Title 23. Subdivision — Subtitle 2. Plat Approval

The appropriate county planning board shall approve or disapprove a subdivision plat within 30 days after the plat is submitted to the county planning board.

If the county planning board does not take action in accordance with paragraph (1) of this subsection:

An applicant may consent to an extension.

The county planning board shall hold a hearing before taking action on a subdivision plat, unless:

At least 5 days before a hearing, the county planning board shall send notice of the hearing to the address included with the plat in accordance with subsection (b) of this section.

Subdivision regulations may include provisions for:

The subdivision regulations shall provide that before the county planning board takes action on a preliminary subdivision plan, the plan shall be referred to the County Executive for a recommendation as to whether public facilities are adequate to support and service the area of the proposed subdivision.

The County Executive shall return the preliminary subdivision plan to the county planning board with a recommendation of approval or disapproval based on:

This subsection applies to property that:

This subsection does not apply to a municipal corporation that exercises zoning, planning, and subdivision authority under Division I of this article.

The subdivision regulations and zoning law shall provide that, before any action is taken by the county planning board on an application for a preliminary subdivision plan, project plan, or site plan review for property described in paragraph (1) of this subsection, a copy of the application shall be referred promptly to the municipal corporation or governed district for review and comment.

If the municipal corporation or governed district chooses to comment, the municipal corporation or governed district promptly shall forward its written comments to the county planning board.

On referral of a preliminary plan proposing the resubdivision of residentially zoned property located in a municipal corporation or governed special taxing district, the municipal corporation or governed district shall make an initial determination whether to transmit a recommendation concerning the plan to the county planning board.

If the municipal corporation or governed district chooses to transmit a recommendation, the municipal corporation or governed district shall:

A recommendation transmitted under this subsection shall:

A municipal corporation or governed district may recommend denial of a plan under this subsection only if the municipal corporation or governed district determines that the plan does not comply with a particular provision of the subdivision regulations.

If a municipal corporation or governed district recommends denial of a plan, it shall transmit a written record of the hearing to the county planning board for inclusion in the record compiled by the county planning board.

A municipal corporation or governed district shall be considered to have waived its right to make a recommendation under this subsection unless it transmits its written recommendation and complete record, if required, to the county planning board within 45 days after the delivery of the plan and application by the county planning board.

A two–thirds majority vote of the members of the county planning board then present and participating is required to override a recommendation of a municipal corporation or governed district to deny a residential resubdivision application.

establish a time period within which the county planning board shall approve or disapprove a preapplication or preliminary plan submission; and

provide that an applicant may:

A preapplication or preliminary plan submission that has not been approved or disapproved in accordance with this section is considered approved.

If a preapplication or preliminary plan submission is considered to have been approved under this subsection, on demand, the county planning board shall issue a certificate of approval.

state the grounds for disapproval in the records of the county planning board; and

mail, postage prepaid, a copy of the record stating the grounds for disapproval to all parties of record at their last address.

The county planning board shall approve or disapprove a preliminary subdivision plan within 70 days after the complete plan application is submitted to the county planning board.

If the county planning board does not take action in accordance with paragraph (1) of this subsection:

The 70–day time period under paragraph (1) of this subsection does not include:

Each office to which the county planning board refers a preliminary subdivision plan shall return to the county planning board one copy of the plan and any comments noted on it within 30 days after the referral.

If an office does not reply in accordance with paragraph (1) of this subsection, the plan shall be considered to be approved by the office.

in the case of a minor subdivision, may be approved by the planning director and filed as the record plat; and

in the case of a major subdivision, may be required before the submission of a preliminary plan of subdivision.

be entered on the plat; or

entitle the plat to be filed or recorded.

Instead of requiring the completion of improvements or installation of utilities before the approval of a plat, the county planning board or county may accept security to secure the construction of improvements and installation of utilities at a time and according to specifications set by or in accordance with the subdivision regulations.

The county planning board or county may enforce the security by any appropriate legal or equitable remedy.

This subsection applies only in Montgomery County.

The county planning board, or a designee of the county planning board, may tentatively approve a subdivision plat subject to the completion of specified conditions.

A tentative approval of a subdivision plat under this subsection may not:

The county planning board, through its chair or a designee, may not endorse a subdivision plat that is subject to specified conditions before all the conditions are completed.

If all the conditions specified in the tentative approval are completed, a postcompletion hearing before the county planning board is not required before the subdivision plat is approved and submitted to the land records of Montgomery County.