The purpose of these regulations is to create conditions favorable
to the health, safety, morals, and general welfare of the citizens
by assisting in the orderly and efficient integration of subdivisions;
ensuring conformance of subdivision plans with the public improvements
plans of the Town; ensuring sites suitable for building purposes and
human habitation; facilitating the efficient movement of traffic and
avoiding traffic hazards and congestion; securing equitable handling
of all subdivision plans by providing uniform procedures and standards;
improving land records by establishing standards for surveys and plans;
safeguarding the interests of the public, the homeowner, the subdivider
and all municipalities; preserving natural and historic features;
serving all other purposes authorized for a subdivision and land development
ordinance by the Land Use Article of the Annotated Code of Maryland;
and carrying out the goals and objectives of the Comprehensive Plan.
A.
No subdivision or land development of any lot, tract, or parcel of
land shall be made and no street, sanitary sewer main, water main
or other improvements required in connection with a proposed subdivision
or land development shall be laid out, constructed, opened or dedicated
for use of the public or the occupants of the proposed subdivision
or land development, except in accordance with this chapter.
B.
A lot or parcel that was not a legal lot of record prior to adoption
of this chapter shall not be created, sold or transferred and no land
development may occur on a lot unless and until:
(1)
The subdivision of the lot and/or the approval of the land development,
as applicable, has been granted final plan approval and any subdivision
has been recorded; and
The provisions of this chapter that only repeat, summarize or
reference provisions of the Land Use Article of the Annotated Code
of Maryland shall be deemed to be automatically superseded and replaced
by any applicable amendments to such provisions of the Land Use Article
of the Annotated Code of Maryland at the date such amendments become
effective as state law.
See § 335-25 regarding the requirements for a land development.
A.
Agriculture. The subdivision by lease of land for agricultural purposes
into parcels of more than 10 acres which does not involve any new
street or access easement or nonagricultural building shall be exempted
from the regulations of this chapter.
B.
Revisions to the Town regulations after approval of a development.
(1)
From the time an application for approval of a plan, whether preliminary
or final, has been approved or approved subject to conditions, no
subsequent change or amendment in the zoning, subdivision or other
governing ordinance or plan shall be applied to adversely affect the
right of the applicant to commence and to complete any aspect of the
approved development in accordance with the terms of such approval
within five years from such approval.
(2)
If final plan approval is preceded by preliminary plan approval,
the five-year period shall be counted from the date of the preliminary
plan approval.
A.
Differing provisions. Where two or more provisions of this chapter
apply to the same situation, or where a provision of this chapter
regulates the same matter as another Town ordinance or a federal or
state statute or regulation, then the more restrictive requirement
shall apply, regardless of its source, unless specified to the contrary.
B.
Illustrations. The illustrations in this chapter are provided only
for general illustrative purposes and are not part of the regulations
of this chapter.
A.
An applicant seeking a modification or exception to this chapter
shall submit to the Town staff a request in writing that states the
specific section(s) of this chapter involved and the reasons for the
request. The staff shall provide the request to the Planning Commission
for a recommendation. Town Council may, in writing, grant a waiver
or modifications to the specific requirements of this chapter.
B.
The applicant must prove that the request will meet one or more of
the following conditions:
(1)
Avoid an undue hardship that was not self-created and that results
from the peculiar and uncommon conditions of the property;
(2)
Avoid an unreasonable or unnecessary requirement that would not serve
any valid public purpose;
(3)
Allow an alternative standard that is clearly proven by the applicant
to provide equal or better results;
(4)
Allow a layout or improvements that would clearly be more in the
public interest than what would occur if the modification were not
granted; or
(5)
Remove a requirement that is not applicable, i.e., a small subdivision
or land development.
A.
Town Council has established a written schedule of fees for all applications
and other matters pertaining to this chapter.
B.
The applicant is also required to pay any review fees required by
the County Planning Commission and the Washington County Soil Conservation
District (WCSCD) and any other applicable agencies.
C.
Plans shall not be considered filed until all fees are paid and the
applications are properly signed as required.
D.
If the expenses of the Town for review of a subdivision or land development
exceed the total fees that have been paid or placed in escrow by an
applicant, such excess expenses shall be paid by the applicant prior
to release of the final plans by the Town for recording.
A.
Alternate plans. Only one plan concerning any one area shall be before
the Town for review at any one moment in time, unless the Planning
Commission specifically permits simultaneous review of alternative
plans. When an alternative plan is permitted, a new submission fee
shall be required, unless the Planning Commission determines that
the alternative plan is not significantly different from the earlier
submission.
B.
Revisions and resubdivisions.
(1)
Revised plans.
(a)
Until a submission is approved or rejected by the Planning Commission,
the applicant may withdraw the submission and submit a revised plan
following the submission and review procedures which apply to the
plan. For any submittal of a revision of a previously submitted plan,
the Town may require the applicant to submit additional fees if needed
based upon the Town's expenditures on the review up to that time.
(b)
If the Planning Commission determines that a revised subdivision
or land development that is being reviewed constitutes a significant
change from the previous submittal, then the Planning Commission may
at a regular meeting determine that the revised plan shall be considered
a new submittal, and the ninety-day maximum time period for the Town
approval shall restart after the first regular Planning Commission
meeting after such revised submittal.
The Town shall maintain records of the decisions of the Planning
Commission regarding all subdivision and land development plans. Such
records shall be available to the public for review in accordance
with the Public Information Act.[1]
[1]
Editor's Note: See § 10-611 et seq. of the State
Government Article of the Annotated Code of Maryland.
A.
The regulations set forth in this chapter may, from time to time,
be amended by the Town Council, following the procedures of the Land
Use Article of the Annotated Code of Maryland, as amended, including
a Town Council public hearing.
B.
Reviews. The Town staff shall submit each proposed amendment (other
than an amendment prepared by or under the direction of the Planning
Commission) to the Planning Commission for recommendations at least
30 days prior to the date set for the Town Council public hearing.
Also, the Town staff shall submit any proposed amendments to the County
Planning Commission at least 30 days before the public hearing on
such amendments.
C.
Public notice. The Town staff shall publish the proposed amendments
in a newspaper of general circulation, within the requirements of
the Land Use Article of the Annotated Code of Maryland. Publication
of the proposed amendment shall include either the full text thereof
or the title and a brief summary. If the full text is not published,
then a copy shall be supplied to a newspaper of general circulation,
and a copy shall be filed in the Town Hall.
D.
Changes. In the event substantial changes are made in the proposed
amendment after the hearing, then before voting upon enactment, Town
Council shall, at least 10 days prior to enactment, readvertise in
one newspaper of general circulation a summary of the changes.
Decisions of the Planning Commission may be appealed in accordance
with the Land Use Article of the Annotated Code of Maryland, as amended.
A.
Enforcement and inspections. This chapter shall be administered and
enforced by the Planning Commission and/or staff personnel designated
by the Planning Commission. Any action under this chapter is subject
to on-site inspection by the Town or its authorized representatives
to ensure compliance with this chapter, other Town ordinances and
the approved plans.
B.
Remedies. Any action inconsistent with the provisions of this chapter
shall be subject to a cease and desist order and other appropriate
measures by Town Council or its authorized representatives. The enforcement
provisions of the Land Use Article of the Annotated Code of Maryland,
as amended, shall apply.
A.
Any person, partnership or corporation who or which has violated any provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by Town Council or its authorized representatives, pay fines and fees as authorized by the Land Use Article of the Annotated Code of Maryland. These violations shall include, but not be limited to, actions listed under § 335-2, Applicability, without following the applicable procedures of this chapter.
B.
The description by metes and bounds in the instrument of transfer
or other document used in the process of selling or transferring shall
not exempt the seller or transferor from such penalties or from the
remedies herein provided.
Neither the approval nor the granting of any building permit,
floodplain permit, site plan review, subdivision approval, land development
approval, zoning permit, erosion review, stormwater runoff review,
wetland delineation or wetland review, steep slope review or any other
review or permit of this chapter, involving any land governed by the
provisions of this chapter, by an officer, solicitor, employee, consultant
or agency of the Town shall constitute a representation, guarantee
or warranty of any kind by the Town or its employees, consultants,
officials or agencies of the practicality or safety of any structure,
use or subdivision and shall create no liability upon nor a cause
of action against any Town body, consultant, official or employee
for any damage that may result pursuant thereto.
