HomeMy WebLinkAbout19703-B ZONING & PLANNING
WASHINGTON COUNTY
SUBDIVISION ORDINACE
1970
STATE OF MARYLAND
SUBDIVISION ORDINANCE
WASHINGTON COUNTY
MARYLAND
1970
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TABLE OF CONTENTS
PAGE
ARTICLE I
- INTENT, PURPOSE AND ADMINISTRATION
101.
Short Title ............................. ............. 1
102.
Intent and Purpose ......................'............. 1
103.
Administration of Regulations ........................ 1
104.
Jurisdiction ......................................... 2
105.-
Application .......................................... 2
106.
Subdivision of Record ................................ 2
107.
Modification ......................................... 2
108.
Assessment of Lots in a Subdivision .................. 2
109.
Appeal ............................................... 3
110.
Amendments ...................... 0.............. 0..... 3
111.
Validity.............................................3
112.
Violations and Penalties ............................. 3
113.
Availability of Documents ............................ 3
114.
Repeal ............................................... 4
115.
Saving Clause ........................................ 4
116.
Enactment ............................................ 4
ARTICLE II - DEFINITIONS
201. General .............................................. 5
202. Terms Defined..........................0............. 5
ARTICLE III - PROCEDURE FOR SUBMISSION OF SUBDIVISION APPLICATIONS
301. Method ............................................... 14
302. Optional Consultation ................................ 14
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PAGE
303. Preliminary Plat Application ........................ 14
304. Preliminary Plat .................................... 15
305. Form of Plat Submission ............................. 15
306. Information ......................................... 15
307. Title and Description ............................... 16
308. Other Preliminary Plat Information 18
309. Preliminary Plat Approval ........................... 19
310. Final Plat .......................................... -20
311. Form of Submission .................................. 20
312. Information ......................................... 20
313. Final Plat Approval.................................23
314. Recording ❑f Final Plat 24
315. Guarantee of Public Improvements
prior to Recording Final Plat ....................... 24
ARTICLE IV - DESIGN PRINCIPLES AND STANDARDS
401. General ............................................. 25
402. Streets and Highways ................................ 25
403. Minimum Widths of Rights of Way ..................... 26
404. Building Setback Lines .............................. 28
405. Street Layout and Design ............................ 29
406. Control of Flood Plain Areas and Unsafe Land ........ 36
407. Non -Residential Subdivision ......................... 38
408. Parking ............................................. 38
ARTICLE V - NEW SUBDIVISION TECHNIQUES
501. Residential Cluster Subdivision ..................... 40
502. Planned Residential Unit Development or Open
Space Community.....................................41
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503. Town House Subdivision ............................. 44
504. Mobile Home Park and/or Mobile Home Subdivision .... 45
505. Procedure for Approving New Subdivision
Techniques ......................................... 48
ARTICLE VI - STREET AND UTILITY IMPROVEMENTS
601. Requirements ....................................... 52
602. Minimum Standards for New Street and Highway
Construction ....................................... 53
603. Pipe Standards and Sizes ........................... 53
604. Storm Drainage.....................................53
605. Public Utilities ................................... 55
606. Monuments and Markers .............................. 55
607. Curbs and Gutters .................................. 56
608. Sidewalks .......................................... 56
609. Street Name Signs .................................. 56
610. Completion ......................................... 56
611. Water and Waste Water Facilities ................... 57
612. Percolation Tests .................................. 61
613. Individual Wells ................................... 62
614. Public Sewerage....................................63
ARTICLE VII - CERTIFICATES
701. General ............................................ 64
702. Certificate of Approval ............................ 64
703. Land Surveyor's Certificate ........................ 64
704. Legal Description of Dedication .................... 65
705. Owner's Certificate of Dedication .................. 65
PAGE
706. Certificate ❑f Approval of Water and Sewage
System..............................................66
707. Corporation Certificate of Dedication ............... 66
708. Other Certificates .................................. 67
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ARTICLE I
INTENT, PURPOSE AND ADMINISTRATION
101. SHORT TITLE
This Ordinance shall be known and cited as the
Washington County, Maryland Subdivision Ordinance, as amended.
102. INTENT AND PURPOSE
The purpose of this Ordinance is to provide for the
orderly arrangement of streets in new developments in relation to
existing streets and to the adopted or approved Official County
Highway Plan; to insure proper construction of such new streets and
roads; to guarantee proper accommodation of surface drainage over
lots and accumulation on roads; to insure adequate and safe water
and sewer services; to co-ordinate the operations of the county
departments and other agencies involved with land development in
accordance with the Plan now or hereafter adopted to reduce county
expenditures necessary to correct substandard construction of public
improvements; to provide for proper access of fire fighting equip-
ment; to provide for the equitable distribution of the costs and
benefits of public works and facilities. Circulation for school
traffic
liver
bus routes, mail and other delivery services; to relieve e
congestion; to perpetuate high property values; and for the general
purpose of guiding and accomplishing co-ordinated and harmonious
development in Washington County. It is the intent of this ordi-
nance to accomplish the objectives listed above in as practical a
way as possible to promote the health, safety and general welfare
of the present and future population of Washington County.
Procedures have been made as simple as possible for the proper pro-
cessing of plans. It is the intent of these regulations to expedite
and not hinder acceptable construction.
103. ADMINISTRATION OF REGULATIONS
These subdivision regulations shall be administered
by the Washington County Planning and Zoning Commission. All appli-
cations, fees, maps, and documents relative to subdivision approval
shall be submitted to the Washington County Planning and Zoning
Commission hereinafter referred to as the Commission.
104. JURISDICTION
The provisions of these regulations shall apply to
all lands within Washington County, Maryland except land within
municipal corporations.
105. APPLICATION
No land within Washington County, outside incor-
porated jurisdictions shall be subdivided, nor shall any lot be
sold or building erected in a subdivision as herein defined, until
a plat of the subdivision is approved by the Commission and the
plat properly filed and recorded by the Clerk of the Circuit Court
for Washington County, Maryland. In their interpretation and
application, the provisions of these regulations shall be held to
be minimum requirements, adopted for the promotion of the public
health, safety, and general welfare. Whenever, the provisions of
these regulations are at variance with the requirements of any other
lawfully adopted rules, regulations, ordinances, deed restrictions
or covenants, that provision which is more restrictive or imposes
higher standards or requirements shall govern.
106. SUBDIVISION OF RECORD
Any plat or subdivision recorded among the Land
Records of Washington County prior to the effective date of this
Ordinance shall be accepted as valid and no further approval by the
Commission shall be required for the conveyance of lots so shown.
107. MODIFICATION
Where the Commission finds that extraordinary hard-
ships may result from strict compliance with these regulations, or
that existing topographic conditions or irregular shape of the
property warrants a variance from these regulations, it may vary the
regulations so that substantial justice may be done and the public
interest secured; provided that such variation will not have the
effect of nullifying the intent and purpose of these regulations.
108. ASSESSMENT OF LOTS IN A SUBDIVISION
The filing of plans with the Commission shall not
constitute a basis for a change of tax assessment. When the final
subdivision plat is filed with the Clerk of the Circuit Court for
recording, it becomes public information, and at this time a print
of the plat so recorded is forwarded to the County Assessor's office.
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109. APPEAL
Appeal by any person aggrieved from any action of
the Commission shall be to the Board of County Commissioners.
The Board of County Commissioners shall grant a public hearing to the
appellants within fifteen (15)days after receipt of written notifi-
cation that such appeal is being taken. The Commission shall fur-
nish the County Commissioners all data and information in connection
with its official action. Within fifteen (15) days from the date of
hearing of such appeal, the Board ❑f County Commissioners shall
notify the appellants and the Commission in writing, of its action.
Appeal from the action of the Board of County Commissioners may be
presented to the Circuit Court of Washington County within thirty
(30) days after such action by the County Commissioners. Such appeal
shall be taken according to Article 666, of the Annotated Code of
Maryland (1957) as amended.
110. AMENDMENTS
The Board of County Commissioners may adopt amend-
ments 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 public
interest and the general purpose of this Ordinance, as defined in
Article 668, of the Annotated Code of Maryland (1957) as amended.
111. VALIDITY
If any section, subsection, paragraph, sentence,
clause or phrase of this Ordinance is, for any reason, held by a
court of competentjirisdiciton to be invalid, such decision shall
not affect the validity of the remaining portions of this Ordinance.
112. VIOLATIONS AND PENALTIES
Any violation of this Ordinance or the regulations
herein shall constitute a misdemeanor and shall be punishable as
provided for in Article 668, of the Annotated Code of Maryland
(1957) as amended.
113. AVAILABILITY OF DOCUMENTS
The following documents are available for inspection
in the Planning and Zoning Office during ordinary business hours:
The Maryland State Roads Commission's
Specification for Materials, Highways,
Bridges and Incidental Structures.
The Washington County Specifications
for Road and Street Improvements and
Drainage.
The Washington County Health Department
Regulations governing water supply and
sewerage systems in the subdivision of
land in Maryland.
Check lists for Preliminary and Final
Plan applications.
114. REPEAL
Subdivision Ordinance entitled Subdivision Ordinance,
Washington County, Maryland, enacted by the Board of County Commis-
sioners of Washington County, Maryland March 24, 1964. Effective
date 12:00:01 a.m. April 24, 1964, and all amendments thereto are
hereby repealed. All other ordinances or laws in conflict with the
provisions of this Subdivision Ordinance or inconsistent with the
provisions of this ❑rdinance are hereby repealed to the extent
necessary to give this Subdivision Ordinance full force and effect.
115. SAVING CLAUSE
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Any prosecution arising from a violation of any
Ordinance repealed by this Subdivision Ordinance which prosecution
may be pending at the time this ❑rdinance becomes effective, or any
prosecution which may be started within one (1) year after the effec-
tive date of this Ordinance in consequence of any violation of any
Ordinance repealed herein, which violation was committed prior to
the effective date of this ❑rdinance shall be tried and determined
exactly as if such Ordinance had not been repealed.
116. ENACTMENT
This Ordinance shall be in full force and effect
from and after this date.
ENACTED THIS 8th DAY OF SEPTEMBER , 19 70
EFFECTIVE DATE 3:03 P.M. SEPTEMBER 8, 19 70
ATTEST:
W. Carlton Parsley, Clerk
Board of County Commissions
of Washington County
Lem E, Kirk, Pres dent
Board of County Commissioners
of Washington County
ARTICLE II
DEFINITIONS
201. GENERAL
For the purpose of these regulations, the following
terms, phrases, words and their derivations shall have the meaning
given herein. Words used in the present tense include the future,
the singular number includes the plural and the plural is the
singular. The word "shall" is mandatory and the word "may" is
permissive. The words "used for" shall include "arranged for",
"designed for", "intended for", "maintained for", "constructed
for", or "occupied for". The word "Person" shall mean natural
person, joint venture, joint stock company, partnership, association,
club, company, corporation, business trust or the manager, leases,
agent, servant, officer ❑r employee of any of them. The word "Land"
shall include water surface and land under water.
202. TERMS DEFINED
1. Alley
A right of way other than a street which
provides service access for vehicles to the
side or rear of abutting property.
2. Bench Mark
A monument for which an accurate elevation
has been established and shown on the plat.
3. Block
Grouping of lots unseparated by streets, parks,
main waterways or other natural barriers, or
subdivision boundary lines.
4. Cluster
The development of land by clustering varying
lot sizes with the terrain left open between
and among the built-up clusters.
5. Board of County Commissioners
The Local Legislative Body of Washington
County, Maryland.
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6. Building Setback Line
The line indicating the minimum horizontal
distance between the right of way of any
street, and a part of any building, except
an save or cornice overhang not exceeding
four (4) feet.
7. Commission
The Washington County Planning and Zoning
Commission.
8. Comprehensive Development Plan and/or County
Development Plan
See Plan. Definition #38
9. County
Washington County, Maryland
10. County Engineer
The duly designated County Engineer of
Washington County, Maryland.
11. County Health Department
The Washington County Health Department.
12. Dedication
The deliberate dedication of land by the owner
for any general and public uses, reserving to
himself no other rights that such as are com-
patible with the full exercise and enjoyment
of the public uses to which the property has
been devoted.
13. Development
Any activity, other than normal agricultural
activity, which materially effects the existing
condition or use of any land or structure.
14. Developer
Any individual, firm, association, syndicate,
co -partnership, corporation, trust or any other
legal entity or agent thereof commencing
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proceedings under this Ordinance to effect a
subdivision ❑f land hereunder for himself or
for another, and while used here in the mascu-
line gender and singular number it shall be
deemed to mean and include the feminine ❑r
neuter gender and the plural number whenever
required. The term developer is intended to
include the term subdivider.
15. Drainage and Flood Control Plan
The County Drainage or Flood Control Plan or
element thereof now or hereafter approved by
the Washington County Board of County Commis-
sioners.
16. Easement
A grant by the property owner of the use of
land by the public or corporation or persons
for specific uses and purposes.
17. Flood Plain
An area which would be under water as the
result of the largest rainfall during a
fifty-year period.
18. Half or Partial Street
A street, generally parallel and adjacent to
a property line, having a lesser right of way
width than normally required for satisfactory
improvement and use of the street.
19. Improvements
Improvements shall mean storm sewers, sanitary
sewers, water supply lines, streets, curbs,
gutters, gas lines, electricity lines, water
lines, septic tanks, wells, walks and/or other
accessory works and appurtenances.
20. Interior Walk and/or Crosswalk
A right of way for
from a street into
to another street.
pedestrian use extending
a block or across a block
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21. Jurisdiction
The territory of a county or municipal corpora-
tion within which its powers may be exercised.
22. Lot
The tract within a subdivision marked by the
subdivider as a numbered, lettered or other
identified tract to be offered as a unit of
land intended for building development whether
immediate or future.
23. Lot, Reversed Corner
A corner lot, the side street line of which is
substantially a continuation of the front lot
line of the first lot to its rear.
24. Lot, Double Frontage
A lot the opposite ends of which abut on streets.
25. Lot, Front
The line separating the lot from the street. F
In the case ❑f a corner lot, the owner may se-
lect either street lot line as the front lot
line.
26. Lot, Depth
The mean horizontal distance between the front
and rear lines of a lot.
27. Lot, Width
The horizontal distance between the side lines
of a lot or lots measured at the mid -points ❑f
the side lines.
28. Local Executive
The chief executive of the political subdivision
whether the official designation of his office
be elected county executive or Executive Head,
Mayor, City Manager, or similar term.
29. Local Legislative Body
The elected body of a political subdivision
whether known as county commissioner, or
county council, city, town, or village council,
or similar terms.
30. Map
Plat.
31. Non-residential
A use other than residential.
32. Official County Highway Plan
That part of the Plan for Washington County,
now or hereafter adopted, which includes a
major arterial street and highway plan and
sets forth the location, alignment, dimensions,
identification, and classification of existing
and proposed streets, highways, and other
thoroughfares.
33. Ordinance
This Ordinance and all subsequent additions or
amendments thereto.
34. Owner
The individual, firm, association, syndicate,
co -partnership, corporation, trust or any other
legal entity having sufficient proprietary
interest in the land sought to be subdivided to
commence and maintain proceedings to subdivide
the same under this Ordinance.
35. Owner's Surveyor
The Licensed Surveyor registered and in good
standing with the Maryland State Board of
Registration who is the agent of the owner of
the land which is proposed to be subdivided or
which is in the process of being subdivided.
36. Performance Guarantee
Any security which may be accepted by the
Board of County Commissioners in lieu of a
requirement that certain improvements be made
before the Planning and Zoning Commission
approves a plat, including, but not limited to
performance bonds, escrow agreements and other
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similar collateral or surety agreements with
surety to be approved by the Washington County
Board of County Commissioners.
37. Person
A corporation, firm, partnership, association,
organization or any other group acting as an
estate unit, as well as a natural person.
38. Plan
The policies, statements, goals, and interrelated
plans for private and public land use, transpor-
tation and community facilities documented in
texts and maps which constitute the guide for
the areas future development. For the purposes
of this definition the word "Plan" shall include
General Plan, Master Plan, Comprehensive Plan,
Community Plan, and the like as adopted.
The foregoing applies to those elements adopted
by the Washington County Board of County Commis-
sioners from the effective date of said adoption.
39. Plat
A map, plan, chart or drawing indicating the
subdivision or resubdivision of land filed or
intended to be filed for record.
A. Preliminary Consultation. A preliminary
sketch plan of the proposed plat showing the
subdivider's desires in regard to the future
development of land for informal considera-
tion by the Planning and Zoning Commission.
B. Preliminary Plat. A tentative map indicating
the subdivision of land, prepared in accor-
dance with the requirements of this Ordinance
as a basis for consideration prior to the
preparation of the final plat.
C. Final Plat. The final map or plan which
legally describes the subdivision of land,
containing a detailed plan of the property,
giving all dimensions, angles and bearings,
together with such -information, statements
and certificates as required by this Ordi-
nance, and presented to the Planning and
Zoning Commission for approval, and which if
approved will be submitted to the County
Clerk of Washington County Circuit Court for
recording.
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40. Recorder
The County Clerk of the Washington County
Circuit Court.
41. Residential
The term residential or residence is applied
herein to any lot, building or portion thereof
used exclusively for dwelling unit and/or rental
sleeping unit occupancy, including concomitant
uses.
42. Right Of Way
Land reserved for use as a street, alley,
interior walk, pipeline, drainage channel
or for other public purposes.
43. Specifications
• The County Specifications for Road and Street
• Improvements and Drainage adapted by Washington
• County.
44. State Health Department
Maryland State Department of Health and Mental
Hygiene.
45. Street and/or Road
A public right of way, intended for vehicular
traffic, including freeways, expressways, arte-
rials, parkways, thoroughfares, collector
streets, local streets, cul-de-sacs, marginal
access streets, avenues, boulevards, roads,
lanes and other public ways, with the exception
of alleys and as now or hereafter or otherwise
designated.
46. Street Classifications
A. Freeway or expressway system provides for
the expeditious movement of large volumes
of through traffic between areas and/or
across, around or through urban and county
areas. A freeway or expressway is a
divided highway with full control of access
A freeway abutting land. will have
complete separation of conflicting traffic
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flows while an expressway may have a few
or n❑ grade separations and may be a stage
development toward a freeway. In urban
areas both will normally be a portion of a
system or network of freeways.
8. Major arterial system provides for traffic
movement between areas, and across portions
of the urban areas, providing direct ser-
vice to principal generators connecting
to the freeway -expressway system and secon-
darily for direct access to abutting land.
Major arterial streets are therefore sub-
ject t❑ necessary regulations and control
of parking, turning movements, entrances,
exits and curb use. Major arterial streets
are often divided highways and may have some
control of access. The individual major
arterial streets combine to make a system
for city -county wide traffic movement.
Geometric designs may vary widely in the
city and county but the function remains
the same.
C. Collector street system provides direct
service to residential areas from major
arterial streets and highways for traffic
movement within neighborhoods and for
direct access to abutting property.
Collects local traffic from the neighbor-
hoods and delivers it to the nearest major
arterial highway.
D. Local street system provides for direct
access to residential, commercial, indus-
trial or other abutting land for the local
traffic movements and connects to collector
and/or major streets.
E. Marginal access or service streets - Minor
streets parallel with and adjacent to major
arterial streets which provide access to
abutting properties and protection from
rapid through traffic.
F. Cul-de-Sacs - Short streets having one end
open to traffic, the other end being per-
manently terminated by a vehicle turn
around.
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47. Subdivision ❑f Land and Subdivide
Subdivision means the division of a lot, tract,
or parcel of land into two or more lots, plats,
sites, or other divisions of land for the pur-
pose, whether immediate or future, of sale or
of development. It includes resubdivision and,
when appropriate to the context, relates to the
process of resubdividing or to the land or
territory subdivided, as defined in Article
668, of the Annotated Code of Maryland (1957)
as amended.
Commentary
"This definition is not intended to include a
division of land among the immediate members of
a family for personal use and not for develop-
ment; a division of land upon dissolution of
a bona fide partnership in existence for two
or more years; or a division of land exclusively
for agricultural purposes and not for develop-
ment."
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ARTICLE III
PROCEDURE FOR SUBMISSION OF SUBDIVISION APPLICATIONS
301. METHOD
The procedure for obtaining approval of a subdivision
plat consists of the following three steps:
1. Optional Consultation;
2. Preliminary Plat Review and Approval;
3. Final Plat Review and Approval.
302. OPTIONAL CONSULTATION
The owner or owners proposing to subdivide or plat
land into a subdivision may consult with the Planning and Zoning
Commission of Washington County, Maryland before submitting an
application for plat approval. This step does not require formal
application, fee or filing of plat with the Commission. It is
suggested that at this consultation a Sketch Plan of the proposed
plat, containing the following information be presented to the
Commission.
1. Proposed layout of streets, lots and other
elements basic to the proposed use in rela-
tionship to site conditions.
2. Proposed methods for handling sewage disposal,
• drainage, water supply and other utilities.
The Sketch Plan may be a pencil drawing superim-
posed upon a print of a'topographic survey of the area proposed
• to be platted or may be in any other graphic medium and form
containing the above information.
303. PRELIMINARY PLAT APPLICATION
1. A developer or subdivider desiring approval
• of a plat of a subdivision or re -subdivision
any land lying within the jurisdiction of
of
Y 9
'i Washington County, shall submit a written
application for approval and eight (8) copies
of a Preliminary Plat of the subdivision in
,) accordance with Section 307 hereof, to the
Commission for tentative or conditional
approval prior to the submission of a Final
Plat.
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2. No land shall be subdivided unless adequate
access to the land over approved streets or
thoroughfares exists or will be provided by
the subdivided or if such land is considered
by the Commission to be unsuitable for such
use by reason of flooding or improper drainage,
geological structure, topography, or any
other feature harmful to the health, safety
and general welfare of present and future
residents of Washington County.
304. PRELIMINARY PLAT
The Preliminary Plat shall be prepared to meet the
minimum requirements as detailed under Article IV, Page No. 25,
Design Principles and Standards and Article VI, Page No. 51 Street
and Utility Improvements of this Ordinance.
305. FORM OF PLAN SUBMISSION
Preliminary Plats may be prepared in pencil on
tracing paper and/or print and shall be drawn to scale, at one
(1) inch equals one hundred (100) feet or one (1) inch equals
fifty (50) feet.
306. INFORMATION
The Preliminary Plat shall include the following
information:
1. Vicinity Plan - A vicinity plan drawn to a
scale of not less than 1,nOO feet to one inch
showing the approximate relationship of the
plat to its general surroundings and showing
the following details.
A. Existing or mapped streets within one
thousand (1,000) feet of the subdivision.
B. Proposed streets with connection to
existing streets.
C. Proposed direction of flow for storm
water in relation to natural drainage
channels to extent known to developer.
D. Municipal boundaries within one thousand
(1,000) feet of the tract if known to
developer.
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E. Major water and sewer lines within one
thousand (1,000) feet of the tract.
If connection to site is proposed, only
those necessary for such connection need
be shown to extent known to developer.
307. TITLE AND DESCRIPTION
The Preliminary Plat shall include the following:
1. Contents
A. Proposed name of subdivision. The name
shall not duplicate, be the same spelling
or alike in pronunciation or phonetically
with any other recorded subdivision.
, Location by tax map number, election
district, county and state, or by other
legal description.
C. Names and addresses of the owner; sub-
divider if other then the owner.
2. Existing Conditions
A. Boundary outline of proposed subdivision
indicated by a heavy line with bearings
and distances and the approximate
acreage. Survey may be tied into
Maryland State Grid System or equivalent.
B. Location, width and names of all existing
or prior platted streets or other public
streets, railroad and utility rights of
way, parks and other public open spaces,
and municipal corporation lines within
or adjoining the tract to extent known
to developer.
C. Utilities on and adjacent to the tract:
location, size and invert elevation of
sanitary, storm and combined sewers;
location and size of water mains;
location of fire hydrants, utility lines
and street lights; if water mains and
sewers are not on or adjoining the tract,
indicate the direction, distance to, and
size of nearest water mains and sewers
showing invert elevation of sewers to
extent known to developer.
W.
D. Existing contours with intervals of
not more then five (5) feet where the
slope is ten percent (10%) or greater
and not more than two (2) feet where
the elope is less than ten percent
(10%). Elevations shall be based an
U. S. Coast and Geodetic Survey or
equivalent adjusted datum if practi-
cable.
E. Subsurface conditions on the tract,
location and results of tests made to
ascertain geological structure, ground
water conditions; depth to ground water
unless test pits are dry at a depth of
five (5) feet.
F. Other conditions on the tract: water
courses, high water line of any water
courses on the property, marshes, rock
outcrop areas showing an the surface of
the land, wooded areas and other signi-
ficant features.
G. Other conditions on adjoining land within
100 feet; approximate direction and
gradient of ground slope, including
any embankments or retaining walls;
character and location of private sewer
systems within 100 feet of the sub-
division boundary, railroads, utility
lines, towers and other nearby non-residen-
tial land uses or adverse influences;
owners of adjoining unplatted land; for
adjoining platted land refer to subdivision
plat by name recorded to extent known
to developer.
H. Proposed public improvements; highways or
other major improvements planned by public
authorities for future construction on
or near the tract, as they may be known
to owner.
I. In case of replat, all descriptive lines
of the original plat being vacated shall
be shown by thin dotted lines in their
proper position in relation to the new
arrangement of the plat, the new plat
being clearly shown in solid lines so
as to avoid ambiguity or confusion.
3. Proposed Conditions
A. Streets: names, rights of way widths.
G. Other rights of way or easements; location,
width and purpose.
C. Location of utilities, if not shown on
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❑ther exhibits.
D. Lot lines, lot numbers and block numbers
E. Sites, if any, desired by developer to be
reserved for parks, playgrounds, ❑r other
public uses.
F. Sites, if any, for multi -family dwellings,
shopping centers, churches, public
utilities, industry or other non public
uses, exclusive of single-family dwellings.
G. Minimum building setback lines.
H. Site data, including number of residen-
tial lots, type, lot size, and acres in
parks, open spaces or school sites if
applicable.
I. Title, scale, north arrow, and date.
J. Parcels of land to be reserved for public
use or set aside for the use of property
owners in the subdivision. Land to be
dedicated for parks or other public uses
shall be set forth and shown on the plat
under the appropriate heading such as
"Parks"; "Out Lot", or "Out Lot for Public
Use" and shall be used for no other
purpose.
308. OTHER PRELIMINARY PLAT INFORMATION
1. The Preliminary Plat shall be accompanied
by profiles showing existing ground surface
and proposed street grades, including exten-
sions for a reasonable distance beyond the
limits of the proposed subdivision; typical
cross sections of the proposed grading, road-
way, pavement and sidewalk; and preliminary
plans of proposed sanitary and storm water
sewers with grades and sizes indicated;
where required proposed locations and
type of sewage disposal facilities. All
engineering documentation shall be reviewed
by the County Engineer, or any other agency
having direct interest in the installation
of the above mentioned service.
2. The developer or subdivider shall submit to
the Commission eight (8) copies of the plan
and supplementary documentation for transmittal
to each and any of the following agencies when
such agency has a direct interest in the
18
installation or maintenance of utilities,
roads or other public services which will
serve the subdivision for their review and
recommendation with respect to approval of
the plan:
A. Washington County Sanitary Commission.`
B. Washington County Health Department.
C. Washington County Engineer.
D. Maryland State Roads Commission as to -'
right of way requirements and access to
state roads.
E. Any municipal corporation to review subdi-
vision or re -subdivision plans contiguous
to such municipal corporation.
F. Utility Companies.
G. Washington County Board of Education as to'
school site planning.
H. Washington County Soil Conservation District
as to erosion, and sediment control.
Other agencies may he added to the above list
at the discretion of the Commission to protect
the public health, safety and general welfare
of the present and future population of
Washington County.
Each agency to which the Preliminary Plat has
been referred for review shall return one
copy, of the plat to the Commission with its
recommendation noted thereon.
309. PRELIMINARY PLAT APPROVAL
1. The Commission will act either to: approve,
conditionally approve or disapprove the Pre-
liminary Plat within sixty (60) days.
Approval is tentative involving the general
acceptability of the layout submitted and
shall in no way constitute approval of the
Final Plat. It shall be effective for a
maximum period of two (2) years.
A. Approval shall be noted by the Commission
signing two copies of the Preliminary
Plat, one of which shall be returned to
the subdivider and the second retained
by the Commission.
19
B. If the Commission disapproves the Preliminary
Plat, it shall set forth the reasons for
disapproval in its records and provide the
applicant with a copy.
C. Conditional approval of a Preliminary Plat
shall state the conditions or modifications
necessary to satisfy the requirements of
this Ordinance.
310. FINAL PLAT
The Final Plat shall conform substantially to the
approved Preliminary Plat and it may constitute only that portion
of the approved Preliminary Plat which the subdivider proposes to
record and develop at the time, provided that such portion con-
forms with all the requirements and standards of this Ordinance.
The approved Preliminary Plat may be submitted as the Final Plat
if it meets the necessary requirements of this Ordinance.
311. FORM OF SUBMISSION
After approval of the Preliminary Plat by the
Commission a fulfillment of the requirements of these regulations,
four (4) black line or blue line reproductions of the Final Plat
of the subdivision shall be submitted to the Commission along with
one (1) reproducible transparency, ten (10) days prior to the date
of the meeting at which it is to be considered by the Commission.
The Final Plat shall be legibly drawn in black waterproof ink on
tracing cloth or equivalent. The scale shall not be smaller than one
inch equals one hundred (100) feet and the size of the sheet shall
be eighteen (18) by twenty-two and three quarters (2234) inch including
a one and one-half (11) inch margin for binding along the left edge.
When more than one sheet is required, an index sheet of the same
size shall be submitted showing the entire subdivision drawn to
scale.
312. INFORMATION
The Final Plat which may include all or only a
portion of the approved Preliminary Plat shall contain the following
information:
1. Name of subdivision.
2. Location of subdivision by tax map number, election
district, town,, place or other legal description
as applicable.
3. Accurate outlines of any area to be reserved
for common use by residents of the subdivision
or for general public use with the purposes
indicated. thereon.
20
4. Lots numbered in numerical order. In tracts
containing more than one block, the blocks
shall be lettered in alphabetical order.
If a re -subdivision of lots occurs in any block,
such re -subdivided lots shall be numbered
numerically, beginning with the number following
the highest lot number in the block and the
original lot lines dashed and original lot
numbers dotted.
5. Area of each lot, parcel or other unit shown on
the plat.
6. Name and address of owner of the land and name
and address of the developer or subdivider if
different from that of the owner.
7.. Scale shown graphically and numerically,
north point, and date.
8. A note indicating the basis of all bearings
used in the boundary survey and shown on the
plat. References to Maryland State Grid
System is encouraged.
9. Sufficient data must be shown to determine
readily the bearings and length of every lot
line, block line and boundary line. Dimensions
of lots shall be given as total dimensions,
corner to corner, and shall be shown in feet
and hundreths of a foot. No ditto marks shall
be used.
10. Tract boundary lines, right of way lines of
streets, easements and other rights of way,
and property lines of residential lots and other
sites; with accurate dimensions, bearings,
radii, arcs, tangents, chords and central angles
of all curves in the subdivision.
11. Name and right of way width of each street or
other right of way.
12. No lot shall be dimensioned to contain any part
of an existing or proposed public right of way.
13. Whenever Washington County has established or
adopted Maryland State Grid System then the
boundary survey shall be tied into such system.
14. The plat shall show the location and description
of all markers, monuments, or other evidence
found or established to determine the boundaries
of the subdivision. The adjoining subdivisions
shall be identified by lot and block numbers,
21
subdivision name, place of record or other
proper designations.
15. Show the side lines of all streets, the total
width of all streets, the width of the portion
being dedicated and the width of existing
dedications, also the width of railroad right
of way appearing on the plat.
16. Easements must be clearly labeled, identified,
the side line shown, and, if already recorded,
their recorded reference given. Easements shall
be denoted by fine dotted lines. The widths
of easements and the lengths and bearings of
the lines thereof, and sufficient ties thereto
shall be shown. If the easement is being
dedicated by the plat, it shall be so stated
in the owner's certificate of dedications.
17. Building setback lines.
18. The following data shall accompany the Final
Plat.
A. Typical cross sections and profiles of
streets showing grades approved by the
County Engineer. The profiles shall be
drawn to county standard scales and eleva-
tions approved by the County Engineer.
8. Plans and cross sections of all street and
roadworks including sidewalks, curbs,
gutters if any and the location, size and
elevations, when appropriate, of all
underground utilities shall be submitted
to and reviewed by the County Engineer
or any other agency having a direct
interest in the installation of the above
mentioned services.
C. Copies or bone fide information on such
other certificates, affidavits, endorse-
ments or other agreements as may be
required by the Commission in the enforce-
ment of these regulations, or which the
developer or subdivider may wish to record
with his subdivision, shall be submitted to
the Commission with the application for
approval of the Final Plat.
D. Certificate signed and acknowledged by all
parties having any record title interest in
the land subdivided, consenting to the
preparation and recording of said Final Plat,
establishing minimum building restriction
lines and dedicating to public use, roads,
22
streets, alleys, walks, utility and storm
drainage, rights of way, parks and other
areas approved for dedication to public
use by the Commission.
E. Certificate signed by the licensed land
surveyor of the State of Maryland respon-
sible for the survey and Final Plat with
seal.
F Certificate for execution by the Commission.
313. FINAL PLAT APPROVAL
1. Within two (2) years after approval or
conditional approval of the Preliminary Plat,
the developer or subdivider shall have the
subdivision or any part or portion thereof
to be surveyed and a final plat prepared by
a licensed land surveyor in conformance with
the Preliminary Plat. However upon request of
the subdivider, an extension of this time may
be granted by the Commission. If such extension
is not granted and the Final Plat has not been
filed within the twenty-four (24) months pro-
vided, the proposal and application shall be
considered null and void and no further action
shall be taken except by reapplication as here-
inbefore provided.
2. The Commission shall examine the Final Plat
to determine whether it conforms substantially
with the Preliminary Plat and with all changes
permitted and all requirements imposed as a
condition of its acceptance.
3. The Commission shall approve or disapprove a
Final Plat, if all subdivision regulations have
been complied with, within thirty (30) days
after the submission thereof to it; otherwise
such plat shall be deemed to have been approved,
and the certificate to that effect shall be
issued by the Commission on demand. Provided,
however, that the applicant for the Commission's
approval may waive this requirement and
consent to an extension of such period.
The ground of disapproval of any plat shall be
stated upon the records of the Commission.
Every Final Plat approved by the Commission
shall by virtue of such approval, be deemed to
be an amendment of or an addition to or a detail
of the county plan and a part thereof. Approval
of a plat shall not be deemed to constitute
or effect an acceptance by the public of any
street or other open space shown upon the plat.
23
4. The Commission on approving the Final Plat,
shall affix the Commission's seal upon the
Final Plat, together with the certifying
signatures.
314. RECORDING OF FINAL PLAT
1. The developer or subdivider must record a
Final Plat among the land records in the
office of the Clerk of the Circuit Court of
Washington County within ninety (90) days
after the date of approval by the Commission
or such approval becomes void.
315. GUARANTEE OF PUBLIC IMPROVEMENTS PRIOR TO RECORDING
FINAL PLAT
1. Prior to the Final Plat approval the developer
or subdivider shall provide the Commission with
a certification of approval from the Board of
County Commissioners that he has obtained all
permits, bonds or provided such surety in
accordance with applicable laws, regulations,,
ordinances and requirements as will insure
final completion ❑f all public improvements as
• required in Article VI, of this Ordinance on
the land covered by such Final Plat or portion
thereof to be recorded.
ARTICLE IV
DESIGN PRINCIPLES AND STANDARDS
401. GENERAL
1. No land shall be subdivided for residential
use if such land is considered by the Commission.
to be unsuitable for such use by reason of
flooding or improper drainage, topography or
other features harmful to the health, safety
and welfare of future residents and the
community as a whole.
2. The subdivision plan shall conform to the
principles and standards which are generally
exhibited in the Plan as is now or hereafter
shall be adopted, in whole or in part; and,
specifically with that part of the plan which
deals with land use and highways.
3. The following standards and requirements shall
be deemed as a minimum and whenever the
applicable standards and requirements of any
applicable ordinance are higher or more res-
trictive, the latter shall control.
402. STREETS AND HIGHWAYS
1. The street and highway design shall conform
both in width and alignment to the Plan and/or
Official County Highway Plan approved and/or
adopted by Washington County, Maryland and right
of way for any such street or highway indicated
on. said Official County Highway Plan shall be
reserved as provided in No. 2 hereafter.
2. If a proposed subdivision has received
preliminary approval by the Planning and
Zoning Commission and conforms to the standards
and requirements of the.County Health Department,
• and if the parcel of land to be subdivided
includes a portion of the right of way to be
• acquired for freeway or expressway or major
arterial highway that is shown on the County
Master Plan of Highways, the Governing Authority
shall have forty-five (45) days in which to
establish the center line of the proposed road
and then, shall have sixty (60) days within
which to negotiate with
25
the property owner, as to whether he would
offer to the County without compensation,
because of benefits he may derive from such a
road, or, arrive at a mutually agreeable
figure for the property within the street width,
or, upon failure of agreement, by the filing
of a condemnation suit in Circuit Court before
the end of that period.
3. Where a subdivision abuts or contains an
existing or proposed major thoroughfare
access to such thoroughfare shall be a primary
consideration and the Commission may require
either of several provisions for that access,
such as (1) parallel streets with lots backing
to the thoroughfare where appropriate, to-
gether with screen planting contained in a
nonaccess reservation or easement along the
rear lot lines; (2) parallel streets with short
cul-de-sacs having terminal lots backing to
the thoroughfare, or such other treatment
as may be necessary for adequate protection
of residential properties and to afford separ-
ation of through and local traffic.
403. MINIMUM WIDTHS OF RIGHTS OF WAY
Except in cases where the Official County Highway
Plan or other adopted street plan specifies a greater or lesser
width, minimum rights of way shall be as follows. Wider rights
of way may be required by the Commission when necessary to handle
anticipated traffic or to allow for special construction problems
or traffic situations in accordance with Article VI, 602.
Type of Road Right of Way Width
1. Fully controlled freeways,
expressways and parkways. 210 feet
2. Limited access major arterial
highways with frontage roads.
3. Major arterial highways with
divided roadways.
a. With enclosed drainage
b. With open drainage
4. Major arterial highways
180 feet
120 feet
120 feet plus right of way
required for drainage design.
90 feet
26
age ❑f Road
5. Secondary highways, business
district streets and indus-
trial streets.
6. Primary residential collector
streets.
a. Undivided
b. Divided - enclosed
drainage
c. Divided - open
drainage
7. Secondary residential streets
and rural roads.
a. Undivided
b. Divided - enclosed
drainage
c. Divided - open
drainage
8. Local streets.
9. Cul-de-sacs.
Right of Way Width
80 feet
60 feet
100 feet
100 feet plus right of way
required for drainage design.
50 feet
80 feet
80 feet plus right of way
required for drainage design.
50 feet
a. Stem right of way 50 feet
b. Circular section minimum
diameter 100 feet
10. Marginal access or service street. 26 feet
11. Mid Block crosswalks. 10 feet
12. Drainage rights of way.
a. Enclosed 10 feet plus additional
25 feet during period of
original construction.
b. Open Rs required by design
standards.
27
404. BUILDING SETBACK LINES
Building setback lines shall be regulated by the
provisions of the zoning ordinance now or hereinafter adopted
applicable t❑ said area proposed to be platted, with the exception
that front building setback lines shall be as follows:
Type of Road
1. Fully controlled freeways,
expressways and parkways.
2. Limited access major arterial
highways with frontage roads.
3. Major arterial highways with
divided roadways.
4. Major arterial highways.
5. Secondary highways, business
district streets and indus-
trial streets.
6. Primary residential collector
streets.
a. Undivided
b. Divided - enclosed
drainage
c. Divided - open
drainage
7. Secondary residential streets
and rural roads.
a. Undivided
b. Divided - enclosed drainage
c. Divided - open drainage
8. Local streets.
9. Cul-de-sacs.
10. Marginal access or service
street.
Building Setback
Building Setback
from
center line
from Right of
way line
of right of way
width
155
feet
50 feet
140
feet
50 feet
110
feet
50 feet
95
feet
50 feet
80
feet
40 feet
60
feet
30 feet
80
feet
30 feet
80
feet
30 feet
55
feet
30 feet
80
feet
30 feet
80
feet
30 feet
50
feet
25 feet
50
feet
25 feet
38
feet
25 feet
PAt]
405. STREET LAYOUT AND DESIGN
1. General
A. The proposed plat shall provide for
continuation of any existing roads or
streets (constructed or recorded) in
accordance with adopted highway plans.
S. A tract proposed for subdivision into
parcels larger than normal building plots
and intended for future subdivision
rather than immediate development shall
be divided so as to allow for future
opening of streets and such further logi-
cal subdivision as can be foreseen.
C. All streets shall, as far as practicable,
be in alignment with existing adjacent
streets by continuation of the center
lines thereof or by adjustments by curves,
and shall be in general conformity with the
Plan as is now or hereafter shall be
adopted in whole ❑r in part for the most
advantageous development of the area in
which the subdivision lies.
D. Residential streets shall be designed to
discourage rapid through traffic.
E. Where it is desirable in the opinion of
the Commission to provide street access
to adjoining property, proposed streets
shall be extended by dedication to the
boundary of such property.
F. Proposed streets and highways shall be
adjusted to the contour of the land as far
as practicable so as to produce useable
lots and streets.
G. A subdivision plat involving new or
existing streets crossing railroad tracks
shall provide adequate right of way, in-
cluding approach right of way and slope
easements, for construction of underpass
❑r overpass in accordance with Article UI,
602.
H. A residential street paralleling a railroad
shall be at a distance from the track
sufficient to provide lots with a minimum
of one hundred sixty (160) feet depth
backing t❑ the railroad right of way, or
at a distance suitable for the appropriate
use of the intervening land as for park
purposes in residential districts, or for
commercial or industrial uses in
29
appropriate districts. Such
distance shall als❑ be determined with due
regard for the requirements ❑f approach grades
and future grade separations.
I. Railroad tracks shall not be included within
the rights of way of roads or streets, except
for crossings or rail transit lines outside
paved traveled portion of the road.
J. Subdivisions platted along both sides of an
existing street shall provide the entire
minimum right of way in accordance with
Article IV. 403.
K. Subdivisions platted along only one side of
an existing street shall provide one-half
(I) ❑f the minimum right of way measured from
the centerline of such existing street.
L. Half streets are prohibited, unless determined
by the Commission to be essential to the
reasonable development of the subdivision
in conformity with the other requirements
of this Ordinance ❑r unless the Commission
finds it to be practicable t❑ require the
dedication of the other half when the adjoining
property is subdivided. Whenever a half street
exists adjacent to a tract to be subdivided,
the other half of the street shall be platted
within such tract.
2. Intersections
A. Streets shall intersect one another as nearly
as possible at right angles and in no case
shall the angle of intersection be less than
seventy (70O) degrees, unless otherwise
determined by the County Engineer.
O. The location of intersections with major
arterial highways shall be determined by the
Commission in a manner that will avoid the
movement of through traffic crossing such
major arterial highways. Proposed inter—
sections with major arterial highways shall
be spaced no closer together then seven
hundred and fifty (750) feet.
C. Property lines at street intersections shall
be rounded with a radius of at least twenty—
five (25) feet. Alley intersections shall be
rounded with a radius of at least ten (10)
feet. When the smallest angle of the inter—
section is less than seventy (70O) degrees,
30
this minimum radius shall be increased.
In commercial districts a comparable chord
may be used in place of an arc.
D. Minimum curb radius at street intersections
shall be not less than twenty-five (25)
feet.
E. Intersections involving the junction of
more that two (2) streets should be avoided.
F. The number of intersections ❑f minor streets
with major streets should be kept to a
minimum.
G. When continuation of the center line at an
intersection is impractical the center lines
shall be separated by a minimum offset of one
hundred and fifty (150) feet between center
lines.
3. Street Grades
A. Street grades, except under extreme physical
conditions, shall not exceed the following:
Tvoe of Street Percent Grade
Major Arterial
5
Secondary
7
Residential Collector
8
Local
8
Cul-de-sac
8
B. For adequate drainage the minimum street
grade shall be not less than one-half of
one (0.5) percent.
4. Street Alignment
A. Between reverse curves with a deflection
angle on the center line greater than five
(5°) degrees following minimum tangents
shall be introduced.
Type of Road Tangent in Feet
Major Arterial and secondary 200
Residential Collector 100
B. Where a deflection angle ❑f more then ten
(10°) degrees in the horizontal alignment
31
of a street occurs, a curve with the following
minimum radius shall be provided.
Minimum Radius
Type of Road of Curvature in Feet
Major Arterial 500
Secondary 300
Residential Collector 200
Local 100
C. All changes in street grade shall be connected
by vertical curves designed to provide the
following minimum sight distance as measured
between points three and three quarters (3.75)
feet above the center line of the road or
street surface, and a point one-half (0.5) feet
above the center line of road and street
surface.
Minimum Sight
Type of Road Distance in Feet
Major Arterial 600
Secondary 500
Residential Collector 300
Local 200
5. Dead -End Streets
Prohibited except as stubs to permit future
extensions to adjoining tracts or where necessitated
by topography, or where, in the opinion of the
Commission they are for the type of development
contemplated and are designed as cul-de-sacs.
6. Cul-De-Sacs
Permanently designed Cul-de-secs shall not be
longer than ❑ne thousand tw❑ hundred (1,200)
feet from the nearest intersecting street, and
shall be provided at the closed end with a turna-
round having a radius of at least fifty (50) feet.
Between the street and the circle there shall be
a twenty-five (25) feet reverse radius.
7. Reverse Strips
Reverse strips controlling access to streets are
prohibited except where the control of such strips
is placed with the County under conditions approved
by the Commission.
32
8. Private Streets
Private streets shall not be platted within a
subdivision, except when submitted and designated
for recording as a low density development with
each lot having an area of not less than three
(3) acres. The Commission shall require the
developer or subdivider that certain protective
covenants properly prepared and legally sound,
which may be deemed essential to the development
of the private subdivision,be incorporated in
the plat, subject to the approval of the Commission.
Provided further that the developer furnish the
Commission satisfactory evidence that he, his heirs
and assigns, will release, discharge and absolve
Washington County from all immediate and future
responsibility,with regard to any maintenance of
the private streets and rights of way so estab-
lishedland that such responsibility be imposed
by deed covenants to the owner of the land which
said private streets and rights of way are placed,
and to his heirs and assigns.
9. Street Names
Street names shall not be used which will duplicate
or be confused with the names of existing or
platted streets. Proposed streets in alignment
with existing or platted streets shall bear the
names of the existing ❑r platted streets.
10. Alleys
A. Unless provision for adequate service is made,
alleys shall be provided in commercial and
industrial districts. Except where justified
by unusual and extreme conditions of topo-
graphy, traffic flow, or access, alleys shall
not be provided in residential districts.
B. The minimum right of way width of an alley
shall be twenty (20) feet.
C. Dead-end alleys should be avoided, but if
unavoidable, shall be provided with an adequate
circular "T" or "Y" turn -around at the closed
end, as approved by the Commission.
33
11. Easements
A. The subdivider shall grant easements wherever
necessary for public utility, sewer and drain-
age purposes on rear lot lines, side lot lines
not less than eight (8) feet wide. Front lot
lines shall have ten (10) feet wide easements,
provided easements of lesser width may be per-
mitted by the Commission if it determines
that the purposes of such easements may be
accomplished by easements of lesser width,
and provided further that the Commission shall
prescribe the width of such easements.
B. Where a subdivision embraces all or. any part
of a water course, drainage way, channel, or
stream, a storm water easement or drainage
right of way easement shall be provided which
conforms substantially with the lines of such
water course, etc., and is of adequate width.
12. Blocks
A. Block lengths shall not exceed sixteen hun-
dred (1,600) feet nor be less that five hun-
dred (500) feet.
B. Pedestrian crosswalks not less than ten (10)
feet wide shall be required where deemed
essential by the Commission to provide ade-
quate circulation or access to schools, play-
grounds, shopping centers or other community
facilities.
C. Blocks shall be designed with sufficient
width to provide two (2) tiers of lots.
Exceptions to black width design may be
approved by the Commission for blocks adjacent
to heavy traffic ways or railroads, or border-
ing streams or drainage courses, multi -family,
commercial or industrial areas, schools, churches
or other land use appropriate to establish
blocks with one (1) tier of lots.
D. The design and arrangement of access roads or
drives within an apartment or multi -family
group dwelling project, together with the
required parking facilities and pedestrian
walks, shall be subject to review and approval
by the Commission. Determination of whether
interior access roads shall be dedicated to
public use and constructed to standards or
34
may be private roads, shall be made by the
Commission.
E. Nonresidential blocks designed for business
or industry shall be of such length and
width as may be determined necessary by the
Commission including adequate provision
for off-street parking, deliveries and truck
maneuvering in accordance with Section 411
and Section 412.
13. Lots
A. Lot dimensions. Lot size, width, depth,
shape and orientation shall be appropriate
for the location of the subdivision and for the
type of development ❑r use contemplated and
shall be approved by the Commission.
B. Lots to abut on public streets. Every lot
shall abut on a street or road which has been
dedicated to public use or which has acquired
the status of a public road. In exceptional
circumstances, the Commission may approve
not more than tw❑ (2) lots on a private
driveway or private right of way; provided,
that proper showing is made that such access
is adequate to serve the lots for emergency
vehicles, for installation of public utilities,
is accessible for other public services, and
is not detrimental to future subdivision of
adjacent lands. In multi -family and town
house development, the Commission may approve
more then two (2) lots or buildings on pri-
vate roads or drives, provided there is
adequate access from such roads or drives to
a public street, as above.
C. Side lines. Side lines of interior lots
shall be perpendicular to the street line,
or radial to a curved street line.
D. Double frontage lots. Double frontage lots,
meaning a block having only one tier of lots
between two (2) streets or roads, shall not
be approved except:
a. Where unusual topography, orientation or
the size of the subdivision permitSno
other feasible way to subdivide; or
35
b,. Where access to one of the streets may
be controlled by the Commission as pro-
vided in Sub -section 1, 2 and 3 of
Section 402 or paragraph D of Sub -section
L of Section 405 of this Ordinance.
E. Excessive lot depth. In relationship of
width t❑ depth the lot proportion of one
(1) to three (3) shall not be exceeded.
F. Municipal boundary. No lot shall be divided
by a municipal boundary line.
G. Additional requirements for residential lots.
a. In cases where a midblock crosswalk or
alley is provided in a residential sub-
division, the lots adjoining such cross-
walk or alley shall be increased in width
sufficient to provide for a side building
restriction line running parallel t❑ such
crosswalk or alley and fifteen (15) feet
therefrom.
b. Lots ❑n a plat for the re -subdivision of
any lot, tract or other parcel of land
that is a part of an existing subdivision
previously recorded in a plat book shall
be of the same character as to street
frontage, alignment, size, shape, width,
area and suitability for residential use
as other lots within the existing block,
neighborhood ❑r subdivision.
406. CONTROL OF FLOOD PLAIN AREAS AND UNSAFE LAND
1. Flood plain. The Commission shall, when it
deems necessary for the health, safety, or
general welfare of the present and future popu-
lation ❑f the county and necessary to the con-
servation of water, drainage and sanitary
facilities, restrict subdivision for develop-
ment of any property which lies within the
fifty-year flood plain of any stream or drainage
course. Fifty-year flood plain is defined as
that area which would be inundated by storm
water run off equivalent to that which would
occur with a rainfall of fifty-year frequency
after total development of the watershed.
2. Unsafe land. The Commission shall also restrict
such subdivision of any land which is found by
the Commission t❑ be unsafe for development use
by reason of its being subject to flooding,
erosive stream action, unstablized slope or fill
or otherwise located in a situation so that
safe, healthful development cannot be maintained
on the land.
3. Building restriction line. A building restriction
line is a line designating an area in which
development or building is restricted to agricul-
tural or recreational purposes, except as other-
wise provided herein. A building restriction
line shall be used to designate flood plain or
unsafe building areas in all cases where the
area is not shown on the plat as right of way or
easement in accordance with this Article.
4. Part of lot. The Commission may permit, as to
flood plain or unsafe land, that it be platted
as a part ❑f a lot in which there is sufficient
safe ground to erect a building or dwelling
within the required setbacks. In the event that
such land is platted as a part of a buildable lot,
there shall be placed on such platted lot a
building restriction line which shall be located
so as to provide at least a twenty-five (25) foot
setback between any building and the unsafe
areas and a greater setback where necessary to
provide positive drainage between the building
and unsafe area.
5. Removal. When any unsafe or flood plain land has
by subsequent change in conditions become safe
for building by finding ❑f the Commission, the
building restriction line may be removed by the
recording of a new plat approved by the Commission.
6. Denial of permission. No permission shall be
granted within any building restriction line or
in other areas within a flood plain or on
unsafe land for any structure or additions t❑
existing structures except for fences, agri-
cultural structures, public utility and other
such structures approved by the Commission or
county as necessary for the safety and general
welfare ❑f the citizens ❑f the county.
7. Drainage and flooding. Drainage and flood control
facilities shall be provided in conformation with
the County Drainage and Flood Control Plan, to
the extent necessary to serve the subdivision.
Developer shall provide adequate drainage control
facilities in such subdivision, and provide for
the flow of surface water reasonably anticipated
when development is completed.
37
407. NON-RESIDENTIAL SUBDIVISIONS
1. General
Non-residential subdivisions shall include
industrial tracts, and may include neighbor-
hood and community commercial tracts.
2. Standards
In addition to the standards in this Ordinance
which are appropriate to the planning of all
subdivisions, the subdivider shall demonstrate
to the satisfaction of the Commission that
the street, parcel and block pattern proposed
is specifically adapted to the layout antici-
pated and takes into account other platting
in the vicinity. The following standards shall
be ❑bserved:
A. Proposed industrial parcels shall be
suitable in area and dimensions to the
types ❑f industrial platting anticipated.
U. Street rights of way and pavement shall
be adequate to accommodate the type and
volume of traffic anticipated to be
generated thereon.
C. Minimum requirements may be specified
by the County Engineer with respect to
street, curb, gutter and sidewalk design
and construction for the purpose of pro-
tecting the public health, safety and
general welfare of the community.
D. Minimum requirements may be specified
by the Commission with respect to the
installation of public utilities, in-
cluding water, sewer and storm drainage
for the purpose of protecting the public
health, safety and general welfare of the
community.
E. Streets carrying non-residential traffic,
especially truck traffic, shall not
normally be extended t❑ the boundaries
of adjacent existing ❑r potential resi-
dential subdivisions or connected to
streets intended for predominantly
residential traffic.
408. PARKING
1. In residential subdivisions, consideration
shall be given to providing off-street parking
adequate for the particular type of subdivision.
A private garage, parking space or private
I;]
driveway, shall be provided for single-
family dwellings. Parking bays not physi-
cally divided from the roadway may be used
on strictly local streets with little traffic.
This requires a minimum of two hundred (200)
square feet per car. Parking bays shall be
divided from the roadway on streets carrying
more then local traffic. This requires a
minimum of three hundred sixty (360) square
feet per car including aisles and divider.
2. Where lots are platted for commercial,
industrial, or non-residential uses,
adequate provision shall be made for off-
street parking, loading, and unloading on
each individual lot or in an area designed
to serve a group of such lots.
3. Where lots are platted for semi-public use,
e.g., churches, adequate provision shall be
made for off-street parking.
39
ARTICLE V
NEW SUBDIVISION TECHNIQUES
The procedure for obtaining approval for the following
new patterns of land subdivision -- Cluster Development, Town
House Development, Planned Residential Unit or Open Space
Community and Mobile Home Park shall be as outlined hereunder:
501. RESIDENTIAL CLUSTER SUBDIVISION
1. Purpose
Cluster development is the pattern and
technique wherein structures are arranged in
closely related groups which will promote
flexibility of layout and variety of the types
of residential dwellings without sacrificing
existing per acre dwelling densities or
changing the character of the neighborhood
and at the same time preserving open spaces
of scenic and useful values for common enjoy-
ments. To achieve this goal:
A. Variations in lot areas and dimen-
sions are permitted,
B. A greater variety of building types
is introduced,
C. Procedures are established to assure
adequate maintenance and restricted
use of common grounds,
D. Procedures are established to assure
adequate protection of existing neigh-
borhoods in the immediate vicinity of
proposed cluster developments, and
E. The use of this optional method of
subdivision, and the site plan Jbr
each development, are subject to
approval by the Commission.
40
2. Conditions for use
The use of the cluster method of development
shall be subject to the following conditions and
regulations:
e
A. The land proposed for development must be
indicated for public sewer in the latest
Capital Improvements Program issued by the
Washington County Sanitary Commission or
Washington County Comprehensive Water and
Waste Water Plan.
B. No dwelling in a cluster development shall
be occupied unless it is served by public
water and sanitary sewer approved by the
County Health Department, except that sample
or model homes shall only be used for demon-
stration purposes having an individual sewage
system until public sewerage facilities are
installed to servicethe cluster development.
C. All utility lines within the cluster develop-
ment shall be placed underground in accordance
with the Regulations of the Public Service
Commission ❑f Maryland.
D. Open space areas preserved by the cluster
development shall comply with the general
purposes of cluster development, and a plan
setting forth the post -development utiliza-
tion ❑f those areas must be evolved by the
developer.
E. Land dedicated to public use for school and
park sites may be counted in the average net
lot area, provided that development of the
remaining land can be accomplished in com-
pliance with the purposes ❑f this section.
502. PLANNED RESIDENTIAL UNIT DEVELOPMENT OR OPEN SPACE
COMMUNITY
1. Purpose
The purpose of this Section is to provide
criteria for land subdivision projects that
41
may include the platting of dwelling units
in detached, semi-detached, attached, multi-
storied structures ❑r any combination thereof
and may also include accessory land use platting
of a religious, cultural, recreational and
commercial character appropriate to the charac-
teristics of the site and its location in the
anticipated community pattern. To achieve
this goal:
A. Variations in lot areas and dimensions
are permitted.
B. A greater variety of building structures
are permitted.
C. Procedures are established to assure ade-
quate maintenance and restricted use of
common grounds.
D. The character of existing neighborhoods in
the immediate vicinity is preserved.
2. Conditions for use
The use of the Open Space Community method of
subdivision development shall be subject to the
following conditions and regulations:
A. The land proposed for development must be
indicated for public sewer in the latest
Capital Improvement Program issued by the
Washington County Sanitary Commission or
Washington County Comprehensive Water and
Waste Water Plan.
B. N❑ dwelling in an Open Space Community
development shall be occupied unless it is
served by public water and sanitary sewer
except that sample or model homes shall
only be used for demonstration purposes
having an individual sewage system until
public sewerage facilities are installed
to service the Planned Residential Unit
Development or the. Open Space Community
Development.
C. All utility lines within the development
shall be placed underground in accordance
42
with the Regulations of the Public Service
Commission of Maryland.
D. Open space areas preserved by the develop-
ment shall comply with the general pur-
poses of Open Space Community development
and a plan setting forth the post -develop-
ment utilization of those areas must be
evolved by the developer.
E. Land dedicated to public use for school
and park sites may be counted in the average
net lot area, provided that development of
the remaining land can be accomplished in
compliance with the purposes of this Section.
F. The minimum area for Open Space Community
development shall be not less than ten
(10) acres. It may be owned, leased or
controlled by a single person, corporation,
homes association or by groups of individ-
uals or corporations.
G. The minimum correlated standards for land
area, floor area, open space, livability
space, recreation space and car storage
capacity for Open Space Community develop-
ment are land use intensity standards
published in Federal Housing Administration's
Minimum Property Standards for Multi -family
Housing (FHA 2600) dated November, 1963,
as amended.
H. The land -use intensity rating for a Planned
Unit Development or Open Space Community
project (excluding commercial area) shall
range between Land -use Intensity Ratings
of L1R 3.2 and L1R 6.2. A higher Land -
use Intensity Rating may be granted by
the Commission after a Public Hearing
has been held on the planning feasibility
of the development. The Commission shall)
in determining the actual Land -use Intensity
Rating applicable to a Planned Unit Develop-
ment subdivision projects follow the proced-
ure in FHA's Land Planning Bulletin No. 7,
entitled "Land -use Intensity Rating" dated
September, 1963, as amended. Manual on
Land -use Intensity Rating may be purchased
from the Superintendent of Documents, U. S.
Government Printing Office, Washington, D. C.
43
503. TOWN HOUSE SUBDIVISION
1. Purpose
To provide minimum standards for town house
subdivision layout compatible with the adequate
provision of private yard and easily accessible
areas for community facilities and children's .
play areas. This type of subdivision will provide
comfortable and private living conditions with
additional park and recreation areas. To achieve
this goal:
A. Variations in lot areas and dimensions
are permitted,
B. A greater variety of building design is
introduced,
C. Procedures are established to assure
adequate maintenance and restricted use
of common grounds,
D. Procedures are established to assure ade-
quate protection of existing neighborhoods
in the immediate vicinity ❑f proposed town
house development, and
E. The use ❑f this optional method of subdi-
vision, and the site plan for each develop-
ment, are subject to approval by the
Commission.
2. Conditions for use
The use of the town house method of development
shall be subject t❑ the following conditions and
regulations:
A. The land proposed for development must be
indicated for public sewer in the latest
Capital Improvement Program issued by the
Washington County Sanitary Commission or
Washington County Comprehensive Water and
Waste Water Plan.
B. No dwelling in a town house development
shall be occupied unless it is served by
public water and sanitary
sewer approved by the County Health Officer
except that sample or model homes shall
only be used for demonstration purposes
having an individual sewage system until
44
public sewerage facilities are installed
to service the Town House Development.
C. All utility lines within the town house
development shall be placed underground
in accordance with the Regulations of the
Public Service Commission of Maryland.
D. The total number of lots subdivided for
any group of attached dwelling units shall
not exceed ten (10) lots.
E. One and one half (1.5) car paved off-street
parking spaces shall be provided for each
living unit in locations approved by the
Commission.
F. Open space areas preserved by the town
house development shall comply with the
general purposes of town house development,
and a plan setting forth the post -develop-
ment utilization of those areas must be
evolved by the developer.
G. Land dedicated to public use for school
and park sites may be counted in the
average net lot area, provided that devel-
opment of the remaining land can be
accomplished in compliance with the pur-
poses of this Section.
504. MOBILE HOME PARK
1. Purpose
To provide subdivision standards to regulate
and control the design of mobile home parks.
A. Mobile Home Parks may be platted on the
cluster pattern to provide greater
flexibility of layout. Maximum density
shall be nine (9) mobile home lots per
net acre with common open space, recrea-
tional facilities and community sanitary
facilities.
B. The proposed mobile home park plat shall
show the dimensions, locations and area
of all rights of way, streets, walkways,
parks, school sites and other open spaces.
The proposed mobile home park plat shall
be prepared by and have the seal of an
engineer or land surveyor duly registered
to practice in the State of Maryland.
C. In recommending upon and approving mobile
home parks, the Commission shall consider
the location, size, and spacing of mobile
home lots, access and circulation for ve-
hicles and pedestrians, streets, parking
areas, play areas and open spaces.
If said mobile home park plat contains
no dedication to the public for streets or
utilities or should it be contemplated
that the facilities of the county shall not
be used for maintenance of streets, side-
walks, water and sewer lines, garbage
collection or other related functions,
then such owner shall be required to
record with such mobile home park plat
a convenant that he will maintain said
streets, sidewalks, water and sewer lines
in compliance with the minimum standards
as established by Washington County, and
that should he fail to maintain said
standards in any of these respects, the
said county may, after ten (10) days'
notice to such owner, effect all the neces-
sary repairs or improvements as required to
maintain said minimum standards and the
cost of all these and necessary repairs or
improvements shall become a lien against
said real estate and enforced and recorded
as mechanic's liens are enforced and
recorded against such real estate, and
said covenant shall contain the following
proviso:
"that , being the owner
or owners of the real estate contained
in the above attached mobile home park
plat hereby consent that if they or
their assignees, heirs or those holding
or owning said land through said owners
fail to maintain the streets, sidewalks,
water and sewer lines according to and
in compliance with the minimum standards
for maintenance of streets, sidewalks,
ri,
water and sewer lines as established
by the county that after ten (1D)
days notice in writing the owner
of said land as shown upon the tax
records at the County Assessor's
office of Washington County and at the
address therein shown, then said
owner assignees, heirs and those holding
or owning through said owners hereby
authorize the said County to make all
necessary repairs and perform all
necessary maintenance and further
authorize said Washington County to
file a mechanic's lien against said
real estate and enforce said lien pur-
suant to laws then applicable."
2. Conditions for use
The use of the Mobile Home method ❑f develop-
ment shall be subject to the following conditions
and regulations:
A. The area, tract of land or property to be
subdivided shall contain at least three
(3) acres of net development area excluding
areas for parks, schools, streets, rights
of way and other related uses.
B. Maximum lot density permitted far the net
development area shall be nine (9) mobile
home lots per net acre.
C. Each lot subdivided shall provide for one
of the following:
a. One -Family mobile home unit.
b. One -Family compact or expandable mobile
home unit.
c. Uses accessory to any of the above or
other uses similar to the above, which,
in the judgement of the Commission are
similar to and not more objectionable
to the health, safety and general wel-
fare of the subdivision.
47
D. No mobile home in a Mobile Home Park
shall be occupied unless it is served by
community water and sanitary facilities
capable ❑f secondary treatment ❑r better.
E. The minimum area of a Mobile Home lot shall
be four thousand four hundred (4,400)
square feet.
F. The minumum average mobile home lot width
shall be forty (40) feet.
G. Every Mobile Home lot shall front onto a
forty (40) feet street or right of way.
505. PROCEDURE FOR APPROVING NEW SUBDIVISION TECHNIQUES
In order t❑ obtain approval for Cluster Develop-
ment, Town House Development, Planned Residential Unit or ❑pen
Space Community and Mobile Home Park the following procedure shall
be followed:
1. Optional Consultation
Pre -application plans shall be submitted in
accordance with the format set forth in Section
302 of Article III of this Ordinance. In weighing
the suitability of the land for Cluster Develop-
ment, Town House Development, Planned Residential
Unit or Open Space Community and Mobile Home Park
the Commission shall consider, among ❑ther things,
the nature of the site, and the use of adjacent
and nearby land.
2. Preliminary Plat Application
A Preliminary Plat shall be filed and processed
in accordance with the procedure set forth in
Sections 303 through 309 of Article III of this
Ordinance.
A. In addition to the information required
above the plan shall also show the approxi-
mate locations ❑f all proposed improvements,
except single-family detached dwellings.
The plan shall be accompanied by a prelim-
inary statement or proposal including
specific documents showing the ❑wnership,
method of maintenance and utilization ❑f
the common open space within the subdivision.
Eu
B. In considering the Preliminary Plat the
Commission shall give particular consi-
deration to the following:
a. The influence, if any, that the pro-
posed site development plan may be
expected to have upon existing or
future development in adjacent and
nearby areas;
b: The spatial relationship between the
buildings and the common open space;
and
c. The location, character, area, and
dimensions of the common open space
and its usefulness for the common
recreational or other purposes for
which it is intended to be used.
3. Application for Final Plat
After the Commission has approved a Preliminary
Plat, application shall be made for the approval
of a Final Plat. This Final Plat shall be subject
to all of the requirements of Sections 310 through
313 of Article III of this Ordinance and in
addition shall be accompanied by the following
supporting exhibits:
A. A site development plan showing the
locations of all the buildings and parking
areas and other inprovements and the pro-
posed finished topography of the land.
B. A detailed statement or proposal, including
covenants, agreements, ❑r other specific
documents, towing the ownership of and
,method of maintenance and utilization
of those areas within the subdivision
that are declared to be open space for
common use. Development, construction
❑r other rights in the open space areas
shall be reserved unto the ownership ❑f
the land for the indicated recreational
or scenic uses only. Covenants, agree-
ments, etc., shall be in perpetuity and
shall include easements to the public for
utility rights of way.
Portional Final Plats may be submitted
as set forth in Section 312 of Article III
of this Ordinance provided that a variance
of not more than fifteen (15%) percent
from the allowed density of development
shall be permitted for any portion; and
provided further that the density of
development for the entire tract as approved
on the preliminary plan shall not be
exceeded.
4. Approval of Final Plat
Procedure for final approval shall be in
accordance with Section 313 of Article III of
this Ordinance. In addition, the Commission
shall examine the proposed development plan and
supporting exhibits to determine whether they
will result in the accomplishment of the purposes
of the Cluster Development, Town House Development,
Planned Residential Unit or Open Space Community
and Mobile Home Park method of development and that
they are substantially in compliance with the
approved preliminary plan and its accompanying
documents. If the Commission finds that the
proposed Final Plat and supporting exhibits satis-
factorily meet all of the requirements it shall
approve the plat. The Commission shall notify
the applicant in writing of its approval or dis-
approval promptly but in no case later than thirty
(30) days after receiving the application, unless
the applicant consents t❑ the extension of this
time limit. In case of disapproval the reasons
therefor shall be stated. When approved by the
Commission the Final Plat and its accompanying
exhibits shall thereafter be the official plan
for the development of the area involved.
5. Recording of Final Plats
Procedure for recording a Final Plat for
Cluster Development, Town House Development,
Planned Residential Unit or Open Space Community
and Mobile Home Park shall be in accordance with
Section 314 of Article III of this Ordinance.
Final Plats filed shall contain a statement indi-
cating that the land lies within an approved
Cluster Development, Town House Development,
Planned Residential Unit or Open Space Community
and Mobile Home Park development, that subdivision
or re -subdivision is not permitted and that develop-
ment of the land is permitted ❑nly in accordance
50
with the land uses indicated on the approved
development plan. Covenants and/or joint -use
and maintenance agreements affecting the common
lands shall be recorded simultaneously with the
plat.
51
CL E VI
IND UTILITY IMPROVEMENTS
Utilities and sewers should be installed
under paved areas of streets only when
absolutely necessary.
602. MINIMUM STANDARDS FOR NEW STREET AND HIGHWAY
CONSTRUCTION.
New streets, highways, alleys, sidewalks and Lcross walks with appurtenant drainage and other facilities
in each new subdivision shall be constructed by the subdivider
or developer in accordance with the specifications of the
Washington County Specifications for Road and Street Improvements.
The County shall participate in the cost of
"oversize" improvements within the subdivision if it is con-
sidered that such oversize improvements are necessary to serve
large areas of land not in the subdivision and if the cost of
such oversize improvements is an unreasonable burden on the
subdivider.
In the case of a plat containing lots fronting
on an existing state, county or municipally maintained road,
the subdivider shall provide required right of way as necessary
to serve the needs of such subdivision for access and traffic
as required by the Washington County Specifications for Road
and Streethnprovements. Hi
Where a midblock crosswalk or pedestrian path
is included in a subdivision plan and is dedicated to public
use, the subdivider shall grade and construct a paved walk
therein, such construction to be according to a plan approved
by the County Engineer.
603. PIPE STANDARDS AND SIZES.
The Washington County Specifications for Road
and Street Improvements shall be used in each new subdivision.
604. STORM DRAINAGE.
1. A storm water sewer system or a surface Li
drainage system shall be provided for not
less than a ten year storm criteria, to
serve the area being subdivided. Such
system shall be in accordance with the plans
and specifications approved in the Prelimi-
nary Plat. L
I ILi
53
Li
2. Wherever curbs and gutters are provided
❑r when the County Engineer determines
the natural surface drainage to be in-
adequate, the subdivider shall construct
a storm water sewer system with catch
basins appropriately spaced along the
streets in the subdivision. Valley
gutters extending across the street
surface shall not be used.
3. A natural surface drainage system shall
be permitted when curbs and gutters are
not provided and the natural drainage
will, in the opinion of the County Engi-
neer and approval of the Commission,
adequately drain the storm water from the
subdivision. The drainage ways should
be shallow swales sowed in grass rather
than deep, open ditches. Roadside
drainage shall not be disrupted by pri-
vate driveways. The subdivider shall
install a suitable pipe of adequate size
t❑ permit the free flow of water at those
points where such driveways intersect the
roadside drainage way.
4. In the design of a storm water sewer sys-
tem for a subdivision, the present and
future expected run-off from the larger
drainage areas should be considered.
For this reason, it may be desirable that
larger sewers then those needed to ser-
vice the immediate subdivision be in-
stalled and certification by a registered
professional engineer that all proposed
drainage and structures are adequately
designed to safely handle surface drain-
age from a higher watershed area shall be
provided for approval by the County Engineer.
5. The County shall participate in the cost
❑f "oversize" improvements within the sub-
division if it is considered that such
"oversize" improvements are necessary to
serve large areas of land not in the sub-
division and if the cost ❑f such "over-
size" improvements is an unreasonable
burden on the subdivider.
54
605. PUBLIC UTILITIES
1. General
Pipelines, electric power and energy
transmission and distribution lines and
cables, and telephone and telegraph lines
and cables shall be underground in a sub-
division where the preliminary subdivision
plan is filed subsequent to the Rules and
Regulations of the Maryland Public Service
Commission adopted November 1, 1968, and
as hereafter amended, except that where
determined by the Public Service Commission
existing lines and transmission lines may
be excluded. The Public Service Commission
of Maryland may also grant exceptions from
its underground rules.
606. MONUMENTS AND MARKERS
1. All monuments shall be installed in
accordance with Maryland State Law and
shall be of concrete or stone and not
less than six (6) inches diameter or
four (4) inches square and thirty-six
(36) inches long. The center shall be
marked on the top by either a copper
dowel, set flush with the top, three -
eights (3/8) inch in diameter and two
and one-half (2 1/2) inches long or
by crossed scores at least one-half
(1/2) inch deep. Monuments shall be
set so that the top is level with
the adjoining established grade.
2. The corners of all lots shall be marked
by galvanized or wrought iron pipe, or
steel bars at least two (2) feet in
length end not less than five -eights
(5/8) inch in diameter, the top of the
pipe or bar t❑ be set level with the
established grade adjoining it.
55
607. CURBS AND GUTTERS
1. Curbs and gutters need not be installed
along streets in the subdivision unless
deemed necessary by the County Engineer
for adequate drainage of storm water or
for factors of safety. Curbs and gut-
ters must be of integral concrete or
other approved design and the materials
and methods of construction shall con-
form to the latest approved minimum
requirements of the Washington County
Specifications for Road and Street
Improvements or any amendment thereto.
608. SIDEWALKS
1. Concrete sidewalks need not be installed
along streets in the subdivision unless
deemed necessary by the County Engineer
for pedestrian safety or convenience.
Sidewalks shall be at least four (4)
feet wide and installed on either or
both sides of each street and located
within the street right of way one (1)
foot from the street right of way line
and shall conform to the Washington
County Specifications for Road and
Street Improvements and any amendment
thereto.
609. STREET NAME SIGNS
Standard street signs
the intersection of all streets in the
and method of display shall be subject
County Engineer.
610. COMPLETION
shall be installed at
subdivision. The signs
to approval by the
Upon completion of the installation of
streets, storm drainage, water supply, sanitary sewers and
sewerage disposal systems, a copy of the final plans and speci-
fications as built shall be filed with the County Engineer.
56
611. WATER AND WASTE WATER
FACILITIES
1. General
Before approving a subdivision, the
Commission shall consider the availability
of water and waste water facilities or the
lack thereof to the proposed subdivision.
Determination shall be made by the Washington
County Sanitary Commission and the County
Health Department, as applicable, for the
proper type of water supply and sewage
disposal to be required in each subdivision.
All proposed subdivisions must comply
with the Washington County Comprehensive
Water and Waste Water Plan. Interim facilities
will be required for all subdivisions built
as high density subdivisions, unless supplied
public facilities by adjacent municipalities
or Washington County Sanitary District.
A. Subdivision adjacent to and within a
two mile radius of a municipality
with public facilities shall petition
the municipality for public facilities.
A copy of the petition and the reply
from the municipality shall be included
with the Preliminary Plat.
B. In the event that the municipality
will not serve the proposed subdi-
vision, the subdivider shall petition
the Sanitary Commission for the es-
tablishment of a Sanitary District.
A copy ❑f the petition and the San-
itary Commission's reply shall accom-
pany the Preliminary Plat.
C. In the event that neither the munici-
pality nor the Sanitary Commission
deem it economically feasible to
supply the proposed subdivision with
public facilities, an Engineer's re-
port shall be prepared by the appli-
cants Engineer to determine the feas-
ibility of installing interim facil-
ities in the proposed subdivision.
57
D. In the event that the Engineer's
Report states that the public facil-
ities are not feasible, and that in
the ❑pinion of the Washington County
Health Department the subdivision will
not create a condition prejudicial to
public health, only a low density
development will be approved.
2. Central Water and Sanitary Systems
A. All subdivisions shall be supplied
with private or public central water
and sewer facilities when conditions
affecting the subject property result
in one of the following determina-
tions:
1. Public water and sewer connections
are available to the proposed lots
from existing mains, or
2. Existing public water and sewer
mains shall be extended to serve
the subdivision, or
3. It shall be mandatory for sub-
divisions in excess of 25 lots or
subdivisions located in areas which
exceed the maximum number of bed-
rooms permitted per gross acre
(Table Page 77) that public sewer-
age facilities be installed. Sub-
divisions less than 25 lots or de-
veloped in areas having less than
the permitted bedroom facilities
per gross acre and meeting all
❑ther criteria established by the
State and County Health Department,
private disposal facilities may be
considered.
B. The subdivider shall ascertain in
writing the availability of public
sewerage and water prior to submis-
sion of a plat. Prior to recording
of a Final Plat of a subdivision to
be served by public water or sewer or
both, the subdivider shall produce
58
evidence that he has complied with
the conditions, if any, required for
the installation of the utilities.
In those cases where a private cen-
tral system is to be used, the de-
veloper shall secure the necessary
approval ❑r permit for installation
and operation of the system from the
Washington County Sanitary Commission,
and County Health Department, if applicable.
C. For the location of any parts of a
private system within the county or
state road rights of way, necessary
franchise or permits to use public
roads shall be obtained from the
county ❑r state as applicable.
D. Individual Systems
1. Individual lot systems. In sub-
divisions without public water or
sewer ❑r approved central water or
sewer systems, all lots shall be
approved for individual wells or
septic systems ❑r both by the
County Health Department. No Final
Plat containing such lots shall be
approved by the Commission until
written approval of such plat with
respect to such lots has been re-
ceived from the County Health
Department.
2. If individual water supply and/or
sewage disposal systems are to be
provided, the Preliminary Plan shall
show the proposed location of water
supply wells, sewage disposal areas
and percolation tests, including ex-
isting wells and sewerage systems
located within 100 feet of the sub-
division boundaries.
3. Lots for individual septic systems.
Lots to be sewered by individual
septic systems, and to use private
water systems, shall have a mini-
mum area of twenty thousand (20,000)
M
square feet. The number of bed-
room units per gross acre per-
mitted shall be based on the fol-
lowing table in order that there
shall not be septic systems in
close proximity to wells, to pro-
vide sufficient area on lots for
replacement facilities as required,
and to avoid failure ❑f systems
when a large number of septic sys-
tem lots are developed in close
proximity.
If the total number ❑f subdivided
lots using ❑r potentially using
individual septic systems within
the proposed subdivision and within
one thousand (1,000) feet ❑f every
boundary of such subdivision is:
Maximum number ❑f bedrooms
permitted per gross acre within
the land proposed to be subdi-
vided:
With public With individual
water water supply
a. 0 - 25 lots 6.0 5.0
b. 26 - 50 lots 5.0 4.0
c. 51 or more lots 4.0 3.0
When the County Health Department
finds it is necessary to preserve
safety of water supply and insure
functioning of septic system by
reason of topography, soil type and
conditions, surface and subsurface
drainage conditions, water table
level and history of failure ❑f sep-
tic systems in the adjacent areas and
extent of septic system development
in adjacent areas, increased lot sizes
may be required over and above the
densities permitted above, or public
facilities will be required.
612. PERCOLATION TESTS
1. Percolation tests shall be performed
under the supervision of the County
Health Department following the pro-
cedures as outlined in the Manual of
Septic Tank Practices, Public Health
Service Publication published by the
Department of Health, Education and
Welfare. Minimum ownership of pro-
perty shall be determined in accor-
dance with the following table:
LOT SIZE
Using
Using
Public
Time
Required for a
Individual
Wells and
Water Facilities and
one
(1) inch
Sewerage Facilities
Individual Sewerage
Facilities
Drop
Min. Width
Min. Area
Min. Width
Min. Area
(Minutes)
(Feet)
(Sq. Feet)
(Feet)
(Sq. Feet)
2
to 5
100
20,000
10❑
15,000
6
to 15
125
25,000
100
17,500
16
to 25
150
30,000
100
20,000
26
to 30
150
40,000
150
30,000
Over 30. Considered Impervious - Not
Approvable
61
2. Each lot area shall depend on the per-
colation test on that lot. Should the
developer wish to use uniform lot areas,
the area shall be based on the average
❑f the time for 80 per cent of perco-
lation tests conducted in the area ex-
cluding the low 10 per cent and high 10
per cent. No lot having a percolation
rate exceeding 30 minutes shall be in-
cluded on a plat.
Where less than two minutes is required
for a 1 inch drop, the approval ❑r re-
jection of the area for subdivision
purposes shall be at the discretion of
the Approving Authority.
3. Design criteria for individual disposal
facilities for each lot in the subdivision
shall be based on percolation tests on
undisturbed soil or on the ❑riginal soil
after grading is performed. No perco-
lation tests shall be performed in fill
ground.
4. Minor variations in lot widths and areas
given in the table not exceeding two (2%)
per cent ❑f the table values may be al-
lowed when special conditions warrant
such variations.
613. INDIVIDUAL WELLS
1. In all subdivisions when individual wells
for water supply and individual sewage
disposal facilities are proposed, if in
the judgement of the County Health Depart-
ment, the disposal area will contaminate
the waterbearing strata to be utilized for
a potable water supply, all or part ❑f the
subdivision shall be rejected.
2. Test wells shall be drilled to determine
the quality and quantity of the proposed
underground water supply for individual
or community service. Water analysis
and Driller's Logs are to be part of
the application t❑ the Health Department.
WA
614. SEWERAGE
1. If only public sewerage is available,
the minimum lot area shall be ten thousand
(10,000) square feet with a minimum width
of seventy-five (75) feet. In this situa-
tion the "Lot Area" may include the area
having land slopes exceeding twenty-five
(25%) per cent.
REFERENCE: Manual of Septic Tank Practices may be purchased
from the Superintendent of Documents, U. S. Govern-
ment Printing Office, Washington, D. C. .35 cents
per copy (Public Health Service Publication No. 526).
43 LO I. Regulations for Planning Water Supplies and
Sewerage Systems.
43 LO 2. and Annex's. Regulations governing indivi-
dual Water Supplies and Sewage Disposal Systems for
homes and other establishments in the counties of
Maryland where public Water Supplies and Sewerage
disposal systems are not available.
43 LO 3. Regulations governing Water Supplies and
Sewerage Systems in the subdivision of land in
Maryland.
43 L❑ 5. Regulations governing submission of plans
for approval and record of systems of Water Supply,
Sewerage, Storm Water and Refuse Disposal.
43 LO 6. Maryland State Plumbing Code.
387 C. County Plans for Public Water Supply and
Sewerage Systems - Health Laws State of Maryland
corrected through 1967.
Washington County, Maryland Comprehensive Water
and Waste Water Plan, 1970.
[*1
ARTICLE VII
CERTIFICATES
701. General
Each Final Plat submitted to the Commission for
approval shall contain or be accompanied by the following certificates,
acknowledgements and descriptions in substantially the following forms:
702. CERTIFICATE OF APPROVAL
FINAL APPROVAL GRANTED
Date
WASHINGTON COUNTY PLANNING AND ZONING COMMISSION
By
703. LAND SURVEYOR'S CERTIFICATE
Each Final Plat submitted to the Commission for
approval shall carry a certificate signed by a licensed Land Surveyor
❑f the State of Maryland in substantially the following form:
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 ❑f former ❑wner) TO (insert name
of present owner) BY DEED DATED , AND RECORDED
IN THE LAND RECORDS OF WASHINGTON COUNTY, IN LIBER
AT FOLIO ; AND THAT STONES, MARKED THUS:O
AND IRON PIPE AND/OR BARS MARKED THUS: O HAVE BEEN PLACED
AS INDICATED.
SIGNATURE
Land Surveyor
Md. Registration Number:
SEAL
Date
64
704. LEGAL DESCRIPTION CERTIFICATE
The Final Plat submitted to the Commission for approv-
al shall contain a metes and bounds legal description of the outside
boundary of the completed survey prepared by a Land Surveyor licensed
in compliance with the Laws of the State of Maryland.
705. OWNER'S STATEMENT
Each Final Plat submitted to the Commission for
approval shall carry a deed of dedication, either on said Final
Plat or incorporated therein by reference, in substantially the
following form:
DEDICATION for INDIVIDUALS
I/We do hereby certify that we are the legal and true
owners of the property shown and described hereon and that I/We
adopt this Plan of Subdivision, establish the minimum building
restriction lines, and reserve the fee simple title to the beds of
the alleys and streets and/or roads shown hereon until deeded to
Washington County.
I/We also hereby certify that the requirements of Sections
59 to 62 of Article 17 of the Annotated Code of Maryland, 1966
Replacement Volume, have been complied with as far as they concern
the making of this Plat and the setting of the markers therein
described.
There are no suits, actions at law, leases, liens, mort-
gages, trusts, easements or rights -of -way affecting the property
included in this Plan of Subdivision except the following:
and all parties and interests thereto have hereunto affixed their
signatures, indicating their assent to this Plan of Subdivision.
WITNESS our hands and seals this ____ day of
1970.
WITNESS:
(SEAL)
(SEAL)
Owners
We do hereby assent to this Plan of Subdivision.
WITNESS: (SEAL)
(SEAL).
65
706. CERTIFICATE OF APPROVAL OF WATER AND SEWAGE SYSTEM
I HEREBY CERTIFY THAT THE MINIMUM OWNERSHIP AREA
COMPLIES WITH THE MINIMUM WIDTH AND MINIMUM AREA
ESTABLISHED BY ARTICLE VI OF THE WASHINGTON COUNTY
SUBDIVISION ORDINANCE UNTIL PUBLIC SEWERAGE HAS
BEEN MADE AVAILABLE. NOT MORE THAN ONE PRINCIPAL
BUILDING MAY BE ERECTED OR CONSTRUCTED ON A LOT OR
LOTS CONTAINED IN THE MINIMUM OWNERSHIP AREA AS
ESTABLISHED BY SAID ORDINANCE UNTIL PUBLIC SEWERAGE
HAS BEEN MADE AVAILABLE.
SIGNATURE
DATE COUNTY HEALTH OFFICER
707. CORPORATION STATEMENT
Each Final Plat submitted to the Commission by a
corporation for approval shall carry a certification in substantially
the following form:
DEDICATION FOR CORPORATIONS
(Name of Corporation) , a
Corporation, by (President) , and
do hereby certify that said Corporation is the
of the property shown and described hereon and
does adopt this Plan of Subdivision, establish
restrictions lines, and reserve the fee simple
the alleys and streets and/or roads shown here'
Washington County.
(Secretary)
legal and true owner
that said Corporation
the minimum building
title to the beds of
]n until deeded to
The Corporation does further certify that the requirements
of Sections 59 to 62 of Article 17 of the Annotated Code of Maryland,
1966 Replacement Volume, have been complied with as far as they
concern the making of this Plat and setting of the markers therein
described.
There are no suits, actions at law, leases, liens, mort-
gages, trusts, easements or rights -of -way affecting the property
included in this Plan of Subdivision except the following:
and all parties and interests thereto have hereunto affixed their
signatures, indicating their assent to this Plan of Subdivision.
Date:
(CORPORATE SEAL)
(NAME OF CORPORATION)
By
President
Witness:
WITNESS:
Attest:
Secretary
We do hereby assent to this Plan of Subdivision:
708. OTHER CERTIFICATES
(SEAL)
(SEAL)
Such other certificates, affidavits, endorsements, or
documents as may be required by the Commission in the enforcement
of this Ordinance.
67