(A) The subdivider shall prepare a preliminary plan of the proposed subdivision conforming with the requirements set forth in this chapter and submit such plat to the Division using the application forms provided.
(B) At least 90 days prior to a scheduled meeting of the Planning Commission, the appropriate number of prints of the plan shall be filed with the Division, along with the appropriate fee and other required submissions, including, but not limited to, adequate public facilities ordinance studies, forest resource ordinance plans, sight distance studies, and stormwater management concepts.
(C) The division will transmit the preliminary plan to the appropriate agencies.
(D) The plan will be scheduled for a Technical Advisory Committee (TAC) meeting for review by agency representatives and representatives of the applicant, and the review period may be reduced to 60 days if:
(1) The developer waives the right to a Technical Advisory Committee (TAC) meeting and meets one of the following conditions:
(a) A sketch plan has been reviewed by the Planning Commission;
(b) There are not any required new public improvements; or
(c) The plan is a minor subdivision plan; or
(2) The Division staff determines, after the TAC meeting, that all county and Maryland State agency comments have been substantially addressed.
(E) It shall be the responsibility of the applicant to place a public notice sign within 10 feet of each property line which 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 shall provide the required sign(s).
(2) The sign(s) shall be placed on the property at least 30 days prior to the initial Planning Commission meeting at which the subdivision plan is to be considered.
(3) The sign(s) shall be affixed to a rigid board and maintained at all times by the applicant until the initial meeting is held.
(4) The applicant shall file a notarized affidavit certifying that the required signage has been posted.
(5) If any person removes or tampers with a posted sign during the posting period, that person, upon conviction, shall be guilty of a misdemeanor.
(F) It shall be the responsibility of the Division to distribute plans and information to other agencies, receive comments from those agencies and to notify the developer as to Technical Advisory Committee recommendations and the time, date and place of meetings and hearings regarding the development. All such meetings shall be open to the public.
(G) Each agency to which a plan is referred shall submit written recommendations denoting "approval," "conditional approval" or "disapproval" for stated reasons. If an agency recommendation is not made within the applicable timelines prescribed by the chapter, the Planning Commission or its authorized representatives may proceed to take action upon the plan without the recommendation of that agency.
(H) The preliminary plan will be checked by the Division as to its conformity with the Comprehensive Plan of the county; the requirements of the zoning and subdivision regulations of the county, including the intent and purpose of those regulations; and the recommendation of other federal, state and county agencies.
(I) At the regularly scheduled meeting of the Planning Commission, the Division will present the recommendations and findings of other agencies and the Division’s own recommendation of approval, conditional approval or disapproval of the preliminary plan.
(J) The Commission will act either to: approve, conditionally approve or disapprove the preliminary plan at a regular meeting. Approval is tentative involving the general acceptability of the layout submitted and shall in no way constitute approval of the final plat. It shall be effective for the period prescribed by § 1-16-71(Q).
(K) Approval shall be noted by the Commission signing the necessary copies of the preliminary plan determined by staff, one of which shall be returned to the subdivider and one retained by the Commission.
(L) If the Commission disapproves the preliminary plan, it shall set forth the reasons for disapproval in its records and provide the applicant with a copy.
(M) Conditional approval of a preliminary plan shall state the conditions or modifications necessary to satisfy the requirements of this chapter, and the actual approval and signing of the preliminary plan shall not be made until such conditions have been satisfied.
(N) The Planning Commission may continue a decision on a plan if there is a lack of information or if substantial changes are necessary to be performed in order to make the plan acceptable to the Commission.
(O) Any approved preliminary plan shall be exempt from any changes in this chapter or other applicable law for the period prescribed by § 1-16-71(Q) and any extensions of the approval period in accordance with § 1-16-71(Q). Notwithstanding anything to the contrary contained in this chapter, exemptions from changes in subdivision regulations or other applicable law shall not be extended beyond 5 years.
(P) The subdivider and concerned county agencies shall receive written notification as to approval, conditional approval, or disapproval of the plan.
(Q) Preliminary plan approval may be granted for the lesser of:
(1) Five years from the date of Planning Commission approval; or
(2) The period of adequate public facilities ordinance approval for the preliminary plan.
(R) The Planning Commission may, at their regular monthly meeting, grant an extension of the preliminary approval upon written application of the developer.
(1) In connection with such request, the Commission shall at a minimum consider the following:
(a) Change of adjoining land use;
(b) Change in street or highway plan; and
(c) Changes in applicable regulations.
(2) An extension shall be granted only when the developer has started construction of improvements which will be substantially affected by changes in applicable laws and regulations. Additional extensions may be granted by the Planning Commission. However, immunity from changes in applicable laws and regulations shall not be extended beyond 5 years from the date of the original preliminary plan approval.
(3) A request for extension of preliminary approval which requires adequate public facilities ordinance testing for water, sewer or traffic shall be filed at least 90 days prior to the end of the preliminary plan approval period.
(4) A request for extension of preliminary approval which does not require adequate public facilities ordinance testing for water, sewer or traffic shall be filed at least 45 days prior to the end of the preliminary plan approval period.
(5) The Division will endeavor to notify the subdivider 120 days prior to the deadline date for recording that the plan will become void if recordation does not take place. Failure of the Division to send this notice or to send it in a timely fashion shall not excuse the subdivider from its obligation to file any request for extension within the time frames described above.
(S) A disapproved or voided preliminary plan has no status and any further consideration or review submission shall be treated as a new application.
(T) An approved preliminary plan shall become void if all of the lots, streets, parcels, etc. shown on the preliminary plan are not platted and recorded in the land records in accordance with this chapter prior to the expiration of the preliminary plan approval.
(U) A Preliminary plan upon which no action has been taken by the Planning Commission shall become void 3 years after the date of application.
(V) Percolation testing and well drilling shall not be conducted prior to the submittal of the preliminary plan application nor before the lot layout is approved by the Planning Commission.
(1959 Code, § 38A-41(a)) (Ord. 81-44-234, 12-22-1981; Ord. 83-18-285, 6-14-1983; Ord. 95-27-151, 12-5-1995; Ord. 95-15-139, 8-1-1995; Ord. 00-20-262, 7-18-2000; Ord. 05-27-388, 10-25-2005; Ord. 10-23-558, 10-19-2010; Ord. 14-23-678, 11-13-2014)