§ 16.16.010. Preliminary plat.

A.

Scope—Procedure. A preliminary subdivision plat is required to be submitted to the planning commission for review and approval for all proposed major subdivisions, as defined by Section 16.08.020, and any subdivision where five lots have already been subdivided from a parcel of record. This provision shall apply regardless of ownership or change in ownership since the original lots were subdivided.

1.

The preliminary plat shall be submitted to the planning department which is from time to time established by the planning commission.

2.

The planning commission shall consider such preliminary plat and take action thereon at a meeting open to the public but the plat shall not be scheduled for action by the commission until the director of infrastructure and development certifies that all requirements of these regulations applying to a preliminary plat have been met.

3.

In the event of a disagreement between the applicant and the director of infrastructure and development concerning the application of this title, either party may, no sooner than sixty (60) days after the plat is received by the department of infrastructure and development, submit the plat to the commission for its review.

4.

No plat shall be acted upon by the planning commission except at a public meeting, notice of the time and place of which shall be sent by regular mail to the applicant or his representative not less than five days before the date of the meeting.

5.

The planning commission may approve the preliminary plat with or without conditions or modifications or may disapprove the plat.

6.

If the planning commission disapproves the plat, reasons therefore shall be submitted in writing to either the applicant or his representative.

7.

If the commission does not approve, disapprove, table for further consideration, or review and make recommendations on the plat within sixty (60) days after the meeting at which the preliminary plat was first reviewed, the plat shall be deemed approved as submitted, and may be prepared and submitted by the applicant as a final plat.

B.

Drafting Standards. All preliminary plats shall be prepared in accordance with the following drafting standards:

1.

The plat shall be drawn at a scale of one inch equals one hundred (100) feet or other appropriate scale approved by the director of infrastructure and development.

2.

When more than one sheet is necessary, each sheet shall bear the name of the subdivision and shall be numbered and show its relationship to the total number of sheets.

3.

Where any revision is made, or when a plat is a resubdivision of a previously recorded plat, dashed or light dotted lines shall be used to show features or locations to be changed. Solid lines shall be used to show the existing features.

4.

The perimeter boundary line of the subdivision shall be shown as a solid heavy line and all proposed lots shall be shown solid with lines of lesser thickness and/or different patterns.

5.

All existing parcels within a proposed subdivision shall be shown by a different line pattern or line weight than the proposed lots and clearly labeled.

6.

Easements shall be shown with dotted lines and clearly labeled.

7.

All plats shall be clearly titled "Preliminary—Not for Recording," on a sheet size of either twenty-four (24) inches by thirty-six (36) inches or eighteen (18) inches by twenty-four (24) inches.

C.

Information Required. The preliminary plat shall meet the minimum design standards for the construction of public improvements set forth in Chapter 16.40 and shall give the following information insofar as possible:

1.

The name and location of the proposed subdivision, the name and address of the owner or owners and the name and seal of the surveyor who prepared the plat and an acknowledgment that the professional land surveyor or property line surveyor is duly licensed by the state of Maryland;

2.

The date, geographic scale and a north arrow designating the northerly direction of the Y-axis of the Maryland State Grid Coordinate System;

3.

The location and vicinity map showing relationship of subdivision site to area;

4.

The location of existing and platted property lines, streets, buildings, watercourses, with detailed or approximately one hundred (100) year floodplain delineation, water and sewer lines, railroads, bridges, culverts, drain pipes, and any easements based on an accurate field survey and the names of all adjoining owners or subdivisions;

5.

Plans of proposed sewer or water utility layouts showing feasible connections to existing or proposed systems when required by the director of infrastructure and development. The number of service connections will be determined by the director of the city department of infrastructure and development;

6.

When public sewer and water systems are not available, any proposed individual on-site water supply and/or sewage disposal system must be specifically approved by the city director of infrastructure and development and the county health officer;

7.

The tax map, city property maps, grid and parcel numbers, deed reference, zoning classifications; the water and sewerage plan service area; the tax ditch, and the urban services district in which the subdivision is located, if applicable;

8.

The names, locations, widths and other dimensions of proposed streets, alleys, easements, parks and other open spaces, reservations and stormwater management areas;

9.

Approximate dimensions, lot numbers, block letters, front building lines and any other proposed private setback lines for the proposed lots;

10.

Contours at vertical intervals of not more than one foot, when required by the director of the department of infrastructure and development. The director may require contours of a lesser interval where conditions of the parcel warrant;

11.

The preliminary plat shall include a signed certificate showing ownership or legal control of the property and a tabular summary of the following:

a.

The total acreage of the site being subdivided,

b.

The total number of lots proposed and average lot size,

c.

The area of natural vegetation to remain on the site and all buffer or screening areas as proposed or as may be required by the commission,

d.

The estimated total amount of land area on the site to be reserved and used for stormwater management areas,

e.

The total amount of land area proposed for access rights-of-way, easement areas, on-site recreation, open spaces, and other parcels or areas in the subdivision reserved for the common use of residents,

f.

The estimated linear footage and area of new public roads to be constructed or widened;

12.

The following information shall also be shown, if applicable:

a.

Chesapeake Bay Critical Area. All preliminary plats for land located in the Chesapeake Bay Critical Area shall be in accordance with the requirements of Chapter 12.20, Chesapeake Bay Critical Area Natural Resources Protection.

b.

The one hundred (100) year floodplain. The one hundred (100) year floodplain line and elevations shall be shown on the plat in accordance with a method approved by the director of infrastructure and development.

c.

Forest Conservation Act. All areas required for preservation or conservation as may be required by the Forest Conservation Act.

d.

A note indicating that the property is located in an airport zoning district and any airport approach, horizontal, transitional or turning surface and an airport clear zone; and the identification of any easement related to airport safety, maintenance or operations which may affect the property.

e.

When required by the director of infrastructure and development location and general design of any stormwater management pond as required by Chapter 13.28, Stormwater Management, of this Code. A general description of the proposed flow pattern for the entire drainage system, including the paved surfaces, open ditches and piped sections, with outfall points indicated shall be included or available for reference.

f.

All preliminary plats for land located in a well head protection area shall be in accordance with the requirements of the city well head protection areas ordinance.

g.

The Paleochannel. On all preliminary plats for land located over the paleochannel, the paleochannel line shall be shown.

D.

Copies. Four copies of the preliminary plat shall be submitted to the planning department. The staff shall distribute the copies as follows: two copies of the plat will be submitted to the department of infrastructure and development, one copy to the fire chief, and one copy will be retained in the files of the planning commission.

E.

Concept Approval or Denial. The planning commission may provide concept approval or denial of a preliminary plat of a parcel that could only be developed by special consideration in order to allow a developer to obtain an approval before proceeding with the required engineering.

1.

All such plats shall clearly show the reasons for the commission's action, be legible and drawn to approximate scale.

2.

Once approval has been obtained from the commission, the plat shall be reviewed and approved in accordance with all final plat requirements of this chapter.

F.

Preliminary Plat of Entire Tract. If, after the subdivision of any five lots from a legally established parcel of record, the planning commission determines that it is necessary in order to assure the future coordination of any street, drainage area or other community services or facilities, the commission may require the preparation of a preliminary plat for up to one hundred (100) acres of the entire tract regardless of current ownership or change in ownership since the original lots were subdivided from the property.

G.

Denial of Preliminary Plats. The planning commission may deny approval of any preliminary plat of the subdivision of land if, after investigations conducted or recommendations by the public agencies concerned, it is determined that at least one of the following factors exists in regard to the subdivision:

1.

The land is subject to flooding or is topographically unsuitable for residential occupancy or for such other use and the development or occupancy may increase the danger to health, life, or property, or aggravate erosion or create a flood hazard to future occupants or the general public; or

2.

Inadequate drainage ways or public accessways exist, either on-site or off-site, to serve the proposed development; or

3.

A subdivision is proposed without frontage on a governmentally owned or maintained street or road; or

4.

The health department has determined that the soils on the site or the water supply serving the subdivision is contaminated and development would pose a danger to the health and safety of the public; or

5.

The layout of the lots are such that intensive development of the site will create a safety hazard to the future residents of the subdivision or to the general public; or

6.

The proposed subdivision does not meet the requirements of this title and the applicant is unable to receive a waiver or a variance.

H.

Appeal of Preliminary Plat Denial. All decisions of the commission to deny approval of a preliminary plat may be appealed to the city board of zoning appeals in accordance with the provisions of Chapter 16.52, Appeals.

(Ord. 1975 (part), 2005; Ord. 1661 (part), 1997)

( Ord. No. 2458, 10-9-2017 )