A.
No part of any planned subdivision of land that will
be served by a community or multi-use sewerage system, as defined
by the State Department of Health and Mental Hygiene, will be finally
approved by the County if the total planned subdivision will generate
5,000 gallons of average daily sewage flow, unless that part of the
subdivision to be recorded and its respective sewerage system is in,
at least, an "immediate priority" sewer service area in the Harford
County Master Plan for water and sewer. A determination of the amount
of average daily sewage flow by the Harford County Department of Public
Works shall be final as to the developer for the purposes of this
section. Water and sewer facilities are highly dependent on the topography
to provide effective and efficient utility services. If required,
by the Director of Public Works, drainage and utility easements shall
be provided between lots wider than the minimum side yard widths allowed
by the Harford County Zoning Code, as amended. This requirement may
necessitate wider lots at these locations.
B.
The subdivision layout shall conform to the Master
Plan and Zoning Code of Harford County, as amended.
[Amended by Bill Nos. 11-06; 22-013]
In addition to all other requirements, all subdivision of land which lies within the area designated as the Chesapeake Bay Critical Area Program shall also meet all requirements of § 267-63 through § 267-63.21 of the Harford County Zoning Code, as amended. In addition, applications for subdivision of land which lies within the Chesapeake Bay Critical Area Program shall be forwarded by the Department of Planning and Zoning to the Chesapeake Bay Critical Area Commission in accordance with COMAR 27.03.01.
A.
Streets and roads shall conform to the Harford County
Transportation Element Plan.
B.
Wherever a tract of land to be subdivided includes
any part of a road indicated on the Transportation Element Plan, the
location, type and construction of such road shall be incorporated
by the subdivider in the layout plan.
C.
Notwithstanding the provisions of Subsection B, when a tract of land to be subdivided abuts an existing County road, the subdivider shall, as a condition of subdivision approval, deed to the County a road improvement right-of-way appropriate to the road and its functional classification. When the tract fronts along one side of the existing road, the subdivider shall deed 1/2 of the required right-of-way, generally calculated from the center line of the existing road. Title to road improvement rights-of-way shall be good and marketable and free of financial liens.
A.
For the purpose of this section, the term "subdivision"
shall not include a division of land which creates or permits a residential
or agricultural subdivision not exceeding 5 lots, including lots around
existing dwellings, from a parcel or tract of land as it existed on
February 8, 1977.
C.
No subdivision or development shall be approved unless
it directly accesses to an existing paved road network. All roads
providing access from a subdivision/development to an existing paved
County or state road shall be constructed to the appropriate County
road specifications by the subdivider/developer, if the subdivider/developer
desires to proceed with the project prior to the County's performing
the required construction pursuant to the County's capital improvements
program. If a developer decides to undertake construction, a public
works agreement shall be executed as required by law.
D.
Construction of access road. Any new or existing road
right-of-way or access way, leading from an existing County or state
road to the proposed project and all internal roads, including stub
roads, shall be constructed or improved to the prescribed width and
road construction, as set forth in the Subdivision Regulations of
Harford County and the Harford County Road Code, as amended.
E.
Frontage improvements.
(1)
Proposed developments, including residential, business,
industrial or institutional developments or subdivisions to be constructed
along existing County roadways will be required to improve County
roadways along their property in order to provide safe ingress and
egress to the site and to mitigate the impact of that development.
Should construction of the roadway be considered infeasible at the
time of development, the developer may deposit the estimated construction
cost in an account with Harford County for the future improvements
of that roadway to the designated County road standards.
(3)
The extent of the road improvements required pursuant
to this section shall be determined by the Department of Planning
and Zoning with the concurrence of the Department of Public Works
at the time of preliminary plan approval.
(4)
Construction of road improvements shall be required
of a property owner pursuant to this section, if 1 or more of the
following is applicable:
(a)
The additional traffic to be placed on the roadway
is directly related to the proposed development and necessitates additional
improvements to the road;
(b)
The present road condition is not adequate to
handle the traffic to be generated by the proposed development; or
(c)
The road improvements would otherwise benefit
the subdivision and are related to the protection of the health, safety
and general welfare of the residents of the subdivision.
(5)
Timing of requirements for road, sanitary and other
improvements. The minimum improvements which a subdivider/developer
will be required to make, or enter into agreements to make, shall
be completed in full compliance with the requirements, standards and
specifications as contained in the Harford County Code, Subdivision
Regulations and Road Code, all as amended. Nothing, however, shall
be construed to prohibit the subdivider/developer from constructing
improvements of a higher type than the minimum required by such regulations.
Improvements shall be made in accordance with the following;
(a)
All improvements shall be completed prior to
recordation of the final plat of the subdivision for approval with
the Department of Planning and Zoning. This must be in accordance
with the specifications and under the supervision of the officials
having jurisdiction;
(b)
In lieu of completing the improvements required,
the subdivider/developer shall furnish Harford County with a cash
deposit, letter of credit or performance bond executed by a surety
company approved by the Department of Law and naming Harford County
as sole obligee in an amount sufficient to cover the cost of any or
all improvements required to be installed by the subdivider as estimated
by Harford County. The posted security shall ensure the actual construction
and installation of such improvements; or
(c)
Upon the written request of the subdivider/developer,
in lieu of completing the improvements required, and upon mutual recommendation
by the Department of Public Works and Department of Planning and Zoning
and approval by the Department of Law, the subdivider/developer shall
deposit the cost, as estimated by Harford County, of constructing/installing
any and all improvements required in an interest-bearing escrow account
with Harford County, thereby insuring the actual construction/installation
of such improvements. Such an account may be permitted to be established
when:
[1]
The construction of the road improvement is
considered by the Department of Public Works to be infeasible at the
time because of existing physical or topographic conditions, or the
developer/County is unable to acquire the necessary rights-of-way;
or
[2]
The County has a proposed capital project set
forth in the capital improvements program.
(6)
Phasing. Upon the mutual recommendation of the Department
of Public Works and the Department of Planning and Zoning, in subdivisions
exceeding 100 lots the improvements may be phased over a period of
time and on a schedule to be determined by the Department of Public
Works and the Department of Planning and Zoning. The phasing schedule
shall be incorporated in the concept plan approval for projects requiring
concept plan approval and in the preliminary plan approval for all
other projects.
The developer or County will acquire rights-of-way
which are necessary to accommodate improvements required by these
Regulations.
A.
To the extent such rights-of-way are owned by persons
other than the developer, Harford County, at the developer's request,
shall initiate negotiations for the required rights-of-way to be paid
for by the developer.
B.
In the event Harford County or the developer is unable to obtain the necessary rights-of-way through negotiations, Harford County may, at its sole expense, initiate condemnation proceedings in accordance with § 1-29A, as amended, of the Harford County Code, the County shall pay the property owner for rights-of-way acquired under this section.
C.
To the extent land required for such rights-of-way
are owned by the developer, then said rights-of-way shall be conveyed
to the County at no cost to the County. A title certificate certifying
that the grantor is vested with good and merchantable title shall
accompany each deed.
The requirements of § 268-12E(5) (Frontage improvements) and § 268-13 (Rights-of-way) shall not apply to:
A.
Any project receiving preliminary approval prior to
the effective date of Bill 88-53, as amended;
B.
Minor revisions of preliminary plan approvals as determined
by the Department of Planning and Zoning; or
C.
Minor revisions, as determined by the Department of
Planning and Zoning, of subdivision plats recorded prior to the effective
date of Bill 88-53, as amended.
A.
Streets shall connect with existing streets, whether
constructed or recorded, where appropriate and shall be arranged to
provide access, where needed, in possible adjoining subdivisions.
B.
The street plan shall give suitable recognition to
existing topography and shall provide for good drainage.
C.
Proposed streets shall provide for appropriate continuation
of any existing streets (constructed or recorded) that come to the
boundary line of adjoining property, where feasible, unless otherwise
recommended by the Department of Public Works.
D.
Wherever desirable, the street plan shall include
a marginal access street of considerable continuity generally parallel
to and near any main thoroughfare or controlled-access highway.
E.
Streets ordinarily shall intersect as nearly at right
angles as is practical.
F.
Cul-de-sac or dead end streets, more than 600 feet
in length, may be approved where necessitated by topography or where,
in the judgment of the Director of Planning, in consultation with
the Director of Public Works, they are appropriate for the type of
development contemplated. A turnaround shall be provided at the end
of such a street.
G.
Minor residential streets should be so planned as
to discourage use by non-local traffic.
H.
Where a new subdivision involves frontage on an arterial
or higher functionally classified road, particularly a controlled-access
highway, the street layout should provide vehicular access to such
frontage by 1 of the following means:
(1)
A parallel street which provides frontage for lots
with rear yards that abut the highway, or providing the approach for
vehicles to a garden apartment development;
(2)
A series of culs-de-sac or short loops entered from
and planned at right angles to such parallel street, with the rear
lines of the terminal lots abutting on the highway; or
(3)
A marginal access street separated by a planting strip
from the highway, to which vehicular access from the marginal access
street is provided at points suitably spaced.
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Where any of the above-mentioned arrangements
is used, deed covenants or other means must prevent residential driveways
from having direct access to the highway.
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I.
If a railroad is involved, the street plan should:
J.
Street names shall be cleared through the Emergency
Operations Center prior to the time of submission of the final plat.
Names shall not duplicate or closely approximate existing street names
in Harford County, unless they are extensions of existing or previously
planned streets of the same name.
Due to the diversity of development in the County,
required pavement widths for roads, bike paths and sidewalks will
necessarily vary with the character of building development and the
amount of traffic encountered. All streets, roads and intersections
shall be established in conformance with the classifications of the
road and the standards of the Harford County Road Code, as amended.
A.
Right-of-way and easement widths.
(1)
Roads-Minimum right-of-way and easement widths shall
be established in conformance with the classifications of the road
and the standards of the Harford County Road Code, as amended. The
functional classification shall be determined as approved by the Director
of Planning and the Director of Public Works.
(2)
Drainage and utility easements — Minimum easement
width for drainage and utility easements shall be determined by the
Department of Public Works.
B.
Private roads. After completing construction of the
private road, the developer or any successor in interest to the developer
shall:
(1)
Obtain a statement from a professional engineer licensed
by the State of Maryland that, based on site inspections or core samples
conducted or obtained by the engineer, the private road has been constructed
to the standards of the Harford County Road Code, as amended, and
Department of Public Works.
(2)
Furnish a copy of the statement to the property owners
or the association and to the Department of Planning and Zoning. If
no association of the subdivision's property owners is to be formed,
the developer or any successor in interest to the developer shall,
at the time of final plat approval, file in the County land records,
a private road agreement:
(3)
Remain responsible for maintenance of the private
road until a developer, who creates a private road, complies with
the requirements of the Harford County Road Code, as amended, and
this section.
C.
Residential lots.
(1)
Every lot shall abut on a street.
(2)
Corner lots shall have extra width sufficient to meet
the setback requirements.
(3)
Building setback lines shall be established and shown
on the plat along all streets in accordance with the Zoning Code of
Harford County now in effect or as hereafter amended.
(4)
All lots, except the first and second lot, shall be
served by a development road with the exception that groups not exceeding
6 lots may be served by a common drive, using the provisions for panhandle
lots in the Harford County Zoning Code, as amended.
A.
Minimum requirements.
(1)
Water and sewer facilities. Where a public water supply
or sewerage system is intended to be provided, such facilities shall
be installed in accordance with the standards prescribed by the authorities
having jurisdiction in each case. A water system shall include standard
fire hydrants and water lines of sufficient size to provide standard
fire protection. A water line and a sewerage lateral shall be provided
for each lot and shall extend to the lot line. Upon completion of
the water system, the developer shall furnish the Harford County Volunteer
Fire and Ambulance Association with a map showing the system's water
main shutoff valves.
(2)
Storm drainage. Every subdivision shall be provided
with a stormwater drainage system adequate to serve the area being
platted, including any surface drainage water originating outside
the limits of the area, which would ordinarily run through the area
being platted, and otherwise meeting the drainage specifications as
set forth in the Harford County Road Code and the Stormwater Management
Regulations, as amended.
(3)
Street name signs. Where required, street name signs,
of a design and type of construction which meets the approval of and
placed in position designated by the Department of Public Works, shall
be erected at each highway and/or street intersection. The developer
shall install temporary street signs in the development before the
County issues a building permit for a lot included in the public works
agreement for the development.
(4)
Utility lines. Extensions of distribution lines necessary
to provide electric and telephone service to any residential, commercial
or industrial subdivision shall be subject to the underground rules
of the Public Service Commission and existing tariffs.
(5)
Sidewalks of durable all weather surfacing shall be
constructed for all new developments in the development envelope.
(6)
Crosswalks where required shall be constructed in
accordance with the width and specifications contained in the Road
Code.
B.
Specifications for supporting detailed plans and data.
Plans and profiles shall be submitted in accordance with the Rules
and Regulations of the Department of Public Works and the Harford
County Code, as amended.
C.
Inspection and acceptance. All construction work on
improvements required herein shall be subject to inspection during
and upon completion of construction, by the Harford County Department
of Public Works, or by an authorized engineering representative of
the County, and to approval and acceptance by such representatives
on behalf of the County. The subdivider shall furnish the appropriate
agency with accurate and detailed engineering drawings of all improvements
as they were actually constructed. No building permits shall be approved
until all required improvements have been satisfactorily completed
and accepted in compliance herewith, or a satisfactory bond posted.
No such bond shall be released until all improvements secured by such
bond have been completed and accepted. The Department of Public Works
shall, in the event of questions concerning the amount of bond required,
make a final decision on the amount or type of bond or guarantee based
on at least 2 construction estimates made for the improvements to
be accomplished.
