A.
Applicability of provisions. Unless specifically indicated
otherwise, the provisions of this Article shall apply only to major
subdivisions and rural major subdivisions.
[Amended 12-12-1989 by Ord. No. 89-009]
B.
Compliance with required standards and specifications.
All improvements shall conform to the standards, specifications and
all other requirements contained in the Caroline County Design Standards
and Specifications or otherwise adopted by the County Commissioners
of Caroline County, the Caroline County Roads Board or by such other
agency as may have jurisdiction over each facility. Any deviation
from the required standards and specifications shall be fully detailed
and approved by the applicable agency.
C.
Dedication and acceptance. All required improvements
shall be deemed to have been offered for dedication to public ownership.
However, the offer of dedication of any such facility shall not be
accepted without inspection and formal written resolution by the appropriate
agency or body.
D.
Rental occupancy developments. In residential, commercial
or industrial developments designed and used exclusively for rental
occupancy under single ownership, responsibility for roads and other
required improvements may be retained by the owner. However, such
improvements shall meet the minimum requirements of the Caroline County
Design Standards and Specifications.
[Amended 10-28-1980; 3-3-1998 by Ord. No. 98-005]
A.
All lots shall have frontage on and legal access to
an existing County road or on a subdivision road constructed by the
subdivider. Open section construction may be utilized where all lots
are greater than 20,000 square feet in area.
[Amended 12-14-1999 by Ord. No. 99-002]
B.
All subdivision roads shall have a right-of-way at
least 50 feet in width. In addition, the subdivider shall dedicate
such additional rights-of-way or easements as the County Engineer
deems necessary for existing or planned roads, drainage and utilities.
Prior to approval of a subdivision lot, the subdivider shall dedicate
a minimum width of 25 feet from the center line of all county roads
that adjoin the lot and the residual portion of the parcel. If deemed
necessary by the County Engineer, a deed conveying fee-simple title
to all road rights-of-way shall be provided by the subdivider.[1]
[1]
Editor's Note: A sample of the form providing
a deed to convey title to roads or other public improvements is on
file in the County Planning and Codes Administration office, a copy
of which may be obtained during normal business hours.
C.
Closed section construction shall be utilized for
all subdivisions where any lot is less than 20,000 square feet in
area and where two-family or multifamily residential, commercial or
industrial development is proposed.
[Added 12-12-1989 by Ord. No. 89-009]
A.
The additional provisions of this section shall apply
to a rural major subdivision only if some or all of the lots are the
result of an approved transfer of subdivision development rights under
Article VIII.
B.
All required improvements, right-of-way requirements,
design standards, and requirements for submission of improvement plans
applicable to major subdivisions shall also apply to rural major subdivisions
except as specifically altered by this section.
C.
A subdivider may elect to defer the paving of roads in a rural major subdivision, in which case the requirements for guaranties for construction for the road paving in § 162-22B(2) of this chapter shall not apply.
D.
Prior to final plat approval the subdivider shall
enter into a written agreement with the County Roads Board, which
shall be recorded in the land records of Caroline County. Said agreement
shall bind the subdivider, his successors and assigns, and any future
lot purchasers to pay for the future completion of road improvements
by means of a front footage assessment.
E.
This section shall not become effective until after
the County Roads Board has adopted minimum standards for the initial
improvement by the Subdivider of Roads in rural major subdivisions,
and procedures for the determination and collection of front footage
assessment charges.
F.
The subdivider shall provide all lot purchasers with
a copy of the recorded agreement.
G.
The actual amount of the front footage assessment
shall be based on the total true cost to the County Roads Board to
improve the road in the rural major subdivision to the current County
standards applicable to that class of road and shall include, if applicable,
entrance culverts to each lot and financing costs for the assessment
period.
H.
The front footage assessment shall be determined and
assessed when the building permit for the fifth dwelling unit in the
rural major subdivision has been approved. Nothing in this section
shall prohibit the subdivider or the owners of 51% or more of the
road frontage from requesting the front footage assessment and road
improvement at an earlier date.
I.
Upon determination of the front foot assessment, the
County Roads Board shall place the road in its construction schedule.
J.
The County Roads Board shall have no responsibility
for maintenance or improvement of the road until after the front footage
assessment is determined and assessed.
The Planning Commission may require the installation
of sidewalks where:
A.
Any lot is smaller than 20,000 square feet in area;
B.
Two-family or multifamily residential development
is proposed;
C.
Commercial or industrial development is proposed;
or
D.
They are desirable because of the character of the
neighborhood to continue sidewalks that are existing or proposed in
adjoining subdivisions or to provide pedestrian access to community
facilities, schools, shopping and recreation areas.
A.
Every subdivision shall be provided with a positive
drainage system adequate to collect and dispose of all water originating
on or flowing across the property without inundating or damaging roads,
lots or other property.
B.
The subdivider shall demonstrate that an adequate
drainage outlet exists or shall be responsible for providing such
an outlet.
C.
Where any lots front on a County road or an open section
construction subdivision road, the County Engineer shall determine
when an entrance pipe is necessary for adequate drainage. The final
plat and/or road construction plans shall include the specifications
for the entrance pipes as approved by the County Engineer.
[Amended 12-14-1999 by Ord. No. 99-002]
Where required by the Caroline County Erosion
and Sediment Control Ordinance,[1] grading and sediment control plans shall be approved prior
to the start of any grading, excavation, fill or other construction
activities integral to the development of the subdivision, including
roads, drainage ditches, sediment basins and buildings.
A.
All major subdivision lots shall provide for either
individual or community water supply and sewerage facilities. Individual
facilities may be utilized where existing or planned community facilities
are not reasonably available or where the Planning Commission determines
that they are suitable for the proposed development, considering but
not limited to factors such as its relationship to the Comprehensive
Plan; zoning district classification; number of lots; type of development;
soils, topography and other physical site characteristics; and location
with respect to other development, towns and existing community water
supply and sewerage facilities.
B.
Where determined appropriate by the Planning Commission,
all subdivisions shall be designed so as to allow the future installation
of community water supply and sewerage facilities in the most efficient
and economical manner. Utility easements shall be reserved in all
locations necessary for the future installation of community facilities.
C.
Where individual water supply or sewerage facilities
are used, the plat shall include a note using language approved by
the Planning Commission indicating that such systems are interim and
that they shall be discontinued and connection made to community facilities
when they become available.[1]
[1]
Editor's Note: A sample of the Health Department
certificate approving interim individual water and sewerage systems
is on file in the Health Department office, a copy of which may be
obtained during regular business hours.
Every subdivision lot shall be provided with
underground electric and telephone facilities, to be installed at
the subdivider's cost.
A.
Monuments shall be placed at all lot corners; points
of curvature, intersection or tangency; angle breaks; and any other
points as may be necessary to identify the location of boundaries.
B.
Monuments at lot corners adjoining a road shall be
stone or concrete at least 20 inches in length. Monuments at other
points may be either stone or concrete or steel bars or iron pipes
at least five-eighths (5/8) inch in diameter and 18 inches long.
C.
The placement of all monuments shall comply with the
requirements of § 3-108 of the Real Property Article of
the Annotated Code of Maryland.
D.
Monuments shall be placed only by a registered land
surveyor.
E.
All monuments shall be placed prior to final plat approval or their placement shall be guaranteed as provided under § 162-22B(2) of this chapter. However, monuments shall be placed prior to the acceptance of roads. No lot shall be transferred or sold until after all monuments defining the lot have been placed.
