Worcester County Unincorporated
City Zoning Code
City Zoning Code
Subtitle ZS2
V Standards
§ ZS 2-501 Suitability of land for development.
(a)
Intent. In order to provide for the health, safety and welfare of the present and future population of the County, the Planning Commission shall only approve a proposed subdivision when such subdivision would not bring about the development of land which is unsuitable due to flooding, poorly drained soils, excessive erosive action by water, unstabilized slope or fill, or other conditions which may cause danger to life, health or property or aggravate erosion or flood hazards or when the lands involved would, in its opinion, become unsuitable through the development proposed. Additionally, the Planning Commission shall only approve a proposed subdivision where it finds that such subdivision would bring about the development of land which is not of such high environmental sensitivity that its development would have undue adverse impacts upon tidal or nontidal wetlands, the one-hundred-year floodplain, forest stands, existing significant trees, greenways, areas of critical or special habitat, water bodies on the state's impaired waters list or having an established total maximum daily load requirement, and source water and aquifer recharge protection areas.
(b)
Facilities and services required. The Planning Commission shall only approve a proposed subdivision where it determines that sufficient facilities and services exist or are proposed to meet the needs of either the subdivision or the surrounding area.
(c)
Approval not required. The fact that a subdivision is a permitted use or special exception use in a given zoning district under Title 1, Worcester County Zoning Ordinance, does not require the Planning Commission to approve a subdivision plat, and such approval may be denied pursuant hereto.
§ ZS 2-502 General standards and design requirements.
(a)
Application of standards. The standards and requirements provided herein shall be considered to be the minimum necessary to protect the public health, safety and general welfare. No subdivision of land shall be approved unless it complies with the standards herein or unless a waiver is granted in accordance with the provisions hereof.
(b)
General standards. In order to provide for more efficient use of land, protection of the environment, more livable communities, and consistency with the Comprehensive Plan, the following design standards shall apply:
(1)
All subdivision plats shall first identify key environmental features and then design the development plan in such a manner as to protect and avoid disturbance of these resources. Special consideration shall be given to wetlands, forested areas, existing significant trees, floodplains, source water and aquifer recharge protection areas, areas of critical habitat, water bodies on the state's impaired waters list or having an established total maximum daily load requirement and other important environmental features.
(2)
Lands which are unsuitable for development due to flooding, poorly drained soils, excessive erosive action by water, unstabilized fill or slope or other conditions which may cause danger to life, health or property shall be set aside on the plat for open space or appropriate recreation areas which will not be endangered by such conditions and which do not involve the construction or use of buildings or structures for human occupancy.
(3)
Existing forested and natural areas should be preserved as greenways to the greatest extent feasible within and around developments for environmental and recreational purposes and to blend the man-made and natural environments.
(4)
Where scenic vistas, historic features or similar other assets and landmarks are located within a proposed subdivision, every reasonable means shall be undertaken to preserve these features.
(5)
Residential land uses shall be clustered to the greatest extent feasible to minimize the consumption of vacant land, maximize open space and reduce impervious surfaces.
(6)
The use of culs-de-sac and dead-end streets shall be limited while street, trail and sidewalk connectivity shall be used to reduce vehicle miles traveled and improve community walkability.
(7)
All portions of a tract being subdivided shall be taken up in lots, roads, public or commonly-owned lands or other proposed uses so that remnants shall not be created.
(8)
The provisions set forth in any plans duly adopted by the County Commissioners as provided for in § ZS 1-118(b)(11) hereof shall apply to any subdivision of land, including a minor subdivision, for which any portion of the subdivision falls within the geographical parameters of said plans.
(9)
Any phasing of a subdivision shall be planned in a logical sequence and each phase shall meet all pertinent requirements, either on its own or in conjunction with prior phases.
(c)
Standards for roads. The following standards shall apply to the layout of roads:
(1)
The arrangement, character, extent, grade, width and location of all roads shall be acceptable to the Department of Public Works and approved by the Planning Commission. In making its decision the Planning Commission shall consider the relationship of the proposed roads to existing and planned roads, topographical conditions, public convenience and safety and the proposed uses of the land to be served by such roads.
(2)
Right-of-way.
A.
Unless otherwise prescribed in the Worcester County Development Standards, minor roads shall have a minimum right-of-way width of fifty feet. Collector roads, as determined by the Planning Commission, shall have a right-of-way width of sixty feet, except that the Planning Commission may require a collector road in a commercial or industrial area to have a right-of-way of up to one hundred feet in width.
B.
Where a subdivision is created adjoining an existing County road, lot lines of the subdivision shall be established twenty-five feet from the center of such existing County road, provided that the Planning Commission may, after study and in its discretion, require lot lines to be established more than twenty-five feet from the center of such existing County road in consideration of traffic conditions, adjoining land uses and the public interest. The applicant and/or owner shall dedicate to the County any land lying between such existing County road and the newly established lot lines.
(3)
If other roads are already planned, existing or platted in areas adjacent to the land being subdivided, the proposed road layout of the subdivision shall provide for the continuation of and connection to those other roads, unless the Planning Commission deems the continuation and connection unsuitable for reasons of topography, environmental features or design.
(4)
If a portion of the tract proposed to be subdivided is to be left undeveloped, the road layout of the portion proposed to be subdivided shall provide for suitable connection or extension of its roads to the undeveloped portion of the tract in order to provide appropriate access for the undeveloped portion's potential subdivision or development.
(5)
If a property adjacent to the tract proposed to be subdivided is undeveloped, the road layout of the property proposed to be subdivided shall provide for suitable connection or extension of its roads to the adjacent undeveloped property in order to provide appropriate access for that undeveloped property's potential subdivision or development.
(6)
Layout.
A.
Residential roads shall be laid out to provide connectivity for the local population's use in traveling both within the development and to areas outside of it while also not encouraging their use by inappropriate through traffic whose origins and destinations lie beyond the immediate area.
B.
Layout of roads shall seek to minimize the number of individual access points on collector roads.
C.
Layout of roads shall be designed in such a way as to accommodate bicycle and pedestrian connectivity while minimizing potential points of conflict between motorized vehicles, bicycles and pedestrians.
(7)
Culs-de-sac and dead-end streets.
A.
The use of culs-de-sac or dead-end streets shall be limited. However, where no other alternative is available due to natural features, the unique configuration of the property, or other physical conditions beyond the applicant's control, culs-de-sac and dead-end streets may be used upon the approval of the Planning Commission. Such culs-de-sac and dead-end streets shall be designed in accordance with the Worcester County Development Standards.
B.
Dead-end streets shall terminate in a cul-de-sac or other appropriate vehicular turnaround as approved by the Planning Commission and in accordance with the Worcester County Development Standards.
C.
No cul-de-sac or dead-end street shall exceed seven hundred fifty feet in length. The Planning Commission may waive this requirement where such waiver would serve to minimize environmental impacts to the project as a whole.
D.
No cul-de-sac or dead-end street shall serve more than twenty lots or dwelling units. The Planning Commission may waive this requirement where such waiver would serve to minimize environmental impacts to the project as a whole.
E.
The cul-de-sac or dead-end street shall be laid out to intersect as nearly as possible at right angles to the collector street. Where not intersecting at right angles, such angle shall not be less than eighty degrees.
F.
The minimum length of the tangent section of a cul-de-sac or dead-end street adjacent to its intersection with the collector street shall be fifty feet.
G.
When a cul-de-sac or dead-end street is extended, the area of the temporary turnaround shall be reconstructed by the applicant as necessary to provide a typical roadway section meeting current standards.
(8)
Loop streets shall be permitted, subject to all other provisions of this section and provided that:
A.
The loop street shall be laid out to intersect as nearly as possible at right angles to the collector street. Where not intersecting at right angles, such angle shall not be less than eighty degrees.
B.
The minimum length of the tangent section of a loop street adjacent to its intersection with the collector street shall be fifty feet.
(9)
Design standards.
A.
Road pavement widths, drainage and construction shall adhere to the minimum standards specified in the Worcester County Development Standards, unless otherwise prescribed by the Department of Public Works.
B.
Roads shall be constructed under the supervision of the Department of Public Works and shall be subject to periodic inspection during construction.
(10)
The name of any proposed road shall not be the same as the name of an existing road in the County, except that roads that are extensions of or obviously in alignment with existing roads shall bear the same names as the existing roads.
(d)
Standards for road intersections. The following standards shall apply to the layout of road intersections, subject to Planning Commission waiver or modification in individual cases:
(1)
Intersections involving the junction of more than two roads shall be prohibited.
(2)
Roads shall be laid out to intersect as nearly as possible at right angles, and no road shall intersect another at an angle of less than eighty degrees.
(3)
The corners of the pavement surface at intersections shall be rounded by a radius of at least twenty feet.
(4)
No road intersection right-of-way shall be within five hundred feet of the right-of-way of another road intersection.
(5)
Road jogs with right-of-way lines which are less than five hundred feet apart shall not be made.
(e)
Standards for ingress and egress.
(1)
The Planning Commission shall have the right to approve or disapprove any point of ingress and egress to any lot, tract, parcel or development from any road when the Planning Commission determines that such point of ingress and egress shall cause or contribute to an inadequate level of service, dangerous condition, inadequate sight distance, or other inappropriate condition on the road. Where such point of access is on a road controlled by the Maryland State Highway Administration, all decisions relative to access thereto shall be made in consultation with the State Highway Administration.
(2)
Where a subdivision abuts or contains an existing or proposed major highway, limiting access to such highway and maintaining its levels of service shall be the primary consideration. The Planning Commission shall require internal street designs which limit points of access to the highway, which may include but are not limited to the following:
A.
Streets parallel to the highway, with the lots located between the roads, provided that landscaping which functions as a visual screen in accordance with the provisions of § ZS 1-322(e)(1) hereof is provided in a nonaccess easement along the portion of the lots adjacent to the highway.
B.
Streets parallel to the highway, with a limited number of short dead-end streets having terminal lots backing to the highway, provided that landscaping which functions as a visual screen in accordance with the provisions of § ZS 1-322(e)(1) hereof is provided in a nonaccess easement along the portion of the lots adjacent to the highway.
C.
Such other treatment as may be necessary for adequate protection of properties and motorists and to afford separation of through and local traffic.
(f)
Standards for pedestrian connectivity. Sidewalks or other pedestrian pathways may be required by the Planning Commission adjacent to all roads. They shall be designed to provide pedestrian connectivity within the development and to areas outside of it while minimizing potential points of conflict with motorized vehicles. Sidewalks and other pedestrian pathways shall be surfaced with durable materials and designed to drain appropriately. Except as provided in Subsection (g) hereof, all impervious sidewalks or pathways shall be no more than three feet in width while pervious walkways may be of greater width.
(g)
Standards for bicycle pathways. Bicycle pathways may be required by the Planning Commission adjacent to all roads. They shall be designed to provide connectivity within the development and to areas outside of it while minimizing potential points of conflict with motorized vehicles. Bicycle pathways may be part of the paved road surface where appropriately marked or may be physically separated from the road on their own alignment. Bicycle pathways shall be surfaced with durable materials and designed to drain appropriately. All impervious bicycle pathways shall be no more than six feet in width while pervious bicycle pathways may be of greater width. Bicycle pathways may only be combined with sidewalks and pedestrian pathways in limited situations and only upon the granting of a waiver by the Planning Commission. Combined pedestrian and bicycle pathways shall be a minimum of ten feet in width and shall be appropriately marked.
(h)
Standards for blocks. The following standards shall apply to the layout of blocks:
(1)
Block lengths shall be designed so as to provide adequate internal accessibility to all property but shall not exceed one thousand feet in length.
(2)
Blocks shall be wide enough to allow for two tiers of lots, except where topographic or other conditions make two tiers of lots awkward or impractical.
(i)
Standards for lots. The following standards shall apply to the layout of lots:
(1)
Wherever practical, no new property line shall cross existing zoning lines in order to avoid split zoning of the new lot.
(2)
All lots shall at a minimum conform to the lot requirements established for the proposed use by Title 1, Worcester County Zoning Ordinance, and lot remnants which do not meet those requirements are prohibited.
(3)
Shape of lots.
A.
The arrangement and shape of lots shall provide appropriate sites for buildings and conform to the requirements of this Title. Lots shall provide a buildable area of at least two thousand five hundred square feet in size. Irregularly shaped lots shall be avoided wherever possible.
B.
Side lot lines shall be approximately at right angles or approximately radial to the street line.
(4)
All new lots shall have a minimum of thirty-five feet of frontage on a public or approved private road unless otherwise approved by the Board of Zoning Appeals as a variance pursuant to the provisions of § ZS 1-306(a) of the Worcester County Zoning Ordinance.
(5)
Through lots shall be avoided, except where essential to provide separation of residential development from major streets or to overcome irregular topography.
(6)
Lots or parcels not in conformity with this Title may be resubdivided and redeveloped in whole or part at the option of the owners of all the lots to be resubdivided under the following conditions:
(7)
All land being subdivided must either be included in lots meeting the minimum requirements for their intended use, reserved for future development or be set aside for other appropriate uses of benefit to the subdivision in its entirety, including but not limited to open space, recreational areas, conservation areas, utility facilities, etc. and shall be in accordance with the following:
A.
Where lots or parcels are to be transferred to an owners' association, such organizations shall be created concurrent with recordation of the record plat.
B.
Where transfer (other than the sale of subdivision lots to prospective buyers) is to be to another property owner or entity, satisfactory evidence of agreement to the transaction by all parties shall be submitted prior to record plat approval.
C.
Where transfer of land (other than road right-of-way or utilities facilities) consists of dedication to Worcester County, such dedication shall be subject to the separate, specific approval of the County Commissioners.
(j)
Standards for flag lots. The following standards shall apply to the layout of flag lots:
(1)
No more than twenty percent of all lots within any major subdivision shall be flag lots.
(2)
The minimum width of the flagpole portion of a lot shall be thirty-five feet.
(3)
Where the flagpole portion of a lot is less than the minimum required lot width, that portion of the lot shall not be included in calculating the area of the lot to meet minimum lot area requirements.
(4)
Minimum setbacks for buildings shall be measured exclusive of the flagpole portion of a lot.
(5)
No structure, whether main or accessory, shall be erected nearer to the edge of the flagpole portion of the lot than ten feet.
(6)
The flagpole portion of a lot shall be a fee simple part of the lot.
(7)
Flag lots may share a common driveway with other lots which shall be constructed and stabilized in such a manner as to provide for safe ingress and egress by emergency vehicles. In such case, cross easements shall be provided to guarantee access to all of the lots served by that driveway.
(8)
The record plat shall note each flag lot driveway as "privately owned and privately maintained by the lot owners served."
(k)
Standards for utilities.
(1)
The following standards shall apply to utilities proposed to serve lots in a subdivision:
A.
All utility lines, including but not limited to water, wastewater, gas, electric, telephone and cable television, shall be located underground throughout all subdivisions. All underground utility lines, including service connections to the property line of each platted lot, shall be installed at no expense to the County.
B.
Subject to applicable construction standards as established by resolution of the County Commissioners, utility lines may be located underground within the right-of-way, provided that:
1.
Only water and wastewater lines and crossovers for other utilities may be located within the paved section of the right-of-way.
2.
Electrical and gas utilities shall be located at least ten feet beyond the paved section.
3.
In the case of utility lines in the paved section, all required laterals must be provided upon initial installation of the utility line. This shall not prohibit later installation of laterals upon replatting or changes in service.
4.
No utility structures or other obstructions may be located within fifteen feet of a fire hydrant.
C.
Easements shall be required for proposed drainage and utilities where necessary.
(2)
The applicant shall provide such drainage facilities as may be required by the Department, the Planning Commission or the Department of Public Works in order to provide positive drainage at all points along roads and away from buildings and on-site wastewater disposal systems and to minimize flooding or other hazards. All drainage facilities shall be part of the overall stormwater management plan for the developed area. All stormwater management plans shall be designed and all facilities constructed in accordance with the most recent laws and regulations as required by the State of Maryland. All stormwater management retention or detention ponds shall be on out lots and shall not be included on or as part of a residential lot. Appropriate access and maintenance easements shall be provided along all natural watercourses or drainageways.
(3)
A central or individual water supply system in accordance with State Department of the Environment regulations shall be available or feasible on each developable lot created. Furthermore:
A.
If a new central water system or connection to an existing system is proposed rather than provision of wells on individual lots, the applicant shall present a preliminary engineering analysis showing its engineering and economic feasibility, general type, size and location of facilities such as wells, storage tanks, mains, etc., and details of the operation and maintenance of the proposed system.
B.
In subdivisions with central wastewater disposal systems, the use of individual wells to provide potable water is strongly discouraged.
C.
In subdivisions with central water systems, a fire main system with hydrants or comparable fire protection facilities as required by the Office of the Fire Marshal shall be provided.
D.
In major subdivisions where lots are to be served by individual wells, appropriate fire protection measures may be deemed necessary by the Office of the Fire Marshal and, if so, shall be provided by dry fire hydrants or other methods acceptable to the Office of the Fire Marshal.
(4)
If a central wastewater disposal system is not provided, a proposed subdivision shall not be approved unless every developable lot thereon is capable of supporting an on-lot wastewater disposal system meeting the requirements of the State Department of the Environment regulations. The proposed type and location of the wastewater disposal system on each lot shall be subject to approval by the Environmental Programs Division. A subdivision shall not be approved by the Planning Commission if, in the opinion of the Environmental Programs Division, there are on-site factors inherent in drainage, soil character or other conditions that would tend to produce public health problems if the subdivision were not served with a central wastewater system.
A.
The requirement that every developable lot is capable of supporting an on-lot wastewater disposal system meeting the requirements of the State Department of the Environment shall not be applicable to lots within a rural cluster subdivision or consolidated development rights subdivision. Such lots may be served by remote wastewater disposal areas where permissible by the State Department of the Environment regulations.
(l)
Standards for erosion and sediment control. In addition to complying with state regulations on controlling erosion and limiting sediment transport during the construction process, the applicant shall provide such permanent works as may be required by the Department of Public Works to prevent future erosion or sedimentation of roadside drainage facilities.
(m)
Standards for open space. For all proposed subdivisions and residential developments, local, easily accessible and usable open space shall be provided. Its purpose is to offer recreational opportunities close to home, to enhance the appearance of neighborhoods through preservation of natural green spaces and to counteract the effects of suburban congestion and monotony. The following standards shall apply to open space:
(1)
For single-family minor subdivisions, including rural cluster subdivisions, and single-family major subdivisions or two-family dwelling subdivisions of twenty or fewer lots other than as provided in Subsection (m)(3) hereof, including consolidated development rights subdivisions, no open space shall be required.
(2)
For two-family and multi-family development of twenty or fewer dwelling units, open space shall be provided in accordance with § ZS 1-312(b)(2) hereof.
(3)
For single-family cluster subdivisions, of twenty or fewer lots, a minimum of fifty percent of the land area shall be retained in permanent open space.
(4)
For townhouse developments of twenty or fewer dwelling units, open space shall be provided in accordance with § ZS 1-313(b)(8) hereof.
(5)
For any subdivision, multi-family or townhouse development creating greater than twenty residential units, open space shall be provided in accordance with § ZS 1-315(d)(2)B hereof.
(6)
All open space shall be on out lots and in accordance with the following provisions:
A.
Open space shall be limited to areas for recreation or the growing of trees, vegetable, field or nursery crops or for purposes of conservation of natural resources. Open space shall not include utility and other service areas, roads, and off-street parking and loading areas, except underground utility areas. Where possible, those areas contained in the one-hundred-year floodplain should be dedicated as open space. Within such open space, recreational areas shall be provided for active and passive recreation, including games, sports, social gatherings, etc. Recreational areas shall be limited to public and private noncommercial social and recreational areas, public and private (commercial and noncommercial) golf courses, private (noncommercial) marinas and playgrounds but shall otherwise be free of residential, service, business or industrial structures and uses. Such recreational areas shall consist of contiguous lands not containing any wetlands, tidal or nontidal, and be of sufficient configuration as determined by the Department or the Planning Commission that they can suitably function for the purposes stated herein. All recreational areas shall be separated from any adjacent vehicular travelway or parking area by a vegetated or man-made barrier. Proposed recreational areas must be specified on the subdivision plat or site plan for review and approval by the Planning Commission.
B.
A minimum of fifty percent of the required open space must be retained in its natural state and not used to satisfy the requirements for passive or active recreation. No more than fifty percent of this area may be private wetlands.
C.
Active and passive recreational areas are to be readily accessible to all residents of the development.
D.
Open space used for other than conservation shall be appropriately maintained. The applicant shall provide copies of deeds, deed covenants or open space easements to the Planning Commission describing land management practices and responsibilities (including collection of fees where appropriate) to be followed by whichever party is responsible for maintenance. Where required by the Planning Commission, a homeowners' association shall be established for the purpose of permanently maintaining all open space. Agreements concerning such homeowners' association agreements shall guarantee continuing maintenance of all open space, shall be submitted to the County prior to the issuance of any building permits and are subject to the approval of the County Attorney for legal sufficiency, as are any subsequent changes or modifications. Copies of all such recorded documents shall be provided by the applicant to the Department upon recording. The agreements and covenants shall contain a provision for maintenance of such open space by the County Commissioners at their option where the responsible party fails to properly maintain such open space. Any funds expended for such maintenance by the County Commissioners shall be assessed pro rata against benefitted lot or dwelling unit owners and shall be a lien and collectable in the same manner as real estate taxes.
E.
Further subdivision of open space or its use for other than active or passive noncommercial recreation, conservation or agriculture (except for easements for underground utilities) shall be prohibited. This restriction shall be included on the record plat or approved site plan as well as recorded in a open space easement. Structures and buildings accessory to active or passive noncommercial recreation, conservation or agriculture may be erected on open space, subject to the provisions of § ZS 1-325 hereof.
(7)
The Planning Commission may grant waivers to this subsection where it determines that conditions exist such that the full provisions for open space as required by this subsection are otherwise satisfied. The Planning Commission shall consider proximity to public open spaces, lot size and other appropriate factors.
(n)
Standards for public dedications. The following standards shall apply to public dedications proposed in conjunction with a subdivision:
(1)
In subdividing property, consideration shall be given to suitable sites for parks, schools, roads and other areas of public use as contained in the Comprehensive Plan. If sites for parks, schools or other public facilities are to be offered for dedication, it shall be indicated on the preliminary plat along with a determination as to when and in what manner such sites will be dedicated to, reserved for or acquired by the governing body for that use. When such sites are offered for dedication, a formal statement of offer shall be included on any record plat. Recording of the record plat containing such a formal statement shall not be deemed to constitute or effect an acceptance by the County of the dedication of any site, road, park or other improvement or amenity shown on such plat, but improvements so noted for dedication may be accepted by the County through a subsequent appropriate act. Any such offer of dedication may not be withdrawn without the consent of the County Commissioners. This regulation shall not be construed to preclude the dedication of property for public use not included in the Comprehensive Plan, provided that such property is accepted by the County for dedication and maintenance.
(2)
Road right-of-way additions.
A.
Where the Comprehensive Plan indicates a proposed right-of-way greater than that existing along the boundaries of a subdivision or lot, the additional right-of-way shall be dedicated for public use when the plat is recorded.
B.
When a new subdivision abuts one side of an existing or platted road or street, the applicant shall be required to dedicate at least half the right-of-way necessary to make the street comply with the minimum right-of-way width prescribed by this Title.
(o)
Standards for landscaping. Landscaping shall be required in all subdivisions in accordance with the provisions of § ZS 1-322 hereof. In addition, sufficient landscaping shall be provided and maintained to create a pleasant visual appearance, to visually screen undesirable features and to control erosion.
(p)
Standards applying in floodplain areas. The provisions of the Worcester County Floodplain Management Law[1] shall govern. The following standards shall also apply:
(1)
Where property proposed for subdivision contains areas both within and outside of the boundary of the one-hundred-year floodplain, those areas contained within the one-hundred-year floodplain should be dedicated as open space or recreational areas.
(2)
Where property proposed for subdivision lies wholly within the one-hundred-year floodplain, it may be platted for development with the provision that the applicant construct all buildings and structures to preclude flood damage in accordance with this and any other laws and ordinances regulating such development.
(3)
No subdivision or part thereof shall be approved if the proposed development and/or improvements will, individually or collectively, substantially increase the water surface elevations in a floodway.
(4)
If the Planning Commission determines that only a part of a proposed plat can be safely developed, it shall limit development to that part and shall require that development proceed consistent with this determination.
(5)
Proposed road elevations shall be shown on the construction plans. Roads providing access to any lots within the subdivision shall be located above the base flood elevation and shall not be submerged during the one-hundred-year flood event to the extent that it would impede adequate ingress and egress for those lots served by such road. Roads below the base flood elevation may be approved where an alternative means of vehicular access, which would not be submerged during the one-hundred-year flood event, is provided for all lots served by that road. This provision may be waived by the Planning Commission at its discretion.
(6)
Where the Planning Commission determines that additional controls are required to ensure safe development, it may require the applicant to impose appropriate deed restrictions which shall be inserted in every deed and noted on the record plat.
[1]
Editor's Note: See § BR-2-301 et seq. of the Building Regulations Article of the Code of Public Local Laws of Worcester County, Maryland.
§ ZS 2-503 Required improvements for major subdivisions.
(a)
Generally. The purpose of this section is to establish and define the improvements which will be required to be constructed or guaranteed by the applicant as provided herein as a condition for record plat signature by the Planning Commission. All construction shall be completed in accordance with the specific conditions of the approved final plat and the approved drawings and specifications thereof and in a manner acceptable to the Planning Commission.
(b)
Changes from accepted drawings and specifications. If, during construction, changes from the accepted drawings and specifications should become necessary, written approval from the Department shall be obtained prior to executing such changes.
(c)
Roads. The applicant shall design and construct all roads in accordance with the County roads specifications.
(d)
Road signs. At every intersection the applicant shall erect a road sign having thereon the names of the intersecting roads. At the intersections where roads cross, there shall be at least two such road signs. The location, design and manner of construction shall be in accordance with the County roads specifications or practices.
(e)
Other improvements. The applicant shall construct all stormwater management facilities, central water and wastewater systems, including service to each developable lot, sediment and erosion control devices and such other facilities, including recreation areas, as were specified in the approved construction plans and in accordance with the accepted drawings and specifications thereof.
(f)
Required monuments. Survey monumentation shall be required for all subdivisions as defined in § 3-108 of the Real Property Article of the Annotated Code of Maryland (1981), as from time to time amended, and as specified herein.
(1)
General property monuments shall be placed at all lot corners and exterior subdivision boundaries which are otherwise not monumented. General property monuments shall be metal or concrete, shall be a minimum of eighteen inches in length and shall be set by a qualified surveyor approximately flush with final grade.
(2)
In addition to other monuments as may be required by law, two concrete or stone survey monuments as approved by the Department shall be placed at each road intersection and one on each side of each road at road angle points and at the beginning and end of curves. At least three feet of the monument shall be underground. All monuments shall be finally placed in the ground after final grading is completed at a time specified by the Department of Public Works.
(3)
Control monuments shall be designated by, set by and located as determined by the professional land surveyor or property line surveyor and shall be accessible by right-of-way or an easement with a minimum width of ten feet.
A.
Control monuments shall be shown on the record plat and must be referenced by bearing and distance to known points.
B.
At least one control monument, or more as may be required by the Planning Commission, shall show its elevation in feet with reference to a known control point as approved by the Planning Commission and shall be designated on the plat.
C.
For each phase within the subdivision, there shall be no fewer than two control monuments established which shall be visible to one another.
D.
Existing monuments may be designated as control monuments if suitably durable.
E.
Control monuments shall be of stone, concrete or any suitable permanent material, have a minimum length of thirty-six inches, have a top surface area of no less than nine square inches, have a centering point which shall not exceed two-hundredths of a foot in breadth and shall be anchored or bedded in concrete or earth to prevent movement and set approximately flush with finish grade.
(4)
Financial security for all monument installation shall be required and may be included with the securities for other required improvements. Security for monuments shall be released only upon written certification of the professional land surveyor that the monuments are installed in accordance with the provisions of this Title. In lieu of security, monuments may be set prior to recordation of the plat and be so certified by the surveyor. The amount of security shall be established by the Department and shall be based upon a written cost estimate provided by the surveyor.
(g)
Other site improvements. The Planning Commission may, in appropriate cases as policy dictates, require the applicant of a major subdivision to install lighting, solid waste collection sites, signs, entrances, landscaping, or shoreline stabilization or to reconstruct existing roads serving the subdivision, as well as roads damaged by construction. Such improvements shall be in accordance with Title 1, Worcester County Zoning Ordinance, and written policy developed by the Planning Commission and approved by the County Commissioners on such matters.
(h)
Maintenance. Adequate provisions for the satisfactory maintenance and operation of all roads, drainage facilities, central water and wastewater systems, recreation areas, sediment and erosion control devices, stormwater management facilities and all other site improvements and facilities, until takeover by a homeowners' association or other responsible party or by the County Commissioners, shall be made by the applicant by means acceptable to the County Commissioners.
§ ZS 2-504 Improvement guaranties for major subdivisions.
(a)
Construction or contract. Before the Planning Commission shall sign any record plat of any major subdivision for recordation:
(1)
Required improvements shall be completed, inspected and accepted by the Department, Department of Public Works, Environmental Programs Division and other proper authority as designated by the County Commissioners; or
(2)
The applicant shall enter into a written contract with the County in the manner and form set forth by the County Attorney wherein he shall agree:
A.
To construct or cause to be constructed, at his own expense and within the times prescribed by the County Commissioners, all required improvements shown on the construction plans and/or final plat and the approved drawings and specifications thereof and in strict accordance with the standards and specifications of the County.
B.
To maintain, at his own cost, such required improvements until the same are accepted by the County or transferred to a homeowners' association.
C.
To obtain the easements and releases required when any road, drainage facility or other improvement abuts or traverses land of persons other than the person holding legal title to the lands of the subdivision, at his own cost, and to obtain from the owner of the lands so abutted or traversed full release from all damages which may accrue due to the construction of such improvements. Such releases shall inure to the benefit not only of the applicant but also to the County.
D.
Execute such deeds or releases as the County Commissioners may require for such improvements.
(b)
Guaranty. In order to assure the County that the required improvements will be constructed and installed as required and in accordance with the approved construction plans and/or final plat and that such improvements will be maintained until accepted by the County or transferred to a homeowners' association, the applicant shall furnish to the County escrow money, cash, corporate surety bond, bank deposit or letter of credit as shall be acceptable to the County in the amount of one hundred twenty-five percent of the actual cost of construction and maintenance of such improvements. The estimate of such costs shall be prepared by an engineer, surveyor or contractor qualified to do so. The guaranty and cost estimates shall be approved by the Department, Department of Public Works or other appropriate official. This improvement guaranty shall be conditioned upon the faithful performance by the applicant of the terms of the contract required under this section. If a portion of the required improvements shall have been constructed by the applicant and approval thereof obtained prior to the signing of the record plat, the guaranty shall be reduced to only that amount necessary to cover the costs of constructing the remaining required improvements and maintaining both those constructed and those guaranteed.
§ ZS 2-505 Acceptance of improvements by County for major subdivisions.
(a)
Procedure to request acceptance. Prior to the acceptance of any roads or site improvements by the County, this procedure shall be followed:
(1)
The applicant shall notify the Department of the completion of the required improvements.
(2)
The Department, Department of Public Works or other appropriate official shall inspect the completed improvements and submit, in writing, a report to the applicant specifying those items of construction, materials and workmanship, if any, which do not comply with the County specifications or the approved construction plans and/or final plat.
(3)
The applicant, upon notification from the appropriate official, shall proceed, at his own cost, to make such corrections as shall be required to comply with the County specifications and approved construction plans and/or final plat and notify the Department upon completion requesting final inspection.
(4)
The Department, Department of Public Works or other appropriate official shall make a final inspection with the applicant of all required improvements.
(5)
Upon giving the applicant final approval, the Department, Department of Public Works or other appropriate official shall promptly submit a written report to the County Commissioners indicating that the required improvements have been provided in such a manner as to comply with all specifications and laws of the County.
(b)
Acceptance by County. If the County Commissioners are satisfied that the applicant has complied fully with the applicable specifications and ordinances, they may notify the applicant of the acceptance of the required improvements. The County Commissioners may thereupon release any bond or security posted for such performance. The County Commissioners shall not be required to accept any road, park, utility or other improvement for County maintenance even though such improvement may meet all County specifications and ordinances.