B.
Subdivision design generally. The subdivision design
shall take advantage of the site's unique features, such as its location,
access, topography, soils, wooded areas, water bodies and its relationship
to adjoining subdivisions and land uses, both proposed and existing.
C.
Unless specifically indicated otherwise, the provisions
of this Article shall apply to all subdivisions and planned developments.
[Amended 12-12-1989 by Ord. No. 89-009]
A.
Layout.
(1)
Adequate vehicular and pedestrian access shall be
provided to all lots.
(2)
The subdivision road system shall be designed to minimize
through traffic and to discourage excessive speed on collector roads.
(3)
Where appropriate to design, subdivision roads shall
be continuous in alignment and grade with existing, planned or platted
roads with which they are to connect.
(4)
Subdivision roads shall be extended to the boundary
lines of the subdivision to allow for future connection to development
on adjacent properties, unless the Planning Commission determines
that such extension is not feasible because of topography or other
physical conditions.
(5)
Cul-de-sac roads should not exceed 800 feet in length
unless the topography, size or shape of the parcel makes a through
or loop road impractical. Other dead-end streets are prohibited except
to permit future extensions to adjoining tracts, in which case temporary
turnarounds shall be provided.
[Amended 12-12-1989 by Ord. No. 89-009]
(6)
Road design shall, to the maximum extent practical,
preserve natural features such as trees, water bodies and slopes.
(7)
Pedestrian-vehicular conflict points shall be minimized.
(8)
Roads shall be suitably located, of sufficient width
and adequately improved to accommodate the prospective traffic and
afford access to police, school buses, fire trucks and road maintenance
equipment.
(9)
Road names shall be approved by the Zoning Administrator.
Names shall not duplicate nor closely resemble existing official road
names.
[Amended 12-12-1989 by Ord. No. 89-009]
B.
Access control.
(1)
Subdivisions abutting major arterial roads or state
highways shall be designed to minimize the number of entrances or
access points. Subdivision design shall seek to minimize interference
with traffic and accident hazards.
(2)
Methods of access control shall depend on topography
and other physical conditions on the site, the character of existing
and proposed development in the area and the nature of the adjoining
road or highway, but may include:
(3)
Strip development along County or state roads shall
be discouraged. In any subdivision, not more than two lots recorded
after January 1, 1990, shall have direct access to an existing County
road or state highway. Any additional lots shall have access limited
to an internal subdivision road unless:
[Added 12-12-1989 by Ord. No. 89-009]
(a)
The additional lots are at least 20 acres in
area and have a frontage of at least 800 feet on the County road or
state highway;
(b)
The Planning Commission makes a finding that
the County road from which the lots will have access is a dead-end
or loop road which does not serve thru traffic and the area in which
the subdivision is located is predominantly residential in character;
or
(c)
The Planning Commission makes a finding that
the size, shape, topography, soil types or other physical conditions
of the property make it impractical to provide internal access to
all of the lots required to have such internal access. For minor subdivisions,
the Zoning Administrator may make such a finding.
A.
The maximum block length shall be 1,800 feet. In the
design of blocks longer than 1,000 feet, special consideration shall
be given to the provisions of pedestrian interior walkways near the
center or wherever most useful to facilitate pedestrian circulation.
B.
Residential blocks shall be of sufficient depth to
accommodate two tiers of lots, except where bordering a controlled
access road or highway, floodplain, marsh, water body or property
line or where otherwise consistent with good site planning and proper
land use.
A.
Except in minor subdivisions, the relation of the
depth of any lot to its width at the building restriction line should
not be greater than three to one. Flag, pipestem or panhandle lots
shall not be allowed in major subdivisions, rural major subdivisions,
and Planned Developments.
[Amended 12-12-1989 by Ord. No. 89-009]
B.
Side lot lines shall be at right angles or radial
to road lines, unless a variation from this rule will give a better
road or lot plan as determined by the Planning Commission, or by the
Zoning Administrator for minor subdivisions only.
[Amended 12-12-1989 by Ord. No. 89-009]
C.
Lot sizes and dimensions shall not include any part
of a road, pedestrian walkway or reserved space. Easements shall be
included within the lot.
D.
Lot sizes should not result in an excessive consumption
of land. As a general rule, lot sizes should be no greater than one
and one-half (1 1/2) times the minimum County Health Department
requirement for the soil conditions of the subdivision, unless there
are other special circumstances.
[Added 12-12-1989 by Ord. No. 89-009]
[Amended 12-12-1989 by Ord. No. 89-009; 4-10-2007 by Ord. No. 2007-001]
A.
ACTIVE OPEN SPACE
ENVIRONMENTALLY CONSTRAINED AREA
PASSIVE OPEN SPACE
PERSON
RECREATIONAL OR OPEN SPACE
Definitions. For purposes of this § 162-36, the following terms shall have the meanings set forth herein:
Areas with a grade variance of less than 4% and which areas
are open, dry, and unencumbered, and are otherwise suitable for building
or facility development that supports interactive play or gatherings
of 10 or more individuals. "Active open space" does not include environmentally
constrained areas.
Areas that:
Gently sloped open or sparsely wooded areas with a grade
variance of less than 10%, suitable for noninteractive recreational
uses, including, but not limited to, walking, picnicking, or sitting.
"Passive open space" does not include environmentally constrained
areas.
This term shall have the meaning set forth in § 166-35
of the Code.
An area of land or water set aside, dedicated, designed or reserved on a nonexclusive basis for the use and enjoyment of owners and occupants of land in the subdivision in which such land or water is located, and persons lawfully visiting thereat. For purposes of this § 162-36, the term "subdivision" shall include those lots and subdivisions included in the general requirement of this § 162-36 by application of § 163-36B hereof.
B.
General requirement. All major subdivisions shall
include accessible recreational or open space, as determined in the
reasonable discretion of the County, equal to at least 5% of the gross
area of the subdivision, with the minimum area and parcel size being
not less than 3/4 of an acre. At least 75% of such recreational or
open space shall be of a character suitable for active open space,
with the balance suitable for passive open space.
C.
All required recreational and open space shall be offered for public dedication. The subdivider shall make appropriate arrangements for the maintenance of such recreational and open space areas until such time as the dedication, if any, is formally accepted. If the dedication has not been accepted prior to the construction of homes on at least 50% of the lots within the subdivision, title to the required recreational and open space shall be vested in the name of any homeowners' association or similar organization or, if none shall exist with respect to the subdivision, to the lot owners in common, or to the subdivider. Irrespective of how title to such recreational or open space is held, such recreational or open space shall be restricted to recreational and open space purposes, and the subdivider shall insure that appropriate covenants, restrictions, and/or easements, as directed by the County, shall be reflected in deeds and other relevant and appropriate documents and entered into the land records of Caroline County to restrict the use of such recreational or open space accordingly, in perpetuity. Nothing in this § 162-36 shall be construed to require the County to accept any proposed dedication of recreational or open space, or to require the County to maintain any such recreational or open space.
D.
The Caroline County Planning Commission may require
the dedication or reservation of a reasonable recreational and open
space area beyond the minimum requirements set forth herein, based
on the character of the site, the surrounding area, or the nature
of the proposed development, as may be allowed under applicable federal,
state, and local law.
E.
With the concurrence of the subdivider, the County
may accept a fee in lieu of the dedication of the required recreational
and open space on the following terms and conditions:
(1)
The fee in lieu of price shall be determined by the
County by multiplying the total number of lots to be included within
the proposed subdivision by an amount equal to the agricultural easement
value per acre established by the easement acquisition cycle statistics
for the most recent fiscal year for the Maryland Agricultural Land
Preservation Easement Acquisition Program.
(2)
The required payment shall be paid to the County in
cash or certified funds prior to the final subdivision plat approval.
(3)
The County shall utilize such funds on projects which
may reasonably be expected to benefit the residents, but not necessarily
exclusively such residents, of the subdivision for which the fee-in-lieu-of
is paid; including regional or area-based recreational and/or open
space projects.
(4)
If the County and subdivider agree, the subdivider may provide to the County in-kind services and/or products at least equal in dollar value to the required fee established in accordance with this § 162-36E at a site determined by the County. Any dollar difference in the required fee and the agreed upon value of the in-kind service or products shall be paid to the County forthwith upon such determination, unless otherwise agreed by the County at its discretion.
(5)
If the County and subdivider agree, the subdivider
may set aside a portion of the land area required hereunder for recreational
and open space and pay a fee in lieu of a portion of the required
land area.
[Added 12-12-1989 by Ord. No. 89-009]
A.
Any subdivision in the A, Agricultural District, or
R, Rural District, shall be designed and the lots located on the property
in a way that preserves the agricultural integrity of the remainder
of the property and is compatible with existing and future farming
operations in the area. The subdivision shall be adequately buffered
from farming operations by distance, vegetation or other appropriate
means.
B.
Any subdivision in the A, Agricultural District, or
R, Rural District, shall have recorded in the land records of Caroline
County a covenant that states that the property is in an agricultural
area and that the owner or future owners shall have no basis for recourse
against the effects of any normal farming operations as permitted
in these districts and which are conducted in accordance with good
husbandry practices, including but not limited to noise, odor, vibration,
fumes, dust or glare. This covenant shall conform to language specified
by the Planning Commission.
