Town of Smithsburg, MD
Washington County
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Table of Contents
Table of Contents
All new development shall be served by an adequate network of existing and proposed new roads.
A. 
The Planning Commission may exempt from the terms of this article the subdivision of an original tract of land into no more than five lots, provided that there exists in the original tract of land 25 acres per each lot subdivided and the road in front of each lot to be subdivided is no less than 16 feet in width. Any subdivision which results in the maximum number of lots allowed under this subsection shall contain a statement on the plat, signed by the owner, that certifies that any transfer of the remaining lands cannot be developed upon or subdivided for the purpose of development until such time that the county road has been improved and determined to be adequate under the terms of this chapter, nor can said remaining lands be used to qualify for additional exemptions under this subsection.
B. 
The Planning Commission may exempt from the terms of this article the subdivision of land used for transfer to a member of the immediate family of the owner(s) of the original tract of land, provided that the road width in front of the lots to be subdivided is no less than 16 feet. Any such subdivision shall contain a statement on the plat, signed by the owner, that:
(1) 
Certifies the intent of the owner to transfer the land only to a member of the immediate family; and
(2) 
Expressly warrants that no conveyance of the lot will be made to anyone not a member of the immediate family for a period of 10 years, except as may be required to satisfy a mortgagee in case of loan foreclosure.
C. 
Where the Planning Commission finds that extraordinary hardship will result from strict compliance with this article because of alteration to existing historic structures, including bridges, as determined by the County's Historic District Commission, the Planning Commission may approve a subdivision so that substantial justice may be done and the public interest secured.
A. 
New public roads to be built as part of the new development shall be constructed to the standards adopted by the Town or the design and construction specifications as adopted by the State Highway Administration.
B. 
The type of road to be built shall be based on the projected volume of traffic determined by the Town Engineer and/or the State Highway Administration that will be generated by the new development in accordance with the aforementioned standards, as amended.
C. 
The Town Engineer, the Planning Commission and/or the State Highway Administration may require a traffic impact study for proposed commercial or residential development to be provided by the developer in order to determine which specification set forth in Subsection A above is applicable to the new development.
Existing public roads that serve the new development shall, at a minimum, meet either applicable Town standards, if a Town road; the standards contained in the Washington County Engineering and Construction Department publication titled "A Policy To Determine Adequacy of Existing Roadway for Additional Development," as amended, if the existing road is a county road; or the Guidelines for Traffic Impact Reports/Studies, as amended, if the existing road is a state highway. Such roads are to meet the above standards as a condition precedent to approval of the proposed new development.
A. 
The portion of the existing roads required to be adequate for the proposed new development shall be from its intersection with any new road in the new development, in the direction of traffic flow determined by the Planning Commission after receiving a recommendation from the Town Engineer and/or the State Highway Administration, to the nearest designated intersection with a road determined by the Planning Commission to be adequate to support the projected traffic volume generated by the development.
B. 
The portion of the existing roads to be adequate for proposed new development that does not include the construction of new public streets shall be the road frontage of all new or existing lots containing the proposed new development and the remainder of the roads in the anticipated direction of traffic flow, as determined by the Planning Commission after receiving the recommendation from the Town Engineer and/or the State Highway Administration, to the nearest designated intersection with a road determined to be adequate to support the projected traffic volume generated by the new development. The Planning Commission may require that roads be adequate in several directions or in any one direction from the location of the proposed new development.
C. 
In evaluating the adequacy of the existing roads or the improvements necessary to make the existing roads adequate, the Planning Commission shall consider the following:
(1) 
Existing traffic.
(2) 
Traffic projected to be generated by the development.
(3) 
Traffic projected to be generated by other approved but not constructed development.
(4) 
Improvements scheduled or approved and funded in the adopted Town or Washington County capital improvements program to take place within two years from the anticipated date of final plat approval.
(5) 
Improvements with full funding within the six-year schedule in the Maryland Department of Transportation's Consolidated Transportation Program.
(6) 
Traffic studies that may be required by the Town Engineer and/or the State Highway Administration.
(7) 
Any other information that may reasonably be required by the Town Engineer, State Highway Administration, or the Planning Commission to effectively evaluate the road network or information supplied by the developer.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Except as otherwise provided in this chapter, if an existing road is determined by the Planning Commission to be inadequate to accommodate the traffic flow projected to be generated from the new development when combined with existing traffic flow, the new development shall not be approved.
B. 
In instances where the existing county road is determined to be below the minimum standards as set forth in § 300-15, the person chairing the Planning Commission, or the Code Enforcement Officer of the Town, acting on behalf of the Planning Commission, shall disapprove any proposed application for new development.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).