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HomeMy WebLinkAbout19646 Received for Record July 1, 1970 at 2:17 P. M. Liber 1 SUBDIVISION ORDINANCE WASHINGTON COUNTY 'I MA R Y LA N D WASHINGTON COUNTY PLANNING AND ZONING COMMISSION HAGERSTCWN, MARYLAND I TABLE OF CONTENTS Page Enacting Clause and Title Section 1 - GENERAL 1 1.1 Intent and purpose of this ordinance 1 1.2 Who is affected by this ordinance 1 1.3 What is a Subdivision 1 1.4 Conditions under which requirements are relaxed 1 1.5 Assistance by County Engineer 3 1.6 Recording of Flats 3 1.7 Assessment of lots in a Subdivision 3 1.8 Appeal 3 1.9 Amendments 4 1.10 Validity 4 1.11 Violations and Penalties 4 1.12 Subdivisions adjacent to the City of Hagerstown and other incorporated towns 4 Section 2 - PROCEDURE FOR APPROVAL OF PRMINI IAP,Y SUBDIVISION PLAN 5 Section 3 - PRELIMINARY SUBDIVISION PLAN 6 Section 4 - PROCEDURE FOR APPROVAL OF FINAL SUBDIVISION PLAT 8 Section 5 - FINIAL SUBDIVISION FLAT 10 Section 6 - DESIGN STANDARDS 13 6.1 Streets 13 6.2 Alleys 14 6.3 Easements 15 6.4 Blocks 15 6.5 Lots 15 6.6 Subdivision names 16 Section 7,- REQUIRED PUBLIC IUUPROVEMENTS 7.1 Monuments or Markers 7.2 Utility and Street Improvements Section 8 - DEFINITIONS Appendix Excerpts'from the Annotated Code of Public General Laws of Maryland (1957) as amended. Article 17, Clerk of Courts - Sections 59, 60, 61, and 62 17 17 17 19 0 AN ORDINANCE Entitled SUBDIVISION ORDINANCE WASHINGTON COUNTY MARYLAND ENACTING CLAUSES AND TITLE Pursuant to the provisions of Article 66B of the Annotated Code of Public General laws of Maryland (1957) as amended, the County Commissioners of Washington County, Maryland hereby ordain that an ordinance entitled "Subdivision Ordinance, Washington County, Maryland" be and the same is hereby enacted and shall become effective on April 24, 1964 at 12:00:01 A.M. and with any amendments thereto subsequently enacted, shall remain in full force and effect until repealed, the said ordinance as presently enacted to read as follows: • SUBDIVISION ORDINANCE :WASHINGTON COL14TY MARYLAND Enacted by the County Commissioners of Washington County, Maryland March 24, 1964. Effective date 12:00:01 A.M. April 24, 1964. a • SECTION 1 - GENERAL 1.1 Intent and purpose of this ordinance The purpose of this ordinance i.s to provide for the proper arrangement of streets in new developments in relation to existing streets and to the adopte Major Road Plan; to insure proper constriction of such new streets and roads; to guarantee proper accommodation of surface drainage over lots and. accum- ulating on roads; to insure adequate and safe water and sewer services; to coordinate the operations of the County departments and other agencies•i_n- volved with land development; to reduce County expenditures necessary to dorrect substandard construction of publi:• imrrovemcnts; to p-.cvide for proper access of fire fighting equipment; to ;--ovine ciccula`.•ian for school bus routes and mail and other delivery services; to relir,•ve traffic congest- ion; to perpetuate high property values; and for sae general p;u,pose of guiding and accomplishing a Coordinated and harmonious development to Wash- ington County. It is the intent of this ordinance to accompli&' the object- ives listed above in as practical a way as possible. Proceedures have been made as simple as possible for the proper processing of plans. It, is the intent of these regulations to expedite and not hinder acceptable construct- ion. 1.2 Who is affected by this ordinance? On and after the effective date of this ordinance, any owner, developer or agent of or for any lot, tract or parcel of land situated within the limits • of Washington County, Maryland, except within the boundaries of incorporated municipalities; who subdivides the same as defined bel.w shall, present to • the Washington County Planning and Zoning Commission a Preliminary Subdivisio, Plan and a Final Subdivision Plat in accordance with the requirements of this ordinances 1.3 tdhat is a Subdivision? A Subdivision is the division of a part -;1 of land into three (3) or more lots or parcels for the purpose of transfer of ownership or building development, or, if a new street is involv:,d, 'ny division of .a•ptrcol of lrA; providod that a division of land into lots ox parcels of five (5) acres or more and not involving a new street shall not be deed a subdivision. The term in- cludes resubdivision end, when appropriate to the context, shall. relate to the process of subdividing or to the 7.an?. subdivided. This definition is not intended to include a testamentary division of land; a division of land upon dissolution of a bona fide partnership in existence for two of more, years; a division of land among the immediate members of a family for personal use, and not for deveiopment; or a division of land exclusivelyr for agricultural purposes. 1.4 Conditions under which requirements are relaxed 1.4.1 If the owner or tenant of the owner resides on a trcct of land being subdivided, the parcel of land on which the residence is situated shall not be considered as a lot or parcel of the subdivision in determining the number of lots created by the Subdivision. �t SECTION 1 - GENERAL (Continued) 1.4.2 If an owner or deve.loper intends to create no more than three (3) lots s.n a subdivision within any one year, the said owner or dev- eloper may submit two (2) copies of the plan £3 required and app- roved by the State Health Department to the Planning and Zoning Commission in lieu of the prelin}inary plan ani supplementary material called for by this ordinance. In the event that the State Health Department waives the requirement for such plan, written evidence of such waiver in lieu of said plan, shall be submitted to the Planning and Znni'.g Commission. Any additional information required by the Plan ' g and Ze,ping Comm5•:ion in order to review the•preliminary sabmisr`.or ds s> 'les;_:bed, will be verified by the County Engineer at no cctditiot.-1 cost to the developer. Final subdivision plats shall.:Je submitted .s spec- ified -by this ordinance, except that concrete monuments shall not be required as permanent markers if the plat is recorded with the deed as an exhibit. 1.4.3 In any subdivision where. each lot has en area of three (3) acres or ^tore, the requirr;,cents of paragraph 6.4.1 shell n•,t apnly and easements may be shown for ingress and egress pro"i,ii:.g a minimum total easement width of forty (40) feet in lieu of providing a public street and related public improvements as required by this ordinance and provided further that the developer furnish the Planning and Zoning Commission satisfactory evidence that he, his heirs and assig-s, will absolve Washington County from all imm- ediate and future responsibility with regard to the maintenance of ingress and egr:iis over the oasoments so established, and further that such responsibility be imposed by deed to the owner of the land upon which such easement is placed, and to his heirs and assigns. 1.h.4 Any plat of subdivision roecrde?.-among the Land Records cf Wash- ington County prior to the effective date of this ordinance shall - be accepted as valid and no further approval by this Planning and 'oning Commission shat' bc: required for the conveynnce of lots so shown, provided that buildi:a;; setback lines imposed by this ord- in.nna: shall be effective and shall apply to such subdivision, • notwithstanding such prior record.tion, unless construction prior to the effective date of this oreinance along the same side of the street within the boundary of the same block and within five hun- • dred (500) feet of the lot under consider^tion, pas established the front building line closer to the road center line than does this ordinance; and provided further that if such subdivision or any part therof is re -subdivided, all of the provisions of this ordinance shall apply to such re-suhdividnd arc&. 1.1.4.5 Wher' tha Planning and Zoning Commission finch that extraordinary hardships may result from strict compliance with those rogulaticns, or that existing topographic conditions or irregular shape of the property warrant:, a variance from these regulations, it may vary tho regulations so that substantial just+.ce may bo done and the public interest secured; provided ':ha', sh h variation will not have the effect of nullifying the intent and purpcee of thesa regulations. 11 S SECTION 1 - GEN4.RAL (Continued) 1.5 Assistance by County Engineer The County Engineer shall without charge assist any person interested in su'c- dividing by helping such pers,)n tr understand the meaning and application of the provisions of this ordinance, and shall aid such person in understanding how to most effectively and economically comply with any of the technical provisions of this ordinance. 146 Recording of Plats :146;l The final su4divisio,: plat,; or record plat, may be air of tho lots as shown by the preliminar;• plan, or vsy c,•nsisu .r only part of the lots as so shown, at the discretion of tl.-: developer. 1.6.2 No plat of subdivision as defined herein shall be accepted for filing or recorded by the Clerk of the Circuit Court of Washington County unless and until it shall have been submitted tt and approved by the Washington County Planning and Zoning Commission. Any plat of sub- division or dried fil.�d or recorded except as provided herein shall lo null, void and totally without force or effect, and such filing and recording shall be deemed a misdemeanor punishable -is provided for in Section 29y Title 3 of Ar?'•idle 66B of the Annotated Cade of Public General Laws of Maryland (1957) as amended. Transfer of lots or parcels in a subdivision as defined herein, by metes and bounds des- cription except for deed of trust or mortgage purposes, shall pot relieve the developer from complying with the rnquircmeaits of thih ordinance. 1.7 Assessment of lots in a Subdivisioo The filing of plans with the Planning and Zoning Commission 'shall not con- stitute a basis for a chahge of tax asseshment. When the final subdivision pint is filed with the Clerk of the Circuit Court for reooy<{ng, it becomes public information,, and at this time a print of the plat eo recorded is for- warded to the Assessor's office. 1.8 Appeal Appeal by any person aggrieved from any action of the Planning and Zoning Commissirn shall be to the Board of County Commissioners. The Board of County Commissioners shrill grant a hearing to the appellants within fifteen (15) days after receipt of written notification that such appeal is being taken. The Planning and Zoning Commission shall furnish the County Cornrn- issioners all data and information in connection with its official action, Within fifteen (15) days from the date of hearing of such appeal, the Board of County Commissioners shall notify the appellants and the Planning and Zoning Commission in mriting, of its action, Appeal from the action of' the Board of County Commissioners may be presented to the Circuit Court of Wash- ington County in conformance with the procedures of said Court, within thirty (30) days after such action by the County Commissioners. 12 SECTION 1 - Gt'f;ERAL (Continued) 1.9 Amendments The Board of County Commissioners may adopt amendments to the provisions of this ordinance if it is determined by the said Board, after public hearing and advance public notice of said hearing, that any such amendment will better the publicinterest and the general purpose of this ordinance. 1.10 validity_ If any section, subsection,, sentence, elau^r: or phraeo of this ordinance is, for any reason, held by a court of compet≥nt juri.sd_ctinn co be invalid, such decision shall not affect the validity of the eemain!ng portions of this ordinance. 1.11 Violations and Penalties Any violation of this ordinance or the reulations herein shall constitute a misdemeanor and shallbe punishable as provided for in Article 665, Title 3 Sections 28 and 29 of the Annotated Code of Public General Laws of .hryland (1957) as amended. 1.12 3ubra isions adjaceJt to the City of fia e.rstotm and other_t towns The developer shall submit one Cl) extra copy of nil plans prey rted to the :lannir and Zoning Comtaissi.cn for transmittal to the governing body of any incorporated City or torn adjacent to the proposed development for infor- mational purposes and cooperative consideration, 4 IM SECTION 2 - PROCEDURE FOR APPROVAL OF PPELIMINA:tY SUBDIVISION PLAN 2.1 Two (2) copies of the preliminary subdivision plan shall be submitted to the Planning and. Zoning Commission together with written application for approval thereof. 2.2 With application for preliminary approval the developer shall submit a letter from the County Roads Department stating that preliminary plans for the improvements have been approved, and a letter from the State Health Department stating that the method of water and sewer service as proposed by the preliminary plan is feasible and in. agreement with their plans for the area. If a private or public community system of water supply and/or sewage disposal is proposed the developer shall also submit letters from the 'Tashington County Sanitary Commission and/or the City of Hagerstown stating that such proposal is feasible. 2.3 Applications for approval of preliminary subdivision plans will only be accepted when all requirements in accordance with this ordinance with respect to material and data to he supplied have been met. 2.4 Following its review of the preliminary subdivision plan and related material the Planning and Zoning Commission shall express its approval in writing, stating the conditions of approval. if any, or if disapproved, shall express its Aisanpro'val and the reason therefor. The Planning and Zoning Commission shall approve or disapprove a preliminary subdivision plan within thirty (30) days after the scheduled Commission meeting follow- ing the date that the preliminary data is eligible for consider- ation, and if no such action is taken by the Planning and Zoning Commission within said thirty(30) days, said plan so accepted for consideration shall be considered as approved. The Commission shall hold its regular meeting on the first Monday of each month, a.dditi_onal meetings trill be scheduled on the third 'londay of the month when made necessary by uncompleted business at the regular meeting or additional applications accepted too late for action at the regular meeting. 2.5 The action of the Planning and Zoning Commission shall be noted on the two (2) copies of the preliminary subdivision plan and any conditions shall be attached thereto. One (1) copy shall be returned to the developer. One (1) copy shall be retained by the Planning and Zoning Commission. 2.6 Approval of a preliminary subdivision plan shall be valid and effective for a period of twenty-four (24) months after date of approval by the Planning and Zoning Commission, after which such approval shall become null and void, unless an extension of time is applied for and granted by the Planning and Zoning Commission. Extensions riay be granted for additional twelve (12) month periods. 5 14 SECTION 3 - PRELI flIARY SUBDIVISION PLAN 3.1 Preliminary subdivision plans may be prepared in pencil on tracing paper and shall be drawn to scale, preferably at one (1) inch equals one hundred (100) feet or one (1) inch equals fifty (50) feet. 3.1.1 All preliminary subdivision plans shall show the following basic information. a. The boundary lines of the property to be subdivided and the boundary lines of the tract or tracts from which it is taken, shall be shown by courses and distances. Courses and distances shall either be those obtained by survey or by deed description. Approximate acreage within the boundary lines of the property to be subdivided shall be shown. b. Contours of existing ground preferably at one or two foot intervals, but not, more than five foot intervals, covering area to be subdivided and one hundred (100) feet beyond such area. c. The approximate distance from a front corner of the subdivision to the nearest intersecting public road, measured along the road which said front corner is on. d. All existing platted streets, alleys, rights -of -way, and easements on or adjoining the tract, their names, width, whether private, city, county, or state, type and width of surfacing. e. The location and size of existing water lines, fire hydrants, sanitary and storm sewers. f. Existing development on the tracts, buildings, walls, fences and other features such as water courses, drainage structures, lakes, ponds, marshes, wells, underground tanks, power lines, poles, towers, wooded areas, etc. g. The names of adjoining subdivisions or owners of land, the layout of bordering blocks and lots and plat designation thereof. h. The name of the proposed subdivision; the election district; County and State; the names of the owner(s) proprietor(s) and developer; name of person preparing plan; date of plan; north point and graphic scale. 3.1.2 The preliminary subdivision plan shall show the following proposals: a. Streets: names, right-of-way and paving widths, reference to county typical section, approximate road grades; similar data for alleys, if any. b. Other proposed rights -of -ways or easements for utilities and drainage, their location, width and purpose. P. 15 SECTION 3 - PRflflIINARY SUBDIVISION PLAIS (Continued) c. Location of utilities with'tentative sizes. d. Lot lines, lot and block numbering or lettering, lot dimensions scaled to the nearest foot. e. Sites, if any, to be reserved for parks, playgrounds, schools or other public uses. f. Other reserved parcels, and purpose for which reserved. g. Sites, if any, for two (2) or multi -family dwellings, churches, shopping centers, commercial, industrial and other non-residential uses. h. Building lines. i. Site data, including number of residential. lots, mi_nimnn lot areas and areas in parks, schools, etc. i 7 16 0 SECTION h - PROCEDURE FOR. APPROVAL OF FINAL SUDDIVTSIOtd PLAT h.1 If desired by the developer, the fi::.1. sgbd.ivl:;ion plat may constit:.to only that portion of the approved prelimirtxy plan which he wichov to record find develop at the time. 1,.2 The developer also has the choice of whether to complete the improvements in the Section he intends to record prior to submitting the fi;,a1 plat for approval, or at the time of application for final approval furnishing sec- urity as described below, to insure that the improvements will be complete' after the final subdivision plat has been approved. It.?.]. If the developer intends to complete all :.r pax` ct t!'.a improvements prior to application for final approval, final p for the improv:- ments as shown by the approved prelimina,-- plan away be ,ubmitted to the agencies havin.- jurisdiction over these improvements and upon approval of these final plans the developer may install these i.mprorc ments. At the time -of application for final approval the developer shall then furnish the Planning and Zoning Commissi.on a letter from such agency or agencies that the improvements have been satisfactorily completed. h.2;2 For any public improvement required by this urdinan^e and not com- pleted as in paragraph L.2.] above, the developer bnall prepare fin•,1 plans for these improvements, and obtain approval of these plans by the agency or agencies having jurisdiction. At the time of applic- ation for approval of the final Subdivision plat the developer shai!. furnish written evidence to the Flanning and Zoning Commission that he has furnished such agency ox• agencies security and assurance which is reasonably sufficient, in to opinion of the Beard of County Co,.-,.- i.ssioners, to insure that s„ch improvements will be completed befc.^ occupancy of any lot served by such improvements. b.3 pp].ioatien for approval of the final subdivision plat shall he submitted ,r.++^it°ing, to the Planning and Zoning Commission at 'Least ten (10) clays prior tw'the meeting at which the said plat ib to be considered. Regular meetin:'3 of the Planning and Zoning Commission are held on the first Monday of each month. Additional meetings wi''; held on the third Monday of the month for action on applications accepter too late for consideration at the regal:r meeting. L.L Tw• (2) prints o£ the final sabdivici�n plar: shall be submitted with appli.: ation for final approval. u.5 Applications for approval of final subdivision plats will only be accepted when 'ill .requirements in accordauce with this ordinance with respect to material and data to be supplied have been met. t;.6 Within thirty (30) days after thq. fiche*lulcdL Ovnuciosi.on ns eeting followinc tho date that the application for final approval is o,cccrted, the M.h,nni;ig and Zoning Commission shall: a. Approve the final subdivision plat if the sane is in accord with the approved preliminary subdivision plcn and nas been prep•irod and sub- mitted in accordance with this ordinauen. The irivnmi.ug auci Zoning is:,- nissi.ou shall notify the devicelop r of :^,rL s D �.cCTh. • ,i SECTION I:CtkDU a2Hi ICR.?t t'f:GV.-L CW FIJ;iU. 3Uamv'-!nt: ?Li (Cent•ir.ud) b. Disapprove the final nub!ivision p1+tt. 0'j.. print ':ith roasonc fgr.disapprov.nl rttacheli tt.srnto will het rcitu•ned to the d"w.a- pori If the e9nditinns stated in the latter of dinnpprov^.'! are ,sir, the developer may ro-;ubmfl the final subdivision plat in aocordsance with the requ romentS of this Section. 14.7 .If no action is taken by the Planning and Zoning Commission wit.lHin the thirty (30) days mentioned in para12 graph .6 above, the final suhdivisi n plat will be considered as npprorcd. ht8 Following arproval of the final subdivision plat, tka Executive Socretary of the Planning and Zoning Commission shall sign the o:•iginal tracing wh'.n semi is presented by the developer. h,9 The owner, proprietor or agent shall then fib the required number of prints yith the Clerk, of the Circuit Court ofWashington County, provid d however that whore, th.. conditions of paragraph 1.11:2 of this ordinance arc npplicabi , the+ pint may hu r.cor'dod with. the derd as •m exhibit. A reproduciblu tracing and three (3) crints on taper else shill br. filed with th•:. Washina,ton C.aucnty Planning and 'Loni.ng Commission. )2.10 In the event that the required prints arc not filed with the Clerk• of the Circuit Court and a reproducible copy of the bri,;innl tracing with thee. (3) prints on paper delivered to the Plannin^, rand Zoning Cormisdian within int:ty (90) days from the date of the return of the original signal{ tracing, the apprrfval theteof chrl]. ha retrnkcd and the Clerk of the ( ai'cdib '.•,{trt ::.wtifiud of such .r vocet:ton of .nr.p oval. h.l.l Upon completitn of cimstruct,icn 01 311 public improvomvits in actor:L::;Lr, e<•ith this ordinance the dr•vslopor shall reo>A:st by letter to the County bonds psparttnt::it t'nai tho reeds be included in the. Count: Cyst•em. Upcit netl.f`i.cata,x • that the Board of Courtly Cc^arrinsiant)rh have apprcaraad such aeceptaros, the•: developer shall kw:p=;ru ..ind fon•Iard a de- d to the *nuity Co?i:rtissidtt il• c .for the read in which the can truction is t.ncllidod* Mph ' :L 18 S SECTION 5 - FINAL SUBDIVISION PLAT 5.1 The final subdivision plat shall be drawn in ink In tracing cloth on sheets eighteen (18) inches wide by twenty-two and three-nuarters (92&3/L) inches l.ne and the drpwing thereQq shall be no smaller than at a scale of on:. hundred (100) feet to one (1) tech. Withip the overall length there shall be left for binding purposes a clear margin one and one-half (1&z) inches in width along the left side of the eighteen (15) inch width. Where necessary, the plat may be on several sheets.. 5,1,1 The final plat shall show the following: a. All of the items required by Article 17, Section 60, of the Annotated Code of Public General Laws of Maryland (1957) as Amended. # b. Name. and width of -each street or other right-of-way. c. Location, width and purpose of any easements. r, d. Lots, parcels and blocks identified by -either number or` letter. e. Purpose for which sites, other than residential lots, are res- erved. f. Minimum setback building line on all lots and other sites. g; Names tf record owners of adjoining unplatted land, h. Reference to recorded subdivision plats of adjoini.t)g platted land by record name, date and number, j. Owners statcmment and engineerts certification as Pillows: .The following statement: "I (or we) (name), `wmer(s) of the property shown and de- scribed hereon, adopt this plan, of subdivision and reserve the fee simple title to the beds of the: alleys and str::ots and/or roads shown hereon until deeded to Washington County." (Omit following paragraph on exhibit plats) I (or we) also hereby certify that the requirements of sections 59 to 62 of Article 17 of the Annotated Code of Maryland (1957) as amended, have been complied with as far as they concern the making of this plat and the setting of the markers therein described. "Witness my (our) hand(s) and seal(s) this . .. day of 19 II Signature of owner (s) .. '-(SEAL) #.See Appendix It S SECTION 5 - FINAL SUADIVISION PLAT (Continued) Statement for Corporations (Same as foregoing form for individual except as indicated below) We, (insert name of corporation) , a (name of state) corporation, by (insert name) , President, (insert name) Secretary, owners of the property, etc., etc, Date Name of Corporation By Pros. Attest: r Secy. There are no suits or action, leases, liens, or trusts on the property included in this plan of subdivision, except the following: And all the honors and other parties in interest have below indicated their assent to this plan of subdivision. Witnessed: Date:--------------------- ------------------------------------$ -------------------------- ------------------------------------, -------------------------- ------------------------------------� -------------------- ----- -----------------------------------, -------------------------- (Note: Omit any wording which may not apply. In case the owner is unmarried this fact should be stated.) Surveyor's Certificate I hereby certify that the plan shown hereon is correct; that it is a subdivision of (part of or all of) the lands conveyed by (insert name of former owner) to (insert name o£ present owner) by decd dated, and recorded in the Land Records of Washington County, in Liber at Folio and that stones, marked thus: q and iron pipe and/or bars, marked thus: o have been placed as indicated. Signature 19 (Surveyor) Md. Registration Number Date: 11 517 SECTION 5 - rII{AL SUBDIVISION PLAT (Continued) k. A designated point or points in the boundary or boundaries of the original tract or tracts of land which constitutes the subdivision or of which the subdivision is a part with a reference or references to a deed or deeds recorded among the Land Records of Washington County containing a description by metes and bounds of the original tract or tracts, if such deed exists. Where a subdivision or section thereof adjoins another subdivision or subdivisions, at least one common point in each adjoining subdivision outline. 1. Title, scale, north point and date. m. Signed approval of State Health Department. n. Space for approval by Washington County Planning and Zoning Commission. 12 21 SECTIon 6 - DE$IG 1 STANDARDS 6.1 Streets 6.1.1 The arrangoraent, character, extent, ,iidth, ,made and location of all streets shall conform to the :Iajor Rend P1=n and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their a•)propriate relation to the proposed uses of the land to be served by such streets. 6.1.2 ?:here such are not shown on the Major Zoad Plan, the arrangomort of streets in a subdivision shall -pcovido for the continuation or approo- riate projection of e:dsting principal streets in surrounding areas. 6.1.3 Minor streets shall be so laid out that their use by through traffic will be discouraged. 6,1,2 Where a subdivision abuts or contains an ex-i,sting or proposed major or arterial highway, the Planning and Zoning Commission may require (marginal access streets or a reverse -frontage lot layout 'iith a non - access reservation strip at least ton (10) foot wide along the rear property line. Under other conditions, double frontage or reverse frontage lots shall be avoided unless topographic conditions prevent 'my other acceptable solution. 6.1.5 Street jogs with centerline offsets of loss than one hundred and twenty-five (125) feet shall be avoided. 6.1.6 A tangent at least one hundred (100) feat long shall bo introduced between rovorso curves on arterial and collector streets where practical. 6.1,7 llaon connecting street lines defloct from each other at any one poinor' by more than five (5) degrees, they shall be connected by a cuvvo with a radius adequate to insure a sight-distnnce of not loss than. two hundred (200) foot for miner and not less than.-th7reu ltuuctred (300) feet for collector streets. 6.1..8 Streets shall be laid out so. as to,+.ntdrsoe%c as noarly as possible at right angles, any no street ennll intersect nuy,othcr street at less than sixty (60) degrees, 6.1.9 Property lines at atreot iniersootions shall be rounded with .r radium of not loss than twenty-fiv'e (25) foot or comp'irnble cut-off$ or chords in place of rounded corners. 6.1.10 Street right-of-way widths shall be not loss than as follows: Street Iyroc R d Feet Street -i RAIFeet *Limited teas or Fiaf 60 Col: uc i,or L60 *14njor 60, Uinor, Coranorpi,.^l 60 *Arterial 6Q Snarl for Fasidcncos 50 Secondary 6o Marginal Access or *In accordance with adopted Service hands L.0 Major Highway Plan 13 22 SECTION 6 - Di5IGN STAR^&RDS (Continued) 6.1.11 Half streets shall h; nrohibite:j. 6.112 Cul-de-sac streets, designed to be so T,:rmanently, shall not he lon- er then six hundred (000) feet and shall be provided at the ciooed and with a turn -around having a street property line diameter of at least one hundred (ice) feet except that where total length is less than one hundred fifty (i50) feat sild diamoter shall be not less than eighty (80) feete 6.1.13 No street names shall be used *(:rich vi.li duplicate or be confused with the names of existing streots, except in the c' se of continuation • or projection of existing streets. 6.)..14 Street grades, wherever feasible, shall net exceed the fnhlo'wing: Street Y �e Percent Grade Street TYnne Percent Crade • Wtjor and Arterial 3 Collector •S'ebondary 5. Minor Residential 10 dlinor Commex'dial 6.1.15 No street grade shall be less than one.thal£ () percent, except for landing areas as described bexow. 6.1.1.0 Ali changes in street grad(, shall be cannected by vertical curves of a length to incur;. adequate sight .ictance but in no case shall sue)' vertical curve be less thnh We iundred (200) feet. Adequate 1•znding Areas with grades two (2) potdont oless and with a minimum length of fifty (50) feet shall he peovicec on any street intersecting with s collebtor street or county road; khd in the case of a State road, in accordance with the requirements of the Maryland State Roads Commission. 6.1.17 When lots are created continucust' a:on an existing road, and to avoid the blocking of access to the *.roperty at. the rear of these lots, future road or street reservation;: shall be provided at appro- priate locations brtwenn the lots en :r,nted. Future street reser- • vations shall. also be provided connecting interior reads in a sub- • division to adjoining undvelod 1cin1. 6.2 Alleys 6.2.1 Alleys shall .be provided in cvmmereial districts, except that the • P1nnnang and Zoning Commission may Kaivc this'requiremcnt where oihcr dofiritc and assured orovisinn is r;id;, for servi.ce access, such a s off-street loading, unl.o'tding and parking consistent with and ads v ttc for the uses proposed. Alleys in corrmt:roial districts shall have rigl;t-of-w'Ly width of at least twenty (20) feet, and shall have twenty (20) feet -cut offs at intersactione, 23 SECTION 6 - DESIGN STANDARDS (Continued) 6.2.2 Alleys in residential developments shall not be requi.'red unloss pro- posed lot grading or the exis'l;nee of some other physical feature prevents ingress and egress of vehicles for off-street parking from the front street, Alloys in residential areas shall have a right- of-way width of at least sixteen (16) feet, and shall have ten (10) feet cutoffs at intersections. 6.2.3 Dead-end alloys shall be avoided whom possible, but if unavoidable, shall be provided with adequate turn or hack -around facilities at the dead-end. 6.3 Easements 6.3.1 Easements across lots or centered on rear or side lot lines shall be provided for overhead and underground utilities where necessary and shall be at least sixteen (16) foot wide. 6.3.2 Where a subdivision is traversed by a water course, drnnage way, channel or stroam, there shall be provided a storm water easement or drainage right-of-way, conforming substantially with the lines of such water course. 6.4 Blocks 6.4.1 Btock,longths shall not exceed twelve hundred (1200) foot or be k ss than four hundred (400) feet. 6,4,2 'Block, depth shall be vuffi.r aut uoiwtx7.y to n17.u.i,.o..ta,crs of lots off appropriate depth. 6.4.3 Crosswalks, norL less than ten (10) feet wide, shall be regni:eerl when' doomed essential to provide for pedcstriai circulation or access•to schools, playgrounds, shoprnng; centers, trinsnorttrt ,era,:and other eormrnnity facilities. 6.5 Lots 6.5;1 Residential lots where not served by pabli.e water and/or public se+rcr shall have an area and frontage ;-vr•eting the roquiron:ents of the Maryland State Dcp=rtmont of Health. 6,5.2 Corner. lots for residential use shall have uxt.ra width to permit appropriate building setback from and. orientation to both streets. 6,5.3 The subdividing; of the land shall be such as to provide each lot, by moans of a public street er streets, with satisfactory access to nn existing public street except Znnder conditions mentioned in paragraph 1.4.3 of this ordinance. 6.5,4 Side lot lines shall ho substantial y at right angles or radial to street lines. 15 R 24 SECTION 6 - DESIGN STANDARDS (Continued) 6.5.5 Excessive lot depth ratio to,width..ahoitt . be ,avoid&A. A. ratio of .3.1 is a desirable ma4mum, 6t5.6 hiniau:n front•building setback linea moneured from the road center • line shall ba:, 1. Major highway 125 feet 2. Arterial highway - 100 feet 3. Secondary and Collector - 70 feet It. Minor - 55 feet 5. Servico Roads - 55 feet 6.547 Minimum side building setback lined measured from the road center line shall be.: 1. • M:; jar highway 1Gb feet 2. Arterial highway 75 feet • e Secppdary and Collector w 5b feet h; Minor h5 feet 5, Service Rads h5 feet 6.6 Subdivision names 6.6.1 Th': names of new:subdivisions sh:,ll not dupl{c'tte or too closely • approximate the names of existing, sub ivinionv in Washington County. Si 25 SECTION 7 - R QUfliED PUBLIC ma'ROV ENrS 7.1 Monuments or Markers 7.1.1 Monuments or markers as described and defined in Article 17, Section 60, of the Annotated Code of Public General Laws of Maryland (1957) as amended shall be placed, in the ground at not less th:m four (14) traverse points in the subdivision as provided for in the said Article and Section. 7.2 Utility and Street Im rovements 7.2.1 Utility and street improvements shall be provided in.ca-ch new sub- division in accordance, with the following: a. Street and alley grading and paving, ,curbs, gutters, sidewalks, storm drainage systems, and ditches 2hall meet the requirements of the Maryland State Roads Commission in cases where that agency has jurisdiction and in other cases shall meet the requirements of the Washington County Roads Department, Crce$tilks shall be provided with a four foot mirdman width of paving as approved by the Washington County Roads Department, b. Public Water and Sewer Service: 1, tlhere a public water main and/or sanitary sower is reasonably accessible, the developer shall. connect with such water main and/or sanitary sewer and provide a connection for each lot. Tho plans for the mains, pipes and appurtenances and the ins- tallation thereof shall be in accordance with the reaiirement•,, of the Washington County Sanitary Commission, the City of Hagerstown, or the Maryland. State Department of Health, as tLc case may be, or such other agency as may have jurisdiction. e. Private Community Water me Sewer Systems: 1. If it is intended to surve the development with a privately owned water and/or so'acr system, the plans for such system . the construction thereof stall conform to the requirements of the Maryland St-a.e Health Dopartr:ent and the Washington County Sanitary Cotmussiort. d. Individual Lot Water Supply and Sewage Disposal Systems: 1. Construction of individual. systems (septic tanks, field drain.;, wells) shall not necessarily be completed at the time that thct Final Subdivision Plat is presented to the Planning and Zoni-w Commission for approval, and approved security of an amount necessary to construct these installations, shall not be re— quired from the developer. llotrevor a).1 requirements of the State Health Department shall be followed and the Final Sub— division Plat shall boar the signed approval of the Stato Health Department on submission to the Planning and Zoning Commission. Also a co' of the letter of approval furnishod the developer, as mentioned in the Health Department Re,ul:t- ions, shall bo submitted to the Planning and Zoning Commission, l7 SECTION 7 R2QUIR3D PUBLIC IiPRO\7EtiE!ITs (Continued) 7.2.2 The developer shall not be required to donate the right-of-way or bear the cost of street or highway grading, paving, curbs, gutters or sidewalks for any expressway, limited access, or non access highway upon which access is denied to the lots along said highway. The developer she].! not he reonirec1 to bear the cost of storm drainage systet , cul'9e;:-.s, ditches, water mains, or sanitary sewers in these ;non access streets or highways unless such con:jtruction is necessary for the proper operation of the public improvements in his Subdivision as shown by the preliminary plan. ET S SECTION 8 - DEFINITIONS Alley: A right-of-way less than thirty (3O) feet in width, designated as an alley on a plat recorded in the Land Records of Washington County, or dedicated as such in a deed. Block: Grouping of lots unseparated by streets, parka, main waterways or other natural barriers, or subdivision boundary lines. Block Length: Normally, the distance measured along the front lot lines from one end of a block to the other, except on a side of the block that has been established by tha lot depth as defined below, Block Depth: Normally; the.lot depth when rear lni; lines are along bound- ary line of subdivision, or some natural bn:rier. Where lots back on each other facing near parallel streets, the distance between these .street .lines. Building Line (Set Back Line) (Building Restriction Line): Line beyond which the foundation wall and/or any enclosed porch shall not project: e Developer: An owner or proprietor, whether individual, partnership, syndicate or corporation or however otherwise designated (or agent of any of the foregoing), that undertakes the activities covered by these regulations, including the preparation of a subdivision plat showing the layout of street, blocks, lots, etc., and the public improvements included therein, The term "developer" includes also the terms "subdivider", "owner" or any of the foregoing dasignnt- ions thereof. Easement:A strip of land extending along a property line or across a lot reserved or granted for a specific purpose or purposes. Improvements, Public: Any of the following: survey monuments; street paving; with or without curbs and gutters; sidewalks; walkt:ays; water mains; sanitary sewers; storm drains or ditches and appurt- enant structures or construction. Lot: A portion of a subdivision, or other,. parcel of land, intended for ` building development, whether immediate or future. Lot, Front of: The side or sides of an interior cr through lot which abuts a street, in a corner lot the shortcst.line that abuts a street. When lines abutting the strectc ,^.rc of equal lt:ugth, the lot shall be considered, to fn:et on thnt Street Imvi.ng the toi,gcr block frontage. Planning and Zoning Commission: The Washingt,6h •Cou:rty--P:Lsiihing aqd 7ntu.ng Commission or its authorized representative. Right -of -Way: A strip of land between property lines used or to be nsed' as a street, alley, walkway, utility strip, drninai'c channel or other access. 27 S S) TION 2 - DEFfltITION5 (Continued) Street: A right-of-way for vehicular and/or p dustrian traffic ti'hethor desig- nated as a freeway, expreas•ay, highway, street, parkway, road, avenue, boulevard, lane; way, place or ho'aever otherwise designated, excluding alleys, casements and wilkways. Streets, Limited"Access or Controlled Access: Streets and highways (includ- ing freeways, expressways and express parkways) which are generally inter -community, inter -urban or interstate, intended for fast or heavy traffic, to which abutting property his no right of access except at designated points. Street, Major, Arterial and Scondary: Streets and highw'r.;s used primarily for through or heavy traffic, as shown on the Major Road Plan adopted by the Washington County Planning and Zoning Commissign. Strept,,Collector: Street which carries traffic from the minor or local streets of a subdivision, cowmwiltr or neighborhood to the major., arterial or secondary nyntem of st'eots and highways. They include the principal entrances streets of a subdivision and tha priueip3l. streets for circulation within such a development. ' Street, Minor or Local: Street used prbieti)*y for access. to abutting }a•op• orties and rot intended for through traffic. Street, Cut -de -sic: A minor street with only one outlet, with a tui.r-»r•,ic,c' at one end for vohiclen. ;Stregt, Marginal Access or Service Road: A street generally p•irallol and adjacent to an art.-orial 3trez,t, major highway, ireeww_y, e q>rec sway or other limited or controlled access route, vhici: provides direct acct°.sa to abutting properties and to the suhdivi-son and is seprtr`ed from the heavy or "through" traffic lanes b•, a physical separation or ba.rr.icr. Street, V:idth: The shortest dist.ann..2 between street lines measured across the street right-of.-w.ty. Subdivision: See paragr'zph 1.3 of this ordinance. Walkway: A minor w'ty intended primarily for rxtdestrian& and excluding jartcr-drivcn vehicles. 20' 29 tddendum No. 1 Subdivision Ordinance No^emher 17, 1964 1. The following Section shall be added to the Subdivision 0^dipa;ce for Washington County, Maryland SECTION 9 Town Houses and Camping Sites 9.1 The Subdivision of land for the purpose of creating Town Houses or Camping Sites shall conform to all provisions and requirements of the Washington County Subdivision Ordinance with the following exceptions: 9.1.1 Town Houses or Planned -Unit Development a. For the purpose of this Ordinance, Town Houses or Planned Unit Developments are intended to mean multi -family units offered for sale rather than rental to the individual occupants. Any other type of planned development providing a plot of ground to each individual owner snail not be classified as a Town House or Planned Unit Development and shall be subject to all the requirements of a subdivision as specified in the Subdivision Ordinance. b. Paved Off-street parking spaces shall be provided. Two car space.- shall be provided for each living unit. Size of parking areas shall provide for adequate turning movement of cars. c. The requirements of paragraph 3,1.2 d are waived d. Delete paragraph 6.1.10 and sutstttuta the .Collating, paragraph-: Street right -Sway widths shall bo, than follows: Street Type R/14 Feet Street Tyye T Feel: * Limited Acex-a . or I xpressway 350 Ct1ector �p # Major 15o Minor, Commercial 60 # Arterial 100 Miner; for Res;.dcctcss 60 Secondary CO Marginal Access or * In accordance with adopted Service Roads 40 Major Highway Plan 3 2 s ^e. The requirements of paragraph 6.L2 are waived f. In paragraph 6.5.3 gubatitute the word "parking area" for the word g. Delete paragraph 6.5.4 in its entirety h. Delete paragraph 6,5.5 in its entirety i. In Section 6, Definitions, delete the definitions for "lot" and "Lot; Front of"i Any reference tc a lot in the Subdivision Ordinance zs applied to a plan for Town Houses is intended to refer to the living: unit area to be s,lc'. individually or in the case of eodperative ownership; the private area of eabh individual or family having membership thereof. 9.1.2 Camping Sites at Camping Sites, as referred to under this section are intended to mean parcels of land `offered for sale to individual parties upon which no permanent or temporary building of any kind; is ever intended to be constructed. Shelters, open to the weather, shall not be considered as buildings; This provision shall be noted on the final plan. b. Paragraph 2.2 is not applicable C. Paragraphs 3.1.2 g and h are not applicable d. Paragraphs 4.2, 4.2.1, and 4.2.2 are not applicable e. Paragraph 4.11 is net applicable f. Paragraph 5.1.1 f is not applicable g. In paragraph 5.1.1 j delete reference to alleys and streets in owners statement h. Paragraph 5.1.1 m is not applicable i. Delete paragrarl;s 6.1.3 to 6.1.10 incl. ip its entirety j. Delete paragraph 6,,],.12 • k. ieleto r lyngiay h G.l..l.;, t o 6.136 ?,A, 1. Delete paragraph 6.4 •pk. Telete paragraph 6.4 n. Delete paragraph' 6.5 o. Paragraph 7.2, .r.d. ?.£..1 d, nrii, apply F7 3 9.1.3 Summary The adjustments for Town Houses or Planned -Unit Developments listed in Paragraph 9.1.1 above provide that the same submissions be made to the Planning Commission as in the case of a lot Subdivision except that the requirements that each ownership adjoin a public street are waived and other provisions to accommodate car parking are added. Also due to the resulting ownership of the land adjacent to streets built within, such a development, which may present a problem in the future when ultimate construction is contemplated, the developer is required to provide the required Right -of -Way for the anticipated construction at the time the plans are presented for approval. The adjustments listed in Paragraph 9.1.2 above to provide for sale of lots not intended to be built upon require that the same submissions be made to the Planning Commission as in the case of any other Subdivision, so as to have a record of where these developments are, but that due to the fact that permanent occupancy of the land is not intended, the require- ments of providing certain public imprevevmuts, n:una]y dater supply, sewage disposal and unproved road. are waived. 31 32 APPEND+IX EXCERPTS from the Annotated Code of Public rraneral Lows of Maryland (1957) as amended ARTICLE 17 -Clerk of Courts ection 59 Whenever the owneror owners of land in the State of Maryland shall subdivide their lands for town or villa sites, streets, avenues, lanes or alleys and lots and shall desire for the purpose of description and identification a plat of said subdivision to be made to be recorded among the land recortis of the county or city in which the land is situate, the Clerk of the Circuit Court of the county or city is hereby directed to receive and record the same as hereinafter directed, but tho said clerk shall not receive for record nor allow to be recorded in his office auy such plat until the recpiireneuts hezeJ,tr1TtaC prescribed stall have tv:ezi vomplicd with. Sedtion 60 Such plats must be drawn accurately to scale and maybe -made on a good quality of tmoing linen or be blueprints or blue or black tine prints on linen; shall con- tain the courses and distances of all the outline or perimeter of as much of the whole tract proposed to be subdivided as is shown on the plat, and on all roads, streets and avenues. Where the alleys and lot lines shown on the plat are not parallel with the roads, streets and avenues, the courses and distances of such lines shall be put on the plat. ' The radii and chords of all curved lines shall be shown on the plat by courses and distances and their tangent points located by the coordinates hereinafter defined. The plats shall show a meridian line drawn through one of the corners of the outline or perimeter of the whole tract and another line drawn at right angles to said meridian through the same point. The meridian so drawn shall be either a true meridian or the magnetic meridian of the date of the plat and so marked on the prat. From the said meridian and right angle line, all the courses and distances and coordinates shown on the plat shall be calculated. The coordinates shall be the distance of a point from each of the two lines drawn through the corner of the outline as above directed, measured on lines parallel with said meridian and said right angle north or south, east or west of said corner, and these distances shall • be marked on the plat as the points where the coordinates are required by Sectio;.s 59 to 62. The plat shall show the coordinates for each corner of each avenue, r'.ad or street intersection, and the tangent point of all curved lines shown on the saic plat; and shall show accurately the dimension of each lot. No distance on the plat shall be marked more or less except on lines which begin or terminate or bind on a marsh, stream or any body of water. 33 The plat shall show the position by coordinates of not ie:s than four markers set in convenient places on the subdivision in such manner that from the position of one marker the position of one other marker will be visible. These markers shall be made of hard durable stone or concrete, three feet of which shall be planted into the ground. From these markers, commonly called "traverse points", all corners and lines can be readily calculated and marled on the ground. If the subdivision lies in an area where a traverse or coordinate system is already established and the traverse points of said system can be fuund and used, such points s• used and the coordinate values thereof shall be naa-ked on the plat, then the meridian courses and distances and coordinates required by Sections 59 to 62 shall be shown on the plat in accordance with those of the already established traverse or coordinate system and no markers will be required; but all other requirements of Sections 59 to 62 shall be complied wkth. A certificate stating that the requirements of Secti 59 to 62 as far as it concerns the making of the plat and setting of the markers has been complied with, shall be put on the•plat and signed by the owner or owners of the land shown there- on. The plat shall be signed and sealed by a register;d land surveyor. Section 61 The maker of the said plat or plats, when the same shall be presented for record, shall furnish the Clerk of the Circuit Court two copies of such plat or plats and shall pay to the clerk a fee of $5 for each plat so offered. Ono copy shall be by said clerk securely fastened in a bock provided by said clerk for tha: purpose or recorded in the manner provided by law for the filing and recording ^f such plat. One copy shill promptly be sent with one -.half of the filing fee to the Commissioner of the Land Office who shall number and file the same as part of the substance records of his office and shall notify the clerk of the number so given. In any county in which a copy of such plat is required by law to be filed for the use of the Supervisor of Assessments, the maker of said plat shall furnish. an additional copy thereof to the clerk for such purpose. The Commissioner of the Land Office shall furnish free of cost to any of the supervisors of assessments of this State a copy of such plat on request. Nothing in this section shall affect any recording fee of the Clerk of the C-." t under any local legislation prcccribing recording fees of plats of suhdiv- The several clerks aforesaid and the Concuissioner of the Land Office shalt Lu.y accurate memoranda of said filing Sac in accordance with the provisions of Section 198 of Article 41, Section 62 (Refers to microfiJ nirg)