Town of Smithsburg, MD
Washington County
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Table of Contents
Table of Contents
This chapter shall be administered by the Planning Commission. All applications, maps, and documents relative to subdivision or site plan approval coming under the provisions of this chapter shall be submitted to the Planning Commission.
This chapter only applies to land within the Town.
This chapter applies to all new subdivisions and site plans for new construction received for preliminary approval, not to include preliminary consultations under the Subdivision Ordinance or Zoning Ordinance, by the Planning Commission after the effective date of this chapter. Except as provided in this section or § 300-9, all new development shall meet the requirements set forth in this chapter prior to final approval. Nothing in this chapter shall prevent the Planning Commission from approving portions of subdivisions or site plans of new development if the portions of the subdivision or site plan comply with the provisions of this chapter. If the Code Enforcement Officer of the Town determines that a site plan contains minor additions to existing development, the site plan is not subject to the requirements of this chapter.
New development not meeting the requirements for adequate public facilities contained within this chapter shall not be approved by the Planning Commission unless the developer reaches an agreement with the Town for the purpose of advancing the adequacy of public facilities, pursuant to § 300-37.
Subdivisions which can be approved by the simplified plat procedure described in the Town's Subdivision Ordinance are not subject to the requirements of this chapter.
A. 
Appeals from any decision of the Planning Commission under this chapter shall be de novo to the Board of Zoning Appeals in accordance with the Town's Zoning Ordinance. The Board of Zoning Appeals may grant a variance from the requirements of this chapter only if the variance meets the following requirements:
(1) 
The requirements imposed by this chapter would result in extraordinary hardship as defined in § 300-4;
(2) 
The physical features and characteristics of the proposed plat or site plan are such that granting a variance would not impair the intent and purpose of the requirement;
(3) 
The variance will not endanger or present a threat to the public health, safety, or welfare; and
(4) 
Granting the variance would observe the spirit of this chapter and secure public safety and welfare.
B. 
The standards contained in the Zoning Ordinance for variances are not applicable to appeals from decisions of the Planning Commission under this chapter to the Board of Zoning Appeals.
Any violation of this chapter shall constitute a misdemeanor and shall be punishable, upon conviction, by a fine of not less than $200 nor more than $1,000. Each day that a violation continues shall be deemed a separate offense. In addition to any other remedies, the Mayor and Council of the Town may institute any appropriate actions or proceedings to compel compliance with this chapter, as provided for in the Land Use Article of the Annotated Code of Maryland, as amended from time to time.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).