(A) Concept subdivision plan.
(1) A developer/owner shall, prior to preparing and submitting a preliminary subdivision plan, present a concept plan of the proposed subdivision in compliance with this chapter. The concept plan shall be reviewed by the Technical Review Committee (TRC) and the Planning and Zoning Commission.
(2) After acceptance by the county for review of a concept plan, the project shall be reviewed for adequacy of public facilities, in accordance with Chapter 156.
(3) The requirements of division (1) above are not applicable to minor subdivisions, off conveyances, hangover parcels, and accessory dwelling units.
(4) Only one concept plan of subdivision may be accepted for review on any parcel at one time. Revised plans accepted by the Bureau shall supersede any previous submission of a plan.
(5) Sunset provision. A concept plan of subdivision shall become void 12 months after the concept plan is reviewed by the Planning and Zoning Commission unless a preliminary plan has been submitted and accepted for review.
(6) The plan shall document compliance with the following chapters or sections of the County Code. Concurrence must be documented by the applicable County agency prior to performing any activity regulated by the subject codes.
(a) Floodplain Management, Chapter 153;
(b) Forest Conservation, Chapter 150;
(c) Grading and Sediment Control, Chapter 152;
(d) Landscape Enhancement of Development, Chapter 157;
(e) Stormwater Management, Chapter 151; and
(f) Water Resource Management, Chapter 154.
(7) The plan shall include a graphic representation of information that illustrates the location and configuration of the site's environmental and physical characteristics to be verified by the county. The plan shall include the following information:
(a) Site topography illustrated at a scale of at least one inch: 200 feet with two-foot contour intervals;
(b) Slope areas between 15% and 25%;
(c) Any slopes on the site greater than 25%;
(d) Site vegetative cover types, including but not limited to forested, old field, pasture, scrub, hedge rows, and cultivated field;
(e) Any surface water bodies or watercourses located on the site, including lakes or impoundments and streams, swales, and ditches;
(f) Jurisdictional wetlands, including any wetlands of special state concern;
(g) Any public water supply reservoir watersheds that the site drains into;
(h) Any buffers required by this chapter or by COMAR;
(i) Any known habitat for any federal or state designated rare, threatened, or endangered plant or animal species, or a letter from the Natural Heritage Program of the Maryland Department of Natural Resources concluding that a lack of evidence exists to indicate a potential habitat;
(j) A forest stand delineation prepared for the site, in compliance with Chapter 150;
(k) Any wellhead protection areas;
(l) Any rock outcrops;
(m) Site soil types and boundaries;
(n) The extent and location of any carbonate rock areas;
(o) Any delineated 100-year floodplain;
(p) Any physical features on the sites, including but not limited to roads and driveways, buildings, stone walls, and any other feature;
(q) The location of any designated historic structure on the site as listed on the county's inventory of historic structures, sites, or districts or by the Maryland Historical Trust; and
(r) Any other information that is necessary as determined by the county.
(8) Carroll County coordinate system.
(a) Coordinates for off conveyances, subdivision plans, final subdivision plats, and supporting plans shall be based on the current Maryland Coordinate System, North American Datum.
(b) Elevations and topography for off conveyances, preliminary subdivision plans, final subdivision plats, and supporting plans shall be based on the current North American Vertical Datum.
(c) Coordinate and elevation values shall be provided in feet.
(d) Off conveyances, subdivision plans, final subdivision plats, and supporting plans shall show the following information:
1. One or more corners accurately tied by bearing and distance to a monument of the Carroll County control system; and
2. Four state coordinate system tick marks.
(B) Preliminary subdivision plan.
(1) Required. A preliminary plan shall be submitted to the Bureau. The preliminary plan shall address all review agency comments on the concept plan. Information shown on the preliminary subdivision plan shall include all requirements as may be required by the Bureau or the Planning and Zoning Commission.
(2) Off conveyance lot. If an owner of land being subdivided proposes to create an off conveyance lot, the proposed off conveyance shall be shown on the preliminary subdivision plan. If lots or tracts other than those indicated on the approved preliminary plan are intended to be off conveyances, a revised preliminary plan shall be submitted to the Planning and Zoning Commission for its review and approval prior to transfer of the lots or tracts.
(3) Approval process.
(a) The Bureau shall submit its findings and recommendations, together with those of the other review agencies concerned with the subdivision of land, to the Planning and Zoning Commission.
(b) In accordance with this chapter, the Planning and Zoning Commission shall approve or disapprove the preliminary subdivision plan or may approve it with modifications or conditions. If approval with modifications or conditions is the action of the Planning and Zoning Commission, a statement in writing shall be furnished by the Planning and Zoning Commission to the developer indicating the provisions with which the development shall comply.
(c) The Chair of the Planning and Zoning Commission may approve minor subdivisions on behalf of the Planning and Zoning Commission.
(d) If the preliminary subdivision plan is disapproved, the Planning and Zoning Commission shall notify the developer in writing of the reasons for the disapproval.
(e) Planning and Zoning Commission approval of a preliminary subdivision plan constitutes Planning and Zoning Commission approval of a preliminary subdivision plan only and does not guarantee any further approval.
(f) Certification provisions for the adequacy of public facilities in accordance with Chapter 156 shall be met at this time.
(4) Sunset provision.
(a) Time frame. A preliminary plan of subdivision shall become void 24 months after the date of Planning and Zoning Commission approval or as otherwise specified by the Planning and Zoning Commission, unless such plan has received final approval by the Planning and Zoning Commission and been recorded as a plat in the Land Records of Carroll County prior to the date specified by the Planning and Zoning Commission.
(b) Final approval. A preliminary plan of subdivision which was approved by the Planning and Zoning Commission prior to July 22, 2003, shall become void 24 months after July 22, 2003 or as otherwise specified by the Planning and Zoning Commission, unless such plan has received final approval by the Planning and Zoning Commission and been recorded as a plat in the Land Records of Carroll County.
(c) Preliminary approval. If a plan of subdivision has not received preliminary plan approval by the Planning and Zoning Commission prior to July 22, 2003, the subdivision shall meet all applicable regulatory requirements currently in effect and be subject to all review processes, including but not limited to public involvement conducted during at least one TRC meeting. If a plan of subdivision becomes void in accordance with division (4)(a) or (4)(b) above, the subdivision shall meet all applicable regulatory requirements currently in effect and be subject to all review processes, including but not limited to public involvement during at least one TRC meeting, at the time of resubmission of the plan.
(5) Extensions.
(a) Requests for extension. The Director may extend the time to obtain final approval or for recordation of the subdivision plat for successive one year periods provided there have been no changes in state or county laws, ordinances, or regulations which may affect the project. If the Director denies a request for extension or determines that there have been changes in state or county laws, ordinances, or regulations which may affect the project, then the Planning and Zoning Commission shall determine whether and to what extent an extension may be granted.
(b) Appeals. The Director's denial of a request for extension or determination does not constitute an order, requirement, decision or determination made by an administrative official for the purposes of § 158.133. If an extension request is denied by the Director, the request may be presented to the Planning and Zoning Commission and a decision of the Planning and Zoning Commission may be appealed to the BZA in accordance with § 158.133.
(6) Roadway dedication. Required dedication of land for roadway widening along existing public roads shall be made for the length of the subdivided lots in the A District. In all other districts, required dedication of land for roadway widening along existing public roads shall be made for the length of the original parcel being subdivided. The dedication shall be 30 feet from the centerline of an existing county road, unless modified by the Planning and Zoning Commission.
(7) Remaining portions. The developer shall not be required to plat remaining portions. All remaining portions shall, unless part of the subdivision plat, be depicted on an insert sketch as part of the notes on the subdivision plat.
(8) One at a time. Only one preliminary plan of subdivision may be accepted for review on any parcel at one time. Revised plans accepted by the Bureau shall supersede any previous submission of a plan.
(C) Final subdivision plan.
(1) After approval of the preliminary plan, the developer shall submit the final plans to the Bureau. The final plan and final plat shall be reviewed against and in conformance with the approved preliminary plan and all other applicable regulations.
(2) A proposed final subdivision plan submitted for Planning and Zoning Commission approval shall be prepared in accordance with these regulations and shall incorporate those changes or additions ordered by the Planning and Zoning Commission in its approval of the preliminary subdivision plan. The submission of the plan shall represent certification from the surveyor or engineer that all conditions of approval relating to the preparation of the final plan have been met, and indicating compliance with all applicable county, municipal, state, or federal requirements.
(3) The final subdivision plan shall include all of the area covered by the preliminary subdivision plan. If the project is phased in accordance with this chapter or conditions set by the Planning and Zoning Commission, only one phase may be accepted for review at one time.
(4) The submission of any final construction plans shall be accompanied by a copy of the proposed final subdivision plat. Prior to submission for Planning and Zoning Commission approval, the final construction plans must be approved by those reviewing agencies specified by the Planning and Zoning Commission.
(5) The approval process is as follows:
(a) Final plans need not be brought before the Planning and Zoning Commission for review of compliance with the approved preliminary plan and all other applicable regulations at its regular meeting, unless specifically requested by the Planning and Zoning Commission. If final plan review is not requested by the Planning and Zoning Commission, in accordance with this chapter, the Chairperson or the Secretary of the Planning and Zoning Commission shall be empowered to approve and sign the final plan upon confirmation from the Bureau that the plan meets all requirements of this chapter and all conditions for approval of such plat have been met, or shall disapprove the final subdivision plan or may approve it with conditions with respect to the timing of recordation or building permits. If approval with conditions is the action of the Planning and Zoning Commission or its designee, a statement in writing shall be furnished by the Planning and Zoning Commission or its designee to the developer indicating the provisions with which the development must comply.
(b) The Chair of the Planning and Zoning Commission may approve minor subdivisions on behalf of the Planning and Zoning Commission.
(c) If the final subdivision plan is disapproved, the Planning and Zoning Commission shall notify the developer in writing of the reasons for the disapproval.
(D) Final subdivision plat.
(1) Title and graphic information to be shown on the final subdivision plat shall be as required on the approved final subdivision plan except contour lines and shall clearly show all items required by Md. Code, Real Property Article, § 3-108 pertaining to the preparation of record plats.
(2) Space shall be provided on the final plat for the following signatures and dates:
(a) Certificate of land surveyor and owner's certificate;
(b) Approval of the Carroll County Health Department;
(c) Approval of the Planning and Zoning Commission; and
(d) Approval of the Department of Public Works, or its successor agency.
(3) The final subdivision plat shall be legibly and accurately prepared on archive quality media to a size of 18 inches by 24 inches, including a two-inch margin on the left side of the 18-inch width. The plat shall be to a scale acceptable to the Bureau, one inch equals 50 feet or one inch equals 100 feet, depending upon the size of the subdivision. The developer/owner shall file with the Bureau the necessary copies for recording and distribution as required by the Bureau.
(4) A certificate signed by the owner and by the surveyor shall be affixed to the plat as required by the Real Property Article.
(5) The final subdivision plat shall clearly show, with metes and bounds, that area abutting existing roads which is to be deeded to the county or the State Highway Administration for public use and shall be accompanied by a deed executed by the owner conveying the land so depicted.
(6) All streets shown on the final subdivision plat, in all districts, except A and C, shall be extended to the limits of the property as may be required by the Department of Public Works, or its successor agency, in accordance with the Design Manual or as may be required by the Planning and Zoning Commission.
(7) The UIC area location and width shall be accurately shown on the final subdivision plat with a note specifying those lots which will have use of a driveway in common with others and the limit of construction of all driveways in accordance with the PWA.
(8) The owner shall obtain approval for the creation of the off conveyance lot from the Bureau, and shall record the lot in the Land Records of Carroll County prior to recordation of the final subdivision plat. The final subdivision plat for the entire property shall show the off conveyance lot, with dashed lines indicating the property lines. The plat shall also show the owner's name, deed reference, and date of transfer.
(9) Prior to recordation of any final plat which includes open space intended to be deeded to the county, the developer/owner shall comply with the requirements of the open space conveyance checklist.
(10) As to any tract or parcel of land submitted for subdivision approval, final subdivision plats for all or parts thereof shall contain no more than 25 lots to be recorded for said tract or parcel per fiscal year, unless another number of lots is specifically authorized by the Planning and Zoning Commission.
(11) All plats shall also be submitted in a digital format compatible with the county's current geographic information system.
(12) Any easement or right-of-way required by this chapter or any other chapter of the County Code shall be secured and shown on the final plat.
(Ord. 2022-19, passed 10-20-2022)