Town of Emmitsburg
300A S. Seton Ave Emmitsburg, Maryland
21727
240-629-6300

Code Index | Title: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17

Title 16: Subdivisions

16.04 General Provisions
16.08 General Requirements
16.12 Procedures Generally
16.16 Design Standards
16.20 Improvements
16.24 Preliminary Plats
16.28 Final Plats
16.32 Modifications and Exceptions
16.36 Fees
16.40 Amendments
16.44 Appeals
16.48 Forest Conservation

16.08 General Requirements

16.08.010 Subdivider must prepare and record plat of subdivision.

From and after the adoption of these regulations, any owner or proprietor of any tract of land located in the territory to which these regulations may apply, who creates a subdivision, shall cause a plat of such subdivision to be made in accordance with the regulations set forth herein and Title III of Article 66B of the Annotated Code of Maryland. After having secured the approval thereof by the planning commission, the subdivider shall cause a copy of the plat to be recorded in the office of the clerk of the court. Any subdivision or portion thereof which may be in process of development, but has not had a plat recorded at the time of adoption of these regulations, shall also be subject to the requirements and procedures contained herein. (Ord. 99-05 (part): prior code Appx. B Art. IV 4.1)

16.08.020 Approval of plat required.

  1. No plat of any subdivision shall be recorded until it shall have been submitted to and approved by the planning commission as provided herein. The planning commission shall not approve such plat unless it is satisfied that the requirements of these regulations have been complied with.
     

  2. No plat of any subdivision shall be approved where a portion of that subdivision lies outside the municipal boundaries. A developer or subdivider must secure annexation of that portion of the subdivision lying outside the municipal boundaries. (Ord. 99-05 (part): prior code Appx. B Art. IV 4.2)

16.08.030 Timing of development.

The mayor and commission reserve the right to determine the rate of development based upon other economic factors and availability of water and sewer for the development. (Prior code Appx. B Art. IV 4.3)

16.08.040 Annexation.

Any subdivision having a part of its platted land outside the corporate limits cannot have the part approved by the planning commission unless that land is annexed by the town. (Ord. 99-05 (part): prior code Appx. B Art. IV 4.4)

16.08.050 Transfer of land--Zoning certificate.

No lot in a subdivision created after the adoption of these regulations shall be transferred, sold or offered for sale, nor shall a zoning certificate be issued for a structure thereon, until a final plat of such subdivision shall have been recorded in accordance with these regulations. (Prior code Appx. B Art. IV 4.5)

16.08.060 Violations--Penalties.

Any subdivider who violates these regulations shall be subject to the penalties prescribed in Section 28 of Article 66B, annotated Code of Maryland. (Prior code Appx. B Art. IV 4.6)

16.08.070 Discrepancy.

Whenever there is a discrepancy between minimum standards or dimensions noted herein and those contained in the zoning ordinance or other official regulations of Emmitsburg, the more severe standards shall apply. (Prior code Appx. B Art. IV 4.7)

16.08.080 Water and/or sewer line extensions.

Whenever it becomes necessary to extend a water line, sewer line or storm sewer line beyond the terminal point of said line existing at the time, the expense of such extension shall be borne by the developer. The location of the line(s) and the point of connection to the existing line(s) shall be subject to the approval of the mayor and commission. (Prior code Appx. B Art. IV 4.8)

Chapter 16.12 PROCEDURES GENERALLY

16.12.010 Minimum requirements.

In planning and developing a subdivision, the subdivider or his agent shall comply with the general principles of design and minimum requirements for the layout of subdivisions set forth in Chapter 16.16 and with the regulations concerning improvements as set forth in Chapter 16.20 of these regulations, and in every case he shall observe the following procedure. (Prior code Appx. B Art. VI 6.1)

16.12.020 Submission of preliminary plan of subdivision for approval.

  1. The subdivider shall prepare a preliminary plat of the proposed subdivision conforming with the requirements set forth in Chapter 16.24. At least thirty (30) days prior to a regularly scheduled meeting of the planning commission, the plat along with five black line or similar prints of the plat shall be filed with the planning commission; however, if a state road is involved, three additional prints shall be provided.
     

  2. The preliminary plat will be checked as to its conformity with the comprehensive plans, the town zoning ordinance, and other applicable provisions, and the principles, standards and requirements hereinafter set forth. Copies will be referred to any other county or state officials who may be concerned with public improvements or health requirements.
     

  3. At its regular meeting the planning commission shall approve or disapprove the preliminary plat, or may approve it subject to specific changes or modifications. Reasons for disapproval will be noted on the plat or by letter. No plat shall be approved that is in conflict with these subdivision regulations, and zoning ordinance or with any part of an officially adopted feature of the town comprehensive development plan.
     

  4. Preliminary plats, once approved, shall remain valid for a period of three years. The preliminary plat approval shall become void at the end of three years unless an extension of the approval is requested by the applicant and granted by the planning commission. Extensions will be granted for one year increments. (Ord. 99-12 (part), 1999; code Appx. B Art. VI 6.2)

16.12.030 Improvement plans.

Upon approval of the preliminary plat, the subdivider shall prepare and submit to the planning commission plans for the installation of improvements in accordance with the requirements of Chapter 16.20 of these regulations. All such improvements shall be designed in compliance with and to the standards, plans, and specifications set forth in these regulations. Copies of such improvement plans will be referred by the planning commission to the appropriate town, county and state officials for checking and approval, subject to such changes or conditions as in their judgment may be required. (Ord. 99-12 (part), 1999: prior code Appx. B Art. VI 6.3)

16.12.040 Approval of final plat.

  1. The final plat shall conform substantially to the preliminary plat as approved, and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which he or she proposes to record and develop at the time, provided however, that such portion conforms to all requirements of these regulations.
     

  2. Any large deviations from the preliminary plat that were not recommended or approved previously by the planning commission must be resubmitted for their approval.
     

  3. 1. The subdivider shall file with the planning commission at least four weeks prior to its regular meeting, a final plat drawn with ink on transparent linen or mylar for signature and ultimately four black linen or paper prints of the final plat, and fifteen (15) paper prints of the final plat to be distributed as follows:

  • Four linen:

    • three county clerk

    • one town zoning administrator

  • Fifteen (15) paper prints:

    • Four town planning commission

    • Five mayor and commission

    • One state highway administration

    • One county health department

    • One county planning department

    • One county division of public works

    • One town manager

    • One town inspector

2. Agency comments from the county planning department, state highway administration, county health department, county division of public works, the town manager and town inspector must be obtained prior to submittal of the final plat to the planning commission. All agency comments will be circulated with the final plat to the planning commission two weeks prior to the meeting at which final plat approval will be considered.

  1. 1. If it is found by the planning commission that the final plat is in conformance with all applicable regulations, it shall approve the plat.

    2. Upon approval of the final plat the town zoning administrator will obtain the signature of the mayor on the mylar. The signature of the mayor shall mean that the town is satisfied that the requirements of these regulations have been complied with. Reasons for the disapproval of any plat shall be stated upon the records of the planning commission.
     

  2. Recording the Final Plat. If approved, the developer shall then file two black line linen prints with the clerk of the court of Frederick County and shall distribute the other prints as follows:

  • one state highway administration

  • one county health department

  • one county planning department

  • one county division of public works

  • one town manager

  • one town inspector

  • one town zoning administrator

The signed mylar shall be returned to the town zoning administrator to be filed. Approval of the final plat by the planning commission shall not be deemed to constitute or effect an acceptance by the public of the dedication of any street or other proposed public way or space shown on such plat.

  1. Guarantee of Improvements. In the event that public improvements are required to be installed in any subdivision, the mayor and commission, after approving and signing the recording plat, shall retain said plat. The mayor or town clerk or the mayor and commission shall write a letter to the developer stating that the plat has been approved and that it will be made available for recording simultaneously with the receipt by the mayor and commission of proof that one of the approved guarantees noted below will become effective simultaneously with the recording of the plat. The zoning certificate will not be issued on any lot until the requirements of Chapter 16.12 have been met.
     

    1. Completion of public improvements in the area to be developed from point of ingress into the development to and in front of the lot in question prior to the issuance of a zoning certificate;
       

    2. Funds placed in escrow with an escrow agent satisfactory to the mayor and commission, with an agreement between the escrow agent and the town that the funds would be released from escrow in part from time to time as requested by the developer to pay invoices for work completed in the installation of the public improvements from point of ingress into the development to and in front of the lot in question prior to the issuance of a zoning certificate;
       

    3. An irrevocable letter of credit or similar agreement from a lending institution or any recognized lender satisfactory to the mayor and commission, guaranteeing payment for the installation of the public improvements from point of ingress into the development to and in front of the lot in question prior to the issuance of a zoning certificate. (Ord. 99-05 (part); Ord. 96-08: prior code Appx. B Art. VI 6.4)

16.12.050 Sale of lots and houses.

No lot shall be sold and no zoning certificate shall be issued until a final plat of such subdivision shall have been approved and recorded in accord with these regulations and provisions of the state code. (Prior code Appx. B Art. VI 6.5)

16.12.060 Building development.

In any instance where newly provided public improvements are necessary to serve or provide access to new building development, these improvements must be completed or a satisfactory guarantee of completion must be submitted prior to the issuance of any zoning certificate for such building development. (Prior code Appx. B Art. VI 6.6)

16.12.070 Public release.

Upon completion, satisfactory to the mayor and commission of the public improvements required in Chapter 16.20, the elected officials shall accept by duly executed deed the land dedicated to public use and the improvements thereon. (Ord. 99-12 (part), 1999: prior code Appx. B Art. VI 6.7)
 


16.04 General Provisions
16.08 General Requirements
16.12 Procedures Generally
16.16 Design Standards
16.20 Improvements
16.24 Preliminary Plats
16.28 Final Plats
16.32 Modifications and Exceptions
16.36 Fees
16.40 Amendments
16.44 Appeals
16.48 Forest Conservation

Code Index | Title: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17