The purpose of this article is to establish
and define the improvements which will be required to be constructed
by the applicant, or provisions made for construction by the applicant,
as a condition of final plat approval by the Commission. The construction
of all required improvements shall be coordinated in both design standards
and construction scheduling so that the required improvements are
constructed in the proper place and sequence. As appropriate, there
shall be coordination with activities of adjoining incorporated areas.
The following are required for all subdivisions:
roads, including access to connecting roads, water supply and sewerage
disposal and monuments. Where these improvements are not available
prior to submittal of the subdivision plat, the following applies:
A.
Roads. Public roads shall be completed and accepted by the County Commissioners, or an appropriate agreement in accordance with Article IX for the construction of the road shall be in effect before the Commission approves the subdivision plat with its signature. Private roads shall be completed and verified by the Planning and Zoning Office as meeting these regulations, or an appropriate agreement in accordance with Article IX shall be in effect before the Commission approves the subdivision plat with its signature. Road access requirements of the respective County or State Highway Department shall be met and indicated by the respective department's signature on the plat before the Commission approves the plat with its signature.
B.
Water supply and sewage disposal. Subdivisions proposing
individual on-site water supply and sewage disposal shall meet the
requirements of the Health Department, as indicated by its signature
on the plat, before the Commission approves the plat with its signature.
Subdivisions proposing central or shared water supply or sewage disposal
systems shall be approved by the Health Department and other appropriate
agencies having jurisdiction, including but not limited to the Dorchester
County Sanitary Commission, Cambridge Department of Public Works,
Municipal Utilities Commission and other municipalities. The Commission
shall not finally approve the subdivision with its signature until
the appropriate agencies and departments have signed it.
C.
Monuments.
(1)
All monuments shall be properly set in the ground
and approved by a registered land or property line surveyor after
final grading is completed.
(2)
All monuments required by these regulations shall
be set flush with the ground and planted in such a manner that they
will not be moved by frost action.
(3)
Monuments shall be located on street right-of-way
lines, at street intersections, angle points of curve and block corners.
They shall be spaced so as to be within sight of each other, the sight
lines being contained wholly within the street limits.
(4)
The external boundaries of a subdivision shall be
monumented in the field by monuments of stone or concrete, not less
than 20 inches in length, not less than four inches square or five
inches in diameter and marked on top with a cross, brass plug, iron
rod or other durable material securely embedded. These monuments shall
be placed not more than 1,400 feet apart in any straight line and
at all corners, at each end of all curves, at the point where a curve
changes radius, at all angle points along the meander line, those
points to be not less than 20 feet back from the bank of any river
or stream or edge of wetland, except that when such corners or points
fall within an existing street, the monuments shall be placed in the
side line of the street.
(5)
All internal boundaries, points along a proposed street
and those corners and points not referred to in the preceding subsection
shall be monumented in the field by iron rods or pipes at least 18
inches long and 5/8 inches in diameter. These monuments shall be placed
at all block corners, at each end of all curves, at all points where
a watercourse changes its radius and at all angle points in any line.
(6)
The lines of lots that extend to watercourses shall
be monumented in the field by iron pipes at least 18 inches long and
5/8 inches in diameter. These monuments shall be placed at the point
of intersection of the river or stream lot line, with a meander line
established not less than 20 feet back from the bank of the river
or stream or edge of wetland.
(7)
Where rights-of-way for streets and roads are dedicated
by fee simple, monuments or markers along the road shall be placed
at all changes in direction and at lot boundaries. Where rights-of-way
for streets and roads are dedicated by easement, monuments or markers
shall be placed at all changes in direction of the right-of-way easement
and where the easement is intersected by property lines. The plat
shall reflect where the lot boundary line is located within the easement
area, as well as the course and distance from the lot boundary to
the monument or marker on the easement boundary.
Depending upon the subdivision, the following
improvements may be required. When these improvements are required
by other laws and/or regulations or when required specifically by
the Planning Commission, the following applies:
A.
Parks and open spaces.
(1)
Public parks and open spaces. Whenever areas for public parks and open spaces are indicated on the proposed subdivision, such areas shall be dedicated to the public by deed, subject to the concurrence of the Recreation and Parks Board and acceptance by the Commissioners. The Parks Board shall sign the plat, indicating that these areas have been developed in accordance with the Parks Board's requirements, or an agreement in accordance with Article IX is in effect for the establishment of these areas. The Parks Board shall sign the plat prior to the Commission's giving its final approval. For any private park or open space, the Commission must approve the management entity or mechanism before giving final approval of the subdivision with its signature upon the plat.
(2)
Open space ownership. The type of ownership of land
dedicated for open space purposes or for subdivision improvements
shall be selected by the owner, developer or subdivider, subject to
the approval of the Planning Commission. Type of ownership may include,
but is not necessarily limited to, the following:
(a)
The county, subject to the acceptance by the
Commissioners;
(b)
Other public jurisdictions or agencies, subject
to their acceptance;
(c)
Quasi-public organizations, subject to their
acceptance;
(d)
Homeowner, condominium or cooperative associations
or organizations; or
(e)
Shared undivided interest by all property owners
in the subdivision.
(3)
Homeowners' Association. If the open space or subdivision
improvements are owned by a homeowner or condominium association,
the developer shall file a declaration of covenants and restrictions
that will govern the association, to be submitted with the application
for preliminary plat approval. The provisions shall include but are
not necessarily limited to the following:
(a)
The homeowners' association must be established
before any lots or homes are sold.
(b)
Membership must be mandatory for each lot or
home buyer and any successive buyer.
(c)
Community open space restrictions must be permanent,
not just for a period of years.
(d)
The association must be responsible for liability
insurance, local taxes and maintenance of open space and subdivision
improvements.
(e)
Homeowners must pay their prorata share of the
cost, and the assessment levied by the association becomes a lien
on the property as allowed in the master deed establishing the homeowners'
association.
(f)
The association must be able to adjust the assessment
to meet changed needs.
(4)
Maintenance of open space and improvements. The person or entity identified in § 140-34A(2) as having the right of ownership or control over open space of subdivision improvements shall be responsible for continuing upkeep and proper maintenance.
B.
Storm drainage system. All subdivisions subject to
the Stormwater Management Ordinance[1] must meet the requirements of that regulation before the
plat is finally approved. The Dorchester Highway Department must sign
the plat, thus indicating compliance with those regulations, before
the Planning Commission gives final approval with its signature.
C.
Sediment control. All subdivisions subject to the
Erosion and Sediment Control Ordinance[2] must have an approved erosion and sediment control plan.
The Dorchester Soil Conservation District must sign the plat, thus
indicating that the plan has been approved, before the Planning Commission
gives its final approval with its signature.
D.
Curbs, gutters and sidewalks. Where required by the
Commission, curbs, gutter and sidewalks shall meet the standards established
in the regulations and standards for the acceptance for subdivision
roads in the county road system.
E.
Street signs and traffic control devices. The applicant
shall erect all street signs and traffic control devices as required
by the County Engineer.
F.
Buffers. The applicant shall install any landscape
or fencing buffers as required by the Planning Commission whenever
it determines that adjacent land uses may be incompatible and therefore
should be separated from one another to minimize potential negative
noise, visual, dust and odor impacts. The Dorchester County Design
Manual contains detailed descriptions of buffers that are appropriate
in different settings.
G.
Street trees. Street trees shall be 60 feet on center
on both sides of proposed streets in major subdivisions.
H.
Streetlights.
I.
Fire hydrants/dry hydrants. Dry hydrants which use
an existing water source such as a lake, pond or stream should be
installed where feasible after consideration of at least the following
recommendations:
(1)
The hydrant should be installed before any lots can
be sold.
(2)
The preliminary subdivision plat should be reviewed
by the designated agent of the county volunteer fireman's association
and Dorchester Soil Conservation District for recommendations.
(3)
An easement or turnaround of sufficient size should
be provided for a fire truck and other fire-fighting equipment.
(4)
The location of the hydrant should be shown on the
final plat.
