A.
For the purposes of these regulations, certain numbers, abbreviations,
terms, and words used herein shall be used, interpreted, and defined
as set forth in this article. Unless the context clearly indicates
to the contrary, words use in the present tense include the future
tense, words used in the plural number include the singular, and the
word "herein" means "in these regulations."
B.
In administering these regulations, "shall" is always mandatory;
"building" includes "structure"; "building" or "structure" means any
part thereof; and "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged, or designed
to be used or occupied."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
For the purpose of these regulations, the following additional
terms are defined as follows:
That point as determined by the Town where stormwater can
be released to a channel without causing scouring, erosion or resulting
sedimentation to the receiving channel or its floodplain. Where necessary,
the outlet shall include structural and vegetative measures to assure
nonerosive velocities.
A way which affords generally a secondary means of vehicular
access to abutting properties and not intended for general traffic
circulation.
A route for which the major function is movement of large
volumes of vehicular through traffic.
The American Society for Testing and Materials.
The solid, undisturbed rock in place either at the ground
surface or beneath surface soil deposits.
A relatively flat area (i.e., less than 2% grade) constructed
on sloping land to planned dimensions and grades. Bench terraces are
applied along the contour with the length and width controlled by
the natural contour and the required erosion limitations.
A tract of land bounded by streets or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, shorelines
of waterways, or boundary lines of the Town.
Any form of security, including a cash deposit, surety bond,
collateral, property, or instrument of credit in an amount and form
satisfactory to the Mayor and Town Council. All bonds shall be approved
by the Mayor and Town Council wherever a bond is required by these
regulations.
A structure having one or more stories and a roof which is
used or intended to be used for the shelter or enclosure of persons,
animals or property.
A line within a lot, so designated on a plat of subdivision,
between which line and the street line of any abutting street no building
or structure may be erected.
A signed written statement that specific constructions, inspections
or tests, where required, have been performed and that such comply
with the applicable requirements.
A street which is intended to collect traffic from the local
streets within a neighborhood or a portion thereof and to distribute
such traffic to major thoroughfares, in addition to providing access
to properties abutting thereon.
Densification of a soil or rock fill by mechanical or other
acceptable procedures.
The Comprehensive Plan adopted by the Town of Indian Head.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
All lands and waters within or adjacent to the Town of Indian
Head as defined in § 8-1807 of the Natural Resources Article,
Annotated Code of Maryland. They include:
All waters of and lands under the Chesapeake Bay and its tributaries
to the head of tide as indicated on the state wetlands maps and all
state and private wetlands designated under Title 16 of the Environment
Article, Annotated Code of Maryland;
All land and water areas within 1,000 feet beyond the landward
boundaries of state or private wetlands and the heads of tides designated
under Title 16 of the Environment Article, Annotated Code of Maryland;
and
Modification to these areas through inclusions or exclusions
proposed by the Town of Indian Head and approved by the Critical Area
Commission for the Chesapeake and Atlantic Coastal Bays as specified
in § 8-1807 of the Natural Resources Article, Annotated
Code of Maryland.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A public way intended for pedestrian use, and excluding motor
vehicles, which cuts across a block in order to furnish improved access
to adjacent streets or properties.
A minor street with one end open for vehicular traffic and
with the other end permanently terminated by a turnaround or backaround
for vehicles.
See "excavation/cut."
A person, partnership, corporation, firm or governmental
agency undertaking or proposing the construction of a building, a
project consisting of interrelated buildings or other construction
and who is primarily financially responsible for the proposal.
A channel, ditch or ridge constructed across a slope so as
to intercept and divert surface runoff.
See "watercourse and/or drainageway."
A grant of the use of a parcel of land to the public, a corporation
or a person for one or more designated purposes without including
title to the land.
See "fill/embankment."
See "professional engineer."
The process by which the ground surface is worn away by the
action of wind or water.
A deposit of cash with the Town in lieu of an amount required
and still in force on a performance or maintenance bond.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated, and shall include the
conditions resulting therefrom.
The vertical location of the existing ground surface prior
to excavating or filling.
A deposit of soil, rock or other materials placed by man.
The final grade or elevation of the ground surface conforming
to the proposed design.
That area which would be inundated by storm runoff or floodwater
equivalent to that which would occur with a flood of fifty-year recurrent
frequency after total development of the watershed, said area being
defined by an elevation plus one foot, below which no development
may take place.
Any stripping, excavating, filling, including hydraulic fill,
stockpiling or any combination thereof, and shall include the land
in its excavated or filled condition.
A permit issued to authorize work to be performed.
The person that is appointed by the Town as the Grading and
Sediment Control Inspector, Building Inspector or Engineer.
Any facility, earthwork or fill placed in a controlled manner
to support structural foundations or vehicular traffic, the instability
of which would constitute a public hazard or nuisance.
A street intended to serve and provide access exclusively
to the properties abutting thereon. Also called "secondary road."
A portion of a subdivision or other parcel of land intended
for the purpose of building development, whether immediate or future.
The width of the lot measured horizontally along the front
street line.
Any building, structure, or improvement on the land on which
it is situated constituting a physical betterment of real property
or any part of such betterment. Certain lot improvements shall be
properly bonded as provided in these regulations.
A lot extending through the block from one street to another.
A street or highway so designated in the Major Thoroughfare
Plan of the Indian Head Comprehensive Plan.
The ground surface in its original state before grading,
stripping, excavation or filling.
Any person to whom a permit is issued.
Includes an individual, a corporation, a partnership, an
incorporated association, an agency or any other similar entity whatsoever.
The Town of Indian Head Planning Commission.
The preliminary drawing or drawings, described in these regulations,
indicating the proposed manner or layout of the subdivision to be
submitted to the Planning Commission for approval.
A person who has been duly registered and licensed to practice
professional architecture and/or landscape architecture under requirements
of state law.
An engineer duly registered by the State of Maryland to practice
professional engineering.
Any grading performed with the approval of and in accordance
with established criteria.
A strip of land used or intended to be used as a street,
sidewalk, sanitary or storm sewer, drainageway or other use. Right-of-way,
for land-plotting purposes, shall be separate and distinct from lots
adjoining such right-of-way and shall not be included in the dimensions
or areas of such lots.
Soils or other surface materials transported by wind or surface
water as a product of erosion.
A passageway for pedestrians, excluding motor vehicles.
That portion of any lot or parcel of land, or combination
of contiguous lots or parcels of land, where grading is performed
or permitted.
The inclined, exposed surface of a fill, excavation or natural
contour.
All earth material of whatever origin that overlies bedrock,
including but not limited to the decomposed zone of bedrock which
can be readily excavated by mechanical equipment.
A slope over 15% grade which is characterized by increased
runoff, erosion and sediment hazards.
Any activity which removes the vegetative surface cover,
including tree removal, clearing, grubbing and storage or removal
of topsoil.
Constructed predominately of rock materials for the purpose
of supporting structures.
Any person, individual, firm, partnership, association, corporation,
estate or trust, or any other group or combination acting as a unit,
dividing or proposing to divide land so as to constitute a subdivision
as defined herein, and including any agent of the subdivider.
Includes resubdivision and, when appropriate to the context,
shall relate to the process of subdividing or to the land subdivided
and means the division of a lot, tract, or parcel of land into two
or more lots, plats, sites, or other divisions of land for the purpose,
whether immediate or future, of transfer of ownership or of building
development.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The incorporated Town of Indian Head, Maryland.
Those perennial and intermittent streams in the Critical
Area which are so noted on the most recent U.S. Geological Survey
7 1/2 minute quadrangle maps (scale 1:24,000) or on more detailed
maps or studies at the discretion of the Town of Indian Head.
Any natural or artificial watercourse, including but not
limited to streams, rivers, creeks, ditches, channels, canals, conduits,
culverts, drains, waterways, gullies, ravines or washes, in which
water flows in a definite direction or course, either continuously
or intermittently, and including any area adjacent thereto which is
subject to inundation by reason of overflow or floodwater.
