[HISTORY: Adopted by the Mayor and Council
of the Town of Sykesville 9-9-1981 by Ord. No. 120; amended in its entirety 7-11-1988 by Ord. No.
157. Subsequent amendments noted where applicable.]
Under the authority of Article 66B of the Annotated
Code of Maryland, the following regulations governing the subdivision
of land are hereby established for all areas in the incorporated limits
of the Town of Sykesville, Maryland.
As used in this chapter, the following terms
shall have the meanings indicated:
The Sykesville Planning and Zoning Commission.
An individual, partnership, firm, corporation (or agent thereof),
that undertakes or participates in the activities covered by these
regulations (the development of a subdivision).
A drawing to be made of official record in the Office of
the Clerk of the Circuit Court, and which may be all or a portion
of a Preliminary Subdivision Plan.
A portion of a subdivision or parcel of land intended for
building development, immediate or future.
A master drawing of a subdivision prepared for the overall
planning of a property desired to be subdivided and which is in accordance
with these regulations.
A way which provides or is proposed to provide primary access
for vehicular traffic to abutting properties.
A drawing of the subdivision showing lots, streets, and other
information which may be required in these regulations.
A.
From and after the effective date of these regulations,
any developer contemplating the subdivision of land shall, previous
thereto, cause a plat of such subdivision to be made in accordance
with the provisions set forth in these regulations, and a copy of
such plat shall be recorded in the office of the Clerk of the Circuit
Court of Carroll County after approval of the Commission. No lot in
a subdivision or any section thereof created after the effective date
of these regulations shall be transferred nor shall a building permit
be issued for a structure thereon until such approval and recording
shall be completed as specified herein.
B.
Notwithstanding Subsection A of this section, where a tract, parcel, or lot of land is crossed by a publicly maintained road, and the road is not owned in fee simple by a governmental agency or governmental entity, it shall be deemed that the road has divided the land into separate lots, constituting separate tax parcels.
[Added 8-14-2000 by Ord. No. 219]
B.
Proposed streets shall be shown by providing a minimum
right-of-way width of 50 feet. Where it is determined by the Commission
that a street should be designed in a subdivision to carry traffic
from other areas or adjacent subdivisions (whether existing or potential),
a minimum of 60 feet shall be shown. Where a subdivision is created
fronting on an existing publicly maintained road, front lot lines
of a subdivision shall be established 30 feet from the center of the
existing road, unless specifically provided less by the Commission.
Nothing contained in this section shall be construed as prohibiting
a developer from voluntarily establishing, upon consent of the Commission,
front lot lines of a subdivision more than 30 feet from the center
of the existing road.
C.
Street names shall be cleared through the Carroll
County Planning Commission prior to submitting a final plat to insure
no duplications.
D.
Easements shall be shown on the final plat where a
natural watercourse (stream) exists or where natural or street drainage
is located or may be provided, such easement to be a minimum of 15
feet, except in the case of a natural watercourse which shall contain
adequate easement area to provide for a twenty-year storm.
F.
Lots, including lot sizes, shall be subject to the requirements of the Maryland State Department of the Environment. In no case, however, shall lot sizes be less than the minimum prescribed by Chapter 180, Zoning.
[Amended 9-27-2004 by Ord. No. 247]
G.
Nonresidential subdivisions, including industrial and commercial tracts, shall conform to the Master Plan and standard established in Chapter 180, Zoning. The subdivider shall demonstrate to the satisfaction of the Commission that the street, parcel and block pattern is specifically adapted to the uses anticipated and takes into account other uses in the vicinity.
H.
Where there is a discrepancy between minimum standards
or dimensions noted herein and other official regulations, the highest
standards shall apply.
I.
Reservation and acquisition of land. Sites for schools
and other public facilities. In order to provide for the adequate
and convenient placement of sites for public schools and other public
uses as authorized by § 5.03 of Article 66B of the Annotated
Code of Maryland, all subdivisions shall conform with the designated
location of sites for public schools and other public facilities as
shown on the Town Master Plan. Where the Town Master Plan indicates
a location for school or other public facility, the location of such
sites shall also be shown, if applicable, on any subdivision plan
involving land affected by a public facility designation of the Master
Plan. It shall be the duty of the Planning and Zoning Commission to
coordinate the development of the subdivision with the plans of the
appropriate Town agency for acquisition of the site in an expeditious
manner.
J.
For the purposes of the Sustainable Growth and Agriculture Preservation
Act of 2012 (Senate Bill 236), after October 1, 2012, a minor subdivision
will be defined as up to seven new lots for purposes of the applicability
of Senate Bill 236 only. The preliminary plan will indicate how many
lots have been created from the property since October 1, 2012. All
development proposals will be required to comply with all other processing
and code provisions applicable to minor subdivisions. For purposes
of the applicability of Senate Bill 236 only, a request that results
in a total of eight or more new lots will be defined as major subdivision.
[Added 12-10-2012 by Ord. No. 284]
A.
A developer may, prior to preparing and submitting
a preliminary subdivision plan, present a sketch of the proposed subdivision
for any assistance the staff of the Commission might give. In order
to insure that a proposed subdivision shall be eligible for Commission
review, the subdivider shall adhere to the Commission's established
written procedures for processing and referral of the proposed subdivision
which shall detail the steps, filing deadlines, number of copies and
such other administrative details involved to enable the proper processing
and review of the subdivision with a minimum of delay.
B.
Information shown on the preliminary subdivision plan
shall include subdivision name, owner and developer's name and address,
surveyor or engineer, election district, county, stage, adjacent property
owners, vicinity sketch, scale, North point, date, contours, building
lines, existing and/or proposed easements, street names and classification(s),
floodplain(s), bearings and dimensions, plat or technical notes, as
well as those covenants, restrictions and/or statements proposed to
be shown on the final subdivision plat.
C.
Adequate public facilities review.
(1)
Certification of adequacy of public facilities.
(a)
Before the Commission approves a preliminary
subdivision plan, the Commission shall obtain written certification
of the adequacy of all public facilities required by or serving the
proposed subdivision (including, but not limited to, the following:
schools, public water and sewerage facilities, emergency service and
health care facilities, solid waste disposal facilities, police protection,
roads, traffic control devices and storm drain facilities) from the
following agencies:
[1]
Carroll County Board of Education;
[2]
Carroll County Public Works Department;
[3]
Carroll County Health Department;
[4]
Carroll County Transportation Department;
[5]
Town of Sykesville Police Department;
[6]
Town of Sykesville Public Works;
[7]
Town of Sykesville Parks and Recreation Department;
[8]
Local Fire Department;
[9]
State Highway Administration;
[10]
Other such agencies as the Commission deems
appropriate.
(b)
The Commission shall review the certifications
received from the several agencies and shall prepare written findings
and recommendations on the adequacy of public facilities of the proposed
subdivision. In the event the Commission finds that the public facilities
are inadequate, it shall state which facility or facilities are inadequate
and the basis for such finding. The Commission shall attach to its
findings and recommendations a copy of all certifications received
from the required agencies and all other relevant information. The
Commission shall transmit its findings and recommendations to the
developer and the Clerk of the Town Council.
(2)
Within 30 days of receipt of the Commission's findings
and recommendations, the Town Council shall hold a public hearing
to review the Commission's findings and recommendations and render
a final decision on the adequacy of public facilities. In the event
the Town Council finds that the public facilities are inadequate,
the Commission shall disapprove the preliminary subdivision plan.
(3)
In the event that the Town Council renders a decision
that the public facilities are adequate for the proposed subdivision,
within 30 days thereafter, the Commission shall deliver its findings
and recommendations together with those of other agencies concerned
with subdivision of land to the Commission at such time as the preliminary
subdivision plan is submitted to the Commission for decision. In accordance
with these regulations, the Commission shall approve or disapprove
the preliminary subdivision plan or may approve it with modifications
or conditions.
(4)
In the event the Commission disapproves or approves
with modifications or conditions the preliminary subdivision plan,
a statement in writing shall be famished by the Commission to the
developer indicating the provisions with which the developer must
comply. Upon receipt of the developer's revised preliminary subdivision
plan, the Commission shall review the plan to ensure its compliance
with each of the Commission's modifications or conditions.
(5)
Upon submission of a final subdivision plat pursuant to § 145-6 herein, the Commission shall determine whether there has been any adverse change to the public facilities required by or serving the proposed subdivision since the time of its approval of the preliminary subdivision plan. If the Commission determines that there has been an adverse change, the Commission shall prepare a written findings and recommendations for review by the Town Council in accordance with this Subsection C.
D.
Expiration of preliminary subdivision plan. A preliminary
subdivision plan shall expire in two years from the date of its approval
by the Commission unless:
(1)
A final subdivision plat for the area covered by the
preliminary subdivision plan is approved by the Commission; or
(2)
The Commission extends the preliminary subdivision
plan upon a finding that good cause exists for the extension and that
the public facilities are adequate for the proposed development.
A.
The final subdivision plat shall consist of a drawing
intended for record incorporating those changes or additions lawfully
ordered by the Commission in its approval of the preliminary subdivision
plan. The final subdivision may include all or any portion of the
area concerned by the preliminary subdivision plan.
B.
Title and graphic information to be shown on the final
subdivision plat shall be as required on the approved preliminary
subdivision plan except contour lines and shall clearly show all items
required by § 3-108 of the Real Property Article of the
Annotated Code of Maryland, as amended pertaining to the preparation
of record plats.
C.
Space shall be provided on the final plat for the
following signatures and dates:
D.
The final subdivision plat shall be legibly and accurately
prepared or printed on sheets of material to a size of 18 inches by
24 inches, including a two-inch margin on the left side of the eighteen-inch
width. The plat shall be to a scale acceptable to the Commission,
generally, one inch equals 50 feet or one inch equals 100 feet, dependent
upon the size of the subdivision. The developer shall file with the
Commission the necessary copies for recording and distribution as
required by the Commission, at least one copy of which shall be returned
properly signed to the developer.
E.
A certificate signed by the owner and by the surveyor
shall be affixed to the plat as required by the Real Property Article
of the Annotated Code of Maryland.
