A.Â
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]
B.Â
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:
(1)Â
Commission approves the later expiration date at the
same time it approves the site plan;
(2)Â
Approved site plan is part of a larger development
with an approved phasing plan or extended build-out period; and
(3)Â
Later expiration date is consistent with the approved
phasing plan or extended build-out period of the larger development.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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.
G.Â
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,[1] 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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
