The Table of Dimensional Requirements for Principal
Uses, which contains lot area and lot width regulations, is included
at the end of this chapter.
The lot or yard areas required for any new building
or use shall not include any part of a lot that is required by any
other building or use to comply with the requirements of this chapter.
No required lot or area shall include any property, the ownership
of which has been transferred after the effective date of this chapter,
if such property was a part of the area required for compliance with
the dimensional requirements applicable to the lot from which such
transfer was made.
A.
A building may be constructed, provided the yard requirements
are observed, on any lot which was lawful when created and which,
prior to the effective date of this chapter, was in separate ownership
duly recorded by plan or deed.
B.
This exception shall not apply to any two or more
contiguous lots in a single ownership as of or subsequent to the effective
date of this chapter, in any case where a reparceling or replotting
could create one or more lots which would conform to the above provisions.
When there is an existing building on each of
two lots adjacent on either side to a lot on which a proposed building
is to be erected (where both such existing buildings nearer to the
street line than the required front yard depth elsewhere specified
in this chapter) and when each such existing building is within 100
feet of the proposed building, the average of the existing front yard
depths of such adjacent lots shall be the minimum required front yard
for the lot on which the proposed building is to be erected.
On any corner lot, no wall, fence or other structure
shall be erected or altered and no hedge, tree, shrub, or other growth
shall be maintained which causes danger to traffic on a street by
obscuring the view. Visual obstructions shall be limited to a height
of not more than two feet above street level within the triangular
area bounded by the street lines and a straight line drawn between
points on each such street line 25 feet from the intersection of said
street line.
Subject to § 300-26, the provisions of § 300-22 shall not apply to fences or walls which are less than six feet high above the natural grade nor to terraces, steps, uncovered porches, or other similar features not over three feet high above the floor level of the ground story. Subject to § 300-26, Articles VI and VII, the yard requirements of § 300-22 shall not apply to accessory signs and off-street parking spaces.
Completely detached accessory buildings may
occupy required side and rear yards but shall not be located closer
than five feet to any side or rear property line.
On a corner lot, the street side yard shall
equal the required front yard for lots facing that street.
Maximum height regulations shall not apply to
church spires, chimneys, aerials and other structures normally built
or located above the roof and not devoted to human occupancy.
In order to permit a better and more attractive
pattern of residential development than is possible under the usual
district zoning requirements geared to the individual lots, the Board
of Appeals may, by special exception, as provided for herein, vary
the lot area requirements in each residential district. Among the
objectives of this cluster development provision are a more varied,
efficient, imaginative and economical development pattern by increasing
the flexibility in the location and arrangement of homes, reducing
length of streets and utility improvements and encouraging a more
attractive and usable pattern of open space.
A.
In the case of a plan for cluster residential development which involves a tract of land not less than 10 acres in size, the Board of Appeals, following review and recommendation by the Planning Commission and subject also to the requirements of Subsection B of this section, may:
(1)
Authorize a reduction of not more than 25% in the
minimum lot area per dwelling unit and lot width requirements relating
to a lot in the district in which the lot is located. In no case shall
the number of dwellings permitted on a tract of land in a cluster
residential development be more than 10% greater than the number which
would have been permitted were the district regulations not modified.
(2)
Permit modifications of the yard and other area requirements
of the district, provided that in no case shall a building be located
less than 20 feet from a street line or less than 15 feet from another
building.
B.
In any case where a plan for development is approved
in accordance with the requirements of this section, the following
special regulations shall apply:
(1)
The tract of land to be developed shall be in one
ownership, or shall be the subject of an application filed jointly
by the owners of the entire tract, and the application shall certify
that the tract will be developed within a reasonable time under single
direction and in the manner approved.
(2)
In order to comply with the density requirement for the tract, required in Subsection A of this section, sufficient area within the proposed development shall be set aside for common open space purposes and/or a certain percentage of oversized lots shall be included in the plan.
(3)
Any areas to be set aside or reserved for park, woodlands,
conservation, playground or other open space purposes, such as the
preservation of natural features or historical areas, shall be suitable
for the designated purpose, be consistent with the plan and policy
for future use for the Town and contain no structure other than a
structure related to outdoor recreational use.
(4)
Areas for common open space use may be reserved for
private use, or they may be dedicated to the Town. Areas which subsequently
are to be dedicated to the Town shall be acceptable to the Town. Satisfactory
written agreements, acceptable to the Town, shall be made for the
perpetual preservation and maintenance of all common areas to be set
aside and reserved for private use.
(5)
Each building shall be served by centralized sewer
and water facilities unless the Garrett County Health Department determines
otherwise.
(6)
The application for special exception shall be accompanied
by a plan, or plans for the entire tract, which plan or plans also
shall comply with all requirements of any Town Subdivision Ordinance
and other applicable ordinances. The plan shall clearly designate
the proposed use of each area of the tract.
[Added 7-24-2006 by Ord. No. O2006-07]
A.
Purposes. The purposes of these PRD provisions are:
(1)
To encourage innovation in residential development
and renewal so that growing demand for housing in Oakland may be met
by a greater variety and maximum choice in the type, design and layout
of dwellings and by the conservation and more efficient use of open
space ancillary to said dwellings;
(2)
To provide, through such innovations, greater opportunities
for better housing and recreation for present and new residents of
Oakland;
(3)
To encourage a more efficient use of land and services
and to reflect changes in the technology of land development;
(4)
To permit greater flexibility in the design of developments
to conserve natural resources such as streams, lakes, floodplains,
wetlands, wooded areas, steeply sloped areas, areas of unusual beauty
and significant natural habitats;
(5)
To assure that the provisions of this chapter providing
for the uniform treatment of dwelling type, density setbacks and open
space within each zoning district may be applied flexibly, in a manner
which would not distort the objectives of this chapter, when dealing
with the improvement of land by other than lot-by-lot development;
and
(6)
To establish a procedure which can relate the type,
design and layout of residential development to the particular site
and the demand for housing at the time of development, in a manner
consistent with the preservation of the property values within existing
residential areas, and to assure that the increased flexibility of
regulations over land development established hereby is carried out
following sound, expeditious and fair standards and procedures.
B.
Eligibility. A proposed development shall be eligible
to use the provisions of this section only if all of the following
requirements are met:
(1)
The proposed PRD shall consist of one or more contiguous
parcels of land under ownership, purchase agreement, option to purchase,
leasehold agreement or other similar legal agreement. Ownership must
be under a single legal entity. However, subparcels may be broken
off to allow other development with the approval of the Mayor and
Town Council of Oakland.
(2)
Minimum acreage. The proposed PRD shall contain a
minimum number of contiguous acres in accordance with the following
schedule:
(a)
CBA - Central Business Area: not permitted.
(b)
TC - Town Center District: not permitted.
(c)
TR - Town Residential District: 10 acres.
(d)
SR - Suburban Residential District: 10 acres.
(e)
C - Commercial Area: not permitted.
(f)
EC - Employment Center: not permitted.
(g)
PD - Preservation District: not permitted.
(h)
RIP - Residential, Institutional-Professional:
10 acres.
(3)
Utilities. All principal buildings within the proposed
PRD shall be connected to Town water and sewage services. All new
electric service, cable television and telephone lines shall be placed
underground.
C.
Types and densities of land uses.
(1)
Housing types. A PRD may contain more than one of
the following types of residential uses: single-family detached dwelling,
modular dwelling, two-family detached dwelling, single-family attached
dwelling and multifamily dwellings.
(2)
Subject to the other provisions of this chapter, a
noncommercial clubhouse designed for community activities may be permitted
in a PRD if it is to be dedicated along with the other community facilities
in open space to the residents and/or any organization formed by the
residents for the administration and maintenance of the common areas
and open space. Any such clubhouse shall be designed to be architecturally
compatible with the community, and if said clubhouse is visible to
surrounding communities, the architectural character of surrounding
communities shall be taken into consideration in its design.
(3)
Subject to the other sections of this chapter, a maintenance
building may be permitted in a PRD zone to the extent it is designed
and intended to serve the needs of the residents and/or any organization
the residents may form for the purpose of administration and maintenance
of the open space. Any such maintenance building shall be designed
to be architecturally compatible with the community, and if said maintenance
building is visible to surrounding communities, the architectural
character of surrounding communities shall be taken into consideration
in its design.
(4)
Maximum density. The maximum density for residential
units in the PRD is as follows: 13 single-family attached dwellings
per acre (in TR, SR, RIP); 13 multifamily dwellings per acre (in TR,
SR, RIP); five single-family dwellings or modulars per acre (in TR);
four single-family dwellings or modulars per acre (in SR or RIP);
and three two-family detached dwellings (six units) per acre (in TR,
SR, RIP).
(5)
Impervious surfaces. The total percent of the PRD
site which is to be covered by buildings, roads, parking areas and
other impervious areas shall be determined, in part, by the size of
the total parcel, but shall not exceed 30% of the total land area.
(6)
Minimum open space. The percent of the PRD site to
be included within common open space shall be no less than 25% of
the total land area. Common open space includes recreation areas,
pedestrian uses areas, steep slopes, floodplains and easements free
of paving and structures, but does not include parking areas, roads
and yard areas within 25 feet of any residential building.
(7)
Height. A PRD may allow an increase in building height
for dwelling units, but it may not exceed an increase of 20%.
D.
Natural features analysis. To determine which specific
areas of the total PRD are best suited for higher density development,
and which areas should be preserved in their natural state as open
space areas, a thorough analysis of the natural features of the site
shall be provided by the applicant and shall address the following
subject areas: hydrology, including floodplain areas and wetlands;
geology; soils, based on the Garrett County Soil Survey; topography,
with particular attention being paid to areas with slopes of 15% or
more; and vegetation.
E.
Community impact analysis. An analysis of the impact
upon the Town's infrastructure, i.e., utilities, roadways and stormwater,
shall be provided if the PRD proposes to exceed standards for density.
(1)
A comparison of the costs to the Town versus the tax
revenues expected to be produced by the PRD shall be included in the
analysis. Market analysis data which estimate potential market demand
for various types of housing in the area of the proposed PRD site
shall also be presented.
F.
PRD site design principles. Conventional siting practices as specified in Article V, such as the setback and orientation of buildings in relation to lot lines, roads and other buildings, may be varied to produce attractive and interesting arrangements of buildings, subject to the following general requirements:
(1)
Residential structures shall be located and arranged
to promote privacy for residents within the PRD and to maintain privacy
for residents adjacent to the PRD.
(2)
Residential and other structures located near the
periphery of the PRD shall be designed to be harmonious with neighboring
areas.
(3)
Residential and other structures located within 200
feet of the perimeter of a PRD shall be set back by a distance sufficient
to protect the privacy of adjacent existing uses; no structure shall
be located within 20 feet from the perimeter boundary line of the
PRD site.
(4)
The natural features of the PRD site shall be major
factors in determining the siting of residential structures. In addition,
the effects of prevailing winds, seasonal temperatures and daily hours
of sunlight shall be considered in designing and siting dwelling unit
structures.
(5)
Residential structures shall be located and sited
to facilitate pedestrian and visual access to common open spaces wherever
possible.
(6)
No single-family structure shall be located less than 15 feet from any road right-of-way. Townhouse or apartment structures shall be a minimum of 10 feet from any road right-of-way. No structure shall be closer than five feet from any alley right-of-way. Notwithstanding anything in this subsection, the provisions of § 300-26, Traffic visibility across corners (clear site triangle), shall be mandatory unless the owner and/or developer can present, to the satisfaction of the Mayor and Town Council, engineering studies which would show that the deviation from § 300-26 would not prevent any hazard to any pedestrian or to vehicular traffic.
(7)
Off-road parking areas required, pursuant to Article VI, in conjunction with permitted nonresidential uses, shall be located and designed to provide direct access to collector, arterial roads or alleys. Any such parking area that includes more than 100 parking spaces shall have access only to a collector road or roads.
G.
PRD common open space.
(1)
The location, shape, size and character of the required
common open space shall be determined by the constraints of the natural
features of the site and the objectives set forth for PRD's in this
chapter.
(2)
Wherever possible, common open space shall be provided
in contiguous or connected areas for maximum visual and pedestrian
accessibility by all residents of the PRD.
(3)
The uses and facilities provided in the common open
space shall be appropriate to the scale and character of the planned
development, considering its natural features, size, land use intensity,
potential population and the number and types of dwelling units to
be developed.
(4)
Significant natural features such as woodland areas,
large trees, natural watercourses and bodies of water, rock outcroppings
and scenic views shall be incorporated into common open space areas
whenever possible.
H.
PRD roads.
(1)
The road system of the PRD shall be designed to relate
harmoniously with land uses within and adjacent to the PRD.
(2)
The road systems of the PRD shall be designed with
the safe integration of pedestrian traffic in mind through the coordinated
design of sidewalks, roads, dwelling units, commercial area, and common
open space.
(3)
The road system of the PRD should be designed to minimize
high volume traffic in residential areas.
(4)
Cul-de-sac roads shall have a turning circle with
a minimum out-paved radius of 40 feet. Island plantings in the middle
of the cul-de-sac shall be permitted, provided the design does not
interfere with the flow of traffic.
(5)
The design and construction of all roads within a
PRD shall conform to the Town's standards for public roads. The Mayor
and Town Council may approve modifications to the standards for roads
that will not be publicly maintained, provided such modifications
are consistent with the Town's Subdivision/Development Policy.
(6)
When designing the roads, consideration shall be given
to the total required number of parking spaces for the PRD, and on-street
parking may be used to fulfill a part of the total parking requirement,
providing that single-family dwellings must still provide two off-street
parking spaces.
(7)
Single-family residences, duplexes, and townhouses
are permitted to have common access easements. Such an easement shall
be a private right-of-way that is shared by a maximum of six units.
A common access easement may take the form of either a spur with only
one end connecting to the street, or a half-hoop with both ends connecting
to the street. Spurs shall have a maximum length of 100 feet. Both
shall have a minimum right-of-way width of 20 feet.
I.
K.
PRD tree conservation and landscaping.[2]
(1)
Existing trees shall be preserved wherever possible.
(2)
Where extensive natural tree cover and vegetation
does not exist and cannot be preserved on the PRD site, landscaping
shall be provided to enhance the appearance of the PRD, aid in erosion
control, provide protection from wind and sun, screen roads and parking
areas, and enhance the privacy of dwelling units.
(3)
Street trees shall be provided along all arterial
and collector roads, unless the Mayor and Town Council determines
that existing trees to be preserved will serve the same purpose. A
minimum of two trees with a minimum trunk width of three inches measured
one foot above the ground shall be provided for each 50 feet of road
perimeter. Such trees shall be planted at a distance from the road
that is sufficient to avoid future conflicts with the road.
L.
PRD ownership, maintenance and preservation of common
open space.
(1)
The applicant and/or developer of a PRD shall make
provisions to assure that the common open space land continues such
as and that it shall be properly maintained. The developer shall provide
for and establish an organization for the ownership, maintenance and
preservation of open space which shall conform to the following standards
and procedures:
(a)
The organization shall be established by the
developer before sale or rental of dwelling units in the PRD.
(b)
The form, financial capability, rules of membership
and methods of cost assessment of the organization shall be designed
to insure the successful fulfillment of the maintenance, preservation
and improvement responsibilities of the organization.
(c)
The organization responsible for maintenance,
preservation, and improvement of common open space areas shall become
the sole owner of the common open space lands no later than the time
that 20% of the residential lots or units have been transferred into
the hands of private individuals. Prior to such transfer taking place,
the developer, after consultation with the organization, shall create
the organization as a legal entity, and shall provide and record its
charter, and shall present to it a proposed set of bylaws which shall
establish the procedures and mechanism before the operation of the
organization, at which shall clearly state that the main purpose and
responsibility of the organization is to maintain and administer the
common open space lands and common facilities.
(d)
The organization shall have or hire adequate
staff to administer common facilities and maintain the common open
space.
(e)
If the developer should grant to the Town of
Oakland a portion of the common open space, it shall be the Town's
responsibility to maintain that portion of the common open space.
(f)
In the event that the organization established
to own and maintain a common open space, or any successor organization
thereto, shall at any time after establishment of the PRD fail to
maintain the common open space in reasonable order and condition in
accordance with the development plan, the Town may serve written notice
upon such organization, or upon the residents and owners of the PRD,
setting forth the manner in which the organization has failed to maintain
the common open space in reasonable condition, and said notice shall
include a demand that such deficiencies of maintenance be corrected
within 30 days thereof, and shall state the date and place for a hearing
thereon which shall be held within 14 days of the notice. At such
hearing the Oakland Town Council may modify the terms of the original
notice as to the deficiencies and may give an extension of time within
which they shall be corrected.
[1]
If the deficiencies set forth in the original
notice or in the modification thereof shall not be corrected within
said 30 days or any extension thereof, the Town, to preserve the taxable
values of the properties within the PRD and to prevent the common
open space from becoming a public nuisance, may enter upon said common
open space and maintain the same for a period of one year. Said entry
and maintenance shall not constitute a taking of said common open
space, nor vest in the public any rights to use the same.
[2]
Before the expiration of said year, the Town
upon its initiative or upon the request of the organization theretofore
responsible for the maintenance of the common open space shall call
a public hearing upon notice of such organization, or to the residents
and owners of the PRD, to be held by the Town, at which hearing such
organization or the residents and owners of the PRD shall show cause
why such maintenance by the Town shall not, at the option of the Town,
continue for a succeeding year.
[3]
If the Town shall determine that such organization
is not ready and able to maintain said common open space in a reasonable
condition, the Town may, in its discretion, continue to maintain said
common open space during the next succeeding year and subject to a
similar hearing and determination in each year thereafter. The decision
of the Town in any such case shall constitute a final administrative
decision subject to judicial review.[3]
(g)
The cost of such maintenance by the Town shall
be assessed ratably against the properties within the PRD that have
a right of enjoyment of the common open space and shall become a lien
on said properties. The Town at the time of entering upon said common
open space for the purpose of maintenance, shall file a notice of
lien in the office of the Clerk of the Circuit Court for Garrett County,
upon the properties affected by the lien within the PRD.
M.
PRD procedural requirements. The plans and other required
supplementary data for a proposed PRD shall be submitted for review
and approval in accordance with the requirements and procedures specified
below:
[Amended 10-1-2007 by Ord. No. O2007-04]
(1)
PRD preapplication consultation.
(a)
Prior to preparing and submitting an application
for tentative approval, the applicant and/or developer of a proposed
PRD shall consult with the Mayor and Town Council and the Oakland
Planning Commission in a joint meeting. The purpose of the informal
meeting shall be to discuss the general intent of the applicant and/or
developer, to consider relationships to the Town Comprehensive Plan,
and to outline the approval process and the specific requirements
for plan preparation and submission. At such meeting, a sketch plan
of the proposed development shall be submitted showing:
(b)
No official action shall be taken at this meeting;
however, input shall be provided to the applicant and/or developer
on the proposed PRD.
(2)
The applicant and/or developer may apply to the Town
for tentative approval of the proposed PRD by an application consistent
with the requirements of this section. Such application for tentative
approval of a PRD shall be executed by the applicant and/or developer,
and by the landowner if, at the time of the application, the applicant
and/or developer is not the owner of the land subject to the PRD.
The application shall be filed with the Town Clerk, and shall include
documentation illustrating compliance with all of the standards for
PRD's herein specified and shall constitute a preliminary version
of the development plan for the PRD. The application for the tentative
approval shall include the following plans and documents necessary
to determine the adequacy of the proposals:
(a)
A site map or maps at a scale of one inch equals
100 feet, showing, at a minimum, hydrology and topography of the site.
The site map shall clearly illustrate all of the natural features
of the site proposed for the PRD.
(b)
A site development plan at a scale of one inch
equals 100 feet, showing the size, type and approximate location of
all proposed roads and walkways; parking areas; buildings; common
open spaces and facilities; sanitary sewer, water supply and storm
drainage and other utility lines; and other proposed development features;
and showing the relation of such proposed features to existing features
of the same type on or adjoining the site.
(c)
The proposed text of the deed restrictions or
other legal documents relating to the ownership of the common space
areas, and summary information about the substance of covenants, grant
of easements or other restrictions to be imposed upon the use of the
land, buildings and/or structures.
(d)
A written statement by the landowner setting
forth the reasons why, in his opinion, the PRD would be in the public
interest and would be consistent with the Town's Development Plan.
(e)
Such other information and documentation as
may reasonably be required by the Mayor and Town Council and the Oakland
Planning Commission to determine the adequacy of the proposed plans
for the proposed PRD.
(3)
A full copy of the application, plans and documents
shall be forwarded by the Town Clerk to the Oakland Planning Commission
upon receipt. A joint public meeting shall be held with the Mayor
and Town Council and the Oakland Planning Commission not less than
30 after application is made. The Oakland Planning Commission must
then give its recommendation to the Mayor and Town Council within
15 days of the public meeting.
(4)
Action by the Mayor and Town Council. After hearing
the recommendation of the Oakland Planning Commission regarding the
proposed PRD, the Mayor and Town Council shall within 15 days render
a decision in one of the following methods:
(5)
Findings of fact. The grant or denial of tentative
approval by the Mayor and Town Council shall be stated in writing
to the applicant and/or developer, describing the reasons for the
approval, with or without conditions, or for denial, and describing
with particularity in what respects the development plan would or
would not be in the public interest, including but not limited to
findings of fact and conclusions on the following:
(a)
The extent to which the PRD is or is not consistent
with the Town Comprehensive Plan.
(b)
The extent to which the development plan departs
from zoning or other regulations applicable to the subject property,
including but not limited to density, land coverage, setback or any
other applicable regulation or requirement of the Town Zoning Ordinance
or any other Town ordinances and shall state the reasons why departures
are or are not deemed to be in the public interest.
(c)
The purpose, location and amount of the common
open space in the planned residential development, the reliability
of the proposals for maintenance and conservation of the common open
space as related to the proposed density and type of residential development.
(d)
The physical design of the development plan
and the manner in which the design does or does not make adequate
provision for public services, provide adequate control over vehicular
traffic, and further the amenities of light and air, recreation and
visual enjoyment.
(e)
The relationship, beneficial or adverse, of
the proposed PRD to the neighborhood in which it is proposed to be
established.
(f)
In the case of a development plan which proposes
development over a period of years, the sufficiency of the terms and
conditions intended to protect the interests of the public and the
residents of the PRD in the completion of the development plan.
(6)
Status of tentatively approved PRD plan. Tentative
approval of a development plan shall not qualify a plat of the PRD
for recording nor authorize development or the issuance of any building
permits. A development plan which has been given tentative approval
with conditions which have been accepted by the applicant and/or developer
(and provided that the applicant has not defaulted or violated any
of the conditions of the tentative approval) shall not be modified
or revoked nor otherwise impaired by action of the Town pending an
application for final approval, without the consent of the applicant;
provided, however, that the tentative approval of a plan shall not
be valid for more than 12 months from the date thereof, unless an
extension of time is granted in writing by the Mayor and Town Council.
(7)
Application for final PRD approval. The application
for final approval of a tentatively approved plan shall be executed
by or on behalf of the landowner and shall be filed with the Mayor
and Town Council before the expiration of the tentative approval.
The final PRD plan shall conform substantially to the approved tentative
plan. Any proposed changes must be fully delineated on the documents
submitted and required to be submitted for approval of the final PRD
plan, and must be fully explained to the Mayor and Town Council at
the public hearing. The Mayor and Town Council shall, in its sole
discretion, have complete authority to reject any such changes from
the tentative PRD plan. The applicant may, however, submit part of
the tentative PRD plan for approval as a final PRD plan which the
applicant proposes to record and develop at that time. Upon receipt
of the application for final approval, the Town Clerk shall forward
a copy of the application to the Oakland Planning Commission.
(8)
The Mayor and Town Council and the Oakland Planning
Commission shall hold a joint public hearing on the application for
final PRD approval. Notice of the public hearing shall be given, including
the date, time, place, and subject matter thereof, in at least one
local newspaper for two successive weeks, prior to the hearing. The
hearing shall be scheduled not less than 30 days nor more than 45
days from the date of application for final PRD approval. The Mayor
and Town Council shall utilize a formal procedure under which the
applicant and/or developer shall present its case, and any person
appearing in favor or opposition to the application may be heard.
The application for final approval shall include copies of the following
documents in the number specified by the Mayor and Town Council:
(a)
The final plan of the PRD shall be drawn at
a scale of one inch equals 50 feet, suitable for recording, and showing
at least the following data:
[1]
North arrow, date, written and graphic scales;
[2]
Accurate boundary lines of all lots, roads,
rights-of-way and common open space areas, with bearings, distances
and curve data sufficient to permit all lines to be located by survey
on the site, and with linear dimensions to the nearest 10 seconds
of arc, and closing with an error of not more than one foot in 10,000
feet;
[3]
A listing of the total acreage of the PRD, the
area within each lot or other parcel, the land uses in each area,
the total number of dwelling units, number of each type of dwelling
unit, the average total residential density and the total residential
density in each section;
[4]
Locations and dimensions of all roads, including
right-of-way and cartway lines, parking areas, pedestrian walkways,
easements and permanent monuments on property line markers;
[5]
Building coverage lines accurately locating
all dwelling units and nonresidential structures, giving dimensions
of the structures, distances between the structures, distances to
road lines and parking areas, with distances accurate to the nearest
hundredth of a foot;
[6]
Location of common open space areas, specifically
indicating those areas to be developed for active recreation, and
showing the type of the exact location of structures and facilities
to be developed in the common open space areas;
[7]
Name and address of the landowner and developer,
identification of the deed or deeds giving title to the land within
the PRD, and the election district and tax map numbers; and
[8]
Seal and signature of the registered engineer
or registered land surveyor certifying the accuracy of the plan. Seal
and signature of a registered land surveyor certifying the accuracy
of the survey.
(b)
The final plan of the PRD shall be accompanied
by the following plans and information:
[1]
Final construction drawings for the installation
of all site improvements required under this chapter or other Town
regulations, and including profiles and cross-section drawings for
road, sanitary sewer, water supply and storm drainage systems.
[2]
Architectural drawings illustrating exterior
designs and typical floor plans of typical dwelling units of each
type and nonresidential structures to be constructed.
[3]
All covenants running with the land governing
the reservation and maintenance of dedicated or undedicated common
open space land. These covenants shall be subject to acceptance by
the Town Attorney as to their legal sufficiency.
[4]
Restrictions of all types which will run with
the land and become covenants in the deeds of lots shown on the final
plan.
[5]
Such certificates of approval by other authorities
as required by this chapter or by law, including certificates approving
the water supply system, the sanitary sewer system and the erosion
and sediment control plan.
(c)
To guarantee that the improvements required
by this chapter or by law will be constructed by the applicant and/or
developer and without cost to the Town, the final plan shall be accompanied
by one or a combination of the following documents:
[1]
A certificate from the applicant and/or developer,
signed by the Town Clerk certifying that cash in an escrow account,
or certified check, bond or other acceptable security or combination
thereof, payable to the Mayor and Town Council of Oakland and satisfactory
thereto in form, sufficiency and legal execution, has been filed with
the Town Clerk. The form of such escrow account, bond, certified check
or other acceptable securities shall specify the time for the completion
of the required improvements, and shall provide that, when the improvements
have been completed and approved by the Town, the guarantee shall
be released and returned; it may also provide that as the required
improvements progress and are approved by the Town, a portion of the
bond, monies or other security commensurate with the cost of the improvement
may be released and returned to the applicant; or
[2]
A certificate from the applicant, signed by
the Town Council, certifying that all or the specified parts of the
required improvements have been constructed, installed or completed
in a manner acceptable to the Town for compliance with this chapter.
(9)
Action by the Town Planning Commission on PRD. The
Oakland Planning Commission shall provide in writing to the Mayor
and Town Council a recommendation with respect to the approval, disapproval,
or approval with conditions of the final plan of the proposed PRD.
In making its recommendation, the Planning Commission shall address
each of the findings of fact in accordance with the requirements of
this chapter for approval of a PRD. This recommendation shall be submitted
to the Oakland Town Council not later than 15 days after the date
of the public hearing.
(10)
Action by the Oakland Mayor and Town Council on the PRD. The Mayor and Town Council shall follow the procedures set forth in this Subsection M(10) in considering and approving or disapproving the final PRD:
(a)
If the final plan and all supporting data comply
with the provisions of this chapter and with the conditions, if any,
specified in the grant of tentative approval, the Mayor and Town Council
may approve the final plan upon receipt of the recommendation of the
Oakland Planning Commission. The Mayor and Town Council may impose
conditions precedent with its approval.
(b)
Notwithstanding the provisions of the previous
Subsection M(10)(a), the Mayor and Town Council may reject the proposed
final PRD, after the public hearing, based upon a negative recommendation
of the Planning Commission or if the Mayor and Town Council finds
by clear and convincing evidence one of the following:
[1]
That the proposal is not in conformance with
the Town's adopted Comprehensive Plan. The Mayor and Town Council
is empowered to make its own independent judgment with respect to
this matter.
[2]
That the benefit to the public interest of allowing
the special process provided for in this section, whereby the development
of a PRD is given flexibility from the various restraints and requirements
of this chapter, does not justify the granting of the PRD in that
the PRD would be less beneficial to the future development and planning
objectives of Oakland than would be the development of the same parcel
according to the requirements of the Zoning Ordinance for the zoning
district in which it is located.
[3]
That any deviation from the requirements of Articles V through VIII of this chapter, proposed as part of the final PRD, are not justified as being necessary to the plan or if the Town Council finds that such variations are intended for the pecuniary gain of the applicant and/or developer rather than the achievement of the goals set forth herein for a PRD.
(c)
The Mayor and Town Council must render a decision
within 15 days after receipt of the recommendation of the Oakland
Planning Commission, unless extenuating circumstances prevent such
decision.
(11)
Effect of final approval of PRD. Final approval of
a plan shall constitute an irrevocable offer by the applicant and/or
developer to dedicate to the Mayor and Town Council of Oakland all
roads, rights-of-way or other areas for public use so indicated upon
the plan, but said final approval shall not be deemed to constitute
or effect any acceptance by the Mayor and Town Council of Oakland
or the public in general of any such use unless and until formally
accepted in the usual legal manner for public use or ownership. The
Mayor and Town Council of Oakland shall have the right at any time
to accept said offer of dedication by ordinance, or by instrument
recorded among the land records of Garrett County, incorporating the
same by reference designating said acceptance and approval.
(12)
Recording of final PRD plan. A copy of the approved
final plan bearing the signature of the Mayor of Oakland and or the
President of the Town Council and all other required endorsements
shall be filed among the land records in the office of the Clerk of
the Circuit Court of Garrett County within 90 days after the date
of approval; if said plan is not thus filed, the Council's approval
shall become null and void.
(13)
Enforcement and modification of the PRD plan. To further
the mutual interests of the residents in the PRD and of the public
for the preservation of the integrity of the development plan, as
finally approved, and to insure that modifications, if any, in the
development plan shall not impair the reasonable reliance of the said
residents upon the provisions of the development plan, nor result
in changes that would adversely affect public interest, the enforcement
and modification of the provisions of the development plan as finally
approved, whether those are recorded by plat, covenant, easement or
otherwise, shall be subject to the following provisions:
(a)
The provisions of the development plan relating to the use, size and location of buildings and structures; the quantity and location of common open spaces, except as otherwise provided in this chapter; any part of the plan which deviates from the requirements of Articles V through VII hereof; and the intensity of use or the density of residential units shall be deemed and shall become covenants on the land upon which the PRD is developed and shall run in favor of the Mayor and Town Council of Oakland and shall be enforceable in law or in equity by the County without limitation on any powers of regulation otherwise granted by law.
(b)
Recordation of the final PRD plan as provided for in Subsection M(12) shall be record notice of said covenants to all persons, including the developer and any purchasers of lots or units within the PRD.
(c)
The applicant and/or developer shall be required
to give notice of the recordation of the plat, and the existence of
the covenants provided for herein, in any deed of any unit, lot or
parcel, within the PRD to any third person.
(d)
Further provisions of the development plan shall
run in favor of the residents of the PRD but only to the extent expressly
provided in the development plan, and to that extent said provision,
whether recorded by plat, covenant, easement or otherwise, may be
enforced by law or equity by said residents acting individually, jointly,
or through an organization designated in the development plan to act
on their behalf; provided, however, that no provisions of the development
plan shall be implied to exist in favor of residents of the PRD except
as to those portions of the development plan which have been finally
approved and have been recorded.
(e)
All those provisions of the development plan
authorized to be enforced by the Mayor and Town Council under this
section may be modified, removed or released by the Town, except grants
or easements relating to the service or equipment of a public utility,
subject to the following conditions:
[1]
No such modification, removal or release of
the provisions of the development plan by the Town shall affect or
prejudice the rights of the residents of the PRD to maintain and enforce
said provisions, at law or equity, as provided herein; nor shall it
prejudice any commitment or contract made by said residents pursuant
to any of the provisions hereof.
[2]
No modification, removal or release of the provisions
of the development plan by the Town shall be permitted except upon
a finding by the Mayor and Town Council, following a public hearing
thereon pursuant to public notice called and held accordance with
the provisions of this chapter, that the same is consistent with the
efficient development and preservation of the entire PRD, does not
adversely affect either the enjoyment of land of residents of the
PRD or that of persons whose land abutting upon or across the road
from the PRD or the public interest, and is not granted solely to
confer a special or pecuniary benefit upon any person.
A.
Purposes. This section is intended to safeguard and
promote the public health, safety and general welfare by:
(1)
Regulating development in areas known to possess characteristics
indicative of flooding and/or chronic wetness.
(2)
Maintaining adequate natural drainageways to carry
abnormal water flows during periods of heavy precipitation and snow
melt.
(3)
Restricting the construction of improvements in locations
where they would likely be damaged by floods or where they could be
washed away and cause damage to downstream properties.
(4)
Preventing encroachments on floodways which would
cause damage to other properties along the watercourse by increasing
the height and the velocity of floods.
(5)
Preventing health and safety hazards along drainageways
during floods by preventing the placing or storing in the floodway
of unsanitary or dangerous substances.
(6)
Reducing the financial burden imposed on the Town
and its residents by frequent and periodic floods, overflows on land
and erosion.
(7)
Assuring the eligibility of the Town so that residents
in endangered areas may obtain reasonable surety for their homes through
the National Flood Insurance Act of 1968.
(8)
Permitting and encouraging the retention of open land
uses located and designed to constitute an appropriate part of the
physical development of the Town as provided in the adopted Comprehensive
Development Plan.
B.
BUFFERS
FLOODPLAINS
NONTIDAL WETLANDS
Definitions. The provisions of this section shall
apply to all areas, which are hereby designated to include:
All land lying within 25 feet measured horizontally from
the edge of any nontidal wetland, stream, drainageway or body of water.
All areas delineated as one-hundred-year floodplains in studies
and/or maps published by the Federal Emergency Management Agency.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation." The area shall be determined using
the "Corps of Engineers Wetland Delineation Manual."
C.
Review procedure. All land lying in floodplains, nontidal
wetlands or buffers shall be subject to the following procedure:
(1)
Where an application for use of such land involves
or includes permanent structures or facilities, including but not
limited to buildings, septic systems and wells, the Zoning Administrator
shall transmit a copy of such application and supplementary information
to the Garrett Soil Conservation District, a copy to the Garrett County
Health Department, and a copy to the Maryland Department of the Environment,
requesting the written comments of each such reviewing agency regarding
the proposed use. The Zoning Administrator may also request the written
comments of all other county, state or federal agencies with a relevant
interest.
(2)
In addition to the information ordinarily required
for a zoning permit, the Zoning Administrator may require the applicant
to supply any or all of the following supplementary information to
assist in the thorough and equitable evaluation of the proposed use:
(a)
The existing and proposed contours at a contour
interval of two feet;
(b)
The existing and proposed elevations of the
levels of the land involved at the corners of the foundation of any
buildings and utility facilities and at the intersection of any street;
(c)
The lowest elevation of the lowest proposed
floor level and the main floor elevation within all proposed buildings
and for all proposed utility facilities;
(d)
The layout of existing and proposed streets
and the nature, extent and location of existing and proposed utilities;
and
(e)
A detailed on-site soil survey prepared by a
qualified soil scientist and/or a detailed engineering investigation
by a registered professional engineer in accordance with survey techniques
approved by the Garrett Soil Conservation District.
(3)
The Zoning Administrator shall delay action on such
application for a period of 30 days from the date of transmittal to
the agencies listed above. If no written request is received, or if
no request for a reasonable extension of the review time is received
from said agencies within said 30 days, the presumption shall be that
the agency has no objections to the proposed use.
(4)
If the application complies with all other relevant
provisions of this chapter, the Zoning Administrator, after the expiration
of said 30 days or of such reasonable additional review time as may
have been granted, shall either disapprove the application, or shall
approve the application and issue a zoning permit or shall approve
the application subject to such additional requirements as may seem
necessary, reasonable and proper to protect the public interest in
reducing flood hazards or to protect the public health, safety or
welfare, based upon the written comments of the reviewing agencies.
Such additional requirements may include, and the reviewing agencies
may suggest that such additional requirements include, without being
limited to, prohibiting or restricting one or more of the following
uses and activities:
(a)
All buildings, including residential, commercial,
industrial and other buildings intended for human occupancy or employment.
(b)
All refuse sites, excavation sites, dumps, junkyards,
storage or animal waste materials, or the storage of inflammable liquids
such as petroleum.
(c)
The filling of wetlands, the removal of topsoil,
the damming, changing, or relocation of any watercourse.
(d)
The installation or use of any sewage disposal
facilities or portable water supply facilities.
D.
Minimum construction standards. The following minimum construction standards shall apply to all uses which may in the future be permitted in one-hundred-year floodplains delineated pursuant to Subsection B above, and the standards may be specified by the Zoning Administrator as additional requirements in granting approval pursuant to Subsection C(4) above.
(1)
No building shall be erected or located in any floodplain
unless the main floor elevation of said building shall be not less
than one foot above the design floodplain water elevation.
(2)
Any structure placed in the floodplain shall be firmly
anchored to prevent floodwaters from carrying it downstream. Such
anchoring shall be sufficient to withstand the computed flood velocity.
The Zoning Administrator shall require the applicant to submit the
written opinion of a registered professional engineer that the proposed
structural design meets this standard.
(3)
All materials and equipment located or stored below
the main floor elevation of any building located in a floodplain shall
be protected from flood damage. The Zoning Administrator may require
the applicant to install a water pump in any such building. No living
accommodations shall be located below the main floor elevation of
any such building.
(4)
Notwithstanding other provisions of this chapter,
the total area of all buildings and impervious surfaces located in
a floodplain shall not cover more than 35% of the total lot or land
area, in order that the remaining land will be open and allow for
the unobstructed passage of water; the remaining open land, however,
may be used for parking and loading areas, landscaping, required access
drives, required yards, and similarly permitted open uses.
(5)
No building or improvement located in a floodplain
shall be located or designed so as to impede unreasonably the movement
or flow of surface water or debris.
E.
Effect of approval. The granting of approval of a
site development plan or the issuance of a zoning permit for any building
or use located in or within 100 feet of a floodplain shall not constitute
a representation, guarantee or warranty of any kind or nature by the
Zoning Administrator, or by any other public body or official, as
to the practicability or safety of any structure or use proposed or
erected and shall create no liability upon or cause action against
such public body or official for any flood, chronic wetness, or pollution
damage that may result pursuant thereto.
Outdoor storage of materials, equipment and
supplies outside of completely enclosed buildings shall be permitted
as a use accessory to commercial, industrial, home occupation and
other nonresidential uses, provided all such outdoor storage areas
shall be effectively screened from the view from adjoining properties
and public streets by dense evergreen planting at least six feet high
or by a solid wall, screen or fence of equal height.
No satellite TV dish, TVRO dish, earth station, TV antenna, aerial, or the like shall be located closer than 15 feet to any property line. Any such dish shall be subject to the provisions of § 300-18, Satellite TV dishes, TVRO dishes or stations, earth stations and similar devices.
Where permitted, mobile home parks shall be
designed, constructed and maintained in accordance with the provisions
of this section, and in accordance with applicable state and county
health regulations. Mobile homes within the park may be replaced in
accordance with the standards specified below as long as the total
number of mobile homes for which the park was approved is not exceeded.
A.
Lot standards.
(1)
Individual mobile home lots located in a mobile home
park shall contain at least 5,400 square feet of lot area and shall
not be less than 45 feet wide at the building setback line, exclusive
of easements.
(2)
The maximum number of mobile home lots permitted in a mobile home park shall be computed by subtracting from the gross site area a fixed percentage of 10% of said area for usable open space and dividing the remaining 90% of the area by the minimum lot requirements specified in Subsection A(1) above; provided, however, that in computing the maximum number of mobile home lots that may be created, any lands which are located within an environmental protection floodplain area, which are occupied by public utility easements, or which have a slope in excess of 25% in such a manner as to limit their use or prevent their development shall not be considered part of the gross site areas.
B.
Yard and setback standards.
(1)
There shall be a minimum distance of 25 feet between
an individual mobile home and the pavement of an adjoining park, street,
or common parking area or other common areas within the mobile home
park.
(2)
All mobile homes shall be separated from each other
by at least 20 feet.
(3)
Each mobile home lot shall have a concrete stand or
pad.
C.
Street standards.
(1)
Access to mobile home parks shall be designed to minimize
congestion and hazards at the entrance or exit and allow free movement
of traffic on adjacent public streets.
(2)
All mobile home parks shall have safe and convenient
paved access streets serving every mobile home lot. Alignment and
gradient shall be properly adapted to topography, in accordance with
Town roads standards.
(3)
All streets shall be kept in good repair.
D.
Off-street parking standards.
(1)
Off-street parking areas shall be provided in all
mobile home parks for the use of park occupants and guests. Such areas
shall be provided at the rate of at least 1 1/2 vehicular parking
spaces for each mobile home lot; provided, however, that one space
may be provided within each mobile home lot and that such spaces may
be counted in partial satisfaction of this requirement.
(2)
Each required off-street parking space shall contain
at least 200 square feet, not including accessways, and shall be located
not more than 300 feet from the mobile home lot that it is intended
to serve.
E.
Buffer and open space standards.
(1)
A suitably screened or landscaped buffer strip at
least 10 feet wide shall be provided by the developer along all of
the property and street boundary lines separating the mobile home
park from adjacent uses.
(2)
All mobile home parks shall provide not less than
10% of the total land area for usable open space and recreation purposes.
Usable open space shall be so located as to be free of traffic hazards
and should, where the topography permits, be centrally located and
easily accessible to all park residents.
F.
Other site improvements.
(1)
Individual tenants at the mobile home park may construct
attached enclosures to individual mobile homes, provided that all
other requirements relating to lot size, setbacks and so forth are
met and that no such enclosure may exceed 100% of the floor area of
the mobile home. Individual building permits shall be required for
such enclosures in each case.
(2)
All parks shall have safe, convenient all-season pedestrian
walks of adequate width for intended use, durable and convenient to
maintain, between individual mobile home lots, the park streets and
all community facilities provided for park residents.
A.
New slopes. If any new slope shall be proposed in
any development of a slope greater than 25%, the application for said
development shall provide a written description of the measures that
will be used to stabilize such slope, together with a legally binding
timetable for the implementation of such measures.
B.
New construction on slopes over 15%. For any construction
of a new principal building or a new parking lot on land that includes
existing natural slopes over 15%, the applicant shall:
(1)
Show, to the satisfaction of the Zoning Administrator,
that existing trees or other vegetation will be preserved to the maximum
extent reasonable, or be immediately replaced by new trees and other
vegetation;
(2)
Show, to the satisfaction of the Zoning Administrator,
that grading and the percentage of the lot covered by buildings and
paving will be reasonably minimized;
(3)
Submit a plan to the Zoning Administrator showing
that existing or proposed stormwater collection and conveyance features
are adequate for any increase in runoff;
(4)
Regardless of project size, obtain and implement a
county-approved grading and stormwater management permit, at the expense
of the property owner or developer; and
(5)
Carry out the approved erosion and sediment control
plan at the property owner's expense.
C.
New construction on slopes over 30%.
(1)
If natural slopes over 30% are present on a proposed lot, then the applicant shall submit a site plan with any application for either a building permit or zoning permit that shows the locations of all buildings, paved areas, etc., and designates the maximum portions of the lot that will be used for construction of principal buildings. The applicant may be able to avoid some or all of the requirements of this Subsection C by restricting construction to the less steep portions of a lot.
A.
Setback. No new principal buildings, off-street parking, loading
area or commercial or industrial outdoor storage area shall be located
within 25 feet of the top of the primary bank of any perennial waterway.
This setback shall not apply for any stream or portion of stream that
flows through an underground water course.
[Amended 6-6-2016 by Ord.
No. O2016-03]
B.
No new or expanded paving or stone surface shall be
placed within the setbacks established by Oakland's duly adopted Floodplain
Ordinance, Ordinance No. O91-01, adopted on November 4, 1991,[1] except for:
C.
Property owners are strongly encouraged, but not required,
to maintain the stream buffers in natural vegetation, and to plant
new trees in areas without significant existing vegetation. Subdividers
are encouraged to establish deed restrictions to limit tree cutting
within this buffer.
Federal habitat. The Zoning Administrator shall
notify an appropriate federal agency in writing if an application
for development is submitted that could affect a site known to the
Zoning Administrator to have been identified by a federal agency as
a habitat for a federally designated rare, threatened or endangered
species.
