(A) The Director may approve minor subdivisions of land and/or minor adjustments in lot lines without the necessity of the subdivider following the separate preliminary plan procedures under this chapter, subject to the requirements listed in subsection (B) below.
(B) A property owner may apply to the Division for approval of up to 5 lots by submitting a combined preliminary/final plat; provided that the proposed subdivision does not involve a proposed new street or highway, does not propose or require a public water or sewer reclassification, and the property does not lie within any proposed park or recreation area. The combined preliminary/final plat application shall be submitted on forms provided and fees shall be paid as required under § 1-16-46 of this Code. The combined preliminary/final plat shall follow all requirements of a normal preliminary plan and final plat as specified in this chapter. The combined preliminary/final plat shall also contain the following information.
(1) Topographic information according to the following:
(a) Existing topography at 2 or 5 foot contour intervals. Elevations shall be based on government bench marks when available within 1,000 feet of property or if greater than 1,000 feet then by estimation from U.S. Geological Survey (USGS) quadrangle maps. Datum shall be stated in all cases together with elevation. Source of contours shall be stated on the plat, such as field run topo, or aerial topo, and the date thereof. Interpolation contours from USGS quadrangle maps will not be accepted.
(b) On residential lots of less than 2 acres with new features, contour lines shall be indicated 25 feet beyond lot lines.
(c) On residential lots of 2 or more acres with new features, topography shall be shown for the proposed developmental area of the lot and 100 feet beyond the house site, septic area, well, driveway, entrance, and panhandle of the lot(s).
(d) On residential plats, where house, well, septic area, and driveways are existing, topographic information is not required except over any new panhandles or if requested by the Division or the Health Department.
(e) Plats of institutional, commercial and industrial lots shall show full topography, extending 25 feet beyond the property line.
(f) On minor subdivisions or combined preliminary/final plats, topographical information shall be provided as above, but may be deleted from the plat prior to recording.
(2) All existing pertinent features either natural or manmade that may influence the design of the subdivision, including important trees or wooded areas, easements, power transmission towers, existing buildings and structures and water courses.
(3) Location of existing utilities (including gas, water and sewer lines and electric and telephone poles and wires) and recorded utility easements on or within 100 feet of the tract with approximate pipe sizes and directions of gravity flow indicated.
(4) Location and extent of stormwater management measures.
(5) Soil type(s) information shall be provided and appropriate boundaries shown on the plat. In the event that residential structures are proposed on or within 100 feet of “wet soils,” then a soils delineation report prepared by a licensed soil scientist or professional engineer registered in the State of Maryland may be required at the time of building permit application.
(6) If a residential structure(s) with a basement(s) is proposed within “wet soils,” the developer must:
(a) Perform 1 of the following at the time of building permit application:
1. Construct a gravity drainage system in accordance with the Frederick County Building Code (Chapter 1-6); or
2. Utilize another similar solution acceptable to the Division; or
3. Submit a geotechnical report by a registered professional engineer in the State of Maryland; and
(b) Place a note on the plat stating that construction of a residential structure with a basement within 100 feet of the wet soils boundary may require a geotechnical report and gravity drainage systems (or other similar solution acceptable to the County) at the time of building permit application.
(7) The locations of existing or planned facilities shown in the Comprehensive Plan that may be located on the subject property, including roads, trails, transit lines, and parks.
(C) The Planning Commission shall require that the major subdivision procedures be followed in the event that any subsequent or concurrently submitted plat brings the number of lots off the original parcel to 6 or more, except when the application proposes 5 or fewer lots and involves no new streets or when a new public water or sewer reclassification is proposed or required. If these requirements are met, the plat may be processed as a combined preliminary/final plat with approval by the Planning Commission. The subject property must be posted according to the regulations found in § 1-16-71(E) of this chapter. Percolation testing and well drilling shall not be conducted on major subdivision applications until the lot layout is approved by the Planning Commission.
(D) The Planning Commission shall require that the remainder be shown as stated in the appropriate section below.
(1) If less than 5 acres of land remain in the original parcel after the lots are excluded, then all the tract (lots and remainder) must be platted.
(2) If more than 5 acres of land remain in the original parcel after the lots are excluded, then the owner is not required to plat the remaining acreage. The owner shall provide a sketch of the tax map showing the entire acreage and the location of the lots being platted and any previously platted lots.
(3) If the remainder has no further subdivision rights the remainder shall bear a statement to the effect that the remainder cannot be further subdivided unless rezoned.
(E) The Planning Commission shall require the preliminary plan procedure to be followed if the minor subdivision is not in the combined preliminary/final plat form. Preliminary plans for minor subdivisions will be reviewed within the time periods shown in § 1-16-71(B) and (C).
(F) A minor subdivision shall remain immune from any changes to this chapter for 5 years from the date of the original submission of the minor subdivision application to the Division.
(G) A combined preliminary/final plat application shall be valid for 5 years or the period of APFO approval, whichever is less. If the plat is not recorded within this timeframe, the application will become void.
(H) If the minor subdivision application proposes the creation of more than one new lot, it shall be the responsibility of the applicant to place a public notice sign for all minor subdivision applications within 10 feet of each property line that abuts a public road. If the property does not abut a public road, a sign shall be placed in such a manner so that it may be most readily seen by the public.
(1) The Division of Permitting and Development Review shall provide the required sign(s).
(2) The sign(s) shall include the project name, case number, a description of the application, staff contact information, and a final date and time for requesting information concerning the minor subdivision.
(3) The sign(s) shall be placed on the property within 10 business days after the date on which the first agency review comments are sent to the applicant. The sign(s) shall remain on the property for at least 30 days. Failure to post the sign(s) as required will preclude further review of the application.
(4) The sign(s) shall be affixed to a rigid board and maintained at all times by the applicant until the final date and time noted on the sign for requesting information concerning the minor subdivision.
(5) The applicant shall file a notarized affidavit certifying that the required sign(s) has been posted for the required 30 day period.
(6) If any person removes or tampers with a posted sign during the posting period, that person, upon conviction, shall be guilty of a misdemeanor.
(I) Whenever a previously recorded lot or lots are being resubdivided to create an additional lot or lots, then a plat of resubdivision shall be filed in accordance with the requirements under this chapter. The plat shall be approved by those agencies normally approving preliminary plans and final plats and recorded by the Division, together with a notation on the plat, which shall make reference to the plat book and page number of the original plat. Changes occurring as a result of highway, road, or street improvements which require additional right-of-way shall not require a resubdivision plat to be recorded, but may require approval and recording of a road dedication or road amendment plat. Resubdivision shall not be permitted in residential cluster development if the lot areas will be reduced below those lot areas shown on the originally recorded final plat.
(1959 Code, § 38A-24) (Ord. 79-70-136, 5-8-1979; Ord. 80-15-167, 6-10-1980; Ord. 81-44-234, 12-22-1981; Ord. 83-18-285, 6-14-1983; Ord. 90-02-600, 3-8-1990; Ord. 95-15-139, 8-1-1995; Ord. 96-17-169, 8-6-1996; Ord. 00-20-262, § 1, 7-18-2000; Ord. 05-27-388, 10-25-2005; Ord. 08-01-477, 1-8-2008; Ord. 10-23-558, 10-19-2010; Ord. 12-25-620, 9-27-2012; Ord. 14-23-678, 11-13-2014)