A.
The subdivision layout shall conform in all essential respects to
the official Major Thoroughfare Plan and other aspects of the adopted
Comprehensive Plan for the town.
B.
The subdivision layout shall be in full compliance with the provisions
of the zoning districts in which it is located.
C.
The subdivision layout shall be designed in accordance with the principles
and standards contained in this article, with the objectives of achieving
the most advantageous development of the subdivision and adjoining
areas.
D.
The resubdivision of land or adjustment of lot lines between adjoining
property owners that does not create additional building lots shall
be reviewed, and may be approved, by the Zoning Administrator, subject
to the following:
A.
Land subject to periodic flooding shall not be subdivided for residential
occupancy nor for any other use which might involve danger to health,
life or property or aggravate the flood hazard, and such land within
any proposed subdivision shall be reserved for uses which will not
be endangered by periodic or occasional inundation.
B.
A plat for the subdivision of land with poor drainage or other adverse
physical conditions will be considered for approval only if the subdivider
shall agree to make whatever improvements are necessary, in the judgment
of the Planning Commission, to render the land safe and otherwise
acceptable for development.
A.
The street layout shall be designed to create desirable building
sites while respecting existing topography, minimizing street grades,
avoiding excessive cuts and fills and preserving trees to the maximum
extent possible.
B.
Streets shall be spaced to allow for blocks meeting the dimensional
requirements contained herein and to minimize the number of intersections
with existing or proposed major thoroughfares.
C.
Where the subdivision adjoins or embraces any part of a major thoroughfare
as designated on the Major Thoroughfare Plan, the layout of such subdivision
shall provide for the platting and dedication of such part of the
major thoroughfare in the location and at the width indicated on such
plan, except that the subdivider shall not be required to dedicate
that part of such major thoroughfare which is in excess of 80 feet
in width.
D.
Wherever deemed desirable to the layout of the subdivision and adjoining
areas, the Planning Commission may require the platting and dedication
of one or more collector streets, or parts thereof, to serve the subdivision.
E.
Minor residential streets, intended primarily for access to individual
properties, shall be so arranged as to discourage their use by through
traffic.
F.
Streets shall be laid out to intersect one another at as near to
right angles as topography and the limiting factors of good design
will permit, and no street shall intersect another street at an angle
of less than 60°.
G.
Proposed streets in the subdivision shall provide for the continuation
of existing, planned or platted streets on adjacent tracts, unless
such continuation shall be prevented by topography or other physical
condition or unless such extension is found by the Planning Commission
to be unnecessary for the coordination of development between the
subdivision and such adjacent tract.
H.
Where the Planning Commission deems it desirable or necessary to
providing access to adjacent tracts not presently subdivided, proposed
streets in the subdivision shall be extended to the boundary lines
with such adjacent tracts, and temporary turnarounds shall be provided
at the ends of such streets by means of temporary easements or otherwise.
I.
Reducing impact of heavy traffic.
(1)
Where the subdivision abuts or contains a primary highway as designated
on the Major Thoroughfare Plan, the Planning Commission may require
that measures be taken to reduce the impact of heavy traffic on the
residential lots abutting or fronting upon such highway and to afford
separation of through and local traffic, through one of the following
means:
(a)
By providing vehicular access to such lots by means of a service
drive separated from the major thoroughfare by a planting strip and
connecting therewith at infrequent intervals.
(b)
By designing reverse frontage lots having access only from a
parallel minor street or from cul-de-sac or loop streets and with
vehicular access to such lots from the major thoroughfare prohibited
by deed restrictions or other means.
(2)
The choice of the most appropriate method of accomplishing the desired
purpose in a specific instance shall be made by the Planning Commission,
giving consideration to topography and other physical conditions,
the character of existing and contemplated development in the subdivision
and its surroundings and other pertinent factors.
J.
Where land in the proposed subdivision adjoins a railroad line, the
street layout shall make allowance for future grade-separated railroad
crossings at appropriate locations by providing extra street right-of-way
widths for such crossings and by restricting intersecting streets
at locations where they would cause interference with the necessary
approaches to such crossings.
K.
Cul-de-sac streets, generally not exceeding 600 feet in length, shall
be permitted where they are necessitated by topographic conditions
or where, in the judgment of the Planning Commission, they are appropriate
to the type of development contemplated.
L.
Alleys shall be provided in commercial and industrial areas, unless
adequate access to parking and loading areas is provided by other
means. Alleys will not be permitted in residential areas, except for
providing rear access to row dwellings or where required by topographic
or other unusual conditions. In the absence of alleys, easements will
be required for utility lines or drainage facilities.
M.
Half streets will be prohibited, except where they are essential
to the reasonable development of the proposed subdivision in conformity
with the other requirements of these regulations and where the Planning
Commission finds that it will be practicable to require dedication
of the remaining half when the adjoining property is subdivided. Wherever
a half street adjoins the proposed subdivision, the remaining half
of the street shall be platted within such subdivision.
N.
Private streets will not be permitted in any proposed subdivision.
A.
Right-of-way widths.
(1)
Right-of-way widths for primary and secondary high-ways shall be
as designated in the Major Thoroughfare Plan and, in any case, not
less than 150 feet for primary highways and 80 feet for secondary
highways; provided, however, that widths above these minimums may
be required by state officials to meet particular traffic conditions.
(2)
Right-of-way widths for other street types shall be not less than
60 feet for collector streets and for minor streets in multiple-family
residential, commercial and industrial areas, 50 feet for minor streets
in other residential areas, 40 feet for service drives and 16 feet
for alleys.
B.
Roadway widths.
(1)
Roadway widths for primary and secondary highways shall be not less
than the minimum specified by state officials but, in any case, not
less than 24 feet with ten-foot shoulders.
(2)
Roadway widths for other street types shall be not less than the
following:
(a)
Collector streets and minor streets in multiple-family residential,
commercial and industrial areas: 40 feet with curbs and gutters, except
that streets serving lots of one acre or more may, with the approval
of the Planning Commission, have a minimum roadway width of 22 feet
with eight-foot shoulders.
(b)
Minor streets in single-family residential areas and service
drives: 30 feet with curbs and gutters, except that streets serving
lots of one acre or more may, with the approval of the Planning Commission,
have a minimum roadway width of 20 feet, with six-foot shoulders on
each side for minor streets and one one side for service drives.
(c)
Alleys: 16 feet.
C.
Culs-de-sac. Cul-de-sac streets shall have a circular turnaround
of not less than 100 feet in diameter to the street line and with
a roadway of not less than 80 feet in diameter, unless the Planning
Commission approves a T- or Y-backaround.
D.
Street grades.
(1)
Street grades shall not exceed 5% for primary and secondary highways
and collector streets and 8% for minor streets, service drives and
alleys, except that the Planning Commission may permit a variation
of not greater than 2% from these maximums where topographic conditions
warrant.
(2)
Street grades shall be not less than 1/2 of 1% at the gutter.
(3)
All changes in street grades of more than 1% shall be connected by
vertical curves with a minimum length of 50 feet or 15 times the algebraic
difference in the change in grade, whichever is greater.
E.
Curvature. The radius of curvature on the center line shall be not
less than 400 feet for primary and secondary highways, 300 feet for
collector streets and 100 feet for minor streets, service drives and
alleys. Between reversed curves, either of which has a radius of less
than 200 feet, there shall be a tangent section at least 100 feet
in length.
F.
Intersections. Each property corner at street intersections shall
be rounded off by an arc, the radius of which shall be not less than
20 feet, except that in a business area a chord may be substituted
for such arc. Curbs at street intersections shall be rounded off concentrically
with the property lines. The design of the intersection should provide
clear sight distance for oncoming vehicles, and there should be a
suitable leveling of the street grade within and approaching the intersection.
A.
Residential blocks shall normally not exceed 1,300 feet in length,
nor be less than 500 feet in length, between street lines. In any
residential block more than 800 feet in length, a crosswalkway of
not less than 10 feet in width may be required where necessary to
provide convenient access to schools, playgrounds, shopping centers
and other community facilities.
B.
Residential blocks shall normally be of sufficient width to provide
two tiers of lots of appropriate depth.
C.
Blocks for business or industrial use shall be of such length and
width as may be necessary to serve their prospective use, including
making adequate provision for off-street parking and for the loading
and unloading of delivery vehicles.
D.
Irregularly shaped blocks indented by culs-de-sac or looped streets
and containing interior parks or playgrounds will be acceptable when
they are properly designed, including making provision for adequate
parking and for the maintenance of the public or joint-use recreation
area.
A.
The lot arrangement, design and orientation shall be such that all
lots will provide satisfactory building sites, properly related to
topography and the character of surrounding development.
B.
The dimensions and areas of all lots shall comply with the requirements
of the zoning districts in which they are located, except that in
any case where public water supply and/or public sewerage are not
available or are not to be provided, all residential lots shall comply
with the minimum lot dimensions and areas established by the Health
Officer or State Department of Health after appropriate water percolation
tests, where these requirements are greater than required under the
zoning regulations.
C.
Excessive lot depth in relation to lot width shall be avoided. A
ratio of depth to width of 2:1 shall be considered a desirable maximum.
D.
Corner lots shall desirably have extra width to permit appropriate
building setback from both streets in accordance with the zoning regulations.
E.
Every lot shall abut upon and have access to a public street.
F.
Double frontage and reverse frontage lots shall be avoided, except
where their use is essential to overcoming special topographic problems
or to separating residential development from heavy street traffic.
G.
Residential lots fronting or abutting on major thoroughfares shall
desirably have extra lot depths and deeper building setbacks.
H.
Lots adjoining a railroad line shall have extra lot depth and shall
provide for an appropriate means of buffering such lots from such
railroad line.
I.
Insofar as possible, side lot lines shall be substantially at right
angles or radial to the street line, except where a variation to this
requirement will provide an improved street and lot layout.
J.
The size and shape of lots intended for single-family residential
use shall be sufficient to permit the ultimate provision of a garage
on each lot, except that the Planning Commission may permit the grouping
of garages into a compound serving several such lots.
A.
Where alleys are not provided in appropriate locations, easements
of not less than 10 feet in width shall be provided where necessary
to meet public utility requirements. Easements of greater width may
be required along lot lines or across lots where necessary for the
extension of trunk sewers or other primary utility lines.
B.
Where a proposed subdivision is traversed by any stream, watercourse
or drainageway, the subdivider shall make adequate provision for the
proper drainage of surface water, including the provision of easements
along such streams, watercourses and drainageways.
C.
Utility easements in private rights-of-way or in joint-use recreation
areas may be permitted at the discretion of the Planning Commission,
if the design considerations of the proposed subdivision warrant such
easements.
D.
No building or structure shall be constructed on any easement without
the written authorization of the Mayor and Council.
A.
Where the proposed subdivision includes lands proposed for use as
parks, playgrounds, playfields, public landings or school sites under
the Comprehensive Plan, the subdivider shall indicate the location
of such lands on the subdivision plat and shall either dedicate such
lands or shall reserve the right of purchase of such lands by the
appropriate jurisdiction for the time period specified herein. Should
the reserved lands not be purchased by the appropriate jurisdiction
within the specified time limit, the subdivider shall be free to market
such lands for an alternate purpose, as specified on the approved
subdivision plat.
B.
Park, playground and playfield sites shall be reserved for a period
of two years from the date of recording the subdivision, and school
sites shall be reserved for four years from such date. The reservation
shall give the appropriate agency the right to purchase such land
at the appraised raw land value plus 1/2 the cost of surface improvements
on any streets that are contiguous to the site.
C.
Where deemed essential by the Planning Commission upon consideration
of the type of development proposed in the subdivision, the subdivider
may be required to dedicate other areas or sites of a character, extent
and location suitable to meeting the needs of such development. In
lieu of dedicating such additional areas, they may be reserved for
the common use of all property owners in the proposed subdivision
through deed restrictions.
In addition to the other provisions of the Rock Hall Zoning
Ordinance[1] and Subdivision Regulations, the following design requirements
will be adhered to in the subdivision of land located within the Town
of Rock Hall Critical Area Overlay District.
A.
Where a tract of land bordering tidal water, tidal wetlands or tributary
streams in the Critical Area is to be subdivided and a buffer exemption
has not been granted by the Critical Area Commission, a buffer of
at least 100 feet shall be established in natural vegetation (except
areas of the buffer which are planted in vegetation where necessary
to protect, stabilize or enhance the shoreline). No development, including
septic systems, impervious surfaces, parking areas, roads or structures,
is permitted in the buffer. However, approved development or expansion
of a water-dependent facility, as defined in the Town of Rock Hall
Zoning Ordinance, is excepted from these buffer provisions.
B.
If the lot ownership extends to the water, wetlands or streambed,
then the buffer shall be included in the required setback distance
for building on that lot, except in the case of water-dependent facilities.
Where the buffer is to be owned and maintained by a homeowners'
or similar appropriate organization, the required setback distance
shall be measured from the property line separating that lot from
the designated buffer. The buffer, when not included in the lots,
may be included in calculating gross density.
C.
The buffer shall be expanded to include contiguous sensitive areas
on parcels whose development or disturbance may impact streams, wetlands
or other aquatic environments. This expansion will occur whenever
new land development or other land-disturbing activities, such as
clearing natural vegetation for agriculture or mining, are proposed.
The expanded buffer must be shown on plants required for such development
or activities. "Sensitive areas" are defined as follows: hydric soils
and soils with hydric properties as designated by the Soil Conservation
Service, highly erodible soils with a K value greater than 0.35 and
steep slopes greater than 15%. The buffer shall be expanded according
to the following rules:
(1)
When the site of the proposed land disturbance drains to a slope
greater than 15% contiguous to the buffer, the buffer shall be expanded
four feet for every percent of slope or to the top of slope, whichever
is greater, but in no case more than 10 feet beyond the top of the
slope greater than 15%.
(2)
The buffer shall be expanded to the upland limit of adjacent
hydric soils, soils with hydric properties and erodible soils, whichever
is less.
(3)
All subdivision in the Rock Hall Critical Area shall be subject
to the habitat protection criteria and guidelines prescribed in the
Town of Rock Hall Critical Area Program.
D.
The subdivider shall be required to identify stormwater management
policies appropriate to site development which achieve the following
standards:
(1)
In areas designated "Intensely Developed Area" on the Town of
Rock Hall Official Critical Area Map, the subdivider shall demonstrate
that the best management practices for stormwater assure a ten-percent
reduction of predevelopment pollutants and loadings.
(2)
The subdivider shall delineate those site areas not covered
by impervious surfaces to be maintained or established in vegetation.
Where vegetation is not proposed, the developer shall demonstrate
why plantings for such portions of the site are impracticable. The
types of planting and vegetation proposed shall be in accordance with
guidelines established in, as part of, the Town of Rock Hall Critical
Area Program.
E.
The subdivision shall be designed to assure that those features or
resources identified as "Habitat Protection Areas" are offered protection
as prescribed in the habitat protection element of the Town of Rock
Hall Critical Area Program.
F.
In the Limited Development Area (LDA) and Resource Conservation Area
(RCA), roads, bridges and utilities serving lots shall be located
to avoid disturbances to Habitat Protection Areas. When no alternative
exists and such infrastructure must cross or be located in a Habitat
Protection Area, the developer shall demonstrate how impacts to habitats
have been minimized and that no feasible alternative location of such
infrastructure exists.
G.
In the LDA and RCA, all roads, bridges, lots or other development
which cross or are located adjacent to tributary streams in the Critical
Area shall:
H.
In the LDA and RCA, lots and open space acres shall be located and
designed to provide for the maintenance of existing site wildlife
and plant habitats and continuity with those on adjacent sites. Existing
wildlife corridors shall be identified on proposed development plats.
When wildlife corridors exist or are proposed, they shall include
any existing Habitat Protection Areas and connect large forested areas
on or adjacent to the site.
I.
Impervious surfaces in subdivisions located in the Limited Development
Area (LDA) and Resource Conservation Area (RCA) of the Town of Rock
Hall Critical Area shall be limited to 15% of the gross site area
proposed for development, except that impervious surfaces on any lot
not exceeding one acre in size in a subdivision approved after June
1, 1986, may be up to 25% of the lot.
J.
In the LDA and RCA, development on slopes greater than 15% shall
be prohibited unless such development is demonstrated to be the only
effective way to maintain or improve slope stability.
K.
No clearing or grading is permitted in the buffer nor on steep slopes
and hydric or highly erodible soils for other than agricultural practices
not involving the clearing of natural vegetation in the buffer or
commercial forestry practices in the buffer between March 1 and June
15.
L.
Land to be subdivided shall be designed and improved in reasonable
conformity to existing topography in order to minimize grading, cuts
and fill and to retain, insofar as possible, the natural contours,
minimize stormwater runoff and conserve the natural cover and soil.
No soil, sand or gravel shall be removed from any lots shown on any
subdivision plat, except in accordance with the provisions of the
sediment control plan approved by the Soil Conservation District Board.
M.
Subdivision and development in the Town of Rock Hall Critical Area
are encouraged to increase natural vegetation on the development site.
N.
Subdivisions located in Limited Development Areas (LDAs) and Resource
Conservation Areas (RCAs) are required to meet the following minimum
standards for forest and developed woodlands. Forest and developed
woodlands, as defined by the Town of Rock Hall Critical Area Program,
shall be created or protected in accordance with the following:
(1)
When no forest exists on the site, at least 15% of the gross
site area shall be afforested. The location of the afforested area
should be designed to reinforce protection to site habitats or provide
connections between forested areas when they are present on adjacent
sites.
(2)
When forests or developed woodland exists on the site and proposed
development requires the cutting or clearing of trees, areas proposed
for clearing shall be identified on the proposed development plan.
The developer shall submit plans for development and areas to be cleared
to the Maryland Forest, Park and Wildlife Service for comments and
recommendations and shall transmit comments to the Town of Rock Hall
Planning Office. A grading permit shall be obtained prior to any clearing
or cutting associated with proposed development. In addition, cutting
or clearing which is associated with development shall be subject
to the following limits and replacement conditions:
(a)
All forests cleared or developed shall be replaced on not less
than an equal area basis, either on the site or on another site approved
by the Planning Commission, except that if clearing on a fully forested
lot is limited to a development pad of 10,000 square feet or less
and cleared areas are reforested to the extent possible, the forest
shall be considered a developed woodland and no replacement required.
(b)
No more than 20% of the forested or developed woodland within the site proposed for development may be removed, except as provided for in Subsection N(2)(c) below, and the remaining 80% shall be maintained as forest cover through the use of appropriate instruments (e.g., recorded restrictive covenants). The removal of forests of developed woodlands cover in the buffer is prohibited.
(c)
The clearing of forest or developed woodland up to 20% shall
be replaced on an area basis of one to one. A developer may propose
clearing up to 30% of the forest or developed woodland on a site,
but the trees removed in excess of 20% must be replaced at the rate
of 1.5 times the amount removed, either on the site or on another
site approved by the Planning Commission.
(d)
If more than 30% of the forest on a site is cleared, the forest
is required to be replanted at three times the total areal extent
of the cleared forest.
(e)
If the cutting of forests occurs before a grading permit is obtained, the forest is required to be replanted according to the requirement in Subsection N(2)(d) above.
(f)
All reforestration and/or afforestation shall be included in
a planting plan.
