Talbot County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE VIII
Procedures for Subdivision of Land
§ 190-66 Major, small-scale and minor subdivisions.
66.2
Decisionmaking authority.
A.
Minor subdivisions.
1.
Decisions on minor subdivision plans shall be made by the Planning Director.
2.
The Planning Director in his decision approving a preliminary plat may also grant final plat approval if the preliminary plat is in substantial conformance with all applicable requirements.
3.
The Planning Director may require that a minor subdivision be considered by the Planning Commission in order to provide a public forum for discussion of the subdivision plan. The Planning Commission shall make a recommendation on the minor subdivision plan.
B.
Major and small-scale subdivisions.
§ 190-67 General procedures for review of subdivision plans.
67.1
Submission.
A.
Applications for subdivision approval, including sketch plans, preliminary plats, and final plats shall be submitted and reviewed for completeness in accordance with § 190-54, General application and review procedures, the application forms and checklists published by the Department of Planning and Zoning, and the requirements of this article.
B.
As determined by the Department of Planning and Zoning, applications may be required to include electronic files of plans or documents as well as printed copies.
67.3
Technical Advisory Committee (TAC).
A.
Purpose. The Technical Advisory Committee (TAC) provides a vehicle for agencies to coordinate comments on plan applications, to jointly review plans, and to resolve issues of conflict or common concern. The TAC reviews plans for compliance with applicable local, state and federal requirements.
C.
Agenda limits. The Planning Director shall limit the number of items on the agenda of each TAC meeting and CRM.
D.
TAC meetings.
1.
Upon determining that a new or substantially amended subdivision plan application is complete, the Planning Director shall schedule the submission for the next available TAC meeting and transmit the plan for review and comments to the agencies comprising the TAC and other local, state and federal agencies that the Planning Director deems appropriate.
2.
TAC meetings shall be open to the public, without public participation. Interested persons may submit written comments on a plan to the Planning Director prior to or within seven days after the TAC meeting.
3.
The agenda of TAC meetings shall be prominently displayed on the Talbot County website on the Internet. In addition, public notice of TAC meetings shall be provided as specified in this Article for specific types of plans.
E.
Compliance review meetings (CRM). The CRM provides coordinated agency review of final plats and revision plats to ensure that all conditions and requirements have been addressed before plats are submitted for signature approval and recorded in the Talbot County Land Records.
67.4
Community meeting.
A.
The Planning Director or Planning Commission may require that a community meeting be held on a sketch or preliminary plan for a major or small-scale subdivision after the preapplication meeting and prior to the Planning Commission decision.
1.
The community meeting shall be held to assist the community in understanding and providing comments on the plan, and to provide a forum to address subdivision design issues of concern to the community.
2.
The community meeting shall be organized and held by the applicant in a location and at a time convenient to community residents; and open to all interested persons.
B.
The proceedings of the community meeting shall be summarized in a report from the applicant to the Planning Director and presented at the next Planning Commission public meeting on the subdivision plan.
67.5
Action by Planning Director.
A.
Following the TAC meeting, the Planning Director shall issue a notice to proceed or a notice of noncompliance. The Department of Planning and Zoning shall transmit to the applicant the notice and the comments of the reviewing agencies.
B.
A notice to proceed shall be issued if the plan is approved or approved with conditions:
C.
A notice of noncompliance shall be issued if the plan is not in substantial compliance with applicable requirements.
67.6
Action by Planning Commission. The following procedures apply only to subdivision plans for which Planning Commission approval is required by this article.
A.
Scheduling. After the Planning Director issues a notice to proceed following the TAC meeting, the plan shall be placed on the agenda of the next available Planning Commission meeting for which the required public notice can be provided.
B.
Public notice. The Planning Commission meeting for sketch plans, preliminary plats, and final plats shall be advertised in accordance with the following requirements:
1.
The meeting agenda shall be prominently displayed on the Talbot County website on the Internet and published once in at least one newspaper of general circulation in the County at least 15 days prior to the meeting.
2.
The property shall be posted in accordance with § 190-54.5.B, posting of property, except that one sign shall be posted on each road frontage surrounding the proposed subdivision.
C.
Staff report. The application shall address the following elements, which the Planning Director shall evaluate in a staff report to the Planning Commission:
1.
Compliance with the Comprehensive Plan;
2.
Consistency with elements of Village Master Plan, as applicable;
3.
Compliance with design standards;
4.
Access and traffic circulation;
5.
Effect on surrounding development;
6.
Effect on community facilities;
7.
Impact on historic resources;
8.
Environmental resources: habitat protection, forestry, nontidal wetland, floodplain and tributary stream management; and
9.
Available utilities.
D.
Planning Commission action.
1.
At its public meeting, the Planning Commission shall consider the application, the staff report and any comments made by the applicant, the applicant's agent, and citizens, and take action on the subdivision plan.
2.
The Commission's actions may include approval, approval subject to conditions, or disapproving the plan. The Planning Commission may defer action to a subsequent Planning Commission meeting.
E.
Review notice.
1.
If the Planning Commission approves the plan or approves it subject to conditions, the Planning Director shall issue a notice to proceed authorizing the applicant to proceed to the next stage of subdivision review.
2.
If the Planning Commission disapproves the plan, a notice of noncompliance shall be issued.
67.7
Review by Historic Preservation Commission.
A.
The Planning Director or the Planning Commission may request subdivision plan review by the Historic Preservation Commission prior to plan approval, for either a sketch plan or a preliminary plan, if the property being subdivided contains or is contiguous to a property containing an historic resource identified in the Comprehensive Plan or the Maryland Inventory of Historic Properties, or is within or contiguous to an Historic Overlay District.
B.
The Historic Preservation Commission shall consider the subdivision plan at a public meeting and may submit written comments to the Planning Director addressing the impact of the subdivision on the historic resource and, if applicable, means of mitigating potential adverse impacts.
C.
The Planning Commission or Planning Director shall give consideration to, but shall not be bound by, comments provided by the Historic Preservation Commission.
67.8
Approval expiration for subdivisions.
A.
An approved subdivision plan shall be valid for 12 months from the date that a notice to proceed is issued. An application for the next stage of subdivision approval must be submitted within this period.
B.
Extension requests.
1.
The applicant may request an extension of time for an approved subdivision plan. The request shall be submitted to the Planning Director, in writing, prior to the expiration of the twelve-month period for which the approval is valid.
2.
The Planning Director may grant a single, twelve-month extension of an approved subdivision plan. Prior to granting an extension, the Planning Director may seek the recommendation of the appropriate reviewing authority or agencies.
C.
If a subdivision plan of any stage of approval expires, the subdivision shall be treated as a new project requiring sketch plan submission.
67.9
Modifications to approved subdivision plans. At any stage in the subdivision review process, the Planning Director shall require that a subdivision plan repeat the previous stage of review if:
A.
Modifications to the plan include changes beyond those required as conditions of approval by reviewing agencies or the Planning Commission; and
B.
The Planning Director determines the modifications to be significant enough to require additional review by reviewing agencies or the Planning Commission.
§ 190-68 Sketch plan procedures.
68.1
Purpose. The purpose of the sketch plan is to indicate to the County the intent and scope of the subdivision and to familiarize the applicant with the County's planning goals and local, state and federal requirements which may affect the subdivision. Approval of a sketch plan does not imply certain approval of the subdivision, but is intended to enable the applicant to determine the general feasibility of the plan prior to incurring extensive costs for detailed surveying and engineering work.
68.2
TAC review.
A.
All sketch plans shall be reviewed at a TAC meeting.
B.
For major and small-scale subdivisions, TAC meeting public notice for the sketch plan shall be provided by posting the property and mailing notices to adjacent property owners in accordance with § 190-54.5.B.
C.
Within 10 days following the TAC meeting, the Planning Director shall transmit to the applicant the comments of the reviewing agencies and either a notice to proceed or a notice of noncompliance.
D.
If the Planning Director issues a notice of noncompliance:
68.3
Approval of minor subdivision sketch plan by the Planning Director.
A.
Upon addressing the conditions within the notice to proceed for a minor subdivision sketch plan, the applicant may submit an application for preliminary plat approval.
B.
If the sketch plan submission for a minor subdivision is substantially complete and correct, the Planning Director in the notice to proceed may authorize submission of a combined preliminary/final plat to proceed directly to the CRM.
68.4
Decision on major and small-scale subdivisions sketch plan by the Planning Commission.
A.
Following the TAC meeting, when issuing a notice to proceed for a major or small-scale subdivision, the Department of Planning and Zoning shall schedule the sketch plan for the next available Planning Commission meeting. The Planning Commission shall hear and decide on the plan in accordance with § 190-67.6.
B.
If the Planning Commission approves the plan or approves it subject to conditions, the Planning Director shall issue a notice to proceed to the applicant. The notice to proceed shall include the Planning Commission's decision and any conditions of approval.
C.
If the Planning Commission does not approve the plan:
1.
The Planning Director shall issue a written notice of noncompliance to the applicant giving the reasons that the Planning Commission did not approve the plan.
2.
The applicant may submit an amended sketch plan addressing the deficiencies within nine months of the notice of noncompliance.
3.
The amended sketch plan shall complete the steps required for the initial sketch plan submission.
4.
If an amended sketch plan is not submitted within nine months, a new sketch plan application is required.
§ 190-69 Preliminary plat procedures.
69.1
Purpose. The preliminary plat presents the detailed layout and design for a proposed subdivision. The plat enables the County to determine whether the proposed subdivision complies with the requirements of this chapter and those of other reviewing agencies.
69.2
Plat specifications.
A.
The application and plat shall include all material required by the application form and checklist published by the Planning Office. In addition, the application shall comply with the following:
1.
The preliminary plat shall be prepared by a surveyor or other professional person qualified by law and licensed in the State of Maryland to seal and sign such plans, and shall be consistent with the plat requirements of the Annotated Code of Maryland.
2.
The plat shall be at a convenient scale of not more than 100 feet to the inch. The sheets shall be numbered in sequence, if more than one sheet is used, and shall be 24 inches by 36 inches in size.
3.
Dimensions shall be in feet and decimal parts thereof, and bearings in distance and degrees.
4.
The preliminary plat shall conform to the approved sketch plan and address any required revisions, corrections or conditions of sketch plan approval.
B.
As determined by the Planning Office, applications may be required to include electronic files of plans or documents as well as printed copies.
69.3
TAC review.
A.
Preliminary plats shall be reviewed at a TAC meeting in accordance with § 190-67.3, except that the Planning Director may authorize the preliminary plat for a minor subdivision to proceed directly to the final plat CRM stage.
B.
Within 10 days following the TAC meeting, the Planning Director shall transmit to the applicant the comments of the reviewing agencies and either a notice to proceed or a notice of noncompliance.
C.
If the Planning Director issues a notice of noncompliance:
1.
The applicant may submit an amended preliminary plat within nine months from the date of the notice.
2.
The amended plan shall repeat the review process of the initial preliminary plat submission.
3.
If an amended preliminary plat is not submitted within nine months, a new sketch plan application is required.
69.4
Approval of minor subdivision preliminary plat by the Planning Director.
A.
Upon addressing conditions of the notice to proceed for a minor subdivision preliminary plat, the applicant may submit a final plat to the TAC for review.
B.
If the plat is in significant compliance with the requirements of this chapter, the Planning Director in the notice to proceed for the preliminary plat may authorize the final plat to proceed directly to the final plat CRM stage.
69.5
Decision by the Planning Commission for major and small-scale subdivisions.
A.
Following the TAC meeting, upon issuing a notice to proceed for a major or small-scale subdivision, the Department of Planning and Zoning shall schedule the preliminary plat for the next available Planning Commission meeting. The Planning Commission shall hear and decide on the plat in accordance with § 190-67.6.
B.
If the Planning Commission approves the plat or approves it subject to conditions, the Planning Director shall issue a notice to proceed to the applicant giving the Planning Commission's decision and any conditions of approval.
C.
If the Planning Commission does not approve the plat:
1.
The Planning Director shall issue a written notice of noncompliance to the applicant giving the reasons that the Planning Commission did not approve the plat.
2.
The applicant may submit an amended preliminary plat addressing the deficiencies within nine months of the notice of noncompliance.
3.
The amended preliminary plat shall complete the steps required for the initial preliminary plat submission.
4.
If an amended preliminary plat is not submitted within nine months, a new sketch plan application is required.
§ 190-70 Final plat procedures.
70.1
Purpose. A final plat establishes the exact boundaries and dimensions of lots, road rights-of-way, easements, and other designations of land within a subdivision. The final plat also provides documentation ensuring that a subdivision complies with applicable requirements of local, state and federal regulations. The final plat becomes the official record of the division of land.
70.2
Submission requirements. The application and plat shall include all material required by the application form and checklist published by the Planning Office. In addition, the application shall comply with the following:
A.
The final plat shall conform to the approved preliminary plat and address any required revisions or corrections.
B.
The final plat shall also include:
1.
All revision dates.
2.
Notation of any building restriction lines or other restrictions proposed for the subdivision that is more restrictive than the requirements of this chapter.
3.
Spaces for endorsement of the County Health Officer, County Engineer, and Planning Director or Planning Commission as applicable.
4.
For new lots or parcels, right-to-farm covenants placed in property deeds and noted on the plat.
5.
All monuments erected, corners, and other points established in the field in their proper places. The material of which monuments, corners, or other points are made shall be noted at the representation thereof or by legend.
6.
Signature and seal of the registered surveyor or other professional person qualified by law and licensed in the State of Maryland to seal and sign such plans.
7.
A statement that the applicant is the owner of the subdivision shown on the final plat and that it is made with his or their consent and that it is desired to record the same. The statement must be signed by all owners and notarized. If the owner of the land is a corporation, partnership or group, the name and title or positions of persons signing the plat shall appear.
C.
The following additional plans and documents shall be submitted:
1.
A title search prepared by a qualified professional, as determined by the Planning Director, for all major, small-scale and minor subdivisions as required by the Planning Director based on review of the deeds for the property.
2.
If the title search indicates that any of the land being subdivided is subject to historic, conservation or similar easements: copies of the easements and the boundaries of the land subject to the easements.
3.
Evidence of approval of construction plans for all proposed subdivision improvements, including, but not limited to, roads, stormwater management, and sediment and erosion control.
4.
Finalized, ready for approval, public works agreements or developer agreements.
5.
Final copy of any private covenants for the subdivision.
6.
Evidence of special exception approval for riparian subdivisions to be served by a community pier.
7.
Finalized, ready for approval, reservation of development rights agreements.
8.
Evidence of approval for any permits or plans required by other County, state or federal regulations, if applicable.
9.
Written assurance that every person identified in the deeds and title search as having an interest in the property has been notified of the proposed subdivision.
D.
As determined by the Planning Office, applications may be required to include electronic files of plans or documents as well as printed copies.
70.3
TAC review.
A.
Final plats shall be reviewed at a TAC meeting in accordance with § 190-67.3 unless the Planning Director authorizes the final plat to go directly to the CRM stage.
B.
Within 10 days following the TAC meeting, the Planning Director shall transmit to the applicant the comments of the reviewing agencies and either a notice to proceed or a notice of noncompliance.
C.
If the Planning Director issues a notice of noncompliance:
70.4
Decision by Planning Director for minor subdivision final plats. Upon issuance by the Planning Director of a notice to proceed for a minor subdivision final plat, the Department of Planning and Zoning shall schedule the plat for review at the next available CRM.
70.5
Decision by the Planning Commission for major and small-scale subdivision final plats.
A.
Planning Commission approval of the final plat for a major or small-scale subdivision is required as provided in § 190-67.6, unless the Planning Commission approved the final plat in its approval of the preliminary plat.
B.
Upon issuance of a notice to proceed following the TAC meeting, the Department of Planning and Zoning shall schedule the final plat for the next available Planning Commission meeting.
C.
If the Planning Commission approves the final plat or approves it subject to conditions, the Planning Director shall schedule the plat for review at the next available TAC meeting or CRM. The Planning Director shall determine whether a TAC meeting or CRM is appropriate based on the extent of amendments needed to the plat.
D.
If the Planning Commission does not approve the final plat:
1.
The Planning Director shall issue a written notice of noncompliance to the applicant giving the reasons that the Planning Commission did not approve the plan.
2.
The applicant may submit an amended final plat addressing the deficiencies within 12 months of the notice of noncompliance.
3.
The amended plat shall complete the steps required for the initial final plat submission.
4.
If an amended final plat is not submitted within 12 months, a new sketch plan application is required.
70.6
Final plat CRM stage.
A.
Staff at the CRM shall review the plat to ensure that it is complete, correct, and addresses all comments and conditions.
B.
If necessary, the Planning Director shall provide written notice to the applicant of corrections required by the CRM agencies.
C.
Upon the concurrence of the agencies reviewing the plat at the CRM, the Planning Director shall issue a final administrative decision - notice to proceed directing the applicant to proceed to the signature stage as specified below. This final administrative decision may be appealed to the Board of Appeals within 30 days of issuance.
70.7
Signatures and recording.
A.
Following the CRM, if the final plat is correct and complete, the Planning Director shall notify the applicant in writing that the final plat may be submitted for signature.
B.
No amendments or modifications shall be made to an approved final plat without written authorization of the Planning Director.
C.
The applicant shall submit the required copies of the final plat for signature approval.
D.
The Planning Director shall facilitate obtaining the signatures of agency representatives on the final plat.
E.
Prior to signature by the Planning Director, the applicant shall provide the recording reference for covenants, easements and other recorded agreements.
F.
The Planning Director shall return copies of the signed final plat to the applicant for recordation.
G.
The applicant shall record the approved final plat with the Clerk of the Court for Talbot County and return a copy of the recordation receipt to the Planning Director within seven calendar days of signature of the final plat.
§ 190-71 Revision plats.
71.1
Purpose. Revision plats may be used to accomplish the following, provided no additional lots are created:
A.
Revisions to a recorded subdivision plat, including but not limited to revisions for consolidation, modification or abandonment of a lot line or relocation of a previously recorded easement area.
B.
Recordation of a plat to consolidate, alter or eliminate boundaries between parcels that were legally created by deed.
C.
Recordation of a plat for an existing parcel that was legally created by deed.
D.
Recordation of a plat to establish a parcel as a buildable lot.
71.2
Determination of major and minor revision plats. The Planning Director shall determine whether a proposed revision plat is major or minor based on the following guidelines.
A.
Major revisions may include, but are not limited to:
1.
Relocation or modification of a public or private road right-of-way, except alterations to bring an existing right-of-way into compliance with road standards as described below;
2.
Adjustment of acreage for common space, open space, reserved lands, or land subject to a reservation of development rights;
3.
Relocation within a parcel of common space, open space, reserved lands or land subject to reservation of development rights, except minor revisions as described below; or
4.
Revision, consolidation or abandonment of lot lines which significantly affect the layout of the subdivision.
B.
Minor revisions may include, but are not limited to:
1.
Correction of minor plat or surveying errors;
2.
Minor changes to plat notations;
3.
Revision, consolidation or abandonment of lot lines which do not significantly affect the layout of the subdivision;
4.
Recordation of a plat for an existing parcel created by deed, provided the plat does not alter the property lines;
5.
Recordation of a plat to establish a parcel as a buildable lot;
6.
Establishment or widening of a right-of-way over an existing roadway in order to establish a road right-of-way meeting current road standards;
7.
Minor acreage or boundary corrections to open space, common space or reserved land resulting from final surveying, or minor revisions that are at least 50 feet from an adjoining property line; or
8.
Addition or modification of public or private easements such as drainage or shared access easements.
71.3
Nonconforming situations.
A.
A revision plat shall not result in creation of a nonconforming situation or the worsening of an existing, legal nonconforming situation, unless the revision plat is recommended or required by the Talbot County Office of Environmental Health to resolve a failing septic system.
71.4
Procedures.
A.
The application and plat shall include all material required by the application form and checklist published by the Planning Office.
B.
A major revision plat shall be submitted and reviewed using the procedures for a new major subdivision. Decisions shall be made by the Planning Commission.
C.
A minor revision plat shall be submitted and reviewed using the procedures for a minor subdivision. Decisions shall be made by the Planning Director.
D.
The Planning Director may seek the recommendation of the Planning Commission on a minor revision plat.
§ 190-72 Division of land for conservation or future development.
72.1
Circumstances under which division is permitted. A parcel may be created for nondevelopmental purposes for one of the following purposes:
A.
Parcels created for transfer and use of land exclusively for agricultural purposes, for a minimum of 10 years, provided that the parcels created are at least five acres in size, a development right is available for each parcel under the density requirements of the applicable zoning district, and the remaining parcel(s) comply with all current County zoning and subdivision regulations.
1.
For purposes of this subsection, the foregoing time period shall be referred to as the "restriction period." During the restriction period the County may review subdivision and development applications, but shall not grant final approval of such parcels for developmental purposes:
2.
An agricultural parcel subdivided pursuant to this Subsection A for nondevelopmental purposes may not be released from the agricultural use restriction during the first three years of the restriction period, but shall be released from the agricultural use restriction prior to expiration of the restriction period upon payment of a conservation fee to the County for each parcel to be released in accordance with a fee schedule adopted by the County Council.
3.
Upon payment of the conservation fee, the County shall, subject to satisfaction of all other applicable requirements, approve such released parcels for development purposes.
B.
Parcels created for transfer and use of wetlands, floodplains and woodlands exclusively for perpetual conservation purposes, provided that the remaining parcel(s) comply with all current County zoning and subdivision regulations.
C.
Parcels created for transfer and use of lands for purposes of settling an estate, provided that such subdivision will not result in development of the parcel for at least 10 years from the date of subdivision approval and provided that the remaining parcel(s) shall comply with all current County zoning and subdivision regulations. After 10 years, such parcels shall not be approved for developmental purposes until all applicable County and state development regulations have been met, including the density requirements of this chapter.
72.2
Plat requirements for parcels created for conservation or future development. The final plat for a parcel created pursuant to this section shall:
§ 190-73 Reserved land agreements and reservation of development rights agreements.
73.1
Purpose.
A.
A reserved land agreement is required for the reserved land of a rural cluster subdivision, for land preserved pursuant to Critical Area land conservation requirements, and for any parcel or portion thereof created for perpetual conservation purposes. A reserved land agreement shall be permanent.
73.2
Procedures, restrictions and limitations.
A.
A reserved land agreement or reservation of development rights agreement shall:
1.
Restrict future development of any residential, commercial or industrial structures and uses, except as permitted by the provisions of this chapter applicable to the subdivision;
2.
Be granted to, inure to the benefit of, and be enforceable by the County; run with and bind the land, the grantor, and the grantor's successors; and
3.
Be recorded among the land records at the expense of the applicant before issuance of any permit or plat approval.
B.
A reserved land agreement or reservation of development rights agreement shall not:
C.
A reservation of development rights agreement recorded prior to the effective date of this chapter will remain in effect subject to the requirement in effect at the time of recordation.
D.
An electronic copy of the metes and bounds description of the restricted land shall accompany the final plat submission to the Planning Office.
73.3
Release or relocation.
A.
Release. A grantor or his successors may petition the County Council for partial or complete release of a reserved land agreement or reservation of development rights agreement if the parcel's zoning classification changes.
B.
Relocation. The boundaries of lands subject to the agreement shall be delineated on the final plat. A major revision plat shall be submitted for the relocation or adjustment of reserved land acreage. The relocation shall be of an equal area and shall be within the boundaries of the original parcel.
§ 190-74 Required improvements and common space.
74.1
Maintenance and completion of public and private improvements. Before the Planning Director approves a final plat, required public or private improvements shall be completed or guaranteed through one or more of the following methods:
A.
Completion of required improvements by the developer in accordance with approved plans, with plan review, inspections and approval by the County Engineer or Planning Director; or
B.
A public works agreement as required by the County; or
C.
For improvements not covered by a public works agreement, a developer agreement wherein the applicant shall agree to construct at his own expense the required improvements, including installation of plantings, as shown on the final plat and approved plans and drawings.
74.2
Common space and private subdivision improvements.
A.
Location and configuration. Common space shall be located and configured to accomplish its intended purpose and to allow access for maintenance purposes. Common space intended for recreational use shall provide convenient access.
B.
Ownership of common space or subdivision improvements. The ownership of land dedicated for common space or subdivision improvements may be proposed by the owner or developer, subject to the approval of the Planning Director. Ownership may include, but is not necessarily limited to the following:
1.
The County, subject to acceptance by the County Council;
2.
Other public jurisdictions or agencies, subject to their acceptance;
3.
Quasi-public organizations, subject to their acceptance;
4.
An incorporated property owners' association approved by the State Department of Assessments and Taxation; or
5.
Shared, undivided interest by all property owners in the subdivision.
C.
Conveyance at time of plat recordation. Concurrent with recording of the final plat, common space lots shall be conveyed by the developer to the County, a property owners' association or other entity approved to own the common space, as defined in covenants approved by the Planning Director.
D.
Property owners' or homeowners' association. If the common space or subdivision improvements are owned by a property owners', homeowners' or condominium association:
1.
Proposed covenants and restrictions that will govern the association shall be submitted with the preliminary plat application for review and approval by the Planning Director.
2.
The provisions may include but are not necessarily limited to the following:
a.
The property owners' association must be established before any lots or homes are sold;
b.
Membership must be mandatory for each lot or home buyer and any successive buyer;
c.
Community open space restrictions must be permanent, not just for a period of years;
d.
The association must be responsible for liability insurance, taxes, and the maintenance of open space and subdivision improvements;
e.
Property owners must pay their pro rata share of the cost, and the assessment levied by the association must become a lien on the property as allowed in the master deed establishing the property owners' association; and
f.
The association must be able to adjust the assessment to meet changed needs.
3.
The date of acceptance and approval of the articles of incorporation of the property owners' association by the State Department of Assessments and Taxation shall be noted on the final plat.
E.
Maintenance of common space and improvements. The person or entity identified as having the right of ownership or control over common space or subdivision improvements shall be responsible for continuing upkeep and proper maintenance in accordance with County, state and federal regulations.
§ 190-75 Survey markers.
75.1
Construction and installation.
A.
The surveyor shall establish survey markers that are solid, free from movement and constructed to be permanent. Survey marker materials and installation shall be as approved by the Planning Director or County Engineer, in compliance with Maryland regulations and consistent with customary surveying practices in Maryland.
B.
All survey markers shall be properly set in the ground and approved by a registered land or property line surveyor prior to the time the Planning Director signs the final plat.
75.2
Location.
A.
Survey markers shall be located on street right-of-way lines, at street intersections, and at angle points of curve and block corners. They shall be spaced so as to be within sight of each other, the sight lines being contained wholly within the right-of-way limits.
B.
The external boundaries of a subdivision shall be monumented in the field by survey markers placed not more than 1,400 feet apart in any straight line, at all corners, at each end of all curves, at the point where a curve changes radius, at all angle points along the meander line, those points to be not less than 20 feet back from the bank of any river or stream or edge of wetland, except that when such corners or points fall within an existing street, the survey markers shall be placed in the side line of the right-of-way.
C.
All internal boundaries, points along a proposed street, and those corners and points not referred to in the preceding subsection shall have survey markers at all block corners, at each end of all curves, at all points where a watercourse changes its radius, and at all angle points in any line.
D.
The lines of lots that extend to watercourses shall have survey markers at the point of intersection of the river or stream lot line, with a meander line established not less than 20 feet back from the bank of the river or stream or edge of wetland.
§ 190-76 Other requirements.
76.1
Applicable plans and regulations.
A.
In addition to the requirements established in this chapter, subdivision plans shall comply with all applicable local, state and federal plans and regulations, including the following:
B.
Plat approval may be withheld if a subdivision is not in conformity with the above plans and regulations or this chapter.
76.2
Subdivision straddling jurisdictional boundaries. If access to a subdivision is across land in another jurisdiction, the Planning Director may request assurance from the other jurisdiction that access is legally established, that the access road is adequately improved, or that a guarantee and a security have been duly executed and are sufficient in amount to assure the construction of the access road. In general, lot lines should be laid out so as not to cross jurisdictional boundary lines.
76.3
Subdivision name. The proposed name of the subdivision shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in the County. The Planning Director shall have final authority to approve the name of the subdivision.