Unless otherwise provided by a Development Rights and Responsibilities Agreement regarding the development project with the Mayor and Council pursuant to Chapter 178 of the Code, the final plan shall have an executed public works agreement and grading permits issued within one year of the date of final approval. Additionally, final approval shall be deemed revoked if construction has not commenced within one year from the date of final approval. The Commission may grant a request for extension from the developer if there existed extenuating circumstances preventing construction within the twelve-month period; the Planning Commission may grant up to two extensions of six months each. If the Commission requires a site plan to be resubmitted, the plan will be subject to the regulations in force at the time of resubmission.
[Amended 1-12-2009 by Ord. No. 13-2008]
The Commission may establish a specific expiration date for an approved site plan which is later than when the approved site plan would otherwise expire, but only if the:
Commission approves the later expiration date at the same time it approves the site plan;
Approved site plan is part of a larger development with an approved phasing plan or extended build-out period; and
Later expiration date is consistent with the approved phasing plan or extended build-out period of the larger development.
Inspection during the installation of the off-site improvements and required on-site improvements shall be made by the agency responsible for such improvements, as required, to certify compliance with the approved site plan and applicable standards.
The owner or developer shall notify the agency responsible for inspections three days prior to the beginning of all street or storm sewer work shown to be constructed on the site plan.
The owner or developer shall provide adequate supervision on the site during the installation of all required improvements and have a responsible superintendent or foreman together with one set of approved plans, profiles and specifications available at the site at all times when work is being performed.
Upon satisfactory completion of the installation of the improvements the owner or developer shall receive a final inspection from the agency responsible upon a request for such inspection. A final inspection which evidences no defects or noncompliance with the requirements set forth above shall authorize the release of any bond which may have been furnished to guarantee the satisfactory installation of such improvements or parts thereof. This inspection shall release only the letter of credit required pursuant to the provisions of this chapter and shall not affect the terms or validity of any letter(s) of credit required by the public works agreement or any other ordinance or regulation.
The construction standards for all off-site improvements and on-site improvements required by this chapter shall conform to the design and construction standards of the City of Taneytown, Carroll County, Maryland or the State of Maryland. Where such standards conflict, the higher standard shall prevail.
More stringent construction standards may be required by the City if it is demonstrated that they are necessary to promote the public health, safety, or welfare or to promote good development design.
The City Manager or the City's appointed agent or the Carroll County Department of Permits and Inspections shall approve the plans and specifications for all required improvements, and shall inspect the installation of such improvements to assure conformity thereto.
After a site plan has received final approval, minor ("red line") adjustments of the site plan, which comply with the spirit and intent of this article and that of the Zoning Ordinance, with the intent of the approving agencies in their review of site plans and with the general purpose of the comprehensive plan for development of the area, may be approved by the Zoning Administrator with the concurrence of the Commission Chair. Substantial deviation from an approved site plan shall require the submittal of a revised site plan prior to any request for final inspection, occupancy or use of the premises.
Any party aggrieved by a final decision of the Commission in approving or disapproving a concept, preliminary or final site plan shall file an appeal of such decision to the Taneytown Board of Zoning Appeals within 30 days of issuance of such final decision. Any party aggrieved by a decision of the Board may seek judicial relief in the Circuit Court for Carroll County. The Board may overturn a decision of the Commission; however, the power to approve a site plan is reserved to the Commission.
It shall be unlawful for any person, firm or corporation to use or develop any site regulated by this chapter or cause same to be done contrary to or in conflict with or in violation of any of the provisions of this article.
The City Manager shall serve a notice of violation or order on the person responsible for the use or development of any site in violation of the provisions of this article or in violation of a detailed statement or a plan approved hereunder; and such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
The Commission, Council, or any resident of the City may institute injunction, mandamus or other appropriate action or proceeding to prevent or terminate any violation of this chapter, and the Circuit Court of Carroll County is hereby granted jurisdiction to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.
Any violation of this chapter may also be prosecuted as a municipal infraction. Any person who shall violate a provision of this chapter or shall fail to comply with any of the requirements thereof shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 where each violation constitutes a separate offense. Each day of work without an approved site plan shall constitute a separate offense.