A. 
No part of any planned subdivision of land that will be served by a community or multi-use sewerage system, as defined by the State Department of Health and Mental Hygiene, will be finally approved by the County if the total planned subdivision will generate 5,000 gallons of average daily sewage flow, unless that part of the subdivision to be recorded and its respective sewerage system is in, at least, an "immediate priority" sewer service area in the Harford County Master Plan for water and sewer. A determination of the amount of average daily sewage flow by the Harford County Department of Public Works shall be final as to the developer for the purposes of this section. Water and sewer facilities are highly dependent on the topography to provide effective and efficient utility services. If required, by the Director of Public Works, drainage and utility easements shall be provided between lots wider than the minimum side yard widths allowed by the Harford County Zoning Code, as amended. This requirement may necessitate wider lots at these locations.
B. 
The subdivision layout shall conform to the Master Plan and Zoning Code of Harford County, as amended.
C. 
All subdivision of land shall conform to the Floodplain Management Regulations in Chapter 131 of the Harford County Code, as amended.
[Amended by Bill Nos. 11-06; 22-013]
In addition to all other requirements, all subdivision of land which lies within the area designated as the Chesapeake Bay Critical Area Program shall also meet all requirements of § 267-63 through § 267-63.21 of the Harford County Zoning Code, as amended. In addition, applications for subdivision of land which lies within the Chesapeake Bay Critical Area Program shall be forwarded by the Department of Planning and Zoning to the Chesapeake Bay Critical Area Commission in accordance with COMAR 27.03.01.
A. 
Streets and roads shall conform to the Harford County Transportation Element Plan.
B. 
Wherever a tract of land to be subdivided includes any part of a road indicated on the Transportation Element Plan, the location, type and construction of such road shall be incorporated by the subdivider in the layout plan.
C. 
Notwithstanding the provisions of Subsection B, when a tract of land to be subdivided abuts an existing County road, the subdivider shall, as a condition of subdivision approval, deed to the County a road improvement right-of-way appropriate to the road and its functional classification. When the tract fronts along one side of the existing road, the subdivider shall deed 1/2 of the required right-of-way, generally calculated from the center line of the existing road. Title to road improvement rights-of-way shall be good and marketable and free of financial liens.
A. 
For the purpose of this section, the term "subdivision" shall not include a division of land which creates or permits a residential or agricultural subdivision not exceeding 5 lots, including lots around existing dwellings, from a parcel or tract of land as it existed on February 8, 1977.
B. 
For the purposes of this section, "development" does not include:
(1) 
The use of land for agriculture; and
(2) 
The construction, reconstruction, alteration or enlargement of a single-family residence on an existing lot or parcel.
C. 
No subdivision or development shall be approved unless it directly accesses to an existing paved road network. All roads providing access from a subdivision/development to an existing paved County or state road shall be constructed to the appropriate County road specifications by the subdivider/developer, if the subdivider/developer desires to proceed with the project prior to the County's performing the required construction pursuant to the County's capital improvements program. If a developer decides to undertake construction, a public works agreement shall be executed as required by law.
D. 
Construction of access road. Any new or existing road right-of-way or access way, leading from an existing County or state road to the proposed project and all internal roads, including stub roads, shall be constructed or improved to the prescribed width and road construction, as set forth in the Subdivision Regulations of Harford County and the Harford County Road Code, as amended.
E. 
Frontage improvements.
(1) 
Proposed developments, including residential, business, industrial or institutional developments or subdivisions to be constructed along existing County roadways will be required to improve County roadways along their property in order to provide safe ingress and egress to the site and to mitigate the impact of that development. Should construction of the roadway be considered infeasible at the time of development, the developer may deposit the estimated construction cost in an account with Harford County for the future improvements of that roadway to the designated County road standards.
(2) 
Frontage improvements may be required when a parcel of land is subdivided or developed for purposes of creating:
(a) 
Any business, industrial or institutional use;
(b) 
Any residential use for more than 5 dwelling units; or
(c) 
Any transient housing use with more than 5 guest rooms.
(3) 
The extent of the road improvements required pursuant to this section shall be determined by the Department of Planning and Zoning with the concurrence of the Department of Public Works at the time of preliminary plan approval.
(4) 
Construction of road improvements shall be required of a property owner pursuant to this section, if 1 or more of the following is applicable:
(a) 
The additional traffic to be placed on the roadway is directly related to the proposed development and necessitates additional improvements to the road;
(b) 
The present road condition is not adequate to handle the traffic to be generated by the proposed development; or
(c) 
The road improvements would otherwise benefit the subdivision and are related to the protection of the health, safety and general welfare of the residents of the subdivision.
(5) 
Timing of requirements for road, sanitary and other improvements. The minimum improvements which a subdivider/developer will be required to make, or enter into agreements to make, shall be completed in full compliance with the requirements, standards and specifications as contained in the Harford County Code, Subdivision Regulations and Road Code, all as amended. Nothing, however, shall be construed to prohibit the subdivider/developer from constructing improvements of a higher type than the minimum required by such regulations. Improvements shall be made in accordance with the following;
(a) 
All improvements shall be completed prior to recordation of the final plat of the subdivision for approval with the Department of Planning and Zoning. This must be in accordance with the specifications and under the supervision of the officials having jurisdiction;
(b) 
In lieu of completing the improvements required, the subdivider/developer shall furnish Harford County with a cash deposit, letter of credit or performance bond executed by a surety company approved by the Department of Law and naming Harford County as sole obligee in an amount sufficient to cover the cost of any or all improvements required to be installed by the subdivider as estimated by Harford County. The posted security shall ensure the actual construction and installation of such improvements; or
(c) 
Upon the written request of the subdivider/developer, in lieu of completing the improvements required, and upon mutual recommendation by the Department of Public Works and Department of Planning and Zoning and approval by the Department of Law, the subdivider/developer shall deposit the cost, as estimated by Harford County, of constructing/installing any and all improvements required in an interest-bearing escrow account with Harford County, thereby insuring the actual construction/installation of such improvements. Such an account may be permitted to be established when:
[1] 
The construction of the road improvement is considered by the Department of Public Works to be infeasible at the time because of existing physical or topographic conditions, or the developer/County is unable to acquire the necessary rights-of-way; or
[2] 
The County has a proposed capital project set forth in the capital improvements program.
(6) 
Phasing. Upon the mutual recommendation of the Department of Public Works and the Department of Planning and Zoning, in subdivisions exceeding 100 lots the improvements may be phased over a period of time and on a schedule to be determined by the Department of Public Works and the Department of Planning and Zoning. The phasing schedule shall be incorporated in the concept plan approval for projects requiring concept plan approval and in the preliminary plan approval for all other projects.
The developer or County will acquire rights-of-way which are necessary to accommodate improvements required by these Regulations.
A. 
To the extent such rights-of-way are owned by persons other than the developer, Harford County, at the developer's request, shall initiate negotiations for the required rights-of-way to be paid for by the developer.
B. 
In the event Harford County or the developer is unable to obtain the necessary rights-of-way through negotiations, Harford County may, at its sole expense, initiate condemnation proceedings in accordance with § 1-29A, as amended, of the Harford County Code, the County shall pay the property owner for rights-of-way acquired under this section.
C. 
To the extent land required for such rights-of-way are owned by the developer, then said rights-of-way shall be conveyed to the County at no cost to the County. A title certificate certifying that the grantor is vested with good and merchantable title shall accompany each deed.
The requirements of § 268-12E(5) (Frontage improvements) and § 268-13 (Rights-of-way) shall not apply to:
A. 
Any project receiving preliminary approval prior to the effective date of Bill 88-53, as amended;
B. 
Minor revisions of preliminary plan approvals as determined by the Department of Planning and Zoning; or
C. 
Minor revisions, as determined by the Department of Planning and Zoning, of subdivision plats recorded prior to the effective date of Bill 88-53, as amended.
A. 
Streets shall connect with existing streets, whether constructed or recorded, where appropriate and shall be arranged to provide access, where needed, in possible adjoining subdivisions.
B. 
The street plan shall give suitable recognition to existing topography and shall provide for good drainage.
C. 
Proposed streets shall provide for appropriate continuation of any existing streets (constructed or recorded) that come to the boundary line of adjoining property, where feasible, unless otherwise recommended by the Department of Public Works.
D. 
Wherever desirable, the street plan shall include a marginal access street of considerable continuity generally parallel to and near any main thoroughfare or controlled-access highway.
E. 
Streets ordinarily shall intersect as nearly at right angles as is practical.
F. 
Cul-de-sac or dead end streets, more than 600 feet in length, may be approved where necessitated by topography or where, in the judgment of the Director of Planning, in consultation with the Director of Public Works, they are appropriate for the type of development contemplated. A turnaround shall be provided at the end of such a street.
G. 
Minor residential streets should be so planned as to discourage use by non-local traffic.
H. 
Where a new subdivision involves frontage on an arterial or higher functionally classified road, particularly a controlled-access highway, the street layout should provide vehicular access to such frontage by 1 of the following means:
(1) 
A parallel street which provides frontage for lots with rear yards that abut the highway, or providing the approach for vehicles to a garden apartment development;
(2) 
A series of culs-de-sac or short loops entered from and planned at right angles to such parallel street, with the rear lines of the terminal lots abutting on the highway; or
(3) 
A marginal access street separated by a planting strip from the highway, to which vehicular access from the marginal access street is provided at points suitably spaced.
Where any of the above-mentioned arrangements is used, deed covenants or other means must prevent residential driveways from having direct access to the highway.
I. 
If a railroad is involved, the street plan should:
(1) 
Make allowance for future underpasses or overpasses where grade separations are probable;
(2) 
Parallel the railroad right-of-way with a street at sufficient distance from the railroad to:
(a) 
Permit lots of more than normal depth, where the rear lines abut the railroad; or
(b) 
Form a buffer yard for park, business, industrial or other appropriate use.
(3) 
Provide culs-de-sac or loops approximately at right angles to the railroad so as to provide lots of more than normal depth to abut the railroad right-of-way.
J. 
Street names shall be cleared through the Emergency Operations Center prior to the time of submission of the final plat. Names shall not duplicate or closely approximate existing street names in Harford County, unless they are extensions of existing or previously planned streets of the same name.
Due to the diversity of development in the County, required pavement widths for roads, bike paths and sidewalks will necessarily vary with the character of building development and the amount of traffic encountered. All streets, roads and intersections shall be established in conformance with the classifications of the road and the standards of the Harford County Road Code, as amended.
A. 
Right-of-way and easement widths.
(1) 
Roads-Minimum right-of-way and easement widths shall be established in conformance with the classifications of the road and the standards of the Harford County Road Code, as amended. The functional classification shall be determined as approved by the Director of Planning and the Director of Public Works.
(2) 
Drainage and utility easements — Minimum easement width for drainage and utility easements shall be determined by the Department of Public Works.
B. 
Private roads. After completing construction of the private road, the developer or any successor in interest to the developer shall:
(1) 
Obtain a statement from a professional engineer licensed by the State of Maryland that, based on site inspections or core samples conducted or obtained by the engineer, the private road has been constructed to the standards of the Harford County Road Code, as amended, and Department of Public Works.
(2) 
Furnish a copy of the statement to the property owners or the association and to the Department of Planning and Zoning. If no association of the subdivision's property owners is to be formed, the developer or any successor in interest to the developer shall, at the time of final plat approval, file in the County land records, a private road agreement:
(a) 
Approved by the Department of Planning and Zoning; and
(b) 
Establishing responsibility for maintenance of the private road.
(3) 
Remain responsible for maintenance of the private road until a developer, who creates a private road, complies with the requirements of the Harford County Road Code, as amended, and this section.
C. 
Residential lots.
(1) 
Every lot shall abut on a street.
(2) 
Corner lots shall have extra width sufficient to meet the setback requirements.
(3) 
Building setback lines shall be established and shown on the plat along all streets in accordance with the Zoning Code of Harford County now in effect or as hereafter amended.
(4) 
All lots, except the first and second lot, shall be served by a development road with the exception that groups not exceeding 6 lots may be served by a common drive, using the provisions for panhandle lots in the Harford County Zoning Code, as amended.
A. 
Minimum requirements.
(1) 
Water and sewer facilities. Where a public water supply or sewerage system is intended to be provided, such facilities shall be installed in accordance with the standards prescribed by the authorities having jurisdiction in each case. A water system shall include standard fire hydrants and water lines of sufficient size to provide standard fire protection. A water line and a sewerage lateral shall be provided for each lot and shall extend to the lot line. Upon completion of the water system, the developer shall furnish the Harford County Volunteer Fire and Ambulance Association with a map showing the system's water main shutoff valves.
(2) 
Storm drainage. Every subdivision shall be provided with a stormwater drainage system adequate to serve the area being platted, including any surface drainage water originating outside the limits of the area, which would ordinarily run through the area being platted, and otherwise meeting the drainage specifications as set forth in the Harford County Road Code and the Stormwater Management Regulations, as amended.
(3) 
Street name signs. Where required, street name signs, of a design and type of construction which meets the approval of and placed in position designated by the Department of Public Works, shall be erected at each highway and/or street intersection. The developer shall install temporary street signs in the development before the County issues a building permit for a lot included in the public works agreement for the development.
(4) 
Utility lines. Extensions of distribution lines necessary to provide electric and telephone service to any residential, commercial or industrial subdivision shall be subject to the underground rules of the Public Service Commission and existing tariffs.
(5) 
Sidewalks of durable all weather surfacing shall be constructed for all new developments in the development envelope.
(6) 
Crosswalks where required shall be constructed in accordance with the width and specifications contained in the Road Code.
B. 
Specifications for supporting detailed plans and data. Plans and profiles shall be submitted in accordance with the Rules and Regulations of the Department of Public Works and the Harford County Code, as amended.
C. 
Inspection and acceptance. All construction work on improvements required herein shall be subject to inspection during and upon completion of construction, by the Harford County Department of Public Works, or by an authorized engineering representative of the County, and to approval and acceptance by such representatives on behalf of the County. The subdivider shall furnish the appropriate agency with accurate and detailed engineering drawings of all improvements as they were actually constructed. No building permits shall be approved until all required improvements have been satisfactorily completed and accepted in compliance herewith, or a satisfactory bond posted. No such bond shall be released until all improvements secured by such bond have been completed and accepted. The Department of Public Works shall, in the event of questions concerning the amount of bond required, make a final decision on the amount or type of bond or guarantee based on at least 2 construction estimates made for the improvements to be accomplished.