From and after the adoption of these regulations,
any owner or proprietor of any tract of land located in the territory
to which these regulations may apply, who creates a subdivision, shall
cause a plat of such subdivision to be made in accordance with the
regulations set forth herein and Title V of Article 66B of the Annotated
Code of Maryland. After having secured the approval thereof by the
Town Planning Commission, the subdivider shall cause a copy of the
said plat to be recorded in the office of the Clerk of the county
concerned. Any subdivision or portion thereof which may be in the
process of development, but has not had a plat recorded at the time
of adoption of these regulations, shall also be subject to the requirements
and procedures contained herein.
No plat of any subdivision shall be recorded
until it shall have been submitted to and approved by the Town Planning
Commission as provided herein. The Town Planning Commission shall
not approve said plat unless it is satisfied that the requirements
of these regulations have been met.
The Town Council reserves the right to determine
the rate and density of development based upon other economic factors
as well as the availability of water and sewer for the development,
anticipated demands upon water and sewer facilities and protection
of the Town's water supply, including recharge areas for the Town's
well fields.
Any subdivision having a part of its platted
land outside the corporate limits cannot have the plat approved by
the Town Planning Commission unless that land is annexed by the Town,
except, however, subdivision approval may be considered where only
the nonbuildable portion of a lot is outside the Town boundary.
No lot in a subdivision created after the adoption
of these regulations shall be transferred, sold, or offered for sale,
nor shall a zoning certificate be issued for a structure thereon,
until a final plat of such subdivision shall have been recorded in
accordance with these regulations.
In planning and developing any property within the corporate limits of the Town of Mount Airy, the owner, developer and his or her agent shall comply with the design standards outlined in Article VI, provide improvements as required in Article VII, and shall observe the requirements and procedures described in Articles VIII, IX, X, and XI for review and approval of site plans, subdivisions, minor subdivisions and amended plats. The Planning Board Secretary or Town Planner shall review any plans submitted for compliance with these regulations and may return any plans which are not complete for resubmittal at a later date.
In any instance where newly provided public
improvements are necessary to serve or provide access to a new building
development, these improvements must be completed or a satisfactory
guarantee of completion must be submitted prior to site plan or final
plat approval and the issuance of any zoning certificate for such
building development.
Any subdivider who violates these regulations
shall be subject to the penalties prescribed in Section 5.05 of Article
66B, Annotated Code of Maryland, which are as follows:
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Whoever, being the owner or agent of the owner
of any land located within a subdivision, transfers or sells or agrees
to sell or negotiates to sell any land by reference to or exhibition
of or by other use of a plat of a subdivision, before such plat has
been approved by the Town Planning Commission and recorded or filed
in the office of the appropriate County Clerk, shall forfeit and pay
a civil penalty of not less than $200 and not more than $1,000 in
the discretion of the Court, for each lot or parcel so transferred
or sold or agreed or negotiated to be sold; and the description of
such lot or parcel by metes and bounds in the instrument of transfer
or other document used in the process of selling or transferring shall
not exempt the transaction from such penalties or from the remedies
herein provided. The municipal corporation may enjoin such transfer
or sale or agreement by action for injunction brought in any court
of equity jurisdiction or may recover the penalty by civil action
of competent jurisdiction. (Article 66B, dated June 1994)
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Wherever there is a discrepancy between minimum
standards or dimensions noted herein and those contained in the Zoning
Ordinance or other official regulations of Mount Airy, Frederick or
Carroll County, or other governmental agencies, the more severe standards
shall apply.
