Town of Smithsburg, MD Article III Procedural Requirements

§ 335-18 Purpose.

This article summarizes the general procedures for the submission and review of proposed subdivisions and land developments. This article is only a general explanation and is not binding on the Town or an applicant. See the actual provisions of the other articles of this chapter. Two flowcharts are included at the end of this chapter to show the general process for major and minor subdivisions.

§ 335-19 General procedures.

A. Review and approval stages. Three types of plan submissions are established: sketch, preliminary, and final, as outlined below.

			Type of Proposed Subdivision or Land Development1
	Stage	Article of this Chapter	Major Subdivision	Minor Subdivision or Lot Line Adjustment
	Sketch plan	IV	Recommended	Recommended
	Preliminary plan	V	Required	Not required
	Final plan3	VI	Required	Required2
	Guarantee of improvements installation	VIII	Required	Required
	Recording of final plan	IX	Required	Required

	NOTES:
	1.	See definitions in Article II.
	2.	See Article VII for minor subdivision final plan submission and review requirements. See § 335-35 for submission requirements for a lot line adjustment.
	3.	At its option, the Planning Commission may grant combined preliminary/final plan approval if the preliminary plan submission meets the requirements of a final plan submission and if the Planning Commission determines that there are no outstanding matters.

B. Sketch plan. While a sketch plan is not required, it is strongly recommended that it be filed to allow the applicant to consult early and informally with the Planning Commission before preparing a preliminary plan. This will often avoid expensive redesign and delay to the applicant.

C. Preliminary plan. Preliminary plans are required to be submitted for any major subdivision and for certain land developments, as described above.

D. Final plan. After approval of the preliminary plan of a major subdivision or certain land developments, the applicant files a final plan. A final plan must be approved prior to recording of the plan by the county and prior to the sale of any lots or the construction of any buildings. (See Article IX.)

E. Guarantee of improvements installation. Where improvements are required by this chapter, in most cases, the Town will require that the applicant enter into a development agreement, including the posting of financial sufficient to guarantee the costs of any improvements which may be required. (See Article VIII.)

§ 335-20 Plan submission procedures.

A. Submission. Sketch, preliminary and final plans and all required accompanying information are required to be submitted to the Town Zoning Administrator.

B. Completeness. The Planning Commission shall have the authority to reject or table an application that the Commission determines is significantly incomplete.

C. Attendance. The applicant or his/her duly authorized representative should endeavor to attend the Town meeting to discuss the filed plans. If the applicant fails to appear when so requested at a meeting where the plans will be considered, it may result in plan disapproval, if the Town determines that it resulted in insufficient information to render a decision.

D. Action by the Commission. The Planning Commission is generally required to act upon a preliminary or final plan within 90 days after the first regular meeting of the Planning Commission that follows an acceptable submission by the applicant, unless the applicant grants a time extension.[1]

[1] Editor's Note: The flowcharts titled "Generalized Process for a Major Subdivision or Land Development" and "Generalized Process for a Minor Subdivision or Lot Line Development" are included at the end of this chapter.