A.Â
Whenever any subdivision of land is proposed, the subdivider or his agent shall apply, in writing, to the Administrator of this chapter for approval of a preliminary plat and submit 11 copies thereof prepared in accordance with Article IV of this chapter, along with the appropriate fee as called for in § 216-13G of this chapter.
B.Â
Any proposed subdivision creating four or less new lots with all
lots located on and to be served by an existing state-maintained road
("small subdivision") may be reviewed and approved by the agent, without
referral to the Administrator. Provided the subdivision and the lots
to be created are served by an existing state-maintained road, and
no new roads are to be created, and either the PSA or the Health Department,
as applicable, has approved such plat, the plat of such small subdivision
may be approved by the agent without referral to the Highway Department.
All other provisions of this chapter shall apply to the contents of
such small subdivision plat. The agent may refer such small subdivision
plat to the Administrator for approval, and appeal of any decision
concerning such small subdivision plat shall be taken by the subdivider
to the Administrator. This small subdivision provision may not be
used to expand existing subdivisions or resubdivide existing subdivisions,
and plats of such expansions or resubdivisions shall be submitted
and reviewed as otherwise provided herein.
C.Â
Any proposed Class B subdivision creating four or less new lots (small
Class B subdivision) may be reviewed and approved by the agent, without
referral to the Administrator, after review and approval by the PSA
or the Health Department, as applicable, and after review by the Highway
Department. All other provisions of this chapter shall apply to the
contents of such small Class B subdivision plat. The agent may refer
such small Class B subdivision plat to the Administrator for approval,
and appeal of any decision concerning such small subdivision plat
shall be taken by the subscriber to the Administrator. This small
Class B subdivision provision may not be used to expand existing subdivisions
or resubdivide existing subdivisions, and plats of such expansions
or resubdivisions shall be submitted and reviewed as otherwise provided
herein.
D.Â
Class C subdivision plats may be reviewed and approved by the agent,
without referral to the Administrator, after review and approval by
the PSA or the Health Department, as applicable, and after review
by the Highway Department. All other provisions of this chapter shall
apply to the contents of Class C subdivision plats. The agent may
refer such Class C subdivision plats to the Administrator for approval,
and appeal of any decision concerning Class C subdivision plats shall
be taken by the subscriber to the Administrator. Plats for Class C
subdivisions which serve to expand existing subdivisions or resubdivide
existing subdivisions shall be reviewed and approved by the Administrator.
A.Â
Unless the subdivision is a small subdivision as provided by § 216-14 of this chapter, the Administrator shall provide initial review of any preliminary plat. In such initial review, the Administrator shall give a first review to see if it appears that the preliminary plat meets the requirements of this chapter. If it appears that the requirements of this chapter have not been met, such plat shall be returned to the subdivider for modification with reasons provided for any noncompliance. This initial review is not a determination of compliance of this chapter but is done only for convenience of the developer. If it appears that the plat meets the requirements of this chapter, the Administrator shall forward to the Highway Department, PSA and Health Department of Carroll County copies of the preliminary plat. They shall approve, approve with changes or disapprove the preliminary plat and return it to the Administrator. The Administrator shall not approve a final plat unless and until approval has been granted by the Highway Department, PSA and Health Department of Carroll County.
B.Â
Following return of the preliminary plat from the agencies referenced in Subsection A of this section, the Administrator shall review the preliminary plat and communicate within 60 days, in writing, with the subdivider, informing him of action taken and stating specific changes, if any, that are required in the preliminary layout. If for any reason the subdivision is disapproved, the reasons for such disapproval shall be given. In cases where approval of the plat is conditional upon changes being made in the subdivision layout, one copy of the plat shall be returned to the subdivider with the desired changes marked thereon or with notes of such changes attached. The sixty-day time period may be extended by agreement of the Administrator with the subdivider. Approval of a preliminary plat does not guarantee approval of a final plat for recordation.
After receiving notice of approval of the preliminary plat,
the subdivider shall submit to the Administrator four copies of plans
and specifications for all improvements to be installed. The Administrator
shall advise the subdivider concerning the character and extent of
improvements and the estimated amount of the performance bond or other
surety that will be required before final approval of the subdivision
plat. The Administrator, after consultation with the Highway Department,
PSA, County Health Department and other public officials, shall advise
the subdivider of approval or disapproval, in writing, within 60 days.
The subdivider shall, prior to filing with the Administrator a final plat for approval, complete all improvements and installation of utilities required under these regulations; or in lieu of completing said improvements, the subdivider shall furnish the County with a bond as required by § 216-38B.
The subdivider shall, within 18 months after official notification of approval by the Administrator in respect to the preliminary plat, apply, in writing, to the Administrator for approval of the final subdivision plat and submit 11 copies thereof prepared in accordance with Article V. The subdivider may file for approval only that portion of the approved preliminary plat which he proposes to record and develop at that time.
Unless an application for final approval is made within 18 months
after approval of the preliminary plat, said approval of the preliminary
plat shall become null and void. The Administrator shall, within 60
days from the date of submittal of the final plat, approve, modify
or disapprove such plat.
The certificate of approval of a final plat shall be as follows:
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This subdivision, known as ____________________________________
Subdivision is approved by the undersigned in accordance with existing
subdivision regulations and may be committed to record.
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Date
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(Signed)
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Highway Engineer
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Date
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(Signed)
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Health Officer
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Date
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(Signed)
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PSA Director
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Date
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(Signed)
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Agent of Governing Body
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NOTE: The foregoing plat is not approved until all signatures
have been obtained.
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Unless the subdivider shall have said plat recorded in the office
of the Clerk of the Circuit Court of Carroll County within six months
after final approval by the Administrator and before any lots are
sold in said subdivision, approval of the final plat shall become
null and void; however, in any case where construction of facilities
to be dedicated for public use has commenced pursuant to an approved
plan or permit with surety approved by the Administrator, or where
the developer has furnished surety to the governing body or the Administrator
by certified check, cash escrow, bond, or letter of credit in the
amount of the estimated cost of construction of such facilities, the
time for plat recordation shall be extended to one year after final
approval or to the time limit specified in the surety agreement approved
by the Administrator, whichever is greater.
