The proposed preliminary subdivision plan shall
be based on the approved concept subdivision plan. The proposed preliminary
subdivision plan shall be submitted to the City for review within
12 months of concept plan approval or approval of the concept plan
will automatically expire and the proposed subdivision must then be
resubmitted for concept plan approval. The Commission, at its discretion,
may grant a request for an extension of time to submit the preliminary
subdivision plan if the developer proves there are extenuating circumstances
preventing a presentation within that twelve-month period.
A.
Information to be shown on the preliminary subdivision
plan shall include:
(1)
The subdivision name.
(2)
The owner's and developer's names and addresses.
(3)
The surveyor's and engineer's names and addresses.
(4)
Certificate of registered professional engineer or
registered land surveyor as to the source and accuracy of boundary
lines, topographic data and other engineering or surveying data.
(5)
A legend defining all marks, notations and symbols
used in the plan.
(6)
The election district, county and state.
(7)
The names and liber and folio references of adjacent
property owners.
(8)
References to adjoining subdivisions by liber and
folio number.
(9)
A vicinity sketch at a scale of one inch equals 2,000
feet.
(10)
Metes and bounds description and survey of the
boundary of the land proposed for subdivision.
(11)
Scale.
(12)
North point and date.
(13)
Contours with intervals no greater than two
feet.
(14)
Zoning districts.
(15)
School districts for elementary, middle and
high school.
(16)
Fire and emergency services district.
(17)
Building restriction lines.
(18)
Locations, names, dedicated widths and construction
details for all existing or planned roads, sidewalks or other public
ways and all dedicated rights-of-way or easements, their location,
width and purpose.
(19)
Other existing and proposed rights-of-way or
easements, their location, width and purpose.
(20)
Location of existing and proposed utilities.
(21)
Location of existing and proposed stormwater management facilities to include plans for collecting, detaining, retaining or depositing stormwater in accordance with Chapter 173 of the Code of the City of Taneytown. Plans shall include both pre- and post-development calculations along with calculations for sizing piping, storage areas or impoundments, flumes, spillways and other devices.
(22)
Street names.
(23)
Lots identified by unduplicated lot numbers
and to include lot lines and width.
(24)
All minimum building setback lines.
(25)
Area, zoning and density calculations.
(26)
Proposed method or treatment of sewage disposal.
(27)
Bearings and dimensions.
(28)
Any one-hundred-year floodplain.
(29)
Existing structures and features.
(30)
Location of all specimen trees.
(31)
Location of all forest conservation easements.
(32)
Historic or scenic areas.
(33)
Streams, intermittent or continuous.
(34)
Wetlands.
(35)
Outstanding topographic features.
(36)
Covenants, restrictions and/or statements proposed
to be shown on the final subdivision plat.
(37)
Areas, if any, to be reserved for parks, playgrounds
or other public uses.
(38)
Areas reserved for stormwater management.
(39)
Proposed method of conserving any area not included
in lots to be developed or dedicated for public use.
(40)
Cross sections, details and specifications as
required by the reviewing agencies.
(42)
Construction details and specifications of all
utilities.
(44)
Slopes, terraces, retaining walls, fencing and
screening.
(45)
Landscaping, including details and number of
planting units.
(46)
Location, height, design and square footage
of any proposed signage.
(47)
Location, height, design, direction and lumens
of any proposed exterior lighting.
(48)
Engineering estimates of water and sewerage
demand.
(49)
Location and design of storage facilities for
any treated, untreated, or inadequately treated liquid, gaseous, or
solid materials of such nature, quantity, toxicity, or temperature
that may run off, seep, percolate, or wash into surface or ground
water so as to contaminate, pollute, or harm such waters.
(50)
Location and design of storage facilities for
fuel, chemicals, chemical or industrial wastes, and biodegradable
raw materials.
(51)
Location, design and screening of storage facilities
for solid waste.
(52)
Other information as determined necessary by
the Commission or the reviewing agencies, including such requirements
for site plans as promulgated by Carroll County.
(53)
Any other information as determined appropriate
by the Commission.
A.
With the exception of those facilities for which the developer’s rights and obligations are to be established in a Development Rights and Responsibilities Agreement with the Mayor and City Council pursuant to Chapter 178 of the Code, before a preliminary subdivision plan may be approved, the Commission shall receive written certification or comment, as specified in the following provisions, to verify that the proposed subdivision meets all applicable state, county and City codes. Certifications shall automatically expire 120 days from the date of certification or comment whenever a lesser time limit is not specified. The Commission shall deny or defer approval of the plan if any one or more of these conditions cannot be provided or received by the City.
[Amended 1-12-2009 by Ord. No. 12-2008]
(1)
The proposed subdivision shall be posted by the developer
conspicuously by a notice no less in size than 22 inches by 28 inches
at least 14 days before the date of the first Commission meeting at
which preliminary approval of the proposed subdivision is to be considered.
(2)
The proposed subdivision shall comply with all applicable
provisions of the Code of the City of Taneytown and all other applicable
state and county codes and provisions. More stringent design provisions
may be required by the Commission if it is demonstrated that they
are necessary to promote the public health, safety or welfare or to
promote good subdivision design.
(3)
The proposed subdivision shall be in conformance with
the City of Taneytown and Environs Comprehensive Plan.
(4)
The proposed subdivision shall be in conformance with
the Carroll County Water and Sewer Master Plan.
(5)
The proposed subdivision shall not violate the provisions
of any enforceable deed restrictions or covenants attached to the
property.
(6)
The proposed plan shall be consistent with the concept
plan except where the Commission approves changes to the concept plan.
(7)
Water. The proposed development's water demand, including
source, storage and transmission, shall not exceed the capacity of
the City's existing water system with improvements proposed as part
of the subdivision plan (as applicable). If the water system is determined
to be inadequate, the developer shall be required to provide the necessary
minimum additional capacity to serve the proposed development. This
includes, but is not limited to, development of new supply source(s),
necessary land for well and wellhead buffer, treatment, storage and
transmission. The Commission shall require that all wells which the
developer is required to supply to the City, that are to provide the
City with the additional water necessary for the proposed subdivision,
are developed in accordance with the requirements of and tested by
a licensed state certified firm hired by the City, to certify the
adequacy of both the quantity and quality of the water and to ensure
no adverse impact to existing wells (private or public). An escrow
account shall be maintained by the City and funded by the developer
prior to the hiring of the firm for the cost of the certification.
The developer will have operational control of the development of
the well(s). If the findings of this certification show that the developer
is unable to supply water for the proposed subdivision the Commission
may grant preliminary plan approval only if the Taneytown City Manager,
through an engineering study, hired by the City and funded by the
developer, certifies that the existing water system of the City has
the excess capacity to service the proposed subdivision. Under such
a circumstance, the developer shall be required to pay the water replacement
fee to be created and amended by resolution of the Council.
(8)
Sewer. The proposed development's sewage requirements,
including conveyance and treatment, shall not exceed the capacity
of the City's existing sewer system with improvements proposed as
part of the subdivision plan (as applicable). If the sewer system
is determined to be inadequate, the developer shall be required to
provide the necessary minimum additional capacity to serve the proposed
development. This may include, but is not limited to, share in the
cost of replacement of inadequate facilities, including gravity sewers,
pumping stations, force mains, and wastewater treatment processes.
Certification of the City sewer system shall be based on its ability
to provide the sewerage capacity necessary for the site, considering:
(9)
Schools. If according to enrollment figures certified
by the Carroll County Board of Education, each elementary school proposed
to serve the projected school population may exceed capacity of 100%
but not greater than capacity of 105%, and each middle and high school
may exceed capacity of 100% but not 110%, considering:
(a)
Existing population from existing homes;
(b)
Projected population from future building from
residences under construction or recorded lots from previously approved
preliminary plans for which a permit could be issued at any time in
the future; and
(c)
Ratings and projections from residences in the
proposed development.
(10)
Roads.
(a)
If the Commission determines that all streets
and intersections which are designated by the Commission as serving
the proposed area of development will have ratings of A or B, for
roads maintained exclusively by the City, or ratings of C for roads
which are not maintained by the City, considering:
[1]
Effects of existing traffic;
[2]
Traffic projected to be generated from residential,
commercial or industrial projects under construction or recorded lots
from previously approved preliminary plans for which a permit could
be issued at any time in the future; and
[3]
Traffic projected to be generated from the proposed
project or development.
(b)
The Commission shall require that all streets
and intersections, which are designated by the Commission as serving
the proposed area of development be certified as to their adequacy
by a licensed traffic engineering firm, hired by the City at the expense
of the developer. The developer shall be billed for any expenses incurred
by the City for right-of-way acquisition. The Commission may also
require county certification or state certification whenever a county
or state road is within the designated area and serving the proposed
development. The firm preparing the certification shall use the methodology
in the current edition of the Highway Capacity Manual for the rating
of all streets. The firm shall use the methodology of Critical Lane
Analysis in the rating of all intersections.
(c)
If the existing level of service of the affected
street is less than the ratings, A, B or C as applicable, then the
transportation facility will be considered inadequate if the proposed
development degrades the facility by more than a factor of .02 based
on the volume of capacity ratio.
(11)
Police protection.
(a)
If the Commission determines that the ratio
of police officers to citizens is not more than two officers per every
1,000 residents considering City and any significant county and/or
state coverage, and if the City certifies that police protection would
be adequate, considering:
[1]
Existing population from existing homes;
[2]
Projected population from future building from
residences under construction or recorded lots from previously approved
preliminary plans for which a permit could be issued at any time in
the future; and
[3]
Projected population from the new development.
(b)
The Commission shall ensure that the Police
Chief or his designee certifies whether the Police Department can
provide adequate police protection, addressing specifically the ratio
of officers per citizen.
(12)
Fire and rescue services.
(a)
If the Commission determines that the Taneytown
Volunteer Fire Department can adequately access and provide the site
with fire protection and emergency services, such that an emergency
call can be served within 10 minutes and, in addition, meeting the
minimum standard of late or no response of not more than 15%, or no
response of not more than 4%, considering:
[1]
Existing population from existing homes and
businesses;
[2]
Projected population from future building from
residences, commercial or industrial projects under construction or
recorded lots from previously approved preliminary plans for which
a permit could be issued at any time in the future; and
[3]
Projected population from the new project or
development.
(b)
The Commission shall ensure that the Chief of
the Taneytown Volunteer Fire Company or his designee comments on whether
the Fire Company can provide adequate fire protection and emergency
services, addressing specifically the time needed to respond to an
emergency call as well as adequate water flow from fire hydrants,
adequate staffing and adequate equipment necessary to serve the proposed
development.
(13)
Park facilities.
(a)
If the Commission determines that all City and
regional park facilities are adequate to provide recreational opportunities
for the new development, considering:
[1]
Existing population from existing homes;
[2]
Projected population from future building from
residences under construction or recorded lots from previously approved
preliminary plans for which a permit could be issued at any time in
the future;
[3]
Projected population from the new development;
and
[4]
Open space and recreational facilities to be
provided, on- or off-site, by the developer.
(b)
In reaching its conclusion as to adequacy of
park facilities, the Commission shall consult with the Department
Head of Parks and Recreation, designated staff and/or the Parks and
Recreation Advisory Board, as appropriate.
(14)
Storm drains. If the City certifies that the
proposed development will be served by an adequate storm drainage
system, considering:
(a)
Whether the on-site drainage system to be installed
by the developer will be capable of conveying through and from the
property the design flow of stormwater runoff originating in the development,
as determined in accordance with criteria applied within the applicable
City stormwater management standards, in addition to any flow from
upstream developments in existence and under construction, and recorded
lots from previously approved preliminary plans for which a permit
could be issued at any time in the future.
(b)
Whether the off-site draining systems are capable
of conveying to an acceptable outfall the design flow of stormwater
runoff originating in the new development, as determined in accordance
with criteria applied within the applicable City stormwater management
standards, in addition to any flows from upstream developments in
existence and under construction, and recorded lots from previously
approved preliminary plans for which a permit could be issued at any
time in the future.
(15)
Solid waste disposal. If the Commission determines
that the City has adequate ability to provide the site with solid
waste removal under the current contract, considering:
(a)
Existing trash pickups required for regular
trash pickup and any other supplemental services;
(b)
Projected trash pickups required for regular
trash pickup and any other supplemental services for future building
under construction or recorded lots from previously approved preliminary
plans for which a permit could be issued at any time in the future;
(c)
Projected trash pickups required for regular
trash pickup and any other supplemental services necessary to provide
service for the new project or to the population from the new development;
and
(d)
The contract's ability to be amended to permit
increased coverage of services.
(16)
The developer shall provide written approval
from the Maryland State Secretary of Transportation or its successors
for any railroad crossings that are to be built. As long as the scope
of the proposed plan does not change and the State Secretary of Transportation
revokes their approval, the railroad crossing approvals will not expire
and may be used at future approvals.
(17)
The proposed subdivision shall be reviewed by
the county as to its conformance with all applicable state, county
and City codes with regard to development proximity to one-hundred-year
floodplains.
(18)
The proposed subdivision shall be reviewed by
the county as to its conformance with all applicable state, county
and City codes, with written reviews from all applicable county departments.
(19)
The Commission shall require that public comments
be heard prior to a Commission vote on a proposed subdivision and
that all persons present at the public meeting be allowed to address
the Commission.
B.
The Planning and Zoning Commission may approve a preliminary
or other plan but allow building only after final subdivision approval
is granted, on a phased-in schedule that may permit building to begin
no less than 24 months from the date of final plan approval, but which
after building is permitted to begin, may allow no more than 15 dwelling
units the first year, 20 dwelling units the second year, 25 dwelling
units the third year and 30 dwelling units the fourth year, if any
of the following facilities are approaching inadequate according to
the standards below for each facility:
(1)
Schools. If new schools are planned under the Board
of Education's capital improvement plans to be open for students within
five years from the date building begins, then if according to enrollment
figures certified by the Board of Education for the county in which
the development will occur, each elementary school proposed to serve
the projected school population will exceed capacity of 100% but not
greater than capacity of 105%, and each middle and high school will
exceed capacity of 100% but not greater than 110%, once the development
is fully built, considering:
(a)
Existing population from existing homes;
(b)
Projected population from future building from
residences under construction or recorded lots from previously approved
preliminary plans for which a permit could be issued at any time in
the future; and
(c)
Ratings and population projections from residences
in the proposed development.
(2)
Roads.
(a)
If the Commission determines that all streets
and intersections which are designated by the Commission as serving
the proposed area of development will have ratings that reach or exceed
Level C, for roads maintained exclusively by the City, or ratings
of D for roads which are not maintained by the City considering:
[1]
Effects of existing traffic;
[2]
Traffic projected to be generated from residential,
commercial or industrial projects under construction or recorded lots
from previously approved preliminary plans for which a permit could
be issued at any time in the future; and
[3]
Traffic projected to be generated from the proposed
project or development.
(b)
The Commission shall require that all streets
and intersections which are designated by the Commission as serving
the proposed area of development be certified by a licensed traffic
engineering firm hired by the City at the expense of the developer.
The developer shall be billed for any expenses incurred by the City
for right-of-way acquisition. The Commission may also require county
certification or state certification whenever a county or state road
is within the designated area and serving the proposed development.
The firm preparing the certification shall use the methodology in
the current edition of the Highway Capacity Manual for the rating
of all streets. The firm shall use the methodology of Critical Lane
Analysis in the rating of all intersections.
(3)
Police protection.
(a)
If the Commission determines that the ratio
of police officers to citizens is greater than two officers per 1,000
residents, but the City has plans to add police protection within
three years that would reduce the ratio to a minimum of two officers
per 1,000, considering:
[1]
Existing population from existing homes;
[2]
Projected population from future building from
residences under construction or recorded lots from previously approved
preliminary plans for which a permit could be issued at any time in
the future; and
[3]
Projected population from the new development.
(b)
The Commission shall ensure that the Police
Chief or designee provides certifications regarding police coverage,
addressing specifically the ratio of officers per citizens.
(4)
Park facilities.
(a)
If the Commission determines that all City and
regional park facilities are not adequate to provide recreational
opportunities for the new development, but new facilities are planned
to be opened within the City, or are planned by the developer, on-
or off-site, which will result in facilities which are adequate within
three years from the date development begins, considering:
[1]
Existing population from existing homes;
[2]
Projected population from future building from
residences under construction or recorded lots from previously approved
preliminary plans for which a permit could be issued at any time in
the future; and
[3]
Projected population from the new development.
(b)
In reaching its conclusion as to adequacy of
park facilities, the Commission shall consult with the Department
Head of Parks and Recreation, designated staff and/or the City Parks
and Recreation Committee, as appropriate.
(5)
Solid waste disposal.
(a)
If the Commission determines that the City does
not have adequate ability to provide the site with solid waste removal
under the current contract, but a secondary or new contract is planned
to be in place to serve homes as they are occupied, considering:
[1]
Existing trash pickups required for regular
trash pickup and any other supplemental services;
[2]
Projected trash pickups required for regular
trash pickup and any other supplemental services for future building
under construction or recorded lots from previously approved preliminary
plans for which a permit could be issued at any time in the future;
[3]
Projected trash pickups required for regular
trash pickup and any other supplemental services necessary to provide
service for the project or to the population from the new development;
and
[4]
The contract's ability to be amended to permit
increased coverage of services.
(b)
The Commission shall ensure that the Mayor,
Council, City Manager, Department Head, or designee provides certification
regarding solid waste removal under the current contract, considering
the factors outlined above.
A.
The Planning and Zoning Commission shall deny approval of a preliminary plan if any of the facilities listed in § 180-22 are not adequate according to the standards therein, or if any of the facilities listed in § 180-22 are of a lower service level than the standard of approaching inadequate, unless the facility is scheduled to be improved to provide a higher service level within six years from the date of submission of the plan. A preliminary plan denied under this section may be resubmitted after six months from the date of denial.
B.
If a facility is scheduled to be improved to provide
a higher service level under any relevant capital improvement program
of the City, state, county or any relevant agency thereto within six
years from the date of submission of the plan, the Planning and Zoning
Commission may conditionally approve the preliminary plan in part,
but defer a final decision of the adequacy of facilities for up to
three years pending reconsideration of the adequacy of facilities.
C.
If a financial analysis by the City Council demonstrates
that revenue, including but not limited to tax revenues and impact
fees, considering existing sources as well as that to be generated
from the new development, would be available for a specific capital
improvement and would be in sufficient amount to allow improvement
to a higher service level within six years, the preliminary plan shall
not be denied but may be conditionally approved in part, deferring
a final decision of the adequacy of facilities for up to three years
pending reconsideration of the adequacy of facilities. Regardless
of the outcome of such financial analysis, necessary capital improvements
to raise existing water, sewer and stormwater facilities to adequate
levels, at a minimum, must be completed prior to release of any building
permits for the development in question.
A.
Mitigation through capital improvement plan. The developer
or applicant whose plan is subject to denial or delay under this article
shall have the opportunity to provide infrastructure funds, improve
facilities directly with City approval, or donate necessary public
facilities in order to improve the adequacy of public facilities and
permit consideration for approval or delayed approval, as appropriate.
B.
Adequate public facilities test shall apply. Even
if the developer or applicant seeks to mitigate inadequate public
facilities, no exception shall be granted under this article. Each
preliminary plan shall be subject to level of services tests provided
under this article.
Whenever any one or a combination of the requirements of § 180-22 are not met or any such facility or facilities are deemed inadequate by the state, county, City or their hired agent, the Commission shall deny or defer the approval of the preliminary subdivision plan until such a time as those inadequacies are provided for or assured. The Commission may, in its discretion, recommend to the Council that an exception for approval be made. If a recommendation for an exception is made by the Commission, the approval or disapproval of the proposed plan will be deferred until the Council makes a determination. The Council shall hold a hearing promptly after the recommendation and render a decision at the first Council meeting following the hearing. The Council may either grant the exception recommended by the Commission, grant the recommended exception subject to certain conditions, which it may impose, or deny the exception. If the Council denies the exception, the Commission shall disapprove the plan. If the Council grants the exception subject to conditions, the Commission has the discretion to approve the plan with the conditions as set by the Council or disapprove the plan. If the Council grants the exception with no conditions, the Commission shall approve the plan.
The staff of the Commission shall submit its
findings and recommendations, together with those of other agencies
concerned with subdivisions of land, to the Commission at such time
as the preliminary subdivision plan is submitted for review. In accordance
with these regulations, the Commission shall approve or disapprove
the preliminary subdivision plan or may approve it with modifications
or conditions. In the event that disapproval or approval with modifications
or conditions is the action of the Commission, a statement in writing
shall be furnished by the Commission to the developer indicating the
provisions with which the developer must comply.
