[Amended 1-12-2009 by Ord. No. 12-2008]
The proposed final subdivision plan shall be based on the approved preliminary subdivision plan. Unless otherwise provided by a Development Rights and Responsibilities Agreement regarding the subdivision project with the Mayor and City Council pursuant to Chapter 178 of the Code, the proposed final subdivision plan shall be submitted to the City for review within 12 months of preliminary plan approval or the approval will automatically expire and the proposed subdivision must then be resubmitted for preliminary plan approval. The Commission, at its discretion, may grant a request for an extension of time to submit the final subdivision plan if the developer proves there are extenuating circumstances preventing a presentation within that twelve-month period; however, any such extension, if granted, shall be for no longer than six months.
The final subdivision plan shall include all the information required in § 180-21 and a written description of all changes from the preliminary plan.
[Amended 1-12-2009 by Ord. No. 12-2008]
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.
A.
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 final approval of the proposed subdivision is to be considered.
B.
The proposed subdivision shall comply with all applicable
provisions of the Code of the City of Taneytown zoning regulations
and all other applicable state and county codes and provisions.
C.
The proposed subdivision shall be in conformance with
the City of Taneytown and Environs Comprehensive Plan.
D.
The proposed subdivision shall be in conformance with
the Carroll County Water and Sewer Master Plan.
E.
The proposed subdivision shall not violate the provisions
of any enforceable deed restrictions or covenants attached to the
property.
F.
The proposed plan shall be consistent with the preliminary
plan except where the Commission approves changes to the preliminary
plan.
G.
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 final 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.
H.
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:
I.
Schools. 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 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 greater than 110%, 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)
Ratings and population projections from residences
in the proposed development.
J.
Roads.
(1)
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:
(a)
Effects of existing traffic;
(b)
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
(c)
Traffic projected to be generated from the proposed
project or development.
(2)
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 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.
(3)
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.
(4)
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.
K.
Police protection.
(1)
If the Commission determines that the ratio of police
officers, to citizens is not more than two officers per 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:
(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)
Projected population from the new development.
(2)
The Commission shall ensure that the Police Chief,
supervisor, or designee certifies whether the Police Department can
provide adequate police protection, addressing specifically the ratio
of officers per citizen.
L.
Fire and rescue services.
(1)
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:
(a)
Existing population from existing homes and
businesses;
(b)
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
(c)
Projected population from the new project or
development.
(2)
The Commission shall ensure that 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 response to an emergency
call as well as adequate water flow from hydrants, adequate staffing
and adequate equipment necessary to serve the proposed development.
M.
Park facilities.
(1)
If the Commission determines that all City and regional
park facilities are adequate to provide recreational opportunities
for the new development, 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;
(c)
Projected population from the new development;
and
(d)
Open space and recreational facilities to be
provided, on- or off-site, by the developer.
(2)
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.
N.
Storm drains. If the City certifies that the proposed
development will be served by an adequate storm drainage system, considering:
(1)
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.
(2)
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.
O.
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:
(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 new project or to the population from the new development;
and
(4)
The contract's ability to be amended to permit increased
coverage of services.
P.
The developer shall provide a written approval from
the 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.
Q.
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.
R.
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.
S.
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 meeting be allowed to address the
Commission.
Whenever any one or a combination of the requirements of § 180-29 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 final subdivision plan until such a time as those inadequacies are provided for or assured. The Commission may, in its discretion, recommend to the City 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 may approve the plan.
A.
The final subdivision plan shall include a subdivision
plat or plats intended for recordation, incorporating those changes
or additions lawfully ordered by the Commission in its approval of
the final subdivision plan. The final subdivision plat or plats may
include all or any portion of the area covered by the final subdivision
plan.
B.
When the final record plat or plats are submitted
for approval, the subdivider shall file with the Commission a title
report, certificate of title or comparable evidence showing the names
and addresses of the holders of all legal and equitable interests
in and to said land.
The title and graphic information to be shown
on the final subdivision plat shall be as required on the final subdivision
plan, except contour lines.
Space shall be provided on the final plat for
the following signatures and dates:
The final subdivision plat shall be legibly
and accurately prepared or printed on sheets 18 inches by 24 inches
(to include a two-inch left margin on the long side) and to a scale
of one inch equals 50 feet. The developer shall file with the Commission
seven black- or blue-line prints of the final plat, two of which shall
be on Mylar. One copy shall be returned properly signed to the developer.
A.
The following property owner's statement, along with
the owner's signature, shall be provided on the final plat: “The
streets, roads, open spaces, and public sites shown hereon, and the
mention thereof in deeds, are for the purpose of description only
and the same are not intended to be dedicated to public use; the fee
simple title to the land so shown is expressly reserved in the present
owners shown on this plat, their successors, heirs and assigns.”
B.
No more than one principal building shall be permitted
on any residential lot, and no such lot may ever be resubdivided so
as to produce a building site of less area or width than the minimum
required by applicable health, zoning or other regulation.
[Amended 1-12-2009 by Ord. No. 12-2008]
A.
Unless otherwise provided by a Development Rights and Responsibilities Agreement regarding the subdivision project with the Mayor and Council pursuant to Chapter 178 of the Code, the final subdivision plan shall expire 12 months after the date of approval unless all lots are recorded or unless an extension of the expiration date is recommended by the Commission and approved by the Council. Any such extension granted shall be for no longer than 12 months.
B.
An approved final subdivision plan does not confer,
guarantee or assure a right to record a plat or plats. The Commission
shall have the power to limit recordation of lots in such a manner
as to ensure the orderly construction and development of any subdivision
and its improvements.
