[HISTORY: Adopted by the Town Council of the Town of Denton 5-6-2021 by Ord. No. 716.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 73,
Land Subdivision, adopted 9-13-2010 by Ord. No. 612, as amended.
A.Â
Title. This chapter shall be known, referred to, and cited as the
"Land Subdivision Ordinance of Denton, Maryland."
B.Â
Applicability. This chapter shall apply to the incorporated territory
of Denton, Maryland. The regulations contained herein are adopted
under the authority of the Land Use Article, Annotated Code of Maryland,
as amended. They shall be in addition to any regulations pertaining
to land subdivision promulgated by the State Department of Health
or other agency of the State of Maryland. In the case of any conflict,
stricter regulation shall prevail.
This chapter has been established to guide and accomplish the
coordinated and harmonious development of the Town of Denton, Maryland,
and its environs, to promote, in accordance with present and future
needs, the health, safety, morals, order, convenience, prosperity,
and general welfare of the citizens of the Town. In the accomplishment
of this purpose, the regulations as herein established provide for,
among other things, efficiency and economy in the process of development;
the proper arrangement of streets, in relation to each other and to
the existing and planned streets and other features of the Comprehensive
Plan of the Town; adequate open spaces for recreation, light, and
air; convenient distribution of population and traffic; adequate provision
for public utilities and other public facilities; and other requirements
for land subdivision which will tend to create conditions favorable
to the health, safety, convenience and prosperity of the citizens
of Denton, Maryland, and its environs.
A.Â
General rules of construction. The following general rules of construction
shall apply to the regulations of this chapter:
(1)Â
The singular number includes the plural and the plural the singular
unless the context indicates the contrary.
(2)Â
Words used in the present tense include the past and future tenses
and the future the present.
(3)Â
The word "shall" is always mandatory; the word "may" is permissive.
(4)Â
The word "public" means "open to common use," whether or not public
ownership is involved.
(5)Â
Words and terms not defined herein shall be interpreted according
to their normal dictionary meaning, the customary usage.
B.Â
ADEQUATE PUBLIC FACILITIES
ADMINISTRATIVE SUBDIVISION
ALLEY
ARTERIAL ROAD (PRINCIPAL AND MINOR)
BONDING
BUILDING LINE [also known as BUILDING RESTRICTION LINE (BRL)]
COLLECTOR STREET
CONCEPT PLAN (also known as SKETCH PLAN)
CORNER LOT
CRITICAL AREA COMMISSION
CROSSWALKWAY
CUL-DE-SAC
DEDICATION
DIRECTOR OF PLANNING
DOUBLE FRONTAGE
EASEMENT
ENGINEER
EXISTING LOT
FINAL PLAT
FLAG LOT
GEOGRAPHIC INFORMATION SYSTEM (GIS)
GREENWAY
GROWTH ALLOCATION
HEALTH OFFICER
IMPROVEMENT PLANS
IMPROVEMENTS
LOCAL ACCESS STREET
LOT
LOT AREA
LOT DEPTH
LOT LINE
LOT WIDTH
MAJOR COLLECTOR
MINOR COLLECTOR
PARCEL
PLANNED RESIDENTIAL DEVELOPMENT (PRD)
PLANNED UNIT DEVELOPMENT (PUD)
PLANNING COMMISSION
PLANNING STAFF
PLAT
PLOT
PRELIMINARY PLAT
REGULATIONS
RESULTING LOT
RIGHT-OF-WAY
ROADWAY
SERVICE DRIVE or SERVICE ROAD
STREET
STREET LINE
SUBDIVIDER
SUBDIVISION
SUBDIVISION, ARCHITECTURALLY INTEGRATED OR CLUSTER
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
TECHNICAL ADVISORY COMMITTEE (TAC)
UTILITY EASEMENT
Definitions. For this chapter, certain terms and words are hereby
defined:
Infrastructure and services provided by the government sufficient
to meet the current and projected need.
The replatting, redefining, or reboundarying of two or more
existing lots, tracts, or parcels that does not result in any additional
lots.
A narrow public thoroughfare, not exceeding 18 feet in width,
which provides a secondary means of vehicular access to abutting properties,
and which is not intended for general circulation.
A state road that is a moderate- or high-capacity through
route providing direct service between Maryland Eastern Shore cities
and towns.
The act of providing a financial surety instrument, e.g.,
a bond, to cover the cost of the construction or installation of infrastructure
and other required improvements in the event of a default.
A line within a lot, so designated on a plat of subdivision,
between which line and the street line of any abutting street no building
or structure may be erected.
A street that is intended to collect traffic from the minor
streets within a neighborhood, or a portion thereof, and distribute
such traffic to arterial roads and provide access to properties abutting
thereon.
A sketch of the property, drawn to an appropriate scale,
showing the boundaries, general topography, important physical features,
and other significant information, as well as the proposed scheme
for development of the property, including the proposed street and
lot locations, areas to be reserved for public use, and proposed improvements.
A lot contiguous to two intersecting streets and having access
to both streets.
Critical Area Commission for the Chesapeake and Atlantic
Coastal Bays.
A public way, intended for pedestrian use and excluding motor
vehicles, which cuts across a block to furnish improved access to
adjacent streets or properties.
A minor street having but one end open for vehicular traffic
and with the other end permanently terminated by a turnaround or backaround
for vehicles.
The deliberate setting aside or appropriation of land by
its owner for any general and public uses, reserving to the owner
no other rights than are compatible with the full exercise and enjoyment
of the public uses to which the property has been devoted.
The Denton Director of Planning and Codes Administration.
A lot with frontage on two nonintersecting streets.
An area of land for which the owner grants a right of use
to someone else for one or more designated purposes, which purposes
are consistent with the owner's general property rights.
The Engineer of the Town of Denton.
A lot of record which exists at the time the application
for administrative subdivision is filed.
A plan or map prepared per the provisions of this regulation
and those of any other applicable local regulation and is prepared
to be placed on record in the office of the Clerk of the Circuit Court
of Caroline County.
The shape of a property, where access to a road is provided
along the long, narrow "flagpole," and the usable land itself is the
rectangular "flag" at the end of the pole. A "flagpole" shall have
a minimum width of 50 feet.
A system that captures, integrates, stores, analyzes, manages,
and displays data linked to location and merges cartography, statistical
analysis, and database technology.
A long, narrow piece of land that is often used for recreation
and pedestrian and bicycle traffic.
The number of acres of land in the Critical Area that the
Town of Denton may use, or the county may allocate to municipal jurisdictions
to create new Intensely Developed Areas and new Limited Development
Areas. The growth allocation acreage is 5% of the total Resource Conservation
Area acreage in Denton at the time the Critical Area Commission approved
Denton's original Critical Area Program, not including tidal
wetlands, plus additional acres included from the county's calculated
amount 5% of Resource Conservation Area that existed when the Critical
Area Commission approved Caroline County's original Critical
Area Program (that the Town may request, and the county may allocate).
The Health Officer of Caroline County.
Construction plans of the required improvements.
Those physical additions, installations, and changes, such
as streets, curbs, sidewalks, water mains, sewers, drainage facilities,
public utilities, and other appropriate items required to render land
suitable for the use proposed.
A street that is primarily used to gain access to the property
bordering it.
A portion of a subdivision or other parcel of land intended
for building development, whether immediate or future, and having
access to a street. Also used interchangeably with "plot."
The total horizontal area within the lot lines of the lot.
The horizontal distance between the front and rear building
lot lines.
The boundary line of the lot.
The horizontal distance between the side lot lines measured
at the required front and rear building setback lines.
Relatively low-speed, low-volume street that provides circulation
within and between neighborhoods and is intended for collecting trips
from local access streets.
Relatively low-speed, lower-volume-than-major-collector street
that provides circulation within and between neighborhoods and is
intended for collecting trips from local access streets.
Used interchangeably with "lot," although a parcel may include
more than one lot. Also used interchangeably with "plot."
A development constructed on a tract of at least five acres under single ownership planned and developed as an integral unit and consisting of single-family detached residences combined with either duplex, townhouse, or multifamily residences, or all the above, all developed under Chapter 128, Article XIII (Density and Dimensional Regulations).
Development of a mixture of commercial and residential units
based on a unified master plan on a single site or adjoining sites
under a single entity's control.
The Denton Planning Commission.
Members of the Town of Denton Department of Planning and
Codes Administration.
A plan or map of a piece of land.
Used interchangeably with "lot."
A map made to show the design of a proposed subdivision and
the existing conditions in and around it.
The whole body of regulations, text, charts, diagrams, notations,
and references contained or referred to in this chapter.
A lot which will exist if the application for administrative
subdivision is approved.
A strip of land designated for the use of a road, highway,
driveway, alley or walkway, or any drainage or public utility purpose
or other similar uses.
That portion of a street or highway available and intended
for use by motor vehicle traffic.
A minor street, also called a "frontage road," is a local
access street running parallel to and adjacent to an arterial road
or major collector that provides access to abutting properties and
restricts access to the arterial or major collector road.
A public or private thoroughfare that affords the principal
means of access to abutting properties, whether designated as a freeway,
expressway, highway, road, avenue, boulevard, lane, place, circle,
or however otherwise designated.
A dividing line separating a lot, tract, or parcel of land
and an adjacent street, and referred to as a "right-of-way line."
Any person, individual, contract purchaser (option holder),
firm, partnership, association, corporation, limited liability company,
estate, trust, or any other group or combination, acting as a unit,
dividing, or proposing to divide land to constitute a subdivision
as defined herein, and including any agent of the subdivider.
The division of any tract or parcel of land into two or more
plots, parcels, lots, or sites for the purpose, whether immediate
or future, of transfer of ownership or building development. The term
shall include resubdivision and, where appropriate to the context,
shall relate to the process of subdividing or to the land subdivided.
A subdivision in which approval is obtained not only for the division of land into lots but also for a configuration of principal buildings to be located on such lots. The plans for an architecturally integrated or clustered subdivision shall show the dimensions, height, and location of all such buildings to the extent necessary to comply with the purpose and intent of architecturally integrated or clustered subdivisions as outlined in Chapter 128, Zoning.
Any subdivision other than a minor subdivision.
A subdivision that does not involve any of the following:
the creation of more than three lots; the creation of any new public
streets; the extension of a public water or sewer system; or the installation
of stormwater management improvements through one or more lots to
serve one or more other lots.
A team of Town staff members, no more than two Planning Commission
members and Town professionals for the explicit reason of reviewing
proposed plan submittals.
A utility company's right to access and control the
portion of another person's land near utility facilities and
structures (i.e., utility poles, transformers, overhead or underground
electrical lines).
A.Â
Subdivider must prepare and record a plat. From and after the effective
date of this chapter, any owner, agent, or proprietor of any tract
of land located within the Town of Denton to which these regulations
shall apply, who subdivides such land into lots, blocks, streets,
alleys, public ways, or public grounds, shall cause a plat of such
subdivision to be made per the regulations set forth herein and the
laws of the State of Maryland, and shall cause a copy of the said
plat to be recorded in the office of the Clerk of the Circuit Court.
B.Â
Approval of plat required. The Clerk of the Circuit Court shall record
no plat of subdivision unless it has been approved by the Planning
Commission or the Director of Planning as provided herein. The Planning
Commission or the Director of Planning shall not approve the said
plat unless and until the plat satisfactorily complies with these
regulations' requirements.
C.Â
Transfer of land; building permits. No parcel of land in a subdivision
created after the effective date of this chapter shall be transferred,
sold, or offered for sale, nor shall a building permit be issued for
any structure thereon, until a plat of subdivision shall have been
recorded with the Clerk of the Circuit Court per these regulations
and the laws of the State of Maryland. Any person who violates this
provision shall be subject to the penalties contained herein.
D.Â
Requirements for plat preparation. In the preparation of a plat of subdivision, the subdivider shall comply with the general principles of design and minimum requirements for the layout of subdivisions as outlined in § 73-6, and with the rules and regulations concerning required improvements as outlined in § 73-8 and the standards and specifications for improvements as adopted by the Town Council, and in every case, the preparation of such plat shall be in accordance with the procedure of § 73-5.
E.Â
Delegation of power of approval.
(1)Â
The Director of Planning is authorized to approve administrative
and minor subdivisions.
(2)Â
The Director of Planning to whom the authority is granted per this
section may approve a final plat and shall have those powers conferred
on the Planning Commission by this chapter which are necessary to
exercise such authority. Concerning any subdivision the Director of
Planning is authorized to approve, the words "Planning Commission"
in other sections of this chapter shall be construed to mean Director
of Planning.
A.Â
Preliminary conference.
(1)Â
Before undertaking the preparation of a subdivision plat, the subdivider
may prepare and submit a concept plan of the property in question,
drawn to an appropriate scale, showing the boundaries, general topography,
important physical features, and other significant information, as
well as the proposed scheme for development of the property, including
the proposed street and lot locations, areas to be reserved for public
use, and proposed improvements. The subdivider shall provide the Planning
Commission with 12 copies of the concept plan.
(2)Â
The subdivider may then consult with the Planning Commission and/or
its staff to ascertain the location of proposed major streets, highways,
open space, parks, playgrounds, school sites, and any other planned
public improvements, and to determine the zoning regulations and other
requirements relating to, affecting, or applying to the proposed subdivision.
The subdivider may also consult with the Engineer, the Health Officer,
and others, including but not limited to the Denton Volunteer Fire
Department, Emergency Management Services, on the proposed street
layout and the proposed facilities for sanitary sewage disposal, stormwater
management, and water supply to serve the proposed subdivision. Large
subdivisions may require consultation with the Technical Advisory
Committee. The purpose of the Technical Advisory Committee is to assist
the subdivider by furnishing information and advice to expedite matters
for the subdivider, save him unnecessary expense, and promote the
best coordination between the plans of the subdivider and those of
the Town.
(3)Â
The consultations and the preliminary conference results in no way
constitute or imply subsequent preliminary and/or final plat approval
by the Planning Commission.
B.Â
Submission of the preliminary plat.
(1)Â
The subdivider shall prepare a preliminary plat of the proposed subdivision conforming to the requirements for preparing such a plat as outlined in § 73-7. At least 45 days before a regularly scheduled meeting of the Planning Commission at which action on such plat is desired, the following items shall be filed with the Secretary of the Planning Commission: 12 black-line or blue-line prints of the preliminary plat supporting statements on required improvements and proposed deed restrictions, as set forth in § 73-7; and an application for the approval of the plat on a form to be supplied by the Planning Commission. Appropriate application fees shall be paid at the time of application submittal. Property taxes on the property proposed to be subdivided, or other owners' taxes owed to the Town, shall not be in arrears.
(2)Â
The preliminary plat shall be checked by the Planning staff and Planning
Commission for its conformity with the Comprehensive Plan of the Town,
the applicable zoning and other regulations, the design principles
and standards and requirements of submission as outlined in this chapter,
and any other standards and specifications for improvements as adopted
by the Town Council. Copies of the preliminary plat shall be referred
to the Engineer, Health Officer, and other appropriate public officials
concerned with public improvements or health and safety requirements
for review and approval.
C.Â
Preliminary plat approval.
(1)Â
A review of the preliminary plat shall be held at the next regular meeting of the Planning Commission (within at least 45 days after an application has been deemed complete and is accepted by the Town). The Planning Commission shall hold no hearing until notice thereof shall have been sent to the subdivider and each other interested parties as may be determined by the Planning Commission and as required notification requirements as indicated in Chapter 128, Zoning, Article XXI, Requirements for Public Hearing and Public Notice. At the hearing, the Planning Commission shall submit its findings and recommendations, together with those of the other public officials to whom copies were referred. The Planning Commission shall either tentatively approve or disapprove the preliminary plat or approve the plat subject to specific changes or modifications. One copy of the preliminary plat, with any comments, shall be returned to the subdivider, with other copies retained in the files of the Planning Commission.
(2)Â
Approval of the preliminary plat shall be valid for not more than
nine months, except that the Planning Commission may grant one extension
for an additional six-month period. Unless a final plat, substantially
following the approved preliminary plat and including any required
changes or modifications, shall be filed with the Planning Commission
within six months from the date of approval of the preliminary plat
or any extension thereof, the Planning Commission's approval
thereof shall be deemed canceled; provided, however, that the final
plat may include only a portion of the area in the preliminary plat,
and that the final plat for remaining portions may be filed at a later
date without a new preliminary plat, but subject to any changes in
the regulations contained herein made after such six-month period
or any extension thereof.
(3)Â
The Planning Commission may appoint a Subdivision Technical Advisory
Committee to review, comment, and make recommendations concerning
subdivision applications and improvement plans.
D.Â
Installation of improvements. Following the preliminary plat's approval, the subdivider shall prepare and submit plans for installing those improvements required under the provisions of this chapter. Copies of such improvement plans shall be submitted to appropriate public officials for approval. Upon being notified that such improvement plans have been approved, the subdivider may furnish the Denton Public Works with a cash deposit or performance bond or letter of credit executed per the provisions of § 73-8A of this chapter.
E.Â
Submission of a final plat.
(1)Â
After completing the required improvements to the satisfaction of the appropriate public officials or following the posting of a performance bond or letter of credit in lieu of such completion, the subdivider shall prepare a final plat of the subdivision. Such final plat may be for all the property included in the preliminary plat, or it may be limited to any portion intended to be developed as a unit. Additional final plats covering additional property units may be submitted later, provided that the preliminary plat is still valid. Every final plat shall be substantially in accordance with the approved preliminary plat, including any changes or additions required by the Planning Commission as a prerequisite for its approval. It shall conform in every respect with the requirements for preparing such a plat outlined in § 73-9.
(2)Â
At 45 days before a regularly scheduled meeting of the Planning Commission
at which action on the final plat is desired, the subdivider shall
have filed the following items with Planning and Codes: 12 black-line
or blue-line prints of the plat; a digital copy of the parcel layer
GIS in NAD83 coordinate system tied to state-certified survey point;
a properly executed statement of dedication of all streets in the
subdivision to the appropriate jurisdiction, constituting an irrevocable
offer to dedicate for not less than five years from the date of its
filing with the Planning Commission; and an application for approval
of the plat on a form to be supplied by the Planning and Codes. Appropriate
application fees must be paid at the time of application submittal.
Property taxes on the property proposed to be subdivided shall not
be in arrears.
F.Â
Final plat approval and recording.
(1)Â
Upon receipt by the Planning Commission of required documentation,
the Planning Commission shall consider the final plat's approval
at its next regular meeting. If the final plat is found to comply
with this chapter's requirements and with the preliminary plat
as approved, the Planning Commission shall approve the said plat.
It shall endorse the fact of such approval on each of the several
copies submitted by placing the signature of its Planning Commission
Chairman thereon.
(2)Â
The Planning Commission shall approve or disapprove the final plat
within 60 days after filing such plat with the Planning and Codes,
provided all other agency approvals are given. Otherwise, such plat
shall be deemed to have been approved. A certificate to that effect
shall be issued by the Planning Commission on demand; provided, however,
that the subdivider may waive this requirement and consent to an extension
of such period. The grounds for the disapproval of any final plat
shall be stated upon the Planning Commission's record.
(3)Â
Upon approval of the final plat by the Planning Commission, the seven
signed copies of the plat shall be filed by the subdivider with the
Clerk of the Circuit Court and the Health Officer. Proof of filing
shall be provided to the Planning and Codes. The Planning Commission
shall forward the signed black-line or blue-line prints to the Town
Clerk, the Police Chief, and the Engineer, with one print retained
by the Planning Commission and one print returned to the subdivider.
G.Â
Before the final plat's recordation, the property owner and/or
developer shall execute a public works agreement, with and in a form
acceptable to the Town. Such agreement shall outline the owner's
standards and responsibilities and/or developer for the required improvements.
The public works agreement shall include provisions for payment of
the fees, costs, and expenses incurred by the Town in enforcing the
public works agreement.
H.Â
Administrative subdivision.
(1)Â
Applicability. This section applies only to a subdivision which is made for a purpose referred to in Subsection H(2) below and which:
(a)Â
Involves the replatting, redefining, or reboundarying of three
or fewer existing lots;
(b)Â
Will provide a number of resulting lots equal to or less than
the number of existing lots involved in the subdivision;
(c)Â
Does not affect required improvements or existing covenants
or guarantees required by this chapter; and
(d)Â
Does not involve the creation of new roads or new rights-of-way.
(2)Â
Purpose and limitations.
(a)Â
(b)Â
Resulting lots. The administrative subdivision shall not be
approved unless:
[2]Â
Except as provided in Subsection H(2)(b)[3] following, the administrative subdivision increases the size of one or more existing nonconforming lots. All lots created shall meet all other requirements of this chapter and Chapter 128, Zoning.
[3]Â
Where an existing structure encroaches onto an adjacent property,
the Director of Planning may approve an administrative subdivision
to adjust lot lines without regard for increasing nonconformity. Such
application shall include a survey showing the location of all existing
structures and lot lines.
[4]Â
An administrative subdivision shall be applied for in the same
manner as a minor subdivision.
A.Â
General requirements.
(1)Â
The subdivision layout shall be consistent with the applicable infill
or new development strategies outlined in the Denton Pattern Book.
(2)Â
The subdivision layout shall be consistent in all essential respects
with the transportation element in the Town Comprehensive Plan and
other aspects of the roads and street policies outlined in the Denton
Comprehensive Plan.
(3)Â
The subdivision layout shall be in full compliance with the zoning
district's provisions in which it is located.
(4)Â
The subdivision layout shall be designed following the principles
and standards contained in this section and any other standards and
specifications for improvements as adopted by the Town Council, with
the objective of achieving the most advantageous development of the
subdivision and adjoining areas.
B.Â
Suitability of land.
(1)Â
Land subject to flooding shall not be subdivided for residential occupancy or any other use that might involve danger to health, life, or property, or aggravate the flood hazard, except in compliance with Chapter 58, Floodplain Zones, Code of Denton.
(2)Â
A plat for the subdivision of land with poor drainage or other adverse
physical conditions will be considered for approval only if the subdivider
shall agree to make whatever improvements are necessary, in the judgment
of the Planning Commission, to render the land safe and otherwise
acceptable for development.
C.Â
Street layout.
(1)Â
The street layout shall be designed to create desirable building
sites while respecting existing topography, minimizing street grades,
avoiding excessive cuts and fills, ensuring compliance with stormwater
regulations, protecting environmentally constrained areas, and preserving
natural resources, including trees, to the maximum extent possible.
(2)Â
Streets shall be spaced to allow for blocks meeting the dimensional
requirements contained herein and to minimize the number of intersections
with existing or proposed major collector streets.
(3)Â
Where the subdivision adjoins or embraces any part of major collector
streets as designated on the transportation element of the Comprehensive
Plan, the layout of such subdivision shall provide for the platting
and dedication of such part of the major collector streets in the
location and at the width indicated on such plan, except that the
subdivider shall not be required to dedicate that part of such major
collector streets which is more than 60 feet in width.
(4)Â
Wherever deemed desirable to the layout of the subdivision and adjoining
areas, the Planning Commission may require platting and dedication
of one or more collector streets, or parts thereof, to serve the subdivision.
(5)Â
Local access streets, intended primarily for access to individual
properties, shall be arranged to discourage through traffic.
(6)Â
Streets shall be laid out to intersect at right angles (90°)
unless topography and the limiting factors of good design prohibit.
Proposed streets intersecting at less than 90° shall be required
to obtain Planning Commission approval. No street shall intersect
another street at an angle of less than 60°.
(7)Â
Proposed streets in the subdivision shall provide for the continuation
of existing, planned, or platted streets on adjacent tracts, unless
such continuation shall be prevented by topography or other physical
condition, or unless such extension is found by the Planning Commission
to be unnecessary for the coordination of development between the
subdivision and such adjacent tract.
(8)Â
Where the Planning Commission deems it desirable or necessary to
provide access to adjacent tracts not presently subdivided, proposed
streets in the subdivision shall be extended to the boundary lines
with such adjacent tracts, and temporary turnarounds shall be provided
at the ends of such streets, employing temporary easements or otherwise.
(9)Â
Where the subdivision abuts or contains a major or minor collector
street as designated in the transportation element of the Comprehensive
Plan, the Planning Commission may require that measures be taken to
reduce the impact of heavy traffic on the residential lots abutting
or fronting upon such major or minor collector street and to afford
separation of through and local traffic, by one of the following means:
(a)Â
Provide vehicular access to such lots utilizing a service drive
separated from an arterial or major collector by a buffer strip of
berm and planting and connecting therewith at infrequent intervals.
(b)Â
Design reverse frontage lots with access only from a parallel
local access street or loop streets, with vehicular access to such
lots from the arterial prohibited by deed restrictions or other means.
A buffer strip of berm and planting shall be provided on the reverse
frontage lots. Whether an individual or a homeowners' association,
the property owner shall be responsible for buffer strip maintenance
of vegetation.
(c)Â
The choice of the most appropriate method to accomplish the
desired purpose in a specific instance shall be made by the Planning
Commission, considering topography and other physical conditions,
the character of existing and contemplated development in the subdivision
and its surroundings, and other pertinent facts.
(10)Â
Cul-de-sac streets are not preferred; however, they shall be permitted
where they are necessitated by topographic conditions or where, in
the Planning Commission's judgment, they are appropriate to the
type of development contemplated. Cul-de-sac streets shall not exceed
500 feet in length.
(11)Â
Alleys shall be provided in commercial and industrial areas unless
adequate access to parking and loading areas is provided by other
means. Alleys may be permitted in residential areas for providing
rear access to dwellings or where required by topographic or other
unusual conditions. In the absence of alleys, easements will be required
for utility lines or stormwater facilities.
(12)Â
Half streets will be prohibited.
(13)Â
Private streets shall not be permitted in any proposed major subdivision.
(14)Â
Traffic impact studies or operational analyses shall be provided
for any proposed major subdivision at the discretion of the Planning
Commission.
D.Â
Street design standards.
(1)Â
General. Streets shall include public and semipublic realms. The
public realm shall extend from the back of curb to back of curb and
shall correspond to the minimum required street type right-of-way.
The public realm shall be dedicated to public use and may be accepted
by the Town as part of the Town street system. The semipublic realm
shall be a public easement across the front of lots. Utilities not
located within the public realm, street trees, and pedestrian facilities,
e.g., sidewalks, may be placed here.
(2)Â
Right-of-way widths.
(a)Â
Minor arterials or major collectors. Right-of-way widths for
minor arterials or major collectors as designated in the transportation
element of the Comprehensive Plan shall be not less than 150 feet
for minor arterials and 60 feet for major collectors; provided, however,
that widths above these minimums may be required for state roads by
the State Highway Administration to meet particular traffic conditions.
(b)Â
Minor collector streets, commercial, and industrial streets:
60 feet.
(c)Â
Local access streets and service drives in residential developments.
Right-of-way widths for local streets and service drives in residential
development shall be the area measured from back of curb to back of
curb.
(d)Â
Alleys, service drives: 24 feet.
(3)Â
Roadways widths.
(a)Â
Minor arterial and major collector streets: not less than the
minimum specified for state roads by the State Highway Administration
but, in any case, less than 24 feet with ten-foot shoulders.
(b)Â
Roadway widths for other street types shall be not less than
the following:
[1]Â
Minor collector streets and local access streets in multiple-family
residential: 36 feet inside of curb to the inside of curb. Streets
serving lots of one acre or more may have, with the Planning Commission's
approval, a minimum roadway width of 30 feet inside of curb to the
inside of curb.
[2]Â
Minor collector streets and local access streets in commercial
and industrial areas: 40 feet inside of curb to the inside of curb.
[3]Â
Local access streets in single-family residential areas and
service drives: 40 feet inside of curb to the inside of curb where
parking is permitted on both sides of the street.
[4]Â
Local access streets in single-family residential where lots
can be accessed from an alley and parking is restricted to one side
of the street: 31 feet from inside of curb to the inside of curb.
[5]Â
Streets serving lots of one acre or more may have, with the
Planning Commission's approval, a minimum roadway width of 20
feet inside of curb to the inside of curb.
[6]Â
Alleys: 18 feet.
(c)Â
Cul-de-sac: Cul-de-sac streets shall have a circular turnaround
of not less than 45 feet in diameter to the street line and with a
roadway of not less than 52 feet in diameter. The use of cul-de-sac
street design is discouraged.
(d)Â
Street grades: Street grades shall not exceed 5% for arterial
and collector streets and 8% for local access streets, service drives,
and alleys. Street grades shall be not less than 1/2 of 1%.
(e)Â
All changes in street grades of more than one percentage point
shall be connected by vertical curves with a minimum length of 50
feet or 15 times the algebraic difference in the change in grade,
whichever is greater.
(f)Â
Curvature. The curvature radius on the center line shall be
not less than 400 feet for arterial streets, 300 feet for collector
streets, and 100 feet for local access streets, service drives, and
alleys. Between reversed curves, either of which has a radius of less
than 200 feet, there shall be a tangent section at least 100 feet
in length.
(g)Â
Street intersections shall be designed in conformance with the
following requirements:
[1]Â
The intersection design should provide clear sight distance
for oncoming vehicles, and there should be a proper leveling of the
street grade within and approaching the intersection.
[2]Â
No more than two streets shall cross at the same point.
[3]Â
An arc shall round off each property corner at street intersections.
Curbs at street intersections shall be rounded off concentrically
with the property lines. Minimum curb or edge of pavement radii shall
be provided in accordance with the following:
[4]Â
Right-of-way lines at intersections shall be rounded by tangential
arcs concentric with the paved radii lines and a minimum radius of
the paved radii plus an additional 10 feet.
[5]Â
Proper sight lines shall be maintained at the intersections
of all streets. A clear sight triangle shall be measured along the
center lines of intersecting streets to a point 75 feet from the center
of the intersection.
[6]Â
Signage shall be in accordance with the Manual on Uniform Traffic
Control Devices (MUTCD) as adopted by the Maryland State Highway Administration
(MD SHA).
(h)Â
Geometric design requirements such as a vertical curve shall
be required for a change in vertical alignment (slope) exceeding 1%.
A combination of minimum radius horizontal curve and maximum grade
is not permitted.
(i)Â
Proper sight distances for driveways, entrances, and intersections
shall be based on safe sight stopping distance.
(j)Â
Signage and pavement markings shall be in accordance with the
MUTCD as adopted by the Maryland State Highway Administration.
(k)Â
Easements of 10 feet shall be created on all road-front property
lines.
E.Â
Blocks.
(1)Â
Residential blocks shall typically not exceed 600 feet in length,
nor be less than 400 feet in length, between street lines. In any
residential block more than 500 feet in length, a crosswalkway of
not less than 10 feet in width shall be required where necessary to
provide convenient access to community open space, schools, playgrounds,
shopping centers, and other community facilities.
(2)Â
Residential blocks shall generally be of sufficient width to provide
two tiers of lots of appropriate depth.
(3)Â
Blocks for business or industrial use shall be of such length and
width as may be necessary to serve their prospective use, including
making adequate provision for off-street parking and the loading and
unloading of delivery vehicles.
(4)Â
Irregularly shaped blocks indented by cul-de-sac or looped streets,
and containing interior parks or playgrounds, will be acceptable when
they are appropriately designed, including making provision for adequate
parking and any maintenance of the public or joint-use areas.
F.Â
Lots.
(1)Â
The lot arrangement, design, and orientation shall be such that all
lots will provide satisfactory building sites, properly related to
topography and the character of surrounding development.
(2)Â
The dimensions and areas of all lots shall comply with the zoning
district's requirements in which they are located.
(3)Â
Excessive lot depth in relation to lot width shall be avoided. A
ratio of depth to width of two to one shall be considered a desirable
maximum.
(4)Â
Corner lots shall desirably have extra width to permit appropriate building setback from both streets per Chapter 128, Zoning.
(5)Â
Every lot shall abut upon, and have access to, a public street.
(6)Â
Double frontage and reverse frontage lots shall be avoided, except
where their use is essential to overcoming unique topographic problems
or separating residential development from heavy street traffic.
(8)Â
Insofar as possible, side lot lines shall be substantially at right
angles or radial to the street line, except where a variation to this
requirement will provide an improved street and lot layout.
(9)Â
The size and shape of lots intended for single-family residential
use shall be sufficient to permit the ultimate provision of a garage
on each lot, except that the Planning Commission may permit the grouping
of garages into a compound serving several such lots.
G.Â
Easements.
(1)Â
Where alleys are not provided in appropriate locations, easements
of not less than 10 feet in width shall be provided where necessary
to meet public utility requirements. Easements of greater width may
be required along lot lines or across lots where necessary to extend
trunk sewers or other primary utility lines.
(2)Â
Where a proposed subdivision is traversed by any stream, watercourse,
or drainageway, the subdivider shall make adequate provision for the
proper stormwater management of surface water, including the provision
of easements along such streams, watercourses, and drainageways.
(3)Â
Utility easements in private rights-of-way or joint-use open space
areas may be permitted at the discretion of the Planning Commission
if the design considerations of the proposed subdivision warrant such
easements. Other than on-site swales and other minor environment site
design improvements, stormwater management facilities shall not be
permitted in designated open space areas.
(4)Â
No building or structure, including propane gas farms, shall be constructed
on any easement without the written authorization of the Mayor and
Council.
(5)Â
Where a proposed greenway shown in the Comprehensive Plan of the
Town or Caroline County crosses a proposed subdivision, a greenway
public use easement of at least 25 feet shall be provided.
H.Â
Public sites and open spaces.
(1)Â
Where the proposed subdivision includes lands proposed for use as
open space, recreation and parks, playgrounds, playfields, public
landings, and/or school sites under the Comprehensive Plan, the subdivider
shall indicate the location of such lands on the subdivision plat
and shall dedicate such lands to the appropriate jurisdiction.
(2)Â
Where deemed essential by the Planning Commission, upon consideration
of the type and size of development proposed in the subdivision, the
subdivider may be required to dedicate open space, sites, and recreational
facilities of a character, extent, and location suitable to meeting
the needs of such development. In lieu of dedicating such additional
areas, they may be reserved for all property owners' common use
in the proposed subdivision through deed restrictions.
A.Â
General requirements. The preliminary plat of the proposed subdivision
shall comply with the following general requirements concerning style
and content:
(1)Â
It shall be prepared by a registered land surveyor, preferably at
a scale of one inch to 50 feet, but, in any case, at a scale not smaller
than one inch to 100 feet.
(2)Â
It shall provide all the pertinent information on existing site conditions,
property ownership, and the like, which may be necessary for the Planning
Commission to consider that proposed subdivision adequately, and such
information shall be accurate and reliable.
(3)Â
It shall show the general plan for the ultimate development of the
property, including so much of the surrounding areas as may be necessary
for an adequate consideration of the land to be subdivided. Such plan
shall be accurately drawn to scale, but surveyed dimensions are not
required.
B.Â
Information to be shown. The preliminary plat shall be drawn clearly
and legibly and shall contain the information required for preliminary
plats shown in Appendix 1[1] at the end of this chapter.
[1]
Editor's Note: Appendix 1, Basic Information Required with Subdivision Plats and Plans, is included as an attachment to this chapter.
C.Â
Supporting statements. Accompanying the preliminary plat shall be
the following written and signed statements in support of the subdivider's
application for tentative approval:
(1)Â
Statements explaining how and when the subdivider proposes to provide
and install required water supply, sewers or other means of sewage
disposal, street, pavements, curbs and gutters, stormwater management
facilities, and private utilities, including but not limited to electricity,
telephone, cable, and propane or natural gas.
(2)Â
Statement concerning any proposed deed restrictions to be imposed
by the subdivider (owner).
A.Â
Required improvements by subdivider.
(1)Â
Except for the roadway wearing surface, the subdivider shall be required
to provide and install all improvements in the subdivision as a condition
for approval of the final plat by the Planning Commission. All such
required improvements shall be constructed per the minimum requirements
of these regulations and the construction standards and specifications
adopted by the Town Council or other government agencies that may
have jurisdiction over a particular improvement. However, nothing
contained herein shall be construed as prohibiting the subdivider
from installing improvements meeting higher standards than the minimum
requirements.
(2)Â
Before filing the final as-built plat with the Planning Commission,
the required improvements shall be completed, inspected, and approved
by the proper authorities, except that, in lieu of completing all
improvements before submission of the final plat, the subdivider may
furnish Denton Public Works with a cash deposit, a secured line of
credit, or a performance bond executed by a surety company and running
to the Town.
(a)Â
Such financial instrument shall be in an amount sufficient to
cover the cost of the improvements required to be installed.
(b)Â
Such financial instrument shall be in place before the time
that such improvements are needed to serve buildings placed on abutting
lots.
(c)Â
The cost of required improvements shall be estimated by the
Engineer or other authority having jurisdiction. In the event of any
dispute concerning the amount of cash deposit or bond required, Denton
Public Works shall make the final decision based upon at least two
additional cost estimates.
B.Â
Inspections, warranties, and bonding.
(1)Â
Inspection of improvements.
(a)Â
Before commencing construction, the developer shall notify the
Town Engineer of the proposed construction schedule. The developer
shall also conduct an on-site preconstruction meeting with representatives
from the Caroline Soil Conservation Service (SCS), Maryland Department
of the Environment (MDE), Denton Public Works, and Planning and Codes.
(b)Â
Pursuant to notification by the developer, the Town Engineer
shall inspect required improvements during the initial construction
phase and periodically thereafter, as may be required to ensure proper
adherence to this chapter.
(c)Â
The Town Engineer shall submit reports to the Town specifying
those items of construction, material, and workmanship which do not
comply with the Town construction standards or the approved final
plan.
(d)Â
The developer, upon notification from the Town, shall proceed
at his own cost to make such corrections as shall be required to comply
with the Town construction standards and approved final plans and
shall notify the Town Engineer upon completion requesting a final
inspection.
(e)Â
If such inspection reveals that the repair work is not in accordance
with approved plans and the Town construction standards, the Planning
and Codes, at the request of the Town Engineer, may suspend subdivision
approval and issue a cease-and-desist order, which may include any
or all the following sanctions:
(f)Â
Said cease-and-desist order shall be terminated upon a determination
by the Town Engineer that said defects and deviations from plan requirements
had been corrected.
(g)Â
No underground pipes, structures, subgrade, subbase, or base
course shall be covered until inspected and approved by the Town Engineer.
(h)Â
The developer shall notify the designated representative of
the Town at least 48 hours in advance of completion of any construction
operations requiring an inspection.
(i)Â
The Town Engineer shall make a final inspection with the developer
of all required improvements.
(j)Â
Within 30 days after completion and Town approval of subdivision
or land development improvements as shown on final plans and before
Town acceptance of such improvements, the developer shall submit to
the Town as-built plans, showing actual dimensions and conditions
of streets and all other improvements, certified by a professional
engineer to be in accordance with actual construction.
(k)Â
The Town Council shall notify the developer of acceptance of
the required improvements if satisfied that the developer has complied
with all specifications and ordinances of the Town.
(2)Â
Bonding.
(a)Â
The developer shall deposit with the Town financial security
in an amount sufficient to cover the construction cost of all improvements
required by the approved final plans.
(b)Â
Financial security required herein shall be in the form of a
federal or state-chartered lending institution's irrevocable
letter of credit, a restrictive or escrow account in such institution
or with a financially responsible bonding company or such other type
of financial security which the Town may, in its reasonable discretion,
approve. The bonding company may be chosen by the party posting the
financial security, provided that said bonding company or lending
institution is authorized to conduct business within the state and
stipulates that it will submit to Maryland jurisdiction and Caroline
County venue in the event of legal action.
(c)Â
Said financial security shall provide for and secure to the
public the completion of all improvements required by the approved
final plans for which such security is being posted on or before the
completion date fixed in the formal action of approval or development
agreement.
(d)Â
The final plan shall not be signed nor recorded until the financial
improvements agreement is executed. The resolution of contingent approval
shall expire and be deemed to be revoked if the financial security
agreement is not executed within 90 days unless the Town grants a
written extension.
(e)Â
The amount of financial security shall be equal to 125% of the
cost of completing all improvements required by the approved final
plans. The amount of the financial security shall be based on an estimate
of the cost of completing the required improvements, prepared by a
licensed professional engineer or a contractor's cost estimate,
and submitted by the developer for review and approval by the Town
Engineer.
(3)Â
Release from performance guaranty (initial construction).
(a)Â
Partial release of performance guaranty. As the work of installing
the required improvements proceeds, the party posting the financial
security may request the Planning and Codes Department and/or Denton
Public Works to release or authorize to be released, from time to
time, such portions of the financial security necessary for payment
to the developer performing the work. Any such requests shall be in
writing, addressed to the Director of Planning and Codes or the Director
of Denton Public Works. The Town shall have 45 days from receipt of
such request within which to allow the Town Engineer to certify, in
writing, that such portion of the work upon the improvements has been
completed in accordance with this chapter and the approved plans.
Upon such certification, the Town may authorize release by the bonding
company or lending institution of an amount estimated by the Town
Engineer fairly representing the value of the improvements completed.
In certifying the completion of work for a partial release, the Town
Engineer shall not be bound to the amount requested by the developer
but shall certify to the Town his/her independent evaluation of the
proper amount of partial releases. Before final release at the time
of completion and certification by the Town Engineer, the Town may
require retention of 10% of the estimated cost of the aforesaid improvements.
(b)Â
Incomplete improvements. If the required improvements are not
completely installed within the period fixed or extended by the Town,
Denton Public Works shall declare the financial security in default
to collect the amount payable thereunder. Upon receipt of such amount,
the Town shall install such improvements as were covered by the security
and are commensurate with the extent of building development which
has taken place in the subdivision or land development, not exceeding
in cost, however, the amount collected upon the security.
(c)Â
Release in full. When the developer has completed all the necessary
and appropriate improvements, he shall notify Denton Public Works,
in writing, by certified or registered mail, of the completion of
the aforesaid improvements. The developer shall send a copy thereof
to the Town Engineer to inspect all the aforesaid improvements. The
Town Engineer shall, thereupon, file a report, in writing, with Denton
Public Works and shall promptly mail a copy of the same to the developer
by certified mail. The report shall be made and mailed within a reasonable
period after receipt by the Town Engineer or the aforesaid authorization
from Denton Public Works. Said report shall be detailed and shall
indicate approval or rejection of said improvements, either in whole
or in part. If said improvements, or any portion thereof, shall not
be approved or shall be rejected by the Town Engineer, said report
shall contain a statement of reasons for such nonapproval or rejection.
(d)Â
Notification. Denton Public Works shall notify the developer,
in writing, by certified mail, of Denton Public Works' action
concerning approval, nonapproval, or rejection of improvements.
(e)Â
Rejection of improvements. If any portion of said improvements
shall not be approved or shall be rejected, the developer shall proceed
to complete those improvements, and, upon completion, the same procedure
of notification as outlined herein shall be followed.
(f)Â
Maintenance of improvements. The developer shall be responsible
for maintaining all subdivisions or land development improvements
until such improvements are offered for dedication and are accepted
by the Town. Also, 10% of the performance guaranty shall be held back
by the Town until the developer has posted the maintenance guaranty
and as-built plans are verified and accepted by the Town.
(4)Â
Maintenance guaranty (maintenance period). Where the Town accepts
dedication of all or some of the required improvements following completion,
the Town shall require the posting of financial security to secure
the structural integrity of the improvements and the functioning of
the improvements in accordance with the design and specifications
as depicted on the approved final plan. The security shall be in the
form as is authorized for the deposit of the performance guaranty
and shall be for a term of five years from the date of the acceptance
of dedication and shall be in an amount equal to 10% of the actual
costs of installation of the improvements so dedicated.
C.Â
Minimum requirements. The minimum requirements for the installation
of improvements in subdivisions shall be as follows:
(1)Â
Roads and streets.
(a)Â
All new roads and streets shall be constructed per the minimum
requirements of these regulations and the minimum construction standards
as indicated in the Public Works Details and Specifications Manual,
as amended by the Director of Public Works. Existing roads and streets
that do not meet these specifications regarding width or type of construction
shall be widened and brought into conformity on that portion of the
road or street within or adjoining the subdivision.
(b)Â
The roadbed and roadway wearing surface shall be constructed
per applicable Town standards (see Public Works Details and Specifications
Manual). Curbs and gutters shall be provided in all subdivisions where
the average lot area is less than one acre. Where curbs and gutters
are not required, stabilized shoulders and stabilized drainageways
outside the shoulders shall be provided. Street name signs of an approved
design shall be erected at each new street or road intersection. All
stormwater facilities shall be maintained by the property owner and/or
the applicable homeowners' association. Provisions for maintenance
and assessment of maintenance costs shall be provided in a form acceptable
to the Town.
(2)Â
Stormwater facilities. The subdivision shall be provided with such storm drains, culverts, drainageways, or other works necessary to collect and dispose of surface and stormwater originating on or flowing across the subdivision to prevent inundation and damage to streets, lots, and buildings. All stormwater facilities must conform to the requirements of Chapter 106, Stormwater Management, whose goal is to manage stormwater by using environmental site design to the maximum extent practicable.
(3)Â
Water supply facilities. Every subdivision shall require a public
water supply under the regulations of the State Department of Health.
When a public source of water supply is not available, private on-site
water supply sources, approved by the Health Officer, shall be provided.
All major subdivisions shall require a public source of water supply,
availability, and allocation.
(4)Â
Sanitary sewerage facilities. Every subdivision shall require a public
sewer system under the regulations of the State Department of Health.
When a public sewer system is not available, private on-site septic
systems, approved by the Health Officer, shall be provided. All major
subdivisions shall require a public sewer system, availability, and
allocation.
(5)Â
Plantings. The Planning Commission shall require street trees and other landscaping on all new streets and parking lots per Article XVI requirements of Chapter 128, Zoning. The proposed location and the plant material species to be used shall be subject to the Planning Commission's approval. Trees are to be placed behind the sidewalk and not located between the sidewalk and road.
(a)Â
All residential lots shall be planted with at least one one-and-one-half-inch
diameter yard tree, in addition to buffers, forestation, or critical
area requirements. Yard tree species and quantities shall meet Town
arborist specifications. A tree warranty is required for one year
after acceptance by the Town.
(6)Â
Sidewalks, pedestrian paths, and cycleways. The minimum width of
sidewalks shall be five feet along all streets. Where the Planning
Commission determines projected pedestrian traffic volumes warrant,
a wider sidewalk may be required. The construction specifications
for sidewalks shall comply with the Public Works Details and Specifications
Manual, as amended by the Director of Public Works.
(a)Â
Sidewalks may be required on all streets; sidewalks may be placed
on at least one side of any road and may be required on both sides
of the street at the Planning Commission's discretion.
(b)Â
Where a development fronts on an existing state road, county
road, or Town street, and where a sidewalk terminates at the property
line of the proposed development, the sidewalk shall be extended along
the entire road frontage of the proposed development.
(c)Â
Pedestrian and cycle paths shall be provided per the Denton
Comprehensive Plan's transportation element. Pedestrian-only
paths shall be at least five feet wide. Shared cycle and pedestrian
paths shall be at least seven feet wide.
(d)Â
All sidewalks and pedestrian paths shall be Americans with Disabilities
Act (ADA) compliant.
(7)Â
Streetlighting. Purchase and installation of the required lighting
shall be the subdivider's responsibility following the Public
Works Details and Specifications Manual, adopted by the Town Council,
and as amended by the Director of Public Works.
(8)Â
Driveways shall be designed in conformance with the following requirements:
(a)Â
The minimum width of driveways that take access from a Town
street shall be 20 feet. Driveways with access from an alley may be
10 feet. Within the Town right-of-way limits, the maximum driveway
width shall be 20 feet. The driveway's total width within the
Town's limits right-of-way on a single lot shall not exceed 20
feet. Driveways shall not be placed within five feet of a property
line.
(b)Â
Driveways on corner lots shall be located at least 40 feet from
the point of intersection of the nearest street right-of-way lines.
(c)Â
To provide a safe and convenient means of access, grades on
private driveways should not exceed 8% unless specifically authorized
by the Town, and in no case shall the grade exceed 5% for the first
30 feet of the driveway as measured from the road cartway. The minimum
slope shall not be less than 1.0%.
(d)Â
Sight distance from a point on the driveway 10 feet from the
edge of the public road cartway upon which the driveway opens shall
not be less than 150 feet in either direction with respect to the
view of oncoming traffic.
(e)Â
All driveways shall be located, designed, and constructed in
such a manner as not to interfere or be inconsistent with the design,
maintenance, and drainage of the street.
(9)Â
Site grading. An overall site grading plan with detailed requirements as to the minimum and maximum slopes, grading around structures, ditch/swale grading, retaining walls, etc., shall be provided by the developer. The site grading plan shall conform to the requirements of Chapter 49, Erosion and Sediment Control.
(10)Â
Community facilities. All residential plans submitted to the Planning
Commission, preliminary or final, will be referred to the Caroline
County Board of Education for an advisory report and recommendation.
The Board of Education will determine the projected school population
anticipated from the subject development and compare the future school-age
population to existing and proposed school capacities in determining
whether that agency can endorse the development.
(11)Â
Public utilities. The subdivider shall place or cause to be placed
underground extensions of electric and telephone distribution lines
necessary to furnish permanent residential electric and telephone
service to new detached, semidetached, group, or townhouse single-family
residences within a new residential subdivision, or new apartment
buildings, following the rules and regulations of the Public Service
Commission of Maryland, effective July 1, 1968, and subject to the
further order of that Commission.
(12)Â
Off-street parking.
(a)Â
Applicability. Every subdivision plan submitted to the Planning Commission for approval shall provide off-street parking space and facilities per the requirements of Chapter 128, Zoning.
(b)Â
Design.
[1]Â
Parking spaces and all access and maneuvering space for off-street
parking shall be surfaced and maintained with a dustless, all-weather
material, except for single-family and two-family dwellings.
[2]Â
Every parking facility shall have a safe and efficient means
of vehicular access to a recorded street.
[3]Â
No driveway serving a parking facility shall be closer than
7Â 1/2 feet to a side property line.
[4]Â
No parking space shall be located to permit parking in any yard
or court closer than five feet to any door, window, or other openings
of a dwelling, institution, or other property.
[5]Â
In the design of off-street facilities for multiple dwellings,
the public right-of-way shall not be obstructed by using the same
as aisle space or maneuvering space. Each off-street parking facility
shall provide sufficient maneuvering space within the boundaries of
the lot or lots on which it is located and shall be so designed that
no unreasonable difficulty or inconvenience will be entailed in making
necessary maneuvers for parking and removing a vehicle. Maneuvers
shall not entail driving over any other required parking space. The
layout of parking areas shall conform to the minimum dimensions for
spaces and accessways.
[6]Â
Each parking facility shall be so designed that ingress or egress
to a parking space entails no backing maneuver across a sidewalk or
established footway or a backing maneuver into or from the public
right-of-way.
[7]Â
Neither the turnaround diameter nor a cul-de-sac or rotary shall
be used for the parking of vehicles.
[8]Â
In a multifamily residential subdivision, no parking area shall
exceed 108 feet in length. No portion of a motor vehicle shall be
closer than 20 feet from the right-of-way line of a public street.
[10]Â
At its discretion, the Planning Commission may require off-street
parking facilities to be screened by a wall, berm, fence, or compact
planting when adjoining the side or rear lot line. Screening, at the
time of planting, shall be at least 3Â 1/2 feet high. Screening
shall not be so placed or maintained as to constitute a traffic hazard
by obstruction of visibility.
[12]Â
Entrance from public or private streets shall conform to the
following dimensions:
[a]Â
One-way traffic entrances shall be not less than
17 feet in width.
[b]Â
Two-way traffic entrances shall not be less than
24 feet nor more than 35 feet in width; such entrances shall be not
less than 15 feet apart.
[c]Â
Monumental entrances shall be provided with a six-foot-wide
median, and the traffic lanes shall not be less than 17 feet in width.
[d]Â
All entrances shall be not less than 7Â 1/2
feet from a side lot line.
(13)Â
Refuse collection. If refuse is to be collected at points exterior to a residential subdivision structure, such points shall be shielded from view on three sides by screening and landscaping and placed on a pad of concrete, where necessary, in a location approved by the Town. A clear and acceptable pathway to the receptacle for refuse pickup shall be provided. The design and location of all refuse collection areas and facilities shall comply with Denton Town Code Chapter 64, Garbage and Trash.
(a)Â
In a residential subdivision, if refuse is to be collected at
points within a structure, the marginal notes to the subdivision plan
shall so indicate.
(b)Â
In a multifamily, commercial, or industrial subdivision, refuse
storage and collection points shall be housed in containers and shielded
from view by screening made of brick, masonry, or wood, and completely
enclosed and landscaped.
(14)Â
Street signs.
(a)Â
Street and alley names. The Town Council may, by resolution,
adopt procedures or criteria for naming streets and alleys in the
Town or designate other agencies to review the street and alley names
per the county road naming guidelines.
(b)Â
Improvements required. The subdivider shall pay for Denton Public
Works to install a street sign or street signs and snow emergency
route signs at every intersection, having thereon the intersection
streets' names. There shall be at least two such street signs
at intersections where streets cross, and. at the intersections where
one street ends or joins with another street, there shall be at least
one such street sign.
(c)Â
Construction standards. Street signs and snow emergency route
signs shall conform to the requirements of the Public Works Details
and Specifications Manual.
(15)Â
Handicapped accessibility. Whenever curb, gutter, and sidewalk construction
are used on public roads, wheelchair ramps for the disabled shall
be provided at all intersections and other major points of pedestrian
flow. Wheelchair ramps and depressed curbs shall be constructed following
published standards.
(16)Â
Reference monuments.
(a)Â
Permanent reference monuments, of stone or concrete and at least
30 inches in length and four inches square with suitable center points,
shall be set flush with the finished grade at such locations as may
be required by the Planning Commission and the laws of the State of
Maryland.
(b)Â
Each subdivision parcel shall have a reference monument of stone
or concrete and at least 30 inches in length and four inches square
with a suitable center point that shall be set flush with the finished
grade at each parcel corner.
(c)Â
Open space shall have a reference monument of stone or concrete
and at least 30 inches in length and four inches square with a suitable
center point that shall be set flush with the finished grade at each
parcel corner.
(d)Â
Conservation easements shall have a reference monument of stone
or concrete and at least 30 inches in length and four inches square
with a suitable center point that shall be set flush with the finished
grade at each easement corner.
(e)Â
Monuments of metal pipe, 3/4 inch in diameter and at least 18
inches in length, shall be set in place flush with the finished grade
at all lot corners.
(f)Â
All monuments shall be specified with NAD83 latitude and longitude
coordinate points. Coordinates shall be documented on detailed engineering
drawings of the monument as it was placed.
(g)Â
Bonds or other financial surety shall not be released until
all monuments are set and inspected by the Town.
D.Â
Improvement plans. Plans, profiles, and specifications for the required
improvements shall be prepared by the subdivider and submitted for
approval by the appropriate public authorities before construction.
Plans and profiles shall be drawn to a horizontal scale of one inch
to 50 feet or less and a vertical scale of one inch to 10 feet or
less, unless the Engineer shall specify otherwise, and such plans
and profiles shall be sufficiently detailed to show the proposed location,
size, type, grade, and general design features of each proposed improvement.
The plans, profiles, and specifications to be submitted shall include
the following:
(1)Â
Plans and profiles of each street, showing proposed grades and street
intersection elevations.
(2)Â
Cross sections of proposed streets, showing the width of roadways,
present and proposed grade lines, and the location and size of utility
mains, taken at intervals of not more than 100 feet along each street
center line if required by the Engineer. Such cross sections shall
extend laterally to the point where the proposed grade intersects
the existing grade, except that in no case shall less than the full
width of the street right-of-way be shown.
(3)Â
Plans and profiles of proposed sanitary sewers and storm drains,
with proposed grades and pipe sizes indicated.
(4)Â
Plans of the proposed water distribution system, showing pipe sizes
and all valves and fire hydrants' locations.
(5)Â
A site plan and details of proposed street trees and other landscaping
improvements.
(6)Â
Plans of proposed curbs and gutters, and sidewalks, including ADA
features.
(7)Â
Plans and profiles of proposed stormwater management facilities.
(8)Â
Traffic plans.
(9)Â
Lighting plans.
(10)Â
Construction details.
(11)Â
Written specifications for all proposed improvements.
E.Â
Inspection and acceptance.
(1)Â
All construction work on improvements required herein shall be subject
to inspection and approval by the Engineer, Health Officer, and other
authorized public officials during and upon completion of such construction
work. Upon the completion of each improvement, the subdivider shall
furnish the appropriate official with accurate and detailed engineering
drawings of the improvement as it was actually constructed.
(2)Â
The final as-constructed plat of the subdivision shall not be approved
by the Engineer until all required improvements shall have been satisfactorily
completed and approved as complying herewith, or satisfactory bond
posted in lieu of such completion. No such bond shall be released
until all improvements secured by such bond shall have been completed
and approved as complying herewith; provided, however, that a partial
release may be approved for such improvements as may have been completed
and approved by appropriate officials.
(3)Â
This improvement guaranty shall be conditioned upon:
(a)Â
The developer constructing and installing, or causing to be
constructed or installed, in strict accordance with the standards,
regulations, and specifications of the Town, as finally approved,
the required improvements;
(b)Â
The developer maintaining at his own cost said improvements,
until the Town accepts the same for community use; and
(c)Â
The faithful performance by the developer of the public works
and stormwater management agreements.
(4)Â
Approval of the final plat by the Engineer shall not be deemed to
constitute or effect an acceptance by the Town of the dedication of
any street or other proposed public way or public grounds shown on
said plat. The Town shall have no obligation to accept and to make
public any street in a subdivision unless:
(a)Â
All required improvements shown on the approved final plat have
been constructed in conformity with the required standards and specifications;
or
(b)Â
A petition signed by the owners of at least 50% of the frontage
of the street in question, requesting that the street be taken over
and made public, is filed with the Town, and it is established by
Town Council that there is a need for the street to be taken over
and made public.
(5)Â
The Town shall have no responsibility for any street within a subdivision,
notwithstanding the use of such street by the public, unless the street
is accepted by resolution of the Town. The street shall be transferred
to the Town through a recorded Deed of Dedication approved by the
Town Council.
(6)Â
Acceptance of rights-of-way shall be by deed conveyance in a form
acceptable to the Town.
A.Â
General requirements. The final plat of the subdivision shall comply
with the following general requirements concerning style and content:
(1)Â
It shall comply with the applicable provisions of the State of Maryland
laws relative to the making of plats. The final plat shall be provided
digitally in GIS (shapefile or geodatabase), CAD (DWG), and PDF formats.
(2)Â
It shall be prepared by a registered land surveyor, preferably at
a scale of one inch to 50 feet, but, in any case, at a scale not less
than one inch to 10 feet, and it shall be drawn on sheets not less
than 11 inches by 17 inches and not more than 24 inches by 36 inches
in size, including a margin of 1/2 inch outside ruled border lines.
(3)Â
All dimensions and bearings of lines and all areas shall be based
upon a field survey of sufficient accuracy and detail that the data
shown thereon may be reproduced on the ground. All distances and the
length of all lines shall be given to the nearest hundredth of a foot.
Bearings of all lines shall be referenced to the same azimuth and
coordinate system as shown on the plat of the official Town controls.
Additions to existing subdivisions shall conform to the azimuth and
coordinate system of the original subdivision. All bearings shall
be given to the nearest minute, and all areas shall be given to the
nearest square foot.
(4)Â
Another final plat of the subdivision including only lot boundaries,
roads and rights-of-way lines, easement areas, and public utilities
line work shall be provided digitally (in shapefile or geodatabase
format) or in DXF format compatible with a geographic information
system (GIS) and utilizing NAD83 coordinate system. Points of beginning
coordinates shall tie to official state coordinates to enable alignment
with existing Town GIS data.
B.Â
Information to be shown. The final plat shall be legibly and accurately
drawn. It shall include the information required for final plats shown
in Appendix 1[1] at the end of this chapter, as well as the following information:
(1)Â
The Planning Commission shall make a final determination on the plat's
completeness and accuracy per this section's provisions before
recording the plat. See Appendix 1 for a complete list of requirements
for the final plat. All information requirements outlined in Appendix
1 shall be provided unless the applicant requests and Planning and
Codes waives such requirement.
(2)Â
The final subdivision plat shall be submitted to the Planning Commission,
drawn in a manner acceptable to the Circuit Court's Clerk. When
more than one sheet is required to include the entire subdivision,
all sheets shall be made of the same size and shall show appropriate
match lines on each sheet and appropriate references to other sheets
of the subdivision. A location map indexing each of the sheets shall
be submitted to the Planning and Codes Department and kept on file.
The plat's scale shall be at one inch equals not more than 100
feet. The applicant shall also submit 12 prints of the plat and a
digital final plat of the subdivision, including only lot boundaries,
roads, and rights-of-way lines, easement areas, and public utilities
line work in DXF format compatible with a geographic information system
(GIS) and utilizing NAD83 coordinate system. Points of beginning coordinates
shall tie to official state coordinates to enable alignment with existing
Town GIS data.
(3)Â
The accurately positioned North arrow shall be placed on the plat.
(4)Â
All plat lines shall be by horizontal (level) measurements. Enlargement
of portions of a plat is acceptable in the interest of clarity, where
inserts are shown on the same sheet.
(5)Â
Where a curved line forms a boundary, actual survey data from the
point of curvature to the point of tangency shall be shown as standard
curve data or as a traverse of bearings and distances around the curve.
If standard curve data is used, the bearing and distance of the long
chord (from the point of curvature to the point of tangency) must
be shown on the face of the plat.
(6)Â
Where a subdivision of real property is set out on the plat, all
streets, easements, and lots shall be carefully plotted with dimension
lines indicating widths and all other information pertinent to reestablishing
all lines in the field, including bearings and distances sufficient
to form a continuous closure of the entire perimeter.
(7)Â
Permanent reference monuments, shown on the plat, shall be placed.
Such permanent reference monuments shall be stone or concrete at least
30 inches in length and four inches square with suitable center points
and shall be set flush with the ground and finish grade. Concrete
monuments shall be placed on road rights-of-way where street direction
changes; at all intersections of streets; at all intersections of
streets and alleys with subdivision boundary lines; at all points
on boundary lines where there is a change in direction or curvature.
The Town shall approve all locations. All monuments shall be in place
when finish grading is completed. Monuments shall be placed at all
block corners and angle points required by the Town Engineer, who
shall also approve the material, size, and length of such monuments.
A Maryland registered land surveyor shall set monuments, and their
geographic position system (GPS) coordinates marked on the plat. It
shall be the developer's responsibility to have these monuments
placed before the acceptance of the streets by the Town of Denton
and shall be guaranteed in the public works agreement. The developer
shall be responsible and pay all costs necessary to replace any Town
grid monuments or control points disturbed by his development activities.
Replacements shall be done by a Maryland registered surveyor to place
such monuments accurately. Such payment to restore any monuments is
to be secured by a public works agreement.
(8)Â
If the Planning Commission disapproves the final plat, the applicant
shall be furnished with a written statement of the reasons for the
disapproval.
(9)Â
Approval of a final plat is contingent upon the plat being recorded
within six months after the Planning Commission or its designee signs
the approval certificate. The subdivider will furnish copies of the
recorded plat to all applicable county and state agencies, as directed
by the Town. If the final plat is not recorded within six months,
the Planning Commission's approvals will become null and void.
(10)Â
Street and development names shall not be the same nor closely approximate,
phonetically or in spelling, to the name of any other street in Denton
or the Denton Fire Company's jurisdiction and shall meet Caroline
County Emergency Services' 911 addressing protocol.
(11)Â
For subdivisions in the Critical Area, accurate outlines (metes and
bounds, where required) of the following:
(a)Â
Any common or reserved areas or portions of lots to be maintained
by covenant, easement, or similar approved instrument, in permanent
forest cover, including existing forest areas, reforested areas, and
afforested areas.
(b)Â
Any areas to be maintained for resource protection use (e.g.,
agriculture, natural parks, forest, etc.).
(c)Â
Any areas to be maintained as permanent wildlife and plant habitat
protection areas.
(12)Â
In addition to the information above, the preliminary plan shall
be accompanied by the following when the subdivision or development
is proposed in the Critical Area, as required:
(a)Â
A planting plan reviewed by and addressing the comments of the
Maryland Forest Service.
(b)Â
A habitat protection plan, including the comments of the Maryland
Fish, Heritage and Wildlife Administration, the Water Resources Administration,
and other agencies, as appropriate.
(c)Â
Stormwater management plan.
(d)Â
Sediment and erosion control plan.
(e)Â
Shore erosion protection plan, if applicable.
(f)Â
Natural park management plan, if applicable.
(g)Â
An environmental impact assessment that provides a coherent
statement of how the proposed development addresses the Denton Chesapeake
Bay Critical Area Program's goals and objectives. At a minimum,
the environmental impact assessment shall include:
[1]Â
A statement of existing conditions (amount and type of forest
cover, wetlands, existing agricultural activities, soil types, topography,
etc.);
[2]Â
Description of the proposed development project, including number
and type of residential and commercial units, amount of lot coverage,
proposed sewer treatment, and water supply, acreage devoted to development,
proposed open space, and habitat protection areas;
[3]Â
A description of the proposed development's impacts on
water quality and habitat protection areas; and
[4]Â
Documentation of all correspondence and findings.
(h)Â
Total area of the subdivision to be recorded and, where density
restrictions apply, the acreage dedicated to development.
(i)Â
Total area of subdivision or parcels to be recorded in the Critical
Area.
(j)Â
Total number of lots in the Critical Area.
(k)Â
Residential density in the Critical Area.
[1]
Editor's Note: Appendix 1, Basic Information Required with Subdivision Plats and Plans, is included as an attachment to this chapter.
C.Â
Certificates and supporting statements. Accompanying the final plat
and made a part thereof shall be the following certificates and statements:
(1)Â
Notarized owner's certificate, acknowledging ownership of the
property, and agreeing to the subdivision thereof as shown on the
plat, and signed by the owner or owners and any lienholder.
(2)Â
Notarized owner's statement of dedication, offering all streets,
alleys, and other public ways and public grounds for dedication, and
constituting an irrevocable offer to dedicate for not less than five
years from the date of filing the final plat with the Planning Commission.
(3)Â
Certificate of the surveyor that the final plat, as shown, is a correct
representation of the survey as made, that all monuments indicated
thereon exist and are correctly shown, and that the plat complies
with all requirements of this chapter and other applicable laws and
regulations.
(4)Â
A summary of deed restrictions applicable within the subdivision,
including any trust agreements for the operation and maintenance by
the property owners in the subdivision of any sewage disposal system,
water supply system, stormwater management facility, park area, or
other physical facilities which is of common use or benefit but which
is not to be held in public ownership.
(5)Â
Certificate of approval by the Health Officer of the means of providing
water supply and sewage disposal services for the subdivision.
(6)Â
Certificate of approval by the Town Engineers that all specifications
established by the developer are per Town specifications and desires.
(7)Â
Certificate of approval by the Sediment Control Officer that the proposed subdivision is in conformance with Chapter 49, Erosion and Sediment Control.
(8)Â
Certificate of approval by the Planning Commission, ready for signature
and in a form acceptable to the Planning Commission.
(9)Â
Certificate of approval by the Critical Area Commission for any required
growth allocation.
(10)Â
Certificate of approval by the Director of Planning and Codes and
Public Works.
A.Â
General.
(1)Â
Unless expressly indicated otherwise, this section's provisions
shall apply only to major subdivisions and multifamily development
projects.
(2)Â
The Planning Commission shall review all subdivisions and site plans
to determine whether existing or planned public facilities are adequate
to serve the subdivision's needs. If the Planning Commission
determines that adequate public facilities do not exist or will not
be available when required, it may deny site plan and/or plat approval.
(3)Â
Public facilities that may be considered under this section include,
but shall not be limited to, sewer, water, roads, drainage, schools,
fire protection, and solid waste collection and disposal.
B.Â
Sewer.
(1)Â
The proposed development shall be served by an adequate public sewerage
system.
(2)Â
A public sewerage system shall be considered adequate if, taking
into account demands generated or projected to be generated by existing
connections, buildings under construction that will be connected to
the system, buildings unconnected but required by law to connect to
the system, buildable approved lots for which building permits have
not been issued in active developments served by the system, other
buildable approved lots adjusted for the degree of inactivity, application
of any water and/or sewer rules and regulations, and other proposed
developments to be served by the system for which sewer allocation
has been approved:
(a)Â
Lateral systems to serve the proposed development are designed
to accommodate expected ultimate peak flows from the development;
(b)Â
Interceptors to serve the proposed development have sufficient
available capacity to accommodate ultimate peak gravity flows from
the development with adjustment for pump flows, where applicable;
(c)Â
Pumping stations and force mains in the service area have sufficient
available capacity to accommodate expected ultimate peak flows from
the proposed development; and
(d)Â
Treatment plants in the service area have sufficient available
capacity to accommodate expected peak flows from the proposed development
for the hydrologic system and average daily flows from the proposed
development for the treatment process.
(3)Â
The calculations required by Subsection B(2) of this section shall be based upon criteria specified in the Comprehensive Water and Sewerage Plan and the Water Resources Element of the Comprehensive Plan.
(4)Â
A public sewage system shall also be considered adequate if the Town has awarded, or the developer has posted bond satisfactory to the Town, a contract for the construction or improvement of the facilities necessary to comply with the requirements of Subsection B(2) of this section and the facilities will be available for use before the issuance of the first building permit for development.
C.Â
Water.
(1)Â
The proposed development shall be served by an adequate public water
supply system.
(2)Â
A public water supply system shall be considered adequate if, taking
into account demands generated or projected to be generated by existing
connections, buildings under construction that will be connected to
the system, buildings unconnected but required by law to connect to
the system, buildable approved lots for which building permits have
not been issued in active developments served by the system, other
buildable approved lots (adjusted for the degree of inactivity), and
other proposed developments to be served by the system for which final
plats have been approved:
(a)Â
Source facilities in the service area have sufficient available
capacity to provide maximum day demand to the proposed development;
(b)Â
Storage tanks in the service area have sufficient available
capacity to provide peak hour demand in addition to fire flow to the
proposed development;
(c)Â
Local pumping stations to provide water to the proposed developments
have sufficient available capacity to provide maximum day demand where
storage facilities are available on the discharge side or have sufficient
capacity to provide for fire flow where storage facilities are not
available on the discharge side; and
(d)Â
The distribution system can provide normal required pressure
and minimum residual pressure to the proposed development under fire
flow for the type of development planned.
(3)Â
A public water supply system shall also be considered adequate if the Town has awarded a contract for the construction or improvement of the facilities necessary to comply with the requirements of Subsection C(2) of this section, and the facilities will be available for use before the issuance of the first building permit for development.
D.Â
Roads.
(1)Â
All development shall have access from a public road adequate to
meet existing and projected traffic loads. Off-site road access shall
not be hazardous or unsafe by virtue of inadequate site distances,
width, vertical alignment, horizontal alignment, drainage, surfacing,
grades, or cross sections.
(2)Â
Where access is from an inadequate public road, no final plat or
site plan shall be approved unless and until one of the following
is met:
(a)Â
The road is improved by the Town, county, or state or programmed
for improvement during the next year's construction program;
or
(b)Â
The developer has elected to place funds in an escrow account
to improve the road. The amount of the developer's contribution
shall be determined by the Town, with consideration to the Engineer's
estimate of the construction cost, the existing average daily traffic
count on the road, the estimated traffic volume to be generated by
the development upon build-out, and the location of the development
with respect to other segments of the Town roads system.
(c)Â
The developer may be required to prepare a traffic impact study
to satisfy this section's requirements.
E.Â
Stormwater management.
(1)Â
All developments shall have appropriate stormwater management facilities to effectively and efficiently address stormwater requirements as required by Chapter 106, Stormwater Management, and provide drainage for roads and all lots.
(2)Â
The Town Engineer shall advise the Planning Commission on the proposed
stormwater management facilities' adequacy.
G.Â
Fire protection.
(1)Â
Fire protection services and facilities for the area in which the
development is located shall be adequate to protect the residents'
lives and property.
(2)Â
Where it deems necessary, the Planning Commission shall request an
evaluation from the appropriate authority regarding the fire protection
services and facilities' adequacy.
H.Â
Solid waste.
(1)Â
Solid waste collection facilities serving the area in which the development is located shall be adequate to handle the additional waste generated by the development residents. Refer to Chapter 64.
(2)Â
If solid waste collection facilities are determined to be inadequate,
the Planning Commission may require the developer to provide the necessary
facilities.
A.Â
Variances. Where, in the case of a particular proposed subdivision, it can be shown that strict compliance with the requirements of this chapter would result in extraordinary hardship to the subdivider because of unusual topography or other conditions that are not self-inflicted, or that these conditions would result in inhibiting the achievement of the objectives of these regulations, and except where expressly allowed, the Board of Appeals as established in § 128-163 of the Denton Zoning Ordinance may grant a variance from the requirements so that substantial justice may be done and the public interest secured; provided, however, that such variance will not have the effect of nullifying the intent and purpose of this chapter or being contrary to the goals and objectives of the Comprehensive Plan for the Town. In no case shall any variance be more than a minimum easing of the requirements. In no instance shall it result in any conflict with the proposals of the adopted Comprehensive Plan for the Town or the applicable zoning regulations.
B.Â
Approval of modifications and exceptions. In granting a variance,
the Board may require such conditions as will, in its judgment, substantially
secure the objectives of the requirements so varied, modified, or
waived.
A.Â
Request for revisions. A revised plat may involve one or more revisions
of any existing subdivision of land or recorded subdivision plat recorded
whereby no additional lots are created. A revision request shall be
determined by the Director of Planning to be either major or minor.
In no case shall a revised plat result in creating a nonconforming
situation or worsening an existing nonconforming situation.
B.Â
Examples of revisions.
(1)Â
Major revisions. Examples of major revisions may include but are
not limited to relocation or elimination of any public or private
road; relocation or adjustment of acreage for any commonly owned open
space areas or any reserved lands; or revisions of lot lines that
significantly affect the overall layout of the subdivision.
(2)Â
Minor revisions. Examples of minor revisions may include but are
not limited to the correction of the minor plat or surveying errors,
minor changes to plat notations, or changes to lot lines that do not
significantly affect the subdivision's overall layout.
C.Â
Procedure for major revisions. In the case of a major revision, the
application, review, and approval process for minor or major subdivision
approval shall be followed as determined by the Director of Planning.
The Director of Planning shall also determine the specifications for
application documents to be submitted. At a minimum, the revised plat
shall clearly show all property lines to be abandoned and any other
requested revisions or changes to the existing approved plat. An application
fee shall also be required as determined by a fee schedule adopted
by the Town Council.
D.Â
Procedure for minor revisions. In the case of a minor revision, the
following application, review, and approval process shall be followed:
(1)Â
The application shall be made on the Planning Commission review application
form available at the Planning and Codes Office.
(2)Â
The application shall be accompanied by an adequate number of paper
copies, as determined by the Director of Planning, of the revised
plat that clearly shows all property lines to be abandoned, all new
property lines, and any other revisions or changes from the existing
situation or existing approved subdivision plat.
(3)Â
The application shall be accompanied by all other information, plans,
and drawings as determined by the Director of Planning.
(4)Â
Upon submission of a completed application, the Director of Planning
shall review the application and may refer the application to other
county, state, and federal agencies, as applicable, for review, comment,
and approval. If the minor revision will impact an existing or approved
water or sewer allocation (or private well or septic system) or change
the size of an existing lot, the County Health Department shall review
the plat. If the minor revision will impact an existing or approved
road or street, the Town Engineer shall review the plat. In most other
cases, only the Director of Planning is required to review the plat.
A.Â
The Town Council may, from time to time, amend, supplement, or change,
by ordinance, the regulations herein established. Any such amendment
or change may be initiated by the Town Council or by the Planning
Commission. Before acting on any proposed amendment or change, the
Town Council shall submit the same to the Planning Commission for
its recommendations and report. Failure of the Planning Commission
to report within 60 days after its first meeting after the proposal
being referred shall be deemed approval by the Planning Commission.
B.Â
Before approving any proposed amendment or change, the Town Council
shall hold a public hearing thereon.
A.Â
Whoever, being the owner or agent of the owner of any land located
within the jurisdiction of these regulations, knowingly, or with intent
to defraud, transfers or sells or agrees to sell or negotiates to
sell any land by reference to, or exhibition of, or by other use of
a plat of land subdivision, before such plat has been approved by
the Planning Commission and recorded or filed in the office of the
Clerk of the Circuit Court, shall forfeit and pay a penalty of not
more than $1,000 for each lot or parcel so transferred or sold or
agreed or negotiated to be sold, and the description of such lot or
parcel by metes and bounds in the instrument of transfer or other
document used in the process of selling or transferring shall not
exempt the transaction from such penalties or the remedies herein
provided. The Town Council may enjoin such transfer or sale or agreement
by action for injunction brought in any court of equity jurisdiction
or recover said penalty by civil action in any court of competent
jurisdiction.
B.Â
Every act or omission in violation of this chapter shall be punishable
as provided herein. Where such an act or omission is continuing, each
day during which such an act or omission continues shall be deemed
a separate misdemeanor.
Any person aggrieved or any officer, department, board, or bureau of the Town affected by any decision of the Planning Commission, Director of Planning, or Town Engineer, may, within 30 days after the decision appealed from, appeal such decision to the Denton Board of Appeals under the terms and provisions outlined in Chapter 128, Zoning, of the Denton Town Code.