The subdivision shall comply with all requirements of the appropriate state agencies, including but not limited to the Department of Environment.

Easements shall be shown on the final plat where a natural watercourse (stream) exists or where natural or street drainage is located or may be provided, such easement to be a minimum of 20 feet, except in the case of a natural watercourse, which shall contain adequate easement area to provide for a twenty-year storm.

Lots, including lot sizes, shall be subject to the requirements of the appropriate Maryland state agency, and in no case shall lot sizes be less than the minimum prescribed by the provisions contained in Articles II through XV of this chapter. No lot shall front on an alley.

Residential cluster subdivisions are permitted in accordance with the provisions of § 164-197.1.

No more than 40 residential lots may be contained on a single plat, provided that upon receipt of the Director’s recommendation, the Commission may adjust said number upward up to 20% for good cause. Any further upward adjustment shall require an administrative adjustment pursuant to § 164-158.1.

Nonresidential subdivisions, including industrial and commercial tracts, shall conform to the Master Plan and standards established in this chapter. The subdivider shall demonstrate to the satisfaction of the Commission that the street, parcel and block pattern is specifically adapted to the uses anticipated and takes into account other uses in the vicinity.

Where there is a discrepancy between minimum standards or dimensions in this article and other official regulations, the highest standards shall apply.

Reservation, dedication and/or acquisition of land for sites for schools and other public facilities. In order to provide for the adequate and convenient placement of sites for public schools and other public uses as authorized by § 5.03 of Article 66B of the Annotated Code of Maryland, all subdivisions shall conform to the designated location of sites for public schools and other public facilities as shown on the Master Plan. Where the City Master Plan indicates a location for a school or other public facility, the location of such sites shall also be shown, if applicable, on any subdivision plan involving land affected by a public facility designation of the Master Plan. If no City Master Plan has been adopted at the time of application, a school site or other public facility site may be required if a need is determined by the Commission. It shall be the duty of the Commission to coordinate the planning of the development of the subdivision with the plans of the appropriate county or City agency for acquisition of the site.

Compatibility. The Commission shall not approve a preliminary plan or final plat if it finds that the subdivision would not achieve a maximum of compatibility, safety, efficiency and attractiveness; and the fact that either a preliminary plan or final plat complies with all of the stated general regulations, development standards or other specific requirements of the zone shall not, by itself, be deemed to create a presumption that the proposed preliminary plan or final plat is, in fact, compatible with surrounding land uses and, in itself, shall not be sufficient to require its approval.

The Commission shall not approve a preliminary plan or final plat if it finds that the subdivision does not comply with the landscape manual of the City of Westminster, adopted pursuant to § 164-131.1.

To ensure that projects are not approved for which water and sewer capacity does not exist, the following subdivision plat approval procedures are adopted:

The Planning and Zoning Commission shall not approve a preliminary plan or final plat if it finds that the subdivision does not adequately address the preferences and guidelines set forth in the most recently adopted Development Design Preferences Manual in compliance with the requirements of § 164-131.2.

Proposed streets shall be shown by providing a minimum right-of-way width of 50 feet with a minimum paving width of 30 feet. Where it is determined by the Commission that a street should be designed in a subdivision to carry traffic from other areas or adjacent subdivisions, whether existing or potential, a right-of-way 60 feet or greater shall be dedicated. Where a subdivision is created fronting on an existing City-maintained road, lot lines of a subdivision shall be established 30 feet from the center of the existing county- or City-maintained road unless an additional right-of-way is specifically required by the Commission. The developer may be required to make improvements to the streets if additional traffic will be generated. Nothing contained in this section shall be construed as prohibiting a subdivider from voluntarily establishing, upon consent of the Commission, lot lines of a subdivision more than 30 feet from the center of the existing county road. A cul-de-sac (short dead-end street) shall terminate in a circular area with a minimum paving diameter of 100 feet and a minimum right-of-way diameter of 120 feet. If, however, such street will eventually be extended, a temporary turnaround shall be provided in accordance with the requirements of the Department of Public Works. Depending upon the number of units and traffic generation of a subdivision, more than one access into a subdivision may be required to be bonded or developed before building permits are issued.

Neither the approval of a preliminary or final subdivision plan nor the approval of any site plan or development plan nor the filing of any land record plat shall constitute the acceptance by the City of any street dedication. No street shall be accepted for dedication unless and until the Mayor and Council, through appropriate action, accept such street dedication, and a deed conveying the street to the City, pursuant to the acceptance of a street dedication by the Mayor and Council, has been duly recorded among the land records of Carroll County, Maryland.

To ensure no duplication, street names shall be cleared through the Department of Public Works prior to submitting a final plat.

Streets shall be constructed in accordance with those standards and regulations as set forth, in writing, by the Department of Public Roads. A financial guaranty shall be provided to the City by the subdivider prior to commencing construction in order to ensure completion by the subdivider of those facilities that will serve the subdivision.

Sod and soil may be removed in any residential zone, except agricultural, to a depth not to exceed 18 inches in a surface area not exceeding 5,000 square feet.

Removal and excavation necessary for construction shall be permitted in accordance with site plan or subdivision profiles approved by the Department of Public Works.

Grading of land shall be permitted in accordance with plans approved by the Department of Public Works, provided that the new grades do not substantially alter natural drainage patterns and that the plans include siltation and erosion control measures described in Carroll County Ordinance No. 5.

Purpose. The purpose of the cluster method of development is to protect sensitive environmental features, to provide larger open areas with greater utility for rest, recreation and preservation of natural features, to provide site design flexibility and to encourage the development of more attractive functional and economic building forms with higher standards of open space.

Objectives. The following objectives are sought by the cluster method of development:

Eligibility. The cluster method of development is permitted for single-family detached unit developments only in the R-10,000 Residential and R-20,000 Residential Zones.

Dimensional requirements.

Open space.

Panhandle lots. Panhandle lots may be permitted only in accordance with the following standards:

Compatibility.

Procedures.

Prior to preparing a preliminary plan, the subdivider may present a concept plan or sketch of the proposed subdivision to the staff of the Commission for any assistance the staff may deem appropriate. Such concept plan shall generally denote the type of densities, dwellings, streets and proposed land uses.

Thereafter, the subdivider shall prepare and file with the Commission a preliminary plan. Information shown on the preliminary plan shall include the subdivision's name and owner, the subdivider's name and address, the surveyor or engineer, election district, county, state, adjacent property owners, vicinity sketch, scale, North point, date, contours, lots, their densities, building setback lines, existing and/or proposed easements, street names and widths, water, sewer and storm drainage, lot numbers, soils information, zoning district classification(s), floodplain(s), bearings and dimensions and plat or technical notes, as well as those covenants, restrictions and/or statements proposed to be shown on the final plat.

Additionally, the preliminary plan shall include a proposed recording and construction schedule which must indicate those portions of the property covered by the preliminary plan for which building permits will be sought and obtained from the City. If the project is proposed to be built in phases, the schedule shall specifically identify the timing for the construction and conveyance of the lots, as well as any dedication for utilities, roads, open areas and recreational facilities. The schedule must be approved by the Planning Commission as a part of its preliminary plan approval, and the approved schedule shall establish the validity period for the entire project, including any phasing.

Fifteen copies of the preliminary plan shall be provided to the Commission with written application for conditional approval at least 60 days prior to the Commission's meeting at which it is to be considered. The Commission shall refer the application and plan to its staff for review.

Referral shall be made for a certification of the adequacy of public facilities to the appropriate agencies having jurisdiction over public facilities in the City, including but not limited to the following: schools, public water and sewerage facilities, police protection, roads and traffic control devices, storm drain facilities, emergency service facilities, health care facilities and solid waste disposal facilities.

No preliminary plan shall be approved by the Commission unless the adequacy of public facilities is reviewed by the appropriate state, county or City agency which has jurisdiction in the particular area of each such public facility affected by the proposed subdivision. Each agency to which a plan is referred shall return one copy of the plan to the Commission within 20 days of referral with its recommendation noted thereon, such as "Approved," "Approved subject to modification" or "Disapproved" for specific reasons. If such recommendation is not made within the twenty-day period by any agency to which referred, the preliminary plan shall be deemed to have been approved by it, unless said period has been extended by the Commission.

Following a review of the preliminary plan and other material submitted for conformity with this chapter by the staff and the appropriate agencies and, if deemed necessary by the staff, a review with the subdivider of any changes deemed advisable and the kind and extent of improvements to be made by him, a written staff recommendation shall be made available to the applicant, together with any comments or recommendations of other agencies concerned with the subdivision of land. Thereafter, the Commission shall, within 120 days after the preliminary plan has been filed, act thereon as submitted or modified; and, if approved, the Commission shall express its approval and state the conditions of such approval, if any, or, if disapproved, shall express its disapproval and its reasons therefor. Failure to act within 120 days will constitute approval of the preliminary plan. However, the applicant may waive this requirement and consent to an extension of such period. The grounds for disapproval of any plat shall be stated in the records of the Commission and a copy furnished to the applicant. The Commission may consider and use the refusal of any agency to certify the adequacy of any public facility or facilities to serve a proposed subdivision as a basis for the disapproval of a preliminary plan.

A copy of any action taken by the Commission pursuant to this preliminary plan shall be sent to the subdivider and to any agencies to which the plan had been referred.

Upon a finding by the Commission that the preliminary plan does not comply with this chapter, any other applicable laws or regulations or with the development plan or any portion thereof, approval of the preliminary plan may be revoked by resolution of the Commission at any time prior to the approval of the final plat.

Approval of a preliminary plan shall not constitute approval of the final plat, but shall be a guide to the preparation of the final plat.

The Commission reserves the right to return to the subdivider any preliminary plan which does not comply with the requisites of this section.

The final plat shall conform substantially to the preliminary plan as approved. If desired by the subdivider subject to the provision of Subsection G, it may constitute only that portion of the approved preliminary layout which he proposed to record and develop at the time and shall contain the schedule required under § 164-199. In connection with granting its final plat approval, the Commission may modify the schedule consistent with the adequacy of public facilities, including, but not limited to, the provision of adequate sewer and water.

Copies of the final plan and other exhibits required for approval shall be prepared in accordance with § 164-193 and shall be submitted to the Commission within 12 months after approval of the preliminary plan; otherwise, the approval of the plan shall be deemed to have been withdrawn. For good cause shown, not more than four extensions not exceeding six months each may be granted by the Planning Commission.

Application for approval of the final plat shall be submitted in writing to the Commission at least 30 days prior to the meeting at which it is to be considered.

No final plat shall be approved by the Commission without prior review of the City, county or state agencies which shall review the final plan for adequacy of public facilities in the same manner set forth in § 164-198. Such agencies shall approve, with or without modification, or disapprove the plat to the extent that each has jurisdiction. Such agencies shall be requested to submit their approval or disapproval to the Commission within 15 days of the receipt of the final plat from the Commission.

Any subdivision designed not to connect to public water or sanitary sewer, or both, shall require a certificate from the Carroll County Health Officer as to its compliance with water and sanitary sewer requirements.

No final plat for residential development shall be approved by the Commission without a written notation on it that no more than 40 building permits for dwelling units will be issued during any calendar year, provided that upon receipt of the Director’s recommendation, the Commission may adjust said number upward or downward up to 20% for good cause. Any additional upward adjustment shall require an administrative adjustment pursuant to § 164-158.1.

The final plat may represent only a portion of the preliminary plan, provided that the public improvements to be constructed in the area covered by the plat are sufficient by and of themselves to accomplish a proper development and to provide adequately for the health, safety and welfare of the City, including adequate access to contiguous areas. The Commission shall have the power to agree with the applicant upon use, height, area or bulk requirements or restrictions which are designed to promote the purposes of this chapter. Such requirements or restrictions shall have the same force of law and be enforceable in the same manner and with the same sanctions and penalties and subject to the same power of amendment or repeal as though set out as a part of the Zoning Ordinance or Zoning Map of the City.

The Commission shall approve or disapprove a final plat within 30 days after the filing thereof with it; otherwise, such plat shall be deemed to have been approved, and a certificate to that effect shall be issued by the Commission on demand; provided, however, that the applicant may waive this requirement and consent to an extension of such period. The grounds for disapproval of any plat shall be stated in the records of the Commission and a copy furnished to the applicant. The Commission may consider and use the refusal of any agency to certify the adequacy of any public facility or facilities to serve a proposed subdivision as a basis for the disapproval of a final plan.

Title and graphic information to be shown on the final plat shall be as required on the approved preliminary plan, except contour lines, and shall clearly show all items required by § 3-108 of the Real Property Article of the Annotated Code of Maryland (1974), as amended, pertaining to the preparation of record plats.

Space shall be provided on the final plat for the following signatures and dates:

The final plat shall be legibly and accurately prepared or printed on sheets of material to a size of 18 inches by 24 inches, including a two-inch margin on the left side of the eighteen-inch width. The plat shall be to a scale acceptable to the Commission, generally, one inch equals 50 feet or one inch equals 100 feet, depending upon the size of the subdivision. The subdivider shall file with the Commission the necessary copies for recording and distribution as required by the Commission, at least one copy of which shall be returned, properly signed, to the subdivider.

The final plat shall show the following owner's certificate and surveyor's certificate unless otherwise required by the Commission: