Record Plat Review

Why is DPS approval of a Subdivision Record Plat required?

Chapter 50 of the MontgomeryCounty Code sets forth certain requirements which must be met as a condition of subdivision approval. These requirements are carried out via the record plat review process at DPS. Among these requirements are the owner’s certification statement, the surveyor’s certification, and, most importantly, that all public improvements will be guaranteed to the County's satisfaction prior to allowing subdivision of any land.

Typical public improvements include paved streets, storm drainage systems, sidewalks, streetlights, and may include other site-specific requirements. Approval of a record plat by DPS means that all transportation related rights of way and easements are acceptable and that all public improvements will be guaranteed, either by the posting of a construction bond by the developer, or in some cases by a legally binding Public Improvement Agreement (PIA).

What is the Application Process?

DPS approval is one step in the County's development approval process and occurs after the subdivision plats have been approved by the M-NCPPC Planning Board, but before final recording of the plats in the County land records. As part of the development approval process, the Department of Transportation (DOT) reviews and recommends approval of a Preliminary Plan of Subdivision, subject to certain transportation-access and drainage improvement requirements. These requirements are usually documented by letter from DOT to Planning Board staff at the reliminary Plan stage.

After the Planning Board approves, and staff certifies, the Preliminary Plan, a Record Plat submittal is made to the M-NCPPC where a Plat application number is assigned. Once that number is assigned, the consultant can then immediately submit their Record Plat package to DPS and the Department of Environmental Protection (DEP). Please see the Record Plat Approval Flow Chart. The DPS submittal package consists of two copies of the record plat drawing, a Record Plat Application, a Record Plat Review Checklist and all required supporting documentation.

Supporting documentation required varies with the complexity of the project (see Record Plat Checklist), but for projects going through the Preliminary Plan process, at a minimum, consists of the following:

• An approved Preliminary Plan,
• A copy of the DOT letter to Planning Board staff outlining DOT conditions for approval of the subdivision.

The Right of Way Permitting Plan Review Section of DPS receives the submittal package. If appropriate, staff will pass a copy of the plat to the Well and Septic Section of DPS for concurrent review. The consultant submittal to DEP is also concurrently reviewed. Comments from DPS, MNCPPC and DEP are transmitted to and addressed directly by the consultant. The DEP approval is transmitted to DPS. Once all comments are satisfied, the plat is scheduled for approval before the MNCPPC Planning Board and the Board Chairman signs the plat mylar. The mylar is then transmitted to DPS by the consultant for final review and approval. The approval signature of the DPS Director indicates that all transportation related requirements and any well and septic requirements have been satisfied. Once signed by the DPS Director, the plat mylar is transmitted by the consultant back to M-NCPPC for reproduction and recordation in the County Land Records.

What is the Cost for Subdivision Record Plat Review?

There is no up front cost to review and approve a Record Plat for a Preliminary Plan of Subdivision. However, there is often a permit (and bond) requirement to carryout roadway improvements within the public right-of-way prior to DPS approval of the subdivision record plat. The cost of the record plat review is recovered when the applicant applies for any necessary right of way construction permit and pays the associated fee.

Minor Records Plats do require a fee to be paid in accordance with Executive Regulation 6-11 at the initial submittal as they do not have any right of way construction permits associated with them.

How Long Does the DPS Approval of the Subdivision Record Plat Take?

The goal of DPS is to maintain average review times of two and a half weeks, or fewer. Actual review times vary according to workload, project complexity and other special circumstances. For projects involving significant roadway/drainage work, since review timeframes for record plats are typically less than the time required to obtain detailed grade establishment and/or storm drain/paving plan approvals, those applications should be submitted prior to submittal of the record plat.