The minimum improvements that an applicant 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 the following. All such improvements
shall conform to the standards, specifications and other requirements
adopted by the town or by such other governmental agency as may have
jurisdiction over each facility, as stipulated below, which rules
and regulations are hereby made a part hereof. Nothing, however, shall
be construed as prohibiting an applicant from installing improvements
of a higher type than the minimum required herein.
The required improvements shall be completed,
inspected and accepted by the proper authorities prior to the approval
by the Planning Commission of the final plat and its recording.
A.
In lieu of completing the improvements as required in § 166-24, the applicant may enter into a written contract with the Mayor and Council in the manner and form set forth by the Town Attorney wherein he shall agree:
(1)
To construct or cause to be constructed at his own
expense and within the times prescribed by the Mayor and Council all
required improvements shown on the final plat and the approved drawings
and specifications thereof and in strict accordance with the standards
and specifications of the town.
(2)
To maintain at his own cost such required improvements
until the same are accepted by the town or transferred to a neighborhood
association.
(3)
To obtain the easements and releases required when
any road, drainage facility or other improvement abuts or traverses
land of persons other than the person holding legal title to the lands
of the subdivision, at his own cost, and to obtain from the owner
of the lands so abutted or traversed full release from all damages
which may accrue due to the construction of such improvements. Such
releases shall inure to the benefit not only of the applicant but
also to the town.
(4)
To execute, acknowledge and deliver such deeds and
releases as the Mayor and Council may require for such improvements.
B.
In order to assure the town that the required improvements
will be constructed and installed as required and in accordance with
the approved final plat and that such improvements will be maintained
until accepted by the town or transferred to a homeowners' or neighborhood
association, the applicant shall furnish to the Mayor and Council
escrow money, cash, corporate surety bond, bank deposit or letter
of credit as shall be acceptable to the Mayor and Council in an amount
sufficient to cover the cost of constructing and maintaining such
improvements (at least 100% and not more than 200% of costs), including
estimated inflation, as estimated by the Planning Commission or its
agent, the Town Department of Public Works or other appropriate official.
This improvement guaranty shall be conditioned upon the faithful performance
by the applicant of the terms of the contract required under this
section. If a portion of the required improvements shall have been
constructed by the applicant and approval thereof obtained prior to
the signing of the final record plat, the guaranty shall be reduced
to only that amount necessary to cover the cost of constructing the
remaining required improvements and maintaining both those constructed
and those guaranteed.
Prior to the acceptance of any streets, utilities
or site improvements by the town, the following procedure shall be
followed:
A.
The applicant shall notify the Planning Commission
or its agent of the completion of the required improvements.
B.
The Planning Commission or its agent, the Director
of Public Works or other appropriate official shall:
C.
The applicant, upon notification from the appropriate
official, shall:
D.
The Planning Commission or its agent, the Director
of Public Works or other appropriate official shall make a final inspection
with the applicant of all required improvements.
E.
Upon giving the applicant final approval, the Planning
Commission or its agent, Director of Public Works or other appropriate
official shall promptly submit a written report to the Mayor and Council
or the Planning Commission indicating that the required improvements
have been provided in such a manner as to comply with all specifications
and ordinances or regulations of the town.
F.
If the Mayor and Council and Planning Commission are
satisfied that the applicant has complied fully with the applicable
specifications and ordinances, they may notify the applicant of the
acceptance of the required improvements. The Mayor and Council may
thereupon release any bond or security posted for such performance.
The Mayor and Council shall not be required to accept any road, park,
utility or other improvement for Town maintenance even though such
improvement may meet all Town standards, specifications and ordinances.
[Amended 9-11-2007 by Ord. No. 2007-4]
A.
Streets. All new streets shall be graded and drained
and have 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 town or county for acceptance into the
appropriate system of public streets and roads. Existing roads and
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, if permitted
by the Planning Commission.
B.
Curbs and gutters. These shall be provided in all
subdivisions, unless this requirement is waived by the Planning Commission
for good cause. The face of the curb shall be located on the line
of the outside edge of the required pavement.
C.
Sidewalks. Where required by the Planning Commission
or by other ordinance or regulation of the town, sidewalks of appropriate
design and specification shall be provided. Notwithstanding the fact
that such sidewalks may be constructed within the street right-of-way
lines, the obligation for the repair, maintenance, replacement and/or
reconstruction of such sidewalks shall remain with the owner of the
adjoining lot or with the neighborhood association if so designated
by the developer in appropriate deed restrictions or covenants subsequent
to the acceptance of an offer of dedication of the street right-of-way
by the town as herein provided unless the Mayor and Council shall
by ordinance specifically accept the obligation to maintain such sidewalks.
D.
Water facilities. Every subdivision shall be provided
with a standard water distribution system, including a connection
and meter 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. Where there shall
not be a municipal water main or there shall not be a water main of
sufficient or appropriate capacity adjacent to the proposed subdivision,
the applicant shall extend or replace the required main at his own
cost, including the acquisition of the necessary easements; provided,
however, that the Mayor and Council may, by appropriate action, agree
to accept some or all of the cost and/or construction obligation for
such extension or replacement, subject to such terms and conditions
as the Mayor and Council may impose.
E.
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. Where there shall not be a municipal sewer main
or there shall not be a sewer main of sufficient or appropriate capacity
adjacent to the proposed subdivision, the applicant shall extend or
replace the required main at his own cost, including the acquisition
of the necessary easements; provided, however, that the Mayor and
Council may, by appropriate action, agree to accept some or all of
the cost and/or construction obligation for such extension or replacement,
subject to such terms and conditions as the Mayor and Council may
impose.
F.
Drainage. An approved stormwater management plan shall be created for every subdivision by the applicant at his own expense in accordance with Chapter 158, Stormwater Management. All facilities required by such an approved plan shall be constructed, maintained and/or guaranteed as elsewhere herein provided before the final plat shall be approved.
G.
Street signs. Name signs of an approved design shall
be erected at each new street intersection.
H.
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. Concrete monuments
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 on the final plat.
[Amended 9-13-1994 by Ord. No. 1994-5]
I.
Floodplain improvements. Such improvements and/or facilities as shall be required by Chapter 89, Floodplain Management, are required.
K.
Streetlighting. Such streetlighting facilities as
shall be required by the Planning Commission shall be installed by
the applicant at his own costs. Such facilities shall be considered
as public facilities and as such shall be offered for dedication and
may be accepted as such by the Mayor and Council in accordance with
the applicable provisions set forth elsewhere herein.
L.
Landscaping. The landscaping of the common areas and
open spaces shall be completed in accordance with the landscaping
plans for such areas and facilities approved by the Planning Commission.
Such reasonable assurances as the Planning Commission or the Mayor
and Council may require as to the continuing maintenance and replacement
of such approved landscaping shall be given by the applicant.
M.
Other site improvements. Such other site improvements
as shall be required by the Planning Commission, any applicable ordinance,
law or regulation or proposed by the applicant and any improvements
or facilities which the applicant proposes to deliver to a community
or neighborhood association or which are to be common areas or facilities
are required.
Construction plans for the foregoing improvements shall be prepared for approval by the appropriate public authorities, as provided in Article III, prior to construction. Such plans shall be sufficient to permit the approving authority to determine that the proposed improvement meets the applicable standards and specifications and shall include at least the following:
A.
A 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.,
at a scale of one inch to 100 feet or less horizontal and one inch
to 10 feet or less vertical.
B.
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, location 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.
C.
Location plans and profiles for proposed sanitary
and storm sewers or drains, with grades and pipe sizes indicated.
D.
A location plan of the proposed water distribution
system showing pipe sizes and locations for valves and fire hydrants.
[Added 8-13-1996 by Ord. No. 1996-6]
The Worcester County Forest Conservation Law
shall apply to all subdivision 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, § 1-403(b).
