(A) Final plat submission required.
(1) A final plat submission for each major subdivision must be filed by the applicant and reviewed in accordance with the provisions of this subchapter.
(2) A final plat shall only be submitted after a preliminary plat has been approved by the Planning Commission.
(B) Final plat submission deadline. See § 159.071(F).
(C) Filing and distribution.
(1) Required submission.
(a) The Planning Director shall publish application forms and a checklist of required information for final plats. The checklist shall include the information listed in this article and may include other items necessary to determine compliance with applicable county requirements. The checklist and revisions to the checklist shall be approved by the Planning Commission.
(b) The applicant shall file with the county staff at least 7 days prior to a regular Planning Commission meeting (not including workshop meetings) all of the required fees, plans and information.
(c) At least 1 paper copy shall include original signatures and seals of the applicant and plan preparer, which shall be marked “file copy” and which should be retained in the county files.
(2) The Subdivision Administrator shall forward applicable materials to the Planning Commission.
(3) Applicant distribution. The applicant shall provide copies of applicable plans to the County Health Department (if applicable) and the County Engineer at least 7 days prior to a regular Planning Commission meeting. It is the applicant's responsibility to meet all other federal, state and local requirements, including but not limited to:
(a) Making agreements with utility providers;
(b) Applying for any needed permit from the State Highway Administration for access to or work within a state road right-of-way;
(c) Applying to state environmental agencies for any permits that might be required; and
(d) Applying for permits under the county soil erosion and sediment control, floodplain and Stormwater ordinances.
(4) The final plat shall conform with the approved preliminary plat, including any conditions established by the Planning Commission.
(5) Revisions. A list of revisions from a previously submitted plat shall be provided whenever a revised plat is submitted.
(D) Determination of completeness.
(1) The Subdivision Administrator shall have authority to determine that a submission is significantly incomplete, to not complete the staff review, and to either:
(a) Not accept the submission, indicating some or all deficiencies in writing, and return the fee (minus the costs of any county review) to the applicant; or
(b) Accept the submission as being filed for review on the condition that the applicant files additional required information by a specific deadline. In such case, the maximum time limit for action by the county shall not begin until after all required materials have been submitted.
(2) Zoning variances.
(a) An application under this chapter shall not be considered to be complete for the purposes of the 30-day maximum time limit until after any needed zoning variances and Subdivision Ordinance modifications have been granted.
(b) A subdivision review shall not be delayed because of a court appeal of a zoning variance
that was granted to the developer.
(E) Review by county staff. The Subdivision Administrator should review the submission and prepare an initial report(s) to the Commission and the applicant or his/her representative. The County Engineer shall forward a copy of his/her review comments to the Subdivision Administrator prior to the Planning Commission meeting on the plan.
(F) Review and action by Planning Commission.
(1) Review. The Planning Commission should review any reports received from the staff and any reviewing agencies, and determine whether the submission complies with this chapter. At their option, the Commission may also consider compliance with other ordinances. The Planning Commission shall make sure that the signature of the Garrett County Health Officer or his/her designee has been placed on the plat before any action is taken.
(2) Revisions. The Planning Commission and staff may recommend some/all of any needed revisions needed for the submission to conform to this chapter or that would generally improve the plan.
(3) Action. The Commission shall approve the submission, approve the submission with conditions or reject the submission within any time limits established by state law.
(4) Notice to applicant. The decision of the Planning Commission shall be in writing and shall be communicated to the applicant personally or mailed to him/her at his/her last known address following the decision.
(5) Disapproval. If a final plat submission is disapproved, the decision shall specify at least 1 defect found in the submission, with a reference to a statute or ordinance relied upon. If a submittal is reasonably complete, then the county staff should endeavor to identify all obvious defects known to the staff.
(6) Dedications.
(a) The approval of the final plat by the Planning Commission shall not by itself constitute an acceptance of the dedication of any road or other proposed public way, space, or area.
(b) Any acceptance of dedication shall only occur after formal action by the Board of Commissioners at such time.
(7) Conditions. The Planning Commission may attach reasonable conditions to an approval to ensure the carrying out of the Comprehensive Development Plan, this chapter, other county ordinances, state laws and regulations, and to protect the public health and safety.
(G) Development in phases.
(1) If requested by the applicant, the Planning Commission may permit the applicant to submit final plats in a logical series of phases, provided that such phases comply with an approved preliminary plat for an entire development. Record plats shall not be phased, but shall be for the entire area of the approved final plat.
(2) If such phasing is permitted, each phase shall provide sufficient access, utilities and amenities to allow the development to properly function if future stages are not built.
(3) The boundaries of phases and the timing of related improvements shall be subject to the approval of the Planning Commission.
(H) Expiration. A final plat shall become void if a record plat is not recorded within 10 years of the final plat approval.
(Ord. —, passed 6-24-1997; Am. Ord. —, passed 7-13-1999; Am. Res. 2010-5, passed 5-25-2010)