[Amended 10-20-1988 by Ord. No. O-88-11]
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. 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.
[Amended 10-20-1988 by Ord. No. O-88-11]
The Planning and Zoning Commission shall have the following
powers and duties:
A.
To review, evaluate, and approve or disapprove plans for subdivisions
in accordance with these Subdivision Regulations;
B.
To review and make recommendations to the Town Council regarding:
(1)
Proposed amendments to the Town Critical Area Protection Program
and Critical Area District Map.
(2)
Proposed changes or amendments to the Town Comprehensive Plan.
(4)
Proposed changes or amendments to the Town Subdivision Regulations.
(5)
Proposed changes or amendments to the Town Road Ordinance.
(6)
Proposed changes or amendments to the Town Water and Sewer Policy
Manual.
(7)
Proposed changes or amendments to the Town Stormwater Management
Ordinance.
(8)
Proposed changes or amendments to the Town Soil Erosion Control Ordinance.
(9)
Proposed acquisition and development of lands for open space or recreational
purposes.
(10)
Proposed designation of historic sites or districts.
(11)
Proposed changes in land use management classifications or development
arising from state or federal programs or policies.
A.
Purpose.
(1)
The purpose of the tentative sketch plan is to afford the applicant
the opportunity to consult early and informally with the Town Engineer,
Public Works Administrator, 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 analyze
the problem of the development and plan more adequately for its sound
coordination with the community. This procedure also 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.
(3)
The review by the Planning 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 is only to allow the applicant to determine the
feasibility of his project prior to incurring extensive costs for
surveys and engineering and to determine the maximum density allowable
on the parcel.
[Amended 10-20-1988 by Ord. No. O-88-11]
B.
Procedure.
(1)
The applicant prepares sketch plan.
(2)
The applicant submits 25 copies of the sketch plan and application
to the Public Works Administrator.
(4)
The Administrator shall immediately distribute copies of the sketch
plan and application to:
(5)
At the first regular meeting held 15 days following receipt of the
complete submission by the Administrator, the Planning and Zoning
Commission:
(6)
The Planning and Zoning Commission, either the same evening or at
least within one month following the receipt of the applicant's submission
by the Commission, shall:
(a)
Evaluate the applicant's submission, presentation, discussion
with applicant, and Town Engineer'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.
[Amended 2-28-1986 by Ord. No. O-86-29]
C.
Procedure.
(1)
The applicant prepares a preliminary plat and application;
(2)
The applicant submits 25 copies of the preliminary plat with topography
and application to the Public Works Administrator;
(5)
At its first regular meeting following receipt of the county and
state agencies' advisory opinions, the Planning and Zoning Commission:
[Amended 10-20-1988 by Ord. No. O-88-11]
(a)
Will check the preliminary plat as to its substantial conformity
with the Town Comprehensive Plan and the Town Critical Area Protection
Program, as applicable; the requirements of the Zoning Ordinance[1] and these Subdivision Regulations, including the intent
and purpose of the ordinances; and the recommendations of Calvert
County departments and agencies and other federal and state agencies.
Incomplete plats or those lacking the required information shall be
returned to the applicant for completion and subsequent resubmission.
(b)
Shall review the preliminary plat and evaluate the applicant's
submission, presentation, and county, state and federal department
and agency reports with regard to substantial conformance with the
land use management classifications and provisions relating thereto
of the Town Comprehensive Plan and provisions of the Town Critical
Area Protection Program, where applicable.
(6)
The Planning and Zoning Commission, either the same evening or at
least within one month following that meeting, shall:
(a)
Evaluate the applicant's submission presentation, discussion
with the applicant, and the county and state 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.
(7)
Conditional approval of a preliminary plat shall state the conditions
or modifications necessary to satisfy the requirements of these regulations,
and the actual approval of the preliminary plat shall not be made
until such conditions have been satisfied.
[Amended 10-20-1988 by Ord. No. O-88-11]
(8)
Preliminary plat approval shall be valid for a period of one year
from the date of Planning and Zoning Commission approval. The approval
of a final plat by the Planning and Zoning Commission shall extend
the preliminary plat approval for an additional one-year period from
the date of said approval. If a final plat is not approved during
the period, then the developer may request an extension in accordance
with § 245-27C(2).
[Amended by Ord. No. O-92-7; 10-20-1988 by Ord. No. O-88-11]
[Amended 2-28-1986 by Ord. No. O-86-29]
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 § 245-19 of these regulations. The purpose of the revised preliminary plat and/or improvement drawings is to both demonstrate compliance with the conditions of preliminary approval as set forth in § 245-26B and to provide sufficient detailed information to obtain County and Town permits for construction.
B.
General. The final submission shall consist of a final plat, revised
preliminary plats and/or improvement drawings, all of which shall
conform to the appropriate checklist in the Appendix. 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)
The applicant for final plat approval shall submit a final plat,
the revised preliminary plat and/or improvement drawings, and an application
for final approval. Except as provided below, the applicant shall
submit such materials within three years from the date of receiving
conditional approval of a preliminary plat.
[Amended 11-21-1986 by Ord. No. O-86-40; by Ord. No. O-92-7; 12-15-2005 by Ord. No. O-05-16]
(a)
Extension. The applicant may request from the Planning and Zoning
Commission an extension of up to one year to the required submission
date of the final plat approval of a conditional preliminary plat
approval so long as the extension request is made within the three-year
period set forth above.
(b)
Phased projects. The three-year requirement for final submissions
may be waived by the Planning and Zoning Commission for projects for
which final plat submission is to be phased according to a phased
development plan, by adopting a phased submission plan setting forth
the required submission dates for the final plat of each phase. The
Planning and Zoning Commission may authorize the phasing of final
plat submission deadlines at the time of conditional preliminary plat
approval, preliminary plat approval, or within the three-year submission
requirement of a conditional preliminary plat approval. The phased
submission plan may be amended only by a resolution of the Planning
and Zoning Commission.
(c)
Grandfathering. The three-year submission requirement shall
replace the prior one-year requirement for all conditional preliminary
plats, regardless of when they were initially approved or of any prior
extensions granted by the Planning and Zoning Commission.
(d)
Number of copies. When submitting a final plat package, the
applicant shall provide six Mylar originals, which shall already be
signed by the surveyor, owner and health officer. Upon the Chairman
of the Planning and Zoning Commission signing the six Mylar plats,
the applicant must pick up one from Town Hall and thereafter make
15 printed copies (unless it is located within the Critical Area,
then 17 copies) and then return the Mylar and printed copies to Town
Hall within 30 days of having obtained the signed Mylar.
(5)
At its first regular meeting following receipt of the complete submission
by the Administrator and return of the submission as reviewed by the
County Planning Director, the Planning and Zoning Commission:
(6)
The Planning and Zoning Commission, either the same evening or within
one month following that meeting, shall:
(a)
Evaluate the applicant's submission, presentation, and discussion
with 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)
(8)
The Planning and Zoning Commission shall then file two Mylars for
record with the Clerk of the Court, Calvert 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.
[Amended 2-28-1986 by Ord. No. O-86-29]
The following shall apply to the acceptance of streets and improvements
by the Town:
A.
B.
Final inspection. The Town Council and Town/County 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
Council shall notify the applicant of acceptance of the required improvements
if satisfied that the applicant has complied with all specifications
and ordinances of the Town.
