HomeMy WebLinkAbout1971 AmendmentsReceived for record Ju ..r 16, LU71 at 11:02 a. ,+:,
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AMENDMENTS
TO THE
1970
SUBDIVISION ORDINANCE
WASHINGTON COUNTY
MARYLAND
'11
342
The following amendmen
Maryland Subdivision Ordinance were
County Commissioners of Washington
1971.
PAGE SECTION
109 APPEAL
is to the 1970 Washington County
approved and adopted by the
County, Maryland, on June 28,
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 notification that
such an appeal is being taken. The Commission
shall furnish 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 of 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
66B, of the Annotated Code of Maryland
{ 95}-as-aMended: 1957, (1970 Replacement
Volume.)
110 AMENDMENTS
The Board of County Commissioners may adopt
amendments to the provisions of this Ordinance
if it is determined by the said Board, after
public hearing and advance public notice of
said hearing, that any such amendment will
better the public interest and the general
purpose of this Ordinance, as defined in
Article 66B, of the Annotated Code of Maryland
{}959} -as aMended. 1957, (1970 Replacement
Volume.)
34.3
PAGE SECTION
3 112 VIOLATIONS AND PENALTIES
Any violation of this Ordinance or the
regulations herein shall constitute a
misdemeanor and shall be punishable as
pree4de8-for-4n-Artie}e-66B;-ef-the
Annotated-Eede-e£-harp}and-{}95�}-es
amended- upon conviction by a fine not
to exceed One Hundred 100.00) Dollars.
Each day that a violation continues shall
be deemed a separate offense. In addition
to any other remedies, the Board of
County Commissioners may institute any
appropriate actions or proceedings to
compel compliance to this Ordinance, as
provided for in Article 66B, of the
Annotated Code of Maryland 1957, (1970
Replacement Volume).
7 202, Para. 16 EASEMENT
A-grant-bp-the-prepertp-owner-ef-the-use-ef
}and-bp-the-pab}4c-er-eerperat4en-er-persons
€e-spee44e-uses-and-pnrpeses-
An area set aside, dedicated or granted by
the property owner, subdivider, or developer
for the use of the designated area of land
by the public, or other corporations or
persons for specific uses and purposes.
11 202, Para. 42 RIGHT OF WAY
Band-reserved-€er-use-as-a-street-a}}ep�
€nter4er-uaa}1�;-p4pe}4ne;-dra4nage-ehanne}
er-ethe-pb}4e-prpeses-
Land areas designated, set aside or reserved
or shown to be used as a street, alley, in-
terior walk, pipeline, drainage channel,
other utilities or for any other public
purposes.
344
PAGE SECTION
14 303, Para.l PRELIMINARY PLAT APPLICATION
A developer or subdivider desiring approval
of a plat of a subdivision or re -subdivision
of any land lying within the jurisdiction of
Washington County, shall submit a written
application for approval and eight
-48*
eep4es-ef-n-Pre34minery-Pnt-ef-the-ab-
diersien-4n-eeeerdence-a4th-5eet4en-39�
twelve (12)copies or as required with Section
308 hereof, to the Commission for tentative
or conditional approval prior to the sub-
mission of a Final Plat.
15 303, Para.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 subdivider or if such land
is considered by the Commission to be un-
suitable 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.
15 304 PRELIMINARY PLAT
The Preliminary Plat shall be prepared to
meet the minimum requirements as detailed
under Article IV, Page No. 25, Design Prin-
ciples and Standards and Article VI, Page
No. Si 52 Street and Utility Improvements
of this Ordinance.
15 306, Para. 1 INFORMATION
1. Vicinity Plan - A vicini
a scale of not less than
feet to one inch showing
relationship of the plat
surroundings and showing
details.
by plan drawn to
1G09 2,000
the approximate
to its general
the following
A. Existing or mapped streets within
one thousand (1,000) feet of the
subdivision.
343
PAGE SECTION
Contd:
15 306, Para, 1
B. Prepesed sreets-wth eenneet4en
te-ex4st4ng-streets.
E. Prepesed-direet4on-of-flew-far-,term
water-in-relation-te-nataraI-drainage
ehannels-te-extent-known-te-developer.
B. Munie±pa}-boundaries-within-one-thousand
{}�gg8}-feet-e€-the-tract-r€-known-te--
develeper.
E. Major-water-and-sewer-}fines-wthin
one-theasand-{};g88}-feet-ef-the-traet-
f-eenneet4on-to-site-rs-prpared,
only-these-necesary-for-uch-eennee--
tien-need-be-shown-te-extent-known-te-
develeper.
B. Municipal boundaries within one
thousand (1,000) feet of the tract
if known to the developer.
17 307, Para. 2E
Subsurface conditions on the tract, location
and results of tests made to ascertain geo-
logical structure, ground water conditions;
depth to ground water unless test pits are
dry at a depth of five (5) feet when required.
17 307, Para. 2F
Other conditions on the tract: water courses,
high-water-line-of-eny-water-excises-en-the
preperty; marshes, rock outcrop areas
showing on the surface of the land, wooded
areas and other significant features.
18 308, Para. 2
The developer or subdivider shall submit to
the Commission e4ght-{8* twelve (12) copies
of the plan or as required and supplementary
documentation for transmittal to each and
any of the following agencies when such
agency has a direct interest in the instal-
lation or maintenance of utilities, roads
or other public services which will serve
the subdivision for their review and recom-
mendation with respect to approval of the
plan:
34b
PAGE
19
COPIES
REQUIRED
SECTION Contd:
308, Para. 2 A. Washington County Sanitary
Commission 2
B. Washington County Health 2
Department
C. Washington County Engineer 2
D. Maryland State Roads Commission
as to right of way requirements
and access to state roads. 4
E. Any municipal corporation to review
subdivision or re -subdivision plans
contiguous to such municipal
corporation. 7
F. Utility Companies. 1
G. Washington County Board of
Education as to school site
planning. 1
H. Washington County Soil Con-
servation District as to
erosion and sediment control. 5
I. Fire Marshal 1
J. Fire Department 1
Other agencies may be 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 recommendations noted thereon.
'14
PAGE SECION
23 313, Para. 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.
Appreva}-ef-a-p}at-aa}}-ne-be-deemed-ea
eenststate-er-effect-an-aeeeptanee-by-he
pabe-e€-any-treet-er-ether-epee-spaee
strewn-upen-the-p,at.
Final approval of a plat by the Commission
shall be deemed to constitute an acceptance
of the County Commissioners for Washington
County of all easement areas as set forth
and designated on the plat for the specific
purposes as set forth therein and no others.
The acceptance shall be effective as of the
date of final approval of the ulat.
Final approval of a plat shall not be deemed
to constitute or effect an acceptance by the
County Commissioners or the public in general
of any street, right of way, open space, or
any other area designated for recreation or
parks on a plat. Said areas so shown shall
be considered only as an offer of dedication
and shall not be considered dedicated until
actually accepted in the usual manner as
prescribed by law or the County Commissioners
shall have the right at that time or any othe
time in the future to accept said offer o
dedication in writing either on the original
recorded plat or by instrument recorded among
the Land Records of Washington County, Mary -
and, incorporating same by reference desig-
nating said acceptance and approval.
PAGE
27
28
30
SECTION
403, Para 9b
404, Para. 9
Cul-de-Sacs
a. Stem right of way
b. Circular section of
minimum diameter
Cul-de-Sacs
50 feet
488 -feet 120 feet
50 -feet 55 feet
405, Para. 2C 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 (70°) degrees,
this minimum radius shall be increased.
n-eemmerea-#ste#ets A comparable chord
may be used in place of an arc.
31 405, Para. 3A Street grades, except under extreme physical
conditions, shall not exceed the following:
Type of Street Percent Grade
Major Arterial 5
Secondary 7
Residential Collector 8 10
Local 8 10
Cul-de-Sac 8 10
31 405, Para. 4B Where a deflection angle of more than ten
(10°) degrees in the horizontal alignment
of a street occurs, a curve with the fol-
lowing minimum radius shall be provided:
Minimum Radius of
Type of Road Curvature in feet
Major Arterial 588 800
Secondary 388 500
Residential Collector 209 300
Local -189 150
32 405, Para. 4C All changes in street grade shall be connected
by vertical curves designed to provide the
following minimum sight distances 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.
Type of Road
Major Arterial
Secondary
Residential Collector
Local
Minium Sight Distance
in feet
690 475
588 350
380 275
200
349
PAGE SECTION
32 405, Para. 5 Dead -End Streets
Prohibited except as stubs to permit future
extensions to adjoining tracts er-where
neeessitnted-bp-tepegrnphp, or where, in the
opinion of the Commission they are for the
type of development contemplated and are
designed as cul-de-sacs.
32 405, Para. 6 Cul-de-Sacs.
Permanently designed Cul-de-sacs shall not
be longer than ene-theeasend-tw-hndred
ii72GG} six hundred (600) feet from the
nearest intersecting street, and shall be
provided at the closed end with a turnaround
having a radius of at least fifty -450*
sixty (60) feet. Between the street and the
circle there shall be a twenty-five (25)
feet reverse radius.
32 405, Para. 7 Reverse Reserve Strips
Reverse Reserve 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.
34 405, Para. 11A Easements
The subdivider shall grant easements wherever
necessary for public utility, sewer and
drainage purposes on rear lot lines, side lot
lines not less than eight (8) feet wide. Front
lot lines shall have ten (10) feet wide ease-
ments, provided easements of lesser width may
be permitted 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.
There shall be no buildings, structures,
improvements or appurtenances of any kind
erected or placed upon any easement area.
350 PAGE SECTION
35 405, Para.
13C Side lines. Side lines of interior lots
shall be perpendicular to the street lines
or radial to a curved street line unless
otherwise approved by the Commission.
54 604, Para.
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 sken}d-be-eonsidered shall
be required. Fer-this-reesen7-it-Map-be
desirable It may be required that larger
sewers than those needed to service the
immediate subdivision be installed and
certification by a registered professional
engineer that all proposed drainage and
structures are adequately designed to
safely handle surface drainage from a
higher watershed area shall be provided
for approval by the County Engineer.
58 611, Para.
2A3 It shall be mandatory forsubdivisions in
excess of 25 lots or subdivisions located
in areas which exceed the maximum number
of bedrooms permitted per gross acre
4Tab}e-Page-77} (Table Page 60) that public
sewerage facilities e' installed. Subdi-
visions less than 25 lots or developed in
areas having less than the permitted bed-
room facilities per gross acre and meeting
all other criteria established by the State
and County Health Department, private dis-
posal facilities may be considered.
J1 '
PAGE SECTION
65 705
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-srmp}e-tit}e-te-the-beds-of -the-a}}eps
end-streets-end/er-reeds-shown-hereon-nnt#}
deeded-€e-Weshingten-eenntyr and do hereby
dedicate all easement utility, anJ_ rainaae
This deed and agreement of dedication shall
ye alnaing upon my/our grantees, assigns, -
Successors, heirs, and personal representatives.
WITNESS our hands and seals this _ day of
351
PAGE SECTION
65 705 OWNER'S STATEMENT CONTD:
I/We also hereby certify that the require-
ments of Seebtena-59-te-62-ef-Artre�e-the
Annotated Code of Maryland, }966-Rep+aeement
Velume7 1957, (1970 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, mortgages, 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
, 19
WITNESS: (SEAL)
(SEAL)
Owners
We so hereby assent to this Plan of Subdivision.
(SEAL)
WITNESS:
(SEAL)
352
PAGE SECTION
66 707 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 Secretary ,
do hereby certify that said Corporation is the
legal and true owner of the property shown
and described hereon and that said Corpor-
ation does adopt this Plan of Subdivision,
establish the minimum building restriction
lines, and-reserve-the-€ee-srme-4e-€e
the-bes-e€-the-aeps-and-sreets-andfer
reads-shown-hereon-until-deeded-te-Washington
Eenntyr and do hereby dedicate all easement
utility, and drainage areas unto the County
Commissioners of Washington County, Maryland,
and reserve the fee simple title to the beds
of the alleys, streets, rights of way, open
spaces and areas desiqnated for recreation.
me of Corporation) doe
cate said areas to the
ssioners
e use
or the public in general. Said otter snail
not be deemed to be accepted until said offer
is formally accepted in the manner prescribed
by law.
This agreement of dedication and deed shall
be binding upon its grantees, successors and
assigns.
WITNESS the hand and seal of
by its
wTio is duly authorized to execute this
instrument in and on its behalf.
353
PAGE SECTION
66 707 CORPORATION STATEMENT, CONTD:
The Corporation does further certify that
the requirements of Seetiona-54-to 6-ef
Artieie-i9 of the Annotated Code of Mary-
land, }966-Replaeement-vejume; 1957, (1970
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, mortgages, 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)
Witness:
(NAME OF CORPORATION)
By
President
Attest:
Secretary
We do hereby assent to this Plan of Subdivision:
WITNESS:
(SEAL)
(SEAL)
6. Carlton Parsley. Clerk
.6mres F. Strine, Attorney
354
Office of
The County Commissioners
Hagerstown, Maryland
Telephone: 731-0110
September 28, 1971
Planning and Zoning Commission
Court House Annex
Hagerstown, Maryland
Gentlemen:
Lem E. Kirk
President
John E. Easterdny, Vice -Pies.
Harold L. Boyer
Rome F. Schwagel
Calvin II. Shank
Several questions have been brought to my attention
recently pertaining to the Washington County Subdivision
Ordinance with particular reference to the size of plats
and the actual place of recording same. As you know, Section
311 specifies, among other things, the size of the Final
Plat and Section 314 covers the recording of the Final Plat.
A meeting was held Tuesday, September 21, 1971 be-
tween Mr. Vaughn J. Baker, Clerk of the Circuit Court, Mr.
J. Harold Seibert, County Surveyor, Mr. Donald R. Frush,
Chairman of the Planning and Zoning Commission, Mr. Leroy
Burtner, County Planner, and myself in order to resolve
these problems and to bring about a more practical and
efficient manner of handling one -lot plats.
M
Beginning as of September 22, 1971, all Final
One -Lot Plats shall be of legal size, 8 1/2" x 1411, and
shall be attached to the Deed of Conveyance and recorded
among the Land Records of Washington County, Maryland. All
other plats which show and designate two or more lots shall
be 18" x 22 3/4", as set forth in Section 311, and said
plats shall be recorded among the Plat Records in the Office
of the Clerk of the Circuit Court for Washington County.
The time limit for recording all plats remains the same as
set forth in Section 314.
Very truly yours,
JFS/pw �james F. Strine
County Attorney