[1]
Editor's Note: The various forms and checklists
required for preliminary plat and subdivision approval are on file
in the Town offices.
In planning and developing a subdivision, the subdivider or his agent shall comply with the general principles of design and minimum requirements for the layout of subdivision set forth in Article X and with the regulations concerning improvements as set forth in Article VI of this chapter, and in every case he shall observe the following procedures.
A.
Where a subdivision plat includes improvements, the developer may submit a sketch plan to the Planning Commission in accordance with the provisions of Article IV.
[Amended 3-12-2002 by Ord. No. 2002-7]
B.
Such sketch plan will be considered as submitted for
informal review and discussion and shall not constitute formal filing
of the plan.
C.
As far as may be practical on the basis of the sketch
plan review and discussion, the Planning Commission will informally
advise the developer as promptly as possible of the extent to which
the proposed subdivision conforms to the design standards of these
regulations and will discuss possible plan modifications necessary
to secure conformance.
[Amended 10-9-2018 by Ord. No. 2018-08]
A.
In the event that a subdivision is five lots or fewer
from an original tract of record of February 13, 1967, and it involves
no new streets or extensions of existing streets, the developer may
proceed directly to the preparation of a final plat in accordance
with the requirements of this article. All minor subdivision plats
must be submitted at least 15 days prior to the Planning Commission
meeting.
B.
In addition to final plat data, a minor subdivision
shall also show the following:
When the owner of a lot or parcel wishes to
add additional land to said lot or parcel, the following requirements
only need apply:
A.
A survey plat showing the following:
(1)
Boundary survey of additional land.
(2)
The lot or parcel to which the addition is being made.
(4)
Signature of a registered surveyor certifying it as
an accurate survey.
(5)
A signature block for the Planning Commission's approval.
(6)
A note on the plat signed by the owner stating the
following: "Application is hereby made for your approval of the indicated
transfer of land solely for adding to adjoining holdings and not for
development. Any future subdivision of this land or building development
will be submitted in the regular manner for approval in accordance
with the existing Subdivision Regulations."
(7)
A road dedication, if applicable.
B.
No transfer of land shall be approved if the original
lot from which the transfer was made causes said lot to be less than
the minimum lot size for its zoning district or causes the lot to
be in violation of any other applicable zoning or health requirements.
C.
The approved survey plat shall be recorded with the
Clerk of the Circuit Court.
[Amended 3-12-2002 by Ord. No. 2002-7; 3-12-2013 by Ord. No. 2013-02; 10-9-2018 by Ord. No. 2018-08]
A.
The subdivider shall prepare a preliminary plat of the proposed subdivision conforming to the requirements set forth in Article V. At least 30 days prior to a regularly scheduled meeting of the Planning Commission, the plat shall be filed with the Planning Commission. The type(s) of copies required to be filed, and numbers of each type, shall be determined by the Myersville Planning Review Checklist.
B.
The preliminary plat will be checked by Planning Office staff as to its conformity with the Town Comprehensive Plans, Chapter 165, Zoning, and other applicable provisions, and the principles, standards and requirements hereinafter set forth.
C.
At its regular meeting the Planning Commission shall approve or disapprove the preliminary plat, or may approve it subject to specific changes or modifications. Reasons for disapproval will be noted on the plat or by letter. No plat shall be approved that is in conflict with this chapter, Chapter 165, Zoning, or with any part of an officially adopted feature of the Myersville Comprehensive Plan.
D.
Preliminary plats, once approved, shall remain valid as long as at
least 10% of the lots shown on the approved preliminary plat receive
final plat approval and are recorded within three years from the approval
date of the preliminary plat. The approval shall continue to remain
valid if, in each year after the final plat approval and recording
of the first 10% of the lots, at least another 10% of the lots shown
on the preliminary plat receive final plat approval and are recorded.
If any of these conditions are not met, the preliminary plat approval
shall become void.
[Amended 3-12-2002 by Ord. No. 2002-7; 10-9-2018 by Ord. No.
2018-08]
Upon approval of the preliminary plat, the subdivider shall prepare and submit to the Planning Commission plans for the installation of improvements in accordance with the requirements of Article VI of this chapter. All such improvements shall be designed in compliance with and to the standards, plans, and specifications set forth in this chapter. The type(s) of copies required to be filed, and numbers of each type, shall be determined by the Myersville Planning Review Checklist. Plans for the installation of improvements need not be prepared at any time to cover more than the portion of the subdivision which is to be included in a final plat.
[Amended 3-12-2002 by Ord. No. 2002-7; 10-9-2018 by Ord. No.
2018-08]
A final plat may include all of the property covered by the preliminary plat, or may be limited to any portion thereof that is intended to be developed as a unit. Additional final plats may be submitted later, covering additional units of the property, provided the preliminary plat is still valid or its approval has been extended. Every final plat shall be substantially in accordance with the approved preliminary plat, including such changes or additions as may have been required by the Planning Commission as a condition to its approval, and it shall conform in every respect with the requirements specified in Article VII of this chapter. At least 30 days prior to a regularly scheduled meeting of the Planning Commission, the subdivider shall file with the Planning Commission a final plat. The type(s) of copies required to be filed, and numbers of each type, shall be determined by the Myersville Planning Review Checklist.
[Amended 10-9-2018 by Ord. No. 2018-08]
At the regular meeting, the Planning Commission shall then approve or disapprove said final plat and if approved shall endorse the fact of such approval on each of the several prints by the signature of its Chairman or Secretary, in the space to be provided therefor. No final plat shall be approved, unless it is found by the Planning Commission to conform with the preliminary plat as approved and to be in conformity with the requirements of this chapter and until § 130-16 of this article is complied with. Reasons for the disapproval of any plat shall be stated upon the records of the Planning Commission.
[Amended 3-12-2002 by Ord. No. 2002-7; 10-9-2018 by Ord. No.
2018-08]
If approved, the Planning Commission or Planning
Office staff shall then file the plat with the Clerk of Court for
Frederick County. An original plat shall be retained by the Planning
Office. Approved final plats must be recorded within 30 days of approval.
Approval of the final plat by the Planning Commission shall not be
deemed to constitute or affect an acceptance by the public of the
dedication of any street or proposed public way or space shown on
said plat.
Before seeking approval of the final plat, the
developer or the subdivider shall present to the Planning Commission
either:
A.
Certificates from all appropriate officials that improvements required by Article VI and as shown on approved improvement plans have been properly and completely installed; or
B.
A performance bond in an amount sufficient to cover
the estimated costs of such improvements and to insure their complete
and proper installation within a time period of 18 months of the date
of recording of the final plat; or
C.
Other guarantee acceptable to the Mayor and Council.
[Amended 10-9-2018 by Ord. No. 2018-08]
Upon completion, satisfactory to the Mayor and Council, of the public improvements required in Article VI, the elected officials shall accept by duly executed deed the land dedicated to public use and the improvements thereon.
