Title 16: Subdivisions

16.04 General Provisions
16.08 General Requirements
16.12 Procedures Generally
16.16 Design Standards
16.20 Improvements
16.24 Preliminary Plats
16.28 Final Plats
16.32 Modifications and Exceptions
16.36 Fees
16.40 Amendments
16.44 Appeals
16.48 Forest Conservation

Chapter 16.04 GENERAL PROVISIONS

16.04.010 Purpose of provisions.

1. In the best interests of the town and to assist the subdivider in harmonizing his interests with those of the town, the following regulations are adopted in order that adherence to same will bring results that are beneficial to both parties. It is deemed necessary to establish minimum standards for the design and development of all new subdivisions in order to eliminate piecemeal planning, insure sound community growth, assure and safeguard the provision of quality facilities, protect the interests of the homeowner, the subdivider and the local government.
    

2. It shall be the duty of the Emmitsburg planning commission and the mayor and commissioners to require that all regulations set forth in this title be complied with, before giving their approval to subdivisions as defined herein. It is the purpose of this title to make regulations and requirements for the platting of land which the mayor and commissioners of Emmitsburg deem necessary for the health, safety, and general welfare of the citizens. (Prior code Appx. B Art. I)

16.04.020 Jurisdiction.

In accordance with the authority granted by Article 66B of the Annotated Code of Maryland, 1961 Edition, as amended, this title is adopted by the town of Emmitsburg, Maryland governing the subdivision of all lands within the corporate limits of the town. (Prior code Appx. B Art. II)

16.04.030 Administration.

The following offices of the government of Emmitsburg are concerned with the administration of this title. (Prior code Appx. B Art. III § 3.1)

16.04.040 Mayor and commission.

The mayor and commission are vested with the following responsibilities with regard to subdivision control:

1. Amendment of the regulations of this title when found necessary and desirable;
    

2. Initiation of appropriate proceedings to enforce the provisions of this title. (Ord. 99-05 (part): prior code Appx. B Art. 3 § 3.2)

16.04.050 Town planning and zoning commission.

The planning commission shall administer this title, and in furtherance of said authority, shall:

1. Maintain permanent and current records of this title, including amendments thereto;
    

2. Receive and file all preliminary plats and final plats (together with applications);
    

3. Forward copies of the preliminary and final plat to other town, county, and state offices and agencies for their recommendations and report wherever appropriate;
    

4. Receive, file, and check for compliance with regulations, all final plats;
    

5. Make all other determinations required by the regulations herein. (Prior code Appx. B Art. III § 3.3)

16.04.060 Definitions.

• "Alley" means a public right-of-way which affords only a secondary means of access to abutting properties. Alleys shall not be used as the sole access to a subdivision. (See also Section ).

• "Block" means a tract of land within a subdivision that is entirely bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, waterways or corporate boundary lines of the town.

• "Building setback line" means a line within a lot or parcel of land, so designated on the plats, between which line and a street no building or structure may be erected.

• "Comprehensive plan" is also referred to as the master plan of Emmitsburg, Maryland.

• "County master highway plan" means the official plan of major roads, highways, streets and other ways adopted by the Frederick County Planning and Zoning Commission and approved by the board of county commissioners of Frederick County on November 25, 1959, and as amended in accordance with Article 66B of the Annotated Code of Maryland.

• "County plans" means the officially adopted master plans for the comprehensive development of Frederick County, or any part of such plan or any amendments thereto.

• "Crosswalk" means a public or private right-of-way which cuts through a block and used exclusively by pedestrians.

• "Developers" means the owner(s) or agent(s) under legal authority of the owner(s) who undertake to cause a parcel of land to be designed, subdivided, developed and recorded as a subdivision.

• "Easement" means a grant by a property owner of the use of land for use, construction or maintenance of facilities, utilities, drainage or access without giving up title to the land.

• "Improvements" means changes and additions to land necessary to prepare it for building development sites, future use and including street paving and curbing, grading, monuments, drainage ways, sewers, fire hydrants, water mains, sidewalks and other public works and appurtenances.

• "Lot" means a parcel or portion of land separated from other parcels or portions either by descriptions as on a subdivision plat or a recorded survey map, or by metes and bounds, for the purpose of transfer, sale, lease or other changes in ownership or use.

• "Lot, double frontage" means a lot extending through the block from one street to another.

• "Performance bond" means a surety bond or cash deposit made out to the town in an amount equal to the full cost of the improvements which are required by this title, and said surety bond or cash deposit being legally sufficient to secure to the town that said improvements will be constructed in accordance with this title.

• "Planning commission" means the planning commission of the town.

• "Street" means an improved right-of-way dedicated to public use, which serves as a primary access to abutting lands.

• "Street, collector" means a street which, in addition to providing ingress to properties abutting thereon, is intended to collect traffic from, or distribute it to a series of local access streets within a neighborhood.

• "Outlot" means a parcel of land within a subdivision and which has been included on a preliminary or final plat but not designated as a building lot due to insufficient size and/or frontage or peculiar site or topographical problems. Outlots shall be provided where necessary to provide an appropriate future street pattern..

• "Street, local" means a street intended to serve and provide access exclusively to the properties abutting thereon, and not to be used as a channel for through traffic.

• "Street, private" means any street which is under the jurisdiction of an individual, corporation, or trustee, or any street which is privately owned, established, constructed, or maintained.

• "Street, service road" means a road not serving as a collector road, but merely providing access to properties fronting on a highway, which road is contiguous and parallel to the major highway. Adjacent here shall mean that no structure shall be built between the service road and the major highway.

• "Subdivision" means any division of land for the purpose, whether immediate or future, of transfer of ownership or building development or any change in existing street lines, right-of-way, or public easement.

• Technical Advisory Committee. In order to assist developers in getting information concerning these regulations, the planning commission may organize a "technical advisory committee."

The committee will meet at intervals necessary to enable developers to conveniently contact all departments involved. The developer shall prepare a preliminary plat before meeting with the committee. The committee may be composed of staff members of both the Emmitsburg and county planning commissions, state Roads Commission, county roads board, county health department, metropolitan commission, county soil conservation committee, and any other department or agency concerned with development. (Prior code Appx. B Art. V)

16.04.070 Saving clause.

If any section or chapter of these regulations is found to be unconstitutional or illegal by the court, the said section or chapter will cease to be effective until an amendment is made and adopted. The unconstitutionality of any section or chapter, however, shall have no bearing on the effectiveness of the remainder of these regulations. (Prior code Appx. B Art. XIII)

16.04 General Provisions
16.08 General Requirements
16.12 Procedures Generally
16.16 Design Standards
16.20 Improvements
16.24 Preliminary Plats
16.28 Final Plats
16.32 Modifications and Exceptions
16.36 Fees
16.40 Amendments
16.44 Appeals
16.48 Forest Conservation