[HISTORY: Adopted by the Mayor and Council of Pocomoke City 5-21-1990 by Ord. No. 309. Amendments noted where applicable.]
GENERAL REFERENCES
Planning and Zoning Commission — See Ch. 67.
Building construction — See Ch. 101.
Floodplain management — See Ch. 135.
Forest conservation — See Ch. 137.
Grading and sediment control — See Ch. 140.
Housing standards — See Ch. 146.
Sewers — See Ch. 192.
Stormwater management — See Ch. 198.
Water — See Ch. 226.
Zoning — See Ch. 230.
The rules and regulations governing subdivisions of land contained
herein shall apply within the corporate limits of Pocomoke City, Maryland,
and for a distance of one mile beyond such corporate limits in all
directions. If the County of Worcester should adopt regulations for
the control of subdivisions in any part of the unincorporated area
within one mile of the corporate limits of Pocomoke City, which regulations
are adopted under authority of Article 66B of the Annotated Code of
Maryland, 1957 edition, as amended, and the requirements of such regulations
should differ from those contained herein, then in each case the more
exacting requirements shall prevail. These regulations shall be in
addition to any others promulgated by law or by the State Board of
Health or other authority, and, in case of any conflict, the more
exacting requirements shall prevail.
For the purpose of these regulations, certain terms are defined
as follows:
A way which affords generally a secondary means of vehicular
access to abutting properties and not intended for general traffic
circulation.
A street which, in addition to providing access to properties
abutting thereon, is intended to collect traffic from, or distribute
it to, a series of minor streets within a neighborhood or subneighborhood.
A passageway for pedestrians and excluding motor vehicles
which cuts through a block.
A strip of land on which a limited right-of-way is provided
for one or more designated purposes, without including title to the
land.
A lot extending through the block from one street to another.
The official plan of major streets, highways, roads and other
ways adopted by the Pocomoke City Planning and Zoning Commission and
the Mayor and Council in accordance with Article 66B of the Annotated
Code of Maryland.
The officially adopted Master Plan for the physical development
of Pocomoke City or any part of such plan.
A street intended to serve and provide access exclusively
to the properties abutting thereon.
The Pocomoke City Planning and Zoning Commission.
The act of creating a subdivision, as herein defined, and
includes resubdivision.
[Amended 6-2-1997 by Ord.
No. 349]
The division of any tract or parcel of land into two or more
plots, parcels, lots or sites one or more of which does not have an
existing dwelling house located thereon, for the purpose, whether
immediate or in the future, of transfer of ownership or building development.
The original plot shall be considered as one of the plots, parcels,
lots or sites of the "subdivision."
[Amended 8-19-1996 by Ord. No. 340; 6-2-1997 by Ord. No. 349]
[Amended 8-19-1996 by Ord. No. 340; 12-9-1996 by Ord. No. 344]
A.
The subdivision of any tract, parcel, lot or site upon which more
than one dwelling house was made on the effective date of this Ordinance
(January 23, 1967), into as many separate lots as there were on such
date existing dwelling houses, shall not require compliance with this
chapter except that a final subdivision plat shall be prepared and
submitted to the Planning and Zoning Commission for approval which
meets the following criteria.
(2)
Each lot of the proposed subdivision shall have located thereon an
existing dwelling house and the division lines for the new lots shall
be, as far as practicable, located equal distance between each existing
dwelling house, creating lots approximately equal in area.
(3)
Variance for lot size, street frontage, or side, back or front yard
setback minimum distances shall not be required.
(4)
Each lot of the proposed subdivision shall have frontage on a City
street approximately equal to that of the other lots being created.
(5)
The fee required for submission of a subdivision plat pursuant to this § 205-3A shall be one-half the amount set for either a major or minor subdivision application pursuant to the fee schedule.
(6)
No future development or redevelopment may be approved on any of
the lots unless the requirements of the Zoning Regulations are complied
with except that if a dwelling house or accessory structure is destroyed
by fire or natural disaster, the structure so destroyed may be replaced
within one year of its destruction with a dwelling or accessory structure
of like size and area, subject to compliance with current building,
plumbing and electrical codes.
B.
Subdivider must prepare and record plat. From and after the adoption
of these regulations, any owner or proprietor of any tract of land
located in the territory to which these regulations may apply who
subdivides the same shall cause a plat of such subdivision to be made
in accordance with the regulations set forth herein and in §§ 5.01
through 5.07 of Article 66B of the Annotated Code of Mary land and,
after having secured the approval thereof by the Planning and Zoning
Commission as provided herein, shall cause a copy of said plat to
be recorded in the office of the County Recorder.
[Amended 6-2-1997 by Ord.
No. 349]
C.
Approval of plat required. No plat of any subdivision shall be recorded
until it shall have been submitted to and approved by the Planning
and Zoning Commission as provided herein. The Planning and Zoning
Commission shall not approve said plat unless it is satisfied that
the requirements of these regulations have been complied with. The
final plat shall be recorded within six months of the day the said
plat is approved. If the plat is not recorded within such time period
the subdivision approval shall be void and the owner or proprietor
shall reapply for subdivision plat approval and comply with this chapter
before undertaking the sale, transfer or development of less than
all of the tract or parcel of land.
D.
Transfer of land; building permits. No land in a subdivision created
after the adoption of these regulations shall be transferred, sold
or offered for sale, nor shall a building permit be issued for a structure
thereon, until a final plat of such subdivision shall have been recorded
in accordance with regulations and the provisions of the state code.
E.
The Worcester County Critical Area Plan shall apply to all subdivisions
under this chapter of the area north of State Route 756, east of U.S.
Route 13 Bypass annexed by Resolution No. 270 except those excepted
activities as set forth in the Worcester County Critical Area Plan
of Worcester County, Maryland.
F.
The Worcester County Forest Conservation Law shall apply to all subdivisions
under this chapter of areas of 40,000 square feet or greater, except
those excepted activities as set forth in the Code of Public Local
Laws of Worcester County, Maryland, in the Natural Resources Article,
§ NR 1-403(b).
[Added 1-8-1996 by Ord.
No. 336]
G.
Penalties. Any violation of these regulations shall be a municipal
infraction and shall be subject to a fine as set forth in the Fees,
Charges and Rates Schedule, adopted by resolution of the City Council
from time to time.[1]
[Amended 6-2-1997 by Ord.
No. 349]
[1]
Editor's Note: The current Fees, Charges and Rates Schedule
is on file in the City Clerk's office.
In planning and developing a subdivision, the subdivider or his or her agent shall comply with the general principles of design and minimum requirements for the layout of subdivisions set forth in § 205-9 and with the rules and regulations concerning required improvements set forth in § 205-6 of these regulations, and in every case he or she shall observe the following procedure:
A.
Preliminary conference. Before undertaking the preparation of a subdivision
plat, the subdivider or his or her engineer should consult with the
Planning and Zoning Commission or its agent to ascertain the location
of proposed major roads or highways, parkways, parks, playgrounds,
land use and other planned developments, as well as the zoning, sanitation
and other regulations and the requirements for drainage and utilities
relating to, affecting or applying to the subdivision of his or her
property. The subdivider should bring with him or her a sketch of
his or her property, to approximate scale, showing the boundaries,
general topography, important physical features and other significant
information, as well as his or her conception or proposed scheme for
the development of the property. The Planning and Zoning Commission
or its agent will try to assist the subdivider by furnishing information
and advice so as to expedite matters for the subdivider, save him
or her from unnecessary expense and promote the best coordination
between the plans of the subdivider and those of the community. The
Planning and Zoning Commission, however, will not undertake to design
the subdivision or to perform other services for which a qualified
land planner should more properly be engaged.
B.
Preliminary plat.
(1)
The subdivider shall then prepare a preliminary plat of the proposed subdivision conforming with the requirements set forth in § 205-5 following. At least two weeks prior to a regularly scheduled meeting of the Planning and Zoning Commission at which action on such plat is desired, three black-line or similar prints of the plat shall be filed with the Secretary of the Planning and Zoning Commission, together with an application, in writing, for its tentative approval. In case the proposed subdivision or any part thereof is located outside the corporate limits but within one mile thereof, additional copies of the preliminary plat sufficient to meet the requirements, if any, of Worcester County shall be filed at the same time. The Secretary of the Planning and Zoning Commission shall transmit these copies to the county authorities for their information and appropriate action.
(2)
The preliminary plat will be checked by the Planning and Zoning Commission or its agent as to its conformity with the Major Street Plan and other pertinent features of the Master Plan, other applicable provisions and the principles, standards and requirements hereinafter set forth. Copies will be referred for their recommendation or other appropriate action to all other officials concerned with public improvements or health requirements. At the Planning and Zoning Commission meeting, the Planning and Zoning Commission's agent shall submit his or her findings and recommendations, together with those of the other officials to whom copies were referred, and the Planning and Zoning Commission will tentatively approve or disapprove the preliminary plat or may approve it subject to specific changes or modifications. A copy shall be retained in the Planning and Zoning Commission files. Tentative approval of a preliminary plat shall be valid for not more than one year, unless extended by the Planning and Zoning Commission upon request. No plat shall be approved that is in conflict with Chapter 230, Zoning, or with any part of an officially adopted feature of the Master Plan.
C.
Improvement plans.
(1)
Upon tentative approval of the preliminary plat, the subdivider may prepare and submit to the Planning and Zoning Commission plans for the installation of improvements in accordance with the requirements of § 205-6 of these regulations. Such plans shall be sufficient to show the proposed location, size, type, grade, elevation and other significant characteristics of each improvement. All such improvements shall be designed in compliance with and to the standards, plans and specifications set forth in these regulations. Copies of such improvement plans will be referred by the Planning and Zoning Commission to the appropriate officials for checking and approval, subject to such changes or conditions as in their judgment may be required. Said plans shall then be returned to the Planning and Zoning Commission, which shall notify the subdivider of such approval. Plans for the installation of improvements need not be prepared at any one time to cover more than the portion of the subdivision which is to be included in a final plat.
(2)
Upon being notified that the improvement plans have been approved,
the subdivider may proceed with the installation of such improvements
after obtaining from the appropriate officials the necessary permits
to do so, or, in lieu of proceeding with improvements, he or she may
post with the Council a performance bond running to the City, in an
amount sufficient to cover the cost of any or all of the improvements
as estimated by the appropriate officials, to insure the actual construction
and installation of such improvements within a time limit and according
to other requirements to be specified in each case by said Council.
D.
Final plat.
(1)
Options relative to required improvements. The following options
shall apply relative to required improvements:
(a)
If the subdivider proceeds with the installation of required
improvements, then, upon receipt of a report from each of the appropriate
officials that such improvements have been completed to his or her
satisfaction, the Planning and Zoning Commission will recommend to
the Council that it accept the roads and other improvements, and the
Planning and Zoning Commission will consider an application for approval
of the final plat; or
(b)
If the subdivider follows the alternative procedure of posting
bond as provided above and installing the improvements later, then
the Planning and Zoning Commission will receive and consider the final
plat before completion of the improvements.
(2)
A final plat may include all of the property covered by the preliminary plat or may be limited to any portion thereof that is intended to be developed as a first unit. Additional final plats may be submitted later, covering additional units of the property, provided that the preliminary plat is still valid or its approval has been extended. Every final plat shall be substantially in accordance with the tentatively approved preliminary plat, including such changes or additions as may have been required by the Commission as a condition to its tentative approval, and it shall conform in every respect with the requirements specified in § 205-7 of these regulations.
(3)
The subdivider shall file with the Planning and Zoning Commission, at least two weeks prior to its meeting, a final plat drawn with ink on tracing cloth or vellum, together with an application, in writing, for the approval thereof. The plat shall be checked by the Commission for compliance with these regulations and with the conditions of tentative approval, and the Commission will have the necessary copies made as required in Subsection E.
E.
Approval of final plat.
(1)
Upon a finding by the Planning and Zoning Commission as to the adequacy
and compliance of the final plat and its receipt of reports from the
responsible officials as to the satisfactory installation of required
improvements or the posting of bond therefor, the Planning and Zoning
Commission may approve said final plat and shall endorse the fact
of such approval on each of the several prints by the signature of
its Chair and Secretary in the spaces to be provided therefor. No
final plat shall be approved, however, unless it is found by the Commission
to conform to the preliminary plat as tentatively approved and to
be in conformity otherwise with the requirements of these regulations.
The Secretary of the Planning and Zoning Commission shall then file
two cloth prints for record with the Clerk of the Circuit Court of
Worcester County and shall distribute other prints as follows: one
to the Supervisor of Assessments; one to the County Health Department,
if required; and one to the Planning and Zoning Commission files.
One signed copy shall be returned to the subdivider.
(2)
Approval of the final plat by the Planning and Zoning Commission
shall not be deemed to constitute or effect an acceptance by the public
of the dedication of any street or other proposed public way or space
shown on said plat, but the showing of such ways or spaces shall be
deemed to be an offer of dedication which may be accepted by the public
through any subsequent appropriate act.
F.
A fee, in the amount as shall be determined by the Council by resolution,[1] shall be collected at the time of filing each preliminary
plat to compensate the City in part for the cost of investigating,
reviewing and checking the several plans and plats required herein,
plus the cost of necessary prints. The recording fees and the cost
of necessary prints of the final plat shall be collected at the time
such plat is filed with the Planning and Zoning Commission.
[1]
Editor's Note: The current Fees, Charges and Rates Schedule
is on file in the City Clerk's office.
The preliminary plat of the proposed subdivision shall comply
with the following requirements and contain the following information:
A.
General style and form.
(1)
It shall provide all the pertinent information as to existing site
conditions, property ownership and the like that may be necessary
for the Planning and Zoning Commission to properly consider the proposed
subdivision. This information shall be accurate and reliable.
(2)
It shall show the general plan of ultimate development for the property,
covering the entire tract of land or so much of it as may be considered
to be necessary for an adequate consideration of the part to be subdivided.
This information should be in preliminary form, drawn to scale, but
not engineered or surveyed.
(3)
It may be drawn in pencil, on tracing paper, but shall not be at
a scale smaller than one inch per 100 feet.
B.
Title information:
(1)
Proposed subdivision name, which shall not duplicate or closely approximate
the name of any other subdivision in Worcester County.
(2)
Names and addresses of owner, subdivider or developer and the design
surveyor or engineer.
(3)
Description of subdivision location by streets, tract, political
subdivision, etc.
(4)
Scale, North point and date.
C.
Information as to existing physical conditions:
(1)
Boundaries of the land being subdivided, in heavy outline, and the
acreage therein.
(2)
Topographic contours, referenced to United States Coast and Geodetic
Survey datum, at five-foot intervals, except where the average slope
is less than 3%, in which case two-foot contours will be required.
Contours shall extend 100 feet beyond the subdivision boundary, except
across a public road.
(3)
Watercourses, important trees, wooded areas, buildings, transmission
lines, pipelines, other utilities, bridges and any other significant
physical items, with the sizes and grades of any water- or sewer lines.
(4)
Locations, widths and names of all existing streets, alleys or other
public ways within or adjoining the subdivision or intersecting any
street that bounds it; those recorded but unimproved (shown by dotted
lines); railroad, utility or other rights-of-way or easements; parks
and other public spaces; subdivisions, lots and property lines; municipal
corporation lines; and the approximate locations and outlines of permanent
buildings.
(5)
Existing zoning of the tract and adjacent properties.
(6)
Information as to the minimum permissible lot sizes on the land in
question, to be obtained from the County Health Officer where sanitary
sewers or public water facilities are not to be provided.
(7)
All existing tract lines with appropriate land record references.
D.
Information as to proposed development:
(1)
Layout, widths and names of proposed streets, alleys, crosswalkways
and easements.
(2)
Layout, numbering and approximate dimensions of proposed lots or
parcels.
(3)
Parcels of land intended to be conveyed or temporarily reserved for
public use or for the joint use of property owners, with an explanation
of the provision or conditions of such conveyance or reservation and
the proposed arrangement for ownership and maintenance.
(4)
Tentative grade on each street.
(5)
Tentative locations for utilities and drainage facilities, with easements
where necessary.
(6)
Proposed building lines along all streets, with the amount of setback
indicated.
(7)
Proposed uses of property and any proposed zoning changes.
(8)
Outline of proposed deed restrictions.
A.
Improvements required. The minimum improvements that a subdivider
will be required to provide and install in a subdivision, or to enter
into agreement to provide and install, prior to the approval of the
final plat thereof, shall be as prescribed in this section. All such
improvements shall be designed by a licensed architect or engineer
in accordance with accepted standard procedures and practices. Nothing,
however, shall be construed as prohibiting a subdivider from installing
improvements of a higher type than the minimums required herein. The
following shall apply to the completion of improvements:
[Amended 6-2-1997 by Ord.
No. 349]
(1)
The required improvements shall be completed, inspected and accepted
by the proper authorities prior to the approval by the Planning and
Zoning Commission of the final plat and its recording; or
(2)
In lieu of completing the improvements as required in Subsection A(1) above, the subdivider may furnish to the Council a satisfactory bond in an amount sufficient to cover the estimated cost of such improvements for the purpose of guaranteeing to the City that the subdivider will complete the installation of the improvements within such reasonable limit of time as may be designated by the Council in each case.
B.
Minimum requirements.
(1)
Streets. All new streets shall be graded and drained, base material
applied, curb and gutter constructed where required, surfacing applied,
utilities installed and street name signs erected, all in accordance
with the minimum standards of design and construction adopted by the
City or county for acceptance into the appropriate system of public
streets or roads. Existing roads or streets within or adjoining the
subdivision that do not meet these specifications as to width or construction
shall be widened and brought up to standard on the sides which adjoin
the subdivision if any lots in the subdivision front thereon, or a
service road may be provided along the front of such lots, separated
from the main road.
(2)
Pavement widths. The minimum width of pavement required to be installed
at the subdivider's expense shall be as follows:
(a)
Major streets and highways, as shown on the official Major Street
Plan, and collector streets: 36 feet in residential areas, 40 feet
in business or industrial.
(b)
Minor streets: 26 feet in residential areas, 40 feet in business
or industrial.
(c)
Local access and service roads: 26 feet.
(d)
Turning circles: minimum outside diameter of 80 feet.
(3)
Shoulders. Stabilized shoulders at least three feet in width shall
be provided on both sides of the pavement, except for one side in
the case of service roads and except where standard curbs are installed.
(4)
Curbs and gutters and sidewalks. These shall be provided in residential
subdivisions and in front of all business lots. The face of curb shall
be located on the line of the outside edge of the required pavement.
Minimum width of sidewalks is four feet unless matching up to existing.
(5)
Drains. In the absence of curb and gutter, a stabilized drainageway
shall be provided outside the shoulder, conforming to the standards
of cross section and construction adopted by the City.
(6)
Water facilities. Every subdivision shall be provided with a standard
water distribution system, including a connection for each lot and
appropriately spaced fire hydrants, which system shall conform to
the general water system plan and standards of the municipality and
shall become a part thereof; provided, however, that in locations
within the municipality that cannot be reached by the municipal water
system at a reasonable cost, the Mayor and Council may approve the
installation of a self-contained system acceptable to the appropriate
health authorities on condition that it shall be designed in accordance
with City standards and shall be connected to the municipal system
as soon as practicable. Every such installation shall be given to
and operated by the City as though it were a part of the general system.
(7)
Sewer facilities. Every subdivision shall be provided with a sanitary
sewer system connected to the municipal system and becoming a part
thereof. Every such installation shall be designed in accordance with
the general sewer system plan and standards of the municipality.
(8)
Drainage. Every subdivision shall be provided with storm drains,
culverts, curb and gutters, drainageways or other works adequate to
collect and dispose of all water originating on or flowing across
the property without inundating or damaging roads, lots or other properties.
The drainage works must be in conformance with state, county and City
ordinances.
(9)
Street signs. Name signs of an approved design shall be erected at
each new street intersection.
(10)
Monuments. Permanent monuments shall be set by the surveyor,
as required for markers in § 3-108 of the Real Property
Article of the Annotated Code of Maryland. Iron pipes shall be set
along the property lines of all streets at points of intersection,
curvature or tangency and at such points along the subdivision boundaries
as may be necessary to identify their locations. All monuments shall
be located and identified upon the final plat.
[Amended 6-2-1997 by Ord.
No. 349]
C.
Improvements plans. Plans for the foregoing improvements shall be prepared for approval by the appropriate public authorities, as provided in § 205-4, prior to construction. Such plans need not be detailed construction plans but shall be sufficient to show the proposed locations, sizes, types, grades and general design features of each facility, including the following:
(1)
Profile of each street center line, with grades (including projections
beyond the subdivision boundaries where significant), and showing
water- and sewer lines, manholes, culverts, streams, etc. The scale
shall be one inch to 100 feet or less horizontal and one inch to 10
feet or less vertical.
(2)
Typical street cross sections for all streets, at a scale not smaller
than one inch to five feet, showing width of roadway, type of paving,
locations and widths of curbs, sidewalks, trees, utilities, etc. Where
considerable cuts or fills are required, special cross sections shall
be prepared to show proposed grading, and their locations shall be
shown on the plan. A grading plan showing existing and proposed contours
may be furnished in lieu of cross sections.
(3)
Locations, plans and profiles for proposed sanitary and storm sewers
or drains, with grades and pipe sizes indicated.
(4)
Location plan of proposed water distribution system, showing pipe
sizes and locations for valves and fire hydrants.
D.
Inspection and acceptance. All construction work on improvements
required herein shall be subject to inspection during and upon completion
of construction by authorized engineering representatives of the City
or other agency having jurisdiction and to approval and acceptance
by such representatives on behalf of the City or other agency, if
found to be in accordance with the approved plans. No final plat shall
be approved or recorded until all required improvements shall have
been satisfactorily completed and accepted in compliance herewith
or satisfactory bond posted, and no such bond shall be released until
all improvements secured by such bond shall have been completed and
accepted in compliance herewith.
The final plat of the subdivision shall comply with the following
requirements and contain the following information:
A.
General style and form.
(1)
It shall be legibly and accurately drawn on tracing cloth, in sheets
15 inches by 21 inches in size, and at a scale of one inch to 50 feet
or one inch to 100 feet, depending upon the size and nature of the
subdivision.
(2)
It shall conform in all respects to the requirements of §§ 3-108
and 3-304 of the Real Property Article of the Annotated Code of Maryland,
which relate to the making, filing and recording of plats.
[Amended 6-2-1997 by Ord.
No. 349]
C.
Graphic information:
(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 of not
to exceed one in 10,000.
(2)
Bearings and distances to the nearest recorded property corners or
other monuments, which shall be located or accurately described on
the plat.
(3)
The accurate locations and descriptions of all permanent monuments.
(4)
Names and locations of adjoining subdivisions or the location and
ownership of adjoining unsubdivided property and existing tract lines,
with appropriate land record references.
(5)
Exact location, 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 easements or 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 the same length.
(8)
Building setback lines drawn to scale and dimensioned to street lines.
(9)
Blocks 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 other purpose except sale, with the purpose indicated.
(11)
Accurate location of any municipal or district line traversing
or closely related to the tract.
(12)
Existing and relocated courses of any watercourses traversing
the tract, with the right-of-way or easement lines provided therefor.
D.
Certificates and other information:
(1)
Owner's certificate, signed and notarized, acknowledging ownership
of the property and agreeing to the subdividing thereof as shown on
the plat and also offering for dedication all streets and other ways
and places intended for public use.
(2)
Certificate of the engineer or surveyor to the effect that the plat
represents a survey made by him or her, that it is accurate to the
best of his or her knowledge, that all 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 applying to the plat, among
which shall be included the following:
(a)
That not more than one principal building shall be permitted
on any residential lot, and no such lot may ever be resubdivided so
as to product a building site of less area or width than the minimum
required by the applicable zoning regulations.
(4)
Certificate of approval by the Pocomoke City Planning and Zoning
Commission.
A.
The general principles and standards of subdivision design stipulated in § 205-9 may be varied by the Planning and Zoning Commission in the case of a subdivision large enough to constitute a more or less self-contained community to be developed in accordance with a Comprehensive Plan safeguarded by appropriate restrictions which, in the judgment of the Planning and Zoning Commission, make adequate provision for all essential community requirements or in the case of unusual conditions; provided, however, that no modification shall be granted which would conflict with the proposals of the Major Street Plan or of any other part of the Master Plan or with the intent and purpose of these regulations.
B.
In the case of a small subdivision of minor importance situated where the controlling conditions are well defined, the Planning and Zoning Commission may exempt the subdivider from complying with some of the requirements stipulated in § 205-5 pertaining to the preparation of a preliminary plat.
C.
In the case of a subdivision established by a plat duly recorded
with the Clerk of the Circuit Court for Worcester County prior to
January 23, 1967, the Planning and Zoning Commission shall, upon the
request for a resubdivision thereof, recommend to the Council the
waiver of such requirements of this chapter as it shall deem appropriate,
if any, upon such terms and conditions as it shall see fit to impose.
Upon receipt of any recommendations of the Planning and Zoning Commission
on any proposed waiver of subdivision regulations, the Council shall
hold a public hearing in relation thereto at which the parties in
interest and the public shall have an opportunity to be heard. At
least 15 days' notice of the time and place of such hearing shall
be published in a paper of general circulation in the community, and
the property in question shall be posted conspicuously with a notice
of the hearing. The Council may, after the public hearing, approve
by ordinance the resubdivision plan recommended by the Planning and
Zoning Commission. However, no substantial change in or departure
from the resubdivision plan as recommended by the Planning and Zoning
Commission, including the terms and conditions thereof, shall be made
unless the same is resubmitted to the Planning and Zoning Commission
for its further recommendation.
In laying out a subdivision, the subdivider shall comply with
the following general principles and requirements:
A.
General.
(1)
The subdivision layout shall conform to the official Major Street
Plan and any other parts of the Master Plan, as well as the applicable
zoning regulations.
(2)
Whenever a tract to be subdivided adjoins or embraces any part of
a major street, highway or other public way designated on said Major
Street Plan as part of the major street system, such part of the public
way shall be platted and dedicated by the subdivider in the location
and at the width indicated on the plan, except that a dedication in
excess of 100 feet in width will not be required.
(3)
Where held appropriate by the Planning and Zoning Commission, open
spaces constituting a reasonable proportion of the gross acreage of
the subdivision, suitably located and of adequate size for parks,
playgrounds or other recreational purposes for local or neighborhood
use, shall be provided for in the proposed subdivision, and if not
dedicated to the public, shall be reserved for the common use of all
property owners in the proposed subdivision by covenant in the deeds.
(4)
The subdivision of land subject to periodic inundation will not be
approved. A plat of a proposed subdivision located in an area having
poor drainage or otherwise adverse physical conditions may be approved,
provided that the subdivider agrees to make such improvements as will
in the judgment of the Planning and Zoning Commission render the subdivision
substantially safe and otherwise acceptable for its proposed use and
furnishes a performance bond sufficient to cover the cost of such
improvements as estimated by the officials having jurisdiction.
B.
Street layout.
(1)
The street layout of the subdivision shall be in general conformity
with a plan for the most advantageous development of adjoining areas
and the entire neighborhood.
(2)
Where appropriate to design, proposed streets shall be continuous
and in alignment with existing, planned or platted streets with which
they are to connect.
(3)
Proposed streets shall be extended to the boundary lines of the tract
to be subdivided, unless prevented by topography or other physical
condition or unless, in the opinion of the Planning and Zoning Commission,
such extension is not necessary or desirable for the coordination
of the layout of the subdivision with the existing layout or the most
advantageous future development of adjacent tracts. Temporary turnarounds
will be required at the ends of such streets, by means of easements
or otherwise.
(4)
Dead-end streets of reasonable length [normally not over 600 feet]
will be approved where necessitated by topography or where in the
judgment of the Planning and Zoning Commission they are appropriate
for the type of development contemplated. A turnaround shall be provided
at the end of such a street.
(5)
Wherever there exists adjacent to the tract to be subdivided a dedicated
or platted and recorded half-width street or alley, the other half
width shall be platted.
(6)
The street layout shall conform substantially to existing topography,
minimizing street grades, and shall provide for good drainage, good
building sites and ready access to lots, without excessive cuts or
fills. Trees shall be preserved to the maximum extent possible.
(7)
Streets shall intersect one another at as nearly right angles as
topography and other limiting factors of good design will permit.
(8)
Minor residential streets shall be arranged so as to discourage their
use by through traffic.
(9)
Land abutting highways shall be platted with the view of making the
lots, if for residential use, desirable for such use by cushioning
the impact of heavy traffic upon them and also of minimizing interference
with traffic on such highways as well as accident hazards.
(a)
One or more of the following ways may be used to accomplish
this:
[1]
By platting the lots extra deep and providing vehicular access
to them by alleys or service drives in the rear or by service drives
in front separated from the highway by a parkway and connecting therewith
at infrequent intervals.
[2]
By backing the lots upon the highway so that they front on and
have access from a parallel minor street 1/2 block away. Vehicular
access to the lots from the highway should 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 dead-end streets stemming from a collector street generally parallel to and some 600 to 1,000 feet distant from the highway, the ends of such loops or dead ends being one lot depth away from the highway. Parkway easements and deed restrictions as referred to in Subsection B(9)(a)[2] above should be provided along the rear of such lots and adjoining the highway.
(b)
The choice between the foregoing or other methods for accomplishing
the desired purpose in a specific case must necessarily be made in
consideration of topography and other physical conditions, the character
of existing and contemplated developments and other pertinent factors.
(10)
Private streets will not be approved nor will public improvements
be approved in any private streets.
(11)
Street names shall be subject to approval by the Planning and
Zoning Commission. Names shall not duplicate or closely approximate
existing street names in or near the municipality, except for extensions
of existing streets.
(12)
Streets shall be spaced to allow for blocks meeting the dimensional
requirements specified herein. The number of intersections along highways
and other major streets shall be held to a minimum, normally spaced
not less than 1,200 feet apart.
(13)
Alleys shall be platted in all commercial and industrial areas
if no other provisions are made for adequate access to parking and
loading spaces. Alleys may be platted in the rear of residential lots
located on highways and major thoroughfares in order to provide safe
access to such lots, or service drives may be platted in front thereof,
or such lots shall be platted as suggested in B(9) above. Alleys will
not be approved elsewhere in residential districts except for row
dwellings or unless required by unusual conditions. In the absence
of alleys, easements will be required for utility lines or drainage.
(14)
Minimum widths for the right-of-way of streets, alleys and easements
shall be as follows (extra widths may be required where necessary):
(a)
Highways and major streets: as designated by the Major Street
Plan, but not less than 80 feet for a primary major street or 60 feet
for a secondary major street, in any case.
(b)
Collector streets: 60 feet in residential areas and 66 feet
in commercial or industrial areas.
(c)
Minor streets: 50 feet in single-family residential areas and
60 feet in multifamily residential or in commercial or industrial
areas.
(d)
Turnarounds: a circle 100 feet in diameter.
(e)
Alleys: 20 feet.
(f)
Crosswalkways: 10 feet.
(g)
Easements: 10 feet.
(15)
Street grades, curves and sight distances shall be as follows:
(a)
Grades shall not be less than 1/2 of 1% and shall not exceed
6%.
(b)
All changes in street grades of more than 1% shall be connected
by vertical curves of a minimum length of 50 feet or equal to 15 times
the algebraic difference in the change in grade, whichever is larger.
(d)
Between reversed curves, either of which has a radius less than
200 feet, there shall be a tangent at least 100 feet long, if possible.
(e)
At street intersections, each property corner shall be rounded
off by an arc, the minimum radius of which shall be 20 feet, except
that in a business district a chord may be substituted for such arc.
At alley intersections (within the block) a chord shall be used, cutting
off the corner at least 10 feet back from the point of intersection
in each direction. Where the smallest angle of intersection is less
than 60°, the foregoing radii and chords shall be increased.
(f)
Curbs at street intersections shall be rounded off concentrically
with the property line.
C.
Blocks and lots.
(2)
In a long block, a crosswalkway may be required to improve access
to a school, church, playground or other pedestrian objective.
(3)
Business and industrial blocks may be specially designed to serve
their particular purposes, which designs shall be subject to approval
by the Planning and Zoning Commission. Business blocks shall not exceed
300 feet in length unless provided with interior public driveways
for access and circulation.
(4)
Lots shall be of such size, shape and orientation as will be appropriate
for the location and the type of development contemplated. Normally,
a proportion of about 2 1/2:1 in depth and width will be considered
appropriate. Excessive depths in relation to width shall be avoided.
(5)
Residential lots shall comply with at least the minimum size and
area requirements of the zoning district in which they are located.
(6)
Corner lots shall have extra widths to provide for extra side yards on the street sides of such lots, in accordance with good design practice and sufficient in any case to meet the side yard requirements for such lots in Chapter 230, Zoning.
(7)
Residential lots fronting or abutting on highways and major streets
should have extra depths and extra-deep building lines or should have
service drives.
(8)
Every lot shall abut on a public street. Through lots (extending
through the block) and reverse-frontage lots (fronting on a side street)
shall be avoided.
(9)
Side lot lines shall be approximately at right angles to or radial
to the right-of-way line of the street.
(10)
Building lines shall be shown on the plat, along each street,
at least as required in each case by the applicable zoning regulations.
The locations of these lines shall be clearly indicated by dimensions.
(11)
All lot measurements shall be net measurements not including
any part of any street, alley or crosswalkway. Easements, however,
shall be regarded as within the lot.
