "lot" includes the word "plot" or "parcel."
(6) 
The word "Commission" and the words "Planning Commission" mean and refer to the St. Michaels Planning Commission.
(7) 
The word "county" shall mean Talbot County.
(8) 
The words "Town" and "St. Michaels" shall always mean the Town of St. Michaels.
(9) 
The term "subdivision" shall mean the division of a lot, tract, parcel, or plot of land into two or more lots, tracts, parcels, or plots of land for the purpose, whether immediate or future, of sale thereof or the improvement thereof. It includes resubdivision and, when appropriate to the context, relates to the process of resubdivision or the land or territory subdivided.
(10) 
The term "Commissioners" or "Town Commissioners" shall mean the legislative body of the Town of St. Michaels, known as "The Commissioners of St. Michaels."
(11) 
The term "Town Engineer" shall be either the employee of the Town who is known and designated as the "Town Engineer" or a registered professional engineer who is an independent contractor working for the Town.
(12) 
Terms referred to in regulatory provisions specific to the Critical Area Overlay District shall be the same as those specified in Chapter 340 of the Code of the Town of St. Michaels.
(13) 
The "Town Code" means and refers to the Code of St. Michaels.
B. 
Any word or term not defined herein shall be used with a meaning of standard usage.
C. 
The word "shall is always mandatory and not merely directory.
D. 
Terms defined. As used herein, the following terms shall have the meanings indicated:
ADJACENT PROPERTY OWNER
Those properties which directly abut the subject property or are within 200 feet of the subject property.
ALLEY
A minor road or way used primarily for vehicular access to the back or the side of lots otherwise abutting a street.
APPLICANT
Any person who proposes to subdivide land and is required to make submittals and obtain approvals under this chapter.
BUILDING SETBACK LINE (BSL OR BRL)
The minimum distance between any building or structure or portion thereof to be erected or altered and an adjacent right-of-way, street, or property line within which no building may be constructed. The building setback line shall be measured from the boundary line of any future right-of-way located at the front of a lot.
EASEMENT
A grant by a lot owner of the use of a portion or all of the lot for a specific purpose or use, without including title to the lot.
FUTURE RIGHT-OF-WAY
A right-of-way easement or dedication required for the expansion or extension of existing or future streets, roads, alleys, public facilities, water and sewer lines, and services, and other public utilities and/or to allow access to the workforce and equipment necessary to maintain the same.
IMPROVEMENTS
Those physical additions, installations, constructions, and changes, such as buildings, structures, streets, curbs, sidewalks, water mains, sewers, stormwater management facilities and features, public utilities, and the other appropriate items and facilities required to render land suitable for the use proposed.
LOT
A parcel of land used or set aside and available for use as the site of one or more buildings and buildings accessory to that or any other purpose, in one ownership and not divided by a street, not including any land within the limits of a public or private street right-of-way.
MAJOR SUBDIVISION
Any subdivision of land that is not a minor subdivision.
MINOR SUBDIVISION
The division of a single lot, tract, or parcel of land into four or fewer lots, tracts, or parcels of land for the purpose, whether immediate or future, of transfer of ownership or of building development, provided that the proposed lots, tracts, or parcels of land thereby created have frontage on an improved public street or streets, and provided further that there is not created by the subdivision any new street or streets.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a street, alley, crosswalk, public sidewalk, sanitary or storm sewer, drainage ditch, or other public facility or utility. The usage of the term "right-of-way" for land platting purposes in the Town shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from lots or parcels adjoining such right-of-way and not included with the dimensions or areas of such lots or parcels.
SKETCH PLAN
Plan submittals made for preliminary review to determine the feasibility of a proposed subdivision.
STREET
A public or private way used or intended to be used for passage or travel by automotive vehicles and pedestrians and to provide access to abutting properties.
STREET LINE
The right-of-way line of a street.
SUBDIVISION
(1) 
The division of a single lot, tract, or parcel of land or part thereof into two or more lots, tracts, or parcels of land for the purpose, whether immediate or future, of transfer of ownership or the development of improvements.
(2) 
The term "subdivision" includes resubdivision and revisions and shall relate to the process of subdividing or to the land subdivide d when appropriate to the context.
SUBDIVISION APPLICATION
The submittals required in Chapter 110 for sketch plan review, preliminary plat review, and/or final plat review.
TECHNICAL ADVISORY COMMITTEE (TAC)
A committee consisting of federal, state, Talbot County, and St. Michaels' representatives who may have compliance input into any approvals required or that may be required for a proposed subdivision.
This chapter shall apply to all land located within the incorporated area of St. Michaels. This chapter's provisions are the minimum requirements necessary to meet this chapter's stated purpose and intent. Where the provisions of this chapter impose greater restrictions than those of any other statute, ordinance, or regulation, the provisions of this chapter shall prevail if the provisions of such other statute, ordinance, or regulation cannot be harmonized with the requirements of this chapter. Where the provisions of any other statute, ordinance, or regulation impose greater restrictions than those of this chapter, the provisions of such statute, ordinance, or regulation shall prevail if such statute, ordinance, or regulation cannot be harmonized with the requirements of this chapter.
A. 
No land in a subdivision created after the adoption of the Town's subdivision regulations shall be transferred, sold, or offered for sale, nor shall a building permit be issued for a structure thereon, until a final plat of such subdivision shall have been recorded per this chapter, and the provisions of the state, and until the municipal improvements required in connection with the subdivision have either been constructed or guaranteed as hereinafter provided.
B. 
No building depending upon public water and sewerage facilities shall be permitted to be occupied before such facilities are fully provided and operational.
A. 
Major and minor subdivisions.
(1) 
There are three types of subdivisions: revision plats, minor subdivisions, and major subdivisions. (See Definitions, § 110-19.)
(2) 
There are at least three stages of approval for major and minor subdivisions:
(a) 
Sketch plan review;
(b) 
Preliminary plat approval; and
(c) 
Final plat approval.
B. 
Purpose.
(1) 
A sketch or concept plan is a preliminary plan, the purpose of which is to indicate the intent and scope of a proposed subdivision. One objective of the sketch plan process is to familiarize the applicant with the Town's planning goals and applicable local, state, and federal requirements, affecting the subdivision. Approval of a sketch plan does not imply approval of the subdivision. It is intended to enable the applicant to determine the proposed plan of development's general feasibility before incurring extensive costs for detailed surveying and engineering work.
(2) 
The preliminary plat presents the detailed layout and design for a proposed subdivision. The plat enables the Town to determine whether the proposed subdivision complies with this chapter's requirements and the other requirements applicable to the subdivision development.
(3) 
A final plat establishes the exact boundaries and dimensions of lots, road rights-of-way, easements, and other land designations within a subdivision. The final plat also provides documentation ensuring that a subdivision complies with applicable local, state, and federal requirements. The final plat becomes the official record of the land division and is to be recorded in the Land Records of Talbot County.
A. 
The Planning Commission, and for some minor revisions, the Zoning Inspector is the subdivision approval authority.
B. 
The Planning Commission may also grant final plat approval if a preliminary plat is in substantial conformance with all applicable requirements.
A. 
Purpose. Revision plats may be used to accomplish the following, provided that no additional lots or additional nonresidential square footage are created:
(1) 
Revisions to a recorded subdivision plat, including but not limited to revisions to modify or abandon a lot line or relocate an easement area.
(2) 
Recordation of a plat to alter or eliminate boundaries between parcels that were legally created by deed.
(3) 
Recordation of a plat for an existing parcel that was legally created by deed.
B. 
Determination of major and minor revision plats. The Zoning Inspector shall determine whether a proposed revision plat is major or minor based on the following guidelines.
(1) 
Major revisions may include, but are not limited to:
(a) 
Relocation or modification of a public or private road right-of-way;
(b) 
Adjustment of acreage for common space, open space, reserved lands, or land subject to a conservation easement;
(c) 
Relocation within a parcel of common space, open space, reserved lands, or land subject to a conservation easement; or
(d) 
Revision or abandonment of lot lines, which significantly affect the layout of the subdivision.
(e) 
The addition of dwelling units or nonresidential square footage.
(2) 
Minor revisions may include, but are not limited to:
(a) 
Correction of a minor plat or surveying errors;
(b) 
Minor changes to plat notations;
(c) 
Revision or abandonment of lot lines that do not significantly affect the layout of the subdivision;
(d) 
Recordation of a plat for an existing parcel created by deed provided that the plat does not alter the property lines; or
(e) 
Recordation of a plat to establish a parcel as a buildable lot.
C. 
Nonconforming situations. A revision plat shall not create a nonconforming situation or worsen an existing, legal nonconforming situation. Revision plats shall comply with standards established in Chapter 340.
D. 
Submittal requirements. The application for a revision plat and the revision plat shall include all information outlined in Appendix B.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
A. 
A sketch plan may be submitted at the applicant's discretion or the Zoning Inspector's request if either party believes that a discussion of the proposed subdivision would be beneficial.
B. 
The sketch plan may be discussed at a pre-submittal meeting. The Zoning Inspector will schedule the pre-submittal meeting and may include the Town Engineer and members of the TAC in addition to the applicant and the applicant's representatives. The purpose of the meeting is to discuss the nature of the proposed application, the particular site's characteristics, and the information required to be submitted with the subdivision application.
C. 
At a minimum, the sketch plan shall include the information outlined in Appendix B.
D. 
Multiple subdivision layouts. A sketch plan may propose up to three potential subdivision layouts. If multiple layouts are proposed, the review authority shall provide written comments indicating the preferred layout.
E. 
For a major subdivision, the sketch plan shall be presented to the Planning Commission.
F. 
The Planning Commission and Zoning Inspector may provide comments on the sketch plan based upon this chapter and the Comprehensive Plan's purposes and policies. Comments on a sketch plan shall be advisory. The comments should not be construed as implying that a sketch plan based upon the comments will comply with this chapter's specific requirements or other requirements applicable to the subdivision.
A. 
Applications for subdivision review shall be filed on the prescribed forms and submitted to the Zoning Inspector. At a minimum, subdivision applications shall include the information listed in Appendix B.
(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 written request, the Zoning Inspector may, at his or her discretion, waive any information or preliminary information requirements that he or she determines are not relevant to the proposed subdivision.
B. 
Applications for subdivision approval, including sketch plans, preliminary plats, and final plats, will be reviewed for completeness per this chapter and all required documents and agreements. Incomplete applications will be returned with a listing of deficiencies.
C. 
Standards. Subdivisions shall comply with the subdivision design and development standards of this chapter and all other applicable development requirements, including requirements outlined in Chapter 281, Stormwater Management, and Chapter 340, Zoning.
A. 
Preliminary plats shall be reviewed at a TAC Preliminary Review Meeting (PRM) unless, for a minor subdivision, the Zoning Inspector authorized the applicant to proceed directly to the final plat Compliance Review Meeting (CRM) stage.
B. 
Within 10 days following the TAC meeting, the Zoning Inspector shall transmit to the applicant the comments of the reviewing agencies. For a minor subdivision, the Zoning Inspector shall issue either a notice to proceed, which may have conditions if necessary, or appropriate or notice of noncompliance. For a major subdivision, the Zoning Inspector either shall schedule a Planning Commission review or issue a notice of noncompliance. If the preliminary plat is scheduled for Planning Commission review, the Zoning Inspector shall discharge the notification requirements outlined in Appendix C.
C. 
If the Zoning Inspector issues a notice of noncompliance:
(1) 
The applicant may submit an amended preliminary plat within nine months from the date of the notice.
(2) 
Upon delivering amended plat submittals, the preliminary plat's review process shall be repeated.
D. 
Approval of minor subdivision plat by the Zoning Inspector. If the plat is in significant compliance with this chapter, the Zoning Inspector may authorize the final plat submittals to proceed directly to the CRM in the notice to proceed.
E. 
Decision by the Planning Commission for preliminary subdivision plats. The Planning Commission may approve, approve subject to conditions, or disapprove a preliminary plat. If the Planning Commission does not approve the preliminary plat:
(1) 
The Zoning Inspector shall issue a written notice of noncompliance to the applicant, giving why the Planning Commission did not approve the preliminary plat submittals.
(2) 
The applicant may provide amended preliminary plat submittals addressing the deficiencies within 12 months of the notice of noncompliance.
(3) 
The amended plat shall complete the steps required for the preliminary plat submittal.
A. 
Final plats shall be reviewed at a PRM unless the Zoning Inspector authorizes the final plat to go directly to the CRM stage.
B. 
Within 10 days following the PRM, the Zoning Inspector shall transmit the reviewing agencies' comments to the applicant. The transmittal will include either a notice to proceed or a notice of noncompliance.
C. 
If the Zoning Inspector issues a notice of noncompliance:
(1) 
The applicant may submit an amended final plat within nine months from the date of the notice.
(2) 
The amended plat submittals shall repeat the review process of the final plat submittals.
D. 
Decision by Zoning Inspector for minor subdivision final plats. Upon issuance by the Zoning Inspector of a notice to proceed for minor subdivision final plat submittals, the Zoning Inspector shall schedule the plat for review at the next available CRM.
E. 
Decision by the Planning Commission for major subdivision final plats.
(1) 
Planning Commission approval is required of final plat submittals for a major subdivision.
(2) 
Upon issuing a notice to proceed following the PRM, the Zoning Inspector shall schedule the final plat for the next available Planning Commission meeting.
(3) 
If the Planning Commission approves the final plat or approves it subject to conditions, the Zoning Inspector shall schedule a meeting to review the final plat submittals at the next available PRM. The Zoning Inspector shall determine whether a PRM or a CRM is appropriate based on the extent of the required amendments to the plat.
(4) 
If the Planning Commission does not approve the final plat:
(a) 
The Zoning Inspector shall issue a written notice of noncompliance to the applicant, giving why the Planning Commission did not approve the final plat submittals and noting sections of the Town Code that are not in compliance.
(b) 
The applicant may provide amended final plat submittals addressing the deficiencies within 12 months of the notice of noncompliance.
(c) 
The amended plat shall complete the steps required for the final plat submittal.
F. 
Final plat CRM stage.
(1) 
Staff at the CRM shall review the plat to ensure that it is complete, correct, and addresses all comments and conditions.
(2) 
If necessary, Zoning Inspector shall provide written notice to the applicant of corrections required by the TAC agencies.
(3) 
Upon concurrence of the TAC agencies reviewing the plat at the CRM, the Zoning Inspector shall proceed to the signature stage as specified below.
G. 
Signatures and recording.
(1) 
Following the final CRM, if the final plat is correct and complete, the Zoning Inspector shall notify the applicant in writing that the final plat may be submitted for signature.
(2) 
No amendments or modifications shall be made to an approved final plat without the written authorization of the Zoning Inspector.
(3) 
The applicant shall submit the required copies of the final plat for signature approval.
(4) 
The Zoning Inspector shall facilitate obtaining the signatures of agency representatives on the final plat.
(5) 
Before signature by the Planning Commission's Chairman, the applicant shall provide the recording reference for covenants, easements, and other recorded agreements. Also, the applicant must have paid all required fees.
(6) 
The Zoning Inspector shall return copies of the signed final plat to the applicant for recordation.
(7) 
The applicant shall record in the Land Records of Talbot County the approved final plat and shall return a copy of the recordation receipt to the Zoning Inspector within seven business days of the final plat signing.
A. 
At any stage in the subdivision plat review process, the Zoning Inspector shall require that a subdivision plat repeat the previous stage of review if:
(1) 
Modifications to the plan include changes beyond those required as conditions of approval by reviewing agencies or the Planning Commission; and
(2) 
The Zoning Inspector determines the modifications to be significant enough to require additional review by reviewing agencies or the Planning Commission.
A. 
Approval of a preliminary subdivision plat by the Planning Commission shall be valid for 12 months from which a notice to proceed is issued.
(1) 
The applicant may request an extension of time for approval. The request shall be submitted to the Zoning Inspector, in writing, before the expiration of the twelve-month period for which the approval is valid.
(2) 
The Zoning Inspector may grant a single, twelve-month extension of approval. Before granting an extension, the Zoning Inspector may seek the Planning Commission's recommendation or the appropriate TAC members.
(3) 
If an approval expires, any person seeking subdivision plat approval shall have to start the approval process again from the beginning.
B. 
Final subdivision plat approval remains valid indefinitely as long as the approved subdivision plats are recorded in the Land Records of Talbot County within one year after final approval by the Planning Commission.
Before the Planning Commission approves a final plat, required public or private improvements shall be completed or guaranteed through one or more of the following methods:
A. 
Completion of required improvements by the developer per approved plans, with plan review, inspections, and approval by the Town Engineer; or
B. 
Execution of public works agreement(s) satisfactory to the Town Attorney that obligate the applicant/the property owner(s) to complete all required improvements; or
C. 
For improvements not covered by a public works agreement, a developer agreement satisfactory to the Town Attorney wherein the applicant shall agree to construct, at the applicant's expense, the required improvements, including installation of plantings, as shown on the final plat and approved plans, drawings, and subdivision application submittals.
A. 
Ownership of common space or subdivision improvements. The ownership of land dedicated to common space or subdivision improvements may be proposed by the owner or developer, subject to the Planning Commission's approval. Ownership may include, but is not necessarily limited to, the following:
(1) 
The Town, subject to acceptance by the Commissioners of St. Michaels;
(2) 
Other public jurisdictions or agencies, subject to their acceptance;
(3) 
Quasi-public organizations, subject to their acceptance;
(4) 
Any incorporated property owners' association approved by the State Department of Assessments and Taxation; or
(5) 
Shared, undivided interest by all property owners in the subdivision.
B. 
Concurrent with the recording of the final plat, the applicant shall convey common space lots to the Town, a property owners' association, or other entity approved to own the common space, as defined in covenants approved and recorded in the Land Records of Talbot County per this chapter.
C. 
Property owners' or homeowners' association. If the common space, stormwater management facilities, or subdivision improvements are owned by property owners', homeowners' or condominium association:
(1) 
Proposed covenants and restrictions that will govern the association shall be submitted with the preliminary plat submittals for review and approval by the Town Attorney.
(2) 
The provisions may include but are not necessarily limited to the following:
(a) 
The property owners' association must be established before any lots or homes are sold;
(b) 
Membership in the association must be mandatory for each lot owner, home buyer, lot user, and any succession in interest or assignee of the preceding;
(c) 
Common open space restrictions must be permanent, not just for years;
(d) 
The association must be responsible for liability insurance, taxes, and the maintenance of open space, stormwater management facilities, and/or subdivision improvements;
(e) 
Property owners must pay their pro-rata share of the costs to fulfill association responsibilities, and the assessment levied by the association must become a lien on the individual lot owner's property as allowed in the master deed establishing the property owners' association; and
(f) 
The association must be able to adjust the assessment to meet changing needs. If the association does not raise funds necessary to maintain such open space, stormwater management facilities, and/or subdivision improvements; the Town must be authorized to make a per lot pro-rata assessment against the owner of each lot in the subdivision to reimburse the Town for expenditures made to maintain such open space, stormwater management facilities and/or subdivision improvements and such assessment, if unpaid, must become a lien against the lot of the landowner who fails to pay. Such lien shall entitle the Town to obtain satisfaction through the tax sale of the lot of a nonpaying lot owner.
(3) 
The date of acceptance and approval of the articles of incorporation of the property owners' association by the State Department of Assessments and Taxation shall be noted on the final plat.
D. 
Maintenance of common space and improvements. The person or entity identified as having the right of ownership or control over common space or subdivision improvements shall be responsible for continuing upkeep and proper maintenance following Town, state, and federal regulations.
E. 
Maintenance of private alley and right-of-way improvements. The ownership and maintenance of private alleys and rights-of-way shall be identified on final plats. Maintenance agreements shall be recorded with all final plats that establish or extend a private road.
If access to a subdivision is across the land in another jurisdiction, the Planning Commission may:
A. 
Request assurance from the other jurisdiction that access is legally established, and
B. 
The access road is adequately improved, or that a guarantee and security have been duly executed and sufficient to assure the construction of the access road.
The subdivision's proposed name shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in the Town or within proximity of the Town.
A. 
Violation is a municipal infraction. In addition to any other remedies provided by law, any violation of this chapter is declared to be a municipal infraction. Each day that a violation exists after the Town provides notice of the violation shall constitute a separate offense. Each provision of this chapter violated shall constitute a separate offense.
B. 
Notice of a violation. The Zoning Inspector shall provide notice of violation to a person violating this chapter. Notice shall be sent to an applicant at the address of record of the applicant. Notice shall be sent to other persons at any address of such a person known to the Zoning Inspector or reasonably discovered through publicly available media, including electronic media. Where the applicant or another person has not provided an address of record, notice may be posted on the property in question.
C. 
Penalties. The Zoning Inspector shall determine whether one or more of the following penalties are appropriate and may assess such penalty(ies) as the Zoning Inspector deems appropriate:
(1) 
Stop-work orders. The Zoning Inspector may issue a stop-work order until specified corrective action has been undertaken. The applicant or the person to whom such an order is issued must discontinue all work other than the work necessary to address the deficiencies noted in the stop-work order. The Town, including the Zoning Inspector, the Planning Commission, and the Town Engineer, may discontinue all work or review of anything of the applicant or the violator pending before the Town until such violation has been addressed and resolved.
(2) 
Civil monetary penalty. The Town may assess a civil penalty of up to $500 per violation per day.
(3) 
The Town may withhold issuance of, suspend or revoke any permit or use and occupancy certificate issued by the Town to the violator/applicant.
(4) 
The Town may pursue legal or equitable relief in any court of competent jurisdiction, and such court shall be authorized to issue appropriate orders, monetary relief, and nonmonetary relief.
(5) 
The Town may proceed against any bond issued according to this chapter to secure the applicant's performance.
D. 
See § 340-120 for other remedies and penalties applicable violations of this chapter on properties in the critical area.
Any person with standing to do so may appeal a decision or determination of the Planning Commission or the Zoning Inspector, according to the procedures set forth below:
A. 
By applicant. The applicant may appeal a decision of the Zoning Inspector or the Planning Commission to deny approval and issuance of a notice to proceed of a preliminary plat or a final plat to the Board of Zoning Appeals as outlined in Chapter 340 of the Code of St. Michaels. The time provided to the applicant to submit an amended plan or plat shall toll during the pendency of an appeal.
B. 
An interested person, i.e., an adjoining or adjacent property owner or a person who will be impacted by a subdivision in some way other than a member of the general public, may petition the Circuit Court of Talbot County to judicially review a decision approving a final plat for submittal to a CRM. Such an appeal shall toll all timelines during the pendency of such appeal.
C. 
An interested person, i.e., an adjoining or adjacent property owner or a person who will be impacted by a subdivision in some way other than a member of the public, may participate as a party in any appeal noted by the applicant.
D. 
The Zoning Inspector may participate as a party in any appeal.