Oakland City Zoning Code
ARTICLE V
General Regulations
§ 300-22 Table of Dimensional Requirements for Principal Uses.
The Table of Dimensional Requirements for Principal Uses, which contains lot area and lot width regulations, is included at the end of this chapter.
§ 300-23 Lot area or yard required.
The lot or yard areas required for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter. No required lot or area shall include any property, the ownership of which has been transferred after the effective date of this chapter, if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.
§ 300-24 Exceptions to minimum lot sizes and lot widths.
A.
A building may be constructed, provided the yard requirements are observed, on any lot which was lawful when created and which, prior to the effective date of this chapter, was in separate ownership duly recorded by plan or deed.
B.
This exception shall not apply to any two or more contiguous lots in a single ownership as of or subsequent to the effective date of this chapter, in any case where a reparceling or replotting could create one or more lots which would conform to the above provisions.
§ 300-25 Front yard reduction.
When there is an existing building on each of two lots adjacent on either side to a lot on which a proposed building is to be erected (where both such existing buildings nearer to the street line than the required front yard depth elsewhere specified in this chapter) and when each such existing building is within 100 feet of the proposed building, the average of the existing front yard depths of such adjacent lots shall be the minimum required front yard for the lot on which the proposed building is to be erected.
§ 300-26 Traffic visibility across corners (clear sight triangle).
On any corner lot, no wall, fence or other structure shall be erected or altered and no hedge, tree, shrub, or other growth shall be maintained which causes danger to traffic on a street by obscuring the view. Visual obstructions shall be limited to a height of not more than two feet above street level within the triangular area bounded by the street lines and a straight line drawn between points on each such street line 25 feet from the intersection of said street line.
§ 300-27 Permitted projections into required yards.
Subject to § 300-26, the provisions of § 300-22 shall not apply to fences or walls which are less than six feet high above the natural grade nor to terraces, steps, uncovered porches, or other similar features not over three feet high above the floor level of the ground story. Subject to § 300-26, Articles VI and VII, the yard requirements of § 300-22 shall not apply to accessory signs and off-street parking spaces.
§ 300-28 Accessory buildings in side and rear yards.
Completely detached accessory buildings may occupy required side and rear yards but shall not be located closer than five feet to any side or rear property line.
§ 300-29 Front and side yards of corner lots.
On a corner lot, the street side yard shall equal the required front yard for lots facing that street.
§ 300-30 Exceptions to maximum height regulations.
Maximum height regulations shall not apply to church spires, chimneys, aerials and other structures normally built or located above the roof and not devoted to human occupancy.
§ 300-31 Cluster residential development.
In order to permit a better and more attractive pattern of residential development than is possible under the usual district zoning requirements geared to the individual lots, the Board of Appeals may, by special exception, as provided for herein, vary the lot area requirements in each residential district. Among the objectives of this cluster development provision are a more varied, efficient, imaginative and economical development pattern by increasing the flexibility in the location and arrangement of homes, reducing length of streets and utility improvements and encouraging a more attractive and usable pattern of open space.
A.
In the case of a plan for cluster residential development which involves a tract of land not less than 10 acres in size, the Board of Appeals, following review and recommendation by the Planning Commission and subject also to the requirements of Subsection B of this section, may:
(1)
Authorize a reduction of not more than 25% in the minimum lot area per dwelling unit and lot width requirements relating to a lot in the district in which the lot is located. In no case shall the number of dwellings permitted on a tract of land in a cluster residential development be more than 10% greater than the number which would have been permitted were the district regulations not modified.
(2)
Permit modifications of the yard and other area requirements of the district, provided that in no case shall a building be located less than 20 feet from a street line or less than 15 feet from another building.
B.
In any case where a plan for development is approved in accordance with the requirements of this section, the following special regulations shall apply:
(1)
The tract of land to be developed shall be in one ownership, or shall be the subject of an application filed jointly by the owners of the entire tract, and the application shall certify that the tract will be developed within a reasonable time under single direction and in the manner approved.
(2)
In order to comply with the density requirement for the tract, required in Subsection A of this section, sufficient area within the proposed development shall be set aside for common open space purposes and/or a certain percentage of oversized lots shall be included in the plan.
(3)
Any areas to be set aside or reserved for park, woodlands, conservation, playground or other open space purposes, such as the preservation of natural features or historical areas, shall be suitable for the designated purpose, be consistent with the plan and policy for future use for the Town and contain no structure other than a structure related to outdoor recreational use.
(4)
Areas for common open space use may be reserved for private use, or they may be dedicated to the Town. Areas which subsequently are to be dedicated to the Town shall be acceptable to the Town. Satisfactory written agreements, acceptable to the Town, shall be made for the perpetual preservation and maintenance of all common areas to be set aside and reserved for private use.
(5)
Each building shall be served by centralized sewer and water facilities unless the Garrett County Health Department determines otherwise.
(6)
The application for special exception shall be accompanied by a plan, or plans for the entire tract, which plan or plans also shall comply with all requirements of any Town Subdivision Ordinance and other applicable ordinances. The plan shall clearly designate the proposed use of each area of the tract.
§ 300-32 Planned residential development ("PRD").
[Added 7-24-2006 by Ord. No. O2006-07]
A.
Purposes. The purposes of these PRD provisions are:
(1)
To encourage innovation in residential development and renewal so that growing demand for housing in Oakland may be met by a greater variety and maximum choice in the type, design and layout of dwellings and by the conservation and more efficient use of open space ancillary to said dwellings;
(2)
To provide, through such innovations, greater opportunities for better housing and recreation for present and new residents of Oakland;
(3)
To encourage a more efficient use of land and services and to reflect changes in the technology of land development;
(4)
To permit greater flexibility in the design of developments to conserve natural resources such as streams, lakes, floodplains, wetlands, wooded areas, steeply sloped areas, areas of unusual beauty and significant natural habitats;
(5)
To assure that the provisions of this chapter providing for the uniform treatment of dwelling type, density setbacks and open space within each zoning district may be applied flexibly, in a manner which would not distort the objectives of this chapter, when dealing with the improvement of land by other than lot-by-lot development; and
(6)
To establish a procedure which can relate the type, design and layout of residential development to the particular site and the demand for housing at the time of development, in a manner consistent with the preservation of the property values within existing residential areas, and to assure that the increased flexibility of regulations over land development established hereby is carried out following sound, expeditious and fair standards and procedures.
B.
Eligibility. A proposed development shall be eligible to use the provisions of this section only if all of the following requirements are met:
(1)
The proposed PRD shall consist of one or more contiguous parcels of land under ownership, purchase agreement, option to purchase, leasehold agreement or other similar legal agreement. Ownership must be under a single legal entity. However, subparcels may be broken off to allow other development with the approval of the Mayor and Town Council of Oakland.
(2)
Minimum acreage. The proposed PRD shall contain a minimum number of contiguous acres in accordance with the following schedule:
(a)
CBA - Central Business Area: not permitted.
(b)
TC - Town Center District: not permitted.
(c)
TR - Town Residential District: 10 acres.
(d)
SR - Suburban Residential District: 10 acres.
(e)
C - Commercial Area: not permitted.
(f)
EC - Employment Center: not permitted.
(g)
PD - Preservation District: not permitted.
(h)
RIP - Residential, Institutional-Professional: 10 acres.
(3)
Utilities. All principal buildings within the proposed PRD shall be connected to Town water and sewage services. All new electric service, cable television and telephone lines shall be placed underground.
C.
Types and densities of land uses.
(1)
Housing types. A PRD may contain more than one of the following types of residential uses: single-family detached dwelling, modular dwelling, two-family detached dwelling, single-family attached dwelling and multifamily dwellings.
(2)
Subject to the other provisions of this chapter, a noncommercial clubhouse designed for community activities may be permitted in a PRD if it is to be dedicated along with the other community facilities in open space to the residents and/or any organization formed by the residents for the administration and maintenance of the common areas and open space. Any such clubhouse shall be designed to be architecturally compatible with the community, and if said clubhouse is visible to surrounding communities, the architectural character of surrounding communities shall be taken into consideration in its design.
(3)
Subject to the other sections of this chapter, a maintenance building may be permitted in a PRD zone to the extent it is designed and intended to serve the needs of the residents and/or any organization the residents may form for the purpose of administration and maintenance of the open space. Any such maintenance building shall be designed to be architecturally compatible with the community, and if said maintenance building is visible to surrounding communities, the architectural character of surrounding communities shall be taken into consideration in its design.
(4)
Maximum density. The maximum density for residential units in the PRD is as follows: 13 single-family attached dwellings per acre (in TR, SR, RIP); 13 multifamily dwellings per acre (in TR, SR, RIP); five single-family dwellings or modulars per acre (in TR); four single-family dwellings or modulars per acre (in SR or RIP); and three two-family detached dwellings (six units) per acre (in TR, SR, RIP).
(5)
Impervious surfaces. The total percent of the PRD site which is to be covered by buildings, roads, parking areas and other impervious areas shall be determined, in part, by the size of the total parcel, but shall not exceed 30% of the total land area.
(6)
Minimum open space. The percent of the PRD site to be included within common open space shall be no less than 25% of the total land area. Common open space includes recreation areas, pedestrian uses areas, steep slopes, floodplains and easements free of paving and structures, but does not include parking areas, roads and yard areas within 25 feet of any residential building.
(7)
Height. A PRD may allow an increase in building height for dwelling units, but it may not exceed an increase of 20%.
D.
Natural features analysis. To determine which specific areas of the total PRD are best suited for higher density development, and which areas should be preserved in their natural state as open space areas, a thorough analysis of the natural features of the site shall be provided by the applicant and shall address the following subject areas: hydrology, including floodplain areas and wetlands; geology; soils, based on the Garrett County Soil Survey; topography, with particular attention being paid to areas with slopes of 15% or more; and vegetation.
E.
Community impact analysis. An analysis of the impact upon the Town's infrastructure, i.e., utilities, roadways and stormwater, shall be provided if the PRD proposes to exceed standards for density.
(1)
A comparison of the costs to the Town versus the tax revenues expected to be produced by the PRD shall be included in the analysis. Market analysis data which estimate potential market demand for various types of housing in the area of the proposed PRD site shall also be presented.
F.
PRD site design principles. Conventional siting practices as specified in Article V, such as the setback and orientation of buildings in relation to lot lines, roads and other buildings, may be varied to produce attractive and interesting arrangements of buildings, subject to the following general requirements:
(1)
Residential structures shall be located and arranged to promote privacy for residents within the PRD and to maintain privacy for residents adjacent to the PRD.
(2)
Residential and other structures located near the periphery of the PRD shall be designed to be harmonious with neighboring areas.
(3)
Residential and other structures located within 200 feet of the perimeter of a PRD shall be set back by a distance sufficient to protect the privacy of adjacent existing uses; no structure shall be located within 20 feet from the perimeter boundary line of the PRD site.
(4)
The natural features of the PRD site shall be major factors in determining the siting of residential structures. In addition, the effects of prevailing winds, seasonal temperatures and daily hours of sunlight shall be considered in designing and siting dwelling unit structures.
(5)
Residential structures shall be located and sited to facilitate pedestrian and visual access to common open spaces wherever possible.
(6)
No single-family structure shall be located less than 15 feet from any road right-of-way. Townhouse or apartment structures shall be a minimum of 10 feet from any road right-of-way. No structure shall be closer than five feet from any alley right-of-way. Notwithstanding anything in this subsection, the provisions of § 300-26, Traffic visibility across corners (clear site triangle), shall be mandatory unless the owner and/or developer can present, to the satisfaction of the Mayor and Town Council, engineering studies which would show that the deviation from § 300-26 would not prevent any hazard to any pedestrian or to vehicular traffic.
(7)
Off-road parking areas required, pursuant to Article VI, in conjunction with permitted nonresidential uses, shall be located and designed to provide direct access to collector, arterial roads or alleys. Any such parking area that includes more than 100 parking spaces shall have access only to a collector road or roads.
G.
PRD common open space.
(1)
The location, shape, size and character of the required common open space shall be determined by the constraints of the natural features of the site and the objectives set forth for PRD's in this chapter.
(2)
Wherever possible, common open space shall be provided in contiguous or connected areas for maximum visual and pedestrian accessibility by all residents of the PRD.
(3)
The uses and facilities provided in the common open space shall be appropriate to the scale and character of the planned development, considering its natural features, size, land use intensity, potential population and the number and types of dwelling units to be developed.
(4)
Significant natural features such as woodland areas, large trees, natural watercourses and bodies of water, rock outcroppings and scenic views shall be incorporated into common open space areas whenever possible.
H.
PRD roads.
(1)
The road system of the PRD shall be designed to relate harmoniously with land uses within and adjacent to the PRD.
(2)
The road systems of the PRD shall be designed with the safe integration of pedestrian traffic in mind through the coordinated design of sidewalks, roads, dwelling units, commercial area, and common open space.
(3)
The road system of the PRD should be designed to minimize high volume traffic in residential areas.
(4)
Cul-de-sac roads shall have a turning circle with a minimum out-paved radius of 40 feet. Island plantings in the middle of the cul-de-sac shall be permitted, provided the design does not interfere with the flow of traffic.
(5)
The design and construction of all roads within a PRD shall conform to the Town's standards for public roads. The Mayor and Town Council may approve modifications to the standards for roads that will not be publicly maintained, provided such modifications are consistent with the Town's Subdivision/Development Policy.
(6)
When designing the roads, consideration shall be given to the total required number of parking spaces for the PRD, and on-street parking may be used to fulfill a part of the total parking requirement, providing that single-family dwellings must still provide two off-street parking spaces.
(7)
Single-family residences, duplexes, and townhouses are permitted to have common access easements. Such an easement shall be a private right-of-way that is shared by a maximum of six units. A common access easement may take the form of either a spur with only one end connecting to the street, or a half-hoop with both ends connecting to the street. Spurs shall have a maximum length of 100 feet. Both shall have a minimum right-of-way width of 20 feet.
I.
K.
PRD tree conservation and landscaping.[2]
(1)
Existing trees shall be preserved wherever possible.
(2)
Where extensive natural tree cover and vegetation does not exist and cannot be preserved on the PRD site, landscaping shall be provided to enhance the appearance of the PRD, aid in erosion control, provide protection from wind and sun, screen roads and parking areas, and enhance the privacy of dwelling units.
(3)
Street trees shall be provided along all arterial and collector roads, unless the Mayor and Town Council determines that existing trees to be preserved will serve the same purpose. A minimum of two trees with a minimum trunk width of three inches measured one foot above the ground shall be provided for each 50 feet of road perimeter. Such trees shall be planted at a distance from the road that is sufficient to avoid future conflicts with the road.
L.
PRD ownership, maintenance and preservation of common open space.
(1)
The applicant and/or developer of a PRD shall make provisions to assure that the common open space land continues such as and that it shall be properly maintained. The developer shall provide for and establish an organization for the ownership, maintenance and preservation of open space which shall conform to the following standards and procedures:
(a)
The organization shall be established by the developer before sale or rental of dwelling units in the PRD.
(b)
The form, financial capability, rules of membership and methods of cost assessment of the organization shall be designed to insure the successful fulfillment of the maintenance, preservation and improvement responsibilities of the organization.
(c)
The organization responsible for maintenance, preservation, and improvement of common open space areas shall become the sole owner of the common open space lands no later than the time that 20% of the residential lots or units have been transferred into the hands of private individuals. Prior to such transfer taking place, the developer, after consultation with the organization, shall create the organization as a legal entity, and shall provide and record its charter, and shall present to it a proposed set of bylaws which shall establish the procedures and mechanism before the operation of the organization, at which shall clearly state that the main purpose and responsibility of the organization is to maintain and administer the common open space lands and common facilities.
(d)
The organization shall have or hire adequate staff to administer common facilities and maintain the common open space.
(e)
If the developer should grant to the Town of Oakland a portion of the common open space, it shall be the Town's responsibility to maintain that portion of the common open space.
(f)
In the event that the organization established to own and maintain a common open space, or any successor organization thereto, shall at any time after establishment of the PRD fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Town may serve written notice upon such organization, or upon the residents and owners of the PRD, setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place for a hearing thereon which shall be held within 14 days of the notice. At such hearing the Oakland Town Council may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected.
[1]
If the deficiencies set forth in the original notice or in the modification thereof shall not be corrected within said 30 days or any extension thereof, the Town, to preserve the taxable values of the properties within the PRD and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not constitute a taking of said common open space, nor vest in the public any rights to use the same.
[2]
Before the expiration of said year, the Town upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space shall call a public hearing upon notice of such organization, or to the residents and owners of the PRD, to be held by the Town, at which hearing such organization or the residents and owners of the PRD shall show cause why such maintenance by the Town shall not, at the option of the Town, continue for a succeeding year.
[3]
If the Town shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Town may, in its discretion, continue to maintain said common open space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the Town in any such case shall constitute a final administrative decision subject to judicial review.[3]
(g)
The cost of such maintenance by the Town shall be assessed ratably against the properties within the PRD that have a right of enjoyment of the common open space and shall become a lien on said properties. The Town at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the Clerk of the Circuit Court for Garrett County, upon the properties affected by the lien within the PRD.
M.
PRD procedural requirements. The plans and other required supplementary data for a proposed PRD shall be submitted for review and approval in accordance with the requirements and procedures specified below:
[Amended 10-1-2007 by Ord. No. O2007-04]
(1)
PRD preapplication consultation.
(a)
Prior to preparing and submitting an application for tentative approval, the applicant and/or developer of a proposed PRD shall consult with the Mayor and Town Council and the Oakland Planning Commission in a joint meeting. The purpose of the informal meeting shall be to discuss the general intent of the applicant and/or developer, to consider relationships to the Town Comprehensive Plan, and to outline the approval process and the specific requirements for plan preparation and submission. At such meeting, a sketch plan of the proposed development shall be submitted showing:
(b)
No official action shall be taken at this meeting; however, input shall be provided to the applicant and/or developer on the proposed PRD.
(2)
The applicant and/or developer may apply to the Town for tentative approval of the proposed PRD by an application consistent with the requirements of this section. Such application for tentative approval of a PRD shall be executed by the applicant and/or developer, and by the landowner if, at the time of the application, the applicant and/or developer is not the owner of the land subject to the PRD. The application shall be filed with the Town Clerk, and shall include documentation illustrating compliance with all of the standards for PRD's herein specified and shall constitute a preliminary version of the development plan for the PRD. The application for the tentative approval shall include the following plans and documents necessary to determine the adequacy of the proposals:
(a)
A site map or maps at a scale of one inch equals 100 feet, showing, at a minimum, hydrology and topography of the site. The site map shall clearly illustrate all of the natural features of the site proposed for the PRD.
(b)
A site development plan at a scale of one inch equals 100 feet, showing the size, type and approximate location of all proposed roads and walkways; parking areas; buildings; common open spaces and facilities; sanitary sewer, water supply and storm drainage and other utility lines; and other proposed development features; and showing the relation of such proposed features to existing features of the same type on or adjoining the site.
(c)
The proposed text of the deed restrictions or other legal documents relating to the ownership of the common space areas, and summary information about the substance of covenants, grant of easements or other restrictions to be imposed upon the use of the land, buildings and/or structures.
(d)
A written statement by the landowner setting forth the reasons why, in his opinion, the PRD would be in the public interest and would be consistent with the Town's Development Plan.
(e)
Such other information and documentation as may reasonably be required by the Mayor and Town Council and the Oakland Planning Commission to determine the adequacy of the proposed plans for the proposed PRD.
(3)
A full copy of the application, plans and documents shall be forwarded by the Town Clerk to the Oakland Planning Commission upon receipt. A joint public meeting shall be held with the Mayor and Town Council and the Oakland Planning Commission not less than 30 after application is made. The Oakland Planning Commission must then give its recommendation to the Mayor and Town Council within 15 days of the public meeting.
(4)
Action by the Mayor and Town Council. After hearing the recommendation of the Oakland Planning Commission regarding the proposed PRD, the Mayor and Town Council shall within 15 days render a decision in one of the following methods:
(5)
Findings of fact. The grant or denial of tentative approval by the Mayor and Town Council shall be stated in writing to the applicant and/or developer, describing the reasons for the approval, with or without conditions, or for denial, and describing with particularity in what respects the development plan would or would not be in the public interest, including but not limited to findings of fact and conclusions on the following:
(a)
The extent to which the PRD is or is not consistent with the Town Comprehensive Plan.
(b)
The extent to which the development plan departs from zoning or other regulations applicable to the subject property, including but not limited to density, land coverage, setback or any other applicable regulation or requirement of the Town Zoning Ordinance or any other Town ordinances and shall state the reasons why departures are or are not deemed to be in the public interest.
(c)
The purpose, location and amount of the common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space as related to the proposed density and type of residential development.
(d)
The physical design of the development plan and the manner in which the design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment.
(e)
The relationship, beneficial or adverse, of the proposed PRD to the neighborhood in which it is proposed to be established.
(f)
In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and the residents of the PRD in the completion of the development plan.
(6)
Status of tentatively approved PRD plan. Tentative approval of a development plan shall not qualify a plat of the PRD for recording nor authorize development or the issuance of any building permits. A development plan which has been given tentative approval with conditions which have been accepted by the applicant and/or developer (and provided that the applicant has not defaulted or violated any of the conditions of the tentative approval) shall not be modified or revoked nor otherwise impaired by action of the Town pending an application for final approval, without the consent of the applicant; provided, however, that the tentative approval of a plan shall not be valid for more than 12 months from the date thereof, unless an extension of time is granted in writing by the Mayor and Town Council.
(7)
Application for final PRD approval. The application for final approval of a tentatively approved plan shall be executed by or on behalf of the landowner and shall be filed with the Mayor and Town Council before the expiration of the tentative approval. The final PRD plan shall conform substantially to the approved tentative plan. Any proposed changes must be fully delineated on the documents submitted and required to be submitted for approval of the final PRD plan, and must be fully explained to the Mayor and Town Council at the public hearing. The Mayor and Town Council shall, in its sole discretion, have complete authority to reject any such changes from the tentative PRD plan. The applicant may, however, submit part of the tentative PRD plan for approval as a final PRD plan which the applicant proposes to record and develop at that time. Upon receipt of the application for final approval, the Town Clerk shall forward a copy of the application to the Oakland Planning Commission.
(8)
The Mayor and Town Council and the Oakland Planning Commission shall hold a joint public hearing on the application for final PRD approval. Notice of the public hearing shall be given, including the date, time, place, and subject matter thereof, in at least one local newspaper for two successive weeks, prior to the hearing. The hearing shall be scheduled not less than 30 days nor more than 45 days from the date of application for final PRD approval. The Mayor and Town Council shall utilize a formal procedure under which the applicant and/or developer shall present its case, and any person appearing in favor or opposition to the application may be heard. The application for final approval shall include copies of the following documents in the number specified by the Mayor and Town Council:
(a)
The final plan of the PRD shall be drawn at a scale of one inch equals 50 feet, suitable for recording, and showing at least the following data:
[1]
North arrow, date, written and graphic scales;
[2]
Accurate boundary lines of all lots, roads, rights-of-way and common open space areas, with bearings, distances and curve data sufficient to permit all lines to be located by survey on the site, and with linear dimensions to the nearest 10 seconds of arc, and closing with an error of not more than one foot in 10,000 feet;
[3]
A listing of the total acreage of the PRD, the area within each lot or other parcel, the land uses in each area, the total number of dwelling units, number of each type of dwelling unit, the average total residential density and the total residential density in each section;
[4]
Locations and dimensions of all roads, including right-of-way and cartway lines, parking areas, pedestrian walkways, easements and permanent monuments on property line markers;
[5]
Building coverage lines accurately locating all dwelling units and nonresidential structures, giving dimensions of the structures, distances between the structures, distances to road lines and parking areas, with distances accurate to the nearest hundredth of a foot;
[6]
Location of common open space areas, specifically indicating those areas to be developed for active recreation, and showing the type of the exact location of structures and facilities to be developed in the common open space areas;
[7]
Name and address of the landowner and developer, identification of the deed or deeds giving title to the land within the PRD, and the election district and tax map numbers; and
[8]
Seal and signature of the registered engineer or registered land surveyor certifying the accuracy of the plan. Seal and signature of a registered land surveyor certifying the accuracy of the survey.
(b)
The final plan of the PRD shall be accompanied by the following plans and information:
[1]
Final construction drawings for the installation of all site improvements required under this chapter or other Town regulations, and including profiles and cross-section drawings for road, sanitary sewer, water supply and storm drainage systems.
[2]
Architectural drawings illustrating exterior designs and typical floor plans of typical dwelling units of each type and nonresidential structures to be constructed.
[3]
All covenants running with the land governing the reservation and maintenance of dedicated or undedicated common open space land. These covenants shall be subject to acceptance by the Town Attorney as to their legal sufficiency.
[4]
Restrictions of all types which will run with the land and become covenants in the deeds of lots shown on the final plan.
[5]
Such certificates of approval by other authorities as required by this chapter or by law, including certificates approving the water supply system, the sanitary sewer system and the erosion and sediment control plan.
(c)
To guarantee that the improvements required by this chapter or by law will be constructed by the applicant and/or developer and without cost to the Town, the final plan shall be accompanied by one or a combination of the following documents:
[1]
A certificate from the applicant and/or developer, signed by the Town Clerk certifying that cash in an escrow account, or certified check, bond or other acceptable security or combination thereof, payable to the Mayor and Town Council of Oakland and satisfactory thereto in form, sufficiency and legal execution, has been filed with the Town Clerk. The form of such escrow account, bond, certified check or other acceptable securities shall specify the time for the completion of the required improvements, and shall provide that, when the improvements have been completed and approved by the Town, the guarantee shall be released and returned; it may also provide that as the required improvements progress and are approved by the Town, a portion of the bond, monies or other security commensurate with the cost of the improvement may be released and returned to the applicant; or
[2]
A certificate from the applicant, signed by the Town Council, certifying that all or the specified parts of the required improvements have been constructed, installed or completed in a manner acceptable to the Town for compliance with this chapter.
(9)
Action by the Town Planning Commission on PRD. The Oakland Planning Commission shall provide in writing to the Mayor and Town Council a recommendation with respect to the approval, disapproval, or approval with conditions of the final plan of the proposed PRD. In making its recommendation, the Planning Commission shall address each of the findings of fact in accordance with the requirements of this chapter for approval of a PRD. This recommendation shall be submitted to the Oakland Town Council not later than 15 days after the date of the public hearing.
(10)
Action by the Oakland Mayor and Town Council on the PRD. The Mayor and Town Council shall follow the procedures set forth in this Subsection M(10) in considering and approving or disapproving the final PRD:
(a)
If the final plan and all supporting data comply with the provisions of this chapter and with the conditions, if any, specified in the grant of tentative approval, the Mayor and Town Council may approve the final plan upon receipt of the recommendation of the Oakland Planning Commission. The Mayor and Town Council may impose conditions precedent with its approval.
(b)
Notwithstanding the provisions of the previous Subsection M(10)(a), the Mayor and Town Council may reject the proposed final PRD, after the public hearing, based upon a negative recommendation of the Planning Commission or if the Mayor and Town Council finds by clear and convincing evidence one of the following:
[1]
That the proposal is not in conformance with the Town's adopted Comprehensive Plan. The Mayor and Town Council is empowered to make its own independent judgment with respect to this matter.
[2]
That the benefit to the public interest of allowing the special process provided for in this section, whereby the development of a PRD is given flexibility from the various restraints and requirements of this chapter, does not justify the granting of the PRD in that the PRD would be less beneficial to the future development and planning objectives of Oakland than would be the development of the same parcel according to the requirements of the Zoning Ordinance for the zoning district in which it is located.
[3]
That any deviation from the requirements of Articles V through VIII of this chapter, proposed as part of the final PRD, are not justified as being necessary to the plan or if the Town Council finds that such variations are intended for the pecuniary gain of the applicant and/or developer rather than the achievement of the goals set forth herein for a PRD.
(c)
The Mayor and Town Council must render a decision within 15 days after receipt of the recommendation of the Oakland Planning Commission, unless extenuating circumstances prevent such decision.
(11)
Effect of final approval of PRD. Final approval of a plan shall constitute an irrevocable offer by the applicant and/or developer to dedicate to the Mayor and Town Council of Oakland all roads, rights-of-way or other areas for public use so indicated upon the plan, but said final approval shall not be deemed to constitute or effect any acceptance by the Mayor and Town Council of Oakland or the public in general of any such use unless and until formally accepted in the usual legal manner for public use or ownership. The Mayor and Town Council of Oakland shall have the right at any time to accept said offer of dedication by ordinance, or by instrument recorded among the land records of Garrett County, incorporating the same by reference designating said acceptance and approval.
(12)
Recording of final PRD plan. A copy of the approved final plan bearing the signature of the Mayor of Oakland and or the President of the Town Council and all other required endorsements shall be filed among the land records in the office of the Clerk of the Circuit Court of Garrett County within 90 days after the date of approval; if said plan is not thus filed, the Council's approval shall become null and void.
(13)
Enforcement and modification of the PRD plan. To further the mutual interests of the residents in the PRD and of the public for the preservation of the integrity of the development plan, as finally approved, and to insure that modifications, if any, in the development plan shall not impair the reasonable reliance of the said residents upon the provisions of the development plan, nor result in changes that would adversely affect public interest, the enforcement and modification of the provisions of the development plan as finally approved, whether those are recorded by plat, covenant, easement or otherwise, shall be subject to the following provisions:
(a)
The provisions of the development plan relating to the use, size and location of buildings and structures; the quantity and location of common open spaces, except as otherwise provided in this chapter; any part of the plan which deviates from the requirements of Articles V through VII hereof; and the intensity of use or the density of residential units shall be deemed and shall become covenants on the land upon which the PRD is developed and shall run in favor of the Mayor and Town Council of Oakland and shall be enforceable in law or in equity by the County without limitation on any powers of regulation otherwise granted by law.
(b)
Recordation of the final PRD plan as provided for in Subsection M(12) shall be record notice of said covenants to all persons, including the developer and any purchasers of lots or units within the PRD.
(c)
The applicant and/or developer shall be required to give notice of the recordation of the plat, and the existence of the covenants provided for herein, in any deed of any unit, lot or parcel, within the PRD to any third person.
(d)
Further provisions of the development plan shall run in favor of the residents of the PRD but only to the extent expressly provided in the development plan, and to that extent said provision, whether recorded by plat, covenant, easement or otherwise, may be enforced by law or equity by said residents acting individually, jointly, or through an organization designated in the development plan to act on their behalf; provided, however, that no provisions of the development plan shall be implied to exist in favor of residents of the PRD except as to those portions of the development plan which have been finally approved and have been recorded.
(e)
All those provisions of the development plan authorized to be enforced by the Mayor and Town Council under this section may be modified, removed or released by the Town, except grants or easements relating to the service or equipment of a public utility, subject to the following conditions:
[1]
No such modification, removal or release of the provisions of the development plan by the Town shall affect or prejudice the rights of the residents of the PRD to maintain and enforce said provisions, at law or equity, as provided herein; nor shall it prejudice any commitment or contract made by said residents pursuant to any of the provisions hereof.
[2]
No modification, removal or release of the provisions of the development plan by the Town shall be permitted except upon a finding by the Mayor and Town Council, following a public hearing thereon pursuant to public notice called and held accordance with the provisions of this chapter, that the same is consistent with the efficient development and preservation of the entire PRD, does not adversely affect either the enjoyment of land of residents of the PRD or that of persons whose land abutting upon or across the road from the PRD or the public interest, and is not granted solely to confer a special or pecuniary benefit upon any person.
§ 300-33 Environmental protection: floodplains, nontidal wetlands and buffers.
A.
Purposes. This section is intended to safeguard and promote the public health, safety and general welfare by:
(1)
Regulating development in areas known to possess characteristics indicative of flooding and/or chronic wetness.
(2)
Maintaining adequate natural drainageways to carry abnormal water flows during periods of heavy precipitation and snow melt.
(3)
Restricting the construction of improvements in locations where they would likely be damaged by floods or where they could be washed away and cause damage to downstream properties.
(4)
Preventing encroachments on floodways which would cause damage to other properties along the watercourse by increasing the height and the velocity of floods.
(5)
Preventing health and safety hazards along drainageways during floods by preventing the placing or storing in the floodway of unsanitary or dangerous substances.
(6)
Reducing the financial burden imposed on the Town and its residents by frequent and periodic floods, overflows on land and erosion.
(7)
Assuring the eligibility of the Town so that residents in endangered areas may obtain reasonable surety for their homes through the National Flood Insurance Act of 1968.
(8)
Permitting and encouraging the retention of open land uses located and designed to constitute an appropriate part of the physical development of the Town as provided in the adopted Comprehensive Development Plan.
B. BUFFERS FLOODPLAINS NONTIDAL WETLANDS
Definitions. The provisions of this section shall apply to all areas, which are hereby designated to include:
All land lying within 25 feet measured horizontally from the edge of any nontidal wetland, stream, drainageway or body of water.
All areas delineated as one-hundred-year floodplains in studies and/or maps published by the Federal Emergency Management Agency.
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation." The area shall be determined using the "Corps of Engineers Wetland Delineation Manual."
C.
Review procedure. All land lying in floodplains, nontidal wetlands or buffers shall be subject to the following procedure:
(1)
Where an application for use of such land involves or includes permanent structures or facilities, including but not limited to buildings, septic systems and wells, the Zoning Administrator shall transmit a copy of such application and supplementary information to the Garrett Soil Conservation District, a copy to the Garrett County Health Department, and a copy to the Maryland Department of the Environment, requesting the written comments of each such reviewing agency regarding the proposed use. The Zoning Administrator may also request the written comments of all other county, state or federal agencies with a relevant interest.
(2)
In addition to the information ordinarily required for a zoning permit, the Zoning Administrator may require the applicant to supply any or all of the following supplementary information to assist in the thorough and equitable evaluation of the proposed use:
(a)
The existing and proposed contours at a contour interval of two feet;
(b)
The existing and proposed elevations of the levels of the land involved at the corners of the foundation of any buildings and utility facilities and at the intersection of any street;
(c)
The lowest elevation of the lowest proposed floor level and the main floor elevation within all proposed buildings and for all proposed utility facilities;
(d)
The layout of existing and proposed streets and the nature, extent and location of existing and proposed utilities; and
(e)
A detailed on-site soil survey prepared by a qualified soil scientist and/or a detailed engineering investigation by a registered professional engineer in accordance with survey techniques approved by the Garrett Soil Conservation District.
(3)
The Zoning Administrator shall delay action on such application for a period of 30 days from the date of transmittal to the agencies listed above. If no written request is received, or if no request for a reasonable extension of the review time is received from said agencies within said 30 days, the presumption shall be that the agency has no objections to the proposed use.
(4)
If the application complies with all other relevant provisions of this chapter, the Zoning Administrator, after the expiration of said 30 days or of such reasonable additional review time as may have been granted, shall either disapprove the application, or shall approve the application and issue a zoning permit or shall approve the application subject to such additional requirements as may seem necessary, reasonable and proper to protect the public interest in reducing flood hazards or to protect the public health, safety or welfare, based upon the written comments of the reviewing agencies. Such additional requirements may include, and the reviewing agencies may suggest that such additional requirements include, without being limited to, prohibiting or restricting one or more of the following uses and activities:
(a)
All buildings, including residential, commercial, industrial and other buildings intended for human occupancy or employment.
(b)
All refuse sites, excavation sites, dumps, junkyards, storage or animal waste materials, or the storage of inflammable liquids such as petroleum.
(c)
The filling of wetlands, the removal of topsoil, the damming, changing, or relocation of any watercourse.
(d)
The installation or use of any sewage disposal facilities or portable water supply facilities.
D.
Minimum construction standards. The following minimum construction standards shall apply to all uses which may in the future be permitted in one-hundred-year floodplains delineated pursuant to Subsection B above, and the standards may be specified by the Zoning Administrator as additional requirements in granting approval pursuant to Subsection C(4) above.
(1)
No building shall be erected or located in any floodplain unless the main floor elevation of said building shall be not less than one foot above the design floodplain water elevation.
(2)
Any structure placed in the floodplain shall be firmly anchored to prevent floodwaters from carrying it downstream. Such anchoring shall be sufficient to withstand the computed flood velocity. The Zoning Administrator shall require the applicant to submit the written opinion of a registered professional engineer that the proposed structural design meets this standard.
(3)
All materials and equipment located or stored below the main floor elevation of any building located in a floodplain shall be protected from flood damage. The Zoning Administrator may require the applicant to install a water pump in any such building. No living accommodations shall be located below the main floor elevation of any such building.
(4)
Notwithstanding other provisions of this chapter, the total area of all buildings and impervious surfaces located in a floodplain shall not cover more than 35% of the total lot or land area, in order that the remaining land will be open and allow for the unobstructed passage of water; the remaining open land, however, may be used for parking and loading areas, landscaping, required access drives, required yards, and similarly permitted open uses.
(5)
No building or improvement located in a floodplain shall be located or designed so as to impede unreasonably the movement or flow of surface water or debris.
E.
Effect of approval. The granting of approval of a site development plan or the issuance of a zoning permit for any building or use located in or within 100 feet of a floodplain shall not constitute a representation, guarantee or warranty of any kind or nature by the Zoning Administrator, or by any other public body or official, as to the practicability or safety of any structure or use proposed or erected and shall create no liability upon or cause action against such public body or official for any flood, chronic wetness, or pollution damage that may result pursuant thereto.
§ 300-34 Screening of outdoor storage areas.
Outdoor storage of materials, equipment and supplies outside of completely enclosed buildings shall be permitted as a use accessory to commercial, industrial, home occupation and other nonresidential uses, provided all such outdoor storage areas shall be effectively screened from the view from adjoining properties and public streets by dense evergreen planting at least six feet high or by a solid wall, screen or fence of equal height.
§ 300-35 Setbacks for satellite dishes, antennas and similar devices.
No satellite TV dish, TVRO dish, earth station, TV antenna, aerial, or the like shall be located closer than 15 feet to any property line. Any such dish shall be subject to the provisions of § 300-18, Satellite TV dishes, TVRO dishes or stations, earth stations and similar devices.
§ 300-36 Standards for mobile home parks.
Where permitted, mobile home parks shall be designed, constructed and maintained in accordance with the provisions of this section, and in accordance with applicable state and county health regulations. Mobile homes within the park may be replaced in accordance with the standards specified below as long as the total number of mobile homes for which the park was approved is not exceeded.
A.
Lot standards.
(1)
Individual mobile home lots located in a mobile home park shall contain at least 5,400 square feet of lot area and shall not be less than 45 feet wide at the building setback line, exclusive of easements.
(2)
The maximum number of mobile home lots permitted in a mobile home park shall be computed by subtracting from the gross site area a fixed percentage of 10% of said area for usable open space and dividing the remaining 90% of the area by the minimum lot requirements specified in Subsection A(1) above; provided, however, that in computing the maximum number of mobile home lots that may be created, any lands which are located within an environmental protection floodplain area, which are occupied by public utility easements, or which have a slope in excess of 25% in such a manner as to limit their use or prevent their development shall not be considered part of the gross site areas.
B.
Yard and setback standards.
(1)
There shall be a minimum distance of 25 feet between an individual mobile home and the pavement of an adjoining park, street, or common parking area or other common areas within the mobile home park.
(2)
All mobile homes shall be separated from each other by at least 20 feet.
(3)
Each mobile home lot shall have a concrete stand or pad.
C.
Street standards.
(1)
Access to mobile home parks shall be designed to minimize congestion and hazards at the entrance or exit and allow free movement of traffic on adjacent public streets.
(2)
All mobile home parks shall have safe and convenient paved access streets serving every mobile home lot. Alignment and gradient shall be properly adapted to topography, in accordance with Town roads standards.
(3)
All streets shall be kept in good repair.
D.
Off-street parking standards.
(1)
Off-street parking areas shall be provided in all mobile home parks for the use of park occupants and guests. Such areas shall be provided at the rate of at least 1 1/2 vehicular parking spaces for each mobile home lot; provided, however, that one space may be provided within each mobile home lot and that such spaces may be counted in partial satisfaction of this requirement.
(2)
Each required off-street parking space shall contain at least 200 square feet, not including accessways, and shall be located not more than 300 feet from the mobile home lot that it is intended to serve.
E.
Buffer and open space standards.
(1)
A suitably screened or landscaped buffer strip at least 10 feet wide shall be provided by the developer along all of the property and street boundary lines separating the mobile home park from adjacent uses.
(2)
All mobile home parks shall provide not less than 10% of the total land area for usable open space and recreation purposes. Usable open space shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located and easily accessible to all park residents.
F.
Other site improvements.
(1)
Individual tenants at the mobile home park may construct attached enclosures to individual mobile homes, provided that all other requirements relating to lot size, setbacks and so forth are met and that no such enclosure may exceed 100% of the floor area of the mobile home. Individual building permits shall be required for such enclosures in each case.
(2)
All parks shall have safe, convenient all-season pedestrian walks of adequate width for intended use, durable and convenient to maintain, between individual mobile home lots, the park streets and all community facilities provided for park residents.
§ 300-37 Steep slopes.
A.
New slopes. If any new slope shall be proposed in any development of a slope greater than 25%, the application for said development shall provide a written description of the measures that will be used to stabilize such slope, together with a legally binding timetable for the implementation of such measures.
B.
New construction on slopes over 15%. For any construction of a new principal building or a new parking lot on land that includes existing natural slopes over 15%, the applicant shall:
(1)
Show, to the satisfaction of the Zoning Administrator, that existing trees or other vegetation will be preserved to the maximum extent reasonable, or be immediately replaced by new trees and other vegetation;
(2)
Show, to the satisfaction of the Zoning Administrator, that grading and the percentage of the lot covered by buildings and paving will be reasonably minimized;
(3)
Submit a plan to the Zoning Administrator showing that existing or proposed stormwater collection and conveyance features are adequate for any increase in runoff;
(4)
Regardless of project size, obtain and implement a county-approved grading and stormwater management permit, at the expense of the property owner or developer; and
(5)
Carry out the approved erosion and sediment control plan at the property owner's expense.
C.
New construction on slopes over 30%.
(1)
If natural slopes over 30% are present on a proposed lot, then the applicant shall submit a site plan with any application for either a building permit or zoning permit that shows the locations of all buildings, paved areas, etc., and designates the maximum portions of the lot that will be used for construction of principal buildings. The applicant may be able to avoid some or all of the requirements of this Subsection C by restricting construction to the less steep portions of a lot.
§ 300-38 Stream buffers.
A.
Setback. No new principal buildings, off-street parking, loading area or commercial or industrial outdoor storage area shall be located within 25 feet of the top of the primary bank of any perennial waterway. This setback shall not apply for any stream or portion of stream that flows through an underground water course.
[Amended 6-6-2016 by Ord. No. O2016-03]
B.
No new or expanded paving or stone surface shall be placed within the setbacks established by Oakland's duly adopted Floodplain Ordinance, Ordinance No. O91-01, adopted on November 4, 1991,[1] except for:
C.
Property owners are strongly encouraged, but not required, to maintain the stream buffers in natural vegetation, and to plant new trees in areas without significant existing vegetation. Subdividers are encouraged to establish deed restrictions to limit tree cutting within this buffer.
§ 300-39 Flood-prone areas and wetlands.
§ 300-40 Notification of threatened and endangered species and wetlands.
Federal habitat. The Zoning Administrator shall notify an appropriate federal agency in writing if an application for development is submitted that could affect a site known to the Zoning Administrator to have been identified by a federal agency as a habitat for a federally designated rare, threatened or endangered species.