[Amended 2-15-1978 by Bill No. 1978-6; 10-13-1989 by Bill No. 1989-14]
A.
Under the authority contained in Article 25A of the
Annotated Code of Maryland and amendments thereto, the Charter for
Wicomico County and other applicable laws of the state, the following
rules and regulations governing the subdivision of land in Wicomico
County are hereby established for all areas of Wicomico County outside
the limits of incorporated towns and cities and all other areas of
said Wicomico County in which the Wicomico County Planning and Zoning
Commission and/or the County Council now or hereafter exercises planning,
zoning and subdivision authority.
[Amended 10-17-2006 by Bill No. 2006-11]
B.
These procedures provide for the proper arrangement
of lots, streets, open spaces, utilities, recreation, light and air,
minimum width and area of lots, the location, design and improvements
required for streets and subdivisions and the location and size of
water, sewer and other utility mains, piping or other public facilities
which shall be installed in any subdivision or which shall be necessary
to serve any subdivision.
C.
These procedures may also be made applicable within
the corporate limits of any municipality, provided that an agreement
between Wicomico County and the municipality has first been executed.
[Amended 10-13-1989 by Bill No. 1989-14]
A.
It is the legislative intent of these regulations
to establish standards and procedures governing the subdivision and
resubdivision of land within Wicomico County, in order to promote
the public health, safety and general welfare of existing and future
County residents.
B.
The provisions of this chapter are intended to regulate
the division of land in such a manner as to minimize the impact of
development on the general public in accordance with the following:
(1)
To provide for the harmonious and orderly development
of Wicomico County in accordance with the policies of the County Council
and the general principles set forth in the adopted Comprehensive
Plan or any adopted special area plans.
[Amended 10-17-2006 by Bill No. 2006-11]
(2)
To promote the logical, orderly and appropriate development
of land consistent with the natural and fiscal resources of the County.
(3)
To coordinate existing streets and roads with proposed
streets and roads, and to ensure the adequate design and proper capacity
of all existing and proposed streets and roads.
(4)
To ensure adequate on-site open spaces for buildings,
recreation, light and air.
(5)
To ensure that sites hereafter created are suitable
for building and development purposes or other appropriate uses in
accordance with all County regulations and policies.
(6)
To facilitate the adequate provision of land areas
or easements for streets, highways, roads and other transportation
facilities, waterlines, sewer lines, schools, drainage areas, parks
and open spaces and other public facilities.
(7)
To protect the adequacy and capacity of existing and
planned schools, parks, roads, natural drainageways and other public
facilities necessary to serve development.
[Amended 8-16-1960 by Ord. No. 11A; 2-15-1978 by Bill No.
1978-6; 6-13-1990 by Bill No. 1990-9]
These regulations, except as specifically set
forth below, shall not apply to the following types of subdivisions:
A.
Minor subdivisions of three lots or fewer.
[Amended 6-22-1998 by Bill No. 1998-6; 10-1-2002 by Bill No.
2002-15]
(1)
The one-time creation of up to three lots from any
tract of land in existence as of July 9, 1957, or April 1, 1968, whichever
may apply, provided that:
(b)
Each lot served by individual on-site water and sewer shall have frontage abutting a publicly maintained road as may be required by this chapter, Chapter 225 or other applicable regulations.
(c)
Each lot served by a community water and sewer system shall have frontage abutting a publicly maintained road and lot widths as may be required by this chapter, Chapter 225 or other applicable regulations.
(d)
No remnant parcel of less than 20 acres is remaining
from the tract being subdivided.
(e)
Lots on cul-de-sac streets. All lots on a turnaround where served by either private on-site systems or community water and sewer systems shall have a minimum frontage and lot width as required by this chapter, Chapter 225 or other applicable regulations.
(g)
All said minor subdivisions shall be shown on
a plat prepared by a surveyor duly licensed by the State of Maryland.
(h)
All such plats shall be approved by the Director
of Public Works and County Health Department and shall comply with
all other requirements of this chapter as may be required by the Director
of the Department of Public Works. County Health Department approval
shall not be required for lots that are not for development purposes.
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(1.1)
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Minor subdivisions - future street extentions.
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(a)
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At the time of subdivision to create the second
lot of a minor subdivision, a single future street extension shall
be provided adjacent to one or both lots for access from the public
road to the balance of the subdivided parcel for future cluster or
other subdivision.
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(b)
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In order not to give the physical appearance
of a corner lot, these street rights-of-way need not be cleared and
the streets need not be constructed until needed for access to future
subdivided lots.
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(c)
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The plat will clearly indicate that these streets
shall be for future access to adjoining properties and shall be constructed
by the subdivider of the adjoining property at the time of development
of that property.
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(d)
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At no time shall the County be responsible for
the construction of these street extensions. No such future streets
shall be maintained by the County until such time as the streets are
constructed by the subdivider and accepted into the County road system.
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(e)
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Direct driveway access to the future street
extension shall be provided for any lots adjoining such future street
extensions and shall be a means of access to the abutting public street.
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(f)
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All lots directly abutting any such extensions
shall be considered as corner lots.
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(g)
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The requirement of a future street extension
may be waived with the joint approval of the Director of the Department
of Public Works and the Director of the Department of Planning, Zoning
and Community Development upon determining that, due to the particular
characteristics of the property, there is no need for future access
to the remaining property.
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(2)
Only three lots of the type described herein shall
be permitted out of any one tract, and, further, subdivision of said
tract shall be subject to all procedures and regulations set forth
in this chapter.
(3)
Either the Director of Public Works or an applicant
shall have the right to request that any proposed minor subdivision
be processed by the Planning Commission under the provisions of this
chapter.
(4)
Once approved, all minor subdivision plats shall be
filed in the land records of Wicomico County by the Director of Public
Works.
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A.1.
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Density requirements of the County Comprehensive
Plan adopted February 3, 1998, are waived to the extent necessary
to preserve the three-lot minor subdivision right for such parcels.
[Added 6-22-1998 by Bill No. 1998-6; amended 10-1-2002 by Bill No.
2002-15] |
B.
The sale or exchange of parcels of land between owners
of adjoining properties, provided that additional lots are not thereby
created and that the lots remaining after such sale or exchange are
not reduced below the minimum sizes or dimensions required by this
chapter or other applicable regulations, provided that a plat showing
all such changes shall be prepared and submitted to the Director of
Public Works for approval and recordation.
C.
The transfer of unsubdivided land or a lot or parcel
of land legally established by deed or plat recorded among the land
records of Wicomico County prior to the effective date of this chapter.
D.
The division or sale of land by judicial decree or
governmental action.
E.
A division or partition of agricultural land in parcels
of 20 acres or more not for development purposes, provided that all
parcels thereby created shall have frontage of 100 feet on a publicly
maintained road or street, except that parcels with frontages of less
than 100 feet shall only be approved by the Planning Commission.
[Amended 2-14-1994 by Bill No. 1994-5]
F.
Subdivision of single parcel containing nonconforming
residential dwellings.
[Added 2-25-1999 by Bill No. 1999-4]
(1)
The one-time creation of two lots from a parcel of
land containing nonconforming residential dwellings in existence prior
to January 1, 1999, provided that:
(a)
The sole purpose of the subdivision is to place
each nonconforming residential dwelling on a separate lot; and
(b)
Strict adherence to the regulations set forth
in this chapter would prohibit the subdivision; and
(c)
The proposed subdivision complies to the maximum
extent possible with the applicable subdivision regulations; and
(d)
A plat of the proposed subdivision is submitted
to and approved by the Planning Commission. The Planning Commission
may modify the requirements of this chapter, to the extent necessary
to permit approval, upon a determination of compliance with the provisions
of this subsection.
(2)
Once approved, a subdivision plat shall be filed in
the land records of Wicomico County by the Director of the Department
of Public Works. The plat shall:
[Amended 1-2-1990 by Bill No. 1989-20; 10-16-2012 by Bill No. 2012-10]
A.
Within
these regulations, the term "subdivision" shall mean the division
of a lot, tract or parcel of land into two or more lots, plats, sites
or other divisions of land for the purpose, whether immediate or future,
of sale for any purposes or of building development. It includes any
proposed development of a new street or the resubdivision or alteration
of any existing plat of record. When appropriate to the context, it
shall also apply to the process of subdividing a parcel or to the
land so subdivided. Any owner of land within these areas wishing to
subdivide land shall submit to the aforesaid Wicomico County Planning
and Zoning Commission, hereinafter referred to as the "Planning Commission,"
a plat of the subdivision which:
B.
The term “minor subdivision” shall mean any subdivision that may contain up to seven or fewer lots, plats, sites or other division of land to be served by individual on-site sewage disposal systems. Minor subdivisions other than those excluded in § 200-3A shall be subject to all set aside requirements.
