HomeMy WebLinkAbout2006SUBDIVISION ORDINANCE
WASHINGTON COUNTY, MARYLAND
Includes text amendments through
SO -06-002 (adopted 10/31/06)
AMENDMENTS
CASE
SECTION NO.
APPROVAL DATE
S-1
202.25
8-06-85
S-2
604.
10-15-85
S-3
405.5
2-10-87
S-4
405.11.B.1(b)
4-26-88
S-5
406.; 407.; 408.
6-13-89
Development
Fees
319.
7-01-89
Panhandle
Lots
405.11.B.;405.11.G.
10-31-89
S-6
405.11.B.1.; 405.11.B.1(b)
7-31-90
S-7
102.; 202.2; 302.; 315.2; 401.4
12-11-90
S-8
102.; 202.15.; 202.21.; 202.23.;
307.2.F.; 308.1.; 314.19.; 314.20.;
401.5.; 406.; 408.
2/09/93
S-9
202.1.; 318.1.; 318.3.A.
12-21-93
SO -96-01
202.; 302.; 306.; 307.; 314.; 318.
409.; 410.; 411.;
11/5/96
SO -99-01
202.3.; 405.11.B.1.
5/25/99
SO -99-02
318.1.; 318.2.; 318.3
5/25/99
SO -00-01
202.; 302.
10/17/00
SO -06-001
319 (repealed & reenacted)
4/14/06, eff.
7/1/06
SO -06-002
202.48.1; 308.2.A; 308.2.K.; 310;
318.2.L.;318.4.A.
10/31/06
TABLE OF CONTENTS
ARTICLE I - INTENT, PURPOSE AND ADMINISTRATION ......................1
101.
SHORT TITLE..........................................................................................................1
102.
INTENT AND PURPOSE........................................................................................1
103.
ADMINISTRATION OF REGULATIONS..............................................................1
104.
JURISDICTION.........................................................................................................1
105.
APPLICATION..........................................................................................................
2
106.
SUBDIVISION OF RECORD...................................................................................2
107.
MODIFICATION......................................................................................................2
108.
ASSESSMENT OF LOTS IN A SUBDIVISION.......................................................2
109.
APPEAL......................................................................................................................
2
110.
AMENDMENTS........................................................................................................2
111.
VALIDITY..................................................................................................................3
112.
VIOLATIONS AND PENALTIES............................................................................3
113.
REPEAL.....................................................................................................................3
114.
SAVING CLAUSE......................................................................................................3
115.
ENACTMENT...........................................................................................................3
ARTICLE II - DEFINITIONS
4
...........................................................................
201.
GENERAL..................................................................................................................4
202.
TERMS DEFINED....................................................................................................4
ARTICLE III - PROCEDURE FOR SUBMISSION OF SUBDIVISION
APPLICATIONS.................................................................................................14
301.
METHOD.................................................................................................................14
302.
PRELIMINARY CONSULTATION......................................................................14
303.
PRELIMINARY PLAT APPLICATION.................................................................15
304.
PRELIMINARY PLAT............................................................................................15
305.
FORM OF PRELIMINARY PLAT SUBMISSION.................................................15
306.
INFORMATION.....................................................................................................15
307.
TITLE DESCRIPTION...........................................................................................16
308.
OTHER PRELIMINARY PLAT INFORMATION...............................................19
309.
PRELIMINARY PLAT APPROVAL.......................................................................
21
310.
EXTENSION OF TIME FOR APPROVAL OR DISAPPROVAL OF
PRELIMINARYPLATS
21
..........................................................................................
311.
PRELIMINARY PLAT WITHDRAWAL................................................................
21
312.
FINAL PLAT............................................................................................................
21
313.
FORM OF FINAL PLAT SUBMISSION................................................................
21
314.
INFORMATION.....................................................................................................
22
315.
FINAL PLAT APPROVAL.......................................................................................25
316.
WITHDRAWAL.......................................................................................................
26
317.
GUARANTEE OF PUBLIC IMPROVEMENTS PRIOR TO RECORDING
FINALPLAT............................................................................................................26
318.
SIMPLIFIED PLAT PROCEDURE........................................................................26
319.
FEES............................................................................30
ARTICLE IV - DESIGN PRINCIPLES AND STANDARDS ..........................31
401.
GENERAL................................................................................................................
31
402.
STREETS AND HIGHWAYS..................................................................................
31
403.
MINIMUM WIDTHS OF RIGHTS OF WAY.........................................................32
404.
BUILDING SETBACK LINES................................................................................32
405.
STREET LAYOUT AND DESIGN.........................................................................32
406.
TREE CUTTING.....................................................................................................
38
407.
HOUSE ORIENTATION.......................................................................................38
408.
TREE CUTTING GUIDELINES...........................................................................38
409.
STREAM BUFFERS................................................................................................39
410.
STEEP SLOPE.........................................................................................................
41
411.
SPECIAL PLANNING AREAS...............................................................................
42
ARTICLE V - STREET AND UTILITY IMPROVEMENTS .........................
44
501.
REQUIREMENTS..................................................................................................
44
502.
MINIMUM STANDARDS FOR NEW STREET AND HIGHWAY
44
CONSTRUCTION...................................................................................................
503.
PIPE STANDARDS AND SIZES............................................................................44
504.
STORM DRAINAGE...............................................................................................
45
505.
PUBLIC UTILITIES................................................................................................
45
506.
MONUMENTS AND MARKERS...........................................................................45
507.
CURBS AND GUTTERS.........................................................................................46
508.
SIDEWALKS.............................................................................................................
46
509.
COMPLETION........................................................................................................
46
ARTICLE VI - CERTIFICATES.......................................................................
47
601.
GENERAL................................................................................................................
47
602.
CERTIFICATE OF APPROVAL.............................................................................47
603.
LAND SURVEYOR'S CERTIFICATE...................................................................47
604.
OWNER'S STATEMENT.......................................................................................
47
605.
CERTIFICATE OF APPROVAL - INDIVIDUAL WATER SUPPLY AND
INDIVIDUAL SEWERAGE SYSTEM (REQUIRED FOR PRELIMINARY AND FINAL
49
PLATs)........................................................................................................................
606.
CORPORATION STATEMENT............................................................................
49
607.
CERTIFICATE OF APPROVAL OF COMMUNITY WATERAND/OR
SEWERAGESYSTEM.............................................................................................
51
608.
INTERIM FACILITIES PROVISION CERTIFICATION ...................................
51
11
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 coordinate 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 equipment; to provide for the equitable distribution of
the costs and benefits of public works and facilities; to provide for circulation for school bus routes,
mail and other delivery services; to relieve traffic congestion; to maintain property values; and for
the general purpose of guiding and accomplishing coordinated and harmonious development in
Washington County. It is the intent of this Ordinance 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 processing of plans. It is the intent of these regulations to expedite and not hinder acceptable
development.
'It is the intent of this Ordinance that all subdivision activity conform to the requirements and
standards of the Adequate Public Facilities Ordinance except those subdivisions specifically
exempted by said Ordinance.
2It is the intent of this Ordinance that all subdivision activity be in accordance with the requirements
and standards of the Washington County Forest Conservation Ordinance.
103. ADMINISTRATION OF REGULATIONS
These subdivision regulations shall be administered by the Washington County Planning
Commission. All applications, fees, maps, and documents relative to subdivision approval shall be
submitted to the Washington County Planning 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.
Amended 12/11/90 (Text Amendment Case No. S-7)
2 Amended 2/09/93 (Text Amendment Case No. S-8)
105. APPLICATION
No land within Washington County, outside incorporated 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 hardships 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.
109. APPEAL
Appeal by any person aggrieved from any action of the Commission shall be to the Board of Zoning
Appeals pursuant to the provisions of Article 25 of the Washington County Zoning Ordinance.
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.
111. VALIDITY
If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is, for any
reason, held by a court of competent jurisdiction 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 upon conviction by a fine of not less than Two Hundred ($200.00) Dollars nor more
than One Thousand ($1,000.00) 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 with this Ordinance, as
provided for in Article 66B of the Annotated Code of Maryland, as amended from time to time.
113. REPEAL
The Subdivision Ordinance entitled Subdivision Ordinance, Washington County, Maryland, enacted
by and made effective by the Board of County Commissioners of Washington County, Maryland, on
September 8, 1970, and all amendments thereto are hereby repealed. All other ordinances or laws in
conflict with the provisions of this Ordinance are also repealed to the extent necessary to give this
Subdivision Ordinance full effect.
114. SAVING CLAUSE
Any prosecution arising from a violation of any Ordinance repealed by this Subdivision Ordinance
which prosecution may be pending at the time this Ordinance becomes effective, or any prosecution
which may be started within one (1) year after the effective 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 Ordinance shall be tried and determined exactly as if such Ordinance had not
been repealed.
115. ENACTMENT
Enacted this 13th day of January, 1981.
The effective date of this Ordinance shall be March 1, 1981.
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, lessee, agent, servant, officer or employee of any of
them. The word "land" shall include water surface and land under water.
202. TERMS DEFINED
31. Accessory Structures
A use or structure of a nature customarily incidental and subordinate to the principal use or
structure.
42. Adequate Public Facilities Ordinance
The Adequate Public Facilities Ordinance adopted by the Board of County Commissioners
for Washington County on October 16, 1990 having an effective date of December 1, 1990
and any subsequent revisions.
53. Agriculture or Agricultural Purposes
A parcel of land that has been determined by the Maryland Department of
Assessments and Taxation as having an `Agricultural Use Assessment' or a parcel of
land that is primarily involved in a bona fide and continuing agricultural activity, such
as, the raising of farm products for use or sale, including animal or poultry
husbandry, and the growing of crops such as grain, vegetables, fruit, grass for pasture
or sod, trees, shrubs, flowers and similar products of the soil.
4. Alley
A right of way other than a street which provides service access for vehicles to the side
or rear of abutting property.
5. Bench Mark
A monument for which an accurate elevation has been established and shown on the
plat.
s Amended 12/21/93 (Text Amendment Case No. S-9)
' Amended 12/11/90 (Text Amendment Case No. S-7)
5 Amended 5/25/99 (Case No. SO -99-01)
4
6. Block
Grouping of lots unseparated by streets, parks, main waterways or other natural barriers,
or subdivision boundary lines.
7. Board of County Commissioners
The local Legislative Body of Washington County, Maryland.
8. Building Setback Line, Building Line, or Building Restriction Line.
The line beyond which a building shall not extend in either a front, side, or rear
direction as determined by requirements of the Zoning Ordinance, County Health
Department Regulations, or the County Highway Plan. In case of conflict among the
requirements, the most restrictive shall apply.
9. Cluster
The development of land by clustering varying lot sizes with the terrain left open
between and among the built-up clusters.
10. Commission
The Washington County Planning Commission.
11. Comprehensive Development Plan and/or County Development Plan.
See Plan. Definition # 46.
12. County
Washington County, Maryland.
13. Chief Engineer
The duly designated Chief Engineer of Washington County, Maryland.
14. County Health Department
The Washington County Health Department.
615. Declaration of Intent
A signed and notarized statement by the landowner or the owner's agent certifying that
the activity on the landowner's property:
6 Amended 2/09/93 (Text Amendment Case No. S-8)
5
(1) Is for certain activities exempted under the Washington County Forest
Conservation Ordinance, and
(2) Does not circumvent the requirements of the Forest Conservation
Ordinance
16, Dedication
The deliberate setting aside of land by the owner for any general and public uses,
reserving to himself no other rights than such are compatible with the full exercise and
enjoyment of the public uses to which the property has been devoted.
17. Development
Any activity, other than normal agricultural activity, which materially affects the existing
condition or use of any land or structure.
18. Developer
Any individual, firm, association, syndicate, co -partnership, corporation, trust or any
other legal entity or agent thereof commencing proceedings under this Ordinance to
effect a subdivision of land hereunder for himself or for another, and while used here in
the masculine gender and singular number it shall be deemed to mean and include the
feminine or neuter gender and the plural number whenever required. The term
developer is intended to include the term subdivider.
19. Easement
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 persons for specific
uses and purposes.
20. Floodplain, 100 Year
The floodplain as delineated in the Flood Insurance Study (FIS) prepared by the
Department of Housing and Urban Development/Federal Insurance Administration
(HUD/FIA) showing areas subject to inundation by waters of the 100 Year Flood.
721. Forest Conservation Ordinance
The Washington County Forest Conservation Ordinance adopted by the Board of
County Commissioners for Washington County on February 2, 1993 and any
subsequent revisions, including by reference the Washington County Conservation
Technical Manual.
Amended 2/09/93 (Text Amendment Case No. S-8)
822. Forest Conservation Plan
The detailed plan and supporting documents prepared for a site proposed for
subdivision which shows how forest conservation, reforestation or afforestation will be
completed in accordance with the Forest Conservation Ordinance and the Washington
County Forest Conservation Technical Manual.
923. Forest Stand Delineation
The detailed methodology and document for evaluating existing trees and vegetation on
a site proposed for subdivision, in accordance with the Forest Conservation Ordinance
and the Washington County Forest Conservation Technical Manual.
24. 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.
1025. Immediate Family Member
Immediate family member shall mean father, mother, step -father, step -mother, son,
daughter, brother, sister, step -son, step -daughter, grandchild.
26. 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 other
accessory works and appurtenances, dwellings, farm buildings, and other principal or
accessory structures.
27. Interior Walk and/or Crosswalk
A right of way for pedestrian use extending from a street into a block or across a block
to another street.
28. Jurisdiction
The territory of a county or municipal corporation within which its powers may be
exercised.
29. 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
s Amended 2/09/93 (Text Amendment Case No. S-8)
9 Amended 2/09/93 (Text Amendment Case No. S-8)
10 Amended 8/6/85 (Text Amendment Case No. S-1)
whether immediate or future.
30. Lot of Record
Any lot or parcel legally recorded in the Land Records of Washington County as of
September 8, 1970.
31. 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.
32. Lot, Double Frontage
A lot the opposite ends of which abut on streets.
33. Lot Line, Front
The line separating the lot from a street right of way as required by the 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. In the case of a panhandle lot, the front lot line shall be measured from the
point or angle where the principal body of the lot joins with the "handle" but not from
the line where the "handle" meets with the public street or road.
34. Lot, Depth
The mean horizontal distance between the front and teat lines of a lot.
35. Lot, Width
The horizontal distance between the sidelines of a lot or lots measured at the mid -points
of the sidelines.
36. 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.
37. 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.
37.1 Major Subdivision"
A major subdivision is the division of a lot, tract or parcel into six (6) or more lots
for the immediate or future transfer of property ownership.
38. Map
Plat.
38.1 Minor Subdivision12
A minor subdivision is the division of a lot, tract or parcel into five (5) or less lots for
the immediate or future transfer of property ownership.
39. Official County Highway Plan
That part of the Plan for Washington County, now or hereafter adopted, which includes
a street and highway plan and sets forth the location, alignment, identification, access
and right of way requirements, and classification of existing and proposed streets,
highways, and other thoroughfares. The Highway Plan and its standards are
incorporated into this Ordinance by reference.
40. Ordinance
This Ordinance and all subsequent additions or amendments thereto.
41. 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.
42. 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.
43. Panhandle Lot
A polygonal shaped lot with the appearance of a "pan" or "flag and staff' in which the
handle is most often used as the point of access to a street or road. The "handle", when
less than the minimum width for a building lot in the Zoning District where it is to be
located, is not to be used in computing the minimum area required.
Section 37.1 added 10/17/00 (Case No. SO -00-01)
12 Section 38.1 added 10/17/00 (Case No. SO -00-01)
44. Performance Guarantee
Any security which may be accepted by the Board of County Commissioners, before the
Planning Commission approves a plat, in lieu of the completion of certain
improvements, such security to include but not limited to performance bonds, escrow
agreements and other similar collateral or surety agreements with said surety to be
approved by the Board of County Commissioners of Washington County.
45. Person
A corporation, firm, partnership, association, organization or any other group acting as
an estate unit, as well as a natural person.
46. Plan
The policies, statements, goals, objectives, and interrelated plans relating to the use of
land in the County, or to transportation and community facilities, housing, parks,
historic sites, or other elements that are documented in text and maps that constitute a
guide for the future development of the County. The word "Plan" shall include the
General Plan, Community Plan, and the like as adopted.
The foregoing applies to these elements adopted by the Board of County
Commissioners of Washington County from the effective date of such adoption.
47. Plat
A map, plan, chart or drawing indicating the subdivision or resubdivision of land filed or
intended to be filed for the record.
A. Preliminary Consultation Plan.
A preliminary sketch plan of the proposed plat showing the subdivider's
desires in regard to the future development of land for informal
consideration by the Planning Commission.
B. Preliminary Plat.
A tentative map indicating the subdivision of land, prepared in accordance
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, (a)
containing a detailed plan of the property, giving all dimensions, angles and
bearings, together with such information, statements and certificates as
required by this Ordinance, (b) presented to the Planning Commission for
10
approval, and (c) which when approved, will be submitted to the Clerk of the
Circuit Court for Washington County for recording.
48. Recorder
The Clerk of Circuit Court for Washington County.
48.1 Remaining Lands"
That portion of a subdivision for which no improvements have been identified at the time of
subdivision except for existing dwellings, structures or appurtenances. Only one area or
parcel on a subdivision plat may be identified as remaining lands. Land which cannot be
subdivided any further because of zoning lot size requirements or other development
limitations such as on -lot sewage system locations, shall be treated as a lot, not remaining
land, and shall be subject to all development regulations.
49. 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.
50. Resubdivision
A change in a plat of an approved or recorded subdivision if such change affects any
street layout, any lot line, or any area reserved or dedicated to public use.
51. Right of Way, Public
A land area designated, dedicated, or reserved for use as a highway, street, alley, or
interior walk, or for a drainage channel, or other public purpose.
52. Right of Way, Private
An easement or right of passage over privately owned lands.
53. State Health Department
Maryland State Department of Health and Mental Hygiene.
54. Steep Slope14
Slopes of 25% or more, or slopes greater than 15% where the soil erodability
coefficient or K factor as determined by the most current soil survey for Washington
County, Maryland is 0.35 or greater.
"Added 10/31/06 (Case No. SO -06-002)
14 Added 11 /5/96 (Case No. SO -96-01)
11
55. Stream's
A perennial or intermittent stream identified in the most current soil survey for
Washington County, Maryland and field verified when necessary.
56. Stream Buffer16
An area on one or both sides of a stream that is designated for the purpose of
protecting, preserving or improving water quality by providing for filtration and
dissipation of the energy of flowing water or the maintenance or stabilization of the
stream bank to prevent erosion.
57. Street and/or Highway
A public right of way, intended for vehicular traffic, including freeways, expressways,
arterials, 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.
58. Street and Highway Classifications
Designations given to streets and 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.
59. Subdivision of 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 purpose, whether immediate or future,
of sale or of building 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 66B, of the Annotated Code of Maryland as
amended from time to time.
The term subdivision does not include any sale or transfer, whether by gift, purchase,
or otherwise, of a portion of a lot, tract, or parcel of land to the State government,
the Federal government, or the County government, or to any agency thereof for any
purpose, nor shall the term subdivision include the sale or transfer to any
municipality when such sale or transfer is for the purpose of acquisition of a road
right of way.
The term subdivision does not include sale or transfer of a portion of a lot, tract, or
parcel of land where the portion to be sold or transferred has been physically
'5Added 11/5/96 (Case No. SO -96-01)
16 Added 11/5/96 (Case No. SO -96-01)
12
separated from all other portions of the same lot, tract, or parcel of land by a public
highway, other publicly owned land, or a right of way in fee.
53. Zoning Ordinance
The Zoning Ordinance and District Boundary Maps for Washington County,
Maryland, and all subsequent additions or amendments thereto.
13
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. Preliminary Consultation
2. Preliminary Plat Review and Approval
3. Final Plat Review and Approval
302. PRELIMINARY CONSULTATION" 18
The owner or owners proposing to subdivide land resulting in six (6) or more divisions of the
original tract (as of September 8, 1970) shall consult with the Washington County Planning
Commission before submitting an application for plat approval. For any proposed subdivision
resulting in fewer than six (6) divisions of land since the enactment of this Ordinance, preliminary
consultation shall be optional.
19This step does not require formal application, fee or formal filing of plat with the Commission.
Twelve (12) copies of a sketch plan and two (2) copies of a forest stand delineation shall be
submitted at least three (3) weeks prior to the scheduled consultation date. A written summary of
the preliminary consultation shall be provided to the subdivider which will include a preliminary
indication of the adequacy of public facilities according to the standards and requirements of the
Adequate Public Facilities Ordinance.
The sketch plan shall include the entire original parcel of land (as of September 8, 1970) and any
short or long range plans for the subdivision of that land and shall be drawn to a reasonable scale in
accord with the size of the original parcel, (e.g. 1" = 50', 1" = 100', 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.
3. Proposed methods of sewage disposal, storm drainage, water supply, and for
providing other utilities.
4. Minimum topographic information sufficient to determine surface drainage patterns
and principal drainage areas. Any area of steep slope as defined in Section 202.54
shall also be identified.
5. The source of existing contours as they are shown on the sketch plan.
6. The location of any 100 -year floodplain as regulated by the Washington County
Flood Plain Management Ordinance.
7. The existence of the habitat of a plant or animal species determined by the U.S. Fish
" Section 302.4 amended and 302.6-10 added 11/5/96 (Case No. SO -96-01)
'a Section 302. amended 10/17/00 (Case No. SO -00-01)
t9 Amended 12/11/90 (Text Amendment Case No. S-7)
14
and Wildlife Service to be threatened or endangered according to the definitions
contained in 50 CFR 17.
8. The location of any perennial or intermittent stream as defined in Section 202.55.
9. The location of the Appalachian Trail if within 1000' of the proposed development.
(This information may be shown in the vicinity or location map).
10. Where applicable, notation of the property's location within the watershed
boundaries of the Edgemont or Smithsburg reservoirs or the Upper Beaver Creek
Drainage Basin as delineated on maps prepared and provided by the Washington
County Planning Commission.
Any preliminary plat resulting from a preliminary consultation shall be submitted to the Commission
for approval within one (1) year of the consultation.
303. PRELIMINARY PLAT APPLICATION
A developer or subdivider desiring approval of a plat of a subdivision or
resubdivision of any land lying within the jurisdiction of Washington County, shall
submit a written application for approval and the number of plats required by
Section 308 herein, to the Commission for tentative or conditional approval prior to
the submission of a final plat.
2. Land may not be subdivided unless adequate access is provided over approved
streets, nor may it be subdivided if it is considered by the Commission to be
unsuitable for the proposed use by reason of flooding, improper drainage, geological
structure, topography, or any other feature harmful to the health, safety, and general
welfare of the residents of the community.
304. PRELIMINARY PLAT
The Preliminary Plat shall be prepared to meet the minimum requirements as detailed under Article
IV, Design Principles and Standards, and Article V, Street and Utilities Improvements, of this
Ordinance.
305. FORM OF PRELIMINARY PLAT 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 or, upon
prior approval of the Planning Commission, at an alternate scale appropriate for the lot being
subdivided.
306. INFORMATION
The preliminary plat shall include the following information:
15
Vicinity Plan
A vicinity plan drawn to a scale that will satisfy the requirements of items A through
F below, showing the relationship of the platted land to its general surroundings and
showing the following details:
A. Existing or mapped streets within one thousand (1000) feet of the
subdivision.
B. Municipal boundaries within one thousand (1000) feet of the tract if known
to the developer.
C. The current boundaries and acreage of the tract of land from which the lot
or lots are proposed to be subdivided. The frontage and point of access for
remaining land should be clearly shown on the plat.
D. The total extent and acreage of any watershed which directly affects the
subdivision proposal. Watershed areas of less than 400 acres may be so
indicated by means of a note on the plat. Where applicable, notation of the
site's location within the Edgemont or Smithsburg reservoir watersheds or
the Upper Beaver Creek watershed shall be made on the plat. The
boundaries of any watersheds shall be shown if they are within one thousand
(1000) feet of the subject property.20
E. The total number of lots and locations of lots which have been subdivided
from the original tract since September 8, 1970. Lots may be shown by
block, section, or recorded plat folio number so long as the total number of
lots is indicated.
F. Where applicable, any portion of the Appalachian Trail within one thousand
(1000) feet of the subject property.21
307. TITLE DESCRIPTION
The preliminary plat shall include the following:
1. Contents
A. Proposed name of subdivision. The name shall not duplicate, or be similar in
pronunciation to the name of any other recorded subdivision.
B. Location by tax map number, election district, county and state, or by other
legal description and zoning district classification.
C. Name and address of the owner or the subdivider, if other than the owner.
2° Section 306.1.D. amended 11/5/96 (Case No. SO -96-01)
2' Section 306.1.F. added 11/5/96 (Case No. SO -96-01)
16
D. Certificate signed by a licensed land surveyor, registered in the State of
Maryland, responsible for the survey and preliminary plat.
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. Where the subdivision involves
the vacating of existing boundaries, the vacated lines shall be shown as a thin
dashed line.
B. Locations, width, and names of all existing or prior platted streets or other
public rights of way, streets, railroad, or utility rights of way, and parks or
other public open spaces, and municipal corporation lines within or adjoining
the tract, to the extent known to the developer.
C. Utilities on and within 100 feet of the perimeter of the parcel being
subdivided; 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 of, distance to, and size of nearest
water mains and sewers showing invert elevation of sewers to extent known
to developer.
D. Existing contours with intervals of not more than five (5) feet where the
slope is ten percent (10%) or greater and not more than two (2) feet where
the slope is less than ten percent (10%). Areas of steep slope as defined in
Section 202.54 shall be highlighted on the plan. Elevations shall be based on
the U. S. Geodetic Survey or equivalent adjusted datum if practicable. Source
of contour information shall also be provided on the plat. With the
exception of concept plans, only photogrammetry and field surveys will be
acceptable for the establishment of existing contours. Data indicating the
direction and degree of slope may be used for subdivisions with existing
improvements in lieu of contours or spot elevations where the latter are not
available.22
E. Subsurface conditions on the tract: location and results of tests made to
ascertain geological structure, ground water conditions; depth to ground
water conditions; depth to ground water unless test pits are dry at a depth of
seven (7) feet when tested.
23F. Other conditions on the tract: water courses and perennial or intermittent
streams as defined in Section 202.55, marshes, rock outcrop areas showing
on the surface of the land, soil types and a specific notation of any soils on
u Section 307.2.D. amended 11/5/96 (Case No. SO -96-01)
23 Amended 2/09/93 (Text Amendment Case No. S-8)
17
slopes of 15% or greater with a K factor of 0.35 or greater, wetlands as
identified on the non -tidal wetlands guidance maps prepared by the Maryland
Department of Natural Resources, limits of the one hundred year floodplain,
and other significant features. Unless exempt, a Forest Conservation Plan
shall be prepared for the entire site in accordance with the Forest
Conservation Ordinance and Manual.24
G. Other conditions on adjoining land within 100 feet of the newly created lot
lines; approximate direction and gradient of ground slope, including any
embankments or retaining walls; character and location of private sewer
systems; railroads, utility lines; towers; and other nearby non-residential land
uses or adverse influences; owners of adjoining platted and 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 the owner.
I. In the case of resubdivision, 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 and confusion.
J. The location and description of the habitat of a plant or animal species
determined by the U.S. Fish and Wildlife Service to be threatened or
endangered according to the definitions contained in 50 CFR 17, if any. The
threatened or endangered species need not be named.
2s
3. Proposed Conditions
A. Streets: names, rights of way widths.
B. Other rights of way or easements: location, width, and purpose.
C. Location of utilities, if not shown on other exhibits.
D. Lot lines, lot numbers, and block numbers.
E. Sites, exclusive of one and two family dwellings, for multi -family dwellings, shopping
centers, churches, public utilities, industry or other non-public use.
F. Minimum building setback lines.
24 Section 307.2.F. amended 11/5/96 (Case No. SO -96-01)
25 Section 307.2.J. added 11 /5/96 (Case No. SO -96-01)
G. Site data, including number of residential lots; lot type; lot size; acres in parks, open
spaces or school sites, if applicable; and total acreage of remaining land.
H. Title, scale, north arrow, and date.
I. Parcels of land to be reserved or dedicated 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.
Proposed entrance to each lot of the subdivision on any existing public street or
highway.
K. Any other protective measure such as setbacks or use limitations required by the U.S.
Fish and Wildlife Service to prevent impact on the habitat of a threatened or
endangered species that has been verified to be located on the development site 26
L. Stream buffers as defined in Section 202.56 and recommended by the Soil
Conservation District. The Soil Conservation District shall base its
recommendations on Practice Standard #393 -Filter Strips, as described in the
District's technical manual titled The Natural Resource Conservation Service Maryland
Technical Guide and any subsequent revisions or substitutions. The guidelines are also
contained in Section 409 of this Ordinance.27
M. Any setbacks required to prevent impact on the Appalachian Trail according to the
standards contained in Section 411.2 28
308. OTHER PRELIMINARY PLAT INFORMATION
291. The preliminary plat shall be accompanied by profiles showing existing ground
surface and proposed street grades, including extensions for a reasonable distance
beyond the limits of the proposed subdivision, typical cross sections of the proposed
grading, roadway pavement and sidewalk; preliminary plans of proposed sanitary and
storm water sewers with grades and sizes indicated; plans for storm water
management facilities in accordance with the Storm Water Management Ordinance;
and where required, proposed locations and type of sewage disposal facilities. All
engineering documentation shall be reviewed by the County Engineer, and all other
agencies having a direct interest in the installation of the above -mentioned services.
Unless exempt by the Washington County Forest Conservation Ordinance, a
preliminary Forest Conservation Plan shall also be submitted.
26 Section 307.3.K. added 11/5/96 (Case No. SO -96-01)
27 Section 307.3.L. added 11/5/96 (Case No. SO -96-01)
28 Section 307.3.M. added 11/5/96 (Case No. SO -96-01)
29 Amended 2/09/93 (Text Amendment Case No. S-8)
19
2. The developer or subdivider shall submit to the Commission the number of copies
specified by the Commission or, if none is specified, twelve (12) copies of the plan.
The developer or subdivider shall also submit copies of the supplementary
documentation for transmittal to any of the following agencies for review and/or
approval when the agency has a direct interest in the installation or maintenance of
utilities, roads, or other public services to serve the subdivision.
The agency shall review the plan and supplementary documentation and, when
required, shall recommend approval or disapproval of the plan.
A. Washington County Department of Water Quality.30
B. Washington County Health Department.
C. Washington County Engineer.
D. Maryland State Highway Administration as to right of way requirements and
access to state roads.
E. Any municipal corporation to review subdivision 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.
I. State Fire Marshal.
J. Fire and Rescue Communications.
K. Maryland Water Resources Administration31
An appropriation permit from the Maryland Water Resources Administration
is required for subdivisions of ten (10) lots or more which are dependent on
wells for water supply. The Planning Commission will approve the
subdivision of such lots conditioned upon the issuance of a water
appropriation permit by the Water Resources Administration. The owner
shall sign a statement on the plat certifying: "I/We do hereby acknowledge
that an approved water appropriation permit from the Maryland Water
Resources Administration is required prior to the development of said lots.
This acknowledgement shall be binding upon my/our guarantees, assigns,
successors, heirs, and personal representatives."
3° Amended 10/31/06 (Case No. SO -06-002)
Amended 10/31/06 (Case No. SO -06-002)
20
3. Any other agencies whose reviews, in the opinion of the Commission, are required
for protection of the public health, safety and general welfare of the present and
future population of Washington County.
309. PRELIMINARY PLAT APPROVAL
The Commission shall act to either approve, conditionally approve, or disapprove
the preliminary 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 indicated 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.
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. EXTENSION OF TIME FOR APPROVAL OR DISAPPROVAL OF
PRELIMINARY PLATS32
Upon written request from the developer, the Planning Commission, or its designee, the Planning
Director, may extend the time for approval or disapproval of the preliminary plat beyond sixty (60)
days for such period as deemed appropriate.
311. PRELIMINARY PLAT WITHDRAWAL
A preliminary plat, upon written request of the applicant, shall be withdrawn from consideration by
the Planning Commission, provided that the written request is received prior to the expiration date.
312. 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 conforms 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.
313. FORM OF FINAL PLAT SUBMISSION
After a preliminary plat has been approved by the Commission, the developer or subdivider shall
submit eight (8) black line reproductions of the final plat of the subdivision. The reproductions shall
32 Amended 10/31/06 (Case No. SO -06-002)
21
be submitted ten (10) days, or such less period as may be specified by the Commission, prior to the
date of the meeting at which the final plat is to be considered by the Commission. The scale shall
not be greater than one (1) inch equals one hundred (100) feet, or, upon prior approval of the
Planning Commission, at an alternate scale appropriate for the lot being subdivided, and the size of
the sheet shall be 8'/z" x 14" or 18" x 22'/4" for one and two lot subdivisions and 18" X 22 3/" for
subdivisions containing three lots or more. Each sheet shall contain a one and one-half (11/2) 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 to scale.
314. INFORMATION
The final plat, which may include all or only a portion of the approved preliminary plat, shall contain
the following information:
1. A vicinity plan drawn to a scale that will show the platted land in relation to its
general surroundings.
2. Name of subdivision.
3. Location of subdivision by tax map number, election district, town, place, or other
legal description as applicable.
4. Accurate outlines of any area to be reserved for common use by residents of the
subdivision or for general public use with the purpose indicated thereon.
5. 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.
6. Area of each lot, parcel, or other unit shown on the plat.
7. Name and address of owner of the land and name and address of the developer or
subdivider if different than that of the owner.
8. Scale shown graphically and numerically, north point, and date.
9. A note indicating the basis of all bearings used in the boundary survey and shown on
the plat. Reference to Maryland Grid System should be used in the boundary survey,
where practical.
10. Sufficient data must be shown to determine readily the bearings and the 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 hundredths of a
foot. Ditto marks shall not be used.
22
11. Tract boundary lines, right of way lines of streets, easements and other rights of way,
and property lines of residential lots and other sites. Accurate dimensions, bearings,
radii, arcs, tangents, chords, and central angles of all curves in the subdivision shall
also be shown.
12. No lot shall be dimensioned to contain any part of an existing or proposed public
right of way.
13. 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, subdivision
name, place of record, or other proper designations.
14. The side lines of all streets, the total width of all streets, the width of portions of
streets being dedicated and the width of existing dedications, and also the width of
railroad or other rights of way appearing on the plat.
15. Easements and rights of way shall be clearly labeled and identified, their side lines
shall be shown, and if they are already recorded, their recorded reference shall be
given. Easements shall be denoted by fine dotted lines. The widths of easements, the
length and bearings of the lines thereof and sufficient ties thereto shall be shown.
Easements pertaining to drainage and utilities may be described in notes affixed to
the plat in lieu of being drawn on the plat.
16. Building setback lines, stream buffers and any other setbacks or measures designed
to prevent encroachment or impact on the habitat of threatened or endangered
species, steep slopes or the Appalachian Trail."
17. Limits of the One Hundred Year Flood Plain.
18. The following additional 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
elevations approved by the County Engineer.
B. Plans and cross sections of all street and roadways including sidewalks, curbs,
gutters if any, and the location, size, and elevations, when appropriate, of all
underground utilities, plans for storm water management facilities in
accordance with the Storm Water Management Ordinance, and such plans
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.
33 Section 314.16 amended 11/5/96 (Case No. SO -96-01)
23
C. Copies of, or bona fide information on, such other certificates, affidavits,
endorsements or other agreements as may be required by the Commission in
the enforcement 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. A certificate (Owner's Statement), signed and acknowledged by all parties
having any record interest in the land subdivided, pursuant to Section 604 or
Section 606.
E. Certificate signed and sealed by the licensed land surveyor of the State of
Maryland responsible for the survey and final plat.
F. Certificate for execution by the Commission, pursuant to Section 602.
G. Certificate for execution by the County Health Officer, pursuant to Section
605.
H. If a community water supply or community sewerage system is to be used in
the development of any new subdivision, the final plat shall contain a
statement, pursuant to Section 607, signed by the County Health Officer,
that the use of the community water supply or community sewerage system
is in conformance with the County Water and Sewerage Plan. The final plat
shall also contain a statement, signed by the owner, that the facilities shown
will be available to all lots offered for sale. See Sections 604 and 606.
I. If a community water supply or community sewerage system is to be
constructed to serve any new subdivision, the final plat shall contain a
statement in addition to the above, signed by the owner, that plans for the
facilities, including any necessary point of discharge, have been approved by
the Department of Health and Mental Hygiene. See Sections 604 and 606.
J. Interim health facilities certificate for on -site health facilities, pursuant to
Section 608.
K. Proposed entrance to each lot of the subdivision on any existing public street
or highway.
3419. Unless exempt from the Forest Conservation Ordinance, the final plat shall show
forest conservation areas identified in an approved Forest Conservation Plan,
including easements to be dedicated.
20. A declaration of intent, if exempt from the requirements of the Forest Conservation
Ordinance.
34 Sections 19 & 20 amended 2/09/93 (Text Amendment. Case No. S-8)
24
315. FINAL PLAT APPROVAL
Within two (2) years after approval or conditional approval of the preliminary plat,
the developer or subdivider may submit a final plat of the subdivision or any part or
portion thereof to the Commission for approval. However, upon request of the
subdivider, an extension may be granted by the Commission for one (1) twelve (12)
month period. If such extension is not granted, and if the final plat has not been filed
within the twenty-four (24) months provided, the proposal and application shall be
considered null and void and no further action shall be taken except by reapplication
as hereinbefore 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 acceptance. For plats of one (1) and two (2)
single family residential subdivisions, the Commission may grant the plat final
approval simultaneously with preliminary approval, provided that the plat is prepared
in final plat form, that no changes from the preliminary plat are required, and that all
requirements imposed as a condition of its acceptance are met.
35AII final plats shall meet the requirements and standards of the Adequate Public
Facilities Ordinance. A final plat shall not be approved if it does not meet the
requirements and standards of the Adequate Public Facilities Ordinance.
3. The Commission shall approve or disapprove a final plat within thirty (30) days after
the submission, otherwise such plat shall be deemed to have been approved, and the
certificates to that effect shall be issued by the Commission on demand. However,
the applicant may waive this requirement and consent to an extension of such
period. The grounds for disapproval of any plat shall be stated upon the records of
the Commission. If the conditions of disapproval are later satisfied, the applicant
may resubmit the final plat for final approval in accordance with the requirements of
this Ordinance.
Final approval of a plat by the Commission shall be deemed to constitute an
acceptance by 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 plat.
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 dedicated
until actually accepted in the usual manner as prescribed by law. The County
Commissioners shall have the right at the time of final approval or thereafter to
accept said offer of dedication in writing either on the original recorded plat or by
35 Amended 12/11/90 (Text Amendment Case No. S-7)
25
instrument recorded among the Land Records of Washington County, Maryland,
incorporating the plat by reference and designating said acceptance and approval.
4. The Commission shall tender signed approval in the form prescribed in Section 602
of this Ordinance.
5. Within five (5) working days after approval of the final plat, the developer shall
provide the Commission with seven (7) copies and one (1) reproducible of the plat.
Within two (2) years following final plat approval, the developer or his agent shall
file the plat for recording with the Clerk of Circuit Court. If the plat is not filed and
recorded within the two (2) year period, the Planning Commission approval shall be
void.
316. WITHDRAWAL
A final plat, upon written request of the applicant, shall be withdrawn from consideration by the
Commission, provided the written request is received prior to the expiration date.
317. GUARANTEE OF PUBLIC IMPROVEMENTS PRIOR TO RECORDING
FINAL PLAT
Prior to final plat approval, and if deemed necessary by the Commission, the developer or
subdivider shall provide the Commission with a certification from the Board of County
Commissioners that he has obtained bonds or has insured final completion of all public
improvements required by Article V of this Ordinance.
318. SIMPLIFIED PLAT PROCEDURE36
The simplified plat procedure is designed to provide an abbreviated subdivision
review and approval process. New parcels created by the simplified procedure are
intended to be conveyed to and used in conjunction with existing parcels of record.
There shall be a common property line between the new parcel and the existing
adjacent and abutting parcel that will be vacated at the time of subdivision.
Following simplified subdivision approval, the joined parcels shall be considered a
single unit and require additional subdivision approval to be separated or transferred
individually.
The simplified plat procedures shall not be used to create new parcels for
development with principal structures or uses, either immediately or in the future.
The simplified plat procedure shall not be used to bypass the preliminary and final
plat procedures contained in Section 303-317 which ate designed for the purpose of
evaluating a parcel's suitability for development as an independent unit.
Use of the simplified plat procedure is limited to:
36 Sections 318.1, 318.2, 318.3 amended 5/25/99 (Case No. SO -99-02)
26
A. Subdivision for conveyance of land between adjacent and abutting property
owners for property enlargement. The parcel or parcels to be conveyed may
contain existing accessory structures or be intended for construction of new
accessory structures as long as there is a common property line with the
parcel containing an existing principal structure or use.
B. Adjustment of property lines and/or correction of deed discrepancies.
C. Acquisition in fee simple of utility or access rights of way. In cases where the
parcels(s) created for this purpose are not combined with an existing adjacent
parcel, the new parcel shall meet the applicable lot dimension and road
frontage requirements specified in the current subdivision and zoning
ordinances.
D. Other purposes not specified above may be considered individually by the
Planning Commission.
2. The simplified plat shall contain the following information:
A. Vicinity plan drawn to an appropriate scale that will show existing or mapped
streets and municipal boundaries within 1000 feet of the subdivision.
B. The boundaries and acreage, before and after subdivision, of the tract of land
from which the parcel or parcels are proposed to be subdivided from and/or
added to. The frontage and point of access for remaining land should be
clearly shown on the plat.
C. Name and address of the owner of the land to be subdivided and the name
and address of the property owner to receive the subdivided parcel(s), if
different from that of the owner.
D. Scale shown graphically and numerically, north point, and date.
E. Sufficient data to readily determine the bearings and length of every lot and
boundary line. Dimensions shall be given as total dimensions, corner to
corner, and shall be shown in feet and hundredths of a foot. Ditto marks
shall not be used.
F. Tract boundary lines, right of way lines of streets, easements, and other rights
of way.
G. Owners of adjoining land.
H. All existing improvements, including health facilities, located within the
boundaries of the subdivision, and off -site improvements located within one
hundred (100) feet of the boundaries of the subdivision.
27
I. In those plats for conveyance of land between adjacent property owners, all
descriptive lines being vacated shall be shown as thin dotted or dashed lines
with the new property lines being indicated by a solid line.
Within the parcel to be conveyed, the boundaries of the 100- year flood
plain, the limits of the habitat of any threatened or endangered species,
stream buffers as recommended by the Soil Conservation District according
to the standards contained in Section 409 and any area which meets the
definition of steep slope contained in Section 202.54 shall be shown."
K. In those plats for conveyance of land containing existing accessory structures
or intended for the construction of new accessory structures in the future,
the applicable building setback lines governing the placement of accessory
structures shall be shown on the plat.38
L. A note that states: "NOT FOR DEVELOPMENT" as noted in the
simplified plat Owner's Statement, shall mean that building or zoning permits
not be issued until such time as a development plat is submitted in
accordance with the provisions of the Subdivision and Adequate Public
Facilities Ordinances and approved by the Washington County Planning
Commission 39
3. Each simplified plat submitted to the Commission for approval shall contain or be
accompanied by the following certificates, acknowledgements, and descriptions in
substantially the following forms:40
A. OWNER'S STATEMENT
Application is hereby made for approval of the indicated transfer of land for
(State Purpose) and not for development except as
indicated hereon. Any development of this land other than for permitted
accessory uses or any future separation of the parcels combined hereon will
be submitted in the regular manner for approval in accordance with the
provisions of the existing Subdivision Ordinance.
Owner
Parties to receive subdivided parcel(s)
Approval Granted
(Date)
" Section 318.2.J. added 11/5/96 (Case No. SO -96-01)
36 Section 318.2.K. added 5/25/99 (Case No. SO -99-02)
"Section 318.2.L. added 10/31/06 (Case No. SO -06-002)
4° Section 318.3 amended 5/25/99 (Case No. SO -99-02)
Washington County Planning Commission
(Chairman)
Approved as a division of land not for development except as
indicated hereon with the stipulation that the foregoing
Owner's statement be a part of the deed of conveyance.
B. Land Surveyor's Certificate (Same as Section 603)
C. Such other certificates, affidavits, endorsements or documents as may be
required by the Commission in enforcement of this Ordinance.
4. Simplified Plat Approval
A. As the Planning Commission's representative as authorized by Section 5.02 of
Article 66B, Annotated Code of Maryland, Zoning and Planning, the Planning
Director shall have the authority to review and approve all simplified plats for
final approval provided all subdivision requirements have been met. The
Planning Director shall approve or disapprove the simplified plat within sixty
(60) days after submission; otherwise, such plat shall be deemed to have been
approved and the certificate to that effect shall be issued by the director on
demand. However, the applicant may waive this requirement and consent to an
extension of such period. The grounds of disapproval or said plat shall be
stated upon the records of the Commission."'
B. The Commission shall render signed approval in the form prescribed in
Section 602 of this Ordinance.
C. Within five (5) working days following recordation of the approved
simplified plat, the developer shall provide the Planning Commission with
seven (7) copies and one (1) reproducible of the plat.
5. Form of Simplified Plat Submission
Seven (7) black line or blue line reproductions and one (1) reproducible transparency
of the simplified plat shall be submitted to the Commission. The reproducible
transparency may be submitted following Commission approval of the plat. The plat
shall be drawn to scale, at one (1) inch equals one hundred (100) feet or, upon
approval of the Planning Commission, at an alternate scale appropriate to the lot
being subdivided.
41 Section 318.4.A. amended 10/31/06 (SO -06-002)
29
319. FEES"2 43
The Board of County Commissioners shall establish, by resolution, fees for certain services
rendered in connection with this Ordinance.
°2 Section 319 amended 7/01/89
43 Section 319 repealed and reenacted 4/25/06, effective 7/1/06 (Case No. SO -06-001)
30
ARTICLE IV - DESIGN PRINCIPLES AND STANDARDS
401. GENERAL
1. No land shall be subdivided if such land is considered by the Commission to be
unsuitable for the use proposed 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
exhibited in the Plan and the Zoning Ordinance as they are now or hereafter shall be
adopted, in whole or in part, and with that part of the Plan which deals with land use
and highways. The Washington County Highway Plan Map, as adopted November
26, 1974, and any subsequent amendments thereto are hereby incorporated by
reference.
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 restrictive, the latter shall control.
444. All subdivision of land shall meet the requirements and standards of the Adequate
Public Facilities Ordinance. No subdivision shall receive final approval if it does not
meet the requirements and standards of the Adequate Public Facilities Ordinance.
455. All subdivision of land shall meet the requirements and standards of the Washington
County Forest Conservation Ordinance. No subdivision shall receive final approval
if it does not satisfy the provisions contained in the Forest Conservation Ordinance.
402. STREETS AND HIGHWAYS
Street and highway design shall conform in width and alignment to the Official
County Highway Plan adopted by the Board of County Commissioners of
Washington County, Maryland. The right of way for any such street or highway
indicated on said Official County Highway Plan shall be reserved as provided for in
No. 2 hereafter.
2. If a proposed subdivision has received preliminary approval by the Planning
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 a proposed freeway or express -way, or arterial or secondary
highway that is shown on the County Master Plan of Highways, the Governing
Authority shall have one hundred and twenty (120) days in which to establish the
centerline of the proposed road and then shall have sixty (60) days within which to
negotiate with the property owner as to whether he would offer said portion of right
of way to the County without compensation because of benefits he may derive from
" Amended 12/11/90 (Text Amendment Case No. S-7)
4s Amended 2/09/93 (Text Amendment Case No. S-8)
31
such a road, or to arrive at a mutually agreeable figure for the property within the
street width, or, upon failure of agreement, to file 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,
the subdivider shall provide adequate protection for residential properties and shall
provide for separation of through and local traffic by means of, but not limited to: 1.
parallel streets with lots backing to the thoroughfare, together with screen planting in
non -access reservations or easements along rear lot lines; or 2. parallel streets with
short cul-de-sacs having terminal lots backing to the thoroughfare.
403. MINIMUM WIDTHS OF RIGHTS OF WAY
All street or highway rights of way shall conform to the street standards established in the
Washington County Highway Plan.
404. BUILDING SETBACK LINES
Building setback lines shall be regulated by the provisions of the Washington County Zoning
Ordinance. For subdivision purposes, 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 or
from a private right of way approved for access by the Commission, or in the case of a panhandle
lot, from that point as specified in Section 202.33.
405. STREET LAYOUT AND DESIGN
General
A. The proposed plat shall provide for continuation of any existing roads or
streets (constructed or recorded) in accordance with adopted highway plans.
B. A tract proposed for subdivision into parcels larger than minimum required
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 logical subdivision as can be foreseen.
C. All streets shall, as far as practicable, be in alignment with existing adjacent
streets by continuation of the centerlines thereof or by adjustments with
curves. All streets shall be in general conformity with the Plan so as to
provide 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, in the opinion of the Commission, it is desirable to provide street
access to adjoining property; the proposed streets shall be extended by
dedication to the boundary of such property.
32
F. Proposed streets and highways shall be adjusted to the contour of the land as
far as practicable so as to produce useable lots.
G. A subdivision plat involving new or existing streets crossing railroad tracks
shall provide adequate right of way and slope easements for construction of
underpass or overpass in accordance with Article V, 502.
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 to 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 appropriate districts. Such
distance shall also be determined with due regard for the requirements of
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 the paved traveled
portion of the road.
Subdivisions platted along both sides of an existing or approved future 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 or approved future
street shall provide one-half (1 /2) of 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 or unless the Commission
finds it to be practicable to 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. Access Points
A. The location and design of the intersections of public streets with highways,
private driveways, rights of way, or other public streets, shall be in
conformance with the Highway Plan. The Commission may approve designs
involving minimum distance requirements between access points specified by
the standards only in instances where strict compliance would result in a
safety hazard.
B. Subdivisions fronting on a primary highway in a business or industrial zone
shall include a parallel service road within the required right of way which
shall extend to adjacent parcels similarly zoned. The service road shall be
designed and constructed to County standards and shall be dedicated.
33
C. The location of intersections with major arterial highways shall be designed
to avoid through traffic crossing such highways. Proposed intersections with
major arterial highways shall be spaced no less than seven hundred and fifty
(750) feet apart.
D. Intersections involving the junction of more than two (2) streets should be
avoided.
E. The number of intersections of minor streets with major streets should be
kept to a minimum.
F. When continuation of the centerline at an intersection is impractical the
centerlines shall be separated by a minimum offset of one hundred and fifty
(150) feet between centerlines.
G. Highways, streets and roads shall be suitably located, of sufficient width and
adequately improved to accommodate the prospective traffic and afford
access to police, fire fighting, or road maintenance equipment.
3. Street Grade and Street Alignment
Design standards for street grades and alignments shall be in accordance with the
specifications for road and street improvements of the Washington County
Engineering Department.
4. Dead -End Streets
Dead-end streets are prohibited except as stubs to permit future extensions to
adjoining tracts or where they are designed as cul-de-sacs.
5. Cul-de-sacs46
Cul-de-sacs shall be designed so as to permit safe ingress and egress. The Planning
Commission shall determine the maximum length of a cul-de-sac based on
provisions for emergency access and on the overall subdivision design. The cul-de-
sac radius shall be 60 feet, and between the street and the circles there shall be a
reverse radius of 25 feet.
6. Reserve Strips
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.
46 Amended 2/10/87 (Text Amendment Case No. S-3)
34
7. 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 or platted streets.
8. 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 topography, 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. If unavoidable, they shall be provided
with an adequate circular T or Y turnaround at the closed end.
9. Easements
The subdivider shall grant easements not less than eight (8) feet wide along rear and
side lot lines wherever necessary for public utility, sewer, and drainage purposes.
Front lot lines shall have ten (10) foot wide easements, 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 in such a way as to interfere with the use of or access
to the easement. Where a subdivision embraces all or any part of a water course,
drainage way, channel, or stream, the Commission may require that the subdivider
provide a storm water easement or drainage right of way easement of adequate width
which conforms substantially with the lines of such water course, drainageway,
channel, or stream.
10. Blocks
A. Block lengths shall not exceed sixteen hundred (1600) feet nor be less than
five hundred (500) feet.
B. Pedestrian crosswalks not less than ten (10) feet wide shall be required where
deemed essential by the Commission to provide adequate circulation or
access to schools, playgrounds, shopping centers, or other community
facilities.
C. Blocks shall be designed with sufficient width to provide two (2) tiers of lots.
Blocks with one (1) tier of lots may be approved by the Commission as
exceptions when adjacent to heavy traffic ways; railroads; bordering streams;
35
drainage courses; multi -family, commercial or industrial areas; schools;
churches; or other land uses deemed appropriate.
D. Non-residential 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.
11. Lots
A. Lot configuration and orientation shall be appropriate for the location of the
subdivision and for the type of development or use contemplated and shall
be approved by the Commission.
47B. Every lot shall abut a minimum of twenty-five (25) feet, and shall have access
to a road or street that has been dedicated to public use and accepted for
public maintenance, except as follows:
481. 49The Commission may approve the subdivision of land solely for
transfer to a member or members of the immediate family of the
owner of the lot of record, where subdivided lots will front on a
private road or right of way existing at the time of the original
parcel's acquisition by the current owner with the following
conditions:
(a) the private road or right of way must be contained solely
within the boundaries of the original parcel of land;
(b) the private road or right of way must serve an existing
residence on the same property. The land must meet the
definition of agricultural purposes as defined in Article II,
Section 202.3, of the Subdivision Ordinance;
(c) subdivided lots must be immediately adjacent to the private
road or right of way; and
(d) not more than one (1) lot may be conveyed to any one
member of the immediate family member.
Any such subdivision shall contain a statement on the plat, signed by
the developer and the family member receiving the lot that:
(e) certifies the intent of the owner to transfer the land only to a
member of the immediate family. The name of the family
47 Amended 10/31/89
48 Amended 4/26/88 and 7/31/90 (]Text Amendment Case Nos. S-4 and S-6)
4s Amended 5/25/99 (Case No. SO -99-01)
36
member and their relationship to land owner should be
specified on the plat.
(f) expressly warrants that no conveyance of the lot will be made
to anyone not a member of the immediate family for a period
of ten (10) years without the approval of the Planning
Commission except as may be required to satisfy a mortgagee
in case of loan foreclosure, and
@ absolves the County from responsibility for acceptance or
maintenance of the private road or right of way.
C. Side Lines. Side lines of interior lots shall be perpendicular to the street line,
or radial to a curved street line unless otherwise approved by the
Commission.
D. Double Frontage Lots. Double frontage lots, meaning a block having one
tier of lots between two (2) streets or roads, shall not be approved except as
provided for in Sections 402.3 and 405.10.C.
E. Municipal Boundary. No lot shall be divided by a municipal boundary line.
F. Additional requirements for residential lots.
1. In cases where a midblock crosswalk or alley is provided in a
residential subdivision, the lots adjoining such crosswalks or alley
shall be increased in width sufficient to provide for a side building
restriction line, parallel to the crosswalk or alley, and fifteen (15) feet
therefrom.
2. Lots on a plat for the resubdivision 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 or subdivision.
G. Panhandle Lotsso
Panhandle lots shall be a minimum of twenty-five (25) feet in width
from the public road to the main body of the lot.
2. A maximum of four (4) panhandle lots are allowed in the subdivision
of an original tract of land. The Planning Commission may approve
additional panhandle lots only when it is determined by the
Commission that excellence of design will be achieved or that such
lots are inaccessible to public road due to unique configuration
so Amended 10/31/89
37
and/or topographical constraints. For the purposes of this section
only, the original tract of land is defined as the boundaries of the
tract as they existed in the Land Records of Washington County on
the date of the adoption of Section 405.11.G which is October 31,
1989.
3. Not more than two (2) panhandle lots may have adjoining driveway
entrances to a public right-of-way.
4. The stacking of panhandle lots for more than two (2) tiers of lots is
prohibited. The permitted two (2) tier arrangement would allow one
lot to be located adjacent to the public road with a panhandle lot
located to the rear.
5. The length of each panhandle shall not exceed four hundred (400)
feet.
406. TREE CUTTINGS'
The Commission shall review proposed subdivision with respect to the cutting of trees and may
impose limitations on the number, location, and distribution of trees proposed for removal. 5ZThe
Commissiony disapprove a subdivision plat where the removal would result in diminishing of viewshed quality in those areas designated as Anfletam Overlay Distet by the
J r
Zoning nee: The Commission shall use the criteria at Section 408 to moderate impact on
viewshed quality.
Unless exempt from the Forest Conservation Ordinance, all tree cutting activity related to the
development of property within the Antietam Overlay District shall be in accordance with an
approved Forest Conservation Plan.
407. HOUSE ORIENTATION53
The Commission shall review proposed subdivision with respect to proposed house orientation and
location and may recommend that the proposed houses on the individual lots be positioned so as to
minimize any diminishing of the viewshed quality in those areas of the County designated as an
Antietam Overlay District by the Washington County Zoning Ordinance.
408. TREE CUTTING GUIDELINES'
Cutting or disturbance during site development of over 40,000 square feet of forest shall be done in
accordance with an approved Forest Stand Delineation and forest Conservation Plan.
A Amended 6/13/89 and 2/09/93 (Text Amendment Case Nos. S-5 and S-8)
52 Stricken per Court of Special Appeals decision in Howard Corcoran, et al. v. Board of County
Commissioners of Washington County, Maryland, No. 1506, September Term, 1993, Unreported,
Per Curiam, dated July 14, 1994.
53 Amended 6/13/89 and 2/09/93 (Text Amendment Case Nos. S-5 and S-8)
54 Amended 6/13/89 and 2/09/93 (Text Amendment Case Nos. S-5 and S-8)
All tree cutting activity which is done for the purpose of, or is related to, development of a property
in the AO -3 Overlay District as designated by the Washington County Zoning Ordinance shall be
subject to the following guidelines:
1. During site development, minimum tree cutting is permitted to allow construction of
an access and driveway, related parking areas, a dwelling, related accessory structures
and required septic disposal system.
2. Additional tree cutting on the site during development is permitted within 35 feet of
the dwelling and related accessory structures.
3. Where possible and practical, property owners are encouraged to maintain as much
of the existing tree cover as possible within the 35 foot area to preserve the existing
quality of the Antietam Battlefield Viewshed.
4. Tree cutting on the remainder of the site, not covered in 1-3 above, is subject to the
following requirements:
A. Prior to the cutting of trees on the remainder of the site, the property owner
must have prepared by the Maryland Department of Natural Resources'
Forest, Park and Wildlife Service or a registered professional forester and
approved by the Forest, Park and Wildlife Service, a Forestry Management
Plan, the goal of which is to preserve the quality of the Antietam Battlefield
Viewshed.
B. Cutting of trees outside the area measuring 35 feet from the dwelling as
described in (2) above is permitted only according to the selection and timing
contained in the Forestry Management Plan with the exception of (C) below.
(The cutting of firewood and dead trees for personal use shall be permitted.)
C. Any tree of a height which has the potential to cause damage to the dwelling
if it were to fall due to natural causes (disease or insect infestation, wind,
lightning, erosion, etc.) may be removed.
D. The Planning Commission may require that the above guidelines be shown
on the subdivision plat.
409. STREAM BUFFERS55
Where a subdivision contains any portion of a perennial or intermittent stream as defined in Section
202.55, a buffer shall be established and shown on the subdivision plat. The width of the buffer
shall be determined by the Planning Commission and based upon a recommendation by the Soil
Conservation District. The Soil Conservation District shall base its recommendations on Practice
Standard #393 — Filter Strips, as described in the District's technical manual titled The Natural
ss Section 409 added 11/5/96 (Case No. SO -96-01)
39
Resource Conservation Service Maryland Technical Guide or any subsequent revisions or substitutions. The
stream buffer guidelines are also listed below.
The buffer shall be measured from and perpendicular to the top of the stream bank. The buffer
shall be expanded to include any floodplain determined according to the Floodplain Management
Ordinance, any non -tidal wetland areas identified on the Maryland Department of Natural
Resources Non -Tidal Wetland's Guidance Maps and field verified and/or any area of steep slope as
defined in this Ordinance.
Within the stream buffer vegetative ground cover shall be maintained at all times. The Soil
Conservation District may recommend planting species and methods when no ground cover exists
in the buffer or additional planting to improve existing ground cover. Sediment and erosion control
plans and permits are required for any soil disturbance activities that exceed 5,000 square feet. No
permanent structures or construction shall be permitted within the stream buffer except those
designed to improve water quality in the stream or structures such as fences designed to limit access
to the stream. No septic system shall be constructed within the buffer nor shall any septic reserve
area be established within the buffer.
In cases where adherence to the stream buffer requirements causes undue hardship by excessively
limited buildable lot area, the Planning Commission may vary the buffer width to provide relief.
The Commission shall seek and consider the technical knowledge of the Soil Conservation District
and balance the protection of water quality with equitable use of the land.
40
STREAM BUFFER GUIDELINES
Slope (%) Buffer Width (on each side of the stream)
0-6
24 feet
7
28 feet
8
32 feet
9
36 feet
10
40 feet
11
44 feet
12
48 feet
13
52 feet
14
56 feet
15
60 feet
16
64 feet
17
68 feet
18
72 feet
19
76 feet
20
80 feet
21
84 feet
22
88 feet
23
92 feet
24
96 feet
25
100 feet
26
104 feet
27
108 feet
28
112 feet
29
116 feet
30
120 feet
31
124 feet
32
128 feet
33
132 feet
34
136 feet
35
140 feet
410. STEEP SLOPE56
Septic reserve areas as requited by county and state health regulations shall not be located in areas of
steep slope as defined in Section 202.54. The Planning Commission may require the use of
appropriate best management practices upon the recommendation of the Soil Conservation District
where development is proposed on areas of steep slope.
j 56 Section 410 added 11/5/96 (Case No. SO -96-01)
41
411. SPECIAL PLANNING AREAS57
1. Upper Beaver Creek Basin
New Development located in the Upper Beaver Creek Basin that is subject to a
preliminary consultation and proposes the use of on -site wells and septic systems
may be required to provide a hydrogeologic study prior to the submission of a
preliminary plat for approval by the Planning Commission. The Planning
Commission shall determine if a hydrogeologic study based on information gathered
during the preliminary consultation and a recommendation from the Washington
County Health Department and the Soil Conservation District.
The study shall be prepared according to the guidelines contained in Section IX of
the Washington County On -Site Sewage Disposal Ordinance. The goal of the
hydrogeologic study shall be to determine if there may be negative impact upon the
groundwater and surface water resources in the basis from the proposed
development. The study shall also recommend effective mitigation techniques when
warranted.
In addition to the specific guidance for preparing the hydrogeologic study contained
in the On -Site Sewage Disposal Ordinance, the study shall also address the following
features which may have a direct relationship to groundwater quality.
A. The contact between the Waynesboro formation, Tomstown Dolomite
and Elbrook limestone formations in the vicinity of Beaver Creek;
B. Caves developed in both Tomstown Dolomite and Elbrook Limestone;
C. Sinkholes;
D. Double terminating drainage reaches;
E. Springs.
The Planning Commission may require design changes in the subdivision proposal and
require the use of best management practices in site development based upon information
provided in the hydrogeologic study and recommendations from the Health Department
and the Soil Conservation District.
2. Appalachian Trail
Any portion of the Appalachian Trail within 500 feet of the boundary of a proposed
subdivision shall be shown on the subdivision plat. The trail location shall be field
verified and noted as such on the plat. In addition to the building setbacks required by
the Washington County Zoning Ordinance and to buffer visibility of the new
development from the Appalachian Trail, all new development shall maintain a
57 Section 411 added 11/5/96 (Case No. SO -96-01)
3N
minimum distance of 300 feet from the trail. The Planning Commission may approve a
planted buffer as a substitute for the 300 foot setback where it can be demonstrated that
maintaining the 300 foot setback will cause the subdivision to be non-compliance with
other subdivision design requirements or where it can be demonstrated that a permitted
use could not be established anywhere on the new log in conformance with the 300 foot
setback.
3. Edgemont and Smithsburg Reservoir Watersheds
New subdivision located within the watershed boundaries of the Edgemont or
Smithsburg reservoirs may be required to institute best management practices to prevent
negative impact on surface water drainage. The Soil Conservation District and the
Hagerstown Water Department, or any subsequent owner or operator of watershed
lands or reservoirs, shall be provided the opportunity to review all subdivision proposals
located in the watershed and make recommendations for appropriate best management
practices. The Planning Commission shall determine if best management practices shall
be required as a condition of subdivision approval.
43
ARTICLE V - STREET AND UTILITY IMPROVEMENTS
501. REQUIREMENTS
No improvements shall begin until approval of the final plat. The subdivider or
developer shall install the required improvements or shall post a bond or other
approved surety covering the cost of the required improvements of Section 317 of
Article III of this Ordinance.
2. Construction plans, profiles and specifications for improvements must be submitted
and approved by the agency having jurisdiction. Such plans and profiles shall be
required before approval of the final plat. All such plans, profiles and specifications
shall be prepared in accordance with the provisions of Article IV of this Ordinance
and with all applicable requirements of the agency, or agencies, having jurisdiction
over said improvements.
3. All required improvements shall be constructed under the inspection of and subject
to the approval of the County Engineer.
4. All underground utilities, sanitary sewer and storm drains installed initially in streets,
service roads, alleys or highways shall be constructed prior to the surfacing of such
streets, service roads, alleys or highways. Service connections for all underground
utilities and sanitary sewers shall be located to obviate the necessity for disturbing the
street or alley or sidewalk improvements when service connections thereto are made.
Utilities and sewers should be installed under paved areas of streets only when
absolutely necessary.
502. MINIMUM STANDARDS FOR NEW STREET AND HIGHWAY
CONSTRUCTION
New streets, highways, alleys, sidewalks and crosswalks with appurtenant drainage and other
facilities in each new subdivision shall be constructed in accordance with the provision of Article IV
of this Ordinance and with all applicable requirements of the agency, or agencies, having jurisdiction
over said improvements.
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 Article IV of this Ordinance.
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.
503. PIPE STANDARDS AND SIZES
The Washington County Specifications for Road and Street Improvements shall be used in each
new subdivision.
44
504. STORM DRAINAGE
In every subdivision, the developer shall provide storm drains, culverts,
drainageways, or other works adequate to collect and dispose of all water originating
on or flowing across the property without inundating or damaging neighboring
roads, lots or other properties. All systems shall be designed in accordance with the
Storm Water Management Ordinance.
2. Wherever curbs and gutters are provided or when the County Engineer determines
the natural surface drainage to be inadequate, the subdivider shall construct a storm
water sewer system with catch basins appropriately spaced along the streets of 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 Engineer 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 private driveways. The
subdivider shall install a suitable pipe of adequate size to 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 system for a subdivision, the present and future
expected run-off from the larger drainage areas shall be required. 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.
505. 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 subdivision
where the preliminary subdivision plat 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.
506. MONUMENTS AND MARKERS
All monuments shall be installed in accordance with Maryland State Law (Real
Property, Title 3, Section 108 of the Annotated Code) and shall be of concrete or
stone and not less than six (6) inches in 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,
45
set flush with the top, three -eighths (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 and not less than five -eighths (5/8) inch in
diameter, the top of the pipe or bar to be set level with the established grade
adjoining it.
507. CURBS AND GUTTERS
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 gutters must be of integral concrete or other
approved design and the materials and methods of construction shall conform to the
latest approved minimum requirements of the Washington County Specifications for
Road and Street Improvements or any amendment thereto.
508. SIDEWALKS
1. Concrete sidewalks need not be installed along streets in the subdivision unless
deemed necessary by the Planning Commission 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 line and shall conform to the
Washington County Specifications for Road and Street Improvements and any
amendment thereto.
509. COMPLETION
Upon completion of the installation of streets, storm drainage, water supply, sanitary sewers
and sewerage disposal systems, a copy of the final plans and specifications as built shall be filed with
the County Engineer.
46
ARTICLE VI - CERTIFICATES
601. 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 form:
602. CERTIFICATE OF APPROVAL
FINAL APPROVAL GRANTED
Date
WASHINGTON COUNTY PLANNING COMMISSION
By
603. LAND SURVEYOR'S CERTIFICATE
Each final plat submitted to the Commission for approval shall carry a certificate signed by a
licensed Land Surveyor of 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
of former owner) to (insert name of present owner) by deed dated
, and recorded in the Land Records of Washington
County, in fiber, at folio , and that stones, marked thus: and/or
bars, marked thus: have been placed as indicated.
Signature
Land Surveyor
Md. Registration Number:
SEAL
Date
604. OWNER'S STATEMENT58
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:
Ss Amended 10/15/85 (Text Amendment Case No. S-2)
47
DEDICATION FOR INDIVIDUALS
I/We do hereby certify, for ourselves and our personal representatives, heirs and assigns, that I/we
are the legal and true owner(s) of the property shown and described on this plat and that I/we
hereby adopt the plan of subdivision shown hereon, hereby establish the minimum building
restriction lines shown hereon, hereby dedicate to public use all utility and drainage easement areas
and all alley, street and road rights of way designated on this plat, hereby agree to keep open all
spaces and recreation areas shown hereon and hereby agree that said dedications shall not impose
any responsibility on the Board of County Commissioners of Washington County regarding the
subjects of such dedications until legal acceptance thereof by said Board, and I/we hereby reserve
the fee simple title to the land underlying said easements, rights of way, open spaces and recreation
areas and, with regard to the said easements and rights of way, hereby agree to convey the same to
said Board, for the use of said Washington County, without consideration, upon the legal acceptance
of said easements and/or rights of way by said Board.
This deed and agreement of dedication shall be binding upon my/our grantees, assigns, successors,
heirs, and personal representatives.
WITNESS our hands and seals this _ day of . 20_.
WITNESS
I/We also certify that the community water and/or community sewerage system proposed for this
subdivision will be available to all lots offered for sale. I/we also certify that plans for the
community water supply and/or community sewerage system facilities, including any necessary
point of discharge, have been approved by the Department of Health and Mental Hygiene. (This
paragraph shall be used only where public facilities are planned for the subdivision).
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 having an interest therein have hereunto affixed their signatures, indicating their
assent to this Plan of Subdivision.
I/We do hereby assent to this Plan of Subdivision.
WITNESS out hands and seals this — day of , 20_.
(SEAL)
(SEAT.)
WITNESS
CERTIFICATION FOR LENDING INSTITUTIONS
We do hereby assent to this Plan of Subdivision:
(SEAL)
(SEAL)
WITNESS
605. CERTIFICATE OF APPROVAL - INDIVIDUAL WATER SUPPLY AND
INDIVIDUAL SEWERAGE SYSTEM (Required for Preliminary and Final Plats)
I hereby certify that the minimum ownership area complies with the minimum width and minimum
area requirements specified in COMAR 10.17.03.03. Such minimum ownership shall remain equal to
the minimum width and minimum area set forth in COMAR 10.17.03.A(2) until community
sewerage and water have 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
COMAR 10.17.03.A.(2) until community sewerage has been made available.
Signature:
County Health Officer
Date
606. CORPORATION STATEMENT
Each plat submitted to the Commission by a corporation for approval shall carry a
certification in substantially the following form:
49
DEDICATION FOR CORPORATIONS
We, , President, and , Secretary of(Name of
Corporation) a corporation, do hereby certify that the corporation is a legal and
true owner of the property shown and described on this plat and that the corporation does adopt
this Plan of Subdivision, establish the minimum building restriction lines, dedicate to public use all
utility and drainage easement areas and all alley, street, and road rights of way designated on this
plat, agree to keep open all spaces and recreation areas shown, and agree that the dedications shall
not impose any responsibility on the Board of County Commissioners of Washington County
regarding the subjects of such dedications until legal acceptance thereof by said Board, and we
hereby reserve the fee simple title to the land underlying said easements, rights of way, open spaces
and recreation areas and, with regard to the said easements and rights of way, hereby agree to
convey the same to said Board, for the use of said Washington County, without consideration, upon
the legal acceptance of said easements and/or rights of way by said Board.
This deed and agreement of dedication shall be binding upon the corporation's grantees, assigns,
and successors.
WITNESS our hands and seals this _ day of , 20_.
(SEAL)
President
(SEAL)
Secretary
WITNESS
I/We also certify that the community water and/or community sewerage system proposed for this
subdivision will be available to all lots offered for sale. I/we also certify that plans for the
community water supply and/or community sewerage system facilities, including any necessary
point of discharge, have been approved by the Department of Health and Mental Hygiene. (This
paragraph shall be used only where public facilities are planned for the subdivision).
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.
We hereby assent to this plan of subdivision.
50
(Name of Corporation)
M
President
A
Secretary
(Corporate Seal)
CERTIFICATION FOR LENDING INSTITUTIONS
We hereby assent to this plan of subdivision.
(SEAL)
(SEAT.)
607. CERTIFICATE OF APPROVAL OF COMMUNITY WATER AND/OR
SEWERAGE SYSTEM
I hereby certify that the use of the community water and/or community sewerage system for this
subdivision is in conformance with the County Water and Sewerage Plan.
(SEAL)
County Health Officer
Date:
608. INTERIM FACILITIES PROVISION CERTIFICATION
In compliance with COMAR 10.17.01.05.B. (1) and (2), the individual water supply and/or sewer
system is hereby permitted on a temporary interim basis. Future lot owners are advised that the
individual systems serving the lot indicated on this plat are of a temporary interim nature and that
connection to a future community system shall be made within one (1) year or less after the system
becomes available.
I:\Ordinance\Subdivision\SubdivisionOrdinance(currentof cia110-31-06).doc
51
CASE
SECTION NO.
PAGE NO.
S-1
202.19
8
S-2
604.
47
S-3
405.5
38
S-4
405.11.B.1(b)
40
S-5
406.
42
407.
42
408.
42 & 43
8-06-85
10-15-85
2-10-87
4-26-88
6-13-89
6-13-89
6-13-89
Fees
319.
32
7-01-89
Panhandle
405.11.B
40
10-31-89
lots
405.11.G
41
10-31-89
S-6
405.11.B.1
40
7-31-90
405.11.B.1(b)
S-7
102.
1
12-11-90
202.
5
12-11-90
302.
15
12-11-90
315.2
28
12-11-90
401.
33
12-11-90