A. 
Purpose. This Part 1 is to establish measures and requirements for the subdivision of parcels of land and to establish procedures by which these requirements and measures are to be administered and enforced. The purpose of this Part 1 is to help ensure the orderly development of the County in accord with the County Comprehensive Plan and to provide for adequate community facilities in newly developing areas.
B. 
Authority. This Part 1 is adopted under authority of and in compliance with the provisions of Article 66B of the Annotated Code of Maryland.
C. 
Jurisdiction. This Part 1 shall apply to the unincorporated area of Allegany County.
D. 
Municipal proximity. In case the proposed subdivision or part thereof is adjacent to the corporate limits of any municipality which has adopted subdivision regulations, a copy of the preliminary plat shall be referred to the municipal authorities for their information.
As used in this Part 1, the following terms shall have the meaning indicated. (Also see Part 4, § 360-59, for definitions.)
BUILDABLE LOT
See § 360-19C(2), (3) and (4) for buildable sites.
COMAR 26
Code of Maryland Regulations, Title 26, Department of the Environment, Regulation of Water Supply, Sewage Disposal and Solid Waste. All references to wells, septic systems, community water or sewage systems or public or major water or sewage systems are to be in conformance with the provisions of COMAR 26.04.02-04.
COMPREHENSIVE PLAN
The County Comprehensive Plan as adopted, updated, or amended and any part of such plan.
COUNTY ENGINEER
An employee of the County having responsibility for reviewing plats and improvement plans for their conformity to the engineering requirements of the Subdivision Regulations and § 73-1 of the latest edition of the Code of Allegany County.
DEVELOPER
See "subdivider."
EASEMENT
A privately or publicly owned strip of land on which limited access is provided to a unit of government, private company or individual, for one or more specific purposes, without including title to the land. Easements do not necessarily permit public access to the right-of-way.
EASEMENT, SCENIC, CONSERVATION OR PRESERVATION
An agreement with a government body or private organization, whereby a property owner agrees to preserve the land as is or to prohibit certain types of uses on the land. Such an agreement does not necessarily permit public access to the property.
IMMEDIATE FAMILY
Limited to husband, wife, mother, father, son, daughter, brother, sister, stepparents, stepchildren, stepbrother or sister and grandparents or grandchildren.
LOT
A contiguous area of land separated from other parcels of land by a boundary which is described on a subdivision plat or deed and, where necessary, properly approved by the Planning Commission and properly recorded with the Clerk of the Circuit Court; also includes the following meanings: parcel, tract or plot of land.
LOT AREA
The total horizontal area of a lot as determined by the closure of the rear, side and front lot lines but does not include area lying within a publicly dedicated right-of-way.
LOT DEPTH
The distance between the front and rear lot lines.
LOT, DOUBLE-FRONTAGE
A lot extending through the block from one street or right-of-way to another.
LOT LINES
Lines of survey described in a recorded deed, subdivision plat or other instrument.
LOT OF RECORD
A lot or parcel of land separated from other parcels of land by a boundary which is described in a deed, subdivision plat, survey map or other description which was recorded with the Clerk to the Circuit Court prior to the effective date of the State Subdivision Regulations, March 3, 1972. Where a more recent deed describes a number of lots of record which were merged into one parcel, then the newly described parcel becomes the lot of record.
LOT SPLIT
A portion of an existing lot or parcel which is transferred to an adjacent parcel. (See § 360-12, Lot splits.)
LOT WIDTH
The distance between the side lot lines measured at the front lot line on a public right-of-way.
MAJOR HIGHWAY OR ROAD PLAN
The County Comprehensive Plan for highways, including standards, specifications, as noted in the Comprehensive Plan, and other documents and maps.
PLANNED DEVELOPMENT
Includes mobile home parks, multifamily housing, condominiums, townhouses, cluster residential developments, industrial parks, shopping centers, neighborhood convenience centers, campgrounds and resorts, having water and/or sewer systems and an internal road system maintained by the developer or his assigns.
PLANNING COMMISSION
An appointed body created by the County Commissioners having authority to approve subdivision plats.
PLANNING DIRECTOR
An employee of the County having responsibility for reviewing plats for their conformity with the Subdivision Regulations.
PLATTED STREET
A public right-of-way so designated on a recorded plat.
REMAINDER TRACT
That portion of a parcel remaining after any portion of the original parcel has been subdivided into one or more new lots.
SETBACK
A specified distance which a building or use must be from adjacent lots, rights-of-way, easements, stream channels or wetlands.
SEWER SYSTEM
Sewer systems include community systems and major systems as defined by state regulation in COMAR 26.04.03 and 26.04.04.
STATE
Includes the Maryland Department of the Environment, the Allegany County Health Department and the Health Officer for Allegany County.
STREET
A way for vehicular traffic whether designated as a street or highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise designated. A public street is one that has been dedicated to public use. A publicly maintained street is one that has been accepted for maintenance by the County or other governmental agency. Types of streets are:
A. 
PRINCIPAL ARTERIALS
(1) 
Serve interstate and intrastate travel.
(2) 
Serve as major truck routes.
(3) 
Have fully controlled limited access.
(4) 
Connects Allegany County with major population centers (greater than 50,000).
B. 
MAJOR ARTERIALS
(1) 
Serve interstate, intrastate and intracounty travel.
(2) 
Serve as truck routes.
(3) 
Partially controlled access.
(4) 
Connects population centers within Allegany County and smaller population centers (less than 50,000) outside the County.
C. 
MINOR ARTERIALS
(1) 
Serve intracounty travel.
(2) 
Connect principal and major arterials, particularly in urbanized areas.
(3) 
Partially controlled access. Connect small population centers with major towns inside the County.
D. 
COLLECTOR
[Added 10-10-2002 by Bill No. 8-02,[1] effective 11-24-2002]
(1) 
Serve intracounty travel in the urban and rural areas of the County.
(2) 
Connects streets and roads to minor arterials, more particularly in major subdivisions and industrial parks.
(3) 
Access controlled by lot width of the permitted use.
E. 
LOCAL STREETS
(1) 
Serve intracounty travel in the urban areas of the County.
(2) 
Access controlled by lot width of the permitted use.
(3) 
Tie residential traffic with collectors and with other roads and streets.
F. 
OTHER NONURBAN ROUTES
(1) 
Serve intracounty travel outside the urban areas of the County.
(2) 
Partially controlled access.
(3) 
Serve agricultural uses, forests, parks and isolated residences.
G. 
HARD-SURFACED STREET: Any road or street built to County or state standards and surfaced with asphalt, cement, bituminous concrete or tar and chips and which has been accepted for maintenance into the County- or state-maintained system.
SUBDIVIDER
The person who creates new lots or parcels; also called "owner," "developer" and "applicant."
SUBDIVISION
Any land which is divided or proposed to be divided into one or more new lots, parcels, sites or plots for the purpose of transfer, sale or building development or resubdivision. (See §§ 360-10 and 360-13 for definitions of minor and major subdivisions, respectively.)
VARIANCE
A modification to the requirements of this Part 1 which must be decided by the Planning Commission.
WATER SYSTEM
Includes community systems and major systems as defined by state regulation in COMAR 26.04.03 and 26.04.04.
ZONING ORDINANCE
The Allegany County Zoning Ordinance, Part 4 of this chapter, as adopted or amended, or any part thereof.
[1]
Editor's Note: This bill also redesignated former Subsections D through F as E through G, respectively.
A. 
Variance. The Planning Commission may vary the principles and standards of subdivision design in the case of unusual physical conditions; provided, however, that no modifications shall be granted which would conflict with the Comprehensive Plan of Allegany County or with the intent and purposes of these regulations.
B. 
Exemptions.
(1) 
Property transfers subject to federal or state control are exempt from the provisions of this Part 1.
(2) 
This Part 1 shall not apply to the transfer of land for public utilities' structures or essential services as defined in § 360-59 of Part 4, the County Zoning Ordinance.
Fees to partially cover the cost of reviewing the plats and plans and other documents required herein and for recording the final plat shall be collected at the time of submission in accordance with such schedule of charge as may be adopted by the County Commissioners and amended from time to time.
A. 
Any person who violates these regulations shall be subject to the penalties prescribed in Article 66B of the Annotated Code of the State of Maryland.
B. 
In addition, the County may also institute injunction, mandamus or other appropriate action or proceedings at law or equity for the enforcement of violations or to correct violations, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions or mandamus or other appropriate forms of remedy or relief.
The Allegany County Subdivision Regulations adopted September 25, 1981, and all amendments are repealed as of the effective date of these regulations.
Any plat approved and recorded under the authority of previously adopted Subdivision Regulations remains valid. Any plat or deed recorded prior to the adoption of County Subdivision Regulations under the authority of then existing laws remains valid.