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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:
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*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.)
A. Processing of plats.
1. The Planning Department Staff must reproduce a sufficient number of copies of an original approved plat for applicable local agencies and the plat preparer.
2. The official seal of the land surveyor who prepared the plat must be impressed upon the original approved plat and reproductions.
B. Recordation. The reproductions required by the Clerk of the Circuit Court must be transmitted with the appropriate recording fee within 7 days following completion of processing for recordation in the land records. Once recorded, the original approved plat must be filed in the vault provided by the Commission and remain there, unless required by court order as an exhibit.
C. Indexing. The Clerk of the Circuit Court must record the plat and enter it in the general index of the land records. All plats filed and recorded must be indexed both in the name of the subdivision and in the name of the owners signing the plat.
D. Effect of filing. Plats, when filed and recorded under this Chapter, constitute a part of the land records of the County and have the same effect as properly recorded deeds. (Mont. Co. Code 1965, §§17-4, 17-6, 104-26; 1894, ch. 622, §§60C, 60E; 1912, ch. 790, §§401, 403; 1914, ch. 134; 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.)
Editor’s note—Section 8.3 [formerly §15-14 and, prior to that, §19-6] is cited in Nohowel v. Hall, 218 Md. 160, 146 A.2d 187 (1958). See also Perlmutter v. Bacas, 219 Md. 406, 149 A.2d 23 (1959).
A. Land dedicated to the County for public use. When a record plat contains land dedicated to the County for public use, the dedication must be in perpetuity and must not be altered or taken for private use. However, the person who originally filed the plat, any successor in interest, or the County may petition to abandon any land dedicated under this Section. Abandonment of all or part of the dedicated land may be authorized by:
1. the Council under Section 49-63, if the land has been in public use; or
2. the Board under Section 49-68, if the land has not been in public use.
B. Land dedicated to other public entity. Land dedicated to a public entity other than the County, including the Commission, may be abandoned according to procedures adopted by or applicable to that public entity. (Mont. Co. Code 1965, §17-7; 1894, ch. 622, §60F; 1912, ch. 790, §404; 1970 L.M.C., ch. 7, §1; 1975 L.M.C., ch. 27, §1; 1982 L.M.C., ch. 46, §5; Ord. No. 16-05, §1; Ord. No. 18-19, §2.)
Editor’s note—In Welker v. Strosnider, 22 Md. App. 401, 323 A.2d 626 (1974), it was held that use of a dedicated roadbed as a bicycle path or pedestrian shortcut is not used by the public within the meaning of §§49-67 or 8.4 [formerly 50-15]. Section 8.4 [formerly 50-15] is described in Washington Metropolitan Area Transit Authority v. One Parcel of Land in Montgomery County, 413 F.Supp. 102 (D.Md. 1976). Section 8.4 [formerly §50-15 and, prior to that, §17-7] is interpreted in The Mayor and Council of Rockville v. Greereart, 261 Md. 709, 276 A.2d 642 (1971). Section 8.4 [formerly §50-15 and, prior to that, §17-7] is cited in Small v. State Roads Commission, 246 Md. 646, 229 A.2d 408 (1967). Section 8.4 [formerly §50-15] is also cited in Perlmutter v. Bacas, 219 Md. 406, 149 A.2d 23 (1959) and Nohowell v. Hall, 218 Md. 160, 146 A.2d 187 (1958).
ARTICLE IV. ADMINISTRATION
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