Wicomico County, MD Minimum Design Standards

If tentative plans or a preliminary plat have been adopted or approved by the Planning Commission for all or any part of an area included within the proposed subdivision, the streets and roads therein shall give due consideration to such tentative plans.

The preliminary plat shall include a tabular summary of the linear and square footage of new streets proposed and the linear and square footage of streets proposed for street widening and the width of all such widenings.

Relationship to adjoining street system. The proposed street systems shall extend existing streets or roads as required by the Planning Commission. All such streets shall be improved at the same or greater width, but in no case less than the required minimum width established by this chapter for the type of street proposed.

Functional classification and street widths. The minimum width of the right-of-way, measured from lot line to lot line of all proposed streets or roads shall be as shown on the applicable portion of the Comprehensive Plan, area plans or sector plans, the County's approved functional classification map or, if not shown on such plans, as designated by the Planning Commission. All such roads shall be not less than described as follows:

Collector systems; general description.

Collector streets serve the function of moving traffic from local streets, providing limited access to abutting land and providing for the movement of traffic to arterial highways or important traffic generators. Route continuity should be encouraged. Wherever possible, existing street patterns and major traffic generators should be recognized as integral parts of the system and all proposed roads designed accordingly. Improvements to existing County roads should be made consistent with these functional classification standards.

Normally, rights-of-way from 50 to 60 feet are sufficient for providing limited access to abutting properties and moving traffic. Due to the nature of adjoining land uses or the volume of traffic to be served, however, collector streets may be designed to provide service for specialized functions such as commercial, industrial or high-density residential activities. In such cases, the right-of-way may be as wide as 80 feet.

The County's collector network includes two types: a major collector system and a minor collector system, specifically defined and required as follows:

Major collector.

[a]

The purpose of a major collector street is to carry relatively large volumes of primarily local traffic from major development centers in the County to the closest arterial street or a local traffic destination.

[b]

A major collector shall have a minimum right-of-way of 56 feet but could include a right-of-way as wide as 80 feet if recommended by the Director of Public Works and approved by the Planning Commission. Moving traffic lanes should be approximately 12 feet wide. The improved portion of the street shall be a minimum of 36 feet curb-to-curb. Where a median strip is provided or required, both the improvement and right-of-way widths shall be as recommended by the Director of Public Works and approved by the Planning Commission.

[c]

On-street parking would be discouraged and limited. Sufficient space should be left at the outer edge of the right-of-way for future road widening and installation of drainageways, sidewalks or utilities. Lot-by-lot driveway access would be controlled and limited so as to minimize friction points along the road. Properly located, major collectors can separate conflicting land uses.

[d]

Streets planned for commercial or industrial areas shall be classified as major collectors with a minimum right-of-way of 60 feet and be improved to 40 feet curb-to-curb.

Minor collector. The basic purpose of a minor collector street is to collect traffic from primarily local activity centers in order to provide access to major collector streets. A minor collector would also provide direct access to adjoining land uses.

[a]

Closed section (street with curb and gutter). A minor collector shall have a minimum right-of-way of 50 feet and be improved to a minimum of 30 feet curb-to-curb. The remaining right-of-way should be used for grass plot, road widenings, sidewalks or utility extensions, if necessary. A minor collector may include the principal street serving a subdivision. Upon recommendation of the Director of Public Works and approval of the Planning Commission, a minor collector serving the interior of a subdivision may have a forty-foot right-of-way with a five-foot reservation for future road widening, sidewalks, utilities or drainageways on each side of the right-of-way.

[b]

Open section (streets with side ditches and no curb and gutter). Rural streets or roads shall have a minimum right-of-way of 60 feet along with necessary slope easements and shall be improved to a rural section as per Wicomico County construction standards. Rural streets or roads are those where only large lots are planned with approximately one acre or more in size with one-hundred-fifty-foot minimum frontage. Any such open section rural road shall be only as approved by the County, but all existing County roads with no curb and gutter shall be considered rural.

[Amended 6-13-1990 by Bill No. 1990-11; 10-17-2006 by Bill No. 2006-11]

Local street system.

The most extensive part of the County's highway network consists of its local streets which have the primary purpose of providing direct access to adjoining properties. A secondary purpose is to provide linkages with minor collector streets.

The local street pattern should be planned so that through traffic is discouraged. The intent of the local system is to provide immediate access to property and the movement of traffic to a minor or major collector. Therefore, the careful design of local streets should encourage the exclusiveness of residential areas. Local streets should have a minimum right-of-way of 36 feet with a five-foot reservation on each side of the right-of-way for future road widening, sidewalks, utilities or drainageways. All such streets shall be improved to a minimum of 26 feet from curb to curb and be constructed in accordance with Wicomico County road construction standards.

The following specific types of roads are classified as local streets:

Local residential streets: 36 feet of right-of-way improved to a minimum of 26 feet curb-to-curb. Minor streets are those which are used primarily for access to the abutting residential properties and are designed to discourage their use by through traffic.

Marginal access streets: 36 feet of right-of-way improved to a minimum of 26 feet curb-to-curb. Marginal access streets are minor streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.

[3]

Dead-end streets (cul-de-sac streets). Minor streets or courts designed to have one end permanently closed shall be no more than 1,200 feet long unless necessitated by topography, with a right-of-way of 36 feet and improved to a minimum of 26 feet curb-to-curb. They shall be provided at the closed end with a turnaround having an outside roadway radius of at least 40 feet and a street right-of-way radius of at least 45 feet. All such turnarounds shall provide a five-foot reservation for road widening, sidewalks, utilities or drainage. Upon recommendation of the Director of Public Works, an alternative turnaround design may be approved by the Planning Commission.

[4]

Dead-end streets (longer than 1,200 feet). A dead-end street which is longer than 1,200 feet shall be considered a minor collector and as such shall be constructed as a minor collector. All such dead-end streets shall be provided at the closed end with a turnaround having an outside roadway radius of at least 40 feet and a street right-of-way radius of at least 45 feet. All such turnarounds shall provide a five-foot reservation for road widening, sidewalks, utilities or drainage. Upon recommendation of the Director of Public Works, an alternative turnaround design may be approved by the Planning Commission.

[Amended 10-14-1991 by Bill No. 1991-14]

[5]

Loop streets. A loop street is a public accessway with its entrance point and exit point on the same street or road which is not a part of the loop street. All such loop streets shall be limited to 2,400 feet in length with 36 feet of right-of-way and improved to a minimum of 26 feet from curb to curb. The entrance point and exit point of any loop street shall be separated by a linear distance of 1,000 feet. If the loop street is the only street providing access to the subdivision, the proposed loop street may be classified as a minor collector and constructed in accordance with the standards for a minor collector. Any loop street proposed which does not meet the design standards as stated shall be as recommended by the Director of Public Works and approved by the Planning Commission.

The right-of-way width of all streets, as set forth above, shall include, except where specifically not required by this chapter, the paved portion of said street, the shoulder areas, gutter and curb areas, future road widenings, utilities, drainageways and sidewalk areas. Wicomico County shall not, under any circumstances, be obligated to construct said curb, gutter or sidewalk at public expense. However, this section shall not prevent the developer from placing the sidewalk area in a reservation strip outside of the street bed, provided that said street bed is of the minimum width hereinbefore set forth and provided further that the sidewalk area outside the street bed is properly shown on said plat and is uniform in location the entire length of said street or streets.

Right-of-way width modifications.

In the cases where topography or other physical conditions make a street of the required minimum right-of-way width impracticable, the Planning Commission, upon the recommendation of the Director of Public Works, may modify the above requirements.

In commercial and industrial areas, the street rights-of-way may be increased to a maximum of 80 feet, upon the recommendation of the Director of Public Works and with the approval of the Planning Commission, to provide parking without interference of normal passing traffic.

Future street extensions.

Where, in the opinion of the Planning Commission, it is desirable to provide for coordinated continuous street access to adjoining property, a proposed street shall be extended by dedication to the boundary of such property.

Where the proposed street extension is not longer than the depth of one proposed lot, the following shall apply:

In order not to give the physical appearance of a corner lot, these street rights-of-way need not be cleared and the streets need not be constructed by the subdivider.

The plat will clearly indicate that these streets shall be for future access to adjoining properties and shall be constructed by the subdivider of the adjoining property at the time of development of that property.

At no time shall the County be responsible for the construction of these streets. No such future streets shall be maintained by the County until such time as the streets are constructed by the subdivider and accepted into the County road system.

(d)

No direct driveway access to the future street extension shall be provided for any lots adjoining such future street extensions until the street has been constructed and accepted into the County road system.

(e)

In a proposed subdivision which is required to provide future street extensions, the property owner shall enter into an agreement by which a common owners' association will be formed and will be responsible for the maintenance of the area designated as reserved for future street extensions. The agreement shall also provide that if, after notice by the Department of Public Works to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) or owners association within 30 days and it becomes necessary for the County to maintain or cause to be maintained any such area, the cost of such maintenance shall be borne by the property owner(s) or owners' association and, if unpaid, shall become a lien against the property and collected the same as taxes by the County.

(f)

All lots directly abutting any such extensions shall be considered as corner lots.

Additional widths on existing streets and/or roads.

Proposed subdivisions that adjoin existing streets shall dedicate any additional right-of-way necessary to meet the above minimum street width requirements.

When the subdivision is located on only one side of an existing street, 1/2 of the required right-of-way, measured from the center line of the existing roadway, shall be provided.

If the owner of the proposed subdivision also owns the property on the opposite side of the existing street, then the owner shall dedicate all the additional right-of-way necessary to meet minimum street width requirements for the frontage of the lots being subdivided.

In no case shall the resulting right-of-way width be less than that required of the appropriate street or road as classified in this chapter.

Private streets and reserve strips. There shall be no private streets platted in any subdivision. Every subdivided property shall be served from a publicly dedicated street. There shall be no reserved strips controlling access to streets, except where the control of such strips is definitely placed with the owner's association under conditions approved by the Planning Commission.

Subdivision and street names. Proposed streets which are obviously in alignment with others already existing and named shall bear the names of existing streets. In no case shall the name for proposed streets or subdivisions duplicate, actually or phonetically, existing streets or subdivisions irrespective of the use of the suffix "Street," "Avenue," "Boulevard," "Driveway," "Place" or "Court." Through its index list of names on file, the Department of Public Works can assist the subdivider in avoiding duplications. The Planning Commission shall be responsible for approving the names of all streets and subdivisions.

Reservations/easements. Any additional area shown as a reservation/easement for future use of the County which is not a part of the dedicated right-of-way shall be shown on the plat and reserved for future use at no cost to the County for road widenings, utility installation, sidewalks, drainage or other such public use which may be determined by the County. All such reservation/easement areas shall be clearly shown with accompanying explanatory notes on the plat and maintained by individual lot owners or the owners' association.

[Amended 10-17-2006 by Bill No. 2006-11]

Strip development. In order to protect the safety of the traveling public and the design capacity of the highway system, the development of lots with direct vehicular access to existing roads is discouraged. No subdivision of property with frontage on any existing or future road shall be approved unless consistent with the following:

[Amended 6-22-1998 by Bill No. 1998-6]

Every legally established parcel of record in existence as of October 13,1989, shall be entitled to one subdivision consisting of three lots with frontage on an existing road and providing direct vehicular access to such existing County road, consistent with the policies stated herein.

[Amended 10-1-2002 by Bill No. 2002-15]

State highways. No more than three new lots shall be created on any state arterial or collector highway without prior approval of the State Highway Administration. All subdivisions over three lots shall be served by an interior road system constructed in accordance with County standards and policies. Any lot created on any state highway shall have the prior approval of the State Highway Administration.

[Amended 10-1-2002 by Bill No. 2002-15]

Major collectors. On any County-designated major collector, no more than three new lots shall be created with lot frontage providing direct vehicular access to any existing or future County road identified as a major collector. All subdivisions of over three lots shall be served by an interior road system constructed in accordance with County standards and policies. Commercial and industrial developments on major collectors may be permitted more than three new lots only upon the recommendation of the Director of Public Works and with the approval of the Planning and Zoning Commission, upon such terms and conditions as may be imposed in accordance with sound planning principles and design.

[Amended 10-1-2002 by Bill No. 2002-15]

Minor collectors. On any County-designated minor collector, no more than three new lots shall be created with lot frontage providing direct vehicular access to any existing or future County road identified as a minor collector unless the developer shall pay all costs for or install the road widening required on that portion of the road abutting the lots being subdivided.

[Amended 10-1-2002 by Bill No. 2002-15]

Local streets. These provisions shall not apply to existing local streets except that the developer may be required to improve the road in front of his property to the same standards as that which exists for the local street serving the development.

Design and construction standards. The design standards for each road constructed will depend upon the volume of traffic to be served, future land uses and federal, state and County requirements at the time of construction. Except where specifically required below or listed elsewhere in this chapter, the design of all streets shall be subject to the approval of the Director of Public Works and shall be consistent with County road construction standards and policies.

Street grades. Grades on streets and roads shall be in compliance with Wicomico County Construction Standards as prepared by the Wicomico County Department of Public Works.

[Amended 10-14-1991 by Bill No. 1991-14; 10-17-2006 by Bill No. 2006-11]

Horizontal curves. Changes in street directions shall be made by horizontal curves with reasonably long radius. These curves shall comply with Wicomico County Construction Standards as prepared by the Wicomico County Department of Public Works. Horizontal curve data shall be computed by the arc definition of a circular curve.

[Amended 10-14-1991 by Bill No. 1991-14; 10-17-2006 by Bill No. 2006-11]

Intersections. Street intersections shall be as nearly at right angles as possible, and no intersection shall be at an angle of less than 60°. Property line radii at street intersections shall not be less than 20 feet, and where the angle of street intersection is less than 75°, the Planning Commission may require a greater curve radius. Wherever necessary to permit the construction of a curve having a desirable radius without curtailing the sidewalk at a street corner to less than normal width, the property line at such street corner shall be rounded or otherwise set back sufficiently to permit such construction.

Tangents. Tangents between curves shall be in compliance with Wicomico County Construction Standards as prepared by the Wicomico County Department of Public Works.

[Amended 10-14-1991 by Bill No. 1991-14; 10-17-2006 by Bill No. 2006-11]

Street jogs. Street jogs with center-line offsets of less than 125 feet shall not be allowed, and any other jog in a street shall be only as approved by the Director of Public Works.[1]

Editor's Note: Former Subsection L, Grandfathering, which immediately followed, was repealed 6-22-1998 by Bill No. 1998-6.

§ 200-12 Blocks.

Length. Blocks should not be less than 700 feet nor more than 1,200 feet in length, except as the developer and the Planning Commission consider necessary to secure efficient use of land or desired features of street pattern; and said Planning Commission shall not unreasonably or arbitrarily withhold its consent to vary minimum or maximum length, herein set forth, if such change is necessary for the proper development of the land being subdivided. In blocks over 700 feet in length, the Planning Commission may require one or more public crosswalks of not more than six feet in width to extend entirely across the block and at the locations deemed necessary, which crosswalk shall be constructed by the developer and maintained at public expense by the County.

Width. Blocks shall be wide enough to allow two tiers of lots of minimum depth, except where fronting on major streets or prevented by topographical conditions or size of the property, in which case the Planning Commission may approve a single tier of lots of minimum depth.

§ 200-13 Lots.

[Amended 2-15-1978 by Bill No. 1978-6; 1-2-1990 by Bill No. 1989-18]

Arrangement. Insofar as practical, side lot lines shall be at right angles to straight street lines or radial to curved street lines. Each lot must front upon a public street or road as defined in Chapter 225, Zoning, of the Wicomico County Code. All such streets shall have a right-of-way width as required by Article III, Minimum Design Standards, § 200-11, Streets, of this chapter.

Minimum size. The size, shape and orientation of lots shall be such as the developer deems appropriate for the type of development and use contemplated, subject to the approval of the State Health Officer for the County and the Planning Commission.

All lots to be served by private on-site wells or septic system or other private systems shall be approved by the State Health Officer as to size, lot frontage and buildability in accordance with standards for such private systems set forth in state health regulations.

The Planning Commission shall require, in the case of lots to be served by private on-site sewage disposal systems shown on a preliminary plat, that soil evaluations be made and submitted before taking action on the preliminary plat.

If final percolation tests do not meet the standards provided in state health regulations, such lot shall be deemed an unbuildable lot and shall not be recorded as a buildable lot.

Commercial or industrial properties shall be of such size to adequately provide for all utilities and facilities, including but not limited to parking, setbacks and stormwater management facilities required for the types of use and development contemplated.

Community water and sewerage systems. In the event that lots are proposed to be served by community water and sewer systems, all lot sizes shall be those required by Chapter 225, Zoning, or as authorized by the specific provisions of § 200-17, Large-scale developments, of this chapter. No final plat approval of such lots shall be scheduled for review by the Planning Commission until written approval has been received from the State Health Department.

(6)

In no case shall the size and widths of lots be less than the minimum requirements of Chapter 225, Zoning, or as specifically authorized by this chapter.

(7)

All parcels in a cluster subdivision, except the residual parcel, shall be grouped together and contiguous.

[Added 6-22-1998 by Bill No. 1998-6]

Building setback lines. The minimum depth of front building setback lines from the street in residential, commercial and industrial zones shall be provided by Chapter 225 of the Wicomico County Code. If a plat of a subdivision provides for a setback line of greater depth than the applicable zoning regulation, then the setback line as shown on the particular plat shall govern, and no building permit shall be issued which does not conform to the setback lines shown on that plat.

Corner lots. Corner lots shall comply with the requirements of Chapter 225, Zoning, for building setback lines.

Lot frontages. All lots and all land being subdivided shall have, in fee simple, the minimum frontage directly abutting a public street as follows:

Lots with community water and sewer service and lots served by private, on-site individual septic systems and individual, on-site wells shall have the minimum frontage required by Chapter 225, Zoning, except where specifically listed below:

Lots on the turnaround of a cul-de-sac street: minimum frontage of 25 feet.

Lots on a curve.

Private on-site sewer and water systems: minimum frontage of 70 feet.

Community water and sewer systems: minimum frontage of 45 feet.

[3]

Lot width shall be determined by extending radial lines from the right-of-way of the street to the minimum front setback line required by Chapter 225, Zoning. The minimum lot width shall be determined at the minimum setback line as required by the Chapter 225, Zoning.

[Amended 6-14-1993 by Bill No. 1993-17]

Pipe stem lots.

Land should be subdivided in such a manner as to avoid the need for pipe stem lots. This type of practice should be limited to no more than two (lots) fronting on a public street or road with all land area within the stem reserved for existing or future access as determined by the Planning Commission. Pipe stem areas shall be in fee simple ownership connected to the main buildable portion of the lot. The buildable portion of the lot shall meet the minimum lot size requirements of the zoning district in which it is located. The Planning Commission shall not approve a plat with more than two pipe stem lots.

Pipe stem lot: minimum frontage 50 feet.

[3]

All pipe stems shall be reserved as nonbuilding areas and designated for use as access.

[4]

All setbacks shall be shown on the buildable portion of the pipe stem lot with front setbacks measured from the stem or extension thereof, as determined by the Planning Commission, reserved for access.

(d)

Common use areas: minimum frontage of 25 feet.

(e)

Townhouse lots: minimum frontage of 16 feet.

Common use areas. All areas to be used in common by existing or future residents of a proposed subdivision shall be shown as a separate parcel and labeled. All such areas shall have frontage on a public street or road as required. The minimum size of all such areas shall be as approved by the Planning Commission. Restrictions on use and development of the site shall be shown on the plat and the management of said areas shall be clearly stated in a homeowners' association document or other legal arrangement as required by § 200-21 and as approved by the County Attorney.

Set-aside. All subdivisions, except minor subdivisions, in an Agriculture/Rural Zoning District shall set aside 50% of the gross area of the parcel subdivided to be restricted from any future development or subdivision by an open space easement to Wicomico County, Maryland, approved by the County Attorney and recorded among the land records of Wicomico County and by notation on an approved plat. The open space easement granted to the County may be modified or rescinded only after public hearing and by a two-thirds vote of the County Council.

[Added 6-22-1998 by Bill No. 1998-6]

§ 200-14 Public use and service areas.

Due consideration shall be given to the allocation of areas suitably located and of adequate size for playgrounds and parks for local or neighborhood use as well as public service areas.

Public open spaces. Where a school, neighborhood park or recreation area or public access to water frontage shown on an official map or in a plan made and adopted by the Planning Commission is located in whole or in part in the applicant's subdivision, the Planning Commission may require the dedication or reservation of such open space within the subdivision up to a total of 10% of the gross or water frontage of the plat for park, school or recreation purposes; provided, however, that within one year of the final approval of the plat by the Planning Commission, the County and/or the Board of Education of Wicomico County, Maryland, shall pay unto the developer or subdivider the fair value thereof or, if unable to agree upon the fair value thereof, said County and/or the Board of Education of Wicomico County shall file action in the Circuit Court for Wicomico County, Maryland, to condemn said property for the purposes aforesaid, and if the above action is not taken within the one-year period aforesaid, the developer or subdivider may proceed to subdivide the areas reserved as building lots in conformity with the provisions of this chapter.

[Amended 2-15-1978 by Bill No. 1978-6; 10-17-2006 by Bill No. 2006-11]

Easement for utilities. Except where alleys are permitted for the purpose, the Planning Commission may permit easements, not exceeding 12 feet in width, for poles, wires, conduits, storm and sanitary sewers, gas, water and other utility lines, along all rear lot lines or along side lot lines, if necessary, or if advisable, in the opinion of the Planning Commission, easements of the same or greater width may be required along the lines of or across lots, where necessary for the extension of existing or planned utilities.

Community assets. In all subdivision due regard should be shown for all natural features, such as large trees, watercourses, historical spots and similar community assets, which, if preserved, will add attractiveness and value to the property.

§ 200-15 Suitability of land.

[Amended 10-14-1980 by Bill No. 1980-34]

The Planning Commission shall not approve the subdivision of land if, from adequate investigations conducted by the public agencies concerned, it is determined that the land is subject to flooding or is topographically unsuitable for residential occupancy or for such other use as may increase danger to health, life or property or aggravate erosion or flood hazard. Such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or shall not produce unsatisfactory living conditions.

Floodplains may not be encroached upon or filled in a manner which would decrease channel storage or change the floodplain area.

§ 200-16 Large parcels.

When land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical further resubdivision.

§ 200-17 Large-scale developments.

[Amended 1-2-1990 by Bill No. 1989-21]

Any large-scale development, as defined in this section, shall require a subdivision plat to be submitted and processed in accordance with this chapter.

Notwithstanding any other provisions of this chapter, a large-scale development may be approved by the Planning Commission although the design of the project does not provide for the specific street, lot or other bulk requirements of this chapter and Chapter 225, if departure from the foregoing requirements can be made without subverting the intent of this chapter.

For the purpose of this chapter, a large-scale development shall include the following:

Cluster developments, as defined in Chapter 225, Zoning.

Townhouse developments, as defined in Chapter 225, Zoning.

Apartment projects consisting of more than two buildings, as defined in Chapter 225, Zoning.

Any development which is proposed for condominium ownership.