Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 04 - REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE › Chapter 26.04.03 - Water Supply and Sewerage Systems in the Subdivision of Land in MD › Section 26.04.03.02 - Submission of Plans and Procedures for Securing Approval

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