[HISTORY: Adopted by the Board of County Commissioners of
Worcester County 11-3-2009 as Subtitle V of Title 2 of Bill No. 09-1. Amendments noted
where applicable.]
Intent. In order to provide for the health,
safety and welfare of the present and future population of the County,
the Planning Commission shall only approve a proposed subdivision
when such subdivision would not bring about the development of land
which is unsuitable due to flooding, poorly drained soils, excessive
erosive action by water, unstabilized slope or fill, or other conditions
which may cause danger to life, health or property or aggravate erosion
or flood hazards or when the lands involved would, in its opinion,
become unsuitable through the development proposed. Additionally,
the Planning Commission shall only approve a proposed subdivision
where it finds that such subdivision would bring about the development
of land which is not of such high environmental sensitivity that its
development would have undue adverse impacts upon tidal or nontidal
wetlands, the one-hundred-year floodplain, forest stands, existing
significant trees, greenways, areas of critical or special habitat,
water bodies on the state's impaired waters list or having an
established total maximum daily load requirement, and source water
and aquifer recharge protection areas.
Facilities and services required. The
Planning Commission shall only approve a proposed subdivision where
it determines that sufficient facilities and services exist or are
proposed to meet the needs of either the subdivision or the surrounding
area.
Approval not required. The fact that
a subdivision is a permitted use or special exception use in a given
zoning district under Title 1, Worcester County Zoning Ordinance,
does not require the Planning Commission to approve a subdivision
plat, and such approval may be denied pursuant hereto.
Application of standards. The standards
and requirements provided herein shall be considered to be the minimum
necessary to protect the public health, safety and general welfare.
No subdivision of land shall be approved unless it complies with the
standards herein or unless a waiver is granted in accordance with
the provisions hereof.
General standards. In order to provide
for more efficient use of land, protection of the environment, more
livable communities, and consistency with the Comprehensive Plan,
the following design standards shall apply:
All subdivision plats shall first identify key environmental
features and then design the development plan in such a manner as
to protect and avoid disturbance of these resources. Special consideration
shall be given to wetlands, forested areas, existing significant trees,
floodplains, source water and aquifer recharge protection areas, areas
of critical habitat, water bodies on the state's impaired waters
list or having an established total maximum daily load requirement
and other important environmental features.
Lands which are unsuitable for development due to flooding,
poorly drained soils, excessive erosive action by water, unstabilized
fill or slope or other conditions which may cause danger to life,
health or property shall be set aside on the plat for open space or
appropriate recreation areas which will not be endangered by such
conditions and which do not involve the construction or use of buildings
or structures for human occupancy.
Existing forested and natural areas should be preserved as greenways
to the greatest extent feasible within and around developments for
environmental and recreational purposes and to blend the man-made
and natural environments.
Where scenic vistas, historic features or similar other assets
and landmarks are located within a proposed subdivision, every reasonable
means shall be undertaken to preserve these features.
Residential land uses shall be clustered to the greatest extent
feasible to minimize the consumption of vacant land, maximize open
space and reduce impervious surfaces.
The use of culs-de-sac and dead-end streets shall be limited
while street, trail and sidewalk connectivity shall be used to reduce
vehicle miles traveled and improve community walkability.
All portions of a tract being subdivided shall be taken up in
lots, roads, public or commonly-owned lands or other proposed uses
so that remnants shall not be created.
The provisions set forth in any plans duly adopted by the County
Commissioners as provided for in § ZS 1-118(b)(11)
hereof shall apply to any subdivision of land, including a minor subdivision,
for which any portion of the subdivision falls within the geographical
parameters of said plans.
Any phasing of a subdivision shall be planned in a logical sequence
and each phase shall meet all pertinent requirements, either on its
own or in conjunction with prior phases.
The arrangement, character, extent, grade, width and location
of all roads shall be acceptable to the Department of Public Works
and approved by the Planning Commission. In making its decision the
Planning Commission shall consider the relationship of the proposed
roads to existing and planned roads, topographical conditions, public
convenience and safety and the proposed uses of the land to be served
by such roads.
Unless otherwise prescribed in the Worcester County Development
Standards, minor roads shall have a minimum right-of-way width of
fifty feet. Collector roads, as determined by the Planning Commission,
shall have a right-of-way width of sixty feet, except that the Planning
Commission may require a collector road in a commercial or industrial
area to have a right-of-way of up to one hundred feet in width.
Where a subdivision is created adjoining an existing County
road, lot lines of the subdivision shall be established twenty-five
feet from the center of such existing County road, provided that the
Planning Commission may, after study and in its discretion, require
lot lines to be established more than twenty-five feet from the center
of such existing County road in consideration of traffic conditions,
adjoining land uses and the public interest. The applicant and/or
owner shall dedicate to the County any land lying between such existing
County road and the newly established lot lines.
If other roads are already planned, existing or platted in areas
adjacent to the land being subdivided, the proposed road layout of
the subdivision shall provide for the continuation of and connection
to those other roads, unless the Planning Commission deems the continuation
and connection unsuitable for reasons of topography, environmental
features or design.
If a portion of the tract proposed to be subdivided is to be
left undeveloped, the road layout of the portion proposed to be subdivided
shall provide for suitable connection or extension of its roads to
the undeveloped portion of the tract in order to provide appropriate
access for the undeveloped portion's potential subdivision or
development.
If a property adjacent to the tract proposed to be subdivided
is undeveloped, the road layout of the property proposed to be subdivided
shall provide for suitable connection or extension of its roads to
the adjacent undeveloped property in order to provide appropriate
access for that undeveloped property's potential subdivision
or development.
Residential roads shall be laid out to provide connectivity
for the local population's use in traveling both within the development
and to areas outside of it while also not encouraging their use by
inappropriate through traffic whose origins and destinations lie beyond
the immediate area.
Layout of roads shall be designed in such a way as to accommodate
bicycle and pedestrian connectivity while minimizing potential points
of conflict between motorized vehicles, bicycles and pedestrians.
The use of culs-de-sac or dead-end streets shall be limited.
However, where no other alternative is available due to natural features,
the unique configuration of the property, or other physical conditions
beyond the applicant's control, culs-de-sac and dead-end streets
may be used upon the approval of the Planning Commission. Such culs-de-sac
and dead-end streets shall be designed in accordance with the Worcester
County Development Standards.
Dead-end streets shall terminate in a cul-de-sac or other appropriate
vehicular turnaround as approved by the Planning Commission and in
accordance with the Worcester County Development Standards.
No cul-de-sac or dead-end street shall exceed seven hundred
fifty feet in length. The Planning Commission may waive this requirement
where such waiver would serve to minimize environmental impacts to
the project as a whole.
No cul-de-sac or dead-end street shall serve more than twenty
lots or dwelling units. The Planning Commission may waive this requirement
where such waiver would serve to minimize environmental impacts to
the project as a whole.
The cul-de-sac or dead-end street shall be laid out to intersect
as nearly as possible at right angles to the collector street. Where
not intersecting at right angles, such angle shall not be less than
eighty degrees.
The minimum length of the tangent section of a cul-de-sac or
dead-end street adjacent to its intersection with the collector street
shall be fifty feet.
When a cul-de-sac or dead-end street is extended, the area of
the temporary turnaround shall be reconstructed by the applicant as
necessary to provide a typical roadway section meeting current standards.
The loop street shall be laid out to intersect as nearly as
possible at right angles to the collector street. Where not intersecting
at right angles, such angle shall not be less than eighty degrees.
Road pavement widths, drainage and construction shall adhere
to the minimum standards specified in the Worcester County Development
Standards, unless otherwise prescribed by the Department of Public
Works.
The name of any proposed road shall not be the same as the name
of an existing road in the County, except that roads that are extensions
of or obviously in alignment with existing roads shall bear the same
names as the existing roads.
Standards for road intersections. The
following standards shall apply to the layout of road intersections,
subject to Planning Commission waiver or modification in individual
cases:
Roads shall be laid out to intersect as nearly as possible at
right angles, and no road shall intersect another at an angle of less
than eighty degrees.
The Planning Commission shall have the right to approve or disapprove
any point of ingress and egress to any lot, tract, parcel or development
from any road when the Planning Commission determines that such point
of ingress and egress shall cause or contribute to an inadequate level
of service, dangerous condition, inadequate sight distance, or other
inappropriate condition on the road. Where such point of access is
on a road controlled by the Maryland State Highway Administration,
all decisions relative to access thereto shall be made in consultation
with the State Highway Administration.
Where a subdivision abuts or contains an existing or proposed
major highway, limiting access to such highway and maintaining its
levels of service shall be the primary consideration. The Planning
Commission shall require internal street designs which limit points
of access to the highway, which may include but are not limited to
the following:
Streets parallel to the highway, with the lots located between
the roads, provided that landscaping which functions as a visual screen
in accordance with the provisions of § ZS 1-322(e)(1)
hereof is provided in a nonaccess easement along the portion of the
lots adjacent to the highway.
Streets parallel to the highway, with a limited number of short
dead-end streets having terminal lots backing to the highway, provided
that landscaping which functions as a visual screen in accordance
with the provisions of § ZS 1-322(e)(1) hereof is provided
in a nonaccess easement along the portion of the lots adjacent to
the highway.
Standards for pedestrian connectivity. Sidewalks or other pedestrian pathways may be required by the Planning Commission adjacent to all roads. They shall be designed to provide pedestrian connectivity within the development and to areas outside of it while minimizing potential points of conflict with motorized vehicles. Sidewalks and other pedestrian pathways shall be surfaced with durable materials and designed to drain appropriately. Except as provided in Subsection (g) hereof, all impervious sidewalks or pathways shall be no more than three feet in width while pervious walkways may be of greater width.
Standards for bicycle pathways. Bicycle
pathways may be required by the Planning Commission adjacent to all
roads. They shall be designed to provide connectivity within the development
and to areas outside of it while minimizing potential points of conflict
with motorized vehicles. Bicycle pathways may be part of the paved
road surface where appropriately marked or may be physically separated
from the road on their own alignment. Bicycle pathways shall be surfaced
with durable materials and designed to drain appropriately. All impervious
bicycle pathways shall be no more than six feet in width while pervious
bicycle pathways may be of greater width. Bicycle pathways may only
be combined with sidewalks and pedestrian pathways in limited situations
and only upon the granting of a waiver by the Planning Commission.
Combined pedestrian and bicycle pathways shall be a minimum of ten
feet in width and shall be appropriately marked.
Blocks shall be wide enough to allow for two tiers of lots,
except where topographic or other conditions make two tiers of lots
awkward or impractical.
All lots shall at a minimum conform to the lot requirements
established for the proposed use by Title 1, Worcester County Zoning
Ordinance, and lot remnants which do not meet those requirements are
prohibited.
The arrangement and shape of lots shall provide appropriate
sites for buildings and conform to the requirements of this Title.
Lots shall provide a buildable area of at least two thousand five
hundred square feet in size. Irregularly shaped lots shall be avoided
wherever possible.
All new lots shall have a minimum of thirty-five feet of frontage
on a public or approved private road unless otherwise approved by
the Board of Zoning Appeals as a variance pursuant to the provisions
of § ZS 1-306(a) of the Worcester County Zoning Ordinance.
Through lots shall be avoided, except where essential to provide
separation of residential development from major streets or to overcome
irregular topography.
Lots or parcels not in conformity with this Title may be resubdivided
and redeveloped in whole or part at the option of the owners of all
the lots to be resubdivided under the following conditions:
A resubdivision which consists only of the alteration or adjustment
of lot lines between two adjacent lots shall comply with the standards
contained in Subsection (i) hereof and be reviewed and approved in
accordance with § ZS 2-115 hereof.
All land being subdivided must either be included in lots meeting
the minimum requirements for their intended use, reserved for future
development or be set aside for other appropriate uses of benefit
to the subdivision in its entirety, including but not limited to open
space, recreational areas, conservation areas, utility facilities,
etc. and shall be in accordance with the following:
Where lots or parcels are to be transferred to an owners'
association, such organizations shall be created concurrent with recordation
of the record plat.
Where transfer (other than the sale of subdivision lots to prospective
buyers) is to be to another property owner or entity, satisfactory
evidence of agreement to the transaction by all parties shall be submitted
prior to record plat approval.
Where transfer of land (other than road right-of-way or utilities
facilities) consists of dedication to Worcester County, such dedication
shall be subject to the separate, specific approval of the County
Commissioners.
Where the flagpole portion of a lot is less than the minimum
required lot width, that portion of the lot shall not be included
in calculating the area of the lot to meet minimum lot area requirements.
Flag lots may share a common driveway with other lots which
shall be constructed and stabilized in such a manner as to provide
for safe ingress and egress by emergency vehicles. In such case, cross
easements shall be provided to guarantee access to all of the lots
served by that driveway.
All utility lines, including but not limited to water, wastewater,
gas, electric, telephone and cable television, shall be located underground
throughout all subdivisions. All underground utility lines, including
service connections to the property line of each platted lot, shall
be installed at no expense to the County.
Subject to applicable construction standards as established
by resolution of the County Commissioners, utility lines may be located
underground within the right-of-way, provided that:
In the case of utility lines in the paved section, all required
laterals must be provided upon initial installation of the utility
line. This shall not prohibit later installation of laterals upon
replatting or changes in service.
The applicant shall provide such drainage facilities as may
be required by the Department, the Planning Commission or the Department
of Public Works in order to provide positive drainage at all points
along roads and away from buildings and on-site wastewater disposal
systems and to minimize flooding or other hazards. All drainage facilities
shall be part of the overall stormwater management plan for the developed
area. All stormwater management plans shall be designed and all facilities
constructed in accordance with the most recent laws and regulations
as required by the State of Maryland. All stormwater management retention
or detention ponds shall be on out lots and shall not be included
on or as part of a residential lot. Appropriate access and maintenance
easements shall be provided along all natural watercourses or drainageways.
A central or individual water supply system in accordance with
State Department of the Environment regulations shall be available
or feasible on each developable lot created. Furthermore:
If a new central water system or connection to an existing system
is proposed rather than provision of wells on individual lots, the
applicant shall present a preliminary engineering analysis showing
its engineering and economic feasibility, general type, size and location
of facilities such as wells, storage tanks, mains, etc., and details
of the operation and maintenance of the proposed system.
In subdivisions with central water systems, a fire main system
with hydrants or comparable fire protection facilities as required
by the Office of the Fire Marshal shall be provided.
In major subdivisions where lots are to be served by individual
wells, appropriate fire protection measures may be deemed necessary
by the Office of the Fire Marshal and, if so, shall be provided by
dry fire hydrants or other methods acceptable to the Office of the
Fire Marshal.
If a central wastewater disposal system is not provided, a proposed
subdivision shall not be approved unless every developable lot thereon
is capable of supporting an on-lot wastewater disposal system meeting
the requirements of the State Department of the Environment regulations.
The proposed type and location of the wastewater disposal system on
each lot shall be subject to approval by the Environmental Programs
Division. A subdivision shall not be approved by the Planning Commission
if, in the opinion of the Environmental Programs Division, there are
on-site factors inherent in drainage, soil character or other conditions
that would tend to produce public health problems if the subdivision
were not served with a central wastewater system.
The requirement that every developable lot is capable of supporting
an on-lot wastewater disposal system meeting the requirements of the
State Department of the Environment shall not be applicable to lots
within a rural cluster subdivision or consolidated development rights
subdivision. Such lots may be served by remote wastewater disposal
areas where permissible by the State Department of the Environment
regulations.
Standards for erosion and sediment control. In addition to complying with state regulations on controlling erosion
and limiting sediment transport during the construction process, the
applicant shall provide such permanent works as may be required by
the Department of Public Works to prevent future erosion or sedimentation
of roadside drainage facilities.
Standards for open space. For all proposed
subdivisions and residential developments, local, easily accessible
and usable open space shall be provided. Its purpose is to offer recreational
opportunities close to home, to enhance the appearance of neighborhoods
through preservation of natural green spaces and to counteract the
effects of suburban congestion and monotony. The following standards
shall apply to open space:
For single-family minor subdivisions, including rural cluster
subdivisions, and single-family major subdivisions or two-family dwelling
subdivisions of twenty or fewer lots other than as provided in Subsection
(m)(3) hereof, including consolidated development rights subdivisions,
no open space shall be required.
For two-family and multi-family development of twenty or fewer
dwelling units, open space shall be provided in accordance with § ZS 1-312(b)(2)
hereof.
For single-family cluster subdivisions, of twenty or fewer lots,
a minimum of fifty percent of the land area shall be retained in permanent
open space.
For any subdivision, multi-family or townhouse development creating
greater than twenty residential units, open space shall be provided
in accordance with § ZS 1-315(d)(2)B hereof.
Open space shall be limited to areas for recreation or the growing
of trees, vegetable, field or nursery crops or for purposes of conservation
of natural resources. Open space shall not include utility and other
service areas, roads, and off-street parking and loading areas, except
underground utility areas. Where possible, those areas contained in
the one-hundred-year floodplain should be dedicated as open space.
Within such open space, recreational areas shall be provided for active
and passive recreation, including games, sports, social gatherings,
etc. Recreational areas shall be limited to public and private noncommercial
social and recreational areas, public and private (commercial and
noncommercial) golf courses, private (noncommercial) marinas and playgrounds
but shall otherwise be free of residential, service, business or industrial
structures and uses. Such recreational areas shall consist of contiguous
lands not containing any wetlands, tidal or nontidal, and be of sufficient
configuration as determined by the Department or the Planning Commission
that they can suitably function for the purposes stated herein. All
recreational areas shall be separated from any adjacent vehicular
travelway or parking area by a vegetated or man-made barrier. Proposed
recreational areas must be specified on the subdivision plat or site
plan for review and approval by the Planning Commission.
A minimum of fifty percent of the required open space must be
retained in its natural state and not used to satisfy the requirements
for passive or active recreation. No more than fifty percent of this
area may be private wetlands.
Open space used for other than conservation shall be appropriately
maintained. The applicant shall provide copies of deeds, deed covenants
or open space easements to the Planning Commission describing land
management practices and responsibilities (including collection of
fees where appropriate) to be followed by whichever party is responsible
for maintenance. Where required by the Planning Commission, a homeowners'
association shall be established for the purpose of permanently maintaining
all open space. Agreements concerning such homeowners' association
agreements shall guarantee continuing maintenance of all open space,
shall be submitted to the County prior to the issuance of any building
permits and are subject to the approval of the County Attorney for
legal sufficiency, as are any subsequent changes or modifications.
Copies of all such recorded documents shall be provided by the applicant
to the Department upon recording. The agreements and covenants shall
contain a provision for maintenance of such open space by the County
Commissioners at their option where the responsible party fails to
properly maintain such open space. Any funds expended for such maintenance
by the County Commissioners shall be assessed pro rata against benefitted
lot or dwelling unit owners and shall be a lien and collectable in
the same manner as real estate taxes.
Further subdivision of open space or its use for other than
active or passive noncommercial recreation, conservation or agriculture
(except for easements for underground utilities) shall be prohibited.
This restriction shall be included on the record plat or approved
site plan as well as recorded in a open space easement. Structures
and buildings accessory to active or passive noncommercial recreation,
conservation or agriculture may be erected on open space, subject
to the provisions of § ZS 1-325 hereof.
The Planning Commission may grant waivers to this subsection
where it determines that conditions exist such that the full provisions
for open space as required by this subsection are otherwise satisfied.
The Planning Commission shall consider proximity to public open spaces,
lot size and other appropriate factors.
In subdividing property, consideration shall be given to suitable
sites for parks, schools, roads and other areas of public use as contained
in the Comprehensive Plan. If sites for parks, schools or other public
facilities are to be offered for dedication, it shall be indicated
on the preliminary plat along with a determination as to when and
in what manner such sites will be dedicated to, reserved for or acquired
by the governing body for that use. When such sites are offered for
dedication, a formal statement of offer shall be included on any record
plat. Recording of the record plat containing such a formal statement
shall not be deemed to constitute or effect an acceptance by the County
of the dedication of any site, road, park or other improvement or
amenity shown on such plat, but improvements so noted for dedication
may be accepted by the County through a subsequent appropriate act.
Any such offer of dedication may not be withdrawn without the consent
of the County Commissioners. This regulation shall not be construed
to preclude the dedication of property for public use not included
in the Comprehensive Plan, provided that such property is accepted
by the County for dedication and maintenance.
Where the Comprehensive Plan indicates a proposed right-of-way
greater than that existing along the boundaries of a subdivision or
lot, the additional right-of-way shall be dedicated for public use
when the plat is recorded.
When a new subdivision abuts one side of an existing or platted
road or street, the applicant shall be required to dedicate at least
half the right-of-way necessary to make the street comply with the
minimum right-of-way width prescribed by this Title.
Standards for landscaping. Landscaping
shall be required in all subdivisions in accordance with the provisions
of § ZS 1-322 hereof. In addition, sufficient landscaping
shall be provided and maintained to create a pleasant visual appearance,
to visually screen undesirable features and to control erosion.
Standards applying in floodplain areas. The provisions of the Worcester County Floodplain Management Law[1] shall govern. The following standards shall also apply:
Where property proposed for subdivision contains areas both
within and outside of the boundary of the one-hundred-year floodplain,
those areas contained within the one-hundred-year floodplain should
be dedicated as open space or recreational areas.
Where property proposed for subdivision lies wholly within the
one-hundred-year floodplain, it may be platted for development with
the provision that the applicant construct all buildings and structures
to preclude flood damage in accordance with this and any other laws
and ordinances regulating such development.
No subdivision or part thereof shall be approved if the proposed
development and/or improvements will, individually or collectively,
substantially increase the water surface elevations in a floodway.
If the Planning Commission determines that only a part of a
proposed plat can be safely developed, it shall limit development
to that part and shall require that development proceed consistent
with this determination.
Proposed road elevations shall be shown on the construction
plans. Roads providing access to any lots within the subdivision shall
be located above the base flood elevation and shall not be submerged
during the one-hundred-year flood event to the extent that it would
impede adequate ingress and egress for those lots served by such road.
Roads below the base flood elevation may be approved where an alternative
means of vehicular access, which would not be submerged during the
one-hundred-year flood event, is provided for all lots served by that
road. This provision may be waived by the Planning Commission at its
discretion.
Where the Planning Commission determines that additional controls
are required to ensure safe development, it may require the applicant
to impose appropriate deed restrictions which shall be inserted in
every deed and noted on the record plat.
Generally. The purpose of this section
is to establish and define the improvements which will be required
to be constructed or guaranteed by the applicant as provided herein
as a condition for record plat signature by the Planning Commission.
All construction shall be completed in accordance with the specific
conditions of the approved final plat and the approved drawings and
specifications thereof and in a manner acceptable to the Planning
Commission.
Changes from accepted drawings and specifications. If, during construction, changes from the accepted drawings and
specifications should become necessary, written approval from the
Department shall be obtained prior to executing such changes.
Road signs. At every intersection the
applicant shall erect a road sign having thereon the names of the
intersecting roads. At the intersections where roads cross, there
shall be at least two such road signs. The location, design and manner
of construction shall be in accordance with the County roads specifications
or practices.
Other improvements. The applicant shall
construct all stormwater management facilities, central water and
wastewater systems, including service to each developable lot, sediment
and erosion control devices and such other facilities, including recreation
areas, as were specified in the approved construction plans and in
accordance with the accepted drawings and specifications thereof.
Required monuments. Survey monumentation
shall be required for all subdivisions as defined in § 3-108
of the Real Property Article of the Annotated Code of Maryland (1981),
as from time to time amended, and as specified herein.
General property monuments shall be placed at all lot corners
and exterior subdivision boundaries which are otherwise not monumented.
General property monuments shall be metal or concrete, shall be a
minimum of eighteen inches in length and shall be set by a qualified
surveyor approximately flush with final grade.
In addition to other monuments as may be required by law, two
concrete or stone survey monuments as approved by the Department shall
be placed at each road intersection and one on each side of each road
at road angle points and at the beginning and end of curves. At least
three feet of the monument shall be underground. All monuments shall
be finally placed in the ground after final grading is completed at
a time specified by the Department of Public Works.
Control monuments shall be designated by, set by and located
as determined by the professional land surveyor or property line surveyor
and shall be accessible by right-of-way or an easement with a minimum
width of ten feet.
At least one control monument, or more as may be required by
the Planning Commission, shall show its elevation in feet with reference
to a known control point as approved by the Planning Commission and
shall be designated on the plat.
Control monuments shall be of stone, concrete or any suitable
permanent material, have a minimum length of thirty-six inches, have
a top surface area of no less than nine square inches, have a centering
point which shall not exceed two-hundredths of a foot in breadth and
shall be anchored or bedded in concrete or earth to prevent movement
and set approximately flush with finish grade.
Financial security for all monument installation shall be required
and may be included with the securities for other required improvements.
Security for monuments shall be released only upon written certification
of the professional land surveyor that the monuments are installed
in accordance with the provisions of this Title. In lieu of security,
monuments may be set prior to recordation of the plat and be so certified
by the surveyor. The amount of security shall be established by the
Department and shall be based upon a written cost estimate provided
by the surveyor.
Other site improvements. The Planning
Commission may, in appropriate cases as policy dictates, require the
applicant of a major subdivision to install lighting, solid waste
collection sites, signs, entrances, landscaping, or shoreline stabilization
or to reconstruct existing roads serving the subdivision, as well
as roads damaged by construction. Such improvements shall be in accordance
with Title 1, Worcester County Zoning Ordinance, and written policy
developed by the Planning Commission and approved by the County Commissioners
on such matters.
Maintenance. Adequate provisions for
the satisfactory maintenance and operation of all roads, drainage
facilities, central water and wastewater systems, recreation areas,
sediment and erosion control devices, stormwater management facilities
and all other site improvements and facilities, until takeover by
a homeowners' association or other responsible party or by the
County Commissioners, shall be made by the applicant by means acceptable
to the County Commissioners.
Required improvements shall be completed, inspected and accepted
by the Department, Department of Public Works, Environmental Programs
Division and other proper authority as designated by the County Commissioners;
or
To construct or cause to be constructed, at his own expense
and within the times prescribed by the County Commissioners, all required
improvements shown on the construction plans and/or final plat and
the approved drawings and specifications thereof and in strict accordance
with the standards and specifications of the County.
To obtain the easements and releases required when any road,
drainage facility or other improvement abuts or traverses land of
persons other than the person holding legal title to the lands of
the subdivision, at his own cost, and to obtain from the owner of
the lands so abutted or traversed full release from all damages which
may accrue due to the construction of such improvements. Such releases
shall inure to the benefit not only of the applicant but also to the
County.
Guaranty. In order to assure the County
that the required improvements will be constructed and installed as
required and in accordance with the approved construction plans and/or
final plat and that such improvements will be maintained until accepted
by the County or transferred to a homeowners' association, the
applicant shall furnish to the County escrow money, cash, corporate
surety bond, bank deposit or letter of credit as shall be acceptable
to the County in the amount of one hundred twenty-five percent of
the actual cost of construction and maintenance of such improvements.
The estimate of such costs shall be prepared by an engineer, surveyor
or contractor qualified to do so. The guaranty and cost estimates
shall be approved by the Department, Department of Public Works or
other appropriate official. This improvement guaranty shall be conditioned
upon the faithful performance by the applicant of the terms of the
contract required under this section. If a portion of the required
improvements shall have been constructed by the applicant and approval
thereof obtained prior to the signing of the record plat, the guaranty
shall be reduced to only that amount necessary to cover the costs
of constructing the remaining required improvements and maintaining
both those constructed and those guaranteed.
The Department, Department of Public Works or other appropriate
official shall inspect the completed improvements and submit, in writing,
a report to the applicant specifying those items of construction,
materials and workmanship, if any, which do not comply with the County
specifications or the approved construction plans and/or final plat.
The applicant, upon notification from the appropriate official,
shall proceed, at his own cost, to make such corrections as shall
be required to comply with the County specifications and approved
construction plans and/or final plat and notify the Department upon
completion requesting final inspection.
The Department, Department of Public Works or other appropriate
official shall make a final inspection with the applicant of all required
improvements.
Upon giving the applicant final approval, the Department, Department
of Public Works or other appropriate official shall promptly submit
a written report to the County Commissioners indicating that the required
improvements have been provided in such a manner as to comply with
all specifications and laws of the County.
Acceptance by County. If the County Commissioners
are satisfied that the applicant has complied fully with the applicable
specifications and ordinances, they may notify the applicant of the
acceptance of the required improvements. The County Commissioners
may thereupon release any bond or security posted for such performance.
The County Commissioners shall not be required to accept any road,
park, utility or other improvement for County maintenance even though
such improvement may meet all County specifications and ordinances.