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Burkittsville City Zoning Code

SECTION 9

20 Improvements

All improvements in a subdivision shall conform with these minimum standards and specifications, and other requirements which may be adopted by the Town or Frederick County, or by such other governmental agencies which may have jurisdiction over each facility, as stipulated below. Nothing contained herein, however, shall be construed as prohibiting a subdivider from installing improvements of a greater standard or quality than the minimum standards required herein.

  1. General.
    1. Street Improvements — Agricultural (AG) District. The subdivision of more than five (5) lots and a remainder off of an original parcel of land in the AG District shall require that the subdivision be served by a street meeting the full standards for right-of-way, paving, curb and gutter, drainage and other improvements adopted by the County from the subdivision to MD Route 17 (Potomac Street) or Main Street. The above requirement applies to both newly platted streets or the use by the subdivider of an existing Town street. In the case of an existing Town street, it shall be the subdivider's responsibility to bring the street up to the minimum standards necessary to serve the proposed subdivision development.
    2. Street Improvements — Historic Village (HV) District. Because of the existing narrow streets in the Historic Village District and the fact that homes encroach upon right-of-way normally required for new streets, the Planning and Zoning Commission shall have the authority to determine whether a proposed subdivision in the HV District can utilize a particular street for access and to what degree improvements must be made to the existing street that is proposed for such use.
    3. All engineering services necessary for the installation of streets and any water and sewer service will be provided by the developer with the approval of the Town.
    4. All new streets shall be graded and drained, base material applied, surface treatment applied, and utilities installed, all in accordance with the standards of design and construction adopted by Frederick County and in effect at the time of plat approval.
  2. Water Facilities. Every lot in a subdivision shall be provided with an individual private water supply.
  3. Septic/Waste Facilities. Every lot in a subdivision shall be provided with a complete sanitary septic system for disposal of waste. Sand mound septic systems shall not be permitted.
  4. Drainage. Every subdivision shall be provided with storm drains, culverts, drainageways, or other facilities adequate to collect and dispose of all water originating on or flowing across the property, without inundating, eroding or damaging roads, lots, or other properties. The construction of these facilities shall be in conformity with the standards and specifications adopted by Frederick County and in effect at the time of plat approval.
  5. Topsoil. Topsoil shall not be removed from residential lots or used as spoil, but shall be redistributed to its former depth and in all cases, good soil conservation practices shall be used to prevent soil erosion and siltation during and after subdivision development.
  6. Street Signs. A street name sign shall be erected by the Town at the developer's expense at each new street or road intersection.
  7. Monuments And Pipes. Permanent monuments shall be placed, as required for markers in the Annotated Code of Maryland. After the grading is completed, the subdivider must ensure that monuments are placed at the proper locations. Iron pipes shall be set along the property line of all streets and roads at points of intersection, curvature or tangency, and at such points along the subdivision boundaries not already marked by monuments.
  8. Street Lighting. All street lighting shall be approved as to design by the Town and installed by the Town at the expense of the developer.
  9. Utility Lines. All utility lines and cables must be installed and buried below grade. No overhead or above ground utility lines, cables, wires or poles shall be permitted.
  10. Improvement Plan. Plans for improvements shall be prepared by a registered licensed professional engineer for review by the appropriate public authorities prior to construction. Such plans shall be sufficient to show the proposed location, sizes, type, grades, and design features of each facility, including the following:
    1. Profiles. Profile of each street center line, with grades (including projections beyond the subdivision boundaries where significant), and showing any water and sewer lines, manholes, culverts, streams, etc. Scale: 1 inch to 50 feet horizontal, 1 inch to 5 feet vertical.
    2. Cross-Sections. Typical street cross-sections for all streets, at a scale not smaller than 1 inch to 5 feet. Where considerable cuts or fills are required, special cross-sections shall be shown on the plan. A grading plan showing existing and proposed contours may be furnished in lieu of special cross-sections.
    3. Sanitary and Storm Drains. Location plans and profiles for proposed sanitary and storm sewers or drains, with grades and pipe sizes indicated.
  11. Inspection And Acceptances.
    1. All construction work on improvements required herein shall be subject to inspection during and upon completion of construction by an authorized engineering representative of the Town. Approval and acceptance may be made by such representative on behalf of the Town, if found to be in accordance with the approved plan and these regulations.
    2. If the final inspection is not made within sixty (60) days after improvements are completed and a written request for inspection has been submitted by the developer, the said improvements will be deemed approved and the Town Council shall accept them by duly executed deed.
  12. Guarantee Of Improvements.
    1. General Requirements. The Mayor and Town Council of Burkittsville, Maryland are required to approve a suitable guarantee prior to the signing of a final subdivision plat in order to insure construction by the developer of those public improvements shown on any final plat or improvement plans covering the same area of the final plat, should such public improvements not have already been constructed.
    2. Type of Guarantee. The Mayor and Town Council have designated two (2) types of guarantees which may be acceptable in lieu of actual construction of improvements prior to the recording of the final plat. These include:
      1. Money placed in escrow payable to the Town; and
      2. A Cash Bond or Letter of Credit. An escrow account or bond will be required in an amount equal to one hundred percent (100%) of the cost of said improvements plus a contingency of one hundred fifteen percent (115%) for inflation and shall be in the form of either a properly executed bond or letter of credit by a federal or state lending institution licensed, insured and located in the State of Maryland, with authorization to pay to the Town the cost of said improvements in the event of the default of the developer.
    3. Procedure. Prior to the filing of a final plat which shows thereon any new streets, or whose area is served by public improvements required to be supplied by the developer, a certification of the cost of such streets and/or improvements shall be filed by an authorized agent of the Town with the Town Council after his notification of the intent of the developer. Such cost estimate shall be transmitted to the developer in person, mail, or by agent with instructions on procedure for filing such bond. Upon receipt of a bond, it shall be approved by Legal Counsel to the Town Council and thereafter the Planning and Zoning Commission shall be notified in writing of the acceptance and filing of the bond or guarantee. A record shall be kept by the Town Council showing the bonds in force as well as those which have been released after construction and acceptance of the improvements by the Town. No bond or guarantee shall be released until a written acceptance of the improvements constructed is presented, made by the Town, and until the Town Council shall have entered such acceptance into the official minutes.