A.
In general. Before any land within a subdivision is transferred or offered for sale, a final plat of subdivision shall be approved, signed and recorded in accordance with the provisions
of this article and the Planning Commission must
find that the proposed subdivision addresses all
nonconformities.
B.
Scope of requirement.
(1)
Any division of a lot, tract or parcel of land into two or more lots, plats, sites or other divisions of land for the
immediate or future purpose of sale or building development or the re-platting or re-boundarying of existing lots, tracts or parcels of land are subject to the provisions
of this article. Such division includes resubdivision of a lot, tract or parcel that has been previously
subdivided.
(2)
In addition to plats, maps and other graphic
representations of a subdivision, the description
of a lot or parcel by metes and bounds in an instrument of transfer or other document used in the process
of any sale or transfer, or proposed sale or transfer,
is subject to the provisions of this article, if the effect of the
instrument or document is to represent a subdivision, as defined in this Chapter 18:1.
The Planning Director and Planning Commission shall encourage designs that not only
meet the minimum subdivision requirements but also
result in the most beneficial use of land by:
A.
Providing a more efficient design, thereby reducing
the cost of improvements, performance bonds and cost of the lots;
B.
Providing design features or engineering that will
be more easily maintained over time and less subject to failure or
damage;
C.
Providing for greater safety at less expense to the
public agencies responsible for the maintenance of
public facilities, such as roads, sewer and water
facilities, drainage facilities and detention facilities;
D.
Providing for the coordinated development of adjoining properties to the benefit of future residents and the
general public, and ensuring that the future development potential of adjoining properties is not unduly limited;
E.
Providing for drainage through maximum use of natural
drainage patterns, whenever practical;
F.
Providing for a drainage system that is unlikely to
develop erosion, washout or flooding problems;
G.
Providing stormwater management facilities that are
least costly to maintain and repair;
H.
Providing for the shortest or most compact road, drainage, sewer or water system to reduce long-term
public maintenance and operational costs;
I.
Providing for maximum protection of natural resources;
and
J.
Providing that, to the extent practical, residential
lots and structures shall be located at
the fringe edges of existing woodlands and fields
and the lots designated so that agricultural fields
and open spaces are conserved.
K.
Providing for public safety through compliance with
the State Fire Code and with any applicable County or municipal Fire
Codes.
[Added 2-12-2008 by Ord. No. 06-103]
A.
General responsibility.
(1)
The developer has sole responsibility
to follow the procedures set forth in this article for:
(a)
The construction of required improvements;
(b)
Taking any other action necessary to obtain
any review or approval required by this article; and
(c)
The acts, errors and omissions of the developer's agents, servants and employees with respect
to such procedures, construction, review and approval.
(2)
The developer has the sole
burden of establishing any facts necessary to any determination required
to be made by this article.
(3)
The provisions of this section illustrate, but
do not limit, these general responsibilities.
B.
Required information. The developer has sole responsibility to provide all plats, plans, specifications,
cost estimates and other information required by or furnished by the developer in connection with any procedure authorized under
this article and is solely liable for any errors or omissions in that
information.
C.
Construction. The developer has sole
responsibility for the construction of all required improvements and is solely liable for any errors, omissions, faulty workmanship
or other damage that may result from or occur during such construction.
D.
Emergency services. The developer is responsible for notifying the volunteer fire department which
will provide primary service to the development and
shall meet or offer to meet with such volunteer fire department to
discuss, in good faith, the impact of such development on the provision of emergency services, the possible financial cost
and impact thereof and the possible offset or mitigation by the developer of costs associated therewith.
[1]
Editor's Note: This ordinance also redesignated
former Subsection D as Subsection E.
E.
Agency action.
(1)
Following any review or approval by an agency or agency employee in accordance
with this article, the developer has sole responsibility
to determine that no errors or omissions were present in the process
of such review or approval.
(2)
The responsibility of the developer is not affected to any degree because an agency or agency employee gave any approval or otherwise
acted consistently with any information furnished by the developer. An agency or agency employee does
not have any responsibility or liability with respect to any errors
or omissions that occur in connection with or as the result of any
review or approval authorized by this article.
A.
Basic conformance. A subdivision layout
shall conform to the Comprehensive Plan and to the other provisions of this Chapter 18:1.
B.
Existing structures.
(1)
In considering and approving an application,
the Planning Commission may modify the requirements of Parts 3 and 4 of this Chapter 18:1 with respect to any proposed lot that will contain an existing structure if the Commission finds that:
(a)
The full application of those requirements would
necessarily prohibit any subdivision or reduce the
number of lots that could be included in the subdivision;
(b)
Factors other than such reduction demonstrate
that it would be unduly burdensome to require that the lot meet those requirements exactly; and
(c)
The modification is the least necessary to reduce
that burden.
A.
Authorization.
(1)
The Planning Commission may
authorize the Planning Director, the Deputy Planning
Director, the Zoning Administrator or an equivalent administrative
official to approve an administrative subdivision or a minor subdivision.
B.
Effect.
(1)
An administrative official to whom authority
is granted in accordance with this section may approve and sign a
final plat and shall have those powers conferred upon the Planning Commission by this article that are necessary to
exercise that authority.
(2)
With respect to any subdivision that may be approved by an administrative official, the words "Planning Commission" in other sections of this article shall
be construed to mean that administrative official.
A developer who wishes to subdivide
property shall file an application with the Planning Director. The Planning Director may not accept any application
that does not contain all information and documentation required under
this article. The application shall be accompanied by a nonrefundable
fee in an amount prescribed by the County Commissioners.
A.
Notice to adjacent property owners. Applications for administrative, major and minor subdivision approval, including applications for any amendment or revision to an approved or recorded subdivision plat, shall include evidence, satisfactory to the Planning
Director, that the applicant has provided written notice
of the submission and purpose of the application to all adjacent property owners to the mailing address contained in the
state property tax records.
After any final plat has been approved in accordance
with this article, the word "lot" as applied to any
land within the subdivision as finally approved shall be deemed for purposes of this Chapter 18:1 to mean a lot as shown on the final plat. Any prior size or configuration of all
or any part of the land within such subdivision,
or the prior status of any such land as a "lot,"
is superseded by the final approval.
All administrative subdivisions shall be reviewed by the Planning Director, unless
the Planning Director determines that the administrative subdivision should be seen by the Planning Commission or the applicant requests Planning
Commission review and approval.
A.
Applicability. Sections 18:1-167 through 18:1-171 of this Chapter 18:1 apply only to a subdivision that is made for a purpose referred to in § 18:1-167 of this Chapter 18:1 and that:
(1)
Involves the replatting, redefining or re-boundarying
of at least two but fewer than six existing lots;
(2)
Will provide a number of resulting lots equal to or fewer than the number of existing lots involved in the subdivision;
(3)
Does not affect required improvements or existing covenants or guarantees required under
this article; and
(4)
Does not involve the creation of new roads or new rights-of-way.
A.
Purposes. An administrative subdivision may be approved for only one of the following purposes:
B.
Resulting lots. An administrative
subdivision may not be approved unless:
C.
No additional subdivision under certain
specified conditions. An administrative subdivision that has or has had the effect of combining two or more existing lots into one resulting lot and
is requested in anticipation of assessments or fees associated with
the extension of public water or sanitary sewer improvements shall
be irrevocable. The resulting lot may not be further
subdivided at any time, except that lot line adjustments may be approved as is otherwise permitted in this Chapter 18:1, provided such adjustments do not create any new lots of record.
An administrative subdivision may be applied for in two methods:
A.
B.
Plat requirements.
(1)
All administrative plats shall be prepared according
to the following standards.
(2)
All administrative plats shall be drawn to a
legible scale showing the boundaries and dimensions of:
(3)
Administrative plats shall contain the following
information:
(a)
The name of the subdivision and information with respect to ownership and professional preparation;
[1]
A land description, except that a complete boundary
survey need not be prepared for any administrative subdivision where:
[2]
There are no existing surveys of the existing lots;
[3]
The area in square feet of each resulting
lot can be adequately and intelligibly determined by reference
to deed descriptions or otherwise; and
[4]
The final administrative plat is accompanied
by the certificate of a registered land surveyor that the administrative subdivision creates no nonconformities;
(b)
The location and width of roads or rights-of-way which adjoin any resulting lot;
(c)
Net buildable area shall be
labeled on the plats provided for subdivision approval.
(d)
The location of minimum building setback lines on all resulting lots, together with a notation of the distance between such lines and
the road rights-of-way lines;
(e)
Ownership, zoning, and use of
all adjacent properties;
(f)
Location of the critical area and development area designation (IDA, LDA, or RCA) and the acreage within each development area designation;
(g)
The area in square feet of each resulting
lot, calculated to the nearest 100 square feet, plus or minus;
(h)
Identification of each resulting lot by consecutive numerals consistent with the system by which the existing lots were denoted; and
(i)
The location of proposed on-site sewage disposal
facilities and private water supply.
(4)
Areas to be dedicated to public use shall be
defined and identified by descriptive language, such as "drainage easement," "utility easement," "right-of-way,"
or "buffer yard easement."
(5)
The following statement shall be on the plat:
"After the plat has been approved and recorded, any prior size or
configuration of all or any part of the land shown on this plat, or
the prior status of any such land as a 'lot' under any zoning ordinance
or subdivision regulations, is superseded by the size and configuration
of the lots shown on this plat."
C.
Consideration. The Planning Director shall consider the application and determine whether the proposed administrative subdivision meets the requirements of §§ 18:1-159 through 18:1-171 of this Chapter 18:1. The Director may indicate in its approval any conditions or changes which will be required prior to final approval. If an administrative subdivision is disapproved, the notification shall contain the reasons for disapproval.
A.
Filing.
(1)
After a plat has been approved, the applicant
shall file with the Planning Director three Mylar
and seven paper copies of the final administrative plat and a CAD
drawing on floppy disk of the approved property lines, if available.
(2)
The final administrative plat shall be prepared
and sealed by an identified registered land surveyor.
C.
Approval. The Planning Director shall
approve the final administrative plat with a signature. The signature
shall constitute final approval of the subdivision and authorize the plat to be recorded by the Recorder of
Deeds. The final administrative plat is not finally approved
until it is so recorded.
D.
Disapproval. The reasons for the disapproval of a
final administrative plat shall be recorded in the file. Disapproval
of the final administrative plat may not prevent the applicant from
submitting amended or revised plats in accordance with the provisions
of this article.
E.
Notification. The Planning Director shall notify the applicant in writing of the Planning Director's action within seven days after the meeting at which such action
is taken. If a final administrative plat is disapproved, the notification
shall contain the reasons for disapproval.
A.
Scope of section. In lieu of the plat required by § 18:1-169 of this Chapter 18:1, the Planning Director may consider and approve an administrative subdivision on the basis of an instrument authorized by this section if:
(1)
All existing lots were established
on a single plat (hereafter referred to as "the basic plat");
(2)
The basic plat was recorded among the land records
of the County prior to April 9, 1987, and is bound
within a book containing plats or other land records;
(3)
All resulting lots are defined
or established solely by reference to the metes, bounds, courses,
and distances set forth on the basic plat; and
(4)
The Director finds that all resulting
lots can be adequately and intelligibly defined in accordance
with this section and without requiring a contemporary survey or the
preparation of a new plat.
B.
Requirement of instrument. The instrument referred
to in this section shall:
(1)
Describe the administrative subdivision only in the manner specified in Subsection C of this section;
(2)
Be signed and acknowledged by each person who owns legal or equitable title to any part of an existing
lot, but excluding a person who holds any
mortgage, deed of trust, or other lien or encumbrance on the existing lot;
(3)
Be in proper form to be recorded among the land
records of the County; and
(4)
Contain a statement in substantially the following
form: "after a final approval of this instrument by the Queen Anne's
County Planning Director, the word 'lot' as applied to any land described
in this instrument shall be deemed for purposes of any zoning or subdivision
ordinance to mean a resulting lot established by this instrument.
Any prior size or configuration of all or any part of the land described
in this instrument, or the prior status of any such land as a 'lot,'
is superseded by such final approval."
C.
Description of subdivision. The instrument
upon which approval may be given under this section shall clearly
identify:
(1)
The basic plat, by reference to the name or
title on the basic plat; the date of the basic plat; the date on which
the basic plat was recorded among the land records; the specific book
and page where the basic plat is physically located and, if such book
is not a book that also contains deeds and other general land records,
the book and page of the land records where the basic plat is formally
recorded;
(2)
The deed by which the owner(s) of each existing lot acquired title, including the date of the deed
and the book and page of the land records where it is recorded;
(3)
All existing lots, by specific
reference to the basic plat and the section, block, lot, or other identifying characteristics within the basic plat that
distinguish existing lots from other lots;
(4)
Each boundary line between existing
lots that is to be abolished by the administrative
subdivision; and
(5)
Each new boundary line that will define the resulting lots.
D.
E.
Recordation. An instrument approved in accordance
with this section shall be promptly recorded among the land records
of the County by the Planning Director. The fees for such recording shall be paid by the owner(s) of the
land involved in the administrative subdivision.
A.
In general. Each subdivision shall
contain the required improvements and facilities referred to in this section and Chapter 23 of this Code.
B.
Minimum improvements.
(1)
Each subdivision shall contain roads or highways adequate to provide access to all lots shown in the subdivision and, where
required, additional widths for existing major roads or highways in compliance with the County Roads Ordinance.[1] A flag lot shall be at least 20 feet
in width to accommodate proper access.
(2)
Each subdivision shall contain
storm drainage facilities for the handling and discharge of surface
waters. The facilities shall be constructed in accordance with stormwater
management plans and specifications prepared in conformity with the Stormwater Management Ordinance and the County Roads
Ordinance.[2] The facilities are subject to review and approval by the
Department of Public Works.
(3)
Each subdivision shall contain
erosion and sediment control facilities for handling erosion and sediment,
to be constructed in accordance with Title 4, Subtitle 1, of the Environment
Article of the Annotated Code of Maryland and the Sediment
Control Ordinance.[3] The Queen Anne's County Soil Conservation Service is responsible
for administration of those provisions.
(4)
Each subdivision shall be provided
with an approved source of potable water supply and an approved method
of sewage disposal. The design, installation, and operation of such
facilities is subject to review and approval of the appropriate County and state agencies. If connected
to an existing public system, the water or sewer installation shall
meet the standards and requirements of such system and shall become
a part thereof, without cost to any public agency. Flag sewerage reserve area shall not be allowed.
(5)
Each subdivision shall provide
electric and telephone lines necessary to serve lots in the subdivision. Approval of the utility companies
is required. Easements for utility lines or drainage
purposes shall be provided along the rear or side lot lines, where required, and these shall be used for the installation of
service pole lines, or, if underground utility lines are provided,
the easement may be in the front of the lot.
(6)
Should any improvement provided pursuant to
this subsection be used by other property owners,
the applicant for subdivision approval may seek approval
for the reimbursement of all or a portion of the costs incurred, pursuant
to an approved Public Works agreement.
[Amended 1-18-2005 by Ord. No. 04-31]
(7)
Other improvements. In addition to the improvements required under Subsection B of this section, each subdivision shall contain resource protection, landscaping, buffer yards, and other facilities and improvements as are required in Part 4 of this Chapter 18:1 with respect to the particular site. The Planning Director may prescribe layout and
design requirements for engineering plans submitted for such improvements.
C.
Inspection and acceptance.
(1)
All construction work on required improvements and facilities, and all materials used, shall be subject to approval
and inspection by the appropriate public agency or
department during and upon completion of construction. Approval of
a plat shall not be deemed to constitute or effect an acceptance by
the public of any street or other open space shown on the plat.
(2)
Where a required improvement is to be transferred to the County, approval and
acceptance by the County Commissioners is also required,
and no approval given under this article shall be construed to require
such acceptance.
The arrangement of streets within any proposed subdivision abutting areas that are not
subdivided shall make provision for the projection of streets into
such unsubdivided areas. Lots shall be arranged to
allow the opening of future streets and logical further subdivision. When any streets exist on the abutting areas,
such streets shall be continued and shall be at least as wide as such
existing streets and in alignment therewith. Where streets change
design in alignment and width, the applicant shall provide transition
sufficient to ensure safe and efficient traffic flow.
A.
Purpose. The purpose of this section is to encourage:
(1)
The conservation of natural resources to the
extent possible;
(2)
Good site design for residential developments;
(3)
The conservation of energy, aesthetic values,
and privacy; and
(4)
Good site design and layout
for subdivisions that maximizes views, maintains
natural resources, and minimizes the number of flag lots and double-frontage lots to the extent possible.
B.
Design guidelines. All new major cluster subdivisions in the AG, CS, NC, E, SE, SR and VC Districts are strongly encouraged
to incorporate the following design guidelines. The Planning
Director and/or Planning Commission shall
consider these guidelines in their review of all new development and redevelopment within these districts. The Planning Director and/or Planning Commission may not approve development applications that have not made a practical
and good faith effort to comply with the following design guidelines:
(1)
When site characteristic allows,
residential units shall be located adjacent to existing tree lines
instead of in open fields;
(2)
Street trees shall be planted at one-hundred
to one-hundred-fifty-foot intervals in rural residential subdivisions;
(3)
Stormwater management areas should be incorporated
into the landscaping of the site and should have
the appearance of a landscape amenity;
(4)
Existing, mature trees shall be conserved to
the extent possible on site;
(5)
Community amenities such as
community areas, community stables, picnic tables, tot lots, playgrounds,
playing fields, tennis courts, walking trails, etc., shall be provided
in rural residential neighborhoods that contain more than 30 lots or use noncontiguous development;
(6)
Community amenities proposed
by an applicant may be located on separate lots up
to five acres in area, provided the lots:
(a)
Are deeded to a homeowners’ association
established pursuant to § 11B-101 et seq., Real Property
Article, Annotated Code of Maryland; and
(b)
Are properly managed and maintained by the homeowners’
association; and
(c)
Are of adequate size and configuration to fulfill
their objective as area of common use and enjoyment
of lot owners; and
(d)
Can support improvements such as buffers, amenities or stormwater management facilities; and
(e)
Are permanently restricted to prevent use of
the lots and the construction of any structures requiring on-site sewage disposal.
(7)
Flag sewage reserve areas shall not be allowed;
(8)
A limited number of flag lots may be permitted in subdivisions that implement
noncontiguous development;
(9)
A flag lot shall be at least
20 feet in lot width to accommodate proper access;
and
(10)
In subdivisions with more than
30 lots, grid street patterns should be incorporated
and linear street patterns should be avoided.
Names may not duplicate or closely approximate
existing street names in the County, except for extension
of existing streets. A name sign of an approved design
shall be erected at each new street intersection as provided in the County Roads Ordinance[1] and at the expense of the developer.
The purpose of a sketch plan is to provide a
method for prompt consideration of matters relating to a subdivision that require consideration by the Planning Commission. Such matters include:
B.
Contents of special application.
(1)
The special application shall specifically identify
the matters that the owner seeks to have determined and shall include
any information that is relevant to a full and complete evaluation
of those matters.
(2)
The owner shall at all times have full responsibility
for furnishing all relevant information.
C.
Required information for sketch plan.
(1)
A plat shall contain a location map that indicates
the location of the subdivision or development in relation to municipal boundaries and traffic facilities.
(2)
The plat shall show the boundaries of the land
that is the subject of the application and specify the location and
position of the proposed development. A copy of the
property deed must be indicated.
(3)
The plat shall show the status of all land adjacent
to the property that is the subject of the application.
(5)
The plat shall indicate the base site
area and net buildable area, and calculations
for arriving at each.
(6)
The plat shall indicate all existing structures, and proposed roads, parking areas, and setbacks, including dimensions. Parking and buffer yards must be shown
on the plat and along with all computations as to how numbers were
arrived at.
(7)
The plat should include an environmental review
with comments by the Department of Natural Resources. Critical areas
designation and delineation (IDA, LDA, and RCA) and buffers must be
indicated on the plat.
(9)
The sketch plan shall indicate the following site statistics:
D.
Determination by Planning Director.
(1)
If the Planning Director determines
on the basis of the application that all information sufficient to
evaluate the requested determination has been furnished, the Planning Director shall so inform the owner in writing.
(2)
The Planning Director may require
the applicant to submit additional information the Planning
Director deems necessary for a full and complete consideration
of the requested determination. Until the required information is
furnished to the Planning Director, an application
is not complete under this section.
E.
Effect. Because of the superficial nature of a preliminary
sketch, any comments provided in accordance with this section are
advisory only and are not binding upon the Planning Commission or the Department or agency furnishing
the comments.
A.
"Identify" defined. In this section, "identify" means
to give the name, address, and telephone number of the person indicated and, in the case of an engineer, planner, or surveyor,
the employer of the identified person.
B.
In general. All plats required by this article shall
be in the form and contain the basic information required by the other
provisions of this section, except as expressly modified in other
provisions of this article with respect to any specific type of plat.
C.
Filing. The applicant shall file with the Planning Director 11 copies of the application and plat(s),
two copies of the property deed, and any other applicable information.
D.
Form.
(1)
A plat shall be printed on paper to a scale
of one inch equals 100 feet or one inch equals 50 feet. The top of
the plat shall be oriented north and the plat shall contain a North
arrow. Linear dimensions shall be given in feet and decimals of a
foot. Where a line is an arc of a circle, the radius and the length
of the arc shall be shown.
(2)
The Planning Director may modify the requirements in Subsection D(1) of this section relating to scale and orientation if, in the Planning Director's opinion,
the requirement places an unnecessary burden upon the applicant and
the information required to be shown on the plat can be presented
with equal clarity by the modified scale or orientation.
E.
Title block; contents.
(1)
The title block shall contain the information
required under this subsection.
(2)
The name of the subdivision shall be indicated, if the property is within an existing subdivision, or the proposed name of the subdivision. A proposed name may not duplicate the name of any subdivision plat previously recorded in the County. The developer may provide a temporary subdivision name, which shall be the name by which the property is generally
known in the community.
(3)
The map, block, parcel/lot number.
(4)
Land affected by subdivision.
(a)
A plat shall identify the owners of all land
to be affected by the subdivision and provide a citation of the instruments by which title to the land was
conveyed to the owners.
(b)
If the land is affected by a trust of any kind,
such information shall be provided with respect to each trustee and
each beneficiary of the trust. The nature and extent of the interest
of each shall be indicated, and a copy of all trust instruments shall
be attached.
(5)
The title block shall contain the names and
addresses of all engineers, planners, surveyors, and other professional persons or offices responsible for subdivision design, design of public improvements, and surveys.
(6)
A revision block for all revisions made to the
plat and the date of each revision shall be included.
(7)
For subdivisions in or adjacent to the AG, CS, or NC Districts, a right-to-farm statement shall be included. The statement shall provide that there shall be no basis, under this Chapter 18:1, for recourse against the effects of any normal farming operations conducted in accordance with standard and acceptable best management practices. Normal agricultural effects include,
but are not limited to, noise, odor, vibration, fumes, dust, spray
drift, or glare.
(8)
A right-to-conduct seafood industry operations
statement shall be included on all subdivision plats. The statement shall state that there shall be no basis under this Chapter 18:1 for recourse against the effects of any commercial seafood industry operation permitted by this Chapter 18:1 that is conducted in a manner consistent with generally accepted commercial seafood and fishing industry management practices as defined by § 19-13 of the Code of Public Local Laws of Queen Anne's County.
[Added 7-22-2008 by Ord. No. 08-08]
F.
Preliminary plat; contents. A preliminary plat shall
include:
(1)
A location map of the region, drawn at a reasonable
scale and indicating the location of the subdivision in relation to municipal boundaries and traffic facilities;
(2)
The name of the owner, use,
and zoning of all land adjacent to the property that is the subject
of the application;
(3)
The locations, names, and right-of-way widths
of existing roads and streets, the proposed layout
of roads and lots, the alignment
of proposed roads in relation to other existing roads, and the entrances and manner of access to the subdivision; and
(4)
The location of all recorded easements, including rights-of-way, that affect the property and a citation of any recorded easements, restrictions,
reservations, or covenants that affect the property
and any information concerning transfer of development rights as they related to the proposed subdivision.
G.
Capacity calculations. The plat shall
indicate the base site area, total tract, maximum residential density, total resource
protection lands, and net buildable area required by this Chapter 18:1.
H.
Land description.
(1)
Except as provided in Subsection H(2) of this section, the land description in a preliminary plat shall include a complete boundary survey, prepared by a registered land surveyor, containing the following information:
(a)
Angles, bearings, azimuths, dimensions, and
curve data;
(b)
A description and location of all survey monuments
sufficient to reproduce any line or reestablish any monument in the subdivision; and
(c)
Contour lines of two-foot intervals for areas
proposed for subdivision. This requirement does not
apply to lands subdivided pursuant to the sliding-scale subdivision requirements.
(2)
For minor cluster and planned subdivisions in the CS and AG Districts where five or fewer lots will result from the proposed subdivision, and
where 50% or less of the total allowable number of units is proposed
on the site, it will not be necessary to submit a
complete boundary survey for that portion of the parcel not within
the proposed subdivision. However, the following
information shall be provided:
(a)
Two vicinity maps, one showing the location
of the parcel to the nearest County or state road and the other indicating the location of the proposed lots in relation to the entire parcel; and
(b)
The location of all recorded easements or rights-of-way affecting the parcel and/or proposed subdivision.
I.
Site conditions. A preliminary plat
shall include a detailed representation of the following site conditions:
(1)
Proposed public improvements, including roads or other major improvements planned
by public authorities for future construction on or near the subdivision, according to information available from the Planning Director or Department of Public Works;
(2)
Historic sites, including historic buildings, designated historic areas, and natural features
noted in the historic inventory prepared by the Maryland Historical
Trust;
(4)
The location of all existing structures and utilities; and
(5)
Areas within the critical area and within each development area designation (IDA, LDA, or RCA).
J.
Subdivision features. A preliminary
plat shall include a detailed representation of the following features
of the proposed subdivision:
(1)
The proposed location and width of all alleys, roads, and dedications;
(3)
Areas to be dedicated to public use that are defined and identified by descriptive language, such as
"drainage easement," "utility easement," "right-of-way," and "buffer yard easement;"
(4)
The boundary lines and proposed dimensions of
all blocks, lots, parcels, open space, and public grounds;
(5)
The location of minimum building setback lines on all lots, together
with a notation of the distance between such lines and the road right-of-way lines, and in no case shall the setback lines be less than required by this Chapter 18:1 for the zone in which the subdivision is located;
(6)
The proposed location of public or private water
supply and public or private sewage disposal facilities;
(7)
The location of stormwater management facilities;
(8)
The gross area in square feet of each lot, calculated to the nearest 100 square feet; and
(9)
Identification of each block by a system of
consecutive numerals or letters and identification of each lot within each block by consecutive numerals within that
block, beginning with "1."
K.
Site summary data. A preliminary
plat shall include a detailed summary of the site's components, including:
L.
Cover letters. All original and revised development applications shall be accompanied by a cover letter outlining the
project, noting any changes to the project and addressing formal staff
comments.
A.
Engineering plan required. All preliminary plats shall
be accompanied by an appropriate number of applications, plats and
cover letters outlining the project and preliminary engineering plans
that contain, with respect to each required improvement and in preliminary form, the information that is required for review and approval under the ordinances referred to in §§ 18:1-172 through 18:1-177 of this Chapter 18:1.
B.
Public utilities. The location of public utility facilities shall be provided on the basis
of consultation with the utility.
C.
Other agencies. The Planning
Commission, the Planning Director or any
other agency providing review may require additional
information as may be necessary to provide an adequate basis for proper
review of engineering plans.
A.
Preapplication meeting.
(1)
Prior to the submittal of a new development application that requires Planning Commission approval,
a preapplication meeting between the Department,
the applicant and the applicant's engineer/surveyor is required.
(3)
The preapplication process shall include the
following steps:
(a)
The applicant shall provide the Planning
Director a map of the property identifying resource
protection lands, including buildable lands that contain
lands that merit conservation.
(b)
A member of the Planning Department shall conduct
a site visit in order to become familiar with the
property and to verify the natural features as depicted on the preliminary
map.
(c)
Following the site visit by
staff, the applicant shall prepare a rough sketch plan that indicates
all areas proposed for development and all areas
set aside for conservation purposes.
(d)
Following staff comment on the sketch plan,
the applicant shall submit a plat to the Planning Department to be
distributed to the appropriate reviewing agencies, with all proposed lots arranged for maximum use of the property, conservation of natural resources and
maximization of views and good site design.
C.
Time frames. The development review
schedule includes the following significant time frames:
(1)
The original submittal date is the first regularly
scheduled date when a project with a complete application may be submitted
to the Department and included in the development review cycle. A submittal meeting between the Department and the applicant's agent is required.
(2)
Staff Technical Advisory Committee (STAC) review,
which is the regularly scheduled date when relevant government agencies meet to review development applications
and provide the applicant with formal comments. Each development application requires STAC review at least once. Development applications that involve sketch and subdivision approval require STAC review at each stage of the approval process. Subdivision proposals (preliminary and final) require STAC
review once. Revisions to approved subdivision plans
will not require additional STAC review. The Planning Director reserves the right to eliminate unnecessary STAC reviews, if appropriate.
Formal staff comments will not be made available to the engineers/surveyors
or applicants until a STAC meeting is held.
(3)
The twenty-five-day cutoff is the regularly
scheduled date that complete development applications
may be submitted to the Department for consideration
for the next regularly scheduled Planning Commission meeting. A submittal meeting between the Department and the applicant's agent is required.
(4)
The fifteen-day administrative approval is the
regularly scheduled date that the Department completes
all development application reviews, sets the Planning Commission agenda, and prepares Planning
Commission staff reports.
(5)
The Planning Commission meeting
is the regularly scheduled date that the Planning Commission meets.
D.
Incomplete application. Incomplete development applications submitted on the original cutoff and/or twenty-five-day
cutoff date will not be accepted or moved forward for the formal development review cycle. Should the applicant still desire
staff review of the development application, the
applicant must sign a letter of understanding indicating the applicant
understands the development application is incomplete
and will not be processed through the development review cycle. Incomplete development applications
will be reviewed as staff time permits.
A.
Form. Each agency report shall specify
the latest revision date shown on the preliminary plat and engineering
plans to which the report applies and shall be signed by an authorized
representative of the agency.
B.
Contents. Each report shall contain either an affirmative
statement that the preliminary plat and engineering plans meet all
requirements with which the particular agency is
concerned and that the agency has no recommendations
or:
(1)
Any recommendations for changes in the preliminary
plat and engineering plans;
(2)
Any conditions for approval necessary to bring
the preliminary plat and engineering plans into compliance with any
applicable law, ordinance or regulation or to eliminate any adverse
effects of the proposal on those aspects of the general health, safety
and welfare of the community for which such agency has special responsibility; and
(3)
Any revisions that the agency requires with respect to the estimates of cost and completion contained
in the preliminary plat and engineering plans.
A.
Transmittal. After approval of a preliminary plat and engineering plans in accordance with § 18:1-183 of this Chapter 18:1, the Planning Director shall prepare
and forward to the Planning Commission a written
report setting forth the Department's recommendations
and those of the Staff Technical Advisory Committee (STAC).
B.
Consideration.
(1)
The Planning Commission shall
consider the preliminary plat and engineering plans and the recommendations
at its next regular meeting that is at least 10 days after the report
of the Planning Director.
(2)
On the basis of preliminary information and
any other information presented at the meeting, the Commission shall
determine whether it appears that the proposed subdivision meets all requirements of this Chapter 18:1 and that final approval will be given if all provisions of §§ 18:1-186 through 18:1-192 of this Chapter 18:1 are fulfilled in accordance with that information.
(3)
The Commission may approve or disapprove the
preliminary plat and engineering plans. The Planning Commission may indicate in its approval any conditions that will be required
prior to final approval, but the Commission is not required to do
so, and its failure to indicate any condition in connection with preliminary
approval may not affect the right to attach such condition to its
final approval.
(4)
The Commission's action, including the reasons
for any disapproval, shall be recorded in the minutes of the meeting.
C.
Effect of approval.
(1)
Approval of the preliminary plat and engineering
plans constitutes tentative approval of the general design of the subdivision and is revocable by the Planning Commission. If not earlier revoked, the approval shall continue for a period
of 30 months.
(2)
After the earlier of the time when the tentative
approval is revoked or 30 months after the date of the tentative approval
by the Planning Commission, all rights arising from
or created by the approval shall expire and terminate unless the time
is extended by the Planning Commission for good cause
shown by the developer.
D.
Notification. The Planning Director shall notify the developer, in writing, of the Planning Commission's action within seven days after the
meeting at which the action is taken. If the preliminary plat and
engineering plans are disapproved, the notification shall contain
the reasons for disapproval.
A.
Requirement. Except where development of the subdivision does not involve required
improvements, final engineering plans may be submitted by
the developer after approval of the preliminary engineering
plans. The final engineering plans shall be filed with the Planning Director.
B.
Preparation.
(1)
Final engineering plans shall be prepared by
a professional engineer or professional land surveyor.
(2)
All copies of the final engineering plans shall
contain:
(3)
Street/storm drain plans. Engineering specifications
and review procedure guidelines relating to street and storm drain
plans may be obtained at the Department of Public Works.
A.
Filing.
(1)
The applicant shall file with the Planning
Director three Mylar and seven paper copies of the final
plat(s) and a CAD drawing on computer disk of the approved property
lines, if available.
[Amended 1-18-2005 by Ord. No. 04-32]
(2)
The final subdivision plat
shall be prepared and sealed by an identified registered land surveyor.
B.
Preparation. The final plat shall represent a record
of the subdivision as surveyed in the field and shall
be prepared, signed, and sealed by a registered land boundary surveyor
who shall be identified on the plat. The final plat shall be permanently
drawn on tracing cloth or reproducible Mylar and shall contain the
same information as the preliminary plat, except for changes and additions
required by the Planning Commission.
C.
Partial plats.
(1)
A developer may request permission
to file a final plat covering only a portion of the area included
in the preliminary plat. The request shall be in writing, filed with
the Planning Director, and contain a statement of
all reasons why the request is made.
(2)
The Planning Director and Director
of Public Works may accept a partial plat if both determine that such
partial plat will not have any negative effect on the continuity of
infrastructure, including but not limited to roads, water, sewer, and stormwater.
(3)
The Planning Director's determination
is subject to review and approval by the Planning Commission.
D.
Contents. The final plat shall contain all information
as required for a preliminary plat. In addition:
(1)
If more than one sheet is used for any plat,
each sheet shall be numbered consecutively and shall contain a notation
showing the whole number of sheets in the plat and its relation to
the other sheets; and
(3)
Stream buffers shall be labeled
on the plat and the plat shall bear a note stating: "There shall be
no clearing, grading, construction, or disturbance of vegetation within
the stream buffer except as approved by the Department of Planning
and Zoning.”
[Added 9-7-2004 by Ord. No. 04-08]
E.
Other documents. A final plat may be reviewed but
may not be submitted to the Planning Commission for
final approval until the developer has filed with
the Planning Director:
(1)
Copies of all covenants and restrictions required by this Chapter 18:1, which shall contain a legally sufficient description of the subject property, the name of the subdivision, and a reference to the final plat;
(2)
If the final plat includes public roads, an instrument executed by the owner and in proper form to be recorded
among the land records of the County that includes:
(a)
A statement by which the owner dedicates all roads in the subdivision other than roads approved as private roads to public
use;
(b)
An offer to convey the roads to the County Commissioners at such time as the County Commissioners by ordinance or resolution agree to
accept the roads as part of the County roads system;
(c)
A covenant that the offer is
irrevocable and may be released only in the same manner as that provided
by law for the abandonment or closing of public roads; and
(d)
An express statement that the County
Commissioners and/or the County Roads Board have no responsibility
whatsoever for the roads until such time as they
are accepted as part of the County roads system by
ordinance or resolution.
(3)
If the final plat proposes to discharge treated
effluent into, or proposes any construction within, a public waterway
or waters otherwise controlled or regulated by any governmental or
quasi-governmental agency such as the U.S. Corps
of Engineers, the Maryland Division of Water Resources, a drainage
district, a sanitary district, or the U.S. Environmental Protection
Agency, copies of appropriate permits for the discharge or construction;
(4)
Reports containing an affirmative statement
by each agency to whom the subdivision plat has been referred that the subdivision plat
meets all requirements with which the particular agency is concerned and that the agency has no recommendations;
and
A.
In general. Every final plat shall contain certificates
in substantially the form provided in this section. The certificate
of the owner shall be made by the person(s) who have
fee simple title to the property and shall be acknowledged and contain
a certificate conforming to the Maryland Uniform Acknowledgments Act.
B.
Owner's certificate.
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This is to certify that the undersigned is/are
the owner(s) of the land described in the annexed plat and that I/we
have caused the land to be surveyed and subdivided as indicated thereon
for the uses and purposes set forth herein. I/we also certify to the
best of my/our knowledge that all recorded and unrecorded easements,
restrictions, reservations or covenants have been indicated on the
annexed plat. I/we hereby acknowledge and adopt the same as my/our
act this ____________________ day of ____________________, 20_____.
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(Signature of owner)
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(Typed or printed name of owner)
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C.
Uniform Acknowledgments Act.
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STATE OF
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COUNTY OF
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ON THIS _______ DAY OF ____________________,
20_____, BEFORE ME, THE UNDERSIGNED OFFICER, PERSONALLY APPEARED_______________
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KNOWN TO ME (OR SATISFACTORILY PROVEN) TO BE
THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED
THAT HE EXECUTED THE SAME FOR THE PURPOSES THEREIN CONTAINED. IN WITNESS
WHEREOF I HEREUNTO SET MY HAND AND OFFICIAL SEAL.
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Notary Public
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D.
Planning Commission certificate.
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This is to certify that the annexed plat of
subdivision/site plan was approved by the Planning Commission of Queen
Anne's County on the ___________________ day of ___________________,
20_____.
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(Signature of Chairman
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or Secretary of Planning Commission)
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E.
Surveyor's certificate.
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This is to certify that the undersigned, Registered
Maryland Land Surveyor No. ______, has surveyed and subdivided the
property as described and shown on the annexed plat and that such
plat is a correct representation of that survey and subdivision. All
distances are shown in feet and decimals thereof. All lots meet the
requirements of the Queen Anne's County Zoning Ordinance in regard
to lot area, width and buildable area.
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I further certify that this subdivision is/is
not situated within 500 feet of a surface drain or water course serving
a tributary area of 640 acres or more.
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As witness, my hand and seal this _____ day
of ________, 20_____.
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(Signature of surveyor)
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(Typed or printed name of surveyor)
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(Address of surveyor)
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F.
County Finance Officer's certificate.
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The Finance Officer of Queen Anne's County hereby
certifies that there are no delinquent general taxes and no redeemable
tax sales against any of the land shown on the annexed plat and that
I have received all fees and taxes assessed against such land.
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As witness, my signature, this _____ day of
_____________, 20_____.
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(Signature of County Finance Officer)
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G.
County Attorney's certificate.
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The undersigned County Attorney for Queen Anne's
County, hereby certifies that acceptable surety for required improvements
shown on the annexed plat has been furnished in accordance with the
Queen Anne's County Zoning Ordinance.
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(Signature of County Attorney or
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Planning Commission Attorney)
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(typed or printed name of Attorney)
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H.
Public Works certificate.
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This is to verify that the annexed plat of subdivision
was approved by the Department of Public Works of Queen Anne's County
on the _____ day of __________________, 20_____.
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(Signature)
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I.
Environmental Health certificate.
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This is to verify that the annexed plan of subdivision
was approved by the Environmental Health Department of Queen Anne's
County on the _____ day of _______________, 20_____.
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(Signature)
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J.
Planning Department certificate.
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This is to certify that the annexed plat of
subdivision was approved by the Department of Planning of Queen Anne's
County on the ______ day of ________________, 20_____.
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(Signature of Planning Director)
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K.
Department of Emergency Services - Office of the Fire
Marshal certificate.
[Added 10-28-2008 by Ord. No. 08-21]
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This is to certify that the annexed plat of
subdivision was approved by the Department of Emergency Services -
Office of the Fire Marshal on the ______ day of ________________,
20_____.
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(Signature)
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A.
Transmittal. Within three days after receiving final
plat copies, the Planning Director shall forward
copies to the Directors of the Department of Public Works, the Department
of Health, and the County Soil Conservation Service, and to the County
Engineer for their review.
B.
Notification. With time frames specified in the development review cycle, the Planning Director shall provide the developer with a written statement
containing one of the following statements:
(1)
The final plat is in full compliance with this Chapter 18:1 and all changes or revisions to the preliminary plat required by the Planning Commission;
(2)
The final plat is not in compliance with this Chapter 18:1 and all changes or revisions to the preliminary plat required by the Planning Commission and must be revised
and resubmitted; or
(3)
Designated minor changes are necessary to the
final plat, but the plat may be scheduled for Planning Commission approval, subject to receipt of such revisions at least 25 days
prior to the date of the Planning Commission meeting.
A.
Requirement of completion. A final plat may not be
submitted to or approved by the Planning Commission until:
B.
Guarantee.
(2)
Unless otherwise provided by rules and regulations
adopted by the Planning Commission and, in any event,
subject to final action by the Planning Commission in accordance with § 18:1-190 of this Chapter 18:1, the Planning Director may accept a guarantee in an amount and
for a period determined on the basis of the agency recommendations provided in accordance with § 18:1-185 of this Chapter 18:1 with respect to the estimated cost of completing the required improvement and the time for its completion.
A.
Transmittal. The Planning Commission shall consider the matter at a regular meeting that is at least
10 days after the Planning Director has received the final plat and all approvals and other documents required under §§ 18:1-186 through 18:1-189 of this Chapter 18:1. A matter may not be submitted to the Planning Commission for final approval prior to that time.
C.
Amount and duration of guarantee.
(2)
On the basis of those recommendations and other
information before it, the Planning Commission shall establish the amount of the guarantee and a reasonable time within which the improvements are to be completed. The guarantee shall conform to all requirements in §§ 18:1-193 through 18:1-203 of this Chapter 18:1.
D.
Approval. If the Planning Commission approves the final plat, the final plat shall be signed by the Chairman
or Secretary of the Planning Commission. The signature
shall constitute final approval of the subdivision and authorize the plat to be recorded by the Recorder of
Deeds. The final plat is not finally approved until it is
so executed.
E.
Conditional approval.
(1)
The Planning Commission may
condition its approval on the performance of a minor administrative
act that involves no exercise of discretion, such as the submission
to its Chairman or Secretary of a revised guarantee or covenant containing terms expressly set forth in the condition.
G.
Notification. The Planning Director shall notify the developer in writing of the Planning Commission's action within seven days of the meeting
at which such action is taken. If a final plat is disapproved, the
notification shall contain the reasons for disapproval.
If a required improvement is
not completed within the time established under this article, the Planning Commission may extend the time for completion for a reasonable period. An extension shall be conditioned upon the filing of appropriate guarantees conforming to the requirements of §§ 18:1-193 through 18:1-203 of this Chapter 18:1. Nothing in this section shall be construed to limit the right of the County Commissioners to enforce the guarantee at any time during the period initially
established or during any period of extension.
A.
In general. A plat or other representation of a subdivision may not be recorded among the land records of
the County until it has been approved and signed
in accordance with this article.
B.
Responsibility of developer. The developer has sole responsibility to provide a final plat and all other documents required by this Chapter 18:1 to be recorded among the land records of the County in such form
as may be necessary for the recordation and to pay, in addition to
any other fees required by this article, all costs of the recording
and of obtaining certified copies of the final plan and other documents.
