Allegany County, MD Article V Design Standards [1]

[1] Editor's Note: See §§ 360-19 through 360-21 for subdivision design standards.

§ 360-18 Sketch plan design for major subdivisions.

The sketch plan may be drawn in ink or pencil at an appropriate scale, on Mylar or similar material, at a size of 24 inches by 24 inches, at an appropriate scale, and will include: key map; scale; name of subdivider; deed reference; outline of property; five-foot contours from County topo maps, if available, or twenty-foot contours from United States Geological Survey (USGS) maps; streams and drainage pattern; section outlines (if applicable); existing and proposed roads or streets (fifty-foot right-of-way required with ten-percent maximum slope except for twelve-percent slope in any five-hundred-foot street length), existing or proposed water and sewer lines, building setbacks from property lines, roads and proposed lot layout. Areas exceeding 25% in grade are to be shaded and may be included in lots but are not to be used as building sites. Areas within mapped one-hundred-year floodplains, within 25 feet of streams, drainways or designated wetlands or within designated habitat areas of threatened and endangered species are to be cross-hatched and may be included in lots but not building sites. Where stream basins are larger than 400 acres above the site being subdivided, the stream setback is 50 feet from stream banks.

§ 360-19 Preliminary plat design standards for all subdivision plats.

A. General style and form of preliminary plat. The general style and form of the preliminary plat shall:

(1) Provide all the pertinent information as to existing site conditions, property ownership and the like that may be necessary for the Planning Commission to properly consider the proposed subdivision. This information shall be accurate and reliable.

(2) Be drawn in pencil or ink on Mylar or similar material, size 24 inches by 24 inches, at an appropriate scale.

(3) Include a small-scale key map, showing the location of the property in the County and its relation to other subdivisions, roads, streams and other identifying features. This map shall have due North perpendicular to the top edge of the drawing and shall be copied from one of the USGS topographic maps of the County at a scale of one to 2,000 or one of the County Tax Maps or similar base map. This key map shall not exceed five inches by five inches.

B. Title information. Title information shall be as follows:

[Amended 11-8-2012 by Bill No. 8-12, effective 12-24-2012]

(1) For major subdivisions, a proposed subdivision name, which shall not duplicate nor closely approximate the name of any other subdivision in the County.

(2) Minor subdivisions.

(a) Minor subdivisions need not be named but must bear the name of the grantor, owner or developer and the address of the property being developed.

(b) The subdivision plat shall contain a note stating the number of new lots, the total number of lots allowed under minor subdivision criteria and the number of future lots remaining to be subdivided. Once the lot-of-record reaches the total number of lots allowed, that subdivision plat shall contain a note stating that the subdivision and any remainder parcel may not be resubdivided or further subdivided. Additional plats submitted for lots created from the original parcel shall be numbered in sequence. The plat must also contain a note stating that the subdivision is subject to state law and local ordinances and regulations.

(c) In addition to the above, the plat shall contain all notations required by § 9-206 of the Environment Article of the Annotated Code of Maryland.

(3) Names and addresses of owner(s), grantor(s) or developer and the registered surveyor and his seal in ink.

(4) Description of subdivision location, by streets, tracts, political subdivision, etc.

(5) Scale, North point and date.

C. Information as to existing physical conditions/buildable sites.

(1) Boundaries of the land being subdivided (or section of that land), in heavy outline, and the acreage therein shall be denoted.

(2) Topographic contours, referenced to USGS datum, at five-foot intervals shall be required, except where the average slope is less than 3%, in which case two-foot contours will be required. Contours shall extend a reasonable distance beyond the subdivision boundary except across a public road. Watercourses and wooded areas are also to be shown. The surveyor shall use the County one-to-two-hundred-scale topographic maps as a base where available.

(3) Areas exceeding twenty-five-percent grade shall be shaded. These areas are not to be used as building sites but may be part of lots. These areas may be graded for driveway access to a building site with the prior approval of the County Engineer and the Soil Conservation District.

(4) Areas within the one-hundred-year floodplain or within 50 feet of the bank of a stream having a basin larger than 400 acres or 25 feet of the center line of any other stream or drainageway, including intermittent streams, or any area within 25 feet of a designated wetland shall be crosshatched and shall not be used as building sites for residential structures but may be part of the total lot area. Road access across floodplains may be permitted with prior approval of the County Engineer and Soil Conservation District in accordance with Chapter 325, Floodplain Management.

(5) Areas within designated habitat for threatened or endangered species are to be crosshatched and may not be used as building sites but may be part of the total lot area.

(6) Locations, widths and names of all existing roads, streets, bridges, alleys or other public rights-of-way within or adjoining the subdivision or intersecting any street that bounds it (recorded but unimproved rights-of-way are to be shown by dashed lines), railroads, transmission lines, pipelines, utility rights-of-way or easements or other rights-of-way or easements, parks and other public spaces, subdivisions, lots and property lines, municipal corporation lines and special taxing district lines, including sanitary districts, are to be shown.

(7) Existing buildings and utilities, including the size and grades of any existing water and sewer lines, are to be shown.

(8) Existing zoning of the property being subdivided and adjacent properties and zoning district boundaries, if applicable, are to be shown.

D. Lot layout. All plats will include a layout showing the location, numbering and dimensions of proposed lots or parcels.

(1) Lot frontage. All newly created lots and remainders must have frontage on a publicly dedicated right-of-way for a distance (lot width) at least equal to that required in Part 4, Zoning, of this chapter. Each lot must have direct vehicular access to the right-of-way along its frontage.

(2) Culs-de-sac. On culs-de-sac, the lot width is measured at the setback line.

(3) Lot width and depth requirement. No strips of land less than the minimum lot width or depth requirements noted in Part 4, Zoning, of this chapter will be created as part of lots or remainder tracts. This includes portions of lots which straddle rights-of-way.

(4) Corner lots. Corner lots shall meet the front yard setback on both sides fronting on streets as required by Part 4 of this chapter.

(5) Building lines. Building setback lines shall be shown on the plat, measured from property lines along each street, as required in each case by the applicable zoning regulations. The locations of these lines shall be clearly indicated by dimensions.

(6) Lot measurements. All lot measurements shall be net measurements, not including any part of any street, alley or crosswalkway. Easements, however, shall be regarded as being within the lot for lot-measurement requirements. Lot lines shall follow the edge of dedicated rights-of-way and not the center line of these rights-of-way.

(7) Utility easements. These shall be provided (7.5 feet wide) along rear and side lot lines of each lot for public and private utilities.

(8) Drainage easements. Drainage easements where not on lot lines shall be 7.5 feet on each side of the center line of streams or drainageways.

(9) Recreation areas. Where a major subdivision or planned development contains more than 10 lots with an average lot size of less than 10,000 square feet, a percentage of the property (outside of setback buffers) shall be dedicated to public recreation use. (See § 360-25.) Improvements to and maintenance of the recreation area will become the responsibility of a citizens' association made up of residents of the subdivision.

E. Street layout.

(1) All newly dedicated public streets or extensions to existing public streets shall conform to existing topography by minimizing cuts and fills and shall have a minimum fifty-foot right-of-way with a gradient of less than 10%. Street segments of less than 500 feet in length may be approved at twelve-percent grade. Major collector streets and streets in industrial parks shall have a minimum sixty-foot right-of-way.

(2) Any newly dedicated right-of-way must also be an adequate width to accommodate cuts and fills so that the usable portion of the right-of-way surface meets County standards. The County Engineer may require cross-sections at any point on the right-of-way to determine the width necessary to maintain slopes on cuts and fills in accord with County sediment and erosion control standards.[1]

[1] Editor's Note: See Part 2 of this chapter.

(3) When an existing parcel which fronts on an existing right-of-way that is less than 50 feet in width is subdivided, then the right-of-way in front of these lots may be dedicated at a width of 25 feet from the center line of the existing right-of-way.

(a) Alignment with existing streets. Where required by the County, proposed streets shall be continuous and in alignment with existing, planned or platted streets with which they are to connect. Any proposed abandonment or realignment of existing platted streets must be in conformity with the County's road closing procedure.

(b) Platting to boundary lines. Where required by the County, proposed streets shall be platted to the boundary lines of the tract to be subdivided with an appropriate temporary turnaround. Temporary turnarounds may be eliminated when a subsequent plat extends the right-of-way. Where the Planning Commission and County Engineer deem appropriate, culs-de-sac of reasonable length with turnarounds may be approved.

(c) Half-width streets. Subdivisions adjoining dedicated or platted and recorded half-width streets or alleys shall dedicate an additional right-of-way width sufficient to meet the right-of-way requirements of this Part 1. No new half-width streets shall be permitted.

(d) Private streets. Private streets will not be allowed except in planned developments.

(e) Street names. All newly dedicated rights-of-way shall be named. Street names shall be subject to approval by the County Planning Department under the 911 house-numbering plan. Names will not duplicate nor closely resemble existing street names in the County. The County will determine the address number of each lot. This information will be put on the final plat by the subdivider.

(f) Street signs. Name signs of a County-approved design shall be erected by the developer at each new street or road intersection, including streets or roads not in the County-maintained system.

(g) Alleys. Alleys may be platted only in planned developments, if no other provisions are made for adequate access to parking and/or loading spaces.

(h) Intersections. Streets shall intersect one another at as nearly right angles as topography and other limiting factors of good design will permit. Streets intersecting on opposite sides of a road or highway shall be laid out directly opposite to each other. Street jogs with center-line offsets of less than 125 feet shall not be permitted.

(i) Land abutting highways. Land abutting arterial highways (see § 360-22) shall be platted with the intent of minimizing access points and interference with through traffic. These access points shall meet State Highway Administration standards and be no closer than 750 feet apart. The following methods are suggested to accomplish the desired purpose:

[1] Providing a marginal access road parallel to but separated from the major thoroughfare by means of a buffer strip connecting with the thoroughfare at infrequent intervals (no less than 750 feet).

[2] By backing the lots upon the highway so that they front on and have access via a parallel local street 1/2 block from the highway. Vehicular access to the lots from the highway shall be prohibited by a parkway easement along the rear of the lots, covered by deed restrictions.

[3] By arranging the lots around a series of loop streets or culs-de-sac stemming from a collector street which has direct access to the arterial highway.

(j) Land abutting railroads. Where land adjoins a railroad, the street plan should:

[1] Make allowance for future grade separations on streets which are to cross the railroad, by providing extra right-of-way for such streets and by keeping intersecting streets a sufficient distance away to allow for necessary approaches to overpasses or underpasses.

[2] Provide a street arrangement by which residential lots will back upon the railroad and have rear yard setbacks of at least 50 feet from the center line of the track, such as by the use of parallel streets, loops or culs-de-sac as noted above. In the case of commercial or industrial development, the lot layout should provide for rail siding access, where appropriate, but maintain clearance from the siding to allow rail access to all lots.

F. Utility layout. All newly installed utilities or extensions to utilities shall be located in dedicated rights-of-way or designated utility easements and shall be designed to the current standards of the Allegany County Public Works Department or other maintenance authority. (See § 360-24 for utility standards.)

§ 360-20 Improvement plans and construction of improvements.

For major subdivision plats, planned developments and minor subdivision plats, when applicable, improvement plans are to be drawn in pencil or ink on Mylar or similar material, size 24 inches by 36 inches, at an appropriate scale, and are to be designed to match or overlay the preliminary plat where appropriate. Improvement plans will include cross-sections and profiles of streets and profiles of water and sewer lines as well as drainage improvements. Improvement plans must be signed by a registered engineer or, where permissible, by a registered surveyor licensed to practice in the State of Maryland and bear his seal. Where appropriate, improvement plans will conform to the requirements of maintenance authorities and to the requirements of other ordinances, including Part 3, Stormwater Management, and Part 2, Sediment and Erosion Control. Improvement plans may be prepared according to the criteria for major development plans in Part 4, Zoning, where appropriate.

A. Streets. In major subdivisions, streets shall be constructed to the current standards adopted by the County Commissioners. (See § 360-23.) In minor subdivisions, streets which are being offered for County maintenance must also be built to County standards. Street design and construction shall be approved by the County Engineer. Newly constructed streets or extensions of streets in major subdivisions will be taken into the County system for maintenance upon the recommendation of the County Engineer with final approval by the County Commissioners.

(1) Construction of roads on existing rights-of-way. In a case where a major subdivision is created which utilizes a dedicated right-of-way created for an approved minor subdivision or a prelaw major subdivision or in any other situation where the proposed major subdivision does not have frontage on a County-maintained road, it will be the subdivider's responsibility to construct the road to County standards from the nearest County- or state-maintained road to the property being subdivided.

(2) Construction of existing County roads. In a case where a major subdivision is created utilizing a road in the County-maintained system which is not hard-surfaced, it shall be the developer's responsibility to construct this road to County standards along the frontage of the lots being created plus a distance of 150 feet on either side of these lots. In those instances where a hard-surfaced County or state-maintained road is within 1,000 feet of the property being subdivided and is being used for access to the property being subdivided, the developer will also be required to construct this entire road segment to County standards.

(3) Replacing an old road. When a newly dedicated right-of-way replaces or parallels an older private right-of-way or driveway which continues to serve preexisting lots, the new right-of-way must be used for vehicular access to newly created lots. It is the developer's responsibility to open and grade this right-of-way in a manner suitable for vehicular traffic.

(4) Construction of driveway entrances. Each lot must be directly accessible from the right-of-way which it fronts on. The transition zone from the right-of-way to the lot is to be graded at no more than 5% for a distance of at least 30 feet from the road shoulder. Driveway entrances must meet County Roads Division requirements.

B. Water facilities. Major subdivisions and planned developments shall be provided with a water supply and distribution system as defined in COMAR 26.04.03.01. The source of supply may be a local-government-operated water system, in which case, the local distribution system shall meet the standards for such system and shall become a part thereof, or it may be a community source of supply approved by the state and the Allegany County Public Works Department, Utilities Division, in which case, the system must be owned and operated by a public or private utility company under the jurisdiction of the Public Service Commission or by an agency of the County. The state may allow the use of private wells in a major subdivision or planned development, provided that a community sanitary sewer system, as defined in COMAR 26.04.03.01, is available to all lots in the subdivision. The state may require testing of nearby existing wells or springs in an aquifer to decide the adequacy of proposed wells in a minor subdivision, major subdivision or planned development.

C. Sewer facilities. Major subdivisions and planned developments shall be provided with a complete sanitary sewer system connected to a County or municipal system or to an adequate community sewage disposal plant meeting the requirements of the state and Allegany County Public Works Department, Utilities Division. If connected to a County or municipal system, it shall be constructed to meet the standards and requirements for such a system and shall become a part thereof. If built as an independent system, the system must be owned and operated by a public utility company under the jurisdiction of the Public Service Commission or by an agency of the County. The state may allow the use of septic systems in a major subdivision or planned development, provided that a community water system, as defined in COMAR 26.04.03.01, is available to all lots.

D. Stormwater management and drainage. Where required by the County Engineer, each subdivision and planned development shall be provided with storm drains, culverts, drainageways, ponds or other stormwater management works adequate to collect, store and dispose of all water originating on or flowing across the property, without inundating or damaging roads, lots, buildings or other properties. Such drainage works shall meet the standards and requirements of Part 3, Stormwater Management. A stabilized drainageway shall be provided outside road shoulders, conforming to the standards of cross-section and construction adopted by the County.

§ 360-21 Final plat design for all subdivision plats.

A. General style and form.

(1) Final plats shall be legibly and accurately drawn on Mylar or similar material, 24 inches by 24 inches in size, and at a scale of one inch to 100 feet or less depending upon the size and nature of the subdivision.

(2) When a large tract is being subdivided, plats may be submitted on multiple twenty-four-inch-by-twenty-four-inch sheets. All sheets must be signed, numbered and referenced to one another on a key sheet, with each new lot appearing in total on at least one sheet.

(3) Final plats shall conform in all respects to the requirements of § 73-4 of the latest edition of the Code of Allegany County.

B. Title information: Title information shall be as follows:

(1) Subdivision name and Tax Map and parcel number.

(2) Location by town or election district, County and state.

(3) Names and address of all owners of record, the subdivider and the registered surveyor, licensed to practice in Maryland, and his seal in ink.

(4) A general location map.

C. Graphic information. Graphic information shall be as follows:

(1) Exact boundaries of the area included within the subdivision with dimensions to hundredths of a foot and bearings to half-minutes. These boundaries shall be determined by an accurate survey in the field, which shall be balanced and closed with an error of closure not to exceed one in 10,000.

(2) Bearings and distances to the nearest recorded property owners or other monuments, which shall be located or accurately described on the plat.

(3) The accurate locations and descriptions of all permanent monuments. Permanent monuments shall be set by the surveyors, as required for markers in § 73-4 of the latest edition of the Code of Allegany County, as administered by the Allegany County Engineer. All monuments shall be located and identified upon the final plat.

(4) Names and locations of adjoining subdivisions or the locations and ownerships of adjoining and unsubdivided property.

(5) Exact locations, width and name of each existing or recorded road or street adjoining or intersecting the boundaries of the tract.

(6) The exact location and width of every road, street, alley, easement or other public or private way within the tract, with the length and bearing of every tangent, lengths of arcs, radii, internal angles, points of curvature and any other necessary engineering data, with the names of such ways, and the purposes of easement of other ways.

(7) Accurate location of every lot line, with its dimension to hundredths of a foot and bearing to minutes, except that this data need not be repeated on a series of parallel lines or lines of same length.

(8) Minimum building setback lines drawn to scale and dimensioned to street lines.

(9) Where appropriate, blocks of lots lettered in alphabetical order and lots numbered in numerical order within each block.

(10) Accurate outlines of any areas dedicated or reserved for public use or for any purpose except sale, with the purpose indicated.

(11) Accurate location of any municipal or zoning district boundary line traversing or closely related to the tract.

(12) Existing and relocated courses of any waterways, including wet-weather streams traversing the tract, with the right-of-way or easement lines provided therefor.

(13) Nonbuildable areas, including slopes steeper than twenty-five-percent grade, one-hundred-year floodplains and areas within 50 feet of stream banks having basins larger than 400 acres or 25 feet of the center line of any streams and drainageways, including intermittent streams, and areas within 25 feet of designated wetlands and habitat areas shaded and noted as being nonbuildable on the plat.

D. Certificates and other information. Certificates and other information shall be as follows:

(1) Owner(s) certificate, signed by all owners and notarized, acknowledging ownership of the property and agreeing to the subdividing thereof as shown on the plat; also offering for dedication all streets, water and sewer facilities and other ways and places intended for public use.

(2) Certificate of the Maryland registered surveyor in ink to the effect that the plat represents a survey made by him that it is accurate to the best of his knowledge, that all permanent monuments indicated thereon actually exist and their locations and descriptions are correctly shown and that all requirements of these subdivision regulations and of other applicable laws have been fully complied with.

(3) A brief summary of the deed restrictions or agreements applying to the plat or to any lots created by the plat.

(4) Certificate of approval by the County Planning and Zoning Commission, signed by the Chairman of the Commission or the Planning Director, where appropriate, and other approving agencies.