[Amended 2-15-1977 by Bill No. 1977-2; 6-13-1977 by Bill No.
1977-6; 2-14-1994 by Bill No. 1994-5]
A perfectly prepared and recorded subdivision
or plat means little to a prospective lot buyer until he can see actual
physical transformation of raw acreage into lots suitable for building
purposes and human habitation. Improvements by the subdivider relieve
the community of a potential tax liability. Final approval of a subdivision
final plat shall be conditional upon certification that all required
improvements are complete. If the required public improvements have
not been completed within three years of final approval by the Wicomico
County Planning and Zoning Commission, then the subdivision must be
resubmitted as a preliminary plat to the Planning Commission. The
following tangible improvements are required before lots may be transferred
in a subdivision and/or any building permits issued for construction
thereon.
[Amended 8-16-1960 by Ord. No. 11A; 9-4-1973 by Ord. No.
11C; 2-15-1977 by Bill No. 1977-2; 2-15-1978 by Bill No. 1978-6; 10-14-1980 by Bill No.
1980-34; 2-12-1988 by Bill No. 1988-2; 10-13-1989 by Bill No. 1989-13; 1-2-1990 by Bill No. 1989-23; 6-13-1990 by Bill No.
1990-11]
(NOTE: The text of the former § 200-21, entitled "Required Improvements," with modifications, is transferred by this ordinance and renumbered as § 200-21.1.)
A.
An improvements construction plan of the subdivision
shall be furnished to and approved by the Director of the Department
of Public Works before a final plat may be submitted to the Planning
Commission. Such improvements construction plan shall be accompanied
by an estimate of quantities and an estimate of costs thereof. No
construction of improvements as stated herein shall start before final
approval of this plan.
B.
Four paper prints of the approved plans shall be furnished
to the Director of the Department of Public Works.
C.
Information required on this plan shall be in accordance
with Wicomico County Guidelines for Preparation of Improvements Construction
Plan, as prepared by the Wicomico County Department of Public Works.
[Amended 10-17-2006 by Bill No. 2006-11]
D.
After all improvements have been satisfactorily completed,
one second original of improvements construction plans, with words
"as built" shown on plans, shall be furnished to the Director of the
Department of Public Works.
[Added 6-13-1990 by Bill No. 1990-11]
A subdivision developer shall be required to
make the following improvements in accordance with the specifications
established by the County and by this chapter.
A.
Grading. All grading, including roads and streets,
shall be accomplished in compliance with Wicomico County construction
standards (roadway construction specifications), as prepared by the
Wicomico County Department of Public Works and approved by the County
Council from time to time.
[Amended 10-17-2006 by Bill No. 2006-11]
B.
Drainage plan and maintenance.
(1)
The developer, at the time of presenting the
improvements construction plan for approval, shall submit an adequate
plan for the disposal of all stormwater in the proposed subdivision.
An adequate permanent outlet for this stormwater shall be provided
or shown to exist. In the preparation of said plan, the engineering
staff of the Department of Public Works shall, upon request, assist
and advise the developer.
[Amended 2-14-1994 by Bill No. 1994-5]
(2)
Stormwater management in conformance with the Wicomico County Code, Chapter 196, Stormwater Management, will be required.
(3)
The Wicomico County Planning and Zoning Commission
may require that the subdivider or developer form and record, among
the land records of Wicomico County, Maryland, the articles of a homeowners'
association, clearly assigning the responsibility for maintenance
of the stormwater drainage and stormwater management systems. In the
event that the homeowners' association fails to adequately maintain
the systems, Wicomico County may complete the required maintenance
work and assess each owner of each lot equally for the cost, which
shall be a lien against each lot in the subdivision. A legally sufficient
agreement may be substituted for the homeowners' association.
[Amended 2-14-1994 by Bill No. 1994-5]
C.
Stabilization. Stabilization of all streets within
the subdivision shall be accomplished by the developer in accordance
with Wicomico County construction standards, roadway construction
specifications, as prepared by the Department of Public Works and
approved by the County Council. The developer shall pay 100% of the
cost of this stabilization.
[Amended 10-17-2006 by Bill No. 2006-11]
D.
Pavements.
(1)
The developer shall have the streets or roads
in the subdivision paved with bituminous concrete pavement and shall
pay 100% of the cost thereof. All bituminous concrete pavements shall
consist of aggregates and asphalt mixed and constructed in accordance
with the latest Maryland State highway specifications, including all
errata and addenda, and placed to the depth, grade and cross section
required in the Wicomico County construction standards and the approved
profile. The bituminous concrete batch plant shall be approved by
the Maryland State Highway Administration.
(2)
Due to the diversity of development in the planning
area ranging from sparsely populated agricultural areas to the densely
populated urban areas, required pavement widths will necessarily vary
with the character of building development and the amount of traffic
encountered. Minimum pavement widths shall be as established for typical
sections in the Wicomico County construction standards.
E.
Curb and gutter. Curb and gutter in accordance with the Wicomico County construction standards shall be placed by the developer on both sides of all new streets in all subdivisions. The developer shall pave these streets, in conformance with Subsection D above, following the placement of curb and gutter and stabilization. When, in the opinion of the Director of Public Works and the County Roads Engineer, the terrain or the drainage conditions are such as to prohibit the installation of curb and gutter, then a rural section (side ditches instead of curb and gutter) as per the Wicomico County construction standards may be allowed with the specific approval of the Director of Public Works. Drainage easements for such side ditches shall be shown in their entirety on the final plat.
[Amended 10-17-2006 by Bill No. 2006-11]
F.
Street name signs. Appropriate street signs also add
sales value to land subdivisions and enable emergency personnel, strangers,
delivery concerns and even potential lot buyers to find their way
around. Street names shall be installed at all intersections. Street
name signs shall comply with standards used by the Wicomico County
Roads Division. Upon request, the Planning Commission will aid the
subdivider with specifications for the construction, placing and setting
of such signs.
G.
Installation of utilities. After grading is completed
and approved and before any base is applied, all of the underground
work, stormwater drains, sanitary sewers, water mains, gas mains,
electrical wires, telephone wires, cable television wires and all
service connections shall be installed completely and approved throughout
the length and width of all streets. All driveways for houses to be
built by the developer shall be cut and drained.
H.
Water supply system. When any subdivision is located
within the service area of a public water system, water mains shall
be installed in such a manner as to serve adequately all lots with
connection to the public system. Where lots cannot be economically
connected with a public water system, a private well location shall
be provided and approved by certificate, in writing, by the County
Health Officer and shown on the final subdivision plat.
I.
Sanitary sewers. When any subdivision is located within
the service area of a public sewerage system, sanitary sewers shall
be installed in such a manner as to serve adequately all lots with
connection to the public system. Where lots cannot be economically
connected with a public sewerage system, an adequate area shall be
provided for installation of a private sewerage system approved by
certificate, in writing, by the County Health Officer and shown on
the final subdivision plat.
J.
Connection required where feasible. No lot within
a subdivision in which the Planning Commission deems it feasible to
connect with a public or community water supply system or public sewerage
system shall be transferred of record and/or a building permit issued
for construction thereon until said water and sewer mains are made
available to the particular lot.
K.
Open space; shared facilities requirements.
(1)
When any proposed subdivision plat includes
any common open spaces, common use areas or shared facilities, the
developer and/or owner shall be required to execute a maintenance
and preservation agreement binding on all subsequent owners of land
in the proposed subdivision satisfactory to the Planning Commission
and sufficient to assure the maintenance and preservation of the aforesaid
areas for the purpose such areas are intended and approved.
[Amended 2-14-1994 by Bill No. 1994-5]
(2)
All such maintenance and preservation agreements
shall specify ownership of the common open space uses or facilities;
the method of and responsibility for maintenance of said areas; payment
of taxes and insurance; access to the area at reasonable times for
inspection by the County or its authorized representatives; and the
provision that if, after notice by the County to correct a violation
requiring maintenance work, satisfactory corrections are not made
by the owner(s) or entity in control of the area 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 persons or entity in control of said property
and, if unpaid, shall become a lien against the property and collected
the same as taxes by the County. Said agreement shall be recorded
by the developer and/or owner in the land records of Wicomico County.
(3)
When any plat provides, or where required by
the Planning Commission, for open spaces, common use buildings, landscaped
areas, recreation facilities, parking areas, structures or other improvements
for the common use and benefit of occupants of the development, the
developer may be required by the Planning Commission to guarantee
the completion of any such spaces, structures, facilities or other
improvements. In order to provide such guaranty, the developer or
owner shall deposit surety in the amount of the estimated cost of
construction of said improvements. Surety may be in the form of a
corporate bond, cash deposit, irrevocable letter of credit, assigned
savings account or other security, all or any of which must be acceptable
to the County Attorney. Surety shall be returned or released upon
satisfactory completion of the project.
[Amended 2-14-1994 by Bill No. 1994-5]
L.
Homeowners' associations. Whenever the Planning Commission
or the Director of the County Department of Public Works determines
that a homeowners' association is required, the following conditions
shall be established:
[Added 6-14-1993 by Bill No. 1993-17]
(1)
A homeowners' association shall be established
that will include all land under consideration for subdividing, including
any and all future sections or phases of development. All lots in
the subdivision shall be included in the association.
(2)
The homeowners' association documents shall
include provisions imposing conditions and restrictions as deemed
necessary by the Planning Commission to ensure compliance with the
requirements of this chapter.
(3)
The specific documents explaining the rules
and regulations of the homeowners' association as approved by the
County Attorney shall be recorded in the land records of Wicomico
County no later than the time the final plat is recorded.
[Amended 6-13-1990 by Bill No. 1990-11]
Although not required by these regulations,
the planting of street trees and the installation of sidewalks is
considered a duty of the subdivider as well as a good business practice.
A.
Street trees. Street trees are a protection against
excessive heat and glare and enhance the attractiveness and value
of abutting property. The Planning Commission will assist the subdivider
in location of trees and species to use under varying conditions.
It is recommended that trees be planted inside the property lines
where they are less subject to injury, decreasing the chance of motor
accidents and enjoying more favorable conditions for growth. If trees
are to be planted within a planting strip in the right-of-way, their
proposed locations and species to be used must be submitted for the
Planning Commission's approval. If any landscaping, including grass,
is planted in a planting strip or median of the street, a homeowners'
association to maintain this landscaping may be required. In the event
that the homeowners' association fails to adequately maintain these
areas, Wicomico County may complete the required maintenance work
and assess each owner of each lot equally for the cost, which shall
be a lien against each lot in the subdivision. A legally sufficient
agreement may be substituted for the homeowners' association.
B.
Sidewalks. For the protection of pedestrians and of
children at play, installation of sidewalks by the developer or owners
shall be optional. If the developer and/or owner desires to construct
sidewalks, they shall be located and constructed in accordance with
the Wicomico County construction standards. If the sidewalk is not
proposed to be located in accordance with the construction standards,
the location shall be approved by the Wicomico County Planning Commission.
[Amended 2-15-1977 by Bill No. 1977-2; 2-13-1985 by Bill No.
1985-6; 10-7-2003 by Bill No. 2003-15]
A.
Guaranties in lieu of completed improvements. No subdivision
covered by these regulations shall be recorded and/or any building
permit issued for construction therein until the public improvements
required under the provisions of this chapter have been installed
and approved by the County Engineer and/or the Director of Public
Works, or, in lieu of such public improvements, a security bond is
posted in an amount equal to 150% of the estimated cost of installation
of the required improvements, whereby improvements may be made and
utilities installed without cost to the county in the event of default
by the subdivider. However, even with a bond, no occupancy permit
shall be issued until all improvements have been completed satisfactorily.
[Amended 10-17-2006 by Bill No. 2006-11]
B.
Repair and maintenance bonds. Upon acceptance of the
road and drainage systems, the subdivision developer or owner shall
post surety with Wicomico County in an amount equal to 15% of the
cost of construction of said improvements, as verified by the Director
of Public Works. The surety shall:
[Amended 1-19-2010 by Bill No. 2009-19]
(1)
Insure the faithful performance of and compliance
with the improvements construction plan by the subdivision developer
or owner; cover latent defects in the road and storm drainage facilities,
and damages resulting from construction equipment and vehicles during
the term of the bond;
(2)
Be in the form of a corporate bond, cash deposit,
irrevocable letter of credit, assigned savings account or other security,
all or any of which must be acceptable to the County Attorney; and
(3)
Be maintained in the requisite amount for three years.
In the event defects are detected but not corrected during the three-year
period, the surety shall be maintained until six months after the
approved completion of repairs.
C.
Grandfathering. The increase in the bond amount and the number of years required to provide surety, as provided by legislative Bill No. 2009-19, shall not apply to subdivisions for which sketch plats have been reviewed by the Planning Commission prior to December 15, 2009, and for which the time limits provided in § 200-10 have not expired.
[Added 1-19-2010 by Bill No. 2009-19]
