A. The Board will consider subdivision of land as follows:
1. Except for an administrative or minor subdivision under Divisions 50.6 and 50.7, the subdivider must submit a complete preliminary plan application form and payment of the required fee.
2. The plat of all or part of an approved subdivision plan must be submitted with required supporting data and documents, a completed application form, and payment of the required fee.
B. Subdivision of part of a tract. The Director may reject a subdivision plan application for part of a tract if the size and shape of the property as submitted prevent designing a plan that will meet standards established by these regulations, and require all or a larger part of the tract to be platted to meet this Chapter, Chapter 49, or other laws or regulations.
C. Properties with a pending water or sewer category change request. The Director may reject a subdivision plan application for a property undergoing review by the Council for a water or sewer category change request, and require Council action to approve the request before a preliminary plan application is accepted.
D. Area within pending zoning map amendments. The Director may reject a subdivision plan if all or any part of the plan is located within the boundaries of a pending amendment to the zoning map. The subdivider may resubmit the plan immediately after the final disposition of the pending amendment. This Subsection must not apply if any map amendment is still pending 6 months after the date of the submission of the plan.
E. Area within pending master plan. The Board may defer action on a proposed subdivision plan application if all or any part of the plan is located in the boundaries of a pending master plan or master plan amendment. For purposes of this Section, a pending master plan or master plan amendment is the public hearing draft master plan or master plan amendment.
1. The subdivider may resubmit a proposed subdivision plan deferred under this Section to the Board either:
a. after the final disposition by the District Council of the pending master plan or master plan amendment; or
b. no later than 12 months from the date the Board approves the public hearing draft master plan or master plan amendment, unless there is a determination by the Board that the subdivision plan application presents a substantial conflict with the proposed public hearing draft master plan or master plan amendment, in which case the Board may defer a subdivision plan application for a maximum of 18 months from the date the Board approves the public hearing draft master plan or master plan amendment, but in no event beyond the period in Subsection a. (Mont. Co. Code 1965, §§104-9, 104-12; Ord. No. 5-164, §1; Ord. No. 7-55, §1; Ord. No. 10-47, §2; Ord. No. 10-60, §2; Ord. No. 10-73, §1; Ord. No. 10-78, §3; Ord. No. 11-53, §2; Ord. No. 12-12, §1; Ord. No. 13-57, §3; Ord. No. 13-65, §1; Ord. No. 14-8, §1; Ord. No. 15-67, §1; Ord. No. 16-10, §1; Ord. No. 16-26; §1; Ord. No. 16-35, §1; Ord. No. 17-04, §1; Ord. No. 71-31; §1; Ord. No. 17-36, §2; Ord. No. 18-04, §1; Ord. No. 18-19, §2; Ord. No. 19-22, §2.)
Editor’s note—Portions of Section 3.2, 3.6 and 4.3 [collectively, formerly §50-20] are quoted in Remes v. Montgomery County, 387 Md. 52, 874 A.2d 470 (2005). Portions of the above sections are cited in Waters Landing Ltd. Partnership v. Montgomery County, 337 Md. 15, 650 A.2d 712 (1994); are described in Donohoe Construction Company, Inc. v. Montgomery County Council, 567 F.2d 603 (4th Cir. 1977); and are cited in Logan v. Town of Somerset, 271 Md. 42, 314 A.2d 436 (1974).
Section 3.6 [formerly §50-23 and, prior to that, §104-12] is cited in Gruver-Cooley Jade Corporation v. Perlis, 252 Md. 684, 251 A.2d 589 (1969).
Ord. No. 19-12, § 3, states: Automatic Extensions.
(a) Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2009, or for which a timely application for an extension of the validity period was pending on March 31, 2009 is automatically extended for 8 years after the date when the validity period would otherwise have expired. This 8-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.
(b) Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2011, or for which a timely application for an extension of the validity period was pending on March 31, 2011, is automatically extended for 6 years after the date when the validity period would otherwise have expired. This 6-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.
(c) Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2013, or for which a timely application for an extension of the validity period was pending on March 31, 2013, is automatically extended for 4 years after the date when the validity period would otherwise have expired. This 4-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.
(d) Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2015 or for which a timely application for an extension of the validity period was pending on March 31, 2015, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended.
(e) Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on July 28, 2020, or for which a timely application for an extension of the validity period was pending on July 28, 2020, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.
Ord. No. 19-12, § 4, states: Automatic Extensions:
(a) Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2009, or for which a timely application for an extension of the validity period was pending on March 31, 2009, including any separate phase of a multi-phase plan, is automatically extended for 8 years after the date when the validity period would otherwise have expired. This 8-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.
(b) Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2011, or for which a timely application for an extension of the validity period was pending on March 31, 2011, including any separate phase of a multi-phase plan, is automatically extended for 6 years after the date when the validity period would otherwise have expired. This 6-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.
(c) Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2013, or for which a timely application for an extension of the validity period was pending on March 31, 2013, including any separate phase of a multi-phase plan, is automatically extended for 4 years after the date when the validity period would otherwise have expired. This 4-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.
(d) Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2015, or for which a timely application for an extension of the validity period was pending on March 31, 2015, including any separate phase of a multi-phase plan, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended.
(e) Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on July 28, 2020, or for which a timely application for an extension of the validity period was pending on July 28, 2020, including any separate phase of a multi-phase plan, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended.