A.
Minor subdivision definition.
(1)
The division of a parcel of land into a number of lots, at one time
or over a period of time, according to the following formula and criteria
shall be considered a minor subdivision. When the number of lots being
created exceeds that allowed by the criteria, then any further subdivision
shall be as a major subdivision.
(2)
Lots dedicated to recreational use shall be labeled "for nonresidential
recreational use only" and do not count as one of the lots allowed
in a minor subdivision.
B.
Minor subdivision requirements. It shall be the subdivider's responsibility
to assure that the proposed lots meet the criteria of § 9-206
of the Environment Article of the Annotated Code of Maryland, for
wells, septic systems, water systems or sewage systems. It shall be
the subdivider's responsibility to assure that the proposed lots have
direct access from the lot to a right-of-way dedicated to public use.
[Amended 11-8-2012 by Bill No. 8-12, effective 12-24-2012]
(1)
Water and sewer requirements. Subject to the provisions of § 9-206
of the Environment Article of the Annotated Code of Maryland, minor
subdivisions may be created using private wells and septic systems
or a combination of public utilities and private systems. Under Maryland
subdivision regulations, the state may require the extension of both
public water and sewer within a sanitary district or within 1,000
feet of existing utility lines. Where lots have access to publicly
maintained utilities, minor subdivision plats will contain a note
stating that utilities will not be accepted for maintenance by the
County until the utilities are installed to County standards.
(2)
Roads and rights-of-way requirements.
(a)
Minor subdivisions may be created where lots have access to
publicly maintained roads or streets or to non-publicly-maintained
rights-of-way dedicated to public use. Minor subdivision plats will
contain a note stating that the public rights-of-way dedicated thereon
which are not in the County- or state-maintained system will not be
accepted for maintenance by the County until the roads or streets
are built to County standards.
(b)
When lots are on rights-of-way beyond County maintenance, the
subdivider shall also be responsible for grading this right-of-way
to County' sediment and erosion standards to each lot and shall be
responsible for stormwater management related to road grading or utility
installation within the subdivision.
C.
Minor subdivisions.
[Amended 11-8-2012 by Bill No. 8-12, effective 12-24-2012]
(1)
All parcels in any zoning district which were recorded previous to March 3, 1972, may be subdivided into seven lots or less, including the remainder or original parcel, in conformance with the criteria listed in Article V. However, no more than five lots may be created from any parcel on any right-of-way beyond County or state road maintenance.
(2)
In a case in which a developer wishes to create lots which cross
the boundaries of adjoining parcels existing prior to March 3, 1972,
the Planning Commission may grant approval to allow more than seven
lots or portions of lots in any existing parcel, provided that the
total number of lots created does not exceed seven lots per existing
parcel.
(3)
It is the intent that this definition of "minor subdivisions" shall
be applicable for the purposes of § 9-206 of the Environment
Article of the Annotated Code of Maryland.
D.
Preliminary plat conference. Each applicant for a minor subdivision
or his agent shall schedule a conference with the County to discuss
the plat preparation and approval process prior to submitting a plat
for review. The County will provide information and advice concerning
the review procedure and provide coordination for the plat review
and approval. The County will not, however, undertake to design the
subdivision or perform any service for which a qualified surveyor
should be engaged.
E.
Preliminary plat for minor subdivisions. Following the preliminary plat conference, the subdivider shall prepare a preliminary plat of the proposed subdivision or section of the subdivision, conforming with the requirements set forth in Article V, Design Standards. The appropriate number of prints of the plat shall be filed at the office of the Planning Commission prior to agency review.
F.
Review procedure. The preliminary plat will be checked as to its conformity with Part 4, Zoning, of this chapter and pertinent features of the Comprehensive Plan and the principles, standards and requirements herein set forth. Copies will be referred to any other County or state officials concerned with public improvements or health requirements for their recommendation or other appropriate action. When necessary, corrected versions of the preliminary plat will be required for further review.
G.
Improvement installation in minor subdivisions. In the event that utility systems, publicly maintained roads or other improvements are extended in a proposed minor subdivision, it will be the developer's responsibility to provide these improvements to County procedure and standards set forth in § 360-16 and Article V.
A.
If the Planning Commission, acting through the Planning Director,
is satisfied that the proposed subdivision is not contrary to applicable
provisions of these regulations or any other law or ordinance, it
will, after approval and signature of the County Health Officer, the
County Engineer and any other applicable agency head, approve such
subdivision and have the plat signed and dated by the Planning Director.
The County Engineer's approval of the plat does not constitute acceptance
of roads or utilities into the County system for maintenance.
B.
Following approval by all agencies, the Planning Commission shall
file (at the applicant's expense) two Mylar-based prints for record
with the Clerk of the Court of Allegany County and shall distribute
prints to other approving agencies, one to the Supervisor of Assessments
and one to the Planning Commission files. One signed copy shall be
returned to the applicant or his agent.
When an existing lot, regardless of its size, is to be split into two adjacent lots and ownership is to be transferred to adjacent lot owners or when part of an existing lot is transferred to an adjacent lot owner, no subdivision plat will be required unless a dwelling unit is to be placed on one of the parcels being transferred. Should a dwelling unit be placed on one of the transferred parcels either at the time of the lot split or at some future time, then the lot split will be treated as a subdivision. In any case, a copy of the deed or survey of the lot involved shall be submitted to the Planning Commission for its files. If a lot split results in the creation of a remainder tract, this tract must meet the criteria set forth in § 360-8D.
