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Burkittsville City Zoning Code

SECTION 9

17 General Requirements

  1. Subdivider Must Prepare And Record Plat Of Subdivision. From and after the adoption of these regulations, any owner of any tract of land located in the Town of Burkittsville, who creates a subdivision, shall cause a plat of such subdivision to be made in accordance with the regulations set forth herein and the provisions of Article 66B of the Annotated Code of Maryland. After having secured the approval thereof by the Planning and Zoning Commission, the subdivider shall cause a copy of the said plat to be recorded in the office of the Land Records of Frederick County, Maryland. Any subdivision or portion thereof which may be in the process of development, but which has not had a plat of subdivision recorded at the time of adoption of these regulations, shall also be subject to the requirements and procedures contained herein.
  2. Approval Of Plat Required. No plat of any subdivision shall be recorded until it shall have been submitted to and approved by the Planning and Zoning Commission as provided herein. The Planning and Zoning Commission shall not approve said plat unless it is satisfied that the applicant has complied with these regulations.
    1. Plat Of Public Taking. Where a property has not been the subject of a recorded subdivision plat and has been divided by a road which existed prior to January 1, 2003, or by construction of a new public road by any governmental agency, such property is to be considered a lot of record or original tract of land; provided that the bearings and dimensions of the lot created must be described by a survey plat of lot created by public taking and submitted to the Planning Commission for approval. As used herein the term "public use" shall mean property that is dedicated, deeded to or maintained by the local, state or federal government, for alley, street or road purposes. A survey plat of lot created by public taking consists of a survey plat with the following additions:
      1. "Plat of lot created by public taking" in title block.
      2. A note stating "This lot is a lot of record because of public taking."
      3. A note to the clerk of the court stating the plat complies with this paragraph signed by the Chairman of the Burkittsville Planning and Zoning Commission.
      4. Whenever a proposed lot which is to be created by public taking includes or abuts streets designated on the master highway plan section of the comprehensive development plan, the Planning Commission shall require, by dedication to public use, full right-of-way dedication as prescribed in the subdivision regulations along the frontage of both the lot of public taking and that of the remainder from which the lot of public taking was derived. Improvements to lands dedicated when creating a lot by public taking will not be required.
      5. A certification and dedication by the owner or owners of the property to the effect that the lot created by public taking as shown on the plat is made with his consent, and that it is his desire to record the plat.
  3. Annexation. Any subdivision having a portion of its platted land located outside the corporate limits of the Town of Burkittsville cannot have that portion of land approved by the Burkittsville Planning and Zoning Commission unless that land is annexed into the Town of Burkittsville in accordance with the requirements of Article 23A, Section 19, of the Annotated Code of Maryland, or unless that subdivision is also approved by the Frederick County Planning Commission or other appropriate agency for the portion of the platted land located outside of the Town corporate limits.
  4. Transfer Of Land: Zoning Certificate. No lot in a subdivision created after the adoption of these regulations shall be transferred, sold, or offered for sale, nor shall a zoning certificate be issued for a structure thereon, until a Final Plat of such subdivision shall have been recorded among the Land Records of Frederick County, Maryland in accordance with these regulations.
  5. Penalties. Any subdivider who violates these regulations shall be subject to the penalties prescribed in Section 5.05 of Article 66B, Annotated Code of Maryland, as amended from time to time.
  6. Discrepancy. Whenever there is a discrepancy between the minimum standards or dimensions contained herein and those contained in the zoning ordinance or other official regulations of the Town of Burkittsville, Frederick County or other applicable governmental agencies, the more strict standards shall apply.