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Unannotated Code of Maryland (Last Updated: May 16, 2014) |
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LAND USE |
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DIVISION I. SINGLE-JURISDICTION PLANNING AND ZONING. |
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TITLE 5. SUBDIVISION. |
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SUBTITLE 2. PLAT APPROVAL. |
§ 5-201. Final plat approval -- Procedure and effect.
Latest version.
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(a) Deadline; extension. --
(1) (i) Subject to paragraph (2) of this subsection, if an applicant has complied with all subdivision regulations, a planning commission shall approve or disapprove a final plat within 30 days after the applicant submits the final plat to the planning commission.
(ii) If the planning commission does not approve or disapprove the plat within 30 days, the plat shall be considered approved and the planning commission shall issue a certificate to that effect on demand.
(2) Notwithstanding paragraph (1) of this subsection, if the planning commission does not approve or disapprove the plat within 30 days, an applicant for approval of a final plat may waive this requirement and consent to an extension of the period for approval.
(3) If a final plat is disapproved, the planning commission shall state the grounds for the disapproval in the planning commission's records.
(b) Effect of plat approval. --
(1) Each plat approved by the planning commission shall, through the approval, be considered:
(i) an amendment or a detail of the comprehensive plan; and
(ii) a part of the comprehensive plan.
(2) Approval of a plat does not constitute or effect an acceptance by the public of any street or other open space shown on the plat.
(3) A planning commission periodically may recommend to the legislative body amendments of the zoning law or map to conform to the planning commission's recommendations for the zoning regulation of the territory within approved subdivisions.
(c) Agreement on requirements or restrictions. --
(1) A planning commission may agree with an applicant on use, height, area, or bulk requirements or restrictions that are designed to promote the purposes of the zoning law of the local jurisdiction.
(2) (i) The requirements or restrictions shall be stated on the plat before the plat is approved and recorded.
(ii) The requirements or restrictions shall have the same force of law, shall be enforceable in the same manner and with the same sanctions and penalties, and shall be subject to the same power of amendment or repeal as though part of the zoning law or map of the local jurisdiction.