WHY IS DPS APPROVAL OF A SUBDIVISION RECORD PLAT REQUIRED?

Chapter 50 of the Montgomery County Code sets forth certain requirements which must be met as a condition of subdivision approval. Among these requirements are the owner’s dedication statement, the surveyor’s certification that property markers will be set, 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 granted 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 Improvements Agreement (PIA).

WHAT IS THE DPS APPROVAL PROCESS?

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

After the Planning Board approves a record plat, the applicant or his engineer submits the original record plat with two copies, a completed Checklist for Record Plats, and any required supporting documentation to DPS. Supporting documentation required varies with the complexity of the subdivision, but, as a minimum, consists of the following:

• An approved Preliminary Plan, unless the subdivision is exempt from the Preliminary Plan requirement
• A copy of the DPWT letter to Planning Board staff outlining DPWT conditions for approval of the subdivison. The applicant should add appropriate margin notes to the letter, either indicating compliance with the requirements, or providing documentation that a requirement has been waived or modified by DPWT.

The Subdivision Development Section of DPS receives the review package and submits one copy of the plat to either the Department of Environmental Protection (DEP), if the project has public water and sewer, or to the Well and Septic Section of DPS for concurrent review. For projects using wells and septic systems, the signature of the Director, DPS indicates that all transportation-related requirements and well-and-septic issues have been resolved. For projects on public sewer and water systems, after the plat is signed by the Director, DPS, it is forwarded to DEP for signature. Since DPS and DEP reviews were initiated concurrently, this additional approval usually occurs within a few days of DPS approval.

WHAT IS THE COST OF A RECORD PLAT REVIEW?

There is no cost to review and approve the record plat, except that, in some cases, a permit to perform work within the public right-of-way is required prior to DPS approval of the subdvision record plat. Since review time for record plats is typically less than the time required to obtain a permit and post a bond, the required permit application should be submitted prior to submittal of the record plat.

HOW LONG DOES DPS APPROVAL OF THE RECORD PLAT TAKE?

The goal of DPS is to maintain average review times of two weeks, or fewer provided that all DPWT conditions have been met prior to submission of the record plat. Actual review times vary according to workload and other special circumstances.

WHAT ABOUT MINOR SUBDIVISION PLATS?

Plats which qualify as a minor subdivision under the Montgomery County Zoning Ordinance can generally be processed in one week or less, since, normally no new public-improvement requirements are placed on the subdivision. The submission package for minor subdivision plats needs to include an original plus two copies of the plat approved by the Planning Board and a copy of the record plat being revised, with all revisions highlighted.