A.
No building, structure or land, or any part thereof,
shall hereafter be used, created or enlarged until a zoning permit
has been issued by the Town Administrator or Town Planner. The issuance
of a zoning permit does not waive provisions of other laws, ordinances
or requirements.
B.
Certificate for other permits. If the proposed building,
structure or use of land is in conformity with the provisions of this
chapter or complies with decisions of the Board of Appeals or conditions
of the Planning Commission, and the Town Commissioners, a zoning permit
shall be issued by the Town Administrator or Town Planner. The issuance
of a zoning permit shall serve as an authorization to secure other
required or requested permits from various agencies.
[Amended 5-20-2008 by Ord. No. 135; 5-9-2011 by Ord. No. 149]
Any zoning permit, building permit, concept
approval, preliminary approval or final approval shall become invalid
if the authorized use, approval or construction for which the permit
or approval was issued is not commenced within 12 months of the date
of issuance for residential and two years for commercial. There must
also be evidence of ongoing construction activity for the permit to
remain valid. The Town Administrator or Town Planner may, upon good
cause shown, extend a building permit for an additional period not
exceeding 12 months. Extensions for any plans approved by the Planning
Commission can only be granted by the Planning Commission. In granting
an extension, the Commission may not impose additional requirements.
After expiration, the project must go back through the approval process
to obtain reapproval. If a project is developed in phases, each phase
must be approved separately, and each phase’s approval will
be valid for 12 months from the date of issuance for residential and
two years for commercial.
A.
An occupancy permit shall be required prior to any
of the following:
(1)
Occupancy and use of a building hereafter erected
or structurally altered.
(2)
Change in use of an existing building to a use of
a different zone classification.
(3)
Occupancy or change in use of unimproved land.
(4)
Any permitted change in a nonconforming use.
(5)
Any change in ownership or tenancy of a commercial
or industrial use.
B.
Filing.
(1)
Written application for an occupancy permit shall
be made at any time after all inspections have been completed. Said
permit shall be issued within 10 days after a written request for
the same has been made to the Planning and Zoning Commission and after
the erection or alteration of such building or part thereof has been
completed in conformity with the provisions of this chapter and any
other law or ordinance.
(2)
Written application for an occupancy permit for the
use of vacant land or a change in the use of land or of a building
resulting in a change in a nonconforming use, as herein provided,
shall be made to the Planning and Zoning Commission; if the proposed
use is in conformity with the provisions of this chapter, the certificate
of occupancy therefor shall be issued within 10 days after the application
for the same has been made.
(3)
Each application for an occupancy permit shall be
submitted on forms provided therefor, obtainable from the Commission.
(4)
The fee for such occupancy permits shall be determined
by the Town Commissioners.
C.
The Planning and Zoning Commission shall issue an
occupancy permit upon a finding that:
A.
No building shall be erected, constructed, altered,
moved, converted, extended or enlarged without the owner's or owners'
first having obtained a building permit from the Commission. Such
permit shall require conformity with the provisions of this chapter.
[Amended 5-20-2008 by Ord. No. 135]
B.
No building permit lawfully issued prior to the effective
date of this chapter or of any amendment hereto, which permit, by
its own terms and provisions, is in full force and effect at said
date, shall be invalidated by the passage of this chapter or any such
amendment but shall remain a valid and subsisting permit subject only
to its own terms and provisions and ordinances, rules and regulations
appertaining thereto and in effect at the time of the issuance of
said permit, provided that all such permits shall expire not later
than 60 days from the effective date of this chapter, unless actual
construction shall have theretofore begun and continued pursuant to
the terms of said permit.
All applications for building permits shall
be accompanied by a drawing or plat, in duplicate, or as required
by the Commission, showing, with dimensions, the lot lines, the building
or buildings, the location of buildings on the lot and such other
information as may be necessary to provide for the enforcement of
these regulations, including, if necessary, a boundary survey and
a staking of the lot by a competent surveyor and complete construction
plans. The drawings shall contain suitable notations indicating the
proposed use of all land and buildings. A careful record of the original
copy of such applications and plats shall be kept in the offices of
the Planning and Zoning Commission, and a duplicate copy shall be
kept at the building at all times during construction.
The purpose of these site development standards
is to assure detailed compliance with the applicable requirements
of this chapter and/or subdivision regulations,[1] and to prescribe the standards for the preparation and
submission of site plan drawings and for the design and construction
of required improvements.
A site plan is required and shall be submitted
for any development or land use involving:
A.
A planned unit development (excluding single-family
dwellings).
B.
Any residential development, excluding single-family
detached dwellings and one individual duplex unit.
C.
Commercial and industrial structures or changes of
uses therein.
D.
Churches, temples, synagogues and similar institutions.
E.
Special exception uses.
F.
Public buildings or land, such as, but not limited
to, schools, government offices and ancillary uses, recreational uses.
Every site plan that is submitted in accordance
with this article shall contain the following information:
A.
Location of tract by an insert map such that the reviewer
can easily identify location of the site and such information as the
names and numbers of adjoining roads, streams and bodies of water,
railroads, subdivisions, election districts or other landmarks sufficient
to clearly identify the location of the property.
B.
A boundary survey of the tract.
C.
Certificate setting forth the source of title of the
owner of the tract and the place of record or the last instrument
in the chain of title, if such certificate has not been provided with
a development plan or concept development plan.
D.
Location, dimensions, height and setbacks of all existing
and proposed buildings.
E.
All existing and proposed streets and easements, their
names, numbers and width; existing and proposed utilities; watercourses
and their names; owners, zoning and present use of adjoining tracts
if not previously submitted with a development plan; Tax Map/parcel
number; current and proposed zoning; parking required/provided; structure
use; plan preparer; percent landscaped, etc. should be provided in
tabular form.
F.
Location, type and complete dimensions of vehicular
entrances to the site and same for sidewalks and parkways and provisions
for handicapped movement, including any off-site improvements such
as traffic control devices and acceleration and deceleration lanes.
G.
Location, type, size and height of fencing, retaining
walls, trash containers and screen planting where required under the
provisions of this chapter.
H.
All off-street parking, loading spaces and walkways, indicating type of surfacing, size, angle of stalls, width of aisles and a specific schedule showing the number of parking spaces provided and the number required in accordance with Article XI of this chapter, including connection with adjacent developments and dimensions of landscaped areas, and type of curbing.
I.
All locations and sizes of proposed water and sewer
installations or proposed additions to existing water and sewer installations,
as well as any design features which are unusual or which deviate
from normal design practices. The proximity to the nearest hydrant
and its area of coverage shall also be shown.
J.
Provisions for the adequate disposition of natural and storm drainage in accordance with the duly adopted design criteria and standards of the Town as delineated in Article XV of this chapter indicating location, sizes, types and grades of ditches, catch basins and pipes and connections to existing drainage system. Copies of all pertinent calculations and assumptions relative to the storm drainage design (to include the delineation and consideration of the off-site contributing watershed and affected areas) and provisions for sediment control and/or stormwater management which are to be incorporated in all phases of construction shall accompany the site plan submissions for review.
K.
Description of all watercourses, impoundments and
wetlands on or adjacent to the site or into which stormwater flows.
L.
Delineation of one-hundred-year floodplains, if applicable.
M.
Structure classification (SCS Pond Standard 378).
N.
Computations of hydrology; hydraulic and structural.
O.
Where deemed necessary by the approving authority,
the developer shall submit to the approving authority an analysis
of the impacts of stormwater flows downstream in the watershed. The
analysis shall include hydrologic and hydraulic calculations necessary
to determine the impacts of hydrographic timing modifications of the
proposed development upon a dam, highway, structure or natural point
of restricted stream flow, established with the concurrence of the
approving authority, downstream of a tributary of the following size:
P.
Existing topography with a maximum of two-foot contour
intervals; where existing ground is on a slope of less than 2%, either
one-foot contours or spot elevations, where necessary, but not more
than 50 feet apart in all directions. A drainage area map shall be
to a usable scale.
Q.
Proposed finished grading by contours supplemented
where necessary by spot elevations.
R.
All horizontal dimensions shown on the site plan shall
be in feet and decimals of a foot to be closest to 1/100 of a foot;
and all bearings in degrees, minutes and seconds to the nearest 10
seconds (closure to be within acceptable survey tolerances, minimum
1:10,000).
S.
Plan for signage.
T.
Other information required by the Planning Commission.
A.
A concept development plan may be submitted to the
Planning Commission for approval prior to submission of a site plan
or shall accompany a site plan or subdivision where application for
plan approval is made for 75% or less of the land area of the parcel
within which the development will occur.
B.
The concept development plan shall contain the following
information:
(1)
Accurate sketch of the property to scale.
(2)
Record owner of property.
(3)
Vicinity sketch.
(4)
Identification of adjacent property owners.
(5)
Topographic information in sufficient detail to determine
drainage patterns and sedimentation or grading permit problems.
(6)
Proposed access to public rights-of-way.
(7)
Generalized identification of existing features on
the site, including vegetation, drainage patterns, structures and
other site improvements.
(8)
Proposed siting of water and sewage facilities for
the entire parcel.
(9)
Proposed siting of structures and their uses.
(10)
Proposed siting of parking facilities.
(11)
Proposed siting of vehicular and pedestrian
circulation facilities.
A.
Plans to be prepared by authorized persons. Any site
plan or any portion thereof, including "as-built" site plans involving
the practice of engineering, architecture or land surveying, shall
be prepared and certified respectively by an engineer, architect,
landscape architect or land surveyor duly authorized by the State
of Maryland to practice as such. A site plan may be prepared in one
or more sheets to show clearly the information required by this section
and to facilitate the review and approval of the plan. If prepared
in more than one sheet, match lines shall clearly indicate where the
several sheets join. Every site plan shall show the name and address
of the owner or developer, election district, North point, date and
scale of drawing, number of sheets, existing zoning, Town Zoning Case
Number and the Tax Map and parcel number. The date of originals and
index of all previous revisions shall be provided with each revision.
In addition, it shall reserve adequate space for the use of the approving
authority.
B.
Scale and sheet size. Site plans shall be prepared
to a scale sufficient to show all required details; the sheet shall
not exceed the dimensions of 36 inches by 48 inches.
C.
Number of copies, submission deadlines and fees. Clearly
legible, blueline or blackline copies of a site plan shall be submitted
to the Planning Director, together with the payment of any site plan
fees for processing and approval. Fees for filing site plans shall
be those as adopted by the Town Council. Copies shall be submitted
in sufficient number to satisfy agency review requirements as determined
by the Planning Director or designee. The number of copies and deadlines
for submission shall be determined by the Planning Director and shall
be listed as an appendix to this chapter.[1] This appendix may be changed as needed by the Planning
Director without having to amend this chapter.
[1]
Editor's Note: This appendix is on file in
the Town offices.
A.
Approval of a site plan submitted under the provisions
of this article shall expire one year after the date of such approval
unless building permits have been obtained for construction in accordance
therewith.
B.
A single one-year extension may be given by the Planning
Director upon written request by the applicant to be made at least
30 days before the expiration of the approved site plan. The Planning
Director shall act on the request within 15 days of receipt of the
request.
C.
An appeal of a Planning Commission decision regarding
site plans is to the Circuit Court of St. Mary's County. An appeal
must be made within 30 days of the Planning Commission decision.
Any currently valid site plan may be revised
in the same manner as originally approved. Any requirement of this
chapter may be waived by the Planning Commission in specific cases
where such requirement is found to be unreasonable or unnecessary
to evaluate the revision. No such waiver shall be adverse to the purpose
of this section.
No permit shall be issued for any structure
or improvement in any area covered by the site plan that is required
under the provisions of this article except as it is in conformity
with such site plan which has been duly approved.
A.
Unless specifically provided in this section, the
construction standards for all off-site improvements and on-site improvements
required by this article shall conform to the county design and construction
standards. Appropriate authorities shall approve the plans and specifications
for all required improvements and shall inspect the construction of
such improvements to assure conformity thereto.
B.
Inspection during the installation of the off-site
improvements shall be made by the department responsible for such
improvements as required to certify compliance with the approved site
plan and applicable standards.
C.
The owner shall notify the Town in writing three days
prior to the beginning of all street, storm sewer or water and sewer
facilities work shown to be constructed on the site plan.
D.
Upon satisfactory completion of the required improvements
and after having received verification by the appropriate approving
authorities, the Planning Director or the Town Administrator shall
have the authority on behalf of the Town Council to release any bond
or other form of surety which may have been furnished for the guarantee
of satisfactory installation of such improvements or parts thereof.
This release may provide for 10% of the total bond to be retained
for a period of 12 months after completion of all work. Said retainer
shall be for the protection of the Town to cover failures, discrepancies,
etc., in the previously approved improvements.
E.
The installation of improvements as required in this
article shall in no case serve to bind the Town to accept such improvement
for the maintenance, repair or operation thereof.
Upon satisfactory completion of required improvements
as shown on the approved site plan or a section thereof, the developer
shall submit to the Planning Director the number of copies as required
of the "as built" site plan, certified by the licensed professional
as defined by COMAR for occupancy of any building, for the review
and approval for conformity with the approved site plan by the Town
as designated in this section. The Planning Director shall not process
the occupancy permit until the appropriate "as built" site plan has
been reviewed and approved by the appropriate agencies. If built as
approved, said approved plan may be certified by the licensed professional
as the "as-built."
A.
Planning Director. The Planning Director or designee
shall be responsible for checking the site plan for general completeness
and compliance with such administrative requirements as may be established
prior to routing copies thereof to reviewing departments, agencies
and officials. The Planning Director shall see that all reviews are
completed in a timely manner and that site plans are submitted to
the Planning Commission within a reasonable period, except under abnormal
circumstances, from the receipt thereof in the planning office.
B.
All site plans shall be submitted for consideration
by the Planning Commission after having been reviewed for completeness
by the Planning Director and appropriate state or county departments,
relative to the following requirements:
(1)
The location and design of the vehicular entrances
and exits for streets giving access to the site and pedestrian traffic.
(2)
The concurrence of the State Department of Transportation
or County Department of Public Works with the location and design
of the vehicular entrances and exits to and from state- or county-maintained
streets and highways.
(3)
Location and adequacy of automobile parking areas.
(4)
Adequate provision for traffic circulation and control
within the site and for access to adjoining property.
(5)
Compliance with requirements of this chapter for setbacks
and screening.
(6)
Adequacy of drainage, water supply, fire protection
and sanitary sewer facilities.
(7)
Compliance with applicable established design criteria,
construction standards and specifications for all improvements as
may be required by the Town Council and Town ordinances.
(8)
Check for inclusion of erosion and sediment control
measures.
(9)
Compliance with this chapter.
(10)
Availability and adequacy of other public services.
(11)
Reforestation plan.
In furtherance of the purposes of this chapter
and to assure public safety and general welfare, the Town shall require
the improvements as shown in the following standards section:
A.
General site plan standards.
(1)
Designation of pedestrian walkways so that patrons
may walk on same from store to store or building to building within
the site and to adjacent sites.
(2)
Construction of vehicular travel lanes or driveways
to the appropriate standard in the Leonardtown Road Ordinance[1] which will permit vehicular travel on the site and to
and from adjacent parking areas and adjacent property, provided that
on any site bordering a state primary highway or adjacent to an existing
service road in the arterial highway system, the developer of any
site, in lieu of providing travel lanes or driveways in order to provide
vehicular travel to and from adjacent parking areas and adjacent property,
may dedicate, where necessary, and construct a service road under
the appropriate Town, county or state specifications for such.
(3)
Connection, wherever possible, of all sidewalks, walkways,
travel lanes and driveways with similar facilities in adjacent developments.
[Amended 5-9-2011 by Ord. No. 149]
(4)
Screening, fences, landscaping, walls, curbs and gutters
as are required by the provisions of this chapter and other ordinances
of the Town.
(5)
Easements or rights-of-way for all facilities to be
publicly maintained. Such easement shall be clearly defined for the
purpose intended.
(6)
Adequate traffic control devices along such vehicular
travel lanes or driveways to prohibit parking on such.
(7)
Adequate drainage system for the disposition of storm
and natural waters to include, when required, stormwater management
devices.
(8)
Temporary and permanent erosion and sediment controls
measures.
B.
Where not otherwise specified in this chapter, open
space and recreation area designations and reservations may be required
by the Planning Commission, upon recommendation by the staff to preserve
natural areas, stream belts, historic sites, wetlands and other areas
of critical concern to the Town, county and/or state. Such designations
and reservations of open space and recreation area may be prescribed
by easements, acquisitions, dedications or other appropriate means.
Floodplains, flood hazard areas and areas within the regulatory flood
zones may be included in such reservations and designations. The Planning
Commission shall require in all cases that the applicant shall submit
for appropriate approval specific arrangements for the perpetual management
and responsibility of the designated open space and recreation area.
C.
Solid waste disposal stations shall be provided in
such numbers and at such locations so as to provide for the convenient
storage and collection of garbage and trash.
D.
Agricultural uses shall be exempted from those standards
set forth in this section of this chapter.
A.
The proposed development project shall be designed
to minimize left turn movements or conflicts on the site and in the
street. Driveways should be designed to achieve clear sight lines
in accordance with the Leonardtown Road Ordinance standards.[1]
B.
Site access and circulation should conform to the
following standards:
(1)
Where reasonable access is available, the vehicular
access to the site should be arranged to avoid traffic use of local
residential streets situated in or bordered by residential districts.
(2)
Where a site or lot has frontage on two or more roads,
the access to the site should be provided to the site from the lower
classified road, unless there is less potential for traffic congestion
and for hazards to traffic and pedestrian movement from the higher
classified road.
(3)
The road giving access to the site should have traffic-carrying
capacity and be suitably improved to accommodate the amount and type
of traffic generated by the proposed development.
(4)
Where necessary to safeguard against hazards to traffic
and pedestrians and/or to avoid traffic congestion, the Planning Commission
may require that provisions shall be made for turning lanes, traffic
directional islands, frontage roads, driveways and traffic controls
when necessary within the road or on existing access roads. The Planning
Commission may prohibit such traffic control devices it determines
to be unnecessary or inappropriate, whether on the site or off-site.
(5)
Access driveways should be designed with sufficient
capacity to avoid queuing of entering vehicles on any road or street.
(6)
Driveways into sites should have proper grades and
alignments, as well as transition grades and sight distances, for
safe, convenient and efficient access and should meet the road right-of-way
and travelways of the road in such a manner as to conform to the standard
cross section for the road or street as specified by the County Road
Ordinance.[2]
(7)
Where topographic and other conditions are reasonably
usable, provision should be made for circulation driveway connections
to adjoining lots of similar existing or potential use when such driveway
connection will facilitate fire protection services or when such driveway
will enable the public to travel between two existing or potential
uses, open to the public generally, without need to travel upon a
road.
(8)
There should be no more than one driveway connection
from any site or lot to any street, except where separate entrances
and exit driveways may be necessary to safeguard against hazards and
to avoid congestion. Additional driveways should also be considered
for large tracts and uses of extensive scope, if traffic flow on adjacent
roads will be facilitated by the additional connections.
(9)
Where necessary to provide for suitable access or
for extension or construction of planned highway system improvements,
provisions should be made for appropriate continuation of such streets
and roads terminating on a site.
A.
The Planning Commission shall be the approving authority
for all site plans. Such approval shall be based on recommendation
of the Planning Director, and other appropriate agencies, and provisions
contained in this chapter.
B.
Where the requirements of this article are found to
be unreasonable in specific cases, the Planning Commission may state
specific findings and waive the requirement in favor of an alternative
standard which is found to be consistent with this article. No such
waiver shall be adverse to the purpose of this section.
The Town Commissioners shall establish by resolution
a schedule of fees, charges and expenses and a collection procedure
for occupancy permits, building permits and other matters pertaining
to this chapter. The schedule of fees shall be posted in the office
of the Planning and Zoning Commission and may be altered or amended
only by the Town Commissioners after referral to the Commission.
