(A) General requirements.
(1) Any developer contemplating the subdivision of land shall prepare subdivision plans in accordance with this chapter, and after approval by the Planning and Zoning Commission shall record a copy of the plat in the Land Records of Carroll County.
(2) No subdivision lot may be transferred nor may a building permit be issued for a structure thereon prior to complying with this chapter.
(3) No building permit may be issued for a property included in an approved preliminary subdivision plan, but not described on a final subdivision plat, unless the property was eligible for the issuance of a permit without subdivision approval. The proposed improvements shall be shown on the preliminary and final subdivision plan.
(4) If an off conveyance or any division is proposed upon land which involves a planned street or involves a planned public project shown on the Master Plan, the Planning and Zoning Commission shall consider the division and may approve the division without recording a subdivision plat after a finding by the Planning Commission that the division will not adversely affect the construction of the planned public project or planned street.
(B) Separate parcels in one deed. The following standards shall apply to land which, at the time of adoption of the Subdivision Regulations for this county on April 23, 1963, was contained in a single deed but was comprised of contiguous, separately described parcels or tracts:
(1) The separate parcels or tracts may be conveyed without obtaining subdivision approval;
(2) Only one such separate parcel or tract may be divided into two off conveyance lots, plus any remainder, without obtaining subdivision approval; and
(3) If subsequent to April 23, 1963, two or more lots plus the remainder were created from the separate parcels, then no further lots may be created without obtaining subdivision approval; and if only one lot was created from a separate parcel, then one additional lot plus the remainder may be created from that parcel without obtaining subdivision approval.
(C) Additional requirements. The Planning and Zoning Commission may impose any additional requirements on a proposed plan for subdivision as it finds necessary as conditions of approval.
(D) Compliance. Prior to recordation of a plat, the developer shall demonstrate compliance with all applicable chapters of the County Code, state and federal statutes and regulations, or enter into a binding agreement with the county to ensure compliance.
(E) Plat modification or reassembly.
(1) The Director, at his or her discretion, may waive:
(a) The requirement of seeking approval from the Planning and Zoning Commission for a modification, plat reassembly, or other adjustment, correction, or change to a subdivision plat recorded among the Land Records of Carroll County .
1. This waiver may be applied even though the subdivision plat contains a general note requiring any modification or plat reassembly to be subject to the approval of the Planning and Zoning Commission or other similar language as determined by the County Attorney.
2. This waiver may be applied even though the Planning and Zoning Commission imposed a condition of approval requiring any changes in the preliminary or final plan to be resubmitted to the Planning and Zoning Commission for further review and approval or other similar condition as determined by the County Attorney.
(b) The requirement of recording an amended plat. This waiver may be applied to modifications, adjustments, corrections, or changes to minimum building lines, setbacks, drainage and utility easements for which applicable administrative adjustments may be granted by the Zoning Administrator or the Board of Zoning Appeals, or other similar changes as determined by the Director.
(2) The denial of a waiver request does not constitute an order, requirement, decision, or determination made by an administrative official, for the purposes of § 158.133. If a waiver request is denied by the Director, the modification, plat reassembly, or other change to a subdivision plat may be presented to the Planning and Zoning Commission and a decision of the Planning and Zoning Commission may be appealed to the Board of Zoning Appeals in accordance with § 158.133.
(Ord. 2022-19, passed 10-20-2022)