A.
The subdivision layout shall generally conform to the City's most
recently adopted Comprehensive Plan and applicable City Code chapters.
B.
All subdivision of land shall conform to the Floodplain Management Regulations in Chapter 78 of the City Code.
C.
Plans for the subdivision of land shall hereinafter be known as "preliminary
plans."
A.
In addition to all other requirements, all subdivision of land which lies within the area designated as the Chesapeake Bay Critical Area shall also meet all requirements of Chapter 49 (Critical Areas) of the City Code. In addition, applications for subdivision of land which lies within the Critical Area shall be forwarded by the Department of Planning to the Chesapeake Bay Critical Area Commission, if so required.
B.
It shall be unlawful to subdivide any parcel of land located within
the Critical Area Resource Conservation Zone (RCA).
A.
Streets and roads shall conform to the Harford County Road Code.
B.
When a tract of land to be subdivided abuts an existing City road,
the subdivider shall, as a condition of subdivision approval, deed
to the City 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.
C.
No streets or roads, public or private, shall be approved over an
active railroad line unless there is an existing and functional at-grade
railroad crossing permitted by the railroad, the railroad company
confirms in writing that the use of the crossing will be permitted
under the subdivision plan, and that such crossing will remain open
at that location. Alternatively, if a railroad crossing is to be closed
by the railroad company or by recommendation of the owner or developer,
such closure must be shown on the subdivision plan together with alternate
vehicle access demonstrating compliance with the Harford County Road
Code, and the City Code, and showing adequate access for emergency
vehicles. Any subdivision plan requiring closure of an at-grade railroad
crossing, whether public or private, will require the approval of
City Council by resolution.
[Added 1-4-2021 by Ord. No. 1046]
D.
No private roads will be permitted over railroad crossings as part
of a subdivision plan unless such portion of the road crossing over
the railroad is compliant with the Harford County Road Code and such
road portion is dedicated to the City for public use as part of a
public works agreement.
[Added 1-4-2021 by Ord. No. 1046]
B.
No subdivision or development shall be approved unless it directly
accesses an existing paved road network. All roads providing access
from a subdivision/development to an existing paved City, county or
state road shall be constructed to the appropriate county road specifications
by the subdivider/developer. A public works agreement shall be executed
as required by the City Code for the construction of any public or
private road within a subdivision.
C.
Construction of access road. Any new or existing road right-of-way
or accessway, leading from an existing City, 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 Harford County Road Code, unless
otherwise provided for herein.
D.
Frontage improvements.
(1)
Proposed developments, including residential, business, industrial
or institutional developments or subdivisions to be constructed along
existing City roadways, will be required to improve City roadways
along their property in order to provide safe ingress and egress to
the site and to mitigate the impact of that development as determined
by the Director of Public Works. Should construction of the roadway
be deemed infeasible or impracticable at the time of development by
the Director of Public Works, the developer may deposit the estimated
construction cost in an account with the City for the future improvements
of that roadway to the designated county road standards.
(3)
The extent of the road improvements required pursuant to this section
shall be determined by the Department of Public Works with the concurrence
of the Department of Planning prior to the plan being submitted for
review by the Planning Commission.
(4)
Construction of road improvements shall be required of a property
owner pursuant to this section, if one 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;
(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; or
(d)
Inadequate provisions for safe vehicular ingress and/or egress,
due to inadequate sight distance, geometric conditions, inadequate
traffic gaps, or other such conditions as may be determined by a traffic
impact study prepared by the developer.
(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 City Code and Harford County Road Code. 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 by the Department of
Planning. This must be in accordance with the specifications and under
the supervision of the officials having jurisdiction, and upon posting
of a maintenance bond not less than 10% of the cost of said improvements
determined by 120% of the engineer's estimate approved by the City,
and for a period of no less than one year;
(b)
In lieu of completing the improvements required, the subdivider/developer
shall furnish the City with a cash deposit, letter of credit or performance
bond executed by a surety company approved by the City attorney and
naming the City 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 the City, but no less than 120% of the engineer's
estimate approved by the City and with a minimum of 10% of that amount
posted in cash. 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 approval by the City attorney, the subdivider/developer shall deposit the cost, as determined above in Subsection D(5)(b) and as estimated by the City, of constructing/installing any and all improvements required, with the City, thereby insuring the actual construction/installation of such improvements. Such deposit may be permitted 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 is unable
to acquire the necessary rights-of-way; or
[2]
The City has a proposed capital project set forth in the capital
improvements program to accomplish the same or similar improvements.
(6)
Phasing. Upon the mutual recommendation of the Department of Public
Works and the Department of Planning, in subdivisions exceeding 50
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. The phasing schedule shall be incorporated
in the preliminary plan approval for the project. Where elements of
the proposed phased improvements are essential to meet the various
standards herein, including but not limited to providing essential
public safety, safe and efficient vehicular ingress, ingress and/or
circulation, adequate public water supply, wastewater conveyance,
stormwater management requirements or other required improvements,
the Planning Commission may establish milestones by which certain
improvements must be completed, penalties for the lack of timely completion,
along with provisions for specific performance bonding or other guarantees
assuring the completion for the residents of the City of Havre de
Grace, irrespective of whether such infrastructure is intended to
be maintained privately or publicly.
A.
Streets shall connect with existing streets, whether constructed
or recorded, where appropriate and shall be arranged to provide access,
where needed, to 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.
Streets ordinarily shall intersect as nearly at right angles as is
practical.
E.
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. The turnaround
shall be designed to accommodate school buses and other similar commercial
vehicles.
F.
All streets within a subdivision shall be designed with regard to
access by fire apparatus in the event of an emergency.
(1)
Culs-de-sac shall be designed to facilitate suitable turning movements
in accordance with the National Fire Protection Association (NFPA)
requirements contained within Part 1 and 1141.
(2)
The Department of Planning shall solicit comments from the chief
of the local fire department during review of any preliminary plan
that proposes public/private roads or common driveways that serve
more than two lots. The Department of Planning shall include the comments
from the fire chief in the staff report presented to the Planning
Commission.
G.
Minor residential streets should be so planned as to discourage use
by nonlocal traffic.
H.
Frontage of new subdivision on highway.
(1)
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 one of the following means:
(a)
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;
(b)
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
(c)
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.
(2)
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:
J.
Street names shall be approved by the Harford County Division of
Emergency Services 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 City, 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.
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. 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 approved by the City
and 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 and Department of Public Works.
(2)
The developer shall furnish a copy of the statement to the property
owners or the association and to the Department of Planning.
(3)
The property owner's association document or separate private road
agreement shall:
(a)
Be approved by the Department of Planning; and
(b)
Establish responsibility for maintenance of the private road.
(c)
The developer or his successor shall remain responsible for
the private road until a developer who creates a private road complies
with the requirements of the Harford County Road Code.
C.
Placement of 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 and drainage and utility easements shall be
established and shown on the plat along all streets in accordance
with the City Code 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 four lots may be
served by a common drive.
(5)
No more than 10% of the lots within a subdivision shall be panhandle
lots.
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 fire companies and
ambulance corps serving the City of Havre de Grace with a map showing
the system's fire hydrants and 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 Chapter 169 of the City Code, Stormwater Management.
(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 City 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 City, unless determined to be infeasible
by the Director of Public Works and the Director of Planning.
(6)
Crosswalks, where required, shall be constructed in accordance with
the width and specifications contained in the Road Code, and may be
required to use differentiations in color, materials and/or textures
to incorporate traffic-calming effects.
(7)
Streetlighting shall be provided in accordance with the Harford County
Road Code or as required by the Director of Public Works.
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 City Code.
C.
Inspection and acceptance. All construction work on improvements
required herein, whether intended for private or public maintenance,
shall be subject to inspection during and upon completion of construction,
by the Department of Public Works, or by an authorized engineering
representative of the City, and to approval and acceptance by such
representatives on behalf of the City. The subdivider shall furnish
the appropriate agency with accurate and detailed as-built engineering
drawings of all improvements as they were actually constructed, in
both durable reproducible plan and electronic means, compatible with
the City of Havre de Grace resources. 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 two construction estimates made for the improvements
to be accomplished.
[Added 5-16-2022 by Ord.
No. 1074]
Open space shall be provided in new subdivisions as required by Chapter 205, Zoning, of the City Code and the Planning Commission.
A.
When
so required, the preliminary plan shall show all areas of passive
and active open space proposed within a subdivision.
(1)
The preliminary plan shall provide information on the total amount
of proposed open space and the type of active open space proposed
to meet applicable Code requirements.
(2)
Areas of active open space shall be available for use by residents
of the community prior to the completion of 50% of the units in a
subdivision.
(a)
Building permits for additional units shall not be approved until
the active open space amenities have been installed or constructed
and approved by the Director of Planning, or a certificate of occupancy
has been issued.
(b)
The Director of Planning may approve a phasing plan for the installation
or construction of active open space amenities for subdivisions of
greater than 50 lots.
(3)
The open space shall be easily and safely accessible to the residents
and protective of natural features.
(4)
Areas of active open space shall be graded in a manner conducive
to active recreation as approved by the Directors of Planning and
Public Works.
(5)
When trails are proposed to meet an active open space requirement,
they shall be constructed of macadam with a minimum width of five
feet. The Director of Planning may approve alternatives to macadam
for portions of trails in environmentally sensitive areas.
B.
Any
open space area within a community designed and approved under this
section shall not be converted to another use or altered or disturbed
in any way without review and approval by the Planning Commission.
