Town of Smithsburg, MD Preliminary Plan

A preliminary plan submission for a major subdivision meeting all the requirements of this article shall be filed by the applicant and reviewed in accordance with the provisions of this article.

A preliminary plan submission is not required for:

A minor subdivision (as defined in Article II); or

A submission that only involves a lot line adjustment (as defined in Article II) or minor adjustments to a previously approved plan as specified in § 335-35.

An applicant may, at his/her option, submit a combined preliminary/final submission for combined preliminary/final approval if all of the requirements for both preliminary plan submission and final plan submission are met.

Required submission.

The applicant shall file with the staff at least 14 calendar days prior to a regular Planning Commission meeting (not including a workshop meeting) the required fees and the information and plans required under § 335-26.

The staff shall forward applicable plans to the following agencies to seek their comments prior to plan approval and maintain at least two complete file copies of all materials submitted by the applicant for use by the Town staff:

Fire Marshal (layout and utility plan if deemed appropriate by the Town staff) (one copy).

Town Engineer, with the plans provided prior to the next regular Planning Commission meeting (two copies).

(c)

The Town Planning Commission [including copies of the application form, a copy of the preliminary plan checklist and the layout plan to each member (eight copies), and at least one total copy of the complete set of preliminary plans and the supporting documents], with such information provided prior to or at the first regularly scheduled Planning Commission meeting after a proper submission.

(d)

Forest stand delineation submission and approval by the Washington County Planning Commission.

Applicant's distribution.

The applicant is fully responsible for the following:

[1]

Contacting the appropriate utility companies, as appropriate.

[2]

Determining whether any permits or approvals are needed from any agency outside of the Town, including the Maryland Department of the Environment (including any obstruction to a waterway) and the Army Corps of Engineers (including determining whether any wetland will be disturbed).

[3]

Providing a copy of the sedimentation and erosion control plans to the County Conservation District, together with its required review fees, if any earth disturbance is proposed, unless the applicant states in writing in a signed letter to the Town that earth disturbance will not occur until approval of the final plan (in which case the erosion control plan may be submitted at the final plan stage).

[4]

Providing a copy of the plans to the County Planning Commission.

The applicant is encouraged to seek at least an informal review by the Maryland State Highway Administration (SHA) of any proposed access onto a state road and provide SHA with sufficient information for such a review.

(c)

Adjacent municipalities. If any portion of a major subdivision or land development is proposed within 200 feet of the boundary of another municipality or would clearly have a regional impact upon another municipality as determined by the Planning Commission, then the applicant shall provide a copy of the layout plan to that municipality for an advisory review.

(4)

Each preliminary plan and supporting documents should seek to incorporate any revisions recommended by the Planning Commission, the Town Engineer and other appropriate Town officials during any sketch plan review.

(5)

Revisions. A list of revisions from a previously submitted plan shall be provided whenever a revised plan is submitted.

Determination of completeness of the submission.

Based upon the initial review of the Town staff and/or the Town Engineer, the Commission shall have authority, at its first regular meeting after the submission is filed in a timely fashion, to determine that a submission is incomplete and therefore to refuse to review the submission further and to do one of the following:

Not accept the submission, indicating deficiencies in writing, and return the fee (minus the costs of any Town review) to the applicant.

Accept the submission as being filed for review on the condition that the applicant shall file such additional required materials and information to the staff or appropriate agency or person by a specific deadline.

(c)

Table the acceptance of the submission until the next Planning Commission meeting after the applicant has met all of the submittal requirements within the required time period prior to the meeting. The ninety-day time limit for action shall not begin until the plan is accepted as complete.

(d)

Reject the plan for just cause, such as the submission being significantly incomplete.

If the Commission determines that the submission is significantly complete, as filed and as required, the Commission shall accept the plans and may begin its review.

Zoning variances.

An application under this chapter shall not be considered to be a complete submission for the purposes of the ninety-day time limit if one or more zoning variances will be required for the subdivision or land development to legally occur as submitted, until such time as the needed zoning variances have been granted. However, the Planning Commission may review the plans before the variance(s) is issued.

A land subdivision review shall not be delayed because of a court appeal of a zoning variance that was granted by the Board of Zoning Appeals to the developer. Instead, satisfactory resolution of such appeal may be made a condition for approval under this chapter. If a developer appeals a zoning variance that was not granted to him/her, then Subsection C(3)(a) above shall still apply.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Review by the Town staff and Engineer.

The Town staff and Town Engineer should review the submission and prepare report(s) to the Commission. Policy matters that should be dealt with directly by the Planning Commission should be listed separately from technical engineering considerations.

The applicant and/or his/her engineer shall make reasonable efforts to resolve technical engineering considerations outside of and prior to Planning Commission meetings. The Town Engineer may require the applicant or his/her engineer to meet with the Town Engineer for this purpose.

Review by the Commission. The Planning Commission shall accomplish the following within the time limitations of the Land Use Article of the Annotated Code of Maryland (unless the applicant grants a written time extension):

Review all applicable reports received from any official reviewing agencies.

Consider whether the preliminary plan submission will conform to this chapter and other applicable ordinances.

Recommend any needed revisions so that the submission will conform to this chapter and other applicable ordinances.

Decision by Planning Commission.

After considering any recommendations of the Town staff and Town Engineer and other input, the Planning Commission shall approve or reject the preliminary plan submission within the time limits required by the Land Use Article of the Annotated Code of Maryland.

Planning Commission to act not later than 90 days following the date of the first regular meeting of the Planning Commission held after it has properly been filed for review, but in no case shall Planning Commission's decision be made later than 120 days following the date the submission is duly submitted, unless the applicant grants a written extension of time; and

No subdivision or land development shall be granted final approval until a report is received from the Planning Commission or until the expiration of 30 days from the date the application was submitted to the Planning Commission.

The decision of the Planning Commission shall be in writing and shall be communicated to the applicant personally or by mail at his/her last known address not later than 15 days following the decision.

Approval of the preliminary plan submission shall constitute conditional approval of the subdivision or land development as to the character and intensity but shall not constitute approval of the final plan or authorize the sale of lots or construction of buildings.

(4)

If the preliminary plan submission is disapproved, the decision shall specify defects found in the submission, describe requirements which have not been met and cite the provisions of the statute or ordinance relied upon in each case.

(5)

At the discretion of the Planning Commission, the Planning Commission may grant combined preliminary/final plan approval if the preliminary plan submission also meets all of the requirements of a final plan submission and the Planning Commission determines that there are no significant outstanding matters regarding the plan.

Final plan submission deadline.

An applicant shall file a final plan within three years from the date of the approval of the preliminary plan by the Planning Commission, unless a written extension is granted by the Planning Commission in advance.