Chapter 50 - Subdivsion Regulations Re-Write Comparison of Existing Chapter 50 and The 12-23-14 Draft Changes

CHAPTER 50 - SUBDIVSION REGULATIONS RE-WRITE
COMPARISON OF EXISTING CHAPTER 50 AND THE 12-23-14 DRAFT CHANGES
EXISTING CHAPTER
12-23-14 DRAFT
Sec. 50-1. Definitions.
Division 50.2. Defined Terms
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section. All terms used in this chapter which are defined in
Chapter 59 or the road construction code shall have the same meaning as the definition therein,
unless otherwise defined herein.
Section 50.2.1. Rules of Interpretation

The following rules of interpretation apply to this Chapter.
Agriculture: The business, science, and art of cultivating and managing the soil,
composting, growing, harvesting, and selling crops and livestock, and the products of forestry,
horticulture and hydroponics; breeding, raising, or managing livestock, including horses, poultry,
fish, game and fur-bearing animals, dairying, beekeeping and similar activities, and equestrian
events and activities. Agriculture includes processing on the farm of an agricultural product in the
course of preparing the product for market and may or may not cause a change in the natural form
or state of the product.
A.
How to Compute Periods Measured in Months. If a period of time is measured in

months, the period begins and ends on the same day of a month; however, if there
are not enough days in the final month for this to be possible, the period ends on
the final day of the final month.
B.
How to Compute Periods Measured in Days. If this Chapter required or allows a

person to perform an act within a specific time period measured in days, the
person must compute the deadline in the following manner:
Agricultural land: Land classified in an agricultural zone established by Division 59-C-9 of

Chapter 59 and land in other zones containing at least 25 acres devoted to an agricultural use as
defined in this Chapter.
Base density: The maximum number of dwelling units permitted by the zoning
classification of a property in a receiving area computed over the gross area of the property without
the use of TDR or the MPDU density increase.
1.
If the period follows an event, count the day after the event as the first
day of the period,
2.
County the remaining number of days in the period, however, if the period
is 7 days or fewer, omit Saturdays, Sundays, and legal holidays.
3.
Do not count the last day if it is a Saturday, Sunday, legal holiday, or if the
office where the person must file a document or perform an act is not
open during the regular hours of that office on that day.
Board: The Montgomery County Planning Board of the Maryland-National Capital Park
and Planning Commission.
Commission: The Maryland-National Capital Park and Planning Commission.
Definition of Subdivision Record Plat for purposes of the Subdivision Regulations: For
purposes of the subdivision regulations the term Subdivision Record Plat refers to the plat of
subdivision that is intended to be recorded in the land records after it has been approved by the
Planning Board, pursuant to the requirements of Chapter 50 of the Montgomery County Code. The
C.
Requirements to Act by a Specific Date

1.
If the law requires or allows a person to perform an act by a specific date,

but the specific date is a Saturday, Sunday or legal holiday, the person may
perform the act on the next day this is not a Saturday, Sunday, or legal
holiday.
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Subdivision Record Plat may consist of more than one sheet which must be numbered sequentially.
2.
Development: The act of building structures and installing site improvements, both public
and private.
Developer or subdivider: An individual, partnership or corporation (or agent therefor) that
undertakes the subdivision of land or the activities covered by this chapter, particularly the drawing
up and submission of a subdivision plat showing the layout of the land and the public
improvements required thereon. The terms include all persons involved in successive stages of the
project, even though such persons may change and ownership of the land may change. Each term
includes the other.
D.
Any action required to be taken within a specific time period is measured

from the date of a final agency action, or, if a party seeks judicial review of
the agency action, from the date the court makes a final decision.
Signatures. The signature of a person may be the actual signature of the person or
a mark that the person has authorized.
E.
Singular and Plural. The singular includes the plural and the plural includes the
singular.
F.
Tense. The present tense includes the future tense.
G.
Use of Or. Or indicates that the connected items, conditions, provisions, or

events may apply single or in any combination.
H.
Use of Includes. Includes does not limit a term to the specific examples.
District or regional district: The Maryland-Washington Regional District, established by

article 28 of the Annotated Code of Maryland.
I.
Use of Chapter. Chapter means a numbered section in the Montgomery County

Code.
Easement: A grant or reservation by the owner of land for the use of all or a portion of such
by others, including the public, for a specific purpose or purposes, and which must be included in
the conveyance of land affected by such easement. The usage of the word easement, for land
platting purposes in this chapter, means that such an easement area is included within the
dimensions and areas of the lots or parcels through which the easement may run, and is not to be
separated therefrom as in the case of a dedicated right of way.
Section 50.2.2. Definitions

All terms used in this Chapter that are defined in Chapter 59 or Chapter 49 have the same
meaning as the definition in those Chapters, unless otherwise defined here. In this
Chapter, the following words and phrases have the meanings indicated.
Development rights: The potential for the improvement of a parcel of real property,
measured in dwelling units or units of commercial or industrial space, existing because of the
zoning classification of the parcel.
Director: For purposes of the subdivision regulations, the Director of the Montgomery
County Department of Park and Planning or such Directors designee.
Easement, slope: An easement to permit the creation and maintenance of slopes necessary
to stabilize construction or to stabilize lands adjacent to construction.
A.
Adequate Public Facilities Ordinance (APFO): Section 50.5.3.F of this Chapter which
specifies that the Planning Board must find that public facilities will be adequate to
support and serve a proposed subdivision before approval.
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Engineer: A professional engineer registered in Maryland.

Administrative Civil Penalty: A monetary penalty imposed by the Planning Board
after considering the factors in this Section for violating a Planning Board Action.
Farm: A tract of land, with or without associated buildings, that is devoted to agriculture,
as defined in this section.
Agricultural land: Land classified in the agricultural zone established by Division 4.2
of Chapter 59 and land in other zones containing at least 25 acres devoted to an
agricultural use as defined in Chapter 59.
Improvement, public: Any of the following: Roads and streets, alleys, grading, road
pavement, curbs and gutters, sidewalks, pedestrian ways or paths, water mains, sanitary sewer
lines, water supply and sewage disposal, storm sewer lines and drainage structures, curb returns,
sidewalk and driveway entrances in right-of-way, guard rails, retaining walls, sodding, planting,
monuments, street lights, and storm water management.
Applicant, Developer, or Subdivider: An individual, partnership, corporation or its

agent that undertakes the subdivision of land or the activities covered by this
Chapter. The terms include all persons involved in successive stages of the project,
even though such persons may change and ownership of the land may change.
Each term includes the other.
Land use plan: The land use element of an approved and adopted general, master, sector or
functional plan as distinguished from the zoning plan.
Licensed land surveyor: A land surveyor who is licensed in the State of Maryland to
practice land surveying as such terms are defined in Maryland Business Occupations and
Professions Code Ann. Section 15-101 (1995 Repl. Vol.), as amended.
B.
Maryland Coordinate System: The Maryland Coordinate System as defined in Article 91,
Sections 19 through 21 of the Annotated Code of Maryland, 1995 Repl. Vol, as amended.*
Building restriction line: A line designating an area in which development or

building is restricted by the Planning Board for environmental protection.
*Editors noteMd. Ann. Code art. 91, 19 through 21 appear in Md. Code Ann., Real Prop.
14-401 through 14-407 (2003).
Mid-block pedestrian path or way: A dedicated or publicly owned right-of-way within a

block intended primarily for pedestrians, which may include utilities where necessary, and from
which motor vehicles are excluded.
Minor Subdivision. The division, resubdivision or assemblage of a lot, tract or parcel of
land, including minor adjustments to existing lot lines, that does not require the approval of a
preliminary plan of subdivision prior to the submittal of a record plat application.
Block: The lots contained within an area bounded by roads, other rights-of-way,
unsubdivided acreage, natural barriers, and any other barrier to the continuity of
development.
C.
Citation: A document noting a violation of a Planning Board action, seeking to

impose a civil fine or corrective action.
Civil Fine: A requirement to pay a predetermined sum of money specified in an
administrative citation for violating a Planning Board action.
Commission: The Maryland-National Capital Park and Planning Commission.
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Moderate price development: A subdivision application in the nature of a special exception

on such terms or conditions as may be granted by the board in the case of a plan and program for a
moderate price development, when, in the judgment of the board the entire development of the
proposed subdivision will achieve and make available for home ownership a substantial number of
dwelling units for lower middle income families.
County Executive: The Montgomery County Executive. D.

Development: The act of building structures and installing site improvements, both
public and private, or the resulting structures and improvements.
Developer: see Applicant.
Owner: A person or corporation holding a legal title in the land, but not including a
mortgagee, a lienor, a lessee or a contract purchaser.
Plan: A plan of subdivision proposed or submitted by a subdivider or developer for
approval by the board.
Development rights: The potential for the improvement of a tract of land based on
its zoning classification, measured in dwelling units or commercial or industrial
floor area.
Plat: The record plat required for the land records of Montgomery County, in accordance
with the specifications in this Chapter.
Director: The Director of the Montgomery County Planning Department or such

Directors designee.
District or Regional District: The Maryland-Washington Regional District,
established by the Land Use Article of the Annotated Code of Maryland.
Preliminary plan: A plan for a proposed subdivision or resubdivision to be prepared and

submitted for approval, in accordance with specifications and procedures provided herein, prior to
preparation of a subdivision plat.
E.
Primary agricultural processing: Processing of an agricultural product which does not
cause a change in the natural form of the product.
Receiving area: An area designated on an approved and adopted general, master, sector or
functional plan appropriate for development beyond its base density through the transfer of
development rights.
Resubdivision: A change in any lot line of a recorded lot or parcel of land. Resubdivision
includes the assembly of recorded lots or parts of lots. A resubdivision is a subdivision.
Right-of-way: A strip of land occupied or intended to be occupied by a road, pedestrian
path, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer
main, or for other special use. For land platting purposes, every right-of-way shown on a record
Easement: A grant or reservation by the owner of land for the use of all or a
portion of the land to others, including the public, for a specific purpose or
purposes. The easement must be included in the conveyance of the encumbered
land. For platting under this Chapter, an easement area is included within the
dimensions and areas of the lots through which the easement may run, and is not
separated from the lot as in the case of a dedicated right-of-way.
Easement, slope: An easement to permit the creation and maintenance of slopes
necessary to stabilize construction or to stabilize lands adjacent to construction.
Enforcement Agent: The Director, or the Directors designee responsible for
determining compliance with a Planning Board action.
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EXISTING CHAPTER
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plat must be separate and distinct from any adjoining lot or parcel, and not included in any other lot
or parcel. Any right-of-way intended for roads, pedestrian paths, water mains, sanitary sewers,
storm drains, or any other use involving maintenance by a public agency must be dedicated to
public use by the maker of the plat on which the right-of-way is established.
Engineer: A professional engineer registered in Maryland.

Environmentally Sensitive Area: In this Chapter, environmentally sensitive areas
are limited to critical habitats for wildlife or plant species, slopes over 25% or over
15% with highly erodible soils, wetlands, perennial and intermittent streams, and
stream valley buffers as defined in the Guidelines for Environmental Management
of Development in Montgomery County.
Road construction code: Article 3 of Chapter 49, and any regulation which implements that
Article.
Special protection area means a geographic area where:
(1)
(2)
existing water resources or other environmental features are of high quality or

unusually sensitive; and
F.
G.
proposed land uses would threaten the quality or preservation of those resources or
features in the absence of special water quality protection measures which are
closely coordinated with appropriate land use controls.
Street, centerline of: A line established as a centerline of a street by any state, county or
other official agency or governing body having jurisdiction thereof and shown as such on an
officially adopted or legally recorded map. In the absence of an official centerline, the centerline
shall be established by the board.
Street width: The shortest distance between street lines, measured between the edges of
pavement or curb faces, as appropriate.
Subdivider: See developer or subdivider.
Subdivision: The division or assemblage of a lot, tract or parcel of land into one (1) or more
lots, plots, sites, tracts, parcels or other divisions for the purpose, whether immediate or future, of
sale or building development and, when appropriate to the context, relating to the process of
subdividing or to the land or area subdivided; provided, that the definition of subdivision shall not
include a bona fide division or partition of exclusively agricultural land not for development
General Plan: A comprehensive framework for guiding the physical development

and managing limited resources in Montgomery County, Maryland. It is a policy
document whose concepts are general in nature. As the Countys longest-range
and most visionary document, it provides a broad image of how the County will
evolve in the future and establishes a frame of reference for decisions to make
that vision become reality.
H.
I.
Improvements: Required infrastructure needed to support the development

including, but not limited to, the following: roads, alleys, grading, road pavement,
curbs and gutters, sidewalks, pedestrian ways or paths, water mains, sanitary
sewer lines, water supply and sewage disposal, storm drain facilities, curb returns,
sidewalk and driveway entrances in right-of-way, guard rails, retaining walls,
sodding, planting, monuments, street lights, and storm water management.
Improvement, public: Any improvements located within a dedicated right of way or
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public improvement easement.
purposes. A resubdivision is a subdivision.

Turnaround: The termination of a public street in the approximate shape of a T, built to
allow vehicles to reverse direction using a 3-point turn.
Water quality plan: A plan, including supporting documents, required as part of a water
quality review for certain projects being developed within a special protection area, intended to
measure and control the effect that development will have on water resources or other
environmental features lying within a special protection area. (Mont. Co. Code 1965, 104-1; Ord.
No. 6-123; Ord. No. 6-129, 2; Ord. No. 9-11, 1; Ord. No. 9-24, 1; Ord. No. 10-47, 1; Ord.
No. 10-78, 1; Ord. No. 12-83, 1; Ord. No. 13-57, 1; Ord. No. 13-91, 1; Ord. No. 15-22, 1;
Ord. No. 16-05, 1.)
J.
K.
L.
Licensed land surveyor: A land surveyor who is licensed in the State of Maryland
to practice land surveying as such terms are defined in Maryland Business
Occupations and Professions Code Ann. Section 15-101 (1995 Repl. Vol.), as
amended.
Limit of disturbance line: A line restricting land disturbance as defined in Chapter
19.
Editor's noteAll of Montgomery County lies within the Maryland-Washington Regional District,
subject to the limitations contained in article 28 of the Md. Ann. Code.
Lot: An individual lot or parcel that is described by a Subdivision Record Plat

recorded in the land records for which a building permit can be issued.
Lot, Ownership: An area of land shown on a Subdivision Record Plat created only
for the convenience of the owner under Section 50.8.1.A.4 of this Chapter that
reflects a deed, mortgage, or lease line but does not subdivide the underlying lot.
M.
Maryland Coordinate System: The Maryland Coordinate System as defined in the

Annotated Code of Maryland, Real Prop. 14-401 through 14-407.
Maryland-Washington Regional District in Montgomery County: as defined by the
Land Use Article of the Annotated Code of Maryland, which does not include the
jurisdictional boundaries of Brookeville, Poolesville, Laytonsville, Rockville,
Barnesville, Gaithersburg, and Washington Grove.
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Master Plan: Comprehensive amendments to the General Plan that provide

detailed and specific land use and zoning recommendations for specific areas of
the County.
Mid-block pedestrian right of way: A dedicated or publicly owned right-of-way
within a block intended primarily for pedestrians, which may include utilities
where necessary, and from which motor vehicles are excluded.
Minor Subdivision: Creation of lots through the division, resubdivision or
assemblage of a lot, tract or parcel of land, including minor adjustments to existing
lot lines, that does not require the approval of a Preliminary Plan of subdivision
before the submittal of a record plat application.
N.
Notice of Hearing: An administrative notice issued by the Director that notifies an

alleged violator where and when an enforcement hearing will be held by the
Planning Board or the Planning Boards designee to address an alleged violation.
Notice of Violation: A notice issued by an enforcement agent that notifies a
recipient of a violation and specifies the remedial action that the recipient must
take to avoid further enforcement action.
O.
One-hundred-year floodplain: The area along a stream, drainage course, lake, or

pond, which would experience inundation by stormwater runoff equivalent to that
which would occur on the average of once in every one hundred years after total
ultimate development of the watershed.
Outlot: A piece of land shown on a record plat but which is not to be occupied by a
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EXISTING CHAPTER
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building or otherwise considered as a buildable lot. A building permit must not be

issued on any land so designated until the outlot is converted to a lot in
accordance with the procedures contained in this Chapter.
Owner: A person or corporation holding a legal title in the land, but not including a
contract purchaser.
P.
Parcel, unplatted: A contiguous area of land described only by metes and bounds
in a deed recorded in the land records and not included on a record plat.
Person: An individual, partnership, corporation, organization, other entity, or
combination thereof that owns property or otherwise has an interest or
responsibility for property that is the subject of a Planning Board action.
Place of Worship: A meeting area for religious practices including a church,
synagogue, mosque, convent, temple, or monastery.
Plan: See Preliminary Plan.
Planning Board: The Montgomery County Planning Board of the MarylandNational Capital Park and Planning Commission.
Planning Board action: A final decision on a Preliminary Plan, site plan, project
plan, sketch plan, water quality plan or other plan, including all associated terms,
conditions, requirements and other obligations or limits, made by the Planning
Board under state law and Chapters 50 and 59, including any regulations issued
under state or County law. A Planning Board action does not include a decision
made by the Planning Board under Chapter 22A.

EXISTING CHAPTER
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Plat: A drawing depicting some or all of an approved subdivision, prepared and

submitted under this Chapter, and intended to be recorded in the land records
after it has been approved by the Planning Board. A plat may consist of more than
one sheet which must be numbered sequentially. See also Subdivision Record
Plat.
Preliminary Plan: A plan for a proposed subdivision to be prepared and submitted
for approval before the preparation of a plat.
Q.
R.
Receiving area: Land designated on the zoning map as qualified for development
beyond its base density through the transfer of development rights.
Resubdivision: A change to any lot line created by a previously recorded
subdivision record plat. Resubdivision includes the assembly of recorded lots or
parts of previously recorded lots. A resubdivision is a subdivision.
Right of way: Land intended for the passage of people, vehicles, or utilities, as
shown on a record plat as separate and distinct from the abutting lots or parcels.
Any right of way involving maintenance by a public agency must be dedicated to
public use by the maker of the plat on which the right of way is established.
Road, centerline of: A line established as a centerline of a road by any state,
county, or other official agency or governing body with jurisdiction and shown on
an officially adopted plan or recorded plat. In the absence of an official centerline,
the centerline must be established by the Planning Board.
Road Design and Construction Code: Article 3 of Chapter 49, and any regulation
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EXISTING CHAPTER
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which implements that Article.

S.
Special Protection Area: A geographic area where existing water resources or other
environmental features are of high quality or unusually sensitive, and proposed
land uses would threaten the quality or preservation of those resources or
features in the absence of special water quality protection measures which are
closely coordinated with appropriate land use controls.
Stop Work Order: An administrative order issued by an enforcement agent that
requires a person to discontinue any further development, construction, or other
land disturbance activity authorized by a Planning Board action until a violation has
been corrected.
Subdivider: See Applicant.
Subdivision (v.): The division or assemblage of a lot, tract or parcel of land into one
or more lots or parcels or other divisions for the purpose, whether immediate or
future, of sale or development. The definition of subdivision does not include a
bona fide division of exclusively agricultural land not for development purposes. A
resubdivision is a subdivision.
Subdivision (n.): The land or area subdivided.
Subdivision Record Plat: A plat of subdivision that has been recorded in the land
records under the requirements of this Chapter.
Subdivision Regulations: Chapter 50 of the Montgomery County Code, also
referred to as this Chapter.
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EXISTING CHAPTER
T.
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Tract: A contiguous piece of land, including all proposed and existing rights of way,
lots, parcels, and other land dedicated by the owner or a predecessor in title. A
tract does not include land conveyed to a government for more than nominal
consideration.
Turnaround: The termination of a public road in the approximate shape of a T,
built to allow vehicles to reverse direction using a 3-point turn.
U.
V.
W.
Water quality plan: A plan, including supporting documents, required as part of a

water quality review under Chapter 19 for certain projects located in a special
protection area, intended to measure and control the effect that development will
have on water resources or other environmental features located in a special
protection area.
X.
Y.
Z.
Sec. 50-2. Purpose of chapter.
The purpose of this chapter is to provide for:
Section 50.1.1. Purpose of Chapter 50

This Chapter provides for the legal division and subsequent transfer of land. It requires the
coordination of new transportation facilities with other existing and planned facilities, a
determination of adequate public facilities, and land for public use. The intent of this
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EXISTING CHAPTER
(a)
The harmonious development of the district.
(b)
Coordination of roads within the subdivisions with other existing, planned or

platted roads or with other features of the district or with the commission's general
plan or with any road plan adopted or approved by the commission as a part of the
commission's general plan.
(c)
Adequate open spaces for traffic, recreation, light and air, by dedication, or
otherwise.
(d)
Reservation of lands for schools and other public buildings and for parks,
playgrounds and other public purposes.
(e)
The conservation of or production of adequate transportation, water, drainage and

sanitary facilities.
(f)
The preservation of the location of and the volume and flow of water in and other
characteristics of natural streams and other waterways.
(g)
The avoidance of population congestion.
(h)
The avoidance of such scattered or premature subdivision or development of land

as would involve danger or injury to health, safety or welfare by reason of the lack
of water supply, drainage, transportation or other public services or necessitate an
excessive expenditure of public funds for the supply of such services.
(i)
Conformity of resubdivided lots to the character of lots within the existing

subdivision with respect to area, frontage and alignment to existing lots and streets.
(j)
Control of subdivision or building (except for agricultural purposes) in flood plain

areas of streams and drainage courses, other environmentally sensitive areas, and
on unsafe land areas.
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Chapter is to protect natural resources and sensitive environmental features, promote the
health, safety, and welfare of the present and future inhabitants of the MarylandWashington Regional District within Montgomery County under the General Plan, and any
other purpose enumerated in the Land Use Article.
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EXISTING CHAPTER
(k)
Preservation of outstanding cultural features and historic sites or structures.
(l)
Other benefits to the health, comfort, safety or welfare of the present and future
population of the regional district.
(m)
Preservation of forests, significant trees, and environmentally sensitive areas.
(n)
Coordination of sidewalks within the subdivision and with adjacent subdivisions

and existing public sidewalks. (Mont. Co. Code 1965, 104-2; Ord. No. 11-53,
1; Ord. No. 11-63, 1; Ord. No. 12-16, 1; Ord. No. 12-19, 1.)
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Sec. 50-3. Applicability of chapter.
Section 50.3.1. Applicability of the Chapter
This chapter shall apply to all land within the county which lies within the MarylandWashington Regional District, as now defined by article 28 of the Annotated Code of Maryland or
as may hereafter be changed or amended. (Mont. Co. Code 1965, 104-3.)
This Chapter applies to any subdivision of land within Montgomery County located within
the Maryland-Washington Regional District except for a good faith division of
exclusively agricultural land that is not made for development purposes.
Section 50.4.1. Approving Authority
The Planning Board administers this Chapter.
Sec. 50-4. Administration of chapter.

This chapter shall be administered by the county planning board. (Mont. Co. Code 1965, 104-4.)
Sec. 50-5. Effect of chapter on other ordinances, etc.
This chapter shall not be deemed to repeal or modify or otherwise affect in any manner any other
ordinance, resolution, rule or regulation of the county; provided, that wherever this chapter imposes
more stringent regulations, restrictions, limitations or requirements, the provisions of this chapter
shall prevail. (Mont. Co. Code 1965, 104-5.)
Sec. 50-6. Enforcement of chapter.
Section 50.4.2. Effect of Chapter on Other Ordinances

This Chapter does not repeal or modify or otherwise affect any other ordinance,
resolution, rule or regulation of the County ; however, wherever this Chapter imposes
more stringent requirements, the provisions of this Chapter must prevail.
Section not retained; see existing Sec. 50-41 and new Sec. 50.11.5.
Violations of this chapter shall be prosecuted, and compliance therewith enforced, in accordance
with the applicable sections of article 28 of the Annotated Code of Maryland, as amended. (Mont.
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EXISTING CHAPTER
Co. Code 1965, 104-6.)
Sec. 50-6A. Amendment of chapter.
Within five (5) days following the introduction of any subdivision regulation amendment, a
copy must be transmitted to the county planning board and to the executive for review as set forth
below.
(a)
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Section 50.11.6. Amendment of Chapter

The procedures for amending Chapter 50 must satisfy Section 23-104 of the Land Use
Article, Maryland Code and the Council Rules of Procedure.
Notice of hearing. Within thirty (30) days of introduction of a subdivision

regulation amendment, the council must, by resolution, set a date and time for
public hearing on the proposed subdivision regulation amendment, unless the time
is extended or the amendment is postponed indefinitely. The district council or its
authorized designee must notify the county executive of this hearing date within
five (5) days after the date is determined. The council or its designee must also
give public notice as follows:
(1)
Advertisement in at least one (1) newspaper of general circulation in the

county not less than thirty (30) days nor more than forty-five (45) prior to
the hearing date.
(2)
Contents of the advertisement:

a.
Date, time and place of hearing;
b.
Brief summary of proposed amendment;
c.
Brief summary of any amendment to the proposed amendment

submitted by a council member;
d.
Notice of where and how the complete text may be obtained; and
e.
Notice of telephone number to call for information or to register to

speak at the hearing.
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EXISTING CHAPTER
(b)
(c)
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Action by council. The action of the district council amending the text of this
chapter must be taken in open session under the following procedures:
(1)
A quorum of the council is not required to conduct a hearing on a proposed

subdivision regulation amendment; however, any member who votes on
the amendment but was not present at the hearing must read and sign the
transcript prior to voting;
(2)
The vote on final adoption of a subdivision regulation amendment must be

on a roll call by yeas and nays;
(3)
To be adopted, a subdivision regulation amendment must receive the

affirmative vote of 5 members of the district council;
(4)
If the affirmative vote of 5 council members is not achieved for any

reason, the proposed subdivision regulation amendment is denied; a
resolution of denial is not required, but the minutes should reflect that the
amendment was denied for lack of the necessary affirmative vote; and
(5)
Within three (3) days following adoption of a subdivision regulation

amendment, the district council must transmit the ordinance to the county
executive.
Action by executive.
(1)
The county executive must approve or disapprove the ordinance within ten
(10) days of its transmittal by the district council and must notify the
council of this action in writing.
(2)
If the executive disapproves the ordinance, the reasons must be included in

the written statement.
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EXISTING CHAPTER
(3)
(d)
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Failure of the executive to act within ten (10) days constitutes approval of
the ordinance.
Action by Council Following Disapproval by the Executive. The district council

may enact the ordinance over the disapproval of the county executive by an
affirmative vote of 6 members.
(e)
Effective date. Subdivision regulation amendments become effective twenty (20)

days after the date of council adoption or ten (10) days after the date of council
adoption following disapproval by the executive, unless otherwise stated in the
ordinance. (Ord. No. 11-2, 1; Ord. No. 11-88, 1.)
Sec. 50-7. Recording-Generally.
Section not retained; see new Division 50.9 language below.
Whenever the owner of lands in the county shall subdivide his lands for town or villa sites,
streets, lanes or alleys, or any other purpose, and shall desire, for purposes of description and
identification, a plat of such subdivision to be recorded among the land records of the county, or
whenever any street, avenue, public road, lane or alley shall be required by condemnation or
otherwise by the county, or by any other person or body corporate, of which a plat is now required
by the laws of this state to be recorded, the clerk of the circuit court for the county is hereby
directed to receive and record same, as hereinafter directed; but such clerk shall not receive for
record, nor allow to be recorded in his office, any such plat, until the requirements of the
succeeding sections of this chapter shall have been complied with. (Mont. Co. Code 1965, 17-1;
1894, ch. 622, 60A; 1912, ch. 790, 399.)
Sec. 50-8. Same-Filing and approval of plats.
Division 50.9. Plats-Generally
Whenever any subdivision or resubdivision of land is proposed to be made within the

district, and before any contract for the sale of or any offer to sell such subdivision is made, or
before any development or construction of any building takes place within a subdivision or any part
thereof, the subdivider thereof or his agent shall file, in accordance with procedure prescribed in
this chapter, a plat of the proposed subdivision with the board for its approval and the approved
record plat shall be recorded in the land records of the county, except as provided in section 50-9.
(Mont. Co. Code 1965, 104-7.)
All subdivision of land must be recorded by plat in the County Land Records. The Clerk of
the Circuit Court for the County must receive and record the plat once the requirements of
the succeeding Sections of this Chapter have been met.
16

EXISTING CHAPTER
Sec. 50-9. Exceptions to platting requirements.
Recording of a subdivision plat under this Chapter is not required for:

(a)
A.
Any subdivision of land must be included on a plat approved by the Planning Board
and recorded before sale of any part of the subdivided land.
B.
A building permit for the construction of a building must not be issued unless the
building would be located on a lot or parcel which is shown on a plat recorded in
the County Land Records.
Agriculture and uses located on agricultural land.

(1)
A bona fide division or partition of land that is and will remain in

exclusively agricultural use, as agriculture is defined in this chapter.
(2)
Land that is and will remain part of a farm, as defined in this chapter, but
that is used concurrently for a related use that requires issuance of a
building permit. This includes a special exception use approved under
divisions 59-G-1 and 59-G-2, unless the Board of Appeals requires
subdivision as a condition of the special exception.
(3)
Section 50.3.3. Exceptions to the Requirements of this Chapter

A.
The issuance of a building permit for any equestrian facility building or

structure on land classified in an agricultural zone.
(b)
Court action. Partition of lands by will or through action of a court of competent

jurisdiction unless or until development of the lands is proposed.
(c)
Public taking. Where a property has been changed in size or shape subsequent to
the date of its inclusion within the district or subsequent to October 19, 1934,
whichever is the later date, by reason of the taking of a part of such property for
public use by reference to a properly drawn and recorded plat, such as a right of
way plat; provided, that the outlines and dimensions of such remainder may be
clearly determined by reference to the previously recorded plats.
(d)
12-23-14 DRAFT
Section 50.3.2. Record Plat Required
Adjoining properties. The sale or exchange of parcels of land (not to exceed a total
of 2,000 square feet or one percent of the combined area, whichever is greater)
between owners of adjoining properties for the purpose of small adjustments in
boundaries; provided, that additional lots are not thereby created and that the
B.
An approved Preliminary Plan and recording of a subdivision plat under this

Chapter are not required for the division or conveyance of unplatted land in the
following instances:
1.
Court action. Partition of land through action of a court of competent

jurisdiction.
2.
Utility rights-of-way. Land used as part of an electric transmission line

right-of-way or other public utility right-of-way.
Recordation of a plat before issuance of a building permit is not required for:

1.
Certain uses on agricultural land.

a.
A dwelling unit on an unplatted parcel of agricultural land at least

25 acres in size.
b.
Conditional uses associated with agriculture, and approved under

Chapter 59, unless a subdivision is required as a condition of the
17

EXISTING CHAPTER
approval.
original lots are not reduced below the minimum sizes required by this Chapter or
by Chapter 59 of this Code. This exemption is not applicable to minor lot line
adjustments that occur after May 19, 1997.
(e)
(f)
Utility rights-of-way. A bona fide division of a tract of land in order that one or
more of the resulting parcels may be used as part of an electric transmission line
right of way or other public utility right of way; provided, that if a parcel resulting
from such division is ever to be used as a building site for other than an electric
transmission line or other public right of way, then before a building permit may be
issued for such other use, a plat must be filed and recorded.
c.
(A)
A description and location plat of the lot and proposed structure have been
furnished with the permit application, sufficiently detailed, to locate the
same on the base maps of Montgomery County.
(B)
Approval of the permit application would not result in obstructing the

future opening, extension or widening of any road deemed essential in the
public interest, nor would it otherwise jeopardize any planned public
facility.
(C)
The proposed lot and use comply with the zoning ordinance (except for
street frontage) and the site plan shows clearly the setbacks, side and rear
yards and any other information needed to check compliance with
regulations, including establishment of a building restriction line along any
existing or proposed road sufficient to provide for future expansion or
opening of such road to its ultimate width.
Any equestrian facility building on land classified in the agricultural

zone (AR).
2.
Public taking. Part(s) of lots previously shown on a record plat that

changed in size or shape by transfer of a part of the lot for public use by
reference to a recorded instrument, if the outlines and dimensions of such
remainder can be determined by reference to the previously recorded
plat. This provision also applies to unplatted parcels that qualified for an
exception under this Section before the transfer.
3.
Adjoining properties. Part(s) of lots created by deed recorded before May

19, 1997 between owners of adjoining platted properties for the purpose
of small adjustments in boundaries. This applies only to adjustments that
were less than either a total of 2,000 square feet or one percent of the
combined area if additional lots were not created and the total area of
resulting ownership was not reduced below the minimum size required by
this Chapter or by Chapter 59.
4.
Single residential lot. One detached house dwelling unit, on a parcel, not
previously included on a record plat, that has not changed in size or shape
since June 1, 1958, if a description and location of the parcel and proposed
structure is submitted to the Planning Department sufficient to:
Single residential lot.
(1) An application for a building permit for one (1) single-family detached dwelling
unit, on a parcel, not previously included on a recorded plat, which has not changed in size or
shape since June 1, 1958, provided:
12-23-14 DRAFT
a.
locate the parcel on the tax maps of Montgomery County;
b.
show that the approval of the building permit application would

not result in obstructing the future opening, extension or widening
of any necessary road, or otherwise jeopardize any planned public
18

EXISTING CHAPTER
(D)
facility;
Approval of the permit would not affect adversely the general plan for the
physical development of the regional district or any portion thereof.
c.
show that the parcel and use comply with the zoning ordinance
and show the setbacks and any other information needed to check
compliance with regulations, including establishment of a building
restriction line along any existing or proposed road sufficient to
provide for future expansion or opening of such road to its
ultimate width; and
d.
show that the approval of the permit would not adversely affect
the General Plan for the physical development of the Regional
District.
(2) An application for a building permit to rebuild a one-family detached

dwelling unit, on a parcel or on part of a lot, when the permit is to rebuild a dwelling
involuntarily demolished by fire, wind, falling debris, water, or other force of nature.
The new replacement dwelling must be located:
(g)
(A)
on the same footprint as the demolished dwelling; or
(B)
on the same lot or part of a lot where current zoning setback

standards are satisfied.
(i)
5.
Telecommunications facilities. Telecommunications towers/antennas,

including associated accessory structures.
6.
Certain Residential Property in the City of Takoma Park. Property located

in the portion of the City of Takoma Park annexed into Montgomery
County on July 1, 1997 that was recorded by a deed before January 1, 1982
and which remains otherwise buildable under the Prince Georges County
Zoning and Subdivision Regulations on June 30, 1997, if a description and
locational survey drawing of the property and proposed structure is
submitted to locate them on the tax map of Montgomery County.
7.
Certain commercial properties adjoining state highways. An addition to a

building on property zoned for commercial uses:
Telecommunications towers/antennas, including associated accessory structures,

unless or until other development of the land which requires a subdivision plan.
(h)
Certain Residential Property in the City of Takoma Park. An application for a building
permit for one single-family detached dwelling unit on property located in the portion of the City of
Takoma Park annexed into Montgomery County on July 1, 1997 that was recorded by a deed prior
to January 1, 1982 and which remains otherwise buildable under the Prince Georges County
Zoning and Subdivision Regulations on June 30, 1997, provided that a description and locational
survey drawing of the lot and proposed structure have been furnished with the permit application,
sufficiently detailed to locate the lot and structure on the 1 inch equal 200 foot scale base map of
Montgomery County. (Mont. Co. Code 1965, 104-8; Ord. No. 5-171, 1; Ord. No. 10-60, 1;
Ord. No. 10-78, 2; Ord. No. 13-57, 2; Ord. No. 13-84, 1; Ord. No. 15-22, 2.)
Certain commercial properties adjoining state highways. An application for a

building permit for an addition to a building on commercially zoned property:
(1) adjoining a state highway;
12-23-14 DRAFT
a.
adjoining a state highway;
b.
located within a state approved Community Legacy Plan Area on

19

EXISTING CHAPTER
(2) located within a state approved Community Legacy Plan Area on October
30, 2012;
12-23-14 DRAFT
October 30, 2012;

c.
with less than 10,000 square feet of gross floor area on October
30, 2012 where subsequent building permits cumulatively allow
increases in total gross floor area by less than 2,000 square feet;
and
d.
that includes a description and locational survey drawing of the

property and proposed structure at a 1 inch equals 50-foot scale
that demonstrates that the additional floor area will not extend
into any adopted master plan road right-of-way.
(3) with less than 10,000 square feet of gross floor area on October 30, 2012
where subsequent building permits cumulatively allow inicreases in total gross
floor area by less than 2,000 square feet; and
(4) that includes a description and locational survey drawing of the lot and
proposed structure on a 1 inch equals 50-foot scale base map of Montgomery
County in any building permit application that demonstrates that the additional
floor area will not extend into any adopted master plan road right-of-way.(Mont.
Co. Code 1965, 104-8; Ord. No. 5-171, 1; Ord. No. 10-60, 1; Ord. No. 10-78,
2; Ord. No. 13-57, 2; Ord. No. 13-84, 1; Ord. No. 15-22, 2;
Sec. 50-10. Specifications; information to contain; surveyor's certificates, etc.
Section not retained.
Such plats shall be made or drawn upon tracing linen or parchment of the uniform size of
eighteen (18) inches by eighteen (18) inches, shall contain the directions and distance of all lines
drawn thereon or such of them as will enable each lot, block, avenue, lane or alley thereof to be
accurately described by metes and bounds, courses and distances, calculated to the true meridian;
there shall be endorsed upon each of such plats a certificate of the surveyor making the same, that
the lots or blocks and squares therein indicated are a part of the whole land conveyed to the maker
of a plat by a deed or conveyance, of which the date and place of record shall be given; and when
such a plat shall be of land acquired by more than one conveyance, the outlines of the land acquired
by the several conveyances shall be indicated by red lines drawn upon such plat, and the surveyor's
certificate shall assign the various lots, blocks, etc., to the respective conveyances out of which the
same shall have been taken, and shall also certify that a monument stone of not less than six (6)
inches in diameter at the top has been planted two (2) feet in the ground at each end of one of the
principal lines of such plat, and that the locations of such stones are properly indicated on such plat;
provided, however, that nothing in this section shall prevent the maker of any such plats from
placing the same on record in sections of the size hereinbefore provided. (Mont. Co. Code 1965,
20

EXISTING CHAPTER
12-23-14 DRAFT
17-2; 1894, ch. 622, 60B; 1912, ch. 790, 400.)

Sec. 50-11. Dedications to public use; area in square feet to be shown.
Section not retained; requirement added to plat specifications.
No plat showing or containing a dedication of property to public use, for any purpose whatsoever,
shall be recorded or accepted for recording after the effective date of this section, unless there shall
be stated thereon, in square feet, the total amount of land dedicated to public use thereby. (Mont.
Co. Code 1965, 17-3.)
Sec. 50-12. Filing; fees; indexing, etc.
Section 50.9.3 Recording Procedure
The maker of such plat when the same shall be presented for record shall furnish the clerk
A.
of the circuit court for the county two (2) copies of such plat, with a direction, endorsed thereon and
signed by the owner of the land subdivided, to the clerk to record the plat, one of which shall be by
the clerk placed in and attached to the book hereinafter provided for, and the other shall, by the
clerk, be attached to and made a part of the substance records, now by law required to be kept,
and shall transmit the same with the substance record, to the commissioner of the land office as
now by law directed; and shall index in the general index of the land records kept by him all plats
so filed and recorded, both in the names of the subdivisions as given upon such plats and in the
name of the owners so signing the direction aforesaid; and the clerk shall receive for each plat or
B.
section of the plat so filed with him, the sum of one dollar ($1.00); the maker of such plat shall, at
the same time, furnish to the surveyor of the county, a copy of such plat, endorsed as aforesaid,
which shall be by the county surveyor, placed in and attached to the plat book in this chapter
required by him to be kept, and the county surveyor shall receive a fee of one dollar ($1.00) for
each plat so filed with him. (Mont. Co. Code 1965, 17-4; 1894, ch. 622, 60C; 1912, ch. 790,
401; 1914, ch. 134.)
C.
Sec. 50-13. Plat books.
Processing of plats.
1.
The Planning 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 licensed land surveyor who prepared the plat must
be impressed upon the original approved plat and reproductions.
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 at all times unless required by court order as an exhibit.
Indexing. The Clerk of the Circuit Court must record the plat and index 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 the name of the owners signing the plat.
Section not retained
The clerk of the circuit court and the surveyor of the county shall provide, and the county shall pay
21

EXISTING CHAPTER
12-23-14 DRAFT
for, suitable books, to be designated Plat Book No., etc., in which such plats shall be affixed.
(Mont. Co. Code 1965, 17-5; 1894, ch. 622, 60D; 1912, ch. 790, 402.)
Sec. 50-14. Effect of filing.
D.
Such plats, when filed for record as in this chapter provided, shall constitute a part of the
land records of the county, and shall have the same force and effect as to notice as is now given to
properly recorded deeds. (Mont. Co. Code 1965, 17-6; ch. 622, 60E; 1912, ch. 790, 403.)
Sec. 50-15. Land dedicated to public use; abandonment of subdivisions.
Section 50.9.4. Abandonment of Land Dedicated for Public Use
(a)
When a plat is recorded, land designated on the plat as a drainage way, path, walk,
street, road, avenue, lane, alley, public park or square, or other area dedicated to
public use must be dedicated in perpetuity to public use. Any land dedicated under
this Section must not be altered or taken for private use.
(b)
Nothing in this Section affects the rights of any person owning or claiming any
interest in land derived from any person other than the person who originally filed
the plat, or from the original filer before subdivision.
(c)
The person who originally filed the plat, any successor in interest, or the County
may petition to abandon any land dedicated under this Section.
(1)
If the land has been in public use, the Council may authorize the
abandonment of all or part of the land or subdivision as provided in
Section 49-63.
(2)
If the land has not been in public use, the Board may authorize the
abandonment of all or part of the land or subdivision as provided in
Section 49-68.
(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.)
Sec. 50-16. Recording copies of plats previously filed-Generally.
A.
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 force and effect as to notice
as is given to properly recorded deeds.
When a record plat contains land dedicated 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:
1.
by the Council under Section 49-63 if the land has been in public use; or
2.
by the Planning Board under Section 49-68 if the land has not been in
public use.
Expanded the Minor Subdivision for Plats of Correction to include the option of making a
22

EXISTING CHAPTER
Whenever the owner of any lands of which a plat has been heretofore made and placed in
the land record books of the county shall cause to be made an exact copy of such plat, except as to
necessary change of scale and the addition of such matter as may be necessary to make the same
conform to the requirements of the preceding sections, and shall comply with the requirements of
the preceding sections as applied to plats of new subdivisions, the same may be admitted to record
and filed as other plats, and the clerk shall thereupon remove the original plat from the record
books, or place where the same shall have been filed, and endorse upon such record book or place
where the same has been filed, a certificate that the plat heretofore filed in such record book has
been copied and made to conform to the provisions of this chapter, and has been filed and recorded
under the provisions of this chapter, which certificate shall give the liber and folio where the new
plat may be found; provided, that before the new plat shall be entitled to record, as hereinbefore
provided, there shall be endorsed upon same, in addition to the other certificate, required by this
chapter, the certificate of the county surveyor of the county, that the same is an exact copy of such
original plat, except as to those changes made necessary by the provisions of this chapter. (Mont.
Co. Code 1965, 17-8; 1894, ch. 622, 60G; 1912, ch. 790, 405.)
Sec. 50-17. Same-Effect on instruments previously recorded.
copy of an existing plat.
12-23-14 DRAFT
Division 50.8. Minor Subdivisions

Section 50.8.1. Applicability
E.
Plat of Correction. A plat of correction may be used for the following:

1.
A plat to correct inaccurate or incomplete information shown on a

previously recorded subdivision 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 that
is being replaced and contain a note identifying the nature of the
correction;
2.
A plat to revise easements to reflect a Planning Board action; and
3.
In order 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.
Section not retained; new plat of correction would replace the old plat.
23

EXISTING CHAPTER
12-23-14 DRAFT
After such new plats shall have been recorded, and such certificate endorsed upon the land
record books, as hereinbefore provided, all deeds, mortgages and other instruments of writing
conveying any interest in any lands, referring for a part of the description of the same to a plat
mentioned as being recorded among the land record books of the county, shall be taken and deemed
to refer to the place at which the new plats shall, by the clerk's certificate, be stated to be recorded.
(Mont. Co. Code 1965, 17-9; 1894, ch. 622, 60H; 1912, ch. 790, 406.)
Sec. 50-18. Plats recorded prior to April 6, 1904; clerks to have copies made; procedure.
The clerk of the circuit court for the county is hereby authorized and directed to have true and
accurate copies made of all the plats of subdivisions of land recorded among the land record books
of the county prior to April 6, 1904. Such copies are to be made upon tracing-linen or parchment of
the dimensions required by section 50-10, the scale upon which the original plats were drawn to be
so reduced as to allow the copy to be made of the size hereby required; provided, however, that
where it is deemed by the clerk to be expedient to do so, the copies may be made in sections as
elsewhere in this Code allowed. When and as such copies are made they shall be inserted and
recorded in a plat book of the same kind and dimensions as elsewhere herein directed and shall
become part of the official land records of the county. Upon the insertion of the copy in the plat
book the original plat shall be removed from the land record books, the clerk noting upon the
margin of the record books the name of the subdivision of which the plat is so removed and the
number and page of the plat book where the copy is recorded, and noting on the plat so inserted in
the plat book the liber and folio of the land records where such plat was originally recorded. And
all references in conveyances of land or any other legal proceedings to the plat by the place of its
original record, shall be held to apply and refer to the copy of the plat made and recorded in plat
books as herein provided. (Mont. Co. Code 1965, 17-10; 1914, ch. 92, 406A.)
Sec. 50-19. Endorsements on copies by county surveyor; fees.
Before the copies shall be substituted for the original plats as herein provided, there shall be
endorsed upon each copy a certificate of the county surveyor that it is a true and accurate copy of
the original plat of which it purports to be a copy, for each of which endorsements the county
surveyor shall be entitled to a fee of one dollar ($1.00) to be paid by the county, as other fees are
paid him for public work. (Mont. Co. Code 1965, 17-11; 1914, ch. 92, 406D.)
Sec. 50-20. Limits on issuance of building permits.
Section 50.3.2. Record Plat Required

24

EXISTING CHAPTER
(a)
(b)
12-23-14 DRAFT
The Department of Permitting Services must not approve a building permit for the
construction of a dwelling or other structure, except a dwelling or structure on a
farm strictly for agricultural use, unless the dwelling or structure would be located
on a lot or parcel of land which is shown on a plat recorded in the County plat
books, and which has access as prescribed in Section 50-29(a)(2). However, the
Department may issue a building permit for:
A.
Any subdivision of land must be included on a plat approved by the Planning Board
and recorded before sale of any part of the subdivided land.
B.
A building permit for the construction of a building must not be issued unless the
building would be located on a lot or parcel which is shown on a plat recorded in
the County Land Records.
(1)
A parcel covered by an exception specified in Section 50-9;
Existing Section 50-20(b) proposed to be moved to Chapter 8.
(2)
A parcel covered by a valid site plan approved after October 8, 1981, under
Division 59-D-3, on which construction had begun by October 8, 1985, or
Section 50.5.3. Technical Review
on the medical center; or
(3)
A parcel covered by a special exception approved under Division 59-G-1,

which was being implemented as of October 8, 1985.
A building permit must not be approved for the construction of a dwelling or other
structure, except a dwelling or structure strictly for agricultural use, which is
located on more than one lot, which crosses a lot line, which is located on the
unplatted remainder of a resubdivided lot, or which is located on an outlot, except a
building permit:
(1)
applied for on or before February 1, 1985;
(2)
approved after February 1, 1985, for development that crosses a lot line
where a wall is located on, but not over, the lot line and there are
projections for the roof, eaves, and foundation footings which project not
more than 2 feet across the vertical plane of the lot line; and projections for
sills, leaders, belt courses and similar ornamental features which project
not more than 6 inches across the vertical plane of the lot line;
F.
Adequate Public Facilities Ordinance (APFO)

1.
Definitions. Words and phrases used in this Subsection have the meanings
indicated in Section 8-30.
2.
Applicability
The Planning Board must not approve a Preliminary Plan unless the
Planning Board finds that public facilities will be adequate to
support and service the subdivision. Public facilities and services
to be examined for adequacy include roads and public
transportation facilities, sewer and water service, schools, police
stations, firehouses, and health clinics.
25

EXISTING CHAPTER
(3)
for an aboveground or underground public facility or amenity that crosses

the vertical plane of any lot line, as projected below grade, if shown on a
CBD Zone Project Plan for optional method development, approved in
accordance with the procedures of Division 59-D-2; or if shown on a
Development Plan approved in accordance with the procedures of Division
59-D-1;
(4)
for an underground parking facility that crosses the vertical plane of any
lot line, as projected below grade, or extends into a public right-of-way if
that extension is approved by the appropriate public agency; or
(5)
for an addition to an existing one-family dwelling, a porch, deck, fence or

accessory structures associated with an existing one-family dwelling
located on part of a previously platted lot, recorded by deed before June 1,
1958.
(c)
(1)
Words and phrases used in this subsection have the meanings
(2)
Except as provided in this subsection and Article IV of Chapter 8, the

Department of Permitting Services may issue a building permit only if the
Planning Board has made a timely determination of the adequacy of public
facilities to serve the proposed development under this Chapter. However,
the Department may issue a building permit for any proposed development
that is:
(A)
exclusively residential on a lot or parcel recorded before July 25,

1989, or otherwise recorded in conformance with a preliminary
plan of subdivision approved before that date; or
(B)
otherwise exempt from the requirement for determining adequacy

of public facilities before a preliminary plan of subdivision is
3.
4.
12-23-14 DRAFT
Exemptions. The following are exempt from the requirements of this

Section:
a.
Exclusively residential development on a lot or parcel recorded by

plat before July 25, 1989, or otherwise recorded in conformance
with a Preliminary Plan approved before that date;
b.
Any place of worship, residence for religious staff, parish hall,

school, or day care associated with a place of worship that does
not generate peak hour vehicle trips is exempt from the traffic
test; and
c.
Additions to schools associated with a place of worship that

existed before July 25, 1989, regardless of peak hour vehicle trips,
is exempt from the traffic test.
Approval procedure
a.
Each applicant for a Preliminary Plan must submit sufficient

information for the subdivision to demonstrate the expected
impact on and use of public facilities and services by the
subdivision.
b.
The Planning Board must consider the recommendations of the

Executive and other agencies in determining the adequacy of
public facilities and services under the subdivision staging policy or
other applicable guidelines.
c.
For a proposed subdivision located in a Transportation

26

EXISTING CHAPTER
12-23-14 DRAFT
Management District designated under Chapter 42A, Article II, if

the Planning Board finds, under criteria and standards adopted by
the County Council, that additional transportation facilities or
traffic alleviation measures are necessary to ensure that public
transportation facilities will be adequate to serve the subdivision,
the subdivision plan must be subject to the execution of a traffic
mitigation agreement.
approved.
(3)
(A)
A determination of adequate public facilities made under
this Chapter is timely and remains valid:
(i)
for 12 years after the preliminary plan is approved for any

plan approved on or after July 25, 1989, but before
October 19, 1999;
(ii)
for no less than 5 and no more than 12 years after the

preliminary plan is approved, as determined by the
Planning Board at the time of approval, for any plan
approved on or after October 19, 1999, but before August
1, 2007;
(iii)
(iv)
(B)

preliminary plan is approved, as determined by the
approved on or after April 1, 2009, but before April 1,
2013; and
preliminary plan is approved, as determined by the Board
at the time of approval, for any plan approved on or after
August 1, 2007, and before April 1, 2009, or on or after
April 1, 2013.
If an applicant requests a validity period that is longer than the

minimum specified in this paragraph, the applicant must submit a
development schedule or phasing plan for completion of the
project to the Board for its approval. At a minimum, the proposed
development schedule or phasing plan must show the minimum
5.
Validity Period.
a.
A determination of adequate public facilities made under this

Chapter is timely and remains valid:
i.
for 12 years after the Preliminary Plan is approved for any

plan approved after July 24, 1989, but before October 19,
1999;
ii.

Preliminary Plan is approved, as determined by the
approved after October 18, 1999, but before August 1,
2007;
iii.

approved after March 31, 2009, but before April 1, 2015;
27

EXISTING CHAPTER
percentage of the project that the applicant expects to complete in

the first 5 or 7 years, as appropriate, after the preliminary plan is
approved. To allow a validity period longer than the minimum
specified in this paragraph, the Board must find that the extended
validity period would promote the public interest. The Board may
condition a validity period longer than the minimum specified in
this paragraph on adherence to the proposed development schedule
or phasing plan, and may impose other transportation improvement
or mitigation conditions if those conditions are needed to assure
adequate levels of transportation service during the validity period.
(3A)
A determination of adequate public facilities made

under this Chapter is timely and remains valid:
(i)
For 10 years after the date of the conveyance of land to the

County, or possession of building space by the county for
an arts or entertainment use, under a preliminary plan for
an optional method of development project approved
under Section 59-C-6.2356.
(ii)
The Board must grant an application to extend the validity

period established under this paragraph for an additional 5
years if:
a.
at least 20% of the approved development,

excluding the arts or entertainment use, either
separately or in combination:
1.
has been built;
2.
is under construction;
12-23-14 DRAFT
and
iv.
b.

approved after July 31, 2007, and before April 1, 2009, or
after March 31, 2015.
If an applicant requests a validity period that is longer than the

minimum specified in 5.a., the applicant must submit a
development schedule or phasing plan for completion of the
project to the Planning Board for its approval.
i.
At a minimum, the proposed development schedule or

phasing plan must show the minimum percentage of the
project that the applicant expects to complete in the first 5
or 7 years, whichever is the applicable minimum, after the
Preliminary Plan is approved.
ii.
To allow a validity period longer than the specified

minimum, the Planning Board must find that the size or
complexity of the subdivision warrant the extended
validity period and would not be adverse to the public
interest. The Planning Board must condition a validity
period longer than the specified minimum on adherence
to the proposed development schedule or phasing plan,
and may impose other improvements or mitigation
28

EXISTING CHAPTER
(iii)
3.
is subject to building permits that have

been issued;
4.
is subject to a valid lease; or
5.
has had a site plan approved under Section

59-D-3; or
b.
at any time during the 24 months before the

application for extension being filed, the vacancy
rate for class A office buildings in the Central
Building District in which the project is located
reaches 10% for direct and sublet space combined,
as measured by CoStar or a similar commercial
Multiple Listings Service benchmark; or
c.
the applicant makes a binding commitment to the

County to make a contribution, as compensation
for potential loss of property tax revenues, an
amount equal to $2 for each square foot of
approved taxable improvements and thereafter
makes the contribution within 6 months of final
approval of the extension.
The validity period is extended for the duration of any

government imposed moratorium, or other government
action resulting in a similar effect, that would prevent the
applicant from:
a.
completing the regulatory approvals necessary for

obtaining a building permit; or
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conditions if those conditions are needed to assure

adequate levels of transportation or school service during
the validity period.
6.
Validity Period County Arts or Entertainment Use. A determination of

adequate public facilities made under this Chapter is timely and remains
valid:
a.
For 10 years after the date of the conveyance of land to the

County, or possession of building space by the County for an arts
or entertainment use, under a Preliminary Plan for an optional
method of development project approved under Section 59-C6.2356 of the zoning ordinance in effect on October 29, 2014.
b.
The Planning Board may grant an application to extend the validity

period established under this paragraph for an additional 5 years
if:
i.
at least 20% of the approved development, excluding the

arts or entertainment use, either separately or in
combination:
(a)
has been built;
(b)
is under construction;
(c)
is subject to building permits that have been
issued;
29

EXISTING CHAPTER
b.
(iv)
(4)
(d)
obtaining a building permit.
(e)
If the applicant proposes to change a use in a project that

is approved under Section 59-C-6.2356 and the new use
would have the same or lesser impact as the original
determination of adequate public facilities, the adequate
public facilities approval for the project remains valid.
The Planning Board may extend a determination of adequate public

facilities for an exclusively residential subdivision beyond the otherwise
applicable validity period if the Department has issued building permits for
at least 50 percent of the entire subdivision before the application for
extension is filed. The Board may approve one or more extensions if the
aggregate length of all extensions for the development does not exceed:
(A)
(B)
2 1/2 years for a subdivision with an original validity

period of 5 years; or
(ii)
6 years for a subdivision with an original validity period

longer than 5 years; and
c.
for a preliminary plan approved on or after April 1, 2009, and

before April 1, 2013:
(i)
2 1/2 years for a subdivision with an original validity

period of 7 years; or
(ii)

longer than 7 years.
d.
is subject to a valid lease; or

has had a site plan approved under Section 597.3.4; or
ii.
at any time during the 24 months before the application

for extension being filed, the vacancy rate for class A office
buildings in the Central Business District in which the
project is located reaches 10% for direct and sublet space
combined, as measured by a commercial Multiple Listings
Service benchmark; or
iii.
the applicant makes a binding commitment to the County

to make a contribution, as compensation for potential loss
of property tax revenues, an amount equal to $2 for each
square foot of approved taxable improvements and
thereafter makes the contribution within 6 months of final
approval of the extension.
for a preliminary plan approved before April 1, 2009, or on or after

April 1, 2013:
(i)
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The validity period is extended for the duration of any government

imposed moratorium, or other government action resulting in a
similar effect, that would prevent the applicant from:
i.
completing the regulatory approvals necessary for

obtaining a building permit; or
ii.
obtaining a building permit.
If the applicant proposes to change a use in a project that is

30

EXISTING CHAPTER
(5)

facilities for a preliminary plan of subdivision for nonresidential
development beyond the otherwise applicable validity period if:
(A)
(6)
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approved under Section 59-C-6.2356 of the zoning ordinance in

effect on October 29, 2014, and the new use would have the same
or lesser impact as the original determination of adequate public
facilities, the adequate public facilities approval for the project
remains valid.
at least 40% of the approved development has been built, is under

construction, or building permits have been issued, such that the
cumulative amount of development will meet or exceed 40%;
(B)
all of the infrastructure required by the conditions of the original

preliminary plan approval has been constructed, or payments for
its construction have been made; and
(C)
the development is an active project, meaning that either

occupancy permits have been issued or a final building permit
inspection has been passed for at least 10 percent of the project
within the 4 years before an extension request is filed, or
occupancy permits have been issued for at least 5 percent of the
project within the 4 years before an extension request is filed if 60
percent of the project has been built or is under construction. If
occupancy permits are not typically issued for the type of
development for which an extension is requested, a part of the
development can be treated as complete when its final inspection
has been approved. The Board may treat a building as complete
even if occupancy permits have been issued for only part the
building.
For any development that consists of more than one preliminary plan, the
requirements in paragraph (5) apply to the combined project. A project
consists of more than one preliminary plan if the properties covered by the
preliminary plans of subdivision are contiguous and:
7.
Extensions
a.
Application. For each extension of an adequate public facilities

determination:
i.
the applicant must file an application for an extension with

the Planning Board before the applicable validity period
has expired;
ii.
the applicant must submit a new development schedule or

phasing plan for completion of the project to the Planning
Board for approval;
iii.
the applicant must not propose any additional

development beyond the amount approved in the original
determination;
iv
the Planning Board must not require any additional public

improvements or other conditions beyond those required
for the original Preliminary Plan; and
v.
the Planning Board may require the applicant to submit a

traffic study to demonstrate how the extension would
31

EXISTING CHAPTER
(A)
were owned or controlled by the same applicant at the time of

subdivision, and approved contemporaneously, or
(B)
were owned or controlled by different applicants at the time of

subdivision, but covered by a single approved comprehensive
design plan.
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promote the public interest.

b.
(7)
(8)
For each extension of an adequate public facilities determination;

(A)
the applicant must submit a new development schedule or phasing

plan for completion of the project to the Board for approval;
(B)
the applicant must not propose any additional development beyond

the amount approved in the original determination;
(C)
the Board must not require any additional public improvements or

other conditions beyond those required for the original preliminary
plan;
(D)
the applicant must file an application for an extension with the

Board before the applicable validity period has expired; and
(E)
the Board may require the applicant to submit a traffic study to

help the Board decide if the extension would promote the public
interest.
The length of any extension of the validity period, or all extensions taken
together if more than one extension is allowed, under paragraph (5) must
be based on the approved new development schedule under paragraph
7(A), but must not exceed 2 1/2 years for any development with less than
150,000 square feet, or 6 years for any development with 150,000 square
feet or greater. The extension expires if the development is not proceeding
c.
d.
The Planning Board may approve an amendment to the new

development schedule approved under paragraph 7.a.ii., if the
applicant shows that financing has been secured for either:
i.
completion of at least one new building in the next stage

of the amended development schedule; or
ii.
completion of infrastructure required to serve the next

stage of the amended development schedule.
Exclusively Residential Subdivisions. The Planning Board may

extend a determination of adequate public facilities for an
exclusively residential subdivision beyond the otherwise applicable
validity period if the Department of Permitting Services has issued
building permits for at least 50 percent of the entire subdivision
before the application for extension is filed. The Planning Board
may approve one or more extensions if the aggregate length of all
extensions for the development does not exceed:
i.
2.5 years for a subdivision with an original validity period

of 7 years or less; or
ii.

longer than 7 years.
Nonresidential or Mixed-use Subdivisions.
32

EXISTING CHAPTER
in accordance with the phasing plan unless the Board has approved a
revision to the schedule or phasing plan.
(9)
(10)
The Planning Board may approve one or more additional extensions of a

determination of adequate public facilities, up to the time period allowed
under paragraph (8), beyond any extension allowed under paragraph (5), if:
(A)
no more than 30% remains to be built of either the entire approved

development or the share of the development to be built by that
applicant; or
(B)
the applicant will commit to reduce the amount of unbuilt

development by at least 10%, and the validity period for the
amount to be reduced will expire as scheduled.

facilities once for up to 12 more years beyond the otherwise applicable
validity period if the Board finds that:
(A)
the preliminary subdivision plan for the development required a

significant commitment of funds by the applicant, amounting to at
least $2,500,000, to comply with specified infrastructure
conditions;
(B)
the applicant has met or exceeded the required infrastructure

conditions during the original validity period; and
(C)
the applicants satisfaction of the required infrastructure conditions

provides a significant and necessary public benefit to the County
by implementing infrastructure goals of an applicable master or
sector plan.
i.
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The Planning Board may extend a determination of

adequate public facilities for a Preliminary Plan for
nonresidential or mixed-use development beyond the
otherwise applicable validity period if:
(a)
building permits have been issued for structures

that will generate at least 40% of the total
approved peak-hour vehicle trips associated with
the development;
(b)
all of the infrastructure required by the conditions

of the original Preliminary Plan approval has been
constructed, or payments for its construction have
been made; and
(c)
either occupancy permits have been issued, or a

final building permit inspection has been passed
for:
(1)
structures that generate at least 10

percent of the total peak-hour vehicular
trips associated with the project within
the 4 years before an extension request is
filed; or
(2)
structures that generate at least 5 percent

of the total peak-hour vehicular trips
associated with the project within the 4
33

EXISTING CHAPTER
(11)
12-23-14 DRAFT
years before an extension request is filed,

if structures that generate at least 60
percent of the total peak-hour vehicular
trips associated with the project have
been built or are under construction.
The Board may approve an amendment to the new development schedule

approved under paragraph 7(A) if the applicant shows that financing has
been secured for either:
(A)
completion of at least one new building in the next stage of the

amended development schedule; or
(B)
completion of infrastructure required to serve the next stage of the

amended development schedule.
(12)
The validity period of a finding of adequate public facilities is not

automatically extended under any circumstance, including when an
applicant has completed all conditions imposed by the Planning Board at
the time of preliminary plan approval to meet adequate public facilities
requirements.
(13)
If a new adequate public facilities determination is required under this

subsection, the procedures in section 8-32 apply. (Mont. Co. Code 1965,
104-9; Ord. No. 10-47, 2; Ord. No. 10-60, 2; Ord. No. 10-73, 1; Ord.
No. 10-78, 3; Ord. No. 11-53, 2; Ord. No. 13-65, 1; Ord. No. 14-8,
1; Ord. No. 15-67, 1; Ord. No. 16-10, 1; Ord. No. 16-26; 1; Ord. No.
16-35, 1; Ord. No. 17-04, 1.)
ii.
For any development that consists of more than one

Preliminary Plan, the requirements in 7.d.i. apply to the
combined project. A project consists of more than one
Preliminary Plan if the properties covered by the
Preliminary Plans of subdivision are contiguous and were
approved at the same time.
iii.
The length of any extension of the validity period granted

under paragraph 7.d.i. must be based on the approved
new development schedule under paragraph 7.a.ii., but
must not exceed:
iv.
(a)
2.5 years for a subdivision with an original validity

period of 7 years or less; or
(b)
6 years for a subdivision with an original validity

period longer than 7 years.
The extension expires if the development is not

proceeding in accordance with the phasing plan unless the
Planning Board has approved a revision to the schedule or
34

EXISTING CHAPTER
12-23-14 DRAFT
phasing plan.
v.
e.
In addition to the extension permitted in 7.d.iii., the

Planning Board may approve one additional extension of a
determination of adequate public facilities not to exceed a
total of 2.5 or 6 years, as applicable, if:
(a)
development that generates no more than 30% of

the total peak-hour vehicular trips remains to be
built of either the entire approved development or
the share of the development to be built by that
applicant; or
(b)
the applicant will commit to reduce the amount of

unbuilt development by at least 10%, and the
validity period for the amount to be reduced will
expire as scheduled.
The Planning Board may extend a determination of adequate

public facilities once for up to 12 more years beyond the otherwise
applicable validity period if the Planning Board finds that:
i.
the Preliminary Plan for the development required a

significant commitment of funds by the applicant,
amounting to at least $2,500,000 as adjusted annually
pursuant to the consumer price index from April 10, 2006,
to comply with specified infrastructure conditions;
35

EXISTING CHAPTER
f.
12-23-14 DRAFT
ii.
the applicant has met or exceeded the required

infrastructure conditions during the original validity
period; and
iii.
the applicants satisfaction of the required infrastructure

conditions provides a significant and necessary public
benefit to the County by implementing infrastructure
goals of an applicable master or sector plan.
The validity period of a finding of adequate public facilities is not

automatically extended under any circumstance, including when
an applicant has completed all conditions imposed by the Planning
Board at the time of Preliminary Plan approval to meet adequate
public facilities requirements.
g.
Sec. 50-21. Road grade approval prerequisite to construction of improvements or installation

of utilities.
No final grading, sidewalk or pavement construction, or installation of utilities shall be permitted in
the bed of any proposed street in any subdivision until the grade has been approved in accordance
with this chapter. (Mont. Co. Code 1965, 104-10.)
Sec. 50-22. Dedication of streets, roads, etc.

A plat shall be filed and recorded to effectuate the dedication of a highway, street or alley or any
If a new adequate public facilities determination is required under

this Subsection, the procedures in Section 8-32 apply.
E.
Public Improvements
1.
Roads
f.
Road grade approval. No final grading, sidewalk or pavement
construction, or installation of utilities must be permitted in the
bed of any proposed public or private road in any preliminary plan
or simplified preliminary plan until the grade has been approved
under this Chapter.
We assume this was written for CIP or other road projects involving public taking
procedures and these dont go through Chapter 50 platting process. Also, dedications are
36

EXISTING CHAPTER
part thereof, unless otherwise determined by the county; or in the case of an incorporated
municipality or special taxing area, unless otherwise determined by the board. (Mont. Co. Code
1965, 104-11.)
Sec. 50-23. General procedures for submission of subdivision plans.
(a)
Phases. In order to provide an orderly basis for the processing of subdivision plans
prior to approval, the board will consider such plans in two (2) stages, as follows:
(1)
(2)
(b)
(c)
The preliminary plan must be submitted with application and fee for
conditional or tentative approval. A preliminary plan is not required for a
minor subdivision as provided for in Sec. 50-35A of the Code.
12-23-14 DRAFT
accepted by deed now by the County.
Division 50.4. Administration

Section 50.4.3. Submission Procedures for Subdivision Plans
A.
The final plat for recordation of all or part of a subdivision shall be

submitted with required supporting data and documents, together with
application for approval and plat fee.
Rejection. The board may reject a subdivision for part of a tract if the size and
shape of the property as submitted prevent designing a plan which will meet
standards established by these regulations and require all or a larger part of the
tract to be platted to meet this chapter, the road construction code or other
ordinances or regulations.
Area within pending zoning map amendments. In order to facilitate the orderly
coordination of this ordinance with the Montgomery County rezoning procedures,
the board may reject a proposed plan of subdivision if all or any part of said plan
lies within the boundaries of a pending amendment to the zoning map. Any plan so
rejected may be resubmitted to the board without additional filing fees immediately
upon the final disposition of the pending amendment; provided, that this subsection
shall not apply nor shall an additional fee be required to refile whenever any map
amendment is still pending on the whole or any part of such plan after the passage
of six (6) months from the date of the original submission of the plan.
Steps. The Planning Board will consider subdivision of land as follows:

1.
Except for a simplified or minor subdivision under Divisions 50.7 and 50.8,
a complete Preliminary Plan application must be submitted with
application form and fee. A Preliminary Plan is not required for a
simplified or minor subdivision under Divisions 50.7 and 50.8.
2.
The final plat of all or part of an approved subdivision plan must be

submitted with required supporting data and documents, application
form, and plat fee.
B.
Subdivision of Part of a Tract. The Director may reject a subdivision plan

application for part of a tract if the size and shape of the property as submitted
prevent designing a plan which will meet standards established by these
regulations and require all or a larger part of the tract to be platted to meet this
Chapter, the Road Design and Construction Code or other laws or regulations.
C.
Area within Pending Zoning Map Amendments. The Director may reject a
subdivision plan if all or any part of the plan lies within the boundaries of a
pending amendment to the zoning map. The plan may be resubmitted
immediately after the final disposition of the pending amendment. This
Subsection must not apply if any map amendment is still pending 6 months after
37

EXISTING CHAPTER
(d)
In order to coordinate the review of a subdivision plan with County planning and
zoning procedures, the Planning Board may defer action on a proposed subdivision
plan application, that has been determined to be complete, if all or any part of the
plan lies within the boundaries of and conflicts with the proposals of a pending
plan or plan amendment. For purposes of this section a pending plan or plan
amendment is a preliminary draft or final draft of a master plan or sector plan or
master plan or sector plan amendment as prepared by The Maryland-National
Capital Park and Planning Commission in accordance with the work program
approved by the District Council and the provisions of Chapter 33-A of the County
code.
12-23-14 DRAFT
the date of the submission of the plan.

D.
Area within Pending Master Plan. The Planning Board may defer action on a
proposed subdivision plan application, if all or any part of the plan is located in the
boundaries of and conflicts with the proposals of a pending master plan or master
plan amendment.
1.
A proposed subdivision plan deferred under this Section may be

resubmitted to the Planning Board either:
A proposed subdivision plan deferred under this section must be resubmitted to the
Planning Board either:
a.
after the final disposition by the District Council of the pending

master plan or the master plan amendment; or
(a)
b.
no later than 12 months from the date the Planning Board

approves the public hearing draft master plan or master plan
amendment, unless there is a determination by the Planning Board
that the subdivision plan application presents a substantial conflict
with the proposed public hearing draft master plan or master plan
amendment, in which case a subdivision plan application may be
deferred at the option of the Planning Board for a maximum
period of 18 months from the date the Planning Board approves
the public hearing draft master plan or master plan amendment,
but in no event beyond the period in Subsection (a).
following the final disposition by the District Council of the pending plan or the
plan amendment; or
(b)
no later than 12 months from the completion date of the preliminary draft plan or
preliminary draft plan amendment, unless there is a determination by the Planning
Board that the subdivision plan application presents a substantial conflict with the
proposed land use objectives of the draft plan or draft plan amendment, in which
case a subdivision plan application may be deferred at the option of the Planning
Board for a maximum period of 18 months from the completion date of the
preliminary draft plan or preliminary draft plan amendment, but in no event beyond
the period provided in (a) above. (Mont. Co. Code 1965, 104-12; Ord. No. 5-164,
Sec. 50-24. Required public improvements.
(a)
Construction of new roads, sidewalks, etc. The roads, streets, alleys, sidewalks and
pedestrian ways, with appurtenant drainage, street trees, and other integral
facilities, in each new subdivision must be constructed by the subdivider or
developer as specified in the road construction code or required by a municipality,
E.
Improvements
1.
Roads
38

EXISTING CHAPTER
12-23-14 DRAFT
whichever applies. Sidewalks in connection with a tertiary street must be

constructed as required in Section 50-26(f).
b.
(b)
(c)
Existing Frontage Roads. In the case of a plat containing lots fronting on an

existing state, county or municipally maintained road, the subdivider shall provide,
in addition to any required dedication for widening the existing right-of-way, such
reasonable improvement to the road in front of such lots necessary to serve the
needs of such subdivision for access and traffic as required by the road
construction code, and including the provision of sidewalks.
Pedestrian paths. Where a midblock pedestrian path is included in a subdivision
plan and is dedicated to public use, the subdivider must grade and construct a
paved walk in accordance with a plan approved by the Department of Permitting
Services or the municipality and included in the permit for street paving.
(d)
Storm drainage. In connection with the street improvement program in every new
subdivision, the subdivider must grade and provide drainage structures and storm
sewers according to a plan approved by the Department of Permitting Services or
the municipality in accordance with specifications in the latest applicable County
Design Standards and County Storm Drain Criteria or of the municipality, and
specifications of the Washington Suburban Sanitary Commission if the subdivision
is located in the Washington Suburban Sanitary District.
(e)
Markers and monuments.

(1)
(2)
Permanent reference monuments shall be placed as required by the Board.

Such permanent reference monuments shall be stone or concrete at least
thirty-six (36) inches in length and six (6) inches square with suitable
center point and shall be set flush with the ground.
Metal property line markers, approximately three-quarters of an inch in
diameter and twenty-four (24) inches in length, or other generally accepted
Design standards.
i.
Construction of new roads, sidewalks, etc. The roads,

alleys, sidewalks and pedestrian ways, with drainage,
street trees, and other integral facilities in each new
subdivision must be constructed by the subdivider as
specified in the Road Design and Construction Code,
including right-of-way width, or required by a municipality,
whichever applies.
ii.
Existing Roads. In the case of a preliminary plan or

simplified preliminary plan containing lots fronting on an
existing state, county or municipally maintained road, the
subdivider must provide, in addition to any required
dedication for widening the existing right-of-way,
reasonable improvement to the road in front of the
subdivision, including the provision of sidewalks, necessary
to serve the needs of the subdivision for access and traffic
as required by the Road Design and Construction Code or
required by a municipality, whichever applies.
iii.
Private roads. Private roads must be built to the

applicable structural standard and typical section,
including right-of-way width, based on the functional
classification in Chapter 49. Private roads must conform
39

EXISTING CHAPTER
12-23-14 DRAFT
to the horizontal alignment requirements in Section

50.5.1.E.1.b.vi. The builder must have a registered
engineer certify to the County Department of Permitting
Services that each private road has been designed to meet
the structural standards required by this Section. The
builder must then certify to the Department of Permitting
Services that all construction complies with the design.
survey markers, must be placed in the ground at all lot corners,

intersections of streets, intersections of streets and alleys with Subdivision
Record Plat boundary lines and at all points on street, alley and boundary
lines where there is a change in direction or curvature, unless such point
coincides with the location of a reference monument. All markers must be
properly set in the ground before the streets and alleys are accepted for
public maintenance. For projects which do not include public streets, the
owner must certify to the Department of Permitting Services that all
property corner markers have been set by a licensed land surveyor.
(3)
After road, street, and alley grading and paving in the subdivision and
grading and landscaping of adjacent lots are complete, the licensed land
surveyor who prepared and signed the Subdivision Record Plat or the
licensed land surveyor's successor, if so engaged by the owner, must place
the markers and monuments in the ground as specified and as certified by
such licensed land surveyor on the Subdivision Record Plat. Before the
County or municipality accepts any road, street, or alley established by the
Subdivision Record Plat for maintenance, the licensed land surveyor must
certify to the Department of Permitting Services, or other appropriate
governmental agency, or the municipality that all survey monuments and
markers are in place.
(f)
Water and sewage disposal. Where public water and sewer are available or when
private central water or sewer is required, installation shall be made or assured and
in cases where neither public nor central service is required, approved water supply
and sewage disposal shall be installed or assured, for each lot as required herein or
by other applicable statute or regulation.
(g)
Adequate public facilities. All adequate public facilities requirements must be met
as provided in Section 50-35(k).
(h)
Installation of improvements. All public improvements must be completed or
g.
Pedestrian paths. Where a pedestrian path is included in a

preliminary plan or simplified preliminary plan, the subdivider
must grade and construct the path according to the plan approved
by the Planning Board, Department of Permitting Services, or the
applicable municipality.
h.
Storm drainage. The subdivider must grade and provide drainage

structures and storm sewers according to a plan approved by the
Department of Permitting Services or the applicable municipality
in accordance with the construction of new roads.
i.
Street lights. The developer or subdivider must provide street

lights under the standards required by the Road Code, The
Department of Transportation may waive any requirement under
this subsection for any new subdivision that abuts a rustic road if
the requirement is incompatible with the rustic road, or may
substitute any alternative requirement that is consistent with the
goals of the rustic roads law.
40

EXISTING CHAPTER
j.
assured as provided in Section 50-37(g).

(i)
(j)
Street lights. The developer or subdivider must provide street lights under the
standards required by the County Department of Transportation, except if the street
is on a preliminary plan approved before December 16, 1968, and the plat was
recorded before February 2, 1969. The Department of Transportation may waive
any requirement under this subsection for any new subdivision that abuts a rustic
road if the requirement is incompatible with the rustic road, or may substitute any
alternative requirement that is consistent with the goals of the rustic roads law.
Storm water management. All storm water management requirements shall be met
as provided in Chapter 19, article II, title storm water management, Sections 1920 through 19-35.
(k)
Notwithstanding the requirements of this Section, for any new subdivision that
abuts a rustic road the Planning Board may waive any requirement of subsection
(a) or (b) that is incompatible with the rustic road or substitute any alternative
requirement that is consistent with the goals of the rustic roads law.
(l)
Traffic calming. The Planning Board may require any traffic calming feature, as
defined in Section 49-30, as a condition of subdivision approval.
(m)
Private roads. The Planning Board may waive any otherwise applicable
requirement for any private road that would be constructed under an approved
preliminary subdivision or site plan.
(Mont. Co. Code 1965, 104-13; Ord. No. 6-129, 2; Ord. No. 7-41, 3; Ord. No. 8-49, 1; Ord.
No. 9-11, 2; Ord. No. 12-16, 1; Ord. No. 12-19, 2; Ord. No. 12- 31, 1; Ord. No. 13-26, 1;
Ord. No. 13-36, 1; Ord. No. 13-91, 2 and 3; Ord. No. 13-113, 1; Ord. No. 14-37, 1; Ord.
No. 14-50, 1, Ord. No. 16-05, 1; Ord. No. 16-16, 1.)
12-23-14 DRAFT
Traffic calming. The Planning Board may require any traffic

calming feature, as defined in Section 49-30, as a condition of
subdivision approval.

E.
Improvements
2.
Water supply and sewage disposal facilities.

a.
Plan Requirements. Before approving a preliminary plan, the

Planning Board must consider the availability of water and sewage
facilities to the subdivision. The Planning Board must base its
determination of the proper type of water supply and sewage
disposal required upon the recommendation of the Washington
Suburban Sanitary Commission and the Department of
Environmental Protection, as applicable.
b.
Design Standards
i.
The applicant must install or assure installation of any

required public or private water and sewage disposal
systems for each lot.
ii.
Central water and sewer systems. All lots must be

supplied with access to public central water and sewer
facilities, and necessary private connections to such
41

EXISTING CHAPTER
12-23-14 DRAFT
facilities, when conditions affecting the subject property

result in 1 of the following determinations:
(a)
Public water and sewer connections are available

to the proposed lots for existing mains;
(b)
Existing public water and sewer mains can be

extended to serve the lots; or
(c)
Determination has been made by the Department

of Environmental Protection that an interim
central water supply or sewage disposal facility or
both must be constructed for public health and
safety, pending future extension of the
Washington Suburban Sanitary Commission
system or other public system.
iii.
Use of County Roads and State Roads. For locations of any
private connection to the public system within county or
state road rights of way, necessary permits to use public
roads must be obtained from the County or state as
applicable.
E.
Improvements
3.
Markers and monuments
42

EXISTING CHAPTER
12-23-14 DRAFT
a.
Permanent reference monuments must be placed as required by

the Planning Board. Such permanent reference monuments must
be stone or concrete at least 36 inches in length and 6 inches
square with suitable center point and must be set flush with the
ground.
b.
Metal property line markers, approximately three-quarters of an

inch in diameter and 24 inches in length, or other generally
accepted survey markers, must be placed in the ground at all lot
corners, intersections of roads, intersections of roads and alleys
with Subdivision Record Plat boundary lines and at all points on
road, alley and boundary lines where there is a change in direction
or curvature, unless such point coincides with the location of a
reference monument. All markers must be properly set in the
ground before the roads and alleys are accepted for public
maintenance. For projects which do not include public roads, the
owner must certify to the Department of Permitting Services that
all property corner markers have been set by a licensed land
surveyor.
c.
After road grading and paving in the subdivision and grading and
landscaping of adjacent lots are complete, the licensed land
surveyor who prepared and signed the plat or the licensed land
surveyor's successor, if so engaged by the owner, must place the
markers and monuments in the ground as specified and as
certified by such licensed land surveyor on the plat. Before the
County or municipality accepts any road or alley established by the
43

EXISTING CHAPTER
12-23-14 DRAFT
plat for maintenance, the licensed land surveyor must certify to

the Department of Permitting Services, or other appropriate
governmental agency, or the municipality that all survey
monuments and markers are in place.
4.
Sec. 50-25. Roads and streets-Plat and plan requirements.

(a)
Master plan roads. Subdivision plats shall include roads and streets shown on any
adopted master plan of streets and highways or parts of such adopted plans, in
accordance with the road construction code, and where applicable shall include
recommendations of the state roads commission as to state roads and access
thereto.
(b)
Continuation of roads. The proposed plan shall provide for continuation of any
existing roads or streets (constructed or recorded) in accordance with adopted
highway plans and the road construction code, unless otherwise determined by the
Board.
(c)
Future subdivisions. A tract proposed for subdivision into parcels larger than
normal building plots and intended for future subdivision rather than immediate
development shall be divided so as to allow for future opening of streets and such
further logical subdivision as can be foreseen.
(d)
Secondary residential streets. Secondary residential streets shall be planned to

discourage their use by nonlocal traffic.
(e)
Commercial bypasses. Local bypasses shall be provided around shopping centers,

whenever the board determines such bypasses are necessary.
Stormwater management. All stormwater management requirements

must be met as provided in Chapter 19.

E.
Improvements
1.
Roads
a.
Plan requirements.
i.
Master plan roads. Preliminary plans and plats must

include roads shown on any adopted master plan of
highways, in satisfaction of the Road Design and
Construction Code, and where applicable must include
recommendations of the State Highway Administration for
construction and access to state roads.
ii.
General Layout. Roads must, to the extent practicable, be

laid out to encourage preservation of open spaces, tree
cover, recreation areas, scenic vistas and outstanding
natural topography, while providing convenient access to
property and circulation through the subdivision.
44

EXISTING CHAPTER
(f)
Alleys. Alleys need not normally be included in a single-family residential

subdivision, but shall be required where necessary in any development plan,
particularly in group housing, apartment, commercial or industrial developments.
(g)
Major thoroughfares. Where a subdivision abuts or contains an existing or

proposed major thoroughfare, access to such thoroughfare shall be a primary
consideration and the Board may require either of several provisions for that
access, such as (1) parallel streets with lots backing to the thoroughfare, where
appropriate, together with screen planting strips contained in a non-access
easement along the rear lot lines; (2) parallel streets with short culs-de-sac having
terminal lots backing to the thoroughfare, or such other treatment as may be
necessary for adequate protection of residential properties and to afford separation
of through and local traffic.
(h)
Private residential streets and common parking areas associated therewith. Private
streets must be built to structural standards of a tertiary road. The builder must
have a registered engineer certify to the County Department of Permitting Services
and to the affected homeowners' association that each private street has been
designed to meet the structural standards required by this section. The builder must
then certify to the Department of Permitting Services and the affected homeowners'
association that all construction complies with the design.
(i)
Railroad crossings. A subdivision plat involving new or existing streets crossing

railroad tracks shall provide adequate right-of-way, including approach right-ofway and slope easements, for construction of underpass or overpass unless
otherwise determined by the Board.
(j)
Residential roads paralleling railroads. A residential street paralleling a railroad

shall be at a distance from the tract sufficient to provide lots with a minimum of
one hundred sixty (160) feet depth backing to the railroad right-of-way.
12-23-14 DRAFT
iii.
Continuation of roads. The subdivision must provide for

continuation of any existing roads (constructed or
recorded) to satisfy the Road Design and Construction
Code, unless otherwise determined by the Planning Board.
iv.
Future subdivisions. A tract in a preliminary plan

application must be divided to not preclude future
opening of roads and further logical subdivision of
adjacent land.
v.
Alleys. The Planning Board may require alleys where they

are necessary to provide access.
vi.
Private Roads. Private roads must be located within a

right-of-way parcel that is separate from any adjoining lot
or parcel, and not included in any other lot or parcel.
vii.
Railroad crossings. A preliminary plan involving new or

existing roads crossing railroad tracks must provide
adequate right-of-way, including approach right-of-way
and slope easements, for construction of an underpass or
overpass unless otherwise determined by the Planning
Board.
viii.
Residential roads paralleling railroads. A residential road

paralleling a railroad must be at a distance from the track
sufficient to provide lots with a minimum of 160 feet
45

EXISTING CHAPTER
(k)
Sec. 50-26. Roads and streets-Design standards.

(a)
(b)
(c)
12-23-14 DRAFT
depth backing to the railroad right-of-way.
Railroad tracks. Railroad tracks shall not be included within the rights-of-way of
roads or streets, except for crossings or rail transit lines outside paved traveled
portion of the road. (Mont. Co. Code 1965, 104-14; Ord. No. 10-42, 1; Ord.
No. 13-26, 1; Ord. No. 13-36, 1; Ord. No. 13-113, 1; Ord. No. 14-37, 1;
Ord. No. 14-50, 1.)
Mid block pedestrian ways and drainage rights-of-way. The minimum right-ofway is: 20 feet for a mid-block pedestrian way; and 10 feet (plus an additional 10
feet during the period of original construction) for an enclosed drainage right-ofway.
Culs-de-sac and turnarounds. The Board may approve the installation of culs-desac or turnarounds when their use would produce an improved street layout
because of the unusual shape, size or topography of the subdivision. The Board
must not approve any other cul-de-sac or turnaround. A cul-de-sac or a street that
would end in a turnaround must not be longer than 500 feet, measured on its
centerline, unless, because of property shape, size, topography, large lot size, or
improved street alignment, the Board approves a greater length.
Intersections.
(1)
Streets must be laid out so as to intersect as nearly as possible at right

angles. The Board must not approve a proposed intersection of two new
streets at an angle of less 70 degrees.
(2)
The Board must approve the location of intersections with arterials or

major highways in a layout that discourages the movement of through
ix.
Railroad tracks. Existing railroad tracks must not be

included within the rights-of-way of roads, except for
crossings or rail transit lines outside paved traveled
portion of the road.
PREVIOUS Sections 50-25(d), (e), (g), (h) either modified as above or not retained.
E.
Public Improvements
1.
Roads
b.
Design standards.
iv.
Mid-block pedestrian and drainage rights-of-way. The

minimum right-of-way must be 20 feet for a mid-block
pedestrian right of way and 10 feet (plus an additional 10
feet during the period of original construction) for an
enclosed drainage right-of-way.
iv.
Culs-de-sac and turnarounds. The Planning Board must

not approve any cul-de-sac or turnaround unless their use
would produce an improved road layout because of the
unusual shape, size, topography, or environmentally
sensitive areas of the subdivision. A road that would end
in a cul-de-sac or turnaround must not be longer than 500
feet, measured on its centerline to the nearest through
46

EXISTING CHAPTER
traffic crossing the arterial or major highway. Except in a Metro Station

Policy Area or Town Center Policy Area, as defined in the most recent
County Growth Policy, or another area expressly identified in a Council
resolution, proposed intersections with an arterial or major highway must
be spaced no closer together than 600 feet.
(3)
(d)
The corner lots at an intersection must be truncated by straight lines

joining points 25 feet back from the theoretical property line intersection in
each quadrant. In any case where more or less width is needed for safe
sight distance or traffic channelization, the Board may specify a greater or
lesser cut-off than otherwise required. Any alley intersection or abrupt
change in alignment in a block must have the corners cut off and widened
sufficiently for safe vehicular turning.
v.
Intersection
(a)
Roads must be laid out to intersect as nearly as

possible at right angles. The Planning Board must
not approve a proposed intersection of new roads
at an angle of less than 70 degrees.
(b)
Proposed road intersections with an arterial or

major highway must be spaced no closer together
than 600 feet except in an Urban Area, as defined
in Chapter 49. In any case where the Planning
Board finds that a lesser spacing is appropriate,
the Planning Board may specify a lesser spacing
than otherwise required.
(c)
Corner lots at an intersection must be truncated

by straight lines joining points 25 feet back from
the theoretical property line intersection in each
quadrant. In any case where more or less width is
needed for safe sight distance or traffic
channelization, the Planning Board may specify a
greater or lesser truncation than otherwise
required. Any alley intersection or abrupt change
Horizontal alignment. In primary, secondary, and tertiary residential streets and

culs-de-sac, the alignment must be designed so that all deflections in horizontal
alignment are accomplished through segments of circular curves properly
incorporated into the design. The minimum permitted centerline radii must be:
Primary streets . . . . . . 300 feet
Secondary streets . . . . 150 feet
Tertiary streets . . . . . . 100 feet
The Board must specify greater radii when safety requires. A tangent at least 100
feet long must be used between two reverse curves, except in a secondary or
tertiary residential street.
(e)
12-23-14 DRAFT
road, unless, the Planning Board approves a greater length

because of property shape, size, topography, large lot size,
or improved road alignment.
Street names. The Board must approve any street name before it is used. The
Board must not approve any street name which is already used, or closely
resembles any street name already used, anywhere else in the County. If a new
street is an extension of or in a direct line with an existing street, the Board must
continue the name of the existing street.
47

EXISTING CHAPTER
(f)
12-23-14 DRAFT
in alignment in a block must have the corners

truncated sufficiently for safe vehicular turning.
Tertiary streets. The following standards apply to any proposed tertiary street:
(1)
A tertiary street may be used only if the Planning Board approves it in a

preliminary subdivision plan or site plan.
(2)
In a site plan the Planning Board may approve a narrower than standard
tertiary street if the Board finds that:
(A)
(B)
vi.
a narrower street is environmentally preferable and either

improves compatibility with adjoining properties or allows better
use of the parcel under consideration; or
limits on development at that site would not allow the applicant to
build the required number of MPDUs on site. (Mont. Co. Code
1965, 104- 15; Ord. No. 6-207, 1, 2; Ord. No. 10-77, 1;
Ord. No. 12-19, 3; Ord. No. 13-26, 1; Ord. No. 13-36, 1;
Ord. No. 13-113, 1; Ord. No. 14-37, 1; Ord. No. 14-50, 1;
Ord. No. 15-39, 1; Ord. No. 16-05, 1.)
Horizontal alignment. In all public and private primary,

secondary, and tertiary residential streets and culs-de-sac,
the alignment must be designed so that all deflections in
horizontal alignment are accomplished through segments
of circular curves properly incorporated into the design.
The minimum permitted centerline radii must be:
(a)
Primary streets . . . . . . 300 feet
(b)
Secondary streets . . . . 150 feet
(c)
Tertiary streets . . . . . . 100 feet
The Planning Board must specify greater radii when safety

requires. A tangent at least 100 feet long must be used
between two reverse curves, except in a secondary or
tertiary residential street.
vii.
Road rights-of-way. The Planning Board may approve a

narrower than standard road right-of-way or private road
parcel if the Planning Board finds that:
(a)
a narrower right-of-way or private road parcel is

environmentally preferable and either improves
compatibility with adjoining properties or allows
48

EXISTING CHAPTER
12-23-14 DRAFT
better use of the tract under consideration; or
(b)
limits on development at that site would not allow

the applicant to build the required number of
MPDUs on site.
c.
Road names. The Planning Board must approve any road name
before it is used. The Planning Board must not approve any road
name which is already used, or closely resembles any road name
already used, anywhere else in the County. If a new road is an
extension of or in a direct line with an existing road, the Planning
Board should continue the name of the existing road.
d.
Off-site Sidewalks and Bikeways. In approving a Preliminary Plan

or site plan, the Planning Board may, with the consent of the
Departments of Transportation and Permitting Services, require a
developer to provide a reasonable amount of off-site sidewalks,
bikeways or improvements. Off-site sidewalks, bikeways or
improvements may be required to provide necessary connections
from the proposed development to an existing sidewalk or
bikeway, an existing or proposed bus or other public transit stop,
or a public facility that either exists or is recommended in the area
master plan, that the Planning Board finds will be used by
residents or users of the development, or for handicapped access.
The developer must not be required to obtain any right-of-way to
build or improve a sidewalk or bikeway.
49

EXISTING CHAPTER
12-23-14 DRAFT
e.
Rustic Roads. In approving a Preliminary Plan, the Planning Board

must not require improvements that are contrary to the law or
Executive Regulations governing rustic roads. If the Planning
Board is otherwise directed by this Section to require
improvements that are contrary to the rustic roads law or
Executive Regulations, the Planning Board must evaluate the
feasibility of trip reduction and alternative road improvements to
the local roadway network. If the Planning Board determines that
no feasible alternative exists, it must, after considering the
recommendations of the Rustic Roads Advisory Committee,
require only those improvements that do not change the
significant features of the road identified by the Council for
preservation. The Planning Board may waive any requirement of
Subsections b.i and b.ii that is incompatible with the rustic road or
f.
Road grade approval. No final grading, sidewalk or pavement

construction, or installation of utilities must be permitted in the
bed of any proposed public or private road in any preliminary plan
or simplified preliminary plan until the grade has been approved
under this Chapter.
g.
Pedestrian paths. Where a pedestrian path is included in a

preliminary plan or simplified preliminary plan, the subdivider
must grade and construct the path according to the plan approved
by the Planning Board, Department of Permitting Services, or the
50

EXISTING CHAPTER
12-23-14 DRAFT
applicable municipality.
h.
Storm drainage. The subdivider must grade and provide drainage

structures and storm sewers according to a plan approved by the
Department of Permitting Services or the applicable municipality
in coordination with the construction of new roads.
i.
Street lights. The subdivider must provide street lights under the
standards required by the Road Design and Construction Code, the
Department of Permitting Services may waive any requirement
under this Subsection for any new subdivision that abuts a rustic
road if the requirement is incompatible with the rustic road, or
may substitute any alternative requirement that is consistent with
the goals of the rustic roads law.
j.
Sec. 50-27. Water and sewer facilities.

(a)
(b)
General. Before approving a subdivision, the board shall consider the availability
of water and sewage facilities or the lack thereof to the proposed subdivision.
Determination shall be made upon the recommendation of the Washington
Suburban Sanitary Commission and the department of environmental protection, as
applicable, for the proper type of water supply and sewage disposal to be required
in each subdivision.
Central water and sanitary systems.
(1)
Required. All subdivisions shall be supplied with private or public central
Traffic calming. The Planning Board may require any traffic

calming feature, as defined in Section 49-30, as a condition of
subdivision approval.
E.
Public Improvements
1.

a.
Plan Requirements. Before approving a preliminary plan, the
Planning Board must consider the availability of water and sewage
facilities to the subdivision. The Planning Board must base its
determination of the proper type of water supply and sewage
disposal required upon the recommendation of the Washington
51

EXISTING CHAPTER
12-23-14 DRAFT
Suburban Sanitary Commission and the Department of

Environmental Protection, as applicable.
water and sewer facilities when conditions affecting the subject property
result in one (1) of the following determinations:
(2)
(3)
a.
Public water and sewer connections are available to the proposed

lots for existing mains, or
b.
Existing public water and sewer mains can be extended to serve

the subdivision, or
c.
Determination has been made by the department of environmental

protection that an interim central water supply or sewage disposal
facility or both is necessary for public health and safety, pending
future extension of the Washington Suburban Sanitary
Commission system or other public system.
Conditions Relating to Installation of Utilities. The subdivider shall

ascertain in writing the availability of public sewerage and water prior to
submission of plat. Prior to recording of a final plat of a subdivision to be
served by public water or sewer or both, the subdivider shall produce
evidence that he has complied with the conditions, if any, required for the
installation of the utilities. In those cases where a private central system is
to be used, the developer shall secure the necessary approval or permit for
installation and operation of the system from the state health department
and the Washington Suburban Sanitary Commission, if applicable.
Use of County Roads and State Roads. For location of any parts of a
private system within county or state road rights-of-way, necessary
franchise or permits to use public roads shall be obtained from the county
or state as applicable.
b.
Design Standards
i.
The applicant must install or assure installation of any

required public or private water and sewage disposal
systems for each lot.
ii.
Central water and sewer systems. All lots must be

supplied with access to public central water and sewer
facilities, and necessary private connections to such
facilities, when conditions affecting the subject property
result in 1 of the following determinations:
(d)
Public water and sewer connections are available

to the proposed lots for existing mains;
(e)
Existing public water and sewer mains can be

extended to serve the lots; or
(f)
Determination has been made by the Department

of Environmental Protection that an interim
central water supply or sewage disposal facility or
both must be constructed for public health and
safety, pending future extension of the
Washington Suburban Sanitary Commission
52

EXISTING CHAPTER
Sec. 50-28. Block design.

(a)
Residential blocks. The Board must approve the length, width and shape of any
residential block.
(1)
Length. The maximum length of a block ordinarily is 1600 feet. The

Board may approve a block longer than 1600 feet only if the applicant
shows that this length is the only feasible way of subdividing.
(2)
Pedestrian paths. The Board may require pedestrian paths for pedestrian
access to schools, playgrounds, parks, and other public areas and through
long blocks.
(3)
Width. Blocks shall be designed with sufficient width to provide two (2)
tiers of lots. Exceptions to block width design may be approved by the
board for blocks adjacent to heavy traffic ways or railroads bordering
streams or drainage courses, multi-family, commercial or industrial areas,
schools, churches or other land use appropriate to establish blocks with one
(1) tier of lots.
(4)
Multi-family Blocks and Access Roads. The design and arrangement of

access roads or drives within an apartment or multi-family group dwelling
project, together with the required parking facilities and pedestrian walks,
shall be subject to review and approval by the board. Determination of
whether interior access roads shall be dedicated to public use and
12-23-14 DRAFT
system or other public system.

iii.
Use of County Roads and State Roads. For locations of any
private connection to the public system within county or
state road rights of way, necessary permits to use public
roads must be obtained from the County or state as
applicable.
B.
Block Design
1.
Residential blocks. The Planning Board must approve the length, width
and shape of any residential block as follows.
a.
Length. The maximum length of a block is 1600 feet.
b.
Width. Blocks must be designed with sufficient width to provide 2

tiers of lots. Exceptions to block width design may be approved by
the Planning Board for blocks adjacent to heavy traffic ways,
railroads, streams, drainage courses, multi-unit or apartment,
commercial or industrial areas, schools, churches, or other land
uses appropriate to establish blocks with 1 tier of lots.
c.
Pedestrian paths. The Planning Board may require paths for

pedestrian access to schools, playgrounds, parks, and other public
areas and through long blocks.
d.
Multi-Unit or Apartment Blocks and Access Roads. The design and

arrangement of access roads or drives within a subdivision for
apartment dwellings, together with the required parking facilities
53

EXISTING CHAPTER
12-23-14 DRAFT
and pedestrian walks, must be reviewed and approved by the

Planning Board. Determination of whether interior access roads
will be dedicated to public use or may be private roads will be
made by the Planning Board, upon recommendation of applicable
agencies.
constructed to road construction code standards or may be private roads

shall be made by the board, upon recommendation of the public road
agency concerned.
(b)
Nonresidential blocks. Blocks designed for business or industry shall be of such

length and width as may be determined suitable by the board, including adequate
provision for off-street parking, deliveries and truck maneuvering. (Mont. Co.
Code 1965, 104-17, Ord. No. 16-05, 1.)
Sec. 50-29. Lot design.

(a)
General provisions.
(1)
(2)
Lot Dimensions. Lot size, width, shape and orientation shall be appropriate
for the location of the subdivision taking into account the
recommendations included in the applicable master plan, and for the type
of development or use contemplated in order to be approved by the board.
Lots To Abut on Public Street. Except as otherwise provided in the zoning
ordinance, every lot shall abut on a street or road which has been dedicated
to public use or which has acquired the status of a public road. In
exceptional circumstances, the board may approve not more than two (2)
lots on a private driveway or private right-of-way; provided, that proper
showing is made that such access is adequate to serve the lots for
emergency vehicles, for installation of public utilities, is accessible for
other public services, and is not detrimental to future subdivision of
adjacent lands. In multi-family and town house development, not
subdivided into individually recorded lots, the board may approve more
than two (2) lots or buildings on private roads or drives, provided there is
adequate access from such roads or drives to a public street, as above.
2.
Nonresidential blocks. Blocks designed for business or industry must be a

suitable length and width as determined by the Planning Board, including
adequate provision for pedestrians, parking, deliveries, and truck
maneuvering.
C.
Lot Design
1.
General requirements
a.
Lot Dimensions. Lot size, width, shape, and orientation must be

appropriate for the location of the subdivision, and for the type of
development or use contemplated, taking into account the
recommendations of the master plan and the applicable
requirements of Chapter 59.
b.
Lots to Abut on a Public or Private Road. Except as specified

below, every lot must abut on a public or private road. A public
road must be dedicated to public use or have acquired the status
of a public road under Chapter 49. A private road must be made
available for public use through an access easement.
i.
The Planning Board may approve a maximum of 2 lots,

54

EXISTING CHAPTER
12-23-14 DRAFT
including existing lots, on a private driveway and that do

not abut a public or private road.
The board may approve more than two (2) lots on private roads or
driveways if such private roads and driveways are needed for the creation
of new lots to be used as a one-family residence by a child of the property
owner or the spouse of a child or by the parents of the property owner.
This provision shall apply to only one (1) lot for each child, whether
created for the child or the spouse of a child and only one (1) lot for the
parents, whether created for one (1) or both parents.
ii.
Further, this provision shall apply only upon a finding by the board that
such access is adequate to serve the lots for emergency vehicles, for
installation of public utilities, and the lot is accessible for other public
services, and is not detrimental to future subdivision of adjacent lands.
(3)
(4)
c.
Side Lines. Side lines of interior lots shall be perpendicular to the street
line, or radial to a curved street line, unless determined by the board that a
variation from this rule will result in a better layout.
Side Lines. Side lines of interior lots must to the extent possible be
aligned perpendicular to the road line, or radial to a curved road
line.
d.
Double Frontage Lots. Double frontage lots, meaning a block having only
one (1) tier of lots between two (2) streets or roads, shall not be approved
except:
Through Lots. Through lots, must not be approved except where

unusual topography, orientation or the size of the subdivision
permit no other feasible way to subdivide.
e.
Alley or Pedestrian paths for Residential Lots. If a mid-block alley

or pedestrian right of way is provided in a residential subdivision,
the lots adjoining the alley or right of way must be increased in
width sufficient to provide for a parallel side building restriction
line 15 feet from the alley or right of way.
a.
b.
(b)
Where unusual topography, orientation or the size of the

subdivision permit no other feasible way to subdivide; or
Where access to one (1) of the streets may be controlled by the
board as provided in subsection (g) of section 50-25 or paragraph
(4) of subsection (a) of section 50-28.
Additional requirements for residential lots.

(1)
These requirements apply only upon a finding by the

Planning Board that access is adequate to serve the lots
for emergency vehicles, for installation of public utilities,
and the lots are accessible for other public services, and
are not detrimental to future subdivision of adjacent
lands.
Pedestrian paths or Alleys. If midblock pedestrian path or alley is

provided in a residential subdivision, the lots adjoining the path or alley
2.
Resubdivision.
a.
Applicability. This Section only applies to proposed lots in the R40, R-60, R-90, R-200, and RE-1 zones intended for detached
55

EXISTING CHAPTER
12-23-14 DRAFT
houses and that are resubdivided from any lot, outlot, or parcel
previously recorded on a plat.
must be increased in width sufficient to provide for a side building

restriction line running parallel to the path or alley 15 feet from it.
(2)
(c)
Resubdivision. Lots on a plat for the resubdivision of any lot, tract or other
parcel of land that is a part of an existing subdivision previously recorded
in a plat book shall be of the same character as to street frontage,
alignment, size, shape, width, area and suitability for residential use as
other lots within the existing block, neighborhood or subdivision.
Nonresidential lots. Depth and width of lots reserved or laid out for commercial
and industrial purposes shall be adequate for the off-street service and parking
requirements needed by the type of use and development proposed. (Mont. Co.
Code 1965, 104-18; Ord. No. 6-5, 2; Ord. No. 6-207, 3; Ord. No. 10-41, 1;
Ord. No. 11-28, 1, Ord. No. 16-05, 1.)
Sec. 50-30. Public sites and adequate open spaces.

(a)
(b)
b.
Neighborhood. For the purposes of this Section, the neighborhood

includes at least all abutting and confronting lots within the same
zone, and any other lots in the same zone needed to conduct a
meaningful analysis.
Platting and dedication. Whenever a tract to be subdivided includes a proposed site D.

for a park, playground, school or other public use, in whole or in part, as shown on
the adopted general plan for the district or on the applicable master plan, such
space for public use or part thereof within the subject tract shall be shown by the
developer on the subdivision plan after proper determination by the board and
public agency involved in the acquisition and use of each such site as to its
necessity. When such public sites and open space areas have not been acquired by
donation, dedication, purchase, or condemnation, the site or area may be reserved
as provided in section 50-31.
Local recreation. The board shall require platting and dedication to public use of
adequate spaces for recreation wherever it is reasonable to do so, taking into
account the recommendations included in the applicable master plan and the
circumstances existing in that portion of the district where such subdivision is
located, taking into account also the size and character of such subdivision.
Finding. The proposed lot(s) must be of the same character as to

frontage, size, width at the front building line, and buildable area
as other lots within the existing neighborhood. The narrow strip
(pipe stem) of a flag lot must not be included in the lot size or
buildable area for this analysis.
c.
Public Sites and Adequate Open Spaces. A Preliminary Plan must provide required
public sites and adequate open space areas.
1.
Master Planned Sites. When a tract being subdivided includes a proposed

site for a park, playground, school or other public use as recommended in
the applicable master plan and that use is deemed necessary by the
Planning Board and applicable public agency, the site for the use must be
shown for dedication or acquisition on the Preliminary Plan and
subsequent record plat.
2.
Local recreation. The Planning Board must require platting and dedication
to public use of adequate spaces for recreation wherever it is reasonable
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EXISTING CHAPTER
12-23-14 DRAFT
to do so, taking into account the recommendations included in the

applicable master plan, the circumstances existing where the subdivision is
located, and the size and character of the subdivision. Whenever the
required recreational area involves more than a reasonable area of land,
the subdivider may be required to provide what is determined by the
Planning Board to be an area relevant to the recreational needs of the
present and future inhabitants of the subdivision. The balance of such
required area must be reserved for a period of 3 years pending acquisition
by the appropriate agency.
Whenever the required recreational area involves more than a reasonable area of
land, then the subdivider may be required to provide what is determined by the
board to be his reasonable share and the balance of such required area shall be
reserved for a period of three (3) years pending acquisition by the appropriate
agency. Reasonable share or area to be dedicated shall mean an area of a size
relevant to the recreational needs of the present and future inhabitants of the
particular subdivision involved.
(c)
Adequate open space for traffic, coordination of roads, utilities and storm
drainage.
(1)
Roads. In its consideration of the approval of a proposed subdivision,

resubdivision or of a preliminary plan of subdivision, or resubdivision, the
board shall require the dedication to public use of adequate open spaces for
traffic and the coordination of roads within the subdivision with other
existing, planned or platted roads, or with other features of the district, or
with the commission's general plan or with any road plan adopted or
approved by the commission as a part of the commission's general plan.
Such dedication to public use shall be to the full extent of any and all
rights-of-way for all roads, streets and highways, including widening of
any existing street, determined to be necessary and proper and such as
would be required by reason of the maximum utilization and development
of the subject property in its present zone classification or that higher use
shown on any adopted or approved master plan of the applicable
jurisdiction.
In determining the rights-of-way to be dedicated, the Board shall relate the
area of dedication to:
a.
The total size of the subdivision;
b.
The maximum street right-of-way or improvement required for
3.
Area for roads, utilities, and storm drainage.

a.
Roads
i.
In its consideration of the approval of a subdivision, the

Planning Board must require adequate area to provide
roads and other transportation facilities. These must be
coordinated with other existing, planned, or platted roads,
other features in the district, or with any road plan
adopted or approved as a part of the Commission's
general plan.
ii.
Roads must be dedicated to public use or platted as a

private road parcel with a public access easement.
Dedication or platting must be to the full width of all
recommended rights-of-way for all roads, including
widening of any existing road, determined to be necessary
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EXISTING CHAPTER
12-23-14 DRAFT
and proper to accommodate the maximum development

of the subject property in its present zone or a denser use
shown on any adopted master plan.
that category of land use as established in the road code of the

applicable jurisdiction;
c.
The increased traffic, lane and right-of-way requirements which

would be created by maximum utilization and development of the
subject property in its present zoned classification or that higher
use shown on any adopted or approved master plan of the
applicable jurisdictions.
iii.
Such dedication to public use shall be to the full extent of the required
right-of-way in each case, except those roads in paragraphs (1) and (2) of
subsection (a) of Section 50-26 wherein dedication shall be required for
adequate traffic access to those subdivisions to which access is permitted.
A subdivision resulting from a subdivision of land not in accordance with
duly enacted subdivision regulations shall be an illegal subdivision; in the
event of an illegal subdivision of land the size of such illegal subdivision
shall not be considered in determining the rights-of-way to be dedicated
but in such case the tract to be considered shall consist of the land as it
existed prior to such illegal subdivision thereof.
Whenever a dedication of land to public use shall be required under any of
the provisions above set forth, the Board in its finding and order, shall
specify on the preliminary plan the area to be dedicated and shall also state
the applicable provision of the subdivision regulations and circumstances
that necessitate and require such dedication for public use.
In the event that the applicant shall object to the dedication required by the
Board, the applicant shall file written objection within twenty (20) days of
such order of dedication, which shall state in detail the exact order or
portion of such order which is objected to and specific reason or grounds
for such objection. In the event the issue of such dedication and at such
hearing it shall be incumbent upon the applicant to supply competent and
In determining the rights-of-way to be dedicated, the

Planning Board must relate the area of dedication to:
(a)
The total size of the subdivision;
(b)
The maximum road right-of-way or improvement

required for that category of land use as
established in the road code of the applicable
jurisdiction; and
(c)
The increased traffic, lane and right-of-way

requirements which would be created by
maximum utilization and development of the
subject property in its present zone or a denser
use shown on any adopted master plan.
iv.
Dedication of roads must be to the full extent of the

required right-of-way in each case, except those roads in
50.5.3.E.1.b.vii where dedication must be required for
adequate traffic access.
v.
When required for construction or road maintenance, an

easement for a 2:1 slope must be established along both
sides of each road dedicated to public use. The easement
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EXISTING CHAPTER
12-23-14 DRAFT
must be determined in coordination with the road grade

approved under these regulations.
relevant evidence to sustain his grounds for objection. Any objection to

dedication for which evidence shall not be adduced, shall be considered to
be waived and abandoned by the applicant.
(d)
(2)
Slopes. When required for construction or road maintenance, 2:1 slope

easements shall be established along both sides of each road or street
dedicated to public use. The 2:1 slope easement shall be referred to the
street grade approved under these regulations.
(3)
Rights-of-Way and Easements Other Than Roads. The Board may require
dedication to public use of rights-of-way or platting of easements of land
necessary for such public uses as pedestrian paths, equestrian trails,
bikeways, water and sanitary sewer, and storm drainage facilities. The
Board must approve the extent, location, and width of each pedestrian
path, equestrian trail, and bikeway right-of-way after reviewing the
applicable master plan. The extent and width of water and sanitary sewer
rights-of-way must be determined by the Washington Suburban Sanitary
Commission in its jurisdiction. The extent and width of drainage rights-ofway must be determined by the Washington Suburban Sanitary
Commission and the Department of Permitting Services after receipt of
drainage studies prepared by the applicant's engineer.
Refusal of areas not suitable for public use. Whenever a preliminary plan or record
plat includes a proposed dedication of land to public use, and the Board finds that
the land is not required or not suitable for public use, the Board may either refuse
to approve the dedication, or it may require the rearrangement of lots in the
proposed subdivision to provide for an acceptable site for public use. In
determining if a site is suitable for public use, the Board must consider, among
other relevant factors, any criteria for the intended use adopted by the receiving
agency, and the natural features of the site. In its evaluation of the natural features
of a site, the board may require the applicant, at the applicant's expense, to perform
soil borings or to provide other detailed topographical or subsurface information
b.
4.
Rights-of-Way and Easements Other Than Roads. The Planning

Board may require dedication to public use of rights-of-way or
platting of easements necessary for such public uses as pedestrian
paths, equestrian trails, bikeways, water and sanitary sewer, and
storm drainage facilities. The Planning Board must approve the
extent, location, and width of each pedestrian path, equestrian
trail, and bikeway right-of-way after reviewing the master plan.
The extent and width of water and sanitary sewer rights-of-way
must be determined by the Washington Suburban Sanitary
Commission in its jurisdiction. The extent and width of drainage
rights-of-way must be determined by the Washington Suburban
Sanitary Commission and the Department of Permitting Services
after receipt of drainage studies prepared by the applicant's
engineer.
Objection to required dedication. In the event that the applicant objects

to the dedication required by the Planning Board, the applicant must file
written objection within 20 days of the mailing of the Planning Boards
resolution. The objection must detail what area is objected to and specific
reason for such objection. The applicant must supply competent and
relevant evidence to sustain the grounds for objection. Any objection to
dedication for which evidence is not adduced, must be considered to be
waived by the applicant.
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EXISTING CHAPTER
not otherwise submitted under Section 50-34. Information provided to the board
must be certified by the applicant's engineer. Unless the applicant agrees to pay for
additional site preparation costs, a site may be refused as unsuitable because of
natural features if site preparation work for the intended public use will require
significant excavation of rock, excessive grading or the grading steep slopes,
remedial environmental measures, or similar work. Factors relevant to a
determination of the magnitude of site preparation work or developer cost sharing
including estimated costs, acreage, agency experience with similar sites, and
construction industry practices.
(e)
Excessive grading. If it shall appear from analysis of the preliminary plan that
unusual and abnormally excessive grading will result from the proposed
development and if the Board finds that the same can be lessened by a
rearrangement of lots and streets or other platting devices, the board may require
that the subdivision be so rearranged or replatted. (Mont. Co. Code 1965, 104-19;
Ord. No. 6-192; Ord. No. 9-70, 1; 11-28, 2; Ord. No. 11-80, 1; Ord. No. 1326, 1; Ord. No. 13-36, 1; Ord. No. 13-113, 1; Ord. No. 14-37, 1; Ord. No.
14-50, 1.)
5.
12-23-14 DRAFT
Areas not suitable for public use. Whenever a Preliminary Plan includes a
proposed dedication of land to public use that the Planning Board finds is
not required or not suitable for public use, the Planning Board may either
refuse to approve the dedication, require the rearrangement of lots in the
subdivision to provide for an acceptable site for public use, or permit the
applicant to pay for additional site preparation that makes the site suitable
for public use.
a.
In determining the suitability of a site for public use, the Planning

Board must consider, among other relevant factors, any criteria for
the intended use adopted by the receiving agency, and the natural
features of the site. In its evaluation of the natural features of a
site, the Planning Board may require the applicant to perform soil
borings or to provide other detailed topographical or subsurface
information not otherwise submitted under Section 50.5.1.B.
Information provided to the Planning Board must be certified by
the applicant's engineer.
b.
The Planning Board may determine a site is unsuitable because of

natural features if site preparation work for the intended public
use will require significant excavation of rock, excessive grading or
the grading of steep slopes, remedial environmental measures, or
similar work. Factors relevant to a determination of the
magnitude of site preparation work or developer cost sharing
include estimated costs, acreage, agency experience with similar
sites, and construction industry practices. If it appears from
analysis of the Preliminary Plan that unusual and abnormally
60

EXISTING CHAPTER
Sec. 50-31. Reservation of land for public use.

(a)
Procedure. The Board must refer all preliminary subdivision plans to the general
plan or parts thereof, adopted or proposed or studies related thereto, or otherwise
determine the need for reserving for public use any land included in the
preliminary subdivision plan. Reservations for a period of 3 years may be required
for road or street rights-of-way, public school and building sites, parks,
playgrounds or other recreational areas, or other public purposes.
(1)
Referral to Agency Concerned With Acquisition. If a reservation appears

to be in the public interest, the Board shall refer the plan to the public
agency concerned with acquisition for consideration and report. The Board
may propose alternate areas for such reservation and shall allow such
public agency thirty (30) days for reply. The agency's recommendation, if
affirmative, shall include a map showing the boundaries and area of the
parcel to be reserved and an estimate of the time (not over three (3) years)
required to complete the acquisition.
(2)
Resolution. Declaration of public reservation shall be by resolution of the

Commission, stating the period during which the reservation shall be
effective. Notice of the same shall be carried once each in two (2)
newspapers of general circulation in the County and a plat shall be
recorded in the land records of the County showing in detail the land so
reserved. Certified copies of the resolution shall be sent to the property
owner and to the agency concerned with acquisition.
12-23-14 DRAFT
excessive grading will result from the proposed development that

the Planning Board finds can be lessened by rearrangement of the
subdivision, it may require such rearrangement.

D.
Public sites and adequate open spaces. A Preliminary Plan must provide required
public sites and adequate open space areas.
6.
Reservation
a.
Procedure. Where the Planning Board has determined that a tract

being subdivided includes land that is necessary for public use, but
will not be acquired by donation, dedication, purchase, or
condemnation when the plat is recorded, the Planning Board must
determine the need to reserve the land. Reservations for a period
not to exceed 3 years may be required for road rights-of-way,
public school and building sites, parks, playgrounds, recreational
areas, or other public purposes.
i.
Referral to Agency Concerned With Acquisition. If

reservation of land appears to be in the public interest, the
Planning Board must refer the plan to the public agency
concerned with acquisition for consideration and report.
The Planning Board may propose alternate areas for such
reservation and must allow such public agency 30 days for
61

EXISTING CHAPTER
(b)
(3)
Taxes. The Board shall advise taxing and assessing bodies of all public
reservations, and such public reservations shall be exempt from all state,
County and local taxes during the reservation period.
(4)
Posting. The Board shall post properties so reserved with an appropriate

sign, warning against violation of preservation provisions and the penalties
therefor.
(5)
Preservation. During the reservation period, a person must not erect a

building or structure on the reserved land. A person must not remove or
destroy trees, topsoil, or cover; grade; build a storm drainage structure that
discharges water on the reserved land, except according to a storm
drainage plan approved by the Department of Permitting Services or the
Washington Suburban Sanitary Commission; or put reserved land to any
use, except after written approval of the Board. Nothing in this section
prohibits the owner from removing weeds or trash from reserved property,
or from selling after approval by the Board parts of the land necessary for
water, sewer, or road right-of-way for public agencies.
Expiration of plan. The expiration or revocation of approval of a preliminary

subdivision plan shall not affect a reservation if, before the expiration date, a
reservation plat has been recorded by the Commission. (Mont. Co. Code 1965,
104-20; Ord. No. 13-26, 1; Ord. No. 13-36, 1; Ord. No. 13-113, 1; Ord. No.
14-37, 1; Ord. No. 14-50, 1.)
12-23-14 DRAFT
reply. The agency's recommendation, if affirmative, must

include a map showing the boundaries and area of the
unplatted parcel to be reserved and an estimate of the
time required to complete the acquisition.
ii.
Resolution. Declaration of public reservation must be by

resolution of the Commission, stating the period during
which the reservation is effective. Notice of the same
must be carried once each in two newspapers of general
circulation in the County and a plat must be recorded in
the land records of the County showing in detail the land
so reserved. Certified copies of the resolution must be
sent to the property owner and to the agency concerned
with acquisition.
iii.
Taxes. The Planning Board must advise taxing and

assessing bodies of all public reservations, and such public
reservations must be exempt from all state, County and
local taxes during the reservation period.
iv.
Preservation. During the reservation period, a person

must not erect a building or structure on the reserved
land. A person must not remove or destroy trees, topsoil,
or cover; grade; build a storm drainage structure that
discharges water on the reserved land, except according to
a storm drainage plan approved by the Department of
Permitting Services or the Washington Suburban Sanitary
62

EXISTING CHAPTER
12-23-14 DRAFT
Commission; or put reserved land to any use, except after

written approval of the Planning Board. Nothing in this
Section prohibits the owner from removing weeds or trash
from reserved land or from selling the reserved land after
approval of the Planning Board.
v.
b.
Sec. 50-32. Special controls for environmentally sensitive areas.

(a)
(b)
Posting. The Planning Board must post properties in

reservation with an appropriate sign, warning against
violation of the preservation provisions and the penalties
for a violation.
Expiration of plan. The expiration or revocation of approval of a

preliminary plan must not affect a reservation if, before the
expiration date, a reservation plat has been recorded by the
Commission.
Stream valleys and floodplains. The board must, when it deems necessary for the
G.
health, safety, comfort or welfare of the present and future population of the
regional district and necessary to the conservation of water, drainage and sanitary
facilities, restrict subdivision for development of any property which lies within the
one-hundred-year floodplain of any stream or drainage course. One-hundred-year
floodplain is defined as the area along a stream/drainage course, lake, or pond,
which would experience inundation by stormwater runoff equivalent to that which
would occur on the average of once in every one hundred years after total ultimate
development of the watershed.
Environment
1.
Forest Conservation. If a forest conservation plan is required under

Chapter 22A, the Planning Board must not approve a Preliminary Plan or
any extension until all requirements of that law for plan approval are
satisfied. Compliance with a required forest conservation plan, including
any plan reviewed on a preliminary or final basis, must be made a
condition of any approved Preliminary Plan.
Unsafe Land. The board must restrict the subdivision of any land which it finds to
be unsafe for development because of possible flooding or erosive stream action,
63

EXISTING CHAPTER
soils with structural limitations, unstabilized slope or fill, or similar environmental

or topographical conditions.
2.
12-23-14 DRAFT
Restriction of subdivision for environmental protection

a.
(c)
(d)
Trees, Forests, and Environmentally Sensitive Areas. The board may restrict the
subdivision of land to achieve the objectives of Chapter 22A relating to
conservation of tree and forest resources and to protect environmentally sensitive
areas. For purposes of this subsection, environmentally sensitive areas are limited
to critical habitats for wildlife or plant species, slopes over 25% or over 15% with
highly erodible soils, wetlands, perennial and intermittent streams, and stream
buffers. Specific measures also may be required to protect any rare, threatened or
endangered plants or animals.
Affected land.
i.
Floodplains. The Planning Board must restrict subdivision

or development of any property that is located in the
one-hundred-year floodplain of any stream or drainage
course.
ii.
Unsafe Land. The Planning Board must restrict the

subdivision or development of any land it finds to be
unsafe for development because of potential for flooding
or stream erosion, soils with structural limitations,
unstabilized slope or fill, steep slopes, or similar
environmental or topographical conditions.
iii.
Trees, Forests, and Environmentally Sensitive Areas. The

Planning Board may restrict the subdivision or
development of land to protect environmentally sensitive
areas and to achieve the objectives of Chapter 22A
relating to conservation of tree and forest resources.
Specific measures may also be required to protect any
rare, threatened or endangered plants or animals.
Restrictions - general.
(1)
In addition to any requirement imposed under Chapter 22A, the proposed

subdivision may be restricted under this Section by:
a.
deletion of or rearrangement of proposed lots, roads, utilities, and

other facilities;
b.
the establishment of building restriction and land disturbance limit

lines, and other protective measures or conditions;
c.
(2)
(e)
requiring conservation easements, deed restrictions, or covenants

over portions of lots or parcels to be recorded.
The deletion of proposed lots under subsection (c), should occur only if the
board finds that other measures authorized by law are inadequate to
provide reasonably appropriate short or long-term natural resource
protection or to satisfy the requirements of Chapter 22A.
Building restriction and land disturbance limit lines.
b.
Restrictions
i.
General. In addition to any requirement imposed under

Chapter 22A, the proposed Preliminary Plan or Simplified
64

EXISTING CHAPTER
(1)
(2)
(f)
(g)
(h)
12-23-14 DRAFT
Preliminary Plan may be restricted under this Section by:
Building restriction line. A building restriction line is a line designating an

area in which development or building is restricted under this Section. A
building restriction line must be used to designate floodplain, and other
environmentally sensitive or unsafe building areas if the area is not shown
on the plat as a right-of-way or easement in accordance with this Chapter.
Land disturbance limit line. A land disturbance limit line is a line
restricting land disturbing activities as defined in Chapter 19.
Floodplain or unsafe land on part of a lot. The board may permit, floodplain, or
unsafe land to be platted as a part of a lot in which there is sufficient safe ground to
erect a building or dwelling within the required setbacks of the zoning
classification. In the event that such land is platted as a part of a buildable lot, there
shall be placed on such platted lot a building restriction line which shall be located
so as to provide at least a twenty-five-foot setback between any building and the
unsafe areas and a greater setback where necessary to provide positive drainage
between the building and unsafe area.
Removal of building restriction line or land disturbance limit line. A building
restriction line or land disturbance limit line may be removed by the recording of a
new plat approved by the Board if it finds that a subsequent change in conditions
warrants the removal.
Except as provided under paragraph (2), a building permit must not be

issued for development within any area for which building or land
disturbance is restricted under this Section.
(2)
This subsection does not apply to:

a.
fences, agricultural structures, public utilities, or environmental
deletion or rearrangement of proposed lots,

roads, utilities, and other facilities;
(b)
the establishment of building restriction and land

disturbance limit lines, and other protective
measures or conditions; or
(c)
requirement of conservation easements, deed

restrictions, or covenants over portions of lots or
unplatted parcels to be recorded.
If the Planning Board finds that other measures authorized

by law are inadequate to provide short or long-term
natural resource protection, the Planning Board may
delete proposed lots.
ii.
Building restriction line. A building restriction line may be

used to protect floodplain and other environmentally
sensitive or unsafe building areas and must be shown on
the plat.
iii.
Limit of disturbance line. A limit of disturbance line may

be used to protect environmentally sensitive areas or
unsafe land.
iv.
Floodplain or unsafe land on part of a lot. The Planning

Board may permit floodplain or unsafe land to be platted
Denial of a building permit.

(1)
(a)
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EXISTING CHAPTER
12-23-14 DRAFT
as a part of a lot in which there is sufficient safe ground to

erect a building within the required setbacks of the zoning
classification. In the event that such land is platted as a
part of a buildable lot, a building restriction line must be
included on the plat to provide at least a 25-foot setback
between any building and the unsafe areas and a greater
setback where necessary to provide positive drainage
between the building and unsafe area.
management facilities or structures, approved by the Board or

County; or
b.
(i)
the issuance of building permits for the reconstruction or repair of

single-family dwellings existing on September 1, 1971, and
located within any one-hundred year floodplain which abuts a
creek or other recess, cove, bay or inlet on the shore of a river.
Regulations. The board may use regulations adopted under Chapter 22A to
administer this Section or adopt additional regulations under Method (2) and any
other State law applicable to its rulemaking. (Mont. Co. Code 1965, 104-21; Ord.
No. 7-19, 1; Ord. No. 8-41, 2; Ord. No. 11-63, 2; Ord. No. 12-16, 1.)
3.
v.
Removal of building restriction line or limit of disturbance

line. A building restriction line or limit of disturbance line,
if included on a plat, may be removed by the recording of
a new plat approved by the Planning Board if it finds that a
subsequent change in conditions warrants the removal.
vi.
Denial of a building permit. A building permit must not be

issued for a new building within any area for which
building or land disturbance is restricted under this
Section.
vii.
Regulations. The Planning Board may use regulations

adopted under Chapter 22A to administer this Section or
adopt additional regulations under Method (2) and any
other State law applicable to its rulemaking.
Sediment control. All Preliminary Plans and extensions of previously

approved plans must provide for erosion and sediment control, as
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EXISTING CHAPTER
12-23-14 DRAFT
required by all applicable laws and regulations governing sediment control.

a.
A person must not clear or grade land before recording plats,

without a permit from the Department of Permitting Services. The
Department may issue the permit subject to any temporary
easements and other conditions the Department finds necessary
to inspect and enforce the performance of the erosion and
sediment control measures.
b.
In the event the subdivider proceeds to clear and grade before

recording any plats, without satisfying the conditions specified
under paragraph 3.i, the Planning Board may revoke the approval
of the Preliminary Plan or extension of a previously approved plan.
Sec. 50-33. Preapplication submissions.
Division 50.6. Pre-Preliminary Plan Submissions.
Subdivision applicants are authorized to submit informal preapplication plans, including location
maps, sketch plans and such other information as is necessary, and seek advice from and confer
with the planning staff, and if appropriate, the subdivision review committee and, in the case of
major features, with the board, prior to formal submission of a preliminary plan. (Mont. Co. Code
1965, 104-22; Ord. No. 8-92, 1.)
Section 50.6.1. Filing and Specifications
Sec. 50-33A. Alternative procedure for preapplication submission.

(a)
Filing and approval procedures. If an applicant requests, in writing, the following

alternative procedure for review of a preapplication submission shall be followed:
(1)
The applicant shall submit a concept plan concerning those major aspects
Filing. Before the submission of a Preliminary Plan application, the, subdivider may
submit a Pre-Preliminary Plan to seek advice from the planning staff, the
development review committee, or the Planning Board, as appropriate, or seek a
binding decision from the Planning Board. The Applicant must file the PrePreliminary Plan and applicable supporting information, together with an
application form and fee as detailed in 50.5.1.A.
A.
B.
The Drawing. A Pre-Preliminary Plan must contain sufficient information relevant

to the aspects of the submission on which advice or a decision is requested before
preparation and submission of a Preliminary Plan application. The plan may
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EXISTING CHAPTER
of the submission on which a decision of the board is requested prior to

preparation and submission of a preliminary plan. The concept plan may
include, but shall not be limited to, the generalized layout of the
subdivision; the location and classification of streets, public rights-of-way,
easements, and dedications of land, the method of controlling erosion,
sediment, and stormwater; the relationship to existing or planned
subdivisions; the provisions for water and sewerage; and such other
features or information as the applicant shall choose to submit or the board
shall require in order to reach the decisions requested by the applicant. For
concept plans involving proposed development under the cluster method of
subdivision, the applicant shall provide sufficient information for the
planning board to make a finding that the proposed development satisfies
the requirements for cluster development as outlined in section 5039(c)(1)(c).
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include, but will not be limited to:

1.
the generalized layout of the subdivision;
2.
the location and classification of roads, public rights-of-way, easements,

and dedications of land;
3.
the method of controlling erosion, sediment, and stormwater;
4.
the relationship to existing or planned subdivisions;
5.
the provisions for water and sewerage;
6.
a resubdivision analysis; and
(2)
Upon receipt of the concept plan, the submission shall be referred to each
7.
any other features or information the applicant chooses to submit.
or any of the public agencies which has a direct interest in any feature of
the plan for its review and recommendations which shall be returned to the Section 50.6.2. Approval Procedure
board in writing within thirty (30) days. Within the same period of time,
the application shall also be placed on the agenda of the subdivision review A.
Referral of Plan. Application processing and timing of review are in 50.5.1.D. and
committee for its review and advice.
50.5.2.A.
(3)
After receiving the recommendations of the public agencies and the advice
of the subdivision review committee, the staff of the board shall present the B.
application to the board, together with its recommendations for approval,
disapproval or approval with conditions, provided the staff shall, to the
extent practicable, present the plan to the board within forty-five (45) days
from the date on which the application was received. The board shall act
to:
(i)
Approve the concept plan;
Hearing Date
The Planning Board must schedule a public hearing to begin within 90 days after
the date an application is accepted. The Director may postpone the public hearing
by up to 30 days once without Planning Board approval. The Director or applicant
may request an extension beyond the original 30 days with Planning Board
approval. Any extension of the public hearing must be noticed by mail and on the
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EXISTING CHAPTER
(ii)
Disapprove it, stating in writing to the applicant the reasons

therefor;
(iii)
Approve it, subject to such conditions or modifications as the

board finds are necessary, with respect to those features of the
concept plan on which its decision is requested by the applicant, or
recommended by a public agency, to produce a preliminary plan
that would meet the requirements of sections 50-34 and 50-35,
assuming all other features of the preliminary plan not included in
the concept plan to be in accordance with the provisions of this
chapter. Approval of any feature of a concept plan shall not limit
the ability of the board to impose further conditions as required by
subdivision regulations on features of the preliminary plan not
included in the concept plan.
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hearing agenda with the new public hearing date indicated.

C.
(4)
(b)
Within five (5) days, the board shall provide the applicant, in writing a
statement of its action with respect to the concept plan.
Modification of procedures in sections 50-34 and 50-35. When a preapplication

submission of a concept plan has been approved, or approved with conditions,
pursuant to this section, the procedures required in sections 50-34 and 50-35 of this
chapter shall be modified to the extent that the following is different; provided that
an application for a preliminary plan shall be filed within ninety (90) days
following the action of the board on the preapplication submission, otherwise the
concept plan shall expire, unless extended by action of the board:
(1)
(2)
The preliminary plan application shall contain the statement of the board's
action on the preapplication submission concept plan.
In their review of the plan as provided in section 50-35, the agencies to
which the plan is referred, and the board's staff, shall not recommend
changes or modifications in the preapplication conditions imposed by the
Action on a Pre-Preliminary Plan.

1.
Advisory.
The Development Review Committee will provide recommendations on
the Pre-Preliminary Plan on the date of the scheduled committee meeting.
Recommendations provided by agencies outside of the committee
meeting will be transmitted to the applicant as soon as they are received.
2.
Binding.
a.
After receiving the recommendations of the public agencies and

the advice of the development review committee, the staff of the
Planning Board must present the application to the Planning
Board, together with its recommendations for approval,
disapproval or approval with conditions. The Planning Board must
act to:
i.
Approve the Pre-Preliminary Plan;
ii.
Disapprove it, stating in writing the reasons for

disapproval; or
iii.
Approve it, subject to such conditions or modifications as

the Planning Board finds necessary. Approval of any
feature of a Pre-Preliminary Plan does not limit the ability
of the Planning Board to impose further conditions at the
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EXISTING CHAPTER
board, unless requested in writing by the applicant or unless the applicant

substantially changes some feature of the approved concept plan. The
purpose of review with respect to these conditions is to determine that they
have been met by the preliminary plan, as required in the statement of the
board, and if the preliminary plan is, in all respects, substantially the same
as the concept plan as approved, the thirty-day period for agency review
may be waived, at the discretion of the board's staff.
(3)
(4)
To the extent practicable, the staff shall accelerate review of the

preliminary plan and its presentation to the board.
The board, in its review of the plan, shall consider only those features of
the plan which are not in conformity with the conditions it imposed in the
preapplication review, plus any features not considered or acted upon in
that review. (Ord. No. 8-92, 1; Ord. No. 10-12, 1.)
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time of Preliminary Plan on features not included in the

Pre-Preliminary Plan.
3.
Modification of Preliminary Plan procedures.

a.
An application for a Preliminary Plan must be filed within 90 days

after the date of mailing of the Planning Board Resolution for the
Pre-Preliminary Plan, otherwise the approval will expire.
b.
When a Pre-Preliminary Plan application has been approved, or

approved with conditions, the procedures required in Sections
50.5.1 and 50.5.2 must be modified as follows:
i.
The Preliminary Plan application must contain the

statement of the Planning Board's action on the PrePreliminary Plan application;
ii.
In their review of the Preliminary Plan under 50.5.2., the

agencies to which the Preliminary Plan is referred, and the
Planning Board's staff, must not recommend changes or
modifications in the Pre-Preliminary Plan conditions
imposed by the Planning Board, unless requested in
writing by the applicant or unless the applicant
substantially changes some feature of the approved PrePreliminary Plan. The purpose of review for these
conditions is to determine that they have been satisfied by
the Preliminary Plan, as required in the Planning Boards
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resolution; and
iii.
Sec. 50-34. Preliminary subdivision plans-Filing and specifications.

(a)
(b)
(c)
The Planning Board, in its review of the Preliminary Plan,

must consider only those features of the Preliminary Plan
which are not in conformity with the conditions it imposed
in the Pre-Preliminary Plan application review, plus any
features not considered or acted upon in that review.
Article II. Subdivision Plans.
General. Every proposed subdivision or resubdivision shall be submitted to the

board for tentative or conditional approval in the form of a preliminary plan prior
to the submission of a subdivision record plat. The plan shall show graphically all
facts needed to enable the board and other public agencies to determine whether
the proposed layout of the land in question is satisfactory from the standpoint of
the public health, safety and welfare and the regulations, ordinances and laws
applicable.
Division 50.5. Preliminary Plan
Filing of plan with application and processing fee. The subdivider or an agent shall
file the preliminary subdivision plan with the board in the form of a tracing
drawing, together with the application for its approval and at the same time shall
deposit the appropriate fee for its processing. Fees for processing shall be
established by resolution adopted by the board from time to time. Such fees shall
not be higher than reasonably necessary to cover the cost of processing and
administration. The subdivider or an agent must also file with the application a
receipt from the County showing payment of any fees required in connection with
the Countys review process.
Application for approval. Written application by the owner or agent must be filed
with each preliminary plan and must be made on forms prescribed by the board and
contain such information as the board requires; If land or rights-of-way is owned or
controlled by the State of Maryland, the county, or other political subdivision,
government entity or agency, or the Washington Metropolitan Area Transit
Every proposed subdivision must be submitted to the Planning Board for approval in the
form of a Preliminary Plan before the submission of a subdivision plat. The plan must
include all maps and data needed for the Planning Board to make the findings required by
this Article.
A.
Application and Fee

1.
The subdivider must file the preliminary plan with the Planning Board,
together with the application form, supporting information, and
appropriate fee.
2.
The subdivider must own the property or be authorized by the owner to

file the application.
3.
If property is owned or controlled by the State of Maryland, the County, or

other political subdivision, government entity or agency, or the
Washington Metropolitan Area Transit Authority (WMATA), the subdivider
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EXISTING CHAPTER
Authority (WMATA), a person may file an application for the land if the
application includes an agency agreement or other written authorization from the
government entity, agency or WMATA authorizing the person to include the
public land or rights-of-way as part of the application. If a property lies entirely
within an area designated as an urban renewal area under Chapter 56 of the
Montgomery County Code, the landowner, contract purchaser, a legal entity, or
individual holding legal interest, whether in whole or in part, may file a combined
urban renewal project plan application that may include any other property also
located entirely in the urban renewal area.
(d)
The drawing. The drawing must be a graphic representation of the proposed

subdivision and submitted with the application in such form and with such
information and supporting detail as may be required by regulations of the Board.
Details and information required shall include:
(1)
Scale drawing of one hundred (100) feet to the inch, or other scale which
may vary according to the size of the development, in accordance with
board requirements.
(2)
Title information.
(3)
Certificate of registered professional engineer or registered land surveyor

as to source and accuracy of boundary lines, topographic data and other
engineering or survey data.
(4)
(5)
A natural resources inventory prepared in accordance with a technical

manual adopted by the Planning Board and, in addition, existing scenic or
historic areas.
Where a preliminary plan application is filed more than six months after
(effective date of subdivision regulation amendment) [June 29, 1998], the
preliminary plan must have bearings referenced to the Maryland
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must obtain authorization from the government entity, agency or WMATA

to include the property as part of the subdivision.
B.
The Drawing. The Preliminary Plan drawing must be submitted in a form as may
be required by regulations of the Planning Board. Details and information must
include:
1.
Scale drawing of 100 feet to the inch, or other scale which may vary due to
the size of the development;
2.
Title block information;
3.
Certificate of registered professional engineer and licensed land surveyor

to affirm the accuracy of boundary lines, topographic data and other
engineering or survey data;
4.
Locations and names of abutting and confronting subdivisions with lot,

block, and record plat number of subdivided land;
5.
Existing scenic or historic areas;
6.
Vicinity location map; and
7.
Graphic representation of the proposed subdivision, including:

a.
Bearings referenced to the Maryland Coordinate System, except

that an application filed to correct an approved Preliminary Plan
may be referenced to the Plat Meridian used on the original
approved Preliminary Plan or the Record Plat;
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12-23-14 DRAFT
Coordinate System, except for the following circumstances:
b.
Lot and block layout;
a.
c.
All roads labeled as public or private with construction details;
d.
Location of existing and proposed utilities;
e.
Existing topography with contour intervals not greater than 5 feet;
f.
Location and width of existing and proposed sidewalks;
g.
Sites for public uses and open spaces;
h.
Location, type, and width of all existing and proposed rights-ofway and easements including roads, slopes, paths, utilities, on and
off site storm drainage, and other improvements;
b.
An application filed to correct an approved preliminary plan may

be referenced to the Plat Meridian, meaning that used on the
original approved preliminary plan or the Subdivision Record Plat,
if the Subdivision Record Plat was recorded; and
Subdivisions, involving no more than 2 lots, may be referenced to
the Deed Meridian if there are no Maryland Coordinate System
control points within one mile of the subdivision and/or the
monumentation control is not available or practical as determined
by the Director.
(6)
Locations and names of adjacent subdivisions with lot, block, and record
plat number of immediately adjoining subdivided land.
(7)
Location, names, widths of rights-of-way and construction details for all

roads and dedicated rights-of-way and easements.
i.
On-site sidewalks and connections to existing off-site sidewalks;
(8)
Location of existing and proposed utilities.
j.
(9)
Existing topography with contour intervals not greater than five (5) feet.
(10)
Vicinity location map.
The proposed use of all lots must be indicated on the Preliminary

Plan. The Preliminary Plan must show the scaled dimensions and
approximate area of each use except one-family dwellings. The
proposed use must be permitted in the zone;
(11)
Location of existing and proposed sidewalks.
k.
When the property is included in more than one zone, the lines
showing the limits of each zone must be indicated; and
(12)
Graphic representation of property drawing of proposed subdivision,

including:
l.
The plan must also show all existing topography, structures, and
paving within 100 feet on adjoining properties.
a.
Lot and block layout.
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EXISTING CHAPTER
b.
(e)
Roads and streets shall, in general, be laid out to preserve and

encourage open spaces, tree cover, recreation areas, scenic vistas
and outstanding natural topography. Road grades shall be shown
indicating the percentage of tangent grades, the length of crest and
sag vertical curves and elevations therefor, and in addition,
elevations of all intersecting streets shall be indicated. Direction of
flow shall also be indicated. The tentative plan shall be supported
by a preliminary storm drain study prepared in accordance with the
requirements of the Washington Suburban Sanitary Commission.
In cases where the topography or other topographical conditions
make difficult the ready determination of the adequacy of the
street grades, the registered surveyor or registered engineer
submitting such grades may be required to substantiate subdivision
layout with plans, profiles or designs and certifications as may
from time to time be required by the Board which would tend to
prove the desirability and adequacy of the proposed development.
c.
Sites for public uses and open spaces.
d.
Rights-of-way and easements for slopes, paths, utilities, on and off

site storm drainage and other required improvements.
e.
On-site sidewalks and connections to existing off-site sidewalks.
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C.
Supporting Information
1.
An approved Natural Resources Inventory/Forest Stand Delineation.
2.
A receipt from the County and other applicable agencies showing payment
of any applicable fees required in connection with the Countys review
process.
3.
Road Grades. Road grades shown to indicate the percentage of tangent

grades, the length of crest and sag vertical curves and elevations, and in
addition, elevations of all intersecting roads. Direction of water flow must
also be indicated. The plan must be supported by a preliminary storm
drain study prepared in accordance with the Countys. Where the
topography makes the determination of the adequacy of the road grades
difficult, the registered surveyor or registered engineer submitting the
grades is required to prove the desirability and adequacy of the proposed
development of the subdivision layout with plans, profiles, or designs and
certifications.
Sites for other than single-family dwellings.

(1)
All sites proposed for uses such as churches, public utilities, shopping
centers, multi-family dwellings, general commercial or industrial shall be
indicated for such use on the preliminary plan, together with scaled
dimensions and approximate area of each such site. The proposed use shall
be in accordance with the uses for which the property is actually zoned or
recommended for zoning on a duly adopted zoning plan. Nothing herein
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EXISTING CHAPTER
12-23-14 DRAFT
shall be construed to limit actual development to such proposed uses.

(2)
When the property is included in more than one zoning classification, the
lines showing the limits of each classification shall be clearly indicated.
(3)
(f)
Interior road or street access, whether private or proposed to be dedicated,

shall be shown.
Wells and septic systems. Before submission to the Department of Permitting
Services, all preliminary subdivision plans for lots in areas where individual wells,
and septic systems would be installed must show, in addition to the usual data, the
following items:

C.
Supporting Information
4.
(g)
(1)
The proposed location of water wells for each lot. Where there are existing
wells on the property or on adjoining lots within one hundred (100) feet,
they shall also be shown.
(2)
A circular area with radius of one hundred (100) feet around each well to
denote clear space in which no final sewage system is to be located.
(3)
The usable area for sewage disposal, which shall be situated beyond the
one hundred-foot radius and downgrade from the proposed house location
and shall all be in virgin soil.
(4)
Wells and septic systems. For lots located in areas where individual wells
and septic systems would be installed the Preliminary Plan must also show
the following:
a.
The proposed location of water wells for each lot and existing
wells on the property and within 100 feet of the property;
b.
A circular area with a radius of 100 feet around each well to

denote clear space in which no final sewage system is to be
located;
Any existing sewage disposal systems on the property or on adjoining lots

within one hundred (100) feet.
c.
The usable area for sewage disposal, that satisfies the Executive
Regulations for on-site sewage disposal;
(5)
Swamps, rock outcrops and floodplains, when the same exist.
d.
(6)
A ten-foot zone surrounding the water service line to buildings, free and
clear of any sewer lines, systems or part thereof.
Any existing sewage disposal systems on the property and within

100 feet of the property;
e.
Wetlands, rock outcrops and floodplains; and
Staging schedule. The applicant or his agent must submit with the written
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EXISTING CHAPTER
application a recording and construction schedule which must indicate those

portions of the area covered by the preliminary plan for which record plats and
building permits will be sought and obtained during each of the succeeding years,
up to the validity period of the APFO approval required by Sec. 50-35(k). Where a
project is proposed to be built out in phases cumulatively exceeding three years,
the applicant must submit a phasing schedule for approval by the Board as part of
the preliminary plan. The preliminary plan establishes the validity period for the
entire project.
When applicable, the phasing schedule should specifically identify the timing for
the completion of construction and conveyance to unit owners of such things as
common open areas and recreational facilities. In addition, the phasing schedule
should indicate the timing for the provision of moderate priced dwelling units, and
infrastructure improvements associated with each phase. Such a phasing schedule
must be designed to have as little dependence on features (other than communitywide facilities) to be provided in subsequent phases and have minimal impact
during construction on phases already built and occupied.
For projects that require site plan review, the applicant may submit the final
phasing schedule, detailing the information required in this section, provided the
implementation of the phasing schedule does not exceed the validity period
established in the preliminary plan.
(h)
Staging schedule for land containing an arts or entertainment use as a public use
space. If a phasing plan for a preliminary plan of subdivision includes land or
building space that the County has accepted for an arts or entertainment use under
Section 59-C-6.2356, approval of a site plan under Section 59-D-3 for the phase
containing that land or building space validates all remaining phases of the
preliminary plan and the project plan for the purpose of Section 59-D-2.7(b).
(i)
Increase of density. A preliminary subdivision plan for a property in a receiving

area which proposes to increase the density of the property by a utilization of
f.
5.
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A 10-foot zone surrounding the water service line to buildings, free

and clear of any sewer lines, systems, or part thereof.
Phasing schedule
a.
The Preliminary Plan approval establishes the validity period for

the entire project.
b.
Where a project is proposed to be built out in phases cumulatively

exceeding the validity period, the applicant must submit a
recording and construction phasing schedule as part of the
Preliminary Plan for approval by the Planning Board. The schedule
must indicate the portions of the Preliminary Plan for which record
plats and building permits will be obtained during each of the
proposed phases, up to the expiration of the adequate public
facilities validity period.
c.
When applicable, the phasing schedule must identify the timing

for the completion of construction and conveyance to unit owners
of such things as common open areas and recreational facilities. In
addition, the phasing schedule must indicate the timing for the
provision of moderate priced dwelling units, and infrastructure
improvements associated with each phase. Such a phasing
schedule must be designed to minimize dependence on features
(other than community-wide facilities) that will be provided in
subsequent phases and have minimal impact during construction
on phases already built and occupied.
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12-23-14 DRAFT
development rights shall indicate, in addition to the number of lots permitted by the
base density, the number of development rights to be conveyed to the receiving
property, the total density, in dwelling units, of the proposed subdivision, the
number of moderately priced dwelling units to be provided in accordance with the
provisions of Chapter 25A, and the density recommended by the approved and
adopted general, master, sector or functional plan.
d.
For projects that require site plan review, the applicant may
submit a modified phasing schedule, detailing the information
required in Subsection 50.5.1.C.4.c, if the implementation of the
phasing schedule will be within the validity period established in
the Preliminary Plan.
(j)
Development rights. Such a preliminary subdivision plan must include at least twothirds of the number of development rights permitted to be transferred to the
property under the provisions of the appropriate general, master, sector or
functional plan. However, upon a finding by the Planning Board that for
environmental reasons it would be desirable to permit a lower density, the twothirds requirement may be waived.
d.
(k)
A preliminary subdivision plan application for a subdivision to be located in a

transportation management district, as designated under Chapter 42A, Article II,
must contain a draft traffic mitigation agreement that meets the requirements of
that article unless one has previously been submitted at the time of project plan
submittal under the optional method of development. (Mont. Co. Code 1965,
104-23; Ord. No. 8-73, 1; Ord. No. 9-23, 1; Ord. No. 9-68, 1; Ord. No. 9-69,
1; Ord. No. 11-18, 1; Ord. No. 11-23, 1; Ord. No. 12-16, 1; Ord. No. 12-19,
4; Ord. No. 12-60, 1, 3; Ord. No. 13-36, 1; Ord. No. 13-51, 1; Ord. No.
13-91, 4; Ord. No. 13-113, 1; Ord. No. 14-37, 1; Ord. No. 14-50, 1; Ord.
No. 15-89, 1; Ord. No. 16-26, 1.)
If a phasing plan for a Preliminary Plan includes land or building

space that the County has accepted for an arts or entertainment
use under Section 59-C-6.2356 of the zoning ordinance in effect on
October 29, 2014, approval of a site plan under Section 59-7.3.4
for the phase containing that land or building space validates all
remaining phases of the Preliminary Plan and the project plan for
the purpose of Section 59-D-2.7(b) of the zoning ordinance in
effect on October 29, 2014.
6.
Transfer of Development Rights.

a.
A preliminary plan for a property located in a receiving area which

proposes to increase the density of the property by using
development rights must indicate:
i.
the number of lots permitted for the tract by zoning

without the use of TDR or the MPDU density increase;
ii.
the number of development rights to be conveyed to the

receiving property;
iii.
the total density, in dwelling units, of the proposed

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subdivision;
b.
7.
Sec. 50-35. Preliminary subdivision plans-Approval procedure.

(a)
Referral of plan. Immediately after receiving a proposed plan, the Director must
send a copy to each of the following agencies, if that agency has a direct interest in
the installation or maintenance of utilities, roads, or other public services that will
serve the proposed subdivision, for the agency's recommendation concerning the
plan.
(1)
Washington Suburban Sanitary Commission, as to water and sewer service

and storm drainage.
iv.
the number of moderately priced dwelling units to be

provided as required by Chapter 25A; and
v.
the density recommended by the adopted master plan.
A preliminary plan that uses transferred development rights in the

Rural Residential and Residential zones must include at least twothirds of the number of development rights permitted to be
transferred to the property under the appropriate master plan.
However, the two-thirds requirement may be reduced if the
Planning Board finds the reduction is more appropriate for
environmental or compatibility reasons.
Draft Traffic Mitigation Agreement. A preliminary plan application for

property located in a transportation management district, designated
under Chapter 42A, Article II, must contain a draft traffic mitigation
agreement that meets the requirements of that Article.

D.
Application Processing
1.
The applicant must submit an initial application to the Director. The

Director must review the application for completeness within 10 days after
receipt. An application is incomplete if any required element is missing or
is facially defective, e.g., a drawing that is not to scale. The assessment of
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EXISTING CHAPTER
(2)
(b)
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completeness must not address the merits of the application.
County Department of Transportation, as to roads, streets, paths, and storm

drainage.
(3)
County Department of Permitting Services, as to sanitation, wells, septic

systems, water, and sewers.
(4)
Montgomery County Fire and Rescue Service, as to requirements for

adequate fire protection and access.
(5)
State highway administration, as to right-of-way requirements and access

on state roads.
(6)
Any appropriate agency of the federal government, as to federal projects.
(7)
Any municipality which has filed a request with the Board for an
opportunity to review subdivision or resubdivision plans for property
located in that municipality.
(8)
Montgomery County Public Schools, as to school site planning.
Recommendations from public agencies. Each County agency to which a plan is

referred under subsection (a) must return a copy of the plan to the Board within 30
days after the Planning Board transmit it, with the agencys recommendations
regarding any issue within the agencys jurisdiction. The Director may ask any
federal, state, or municipal agency to which a plan is sent to respond within 30
days or another appropriate time. The Board may extend a County agencys
comment period for an additional 30 days if the agency requests an extension in
writing and gives a substantial reason. If a County agency does not submit a
recommendation within the allowed time, the Chair of the Board must immediately
notify the County Executive and the Council President of that fact.
E.
2.
The applicant must submit any required revisions to the Director. The
Director must review the revised application for completeness within 10
days after receipt.
3.
After the Director verifies that the application is complete, the Director will
accept the application and establish a hearing date under Section 50.5.1.E.
4.
Public notice is required under the Manual of Development Review

Procedures.
Hearing Date
The Planning Board must schedule a public hearing to begin within 120 days after
the date an application is accepted. The Director may postpone the public hearing
by up to 30 days once without Planning Board approval. The Director or applicant
may request an extension beyond the original 30 days with Planning Board
approval. Any extension of the public hearing must be noticed by mail and on the
hearing agenda with the new public hearing date indicated.
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(c)
(d)
Subdivision Review Committee. The Board must establish a subdivision review

committee consisting of Planning Department staff and staff of any County agency
to which a given plan has been referred, to meet with applicants and other
interested persons to facilitate agency review of the plan, or to reconcile conflicting
requirements by different agencies. Each County agency to which a preliminary
subdivision plan is referred must designate a representative to the subdivision
review committee. For the purpose of plan review, the head of any participating
County agency must delegate authority to a representative to speak for the agency.
After receiving the comment of each agency and any recommendation from
members of the subdivision review committee, the Planning Department staff must
prepare its recommendation to the Board with regard to public requirements for the
subdivision, the reconciliation of conflicting agency comments, and any other issue
regarding compliance with applicable law and regulations.
Road grade and road profile. Before the Board finally approves a preliminary plan,
the subdivider must furnish road, and pedestrian path grades and a street profile
approved in preliminary form by the County Department of Transportation.
12-23-14 DRAFT
Section 50.5.2. Approval Procedure

A.
Referral of Plan. After accepting an application, the Director must send a copy to
the Development Review Committee and other reviewing agencies for the
agency's recommendation concerning the plan. If the application will require the
installation or maintenance of utilities, roads, or other public services, the Director
must send copies to:
1.
Washington Suburban Sanitary Commission, for water and sewer service;
2.
County Department of Transportation, for roads, streets, paths, and storm

drainage;
3.
County Department of Permitting Services, for sanitation, wells, septic

systems, water, and sewers;
4.
Montgomery County Fire and Rescue Service, for requirements for

adequate fire protection and access.
5.
State Highway Administration, for right-of-way requirements and access

on state roads;
6.
Any appropriate agency of the federal government;
Any municipality which has filed a request with the Planning Board for an
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opportunity to review subdivision or resubdivision plans for property

located in that municipality;
B.
8.
Montgomery County Public Schools, for school site planning;
9.
Any other Montgomery County Executive agency, for the adequacy of

public facilities and services; and
10.
Local utility providers.
Review and Recommendation

1.
Timing of Review
a.
Reviewing State and County agencies and utilities must submit

initial comments before the Development Review Committee
meeting.
b.
The applicant must submit revised drawings to address the

comments a minimum of 65 days before the date of the hearing.
The Director may extend the deadline if the applicant submits a
written request within 15 days after the revised drawings were
due. If no written request is received or an extension is not
granted, the application is deemed withdrawn.
c.
State and County agencies and utilities must submit a final

recommendation on the application a minimum of 45 days before
the date of the Planning Board hearing.
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EXISTING CHAPTER
2.
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Approvals from Public Agencies. The following agency approvals are

needed before the Planning Board approves the preliminary plan:
a.
Road grade and road profile. The road and pedestrian path
grades, road profile, storm drain adequacy, and sight distance
must be approved in preliminary form by the County Department
of Transportation;
b.
Wells and septic systems. For lots with individual wells or septic
systems, the plan must be approved by the Department of
Permitting Services;
c.
Storm water management. A storm water management concept,

if required under Chapter 19, must be approved by the
Department of Permitting Services;
d.
Water quality. If a water quality plan is required under Chapter

19, the Planning Board must not approve a Preliminary Plan or any
extension until all requirements of Chapter 19 for plan approval
are satisfied. Compliance with a required water quality plan,
including any plan reviewed on a preliminary or final basis, must
be made a condition of any approved Preliminary Plan; and
e.
Water and sewer service. If water and sewer is proposed to serve

the property, the Planning Board must not approve a Preliminary
Plan or any extension until WSSC provides preliminary approval of
the water and sewer service layout. Compliance with the
conceptually approved layout must be made a condition of any
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EXISTING CHAPTER
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approved Preliminary Plan.

3.
(e)
Wells and septic systems. Before the Board approves a plan for lots with individual
wells or septic systems, the plan must be approved by the Department of
Permitting Services. The Board must review any plan that includes residential
lots under the Maryland Sustainable Growth and Agricultural Preservation

Act of 2012 (Sections 9-206 and 9- 1110 of the Environment Article, and
Section 1-401 and Subtitle 5 of the Land Use Article).
(1)
The official map displaying the Growth Tier areas as allowed under
the Maryland Sustainable Growth and Agricultural Preservation Act
of 2012 is on the Planning Department website
at http://www.montgomeryplanning.org/development/. The Council
may amend the official map either by:
(A) adopting Tiers in a General Plan Amendment; or
(B) an amendment under Section 50-6A.
The following is a representation of the map as of September 18, 2012:
(2)
(3)
(4)
(5)
The Board must not approve any subdivision that would be served
by one or more septic systems on land located in the Tier I area.
The Board must not approve any major subdivision that would be
served by one or more septic systems on land located in the Tier II
area.
The Board may approve a subdivision for any number of residential
lots that would be served by one or more septic systems on land
located in the Tier III area.
The Board may approve a minor subdivision that would be served by
Director
The Director must publish a report and recommendation a minimum of 10

days before the Planning Board hearing.
E.
Public Improvements
2.

c.
Septic Tiers.
i.
The Planning Board must review any plan that includes
residential lots under the Growth Tier rules as follows:
(a)
ii.
In this Subsection:
(1)
a major subdivision is a subdivision that

would create 8 or more residential
building lots; and
(2)
a minor subdivision is a subdivision that

would create 7 or fewer residential
building lots.
The Planning Board must not approve any subdivision that

would be served by one or more septic systems on land
located in the Tier I area.
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EXISTING CHAPTER
(6)
(7)
(8)
one or more septic systems on land located in the Tier IV area.

The Board may approve a major subdivision that would be served by
one or more septic systems on land located in the Tier IV area if a
complete preliminary plan application was filed on or before August
31, 2012.
The Board may approve a major subdivision that would be served by
one or more septic systems on land in the Tier IV area.
In this subsection:
(A) a major subdivision is a subdivision that would create 8 or more
residential building lots; and
(B) a minor subdivision is a subdivision that would create 7 or fewer
residential building lots.
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iii.
The Planning Board must not approve any major

subdivision that would be served by one or more septic
systems on land located in the Tier II area.
iv.
The Planning Board may approve a subdivision for any

number of residential lots that would be served by one or
more septic systems on land located in the Tier III area.
v.
The Planning Board may approve a minor subdivision that

would be served by one or more septic systems on land
located in the Tier IV area.
vi.
The Planning Board may approve a major subdivision that

would be served by one or more septic systems on land in
the Tier IV area.
vii.
The official map displaying the Growth Tier areas as

allowed under the Maryland Sustainable Growth and
Agricultural Preservation Act of 2012 is on the Planning
Department website. The Council may amend the official
map either by:
(a)
adopting Tiers in a General Plan Amendment; or
(b)
an amendment under Section 50.11.6.
The latest version of the map may be accessed from the

MNCPPC website at www.montgomeryplanning.org.
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EXISTING CHAPTER
(f)
Presentation of plan to Board. Every preliminary plan must be presented to the

Board for its review and action at the earliest regular meeting after the staff has
completed its study and is ready to make its recommendation, but not later than the
first regular meeting which occurs after 60 days after the staff accepted the
application as complete. Any extension of time granted for review by other
agencies must be added to the 60 days. The Board must take one of the following
actions:
(1)
Approve, if the plan conforms to the purposes and other requirements of

this Chapter.
(2)
Approve, with any conditions or modifications necessary to bring the

proposed development into compliance with all applicable requirements. If
it approves a preliminary plan for cluster or MPDU optional method
development, the Board may require that, to resolve specific environmental
or compatibility issues, certain detached dwellings must not be included in
an application for a record plat until a site plan is approved under Division
59-D-3, and as required in Sections 59-C-1.521 and 59-C-1.63. Any
modification of a road or grades must be approved by the County
Department of Transportation.
(3)
Disapprove, if contrary to the purposes and other requirements of these

regulations, said disapproval to be by written notice to the applicant stating
the reasons therefor.
Following approval of a preliminary plan by the Board, no agency shall require a

substantial change in the plan, other than those which may be required by
conditions of approval specified by the Board, except upon amendment of the plan,
approved by the Board, or under procedures for revocation of a plan as provided by
subsection (i) of this section, title, revocation of approval.
(g)
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C.
Planning Board Action

1.
Every Preliminary Plan must be presented to the Planning Board for its
review and action. The Planning Board must take one of the following
actions or defer action to obtain more information:
a.
Approve, if the plan conforms to the purposes and other
requirements of this Chapter;
b.
Approve, with any conditions or modifications necessary to bring

the proposed development into compliance with all applicable
requirements; or
c.
Deny, if contrary to the purposes and other requirements of these

regulations.
2.
A Preliminary Plan amendment may be acted on by the Planning Board on

their Consent Agenda as provided for in the Planning Departments
Development Review Manual.
3.
Where a site plan is required, the approval of the Preliminary Plan must
specify that no clearing or grading can occur before approval of the site
plan unless otherwise specified.
4.
The Planning Board action must be by resolution containing findings

supporting its decision. Following approval of a Preliminary Plan by the
Planning Board, no agency may require a substantial change in the plan
Disposition of approved plans. Following each board meeting, every preliminary

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EXISTING CHAPTER
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plan which has been approved or conditionally approved will be appropriately

marked to indicate the action of the Board. The original tracing will be returned to
the applicant and copies thereof showing the board's action shall be furnished each D.
interested agency. Minor modifications approved by the Board may be indicated on
the tracing as revisions and so noted beneath the approval stamp. Any substantial
modification approved by the board will require that the tracing be returned to the
applicant for complete revision before receiving the approval stamp. A copy of the
original plan with modifications and a copy of the revised plan as approved will be
filed in the records of the Board.
E.
unless specified in the Planning Boards conditions of approval.

Required Findings. To approve a Preliminary Plan, the Planning Board must find
that:
1.
The Preliminary Plan substantially conforms to the master plan;
2.
Public facilities will be adequate to support and service the area of the
subdivision;
3.
The size, width, shape, orientation, and density of the lots are appropriate
for the location of the subdivision and for the type of development or use
contemplated, taking into account the recommendations included in the
master plan and the applicable requirements of Chapter 59;
4.
All requirements of the Forest Conservation Law, Chapter 22A are

satisfied;
5.
All stormwater management and water quality requirements of Chapter

19 are satisfied; and
6.
Any other applicable Planning Board finding required under this Chapter
that is specific to the property and necessary for approval of the
subdivision.
Plan Certification. Following each Planning Board meeting, every Preliminary Plan
which has been approved or conditionally approved must be certified by the
Director to confirm that the drawings reflect the Planning Boards approval. Any
modification approved by the Planning Board will require the applicant to revise
the plan before receiving the approval stamp. The approved plan will be filed in
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EXISTING CHAPTER
(h)
12-23-14 DRAFT
Duration of Validity Period and Actions Required to Validate the Plan.
the records of the Planning Board.

(1)
F.
(2)
Initiation Date. For preliminary plans the initiation date for commencing
the period during which time a plan must be validated is the later of:
(A)
30 days from the date of mailing of the written opinion, as such

date is printed on the opinion; or
(B)
if an administrative appeal is timely noted by any party authorized

to take an appeal, the date upon which the court having final
jurisdiction acts, including the running of any further applicable
appeal periods.
Plan Validity
1.
Initiation Date. The validity period for Preliminary Plans starts on the later
of:
a.
30 days from the date of mailing indicated on the written

resolution; or
b.
if an administrative appeal is timely noted by any party authorized

to file an appeal, the date upon which the court having final
jurisdiction acts, including the running of any further applicable
appeal periods.
Duration of Validity Period.

(A)
(B)
An approved preliminary plan for a single phase project remains

valid for 60 months after its Initiation Date for any preliminary
plan approved on or after April 1, 2009, but before April 1, 2013,
and for 36 months after its Initiation Date for any preliminary plan
approved on or after April 1, 2013. Before the validity period
expires, the applicant must have secured all government approvals
necessary to record a plat, and a final record plat for all property
delineated on the approved preliminary plan must have been
recorded in the County Land Records.
An approved preliminary plan for a multi-phase project remains
valid for the period of time allowed in the phasing schedule
approved by the Planning Board. The Planning Board must assign
each phase a validity period on a case-by-case basis, the duration
of which the applicant must propose as part of an application for
preliminary plan approval, revision, or amendment, after
2.
Duration of Validity Period.

a.
Single-phase project.
i.
A Preliminary Plan approved after March 31, 2009, and

before April 1, 2015, remains valid for 60 months after its
Initiation Date.
ii.
A Preliminary Plan approved after March 31, 2015,

remains valid for 36 months after its Initiation Date.
iii.
In order for an applicant to validate the plan before the

validity period expires, the applicant must have secured all
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EXISTING CHAPTER
considering such factors as the size, type, and location of the

project. The time allocated to any phase must not exceed 60
months after the initiation date for that particular phase for any
preliminary plan approved on or after April 1, 2009, but before
April 1, 2013, and 36 months after the initiation date for that
particular phase for any preliminary plan approved on or after
April 1, 2013. The cumulative validity period of all phases must
not exceed the APFO validity period which begins on the date of
the initial preliminary plan approval, including any extension
granted under Section 50-20(c)(5). A preliminary plan for a phase
is validated when a final record plat for all property delineated in
that phase of the approved preliminary plan is recorded in the
County Land Records.
(C)
The applicant must propose a phasing schedule before the

Planning Board acts on the preliminary plan or site plan, if
applicable.
(D)
An approved preliminary plan for a multi-phase project that

includes land or building space to be conveyed or dedicated to the
County for an arts or entertainment use under Section 59-C-6.2356
is validated for all phases of the approved preliminary plan by
recordation of a final record plat for all property in the phase
containing the land or building space to be conveyed or dedicated
to the County for an arts or entertainment use if recordation occurs
within 5 years after the final approval of the preliminary plan.
After approval, an amendment or modification to the phasing plan
or the preliminary plan will not affect the validations, if the
requirements of this subsection have otherwise been met.
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government approvals necessary to record a plat, and the

plat for all property delineated on the approved
Preliminary Plan must have been recorded in the County
Land Records.
b.
Multi-phase project.
i.
An approved Preliminary Plan for a multi-phase project

remains valid for the period of time allowed in the phasing
schedule approved by the Planning Board.
ii.
The applicant must propose a phasing schedule and the

duration of the validity period for each phase as part of an
application for Preliminary Plan approval or amendment.
The Planning Board must assign each phase a validity
period on a case-by-case basis after considering the size,
type, and location of the project.
iii.
The time allocated to any phase must not exceed 60

months after the initiation date for that particular phase
for any Preliminary Plan approved after March 31, 2009,
but before April 1, 2015, and 36 months after the initiation
date for that particular phase for any Preliminary Plan
approved after March 31, 2015.
iv.
The cumulative validity period of all phases must not

exceed the APFO validity period which begins on the
Initiation Date of the first Preliminary Plan approval,
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EXISTING CHAPTER
12-23-14 DRAFT
including any extension granted under Section 50.5.3.F.7.

v.
(3)
Extension of Validity Period.
An approved Preliminary Plan for a multi-phase project

that includes land or building space to be transferred to
the County for an arts or entertainment use under Section
59-C-6.2356 of the zoning ordinance in effect on October
29, 2014, is validated for all phases of the approved
Preliminary Plan by recordation of a plat for all property in
the phase containing the arts or entertainment use if
recordation occurs within 5 years after the final approval
of the Preliminary Plan. After approval, an amendment or
modification to the phasing plan or the Preliminary Plan
will not affect the validations, if the requirements of this
Subsection have otherwise been met.
3.
Validation. A Preliminary Plan or phase of a Preliminary Plan is validated

when a plat for all property delineated on the plan or in that phase is
recorded in the County Land Records.
4.
Effect of a Preliminary Plan Amendment on Validity Period. For any action

taken by the Planning Board to amend a previously approved Preliminary
Plan, the Planning 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 Planning Board must consider the nature
and scope of the requested amendment.

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EXISTING CHAPTER
(A)
A request to extend the validity period of an approved preliminary

plan that does not contain a phasing schedule must be submitted in
writing and received by the Planning Board before the previously
established validity period expires. The written submission must
specify in detail all grounds and reasons purported by the applicant
to support the extension request and must include a declaration
that states the anticipated date for validating the plan. The
applicant must certify that the requested extension is the minimum
additional time required for validation.
(B)
The failure to submit a detailed, written request in a timely fashion

voids all non-validated portions of the preliminary plan and, where
applicable, an approved site plan.
(C)
If a preliminary plan has been allowed to expire due to applicant's

failure to file a timely request for an extension, the Board on a
case-by-case basis in unusual situations may require submission
and approval of a new plan, including a new APFO review; or,
where practical difficulty or undue hardship is demonstrated by the
applicant, may reinstate an expired plan and establish a new
validity period for the plan. The Board, when considering a request
to extend an otherwise expired plan, may require the applicant to
secure a new APFO review and approval by the Board, as a
prerequisite or condition of its action to validate and extend the
expired plan. Only the Planning Board is authorized to extend the
validity period.
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G.
Extension of Validity Period

1.
2.
Extension Request
a.
A request to extend the validity period of an approved Preliminary

Plan that does not contain a phasing schedule must be submitted
in writing and received by the Planning Board before the
previously established validity period expires.
b.
The written request must detail all reasons to support the

extension request and must include a declaration that states the
anticipated date for validating the plan. The applicant must certify
that the requested extension is the minimum additional time
required to record all plats for the preliminary plan.
Effect of Timing
a.
The failure to submit a written extension request in a timely
fashion voids all non-validated portions of the Preliminary Plan
and, where applicable, an approved site plan.
b.
The Planning Board may require the applicant to secure a new

APFO review and approval by the Planning Board as a prerequisite
or condition of its action to extend an expired plan. Only the
Planning Board is authorized to extend the validity period.
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EXISTING CHAPTER
(D)
Grounds for Extension of the Validity Period of a Preliminary

Plan. The Planning Board may only grant a request to extend the
validity period of a preliminary plan if the Board is persuaded that:
i.
ii.
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3.
Grounds for Extension

a.
delays, subsequent to the plan approval by the government

or some other party, essential to the applicant's ability to
perform terms or conditions of the plan approval, have
materially prevented applicant from validating the plan,
provided such delays are not created or facilitated by the
applicant; or
the occurrence of significant, unusual, and unanticipated
events, beyond applicant's control and not facilitated or
created by applicant, have substantially impaired
applicant's ability to validate its plan and that exceptional
or undue hardship (as evidenced, in part, by the efforts
undertaken by applicant to implement the terms and
conditions of the plan approval in order to validate its
plan) would result to applicant if the plan were not
extended.
The Planning Board, in considering a request for an extension,

may condition the grant of an extension on a requirement that the
applicant revise its plan to conform with changes to applicable
laws or regulations since the plan was approved that are intended
to apply to the project.
The Planning Board, in considering a request for an extension,
may deny the request if it finds that the project, as approved and
conditioned, is no longer viable. In considering the viability of a
project, the Board must consider such factors as whether the
project is capable of being financed, constructed, and marketed
b.
4.
The Planning Board may only grant a request to extend the validity
period of a Preliminary Plan if the Planning Board finds that:
i.
delays by the government or some other party after the

plan approval have prevented the applicant from
performing terms or conditions of the plan approval and
validating the plan, provided such delays are not caused by
the applicant; or
ii.
the occurrence of significant, unusual, and unanticipated

events, beyond the applicant's control and not caused by
the applicant, have substantially impaired the applicant's
ability to validate the plan, and exceptional or undue
hardship (as evidenced, in part, by the efforts undertaken
by the applicant to implement the terms and conditions of
the plan approval in order to validate the plan) would
result to the applicant if the plan were not extended.
The applicant bears the burden of establishing the grounds in

support of the requested extension.
Planning Board Considerations for Extension

a.
The Planning Board may condition the grant of an extension on a

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EXISTING CHAPTER
12-23-14 DRAFT
requirement that the applicant revise the plan to conform with

changes to applicable laws or regulations since the plan was
approved.
within a reasonable time frame and demonstrated by the applicant

upon request by the Planning Board or its staff.
The Planning Board must determine whether a request for an
extension should be granted after public hearings for which notice
was duly given. The requirements for noticing and conducting a
public hearing must follow the requirements for reviewing a
preliminary plan. The applicant bears the burden of establishing
the grounds in support of the requested extension. An applicant
must not presume that the Board will approve an extension.
If voting to approve an extension, the Board may only grant such
minimal time it determines to be necessary for the applicant to
validate its plan. The Board must not grant an extension to a
preliminary plan which has the effect of carrying the plan's validity
period beyond any established APFO validity period, unless
otherwise allowed by law. An applicant may request, and the
Board may approve, one or more extensions. Once a phasing
schedule is approved by the Planning Board as part of a
preliminary plan approval, any revision or alteration to the
schedule other than an amendment approved under Section 5020(c)(7) must not be treated as a request for extension, but rather
as an amendment or revision to the preliminary plan. Planning
Board approval of a revised phasing schedule may have the effect
of extending the validity period.
b.
5.
The Planning Board may deny the extension request if it finds that
the project, as approved and conditioned, is no longer viable. The
Planning Board must consider whether the project is capable of
being financed, constructed, and marketed within a reasonable
time frame. The Applicant must demonstrate the projects
viability upon request by the Planning Board or its staff.

a.
The Planning Board must determine whether a request for an

extension should be granted after a public hearing for which
notice was duly given. The requirements for noticing and
conducting a public hearing must follow the requirements for a
Preliminary Plan.
b.
If voting to approve an extension, the Planning Board must not

grant more time than it deems necessary for the applicant to
validate its plan.
c.
The Planning Board must not grant an extension to a Preliminary

Plan which has the effect of carrying the plan's validity period
beyond any established APFO validity period, unless allowed by
law.
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EXISTING CHAPTER
(E)
12-23-14 DRAFT
d.
An applicant may request, and the Planning Board may approve,

one or more extensions.
e.
Once a phasing schedule is approved by the Planning Board as part

of a Preliminary Plan approval, any revision or alteration to the
schedule other than an amendment approved under Section
50.5.3.F.7 a must not be treated as a request for extension, but
rather as an amendment or revision to the Preliminary Plan.
Planning Board approval of a revised phasing schedule may have
the effect of extending the validity period.
Effect of Failure to Timely Validate Plan or Secure an Extension.
(i)
H.
(ii)
(iii)
If a preliminary plan is not timely implemented in whole

or in part prior to the expiration of the validity period, the
remaining portion of such plan not then validated also
expires. Similarly, the failure on the part of an applicant to
timely validate a phase, in whole or part, voids the balance
of the preliminary plan approval for that phase and all
subsequent phases not yet validated.
In those instances where an applicant has timely validated
only a portion of a plan and no extension is granted, the
applicant seeking to develop only that portion of the
project remains responsible for fully complying with all of
those terms, conditions, and other requirements associated
with the portion of the plan approval that has been
implemented.
If a preliminary plan or portion thereof is not timely
Effect of Failure to Timely Validate Plan or Secure an Extension

1.
If a Preliminary Plan is not timely validated in whole or in part before the

expiration of the validity period, any remaining portion of the plan expires.
For multi-phased plans, the failure on the part of an applicant to timely
validate a phase, in whole or in part, voids the balance of the Preliminary
Plan approval for that phase and all subsequent phases not yet validated.
2.
In those instances where an applicant has timely validated only a portion

of a plan and no extension is granted, the applicant seeking to develop
only that portion of the project remains responsible for fully complying
with all of the terms, conditions, and other requirements associated with
the portion of the plan approval that has been implemented.
3.
If a Preliminary Plan or a phase of the plan is not timely validated, any

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EXISTING CHAPTER
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APFO determination made by the Planning Board associated with the

expired portion of the Preliminary Plan also expires. In such event the
applicant loses any further rights to claim any vehicle trips associated with
the expired APFO approval. The filing of a new Preliminary Plan
application does not provide the basis for reclaiming vehicle trips lost by
the termination of the APFO approval.
validated, any APFO determination made by the Planning

Board associated with the expired portion of the
preliminary plan also expires. In such event the applicant
loses any further rights to claim any trips associated with
the expired APFO approval. The filing of a new
preliminary plan would not lay the basis for reclaiming
trips lost by the termination of the APFO approval.
(iv)
(4)
(i)
4.
A project plan that is not timely validated may also cause a

preliminary plan approval conditionally linked to such
project plan approval to simultaneously expire.
Affect of a Preliminary Plan Amendment or Revision on Validity Period. An

amendment or revision to an approved preliminary plan must affect the established
validity period for the preliminary plan as provided in Section 59-D-2.6.
Revocation of approval. Approval of a preliminary plan may be revoked by
resolution of the Board at any time prior to the approval of the final record plat
covering the proposed subdivision, upon a finding by the Board that any conditions
attached to the approval of such preliminary plan have become inapplicable or that
the plan itself has been rendered impractical by reason of an amendment or
addition to the general plan or any portion thereof, or by a proposed public
improvement which conflicts with such plan or other conditions or circumstances
which involve injury or damage to the public health, safety or welfare. The Board
shall afford a landowner or subdivider an opportunity to be heard prior to taking
any action to revoke approval of a preliminary plan by sending such owner or
subdivider a notice by certified mail not less than five (5) days prior to the date of
the proposed action and giving the time and place thereof. The notice shall state the
reasons for the proposed revocation.
A Preliminary Plan approval conditionally linked to the project plan

approval expires if the project plan expires.

I.
Revocation of approval
1.
Approval of a Preliminary Plan may be revoked by resolution of the

Planning Board at any time before Planning Board approves the final plat
covering the proposed preliminary plan.
2.
To revoke a Preliminary Plan approval, the Planning Board must find that
any portion of the plan has been rendered impractical by reason of an
amendment to the general plan, or by a conflict with a proposed public
improvement or other conditions or circumstances that make the plan
contrary to public health, safety or welfare.
3.
The Planning Board must give a subdivider notice and an opportunity to be

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EXISTING CHAPTER
(j)
Sediment control. All preliminary plans and extensions of previously approved

plans must provide for erosion and sediment control, in accordance with all
applicable laws and regulations governing sediment control.
(1)
The Board, in its consideration of each preliminary plan or extension of

previously approved plan, shall condition its approval upon the execution
by the subdivider of erosion and sediment control measures to be specified
by the Board after receiving recommendations from the Montgomery Soil
Conservation District.
(2)
One (1) copy of each approved preliminary plan or extension of previously

approved plan shall be referred to the Montgomery Soil Conservation
District for review and recommendation as to adequate erosion and
sediment control measures to prevent damage to other properties.
(3)
The installation and maintenance of the specified erosion and sediment

control measures shall be accomplished in accordance with the procedures
for public works agreement as specified in subsection (g) of Section 50-37
and in accordance with standards and specifications on file with the
Montgomery Soil Conservation District.
(4)
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heard before taking any action to revoke approval of a Preliminary Plan by

sending the owner and subdivider a notice by certified mail at least 5 days
before the date of the proposed action and giving the time and place of
the hearing. The notice must state the reasons for the proposed
revocation.
G.
Environment
3.
Sediment control. All Preliminary Plans and extensions of previously

approved plans must provide for erosion and sediment control, as
required by all applicable laws and regulations governing sediment control.
a.
A person must not clear or grade land before recording plats,

without a permit from the Department of Permitting Services. The
Department may issue the permit subject to any temporary
easements and other conditions the Department finds necessary
to inspect and enforce the performance of the erosion and
sediment control measures.
b.
In the event the subdivider proceeds to clear and grade before

recording any plats, without satisfying the conditions specified
under paragraph 3.i, the Planning Board may revoke the approval
of the Preliminary Plan or extension of a previously approved plan.
A person must not clear or grade land before recording plats, without a
permit from the Department of Permitting Services. The Department may
issue the permit subject to any temporary easements and other conditions
the Department finds necessary to inspect and enforce the performance of
the erosion and sediment control measures provided for in paragraph (1).
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EXISTING CHAPTER
(k)
In the event the subdivider proceeds to clear and grade prior to recording
of plats, without satisfying the conditions specified under paragraph (4),
the Board may revoke the approval of the preliminary plan or extension of
previously approved plan
Adequate public facilities. The Planning Board must not approve a preliminary
plan of subdivision unless the Board finds that public facilities will be adequate to
support and service the area of the proposed subdivision. Public facilities and
services to be examined for adequacy include roads and public transportation
facilities, sewerage and water service, schools, police stations, firehouses, and
health clinics.
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(5)
(1)
A.
Periodically the County Council must establish by resolution, after public

hearing, guidelines to determine the adequacy of public facilities and
services. A growth policy periodically approved by the County Council
may serve this purpose if it contains those guidelines. To provide the basis
for the guidelines, the Board and the County Executive must provide the
following information and recommendations to the Council:
(A)
(B)
(2)
Section 50.11.2. Establishment of Adequate Public Facilities Guidelines
The Board must analyze current growth and the amount of

additional growth that can be accommodated by future public
facilities and services. The Board must also recommend any
changes in preliminary plan approval criteria it finds appropriate in
the light of its experience in administering this Chapter.
The Executive must comment on the Boards analyses and
recommendations and recommend criteria to determine the
adequacy of public facilities.
Each applicant for a preliminary plan of subdivision must, at the request of

the Board, submit sufficient information on the proposed subdivision to
demonstrate the expected impact on and use of public facilities and
services by occupants of the subdivision.
The Council must establish by resolution, after public hearing, guidelines to

determine the adequacy of public facilities and services. A subdivision staging
policy approved by the Council may serve this purpose if it contains those
guidelines. To provide the basis for the guidelines, the Planning Board and the
County Executive must provide the following information and recommendations to
the Council:
1.
The Planning Board must analyze current growth and the amount of
additional growth that can be accommodated by public facilities and
services. The Planning Board must also recommend any changes in
Preliminary Plan approval criteria it deems appropriate; and
2.
The County Executive must comment on the Planning Boards analyses and
recommendations and recommend criteria to determine the adequacy of
public facilities.

F.
Adequate Public Facilities Ordinance (APFO)

1.
Definitions. Words and phrases used in this Subsection have the meanings
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EXISTING CHAPTER
(3)
(4)
The Board must consider the recommendations of the Executive and other
agencies in determining the adequacy of public facilities and services in
accordance with the growth policy or other applicable guidelines.
(5)
For a proposed subdivision located in a Transportation Management

District designated under Chapter 42A, Article II, if the Planning Board
finds, under criteria and standards adopted by the County Council, that
additional transportation facilities or traffic alleviation measures are
necessary to ensure that public transportation facilities will be adequate to
serve the proposed subdivision, the subdivision plan must be subject to the
execution of a traffic mitigation agreement.
(6)
2.
The Board must submit each proposed preliminary plan of subdivision to

the Executive in addition to the agencies specified in subsection (a).
Applicability
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The Planning Board must not approve a Preliminary Plan unless the
Planning Board finds that public facilities will be adequate to
support and service the subdivision. Public facilities and services
to be examined for adequacy include roads and public
transportation facilities, sewer and water service, schools, police
stations, firehouses, and health clinics.
3.
This subsection does not apply to any place of worship, residence for
religious staff, parish hall, or addition to a school associated with a place of
worship.
4.
Exemptions. The following are exempt from the requirements of this

Section:
a.
Exclusively residential development on a lot or parcel recorded by

plat before July 25, 1989, or otherwise recorded in conformance
with a Preliminary Plan approved before that date;
b.
Any place of worship, residence for religious staff, parish hall,

school, or day care associated with a place of worship that does
not generate peak hour vehicle trips is exempt from the traffic
test; and
c.
Additions to schools associated with a place of worship that

existed before July 25, 1989, regardless of peak hour vehicle trips,
is exempt from the traffic test.
Approval procedure
a.
Each applicant for a Preliminary Plan must submit sufficient

information for the subdivision to demonstrate the expected
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EXISTING CHAPTER
(l)
Relation to Master Plan. In determining the acceptability of a preliminary plan

submitted under this Chapter, the Planning Board must consider the applicable
master plan, sector plan, or urban renewal plan. A preliminary plan must
substantially conform to the applicable master plan, sector plan, or urban renewal
plan, including maps and text, unless the Planning Board finds that events have
occurred to render the relevant master plan, sector plan, or urban renewal plan
recommendation no longer appropriate. However:
(1)
To permit the construction of all MPDUs under Chapter 25A, including

any bonus density units, on-site in zones with a maximum permitted
density more than 39 dwelling units per acre or a residential floor area ratio
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impact on and use of public facilities and services by the

subdivision.
b.
The Planning Board must consider the recommendations of the

Executive and other agencies in determining the adequacy of
public facilities and services under the subdivision staging policy or
other applicable guidelines.
c.
For a proposed subdivision located in a Transportation

Management District designated under Chapter 42A, Article II, if
the Planning Board finds, under criteria and standards adopted by
the County Council, that additional transportation facilities or
traffic alleviation measures are necessary to ensure that public
transportation facilities will be adequate to serve the subdivision,
the subdivision plan must be subject to the execution of a traffic
mitigation agreement.

A.
Relation to Master Plan

1.
In determining the acceptability of a Preliminary Plan submitted

under this Chapter, the Planning Board must consider the
applicable master plan, sector plan, or urban renewal plan. A
Preliminary Plan must substantially conform to the applicable
master plan, sector plan, or urban renewal plan, including maps
and text, unless the Planning Board finds that events have
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EXISTING CHAPTER
(FAR) more than .9, a preliminary plan may exceed:

(A)
any dwelling unit per acre or FAR limit recommended in a master

plan or sector plan, but must not exceed the maximum density of
the zone; and
(B)
any building height limit recommended in a master plan or sector

plan, but must not exceed the maximum height of the zone.
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occurred to render the relevant master plan, sector plan, or urban

renewal plan recommendation no longer appropriate.
The additional FAR and height allowed by this subsection is limited to the
FAR and height necessary to accommodate the number of MPDUs built on
site plus the number of bonus density units.
(2)
To permit the construction of all workforce housing units required under

59-A-6.18 and Chapter 25B on-site, the Planning Board must permit:
(A)
any residential density or residential FAR limit of the applicable

zone to be exceeded to the extent required for the number of
workforce housing units that are constructed, but not by more than
10 percent;
(B)
any residential density or residential FAR limit recommended in a

master or sector plan to be exceeded to the extent required for the
number of workforce housing units that are constructed, but not to
more than the maximum density and FAR of the zone, except as
provided in paragraph (1); and
(C)
any building height limit recommended in a master or sector plan

to be exceeded to the extent required for the number of workforce
housing units that are constructed, but not to more than the
maximum height of the zone.
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EXISTING CHAPTER
(m)
(n)
Where a Division 59-D-3 site plan is required, in addition to the requirements of

this Chapter, the preliminary plan of subdivision must specify that no clearing or
grading can occur prior to approval of the site plan unless otherwise specified in
the approval of the preliminary plan of subdivision.
In approving a preliminary plan or site plan, the Board may, with the consent of the
Departments of Transportation and Permitting Services, require a developer to
provide a reasonable amount of off-site sidewalks or sidewalk improvements. Offsite sidewalks or sidewalk improvements may be required to provide necessary
connections from the proposed development to an existing sidewalk, an existing or
proposed bus or other public transit stop, or a public facility that either exists or is
recommended in the area master plan, that the Board finds will be used by
residents or users of the development, or for handicapped access. The developer
must not be required to obtain any right-of-way to build or improve a sidewalk.
(o)
Forest Conservation. If a forest conservation plan is required under Chapter 22A,

the Board must not approve a preliminary plan or any extension until all
requirements of that law for plan approval are satisfied. Compliance with a
required forest conservation plan, including any plan reviewed on a preliminary or
final basis, must be made a condition of any approved preliminary plan.
(p)
A subdivision application filed and reviewed by the subdivision review committee

prior to November 6, 1989, may be approved by the Planning Board in accordance
with the standards and regulations in effect prior to November 6, 1989.
(q)
In approving a preliminary plan, the Planning Board must not require

improvements that are contrary to the law or Executive Regulations governing
rustic roads. If the Planning Board is otherwise directed by this Section to require
improvements that are contrary to the rustic roads law or Executive Regulations,
the Planning Board must evaluate the feasibility of trip reduction and alternative
road improvements to the local roadway network. If the Planning Board
determines that no feasible alternative exists, it must require only those
12-23-14 DRAFT

C.

3.
B.
Where a site plan is required, the approval of the Preliminary Plan must
specify that no clearing or grading can occur before approval of the site
plan unless otherwise specified.
Review and Recommendation

2.
Approvals from Public Agencies. Before the Planning Board finally approves
a Preliminary Plan the following other agency approvals are needed:
d.
Water quality. If a water quality plan is required under Chapter 19,

the Planning Board must not approve a Preliminary Plan or any
extension until all requirements of Chapter 19 for plan approval
are satisfied. Compliance with a required water quality plan,
including any plan reviewed on a preliminary or final basis, must
be made a condition of any approved Preliminary Plan; and

E.
Public Improvements
1.
Roads
d.
Off-site Sidewalks and Bikeways. In approving a Preliminary Plan
or site plan, the Planning Board may, with the consent of the
Departments of Transportation and Permitting Services, require a
developer to provide a reasonable amount of off-site sidewalks,
bikeways or improvements. Off-site sidewalks, bikeways or
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EXISTING CHAPTER
12-23-14 DRAFT
improvements may be required to provide necessary connections

from the proposed development to an existing sidewalk or
bikeway, an existing or proposed bus or other public transit stop,
or a public facility that either exists or is recommended in the area
master plan, that the Planning Board finds will be used by
residents or users of the development, or for handicapped access.
The developer must not be required to obtain any right-of-way to
build or improve a sidewalk or bikeway.
improvements that do not change the significant features of the road identified by
the Council for preservation.
(r)
Water quality. If a water quality plan is required under Chapter 19, the Planning
Board must not approve a preliminary plan or any extension until all requirements
of Chapter 19 for plan approval are satisfied. Compliance with a required water
quality plan, including any plan reviewed on a preliminary or final basis, must be
made a condition of any approved preliminary plan. (Mont. Co. Code 1965,
104-24; Ord. No. 6-39; 1973 L.M.C., ch. 25, 8; Ord. No. 7-41, 1, 2; Ord. No.
8-46, 1; Ord. No. 8-73, 2; Ord. No. 8-92, 2; Ord. No. 10-12, 2; Ord. No. 1060, 3; Ord. No. 10-71, 1; Ord. No. 11-18, 2; Ord. No. 11-28, 3; Ord. No.
11-63, 3; Ord. No. 12-16, 1; Ord. No. 12-19, 5.; Ord. No. 12-31, 1; Ord.
No. 12-60, 2, 3; Ord. No. 12-83, 2; 1995 L.M.C., ch. 13, 1; Ord. No. 13-26,
1; Ord. No. 13-36, 1; Ord. No. 13-51, 2; Ord No. 13-113, 1; Ord No. 14-8,
1.)
e.
G.
Rustic Roads. In approving a Preliminary Plan, the Planning Board

must not require improvements that are contrary to the law or
Executive Regulations governing rustic roads. If the Planning
Board is otherwise directed by this Section to require
improvements that are contrary to the rustic roads law or
Executive Regulations, the Planning Board must evaluate the
feasibility of trip reduction and alternative road improvements to
the local roadway network. If the Planning Board determines that
no feasible alternative exists, it must, after considering the
recommendations of the Rustic Roads Advisory Committee,
require only those improvements that do not change the
significant features of the road identified by the Council for
preservation. The Planning Board may waive any requirement of
Subsections b.i and b.ii that is incompatible with the rustic road or
Environment
1.
Forest Conservation. If a forest conservation plan is required under
Chapter 22A, the Planning Board must not approve a Preliminary Plan or
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EXISTING CHAPTER
Sec. 50-35A. Minor Subdivisions-Approval Procedure.

(a)
Preliminary Plan Not Required. The submission of a preliminary subdivision plan,

in accordance with the provisions of Sec. 50-34 and Sec. 50-35, is not required for:
(1)
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any extension until all requirements of that law for plan approval are
satisfied. Compliance with a required forest conservation plan, including
any plan reviewed on a preliminary or final basis, must be made a
condition of any approved Preliminary Plan.
Division 50.7. Simplified Preliminary Plan NEW SECTION
Minor Lot Line Adjustment. The sale or exchange of part of a lot between
owners of adjacent lots for the purpose of small adjustments in boundaries;
provided:
A Simplified Preliminary Plan application may be filed instead of a Preliminary Plan before
submission of a plat in the instances below. The necessary requirements are reviewed
under Section 50.5.3.
a.
The total area of the adjustment does not exceed five percent of the
combined area of the lots affected by the adjustment;
A.
b.
No additional lots are created;
c.
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; and,
d.
The owner submits a sketch plan for review and approval by the
Planning Board staff. The sketch plan may be a copy of the
existing record plan and must contain the following information:
i.
proposed lot line adjustment as a dashed line;
ii.
any buildings, driveways, or other physical improvements

located within fifteen feet of the proposed adjusted lot
line;
Existing Places of Worship and Institutional Uses. A lot may be created if a

Simplified Preliminary Plan is approved by the Director for existing facilities such
as: places of worship, private schools, country clubs, private institutions, and
similar uses located on unplatted parcels, provided:
1.
The requirements for adequate public facilities, under Section 50.5.3.F, are
satisfied before approval of the plat;
2.
Any required road dedications are shown on the record plat;
3.
Forest conservation, stormwater management, and environmental

protection requirements, if applicable, are satisfied before approval of the
plat;
4.
If located in a special protection area, as shown on the approved and

adopted master plan, all applicable special area protection requirements
and guidelines, including the approval of a water quality plan, are satisfied
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EXISTING CHAPTER
iii.
any minimum building setback that would be altered by

the minor lot line adjustment; and
iv.
the amount of lot area affected by the minor lot line

adjustment.
The sketch plan must be approved, approved with revision or

denied, in writing, within ten business days after the plan is
submitted or the sketch plan is deemed approved, provided
requirements i through iii, above, are met. A final record plat must
be submitted to Planning Board staff within ninety days after
sketch plan approval or the sketch plan is no longer valid.
e.
(2)
Any minor lot line adjustment between properties that occurred

prior to May 19, 1997, remains as an exception to platting as
provided in Section 50-9(d).
Conversion of an Outlot into a Lot. An outlot may be converted into a lot

under the minor subdivision procedures provided:
a.
The outlot is not required open space or otherwise constrained so

as to prevent it being converted into a buildable lot;
b.
There is adequate sewerage and water service to the property,

which may be either public service and/or approved private septic
system/private well;
c.
All applicable requirements and/or agreements that may be

relevant, in accordance with provisions for adequate public
facilities, as contained in Section 50-35(k) and the Annual Growth
Policy, are satisfied prior to recordation of the plat;
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before approval of the plat;
B.
5.
A landscaping and lighting plan including the parking lot layout is

submitted for Planning Staff approval before approval of the plat; and
6.
If the property is the subject of an approved conditional use, all conditions

of the conditional use approval remain in full force and effect.
Subdivision for Creation of Certain Residential Lots Located in the Agricultural

Reserve (AR) Zone. Up to 5 lots for detached houses are permitted under these
procedures in the AR zone if a Simplified Preliminary Plan is submitted and
approved by either the Planning Board or Director, provided:
1.
Written approval for a proposed well and septic area must be received
from the Montgomery County Department of Permitting Services, Well
and Septic Section before approval of the plat;
2.
Any required road dedications along the frontage of the proposed lots
must be shown on the record plat;
3.
satisfied before approval of the plat, and the applicant must provide any
required public improvements;
4.
A covenant must be recorded for the balance of the property noting that
density and development rights have been used for the new lots.
Reference to this covenant must be noted on the record plat for the lots;
5.
Lots created in the AR zone through this procedure must not exceed an
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EXISTING CHAPTER
d.
e.
If the outlot is located within a special protection area, as shown

on an approved and adopted master plan, all applicable special
protection area requirements and guidelines, including the
approval of a water quality plan, are satisfied prior to recordation
of the plat.
An outlot may be incorporated into an adjoining lot resulting in a larger lot

without having to satisfy Subsections (a) and (b) above.
(3)
(4)
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average lot size of 5 acres in size unless approved by the Planning Board in
the review of a Simplified Preliminary Plan;
All applicable conditions and/or agreements applicable to the

original subdivision approval creating the outlot will also 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
Consolidation of Two or More Lots or a Part of a lot into One Lot.

Consolidating more than one lot into a single lot is permitted under the
minor subdivision procedure provided:
a.
Any conditions applicable to the original subdivision remain in full

force and effect and the number of trips generated on the new lot
do not exceed those permitted for the original lots or as limited by
an Adequate Public Facilities agreement.
b.
Any consolidation involving a part of a lot may occur under the

minor subdivision process if the part of a lot was created by deed
recorded prior to June 1, 1958.
Further Subdivision of a Commercial, Industrial, or Multi-Family

Residential Lot to Reflect a Change in Ownership, Deed, Mortgage
or Lease Line.
(A) A plat to:
C.
6.
Forest conservation and environmental protection requirements must be

satisfied before approval of the plat; and
7.
If correspondence is received, the Director must decide whether any

comment is substantive enough to require that the plan be acted on by
the Planning Board at a public hearing.
Subdivision for Creation of Certain Residential Lots Located in the RE-2 and Rural
Residential Zones. Up to 3 lots for detached houses are permitted in the RE-2, R,
RC and RNC zones if a Simplified Preliminary Plan is submitted and approved by
the Director, provided:
1.
Lots may only be approved for standard method development;
2.
Written approval for any proposed well and septic area must be received
from the Montgomery County Department of Permitting Services, Well
and Septic Section before approval of the plat;
3.
Any required road dedications along the frontage of the proposed lots
must be shown on the plat;
4.
satisfied before approval of the plat, and the applicant must provide any
required public improvements;
5.
Forest conservation and environmental protection requirements must be

104

EXISTING CHAPTER
create or delete internal lots to reflect a deed, mortgage, or

lease line within a commercial, industrial, or multi-family
residential lot; or
create ownership lots within a previously recorded lot
May, at the owners discretion, be recorded under the minor
subdivision procedure if:
(i) all conditions of approval for the original subdivision that
created the lot remain in effect;
(ii) the total maximum number of trips generated on all new lots or
ownership lots created will not exceed the number of trips
approved for the lot in the original subdivision;
(iii) all land in the lot in the original subdivision is included in the
record plat; and
(iv) 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 record plat or ownership plat.
(B) For an ownership lot, the lot in the original subdivision is
considered a single lot of record. Any ownership lot created under this
subsection is only for the convenience of the owner; an ownership lot
is not:
(i) used to determine building setbacks or to establish conformance
with any other law or regulation;
(ii) a bar to receiving a building permit or other approval necessary
to develop or use any of the ownership lots and structures on such
lots;
(iii) a change to any condition of approval for the subdivision that
created the lot in the original subdivision.
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satisfied before approval of the plat; and

6.
If correspondence is received, the Director must decide whether any

comment is substantive enough to require that the plan be acted on by
the Planning Board at a public hearing.
Section 50.7.2. Filing Requirements

A.
Filing. The Applicant must file the Simplified Preliminary Plan and applicable
supporting information, together with an application form and fee to satisfy
Subsection 50.5.1.A.
B.
Application Processing.
C.
1.
The Simplified Preliminary Plan is deemed filed when the application has
been accepted as complete for review by the staff of the Planning Board.
The staff has the authority to reject the application within 5 days of its
receipt if staff finds that it does not contain the required information. The
rejection must be in writing and specify the deficiencies.
2.
The applicant must resubmit a revised application within 10 days from the
date of the written rejection, or the application will be automatically
withdrawn.
3.
Public notice is required under the Manual of Development Review

Procedures.
The drawing. A Simplified Preliminary Plan must contain sufficient information

relevant to the aspects of the submission. The plan must include the generalized
105

EXISTING CHAPTER
(5)
Plat of Correction. A plat may be recorded under the minor subdivision

procedure to correct inaccurate or incomplete information shown on a
previously recorded subdivision plat. The plat may correct drafting or
dimensional errors on the drawing; failure to include a required note,
dedication, easement or other restriction; incorrect or omitted signatures;
and/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 clearly identify the
original plat that is being replaced and contain a note identifying the nature
of the correction.
12-23-14 DRAFT
layout of the subdivision and any other features or information needed to support
submission of a plat.
Section 50.7.3. Approval Procedures
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 agency's comments concerning the plan.
B.
Action on a Simplified Preliminary Plan. After receiving the recommendations of

the Development Review Committee and other reviewing agencies, the Director
will act in writing on the Simplified Preliminary Plan; or when applicable in Sections
50.7.1.B and 50.7.1.C or at the Directors discretion, schedule Planning Board
action on its next available agenda. If approved, the plan will remain valid as
provided under 50.5.2.F, by which time a plat for the subdivision must be
recorded.
(6)
Plats for Certain Residentially Zoned Parcels Created by Deed Before June
1, 1958. Although a single residential parcel may qualify for an exception
to platting under Section 50-9(f), if the parcel is developable for only one
single-family detached dwelling unit, then an owner may submit a plat to
record such a parcel under the minor subdivision procedure.
(7)
Plats for Existing Places of Worship, Private Schools, Country Clubs,

Private Institutions and Similar Uses Located on Unplatted Parcels. A plat
may be recorded under the minor subdivision procedure provided:
Division 50.8. Minor Subdivision
a.
The requirements for adequate public facilities, under Sec. 5035(k), are satisfied prior to plat recordation;
b.
Any required street dedications are shown on the record plat;
The submission of a Preliminary Plan, under Section 50.5.1 and Section 50.5.2, is not
required for:
c.
Forest conservation and stormwater management requirements, if

applicable, are satisfied prior to recording the plat;
A.
d.
If located in a special protection area, as shown on the approved

and adopted master plan, all applicable special area protection
requirements and guidelines, including the approval of a water
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 does not exceed 5 percent of the
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EXISTING CHAPTER
12-23-14 DRAFT
combined area of the lots affected by the adjustment;
quality plan, are satisfied prior to recordation of the plat; and
(8)
e.
A landscaping and lighting plan including the parking lot layout is

submitted for staff approval prior to recording the plat.
f.
If the property is the subject of an approved special exception, all

conditions of the special exception approval remain in full force
and effect.
Plats for Certain Residential Lots located in the Rural Density Transfer
Zone. Up to 5 lots are permitted under the minor subdivision procedure in
the RDT zone if a pre-preliminary plan is submitted and approved by
either the Planning Board or Planning Board staff, under the procedures for
submission and approval of a pre-preliminary plan of subdivision. In
addition:
(A)
(B)
2.
No additional lots are 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
Planning Director. The drawing may be a copy of the existing record plat
and must contain the following information:
Written approval for a proposed septic area must be received from

the Montgomery County Department of Permitting Services, Well
and Septic Section before recording the plat;
Any required street dedications along the frontage of the proposed
lots, must be shown on the record plat;
(C)
An easement must be recorded for the balance of the property

noting that density and TDRs have been used for the new lots.
Reference to this easement must be noted on the record plat for the
lots;
(D)
Lots created in the RDT zone through the minor subdivision

procedure must not exceed an average lot size of 5 acres in size
unless approved by the Planning Board in the review of a prepreliminary plan of subdivision; and
a.
proposed lot line adjustment as a dashed line;
b.
any buildings, driveways, or other physical 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 must be approved, approved with revision, or denied, in

writing, within 10 business days after the drawing is submitted or it is
deemed approved, if requirements i through iii, above, are met. A
complete record plat application must be submitted to Planning Director
within 90 days after approval or the approval is no longer valid; and
6.
Any minor lot line adjustment between properties that occurred before
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EXISTING CHAPTER
(E)
(9)
(B)
(10)
Forest conservation requirements must be satisfied before

recording the plat.
Parcels that satisfy Section 59-B-8.1 of Chapter 59 may be platted under

the minor subdivision procedure if:
(A)
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May 19, 1997, remains as an exception to platting under Subsection

50.3.2.A.4.
B.
Any required street dedications along the frontage of the proposed

lots is shown on the record plat.
There is adequate sewerage and water service to the property,
which may be either public service or approved private septic
system/private well.
Combining a lot and adjoining property. Except in agricultural

zones, the Planning Board may approve plats under the minor
subdivision process to consolidate an existing platted lot, or part of a
lot that contains a legally constructed one-family dwelling unit and a
partition of land created as a result of a deed, if:
(A)
in a one-family residential zone, the partition 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 full

force and effect on the new lot;
(C)
any required street dedication is provided; and
(D)
the subject lot was not identified as an outlot on a plat.
C.
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 otherwise constrained in a

manner that prevents it being converted into a buildable lot;
2.
There is adequate sewerage and water service to the property, which may
be either public service and/or approved private septic system/private
well;
3.
All applicable requirements and/or agreements under the Adequate Public

Facilities Ordinance in Subsection 50.5.3.F and the Subdivision Staging
Policy are satisfied before recording the plat;
4.
All applicable conditions or agreements applicable to the original

subdivision approval creating the outlot will also 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, as shown on an

approved and adopted master plan, all applicable special protection area
requirements and guidelines, including the approval of a water quality
plan, are satisfied before recording the plat.
Consolidation. Consolidating 2 or more lots into a single lot or consolidating lots

and an outlot into a single lot, if any conditions applicable to the original
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EXISTING CHAPTER
(11)
Creation of a Lot from a Part of a Lot. A part of a previously

recorded lot that was created as a result of a deed transfer of land
from the lot, and which contains a legally constructed one-family
residential dwelling, may be converted into a lot under the minor
subdivision procedures if:
(A)
(B)
(b)
the part of lot is located in a one-family residential zone; and

all applicable conditions or agreements applicable to the
subdivision approval creating the original lot will also 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.
D.
Subdivision to Reflect Ownership. Further subdivision of a lot intended for a

commercial, industrial, or multi-unit residential use to reflect a change in
ownership, deed, mortgage or lease line may be processed as follows:
1.
Procedure for Platting a Minor Subdivision. The owner of property that satisfies
the requirements for a minor subdivision under Section 50-35A(a), above, may
submit an application for record plat for approval under Section 50-36 and Section
50-37. In the case of minor subdivisions described in Sections 50-35A, (1), (3) and
(4), if no additional development is proposed, then no additional public
improvements may be required by the reviewing agencies beyond those required
for the original subdivision.
(c)
Minor subdivision approvals are not subject to the resubdivision criteria of Section
50-29(b)(2).
(d)
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.
(e)
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subdivision remain in full force and effect and the number of trips generated on
the new lot do not exceed those permitted for the original lots.
2.
A plat to create or delete internal lots to reflect a deed, mortgage, or lease

line within a lot intended for commercial, industrial, or multi-unit
residential uses; or create ownership lots within a previously recorded lot,
if:
a.
all conditions of approval for the original subdivision that created

the lot remain in effect;
b.
the total maximum number of trips generated on all new lots or

ownership lots created will not exceed the number of trips
approved for the lot in the original subdivision;
c.
all land in the original subdivision lot is included in the plat; and
d.
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.
For ownership lots, the lot in the original subdivision is considered a single
lot of record. Any ownership lot created under this Subsection is only for
Lots created under the minor subdivision provisions of sections (1) and (11) may
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EXISTING CHAPTER
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the convenience of the owner; an ownership lot is not:
not be used to establish a precedent for a resubdivision that may be filed for other
properties located in the same block, subdivision, or neighborhood. (Ord. No. 1357, 4; Ord. No. 16-54.)
3.
E.
a.
used to determine building setbacks or to establish conformance

with any other law or regulation;
b.
a bar to receiving a building permit or other approval necessary to

develop or use any of the ownership lots and structures on such
lots; and
c.
a change to any condition of approval for the subdivision that

created the lot in the original subdivision.
Ownership lots may not be used to create the outside boundaries of a

private road right-of-way parcel.
Plat of Correction. A plat of correction may be used for the following:

1.
A plat to correct inaccurate or incomplete information shown on a

previously recorded subdivision 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 that
is being replaced and contain a note identifying the nature of the
correction;
2.
A plat to revise easements to reflect a Planning Board action; and
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EXISTING CHAPTER
3.
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In order 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.
F.
Pre-1958 Parcels. An unplatted parcel created by deed before June 1, 1958, if the
parcel is developable for only one detached house.
G.
Combining a Lot and Adjoining Property. Except in the AR zone, an existing platted
lot, or part of a lot that contains a legally constructed detached house, and a piece
of land created as a result of a deed may be consolidated, provided:
H.
1.
in a Residential Detached zone, the partition of land created by deed

cannot itself be platted under the area and dimensional standards of the
zone;
2.
any conditions applicable to the existing lot remain in full force and effect
on the new lot;
3.
any required road dedication is provided; and
4.
the subject lot was not identified as an outlot on a plat.
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:
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EXISTING CHAPTER
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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 will 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.
Section 50.8.2. Procedure for Platting Minor Subdivisions

The owner of a property that satisfies the requirements for a minor subdivision under
Section 50.8.1 may submit an application for record plat for approval under Section 50.9.2
and Section 50.9.3.
A.
Additional considerations
1.
In the case of minor subdivisions no additional public improvements

beyond those required for the original subdivision are required until an
application for a building permit is submitted.
2.
Minor subdivision approvals are not subject to the resubdivision criteria of

Section 50.5.3.C.2.
3.
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.
4.
Lots created under the minor subdivision provisions of Sections 50.8.1.A

and 50.8.1.H may not be used to establish a precedent for a resubdivision
112

EXISTING CHAPTER
Sec. 50-35B. Applicability of future adequate public facilities requirements temporary

provision.
(a)
Except as provided in subsections (c) and (d), the Planning Boards approval or
amendment of any preliminary subdivision plan for which an application was filed
after January 1, 2007, must be subject to any County Growth Policy or other
adequate public facilities requirement adopted after the plan was approved if that
Policy or requirement expressly applies to previously-approved plans. In
considering any preliminary subdivision plan for which an application was filed
before January 1, 2007, the Board must apply the County Growth Policy and other
adequate public facilities requirements in effect when the application was filed.
(b)
The Board must reopen any preliminary subdivision plan approved between
January 1 and November 15, 2007, for which an application was filed after January
1, 2007, as necessary to assure that all development permitted under the plan
complies with all applicable Growth Policy and other adequate public facilities
requirements.
(c)
Notwithstanding subsection (b), the Board may approve a preliminary subdivision

plan without reserving the option to reopen the plan for compliance with later
Growth Policy or adequate public facilities requirements if the proposed
subdivision:
(1)
is located entirely in a Metro Station Policy Area, as defined in the County

growth policy, or an enterprise zone;
(2)
would add 5 or fewer peak hour trips, as defined under the County growth
policy, for intersections serving that subdivision and is not located in the
Poolesville or Goshen Policy Areas; or
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that may be filed for other properties located in the same block,
subdivision, or neighborhood.
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EXISTING CHAPTER
(3)
(d)
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is necessary to facilitate timely construction of a significant state or County

public facility.
Notwithstanding subsection (b), the Board may amend a preliminary subdivision

plan that the Board approved before January 1, 2007, without reserving the option
to reopen the plan for compliance with later Growth Policy or adequate public
facilities requirements, if:
(1)
the amendment would not add more than 5 peak hour trips to the number
previously approved for intersections serving that subdivision; and the
subdivision is not located in the Poolesville or Goshen Policy Areas;
(2)
the amendment applies only to the Clarksburg Town Center and results
from a mediated settlement agreement that the Board previously approved;
or
(3)
the amendment is necessary to complete a development in the Life

Sciences Center Zone and is required by a previously approved site plan
for that development. (Ord. No. 16-01, 1; Ord. No. 16-07, 1.)
Sec. 50-36. Record plats-Specifications and supporting data.
(a)
Part of approved preliminary plan. A Subdivision Record Plat may include only a
portion of the approved preliminary plan provided that the portion covered is in
substantial compliance with the approved staging schedule; and provided, that the
public improvements to be constructed in the area covered by the Subdivision
Record Plat are sufficient by and of themselves to accomplish a proper
development and to provide adequately for the health, safety and convenience of
the present and future residents therein and for adequate access to contiguous area,
school and other public sites. Any portional Subdivision Record Plat filed must
include dedication to the intersection of all roads abutting corner lots.

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 include,
or show existing dedication to, the intersection of all roads abutting corner lots.
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EXISTING CHAPTER
(b)
(c)
Specifications. The Subdivision Record Plat must be clearly and legibly drawn in
black ink upon mylar. The size of the sheets must be eighteen (18) inches by
twenty-four (24) inches, including a margin of one-half inch outside ruled border
lines. The Subdivision Record Plat accompanying the application for approval
must contain the following graphic and descriptive items. The lack of information
under any item specified or improper information supplied by the applicant may be
cited by the board as cause for disapproval of a Subdivision Record Plat. The
Board may promulgate guidelines for the preparation of a Record Plat.
Application. Written application by the owner or the owners agent for approval,
on forms furnished by the Board, must accompany each Subdivision Record Plat
and contain the following information:
(1)
Name of subdivision (subject to approval by the Board) and description of

blocks and lots included on the Subdivision Record Plat.
(2)
Location of subdivision by County, election district, town, special taxing

area, place or locality name as applicable.
(3)
Current name, date of approval and file number of the preliminary plan,
and in the case of lots where individual water supply systems and/or
individual sewage disposal systems are to be installed, the name of the
preliminary plan shown on the original preliminary plan application, and,
as applicable, the dates of approval and file numbers of the site plan and
project plan upon which the Subdivision Record Plat is based.
(4)
Zoning classification of property, and if developed under the TDR option,

the density limit as established by the applicable master plan and the
selected development standards option, including the number of
development rights transferred, and the serial numbers of the development
rights transferred.
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All boundaries, road lines and lot lines, plus any other pertinent lines must be shown
together with sufficient data, accurately calculated, to locate each line and property corner
and to locate them upon the ground, as required by the Planning Board.
A.
Application and fee

1.
The subdivider or an agent must file the subdivision plat drawing with the
Planning Board, together with the application form, supporting
information, and the required plat fee.
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EXISTING CHAPTER
(5)
12-23-14 DRAFT
Total number of lots, outlots or parcels included on the Subdivision Record

Plat, including the number and type of buildings as allowed under the
B.
adequate public facilities ordinance agreement.
(6)
Total area shown on the Subdivision Record Plat, including streets and
total area dedicated to public use.
(7)
References to existing, or identification of proposed covenants (including

well and septic consent agreements), easements, rights-of-way and
restrictions required as the result of preliminary plan, project plan or site
plan approval.
(8)
Name and address, including telephone, of owner, contract purchaser, and

licensed land surveyor who prepared the Subdivision Record Plat.
(9)
Copy of approved, preliminary or final forest conservation plan, as

appropriate, or exemption letter.
(10)
A list of all documents that must be approved and fully executed before the
Subdivision Record Plat is recorded, as enumerated in the preliminary plan
approval, and, as applicable, as enumerated in the project plan approval
and the site plan approval.
1.
The plat drawing submitted with the application must be an 18-inch by 24inch sheet, including a margin of one-half inch outside ruled border lines.
After staff review, the plat must be legibly printed in black ink upon mylar
or Director approved equivalent and submitted for Planning Board action
and signature.
2.
The Plat accompanying the application for approval must contain the
graphic and descriptive items described in Section 50.9.1.C. The lack of
information under any item specified or improper information supplied by
the applicant may be cited by the Planning Board as cause for disapproval
of a Plat.
3.
The Planning Board may promulgate guidelines for the preparation of a

Record Plat.
(11)
(d)
Such other information either enumerated in the opinion or opinions of the

Board as a condition of approval of the preliminary plan, project plan
and/or site plan or listed in the then current Subdivision Record Plat
application form approved by the Board.
Drawing. The Subdivision Record Plat must be accurately drawn to a scale
approved by the Planning Board. The Mylar drawing should not be submitted until
paper prints of the subdivision record plat, submitted with the application, have
been reviewed by the appropriate Departments and agencies and have been
returned to the licensed land surveyor. The subdivision record plat drawing must
Specifications
C.
Plat Drawing. The Plat must be accurately drawn to a scale approved by the
Planning Board, and must include the following items:
116

EXISTING CHAPTER
include the following items:
(1)
Title Block. The title block must appear in the lower right-hand corner of
the sheet, and must include the following information:
a.
The words Subdivision Record Plat.
b.
Approved name of the subdivision and the section thereof,

including blocks, lots, parcels and outlots.
c.
(2)
1.
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, including a bar scale, and date of completion.
e.
Name of firm of licensed land surveyor who prepared the

Subdivision Record Plat.
f.
A description of the general purpose of the Subdivision Record

Plat, including without limitation, original subdivision record plat,
plat of correction, or resubdivision plat.
Subdivision Record Plat. All boundaries, street lines and lot lines, plus any
other pertinent lines must be shown together with sufficient data,
accurately calculated, to locate each line and property corner and to
reproduce same upon the ground, as required by the Board. The
Subdivision Record Plat must show the following items, as applicable in
each case:
a.
All property boundary lines necessary to identify the subdivision

with the conveyance or part thereof by which the maker of the
Subdivision Record Plat acquired the property. Where the
2.
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Title Block. The title block must appear in the lower right-hand corner of
the sheet, and must include the following information:
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 licensed 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 plat.
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 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
117

EXISTING CHAPTER
b.
c.
subdivision is a part of such conveyance, the boundaries shown

should include the last complete line touched on by the subdivision
or an indicated dimension thereof. Where a subdivision includes
all or parts of two (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 parcel.
Exact locations, widths and names of all streets within the
subdivision and widths of alleys and crosswalks.
Existing and Proposed Encumbrances.
(1)
(2)
(3)
d.
Existing. All recorded easements established or rights of

way provided for public services, conservation purposes,
or utilities in the subdivision, and any limitations of such
easements, plus recordation reference.
12-23-14 DRAFT
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.
Exact locations, widths and names of all road rights-of-way or

parcels located in the subdivision;
c.
Locations and widths of alley and mid-block pedestrian rights-ofway or parcels;
d.
Existing and Proposed Encumbrances

i.
Proposed. All easements or rights-of-way to be

established by the Subdivision Record Plat and, as to each
such encumbrance, the general purpose, the grantee and
sufficient dimensions to identify the location.
Existing. Limits of all recorded easements established or

rights-of-way provided for public services, conservation
purposes, or utilities in the subdivision, and recordation
reference.
ii.
Environmental. The most restrictive conservation

easement must be shown and described, and all other
conservation easements must be shown, including, without
limitation, 100-year floodplain, 100-year floodplain
building restriction line and forest conservation easement.
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. The most restrictive conservation

easement must be shown and described, in addition to
any 100-year floodplain and 100-year floodplain building
restriction line;
Accurate outlines of any areas to be reserved for common use by

residents of the subdivision or for general public use, with the
purposes indicated thereon.
e.
Accurate outlines of any areas to be reserved for common use by

118

EXISTING CHAPTER
e.
f.
Accurate 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.
12-23-14 DRAFT
f.
For Subdivision Record Plats filed six (6) months after (effective
date of subdivision regulation amendment) [ June 29, 1998], all
bearings 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, with the following exceptions, which will continue to be
exceptions six (6) months after (effective date of subdivision
regulation amendment) [June 29, 1998]:
(1)
(2)
(3)
residents of the subdivision or for general public use, with the

purposes indicated;
Accurate 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.
Subdivision Record Plat of resubdivision requiring no

Preliminary Plan approval and Subdivision Record Plats of
correction may be referenced to the Plat Meridian,
meaning that used on the original Subdivision Record Plat;
and
Subdivision Record Plats of subdivisions, involving no
more than 2 lots, may be referenced to the Deed
Meridian if there are no Maryland Coordinate System
control points within one mile of the subdivision and/or
the monumentation control is not available or practicable
as determined by the Director, or its Designee.
Notwithstanding the above, where a preliminary plan
application is filed before the expiration of six (6) months
after (effective date of subdivision regulation amendment)
[June 29, 1998], and the Subdivision Record Plat
application for such preliminary plan is filed before the
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
Planning Board, except that:
(a)
ii.
g.
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.
In all cases, the meridian used must be noted alongside

the north arrow, which is required to be shown on each
plat;
Coordinate values for at least 4 corners of the plan of subdivision

shown on the plat must be shown unless the survey is referenced
to a Record Plat Meridian. In addition, the identification names or
numbers and coordinate values for the control stations used must
119

EXISTING CHAPTER
expiration of six (6) months after (effective date of

subdivision regulation amendment) [June 29, 1998], the
applicant may have the bearings for the Subdivision
Record Plat tied to either the Washington Suburban
Sanitary Commission or the Maryland Coordinate System.
Except for the three exceptions provided above in subparagraphs
(1), (2) and (3), if a Subdivision Record Plat application is filed
more than six (6) months after (effective date of subdivision
regulation amendment) [June 29, 1998], the Subdivision Record
Plat must have the bearings tied to the Maryland Coordinate
System. In all cases, the meridian used must be noted alongside
the north arrow, which is required to be shown on each
12-23-14 DRAFT
h.
be shown on the plat. Coordinate values and distance dimensions

on plats must be expressed in feet based on the U.S. Survey foot;
The location and nature of existing property corner markers found
that coincide with property corners referenced on the plat must
be designated;
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;
Coordinate values for at least four corners of the plan of

subdivision shown on the Subdivision Record Plat must be shown
unless the survey is referenced to a Subdivision Record Plat or
deed meridian. In addition, the identification names or numbers
and coordinate values for the control stations used must be shown
on the Subdivision Record Plat. Coordinate values and distance
dimensions on Subdivision Record Plats must be expressed either
in meters or in feet based on the U.S. Survey foot.
j.
Area in square feet of each lot, outlot, parcel, land dedicated to

public use, or other unit shown on the plat;
k.
Building setback lines, shown graphically with dimensions, where

they exceed the required minimum specified in Chapter 59, and
any other building restriction or limit of disturbance lines which
may apply;
h.
The location and nature of existing property corner markers found

that coincide with property corners referenced on the Subdivision
Record Plat must be designated.
l.
Accurate bearings and lengths of tie connections between all

blocks and the plat boundary;
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
m.
Names and locations of adjoining subdivisions with lot and block

numbers of immediately adjoining lots, together with plat
references;
g.
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EXISTING CHAPTER
following the highest lot number in the block and the original lot
lines shown dashed and original lot numbers shown dotted.
j.
Area of each lot, outlot, parcel or other unit shown on the

k.
Front building lines, shown graphically with dimensions, where

they exceed the required minimum specified in Chapter 59, and
any other building restriction or land disturbance limit lines which
may apply.
l.
Accurate bearings and lengths of tie connections between all

blocks and the plat boundary.
m.
n.
o.
p.
Names and locations of adjoining subdivisions with lot and block

numbers immediately adjoining, together with plat references.
Location and apparent ownership of adjoining unsubdivided
property with land record reference or County Register of Wills
reference.
12-23-14 DRAFT
n.
Location and apparent ownership of adjoining unsubdivided

property with land record reference or County Register of Wills
reference;
o.
Vicinity map showing location of subdivision. In addition, 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
and/or individual sewerage disposal systems;
r.
For lots developed using transferable development rights, a

statement setting forth the number of development rights
transferred, and the following information:
Vicinity map showing location of subdivision. In addition, in the

case of a large subdivision requiring multiple Subdivision Record
Plats, a key map must be included which must show the location of
the Subdivision Record Plat relative to the entire subdivision.
i.
the number of development rights transferred, and the

serial numbers of the development rights transferred;
On all lots where individual water supply systems and/or

individual sewerage disposal systems are to be installed:
ii.
liber and folio reference to the TDR easement; and
(1)
the outline identifying the restricted areas reserved for the

well location and two (2) alternate well locations;
iii.
a notation of the recordation reference of a conveyance

required by Section 59-4.9.15, as amended;
(2)
the outline of the approved sewage disposal area;
s.
File number of the Preliminary Plan, and, as applicable, the file

121

EXISTING CHAPTER
(3)
the outline of the associated septic building restriction

line;
(4)
the name of the preliminary plan as shown on the original

preliminary plan application, if different from the current
name of the preliminary plan; and
(5)
q.
A notation providing as follows:

The well(s) and septic area shown are as depicted on the
preliminary plan approved by the Department of
Permitting Services.
A statement setting forth the number of development rights

transferred, and the following information:
(1)
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numbers of the site plan and project plan upon which the plat is
based;
The zoning classification of property, and if developed

under the TDR option, stating the density limit as
established by the applicable master plan and identifying
the selected development standards option, including the
number of development rights transferred, and the serial
numbers of the development rights transferred.
(2)
The total number of lots, outlots or parcels included on the

Subdivision Record Plat including the number and type of
buildings as allowed in the adequate public facilities
ordinance agreement.
(3)
If developed under the TDR option, a notation of the

recordation reference of a conveyance required by Section
59-C-1.39, as amended.
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, regulation or Planning Board guideline.
3.
Surveyor Certificate. Certificate by the licensed land surveyor in a form

acceptable to the Planning 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 approved by the Planning Board, adopting the plat, establishing
slope or conservation easements, building restriction lines, or limit of
disturbance lines that are required to be drawn or noted on the plat per
the conditions of approval of the Preliminary Plan, and dedicating to public
use roads, streets, alleys, walks, utility and storm drainage rights of way,
parks, and other areas approved for dedication to public use by the
Planning Board. The owner must certify that a licensed land surveyor will
be engaged to set all property corner markers under Subsection 50.5.3.E.3.
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EXISTING CHAPTER
r.
File number of the preliminary plan, and, as applicable, the file

numbers of the site plan and project plan upon which the
Subdivision Record Plat is based.
s.
Tax map reference.
t.
Any other element for inclusion on the Subdivision Record Plat

must be authorized by law, regulation or Planning Board guideline.
(3)
Surveyor or Engineer Certificate. Certificate by the licensed land surveyor

in a form acceptable to the Board, certifying to the accuracy of the
Subdivision Record Plat and to areas included on the Subdivision Record
Plat and dedicated to public use. The certificate must also include
conveyance information with recording references of the lands contained
in the Subdivision Record Plat.
(4)
Owner's Certificate. Certificate by the owner and all parties of interest, in a

form approved by the Board, adopting the Subdivision Record Plat,
establishing slope or conservation easements and building restriction lines
or land disturbance limit lines that are required to be drawn or noted on the
Subdivision Record Plat pursuant to the enumerated conditions of approval
of the preliminary plan, project plan or site plan, and dedicating to public
use roads, streets, alleys, walks, utility and storm drainage rights-of-way,
parks and other areas approved for dedication to public use by the Board.
The owner must certify that a licensed land surveyor will be engaged to set
all property corner markers in accordance with Section 50-24(e) of the
Code.
(5)
Title information notice. A statement indicating the following:

This Subdivision Record Plat is not intended to show every matter
affecting the ownership and use, nor every matter restricting the ownership
and use, of the property. The Subdivision Record Plat is not intended to
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5.
Title information notice. A statement indicating that the Subdivision

Record Plat is not intended to show every matter affecting or restricting
the ownership and use of the property, and is not intended to replace an
examination of title or to depict or note all matters affecting title.
6.
Approval Box. An approval box in a form required by the Planning Board

must be provided. The box must provide approval space for the County
Planning Board and the County Department of Permitting Services.
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EXISTING CHAPTER
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replace an examination of title or to depict or note all matters affecting

title.
(6)
(e)
Approval Box. An approval box in a form required by the Board must be

provided. The box must provide approval space for the then authorized and
applicable County agencies, such as the County Planning Board, and the
County Department of Permitting Services.
Road and street profile plans.
(1)
(2)
County Roads. Complete road and crosswalk profile plans in a manner

E.
acceptable to the applicable County agency, such as the County
Department of Permitting Services, must accompany each Subdivision
Record Plat submitted to the Board, except in cases where the grades of the
roads or streets have already been established.
Other Supporting Data.

1.
Road grade and profile plans.

a.
County Roads. Complete road and mid-block pedestrian path

profile plans acceptable to the applicable County agency must
accompany each plat submitted to the Planning Board, except in
cases where the grades of the roads have already been
established.
Other Roads and Streets. For roads and streets within the jurisdiction of
other municipalities, complete road and street profile plans in form
required by the Board must be submitted to the Board for approval. Road
and street grades must be determined by the Board.
(f)
Storm drainage construction plan. Before the Board approves a Subdivision

Record Plat, the subdivider must furnish a storm drainage concept plan approved
by the County Department of Permitting Services or other appropriate County
agency.
b.
Private Roads. For private roads, complete road profile plans, in a

form required by the Planning Board, must be submitted to the
Planning Board for approval. Road grades must be determined by
the Planning Board.
(g)
Other supporting data. Copies of any covenants, restrictions, or joint-use and

maintenance agreements which the subdivider or developer may wish to record
with its subdivision or which are in effect must be submitted to the Board with the
application for approval of the Subdivision Record Plat, together with any other
supporting plans or documents required pursuant to this Chapter, Chapter 22A, and
other applicable laws or regulations.
c.
State and Municipal Roads. For state and municipal roads,

complete road profile plans, approved by the applicable state or
municipal agency, must be submitted to the Planning Board.
2.
Storm drainage plan. Before the Planning Board approves a plat, the
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EXISTING CHAPTER
(h)
(i)
Preliminary plans using TDR's. Preliminary plans using TDR's will be approved
with the condition that ownership of the TDR's be shown at the time of Subdivision
Record Plat recordation. For areas which have been designated in sewer category
3 by virtue of an approved preliminary plan that utilizes TDR's, a new Subdivision
Record Plat not utilizing the requisite number of TDR's may not be approved until
the sewer category has been reconfirmed by the County Council.
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subdivider must furnish a storm drainage concept plan approved by the

appropriate County agency.
3.
Submission of digital plat data. A computer disc containing digital plat data in a
format approved by the Director, must be submitted with the Mylar drawing of the
subdivision record plat to enable efficient entry of property line data into the
County Geographic Information System (GIS). (Mont. Co. Code 1965, 104-25;
1973 L.M.C., ch. 25, 8; Ord. No. 8-73, 3; Ord. No. 8-91, 2; Ord. No. 9-23,
1; Ord. No. 13-36, 1; Ord. No. 13-91, 5; Ord No. 13-113, 1; Ord. No. 14-37,
1; Ord. No. 14-50, 1.)
4.
Documents and plans.

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 submitted to the Planning Board
with the application for approval of the plat, together with any
other supporting plans or documents required under this Chapter,
Chapter 22A, and other applicable laws or regulations.
c.
Copy of approved, preliminary or final forest conservation plan, as

appropriate, or exemption letter.
d.
Such other information either enumerated in the applicable

resolutions of the Planning Board as a condition of approval of the
Preliminary Plan, project plan or site plan or listed in the plat
application form.
Preliminary plans using TDRs. For areas which have been designated in
sewer category 3 by virtue of an approved Preliminary Plan that utilizes
TDRs, a new plat not using the requisite number of TDRs may not be
approved until the sewer category has been reconfirmed by the County
Council.
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EXISTING CHAPTER
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5.
Submission of digital plat data. Digital plat data in a format approved by

the Director must be submitted for updating the GIS property layer.
6.
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 use of areas that are
declared to be open space for common use, which may limit public
access. Development, construction, or other rights in the open
space areas must be limited to the indicated recreational or scenic
uses only. 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 may not exceed 115 percent of the allowed density of the
area included on the plat.
c.
Plats must contain a statement stating that, the land lies within
an approved cluster development, and subdivision or resubdivision
is not permitted after the property is platted.
d.
Sec. 50-37. Record plats-Procedure for approval and recording.

(a)
Filing of plat with application and plat fee.

(1)
The subdivider or his agent shall file the subdivision final (record) plat and
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.
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EXISTING CHAPTER
12-23-14 DRAFT
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.
all required supporting data, as specified herein, with the Board, together
with application for its approval, and at the same time shall pay the
required plat fee as established from time to time by resolution of the
Board. Such fee shall not be more than the reasonable cost of processing
and administration.
(b)
(2)
The plat shall be deemed filed with the Board when it is filed with the staff
of the Board; provided, that the staff shall have the authority to reject the
plat within five (5) days of its receipt if it finds that it does not conform to
the approved preliminary plan, except for minor modifications, or with this
Chapter and the specifications and procedures adopted pursuant thereto,
and further provided that his rejection is in writing and specifies the
respects in which the plat is deficient.
(3)
The applicant may resubmit such a rejected plat at any time after ten (10)
days have elapsed from the date of the original submission, and any plat so
resubmitted shall be considered by the Board without further rejection by
the staff; provided, that the board may waive the ten-day period before
resubmission of a plat whenever, in its opinion, such waiver is justified or
if the plat in question has been revised to eliminate the cause of its
rejection.
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
Plat to comply with approved preliminary plan and site plan where required.
(1)
A.
With the exception of a minor subdivision, as defined in this Chapter, no

final (record) plat of a subdivision shall be approved unless it complies
with the preliminary plan as approved by the Board; except, that the board
may allow for minor modifications in the plan which, in its opinion, do not
alter the intent of its previous approval.
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
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EXISTING CHAPTER
(2)
(3)
(c)
In those situations where a site plan is required, the Board may refuse to
approve a final (record) plat until a site plan is approved as set forth in
Division 59-D-3 of the zoning ordinance.
Area of the City of Takoma Park annexed into Montgomery County on
July 1, 1997.
a.
After March 30, 1997, any person may apply for preliminary plan
approval for property within the Annexation Area as if the
property were already within Montgomery County. The Board
must accept, review and process any such application as if the
property were already within Montgomery County; however, final
approval of the application must not occur before July 1, 1997.
b.
For property within the area annexed to Montgomery County on

July 1, 1997, the Board may approve a final (record) plat based
upon a preliminary approval made under the development
standards of Prince Georges County if the Board finds that the
earlier Prince Georges approval fulfills substantially the same
purpose as and offers substantially the same protection as its
Montgomery County counterpart.
Board to act within thirty days. The Board shall approve or disapprove a final
(record) plat within thirty (30) days after submission thereof or after resubmission;
otherwise, such plat shall be deemed approved and on demand a certificate to that
effect and the original record plat signed in form for recording shall be issued by
the Board; provided, that the applicant may waive this requirement and consent to
an extension of such period. If the plat is disapproved, the reasons therefor shall be
stated in the minutes of the board and shall be promptly submitted in writing to the
applicant.
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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.
2.
With the exception of a minor subdivision, as defined in this Chapter, no

plat may be approved unless it complies with the Preliminary Plan as
approved by the Planning Board; except, that the Planning Board may
allow for minor modifications from the Preliminary Plan which, in its
opinion, do not alter the intent of its previous approval.
In those situations where a site plan is required, the Planning Board may
refuse to approve a plat until a site plan is approved under Section
59.7.3.4.
D.
Final Plat. The applicant must submit a final plat on mylar or other form
designated by the Director that incorporates the recommendations of the
reviewing agencies.
E.
Planning Board to act within 30 days. The Planning Board must act to approve or
disapprove a final plat within 30 days after its submittal; otherwise, the plat will be
128

EXISTING CHAPTER
(d)
(e)
(f)
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Board may hold hearing on any plan or plat. The Board may, upon its own motion,
hold a hearing prior to acting upon any record plat or preliminary subdivision plan,
at such time and place and on such notice as the Board may designate. All
interested parties shall be entitled to appear at any such hearing.
Board may give conditional approval. In the case of a record plat which requires
supporting data, the Board may give approval to such a plat conditioned upon the
applicant delivering to the Board all such supporting data.
Signing and reproducing of plats.

(1)
All plats shall be signed by the authorized officers of the Board as soon as
the Board has acted to approve them, or in cases of conditional approval,
as soon as such conditions have been complied with to the satisfaction of
the Board.
(2)
After a finally approved record plat is signed by the authorized officers of

the Board and by the Department of Permitting Services, the staff may
complete the processing of the plat.
(3)
The staff shall cause reproductions of each plat to be made, of a quality

equal to the standard established by the County, and sufficient in number
to meet current approved requests of local agencies, firms and individuals
for such copies.
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 Planning Board and provided in writing to the applicant.
F.
Planning Board may hold hearing on any plat. The Planning Board may, upon its
own motion, hold a hearing before acting upon any plat, at a time and place and
with any notice the Planning Board designates.
G.
Planning Board may give conditional approval. In the case of a plat requiring
supporting data, the Planning Board may give conditional approval requiring the
applicant to provide the Planning Board with the supporting data.
H.
Signing. A plat must be signed by applicable County agencies with review

authority before Planning Board action on the plat, and signed by the authorized
officers of the Planning Board after the Planning Board has acted to approve the
plat, or in cases of conditional approval, when the conditions have been complied
with to the satisfaction of the Planning Board.
Section 50.9.3 Recording Procedure

A.
Processing of plats.
1.
The Planning 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 licensed land surveyor who prepared the plat must
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EXISTING CHAPTER
(4)
(5)
The original tracing of each final plat and the reproductions thereof
required by the clerk of court shall have the official seal of the registered
land surveyor who prepared the plat impressed thereon; likewise, if the
maker of the plat is a corporation, its corporate seal shall also be affixed to
such plat and to the reproductions for recordation.
The original tracing of each plat so recorded shall be filed in the vault provided by
the Commission and shall remain there at all times unless required by court order
as an exhibit. The reproductions required by the clerk of court shall be transmitted
to him promptly upon completion of processing, for recordation in the land
records, together with the appropriate recording fee.
12-23-14 DRAFT
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 at all times unless required by court order as an exhibit.
C.
Indexing. The Clerk of the Circuit Court must record the plat and index 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 the name of the owners signing the plat.
D.
(g)
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 force and effect as to notice
as is given to properly recorded deeds.
Completion or guarantee of public improvements before recording final plat.
Section 50.11.1. Bonding and Surety
(1)
A.
(2)
Prior to the recording by the Board or its staff of any approved final plat or
portion thereof, the developer or subdivider shall present to the Board
certificates from the County Department or public agency concerned that
he has completed such arrangements, obtained such permits, bonds or
provided such surety in accordance with applicable laws, regulations and
requirements as will ensure final proper completion and installation of all
public improvements as required in Section 50-24 on the land covered by
such plat or portion thereof to be recorded.
As an alternative to obtaining certificates to assure improvements as
provided in paragraph (1), the following procedure may be used when the
subdivider or developer has not previously been adjudicated a bankrupt or
Guarantee of Completion of Improvements before Recording Final Plat

1.
Before plat recordation, the applicable public agency or utility company

must certify that the subdivider has obtained permits and bonds, or
provided other surety required by applicable laws and regulations that
ensure completion of all required improvements on the land covered by
the plat being recorded.
2.
As an alternative to the requirements of Subsection 50.11.1.A.1, when

approved by the applicable public agency, a public improvement
agreement may be executed between the applicant and the agency to
130

EXISTING CHAPTER
violated any previous agreement as provided in this paragraph. Before the

Board or its staff record any approved final plat or portion of a plat, the
developer or subdivider must present to the Board an agreement approved
by the County to complete all public improvements as required in Section
50-24. The developer or subdivider must assure final completion by
obtaining the permits or bonds and providing sureties as required by
applicable laws, regulations, and requirements of the public agencies
concerned. The agreement must provide that before any person occupies
any building within the subdivision, the developer or subdivider must
complete or obtain all necessary permits, and must post all sureties
required to guarantee final completion of the improvements and all public
facilities required to be constructed by the subdivider or developer to serve
the buildings, including the roads, cross streets, drainage ways, and
walkways to provide adequate traffic circulation and access to serve the
buildings and that portion of the subdivision being developed. The County
also may require, where applicable, the developer to obtain road permits
and post surety for roads, drainage ways, and walkways in the subdivision
which are necessary to provide access and traffic circulation to adjoining
tracts of land, schools, and other public property. The agreement may be
amended from time to time, as approved by the County, as to the timing of
obtaining the permits and posting the sureties. The agreement may be
amended or cancelled in whole or part where abandonment, change in
zoning, or replanning requires resubdivision platting of undeveloped
portions of the subdivision. A new agreement must be signed for the
resubdivision. If the subdivider is a corporation, the agreement must be
signed individually by the principal officers of the corporation as well as
by the corporation. The requirement of individual signatures may be
waived, wholly or in part, by the Director of the Department of Permitting
Services, or an authorized designee, whenever a corporation presents
evidence to show corporate viability and corporate net worth, and deemed
sufficient to assure that the corporation, in its own name, is fiscally able to
satisfy any enforcement actions taken hereunder. The decision of the
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ensure completion of public improvements.

3.
When the subdivider or developer is required by regulations of the

Washington Suburban Sanitary Commission to record a final plat
dedicating public roads in excess of a current building phase in order to
obtain installation of water and sewer to the site, surety as required by the
Road Design and Construction Code for road improvements for such excess
platting may be delayed as approved by the applicable County agency
under the approved timing sequence of the proposed development.
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EXISTING CHAPTER
12-23-14 DRAFT
Director of the Department of Permitting Services is final, subject only to

review by the Chief Administrative Officer. The Board, the County, or any
other public agency with jurisdiction may take any legal or other action
necessary to enforce the provisions of an agreement, including, where
applicable, withholding water and sewer service or suspending or revoking
well or sewage disposal permits or authorizations.
(3)
In cases under paragraph (2) above wherein the subdivider or developer is

required by regulations of the Washington Suburban Sanitary Commission
to record a final plat dedicating to public use public roads in excess of his
immediate building plans in order to obtain installation of water and sewer
to the site of his proposed building operations, the agreement may provide
that posting of surety required by the road construction code for road
improvements for such excess platting may be delayed as approved by the
County in accordance with a time sequence of proposed development set
forth in the agreement. (Mont. Co. Code 1965, 104-26; 1973 L.M.C., ch.
25, 8; Ord. No. 7-41, 4; 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,
Sec. 50-38. Waivers from this chapter.
(a)
Authority of Board.
(1)
(2)
The Board may grant a waiver from the requirements of this Chapter upon
a determination that practical difficulties or unusual circumstances exist
that prevent full compliance with the requirements from being achieved,
and that the waiver is: 1) the minimum necessary to provide relief from the
requirements; 2) not inconsistent with the purposes and objectives of the
General Plan; and 3) not adverse to the public interest.
Large Scale Development or Preservation of Open Space, Forest and Tree
Conservation, Environmentally Sensitive Areas, or Prevention of Soil
Division 50.10. Waivers from this Chapter

Section 50.10.1. Authority of Planning Board
The Planning Board may grant a waiver from the requirements of this Chapter after making
the required findings.
Section 50.10.2. Application
A request for a waiver from this Chapter must be submitted to the Planning Board in
writing, stating all facts supporting approval of a waiver.
Section 50.10.3. Findings
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EXISTING CHAPTER
Erosion. The standards and requirements of this Chapter may be modified

by the Board if it determines that:
a.
b.
(3)
A.
a plan and program for a new town, a complete community or a

neighborhood unit will provide adequate public spaces and
improvements for the circulation of traffic, recreation, light, air,
and service needs of the tract when fully developed and populated,
and that legal provisions to assure conformity to the plan are
satisfactory; or
a variance will promote the preservation or creation of open space,
forest and tree conservation, preservation of environmentally
sensitive areas, or the prevention of soil erosion in the public
interest. The Board shall also have the power to modify or vary the
requirements of this Chapter where, in the opinion of the Board,
the preservation or creation of open space, the prevention of soil
erosion or the preservation of exceptional natural topography and
trees worthy of preservation in the public interest will be best
served thereby.
Moderate Price Development. Approval for such a subdivision shall not be

granted until the Board shall have reviewed all of the plans of subdivision
and development, including the dwelling units and community facilities to
be constructed to ascertain the feasibility and practicability that the
objectives of this variation from the requirements of the chapter will be
achieved. In determining such feasibility and practicality the Board shall
obtain assurances that any and all waivers required of other land
development codes, rules and regulations shall have been granted by the
appropriate authorities. The Board shall also determine and be satisfied
that at least a substantial number of dwelling units in a proposed
subdivision shall not exceed a sale price of twenty-five thousand dollars
($25,000.00). When any such subdivision includes, abuts, or is in the
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To grant a waiver, the Planning Board must find that:

1.
due to unique circumstances of a plan, the application of specific

requirements are not needed to ensure the public health, safety, and
general welfare;
2.
the intent of the Chapter is still met; and
3.
The waiver is:

a.
the minimum necessary to provide relief from the

requirements;
b.
consistent with the purposes and objectives of the General

Plan; and
c.
not adverse to the public interest.
Section 50.10.4. Conditions

The Planning Board may condition the waiver approval.
Section 50.10.5. Procedure for Granting Waivers
A.
Referral for Recommendations. The Director must send a copy of each waiver
request to the applicable Development Review Committee agencies for
investigation, report, and written recommendation before acting on the request.
Those agencies must submit any report and recommendation to the Director
within 20 days after receiving the request, or the recommendation must be
treated as favorable.
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EXISTING CHAPTER
immediate vicinity of any recorded subdivision or developed neighborhood

then the Board may hold a public hearing on the proposed subdivision
before approving same. Where a variation for an increase in density is
requested in a town sector zone or planned neighborhood zone, the Board
shall be satisfied that all increased numbers of dwelling units may be
accomplished without adverse impact on the school, water, road and sewer
systems necessary to support the development of the affected property;
shall be satisfied that all increased numbers of dwelling units shall not
exceed a sale price of twenty thousand dollars ($20,000.00); shall be
satisfied that the increase in development of dwelling units shall provide
for at least 0.75 people per acre on the whole zone plan; and shall increase
dwelling units proportionately only to the maximum of an additional 1.5
people per acre on such zone plan.
(b)
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B.
C.
D.
The Director must publish a report and recommendation a minimum of 10 days

before the scheduled Planning Board hearing. A waiver request filed under this
Section, may be used as grounds for a request to extend the time requirements in
Sections 50.5.2 and 50.9.2.
Resolution. The decision of the Planning Board must be incorporated in a
resolution adopted by a majority of those voting.
Non-waiver of other ordinances. When granting a waiver, the Planning Board
must not change any other requirement of law.
Procedure for granting variations.

(1)
Written Request to the Board. A request for a variation from this chapter
shall be addressed to the board in writing, stating all facts warranting
variation.
(2)
Referral for Recommendations. The Board must refer a copy of each

request to the Chief Planning Engineer, the Department of Transportation,
the Washington Suburban Sanitary Commission, and the Board of
Education for investigation, report, and written recommendation before
acting on the request. Any report and recommendation must be submitted
to the Board within 30 days after the staff receives it, or the
recommendation must be treated as favorable. A request for a variation,
filed under this section, waives the time requirements in Sections 50-35
and 50-36 and extends the time for review for 45 more days.
(3)
Resolution. The decision of the Board shall be in the form of a resolution

adopted by the Board by a majority of those voting; and a copy of said
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EXISTING CHAPTER
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resolution shall be forwarded to each agency mentioned in paragraph (2)

above.
(c)
(4)
Conditions. In granting a variation, the Board may require such conditions

in lieu of full compliance as will, in its judgment, secure substantially the
objectives of the requirements so modified and protect the public interest.
(5)
General Considerations. Notwithstanding the provisions herein, the Board

shall not be authorized to vary or modify the provisions of Chapter 59 of
this Code, the road construction code, the building code, health laws or
other ordinances or regulations of the County. Pursuant to a moderate price
development as contemplated in this Chapter, the Board and the County
Council shall cooperate to achieve such waiver within their respective
jurisdictions as may enhance the objectives, fulfillments and purposes of
that development.
Board may require special conditions. In granting a variation, the Board may
require such conditions in lieu of full compliance as will, in its judgment, secure
substantially the objectives of the requirements so modified and protect the public
interest.
(d)
Nonwaiver of other ordinances. Notwithstanding the provisions herein, the Board

shall not be authorized to vary or modify the provisions of Chapter 59 of this Code,
the road construction code, the building code, health laws or other ordinances or
regulations of the County. (Mont. Co. Code 1965, 104-27; Ord. No. 6-26; Ord.
No. 6-123; Ord. No. 6-168; 1973 L.M.C., ch. 25, 8; Ord. No. 12-16, 1; Ord.
No. 13-26, 1; Ord. 13-57, 6; Ord. No. 16-16, 1.)
Sec. 50-39. Residential cluster subdivision.
(a)
Purpose. The cluster method of subdivision is intended to promote both flexibility

and variety of housing types in residential communities without sacrificing existing
per acre dwelling densities or changing the character of the neighborhood. This

H.
Residential cluster subdivision

1.
Purpose. The cluster method of subdivision is intended to promote both

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EXISTING CHAPTER
12-23-14 DRAFT
flexibility and variety of housing types in residential communities without

changing the existing per acre dwelling densities or the character of the
neighborhood. This method of development is also intended to encourage
the preservation of existing topography and environmentally sensitive
areas, and to promote forest conservation under Chapter 22A while
providing useful community green or open space. The use of this optional
method of subdivision is subject to approval by the Planning Board.
method of development is also intended to encourage the preservation of existing

topography and to promote forest conservation under Chapter 22A while providing
useful community green or open space.
(1)
Variations in lot areas and dimensions are permitted;
(2)
A greater variety of building types is introduced in the R-90 and R-60

zones;
(3)
Procedures are established to assure adequate maintenance and restricted

use of common grounds;
(4)
Procedures are established to assure adequate protection of existing

neighborhoods in the immediate vicinity of proposed cluster
developments; and
(5)
(b)
2.
Conditions for use. The use of the cluster method of development is

subject to the following conditions and requirements:
a.
The requirements in Chapter 59 in the applicable zone;
b.
Except in the RC zone or as recommended by a master plan in the

RE-2C zone, a cluster development must be served by public water
and sewer;
c.
Open space areas preserved by the cluster development must

comply with the general purpose of cluster development, and the
application must include a plan detailing the post-development
maintenance and use of those areas; and
d.
Land dedicated to public use for school and park sites may be
counted in the tract area for the purpose of calculating density, if
development of the remaining land can be accomplished in
compliance with the purposes of this Section.
The use of this optional method of subdivision is subject to approval by the

planning board.
Conditions for use. The use of the cluster method of development shall be subject
to the following conditions and regulations:
(1)
The appropriate regulations in chapter 59 of this Code pertaining to cluster

development in the respective zoning classifications.
(2)
The land proposed for development must be programmed for public water
or sewer, as shown on the comprehensive ten-year water and sewerage
plan as adopted by the county council and approved by the state
department of health and mental hygiene.
(3)
No dwelling in a cluster development shall be occupied unless it is served

by public water and sewer or conforms to section 50-27(d) of this chapter.
3.
Procedure for approval.

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EXISTING CHAPTER
(4)
All utility lines within the cluster development shall be placed

underground. The developer or subdivider shall ensure final and proper
completion and installation of utility lines as provided in subsection (c) of
section 50-40.
(5)
Open space areas preserved by the cluster development shall comply with
the general purposes of cluster development, and a plan setting forth the
post-development utilization of those areas must be evolved by the
developer.
(6)
(c)
Land dedicated to public use for school and park sites may be counted in
the average net lot area, provided that development of the remaining land
can be accomplished in compliance with the purposes of this section.
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a.
In addition to any other required information a Preliminary Plan

must be accompanied by a statement outlining the ownership,
method of maintenance and use of the common open space
within the subdivision, and a plan showing the sequential staging
of construction of all improvements. The staging plan must be
made an integral part of the Preliminary Plan and must be subject
to approval by the Planning Board.
b.
The Planning Board must determine whether the site is

appropriate for cluster development and will accomplish the
purposes of the cluster method of development. In making this
determination, the Planning Board must consider the following:
Procedure for approval. In order to obtain approval for cluster development, the
following procedure shall be followed:
i.
The influence that the proposed development may have

on existing or future development in nearby areas;
(1)
ii.
The spatial relationship between the buildings and the

common open space;
iii.
The location, character, area, and dimensions of the

common open space and its usefulness for the common
recreational or other purposes for its intended use;
iv.
The adequacy of the staging plan;
v.
The nature of the site; and
vi.
The use and zoning of nearby land.
Preliminary Subdivision Plan. A preliminary subdivision plan shall be filed

and processed in accordance with the procedure set forth in sections 50-34
and 50-35.
a.
In addition to the requirements of sections 50-34 and 50-35, within

three (3) days after filing a preliminary plan for cluster
development, the applicant shall erect a sign, to be furnished by
the planning board, on the property with which the plan is
concerned. Such sign shall be placed within ten (10) feet of
whatever tract boundary line abuts the most traveled public road
and in a manner that will cause it to be most readily seen by the
public. If the subject tract does not abut a public road, the
applicant shall, at the time the plan is filed, request and receive
written instructions from the planning board as to where the sign
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EXISTING CHAPTER
shall be placed. The sign furnished by the planning board shall be

of a size, color and format as determined by the board and shall
contain, as a minimum, the following information: (1) Zoning
classification of the land, (2) statement that ``cluster development
requested,'' (3) telephone number at the park and planning
commission where additional information is available. The
planning board shall determine the cost to the applicant for the
sign.
b.
In addition to the information required in section 50-34 the plan

shall also show the approximate locations of all proposed
improvements, except single-family detached dwellings. In lieu of
showing single-family detached dwellings, the plan shall show the
minimum setbacks to be used for all lots. The plan shall be
accompanied by a preliminary statement or proposal including
specific documents showing the ownership, method of
maintenance and utilization of the common open space within the
subdivision, and a plan showing the sequential staging of
construction of all improvements. The sequential staging plan shall
be made an integral part of the preliminary subdivision plan and
shall be subject to approval by the Montgomery County Planning
Board as a part thereof.
c.
In accordance with the scheduling procedures for the approval of

preliminary subdivision plans, contained in section 50-35(f), the
planning board shall determine whether or not the site is
appropriate for cluster development and will result in the
accomplishment of the purposes of the cluster method of
development. In making this determination, the board shall give
particular consideration to the following:
1.
Section 50-39(c) not retained.
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The influence, if any, that the proposed development may

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EXISTING CHAPTER
12-23-14 DRAFT
be expected to have upon existing or future development

in adjacent and nearby areas;
(2)
2.
The spatial relationship between the buildings and the

common open space;
3.
The location, character, area, and dimensions of the

common open space and its usefulness for the common
recreational or other purposes for which it is intended to
be used;
4.
The adequacy of the sequential staging plan to assure the

achievement of a coordinated, systematic development
within the tract and in relationship to existing or future
development in adjacent or nearby areas, as well as the
adequacy of the plan to assure the completion of all the
improvements proposed for the development;
5.
The nature of the site; and
6.
The use and zoning of adjacent and nearby land.
Application for Record Plat. After the planning board has approved a
preliminary subdivision plan, application shall be made for the approval of
a record plat. This plat shall be subject to all of the requirements of section
50-36, and in addition shall be accompanied by a detailed statement or
proposal, including covenants, agreements, or other specific documents,
showing the ownership of and method of maintenance and utilization of
these areas within the subdivision that are declared to be open space for
common use. Development, construction or other rights in the open space
areas shall be reserved unto the ownership of the land for the indicated
recreational or scenic uses only. Covenants, agreements, etc., shall be in
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EXISTING CHAPTER
12-23-14 DRAFT
perpetuity and shall include easements to the public for utility rights-ofway.
Portional record plats may be submitted as set forth in subsection (a) of
section 50-36; provided, that a variance of not more than fifteen (15)
percent from the allowed density of development shall be permitted for any
portion; and provided further than the density of development for the entire
tract as approved on the preliminary plan shall not be more than that
specified by the appropriate zoning category ordinance.
(3)
Approval of Record Plat. Procedure for approval shall be in accordance

with section 50-37.
(4)
Recording of Plats. Record plats filed on cluster developments shall

contain a statement indicating that the land lies within an approved cluster
development, that subdivision or resubdivision is not permitted after the
property is developed and that development of the land is permitted only in
accordance with the land uses indicated on the approved preliminary plan
and/or site plan. Covenants or joint use and maintenance agreements
affecting the common lands shall be recorded simultaneously with the plat.
(Ord. No. 5-156, 1; Ord. No. 6-5, 1; Ord. No. 6-45, 1; Ord. No. 6-88,
1; Ord. No. 7-31, 1; Ord. No. 7-32, 1; Ord. No. 8-16, 2; Ord. No. 892, 3; Ord. No. 10-12, 4, 5; Ord. No. 12-16, 1.)
Sec. 50-40. Public utilities.
(a)
(b)
General. Pipelines, electric power and energy transmission and distribution lines
and cables, and telephone and telegraph lines and cables shall be underground in a
subdivision where the preliminary subdivision plan is filed subsequent to June 6,
1967.
Installation. Underground installation shall be required but not limited to total of
six (6) or more buildings in a subdivision. Temporary overhead lines shall be

E.
Public Utilities
5.
Public utilities. Pipelines, electric power and energy transmission and

distribution lines, and telecommunications lines must be underground in
all subdivisions.
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EXISTING CHAPTER
permitted for any total of less than six (6) buildings in a subdivision.
Completion. No final approval of a plat or portion thereof shall be granted by the
board, unless the developer or subdivider shall present to the board, certificates or
commitments from utility companies or public agencies, having responsibility for
the installation of utilities to service the subdivision, that he has completed such
arrangements as will ensure the full, final and proper completion and installation of
the utility lines by such utility companies or public agencies. In the event such
certificates or commitments have not or cannot be obtained by the developer or
subdivider, he shall, if he qualifies for the public improvement agreement
authorized by paragraph (2) of subsection (g) of section 50-37, include in such
agreement provisions agreeing to ensure full, final and proper completion of the
utility lines by such utility companies or public agencies, or alternatively when
such agreement is not entered into for other public improvements, such qualified
developer or subdivider, shall enter into an agreement for the completion of the
utility lines conforming to the provisions of paragraph (2) of subsection (g) of
section 50-37. (Ord. No. 6-31, 1; Ord. No. 6-45, 2.)
Sec. 50-41. Enforcement.
Installation. Underground installation of new and existing utilities

is required unless the Planning Board or the applicable utility
company determines that it is infeasible.
b.
Completion. The Planning Board may not approve a final plat until
the developer demonstrates that the applicable utility companies
or public agencies will provide utility lines to serve the subdivision.
(c)
(a)
Definitions. In this section, these terms have the following meanings:

Administrative Civil Penalty. A monetary penalty imposed by the Planning Board
after considering the factors in this Section for violating a Planning Board Action.
Section 50.11.5. Enforcement of Chapter

A.
Notice of Violation
1.
The Director may issue a notice of violation to a person whom the Director
believes committed a violation of a Planning Board action or this Chapter.
A notice of violation issued under this Subsection must be served on the
alleged violator personally, on the alleged violators agent at the site of the
alleged violation, or by certified mail to the alleged violators last known
address.
2.
The notice of violation must contain at least the following information:
Citation. A document noting a violation of a Planning Board action, seeking to

impose a civil fine or corrective action.
Civil Fine. A requirement to pay a predetermined sum of money specified in an
administrative citation for violating a Planning Board action.
Enforcement Agent. The Planning Director, or the Directors designee responsible
for determining compliance with a Planning Board action.
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a.
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EXISTING CHAPTER
Notice of Hearing. An administrative notice issued by the Planning Director that

notifies an alleged violator where and when an enforcement hearing will be held by
the Planning Board or the Boards designee to address an alleged violation.
Notice of Violation. A notice issued by an enforcement agent that notifies a
recipient of a violation and specifies the remedial action that the recipient must
take to avoid further enforcement action.
a.
the name of the person charged;
b.
the nature of the violation;
c.
the place where and the approximate date when the violation
occurred; and
d.
a statement advising the alleged violator of the corrective or

remedial action which must be taken and the date by which the
corrective or remedial action must be completed. The corrective
or remedial action may include a meeting with Commission staff to
establish a compliance plan.
Person. An individual, partnership, corporation, organization, or other entity, or

combination thereof, that owns property or otherwise has an interest or
responsibility for property that is the subject of a Planning Board action.
Planning Board action. A final decision on a preliminary plan, site plan, project
plan, supplementary plan, water quality plan or other plan, including all associated
terms, conditions, requirements and other obligations or limits, made by the
Planning Board under state law and Chapters 50 and 59, including any regulations
issued under state or County law. A Planning Board action does not include a
decision made by the Board under Chapter 22A.
B.
Administrative Citation
1.
The Director may deliver an administrative citation to a person whom the

Director believes committed a violation of a Planning Board action or this
Chapter. The Director must attest to the truth of the facts and allegations
in the administrative citation. An administrative citation issued under this
Subsection must be served on the alleged violator personally, on the
alleged violators agent at the site of the alleged violation, or by certified
mail to the alleged violators last known address.
2.
The administrative citation must contain at least the following

information:
Planning Director. The staff member in the Maryland-National Capital Park and
Planning Commission who is in charge of all planning, zoning, and land
development approval activities for the Commission in Montgomery County, and
who reports directly to the Planning Board, or the Directors designee.
Stop Work Order. An administrative order issued by an enforcement agent that
requires a person to discontinue any further development, construction, or other
land disturbance activity authorized by a Planning Board action until a violation
has been corrected.
(b)
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a.
the name and address of the person charged;
Notice of Violation.
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EXISTING CHAPTER
(1)
(2)
(c)
b.
c.
occurred;
d.
the amount of fine assessed;
The notice of violation must contain at least the following information:
e.
where, when, and to whom the fine may be paid; and
(A)
f.
(B)
a statement advising the violator of the right to a hearing before

the Planning Board or its designee.
(C)
occurred;
(D)
a statement advising the alleged violator of the corrective or

remedial action which must be taken and the date by which the
corrective or remedial action must be completed. The corrective or
remedial action may include a meeting with Commission staff to
establish a compliance plan; and
(E)
a statement advising the alleged violator of the right to a hearing

before the Planning Board or its designee.
Citation.
(1)
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The Planning Director may issue a notice of violation to a person whom

the Director believes to have committed a violation of a Planning Board
action. The Director must retain a copy of the notice. A notice of violation
issued under this subsection must be served on the alleged violator
personally, on the alleged violators agent at the activity site, or by
certified mail to the alleged violators last known address.
The Planning Director may deliver an administrative citation to a person

whom the Director believes to have committed a violation of a Planning
Board action. The Director must retain a copy of each administrative
citation. The Director must attest to the truth of the facts and allegations in
C.
Notice of Hearing
1.
The Director may issue a notice of hearing to a person whom the Director
believes committed a violation of a Planning Board action or this Chapter.
The notice of hearing must be served on the alleged violator personally, on
the alleged violators agent at the site of the alleged violation, or by
certified mail to the alleged violators last known address.
2.
The notice of hearing must contain at least the following information:

a.
the name of the person charged;
b.
c.
occurred; and
d.
a statement advising the alleged violator of the date, time, and

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EXISTING CHAPTER
the administrative citation. An administrative citation issued under this

subsection must be served on the alleged violator personally, on the
alleged violators agent at the activity site, or by certified mail to the
alleged violators last known address..
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location of the hearing before the Planning Board or its designee.

D.
Civil Fine and Penalty

1.
A citation may require the recipient to pay a civil fine for a violation of a
Planning Board action.
2.
The fine for each violation of a Planning Board action is the maximum
allowed by the Land Use Article 23-505 of the Maryland Code for each
day that the violation continues.
Each day that a violation has not been corrected is a separate violation,
and the applicable fine may continue to accrue each day until the violation
is corrected without issuing a new citation each day.
4.
In addition to any other remedy under this Article, a person who violates
this Chapter, a Planning Board action, any applicable regulation, or any
associated agreement or restriction, may be subject to an administrative
civil penalty. The administrative civil penalty must not exceed 150% of the
estimated cost to bring the violation into compliance.
5.
Notice of Hearing.
In setting the amount of the administrative civil penalty, the Planning

Board or its designee must consider:
(1)
a.
the willfulness of the violation;
b.
the degree of deviation from the approved Planning Board action;
c.
the cost of any needed corrective action or restoration;
(2)
The administrative citation must contain at least the following information:

(A)
(B)
(C)
occurred;
(D)
the amount of fine assessed;
(E)
where, when, and to whom the fine may be paid; and
(F)
a statement advising the violator of the right to a hearing before

the Planning Board or its designee.
The Planning Director may use any administrative citation consistent with this
Section.
(d)
(2)
The Planning Director may issue a notice of hearing, which must be served
on the alleged violator personally, on the alleged violators agent at the
activity site, or by certified mail to the alleged violators last known
address.
The notice of hearing must contain at least the following information:
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EXISTING CHAPTER
(e)
(A)
(B)
(C)
occurred; and
(D)
a statement advising the alleged violator of the date, time, and

location of the hearing before the Planning Board or its designee.
Civil Fine and Penalty.

(1)
A citation may require the recipient to pay a civil fine for a violation of a
Planning Board action.
(2)
The fine for each violation of a Planning Board action is the maximum
allowed by Article 28 7-116(h) of the Maryland Code as amended for
each day that the violation continues.
(3)
Each day that a violation has not been corrected must be treated as a
separate violation, and the applicable fine must continue to accrue each
day until the violation is corrected without issuing a new citation each day.
(4)
(5)
In addition to any other remedy under this Article, a person who violates a
Planning Board action, any applicable regulation, or any associated
agreement or restriction, may be subject to an administrative civil penalty.
The administrative civil penalty must not exceed 150% of the estimated
cost to bring the violation into compliance.
In setting the amount of the administrative civil penalty, the Planning
Board or its designee must consider:
6.
E.
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d.
any adverse impact on the immediate neighborhood and the

larger community;
e.
the extent to which the subject violation is part of a recurrent

pattern of the same or similar violations committed by the
violator;
f.
any economic benefit that accrued to the violator or any other

person as a result of the violation;
g.
the degree of cooperation shown, or voluntary mitigation

measures taken, by the violator;
h.
the extent to which any other person contributed to the violation;
i.
the impact, if any, on the violators ability to perform corrective

actions because of a change in ownership of the property; and
j.
any other relevant factor.
The Planning Board, after a public hearing on the violation, must adopt a
resolution which specifies the amount of any administrative civil penalty
and the Planning Boards reason to impose the penalty.
Nonpayment of Fine
1.
If a person who receives an administrative citation does not pay the fine by
the administrative citations due date or file a request for hearing, a notice
must be sent to the person's last known address. If the administrative
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EXISTING CHAPTER
(6)
(A)
the willfulness of the violation;
(B)
the degree of deviation from the approved Planning Board action;
(C)
the cost of any needed corrective action or restoration;
(D)
any adverse impact on the immediate neighborhood and the larger

community;
(E)
the extent to which the subject violation is part of a recurrent

pattern of the same or similar violations committed by the violator;
(F)
any economic benefit that accrued to the violator or any other

person as a result of the violation;
(G)
the cost to implement any conditions in the applicable Planning

Board action;
(H)
the degree of cooperation shown, or voluntary mitigation measures

taken, by the violator;
(I)
the extent to which any other person contributed to the violation;
(J)
the impact, if any, on the violators ability to perform corrective

actions because of a change in ownership of the property; and
(K)
any other relevant factor.
The Board, after a public hearing on the violation, must adopt a resolution
which specifies the amount of any administrative civil penalty and the
Boards reason to impose the penalty.
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citation is not satisfied within 15 days after the notice is issued, the
recipient is liable for an additional fine, as specified in the notice. The
additional fine must be less than twice the original fine.
2.
F.
If, 35 days from the date the notice is issued, the fine due is not paid, the
Planning Board may schedule and hold a hearing.
Hearing
1.
A person who receives a citation imposing a civil fine may elect a hearing
before the Planning Board or its designee by filing a written request for
hearing with the Director. The request for hearing must be received by
the Director within 15 days after the administrative citation was issued.
The filing of a request for a hearing does not stay an administrative order
to stop work, stabilize a site, or stop a violation.
2.
If the Director receives a request to hold a hearing under this Article, the
Director must promptly schedule a hearing, unless the requestor consents
to a delay, and must issue a notice of hearing.
3.
The Planning Board may assign a hearing officer, including a Hearing

Examiner from the Office of Zoning and Administrative Hearings, to
conduct a public hearing and submit a report and recommendation on any
alleged violation of this Chapter or of a Planning Board action. The hearing
officer must submit the required report and recommendation to the
Planning Board not later than 30 days after the hearing record closes. The
hearing officer may extend the time to file the report by notifying all
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EXISTING CHAPTER
(f)
parties.
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Hearing.
4.
(1)
A person who receives a citation imposing a civil fine or a notice of

violation may elect a hearing before the Planning Board or its designee by
filing a request for hearing with the Board. The request for hearing must be
received by the Board within 15 days after the administrative citation or
notice of violation was issued. The filing of a request for a hearing does
not stay an administrative order to stop work, stabilize a site, or stop a
violation.
(2)
If the Board or its designee receives a request to hold a hearing under this
Article, the Board or its designee must promptly schedule a hearing, unless
the requestor consents to a delay, and must issue a notice of hearing.
(3)
The Board may assign a hearing officer, including a Hearing Examiner

from the Office of Zoning and Administrative Hearings, to conduct a
public hearing and submit a report and recommendation on any alleged
violation of this Chapter or of a Planning Board action. The hearing officer
must submit the required report and recommendation to the Board not later
than 60 days after the hearing record closes, but the hearing officer may by
order extend the time to file the report.
(4)
All fines, penalties, or forfeitures collected by the Planning Board under

this Section must be remitted to the Planning Board and placed in the
general funds of the Maryland-National Capital Park and Planning
Commission, and may be spent by the Commission for project corrections,
plan enforcement, or other Commission purposes. The Commission, in its
sole discretion, may spend collected fines or penalties to perform or correct
some or all violations noted in an administrative citation without obligating
the Commission instead of the person responsible to correct any violation.
After holding the hearing, the Planning Board may impose any civil fine or
administrative civil penalty authorized by this Section, and also may:
a.
suspend or revoke the plan that is the subject of a Planning Board

action;
b.
approve a compliance program that lists each remedial action that

must be taken;
c.
require the violator to post a bond or other surety to guarantee

completion of a compliance program;
d.
allow the violator to propose modifications to the plan; or
e.
take any combination of these actions.
5.
All fines, penalties, or forfeitures collected by the Planning Board under

this Section must be remitted to the Planning Board and placed in the
general funds available for use by the Planning Board.
6.
The Planning Board may spend funds from fines and penalties for project
corrections, plan enforcement, or other Planning Board purposes. The
Planning Board, in its sole discretion, may spend collected fines or
penalties to perform or correct some or all violations noted in an
administrative citation without obligating the Planning Board, instead of
the person responsible, to correct any violation.
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EXISTING CHAPTER
(g)
Nonpayment of Fine.
(1)
(2)
(h)
(i)
G.
If a person who receives an administrative citation does not timely pay the
fine by the due date listed in the administrative citation or file a request for
hearing, a formal notice of the violation must be sent to the person's last
known address. If the administrative citation is not satisfied within 15 days
after the notice is issued, the recipient is liable for an additional fine, as
specified in the notice, which must not exceed twice the original fine.
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Enforcement rules; Conduct of Hearing.

1.
The Planning Board must:

a.
adopt rules to administer and enforce this Section as a method (2)

regulation, subject to Council review under Chapter 2A, Section
15; and
b.
conduct any proceeding under this Section as provided in those

rules.
If, after 35 days after the notice under this subsection is issued, the fine due
is not paid, the Planning Board must schedule and hold a hearing and, after
holding the hearing, may impose any civil fine or administrative civil
H.
penalty authorized by this Section, and also may:
Stop Work Order.
(A)
suspend or revoke the plan that is the subject of a Planning Board

action;
1.
(B)
approve a compliance program that lists each remedial action that

must be taken;
(C)
require the violator to post a bond or other surety to guarantee

completion of a compliance program;
(D)
allow the violator to propose modifications to the plan; or
(E)
take any combination of these actions.
Authority of the Office of the General Counsel. The General Counsel of the
Maryland-National Capital Park and Planning Commission may prosecute and take
any other necessary legal action regarding any violation under this Section.
2.
The enforcement agent may issue a stop-work order if the enforcement

agent reasonably finds that:
a.
a person is violating any element of a Planning Board action; and
b.
the violation threatens or may threaten the public health, safety,

or welfare.
A stop-work order must include the following information as applicable:

a.
b.
c.
occurred; and
Enforcement rules; Conduct of Hearing. The Planning Board must:

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EXISTING CHAPTER
(j)
(1)
adopt rules to administer and enforce this Section as a method (2)

regulation, subject to Council review as provided in Section 2A-15; and
(2)
conduct any proceeding under this Section as provided in those rules.
d.
3.
The enforcement agent must attest to the truth of the facts and
allegations in the order.
4.
The enforcement agent must prominently display the order near where
the violation has occurred. In addition, the enforcement agent may deliver
or mail a copy of the order to the last known address of the person who
secured approval of the Planning Board action.
5.
When a stop-work order is posted, the recipient must immediately

discontinue any further work activities until the order is rescinded. A stopwork order suspends the Planning Board approval of the entire underlying
plan, unless:
Stop Work Order.

(1)
(2)
The enforcement agent may issue a stop-work order if the enforcement

agent reasonably finds that:
(A)
a person is violating any element of a Planning Board action, and
(B)
the violation threatens or may threaten the public health, safety, or

welfare.
A stop-work order must include the following information as applicable:

(A)
(B)
(C)
occurred; and
(D)
a clear statement of the action that must be taken or discontinued

to cure the violation, including any requirement to prepare a plan
of compliance.
The enforcement agent must attest to the truth of the facts and allegations
in the order.
12-23-14 DRAFT
a clear statement of the action that must be taken or discontinued

to cure the violation, including any requirement to prepare a plan
of compliance.
a.
the Planning Board approves phasing of the project; and
b.
the enforcement agent finds that the violation involves only:

i.
one or more phases of a project, but not other phases of

the same project; or
ii.
activities on a single lot or parcel.
In these instances, the order may only suspend the Planning Board's
approval as it relates to those phases or lots where the violation exists.
149

EXISTING CHAPTER
(3)
The enforcement agent must prominently display the order in close

proximity to the location where the violation has occurred. In addition, the
enforcement agent may deliver or mail, as practical, a copy of the order to
the last known address of the person who secured approval of the Planning
Board action.
(4)
When a stop-work order has been posted, the recipient must immediately
discontinue any further development or construction activities authorized
by a Planning Board action until the order is rescinded. A stop-work order
suspends the Planning Board approval of the entire underlying plan,
unless:
(A)
the Planning Board, in taking the Planning Board action, approved

phasing of the project; and
(B)
the enforcement agent finds that the violation involves only:

(i)
one or more phases of a project, but not other phases of the

same project; or
(ii)
activities on a single lot or parcel.
In these instances, the order may only suspend the Planning

Board's approval as it relates to those phases or lots where the
violation exists.
(5)
The recipient of a stop-work order may request a hearing to contest the

validity of the order. If the enforcement agent finds that a hearing before
the Planning Board is not practical in a reasonable time, the Chair or ViceChair of the Board may review the order. A determination by the Chair or
Vice-Chair has the same effect as if the Board reviewed the order. The
Board or Chair, if applicable, must review the order de novo. If the
12-23-14 DRAFT
6.
The recipient of a stop-work order may request a hearing to contest the

validity of the order. If the enforcement agent finds that a hearing before
the Planning Board is not practical in a reasonable time, the Chair or ViceChair of the Planning Board may review the order. A determination by the
Chair or Vice-Chair has the same effect as if the Planning Board reviewed
the order. The Planning Board or Chair, if applicable, must review the
order de novo. If the violation is corrected and a plan of compliance
prepared by the recipient of the order before the hearing is confirmed by
the enforcement agent, the hearing must be cancelled.
7.
At the Planning Board hearing, the enforcement agent must justify to the
Planning Board the grounds and reasoning to issue the order. The
recipient must explain why the order should be discontinued, and may
propose a plan of compliance indicating how and when the violations will
be corrected. The Planning Board must decide if the order should be
continued, modified, or rescinded, and if a plan of compliance should be
approved. The Planning Board's decision that a stop-work order must
continue revokes any underlying Planning Board approvals for the entire
project or any part of the project as the Planning Board specifies until the
violation is corrected.
8.
A Planning Board decision to continue or modify an order may be the

subject of a petition for judicial review to the Circuit Court under the rules
for the review of administrative agency actions.
9.
A stop-work order must be rescinded when the Planning Board or the

enforcement agent finds that all violations specified in the order have
150

EXISTING CHAPTER
12-23-14 DRAFT
been satisfactorily corrected, which determination must not be

unreasonably withheld, or the Planning Board approves a compliance plan
that addresses any uncorrected violation.
violation is corrected and a plan of compliance prepared by the recipient of

the order before the hearing is confirmed by the enforcement agent, the
hearing must be cancelled.
(6)
(7)
(8)
At the Planning Board hearing, the enforcement agent must justify to the
Board the grounds and reasoning to issue the order. The recipient must
explain why the order should be discontinued, and may propose a plan of
compliance indicating how and when the violations will be corrected. The
Board must decide if the order should be continued, modified, or
rescinded, and if a plan of compliance should be approved. The Board's
decision that a stop-work order should continue revokes any underlying
Board approvals for the entire project or any part of the project as the
Board specifies until the violation is corrected.
A Board decision to continue or modify an order may be the subject of a
petition for judicial review to the Circuit Court under the rules for the
review of administrative agency actions.
A stop-work order must be rescinded when the Board or the enforcement
agent finds that all violations specified in the order have been satisfactorily
corrected, which determination should not be unreasonably withheld, or
the Board approves a compliance plan that addresses any uncorrected
violation.
(k)
Other Remedies. The authority in this Section to issue civil fines, administrative
civil penalties, and impose stop work orders are in addition to any other authority
of the Planning Board to enforce its actions, including seeking injunctive,
declaratory, or other relief. The decision to pursue one remedy does not preclude
the Board from pursuing any other available remedy.
(l)
Exclusive Authority. The Planning Board or its designee has exclusive authority to
enforce violations of a Planning Board action. The authority granted in this Chapter
I.
Other Remedies. The authority in this Section to issue civil fines, administrative
civil penalties, and impose stop work orders are in addition to any other authority
of the Planning Board to enforce its actions, including seeking injunctive,
declaratory, or other relief. The decision to pursue one remedy does not preclude
the Planning Board from pursuing any other available remedy.
J.
Authority of the Office of the General Counsel. The General Counsel of the
Maryland-National Capital Park and Planning Commission may prosecute and take
any other necessary legal action regarding any violation under this Section.
K.
Exclusive Authority. The Planning Board or its designee has exclusive authority to
enforce violations of a Planning Board action and any violations of this Chapter.
The authority granted in this Chapter supersedes any other authority to enforce a
Planning Board action granted to any other County or State agency.
151

EXISTING CHAPTER
12-23-14 DRAFT
supersedes any authority to enforce a Planning Board action granted to the

Planning Board or any other County or State agency. (Ord. No. 12-74, 1; Ord.
No. 15-65, 1; Ord. No. 16-47, 1.)
152

Chapter 50 - Subdivsion Regulations Re-Write Comparison of Existing Chapter 50 and The 12-23-14 Draft Changes

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CHAPTER 50 - SUBDIVSION REGULATIONS RE-WRITE

COMPARISON OF EXISTING CHAPTER 50 AND THE 12-23-14 DRAFT CHANGES

Sec. 50-1. Definitions.

Division 50.2. Defined Terms

Section 50.2.1. Rules of Interpretation

How to Compute Periods Measured in Months. If a period of time is measured in

How to Compute Periods Measured in Days. If this Chapter required or allows a

Agricultural land: Land classified in an agricultural zone established by Division 59-C-9 of

Requirements to Act by a Specific Date

If the law requires or allows a person to perform an act by a specific date,