Loading...
HomeMy WebLinkAbout1994 Subdivision OrdinanceAMENDMENTS CASE SECTION NO. PAGE NO. APPROVAL DATE S-1 202.25 9 8-06-85 S-2 604. 56 10-15-85 S-3 405.5 42 2-10-87 S-4 405.11.B.1(b) 45 4-26-88 S-5 406. 47 6-13-89 407. 48 6-13-89 408. 48 6-13-89 Development Fees 319. 36 7-01-89 Panhandle 405.11.B 45 10-31-89 Lots 405.11.G 46 10-31-89 S-6 405.11.B.1 45 7-31-90 405.11.B.1(b) S-7 102. 1 12-11-90 202.2 5 12-11-90 302. 17 12-11-90 315.2 31 12-11-90 401.4 37 12-11-90 S-8 102. 1 2-09-93 202.15 7 2-09-93 202.21 8 2-09-93 202.22 9 2-09-93 202.23 9 2-09-93 307.2.F 21 2-09-93 308.1 23 2-09-93 314.19 30 2-09-93 314.20 30 2-09-93 401.5 37 2-09-93 406. 47 2-09-93 408. 48 2-09-93 S-9 202.1 5 12-21-93 318.1 33 12-21-93 318.3A. 35 12-21-93 TABLE OF CONTENTS PAGE ARTICLE I INTENT, PURPOSE AND ADMINISTRATION 101. Short Title 1 102. Intent and Purpose 1 103. Administration of Regulations 2 104. Jurisdiction 2 105. Application 2 106. Subdivision of Record 2 107. Modification 2 108. Assessment of Lots in a Subdivision 3 109. Appeal 3 110. Amendments 3 111. Validity 3 112. Violations and Penalties 3 113. Repeal 4 114. Saving Clause 4 115. Enactment 4 ARTICLE II DEFINITIONS 201. General 5 202. Terms Defined 5 1 PAGE ARTICLE III PROCEDURE FOR SUBMISSION OF SUBDIVISION APPLICATIONS 301. Method 17 302. Preliminary Consultation 17 303. Preliminary Plat Application 18 304. Preliminary Plat 18 305. Form of Preliminary Plat Submission 18 306. Information 19 307. Title Description 19 308. Other Preliminary Plat Information 23 309. Preliminary Plat Approval 25 310. Extension of Time for Approval or Disapproval of Preliminary Plats 25 311. Preliminary Plat Withdrawal 26 312. Final Plat 26 313. Form of Final Plat Submission 26 314. Information 26 315. Final Plat Approval 30 316. Withdrawal 32 317. Guarantee of Public Improvements Prior to Recording Final Plat 32 318. Simplified Plat Procedure 33 319. Development Fees 36 ii PAGE ARTICLE IV DESIGN PRINCIPLES AND STANDARDS 401. General 37 402. Streets and Highways 38 403. Minimum Widths of Rights of Way 39 404. Building Setback Lines 39 405. Street Layout and Design 39 406. Tree Cutting 47 407. House Orientation 48 408. Tree Cutting Guidelines 48 ARTICLE V STREET AND UTILITY IMPROVEMENTS 501. Requirements 50 502. Minimum Standards for New Street and Highway Construction 51 503. Pipe Standards and Sizes 51 504. Storm Drainage 51 505. Public Utilities 53 506. Monuments and Markers 53 507. Curbs and Gutters 54 508. Sidewalks 54 509. Completion 54 ARTICLE VI CERTIFICATES 601. General 55 602. Certificate of Approval 55 iii PAGE 603. Land Surveyor's Certificate 55 604. Owner's Statement 56 605. Certificate of Approval of Individual Water Supply and Individual Sewerage System 58 606. Corporation Statement 58 607. Certificate of Approval of Community Water and/or Sewerage Systems 60 608. Interim Facilities Provision Certification 60 iv ARTICLE INTENT, PURPOSE AND ADMINISTRATION 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 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 requirements and standards of the Adequate Public Facilities Ordinance except those subdivisions specifically exempted by said Ordinance. ** It 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. * Amended by the County Commissioners 12/11/90 See Text Amendment case S-7 ** Amended by the County Commissioners 2/09/93 See Text Amendment case S-8 -1- 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. 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 Records of Washington County prior to the effective date of Ordinance shall be accepted as valid and no further approval Commission shall be required for the conveyance of lots so 107. MODIFICATION Land this by the shown. 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. -2- 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. the Commission the provisions Ordinance. 110. Appeal by any person aggrieved from any action of shall be to the Board of Zoning Appeals pursuant to of Article 25 of the Washington County Zoning AMENDMENTS The Board of County Commissioners may adopt amend- ments to the provisions of this Ordinance if it is determined by the said Board, after public hearing and advance public notice of said hearing, that any such amendment will better the public interest and the general purpose of this Ordinance, as defined in Article 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 (1000.00) Dollars. Each day that a vio- lation continues shall be deemed a separate offense. In addition to any other remedies, the Board of County Commissioners may insti- tute 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. -3- 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 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 deter- mined 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. -4- ARTICLE II DEFINITIONS 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, leasee, agent, servant, officer or employee of any of them. The word "land" shall include water surface and land under water. 202. TERMS DEFINED ** 1. Accessory Structures A use or structure of a nature customarily incidental and subordinate to the principal use or structure. * 2. 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. 3. 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. * Amended by the County Commissioners 12/11/90 See Text Amendment case S-7 ** Amended by the County Commissioners 12/21/93 See Text Amendment case S-9 -5- 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. 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 Depart- ment 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. County Engineer The duly designated County Engineer of Washington County, Maryland. 14. County Health Department The Washington County Health Department. * 15. 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: (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 agricul- tural activity, which materially affects the existing condition or use of any land or structure. * Amended by the County Commissioners 2/09/93 See Text Amendment case S-8 -7- 1$. Developer Any individual, firm, association, syndicate, co -partnership, corporation, trust or any other legal entity or agent thereof com- 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 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 Depart- ment of Housing and Urban Development/Federal Insurance Administration (HUD/FIA) showing areas subject to inundation by waters of the 100 Year Flood. * 21. 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 by the County Commissioners 2/09/93 See Text Amendment case S-8 ** 22. 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. ** 23. 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. * 25. 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, 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 principal or accessory structures. * Amended by the County Commissioners 8/6/85 See Text Amendment case S--1 ** Amended by the County Commissioners 2/09/93 See Text Amendment case S-8 27. 28. 29. 30. 31. 32. 33. 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. Jurisdiction The territory of a county or municipal cor- poration within which its powers may be exercised. 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. Lot of Record Any lot or parcel legally recorded in the Land Records of Washington County as of September 8, 1970. 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. Lot, Double Frontage A lot the opposite ends of which abut on streets. 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 pan- handle 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. -10- 34. 35. 36. 37. Lot, Depth The mean horizontal distance between the front and rear lines of a lot. Lot, Width The horizontal distance between the side lines of a lot or lots measured at the mid- points of the side lines. 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 term. 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. 38. Map Plat. 39. 40. 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. Ordinance This Ordinance and all subsequent additions or amendments thereto. -11- 41. 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. 43. 44. 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. Panhandle Lot A polygonal shaped lo of a "pan" or "flag a handle is most often access to a street or when less than the mi building lot in the Z it is to be located, computing the minimum Performance Guarantee t with the appearance nd staff" in which the used as the point of road. The "handle", nimum width for a oning District where is not to be used in area required. 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 agree- ments with said surety to be approved by the Board of County Commissioners of Washington County. -12- 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 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. -13- 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 inf or- 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. 48. Recorder The Clerk of Circuit Court for Washington County. 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. -14- 53. State Health Department Maryland State Department of Health and Mental Hygiene. 54. 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 excep- tion of alleys and as now or hereafter or otherwise designated. 55. 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. 56. 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 time to time. -15- 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 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. -16- ARTICLE III 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: 1. Preliminary Consultation 2. Preliminary Plat Review and Approval 3. 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 Commission before submitting an application for plat approval. For any proposed subdivision resulting in fewer than five (5) divisions of land since the enactment of this Ordinance, preliminary consultation shall be optional. * This step does not require formal application, fee or formal filing of plat with the Commission. 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 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', i" = 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 * Amended by the County Commissioners 12/11/90 See Text Amendment case S-7 -17- 4. Minimum 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. 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 1. 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: 1. 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. 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. 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. -19- 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 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) -20- feet where the slope is less 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 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. 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, soil types, 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. 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. * Amended by the County Commissioners 2/09/93 See Text Amendment S-8 -21- 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 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 utilities, 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 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 -22- 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 subdivision on any existing public street or highway. 308. OTHER PRELIMINARY PLAT INFORMATION * 1. 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 Manage- ment 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. 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. Amended by the County Commissioners 2/09/93 See Text Amendment case S-8 -23- The agency shall review the plan and supplementary documentation and, when required, shall recommend 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 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 Administration An appropriation permit from 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 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 -24- 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. 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 1. 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 PLATS Upon written request from the developer, the Planning Commission may extend the time for approval or disapproval of the preliminary plat beyond sixty (60) days for such period as the Commission deems appropriate. -25- 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 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 1/2" X 14" or 18" X 22 3/4" for one and two lot subdivisions 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 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. -26- 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. S. 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. 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. -27- 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. 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, 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 -28- reviewed by the County Engineer or any other agency having a direct interest in the installation 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 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 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 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. -29- 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. * 19. 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 requirements Ordinance. 315. FINAL PLAT APPROVAL of intent, if exempt from the of the Forest Conservation 1. 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 Amended by the County Commissioners 2/09/93 See Text Amendment case S-8 -30- 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. * 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. 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 * Amended by the County Commissioners 12/11/90 See Text Amendment case S-7 -31- 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 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 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 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. -32- 318. SIMPLIFIED PLAT PROCEDURE * 1. 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 may be submitted for Commission approval. Examples of this type of subdivision may include the conveyance of land between adjacent property owners for the purpose of property enlargement, readjustment of property lines and/or correction of deed discrepancies, acquisition in fee simple of utility rights of way or access rights of way, acquisition of parcels of three (3) acres or more for bona fide agricultural or conservation purposes, and to allow for the conveyance of land that contains accessory buildings or for the purpose of constructing accessory buildings. The lots containing the accessory structures must be adjacent to or have common property lines with the lot that has the principal structure. Other purposes not specified above will be considered individually by the Commission pursuant to Section 107. 2. The simplified plat shall contain the following information: A. Vicinity plan to a scale that will satisfy the requirements of Section 306. A, B, and C. B. Area of each lot, parcel or other unit shown on the plat and area of remaining 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. * Amended by the County Commissioners 12/21/93 See Text Amendment S-9 -33- 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. 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. 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: -34- 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 submitted in the regular manner for approval in accordance with the provisions of the existing Subdivision Ordinance except when the property contains structures as defined as accessory in this Ordinance. Signed: Purchaser or Owner Approval Granted (Date) Washington County Planning Commission By: (Chairman) Approved as a division of land not for development 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. The Commission shall approve or dis- approve a 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 Commission on demand. The grounds of disapproval of 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. Amended by the County Commissioners 12/21/93 See Text Amendment S-9 -35- 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 Com- 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 Commission, 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 (PUD 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 $100 + $10/acre PUD Final Development Plan $100 + $10/acre Combined Site Plan/Preliminary Highest of Site Plat Plan or applicable plat fee as set forth above * Amended by County Commissioners - 7/01/89 -36- ARTICLE IV DESIGN PRINCIPLES AND STANDARDS 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. * 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. ** 5. 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. * Amended by the County Commissioners 12/11/90 See Text Amendment case S-7 ** Amended by the County Commissioners 2/09/93 See Text Amendment case S-8 -37- 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. 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 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. -38- 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 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 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. -39-- 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. 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. 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 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. -40- 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. 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. -41- 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-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 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 con- ditions approved by the Commission. * Amended by County Commissioners 2-10-87. See Text Amendment case S-3. -42- 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 commer- 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 minimum 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. 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 -43- 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 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. -44- 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 Commission 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 conveyed to any one member of the immediate family. Any such subdivision shall contain a statement on the plat, signed by the developer, that: (a) certifies the intent of the owner to transfer the land only to a member 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 Commission 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. * Amended by the County Commissioners 4-26-88 and 7-31-90 See Text Amendment case S-4 and S-6 ** Amended by the County Commissioners 10-31-89 -45- 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 resubdi- vision 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 Lots * 1. Panhandle lots shall be a minimum of twenty-five (25) feet in width from the public road to the main body of the lot. * Amended by the County Commissioners 10/31/89 -46- 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 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 CUTTING * 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. The Commission may 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 moderate impact on viewshed quality. * Amended by the County Commissioners 6/13/89 and 2/09/93 See Text Amendment Cases S-5 and S-8 -47- 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 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. 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. 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. * Amended by the County Commissioners 6/13/89 See Text Amendment Case S-5 ** Amended by the County Commissioners 6/13/89 and 2/09/93 See Text Amendment Cases S-5 and S-8 -48- 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.) maybe removed. D. The Planning Commission may require that the above guidelines be shown on the subdivision plat. -49- ARTICLE V STREET AND UTILITY IMPROVEMENTS ARTICLE V STREET AND UTILITY IMPROVEMENTS 501, REQUIREMENTS 1. 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 III of this Ordinance. 2. 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 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. -50- 502. 503. 504. MINIMUM STANDARDS FOR NEW STREET AND HIGHWAY CONSTRUCTION New streets, highways, alleys, sidewalks and cross walks 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. PIPE STANDARDS AND SIZES The Washington County Specifications for Road and Street Improvements shall be used in each new subdivision. STORM DRAINAGE 1. 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. -51- 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 pro- vided 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 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 watershed area shall be provided for approval by the County Engineer. -52- 505. PUBLIC UTILITIES 1. General 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 Commis- sion 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 1. 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, 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. -53- 507. CURBS AND GUTTERS 1. Curbs and gutters need not be installed along streets in the subdivision unless deemed necessary by the County Engineer for adequate drainage of storm water or for factors of safety. Curbs and 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. -54- ARTICLE VI CERTIFICATES 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 Liber , 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 -55- 604. OWNER'S STATEMENT * Each final plat submitted to the Commission for approval shall carry a deed of dedication, either on said final plat or incorporated therein by reference, in substantially the following form: DEDICATION FOR INDIVIDUALS I/We do hereby certify, 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 19 WITNESS Amended By the County Commissioners 10-15-85 See Text Amendment case S-2 -56- (SEAL) (SEAL) 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 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 WITNESS 19 CERTIFICATION FOR LENDING INSTITUTIONS We do hereby assent to this Plan of Subdivision: WITNESS -57- (SEAL) (SEAL) (SEAL) (SEAL) 605. CERTIFICATE OF APPROVAL OF INDIVIDUAL WATER SUPPLY AND INDIVIDUAL SEWERAGE SYSTEM (Required for Both Preliminary and Final Plats) I hereby certify that the minimum ownership area complies with the minimum width and minimum area requirements specified in COMAR 1.0.17.03.03. 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: Date 606. CORPORATION STATEMENT County Health Officer 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 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 ,19 (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. Date: (Corporate Seal) WITNESS: (Name of Corporation) By: President Attest: Secretary -59- CERTIFICATION FOR LENDING INSTITUTIONS We hereby assent to this plan of subdivision. (SEAL) (SEAL) 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. 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. -60--