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.)