[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.
A. 
The final subdivision plan shall include a subdivision plat or plats intended for recordation incorporating those changes or additions lawfully ordered by the Commission in its approval of the final subdivision plan. The final subdivision plat or plats may include all or any portion of the area covered by the final subdivision plan.
B. 
When the final record plat or plats are submitted for approval, the subdivider shall file with the Commission a title report, certificate of title or comparable evidence showing the names and addresses of the holders of all legal and equitable interests in and to said land.
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."
A. 
Upon approval, the Commission shall establish an expiration date of the final subdivision plan. The final subdivision plan shall expire on the specified date unless all lots are recorded or unless an extension of the expiration date is recommended by the Commission and approved the Council.
B. 
An approved final subdivision plan does not confer, guarantee or assure a right to record a plat or plats. The Commission shall have the power to limit recordation of lots in such a manner as to ensure the orderly construction of any subdivision and its improvements.
[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.