A.
The purpose of this Part 4 is to establish requirements and regulations
governing the subdivision and/or site development of land falling
under the jurisdiction of the Town. Such requirements and regulations
are intended to control the division of land for building and development
purposes; establish standards for design and layout of lots, streets,
utilities and public improvements; and to protect natural resources
by integrating erosion and sediment control practices with stormwater
management practices, thereby minimizing impervious surfaces and protecting
streams and waterways from the impact of land development.
B.
These regulations and requirements shall apply to all development
of land on a single lot, including the revision of existing development,
as well as to subdivisions of land creating two or more lots. These
regulations shall be in addition to any other applicable regulations
promulgated by other agencies. Generally, in case of conflict or overlap
with other regulations of this chapter or any other ordinance, the
more stringent requirement shall apply.
C.
These regulations shall also be used as one basis for Town review of Harford County site plan and subdivision proposals as described in § 165-3 of the Town of Bel Air Development Regulations. Where discrepancies occur, the Town shall identify these and advise the county of any potential conflicts.
The applicant for subdivision and/or site development of land
in the Town shall be responsible for preparation, submission and/or
recordation of applications, plans, plats and all other information
determined to be necessary for the review of and determination on
the application by the Town. A site plan is required for issuance
of permit approvals for new construction or expansion of existing
uses. Completeness and adequacy of the applications, plans, plats
and other information shall be determined by the Zoning Administrator
in conjunction with the Director of Public Works. Incomplete applications
shall not be accepted.
A.
Submittal requirements.
(1)
Preparation, submission and/or recordation of applications, plans, plats and other information shall be in accordance with Article XI of the Town of Bel Air Development Regulations, as well as any additional forms and checklists determined necessary by the Zoning Administrator and the Department of Public Works.
(2)
Preparation, submission and/or recordation of plats shall be
in accordance with the Real Property Article of the Annotated Code
of Maryland, as well as any statute enacted by the Maryland State
Legislature intended to supplement and/or supersede such section of
such article. Record plats shall be recorded in the office of the
Clerk of the Circuit Court of Harford County, Maryland, and a second
Mylar original and two paper copies of said plat shall be submitted
by the applicant for the files of the Town, along with a digital submission
of the property line/lot changes in a form compatible with the Town's
GIS.
[Amended 4-3-2017 by Ord.
No. 780-17]
B.
No subdivision plat shall be recorded and no development of property
shall commence until complete applications, plans, plats and other
information, as determined necessary, have been submitted to and approved
by the Bel Air Town Planning Commission or Zoning Administrator, whichever
is applicable. In approving applications for subdivision, lot consolidation
and/or development, the reviewing agency shall ensure that the requirements
of the Town of Bel Air Development Regulations have been observed.
C.
Transfers, sales and building permits. No lot or any section thereof, except a subdivision legally created prior to the adoption of this Part 4, shall be transferred, nor shall a building permit be issued for a structure thereon, until a record plat of such subdivision and/or lot consolidation shall have been recorded in accordance with the Town of Bel Air Development Regulations and Maryland law.
[Amended 6-5-2023 by Ord. No. 812-23]
The applicant for subdivision and/or site development in the Town of Bel Air shall follow the procedures specified in Article XI of the Town of Bel Air Development Regulations. The applicant must have an equitable ownership interest in the subject site to qualify as an applicant with "standing" in any proceeding with or before the Town under this article. Equitable ownership interest includes direct ownership of the land exceeding 5% of the fee simple ownership of the land or ownership interests exceeding 5% of any corporation, limited-liability company or partnership which owns the land or written authorization of any such equitable owner as set forth herein to act on behalf of that equitable owner.
A.
Steps in this procedure, detailed in Article XI, include:
(1)
Preliminary conference with Department of Planning and Community
Development and Department of Public Works.
(2)
Grading, sediment/erosion control and stormwater management
concept plan.
(3)
Planning concept plan meeting.
(4)
Forest conservation plan/environmental assessment.
(5)
Landscape plan (in accordance with Article VIII of the Town of Bel Air Development Regulations).
(6)
Traffic impact analysis.
(7)
Preliminary plan/plat (Planning Commission submission).
(8)
Erosion/sediment control and stormwater management site development
plan.
(9)
Final erosion/sediment control and stormwater management plan.
(10)
Final site development plan.
(11)
Record plat (for site plan review involving subdivision).
(12)
Public works agreement (PWA).
(13)
Building permit.
B.
Applicable procedures depend on the size and type of request. Required
procedures will be identified during the preliminary conference.
C.
The applicant shall be notified, in writing, of the determination
of Town reviewing agencies regarding approval or disapproval of complete
applications, plans and/or plats within 60 days of receipt of complete
submission.
D.
To help streamline the process, the developer may submit a building
permit application for concurrent review with the preliminary plan.
The developer may need to make some modifications to the plans, based
on the preliminary plan approval conditions.
The purpose of good subdivision and site design is to create
a functional and attractive development, to minimize adverse impacts,
and to ensure a project that will be an asset to the community without
adding unnecessarily to development costs.
A.
General requirements. General requirements for site and subdivision
plans include:
(1)
The site plan and/or subdivision plat shall conform to the currently
adopted Town of Bel Air Comprehensive Plan as well as the requirements
of the Town of Bel Air Development Regulations.
(2)
The developer shall be required to dedicate and plat any opening,
widening, or extension of rights-of-way shown on existing state and
local plats.
(3)
Recreational areas shall be provided where designated by the Town of Bel Air Comprehensive Plan or where otherwise required by the nature of the proposed development and by the needs of the community as specified in Article VII of the Town of Bel Air Development Regulations.
[Amended 4-3-2017 by Ord.
No. 780-17]
(4)
Specific areas shall be preserved and platted as undeveloped open space, to the extent consistent with the reasonable utilization of land and in accordance with applicable state, local and/or federal regulations and with the environmental regulations stated in Article VI of the Town of Bel Air Development Regulations.
(5)
The development shall be laid out to avoid adversely affecting
groundwater and aquifer recharge; to minimize cut and fill; to avoid
unnecessary impervious cover; to prevent flooding; to provide adequate
access to lots and sites; and to mitigate adverse impacts of shadow,
noise, odor, traffic, drainage and utilities on neighboring properties.
(6)
Except for single-family dwellings, site plans for buildings
in excess of 2,000 square feet shall include architectural renderings
showing all sides of the proposed structure(s). The Town shall submit
a copy of the site plan and renderings to an independent architect
for review and comment. These comments shall be provided to the Planning
Commission as part of the site plan review process for use in determining
the compatibility of the proposed design with the applicable zoning
district and with standards specified in this article.
[Amended 4-3-2017 by Ord.
No. 780-17]
(7)
Historically and archaeologically significant sites and structures shall be preserved in accordance with local, state and federal regulations and with Article V, Historic Resource Conservation Regulations, of the Town of Bel Air Development Regulations.
(8)
Design of site and subdivision plans shall be subject to requirements for environmental protection of streams, drainageways, wetlands and vegetation, open space and recreation requirements, landscape requirements, architectural review, and requirements for off-site improvements as specified in Articles VI through VIII of the Town of Bel Air Development Regulations.
(9)
All subdivision and site plans shall comply with applicable
regulations for control of temporary flooding or erosion and sediment
control both during construction and after completion of construction.
(10)
Any redevelopment or addition that impacts 50% or more of the
improved area of a parcel of land shall require that the entire site
be brought up to current site plan standards.
(11)
Prior to issuance of any building permits, homeowner association
or condominium documents shall be submitted to the Department of Planning
and Community Development for review and approval by the Town Counsel.
All condominium plats and/or subdivision plats with passive or active
recreation areas, steep slopes, stormwater management facilities or
measures, forest conservation areas located on common grounds or other
privately maintained road or amenity areas shall be forwarded for
recordation in the Harford County court records.
(12)
All subdivision and site plans shall comply with applicable
regulations regarding forest conservation, landscaping, tree protection
and public art amenities, where applicable.
(13)
Cost allocation for new or expanded developments requiring off-site infrastructure or other improvements necessitated by the development will be as specified in this article or other applicable Town regulations. Cost allocation shall be as specified in § 265-4 of the Bel Air Town Code.
(14)
A traffic impact analysis (TIA) shall be conducted for any development that generates 25 or more new peak-hour trips for any one peak period of the day or that generates 249 or more vehicle trips per day. The study shall be completed in accordance with the TIA Guidelines described in § 165-118 of the Town of Bel Air Development Regulations.
(15)
Review and approval by the Planning Commission or Zoning Administrator, whichever is applicable, shall be required for any significant change(s) to an approved site plan or subdivision plat. The Zoning Administrator and/or the Director of Public Works shall determine what constitutes significant change based on the definition in Article XIV of the Town of Bel Air Development Regulations.
B.
Residential development design.
(1)
In conventional developments, the Planning Commission may vary
lot areas and dimensions, yards, and setbacks for the purpose of encouraging
and promoting flexibility, economy, and environmental soundness in
layout and design, provided that the average lot's areas and dimensions,
yards, and setbacks within the subdivision conform to the minimum
requirements of the Town of Bel Air Development Regulations, as stated
herein, and provided that such standards shall be appropriate to the
type of development permitted.
(2)
Every lot shall have sufficient access for emergency vehicles,
as well as for those needing access to the property in its intended
use.
(3)
The placement of units in residential developments shall take
into consideration topography, privacy, building height, orientation,
drainage, and aesthetics.
(4)
Buildings shall be spaced so that adequate privacy is provided
for units.
C.
Commercial and industrial development design. Commercial and industrial
developments shall be designed according to the same principles governing
the design of residential developments; namely, buildings shall be
located according to topography, with environmentally sensitive areas
avoided to the maximum extent practicable, factors such as drainage,
noise, odor, and surrounding land uses considered in siting buildings,
sufficient access shall be provided, and adverse impacts buffered.
D.
Circulation system design.
(1)
General. The road system shall be designed to permit the safe,
efficient, and orderly movement of traffic; to meet, but not exceed,
the needs of the present and future population served; to have a simple
and logical pattern; to respect natural features and topography; and
to present an attractive streetscape.
(2)
Minimum requirements for a Traffic Impact Analysis (TIA).
[Amended 12-19-2011 by Ord. No. 746-11; 9-16-2019 by Ord. No. 792-19]
(a)
A complete TIA is required for any residential, industrial,
institutional or commercial development that is projected to generate
25 new peak-hour trips or 249 trips per day. If a development will
generate fewer than 25 new peak-hour trips or 249 trips per day, the
Town may, at its discretion, require a TIA. Trip generation projections
shall be determined by utilizing methods set forth in the latest available
Institute of Transportation Engineers (ITE) Trip Generation Manuals
available.
(b)
The minimum acceptable level of service (LOS) in a residential
district shall be "C." The minimum acceptable level of service (LOS)
in commercial/industrial districts shall be "D." If any intersection
within the study area falls below the minimum LOS, the TIA shall recommend
mitigating improvements that address the development's impacts and
bring the intersection up to the minimum LOS. If recommended improvements
are approved by the Town, it will be the responsibility of the developer
to implement the recommendations in the TIA at the developer's sole
expense.
(c)
The study area shall be determined by Town staff, who shall
consider the following when determining the parameters of the study
area:
[1]
Study area. The typical study area for a TIA shall consist of
a minimum area encompassed by a radius of one quarter mile from the
site to be developed and shall include collector or higher-functioning
classification road intersections from all approaches to the site
as specified in the Town of Bel Air Comprehensive Plan. This area
may include intersections which are subject to the jurisdiction of
the Maryland State Highway Administration or Harford County. Coordination
with these government agencies may be required.
[2]
Design year. The design year shall be the projected date of
completion of the project, which will be discussed at the preliminary
conference. If the projected date of completion is changed significantly,
the preliminary plan may be subject to a new TIA. This requirement
is to be determined at the sole discretion of the Town.
[3]
Traffic data requirements.
[a]
Existing traffic counts shall be conducted within
a twelve-month period of the submittal date of the TIA. Traffic counts
shall be taken on a Tuesday, Wednesday or Thursday, not following
a holiday, unless approved otherwise by the Town. If the proposed
project is residential or a school is located within either one mile
of the proposed development or the TIA study limits, then traffic
counts shall be taken while school is in session unless approved otherwise
by the Town.
[b]
Trip generation for each land use shall be obtained
by utilizing the ITE Trip Generation Manual, current edition. The
land use code in the manual shall be indicated for each category.
Where a land use is not recognized within the ITE Manual or where
local conditions indicate that a development could generate more or
fewer trips than projected by the ITE standard for a particular land
use, local trip rates may be required to be developed; however, the
data must be submitted to the Town with supporting documentation prior
to approval of the rates.
[c]
For commercial uses or other uses generating peak
trip numbers on weekends, the Town may require the TIA to include
traffic counts on either Saturday or Sunday (depending upon which
day best reflects the proposed land use's peak operation), and the
TIA shall include a traffic report for specifically identified peak
hours. Operational analyses for the site and/or the immediate surrounding
road system may be required as well. Pass-by and diverted trip reduction
factors may be considered for certain uses if Town staff permits.
[4]
Trip distribution and assignment.
[a]
Any of the following methodologies shall be acceptable
for the purpose of determining trip distribution:
[i]
Gravity model. This technique may require calibration prior
to its use if utilizing an old gravity model for the study area.
[ii]
Utilization of demographic data.
[iii]
Current directional distribution. (NOTE: This
may be unacceptable if the directional distribution will change before
the design year to future changes in the land use or transportation
system improvements.)
[b]
In any of the above methodologies, Town staff approval
is required for use in the study.
[5]
Capacity analysis.
[a]
Capacity analyses shall be performed for all intersections,
roadways, ramps, weaving sections, internal circulation and access
points. The analysis shall be in accordance with the latest published
version of the Highway Capacity Manual (HCM). Other types of capacity
analysis may be requested, such as Critical Lane Volume (CLV), depending
on requirements of other jurisdictions with road systems within the
Town of Bel Air. It may also be necessary to complete traffic progression
analysis, utilizing such programs as HCM (Highway Capacity Manual),
VISSIM or Synchro. Queuing analyses may be required to determine both
on- and off-site operational concerns where queuing could impact the
roadway/internal site operation. The Maryland State Highway Administration
has established acceptable cycle lengths. See below. However, actual
field-documented cycle lengths may be used if approved by staff.
|
Level of Service
|
2 Phases
|
3 to 5 Phases
|
6 to 8 Phases
| |
|---|---|---|---|---|
|
A
|
90
|
100
|
120
| |
|
B
|
90
|
100
|
120
| |
|
C
|
100
|
120
|
135
| |
|
D
|
120
|
135
|
150
| |
|
E
|
135
|
150
|
165
| |
|
F
|
150
|
165
|
180
|
[b]
Unsignalized intersections not meeting the adopted
level of service may be required to complete a traffic signal warrant
analysis. Unsignalized intersections will be evaluated based on the
level of service on the minor approaches to the intersection. Accident
history of the intersection may be considered as well.
[c]
When analyzing background and future conditions,
only capital projects with one-hundred-percent funding may be utilized.
Other road improvements associated with other developments that have
approved plans and an executed public works agreement or state highway
access permit may be utilized as well.
[6]
Traffic operational analysis. Certain types of developments
may have operational impacts within the site, as well as outside the
site along the adjacent street system. These impacts may need to be
evaluated along with the intersection capacity to accurately assess
the potential issues that can be caused by the development. As part
of the traffic analysis scope review, staff may identify operational
areas of concern, such as on-site vehicle circulation, and potential
queuing issues, as well as traffic progression issues along the adjacent
road system. Staff may request that intersections outside the study
area along the impacted adjacent road system be included in the operational
analysis. To conduct these analyses, programs such as Synchro, Sim
Traffic or VISSIM may be required as part of the overall traffic analysis.
[7]
Peak-hour observations. Of particular interest to the Town is
the current operation of its roadway system. The Town shall require
peak-hour observations be performed by a qualified traffic engineer.
The observations shall be conducted at the direction of the Town to
address specific operational issues. The specific traffic concerns
of the Town will be presented at the preliminary plan meeting. Documentation
of the observations shall be included in the transportation impact
analysis, with correlations to the existing analyses conducted. If
the existing condition analysis and observation identify operational
issues, the study should reflect the problem. The Town may not require
the developer to fix existing condition problems unless the issue
is exacerbated by the development.
[8]
Recommendations. The TIA shall include recommendations if traffic
impacts and conditions so warrant. The improvements shall be described
in the TIA and should include a basic concept plan that illustrates
the recommended improvements. The recommended improvements should
be achievable utilizing the latest AASHTO, Maryland State Highway
Administration or Harford County guidelines. A TIA without specific
recommendations to mitigate negative impacts shall not be considered
complete.
[a]
If the TIA determines the existing LOS does not meet the minimum requirements in § 165-118D(2), the developer will be required to mitigate the traffic impacts to an acceptable level of service (LOS) as defined in § 165-118D(2)(b).
[b]
If the developer is unable to provide the required improvement due to inability to acquire right-of-way, physical constraints of the property, or state/federal regulations beyond the control of the developer, mitigation shall be provided in accordance with § 265-4C of the Town Code.
[c]
If an applicant wishes to install required improvements in phases, all provisions of § 265-5C of the Town Code must be met.
[d]
All terms and conditions contained in this section must be met
to the satisfaction of the Director of Public Works and the Zoning
Administrator prior to issuance of a building permit.
[Amended 6-5-2023 by Ord. No. 812-23]
(3)
Pedestrian circulation. If pedestrian circulation is identified
as an issue by the Town, a pedestrian circulation plan may be required.
Observational analysis of pedestrian movement and volume may be required
as part of any traffic study. The pedestrian system shall be designed
to permit safe, efficient pedestrian movement, connecting neighborhoods
and other destination points. Walking trails, identified in the Town
of Bel Air Comprehensive Plan, and sidewalk connectivity shall be
provided by the developer. Developments adjacent to these trails identified
in the Town of Bel Air Comprehensive Plan shall have connectivity
to these trails. ADA-compliant sidewalks should be placed parallel
to the street, with exceptions permitted to preserve natural features
or to provide visual interest. Sidewalks proposed to be placed away
from the road system may be required to parallel the street for safety
reasons. Paving materials and construction shall be in conformance
with the Harford County Road Code and State Highway Administration
specifications.
[Amended 9-16-2019 by Ord. No. 792-19]
(4)
Street arrangement. The arrangement of streets shall conform
to the Transportation Element of the Town of Bel Air Comprehensive
Plan.
(5)
Streets.
(a)
Wherever a parcel of land to be subdivided or developed includes
any part of a road or trail identified in the Transportation Element
of the Town of Bel Air Comprehensive Plan, the location and construction
of such road shall be incorporated by the subdivider or developer
in the layout plan.
[Amended 6-5-2023 by Ord. No. 812-23]
(b)
Notwithstanding the provisions of Subsection D(5)(a), when a tract of land to be subdivided abuts an existing Town road, the subdivider shall, as a condition of subdivision approval, deed to the Town 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 liens and encumbrances.
(c)
For streets not shown on the Town of Bel Air Comprehensive Plan,
the arrangement shall provide for the appropriate extension of existing
streets.
(d)
Residential streets shall be arranged so as their local function
and place in the street hierarchy discourage excessive speeds and
enhance the community's visual image. Traffic-calming techniques shall
be incorporated in road design.
(e)
No more than 50 residential units shall be served by a singular
point of vehicular access. The Planning Commission shall have the
authority to grant a waiver of this requirement if it finds that:
[Amended 9-16-2019 by Ord. No. 792-19]
[1]
An alternative access is unavailable.
[2]
An independent traffic impact analysis performed by a traffic
engineer, to be reviewed and analyzed for sufficiency by the Zoning
Administrator, to be paid for solely by the property owner, clearly
demonstrates that, when the development is fully constructed, an acceptable
level of service can be achieved at the entry point to the development.
[Amended 6-5-2023 by Ord. No. 812-23]
(f)
No subdivision or development shall be approved unless it directly
accesses an existing paved road network. All roads providing access
from a subdivision/development to an existing paved Town, county or
state road shall be constructed to the Harford County Road Code by
the subdivider/developer, if the subdivider/developer desires to proceed
with the project prior to the Town performing the required construction
pursuant to the Town's Capital Improvements Program. If a developer
decides to undertake construction, a public works agreement shall
be executed as required by law.
(g)
Any new or existing road rights-of-way or accessways leading
from an existing Town, 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 established
by the Harford County Road Code unless otherwise specified in this
section.
[Amended 4-3-2017 by Ord.
No. 780-17]
(h)
Proposed developments, including residential, business, industrial
or institutional developments, or subdivisions to be constructed along
existing roadways not meeting Town road standards for existing or
contemplated traffic demands will be required to improve 1/2 of the
roadway along their property to required Town, county or state road
standards (whichever is applicable). 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 the
Town of Bel Air for the future improvements of that roadway to the
designated road standards. If not used within 20 years, the funds
shall be rebated to the property owner.
(6)
Street grade and intersections. Street grade and intersection
requirements are specified in the Harford County Road Code.
(7)
Street hierarchy.
(a)
In conventional developments, streets shall be classified in
a street classification system, with design tailored to function according
to the functional classification of the proposed street.
(b)
Proposed streets shall be classified and designed for the entire
length to meet the standards established for street types defined
in this article and according to the Harford County Road Code unless
otherwise specified in this section.
[Amended 4-3-2017 by Ord.
No. 780-17]
(c)
The applicant shall demonstrate, to Zoning Administrator satisfaction,
that the traffic on the existing and proposed street system adjacent
to the site and to the nearest collector or higher-functioning classification
road, as measured from each point of entrance to the site, will maintain
a Level of Service "C" or better in all residential districts and
a Level of Service "D" or better in all commercial/industrial districts.
[Amended 6-5-2023 by Ord. No. 812-23]
(8)
Rights-of-way.
(a)
The right-of-way shall be measured from lot line to lot line
and shall be sufficiently wide to contain the roadway, curbs, shoulders,
sidewalks, graded areas, utilities, and shade trees (if they are placed
within the right-of-way). The required right-of-way width shall be
determined as follows:
|
Street Type
|
Residential
|
Commercial/Industrial
| |
|---|---|---|---|
|
Arterials
|
60 feet
|
70 feet
| |
|
Collectors
|
50 feet
|
60 feet
| |
|
Local streets
|
50 feet
|
60 feet
| |
|
Alleys
|
20 feet
|
20 feet
| |
|
Turnarounds
|
60-foot radius
|
60-foot radius
|
(b)
The right-of-way width of a new street that is a continuation
of an existing street shall in no case be continued at a width less
than that of the existing street.
(c)
The right-of-way shall reflect future development as indicated
by the Town of Bel Air Comprehensive Plan.
(10)
Pavement section.
(a)
Street pavement thickness shall vary by street hierarchy classification,
subgrade properties and pavement type.
(b)
Pavement design for residential access streets, subcollectors
and collectors shall conform to the specifications in the Harford
County Road Code unless otherwise specified in this section. The required
pavement width shall be as follows:
[Amended 4-3-2017 by Ord.
No. 780-17]
|
Street Type
|
Residential
|
Commercial/Industrial
| |
|---|---|---|---|
|
Arterials
|
36 feet
|
40 feet
| |
|
Collectors
|
30 feet
|
36 feet to 40 feet
| |
|
Local streets
|
24-foot minimum, exclusive of head-in parking areas in single-family
attached areas or multifamily areas; 30-foot minimum in single-family
residential areas
|
36 feet
| |
|
Alleys
|
20 feet
|
20 feet
| |
|
Turnarounds
|
55-foot radius
|
55-foot outside radius
|
(11)
Paving materials.
(a)
Design and choice of paving materials used in pedestrian areas
shall consider such factors as function, climate, characteristics
of users, availability, cost, maintenance, glare, drainage, noise,
appearance and compatibility with surroundings.
(b)
Acceptable materials shall include, but are not limited to,
concrete, brick, cement pavers, asphalt and stone.
(c)
Materials shall be in conformance with the Harford County Road
Code.
(12)
Curbs and gutters.
(a)
Curbing shall be required at the time of development or redevelopment
of any parcel for the purposes of drainage, safety, delineation and
protection of pavement edge. Curbing may be required by the Zoning
Administrator and/or the Director of Public Works when the use of
a property changes so as to warrant upgrade based on the purposes
stated herein.
(b)
Curbs shall be built in compliance with the Harford County Road
Code.
(13)
Dead-end streets; intersections.
(a)
Dead-end streets (not exceeding 600 feet in length) may be approved
where necessitated by topography or where, in the judgment of the
Planning Commission, a dead-end street is appropriate for the type
of development contemplated. A turnaround shall be provided at the
end of such a street and shall be designed in accordance with the
Harford County Road Code.
(b)
Streets shall intersect one another at as nearly right angles
as topography and other limiting factors will permit. The intersection
of more than two streets at one point or approximately so shall be
strictly avoided.
(14)
Street names. Street names shall be subject to approval by the
Town and the Harford County Emergency OPNS. Names shall not duplicate
nor closely approximate existing street names in or near Bel Air,
except for the extensions of existing streets. In such cases, the
existing street name shall be used.
(15)
Alleys. Alleys shall be provided in all commercial and industrial
areas if no other provision is made for adequate access to parking
and loading spaces. Alleys may be approved in residential areas and
as extensions to existing alleys. Easements for utilities or drainage
shall be provided along rear or side lot lines wherever necessary.
Drainage easements shall be provided along all watercourses.
(16)
Sight distance. A triangular open area, as defined in § 165-65 of the Town of Bel Air Development Regulations, shall be provided at all intersections and shall remain open so that sight distance at the intersection is unobstructed, as determined by the Director of Public Works.
(17)
Panhandle lots.
(a)
Panhandle lots may be approved by the Planning Commission only
when it is determined by the Commission that excellence of design
will be achieved or that such lots are inaccessible to the road due
to odd shape and/or topographical constraints.
(b)
No more than two panhandle lots may have shared or adjoining
driveway entrances to a public right-of-way.
(c)
The stacking of panhandle lots to form more than two tiers of
lots is prohibited.
(d)
The required width for a panhandle lot shall be a minimum of
20 feet. In an instance where two lots share one access drive, each
lot shall have a minimum width of 10 feet. No portion of the panhandle
may be applied to the required minimum lot size.
[Amended 4-3-2017 by Ord.
No. 780-17; 4-2-2018 by Ord. No. 783-18]
(e)
Panhandles shall be a maximum of 250 feet in length. The Planning
Commission shall have the authority to grant a waiver of this requirement
if it finds that the topography, natural features or geometry of the
parcel make a longer panhandle necessary.
(f)
Where a common drive is necessary, the owner shall record driveway
use and maintenance restrictions that shall provide for the construction,
type, responsibility for the same, including all costs, and use and
maintenance of the common drive. The subdivision restrictions shall
be reviewed by the Town's legal counsel for sufficiency prior to recordation.
(18)
Sidewalks.
(a)
Sidewalks and/or graded areas shall be required and constructed
in accordance with the requirements set forth in the Harford County
Road Code.
(b)
ADA-compliant sidewalks/ramps shall be placed in the right-of-way,
parallel to the street.
(c)
Sidewalks may be located away from the road system to link dwelling
units with other dwelling units, the street, and on-site activity
centers, such as parking areas and recreational areas. They may also
be required parallel to the street for safety and other reasons.
(d)
Pedestrianway easements 10 feet wide may be required by the
Planning Commission to provide circulation or access along roads with
insufficient right-of-way and access to schools, playgrounds, shopping,
or other community facilities.
[Amended 4-3-2017 by Ord.
No. 780-17]
(e)
Sidewalk paving shall measure a minimum of five feet in width.
Wider sections of pavement may be necessary near pedestrian generators
and employment centers.
(f)
Sidewalk patterns shall carry across driveways.
(19)
Bikeways.
(a)
Separate bicycle paths may be required if such paths have been
specified as part of the Town of Bel Air Comprehensive Plan.
(b)
Bicycle lanes, where required, shall be placed in the outside
lane of a roadway, adjacent to the curb or shoulder. When on-street
parking is permitted, the bicycle lane shall be between the parking
lane and the outer lane of moving vehicles. Lanes shall be delineated
with markings, preferably striping. Raised reflectors or curbs shall
not be used. Protective grates shall be provided over storm drains,
as needed.
(20)
(21)
Any public road located within the campus of an acute care hospital
shall be subject to review on a case-by-case basis. Applicable road
right-of-way and paving requirements may be modified if the applicant
demonstrates to the Planning Commission that the proposed road right-of-way
and paving width are sufficient to provide safe, efficient and orderly
movement of traffic. Structures located along a public road within
the campus may be exempted from otherwise applicable setback and yard
requirements of the Town of Bel Air Development Regulations if the
applicant demonstrates to the Planning Commission that the spirit
of the Town of Bel Air Development Regulations will be observed and
public safety and welfare secured. The Planning Commission will make
a recommendation, and the Board of Town Commissioners has final approval.
E.
Landscape and amenity design.
(1)
General.
(a)
Reasonable landscaping should be provided at site entrances, in public areas, and adjacent to buildings. The type and amount of landscaping required shall be in accordance with Article VIII, Landscaping Standards, of the Town of Bel Air Development Regulations.
(b)
The opportunity for the creation of recreational, cultural and
artistic resources is diminished as land is developed. As these opportunities
are diminished, the need to develop alternate sources for recreational,
cultural and artistic assets is increased. The development of these
assets should be financed by those whose development diminishes the
availability of the community's resources for those opportunities
and contributes to community urbanization. For this reason, an amount
equal to or greater than 1/2% of the building cost for all nonresidential
development in excess of 10,000 square feet shall be set aside for
the inclusion of public art, a public square, passive open space or
a park amenity. The total amount shall not exceed $10,000 per project.
[Amended 4-3-2017 by Ord.
No. 780-17]
[1]
The property owner shall provide an amenity fee based upon a
cost estimate of the proposed project for review by the Town that
may exclude costs associated with redevelopment. This payment shall
be placed in the Town's public amenity fund. Monies paid into the
fund shall be used only for the purpose of the development of public
art, public squares, passive open space and park amenities. If not
used within 10 years, the funds shall be rebated to the property owner.
(2)
Open space and recreation.
(a)
Provision of open space shall be in accordance with § 165-52 of the Town of Bel Air Development Regulations. Developed or active open space shall be designed to provide active recreational facilities to serve the community and/or residents of the development. Undeveloped or passive open space shall be designed to preserve important site amenities and environmentally sensitive areas.
[Amended 6-5-2023 by Ord. No. 812-23]
(b)
Deed restrictions. Any lands dedicated for open space or forest
conservation purposes shall contain appropriate recorded covenants
and deed restrictions approved by the Town Attorney, ensuring that:
[Amended 6-5-2023 by Ord. No. 812-23]
[1]
The dedicated space area will not be further subdivided in the
future;
[2]
The use of the dedicated space will continue in perpetuity for
the purpose specified;
[3]
Appropriate provisions shall be made for any requisite maintenance
of the dedicated space; and
[4]
Common undeveloped open space shall not be turned into a commercial
enterprise admitting the general public at a fee.
(c)
Open space/forest conservation area ownership. The type of ownership
of land dedicated for open space or forest conservation purposes shall
be selected by the owner, developer, or subdivider, subject to the
approval of the Planning Commission. Type of ownership may include,
but is not necessarily limited to, the following:
[1]
The Town, subject to acceptance by the Board of Town Commissioners;
[2]
Other public jurisdictions or agencies, subject to their acceptance;
[3]
Quasi-public organizations, subject to their acceptance;
[4]
Homeowner, condominium, or cooperative associations or organizations;
or
[5]
Shared, undivided interest by all property owners in the subdivision.
(d)
Homeowner/condominium association. If any of the dedicated space
is owned and maintained by a homeowner or condominium association,
the developer shall file a declaration of covenants and restrictions
that will govern the association, to be submitted for Town review
prior to execution of the final plan or record plat and, in the case
of a condominium, prior to submission to the state for registration.
The provisions shall include, but are not necessarily limited to,
the following:
[1]
The homeowner/condominium association must be established before
plat recordation;
[2]
Membership must be mandatory for each condominium buyer or home
buyer and any successive buyer;
[3]
The open space restrictions must be permanent, not just for
a period of years;
[4]
The association must be responsible for liability insurance,
local taxes, and the maintenance of recreational and other facilities;
[5]
Homeowner/condominium owners must pay their pro rata share of
the cost, and the assessment levied by the association can become
a lien on the property if allowed in the master deed establishing
the homeowner association;
[6]
The association must be able to adjust the assessment to meet
changed needs; and
[7]
The association must maintain a reserve fund for maintenance
and repair of all private streets and stormwater management facilities.
(e)
Maintenance of open space areas. The person or entity identified
as having the right of ownership or control over any open space or
forest conservation area shall be responsible for its continuing upkeep
and proper maintenance.
(3)
Buffers. Buffers, where applicable, shall be provided in accordance with Article VIII of the Town of Bel Air Development Regulations.
(4)
(5)
Street furniture.
(a)
Street furniture, such as, but not limited to, trash receptacles,
newspaper stands, benches and phone booths, shall be located and sized
in accordance with function, pedestrian safety and traffic visibility.
(b)
Street furniture components shall be compatible in form, material
and finish. Design and materials shall be coordinated with existing
and proposed site architecture. Selection of street furniture shall
take into consideration function, durability, maintenance and long-term
cost. Design/materials and location of street furniture must be approved
by the Department of Planning and Community Development and the Public
Works Department.
(c)
Grouping street furniture shall be encouraged.
(6)
Tree/plant buffers.
(a)
Shade trees shall generally be located within the right-of-way on both sides of and parallel to the street. Shade trees may also be placed outside the public right-of-way. Refer to Article VIII, Landscaping Standards, of the Town of Bel Air Development Regulations for specific regulations regarding street tree placement.
(b)
Shade tree areas shall be planted with grass or ground cover
or treated with other suitable cover material.
(c)
Tree and shrub plantings shall be incorporated throughout development
sites to buffer the sites from neighboring properties, to provide
pervious surface within parking areas, to define areas by use, to
enhance site appearance, and to enhance the site environmentally.
F.
Utility areas.
(1)
General.
(a)
Utilities shall generally be located within the right-of-way
on both sides of and parallel to the street.
(b)
Utility areas shall be planted with grass or ground cover or
treated with other suitable cover material.
(c)
A minimum easement of 10 feet shall be required for all utility
areas. Additional width may be required by the Director of Public
Works where necessary.
(d)
A utility and drainage easement area sufficient in width to
provide for a channel or utilities (storm drain, water, sanitary sewer,
etc.) to adequately dispose of surface drainage water shall be required
where determined necessary by the Director of Public Works.
(2)
Underground wiring.
(a)
All electric, telephone, television and other communications
lines, both main and service connections, servicing new developments
shall be provided by underground wiring within easements or dedicated
public rights-of-way, installed in accordance with the prevailing
standards and practices of the utility, as well as standards required
by the Department of Public Works.
(b)
Lots that abut existing easements or public rights-of-way where
overhead electric or telephone distribution supply lines and service
connections have previously been installed may be supplied with electric
and telephone service from those overhead lines, but the service connections
from the utility's overhead lines shall be installed underground.
In the case of existing overhead utilities, should a road widening
or an extension of service or other such condition occur as a result
of the subdivision and necessitate the replacement or relocation of
such utilities, such replacement or relocation shall be underground.
(c)
Where overhead lines are permitted as the exception, the placement
and alignment of poles shall be designed to lessen the visual impact
of overhead lines. Alignments and pole locations shall be carefully
routed to avoid locations along horizons; clearing swaths through
treed areas shall be avoided by selective cutting and a staggered
alignment; trees shall be planted in open areas and at key locations
to minimize the view of the poles and the alignments; and alignments
shall follow rear lot lines and other alignments.
(d)
Year-round screening of any utility apparatus appearing above
the surface of the ground, other than utility poles, shall be required
unless the applicant demonstrates that such screening would unduly
encumber the apparatus.
(3)
Lighting.
[Amended 4-3-2017 by Ord.
No. 780-17]
(a)
A lighting plan shall be provided at the time of preliminary
plat submission, in accordance with a plan designed by the utility
company or using, as a guideline, the standards set forth by the Illuminating
Engineering Society Lighting Handbook.
(b)
The height and shielding of lighting standards shall provide
proper lighting without hazard to drivers or nuisance to residents,
and the design of lighting standards shall be of a type appropriate
to the development and the municipality.
(c)
Spotlights, if used, shall be placed so as not to create a hazard
or negative impact on nearby residents or motorists.
(d)
The final lighting plan for a project shall specify proposed
type, style, size and location. The plan shall be submitted to the
Director of Public Works for final approval.
G.
Signs.
(1)
Design and placement of traffic signs shall follow state regulations or the requirements specified in the Manual of Uniform Traffic Control Devices for Streets and Highways, published by the United States Department of Transportation, as well as Article XV of the Town of Bel Air Development Regulations.
(2)
At least two street name signs shall be placed at each four-way
street intersection and one at each T-intersection. Signs shall be
installed free of visual obstruction. The design of street name signs
shall be consistent, of a style appropriate to the community, and
of a uniform size and color.
A.
Water supply.
(1)
General.
(a)
All improvements shall be properly connected with an approved
and functioning public community water system.
(b)
No proposals for new public community water supplies or extensions
to existing public and quasi-public water systems shall be constructed
until such proposals have been reviewed, evaluated and approved by
the Director of Public Works.
(2)
Capacity.
(a)
The water supply system shall be adequate to handle the necessary
flow based on complete development.
(b)
The demand rates for all uses shall be considered in computing
the total system demand. Where fire protection is provided, the system
shall be capable of providing the required fire demand plus the required
domestic demand.
(c)
Average daily demand can be computed in accordance with the
Maryland Department of the Environment 2006 guidance document titled
"Water Supply Capacity Management Plans."
(d)
Fire protection shall be furnished for any development connected
to the municipal water supply system, and minimum fire flows shall
be in accordance with the State of Maryland Fire Prevention Code and
the Harford County Water and Sewer Design Guidelines.
(e)
The water system shall be designed to carry peak-hour flows
and be capable of delivering the peak-hour demands.
(3)
System design and placement. System design and placement shall
comply with the construction specifications set forth in the Harford
County Water and Sewer Design Guidelines.
(4)
Fire hydrants.
(a)
Hydrants shall be spaced to provide necessary fire flow. Needed
Fire Flow (NFF) requirements shall be determined based on Insurance
Services Office (ISO) standards, which range between 500 gpm and 3,500
gpm, depending on building use and distance between buildings. The
average area per hydrant shall not exceed 120,000 square feet. In
addition, hydrants shall be spaced so that each residence shall be
within 600 feet of a hydrant. Final hydrant locations shall be approved
by the Chief of the Bel Air Volunteer Fire Company.
[Amended 11-25-2011 by Ord. No. 744-11]
(b)
A hydrant shall be located at all low points and at all high
points, with adequate means of drainage provided.
(c)
Hydrants shall be located at the ends of lines, and valves of
full-line size shall be provided after hydrant tees at the ends of
all dead lines that may be extended in the future.
(d)
Size, type and installation of hydrants shall conform to the
specifications set forth in the Harford County Specifications and
Standards for Water and Sewer Mains.
B.
Sanitary sewers.
(1)
General.
(a)
All installations shall be properly connected to an approved
and functioning sanitary sewer system prior to the issuance of a certificate
of occupancy.
(b)
No proposals for new public sanitary sewer systems or extensions
to existing public sewer systems shall be constructed until such proposals
have been reviewed, evaluated and approved by the Director of Public
Works.
(2)
System design and placement.
(a)
The sanitary sewer system shall be adequate to handle the necessary flow based on complete development. If the projected sewage flow from the development causes any section of the existing downstream sanitary sewer system to be over capacity, the affected section shall be upsized in accordance with Town Code Chapter 265, Impact Fees.
(b)
Average daily residential sewer flow data shall be calculated
and submitted for review and verification by the Department of Public
Works.
(c)
System design and placement shall comply with the specifications
set forth in the Harford County Standards and Specifications for Water
and Sewer Mains.
C.
Stormwater management.
(1)
General.
(a)
Design of the stormwater management system shall be consistent with general and specific concerns, values, and standards of the Town of Bel Air Comprehensive Plan, the Town's stormwater management requirements as outlined in Chapter 405 of the Bel Air Town Code, and applicable state storm drainage control programs. Design shall be based on environmentally sound site planning and engineering techniques and shall be in accordance with the Town Standard Specifications and Details.
(b)
The goal is to manage stormwater by using environmental site
design (ESD) to the maximum extent practicable (MEP) to maintain,
after development, as nearly as possible, the predevelopment runoff
characteristics and to reduce stream channel erosion, pollution, siltation
and sedimentation and local flooding and use appropriate structural
best management practices (BMPs) only when necessary.
(c)
Stormwater management facilities (dry/wet ponds, infiltration
trenches, water quality inlets, underground storage facilities, etc.)
shall be owned and maintained by the developer/homeowners' association/condominium
association, not the Town. The Town will inspect these facilities
from time to time and provide the developer/homeowners' association/condominium
association with the results and any necessary actions required.
(d)
Any dry or wet stormwater management pond located in the front
yard setback in any residential district or commercial/industrial
district adjoining a residential district must be approved by the
Director of Public Works.
[Amended 6-5-2023 by Ord. No. 812-23]
D.
Improvement guarantees.
(1)
Purpose. Improvement guarantees shall be provided to ensure
the proper installation and maintenance of required street, utility,
landscape and other public improvements. The nature and duration of
the guarantee shall be structured to achieve this goal without adding
unnecessary costs to the developer.
(2)
Application.
(a)
Before the recording of final subdivision plats, or as a condition
of final site plan approval, the developer shall post a bond or letter
of credit acceptable to the Town for requisite public improvements.
The performance guarantee shall meet the following standards:
[1]
The furnishing of payment and performance bonds or other forms
of security acceptable to the Town (i.e., letter of credit), in an
amount not to exceed 100% of the cost of installation for public improvements.
[2]
Provision for a maintenance guarantee for a period of one year
(In certain circumstances, a maintenance period exceeding one year
may be required, at the discretion of the Director of Public Works.)
after final acceptance of the improvement, in an amount not to exceed
15% of the cost of the improvement. In the event that other governmental
agencies or public utilities automatically will own utilities to be
installed, or the improvements are covered by a performance or maintenance
guarantee to another governmental agency, the performance or maintenance
guarantee, as the case may be, may be waived by the Board of Town
Commissioners for such utilities or improvements.
(b)
The time allowed for installation of the improvements for which
the performance guarantee has been provided may be extended by the
Board of Town Commissioners by resolution.
(c)
Upon substantial completion of all required improvements, the
developer may notify the Director of Public Works, in writing, by
certified mail, of the completion or substantial completion of improvements.
The Director of Public Works shall inspect all improvements of which
such notice has been given and shall approve, partially approve, or
reject the improvements and shall notify the developer, in writing,
by certified mail, of the contents of the report and the action not
later than 90 days after receipt of the notice from the developer
of the completion of all improvements.
(d)
Where partial approval is granted, the developer shall be released
from all liability, except for that portion of improvements not yet
approved.
(e)
Should the developer fail to complete the improvements, the
Town may use the guarantee to complete the improvements.
(3)
Performance and maintenance mechanisms. Performance and maintenance
guarantees shall be provided by a variety of means as approved by
the Director of Public Works, including, but not limited to, the following:
(a)
Security bond. The applicant may obtain a security bond from
a surety bonding company authorized to do business in the state.
(b)
Letter of credit. The applicant may provide an irrevocable letter
of credit from a bank or other reputable institution.
(c)
Escrow account. The applicant shall deposit cash, or other instruments
readily convertible into cash at face value, either with the municipality
or in escrow with a bank.
