This article provides simplified procedures for submitting and receiving minor subdivisions, land developments involving only a single nonresidential building and lot line adjustments.
The following submission and review process shall apply for minor subdivisions, lot line adjustments, and what the Town determines to be minor revisions of approved plans:
A. 
Final plan submission required. A minor subdivision or lot line adjustment is not required to submit a preliminary plan but shall be required to submit a final plan meeting the provisions of this Article VII.
B. 
Required submission.
(1) 
The applicant shall file with the staff at least 14 days prior to a scheduled Planning Commission regular meeting the required fee(s) and required number of copies of required plans and materials (see § 335-34).
(2) 
If a state road is involved, the applicant shall forward the required information to SHA and apply for a highway occupancy permit. If such permit is not granted prior to final plan approval, then it shall automatically be a condition of final plan approval, and the plans shall not be recorded until it is granted.
(3) 
Each final plan filed for minor subdivisions shall provide the information required by § 335-34. Plans for lot line adjustments shall provide the information required by § 335-35.
(4) 
The applicant shall provide a copy of the plans for review to the County Planning Commission. A soil erosion and sedimentation control plan shall be provided to the County Conservation District if earth disturbance is involved.
C. 
Initial actions by the staff.
(1) 
The staff shall review the submission items filed against a checklist for completeness and shall report such review to the Commission at its next regularly scheduled meeting.
(2) 
The staff shall retain in the Commission's files one copy of all materials submitted by the applicant.
(3) 
The staff shall forward to the Commission at or before the next regularly scheduled meeting of the Commission:
(a) 
At least one copy of the application form;
(b) 
At least one copy of the final plan checklist;
(c) 
Several copies of the final plan; and
(d) 
At least one copy of the supporting documents.
D. 
Determination of completeness by Commission.
(1) 
Based upon the initial review of the Town staff and/or the Town Engineer, the Commission shall have authority, at its first regularly scheduled meeting after the submission is filed in a timely fashion, to determine that a submission is significantly incomplete and therefore to refuse to review the submission further and to do one of the following:
(a) 
Not accept the submission, indicating the deficiencies, and return the fee (minus the costs of any Town review) to the applicant.
(b) 
Accept the submission as being filed for review on the condition that the applicant shall file such additional required materials and information with the staff or appropriate agency or person within a certain number of days from the date of such acceptance.
(c) 
Table the acceptance of the submission until the next Planning Commission meeting where the applicant has met all of the submittal requirements and has filed such materials within the required time period prior to the meeting. The ninety-day time limit for action shall not begin until such acceptance.
(d) 
Reject the plan for just cause.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
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.
(3) 
Zoning variances. An application under this chapter shall not be considered to be complete 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.
E. 
Review by Town staff and Engineer. The Town staff and Town Engineer should review the plan and prepare report(s) on such considerations to the Commission.
F. 
Review by 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):
(1) 
Review all applicable reports received from the appropriate review agencies and officers;
(2) 
Determine whether the final plan submission meets the requirements of this chapter and other applicable ordinances;
(3) 
Review the final plan submission and recommend any needed revisions so that the submission will conform to this chapter and other applicable ordinances; and
(4) 
Recommend approval, conditional approval or disapproval of the final plan submission.
G. 
Decision by Planning Commission.
(1) 
The Planning Commission shall:
(a) 
Review any comments of the Commission, the Town Engineer and others;
(b) 
Determine whether the final plan submission meets the requirements of this chapter and other applicable ordinances; and
(c) 
Approve or reject the final plan submission within the time required by the Land Use Article of the Annotated Code of Maryland. If the submission is rejected, the Town shall identify defects found in the application, describe requirements which have not been met and cite the provisions of the ordinance or statute relied upon.
(2) 
Town Planning Commission review. No subdivision or land development shall be granted final approval until a report is received from the Planning Commission or until 30 days have passed from the date the application was forwarded to the Town Planning Commission.
(3) 
The decision of the Planning Commission shall be in writing and shall be communicated to the applicant personally or mailed to him/her at the last known address not later than 15 days following the decision.
(4) 
The approval of the final plan by the Planning Commission shall not by itself constitute an acceptance of the dedication of any street or other proposed public way, space or area, unless such acceptance is specifically made at such time.
(a) 
Any such acceptance of dedication shall be specifically stated along with the signatures required for approval.
(b) 
If the Planning Commission elects to accept lands offered for dedication, the submission shall be accompanied by duly executed instruments of conveyance to the Town. Such instruments shall state that the title thereof is free and unencumbered.
A. 
All of the following information and materials listed in this section are required as part of all minor subdivision submissions, other than lot line adjustments or submittals under § 335-35. This list of requirements shall serve as both a list of requirements and as a checklist for the applicant and the Town to ensure completion of submissions. The applicant shall submit completed photocopies of this section as part of the application.
B. 
Checklist and list of submittal requirements. The checklist and list of submittal requirements is included at the end of this chapter.
A. 
The reduced submission requirements listed in this section shall apply, together with the procedural requirements of § 335-33, if either of the following apply:
(1) 
The proposal will meet the definition of a "lot line adjustment"; and/or
(2) 
In the determination of the Town staff, which may be based upon the advice of the Town Engineer, the proposal will involve revisions to a previously approved plan, and those revisions only involve changes in the supporting documentation or engineering details or to correct erroneous data or minor omissions concerning a plan previously granted final plan approval.
B. 
The following list of requirements shall serve as both a list of requirements and as a checklist for the applicant and the Town to ensure completion of submissions. The applicant shall submit completed photocopies of this section as part of the application. The required information listed in this section may be combined or separated onto different sheets, provided that the plans will be clearly readable. The checklist and list of submittal requirements is included at the end of this chapter.
C. 
Additional information. The Town may require that a plan under this section include the submission of specific additional information that would be required if the plan would be a final minor subdivision plan, if such specific information is necessary to determine compliance with this chapter.
D. 
An annexation under this section shall be made part of the same lot with the same deed.
Section 335-27 shall apply.
See Article IX.