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CHAPTER 1. GENERAL PROVISIONS - REGULATIONS
CHAPTER 1A. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS
CHAPTER 2. ADMINISTRATION - REGULATIONS
CHAPTER 2B. AGRICULTURAL LAND PRESERVATION - REGULATIONS
CHAPTER 3. AIR QUALITY CONTROL - REGULATIONS
CHAPTER 3A. ALARMS - REGULATIONS
CHAPTER 5. ANIMAL CONTROL - REGULATIONS
CHAPTER 8. BUILDINGS - REGULATIONS
CHAPTER 8A. CABLE COMMUNICATIONS - REGULATIONS
CHAPTER 10B. COMMON OWNERSHIP COMMUNITIES - REGULATIONS
CHAPTER 11. CONSUMER PROTECTION - REGULATIONS
CHAPTER 11A. CONDOMINIUMS - REGULATIONS
CHAPTER 11B. CONTRACTS AND PROCUREMENT - REGULATIONS
CHAPTER 13. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS
CHAPTER 15. EATING AND DRINKING ESTABLISHMENTS - REGULATIONS
CHAPTER 16. ELECTIONS - REGULATIONS
CHAPTER 17. ELECTRICITY - REGULATIONS
CHAPTER 18A. ENERGY POLICY - REGULATIONS
CHAPTER 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT - REGULATIONS
CHAPTER 19A. ETHICS - REGULATIONS
CHAPTER 20 FINANCE - REGULATIONS
CHAPTER 21 FIRE AND RESCUE SERVICES - REGULATIONS
CHAPTER 22. FIRE SAFETY CODE - REGULATIONS
CHAPTER 22A. FOREST CONSERVATION - TREES - REGULATIONS
CHAPTER 23A. GROUP HOMES - REGULATIONS
CHAPTER 24. HEALTH AND SANITATION - REGULATIONS
CHAPTER 24A. HISTORIC RESOURCES PRESERVATION - REGULATIONS
CHAPTER 24B. HOMEOWNERS’ ASSOCIATIONS - REGULATIONS
CHAPTER 25. HOSPITALS, SANITARIUMS, NURSING AND CARE HOMES - REGULATIONS
CHAPTER 25A. HOUSING, MODERATELY PRICED - REGULATIONS
CHAPTER 25B. HOUSING POLICY - REGULATIONS
CHAPTER 26. HOUSING AND BUILDING MAINTENANCE STANDARDS - REGULATIONS
CHAPTER 27. HUMAN RIGHTS AND CIVIL LIBERTIES - REGULATIONS
CHAPTER 27A. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS
CHAPTER 29. LANDLORD-TENANT RELATIONS - REGULATIONS
CHAPTER 30. LICENSING AND REGULATIONS GENERALLY - REGULATIONS
CHAPTER 30C. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS
CHAPTER 31. MOTOR VEHICLES AND TRAFFIC - REGULATIONS
CHAPTER 31A. MOTOR VEHICLE REPAIR AND TOWING REGISTRATION - REGULATIONS
CHAPTER 31B. NOISE CONTROL - REGULATIONS
CHAPTER 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY - REGULATIONS
CHAPTER 33. PERSONNEL AND HUMAN RESOURCES - REGULATIONS
CHAPTER 33B. PESTICIDES - REGULATIONS
CHAPTER 35. POLICE - REGULATIONS
CHAPTER 36. POND SAFETY - REGULATIONS
CHAPTER 38A. RADIO, TELEVISION AND ELECTRICAL APPLIANCE INSTALLATION AND REPAIRS - REGULATIONS
CHAPTER 40. REAL PROPERTY - REGULATIONS
CHAPTER 41. RECREATION AND RECREATION FACILITIES - REGULATIONS
CHAPTER 41A. RENTAL ASSISTANCE - REGULATIONS
CHAPTER 42A. RIDESHARING AND TRANSPORTATION MANAGEMENT - REGULATIONS
CHAPTER 44. SCHOOLS AND CAMPS - REGULATIONS
CHAPTER 44A. SECONDHAND PERSONAL PROPERTY - REGULATIONS
CHAPTER 45. SEWERS, SEWAGE DISPOSAL AND DRAINAGE - REGULATIONS
CHAPTER 47. VENDORS - REGULATIONS
CHAPTER 48. SOLID WASTES - REGULATIONS
CHAPTER 49. STREETS AND ROADS - REGULATIONS
CHAPTER 50. SUBDIVISION OF LAND - REGULATIONS
CHAPTER 51 SWIMMING POOLS - REGULATIONS
CHAPTER 51A. TANNING FACILITIES - REGULATIONS
CHAPTER 52. TAXATION - REGULATIONS
CHAPTER 53. TAXICABS - REGULATIONS
CHAPTER 53A. TENANT DISPLACEMENT - REGULATIONS
CHAPTER 54. TRANSIENT LODGING FACILITIES - REGULATIONS
CHAPTER 55. TREE CANOPY - REGULATIONS
CHAPTER 56. URBAN RENEWAL AND COMMUNITY DEVELOPMENT - REGULATIONS
CHAPTER 56A. VIDEO GAMES - REGULATIONS
CHAPTER 57. WEAPONS - REGULATIONS
CHAPTER 59. ZONING - REGULATIONS
CHAPTER 60. SILVER SPRING, BETHESDA, WHEATON AND MONTGOMERY HILLS PARKING LOT DISTRICTS - REGULATIONS
MISCELLANEOUS MONTGOMERY COUNTY REGULATIONS
TABLE 1 Previous COMCOR Number to Current COMCOR Number
TABLE 2 Executive Regulation Number to Current COMCOR Number
TABLE 3 Executive Order Number to Current COMCOR Number
INDEX BY AGENCY
INDEX BY SUBJECT
County Attorney Opinions and Advice of Counsel
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DIVISION 50.6. ADMINISTRATIVE SUBDIVISION PLAN
Section 6.1. Applicability
   The subdivider may file an administrative subdivision plan application under the following circumstances. Administrative subdivision plans may only be used to create lots, as expressly described below.
   A.   Existing places of worship and institutional uses. A lot may be created for existing facilities such as places of worship, private schools, country clubs, private institutions, and similar uses located on unplatted parcels if:
      1.   the applicable requirements for adequate public facilities under Section 4.3.J are satisfied before approval of the plat;
      2.   any required road dedications, or covenants for future dedications, are shown on the record plat;
      3.   forest conservation plan approval and stormwater management and environmental protection requirements, if applicable, are satisfied before approval of the plat;
      4.   it is located in a special protection area and all applicable special protection area requirements and guidelines are satisfied before approval of the plat;
      5.   a landscaping and lighting plan including the parking lot layout is submitted for Planning Department Staff approval before approval of the plat; and
      6.   all conditions of any conditional use approval, to which the property may be subject, remain in full force.
   B.   Subdivision for creation of certain residential lots located in the Agricultural Reserve zone. Up to 5 lots for detached houses may be created under these procedures in the AR zone if:
      1.   written approval for a proposed well and septic area is received from the Department of Permitting Services before approval of the plat;
      2.   any required road dedications and public utility easements along the frontage of the proposed lots are shown on the record plat, and the applicant provides any required improvements;
      3.   the requirements for adequate public facilities under Section 4.3.J are satisfied before approval of the plat;
      4.   a covenant is recorded for the unplatted balance of the tract noting that density and development rights have been used for the new lots and noted on the record plat for the lots;
      5.   lots created in the AR zone through this procedure are 5 acres or less, unless approved by the Board; and
      6.   forest conservation plan approval and stormwater management and environmental protection requirements, if applicable, are satisfied before approval of the plat.
   C.   Subdivision for creation of certain residential lots. Up to 3 lots for detached houses may be created in any residential or rural residential zone under these procedures if:
      1.   the lots are approved for standard method development;
      2.   written approval for any proposed well and septic area is received from the Department of Permitting Services, Well and Septic Section before approval of the plat;
      3.   any required road dedications and associated public utility easements are shown on the plat and the applicant provides any required improvements;
      4.   the requirements for adequate public facilities under Section 4.3.J are satisfied before approval of the plat; and
      5.   forest conservation plan approval, stormwater management, and environmental protection requirements, if applicable, are satisfied before approval of the plat.
   D.   Consolidation of an existing lot with another lot or part of a lot in a nonresidential zone. In a nonresidential zone, a lot may be created by combining existing adjoining lots, or a lot and a part of a previously platted lot, if:
      1.   the lots or parts of lots are:
         a.   created by the same subdivision, and any applicable conditions of the original subdivision approval, including limits on density, remain in effect; or
         b.   created by a subdivision approval without specific density limits and the new lot is limited to the density of the existing development;
      2.   any required road dedications and public utility easements along the frontage of the proposed lots are shown on the record plat, and the applicant must provide any required improvements;
      3.   where new development is proposed, the requirements for adequate public facilities under Section 4.3.J are satisfied before approval of the plat;
      4.   forest conservation plan, stormwater management, and environmental protection requirements, if applicable, are satisfied before approval of the plat; and
      5.   when located in a special protection area, all applicable special protection area requirements and guidelines are satisfied before the Board approves the plat.
For the purposes of this section, a part of a lot that qualifies for the exemption stated in Subsection 3.3.B.2 may be used in lieu of a whole lot.
   E.   Subdivision application for property to be used as Signature Business Headquarters under Section 3.5.8.D of the Zoning Ordinance. A lot or lots created for a Signature Business Headquarters may be approved if:
      1.   the Planning Board approves a Signature Business Headquarters plan under Section 59-7.3.5, including a finding of adequate public facilities under the standards of Section 50-4.3.J, before approval of the plat;
      2.   any required road dedications, or covenants for future dedications, and associated public utility easements are shown on the record plat;
      3.   forest conservation plan approval, stormwater management, and environmental protection requirements, if applicable, are satisfied before approval of the plat; and
      4.   when located in a special protection area, all special protection area requirements are satisfied before approval of the plat.
   F.   Subdivision application for property to be used as Biohealth Priority Campus under Section 3.5.8.E of the Zoning Ordinance. A lot created for a Biohealth Priority Campus may be approved if:
      1.   the Planning Board approves a Biohealth Priority Campus plan under Section 59-7.3.6, including a finding of adequate public facilities under the standards of Section 50-4.3.J, before approval of the plat;
      2.   any required road dedications, or covenants for future dedications, and associated public utility easements are shown on the record plat;
      3.   forest conservation plan approval, stormwater management, and environmental protection requirements, if applicable, are satisfied before approval of the plat; and
      4.   when located in a special protection area, all applicable special protection area requirements and guidelines are satisfied before approval of the plat.
   G.   Subdivision application for property to be used as a Mixed-Income Housing Community under Section 3.3.4 of the Zoning Ordinance. A lot created for a Mixed-Income Housing Community may be approved if:
      1.   the Planning Board approves a Mixed-Income Housing Community plan under Section 59-7.3.7, including a finding of adequate public facilities under the standards of Section 50-4.3.J, before approval of the plat;
      2.   any required road dedications, or covenants for future dedications, and associated public utility easements are shown on the record plat;
      3.   forest conservation plan approval, stormwater management, and environmental protection requirements, if applicable, are satisfied before approval of the plat; and
      4.   when located in a special protection area, all applicable special protection area requirements and guidelines are satisfied before approval of the plat. (Ord. No. 13-57, §4; Ord. No. 16-54; Ord. No. 17-10, §1; Ord. No. 17-30, §1; Ord. No. 17-32, §1; Ord. No. 18-19, §2; Ord. No. 18-46, §1; Ord. No. 19-22, §5; Ord. No. 19-28, §1; Ord. No. 20-04, § 1.)
Section 6.2. Filing Requirements
   A.   Filing. The Applicant must file the administrative subdivision plan and applicable supporting information under Subsection 4.1.C, together with an application form and fee to satisfy Subsection 4.1.A.
   B.   Application processing.
      1.   The applicant must submit an initial application to the Director. The Director must review the application for completeness within 5 days after receipt. An application is incomplete if any required element is missing or is facially defective, e.g., a drawing that is not to scale. The assessment of completeness must not address the merits of the application.
      2.   The applicant must resubmit a revised application within 10 days from the date of the written rejection, or the application will be automatically withdrawn. The Director must review the revised application for completeness within 5 days after receipt.
      3.   The administrative subdivision plan is deemed filed when the application has been accepted as complete for review.
      4.   Public notice is required per a regulation approved under Section 10.1.
   C.   The drawing. An administrative subdivision plan must contain sufficient information relevant to the aspects of the submission. The plan must include the generalized layout of the subdivision and any other features or information needed to support submission of a plat. (Ord. No. 13-57, §4; Ord. No. 16-54; Ord. No. 17-10, §1; Ord. No. 17-30, §1; Ord. No. 17-32, §1; Ord. No. 18-19, §2; Ord. No. 19-22, §5.)
Section 6.3. Approval Procedures
   A.   Referral of plan. Immediately after accepting an application, the Director must send a copy to the Development Review Committee and other reviewing agencies for the agencies’ comments concerning the plan. The Development Review Committee must provide recommendations to the Director on the administrative subdivision plan at or before the committee meeting.
   B.   Action on an administrative subdivision plan.
      1.   Director Action. An administrative subdivision plan may be approved by the Director without a public hearing if no objection to the application is received within 30 days after the application notice is sent. After receiving the recommendations of the Development Review Committee and other reviewing agencies, and considering correspondence from other interested parties, the Director must approve or disapprove the administrative subdivision plan in writing.
      2.   Planning Board Action. If an objection is received within 30 days after the application notice is sent, and the Director considers the objection relevant, a public hearing and action by the Board is required. The Director may also require that the plan be acted on by the Board when no objection is received. When applicable, the Director must schedule a Board hearing on its next available agenda.
      3.   All necessary improvements to support the development must be completed or assured under Section 10.2.
      4.   The Director must take action on an administrative subdivision plan or schedule a public hearing within 90 days after the date an application is accepted. The Director may postpone the public hearing once, by up to 30 days, without Board approval. The Director or applicant may request an extension beyond the original 30 days with Board approval. Any extension of the public hearing must be noticed on the hearing agenda with the new public hearing date indicated.
      5.   In making the findings required in Subsection 6.3.C, the Director or Board must consider the technical requirements under Section 4.3. In performing this review, the Director is authorized to perform any relevant action that is permissible to the Board under Section 4.3, except for the following:
         a.   Section 4.3.C.1.b, with respect to flag lots;
         b.   Section 4.3.C.1.c, with respect to lots without frontage on a public or private road; and
         c.   Section 4.3.D.5, with respect to reservation of land for public use.
   C.   Required Findings. To approve an administrative subdivision plan, the Director or Board must make the following findings:
      1.   the layout of the subdivision, including size, width, shape, orientation and density of lots, and location and design of roads is appropriate for the subdivision given its location and the type of development or use contemplated and the applicable requirements of Chapter 59;
      2.   the administrative subdivision plan substantially conforms to the master plan;
      3.   public facilities will be adequate to support and service the area of the subdivision;
      4.   all Forest Conservation Law, Chapter 22A requirements are satisfied;
      5.   all stormwater management, water quality plan, and floodplain requirements of Chapter 19 are satisfied;
      6.   any burial site of which the applicant has actual notice or constructive notice or that is included in the Montgomery County Cemetery Inventory and located within the subdivision boundary is approved under Subsection 4.3.M; and
      7.   any other applicable provision specific to the property and necessary for approval of the subdivision is satisfied.
   D.   Plan certification. Every administrative subdivision plan approved by the Board or the Director must be certified by the Director to confirm that the plan reflects the approval. Any modification of the plan conditioned by the approval must be included in the plan before receiving the approval stamp. The approved plan must be filed in the records of the Board.
   E.   Amendments. Any amendment to an approved administrative subdivision plan must follow the procedures, meet the criteria, and satisfy the requirements of this Division.
   F.   Plan validity.
      1.   Initiation date. The plan validity period for administrative subdivision plans starts on the later of:
         a.   30 days from the date of mailing indicated on the Director’s written approval or the Board’s resolution; or
         b.   the date upon which the court having final jurisdiction acts, including the running of any further applicable appeal periods, if an administrative appeal is timely noted by any party authorized to file an appeal.
If a corrected resolution is issued, the initiation date remains the date of mailing indicated on the original resolution.
      2.   Duration.
         a.   An approved administrative subdivision plan remains valid for 3 years after its initiation date.
         b.   An administrative subdivision plan is validated when the applicant has secured all government approvals necessary to record a plat, and a plat for all property shown on the plan has been recorded in the County Land Records.
         c.   Any extension of the validity period must follow the procedures of Subsection 4.2.H.
         d.   For any action taken by the Director or Board to amend a previously approved administrative subdivision plan, the Director or Board will determine, on a case-by-case basis, whether the validity period should be extended and, if so, for what duration. In making the determination, the Director or Board must consider the nature and scope of the requested amendment.
         e.   Failure to timely validate or extend the validity period of an administrative subdivision plan is governed by Subsection 4.2.I.
   G.   Revocation or vacation of an administrative subdivision plan.
      1.   Revocation of an administrative subdivision plan must satisfy Subsection 4.2.J.
      2.   Vacation of an administrative subdivision plan must satisfy Subsection 4.2.K.
   H.   Appeal of an administrative subdivision plan.
      1.   Appeal to the Planning Board. After the Director issues a written decision on an administrative subdivision plan, an applicant or party who testified or submitted testimony on the plan may appeal the decision to the Board within 30 days.
      2.   Hearing. The Board must hold a de novo hearing on the appeal. The Board must adopt a written resolution explaining its decision. For purposes of judicial review, the decision of the Board is the final agency action. (Ord. No. 13-57, §4; Ord. No. 16-54; Ord. No. 17-10, §1; Ord. No. 17-30, §1; Ord. No. 17-32, §1; Ord. No. 18-19, §2; Ord. No. 19-22, §5.)
DIVISION 50.7. MINOR SUBDIVISION
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