[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 five or fewer lots and does not involve the construction of new
streets or extension of existing streets, nor involves the construction
of any other improvements to be dedicated to or maintained by the
Town, 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. Minor subdivision plan approval
involves the submittal and approval of two plan sets, the concept
plan and the final plat, for approval by the Mount Airy Planning Commission.
Additional information may be required depending on the scope of the
proposed subdivision.
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[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 and 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 final plat without major design changes. The following
procedures must be adhered to, in the following 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 at the time a concept
plan is submitted and shall be reviewed for approval at the time of
concept plan review. The FSD must conform to requirements of the Carroll
County, Maryland, Code of Public Local Laws and Ordinances, Chapter
150, Forest Conservation,[2] which has been adopted by the Town of Mount Airy.[3] If the project is exempted from the requirements of the
Forest Conservation Ordinance, the Town Planner must receive an approved
letter of exemption prior to submission of a concept plan.
[Amended 1-9-2023 by Ord. No. 2022-12]
C.
Submit concept plan. 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,[4] including a completed subdivision plan application, required
review fee computation sheets 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.
[Amended 1-9-2023 by Ord. No. 2022-12]
[4]
Editor's Note: See Appendix D, Concept Plans Requirements Checklist, included as an attachment 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 allocation 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 subdivision plan application, water and/or sewer
allocation application, review fee computation sheets, 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 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. and 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 to be made 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 final plan submittal.
(a)
If water and/or sewer capacity is not available for the project
from the allocation category for which allocation is to be made 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 final 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 Plans 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]
After the Planning Commission has recommended
a concept plan layout, the subdivider shall prepare the final plat(s).
These plans must include all information listed on the Final Plat
Requirements Checklist,[1] and shall be filed simultaneously with the Town of Mount
Airy for review and approval. If the final plat is not consistent
with the layout, the applicant will be required to resubmit a revised
concept plan to the Planning Commission for recommendation. The Town
Staff shall determine at the final plan stage whether the final plan
proposal increases the demand for water and/or sewer allocation from
that proposed in the approved or conditionally approved concept plan.
If the Town staff determines that the final plan proposal 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.
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.
B.
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.
C.
Plan distribution and review. The final plat submittal will be reviewed
for completeness. Once the Town Planning Commission has reviewed the
plan and verified its completeness, the applicant will be sent a letter
acknowledging acceptance of the submittal, or, if incomplete, the
submittal will be returned. If accepted, the Town Planning Department
will forward copies of these plans to Town and county agencies for
review and comment.
D.
The applicant addresses agency comments and revises plat(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. Approval or conditional approval must be
received from all reviewing agencies at least 15 days prior to the
Planning Commission hearing at which final plat approval is sought.
[1]
Editor's Note: See Appendix F, Final Plat Requirements Checklist, included as an attachment to this chapter.
After the final plat has been approved by the
Planning Commission, the applicant may submit the final plat for signatures
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 as an attachment to 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.
After the Town of Mount Airy has received a
copy of the recorded final plats, the applicant may apply to that
office for building permits.
