1.  

 
 
Town of Emmitsburg
300A S. Seton Ave Emmitsburg, Maryland
21727
240-629-6300

Code Index | Title: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17

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 16.16: Design Standards

16.16.010 Generally.

The standards of design herein contained are intended only as minimum requirements, and the developer should use standards consistent with the site conditions so as to assure a high-quality, pleasant, and durable neighborhood. All subdivisions shall conform to the official town or county master plan. (Prior code Appx. B Art. VII 7.1)

16.16.020 Improve adverse physical conditions.

The subdivision of land subject to flooding by a fifty-year storm or less as determined by the standards set by the Maryland Department of Geology and Mines, or its successor will not be approved. A plat of a proposed subdivision located in an area having poor drainage or otherwise adverse physical conditions may be approved; provided, the subdivider agrees to make such improvements as in the judgment of the mayor and commission render the subdivision substantially safe and otherwise acceptable for residential use, and furnishes a performance bond or gives other guarantee satisfactory to the mayor and commission, sufficient to cover the cost of such improvements as estimated by the officials having jurisdiction. (Prior code Appx. B Art. VII 7.2)

16.16.030 Street design standards.

  1.  

  1. The arrangement, character, extent, width, grade, and location of all streets shall conform to a plan for the most safe advantageous development of adjoining areas and the entire neighborhood.

  2. Dead end streets (excluding cul-de-sacs) shall be prohibited.

  1. All streets shall be considered in their relation to:

    1. Existing and planned streets;

    2. Topographical conditions;

    3. Public conveniences and safety;

    4. Uses of the land.
       

  2. Where such is not shown on the master plan, the arrangement of streets in a subdivision shall either:

    1. Provide for the continuation or appropriate protection of existing principal streets; or

    2. Conform to a plan for the neighborhood approved or adopted by the planning commission to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable.
       

  3. Where a subdivision abuts or contains an existing or proposed highway, primary thoroughfare, or other disadvantageous use, the commission may impose requirements concerning streets, access drives, service requirements as may be necessary to insure the character of the neighborhood.
     

  4. Access. Reserve strips controlling access to streets or alleys shall be prohibited.
     

  5. Alignment.

    1. Where appropriate to design, proposed streets shall be continuous and in alignment with existing, planned, or platted streets with which they are to connect.

    2. Street jogs with center line offsets of less than one hundred twenty-five (125) feet shall be avoided.

    3. When connecting street lines deflect by more than ten degrees and not more than forty-five (45) degrees, they shall be connected by a curve with a radius of not less than one hundred (100) feet for minor streets and three hundred (300) feet for collector streets.

    4. The radii of curves on the center lines shall not be less than the following:

      1. Collector streets, two hundred (200) feet;

      2. Local access streets and service roads, one hundred fifty (150) feet.

    5. Between reverse curves on collector and local access streets shall be a tangent at least one hundred (100) feet long.

    6. Minimum sight distance (over a hill) shall be one hundred fifty (150) feet on local streets and two hundred (200) feet on collectors.
       

  6. Alleys.

    1. Alleys shall be included in all commercial and industrial areas if no other provisions are made for adequate access to parking and loading spaces. Alleys will not be approved in residential districts. In the absence of alleys, easements will be required for utility lines or drainage.

    2. An alley may be used as the principal means of access to a subdivision only if the developer improves that alley to the following specifications. (This applies only to those alleys shown in subsection (T) of this section existing at the time of adoption of this title.)

    3. Right-of-Way. Twenty-five feet from the center line of the existing alley to be dedicated to the town.

    4. Pavement. Minimum width of twenty (20) feet to be located within the right-of-way as specified by the town and to be placed from the nearest street to and in front of the access point to the subdivision.

    5. Curb and Gutter. Required only along that side of the alley being subdivided or developed.

    6. Sidewalk. Minimum width of four feet along the entire front footage of the property.
       

  7. Cul-de-sac. Cul-de-sac type streets shall be no longer than eight hundred (800) feet, unless the planning commission feels that due to topography a longer cul-de-sac would be appropriate. All cul-de-sacs shall be provided with a turnaround at the closed end having a minimum right-of-way radius of fifty (50) feet and the roadway having a minimum of forty (40) feet to the exterior curb line.
     

  8. Grades.

    1. Grades will not be less than one-half of one percent in order to promote proper drainage. Unless approved by the mayor and commission, grades shall not exceed the following:

      1. Local access streets, service roads and alleys, ten percent;

      2. Collector streets, seven percent;

      3. Major thoroughfares, five percent.

    2. All changes in grade shall be connected by vertical curves of sufficient radius to provide smooth transition and proper sight distances.

    3. Grades at the point of intersection of two streets shall be three percent or less for a distance of thirty (30) feet in all directions from the point of intersection.
       

  9. Half-Width Streets. Subdivisions adjoining dedicated, reserved or platted and recorded half-width streets or alleys shall dedicate or reserve an additional right-of-way width sufficient to bring the overall street to the width requirements of this chapter.
     

  10. Spacing. Streets shall be spaced to allow for blocks meeting the dimensional requirements specified herein. The number of intersections along highways and other major roads shall be held to a minimum, normally spaced as indicated in subsection (L) of this section.
     

  11. Minimize Interference with Through Traffic. Land abutting the highways and principal collectors as designated by the town's major streets plan should be platted with the view of making the lots, if for residential use, desirable for such use by cushioning the impact of heavy traffic on such highways, roads, and streets as well as accident hazards from all kinds of subdivisions. 

    This may done:

    1. By backing the lots upon the highway so that they front on and have access from a parallel minor street one-half block away;

    2. By arranging the lots around a series of loop streets or dead-end streets stemming from a collector street. Such loops or dead-ends shall be one lot depth away from the highway. The choice between the foregoing or other methods for accomplishing the desired purpose in a specific case must necessarily be made in consideration of topography and other physical conditions, the character of existing and contemplated developments, and other pertinent factors. In all cases the minimum distance between street connections on major collectors and access streets shall be four hundred feet.
       

  12. Outlots. Outlots shall be provided where necessary for access to adjoining properties or where necessary to provide an appropriate future street pattern.
     

  13. Private Streets. Private streets will not be approved. This condition will be noted on the final plat. Common driveways leading to individual lots or driveways leading to common parking areas such as in a multi-family residential protect shall not be considered streets.
     

  14. Street Names, Street names shall be subject to approval by the mayor and commission. Names shall not duplicate or closely approximate existing street names in the town except for extensions of existing streets.
     

  15. Right-of-Way Width--Pavement Width. Minimum widths for the right-of-way of streets, alleys and easements shall be as follows (extra widths may be required where necessary): 
     
        ROW (feet) Pavement (feet)
    1 Collector Streets 60 34* or 40**
    2 Local Access
     Single-family detached and
     two family
     Town house
     Multi-family
     Commercial
     Industrial
    50 or 40

    see 3S for Standards and design 

     
    50
    50
    32* or 24***
     
     
     
     
    40
    40 or 24****
    3 Service Roads 40 24
    4 Cul-de-sacs 50 radius 40 radius
    5 Alleys 20 -
    6 Crosswalks 10 5 if needed
    7 Easements (utility) 6 -
    8 Easements (drainage) What the mayor and commission feels is necessary  

*      Parking along one side of street only
**    Parking along both sides of street
***  For single-family lots with a minimum lot width (at the building restriction line) of
       one hundred (100) feet and a minimum area of twenty thousand (20,000) square
       feet.  Also a minimum of four off-street parking spaces must be provided-per
       residential unit.
****With no on street parking.
 
NOTE:  Off-street parking spaces do not include garage parking

  1. Curbs, Gutters and Sidewalks. These shall be provided in all residential subdivisions where the average lot width is two hundred (200) feet or less, and in front of all nonresidential lots except where options listed in subsections U and/or V of this section are employed. The face of the curb shall be located on the line of the outside edge of the required pavement. The construction of these facilities shall be in conformity with the specifications and standards adopted or may hereafter be adopted by the town.
     

  2. Intersections.

    1. Street intersections shall be as nearly at right angles as is possible and in no case shall be less than sixty (60) degrees (requirements for intersection with state roads shall not be less than seventy (70) degrees or greater than one hundred ten (110) degrees). The block corner of street intersections with county or state highways shall be rounded on the right-of-way line with a curve having a radius of not less than twenty-five (25) feet; at minor residential street intersections the minimum radius shall be not less than twenty (20) feet.

    2. Curbs at street intersections shall be rounded off centrically with the property line. At street intersections with State highways the street curb or edges of paving shall be rounded off by an arc, the minimum radius of which shall be thirty (30) feet. A street intersection with the state highway will be subject to the rules and regulations of the Maryland State Roads Commission.

    3. Intersections of more than two streets at a point shall be prohibited.
        

  3. On existing (as of date) Lots Served by Existing Streets. Plans for parking and vehicular circulation shall be reviewed by the planning commission and town board with a view towards making the use of existing lots-of-record safe, suitable and efficient for town house and multi-family development if so zoned for such use. It is recognized that the use of existing lots-of-record off of existing streets may cause the need for variance to these subdivision regulations because of irregular shaped lot or location of the lot. However, the fact that the use of the full density is not possible in order to meet safety requirements and provide a development that will not detract from property values shall not be cause for varying the standards.

    1. Parking shall be off the street right-of-way;

    2. Two way streets or drives shall not have less than twenty (20) feet of pavement measured curb to curb;

    3. One way streets or drives shall not have less than twelve (12) feet of pavement measured curb to curb;

    4. The wish for parking on the street shall cause to be added an additional eight feet of pavement width per parking lane to subsections (S)(2) and (3) of this section;

    5. Aisle and stall dimensions shall not be varied;

    6. All standards shall be as close to those listed for new developments involving new streets as is possible;

    7. The backing of vehicles out onto public through (as opposed to loop or cul-de-sac streets) shall be avoided.
       

  4. Street Standards for New Town House and Multi-family Developments.

    1. Rights-of-way (ROW), pavement, curb, sidewalks. (Contact town office for current specifications)
        Public Street Private Street*
      **Row 40 feet None
      Pavement 24 feet 24 feet
      Curb (6") Yes Yes
      Sidewalk (adjacent to curb) 4 feet 4 feet

          *  Private streets refer to those streets serving rental projects exclusively or 
             serving as parking bays.  It is not a town policy to maintain such streets.
        ** An easement or right-of-way may be required in addition for the placement 
             of public utilities.

    1. Parking shall be off of the street right-of-way (if public) and may be accomplished in the following manner: (Contact town office for current specifications)


                                               PARKING TABLE

       

      A

      B

      C

      D

      E

      F

           G
      PARALLEL 9'0" 9.0 12.0 23.0 21.0

           2

      20 9'0"
      9'6"
      10'0"
      15.0
      15.5
      15.9
      11.0
      11.0
      11.0
      26.3
      27.8
      29.2
      26.0
      26.5
      26.9

           1

      30 9'0"
      9'6"
      10'0"
      17.3
      17.8
      18.2
      11.0
      11.0
      11.0
      18.0
      19.3
      20.0
      28.3
      28.8
      29.2
           1
      45 9'0"
      9'6"
      10'0"
      19.8
      20.1
      20.5
      13.0
      13.0
      13.0
      12.7
      13.4
      14.1
      32.8
      33.1
      33.5
           3
      60 9'0"
      9'6"
      10'0"
      21.0
      21.2
      21.5
      18.0
      18.0
      18.0
      10.4
      11.0
      11.5
      39.0
      39.2
      39.5
           3
      70 9'0"
      9'6"
      10'0"
      21.0
      21.2
      21.2
      19.0
      18.5
      18.0
      9.6
      10.1
      10.6
      40.0
      39.7
      39.2
          3
      80 9'0"
      9'6"
      10'0"
      20.3
      20.4
      20.5
      24.0*
      24.0*
      24.0*
      9.1
      9.6
      10.2
      44.3
      44.4
      44.5
          3
      90 9'0"
      9'6"
      10'0"
      19.0
      19.0
      19.0
      24.0*
      24.0*
      24.0*
      9.0
      9.5
      10.0
      43.0
      43.0
      43.0
          3

      *  Two-way circulation.
      A - Parking Angle (Degrees).

      The above diagram is explanatory to Parking Table.

  5. Curb and Gutter Alternative. Curbs and gutters, are not required in residential subdivisions for lots with a minimum lot width (at the building restriction line) of one hundred (100) feet and a minimum area of twenty thousand (20,000) square feet. If curbs and gutters are not provided, a minimum of four off-street (to be approved by the planning commission) parking spaces must be provided per residential unit. Off-street parking space requirement does not include garage parking spaces.
     

  6. Sidewalk Alternative. In subdivisions where the minimum lot area is twenty thousand (20,000) square feet and the minimum lot width (at the building restriction line) is one hundred (100) feet the planning commission may accept a sidewalk and/or trail plan in place of the sidewalk requirements stated in subsection (Q) of this section. 
     

  7. Exceptions:  Curb and gutter alternative.  In industrial subdivisions the planning commission may allow for open section roads provided the proposed development complies with all other requirements stated in subsection (P) of this section.  (Ord. 05-15: Ord. 05-03: Ord. 99-04; prior code Appx. B Art. VII 7.3)

16.16.040 Block design standards.

  1. The lengths, widths, and shapes of blocks shall be determined with due regard to:

    1. Provision of adequate building sites suitable to the special needs of the type of use contemplated;

    2. Needs for convenient access, circulation, control and safety of street traffic;

    3. Limitation and opportunities of topography.
       

  2. Block lengths shall not exceed one thousand three hundred twenty feet (1,320) feet, or be less than five hundred (500) feet.
     

  3. Business and industrial blocks may be specially designed to serve their particular purposes, which designs shall be subject to approval by the mayor and commission.
     

  4. Crosswalks. In any block more than one thousand (1,000) feet long, a crosswalk may be required to improve access to a school, church, playground, bus stop, or other pedestrian objective. (Prior code Appx. B Art. VII 7.4)

16.16.050 Building lines.

Building lines shall be shown on the plat, along each street as required in each case by the applicable zoning regulations. The locations of these lines shall be clearly indicated by dimensions. (Prior code Appx. B Art. VII 7.5)

16.16.060 Easements.

  1. Easements shall be provided for utilities on all lot lines other than those abutting a street right-of-way line and shall be centered on rear or side lot lines. Such easements shall be designed to provide continuity from block to block. Development within a right-of-way is prohibited unless prior permission has been obtained from the town.
     

  2. An easement running along the property line shall be a minimum of six feet on each side of the line.
     

  3. Where a subdivision is traversed or borders a stream or water course, there shall be provided a storm water easement or drainage right-of-way not less than twenty (20) feet wide dedicated to the town. (Ord. 96-17A; prior code Appx. B Art. VII 7.6)

16.16.070 Lot design standards.

  1. Lots shall be of such size, shape, and orientation as will be appropriate for the location, and for the type of development contemplated. Excessive depths in relation to widths should be avoided.
     

  2. Residential lots shall comply with at least the minimum size area requirements of the zoning district in which located, except otherwise approved by the mayor and commission as described in Chapter 16.36.
     

  3. Corner lots shall have widths sufficient to meet the yard requirements of such lots in the zoning ordinance.
     

  4. All lot measurement shall be net measurements, not including any part of any street, alley, or crosswalkway. Easements, however, shall be regarded as within the lot.
     

  5. Where unusual soil conditions or other physical factors exist which may impair the health and safety of the residents of the neighborhood in which a subdivision may be located, the mayor and commission may increase lot area requirements.
     

  6. Excessive depth in relation to width shall be avoided. A proportion of two and one-half (21/2) in depth to one in width shall normally be considered as a desirable maximum. (Prior code Appx. B Art. VII 7.7)

16.16.080 Acre subdivisions.

Whenever the area is divided into lots larger than ordinarily used in the area for building purposes, and there is reason to believe that such lots will eventually be resubdivided into smaller building lots, consideration shall be given to the street and lot arrangement of the original subdivision so that additional minor streets can be opened which will permit a logical arrangement of smaller lots. Easements or deeds providing for the present or future opening and extension of such streets, may at the discretion of the mayor and commission, be made a condition of the approval of the plat. (Prior code Appx. B Art. VII 7.8)

16.16.090 Public sites and open spaces.

Where a proposed park, playground, school or other public use shown on the comprehensive plan for Emmitsburg is located in whole or in part in a subdivision, such sites shall be indicated on the subdivision plat. School, park and other public sites are to be reserved and negotiated within one year of the recording date of the subdivision. (Prior code Appx. B Art. VII 7.9)

16.16.100 Required recreation areas to be dedicated.

  1. In all residential developments at least ten percent of the entire tract of land to be developed must be reserved for recreational use plus a fee of one hundred dollars ($100.00) per lot paid, or in the case of multifamily dwellings one hundred dollars ($100.00) per dwelling unit paid. Said land shall be conveyed to the town government of Emmitsburg. One-fourth of the dedicated OS land area must be outside the one hundred (100) year flood plan.
     

  2. Where ten percent would be less than one-half acre, a fee of three hundred dollars ($300.00) per lot, to be used toward the development of existing recreational areas, shall be assessed in lieu of the land area. The mayor and commissioners also reserve the right to impose the three hundred dollar ($300.00) per lot assessment on those subdivisions, when in their judgment the creation of additional open space (recreational) area is neither warranted or desirable. Areas that are to be reserved shall be shown on the plat and approved by the mayor and commissioners.
     

  3. All open space shall have access to a street in fee simple and be reasonably located to be accessible to the neighborhood. In all instances, a minimum of eighty-five (85) percent of the open space shall be suitable for dry ground active recreational uses. The town may require the developer to make adequate provisions for maintenance of the open space. No open space so dedicated may be used for purposes of afforestation or reforestation without the prior approval of the planning and zoning commission and the town council. (Ord. 99-12 (part) 1999; Ord. 96-16: prior code Appx. B Art. VII 7.91)


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

Code Index | Title: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17