From and after the adoption of this chapter,
any owner or proprietor of any tract of land located in the territory
to which these regulations may apply who subdivides the same shall
cause a plat of such subdivision to be made in accordance with the
regulations set forth herein and in Article 66B of the Annotated Code
of Maryland and after having secured the approval thereof by the Planning
Commission as provided herein shall cause a copy of said plat to be
recorded among the land records of the county.
No plat of any subdivision shall be recorded
until it shall have been submitted to and approved by the Planning
Commission as provided herein. The Planning Commission shall not approve
a plat unless it is satisfied that the requirements of these regulations
have been complied with.
No land in a subdivision created after the adoption
of this chapter shall be transferred, sold or offered for sale, nor
shall a building permit be issued for a structure thereon, until a
final plat of such subdivision shall have been recorded in accordance
with these regulations and the provisions of said Article 66B.
The Mayor and Council shall by resolution establish
a schedule of fees to alleviate the cost of reviewing and checking
the plans and plats described herein and such impact and other fees
as it shall from time to time establish. Such fees shall be collected
by the agent of the Planning Commission at the time of filing the
application for subdivision approval, with the exception of the aforesaid
impact and other fees which shall be paid prior to the approval of
the final plat as hereinafter provided.
The grant of a permit or approval of a subdivision
and/or land development plan in any identified flood-prone area or
any other area shall not constitute a representation, guaranty or
warranty of any kind by the town or by any official or employee thereof
of the practicability or safety of the proposed use and shall create
no liability upon the town, its officials or employees.
In their interpretation and application, the
provisions of these regulations shall be held to be minimum requirements,
adopted for the promotion of the public health, safety and general
welfare. Whenever these regulations are at variance with the requirements
of any other lawfully adopted laws, rules, regulations, ordinances,
deed restrictions or covenants, the most restrictive or that imposing
the higher standards shall govern. Only those covenants, deed restrictions
or provisions which are required by the Planning Commission as a condition
of approval obtained hereunder and are clearly indicated as so required
upon a document recorded among the land records of the county, unless
otherwise required by law, shall be enforceable by the Mayor and Council
or any agency thereof under the provisions of this chapter.
A.
The Planning Commission may grant a waiver from the procedural requirements of Article IV and Article VII where:
(1)
Such waiver would not be contrary to the public interest.
(2)
Owing to exceptional conditions of the land involved,
a literal enforcement of these regulations would result in unnecessary
hardship.
(3)
Such waiver would not have the effect of substantially
impairing the purpose and intent of these regulations and the Comprehensive
Plan.
B.
In granting any waiver from the terms of these regulations,
the Planning Commission may prescribe such conditions and safeguards
as it shall deem necessary to fulfill the purpose and intent of these
regulations. Violations of such conditions upon which any waiver is
granted shall be deemed a violation of these regulations and punishable
under the provisions hereof.
A.
Any person who, being the owner or the agent of the
owner of any land located within the subdivision jurisdiction of the
town, violates these regulations shall be guilty of a misdemeanor.
Upon conviction thereof, the offender shall be subject to a fine not
to exceed $1,000 or to imprisonment for a period of six months, or
both, at the discretion of the court.
[Amended 9-13-1994 by Ord. No. 1994-5]
B.
The description of any lot or parcel by metes and
bounds in the instrument of transfer or other document used in the
process of selling or transferring shall not exempt the transaction
from such penalties or from the remedies herein provided.
C.
Violations by a landowner or his agent of requirements
and restrictions which the Planning Commission may impose as conditions
for approval of a subdivision plat shall constitute a violation hereof.
D.
In addition to the penalties provided above, the town
may enjoin the transfer or sale or agreement by action for injunction
brought in any court of competent jurisdiction.
