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HomeMy WebLinkAbout1976 Amendments78 itecdived for :record Jan. 13, 1976 at 3:50 P N. Acts, Ordinances & Resolutions Wash. Co. Lice No. 3 Ily'ulflrii1i ] WASHINGTON COUNTY SUBDIVISION ORDINANCE r r U' ADOPTED DATE: ' u �� ;:'y DECEMBER 30, 1975 3:00 P. M. EFFECTIVE DATE: JANUARY 1, 1976 12:01 A. M. BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND ATTEST: Ronald L. Charles, Clerk Ma in . Sno resident 79 ARTICLE II - DEFINITIONS PAGE SECTION TERMS DEFINED 7 202 8. 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 eave or cornice overhang not exceeding four (4) feet. ] THE LINE INDICATING THE MINIMUM HORIZONTAL DISTANCE BETWEEN THE RIGHT OF WAY OF ANY ;.TREET OR HIGHWAY AS DESIGNATED BY THE WASHINGTON COUNTY HIGHWAY PLAN, AND ANY PART OF ANY BUILDING, EXCEPT AN EAVE OR CORNICE OVERHANG NOT EXCEEDING FOUR (4) FEET. 9 202 21. IMMEDIATE FAMILY MEMBER IMMEDIATE FAMILY MEMBER SHALL MEAN FATHER, MOTHER, SON, DAUGHTER, BROTHER, SISTER, STEP -SON, STEP- DAUGHTER. 9 202 27. [Lot, Front The line separating the lot from the street. In the case of a corner lot, the owner may select either street lot line as the front lot line.] 27. LOT LINE, FRONT THE LINE SEPARATING THE LOT FROM A STREET RIG1'T OF ddAY AS REQUIRED BY 'ME WASHINGTON COUNTY HIGHWAY PLAN AND AS REQUIRED BY SECTION 404 OF THE SUBDIVISION ORDINANCE. IN THE CASE OF A CORNER LOT, THE OWNER MAY SELECT EITHER STREET RIGHT OF WAY LINE AS THE FRONT LOT LINE. 12 202 44. RIUIT OF WAY, PRIVATE [ ] Material Deleted CAPITALS Material Added IXISTING DRIVEWAY OR RIGHT OF WAY LEADING Irrt) i11E. MAIN RESIDENCE OR RESIDENCES OF A:• AREA OF LAND USED FOR AGRICULTURAL PURPOSES. [1] 30 PAGE SECTION TERMS DEFINED 13-14 202 • 47. [ Street Classifications A. Primary Roads. A highway carrying relatively high volumes of traffic between population centers and designed to facilitate traffic movement with a minimum of interruption. B. Secondary Road. A highway providing access to higher -type roads which also serves to connect small communities and nearby areas in addition to serving adjacent properties. C. Residential Collector Streets and Business and Industrial Streets. Highways and/or streets providing access to higher -type roads designed to facilitate community activities but are primarily of local interest. D. Local Roads and Streets. Roads and/or streets that do not serve through traffic but are intended solely for the convenience of abutting property owners. E. Control of Access. The condition where the right of owners or occupants of abutting land or other persons to access, light, air or view in connection with a highway is fully or partially controlled by public -authority. (a) Full Control of Access - means that the authority to control acce:;s f ox�a-- cised to give preference to through [ ] Material Deleted CAPITALS Material Added [2] PAGE SECTION 13-14 202 TERMS DEFINED 47. Street Classifications, Continued traffic by providing access connections with selected public roads only and by prohibiting crossings at grade or direct private driveway connections in any manner. (b) Partial Control of Access - means that the authority to control access is exer- cised to give preference to through traffic to the degree that, in addition to access connections with selected public roads, there may be some crossings at grade and some private driveway connections.] 13-14 202 47. STREET AND HIGHWAY CLASSIFICATIONS DESIGNATIONS GIVEN TO THE STREETS ANT) HIGHWAYS OF THE COUNTY BY THE WASHINGTON COUNTY HIGHWAY PLAN, NOW OR AS HEREINAFTER ADOPTED. THESE DESIGNATIONS ESTABLISH THE RIGHT OF WAY WIDTHS REQUIRED FOR THE STREETS AND HIGHWAYS AND ESTABLISH ACCESS CONTROLS ALONG THOSE STREETS AND HIGHWAYS. C ] Material Deleted CAPITALS Material Added [3] Os nfl ARTICLE III PROCEDURE FOR SUBMISSION OF SUBDIVISION APPLICATION PAGE SECTION 16 302 [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 relationship to site conditions. 2. Proposed methods for handling sewage dis- posal, drainage, water supply and nth..m utilities. The Sketch Plan may be a pencil drawing superimposed 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.] PRELIMINARY CONSULTATION THE OWNER OR OWNERS PROPOSING TO SUBDIVIDE LAND RESULTING IN FIVE (5) OR MORE DIVISIONS OF THE ORIGINAL TRACT (AS OF SEPTEMBER 8, 1970) SHALL CONSULT WITH THE WASHINGTON COUNTY PLANNING COM- MISSION BEFORE SUBMITTING AN APPLICATION FOR PLAT APPROVAL. FOR ANY PROPOSED SUBDIVISION RESULTING IN FEWER THAN FIVE (5) DIVISIONS OF LAND SINCE THE ENACTMENT OF THIS ORDINANCE, PRE- LIMINARY CONSULTATION SHALL BE OPTIONAL. THIS STEP DOES NOT REQUIRE FORMAL APPLICATION, FEE OR FORMAL FILING OF PLAT WITH THE COMMISSION. A SKETCH PLAN SHALL BE SUBMITTED AT LEAST ONE (I) WWWF,EK PRIOR TO THE SCHEDULED CONSULTATION DATE. A WRTTTFT) SUMMARY OF THE PRF.T,TMTNARY CONSULTATION SHALL BE PROVIDED TO THE SUBDIVIDER. L ] Material Deleted CAPITALS Material Added [43 PAGE SECTION 16 302 17 20 306 307 [ ] Material Deleted CAPITALS Material Added PRELIMINARY CONSULTATION (CONTD) THE SKETCH PLAN SHALL INCLUDE THE ENTIRE ORIGINAL (AS OF SEPTEMBER 8, 1970) PARCEL OF LAND AND THE LONG-RANGE PLANS FOR THE SUBDIVISION OF THAT LAND DRAWN TO A REASONABLE SCALE IN ACCORD WITH THE SIZE OF THE ORIGINAL PARCEL. (1"=50', 1"=100' OR 1"=200'). THE SKETCH PLAN SHALL INCLUDE THE FOLLOWING INFORMATION: 1. LOCATION AND SIZE OF TRACT. 2. PROPOSED LAYOUT OF STREETS, LOTS, AND OTHER ELEMENTS BASIC TO THE PROPOSED USE IN RELATIONSHIP TO SITE CONDITIONS. 3. PROPOSED METHODS OF SEWAGE DISPOSAL, STORM DRAINAGE, WATER SUPPLY, AND OTHER UTILITIES. THE SKETCH PLAN MAY BE A PENCIL DRAWING SUPERIMPOSED UPON A PRINT OF A TOPOGRAPHIC SURVEY OF THE AREA PROPOSED TO BE PLATTED, OR MAY BE IN ANY OTHER AP- PROPRIATE GRAPHIC MEDIUM AND FORM CONTAINING THE ABOVE INFORMATION. INFORMATION D. THE CURRENT BOUNDARY AND ACREAGE OF THE TRACT OF LAND FROM WHICH THE LOT OR LOTS ARE PROPOSED TO BE SUBDIVIDED. E. THE TOTAL EXTENT AND ACREAGE OF ANY WATERSHED WHICH DIRECTLY AFFECTS THE SUBDIVISION PROPOSAL. F. THE TOTAL NUMBER OF LOTS AND LOCATIONS OF LOTS WHICH HAVE BEEN PREVIOUSLY SUBDIVIDED FROM THE ORIGINAL TRACT AS IT EXISTED ON SEPTEMBER 8, 1970, THE DATE OF ENACTMENT OF THIS ORDINANCE. SO LONG AS TOTAL NUMBER OF LOTS IS INDICATED, LOTS MAY BE SHOWN COLLECTIVELY BY BLOCK, SECTION, OR RECORD PLAT FOLIO NUMBER. K. PROPOSED ENTRANCE TO EACH LOT OF THE SUBDIVISION ON ANY EXISTING PUBLIC STREET OR HIGHWAY. [5] 84 ARTICLE IV DESIGN PRINICPLES AND STANDARDS PAGE SECTION 31 401, Para. 2 THE WASHINGTON, COUNTY HIGHWAY PLAN MAP, AS ADOPTED NOVEMBER 26, 1974, AND ANY SUBSEQUENT AMENDMENTS THERETO ARE HEREBY INCORPORATED BY REFERENCE. 32 403 MINIMUM WIDTH 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 V, 502. Type of County Road Right of Way Width 1. Primary Roadway (Divided) 150 feet (Undivided) 70 feet 2. Secondary 60 feet 3. Business, Commercial, Industrial (Divided) 80 feet (Undivided) 60 feet 4. Residential Collector 60. feet 5. Local Roads and Streets 50 feet 6. Drainage rights of way 15 feet minimum and/or as required by design standards. 7. Mid Block crosswalks 10 feet] ALL STREET OR HIGHWAY RIGHTS OF WAY SHALL CONFORM TO THE STREET STANDARDS ESTABLISHED IN THE WASHINGTON COUNTY HIGHWAY PLAN. [ ] Material Deleted CAPITALS Material Added [6] 85 PAGE SECTION 33 404 BUILDING SETBACK LINES [Building setback lines shall be regulated by the provisions of the zoning ordinance now or hereinafter adopted appli- cable to said area proposed to be platted, with the exception that front building setback lines shall be as follows: Type of County Road Building setback Building setback from centerline from right of way of right of way line. width. 1. Primary roads a. Divided 125 feet 50 feet b. Undivided 85 feet 50 feet 2. Secondary highways 70 feet 40 feet 3. Business, Commercial, and Industrial Streets a. Divided 80 feet 40 feet B. Undivided 70 feet 40 feet 4. Residential Collector Streets 60 feet 30 feet 5. Local Roads and Streets 50 feet 25 feet] BUILDING SETBACK LINES SHALL BE REGULATED BY THE PROVISIONS OF THE WASHINGTON COUNTY ZONING ORDINANCE AND DISTRICT BOUNDARY MAPS, PROVIDED THAT THE FRONT BUILDING SETBACK LINE SHALL BE MEASURED FROM THE RIGHT OF WAY OF EACH STREET OR HIGHWAY AS ESTABLISHED BY THE WASHINGTON COUNTY HIGHWAY PLAN. 38-39 405, Para. 2A Access Points 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 (70°) degrees, unless otherwise determined by the County Engineer. Land abutting the County primary roads [] Material Deleted CAPITALS Material Added [7] 36 PAGE SECTION 38-39 405,Para. 2A Access Points, (contd.) as designated by the Master Highway Plan shall be platted with the view of making the lots fit for residential use, desirable for such use by cushioning the impact of heavy traffic upon them; also, minimizing interference with the traffic on such primary roads as well as accident hazards from all kinds of subdi- visions. One or more of the following ways or other comparable method (s) shall be used to accomplish this: 1. By providing a local road or street parallel to, but separated from the primary road. The local road or street or any other entrance shall connect the primary road at infrequent interval:. 2. By backing the lots upon primary roads so that they front on and have access from a parallel local road or street one-half block away. 3. By arranging the lots around a series of loop' local roads or streets or dead-end local road:; or streets stemming from a secondary road. Such loops or dead-end shall be one lot in depth away from the primary road. The choice between the foregoing or other method:; for accomplishing the desired purpose in a specific case must necessarily be made in consideration of topography and other physical conditions, the character of existing and contemplated developments, and other pertinent factors. In all cases the mini- mum distance between street connections shall generally conform to the following distances: Primary Roads 500 feet] A. THE LOCATION AND DESIGN OF THE INTERSECTIONS OF PUBLIC STREETS OR HIGHWAYS OR PRIVATE DRIVEWAYS OR RIGHTS OF WAY WITH PUBLIC STREETS, SHALL BE DESIGNED IN CONFORMANCE WITH THE HIGHWAY PLAN STANDARDS ESTABLISHED BY THE WASHINGTON COUNTY HIGHWAY PLAN. [ 3 Material Deleted CAPITALS Material Added [8] 87 PAGE SECTION 38-39 405,Para. 2A Access Points (contd.) THE COMMISSION MAY APPROVE DESIGNS INVOLVING MODI- FICATIONS TO MINIMUM DISTANCE REQUIREMENTS BETWEEN ACCESS POINTS SPECIFIED BY THE STANDARDS ONLY IN INSTANCES WHERE STRICT COMPLIANCE WOULD RESULT IN A SAFETY HAZARD, 1. STREETS SHALL INTERSECT AS NEARLY AS POSSIBLE AT RIGHT ANGLES AND IN NO CASE SHALL THE ANGLE OF INTERSECTION BE LESS THAN SEVENTY (700) DEGREES. 2. SUBDIVISION OF LAND FRONTING UPON A PRIMARY HIGHWAY WHICH IS ZONED IN A BUSINESS OR INDUSTRIAL CLASSIFICATION SHALL BE DESIGNED TO INCLUDE A PARALLEL SERVICE ROAD WITHIN THE REQUIRED RIGHT OF WAY WHICH SHALL EXTEND TO ADJACENT PARCELS WHICH ARE SIMILARLY LOCATED IN A BUSINESS OR INDUSTRIAL ZONING CLASSIFICATION. SUCH SERVICE ROAD SHALL BE DESIGNED AND CON- STRUCTED TO COUNTY STANDARDS AND DEDICATED TO THE COUNTY. 39-40 405, Para. 3A Street Grades [ ] Material Deleted Type of County Street [Primary Roads Secondary Business, Commercial, Industrial Residential Collector Local Roads and Streets TYPE OF STREET OR HIGHWAY PRIMARY SECONDARY COLLECTOR LOCAL Percent Guide I 8 10 10] T'LRUrl i ?Itl , )L 6 8 10 10 CAPITALS Material Added [9] PAGE fECTION 1+0 405, Para. 4A Street Alignment Type of County Road Tangent in Feet [Primary and secondary 200 Residential Collector 100 TYPE or S'IREI;T OP. HI+d[WAY 'I'ANnEN`P f*1 I"!":' PRIMARY 200 SECONDARY 200 COLLECTOR 100 LOCAL 100 40 405, Para. 4B Type of County Road Minimum Radius; of Curvature in Feet [Primary Roads 700 Secondary 500 Business, Commercial, Industrial 500 Residential Collector 300 Local Roads and Streets 150] TYPE OF STREET OR HI(I1WAY Minimum Radius of Curvature in Feet PRIMARY 700 SECONDARY 500 COLLECTOR 300 LOCAL 150 40-41 405, Para. 4C Type of Street or Highway Minimum Sight Distance in Feet [Primary Roads 375 Secondary 275 Residential Collector 275 Business, Commercial, Industrial 275 Local Roads and Streets 200] Type of Street or Highway Minimum Sight Distance in Feet PRIMARY 375 [ ] Material Deleted SECONDARY 275 CAPITALS Material Added COLLECTOR 275 LOCAL 200 [10] 89 PACE SECTION 43-44 405, Para. 12 (B) [Lots to abut on public streets. Every lot shall abut on a public street or road which has been dedicated to public use or which has acquired the status of a public road. The Commission may approve not more than two (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 instal- lation of public utilities, is accessible for other public services, and is not detrimental to future subdivision of adjacent lands. Commentary: "For purposes of this section private driveway or right of way refers to existing driveways or rights - of -way leading into the main residence and buildings of an area of land used for agricultural purposes."] LOTS TO ABUT PUBLIC STREETS: EVERY LOT SHALL ABUT AT A MINIMUM WIDTH OF TWENTY-FIVE (25) FEET ON A STREET OR ROAD WHICH HAS BEEN DEDICATED TO PUBLIC USE AND ACCEPTED FOR PUBLIC MAINTENANCE WITH THE FOLLOWING EXCEPTION: (A) THE COMMISSION MAY APPROVE THE SUBDIVISION OF LAND SOLELY FOR TRANSFER TO A MEMBER OR MEMBERS OF THE IMMEDIATE FAMILY OF THE OWNER OF THE ORIGINAL TRACT, WITH LOTS FRONTING ON A PRIVATE DRIVEWAY OR PRIVATE RIGHT OF WAY WHICH LEADS TO THE MAIN RESIDENCE OR RESIDENCES AND BUILDINGS OF AN AREA OF LAND USED FOR AGRICULTURAL PURPOSES. NOT MORE THAN ONE (1) LOT SHALL BE SO CONVEYED Tr) ANY ONE INDIVIDUAL MEMBER OF THE IMMEDIATE. FAMILY. ANY SUCH SUBDIVISION OF LAID SHALL BE ACCOMPANIED BY A NOTE ON THE PLAT OF SUBDIVISION REFERENCING THE INTENT AND ASSURANCE OF THE OWNER TO TRANSFER C ] Material Deleted LAND ONLY TO A MEMBER OF THE IMMEDIATE FAMILY. CAPITALS Material Added