Except as provided in subsection (b) of this section, the territorial jurisdiction of a planning commission over a subdivision is limited to land located in the local jurisdiction. In a local jurisdiction where a county has not adopted subdivision regulations, the territorial jurisdiction of a planning commission of a municipal corporation may include all land located up to 1 mile beyond the corporate limits of the municipal corporation that is not located in any other municipal corporation.

Before exercising subdivision powers under §§ 5–202 and 5–203 of this title, the planning commission shall recommend subdivision regulations to the legislative body. The subdivision regulations shall be for the health, safety, welfare, and common interest of the citizens of the local jurisdiction. The subdivision regulations may include provisions for the purposes of: adequately controlling shore erosion; controlling sediment and ensuring protection from flooding; arranging streets in relation to each other and to the comprehensive plan; adequately and conveniently placing public school sites and open spaces for traffic, utilities, access of fire–fighting apparatus, recreation, and access to light and air; properly managing growth and development; setting minimum lot widths and areas; and determining the extent to which the following actions shall be taken before the approval of a plat: the grading and improvement of streets and other ways; the provision of soil erosion or sediment control; and the installation of water, sewer, other utility mains, piping, or other facilities. Subdivision regulations shall require that an appropriate easement be provided for any burial site located on the land. The easement shall be subject to the subdivision plat for entry to and exit from the burial site by an individual related by blood or marriage or a person in interest, as defined in § 14–121 of the Real Property Article. The existing right–of–way need not be extended for any improvements on the burial site.

Before adoption of a subdivision regulation, the legislative body shall hold a public hearing on the subdivision regulation. The legislative body shall publish a notice of the public hearing at least once in a weekly or daily newspaper that circulates in the local jurisdiction. The notice shall contain: the text of the subdivision regulation or, at the discretion of the legislative body, a brief and accurate summary of the nature and contents of the subdivision regulation sufficient to inform an individual of ordinary intelligence of the nature and contents of the subdivision regulation; and the time and place of the public hearing. When the legislative body adopts a subdivision regulation, the legislative body shall file a certified copy of the subdivision regulation with the clerk of the circuit court in which the local jurisdiction is located for recording.

In this section the following words have the meanings indicated. “Community sewerage system” means a publicly or privately owned sewerage system that serves at least two lots. “Major subdivision” has the meaning stated in § 9–206 of the Environment Article. “On–site sewage disposal system” has the meaning stated in § 9–206 of the Environment Article. “Planning board” means a planning board established under this article. “Planning board” includes a planning commission or board established under Division II of this article or Title 10 of the Local Government Article. “Shared facility” has the meaning stated in § 9–206 of the Environment Article. This section applies only to a residential major subdivision in a Tier III area served by: on–site sewage disposal systems; a shared facility; or a community sewerage system. If a local jurisdiction establishes the growth tiers under Title 1, Subtitle 5 of this article, a residential major subdivision in a Tier III area may not be approved unless the planning board has reviewed and recommended the approval of the major subdivision in the Tier III area. Before recommending the approval of a proposed major subdivision in a Tier III area, the planning board shall hold at least one public hearing. The planning board shall conduct the public hearing in accordance with its rules and procedures. The review of a residential major subdivision by the planning board shall include: the cost of providing local governmental services to the residential major subdivision unless a local jurisdiction’s adequate public facilities law already requires a review of government services; and the potential environmental issues or a natural resources inventory related to the proposed residential major subdivision. The planning board shall recommend the proposed residential major subdivision by resolution of the planning board.

After a planning commission begins to exercise control over subdivisions under this subtitle, the authority of the planning commission over plats shall be exclusive within the territory under its jurisdiction. Unless otherwise provided in this division, all statutory control over plats or subdivisions granted by other statutes shall be considered transferred to the planning commission of the local jurisdiction.