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.
A.
The Commission, Council, or any owner or occupant
of neighboring property may institute injunction, mandamus or other
appropriate action or proceeding to prevent or terminate any violation
of this chapter, and the Circuit Court for Carroll County, Maryland,
is hereby granted jurisdiction to issue restraining orders, temporary
or permanent injunctions, mandamus or other appropriate forms of remedy
or relief.
B.
Any violation of this chapter may also be prosecuted
as a municipal infraction subject to a fine not to exceed $1,000.
Each lot that constitutes a violation and each day that a violation
continues shall be deemed a separate offense subject to cumulative
fines and other penalties.
C.
The remedies provided for in this section are cumulative
and not exclusive and shall be in addition to any other remedies provided
by the law.
A.
As to any tract or parcel of land submitted for subdivision
approval, final subdivision plats for all or parts thereof shall contain
no more than a total of 50 lots within a subdivision to be recorded
for said tract or parcel within a twelve-month period, unless specifically
authorized by the Commission. The lots recorded in any twelve-month
period shall not allow for the construction of more than 50 dwelling
units. The limitations imposed herein shall apply prospectively from
the date of the enactment of this section. Any lots recorded from
said tract or parcel prior to the date of enactment shall not count
against the total of 50 lots permitted per twelve-month period hereunder.
B.
Violations. No lot in a subdivision shall be sold,
no permit to erect, alter or repair any building upon land in a subdivision
shall be issued and no building shall be erected in a subdivision
until a record plat of any subdivision shall have been approved and
properly recorded among the Land Records of Carroll County, Maryland,
and until public works improvements have been either constructed or
guaranteed. Any person, partnership or corporation who or which shall
subdivide any lot, tract or parcel of land; lay out, construct, open
or dedicate any street, sanitary sewer, storm sewer or water main
for public use or travel or for the common use of occupants of buildings
abutting thereon; or sell any lot or erect any building in a subdivision
without first having complied with all the provisions of this chapter
shall be guilty of a misdemeanor, and shall, upon conviction, be found
guilty of a misdemeanor and subject to a fine in an amount not to
exceed $1,000 or imprisonment for six months, or both.
C.
Action for relief by the City. The City may initiate
and maintain any civil action to obtain any relief against the owner
or agent who attempts the improper sale or conveyance of land, including
but not limited to an appropriate action to set aside and invalidate
any conveyances of land made prior to record plat approval of any
subdivision. Nothing herein shall prevent the City from taking any
other action necessary to prevent or remedy any violation, including
any action for damages, attorney's fees, suit fees and court costs.
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.[1] 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.
A.
Improvements. The ultimate responsibility for the
installation of the improvements required shall lie with the subdivider.
Upon installation of these improvements in accordance with the specifications
of the City, the subdivider shall take the final steps to dedicate
the improvements.
B.
Effect of recording. Recording the record plat after
approval has the effect of an irrevocable offer to dedicate and convey
all streets and other public ways to public use in fee simple, free
and clear of any encumbrances, and dedicate and convey all neighborhood
parks and other public areas to public use in fee simple, free and
clear of any encumbrances, and reserve for possible future public
acquisition any additional areas as may be required by the City.
C.
Effect of offers of dedication. The offer to dedicate
streets, parks or other areas or portions of them does not impose
any duty upon the City concerning maintenance or improvement until
the proper authorities of the City have accepted the same. If land
is dedicated for a public site and its use for this purpose is not
imminent, the subdivider may be permitted to dedicate the land with
the privilege of using the surface rights until the City is ready
to use the land. This dedication with the temporary privilege of use
must be noted on the record plat.
D.
Effect of land reservation. On sites reserved for
eventual public acquisition, no building development is permitted
during the period of reservation. The City may require the reservation
of the sites in addition to or in lieu of land to be dedicated for
public use. The reservation period must not be longer than 18 months
unless with the consent of the subdivider. Land so reserved must be
indicated on the record plat.
E.
Dedication of specific sites. The dedication of specific
sites for park, playground, school, open space or other purposes shall
be as agreed upon between the City and the subdivider.
The City shall establish a schedule of fees
and an escrow policy which shall be in writing and available to the
public.
