Loading...
A. Minor lot line adjustment. The sale or exchange of part of a lot between owners of adjoining lots for the purpose of small adjustments in boundaries, if:
1. the total area of the adjustment is 5 percent or less of the combined area of the lots affected by the adjustment;
2. additional lots are not created;
3. the adjusted lot line is approximately parallel with the original lot line or, if it is proposed to intersect with the original line, it does not significantly change the shape of the lots involved;
4. the owner submits a scaled drawing for review and approval by the Director. The drawing may be a copy of the existing record plat and must contain the following information:
a. proposed lot line adjustment as a dashed line;
b. any buildings, driveways, or other improvements located within 15 feet of the proposed adjusted lot line;
c. any minimum building setback that would be altered by the minor lot line adjustment; and
d. the amount of lot area affected by the minor lot line adjustment;
5. The drawing is approved, revised, or denied by the Director in writing within 10 days after the drawing is submitted or it is deemed approved.
A record plat application must be submitted to the Director within 90 days after approval or the approval is void.
Any minor lot line adjustment between properties that occurred before May 19, 1997 remains as an exemption to platting under Subsection 3.3.B.3.
B. Conversion of an outlot into a lot. An outlot may be converted into a lot if:
1. the outlot is not required for open space or green area, or is otherwise constrained in a manner that prevents it being converted into a buildable lot;
2. there is adequate sewerage and water service to accommodate development on the lot;
3. all applicable requirements or agreements under the Adequate Public Facilities provisions in Subsection 4.3.J and the Growth and Infrastructure Policy are satisfied before recording the plat;
4. all applicable conditions or agreements applicable to the original subdivision approval creating the outlot apply to the new lot. The conditions and agreements may include, but are not limited to, any adequate public facilities agreement, conservation easement, or building restriction lines; and
5. if the outlot is located within a special protection area, all applicable special protection area requirements and guidelines, including the approval of a water quality plan, are satisfied before recording the plat.
C. Consolidation. Adjoining properties in the Rural Residential or Residential Detached zones, not developed under cluster provisions, may be combined in the following ways:
1. by consolidating 2 or more lots into a single lot, consolidating lots and an outlot into a single lot, or consolidating a lot and an abandoned road right-of-way, if:
a. any conditions applicable to the original subdivision remain in effect;
b. the number of trips generated on the new lot do not exceed those permitted for the original lots; and
c. any required right-of-way dedication is provided.
2. by consolidating a part of a lot that contains a legally constructed detached house or an existing platted lot with a piece of land created as a result of a deed, if:
a. the portion of land created by deed cannot itself be platted under the area and dimensional standards of the zone;
b. any conditions applicable to the existing lot remain in effect on the new lot;
c. any required road dedication is provided; and
d. the existing platted lot was not identified as an outlot on a plat.
D. Subdivision to reflect ownership. A recorded lot approved for a commercial, industrial, or multi-unit residential use may be resubdivided to create or delete an internal lot to reflect a change in ownership, deed, mortgage, or lease line if:
1. all conditions of approval for the original subdivision that created the lot remain in effect;
2. the total maximum number of trips generated on all new lots created will not exceed the number of trips approved for the lot in the original subdivision;
3. all land in the original subdivision lot is included in the plat; and
4. all necessary code requirements of Chapters 8, 19, and 22 are met and any necessary cross easements, covenants, or other deed restrictions necessary to implement all the conditions of approval on the lot in the original subdivision are executed before recording the plat.
E. Ownership Plat. An ownership plat may be recorded to delineate separate ownership units within a lot approved for any use except for single-unit living as follows:
1. Ownership units to reflect deed, mortgage, or lease lines may be created by an ownership plat if:
a. the lot on which the ownership units are created is included on a plat approved by the Board and has:
i. site plan approval under Section 59-7.3.4;
ii. conditional use approval under Section 59-7.3.1; or
iii. special exception approval under the Zoning Ordinance in effect before October 30, 2014;
b. the location and design of all structures on the ownership units satisfy Chapters 8, 19, and 22;
c. the ownership units do not violate any other provision of law or adversely affect any conditions of approval for the subdivision plan that created the underlying lot or any approval required by Subsection 7.1.E.1.a;
d. any necessary cross easements, covenants, or other deed restrictions necessary to implement all conditions of approval are executed before recording the ownership plat; and
e. the ownership units are suitable for the type of development, the use contemplated, and the available utilities and services.
2. Ownership units must be depicted on the ownership plat with metes and bounds descriptions inside the boundary of the underlying lot as shown on the record plat.
3. Private roads must not be delineated as a separate ownership unit on an ownership plat.
4. No person can record an ownership plat, or sell any property with reference to an ownership plat, until the plat has been approved by the Board and recorded in the land records.
5. The Board may apply conditions to the approval of an ownership plat.
6. An ownership unit created under this section is not:
a. a change to any condition of approval for the subdivision that created the lot in the original subdivision or any approval required by Subsection 7.1.E.1.a; or
b. used to establish building setbacks or to establish conformance with subdivision or zoning requirements.
F. Plat of correction. A plat of correction may be used for any of the following:
1. to correct inaccurate or incomplete information shown on a previously recorded plat, such as drafting or dimensional errors on the drawing; failure to include a required note, dedication, easement or other restriction; incorrect or omitted signatures; or other information normally required to be shown on a recorded plat. All owners and trustees of the land affected by the correction must sign the revised plat. In addition, the plat of correction must identify the original plat and contain a note identifying the nature of the correction;
2. to revise easements to reflect a Planning Board Action, or as necessitated by a State or County agency or public utility;
3. to improve clarity and legibility, the owner of any lands shown on a record plat may record an exact copy of the plat, except for necessary change of scale and the addition of any other necessary elements to make the plat conform to the requirements of this Chapter. The new plat must indicate that it is an exact copy of the original plat except for the changes made under this Subsection.
G. Pre-1958 parcels. An unplatted parcel created by deed before June 1, 1958, if the parcel is developable for only one detached house.
H. Creation of a lot from a part of a lot. A part of a previously recorded lot in a Residential Detached zone that was created as a result of a deed transfer of land from the lot may be converted into a lot if:
1. the part of lot was created by deed recorded before June 1, 1958, or
2. the part of lot contains a legally constructed detached house; and
3. all conditions or agreements applicable to the subdivision approval creating the original lot apply to the new lot. The conditions and agreements may include, but are not limited to, any adequate public facilities agreement, conservation easement or building restriction lines.
I. Unplatted Parcels With Existing Houses. In the R-90 and R-60 zones, an unplatted parcel containing an existing house may be converted into a lot under the minor subdivision procedure if:
1. any required road dedication along the frontage of the proposed lot is shown on the record plat;
2. there is adequate sewerage and water service to the property; and
3. the principal use of the property is single-unit living and any new construction on the lot is limited to a detached house. (Mont. Co. Code 1965, §17-8; 1894, ch. 622, §60G; 1912, ch. 790, §405; 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. 18-42, §1; 2021 L.M.C., ch. 3, §1; Ord. No. 19-22, §6.)
A. Additional considerations.
1. In the case of minor subdivisions, no additional improvements beyond those required for the original subdivision are required until development in excess of development in the original approval occurs.
2. Any lot created through the minor subdivision process and any lot replatted as part of a minor lot line adjustment must satisfy all applicable zoning requirements in Chapter 59.
3. Any applicable requirements of Chapter 22A must be satisfied before approval of the plat by the Board. (Ord. No. 18-19, §2; Ord. No. 19-22, §6.)
ARTICLE III. PLATS*
All subdivision of land must be recorded by plat in the County Land Records. The Clerk of the Circuit Court must only record plats approved under this Chapter. (Mont. Co. Code 1965, §104-7; Ord. No. 18-19, §2.)
Editor’s note—Division 50.8, derived in part from former Section 50-7 [prior to that, §17-1] is cited in Mattingly v. Hopkins, 254 Md. 88, 253 A.2d 904 (1969). Former Section 50-7 [prior to that, §§17-1 through 17-9] is cited in Maryland-National Capital Park and Planning Commission v. McCaw, 246 Md. 662, 229 A.2d 584 (1967). The predecessor section to the above Division is cited in Nohowel v. Hall, 218 Md. 160, 146 A.2d 187 (1958).
All boundaries, road right-of-way lines, lot lines, and any other pertinent lines must be shown together with sufficient data to locate each line and property corner on the ground.
A. Application and fee. The subdivider must file the plat drawing with the Board, together with the application form, supporting information, and the required plat fee. Any fees required by other County agencies in connection with their review of plats must also be paid.
B. Specifications.
1. The plat accompanying the application for approval must satisfy Section 8.1.C. The lack of information under any item specified or inadequate information supplied by the applicant may cause the Board to disapprove a plat.
2. The Board may approve guidelines for the preparation of a record plat.
C. Plat drawing. The plat drawing prepared with the application must be an 18-inch by 24-inch sheet, including a margin of one-half inch outside ruled border lines. It must be accurately drawn to a scale approved by the Board and must include the following:
1. Title block. The title block must appear in the lower right corner of the sheet and must include the following information:
----------
*State law reference—County exempted from general subdivision plat laws, Md. Ann. Code, Real Property Art., §3-108.
a. the words “Subdivision Record Plat”;
b. approved name of the subdivision and the Section thereof, including blocks, lots, parcels, and outlots;
c. election district, County and State, or name of town instead of election district, if the subdivision is in an incorporated town;
d. scale of drawing;
e. name of firm of land surveyor who prepared the plat and date of completion; and
f. a description of the general purpose of the plat, including, without limitation, plat of correction or resubdivision.
2. Graphic details. The plat must show the following, as applicable in each case:
a. all property boundary lines necessary to identify the property included in the subdivision, with a reference to the previous conveyance by which the property was acquired. Where the subdivision is a part of such conveyance, the boundaries shown must include the last complete line touched on by the subdivision or an indicated dimension describing the remainder of the complete line. Where a subdivision includes all or parts of 2 or more conveyances, the boundaries of such separate deed descriptions must be indicated by light lines running through the subdivision, together with deed reference to each original tract or unplatted parcel;
b. locations, widths, and names of all road rights-of-way located in the subdivision;
c. locations and widths of alley and mid-block pedestrian rights-of-way or parcels;
d. Existing and proposed encumbrances.
i. Existing. The area and recordation reference for recorded easements or rights-of-way established for public services, conservation purposes or utilities, and other known encumbrances;
ii. Proposed. Sufficient dimensions to identify the location of all easements or rights-of-way to be established by the plat and, as to each such encumbrance, the general purpose, and the grantee;
iii. Environmental. Description of any conservation easement, in addition to any 100-year floodplain and 100-year floodplain building restriction line required under Chapter 19, Article III;
e. any areas to be reserved for common use by residents of the subdivision or for general public use, with the purposes indicated;
f. bearings and lengths of all block and lot lines, together with the length of radii, arcs, and chords with chord bearings and central angles for all curves in the layout. A curve table must be used containing these data and referenced to the overall curves shown in the drawing.
i. All bearings shown on plats must be referenced to the Maryland Coordinate System, and the survey must be accurately referenced to such system using conventional survey methods or other technology acceptable to the Board, except that a plat of resubdivision requiring no preliminary plan approval and plats of correction may be referenced to the plat meridian used on the original record plat; and
ii. in all cases, the meridian used must be noted alongside the north arrow, which is required to be shown on each plat;
g. Maryland coordinate values, tied to the Maryland Coordinate System, for at least 4 corners of the plan of subdivision shown on the plat, unless the survey is referenced to a record plat meridian. The identification names or numbers and coordinate values for the control stations used must be shown. Coordinate values and distance dimensions on plats must be expressed in feet, based on the United States Survey Foot;
h. the location and nature of existing property corner markers found that coincide with property corners held referenced on the plat must be labeled as such;
i. lots numbered in sequential order. In tracts containing more than one block, the blocks must be lettered in alphabetical order. In case there is a resubdivision of lots in any block, such resubdivided lots must be numbered sequentially, beginning with the number following the highest
lot number in the block and the original lot lines shown dashed and original lot numbers shown dotted;
j. area in square feet, or other units shown on the plat, of each lot, outlot, parcel, or land dedicated to public use;
k. building setback lines, shown with dimensions, where they exceed the minimum required in Chapter 59, and any other building restriction lines that may apply;
l. bearings and lengths of tie connections between all blocks and the plat boundary;
m. names and locations of adjoining subdivisions with lot and block numbers of immediately adjoining lots, together with plat references;
n. location and apparent ownership of adjoining unsubdivided property with land record reference, or County Register of Wills or equity case references;
o. vicinity map showing location of subdivision, with roads in the immediate proximity labeled. In the case of a large subdivision requiring multiple plats, a key map must be included to show the location of the plat relative to the entire subdivision;
p. bar scale;
q. a note stating that the lots shown will have public water and sewer, or have been approved by the Department of Permitting Services for the installation of individual water supply systems or individual sewerage disposal systems;
r. for lots developed using transferable development rights, a statement concerning the number of development rights transferred and the following information:
i. the number of development rights transferred and the serial numbers of the development rights transferred;
ii. liber and folio reference to the transfer of development rights easement; and
iii. a notation of the recordation reference of a conveyance required by Section 59-4.9.15, as amended;
s. file number of the preliminary plan and, as applicable, the file numbers of the site plan and project or sketch plan upon which the plat is based;
t. tax map reference;
u. a table containing the total number and area in square feet of lots, outlots, or parcels included on the plat and areas dedicated to public use; and
v. any other element for inclusion on the plat that is authorized by law or regulation or required by the Board.
3. Surveyor certificate. Certificate by the land surveyor in a form required by the Board, certifying to the accuracy of the plat and to areas included on the plat and dedicated to public use. The certificate must also include conveyance information with recording references of the lands contained in the plat.
4. Owner’s Certificate. Certificate by the owner and all parties of interest, in a form required by the Board, adopting the plat; granting slope, utility, conservation, or any other easements; and establishing building restriction lines that are required to be drawn or noted on the plat per the conditions of the approved preliminary plan and dedicating to public use roads, alleys, rights-of-way, and any other areas approved for dedication to public use by the Board. The owner must certify that a land surveyor will be engaged to set all property corner markers under Subsection 4.3.G.
5. Title information notice. A statement indicating that the plat does not show every matter affecting or restricting the ownership and use of the property, and does not replace an examination of title or that it notes all matters affecting title.
6. Approval box. An approval box in a form required by the Board must be provided. The box must provide approval space for signatures by the Board and the Department of Permitting Services.
D. Multiple plats for a single subdivision. A plat may include only a portion of the approved preliminary plan if the portion covered is in substantial compliance with the approved staging schedule. The public improvements to be constructed in the area covered by the plat must be sufficient by themselves to support the development and to provide adequately for the health, safety, and convenience of the present and future residents and
for adequate access to contiguous areas, schools, and other public sites. Any plat filed under this Subsection must show any dedication to the intersection of all roads abutting corner lots or any other road.
E. Other supporting information. The following supporting information is also required with the plat application.
1. Documents and plans. The following documents and plans must be submitted:
a. copies of all resolutions of approved sketch, project, preliminary, and site plans upon which the plat is based;
b. copies of any covenants, restrictions, or joint-use and maintenance agreements that are in effect or may be recorded as part of the subdivision must be filed with the Board, together with any other supporting plans or documents required under this Chapter and Chapter 22A;
c. copies of approved final forest conservation plan or exemption letter; and
d. such other information required by the applicable resolutions of the Board as a condition of approval of the preliminary plan, project plan, sketch plan, or site plan or listed in the plat application form.
2. Preliminary plans using transferable development rights (TDRs). For a subdivision designated in sewer category 3 conditioned upon approval of a preliminary plan that uses TDRs, a new plat using less than the requisite number of TDRs must not be approved until the sewer category has been reconfirmed by the Council.
3. Submission of digital plat data. Digital plat data must be submitted in a format approved by the Director.
4. Plat for a cluster subdivision.
a. Any plat for a cluster subdivision must be accompanied by covenants, agreements, or other documents showing the ownership and method of maintenance and uses of areas that are declared to be open space for common use. Development, construction, or other rights in the open space areas must be limited to the indicated recreational or scenic uses only. Public access to these areas may be limited. Covenants or
agreements must be in perpetuity and must include necessary public utility easements.
b. Plats may be submitted in phases; however, density on any one plat must not exceed 115 percent of the allowed density of the area included on the plat.
c. Plats must contain a statement that the land shown on the plat lies within an approved cluster subdivision and resubdivision that would result in the creation of additional lots is not permitted after the property is platted.
d. Covenants or joint use and maintenance agreements affecting the common lands must be recorded simultaneously with the plat.
F. Application processing.
1. The applicant must submit a plat 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. The assessment of completeness must not address the accuracy of any of the elements or the merits of the application. The Director has the authority to reject the plat application if it does not contain the required information. The rejection must be in writing and specify the deficiencies.
2. The applicant must resubmit a revised plat application within 10 days from the date of the written rejection, or the application will be automatically withdrawn. (Mont. Co. Code 1965, §§104-25, 104-26; Ord. No. 7-41, §4; 1973 L.M.C., ch. 25, §8; Ord. No. 8-73, §3; Ord. No. 8-90, §1; Ord. No. 8-91, §2; Ord. No. 9-23, §2; Ord. No. 10-12, §3; Ord. No. 10-59, §1; Ord. No. 12-16, §1; Ord. No. 13-26, §1; Ord. No. 13-29, §1; Ord. No. 13-36, §1; Ord. No. 13-57, §5; Ord. No. 13-62, §1; Ord. No. 13-91, §5; Ord No. 13-113, §1; Ord. No. 14-37, §1; Ord. No. 14-50, §1; Ord. No. 18-19, §2; Ord. No. 19-22, §7.)
State law reference—Surveyor’s certificate for plats required, Md. Ann. Code, Real Property Art., §3-108(e).
Editor’s note—Section 8.1 [formerly §50-8] is analyzed in Remes v. Montgomery County, 387 Md. 52, 874 A.2d 470 (2005). The above section is cited in Logan v. Town of Somerset, 271 Md. 42, 314 A.2d 436 (1974). The predecessor to the above section was interpreted in Marathon Builders, Inc. v. Montgomery County Planning Board of the Maryland-National Capital Park and Planning Commission, 246 Md. 187, 227 A.2d 755 (1967). The predecessor section to the above section is cited in Schultz v. Montgomery County Planning Board, 230 Md. 76, 185 A.2d 502 (1962). The constitutionality of the above section was sustained in Symonds v. Bucklin, 197 F. Supp. 682 (D.Md. 1961).
Section 8.1 [formerly §50-36] is cited in Capital Commercial Properties, Inc. v. Montgomery County Planning Board, 158 Md. 88, 854 A.2d 283 (2004). Sections 4.1, 4.2 and 8.1 [formerly §§50-34 to 50-36 and, prior to that, §§104-23 through 104-25] are quoted in Gruver-Cooley Jade Corporation v. Perlis, 252 Md. 684, 251 A.2d 589 (1969).
See County Attorney Opinion dated 9/7/07 discussing methods of acquiring the construction of infrastructure for development districts.
A. Referral of the plat application. After accepting a plat application, the Director must begin review and send a copy to each agency that has review authority for roads, utilities, or other public services that will serve the proposed subdivision, for the agency’s recommendation concerning the plat.
B. Review and recommendation. The Director and other reviewing agencies must submit final recommendation on the plat application within 90 days after the date the application is accepted.
C. Plat to comply with approved preliminary plan and site plan where required.
1. With the exception of a minor subdivision, as defined in this Chapter, no plat may be approved unless it complies with an approved preliminary plan; however, the Board may allow for minor modifications from the plan which, in its opinion, do not alter the intent of the previous approval.
2. In those situations where a site plan is required, the Board may refuse to approve a plat until a site plan is approved under Section 59-7.3.4. Changes made to the lot layout of an approved preliminary plan as part of a site plan approval may be included on the plat without the need for amendment of the preliminary plan.
D. Road and storm drain plans. Before submitting a final plat, the applicant must obtain approval from the appropriate agency for the following plans:
1. final grade and profile plan for roads and pedestrian paths, except where the grades of the roads have already been established; and
2. a storm drainage concept plan.
E. Final plat. The applicant must submit a final plat legibly printed in black ink on a permanent, reproducible medium acceptable to the Director that incorporates the recommendations of the reviewing agencies.
F. Planning Board to act within 30 days. The Board must act to approve or disapprove a final plat within 30 days after its submittal; otherwise, the plat will be deemed approved. The applicant may waive this requirement and consent to an extension. If the plat is disapproved, the reasons must be stated in the minutes of the Board and provided to the applicant.
G. Planning Board may hold hearing on any plat. The Board may, upon its own motion, hold a hearing before acting upon any plat, in accordance with the Board’s Rules of Procedure.
H. Planning Board may give conditional approval. In the case of a plat requiring additional supporting data, the Board may give conditional approval, requiring the applicant to provide the Board with the supporting data.
I. Signing. A plat must be signed by applicable County agencies with review authority before Planning Board Action on the plat, unless the Board specifically permits the signature to be added as a condition of its approval. The plat must be signed by the authorized officers of the Board after the Board acts to approve the plat or, in cases of conditional approval, when the conditions are satisfied. (Mont. Co. Code 1965, §104-26; Ord. No. 7-41, §4; 1973 L.M.C., ch. 25, §8; Ord. No. 8-90, §1; Ord. No. 10-12, §3; Ord. No. 13-26, §1; Ord. No. 13-36, §1; Ord. No. 13-57, §5; Ord. No. 13-62, §1; Ord. No. 13-113, §1; Ord. No. 14-37, §1; Ord. No. 14-50, §1; Ord. No. 18-19, §2; Ord. No. 19-22, §7.)
Loading...