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.
(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:
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.
(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.
