A.

Title and applicability.

1.

These regulations shall be known as the site plan regulations for the Town of La Plata, Maryland and shall apply to all proposed development within the town to which these regulations apply.

B.

Purpose.

1.

The site plan provisions of this chapter are intended to:

a.

Promote the safe, functional and aesthetic development of property;

b.

Ensure that new structures, utilities, streets, parking, circulation systems, yards and open spaces are developed in conformance with the standards of the code of the Town of La Plata, and the comprehensive plan; and

c.

Provide information relating to the siting of structures, related site improvements, and relationships with surrounding development.

C.

Approving authority.

1.

The Chief Executive Officer shall be the approving authority for all minor site plans. Such approval shall be based on recommendations from other appropriate agencies, and pursuant to the code of the Town of La Plata.

2.

The Planning Commission shall be the approving authority for all major site plans and master site development plans.

D.

Interpretation of regulations.

1.

A site plan may not be approved unless the development complies with the design parameters and requirements set forth in article IV.

2.

All site plans are subject to the applicable development standards specified in Article V.

3.

Any proposed development within the Commercial Highway Zone (CH), Central Business Transition Zone (CBT) or the Central Business Zone (CB) must receive Design Review Board approval, even if a site plan is not required.

E.

Development or land use requiring a site plan.

1.

Site plan approval is required for all development not exempted under subsection F.

F.

Site plan approval is not required for the following:

1.

Solar panels on a roof;

2.

Antennas other than wireless communications towers;

3.

Detached or semi-detached residential dwellings and related accessory dwelling units on a recorded lot in a residential zone; and

4.

Construction of or modification or additions to site improvements.

G.

When site plan approval is required, site plans shall be approved before any building, structure, or land use may be:

1.

Constructed;

2.

Converted wholly or in part to another use; or

3.

Structurally altered so as to increase or decrease the height, floor area, or a modification to the site.

H.

Minor site plans.

1.

Except where the development or use is exempted under subsection F., a minor site plan shall be filed for site development and construction of a structure, accessory structure or site improvements, including, but not limited to:

a.

Sheds or generators;

b.

Additions less than one thousand two hundred (1,200) square feet;

c.

Development with limits of disturbance (LOD) less than five thousand (5,000) square feet;

d.

Change of use that is the same or lesser intensity or density of the existing land use;

e.

Reduction in parking or density; and

f.

Minor changes to landscaping and site engineering as determined by the Chief Executive Officer.

2.

Minor site plans shall be reviewed and approved as follows:

a.

Once the Chief Executive Officer determines that the application and minor site plan are complete, the application and minor site plan shall be referred to the town staff for review.

b.

Once town staff comments and report have been received and considered, the Chief Executive Officer shall determine whether the application and minor site plan require any revisions. If revisions are not required, the applicant shall be directed to submit three (3) final prints of the minor site plan for approval. If revisions are required, the applicant shall be directed to submit revised plans in accordance with town staff comments.

I.

Major site plan.

1.

When a site plan is required a major site plan shall be filed unless a minor site plan is authorized by subsection H.

2.

Major site plans shall be reviewed and approved as follows:

a.

All projects that require major site plan approval shall require a preliminary site plan to be reviewed by the Chief Executive Officer for compliance with the Code of the Town of La Plata before a major site plan may be processed for approval, except that the Chief Executive Officer may exempt from the preliminary site plan requirements, in whole or part, a project that has received MSDP approval.

b.

Preliminary site plan review is an informal process designed to focus on any major issues in a development proposal prior to preparation of detailed engineering plans.

c.

Once the Chief Executive Officer determines that the application and preliminary site plan are complete, the application and preliminary site plan shall be referred to the town staff for review.

d.

Preliminary site plans are subject to Planning Commission review and comment at the request of the Chief Executive Officer or upon written request by the applicant.

e.

Once town staff comments and report have been received and considered, the Chief Executive Officer shall determine whether the application and preliminary site plan require any revisions. If revisions are not required the applicant shall be directed to submit an application for a major site plan, subject to the completion of a notice of intent (NOI) to the Maryland Department of the Environment (MDE), Preliminary Forest Conservation Plan, and Concept Stormwater Management Plan.

f.

Once the Chief Executive Officer determines that the application and major site plan are complete, the application and major site plan shall be referred to town staff for review and recommendations.

g.

Once the recommendations and report have been received and considered, the Chief Executive Officer shall determine whether the application and major site plan require any revisions. After the plan has received conditional approval from the Chief Executive Officer, the project will be referred to the Planning Commission for review and final project approval.

J.

Master Site Development Plan (MSDP).

1.

A Master Site Development Plan shall be submitted to and be approved by the Town Council before seeking and receiving subdivision or site plan approval from the Planning Commission within a PBPE, TDX or PRID Zone.

2.

A Master Site Development Plan may be submitted as allowed in accordance with section 191-34 Neighborhood Commercial Mixed Use Zone (NCX).

3.

A property owner shall initiate a request for approval of a MSDP by filing an application on such forms as may be required by the Chief Executive Officer.

4.

In addition to such other information and documentation as reasonably may be required by the town as part of the application, the applicant shall include the following information with each MSDP application:

a.

A narrative describing the existing conditions on the site and within five hundred feet (500') of all boundaries of the site. This narrative should be accompanied by documenting photographs and a site plan drawn at a scale not less than one inch (1") equals one hundred feet (100'). Existing structures, impervious areas, public streets, alleys, sidewalks, walkways, utilities, topography, natural features and vegetation should be depicted on the site plan;

b.

The MSDP narrative shall describe all proposed land uses and proposed infill and redevelopment, and the plan shall depict the size (area), location, and density (if applicable) of each proposed use and other features of the proposed development required by this section. The type of housing stock and density proposed for each portion of the property proposed for residential use must also be identified in the narrative and depicted on the plan;

c.

The MSDP shall demonstrate the compatible relationship of the proposed development within the context of the surrounding neighborhood. To address this burden of proof of compatibility, a proposal for MSDP approval must:

(1)

Exhibit exemplary site planning, architectural design and high-quality materials that are harmonious with the surrounding area;

(2)

Create opportunities for pedestrian connections, interaction and circulation between the properties where appropriate; and

(3)

Optimize the privacy of residents and adjoining land uses through the appropriate usage of buffer yards, screening, building orientation, and window and entry placement.

d.

The project narrative shall include a report that summarizes the project concept and provides the following information:

(1)

Names and addresses of principal parties (record owner, development consultants, contact person);

(2)

Description of the proposed development, including the project name, uses, activities and anticipated project phasing plan stating a tentative time table and staging of development and improvements;

(3)

Description of existing zoning and subdivision platting on the subject property, and justification of the proposed rezoning;

(4)

Gross project area, in acres;

(5)

Existing and proposed open green space acreage;

(6)

Gross land acreage for each proposed land use or category (commercial, residential, light industrial) as applicable; include density and number or percentage of housing units, by type of housing stock, for each residential site within the project, and approximate floor-to-area ratios for each non-residential site;

(7)

Statement of commitment to comply with the applicable town of la plata community design as the standard for site development, including buildings, streetscapes, signage and landscaping;

(8)

Anticipated schedule for approvals, design, and construction, including any off-site infrastructure improvement work that must be completed to enable the project to be completed;

(9)

Anticipated or requested public sector funding and/or infrastructure improvements that must be completed to enable the project to be completed a preliminary traffic impact study and plan defining the anticipated traffic demand for the site based on the amount and mix of development, demonstrating adequacy of the site access points and adjoining intersections and defining links between key traffic improvements to site access and development phasing if necessary. The study shall include preliminary comments from the state highway administration to the extent that the administration is willing to provide such comments;

(10)

A preliminary market study demonstrating the viability of the development concept and estimating the general rate of absorption of the proposed development program land uses within the stated development time frames. The study should take into consideration assumptions about market changes over the course of the development projected build-out time frame. These assumptions may include estimates of new development and population growth in the surrounding market area in conjunction with the timing of development phases on this site. With approval of the town, the applicant may rely upon existing studies to satisfy all or part of the requirements of this paragraph; and

(11)

A cost-revenue ratio analysis of the proposed development plan development program demonstrating the anticipated direct and indirect economic benefits and impacts to the town.

e.

A MSDP for a development with the Traditional Neighborhood Development Mixed Use Zone (TDX) must demonstrate superior land design in accordance with subsection 191-33.E.3 and a proposed resolution shall be prepared that governs the overall development of the site.

5.

A MSDP is reviewed and approved as follows:

a.

Within thirty (30) days after the receipt of an application for approval of a MSDP, the Chief Executive Officer shall review the application to determine whether it is complete. If it is determined that the application is not complete, the Chief Executive Officer shall notify the applicant, in writing, of the respects in which the application is deficient. The applicant shall have thirty (30) days to respond to the deficiencies and re-submit. If the application is found to be complete, the Chief Executive Officer shall certify that the application is complete and a joint meeting of the Town Council and the Planning Commission shall be scheduled.

b.

Within sixty (60) days after receipt of the complete application, a joint meeting before the Planning Commission and the Town Council on the proposed MSDP shall be held and conducted by the Planning Commission. At this meeting the applicant shall present the Proposed Development Plan together with such supporting testimony and documentation as the applicant deems necessary or desirable. The Town Council and the Planning Commission shall provide comment. If there are comments on the MSDP, the applicant shall have thirty (30) days to respond to the comments provided by the Town Council and the Planning Commission. If there are no comments, the town council and Planning Commission shall schedule public hearings.

c.

Within thirty (30) days after receipt of the applicant's response to comments, a public hearing before the Planning Commission on the MSDP application shall be held by the Planning Commission in accordance with the provisions of section 40-9 of this Code at the next regularly scheduled meeting. At this hearing the applicant shall present the application and offer supporting testimony and documentation as the applicant deems necessary or desirable. The members of the public shall have the opportunity to comment on the proposed plan. At the conclusion of public hearing the Planning Commission shall consider the application and make findings and recommendations. The Planning Commission must make one (1) recommendation based on the following three choices: to 1) approve, 2) approve with conditions, or 3) deny. The Planning Commission shall transmit both findings and recommendations to the Town Council for action.

d.

Within thirty (30) days after receipt of the planning commission recommendation, a public hearing before the Town Council on the MSDP application shall be held in accordance to the provisions of section 40-9 of this Code at the next regularly scheduled business meeting. At this hearing the applicant shall present the application and offer supporting testimony and documentation as the applicant deems necessary or desirable. The members of the public shall have the opportunity to comment on the proposed plan. At the conclusion of public hearing the Town Council shall take action on the application and may 1) approve, 2) approve with conditions, or 3) deny the application.

e.

In considering the MSDP and formulating its recommendation, the Planning Commission shall be guided by the applicable zoning regulations of the zone under consideration and shall in its report specifically address the findings required by this zone. A failure of the Planning Commission to act before the regularly scheduled meeting following the conclusion of such hearing, shall be deemed a recommendation for the approval of the MSDP as submitted, unless such longer period has been agreed to in writing by the applicant. Within forty-five (45) days after the receipt of the findings and recommendations of the Planning Commission, or its failure to act as above provided, the Town Council shall hold a public hearing and receive comment. The council shall evaluate the MSDP application including staff comments, Planning Commission findings and recommendations and public testimony. The Town Council shall then approve, approve with conditions, or deny the MSDP application, or refer it back to the Planning Commission for further consideration of specified matters. Approval or approval with conditions shall be documented by resolution.

f.

Where the proposed Master Site Development Plan is resubmitted to the Planning Commission, the Planning Commission shall undertake further consideration of the plan with the applicant and file its further recommendation with the Town Council pursuant to subsection 5.e., above within thirty (30) days of such resubmittal.

g.

As part of the granting of final approval of a MSDP, and as part of the approving resolution, the Town Council must make a written finding that the development or redevelopment proposed by the MSDP:

(1)

Is consistent with the purposes and intent of the proposed zone;

(2)

Is generally consistent with the goals, objectives and policies of the La Plata Comprehensive Plan and any applicable approved design guidelines and vision plans;

(3)

Is compatible with, and is not reasonably likely to adversely impact, the surrounding neighborhoods or properties, including impacts from traffic, noise, and lights;

(4)

Provides needed housing opportunities, services, jobs, and/or amenities and would generally improve the character of the site;

(5)

Provides or would be served by sufficient site access, infrastructure and public services for the type and intensity of the proposed improvements;

(6)

Satisfies the development standards in the proposed zone; and

(7)

Demonstrates superior land planning and design in accordance with section 191-33.

6.

Once a MSDP is approved by the Town Council, the project may move forward in the development process. Subsequent applications and plans for subdivision and site development plans, and for grading, building and other permits and approvals, must incorporate and conform to the approved MSDP. The Planning Commission may not approve a final subdivision plat or major site plan that deviates in any material respect from the MSDP approved by the Town Council unless the approved MSDP is amended by the Town Council.

K.

Site plan submittal requirements.

1.

Site plans shall be submitted with and contain the information outlined in table 2 below.

2.

Additional information may be required by the Chief Executive Officer if it is determined to be necessary, considering the unique characteristics of the site and the proposed development, to evaluate compliance with the site development standards.

Table 2

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

A.

Minor site plans and major site plans may be revised in the same manner as originally approved. For major site plans, if a minor amendment is proposed for an addition of less than one thousand two hundred (1,200) square feet, a change of use, a reduction in parking or density, or minor changes to landscape and site engineering, a minor site plan may be acceptable as determined by the Chief Executive Officer.

B.

An approved MSDP may be amended if an owner of land desires to use or develop the land in any way that deviates from the MSDP approved by the Town Council. An amendment shall be submitted, considered and acted upon as provided in section 191-11. In any particular situation where the Town Council determines that a requested amendment is minor in nature, such as a decrease in density, the council may waive or modify any of the submittal or approval process requirements of section 191-11.

1.

An application for an amendment to an approved MSDP shall include a written request, a rationale for the amendment, and amended versions of each of the plans or documents proposed for amendment. After a review of the application, the Town Council may allow consideration of only a revision to the affected plan or document or, if the council deems the modification to be more extensive, the council may require a full resubmittal as in the case of an initial application for approval of a MSDP or other such graphic or written material as may be necessary or desirable in aiding its decisions.

2.

After the Town Council makes the determination required by paragraph (1) of this subsection, and after the applicant submits all materials required by the Town Council, the Planning Commission shall review and make a recommendation to the Town Council regarding the application. The Planning Commission and the Town Council shall hold public hearings on the requested amendment. The Planning Commission shall recommend, and the Town Council by resolution may approve or deny the requested amendment, based on a written finding that the MSDP, as amended, satisfies the standards and requirements of this section.

3.

In instances where a site plan was previously approved as part of an MSDP, an amendment of the MSDP may require an amendment or revision to the site plan.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

A.

Minor site plan approval shall expire one (1) year after the date of such approvals unless a building permit or an occupancy permit has been submitted. If a minor site plan is submitted as an amendment to a major site plan the amendment will be governed by the major site plan's expiration. A single one (1) year extension may be given by the Chief Executive Officer upon written request by the applicant to be made within thirty (30) days before the expiration of the site plan. The Chief Executive Officer shall act on the request within thirty (30) days of receipt of the request.

B.

Major site plan approval shall expire two (2) years after the date of Planning Commission approval unless building permits have been obtained for construction in accordance therewith. A single one (1) year extension may be given by the Planning Commission upon written request by the applicant to be made within thirty (30) days before the expiration of the site plan. The Chief Executive Officer shall bring the request before the Planning Commission on the next available meeting date.

C.

Approval of the Master Site Development Plan shall expire after five (5) years after the date of town council approval unless a permit, preliminary subdivision, or site plan has been submitted for review. After such time the MSDP will be null and void. A total of three (3) two (2) year extensions may be given by the Planning Commission upon written request by the applicant to be made within thirty (30) days before the expiration of the approved Master Site Development Plan.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

School seat allocation for residential development shall be determined in accordance with Chapter 173, Article IX, of the Code of the Town of La Plata.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

Upon site plan approval, the Chief Executive Officer shall notify the applicant that the applicant may apply for any applicable permits. A grading permit or a building permit may not be issued until a public works agreement and associated security documents have been executed and approved by the town in accordance with section 191-16 of this chapter.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

A.

Applicability.

1.

Unless a particular activity is exempted by the town code, no person shall develop or redevelop any land for residential, commercial, industrial, or institutional uses without providing security and dedication of improvements that are consistent with the approved design and site plan for new development and in compliance with the design standards set forth by the town and the Town Code.

2.

No grading or building permit will be issued for a property until a public works agreement and associated security documents have been executed and approved by the town where required.

B.

Public works agreements.

1.

Prior to the approval of a major site plan, a public works agreement must be entered into between the developer and the town guaranteeing that the public improvements will be installed in accordance with the plans, specifications and schedules as approved by the Planning Commission and Chief Executive Officer. The public works agreement shall include a guarantee of all work and materials installed by the developer pursuant to the agreement. The public works agreement shall contain provisions by which the developer agrees that the surety may complete the required improvements or that the security may be used by the town to complete the improvements as agreed.

C.

Security requirements.

1.

The town requires that a security be executed and approved prior to the issuance of any grading permit or permit approval for construction projects involving public improvements that are to be dedicated to the town or private improvements that are for public benefit as determined by the town. The security serves to ensure that all the work proposed and authorized by the permits is completed in accordance with the permits, plans and specifications and all applicable laws and ordinances. Additional security may be required for certain projects and is intended to be secured before the acceptance of improvements for public dedication and does not create, nor are they intended to create, any third-party beneficiary rights.

2.

Types of security accepted by the Town of La Plata are as follows:

a.

Bank irrevocable letter of credit.

(1)

If the applicant elects to secure obligations through the use of an irrevocable letter of credit, the original term for the letter of credit must be not less than the time set forth in the public works agreement for completion of the work being secured. The letter of credit must be issued by a federally insured bank that has its central location in the Baltimore/Washington Metropolitan Region, and that has a credit rating of not less than green one (1) star (*) as rated by Veribanc and/or three (3) stars (***) or better as rated by Bauer Financial, Inc. Evidence of the bank's credit rating must be submitted with the letter of credit. The letter of credit must contain an automatic renewal provision and must contain a provision that requires that the town be notified in writing of the pending expiration of the letter of credit ninety (90) days prior to the expiration date. A letter of credit may be reduced or released only with prior written authorization from the Town of La Plata. The town will provide the applicant with the sample format of an acceptable letter of credit.

b.

Surety bond.

(1)

If the applicant elects to secure obligations through the use of a surety bond or deposit, the surety company must be licensed to act as an insurer in the State of Maryland and must have a rating of "B+" or better by A.M. Best Company. The applicant shall submit a letter from the surety company stating the name of the surety and the agent's name. A certificate from the Maryland Insurance Commissioner showing the surety is authorized to do business in Maryland must be submitted with the surety company letter. The surety bond must contain an automatic renewal provision and must contain a provision that requires that the town be notified in writing of the pending expiration of the bond ninety (90) days prior to the expiration date. A surety bond may be reduced or released only with prior written authorization from the Town of La Plata. A sample acceptable bond format will be forwarded to the applicant along with the bonding requirement form.

c.

Cash escrow.

(1)

The applicant may submit a check (personal, cashier's, or certified) made payable to the Town of La Plata. The applicant must also complete a request for taxpayer identification number and certification w-9 form. An escrow agreement will be prepared by the Town Attorney.

D.

Determination of security amounts.

1.

The security amount shall be a hundred and ten percent (110%) of the estimated construction costs including the following:

a.

Site development including, but not limited to, site mobilization, clearing, grubbing, grading and sediment and erosion control measures; and

b.

Site improvements, including but not limited to, water and sewer utility installations, stormwater management measures, road improvements, pedestrian improvements, open space improvements, the cost of as-built drawings and the recordation of dedication documents.

2.

The owner/developer shall submit a detailed construction cost estimate, certified by the Project Engineer, which shows the site development costs and costs of all improvements that are to be constructed, including the cost of as-built drawings and costs of dedication. The cost estimate shall be prepared on a per unit cost basis using the standard units and costs accepted by the Chief Executive Officer. Ideally the list will be submitted in both a printed and electronic format (EXCEL, CSV), but at a minimum shall be submitted in printed form.

3.

Town staff will review the engineer's certified unit cost estimate and will establish the security amount required. The town, in the exercise of reasonable discretion, may set the amount of required security higher or lower than the amount shown on the engineer's certified cost estimate.

E.

Timing of security instruments.

1.

Performance security.

a.

Prior to grading permit or building permit approval, applicant shall post a performance security for all development related improvements that may be required by the town.

2.

Maintenance security.

a.

When a developer is required or desires to dedicate public infrastructure improvements to the town in accordance with the dedication procedures, and before the completion of the development that will ultimately be served by the improvements, the developer shall be required to post a maintenance security for the repair and/or replacement of infrastructure improvements. The security shall comply with the following guidelines:

(1)

The security must be in place prior to final release of the performance security.

(2)

Generally, the security shall have initial and subsequent renewal terms of two (2) years or more.

(3)

The bond shall have a have a renewal provision whereby it will renew automatically unless the town authorizes its release.

(4)

Generally, and at a minimum, the amount of the maintenance security shall be the cost of the final course of road paving plus ten percent (10%) of costs of the concrete infrastructure including, but not limited to, sidewalks, curbs and/or gutter, and roadside inlet structures which are being dedicated.

(5)

The value of the maintenance security may be adjusted over its term. if adjustments are being considered, the value of the security to be maintained must be calculated using the most recently issued construction unit cost figures accepted by the Chief Executive Officer.

(6)

The maintenance security will run for a maximum of ten (10) years or until one hundred percent (100%) of the development has been completed, whichever comes first.

b.

Certificates of use and occupancy shall only be released for sections of a phased development where completion and acceptance of the all public facilities and improvements have been achieved in each phase. The owner (developer) shall post a maintenance security in a minimum amount not less than one hundred percent (100%) of the public facilities and improvements, as approved by the town, to remain in place until the completion of the last lot in the development.

3.

Warranty security.

a.

A portion of the construction security will be held to cover a material warranty on the construction materials which do not include those asphalt and concrete products covered in the maintenance security. The portion held will be ten percent (10%) of the material construction costs minus the asphalt and concrete materials covered in the maintenance security.

b.

The warranty security will cover failures due to material and installation defects in materials including, but not limited to, landscaping, water, sewer, stormwater structures and facilities, asphalt base or subbase materials, and street lights.

c.

This ten percent (10%) portion of the security will be held until the end of the warranty period, which will be two (2) years.

d.

The town will, at its discretion, conduct a final material inspection prior to releasing the remaining ten percent (10%) of the warranty security.

F.

Security reduction.

1.

An applicant may request a security reduction. To request a security reduction the applicant should submit a written request using the form provided by the town to the Chief Executive Officer accompanied by any information or documentation set forth below and such other supporting documentation as the town may require. The amount of the security reduction shall be not more than eighty percent (80%) of the original total security amount. After review of the request and consultation with the Chief Executive Officer, the town will notify the applicant and the Town Treasurer of any reduced security amount.

2.

If the collateral is a letter of credit, the applicant must submit one (1) of the following to the Chief Executive Officer upon approval of the security reduction:

a.

An amendment to the existing letter of credit revising the security amount; or

b.

A new letter of credit reflecting the reduced security amount.

3.

If a new letter of credit is submitted, the existing letter of credit will be released upon approval of the new letter of credit by the Town Treasurer and Town Attorney. If the new letter of credit is issued by a different bank, the applicant will need to submit a bank credit rating along with the letter of credit.

4.

If the collateral is a cash escrow held by the town, the reduced security amount will be deducted from the cash escrow by the Town Treasurer upon notification by the Chief Executive Officer and return the remaining funds to the applicant.

5.

If the collateral is a surety security, the town will advise the surety company that the security amounts have been reduced and the amount of the reduction. The surety company must confirm to the town the reduced security amount in writing.

6.

As part of the security reduction process the town shall verify with the applicant that the obligors on the security (applicant and property owner) have not changed since the original security was posted. If the applicant or property owner has changed, the changes shall be included on the security and the town will require the issuance of a new or amended letter of credit or surety security to reflect the current obligors.

G.

Dedication process.

1.

Concurrently with the preparation of a public works agreement, the town shall identify on-site and off-site public improvements and facilities that are to be dedicated and conveyed to the town and will notify the owner/developer;

2.

Upon satisfactory completion, in accordance with approved plans, of on-site and off-site improvements and facilities that are to be dedicated and conveyed to the town, and after final inspection of all such improvements and facilities by the town, the owner/developer shall submit to the Chief Executive Officer, a title report and certificate that demonstrates that all improvements and facilities, and associated easements, can be conveyed free and clear of liens and encumbrances. The owner/developer also must submit releases of liens from all contractors/subcontractors performing work on improvements and facilities to be dedicated and conveyed.

3.

The owner/developer shall prepare and submit to the town the required dedication and conveyance documents for public facilities and improvements to the town.

4.

After approval of the documents, the approved dedication and conveyance documents shall be executed by all parties and recorded by the town among the Land Records of Charles County.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

A.

Inspections.

1.

Unless specifically provided in this chapter, the construction standards for all off-site improvements and on-site improvements required by the town code shall conform to the design and construction standards set forth in Chapter 75 of the Code.

2.

The Chief Executive Officer shall approve the plans and specifications for all required improvements and shall inspect the construction of such improvements to assure conformity to the plans and specifications.

3.

Inspection during the installation of the off-site improvements shall be made by the department responsible for such improvements as required to certify compliance with the approved site plan and applicable standards.

4.

The installation of improvements as required in the town Code shall in no case serve to bind the town to accept such improvements for maintenance, repair, or operation by the town.

5.

Prior to the acceptance of any public improvement the applicant shall provide sufficient testing data and certifications to demonstrate that the improvements have been properly constructed as depicted on the approved plan and the standards prescribed by the town accepting the improvement. The cost of all testing and certification shall be the responsibility of the applicant.

6.

The applicant shall furnish permanent, black line, reproducible as-built record drawings of public improvements constructed. Digital drawings shall be prepared and submitted in accordance with standard specifications approved by the Chief Executive Officer.

7.

The owner shall notify the town in writing before beginning any street or storm drain construction shown on the site plan. notice must be received by the Chief Executive Officer at least three (3) days prior to the beginning of any work.

B.

Final inspection.

1.

The Chief Executive Officer shall determine whether the site complies with the approved site plans and with the development security and dedication procedures set forth in this chapter before an occupancy permit will be issued for the project. Upon request of the Chief Executive Officer, the developer shall submit two (2) copies of the "as built" site plan for review and approval to determine the conformity with the approved site plan. The Chief Executive Officer may withhold the occupancy permit until the appropriate "as built" site plan has been reviewed and approved; and

2.

Upon satisfactory final inspection for compliance with requirements of the site plan, the required security may be released and a certificate of occupancy shall be issued.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

A.

Violations of this chapter are declared to be infractions. Enforcement shall be as specified in Chapter 1, Article III, particularly section 1-22.

B.

Code enforcement procedures shall be as specified in Article VII of this chapter.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

Appeals procedures are specified in Article VII of this chapter.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)