US Lawyer Database

Section 5-105 – Existing Platting Statutes

    (a)    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.     (b)    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 […]

Section 5-201 – Final Plat Approval — Procedure and Effect

    (a)    (1)    (i)    Subject to paragraph (2) of this subsection, if an applicant has complied with all subdivision regulations, a planning commission shall approve or disapprove a final plat within 30 days after the applicant submits the final plat to the planning commission.             (ii)    If the planning commission does not approve or disapprove the plat within 30 days, the […]

Section 5-202 – Final Plat Approval — Filing

    (a)    This section applies only where a legislative body has:         (1)    adopted the transportation element of the comprehensive plan of all or part of the territory within its subdivision jurisdiction; and         (2)    filed a certified copy of the plan with the clerk of the circuit court of the county in which all or part of the territory is […]

Section 5-203 – Final Plat Approval — Delegation

    (a)    A planning commission may authorize an administrative officer to approve subdivision plats and site plans under § 5–202 of this subtitle in accordance with nondiscretionary criteria adopted and specified by local law.     (b)    The administrative officer shall approve a plat by indicating an approval in writing on the plat.

Section 5-204 – Tentative Plat Approval

    (a)    A planning commission may provide in the subdivision regulations or practice for tentative approval of a plat before completion of improvements or installation of utilities.     (b)    Tentative approval of a plat shall be revocable and may not be indicated on the plat.     (c)    (1)    Instead of requiring the completion of improvements and installation of utilities before the final […]

Section 5-301 – Sale or Transfer of Lots in Unapproved Subdivisions

    (a)    (1)    Except as otherwise provided in §§ 9–603, 9–806, 9–1004, 9–1605, and 9–1606 of this article, an owner or agent of an owner of land located within a subdivision may not transfer, sell, or agree to sell land by reference to, exhibition of, or other use of a plat of a subdivision before the plat has […]

Section 5-302 – Recording Unapproved Subdivision Plat

    (a)    A clerk of the circuit court for the county in which the local jurisdiction is located may not record a subdivision plat unless the plat has been approved by the planning commission for the local jurisdiction in the manner required by law.     (b)    A subdivision plat that is recorded without the required approval is limited to […]

Section 5-401 – Authorized

    (a)    A legislative body may authorize judicial review by the circuit court of any matter arising under this title.     (b)    The judicial review shall be in accordance with Title 7, Chapter 200 of the Maryland Rules.     (c)    A judgment of the circuit court under this section may be appealed to the Court of Special Appeals.

Section 5-104 – Major Subdivision — Review

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Community sewerage system” means a publicly or privately owned sewerage system that serves at least two lots.         (3)    “Major subdivision” has the meaning stated in § 9–206 of the Environment Article.         (4)    “On–site sewage disposal system” has the meaning stated in § 9–206 of the Environment Article. […]

Section 5-101 – Powers

    (a)    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.     (b)    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 […]