A.
For the purposes of this chapter, words and terms used herein shall be interpreted as listed in § 335-17 of this chapter.
B.
If a word is not defined by this chapter but is defined by Chapter 405, Zoning, of this Code, as amended, the definition in Chapter 405, Zoning, shall apply. If a word is not defined by this chapter but is defined by the Washington County Stormwater Ordinance, then the Stormwater Ordinance shall apply.
C.
The word "includes" shall mean to specifically include an item but
not necessarily be limited to such item.
D.
Any word or term not defined in this chapter or Chapter 405, Zoning, or the Stormwater Ordinance shall have its plain and ordinary meaning as determined by the Development Coordinator or designee within the context of the word's use within the applicable section of this chapter. A standard reference dictionary may be consulted.
When used in this chapter, the following words, terms and phrases
shall have the following meanings, unless expressly stated otherwise
or unless the context clearly indicates otherwise:
The Adequate Public Facility Ordinance adopted by the Town
Council, with any subsequent revisions.[1]
A landowner or developer who has filed an application for
a subdivision or land development, including his/her heirs, successors
or assignees.
A tract of land or a lot or group of lots, bound by streets,
public parks, railroad rights-of-way, watercourses or bodies of water,
boundary lines of the Town or by any combination of the above.
The line beyond which a building shall not extend in either a front, side or rear direction as determined by requirements of Chapter 405, Zoning, of this Code, County Health and Human Services Department regulations, or the County Highway Plan. In the case of conflict among the requirements, the most restrictive shall apply.
The paved portion of a street or highway designed for vehicular
traffic and paved areas intended for on-street parking.
The Planning Commission of the Town of Smithsburg.
Calendar days.
The deliberate setting aside of land by the owner for any
general and public uses, reserving to himself no other rights than
such are compatible with the full exercise and enjoyment of the public
uses to which the property has been devoted.
Any landowner, agent of such landowner or tenant with permission
from a landowner who makes or causes to be made a subdivision of land
or land development.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or structures, street and other
paving, utilities, mining, dredging, filling, grading, excavation
or drilling operations and the subdivision of land, as well as sewage
disposal systems and water supply systems.
A building or portion thereof arranged or designated to provide
one or more dwelling units.
DWELLING UNITA dwelling or portion thereof providing complete living facilities for one family; provided, however, that this term shall not be deemed to include rooming houses, boardinghouses, or lodging houses or hotels, motels, tourists homes or other similar places offering overnight accommodations for transients.
SINGLE-FAMILY DETACHED DWELLINGA building, commonly known as a "single-family house," designed for and occupied exclusively as a residence having one dwelling unit from the ground to roof and open space on all sides; where a private garage is structurally attached to such a dwelling, it shall be considered as part thereof.
TWO-FAMILY DETACHED (DUPLEX) DWELLINGA single building containing two dwelling units separated by a party wall and intended and designed to be occupied as a residence by two families living independently of each other as separate housekeeping units.
SINGLE-FAMILY ATTACHED (TOWNHOUSE) DWELLINGA portion of a building designed for and occupied exclusively as a residence for only one family and having:
MULTIFAMILY (APARTMENT) DWELLINGA building containing one dwelling unit above another dwelling unit or a building containing three or more dwelling units and designed to be occupied by three or more families living independently of one another.
A grant by the property owner to the public, a corporation,
a person, group of persons or another tract of land of a use of land
for specified purposes.
The registered professional engineer designated by Town Council
to perform all duties required of the Town Engineer by the provisions
of this chapter.
The floodplain as delineated in the Flood Insurance Study
(FIS) prepared by the Department of Housing and Urban Development/Federal
Insurance Administration (HUD/FIA) showing areas subject to inundation
by waters of the one-hundred-year flood.
An agreement in a form and manner acceptable to the Town
requiring a developer to install the improvements required by this
chapter or which appear on the official approved plans.
The owner of a legal or equitable interest in land, including
the holder of a formal option or contract to purchase (whether or
not such option or contract is subject to any condition), a lessee
(if he is authorized under the lease to exercise the right of the
landowner), or other person having a substantial proprietary interest
in land.
A right-of-way other than a street which provides service
access for vehicles to the side or rear of abutting property.
A contiguous area of land within defined lot lines that is
a distinct and legally recorded separate parcel of land according
to the official records of the County Recorder of Deeds.
The revision or deletion of one or more lot lines in such
a way that all of the following are true:
No additional lot(s) will be created beyond what was previously
approved;
No additional street segments or significant changes in alignment
are proposed other than what was previously approved;
No additional new nonconformities will be created under Chapter 405, Zoning; and
No new land development will be considered other than land development
that was previously approved or buildings to support crop farming.
A lot that abuts a public street on one side of the lot but
has vehicular access only from a public street on the opposite side
of the lot.
An agreement, in a form and manner acceptable to Town Council,
requiring the developer of required improvements to make any repairs
or reconstructions and to maintain such improvements for a certain
period.
Financial which is acceptable to the Town to secure the
promise made by a developer in the maintenance agreement that required
improvements shall be maintained by the developer. (Note: These guarantees
typically include acceptable letters of credit, performance bonds,
escrow agreements, and other similar collateral or surety agreements.)
The division of a lot, tract or parcel which does not qualify
as a minor subdivision.
The Maryland Department of the Environment or its applicable
successor agencies.
A proposal involving land, other than a land development,
which is either:
The Land Use Article of the Annotated Code of Maryland, and
as may further be amended, or its successor legislation.
A flood that, on the average, is likely to occur every 100
years (such as that has a one-percent chance of occurring each year,
although the flood may occur in any year) or as defined in the Washington
County Floodplain Ordinance.
The area of a lot not occupied by principal or accessory
structures, streets, driveways, or parking areas, but may include
areas occupied by walkways, picnic pavilions, play equipment and other
areas occupied by noncommercial outdoor recreation facilities.
The definition in Chapter 405, Zoning, shall apply.
Common open space owned by a government agency or the Town
for public recreation.
The individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity having sufficient proprietary
interest in the land sought to be subdivided to commence and maintain
proceedings to subdivide the same under this chapter.
A polygonal-shaped lot with the appearance of a pan or flag
and staff in which the handle is most often used as the point of access
to a street or road. The handle, when less than the minimum width
for a building lot in the zoning district where it is to be located,
is not to be used in computing the minimum area required.
A tract, lot, or area of land.
Outdoor areas or specially designed buildings or garages
used for the storage of vehicles; unless otherwise stated, shall mean
off-street parking.
A pedestrian accessway which is not adjacent to a street
or access drive and conforms to this chapter.
The Planning Commission of the Town of Smithsburg, appointed
by the Mayor and Council pursuant to the Land Use Article of the Annotated
Code of Maryland.
A map, plan, chart or drawing indicating the subdivision
or resubdivision of land filed or intended to be filed for the record.
PRELIMINARY CONSULTATION PLANA preliminary sketch plan of the proposed plat showing the subdivider's desires in regard to the future development of land for informal consideration by the Planning Commission.
PRELIMINARY PLATA tentative map indicating the subdivision of land, prepared in accordance with the requirements of this chapter as a basis for consideration prior to the preparation of the final plat.
FINAL PLATThe final map or plan which legally describes the subdivision of land, containing a detailed plan of the property, giving all dimensions, angles and bearings, together with such information, statements and certificates as required by this chapter, presented to the Planning Commission for approval, and which, when approved, will be submitted to the Clerk of the Circuit Court for Washington County for recording.
A change in a plat of an approved or recorded subdivision
if such change affects any street layout, any lot line, or any area
reserved or dedicated to public use.
An easement or right of passage over privately owned lands.
A land area designated, dedicated, or reserved for use as
a highway, street, alley, or interior walk, or for a drainage channel
or other public purpose.
The Maryland State Highway Administration.
A public right-of-way intended for vehicular traffic, including
arterials, parkways, thoroughfares, collector streets, local streets,
culs-de-sac, marginal access streets, avenues, roads, lanes and other
public ways, with the exception of alleys and as now or hereafter
or otherwise designated.
The division of a lot, tract or parcel of land into two or
more lots, plats, sites, or other divisions of land for the purpose,
whether immediate or future, of sale or of building development. It
includes resubdivision and, when appropriate to the context, relates
to the process of resubdivision or to the land or territory subdivided,
as defined in the Land Use Article of the Annotated Code of Maryland,
as amended from time to time.
In the judgment of the Town Engineer, at least 90% (based
upon the cost of the required improvements for which financial was
posted) of those improvements required as a condition for final approval
have been completed in accordance with the approved plan, so that
the project will be able to be used, occupied or operated for its
intended use.
The Town of Smithsburg, Washington County, Maryland. Unless
otherwise stated, this shall mean Town Council and its authorized
agents.
The Mayor and Town Council of the Town of Smithsburg.
Service by a water system which transmits water from a common
source to more than one dwelling, principal use lot.
Any natural or artificial waterway, stream, river, creek,
ditch, channel, millrace, canal, conduit, gully, ravine or wash in
which water flows in a definite direction or course, either continuously
or intermittently, and which has a definite channel and bed and shall
include any area adjacent thereto subject to inundation by reason
of overflow of floodwaters.
Central water service that is owned and/or operated by a
municipal authority or a Maryland Public Service Commission regulated
water company and that serves more than 50 dwelling units or principal
uses.[3]
