Article XXVI Subdivisions

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.

§ 18:1-160 Responsibility of developers.

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.

§ 18:1-159 Objectives.

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:

Providing a more efficient design, thereby reducing the cost of improvements, performance bonds and cost of the lots;

Providing design features or engineering that will be more easily maintained over time and less subject to failure or damage;

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;

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;

Providing for drainage through maximum use of natural drainage patterns, whenever practical;

Providing for a drainage system that is unlikely to develop erosion, washout or flooding problems;

Providing stormwater management facilities that are least costly to maintain and repair;

Providing for the shortest or most compact road, drainage, sewer or water system to reduce long-term public maintenance and operational costs;

Providing for maximum protection of natural resources; and

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.

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]

General responsibility.

The developer has sole responsibility to follow the procedures set forth in this article for:

The construction of required improvements;

Taking any other action necessary to obtain any review or approval required by this article; and

The acts, errors and omissions of the developer's agents, servants and employees with respect to such procedures, construction, review and approval.

The developer has the sole burden of establishing any facts necessary to any determination required to be made by this article.

The provisions of this section illustrate, but do not limit, these general responsibilities.

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.

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.

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.

[Amended 6-24-2008 by Ord. No. 08-07;[1] 7-10-2012 by Ord. No. 12-01]

Editor's Note: This ordinance also redesignated former Subsection D as Subsection E.

Agency action.

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.

§ 18:1-161 General standards of design.

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.

Basic conformance. A subdivision layout shall conform to the Comprehensive Plan and to the other provisions of this Chapter 18:1.

Existing structures.

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:

The full application of those requirements would necessarily prohibit any subdivision or reduce the number of lots that could be included in the subdivision;

Factors other than such reduction demonstrate that it would be unduly burdensome to require that the lot meet those requirements exactly; and

The modification is the least necessary to reduce that burden.

§ 18:1-162 Delegation of power of approval.

In the case of a subdivision that contains or may contain single-family residences, the lot shall meet at least the minimum requirements established for a nonconforming lot of record under Chapter 18:1, Part 7, Article XXIII.

Authorization.

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.

Notwithstanding Subsection A(1) of this section, only the Planning Commission may approve a subdivision that:

Contains more than five lots; or

Involves the creation or extension of a public road.

Effect.

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.

§ 18:1-163 Application for subdivision approval.

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.

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.

§ 18:1-164 Effect of approval of final plat.

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.

§ 18:1-165 Administrative subdivisions.

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.

§ 18:1-166 Applicability of provisions to administrative subdivisions.

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:

Involves the replatting, redefining or re-boundarying of at least two but fewer than six existing lots;

Will provide a number of resulting lots equal to or fewer than the number of existing lots involved in the subdivision;

Does not affect required improvements or existing covenants or guarantees required under this article; and

§ 18:1-167 Purposes and limitations of administrative subdivisions.

Does not involve the creation of new roads or new rights-of-way.

Other sections. With the exception of the certificates required under § 18:1-187B, C and E of this Chapter 18:1, § 18:1-178 through 18:1-192 of this Chapter 18:1 are not applicable to administrative subdivisions.

Purposes. An administrative subdivision may be approved for only one of the following purposes:

Establishing one or more resulting lots that conform to all provisions of this Chapter 18:1 for the district in which the resulting lots exist;

Increasing the size of one or more nonconforming existing lots by adding contiguous land; or

Combining existing lots, or parts of existing lots, for the purpose of meeting any requirements of this Chapter 18:1 that could not be met by any of the existing lots.

Resulting lots. An administrative subdivision may not be approved unless:

All resulting lots will comply with all requirements of this Chapter 18:1; or

§ 18:1-168 Application methods for administrative subdivisions.

The administrative subdivision results in an increase in the size of one or more existing nonconforming lots and increases only the area nonconformity on any existing lots, while meeting all other requirements of this Chapter 18:1.

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:

Application with a plat as provided in § 18:1-169 of this Chapter 18:1; or

Application without a plat as provided in § 18:1-171 of this Chapter 18:1.

§ 18:1-169 Application for administrative subdivision with plat.

Application.

The following shall be included in a submittal for administrative subdivision with plat:

Six copies of an administrative subdivision application and cover letter;

Six copies of a plat;

One copy of the property deed(s); and

One copy of all right-of-way and easement agreements.

The applications and plats shall be signed by the owners of all existing lots that will be affected by the proposed administrative subdivision.

Plat requirements.

All administrative plats shall be prepared according to the following standards.

All administrative plats shall be drawn to a legible scale showing the boundaries and dimensions of:

All existing lots that will be affected in any way by the proposed subdivision, shown with broken lines;

All resulting lots, shown by solid lines;

Courses and distances of existing property lines that are being eliminated; and

Acreage of land being transferred.

Administrative plats shall contain the following information:

The name of the subdivision and information with respect to ownership and professional preparation;

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;

The location and width of roads or rights-of-way which adjoin any resulting lot;

Net buildable area shall be labeled on the plats provided for subdivision approval.

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.

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."

§ 18:1-170 Approval of final administrative plat.

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."

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.

Filing.

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.

The final administrative plat shall be prepared and sealed by an identified registered land surveyor.

Consideration.

The Planning Director:

Shall review and consider the final administrative plat at least 15 days after the plat is submitted;

May, on the basis of the information submitted, approve the final administrative plat or disapprove the final administrative plat.

§ 18:1-171 Approval of administrative subdivision without plat.

The Planning Director may not approve any final administrative plat unless it finds that all requirements of §§ 18:1-165 through 18:1-171 of this Chapter 18:1 have been fulfilled.

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.

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.

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.

Recording. The provisions of § 18:1-192 of this Chapter 18:1 are applicable to an administrative subdivision.

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:

All existing lots were established on a single plat (hereafter referred to as "the basic plat");

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;

All resulting lots are defined or established solely by reference to the metes, bounds, courses, and distances set forth on the basic plat; and

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.

Requirement of instrument. The instrument referred to in this section shall:

Describe the administrative subdivision only in the manner specified in Subsection C of this section;

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;

Be in proper form to be recorded among the land records of the County; and

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."

Description of subdivision. The instrument upon which approval may be given under this section shall clearly identify:

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;

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;

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;

Each boundary line between existing lots that is to be abolished by the administrative subdivision; and

Each new boundary line that will define the resulting lots.

Instrument limited to basic plat.

The information referred to in Subsection C of this section may not contain any description that is based upon or in any way involves or mentions a survey other than that of the basic plat.

Each boundary line shall be:

Either a boundary line shown on the basic plat or a new line of division establishing a resulting lot; and

§ 18:1-172 Major and minor subdivisions; required improvements.

Described and/or established solely by reference to the metes, bounds, courses, and distances contained in the basic plat and shall have the same magnetic orientation.

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.

In general. Each subdivision shall contain the required improvements and facilities referred to in this section and Chapter 23 of this Code.

Minimum improvements.

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.

Editor's Note: See Ch. 23, Roads.

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.

[2]

Editor's Note: See Ch. 14:4, Stormwater Management, and Ch. 23, Roads.

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.

[3]

Editor's Note: See Ch. 14:2, Erosion and Sediment Control.

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.

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.

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]

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.

Inspection and acceptance.

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.

§ 18:1-174 Design guidelines for major cluster subdivisions in AG, CS, NC, E, SE, SR and VC Districts

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.

§ 18:1-173 Connectivity.

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.

Purpose. The purpose of this section is to encourage:

The conservation of natural resources to the extent possible;

Good site design for residential developments;

The conservation of energy, aesthetic values, and privacy; and

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.

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:

When site characteristic allows, residential units shall be located adjacent to existing tree lines instead of in open fields;

Street trees shall be planted at one-hundred to one-hundred-fifty-foot intervals in rural residential subdivisions;

Stormwater management areas should be incorporated into the landscaping of the site and should have the appearance of a landscape amenity;

Existing, mature trees shall be conserved to the extent possible on site;

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;

Community amenities proposed by an applicant may be located on separate lots up to five acres in area, provided the lots:

Are deeded to a homeowners’ association established pursuant to § 11B-101 et seq., Real Property Article, Annotated Code of Maryland; and

Are properly managed and maintained by the homeowners’ association; and

Are of adequate size and configuration to fulfill their objective as area of common use and enjoyment of lot owners; and

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.

Flag sewage reserve areas shall not be allowed;

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.

§ 18:1-175 Road names.

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.

Editor's Note: See Ch. 23, Roads.

§ 18:1-176 (Reserved) [1]

Editor’s Note: Former § 18:1-176, Mandatory dedication of parkland, was repealed 5-8-2007 by Ord. No. 06-104. For current provisions, see Ch. 18:3, Development Impact Fees.

§ 18:1-177 (Reserved) [1]

§ 18:1-178 Optional preliminary sketch; application.

Editor’s Note: Former § 18:1-177, Fee in lieu and recreation facilities, was repealed 5-8-2007 by Ord. No. 06-104. For current provisions, see Ch. 18:3, Development Impact Fees.

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:

TDR applications;

Noncontiguous development applications;

Master water sewer plan amendments;

Growth allocation; and

Recommendations required from the Board of Appeals.

§ 18:1-179 Special application.

Special application. Instead of filing a subdivision, an applicant may file a special application and, if applicable, a sketch plan, for a preliminary determination by the Planning Commission with respect to matters specified in § 18:1-178 of this Chapter 18:1.

Contents of special application.

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.

The owner shall at all times have full responsibility for furnishing all relevant information.

Required information for sketch plan.

A plat shall contain a location map that indicates the location of the subdivision or development in relation to municipal boundaries and traffic facilities.

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.

The plat shall show the status of all land adjacent to the property that is the subject of the application.

The plat shall indicate the characteristics of the land to be subdivided or developed and all resources that require protection in accordance with Part 4, Article IX, of this Chapter 18:1. A complete set of natural resource calculations in accordance with those provisions must be submitted.

The plat shall indicate the base site area and net buildable area, and calculations for arriving at each.

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.

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.

The sketch plan shall include preliminary information as required under Chapter 18:2, Forest Conservation, of this Chapter 18.

(9)

The sketch plan shall indicate the following site statistics:

Gross area;

Net buildable area proposed (acres);

Net buildable area allowed (acres);

Area within any floodplain;

(e)

Number of lots;

(f)

Total area in open space/resource protection;

(g)

Area in buffer yard; and

(h)

Area of proposed roads or rights-of-way.

Determination by Planning Director.

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.

§ 18:1-180 Preliminary subdivision requirements.

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.

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.

"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.

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.

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.

Form.

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.

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.

Title block; contents.

The title block shall contain the information required under this subsection.

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.

The map, block, parcel/lot number.

Land affected by subdivision.

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.

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.

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.

A revision block for all revisions made to the plat and the date of each revision shall be included.

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.

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]

Preliminary plat; contents. A preliminary plat shall include:

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;

The name of the owner, use, and zoning of all land adjacent to the property that is the subject of the application;

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

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.

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.

Land description.

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:

Angles, bearings, azimuths, dimensions, and curve data;

A description and location of all survey monuments sufficient to reproduce any line or reestablish any monument in the subdivision; and

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.

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:

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

The location of all recorded easements or rights-of-way affecting the parcel and/or proposed subdivision.

Site conditions. A preliminary plat shall include a detailed representation of the following site conditions:

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;

Historic sites, including historic buildings, designated historic areas, and natural features noted in the historic inventory prepared by the Maryland Historical Trust;

The location of all existing resource protection features as specified under Chapter 18:1, Part 4, Article IX;

The location of all existing structures and utilities; and

Areas within the critical area and within each development area designation (IDA, LDA, or RCA).

Subdivision features. A preliminary plat shall include a detailed representation of the following features of the proposed subdivision:

The proposed location and width of all alleys, roads, and dedications;

Open space areas, as required by this Chapter 18:1;

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;"

The boundary lines and proposed dimensions of all blocks, lots, parcels, open space, and public grounds;

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;

The proposed location of public or private water supply and public or private sewage disposal facilities;

The location of stormwater management facilities;

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."

Site summary data. A preliminary plat shall include a detailed summary of the site's components, including:

Gross area;

Area of other dedicated portions of the subdivision (school sites, parks, etc.);

Net buildable area proposed (acres);

Net buildable area allowed (acres);

Area within any floodplain;

Number of lots;

Total area in open space; and

§ 18:1-181 Preliminary subdivision engineering plan.

Area in buffer yard.

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.

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.

Public utilities. The location of public utility facilities shall be provided on the basis of consultation with the utility.

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.

§ 18:1-182 Administrative review of major subdivision plans.

Preapplication meeting.

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.

The purpose of this meeting is to provide the applicant with:

Relevant guidance as to local, state and federal policies and regulations;

The development review schedule; and

Time frames to the extent possible.

The preapplication process shall include the following steps:

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.

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.

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.

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.

Development review schedule.

The development review schedule applies only to development applications requiring Planning Commission approval.

The schedule is updated on a yearly basis and is available at the Department.

Time frames. The development review schedule includes the following significant time frames:

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.

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.

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.

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.

The Planning Commission meeting is the regularly scheduled date that the Planning Commission meets.

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.

§ 18:1-183 Agency reports.

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.

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:

Any recommendations for changes in the preliminary plat and engineering plans;

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

§ 18:1-184 Preliminary review by Commission.

Any revisions that the agency requires with respect to the estimates of cost and completion contained in the preliminary plat and engineering plans.

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).

Consideration.

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.

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.

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.

The Commission's action, including the reasons for any disapproval, shall be recorded in the minutes of the meeting.

Effect of approval.

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.

§ 18:1-185 Final engineering plans; general requirements.

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.

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.

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.

Preparation.

Final engineering plans shall be prepared by a professional engineer or professional land surveyor.

All copies of the final engineering plans shall contain:

The identity and signature of the engineer and the imprint of the engineer's seal;

The original date of design of the plans and all revision dates; and

The signature of the Department head or authorized person indicating final approval of the plat.

§ 18:1-186 Final plat approval; submission of final plats.

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.

Filing.

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]

The final subdivision plat shall be prepared and sealed by an identified registered land surveyor.

A final plat may not be accepted for processing if:

The period for approval of the preliminary plat has expired;

The final engineering plans have not been approved; or

All requirements of this section have not been met.

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.

Partial plats.

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.

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.

The Planning Director's determination is subject to review and approval by the Planning Commission.

Contents. The final plat shall contain all information as required for a preliminary plat. In addition:

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

Open space areas required for the protection of natural resources under Chapter 18:1, Part 4, Article IX, shall be shown.

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]

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:

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;

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 statement by which the owner dedicates all roads in the subdivision other than roads approved as private roads to public use;

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;

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

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.

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;

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

§ 18:1-188 Administrative review of final plats.

Proof of completion of all required improvements or a guarantee in accordance with Part 7, Article XXVII, of this Chapter 18:1.

§ 18:1-187 Required certifications.

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.

Owner's certificate.

	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_____.

	(Signature of owner)
	(Typed or printed name of owner)

Uniform Acknowledgments Act.

	STATE OF
	COUNTY OF
	ON THIS _______ DAY OF ____________________, 20_____, BEFORE ME, THE UNDERSIGNED OFFICER, PERSONALLY APPEARED_______________

	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.

	Notary Public

Planning Commission certificate.

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_____.


	(Signature of Chairman
	or Secretary of Planning Commission)

Surveyor's certificate.

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.

	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.
	As witness, my hand and seal this _____ day of ________, 20_____.


	(Signature of surveyor)
	(Typed or printed name of surveyor)
	(Address of surveyor)

County Finance Officer's certificate.

	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.
	As witness, my signature, this _____ day of _____________, 20_____.

	(Signature of County Finance Officer)

County Attorney's certificate.

	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.

	(Signature of County Attorney or
	Planning Commission Attorney)
	(typed or printed name of Attorney)

Public Works certificate.

	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_____.

	(Signature)

Environmental Health certificate.

	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_____.

	(Signature)

Planning Department certificate.

	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_____.

	(Signature of Planning Director)

Department of Emergency Services - Office of the Fire Marshal certificate.

[Added 10-28-2008 by Ord. No. 08-21]

	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_____.

	(Signature)

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.

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:

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;

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

§ 18:1-189 Completion of required improvements.

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.

Revision. Following notification pursuant to Subsection B(2) of this section, a revised final plat shall be filed with the Planning Director for further review in accordance with the provisions of this section.

Requirement of completion. A final plat may not be submitted to or approved by the Planning Commission until:

All required improvements have been satisfactorily completed and accepted in compliance with the requirements of this article; or

A guarantee for the completion of required improvements has been filed in accordance with Subsection B of this section.

Guarantee.

If any required improvement is not completed at the time when a final plat might otherwise be submitted to the Planning Commission, the developer may file a guarantee in a form and with the undertakings provided in §§ 18:1-193 through 18:1-203 of this Chapter 18:1.

§ 18:1-190 Final consideration by Commission.

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.

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.

Consideration.

The Planning Commission:

Shall review and consider the final plat at its next regular meeting; and

May, on the basis of the information submitted, approve the final plat for signature in accordance with Subsection D of this section or may disapprove the final plat.

The Planning Commission may not approve a final plat unless it is satisfied that all requirements of this Chapter 18:1 have been fulfilled.

Amount and duration of guarantee.

Before approval of a final plat, the Planning Commission shall consider the recommendations provided in accordance with § 18:1-185 of this Chapter 18:1 with respect to the estimated cost of completing required improvements and the time for the completion of the required improvements.

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.

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.

Conditional approval.

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.

Notwithstanding Subsection E(1) of this section, action may not be taken in accordance with Subsection D of this section until that condition is fulfilled.

Disapproval.

The reasons for the disapproval of a final plat shall be recorded in the minutes of the meeting at which it was considered.