The procedures hereinafter specified provide not only for the conditional approval of a preliminary plat and approval of a final plat but also for a preapplication tentative sketch plan. The tentative sketch plan procedure is optional to the applicant and is not a prerequisite to the approval of the final plat, except when such subdivisions occur in the critical area. However, this optional procedure is strongly recommended because it provides the applicant with an opportunity to resolve problems early in the proceedings and to make necessary modifications and revisions prior to incurring the expense of preparing a preliminary and final plat.
A. 
Purpose.
(1) 
The purpose of the tentative sketch plan is to afford the applicant the opportunity to consult early and informally with the Code Enforcement Officer and Planning and Zoning Commission before preparation of the preliminary plat and formal application for approval.
(2) 
During the tentative sketch plan procedure, the applicant can advantageously make use of the services of the administrative personnel of the Town as well as the Planning and Zoning Commission to help him or her analyze the problem of the development and plan more adequately for its sound coordination with the community.
(3) 
This procedure affords Town administrative personnel and the Planning and Zoning Commission the opportunity to give informal guidance to the applicant at a stage when potential points of difference can be more easily resolved. It can also simplify official actions and save unnecessary expense and delay.
(4) 
The review by the Planning and Zoning Commission of the tentative sketch plan does not infer any special status on the tentative sketch plan, nor does it guarantee subsequent approvals (i.e., preliminary or final plat approvals), but it is only to allow the applicant to determine the feasibility of his or her project prior to incurring extensive costs for surveys and engineering and to determine the maximum density allowable on the parcel.
B. 
Procedure.
(1) 
The applicant prepares the sketch plan.
(2) 
The applicant submits nine copies of the sketch plan and application to the Code Enforcement Officer.
(3) 
The Code Enforcement Officer reviews the submission for completeness and compliance with requirements of Article VIII of this chapter and:
(a) 
If the submission is incomplete, immediately returns the submission to the applicant and indicates deficiencies; or
(b) 
If the submission is complete, accepts the sketch plan and application.
(4) 
The Code Enforcement Officer shall immediately distribute copies of the sketch plan and application as follows:
(a) 
Town Commission: one copy.
(b) 
Planning and Zoning Commission: five copies.
(c) 
Code Enforcement Officer: one copy.
(d) 
All other reviewing agencies: two copies.
(5) 
At the first regular meeting no earlier than 15 days following receipt of the complete submission by the Code Enforcement Officer, the Planning and Zoning Commission:
(a) 
Receives and reviews the applicant's submission;
(b) 
Receives and reviews reports by the Code Enforcement Officer;
(c) 
Hears the applicant's presentation; and
(d) 
Discusses the submission with the applicant.
(6) 
The Planning and Zoning Commission, either the same evening or no later than one month following the receipt of the applicant's submission by the Commission, shall:
(a) 
Evaluate the applicant's submission and presentation, the discussion with the applicant and the Code Enforcement Officer's report;
(b) 
Determine whether the sketch plan meets the objectives and requirements of the Land Subdivision Regulations and other regulations and ordinances; and
(c) 
Inform the applicant, in writing, of the decision, including required changes in the sketch plan and the reasons for the decision.
A. 
Purpose. The purpose of the preliminary plat is to require formal conditional approval in order to minimize changes and revisions before a final plat is submitted.
B. 
General. A preliminary plat and all information and procedures relating thereto shall in all respects be in compliance with the provisions of these regulations, except where variation therefrom may be specifically authorized in writing by the Planning and Zoning Commission.
C. 
Procedure.
(1) 
The applicant prepares the preliminary plat and application.
(2) 
The applicant submits nine copies of the preliminary plat and application to the Code Enforcement Officer.
(3) 
The Code Enforcement Officer checks the submission against checklists for completeness and:
(a) 
If the submission is incomplete, immediately returns the submission to the applicant and indicates deficiencies; or
(b) 
If the submission is complete, accepts the preliminary plat, application and fees.
(4) 
The Code Enforcement Officer shall immediately distribute copies of the preliminary plat and application as follows:
(a) 
Town Commission: one copy.
(b) 
Planning and Zoning Commission: five copies.
(c) 
Code Enforcement Officer: one copy.
(d) 
All other reviewing agencies: two copies.
(5) 
At the first regular meeting no later than 15 days following receipt of the reviewing agencies' advisory opinions, the Planning and Zoning Commission will review the preliminary plat and evaluate the applicant's submission, presentation and reviewing agencies' reports with regard to substantial conformance with:
(a) 
The Town Comprehensive Plan and the Town Critical Area Protection Program and Maryland Forest Conservation Act, as applicable;[1]
[1]
Editor's Note: See Chapter 61, Chesapeake Bay Critical Area Program, of this Code and § 5-1601 et seq. of the Natural Resources Article of the Annotated Code of Maryland.
(b) 
The requirements of Chapter 163, Zoning, Chapter 79, Floodplain Management, and these Subdivision Regulations, including the intent and purpose of the chapters; and
(c) 
The recommendations of reviewing agencies and other federal and state agencies.
(6) 
Incomplete plats or those lacking the required information shall be returned to the applicant for completion and subsequent resubmission.
(7) 
The Planning and Zoning Commission, either the same evening or no later than 30 days following that meeting, shall:
(a) 
Evaluate the applicant's submission and presentation, the discussion with the applicant and the reviewing agencies' reports;
(b) 
Determine whether the preliminary plat meets the objectives and requirements of the Land Subdivision Regulations and other regulations and ordinances; and
(c) 
Inform the applicant, in writing, of the decision, including required changes in the preliminary plat and the reasons for the decision.
(8) 
Approval of the preliminary plat shall constitute conditional approval of the subdivision as to character and density but shall not constitute approval of the final plat or authorize it to be recorded with the Clerk of the Court of Somerset County or authorize the sale of lots or the construction of any building.
(9) 
Approval of the preliminary plat shall be valid for a period of one year. However, such approval may be extended for up to one additional year subject to a request by the applicant and a favorable finding by the Commission. Only one extension per applicant shall be allowed.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Minor subdivision plat review procedures shall be the same as final submission procedures.
A. 
Purpose. The purpose of the final submission is to require formal approval by the Planning and Zoning Commission before plats for all subdivisions are recorded as required by § 138-7 of these regulations. The purpose of the revised preliminary plat is to both demonstrate compliance with the conditions of preliminary approval as set forth in § 138-13B and to provide sufficient detailed information to obtain Town permits for construction.
B. 
General. The final submission shall consist of a final plat and revised preliminary plats, all of which shall conform to the appropriate requirements in Article VIII of this chapter. Preliminary and final plat procedures may be executed simultaneously in the case of minor subdivision plats.
C. 
Procedure.
(1) 
The applicant prepares the final submission and application.
(2) 
Unless the applicant has applied for and has received an extension of up to one year from the Planning and Zoning Commission, the applicant shall submit, within one year from the date of receiving conditional approval of the preliminary plat, to the Code Enforcement Officer the following: nine copies of the final plat and application.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
The Code Enforcement Officer checks the submission against checklists for completeness and:
(a) 
If the submission is incomplete, immediately returns the submission to the applicant and indicates deficiencies; or
(b) 
If the submission is complete, accepts the same and the application.
(4) 
The Code Enforcement Officer shall immediately distribute copies of the final submission as follows:
(a) 
Town Commission: one copy.
(b) 
Planning and Zoning Commission: five copies.
(c) 
Code Enforcement Officer: one copy.
(d) 
All other reviewing agencies: two copies.
(5) 
At the first regular meeting no later than 15 days following receipt of the complete submission by the Code Enforcement Officer, the Planning and Zoning Commission:
(a) 
Receives and reviews the applicant's submission;
(b) 
Hears the applicant's presentation, if applicable; and
(c) 
Discusses the submission with the applicant.
(6) 
The Planning and Zoning Commission, either the same evening or no later than 30 days following that meeting, shall:
(a) 
Evaluate the applicant's submission and presentation and the discussion with the applicant;
(b) 
Determine whether the final submission meets the objectives and requirements of the Land Subdivision Regulations and other regulations and ordinances; and
(c) 
Inform the applicant, in writing, of the decision, including required changes and the reasons for the decision.
(7) 
If approved:
(a) 
The Planning and Zoning Commission shall approve the final submission;
(b) 
Approval shall not be final until production of the completion guaranty as set forth in Article VII; and
(c) 
Three exact mylar copies and six blueprint copies of the approved final plat, with required signatures as specified in Article VIII, shall be submitted to the Planning and Zoning Commission.
(8) 
The Planning and Zoning Commission shall then file two mylars for record with the Clerk of the Court, Somerset County, and shall distribute other prints to official agencies as may be required.
D. 
Effect of recording.
(1) 
Streets, parks and other public improvements shown on a subdivision plat to be recorded may be offered for dedication to the Town by formal notation thereof on the plat, or the owner may note on the plat that such improvements have not been offered for dedication to the town.
(2) 
Recording of the final plat by the Planning and Zoning Commission shall not be deemed to constitute or effect an acceptance by the public of the dedication of any street or other proposed public park or improvement shown on said plat, but improvements so noted for dedication may be accepted by the public through any subsequent appropriate act.
A. 
Preliminary inspection.
(1) 
The applicant shall notify the Code Enforcement Officer on the completion of the required improvements.
(2) 
The Town Commissioners shall designate an engineer to:
(a) 
Inspect the completed required improvements; and
(b) 
Submit, in writing, a report to the Code Enforcement Officer specifying those types of construction, material and workmanship which do not comply with the town's specifications or the approved final plat.
(3) 
The applicant, upon notification from the town's designated engineer, shall:
(a) 
Proceed, at his or her own cost, to make such corrections as shall be required to comply with the town's specifications and approved final plats; and
(b) 
Notify the town's designated engineer and/or the Code Enforcement Officer upon completion, requesting final inspection.
B. 
Final inspection. The town's designated engineer shall make a final inspection with the applicant of all required improvements.
C. 
Acceptance. If improvements are to be accepted by the town, the Town Manager shall notify the applicant of acceptance of the required improvements within 30 days of the applicant's request for acceptance, if satisfied that the applicant has complied with all specifications and ordinances of the town.