It shall be a violation of this chapter for
any person, persons, firm, company, corporation or other legal entity
to:
A. Violate any provision of this chapter, or permit such
violation, or fail to comply with any of the requirements of this
chapter.
B. Submit false information on any plan or document.
C. Submit for approval a proposed final subdivision plat
after having the property shown thereon retitled in such a manner
as to make it appear that it was not part of a larger tract or parcel.
D. Sell, transfer or convey any land of a subdivision
before the final subdivision plan has been approved and the final
plats recorded.
E. Construct any improvements, erect any building or
use any land in violation of the approved subdivision plan and record
plats.
Except as specified elsewhere in this chapter,
no exceptions shall be made to any part or provision of this chapter
unless recommended by the Commission and approved by the Council.
Exceptions shall be limited to such circumstances where full conformance
with this chapter would cause extraordinary hardship and where such
hardship has not been created by the applicant. Any such exceptions
shall be consistent with the City of Taneytown and Environs Comprehensive
Plan and the Zoning Ordinance and not adverse to the public interest
as determined by the Council.
Any party aggrieved by a final decision of the
Commission under this chapter may file an appeal of such decision
to the Council within 30 days of issuance of such final decisions.
Any party aggrieved by a decision of the Council may file an appeal
of such decision with the Circuit Court for Carroll County, Maryland.
All subdivisions shall dedicate and convey to the City without charge for use as common open space 10% of the net project area and/or pay a fee in lieu thereof, as set forth in Chapter
82, Building Construction and Fire Prevention, §
82-8, Open space impact fee. For purposes of this section, “net project area” shall include the total acreage of the property, less the amount of acreage required for the construction of roads, rights-of-way, public utilities, and stormwater management facilities. The determination between dedication of common areas and/or payment of assessment shall be made by the City for each subdivision on a case-by-case basis. To the extent that the City shall determine to charge fees, the same shall satisfy the requirements of §
82-8. In determining whether to require open space or payment of the fee, the City shall determine the need for parks and recreational sites. All open space shall have access to a street in fee simple and be reasonably located to be accessible to the neighborhood. In all instances, a minimum of 85% of the open space shall be suitable for dry ground active recreational uses. The City may require the developer to make adequate provisions for maintenance of the open space. No open space so dedicated may be used for purposes of afforestation or reforestation without the prior approval of the Commission.
The City shall establish a schedule of fees
and an escrow policy which shall be in writing and available to the
public.