Certain types of applications have additional requirements not covered by Chapter 50 or the sections above, or are subject to alternative procedures for submission and review. These alternative requirements and procedures are described below.
A. Administrative Subdivision Plan.
1. Board action required. The Director must cede their authority to act on an administrative subdivision plan application and schedule action by the Board if:
(a) an objection to the application is received during the review, and the Director determines the objection is relevant;
(b) the project site is within a Special Protection Area and required to submit a Water Quality Plan;
(c) the application includes a request for a waiver under Section 50.9 of Chapter 50;
(d) the application includes a request for abandonment of land dedicated for public use under Section 50.8.4.A.2 of Chapter 50; and
(e) the application includes a change to a recorded conservation easement on the project site.
2. Director participation in application review. The Director may not participate in the DRC meeting or any other meetings that occur on an application before acting on the plan.
3. Effect of an appeal to an Administrative Subdivision Plan. An appeal of an administrative subdivision plan filed under Section 6.3.C of Chapter 50 stays the Director’s action on the plan until the Board acts on the appeal after a public hearing.
B. Validity Period Extension Requests. The date when the Planning Board’s resolution for a preliminary plan is mailed establishes both the plan validity period and the validity period for the associated adequate public facilities review. The Board may extend these validity periods under Chapter 50, Sections 4.2.H and 4.3.J.7.
1. Application. An application filed for extension of a validity period must include a letter from the applicant, or the applicant’s representative, which identifies the facts, conditions, and provisions of law relied upon by the applicant to justify an extension.
2. Review and Action. Planning Department staff may review an application filed for extension of a validity period without referring it to other government or public agencies, and utility companies. A DRC meeting on the application is not required. Staff must prepare a staff report for the application as noted above, and schedule action per the timing required for the plan under which the validity period was established.
C. Subdivision Regulations Waiver Requests. Chapter 50, Division 50.9 specifies waivers that the Planning Board may grant. Waivers are generally reviewed as part of an application for a preliminary plan of subdivision. However, a waiver of the requirement to submit a preliminary plan of subdivision may be requested. In that case, a separate subdivision waiver application is required.
1. Application. Each application for waiver must include a letter from the applicant or the applicant’s representative which specifies the facts, conditions, and provisions of law on which the applicant relies to justify a waiver.
2. Review and Action. An application for a subdivision regulations waiver must be reviewed per the requirements of Chapter 50, Section 9.5.A and acted upon by the Board.
D. Adequate Public Facilities Ordinance (APFO) Review at Building Permit. Per Chapter 8, Section 8-31, a building permit must not be issued for lots that do not have a valid APFO approval from the Board. If such approval is not granted by the conditions of an approved preliminary plan, administrative subdivision plan, or site plan, the Department of Permitting Services refers the building permit application to the Board for a determination that public facilities will be adequate to serve the proposed development. In these cases, an application for APFO review should be filed under these procedures.
1. Application. Each application for a building permit APFO review must include an application form, and applicable fee, and sufficient information to demonstrate the expected impact on and use of public facilities by the development.
2. Referral of the application. Immediately after accepting the application, the Director must send a copy to DOT, MCPS, DPS Fire Department Access and Water Supply, and any other applicable reviewing agencies for their comments concerning the plan. Per Chapter 8, each recipient must respond to the Board within 30 days after receiving the application from the Director.
3. Review. After receiving the recommendations of the participating reviewers, staff must prepare a staff report for the application as noted above.
4. Action. Action on an application for APFO review at building permit may be taken by either the Director or Board, depending upon the circumstances of the request.
(a) If a complete and adequate traffic statement is submitted and the proposed development generates less than 50 total peak hour person trips, the APF determination may be approved administratively by the Planning Department Director or designee.
(b) If a complete and adequate traffic study is submitted and the proposed development generates 50 or more total peak hour person trips, the APF determination must be approved by the Planning Board following a public hearing.
E. Request to Extend a Hearing Date. The Director and Board may extend the hearing date that is required to be set at the time certain applications are accepted under Chapter 59, Sections 7.3.3.C and 7.3.4.C, and Chapter 50, Section 4.1.E. A request for such extension must be made in writing by the applicant or the Planning Department lead reviewer. The Regulatory Extension Request Template may be used for this purpose.
1. Board action on the request. If the Board is required to act on a request to extend a hearing date, staff must prepare a memorandum immediately after receiving the request and schedule the action on the next available agenda.
F. Request for an Exemption to Platting. When DPS requires verification from the Planning Department that a property is exempt from the requirement to be recorded by a plat per Chapter 50, Section 3.3, a written request must be submitted to the DARC Division. The request must include copies of all information needed to support the exemption as outlined in Section 3.3.
G. Concept Plan. A concept plan is an optional, voluntary application that may be filed before a sketch, preliminary or site plan application to obtain advice concerning a proposed development project from the Development Review Committee (DRC).
1. Application. Each application for a concept plan must include an application form, a narrative statement from the applicant, or the applicant’s representative, that identifies the aspects of the proposed development on which advice is being sought, and sufficient information on accompanying plan drawings to show existing conditions and the extent of proposed development.
2. Referral of the application. Immediately after accepting the application, the Director must send a copy to the DRC reviewing agencies for their comments concerning the plan.
3. Review. The application must be scheduled for discussion at the next available DRC meeting after acceptance. Planning Department staff must prepare a summary of the DRC comments and provide it to the applicant within two weeks from the DRC meeting.
(Legislative History: Council Res. No. 18-879)
