[Amended 12-8-2015 by Ord. No. 514]
The proposed final subdivision plan shall be based on the approved preliminary subdivision plan. Unless otherwise provided by a development rights and responsibilities agreement regarding the subdivision project with the Town pursuant to Article
IX of this chapter, the proposed final subdivision plan shall be submitted to the county for review within 18 months of preliminary plan approval, or the approval will automatically expire and the proposed subdivision must then be resubmitted for preliminary plan approval. The Commission, at its discretion, may grant a request for an extension of time to submit the final subdivision plan if the developer proves there are extenuating circumstances preventing a presentation within that eighteen-month period.
The final subdivision plan shall include all the information required in §
119-21 and a written description of all changes from the preliminary plan.
[Amended 12-8-2015 by Ord. No. 514]
Unless otherwise provided by a development rights and responsibilities agreement with the Town pursuant to Article
IX of this chapter, before a final plan approval may be given, the Commission shall receive written certification, as specified in the following provisions, to verify that the proposed subdivision meets all applicable state, county and Town codes. Certifications shall automatically expire 120 days from the date of completion whenever a time limit is not specified. The Commission shall deny or defer approval of the plan if any one or more of these conditions cannot be provided or received by the Town.
A. The proposed subdivision shall be posted conspicuously
by a notice no smaller in size than 22 by 28 inches at least 14 days
before the date of the first Commission meeting at which final approval
of the proposed subdivision is to be considered.
B. The proposed subdivision shall comply with all applicable
provisions of the Code of the Town of Hampstead zoning regulations
and all other applicable state and county codes and provisions.
C. The proposed subdivision shall be in conformance with
the Town of Hampstead and Environs Comprehensive Plan.
D. The proposed subdivision shall be in conformance with
the Carroll County Water and Sewer Master Plan.
E. The proposed subdivision shall not violate the provisions
of any enforceable deed restrictions or covenants attached to the
property.
F. The proposed plan shall be consistent with the preliminary
plan, except where the Commission approves changes to the preliminary
plan.
G. The Commission shall certify the adequacy of all public
schools which are to service the proposed subdivision, using the enrollment
figures and projections supplied by the Board of Education.
(1) An elementary school which has an enrollment of 100%
to 105% of capacity shall be deemed as "approaching inadequate." An
elementary school which has an enrollment of greater than 105% of
capacity shall be deemed as "inadequate."
(2) A secondary school which has an enrollment of 100%
to 110% of capacity shall be deemed as "approaching inadequate." A
secondary school which has an enrollment of greater than 110% of capacity
shall be deemed as "inadequate."
(3) When a school is deemed as "approaching inadequate,"
the Commission may decrease the number of lots and/or dwelling units
to be recorded per year. This provision may be applied when enrollment
projections indicate the school will become "inadequate" (as defined
above) during the development of the subdivision and there is no school
project forecasted in the most recently adopted Capital Improvements
Program of Carroll County that will eliminate the projected inadequacy.
(4) The Commission shall deny or defer final approval
of the proposed subdivision if any school that will service the proposed
subdivision is inadequate under this requirement, unless there is
a school project in the most recently adopted Capital Improvements
Program (CIP) of Carroll County that will eliminate the inadequacy,
funded for construction to begin within two years of final approval.
H. The Commission shall require that all wells which the developer is required to supply to the Town, that are to provide the Town with the additional water necessary for the proposed subdivision, are tested by a licensed state-certified firm hired by the Town to certify the adequacy of both the quantity and quality of the water as set forth in §
132-12 of the Code of the Town of Hampstead. A non-interest-bearing escrow account will be maintained by the Town and funded by the developer prior to the hiring of the firm, for the cost of the certification. If the findings of this certification show that the developer is unable to supply water for the proposed subdivision, which meets the requirements of §
132-12A, the Commission may grant approval of the final plan only if the Hampstead Town Manager, through an engineering study, certifies that the existing water system of the Town has the excess capacity to service the proposed subdivision. Under such a circumstance, the developer shall be required to pay the water replacement fee set forth in §
132-12B.
I. The Commission shall require that all streets, street
sections and intersections which are to service the proposed subdivision
be certified as to their adequacy by a licensed firm hired by the
Town. A non-interest-bearing escrow account will be maintained by
the Town and funded by the developer prior to the hiring of the firm,
for the cost of the certification. The Commission shall require that
the area designated in the previous approval process be recertified
for adequacy. The Commission shall also require county certification
whenever a county road is within the designated area. If any street,
street section or intersection is certified as inadequate by either
agent, the Commission must be reasonably assured that a solution will
be provided or received within three years of the date of final approval.
The firm preparing the certification shall use the methodology in
the Highway Capacity Manual (current edition) for the rating of all
streets and street sections. The firm shall use the methodology of
Critical Lane Analysis in the rating of all intersections. Ratings
of A, B, C or D will be deemed adequate, while an E or F rating will
be deemed inadequate.
J. The proposed subdivision shall be certified by the
County Fire Protection Engineer as to the local Fire Department's
ability to adequately access and provide the proposed subdivision
with fire protection and emergency services.
K. The proposed subdivision shall be certified by the
Chief of the Town Police Department as to the Police Department's
ability to provide adequate police protection. This certification
shall address the ratio of officers per citizen. A ratio of one officer
to every 1,000 citizens will be deemed adequate.
L. The proposed subdivision shall be certified by Hampstead's
Town Manager as to the Town's ability to provide the proposed subdivision
with solid waste removal under the current contract.
M. The Commission shall have a written agreement, approved
by the Council, signed by CSXT and the developer for any railroad
crossing which is to be built, before final approval may be given.
N. The proposed subdivision shall be certified by the
county as to the county's ability to provide the sewerage capacity
necessary for the proposed subdivision. The certification must indicate
whether the county has the proper permit(s) and capacity to accommodate
the additional sewerage of the proposed subdivision.
O. The proposed subdivision shall be reviewed by the
county as to its conformance with all applicable state, county and
Town codes, with written reviews from all applicable county departments.
The proposed subdivision shall be certified by the county as to the
proposed subdivision's conformance with all county adequate facilities
ordinances.
P. The approved subdivision shall have an executed public
works agreement (PWA) and have grading permits issued within one year
of the date of final approval, or the approval will automatically
expire and the subdivision must then be resubmitted for final approval.
The subdivision will be subject to the regulations in force at the
time of resubmission.
Q. The Commission shall require that public comments
be heard prior to a Commission vote on a proposed subdivision and
that all persons present at the meeting be allowed to address the
Commission.
Whenever any one or a combination of the requirements of §
119-26 are not met or any such facility or facilities are deemed inadequate by the state, county, Town or their hired agent, the Commission shall deny or defer the approval of the final subdivision plan until such a time as those inadequacies are provided for or assured. The Commission may, in its discretion, recommend to the Hampstead Town Council that an exception for approval be made. If a recommendation for an exception is made by the Commission, the approval or disapproval of the proposed plan will be deferred until the Council makes a determination. The Council shall hold a hearing promptly after the recommendation and render a decision at the first Council meeting following the hearing. The Council may either grant the exception recommended by the Commission; grant the recommended exception subject to certain conditions, which it may impose; or deny the exception. If the Council denies the exception, the Commission shall disapprove the plan. If the Council grants the exception subject to conditions, the Commission has the discretion to approve the plan with the conditions as set by the Council or disapprove the plan. If the Council grants the exception with no conditions, the Commission shall approve the plan.
The title and graphic information to be shown
on the final subdivision plat shall be as required on the final subdivision
plan, except contour lines.
Space shall be provided on the final plat for
the following signatures and dates:
A. Certificate of land surveyor.
B. Approval of the County Health Officer or representative
of the Maryland Department of the Environment.
C. Approval of the Town of Hampstead Planning and Zoning
Commission.
D. Approval of the Mayor of Hampstead.
E. Approval of the Town Manager/Zoning Administrator.
The final subdivision plat shall be legibly
and accurately prepared or printed on sheets 18 by 24 inches (to include
a two-inch left margin on the long side) and to a scale of one inch
equals 50 feet or one inch equals 100 feet, dependent upon the size
of the subdivision. The developer shall file with the Commission seven
black- or blue-line prints of the final plat, two of which shall be
on Mylar. One copy shall be returned, properly signed, to the developer.
The following owner's statement shall be provided:
"The streets, roads, open spaces, and public sites shown hereon, and
the mention thereof in deeds, are for the purpose of description only
and the same are not intended to be dedicated to public use; the fee
simple title to the land so shown is expressly reserved in the present
owners shown on this plat, their successors, heirs and assigns. No
more than one principal building shall be permitted on any residential
lot, and no such lot may ever be resubdivided so as to produce a building
site of less area or width than the minimum required by applicable
health, zoning or other regulation."
[Amended 12-8-2015 by Ord. No. 514]
In any approved and properly recorded subdivision, there shall
be no limitation on the issuance of use and occupancy permits unless
specifically recommended by the Commission and approved by the Town
Council or otherwise provided for in a development rights and responsibilities
agreement.