Town of Mount Airy, MD
Carroll County
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Table of Contents
Table of Contents
[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 six or more lots, or involves the construction of new streets or extension of existing streets, 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. Subdivision plan approval involves the submittal and approval of four plans: the concept plan, the preliminary subdivision plan, the improvement plan, and the final plat. Additional information may be required depending on the scope of the proposed subdivision.
No lot shall be sold and no zoning certificate shall be issued until a final plat of such subdivision shall have been approved and recorded in accordance with these regulations and provisions of the State Code.
[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, 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 preliminary subdivision plan without major design changes. The following procedures must be followed in 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 prior to submission of a concept plan. The FSD must conform to requirements of the Carroll County Forest Conservation Ordinance No. 106, which has been adopted by the Town of Mount Airy.[2]
[2]
Editor's Note: See Ch. 62, Forest Conservation.
C. 
Submit concept plan After the FSD is approved, 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,[3] including a completed Subdivision plan application, required review fee computation sheets[4] 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.
[3]
Editor's Note: See Appendix D, Concept Plan Requirements Checklist, included as an attachment to this chapter.
[4]
Editor's Note: See Appendix B, Site Plan Application, and Appendix C, Site Plan Review Fee Computation Sheets, included as attachments 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 allocations 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 concept plan application, review fee computation sheets, subdivision 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 the 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., 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 sought 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 preliminary plan submittal.
(a) 
If water and/or sewer capacity is not available for the project from the allocation category for which allocation is sought 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 preliminary 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 Plan 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]
Once the Planning Commission has recommended a concept plan, a preliminary subdivision plan may be submitted for review. The preliminary subdivision plan may consist of several plan sheets that describe accurately and in detail planned lot dimensions and improvements to be constructed. The preliminary subdivision plan must be consistent with the recommended concept plan. If significant changes are made to the recommended concept plan, regardless of whether the changes resulted from decisions of the applicant or were necessitated by review agency comments, a revised concept plan must be resubmitted for Planning Commission review and recommendation. The Zoning Administrator will determine what changes are deemed significant.
A. 
Required information. This submittal must include all information listed on the preliminary subdivision plan application. The plan must conform to all applicable ordinances, including the Town of Mount Airy Zoning Ordinance, Subdivision Regulations and Landscape Ordinance. The following Carroll County ordinances have also been adopted by the Town of Mount Airy and must be complied with. It is the applicant's responsibility to consult with these county offices regarding requirements of the following ordinances:
(1) 
Carroll County Grading and Sediment Control Ordinance No. 100.
(2) 
Carroll County Stormwater Management Ordinance No. 22-C.
(3) 
Carroll County Forest Conservation Ordinance No. 106.
B. 
The Town Planning Commission shall determine at the preliminary plan stage whether the preliminary plan proposal increases the demand for water and/or sewer allocation from that proposed in the approved or conditionally approved concept plan. If the Planning Commission determines that the preliminary plan proposal does not increase the demand for water and/or sewer allocation, the preliminary plan review and approval process shall proceed. If it is determined that the preliminary 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 preliminary 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.
C. 
Plan distribution. The preliminary subdivision plan will be reviewed for completeness. Once the Town Planning Commission has verified water allocations are available for the full proposed subdivision, the applicant will be sent a letter acknowledging acceptance of the submittal, or, if incomplete, the submittal will be returned. The plans will be transmitted by the Town Planning Department to review agencies for comments. Routine agency review includes the agencies listed on the subdivision transmittal form. Other agencies may be involved based on the scope and location of the project, including the Maryland Department of the Environment and the Army Corps of Engineers.
D. 
Applicant addresses agency comments and revises plan(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. Preliminary plan approval must be received from all reviewing agencies at least 15 days prior to the Planning Commission hearing at which preliminary plan review is sought.
E. 
The preliminary subdivision plan approval from the Planning Commission must be received within 12 months of preliminary subdivision plan application. Town staff will compile any outstanding comments received from reviewing agencies and prepare a staff report with a recommendation. The Planning Commission will review the plans and staff report, take comment from the applicant, and hear public comment. The Planning Commission will vote on the preliminary subdivision plan and the water and sewer allocation permit with one of the following actions:
(1) 
If the preliminary subdivision plan is approved, the applicant may proceed to the final subdivision plan process.
(2) 
If the preliminary subdivision plan is conditionally approved, 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. However, preliminary subdivision plan approval must occur within 12 months of original application submittal.
(3) 
If preliminary subdivision plan is disapproved, the water and sewer allocation shall continue to be reserved for the application pending approval of the preliminary subdivision plan. The applicant may revise the preliminary subdivision plan to address the reasons for disapproval and reapply.
(4) 
If a water and sewer allocation permit cannot be issued solely because the Town lacks available water and/or sewer capacity for the allocation category from which the project seeks an allocation, but the preliminary plan may otherwise be approved, the preliminary plan shall be "approved pending water and sewer capacity availability," and the project shall remain in line on the waiting list for water and sewer allocations subject to the terms contained therein until such time as water and sewer allocation becomes available to the project from the allocation category from which the project seeks an allocation.
(5) 
If continued action, the applicant may be required to submit additional information for continued discussion at the next meeting.
F. 
Submission of final approved plan. When approved, the subdivider must submit the original and one Mylar copy of the preliminary plans for signature by the Planning Commission Chairman. The Mylar copy will be kept by the Town. The original will be returned to the subdivider, who must submit blueprint copies to the Town for distribution to agencies listed in the Approved Plan Distribution List, Appendix K.[1]
[1]
Editor's Note: Appendix K is included as an attachment to this chapter.
G. 
Expiration of approval. Preliminary subdivision plans shall remain valid so long as there occurs final plat approval within one year of preliminary subdivision plan approval, and recording of at least 40 lots per year or 10% of the total lots shown on the approved preliminary subdivision plan per year. If this does not occur, the preliminary plan approval shall become void unless an extension of the approval is requested by the applicant and granted by the Planning Commission for delays attributable to Town or county agencies. If a project is on the waiting list, then the number of lots per year that must be recorded pursuant to this subsection set forth above shall occur within the time frames set forth above or within six months of water and sewer allocation permit issuance, whichever shall be later.
[Amended 11-2-2015 by Ord. No. 2015-12]
After the Planning Commission Chairman has signed the preliminary subdivision plan, the subdivider shall prepare final plans, which shall consist of both the final plats and improvements plans. These plans must include all information listed on the Final Subdivision Plans Requirements Checklist,[1] and shall be filed simultaneously with the Town of Mount Airy for review and approval. Any deviations from the approved preliminary subdivision plan that were not previously approved by the Planning Commission must be resubmitted for its approval. The Town Staff shall determine at the final subdivision plan stage whether the final plan proposal, or any phase thereof, increases the demand for water and/or sewer allocation from that proposed in the approved or conditionally approved preliminary plan. If the Town Staff determines that the final plan proposal, or any phase thereof, 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. 
Improvement plans. Improvement plans shall be prepared in accordance with Article VII of these regulations. All improvements shall be designed in compliance with the standards, plans and specifications set forth in Mount Airy's Standard Specifications and Details for Construction.
B. 
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. If desired by the subdivider, the final plat submitted may constitute only that portion of the approved preliminary subdivision plan which is proposed to be recorded and developed at that time; provided, however, that the approved preliminary subdivision plan specified that the development would be constructed in phases and that each phase was dearly identified in order of construction on the plan.
C. 
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.
D. 
Plan distribution and review. Town staff will forward copies of these plans to Town and county agencies for review and comment. 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.
E. 
Approval of improvement plans. Once all agencies have issued an approval, the original and one Mylar set of the improvement plans must be submitted for signature by the Town Engineer and Mayor. Once signed, the Town will then have the Mylars picked up by the Carroll County Bureau of Development Review Plans expediter and taken to the Carroll Soil Conservation District for signature approval. When required signatures have been obtained, Carroll County will make prints from the original set for distribution to the review agencies listed on the Approved Plan Distribution List, and will bill the owner for the cost of copies. The Mylar set will be returned to the Town of Mount Airy and the original will be returned to the engineer or surveyor.
F. 
Approval of final plats. Once all agencies have issued an approval, the Town will notify the subdivider of such approval. Plats may not be submitted for final signature by the Planning Commission Chairman until after the public works agreement has been recorded and any other required documents have been approved and recorded.
[1]
Editor's Note: See Appendix F, Final Plat Requirements Checklist, included as an attachment to this chapter.
After the improvement plans have been approved and signed, and the subdivider has received written notice that the final plats are approved, he will be required to provide security to the Town to guarantee completion of the following work in accordance with the approved plans: stormwater management, sediment control, street paving, curbs, gutters, sidewalks, landscaping, reforestation or afforestation and any other work deemed as a required public improvement.
A. 
Submit cost estimate. The applicant must submit a cost estimate from the contractor to do said work, based on the approved improvement plans. This estimate shall be approved by the Town and applicable county agencies.
B. 
Prepare and approve PWA. If approved by the Town and applicable agencies, this estimate will be forwarded to the Town Attorney with other pertinent information by Town staff, and the Town Attorney will prepare a public works agreement (PWA). Any costs associated with the preparation or recordation of the PWA will be charged to the applicant. The PWA must be approved by the Town Council at a regular Council meeting. The Town Council meets the first Monday of each month at the Town Hall at 8:00 p.m. To be considered for approval at a Council meeting, the applicant must submit the cost estimate for said work no less than 15 days prior to the Council meeting.
C. 
Guarantee of improvements. The Mayor and Town Council may approve one of the following methods of guarantee of the improvement: funds placed in escrow with an escrow agent satisfactory to the Town Council, or an irrevocable letter of credit or similar agreement from a financial institution or a recognized lender satisfactory to the Town Council. The amount of security held shall be equal to the approved cost estimate plus the sum of 10%, provided that the developer causes to be incorporated in each contract for the construction of improvements required hereunder, the standard contract clause, and furnishes fully executed copies of said contracts to the Town prior to issuance of any building permits and prior to commencement of any work called for by the improvement plans. If the subdivider fails to incorporate the standard contract clause in all of said agreements, then to the contract price there shall be added the sum of 50%. Periodic reductions may be permitted in the amount of surety held to pay invoices for public works improvements which have been satisfactorily completed. Any request for a reduction in the amount of the guarantee is to be submitted to the Town at least 15 days prior to the Town Council meeting at which approval of the reduction is to be considered. The request for reduction must first be reviewed by the Town Engineer or other designated Town representative and is subject to final approval by the Council.
D. 
PWA required by other agencies. If any improvements identified on the plans involve work to property under the jurisdiction of another agency such as the County or State Highway Administration, the subdivider is responsible for meeting requirements of that agency, and final plat recordation will not be permitted by the Town until that agency notifies the Town that its requirements have been satisfied by the subdivider.
After the PWA has been approved, the applicant may submit the final plat for approval, signature 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 at the end of 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.
[Amended 11-2-2015 by Ord. No. 2015-12]
After the Carroll County Bureau of Stormwater Management and Sediment Control has received a copy of the approved improvements plans and recorded final plats, the applicant may apply to that office for a grading permit. From the date of submission of Mylars to the Town for final plat approval and recordation, it may be approximately two weeks until this Bureau receives a copy of the approved plan. An owner and/or developer of a project may, at his/her/its own risk and without vesting rights to further construction, apply for and obtain a grading permit for the project, and may, at his/her/its own risk and without vesting rights to further construction, grade the site in accordance therewith if the project has a received final site plan approval conditioned on receipt of water and/or sewer allocation, thereby being placed onto the waiting list, if the owner and/or developer agrees to execute a public works agreement that waives any claim that grading the project vests rights in the owner and/or developer to continue with development of the project. No owner or developer of a project shall, pursuant to this subsection, install footers, foundations or otherwise construct the project beyond grading the site without the issuance of a water and sewer allocation permit and building permits.
[Amended 11-4-2002 by Ord. No. 2002-22]
A. 
Upon completion, satisfactory to the Town Council, of the work required by the improvement plans, the Town Council shall accept, by duly executed deed, the land dedicated to public use and the improvements thereon.
B. 
Final acceptance of public improvements shall not occur until one year following the final construction inspection unless:
(1) 
The improvement passes final construction inspection;
(2) 
The Town obtains a performance guarantee for a minimum of one year after final acceptance; and
(3) 
The Town retains, for at least one year after final acceptance, at least 10% of the total amount of the original security guarantee as a performance guarantee until expiration of the performance guarantee period.
C. 
In all cases, the Town shall retain at least 10% of the total amount of the original security guarantee as a performance guarantee for completed improvements until final acceptance and release of the performance guarantee by the Town. Final acceptance and release of the performance guarantee is to be reviewed first by the Town Engineer or other designated Town representative and is subject to final approval by the Council.