Subdivision Regulations Rewrite
Public Hearing Draft Summary of Changes
Introduction
A comprehensive revision of Chapter 50, the Subdivision Regulations has been contemplated since the start of
the Planning Departments efforts to revise the zoning ordinance. We knew at that time changes would be
needed based on how the zoning ordinance changed. We also recognized that, even in the absence of a zoning
ordinance revision, it was time to review and update provisions of the subdivision ordinance that hadnt been
comprehensively looked at for more than 50 years.
The general objectives in rewriting the Subdivision Regulations were:
Modernize and clarify existing language
Improve organization and ease of reference
Codify current interpretations
Ensure consistency with new provisions of the zoning ordinance
Improve the efficiency of review
To meet these objectives, the organization and layout of the revised regulations has significantly changed and
the language of most provisions has been updated. For the most part, the updated language clarifies but does
not change the existing requirements; however, some changes in the requirements have been made.
The revised Chapter 50 reorganizes the existing Article and Section format to one that contains Articles,
Divisions and Sections. This document provides an outline of the provisions contained in each new Division,
and which sections of the existing ordinance that they came from. It also summarizes the changes made to the
provisions in each Division and discusses the most significant.
Article I. In General
This Article contains general provisions and requirements.
Division 50.1. Purpose
Combined previous purpose list (Sec. 50-2) into a consolidated purpose statement that retains the
important elements.
Division 50.2. Defined Terms
Added new section of rules for interpretation of the Chapter.
Modified the list of defined terms (Sec. 50-1) by clarifying existing language, removing terms that
duplicate the zoning ordinance definitions or that are not specifically used in the Chapter, and adding
new terms as needed.
Division 50.3. General Requirements
Retained previous requirements for applicability (Sec. 50-3), approving authority (Sec. 50-4), and
impacts to other ordinances (Sec. 50-5) with only minor language updates.
Placed emphasis on the fact that subdivisions of land must be recorded by plat prior to land transfer
(Sec. 50-8) and issuance of building permits (Sec. 50-20) by moving existing provisions to a new
section.
Modified the language of the existing exceptions to platting requirements (Sec. 50-9) provisions for
clarification. The section is now broken into subsections covering the types of land transfers that can
be done without a record plat, and uses that can receive building permits without being located on a
record lot.
Moved existing provisions for submission of subdivision plans (Sec. 50-23) to a new section under this
Division and modified the existing language for clarification.
Building permit language moved to Ch. 8 (50-20 and 50-32).
Significant changes made in this Division include:
Prohibiting the issuance of a building permit for a dwelling unit on unplatted parcels of agricultural
land that are less than 25 acres in size.
The current exception applies to land that is and will remain part of a farm, as defined in this chapter,
but that is used concurrently for a related use that requires a building permit. A farm is defined as a
tract of land, with or without associated buildings, that is devoted to agriculture, as it is defined in the
chapter. In the agricultural zone (AR), a problem is created by the existing language because it can be
interpreted to permit construction of a dwelling on a tract of land less than 25 acres in size which
violates the density requirement of the zone.
Permitting construction of one detached dwelling unit on a part of a previously platted lot that has not
change in size or shape since June 1, 1958, as anticipated by the new zoning ordinance.
Permitting the reconstruction of any existing detached dwelling under the new zoning ordinance.
Article II. Subdivision Plans
Article II now contains provisions for the different types of subdivision plans, instead of the record plat
provisions. This change was made because it reflects the actual order of the process. The types of plans
covered in the article are preliminary plans, pre-preliminary submissions, simplified subdivision plans, and
minor subdivisions. Simplified subdivision plans are a new plan type.
Division 50.4. Preliminary Plan
More clearly separated the plan drawing requirements from the requirements for supporting
information (Sec. 50-34)
Modified and updated the provisions for review and approval of preliminary plans, including
provisions for plan validity (Sec. 50-35), to clarify and provide better organization.
Modified the general standard for review of lot dimensions to include consideration of the applicable
requirements of Chapter 59 in addition to the recommendations of the applicable master plan.
Retained the requirement that all lots abut a road, but the road can now be either public or private.
Continue to permit a maximum of two lots without public or private road frontage on a shared
driveway, but added the requirement that the two lots include any existing lots to codify our current
interpretation of the existing section.
Language of the current requirements for providing public sites and open space areas (Secs. 50-30 and
50-31) has been modified for clarity, but not significantly changed except that the language covering
objection to required dedication was deleted because its not needed; the applicant can make their
case as part of review, and after decision, can file an appeal.
Eliminated road design standards that are out of date such as: planning secondary streets to
discourage use by nonlocal traffic; local bypasses around shopping centers; parallel streets with lots
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backing to major thoroughfares; and short culs-de-sac having terminal lots backing to major
thoroughfares.
Added provision that a subdivision with only one non-through road providing access must be limited
to a maximum of 75 lots.
Added minimum standard intersection spacing requirements for all road types, but retained the
provision that the Planning Board may specify different spacing than the standard.
The septic tier language was moved into the Water supply and sewage disposal facilities sections (5024, 50-27)
The requirement that public utilities be placed underground (50-40) was modified to apply to all
subdivisions rather than basing it on the number of buildings, but language was added that allows the
Planning Board to grant an exemption if it finds that underground placement is infeasible.
Modified requirements for environmental review (Sec. 50-32) to clarify that a Forest Conservation
Plan approval is required as part of approval of a preliminary plan.
Modified the provisions for residential cluster subdivision (50-39) to eliminate language that is out of
date and no longer necessary.
Significant changes made in this Division include:
Added application processing and hearing schedule that conform with the new zoning ordinance
requirements for site plan; including the requirement that a hearing date be established within 120
days of the acceptance of the application, with provisions for requesting extensions.
Added new requirements for the timing of agency plan review so that the 120 day hearing schedule
can be met.
Added new provisions to explicitly state which public agency approvals are needed before the
Planning Board may take action on a preliminary plan, and moved the review for conformance with
the States Sustainable Growth and Agricultural Preservation Act of 2012 (Sec. 50-35(e)) to the new
technical review section.
Added a list of specific findings that the Planning Board must make in order to approve a preliminary
plan. The findings generally codify the findings made currently in Board resolutions, with additional
language added to include a finding about the adequacy of roads.
Removed sediment control provisions that are now covered by Chapter 19 (Sec. 50-35(j)). These
included requirements that a preliminary plan approval be conditioned upon execution of an erosion
and sediment control plan approved by the Board after consideration of recommendations from the
Montgomery Soil Conservation District, that the permit for clearing and grading issued by the
Department of Permitting Services (DPS) be in conformance with this plan, and that the Board could
revoke a preliminary plan approval if a developer proceeded to clear and grade a site without a DPS
permit.
Review standards that form the basis for Planning Board findings (Secs. 50-24, 50-25, 50-26, 50-27, 5028, 50-29, 50-30, 50-31, 50-32, parts of 50-35, 50-39, and 50-40) are now consolidated in a new
Technical Review section.
Issue: The draft retains the existing provision that the Planning Board may find that events have
occurred to render the relevant master plan, sector plan, or urban renewal plan recommendation no
longer appropriate. The County Council discussed, but rejected a similar provision for the master plan
finding that is now required for site plans by the new zoning ordinance. Thus, the Planning Board will
not be able to find that a master plan recommendation is no longer appropriate for projects that
require both preliminary and site plan approval. Nonetheless, staff recommends retaining the
provision in the subdivision regulations for the projects that only need preliminary plan review. In
staffs opinion, the provision is needed because the development standards that apply to a preliminary
plan that doesnt go to site plan will not be as flexible as those for a site plan.
Modified the provisions for resubdivision by limiting the zones in which it applies to R-40, R-60, R-90,
R-200, and RE-1 zones, specifying that the criteria only apply to single family detached residential
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uses, and reducing the review criteria from the existing seven to the three specified in state law: lot
area, alignment, and frontage. Staff is requesting that the Planning Board provide guidance on
whether the review criteria should be expanded to include frontage, alignment, lot area, lot width,
and buildable area, or whether the resubdivision review should be eliminated entirely.
After discussion, the Planning Board concluded that the general requirements for lot dimensions in
Section 50.4.3.C.1.a provide a sufficient basis to judge the suitability of any subdivision, including a
resubdivision, and opted to remove requirements for a separate resubdivision analysis from the
Chapter.
Added new provisions for creating private roads to address what has become a common desire for
their use. The provisions include:
o Private roads created by subdivision must be platted in right of way parcels that are separate
from adjoining lots to maintain the Boards ability to ensure adequate space for road related
uses within subdivisions.
o Private road right of way parcels, like a dedicated public right of way, must be platted to the
full width of the right of way recommended for the applicable road classification in Chapter
49; however, the Planning Board may approve a narrower than standard right of way for
either type of road under certain circumstances.
The existing provisions for road right of way apply exclusively to public roads and require that
all roads be dedicated to the width specified by the applicable master plan or to the width
specified by Chapter 49 for roads that are not included in the master plan. The only discretion
currently granted to the Planning Board is for tertiary roads where the Board has the authority
to determine when they may be used, and when they can be narrowed for environmental or
compatibility reasons. In staffs opinion, the Board needs the flexibility to consider in all
instances, whether a narrower right of way is desirable and will not be detrimental to the
function of the road. The basic criteria for the Boards determination of right of way adequacy
has not changed (Sec. 50-30(c)).
o Private roads must be built to the applicable structural standard, grade, and typical section
based on the functional classification of the road in Chapter 49.
This is a change from the existing requirement that private roads only be built to meet the
structural standards of a tertiary road. This standard may have been adequate in the past
when the use of private roads was limited to RE-2C and RNC residential subdivisions and
townhouse developments, but now all types of roads are being created as private roads. As
such, the roads need to be built to all applicable standards to ensure that they function as
needed. The existing requirement that a registered engineer certify to the Department of
Permitting Services (DPS) that the private road has been designed, and will be built to
adequate standards has been retained, but this will need further discussion. DPS has stated
that they dont have the authority to review private roads in any way, and that they do not
currently ask for any certifications for private roads. If we are going to continue to allow
private roads, we need to ensure that they are adequate, so this is a major issue that needs to
be resolved. However, the requirement needs to be included regardless of who is ultimately
tasked with the review.
The Adequate Public Facilities Ordinance (50-20(c), 50-24(g), 50-35(k)) was clarified to state that
ancillary uses associated with religious institutions, such as schools, day care facilities, and clinics, that
generate peak hour trips are not exempted from adequate public facilities requirements.
The extension criteria for mixed use project in the Adequate Public Facilities Ordinance (50-20(c), 5024(g), 50-35(k)) was modified to be based on the number of vehicle trips generated.
Division 50.5. Pre-Preliminary Submission
Retains the basic concepts of the Pre-Preliminary Plan (50-33 and 50-33A), but is reorganized and
revised to clarify both filing and approval procedures
Modified language under approval procedures to clearly distinguish between advice only and binding
decisions for the Planning Board
Retains 90 day requirement to file a Preliminary Plan to retain approval of a binding decision
Division 50.6. Administrative Subdivision Plan
Entirely new section, created to allow for administrative approvals of simple, straight-forward subdivisions:
Proposed language establishes applicability, filing requirements, and approval procedures
Two minor subdivisions, previously included in 50-35A, were moved here with the idea that prepreliminary plans, by themselves, should not establish entitlements
Applies to existing places of worship and institutional uses (50-35A), creation of certain residential lots
located in the Agricultural Reserve Zone (50-35A), and creation of certain residential lots located in the
Residential and Rural Residential zones
Plans will go to DRC for agency and/or community comment
Director can approve or disapprove the plan in writing, or if applicable, schedule the plan for Planning
Board hearing
Plan follows procedures established for the Preliminary Plan if scheduled with the Planning Board
Division 50.7. Minor Subdivisions
Applicability
Procedure for Platting
Although the language and organization of this section (50-35A) was revised significantly, it retains
many of the previous concepts
Reorganized into two main sections, applicability and procedures for platting
8 proposed minor subdivisions:
o Minor lot line adjustment;
o Conversion of an outlot into a lot
o Consolidation
o Subdivision to reflect ownership
o Plat of correction
o Pre-1958 Parcels
o Combining a lot and adjoining property
o Creation of a Lot from a Part of a Lot
Procedures for platting remains unchanged
Significant changes made in this Division include:
Moved the minor subdivisions for creating private institutional lots and creating lots in the agricultural
zone to the Simplified Subdivision Plan process.
Deleted the minor subdivision that permitted platting of a parcel containing an existing dwelling under
the zoning standards in effect when the dwelling was constructed because the new zoning ordinance
no longer includes the provision to allow it. The provision was removed in favor of the more general
permissions to reconstruct existing dwellings in Chapter 59, Section 7.7.1.
Limit consolidation to one-family detached residential lots to avoid loss of potential road
improvements for non-residential lots that are going to redevelop and do an APF with site plan.
Article III. Plats
All of the provisions for plats have now been consolidated into this Article.
Division 50.8. Plats-Generally
Significant reorganization and revisions to the platting Article, primarily to update the language and
accurately and more clearly reflect the current practice and procedures for filing, reviewing, and
recording of plats.
Eliminated previous Secs. 50-10, 50-13, 50-18, 50-19 antiquated language
Eliminated previous Sec. 50-7, but combined the requirements for the county clerk to accept plats to
another section in a new Article covering plats
Eliminated previous Sec. 50-11 requiring the area of dedications to public use to be shown in square
feet, this requirement was added under new filing and specifications section for plats
Eliminated Secs. 50-16 and 50-17 regarding copies of plats previously filed and the effect of doing so
on instruments previously recorded (deeds, mortgages, etc.), incorporated into new minor subdivision
plat of correction to replace an old plat
Sec. 50-9 Exceptions to Platting Requirements were separated and moved to two new locations
Record Plat Required
Exceptions to the Requirements of the Chapter
Sections 50-7 Recording-generally, and 50-8 Same-Filing and approval of plats, were combined and
simplified into new general purpose statement under plats
Sections 50-36 Record plats Specifications and supporting data, and 50-37 Record plats Procedure
for approval and recording, were reorganized and revised significantly into a new section, which more
clearly separated the plan drawing requirements from the requirements for supporting information
Approval procedure provisions of Section 50-37 reorganized significantly and revised antiquated
language.
Recording procedure covered by Sections 50-12, 50-14, and 50-37 was significantly reorganized and
revised antiquated language.
Revised and simplified language for abandonment of land dedicated for public use Sec. 50-15.
Significant changes made in this Division include:
Added application processing and hearing schedule that conform with the new zoning ordinance
requirements for site plan; including the requirement that a hearing date be established within 120
days of the acceptance of the application, with provisions for requesting extensions.
Article IV. Administration
This Article now contains all administrative functions of the Chapter.
Division 50.9. Waivers from this Chapter
Changed the authority of the Board to modernize the language and remove the antiquated sections
regarding large scale development and moderate price development variations (previous 50-38(a)2
and 3) because they are no longer used and likely were enacted for specific projects that have long
since been developed.
Retained the application process.
The Planning Boards ability to condition a waiver remains.
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The procedure was modified to change the timing for comments from Development Review
Committee agencies from 30 days to 20 days. This change is necessary to fit within the overall 120 day
approval timing.
Significant changes made in this Division include:
Modified the findings to make them tangible and more easily applied to a specific project. The
modification specifies that the unique circumstances and practical difficulties are with the plan (not
that they exist and prevent full compliance with the chapter, which is harder to argue) and that
application of specific requirements of the chapter are not needed as long as the intent of the
requirements are achieved.
Division 50.10. Administrative Procedures
Maintained the Boards ability to adopt regulations to administer the chapter.
Retained the ability to establish adequate public facility guidelines through a subdivision staging
policy.
Retained the ability to establish a Development Review Committee composed of agencies to facilitate
plan review and updated the name.
Retained the ability to establish fees to cover administrative costs of the Chapter.
Retained the enforcement provisions of the Chapter.
Removed redundancies on how to amend the Chapter by citing to the applicable County and State
laws that govern the process.
Significant changes made in this Division include:
Expanded the Boards ability to require bonding and surety for all improvements, including private
streets. Retained the ability to have a public improvement agreement but removed the detailed
procedural process to simplify the provision and allow policy to set the procedure.
