Md. Code Regs. 26.04.03.02

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.04.03.02 - Submission of Plans and Procedures for Securing Approval

A. Any developer or subdivider contemplating the subdivision of land, before preparation of a preliminary plan, may request a review by the Approving Authority and other agencies having jurisdiction to secure information concerning general requirements in the area in which the proposed subdivision is to be located. If individual water supply or individual sewerage systems are contemplated, rejection or tentative approval may be secured at this time by submitting a boundary plat of the proposed subdivision and by drilling test wells and performing soil percolation tests on the entire tract in the numbers and at the locations as the Approving Authority may require, but not less than one percolation test per acre. The soil percolation tests should be performed only at the time of year when the highest water table can be expected as indicated for a given area by the soil survey. The results of the percolation tests shall be considered along with available data on the general topography, soil classifications, surface and subsurface drainage conditions, elevation of the water table, the history of failures of sewerage systems and individual water supplies in adjacent areas, and the extent of sewerage systems and individual water supply development in the adjacent area. The development of a subdivision may not be considered where, in the opinion of the Approving Authority, the infiltration of individual sewerage system wastes may result in the contamination of the ground water.

B. Application for approval of a subdivision shall include a preliminary plan and any other forms required by the Approving Authority. These forms shall include a description of the methods proposed for providing water supply and sewage disposal. Where individual water supply or sewerage systems are contemplated, the Approving Authority shall require at least one percolation test on each lot at the approximate disposal site, and any other tests as may be required, to be conducted under the supervision of the Approving Authority, with the resultant data becoming part of the application. The soil percolation test sites will be shown on the preliminary plan.

C. In those areas where the soil survey indicates moderate or severe restriction due to seasonal high water tables, the percolation tests shall be performed at the time of year when the highest water table can be expected as indicated for a given area by the soil survey. The tests shall be performed at such elevation as to leave undisturbed soil for the underground sewage disposal area after grading is completed. The Approving Authority shall consider the general topography of the area, soil classifications, surface and subsurface drainage conditions, elevation of the ground water table, the history of failures of sewerage systems, and well water supply development in the adjacent area.

D. The preliminary plan of a subdivision shall be clearly drawn to scale and shall show street arrangements, building lines, right-of-ways, utility and drainage easements, lot dimensions, and lot area. All lots shall be numbered. Topography shall be shown on 2-foot contours, provided, however, that if ground slope is sufficiently steep for 5-foot contours to show the surface configuration, the Approving Authority may permit use of the larger contour interval. Smaller contour intervals may be required where 2-foot contours do not indicate existing surface conditions. A general site location map shall be included with the preliminary plan for reference identification of the area. At least two white prints of the preliminary plan shall be submitted to the Approving Authority.

E. If a community water supply or community sewerage system is to be used in the development of any new subdivision, the record plat shall contain a statement, signed by the Approving Authority, to the effect that use of the community water supply or community sewerage system is in conformance with the county plan. The record plat shall also contain a statement, signed by the owner, that the facilities will be available to all lots offered for sale.

F. If a community water supply or community sewerage system is to be constructed to serve any new subdivision, the record plat shall contain a statement, in addition to the above, signed by the owner, to the effect that plans for the facilities, including any necessary point of discharge, have been approved by the Department of the Environment. The Approving Authority shall require of the owner any assurance he deems necessary that the facilities will be maintained and operated so as to provide for a continuous and acceptable water supply or sewage disposal service to the properties served.

G. If individual water supplies or individual sewage systems are to be used to serve any new subdivision, the preliminary plan shall show the proposed location of water supply wells, sewage disposal areas, location of percolation tests, and shall include the location of existing wells and sewerage systems located within 100 feet of the proposed subdivision boundaries.

H. All lots in a subdivision proposed for uses other than single family dwellings, such as churches, public utilities, shopping centers, multi-family dwellings and buildings, general commercial or industrial buildings, shall be designated for that use on the preliminary plan, together with scale dimensions and approximate area of each site. Where individual water supply or individual sewerage systems are proposed for the facilities, these sites shall be planned with due regard for the size of the system that will be required and the necessary land area which shall be provided for the installation and replacement of the systems.

I. Within 30 days after completion of the required tests and after consultation with other official agencies and review of all pertinent data, if the Approving Authority is satisfied that the site is suitable for the proposed water supply and sewage disposal installations, an approval to proceed will be issued. Lots may not be sold for purposes of construction or construction begun in any subdivision without the approval of the Approving Authority.

J. If a record plat is not filed within 6 months of the approval of the preliminary plan, the approved preliminary plan shall become null and void, provided, however, that extension may be granted at the discretion of the Approving Authority upon written request for not more than 12 months following the termination date of the preliminary plan.

K. A subdivision plat may not be recorded in the land record offices of this State unless it bears the signature of the Secretary or the Secretary's designee.

Md. Code Regs. 26.04.03.02

Regulation .02K amended effective February 24, 1986 (13:4 Md. R. 396)