A.
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein. Words
in the present tense include the future, the singular number includes
the plural, and the plural includes the singular. The word "shall"
is mandatory, and the word "may" is permissive. The words "used for"
shall include "arranged for," "designed for," "intended for," "maintained
for," "constructed for" or "occupied for." The word "individual" shall
mean a natural person, joint venture, joint-stock company, partnership,
limited partnership, limited-liability partnership, limited-liability
limited partnership, association, club, company, corporation, limited-liability
company, real estate investment trust, business trust or similar legal
entity or the manager, lessee, agent, servant, officer or employee
of any of them. The word "land" shall include water surface and land
under water. The term "chapter" shall refer to this chapter and all
subsequent additions or amendments thereto.
B.
A developer shall not avoid the intent of this chapter by submitting
piecemeal applications for preliminary plats or site plans. However,
a developer may seek approval of only a portion of the subdivision
or development, provided that the impact from all previously approved
preliminaries or site plans from that development shall be considered
during the adequate public facilities review of each subsequent portion
of the development.
As used in this chapter, the following terms shall have the
meanings indicated:
Those facilities relating to roads, sewage disposal systems,
schools, water supply and distribution systems, and interim fire-protection
systems meeting established minimum standards.
A parcel of land that has been determined by the Maryland
Department of Assessments and Taxation as having an agricultural use
assessment or a parcel of land that is primarily involved in a bona
fide and continuing agricultural activity, such as the raising of
farm products for use or sale, including animal or poultry husbandry,
and the growing of crops such as grain, vegetables, fruit, grass for
pasture or sod, trees, shrubs, flowers and similar products of the
soil.
The average annual impact of equated student enrollment changes during the preceding three years in the school attendance areas serving the proposed development as determined in § 300-21 with appropriate adjustments made in the determination by the Board of Education to eliminate student enrollment changes caused solely by school redistricting.
The legislative body of Washington County, Maryland.
The elected Board of Education of Washington County.
The Comprehensive Plan of the Town.
Washington County, Maryland.
The Washington County Health and Human Services Department.
Any individual commencing proceedings under this chapter
to effect a subdivision or development of land for himself or for
another.
A condition that exists when strict compliance with this
chapter would result in an unusually and extraordinarily severe financial
economic impact on the owner or developer.
Father, mother, stepfather, stepmother, son, daughter, brother,
sister, stepson, stepdaughter, or grandchild.
Storm sewers, sanitary sewers, water supply lines, roads,
curbs, gutters, gaslines, electricity lines, waterlines, septic tanks,
wells, walks, and other accessory works and appurtenances, dwellings,
farm buildings, and other principal or accessory structures.
A parcel of real property marked by the developer as a numbered,
lettered or otherwise identified tract to be utilized as a unit of
land intended for building development or a lot or parcel described
by metes and bounds, the description of which has been recorded among
the land records of Washington County, Maryland, after any necessary
subdivision approvals.
The division of a lot, tract or parcel into five or fewer
lots for the immediate or future transfer of property ownership.
Consists of new subdivisions and site plans for new construction
received for approval by the Planning Commission after the effective
date of this chapter. "New development" also consists of construction
activity requiring a building and/or zoning permit but does not consist
of construction activity for agricultural purposes, provided that,
after said development, the parcel does not lose the agricultural
use assessment classification as determined by the Department of Assessments
and Taxation.
A parcel of real estate unsubdivided as of the date of adoption
of this chapter.
The Town's Planning Commission.
A map, plan, chart or drawing indicating the subdivision
or resubdivision of land filed or intended to be filed for the record.
The residual portion or tract of land which remains after
lots or parcels have been subdivided from the original tract of land.
Any lot, building or portion thereof used exclusively for
dwelling units, including accessory uses, and other uses of a residential
nature for the individuals residing in said dwelling units.
A land area designated, dedicated, or reserved for use as
a highway, street, alley, interior walk, or for a drainage channel
or other public use.
A public right-of-way intended for vehicular traffic, including
freeways, expressways, arterials, parkways, thoroughfares, collector
streets, local streets, culs-de-sac, marginal access streets, avenues,
boulevards, lanes and other public ways, and as now or hereafter or
otherwise designated.
A map, plan, chart or drawing indicating the proposed subdivision
or resubdivision of land filed or intended to be filed with the Planning
Commission and where the intent of the subdivider is neither to develop
the land nor to divide land containing existing development.
A drawing that shows all of the existing conditions of a
specified area (the site) and all of the improvements and changes
proposed to be made on the site. A site plan is the drawing required
by the Zoning Ordinance for all new development and certain additions
and must contain all applicable information as specified in the Zoning
Ordinance.
Refers to the capacity of each school as determined by the
State of Maryland. Portable classrooms shall not be used in computing
the school capacity for the purposes of this chapter.
Chapter 335, Subdivision of Land, of this Code and all subsequent additions or amendments thereto.
The Maryland municipal corporation known as the "Town of
Smithsburg."
The duly designated Engineer of or for the Town.
Chapter 405, Zoning, of this Code and all subsequent additions or amendments thereto.
