HomeMy WebLinkAboutIntent, Purpose, AdministrationARTICLE I
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ARTICLE I
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101. SHORT TITLE
This Ordinance shall be known and cited as the
Washington County, Maryland Subdivision Ordinance, as amended.
102. INPENP 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 accamodation of surface drainage
over lots and accumulation on roads; to insure adequate and safe
water and sewer services; to coordinate the operations of the coun-
ty 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 val-
ues; 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 reg-
ulations to expedite and not hinder acceptable development.
* it is the intent of this Ordinance that all
subdivision activity conform to the require-ents and standards of
the Adequate Public Facilities Ordinance except those subdivisions
specifically exempted by said Ordinance.
103. Al INISTRATION OF REGi LJATIONS
These subdivision regulations shall be administered
by the Washington County Planning Commission. All applications, fees,
maps, and documents relative to subdivision approval shall be submit-
ted to the Washington County Planning Commission hereinafter referred
to as the Cawiission.
* Amended by the County Co missioners 12/11/90
See Text Amendrtent case S-7
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104. JURISDICTION
The provisions of these regulations shall apply to
all lands within Washington County, Maryland except land within
municipal corporations.
105. APPLICATION
No within jurisdictions shall be SuJ ivided n County, outside
lot bincorpor-
ated sol
or building erected in a subdivision as herein defined, until a plat
of the subdivision is approved by the Commission and the plat prop-
erly
lifiled and recorded by the Clerk of the Circuit Court for
Wagton County, Maryland. In their interpretation and application,
the provisions of these regulations shall be held to be mininnun
requirements, adopted for the
and general welfare. Prromotionro of the public safety,
Whenever the provisions of these regal regulations
are at variance with the r ise nts of any other lawfully adopted
rules, regulations, ordinances, deed restrictions or covenants
that provision which is more restrictive or imposes higher standards
or reguirts 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 hard-
ships rosy result from
strict ccan mPliOe with thesreaextraordinary Nord
that epropertyting toPograPhic conditions or shape
ffithee
, or
warrants a variance fran these , it nay
vary the
regulations so that substantial justice nay 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. ASSESSME'1. OF Io15 IN A SUBDIVISION
The constitute a basis for filing
of plans with the Commission shall not
change of tax assessment. When the final
subdivision plat is filed with the Clerk of the Circuit Court for
recording, it becomes public information, and at this time a print
of the plat so recorded is forwarded to the County Assessor's office.
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109. APPEAL
Appeal by any person aggrieved from any action of
the Commission shall be to the Board of Zoning Appeals pursuant to
the provisions of Article 25 of the Washington County Zoning Ordinance.
110. ANFNu4EWLS
The Board of County Canmissioners may adopt amend-
ments to the provisions of this Ordinance if it is determined by
the said Board, after public hearing and advance public notice of
said hearing, that any such amendment will better the public interest
and the general purpose of this Ordinance, as defined in Article 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 canpetent 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 (1000.00) Dollars. Each day that a vio-
lation continues shall be dead a separate offense. In addition
to any other remedies, the Board of County Co mtissioners may insti-
tute any appropriate actions or proceedings to carpel 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 effec-
tive by the Board of County Commissioners of Washington County,
Maryland, on Septanber 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.
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114. SAVING CLAUSE
Any prosecution arising fran a violation of any
finance 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 thiance repealed herein, which violation was camdtted prior
to the effective date of this Ordinance shall be tried and deter-
mined exactly as if such Ordinance had not been repealed.
115. ENACaNERT
Enacted this 13th day of January, 1981.
The effective date of this Ordinance shall be
March 1, 1981.
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ARTICLE 11
DEFINITIONS
ARTICLE 11
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 sin-
gular. 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", "construdted for",
or "occupied for". The word "person" shall mean natural person,
joint venture, joint stock carrpany, partnership, association, club,
company, corporation, business trust or the manager, lea see, agent,
servant, officer or employee of any of than. The word "land" shall
include water surface and land under water.
202. TERMS DEFINED
* 1. 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.
2. Agriculture or Agricultural Purposes
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.
Alley
A right of way other than a street which
provides service access for vehicles to the
side or rear of abutting property.
4. Bench Mark
A monument for which an accurate elevation
has been established and shown on the plat.
* Amended by the County Commissioners 12/11/90
See Text Amendment case S-7
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5. Block
Grouping of lots unseparated by streets,
parks, main waterways or other natural
barriers, or subdivison boundary lines.
6. Board of County Commissioners
The local Legislative Body of Washington
County, Maryland.
7. 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 requireents of
the Zoning Ordinance, County Health Depart-
ment Regulations, or the County Highway
Plan. In case of conflict among the
req,;ranents, the most restrictive shall
apply.
8. Cluster
The development of land by clustering
varying lot sizes with the terrain left
open between and among the built-up
clusters.
9. Commission
The Washington County Planning Camdssion.
10. Canprehensive Development Plan and/or
County Developrent Plan
See Plan. Definition # 40.
11. County
Washington County, Maryland.
12. County Engineer
The duly designated County Engineer of
Washington County, Maryland.
13. County Health Department
The Washington County Health Department.
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14. 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 ccn'patible with the full exercise
and enjoyment of the public uses to which
the property has been devoted.
15. Development
Any activity, other than normal agricul-
tural activity, which materially affects
the existing condition or use of any land
or structure.
16. Developer
Any individual, firm, association, syndicate,
co -partnership, corporation, trust or any
other legal entity or agent thereof can-
mencing 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 terns developer
is intended to include the terns subdivider.
17. 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.
18. Floodplain, 100 Year
The floodplain as delineated in the Flood
Insurance Study (FIS) prepared by the Depart-
ment of Housing and Urban Development/Federal
Insurance Administration (HUD/FIA) showing
areas subject to inundation by waters of the
100 Year Flood.
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19. 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
i nprovement and use of the street.
* 20. Imttediate Family Member
hwediate family member shall mean father,
mother, step -father, step -mother, son, daugh-
ter, brother, sister, step -son, step -daughter,
grandchild.
21. Improvements
Improvements shall mean storm sewers, sani-
tary 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 princi-
pal or accessory structures.
22. 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.
23. Jurisdiction
The territory of a county or municipal cor-
poration within which its powers may be
exercised.
24. Lot
The tract within a subdivision marked by the
subdivider as a numbered, lettered or other
identified tract to be offered as a unit of
land intended for building development whether
immediate or future.
25. Lot of Record
Any lot or parcel legally recorded in the Land
Records of Washington County as of September
8, 1970.
* Amended by the County Commissioners 8/6/85
See Text Amendment case S-1
26. 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.
27. Lot, Double Frontage
A lot the opposite ends of which abut on
streets.
28. Lot Line, Front
The line separating the lot fran 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 rray
select either street right of way line as
the front lot line. In the case of a pan-
handle lot, the front lot line shall be
measured fran 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.
29. Lot, Depth
The mean horizontal distance between the
front and rear lines of a lot.
30. Lot, Width
The horizontal distance between the side
lines of a lot or lots measured at the mid-
points of the side lines.
31. Local Executive
The chief executive of the political subdi-
vision whether the official designation of
his office be elected county executive or
Executive Head, Mayor, City Manager or
similar tens.
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32. Local Legislative Body
The elected body of a political subdivision
whether known as county commissioner, or
county council, city, town, or village coun-
cil, or similar terms.
33. Map
Plat.
34. 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 classifi-
cation of existing and proposed streets,
highways, and other thoroughfares. The
Highway Plan and its standards are incorpor-
ated into this Ordinance by reference.
35. Ordinance
This Ordinance and all subsequent additions
or amendments thereto.
36. Owner
The individual, firm, association, syndicate,
co -Partnership, corporation, trust or any
other legal entity having sufficient proprie-
tary interest in the land sought to be
subdivided to ccnmence and maintain proceedings
to subdivide the same under this Ordinance.
37. 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.
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38. 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 mad. 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.
39. Performance Guarantee
Any security which may be accepted by the
Board of County Cam issioners, before the
Planning Co miission 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 agree-
ments with said surety to be approved by the
Board of County Carmissioners of Washington
County.
40. Person
A corporation, firm, partnership, association,
organization or any other group acting as an
estate unit, as well as a natural person.
41. Plan
The policies, statements, goals, objectives,
and interrelated plans relating to the use of
land in the County, or to transportation and
camwnity 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,
Cammuiity Plan, and the like as adopted.
The foregoing applies to these elements adopted
by the Board of County Commissioners of Washing-
ton County from the effective date of such
adoption.
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42. 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 pro-
posed plat showing the subdivider's
desires in regard to the future
development of land for informal con-
sideration by the Planning Commission.
B. Preliminary Plat.
A tentative map indicating the subdi-
vision 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 nap or plan which legally des-
cribes the subdivision of land,
(a) containing a detailed plan of the
Property, giving all dimensions, angles
and bearings, together with such infor-
mation, statements and certificates as
required by this Ordinance, (b) presented
to the Planning Commission for approval,
and (c) which when approved, will be
submitted to the Clerk of the Circuit
Court for Washington County for recording.
43. Recorder
The Clerk of Circuit Court for Washington County.
44. Residential
The term residential or residence is applied
herein to any lot, building or portion thereof
used exclusively for dwelling unit and/or ren-
tal sleeping unit occupancy, including
concomitant uses.
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45. 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.
46. Right of Way, Public
A land area designated, dedicated, or reserved
for use as a highway, street, alley, or inter-
ior walk, or for a drainage channel, or other
public purpose.
47. Right of Way, Private
An easement or right of passage over privately
owned lands.
48. State Health Department
Maryland State Deparbient of Health and Mental
Hygiene.
49. Street and/or Highway
A public right of way, intended for vehicular
traffic, including freeways, expressways, ar-
terials, parkways, thoroughfares, collector
streets, local streets, cul-de-sacs, marginal
access streets, avenues, boulevards, roads,
lanes and other public ways, with the excep-
tion of alleys and as now or hereafter or
otherwise designated.
50. 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.
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51. 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 appro-
priate 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 Mary-
land as amended from tine to time.
The tern 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 tern subdivision include the sale
or transfer to any municipality when such
sale or transfer is for the purpose of acqui-
sition of a road right of way.
The term subdivision does not include sale or
transfer of a portion of a lot, tract, or par-
cel of land where the portion to be sold or
transferred has been physically separated from
all other portions of the sane lot, tract, or
parcel of land by a public highway, other pub-
licly owned land, or a right of way in fee.
52. Zoning Ordinance
The Zoning Ordinance and District Boundary
Maps for Washington County, Maryland, and
all subsequent additions or amanents thereto.
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ARTICLE 111
PROCEDURE FOR SUBMISSION OF
SUBDIVISION APPLICATIONS
ARTICLE III
PROCEDURE FOR SUBMISSION OF SUBDIVISION APPLICATIONS
301. METHOD
The procedure for obtaining approval of a subdi-
vision plat consists of the following three steps:
Preliminary Consultation
Preliminary Plat Review and Approval
Final Plat Review and Approval
302. PRELIMINARY CONSULTATION
The owner or owners proposing to subdivide land
resulting in five (5) or more divisions of the original tract (as of
September 8, 1970) shall consult with the Washington County Planning
Ccamlission before submitting an application for plat approval. For
any proposed subdivision resulting in fewer than five (5) divisions
of land since the enacthent of this Ordinance, preliminary consulta-
tion shall be optional.
* This step does not require formal application, fee
or formal filing of plat with the C ardssion. Ten (10) copies of a
sketch plan shall be submitted at least one (1) week 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 requiranents of the Adequate Public
Facilities Ordinance.
The sketch plan shall include the entire original
parcel of land (as of Septenber 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:
Incation and size of tract
Proposed layout of streets, lots, and other
elements basic to the proposed use
Proposed methods of sewage disposal, storm
drainage, water supply, and for providing
other utilities
Amended by the County Commissioners 12/11/90
See Text Amendment case S-7
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4. Minim topographic information sufficient
to determine surface drainage patterns and
principal drainage areas
5. The source of existing contours as they are
shown on the sketch plan.
consultation shall bepsuutmit�ted tolat thereCaimission forapreliminary
approval within one (1) year of the consultation.
303. PRELIIRY PLAT APPLICATION
1. A developer or subdivider desiring approval of
a plat of a subdivision or resubdivision of
any land lying within the jurisdiction of Wash-
ington 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 appro-
val prior to the submission of a final plat.
2. Land may not be subdivided unless adequate
access is provided over approved streets, nor
nay 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.
The Preliminary Plat shall be prepared to meet the
nththnn is as detailed under Article IV, Design Principles
and StandaxrJs, and Article V, Street and Utilities Improvements, of
this Ordinance.
305. FOW OF PRKLUUjj y PLAT SUMSSION
paper and/or Preliminary plats may be prepared in pencil on tracing
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 Cannission, at an alternate scale ap-
propriate for the lot being subdivided.
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306. IINFORMNL'ION
The preliminary plat shall include the following
information:
1. Vicinity Plan
A vicinity plan drawn to a scale that will
satisfy the requira:ents of items A through
F below, showing the relationship of the plat-
ted 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 fran which the lot or lots
are proposed to be subdivided. The fron-
tage and point of access for ranaining
land should be clearly shown on the plat.
D. The total extent and acreage of any Frater-
shed 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.
E. The total number of lots and locations of
lots which have been subdivided from the
original tract since Septanber 8, 1970.
Lots may be shown by block, section, or
recorded plat folio number so long as the
total number of lots is indicated.
307. TITLE
The preliminary plat shall include the following:
1. Contents
A. Proposed nave of subdivision. The name shall
not duplicate, or be similar in pronunciation
to the name of any other recorded subdivision.
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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.
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 acre-
age. 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 util-
ity rights of way, and parks or other
public open spaces, and municipal corpor-
ation 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, stone and combined sewers; lo-
cation 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 in-
vert elevation of sewers to extent known
to developer.
D. Existing contotirs 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
0Z
than ten percent (10%). 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 excep-
tion of concept plans, only photogramnetry
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.
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.
F. Other conditions on the tract: water
courses, marshes, rock outcrop areas
showing on the surface of the land,
wooded areas, soil types, limits of the
one Hundred (100) Year Flood Plain, and
other significant features.
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 systans; railroads,
utility lines; towers; and other nearby
non-residential land uses or adverse in-
fluences; 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
owmer.
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1. In the case of resubdivision, all des-
criptive 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.
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 util-
ities, industry or other non-public use.
F. Minimum building setback lines.
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 retaining 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.
J. Proposed entrance to each lot of the sub-
division on any existing public street or
highway.
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1' • Y 111' "11 1 11 I'
1. The preliminary plat shall be accanpanied
by profiles showing existing ground surface
and proposed street grades, including exten-
sions for a reasonable distance beyond the
limits of the proposed subdivision., typical
cross sections of the proposed grading,
roadway pavement and sidewalk; preliminary
plans of proposed sanitary and storm water
savers with grades and sizes indicated;
plans for stone water management facilities
in accordance with the Stone Water Manage-
ment Ordnance; 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 in-
terest in the installation of the above
mentioned services.
The developer or subdivider shall submit to the
Camtission the number of copies specified by
the Camiission or, if none is specified, twelve
(12) copies of the plan. The developer or sub-
divider 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 recamend approval or disapproval
of the plan.
A. Washington County Sanitary Commission.
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 subdi-
vision or re -subdivision plans contiguous
to such municipal corporation.
-21-
F. Utility canpani.es.
G. Washington County Board of Education as
to school site planning.
H. Washington County Soil Conservation Dis-
trict as to erosion and sediment control.
1. State Fire Marshal.
J. Fire and Rescue Cammumications.
R. Maryland Water Resources Administration
An appropriation permit fran the Maryland
Water Resources Administration is required
for subdivisions of two (2) lots or more
which are dependent on wells for water
supply. The Planning Commission will ap-
prove 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 fran the Maryland Water
Resources Administration is required prior
to the development of said lots. This ack-
nowledgement shall be binding upon my/our
guarantees, assigns, successors, heirs, and
personal representatives".
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 Washing-
ton County.
1. The Camdssion shall act to either approve, con-
ditionally 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 consti-
tute approval of the final plat. It shall be
effective for a maximum period of two (2) years.
-22-
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 Cc mission disapproves the pre-
liminary 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 modi-
fications necessary to satisfy the
requirements of this Ordinance.
w n • i •r • •r • •
•ar cur•
Upon written request from the developer, the Planning Carmis-
sion may extend the time for approval or disapproval of the preliminary
plat beyond sixty (60) days for such period as the Commission deems
appropriate.
311. PRELIMINARY PLAT WITHDRAWAL
A preliminary plat, upon written request of the applicant,
shall be withdrawn from consideration by the Planning Commission, pro-
vided that the written request is received prior to the expiration date.
nfr.KR U_ 4 5
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 neets the necessary requirements of
this Ordinance.
313. F(M OF FINAL PLAT SUBMISSION
After a preliminary plat has been approved by the Commission,
the developer or subdivider shall submit eight (8) black line reproduc-
tions of the final plat of the subdivision. The reproductions shall be
-23-
submitted ten (10) days, or such less period as may be specified by
the Cannission, 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 Cannission, at an alternate scale
appropriate for the lot being subdivided, and the size of the sheet
shall be 8 1/2" X 14" or 18" X 22 3/4" for one and two lot subdi-
visions and 18" X 22 3/4" for subdivisions containing three lots or
more. Each sheet shall contain a one and one half (1 1/2) inch
margin for binding along the left edge. When more than one sheet is
required, an index sheet of the sane size shall be submitted, showing
the entire subdivision to scale.
314. INECTION
The final plat, which nay include all or only a portion of
the approved preliminary plat, shall contain the following information:
1.
2
4.
A vicinity plan drawn to a scale that will show
the platted land in relation to its general
surroundings.
Name of subdivision.
location of subdivision by tax nap number, election
district, town, place, or other legal description
as applicable.
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 con-
taining 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.
-24-
8. Scale shown graphically and numerically, north
point, and date.
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 cor-
ner, and shall be shown in feet and hundredths of
a foot. Ditto marks shall not be used.
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, monumients, or other evidence found or
established to determine the boundaries of the sub-
division. 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 af-
fixed to the plat in lieu of being drawn on the plat.
-25-
16. Building setback lines.
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 ele-
vations approved by the County Engineer.
B. Plans and cross sections of all street and
roadways including sidewalks, curbs, gut-
ters 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 sulmitted to and
reviewed by the County Engineer or any other
agency having a direct interest in the in-
stallation of the above mentioned services.
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 regu-
lations, 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 respon-
sible 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.
-26-
H. If a ccmmnLity water supply or cc mnmity
sewerage system is to be used in the de-
velopment 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 carcmuiity water
supply or cc munity sewerage. system is in
conformance with the County Water and Sew-
erage 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.
1. If a conuunity water supply or ccntwnity
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 subdi-
vision on any existing public street or
highway.
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 of 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 de-
termine whether it conforms substantially with the
preliminary plat and with all changes permitted and
all requirements imposed as a condition of accep-
L
-27-
tance. 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 fora, that no changes from
the preliminary plat are required, and that all re-
quirements imposed as a condition of its acceptance
are met.
All 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.
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 dis-
approval of any plat shall be stated upon the records
of the Conni.ssion. If the conditions of disapproval
are later satisfied, the applicant may re -submit 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 -3n acceptance by the County
Commn'ssioners 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 tine of final approval or there-
after to accept said offer of dedication in writing either
on the original recorded plat or by instrument recorded
among the land Records of Washington County, Maryland,
incorporating the plat by reference and designating said
acceptance and approval.
Amended by the County Commissioners 12/11/90
See Text Amendment case S-7
-28-
4. The Co mussion shall render 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 IMPRO EMENI'S PRIOR TC
RECORDING FINAL PLAT
Prior to final plat approval, and if deannecessary
by the Commission, the developer or subdivider shall provide the Can -
mission with a certification fran 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 PROCEDURE
Where a subdivision as defined in Section 202 is
involved and where the intent of the subdivider is
neither to develop the land nor to divide land
containing existing development, a simplified plat
nay be submitted for Commission approval. Examples
of this type of subdivision may include the con-
veyance of land between adjacent property owners
for the purpose of property enlargement, readjust-
ment of property lines and/or correction of deed
discrepancies, acquisition in fee simple of
utility rights of way or access rights of way, and
acquisition of parcels of three (3) acres or note
for bona fide agricultural or conservation purposes.
Other purposes not specified above will be considered
individually by the Commission pursuant to Section
107.
-29-
2. The simplified plat shall contain the following
information:
A. Vicinity plan to a scale that will satisfy
the requixamnts of Section 306. A, B, and
C.
B. Area of each lot, parcel or other unit
shown on the plat and area of *;ring
land.
C. Name and address of owner of the land and
name and address of the subdivider, 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 bound-
ary 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 improve-
ments located within one hundred (100) feet
of the boundaries of the subdivision.
I. In those plats for conveyance of land be-
tween 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.
3. Each simplified plat submitted to the Commission
for approval shall contain or be accompanied by
the following certificates, admowledget nts, and
descriptions in substantially the following forms:
-30-
A. OWNER'S STATEMENT
Application is hereby made for approval of
the indicated transfer of land
(State Purpose\
and not for development. Any development of
this land will be sukmitted in the regular
manner for approval in accordance with the
provisions of the existing Subdivision
ordinance.
Signed:
Purchaser or owner
Approval Granted
(Date)
Washington County Planning Commission
By:
Approved as a division of land not for develop-
ment with the stipulation that the foregoing
owner s statement be a part of the deed of con-
veyance.
B. Land Surveyor's Certificate
(Same as Section 603)
C. Such other Certificates, affidavits, endorse-
ments or documents as may be required by the
Commission in enforcement of this Ordinance.
4. Simplified Plat Approval
A. The Commission shall approve or disapprove a
simplified plat within sixty (60) days after
submission; otherwise such plat shall be dewed
to have been approved and the certificate to
that effect shall be issued by the Cammission
on demand. The grounds of disapproval of said
plat shall be stated upon the records of the
Commission.
B. The Caumission shall render signed approval in
the form prescribed in Section 602 of this
Ordinance.
-31-
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. Fonu 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 Can -
mission. 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 Cannission, at
an alternate scale appropriate to the lot being
subdivided.
319. FEES *
Subdivision fees shall be paid in accordance with
the following schedule:
One and two lot subdivision plats (include
simplified plats) $ 85
Multi -lot subdivision plats - Preliminary
(POD when subdivision is involved) $175 + $35/lot
Multi -lot subdivision plats - Final
(PUD when subdivision is involved) $100 + $15/lot
Multi -lot subdivision plats - Combined Prel./Final
(PUD when subdivision is involved) $175 + $40/lot
PUD
Preliminary Development Plan
PFinal
op mnt Plan
Combined Site Plan/Preliminary
Plat
* Mended by County Ccamhssioners - July 1, 1989
-32-
$100 + $10/acre
$100 + $10/acre
Highest of Site
Plan or applicable
plat fee as set
forth above
ARTICLE IV
ARTICLE IV
�K r, • �. a u••�.
401. GENERAL
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 ccmnunity as a whole.
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 *u; _gents shall
be deemed as a minimum, and whenever the appli-
cable standards and requirements of any
applicable ordinance are higher or more
restrictive, the latter shall control.
* 4. 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.
402. STREETS AND HIGHWAYS
1. 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.
* Amended by the County Ccnnissioners 12/11/90
See Text Amendment case S-7
-33-
If a proposed subdivision has received prelimi-
nary approval by the Planning Co miission and
conforms to the standards and requirements of the
County Health Depar tent, 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 canpensation because of benefits he may
derive from such a road, or to arrive at a mutu-
ally agreeable figure for the property within
the street width, or, upon failure of agree ent,
to file a condemnation suit in Circuit Court
before the end of that period.
3. Mere 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 pro-
visions of the Washington County Zoning Ordinance. For subdivision
purposes, the front building setback line shall be measured fran 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, fran that point
as specified in Section 202.27.
-34-
405. STREET LAYOUT AND DESIGN
1. General
A. The proposed plat shall provide for con-
tinuation of any existing roads or streets
(constructed or recorded) in accordance
with adopted highway plans.
B. A tract proposed for subdivision into par-
cels 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 subdi-
vision 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.
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 bound-
ary of such property.
F. Proposed streets and highways shall be ad-
justed 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 fran the track suf-
ficient to provide lots with a m;n hmn of one
hundred sixty (160) feet depth backing to the
railroad right of way, or at a distance suitable
for
-35-
the appropriate use of the intervening land
as for park purposes in residential dis-
tricts, or for co m arcial 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.
1. Railroad tracks shall not be included within
the rights of way of roads or streets, ex-
cept for crossings or rail transit lines
outside the paved traveled portion of the
road.
J. Subdivisions platted along both sides of
an existing or approved future street shall
provide the entire minimum right of way in
accordance with Article N, 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 dedica-
tion 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
Ca:miission may approve designs involving mini-
mum distance requirements between access points
specified by the standards only in instances
where strict compliance would result in a
safety hazard.
-36-
B. Subdivisions fronting on a primary highway
in a business or industrial zone shall in-
clude a parallel service road within the
required right of way which shall extend to
adjacent parcels similarly zoned. The ser-
vice road shall be designed and constructed
to County standards and shall be dedicated.
C. The location of intersections with major
arterial highways shall be designed to avoid
through traffic crossing such highways. Pro-
posed 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 minim mm 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.
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.
-37-
5. Cul-de-sacs *
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 a ergency 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.
Reserve Strips
Reserve strips controlling access to streets
are prohibited except where the control of such
strips is placed with the County under con-
ditions approved by the Camiission.
7. Street Names
Street names shall not be used which will dupli-
cate 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 caaner-
cial 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 mininnun right of way width of an alley
shall be twenty (20) feet.
C. Dead-end alleys should be avoided, but if
unavoidable, they shall be provided with
an adequate circular "T" or "Y" turnaround
at the closed end.
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
Amended by County Carmissioners 2-10-87.
See Text Amendment case S-3.
-38-
ten (10) foot wide easements, provided ease-
ments of lesser width may be permitted by the
Cammission if it determines that the purposes
of such easements may be accomplished by ease-
ments 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 subdi-
vision 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,
drainage way, 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 pro-
vide 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; rail-
roads; bordering streams; 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 nay be determined necessary by the Cammis-
sion including adequate provision for off-street
parking, deliveries and truck maneuvering.
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11. Lots
A. lot configuration and orientation shall be
appropriate for the location of the subdi-
vision and for the type of development or
use contemplated and shall be approved by
the Commission.
B. ** 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:
1. * The Ccnnission may approve the sub-
division 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.
Not more than one (1) lot may be con-
veyed to any one member of the immediate
family. Any such subdivision shall con-
tain a statement on the plat, signed by
the developer, that:
(a) certifies the intent of the owner
to transfer the land only to a
nether of the immediate family;
(b) * 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 Commis-
sion except as may be required to
satisfy a mortgagee in case of loan
foreclosure, and
(c) 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 ap-
proved by the Commission.
* Amended by the County Commissioners 4-26-88 and 7-31-90
See Text Anendnent case S-4 and S-6
** Amended by the County Commissioners 10-31-89
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D. Double Frontage Lots. Double frontage lots,
meaning a block having one tier of lots be-
tween 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 sub-
division, 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 therefran.
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 sane 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 Lots *
Panhandle lots shall be a minimum of twenty-
five (25) feet in width fran the public road
to the main body of the lot.
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 Camussion that
excellence of design will be achieved or that
such lots are inaccessible to public road due
to unique configuration 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
405.1l.G which is October 31, 1989.
* Amended by the County Commissioners 10/31/89
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Not more than two (2) panhandle lots may have
adjoining driveway entrances to a public
right-of-way.
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.
The length of each panhandle shall not exceed
four hundred (400) feet.
406
407
408
TREE CUPPING *
The Canission shall review proposed subdivision with
respect to the cutting of trees and may in ose
limitations on the number, location, and distribution
of trees proposed for removal. The Commission nay
disapprove a subdivision plan where the tree removal
would result in a diminishing of viewshed quality in
those areas designated as Antietam Overlay District by
the Zoning Ordinance. The Commission shall use the
criteria at Section 408 to noderate impact on viewshed
quality.
House Orientation *
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.
Tree Cutting Guidelines *
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.
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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 reainder 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 reproved.
D. The Planning Ca mission may require that
the above guidelines be shown on the
subdivision plat.
* Amended by the County Commissioners 6/13/89
See Text Amendment Case S-5
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ARTICLE V
'o 9181 : �I� 1 Y WIJC pl INN ik
ARTICLE V
501.
502.
No improvements shall begin until approval
of the final plat. The subdivider or de-
veloper 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 111 of this Ordinance.
Construction plans, profiles and specifica-
tions 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 im-
provements.
3. All required improvements shall be con-
structed under the inspection of and subject
to the approval of the County Engineer.
4. All underground utilities, sanitary sewer and
stomp 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 util-
ities 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.
New streets, highways, alleys, sidewalks and cross
walks with appurtenant drainage and other facilities
in each new subdivision shall be constructed in
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accordance with the provision of Article IV of this
Ordinance and with all applicable requirements of the
agency, or agencies, having jurisdiction over said
improvanents .
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.
504. STORM DRAINAGE
In every subdivision, the developer shall pro-
vide storm drains, culverts, drathageways, 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 system shall be designed in accordance
with the Storm Water Management Ordinance.
Wherever curbs and gutters are provided or
when the County Engineer determines the
natural surface drainage to be inadequate,
the subdivider shall construct a stone 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 systan shall be
permitted when curbs and gutters are not pro-
vided and the natural drainage will, in the
opinion of the County Engineer and approval
of the Commission, adequately drain the stonn
water from the subdivision. The drainage ways
-45-
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 drain-
age 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 ser-
vice 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 water-
shed area shall be provided for approval by
the County Engineer.
505. PUBLIC UTILITIES
Pipelines, electric power and energy transmis-
sion and distribution lines and cables, and
telephone and telegraph lines and cables shall
be underground in a subdivision where the pre-
liminary 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 Cammis-
sion existing lines and transmission lines nay
be excluded. The Public Service Ccamiission of
Maryland may also grant exceptions from its
underground rules.
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
-46-
shall be marked on the top by either a
copper dowel, 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 estab-
lished grade.
2. The corners of all lots shall be marked by
9alvanized 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.
�y,_ —HJ&t4iIZttUMWJ1ZIC1
Curbs and gutters need not be installed along
streets in the subdivision unless deemed
necessary by the County Engineer for adequate
drainage of store 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 misunnun require-
ments of the Washington County Specifications
for Road and Street Inprovanents or any
amendment thereto.
508. SIDEWALKS
Concrete sidewalks need not be installed along
streets in the subdivision unless deemed neces-
sary 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 Inprovanents and any amendment thereto.
509. CCMPLETICN
Upon co pletion of the installation of streets, storm
drainage, water supply, sanitary sewers and sewerage
disposal systans, a copy of the final plans and
specifications as built shall be filed with the County
Engineer.
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ARTICLE VI
CERTIFICATES
ARTICLE VI
601. GENERAL
Each final plat submitted to the Commission for ap-
proval shall contain or be acccopanied by the following certificates,
asknowledgenents and descriptions in substantially the following form:
602. CERTIFICATE OF APPROVAL
Date
/•'1s��\.��ll+ Ali h�4 9 _UJh �:uIN •�
603. LAND SURVEYOR'S CERTIFICATE
Each final plat sub=mitted to the Commission for ap-
proval 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
Liber , at folio • and that stones, marked
thus: and/or bars, marked thus: have been
placed as indicated.
Signature
Land Surveyor
. Registration Number:
SEAL
Date
-48-
604. OWNERS STATENT *
Each final plat submitted to the Commission for
approval shall carry a deed of dedication, either on said final
plat or incorporated therein by reference, in substantially the
following form:
DEDICATION FOR INDIVIDUALS
I/We do hereby certify, for ourselves and our per-
sonal 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 responsi-
bility 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 agreetent of dedication shall be
binding upon my/our grantees, assigns, successors, heirs, and personal
representatives.
WITNESS our hands and seals this
day of , 19
(SEAL)
(SEAL)
WITNESS
Amended By the County Commissioners 10-15-85
See Text Amendment case S-2
-49-
I/We also certify that the cammunity water and/or
cammutity sewerage system proposed for this subdivision will be
available to all lots offered for sale. I/we also certify that
plans for the ccemwnity water supply and/or canwnity sewerage sys-
tem 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 our hands and seals this
day of ,19
(SEAL)
(SEAL)
WITNESS
CERTIFICATION FOR LENDING INSTITUTIONS
We do hereby assent to this Plan of Subdivision:
(SEAL)
(SEAL)
WITNESS
-50-
605. CERTIFICATE OF APPROVAL OF INDIVIDUAL WATER
SUPPLY AND INDIVIDUAL SEWERAGE SYSTEM
(Required for Both Preliminary and Final Plats)
I hereby certify that the minimm3m ownership area
co plies with the minimum width and minimum area requirements speci-
fied in COMAR 10.17.03.03. Such minimum ownership shall remain
equal to the minimum i width and minimum area set forth in CCVIAR
10.17.03.A(2) until caimuiity sewerage and water have been made
available. Not more than one principal building nay be erected or
constructed on a lot, or lots, contained in the minimum ownership
area as established by CG,R 10.17.03.A.(2) until catmunity sewer-
age has been made available.
Date
Signature
County Health Officer
606. CORPORATION STATEMENT
Each plat submitted to the Commission by a corpor-
ation for approval shall carry a certification in substantially the
following form:
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 mininnu 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 ease-
ments, 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 corporations grantees, assigns, and successors.
-51-
WITNESS our hands and seals this
day of ,19
(SEAL)
President
(SEAL)
Secretary
WITNESS
1/We also certify that the community water and/or
community sewerage system proposed for this subdivision will be avail-
able to all lots offered for sale. 1/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
Departhent 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.
(Name of Corporation)
By:
President
Attest:
Date: Secretary
(Corporate Seal)
WITNESS:
-52-
CERTIFICATION FOR LENDING INSTITUTIONS
We hereby assent to this plan of subdivision.
(SEAL)
(SEAL)
607. CERTIFICATE OF APPROVAL OF CCtIMUNITY WATER
AND/OR SEWERAGE SYSTEM
I hereby certify that the use of the camnmity water
and/or ccanmurity sewerage system for this subdivision is in conformance
with the County Water and Sewerage Plan.
County Health Officer
Date
608. INTER324 FACILITIES PROVISION CERTIFICATION
In ccanpliance with CGR 10.17.01.05.8. (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 co mmuiity
system shall be made within one (1) year or less after the system
becares available.
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