Town of Smithsburg, MD Article IX Recording Requirements

§ 335-45 Recording of final plan.

A. Deadline.

(1) The applicant is responsible to ensure that the final plan as approved by the Planning Commission is recorded with the Washington County Courthouse within 90 days of such final approval.

(2) If the final plan approval included official conditions that must be met prior to recording, then the plan shall be recorded within 90 days following the compliance with such conditions, up to a maximum total of one year following the final plan approval.

(3) In any case, specific extensions of these time periods may be granted in writing by the Planning Commission.

(4) The applicant shall mail or deliver a receipt of the recording to the Town.

B. At its option, the Town may voluntarily agree in advance to record a final plan, in which case the applicant shall compensate the Town for such costs.

C. The final plan shall not be recorded unless the plan is signed by the Planning Commission. The plan shall not be authorized for recording unless the applicant proves that he has met all required conditions that the Planning Commission determines would impact the recording of the final plan.

§ 335-46 Record plan.

The applicant shall provide to the Town one Mylar and one paper clear and legible copy of the record plan. The Town copies shall be made after recording and shall be exact copies of those portions of the approved final plan that the Town requires to be recorded. Such record plan, at a minimum, shall include all of the following:

A. Street rights-of-way;

B. Any common open spaces or dedicated parkland;

C. Easements and any covenants that the Town required to be placed on the final plan;

D. Lot lines and lot dimensions;

E. Waterlines, sanitary and storm sewer lines and stormwater drainage facilities;

F. The required signatures by the Town Planning Commission and Town officials; and

G. Notations stating whether the streets and any common open space and other proposed improvements are to be offered or not for dedication to the Town.

§ 335-47 Effect of recording.

Every street, park, or other improvement shown on a subdivision or land development plan that is recorded, as provided herein, shall be deemed to be a private street, open space, or improvement until such time as it may be offered and officially accepted for dedication to the Town or is duly condemned.