Town of Emmitsburg
300A S. Seton Ave Emmitsburg, Maryland

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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 16.24 Preliminary Plats

16.24.010 Generally.

The preliminary plat of the proposed subdivision shall comply with the following requirements and contain the following information. (Prior code Appx. B Art. IX (part))

16.24.020 General style and form.

  1. Provide Information. It shall provide all the pertinent information as to existing site conditions, property ownership, and the like, that may be necessary for the planning commission and mayor and commission to properly consider the proposed subdivision. This information shall be accurate and reliable.

  2. Show Plan of Development. It shall show the general plan of ultimate development for the property, covering the entire tract of land or so much of it as may be considered to be necessary for an adequate consideration of the part to be subdivided. This information should be drawn to scale.

  3. Drawing Material. It may be drawn in pencil or ink, in a reproducible material, and shall be at a scale no smaller than one inch per one hundred (100) feet.

  4. Include Key Map. It shall include a small scale key map showing the location of the property and its relation to other known major subdivisions, roads, streams, etc.

  5. Title Information.

    1. Proposed subdivision name, which shall not duplicate nor closely approximate the name of any other subdivision in the county;

    2. Names and addresses of owner, subdivider or developer, and the designer, surveyor or engineer;

    3. Description of subdivision location by streets, tract, political subdivision, etc.;

    4. Scale, north point, and date. (Prior code Appx. B Art. IX 9.1)

16.24.030 Information as to existing physical conditions.

  1. Boundaries. Boundaries of the land being subdivided in heavy outline, and the acreage therein.

  2. Topography. Topographic contours at five foot intervals. Contours shall extend one hundred (100) feet beyond the subdivision boundary except across a public road.

  3. Physical Features. Water courses, wooded area, buildings, transmission lines, pipe lines, other utilities, bridges, and any other significant physical items, with the sizes and grades of any water or sewer lines.

  4. Streets and Roads. Locations, widths, and names of all existing roads, streets, alleys, or other public ways within or adjoining the subdivision or intersecting any street that bounds it including those recorded but unimproved (shown by dotted lines) railroad, utility, or other rights-of-way or easements, parks, and other public spaces, subdivisions, lots, and property lines; corporate lines and the locations and outlines of permanent buildings. (Prior code Appx. B Art. IX 9.2)

16.24.040 Information as to proposed development.

  1. Street Pattern. Layout, widths, center line, proposed roads, streets, alleys, crosswalks, and easements.

  2. Lots. Layout, numbering, and dimensions of proposed lots or parcels.

  3. Open Spaces. Parcels of land intended to be conveyed or temporarily reserved for public use or for the joint use of property owners, with an explanation of the provisions or conditions of such conveyance or reservation and the proposed arrangements for ownership and maintenance.

  4. Street Grades. Tentative grades on each street.

  5. Utilities. Locations for utilities and drainage facilities, with six foot easements for same on each side of rear and side property lines.

  6. Building Setback. Proposed building lines along all streets, with the amount of setback indicated.

  7. Proposed Zoning Change. Proposed uses of property and any proposed zoning changes. (Prior code Appx. B Art. IX 9.3)

Chapter 16.28 Final Plats

16.28.010 Generally.

The final plat of the subdivision shall comply with the following information. (Prior code Appx. B Art. X (part))

16.28.020 General style and form.

  1. Drawing. It shall be legibly and accurately drawn on tracing linen or mylar sheets no larger than twenty (20) inches x twenty-four (24) inches in size, and at a scale of one inch to fifty (50) feet, or one inch to one hundred (100) feet, depending upon the size and nature of the subdivision. If more space is needed, additional sheets may be used.

  2. Meet Platting Requirements. It shall conform in all respects to the requirements of Article 17, Section 59, of the Annotated Code of Maryland, which relates to the making, filing, and recording of plats. Among other things, the Article above requires that plats for recording must be surveyed and certified by a registered surveyor.

  3. Title Information.

    1. Subdivision name;

    2. Location by election districts, city or county and state;

    3. Names and addresses of the owners of record, the subdivider, and the engineer or surveyor;

    4. Scale, date, and north point;

    5. A map to scale showing location in county. (Prior code Appx. B Art. X 10.1)

16.28.030 Graphic information.

  1. Boundaries. Exact boundaries of the area included within the subdivision with dimensions to hundredths of a foot and bearings to half minutes. These boundaries shall be determined by an accurate survey in the field, which shall be balanced and closed with an error of closure not to exceed one in five thousand (5,000).

  2. Bearings and Distances. Bearings and distances to the nearest recorded property corners or other monuments which shall be located or accurately described on the plat.

  3. Monuments. The accurate locations and descriptions of all permanent monuments. Where applicable and feasible the coordinates of all permanent markers or monuments should be based on the Maryland Coordinate System, (Lambert Conformal Conic Project, adopted by Act of General Assembly 1939, Chapter 628).

  4. Adjoining Owners. Names and locations of adjoining subdivisions and the locations and ownership of adjoining unsubdivided property.

  5. Adjoining Roads. Exact locations, width, and name of each existing or recorded road or street adjoining or intersecting the boundaries of the tract.

  6. Engineering Data. The exact location and width of every road, street, alley, easement, or other public or private way within the tract, with the length and bearing of every tangent, length of arcs, radii, internal angles, point of curvature, and any other necessary engineering data; with the names of such ways, and the purpose of easements or other ways. Accurate location of every lot line with its dimension to hundredths of a foot and bearings to minutes.

  7. Street Names. A name must be given to all new streets, drives, and cul-de-sacs according to the requirements in Section 16.20.030(O).

  8. Setback Lines. Minimum building setback lines on all lots.

  9. Numbering. Blocks lettered in alphabetical order, and lots numbered in numerical order.

  10. Public Lands. Accurate outlines or any areas dedicated or reserved for public use, or for any other purpose except sale, with the purpose indicated.

  11. Lot Area. Accurate area of each lot or parcel, other than public ways.

  12. Municipal Lines. Accurate location of the municipal or district line traversing or closely related to the tract.

  13. Drainage Lines. Existing and relocated courses of any water-courses traversing the tract, with the right-of-way or easement lines provided therefore. (Prior code Appx. B Art. X 10.2)

16.28.040 Certificates and other information.

  1. Owner's Certificate. Owner's certificate, signed and notarized, acknowledging ownership of the property and agreeing to the subdividing thereof as shown on the plat also offering for dedication all streets and other ways and places intended for public use.

  2. Engineer's Certificate. Certificate of the surveyor to the effect that the plat represents a survey made by him, that it is accurate to the best of his knowledge, and that all monuments and pipes indicated thereon actually exist and their locations and descriptions are correctly shown, and that all requirements of these subdivision regulations and of other applicable laws have been fully complied with.

  3. Agencies Approvals. A space shall be provided for certificate of approval by the chairman of the planning commission and signed by the mayor. In case any part of the subdivision is located within the jurisdiction of the county, an additional space should be provided for certificate of approval by the chairman of the county planning commission.

  4. Protective Covenant. Protective covenants which apply to all the area as shown by the recorded plat shall be part of the recorded plat. (Ord. 99-05 (part): prior code Appx. B Art. X 10.3)

Chapter 16.32 Modifications & Exceptions

16.32.010 Variations for self-contained developments.

The general principles and standards of subdivision development stipulated in Chapters 16.16 and 16.20 may be varied by the mayor and commission in a case of a subdivision large enough to constitute a more-or-less self-contained neighborhood to be developed in accordance with the comprehensive plan safeguarded by appropriate restrictions, which in the judgment of the mayor and commission make adequate provisions for all essential conditions provided, however, that no modifications shall be granted which would conflict with the intent of the town or county master highway plans or of any other part of the town or county comprehensive development plan, or with the intent and purpose of these regulations and the town or county zoning ordinances; and provided that the town or county shall not be obligated to accept any improvements constructed under the permission granted through this chapter. (Prior code Appx. B Art. XI 11.1)

16.32.020 Hardship.

Where the mayor and commission finds that unusual hardships may result from strict compliance with the regulations, it may vary the regulations so that substantial justice may be done and the public interest secured. (Prior code Appx. B Art. XI 11.3)

Chapter 16.36 Fees

16.36.010 Final plat fees.

Fees shall be paid by the subdivider for each final plat, when submitted to the planning commission as designated in policy No. P99-03 Review Fees. (Ord. 00-01 (part): Ord. 93-18 1 (part): prior code Appx. B Art. XII 12.1)

16.36.020 Base review fee.

A base review fee shall be paid by the subdivider for each preliminary plat, plus a per lot fee as designated in policy No. P99-03 Review Fees. (Ord. 00-01 (part): Ord. 93-18 1 (part): prior code Appx. B Art. XII 12.1A)

16.36.030 Lot fee.

A base fee plus a fee per lot shown on the final plat shall be paid to as designated in policy No. P99-03 Review Fees to partially cover the cost of considering, examining and checking the plat as required in this regulation. (Ord. 00-01 (part): Ord. 93-18 1 (part): prior code Appx. B Art. XII 12.2)

Chapter 16.40 Amendments

16.40.010 Amendments.

  1. The procedures, standard and specifications contained in these regulations, when deemed necessary, may from time to time be amended, changed, supplanted or modified.

  2. The mayor and commissioners upon receiving the recommendations of the planning commission concerning the adoption of any amendments or changes, shall hold a public hearing giving not more than thirty (30) days, nor less than fifteen (15) days notice in a newspaper of general circulation in the town.

  3. The mayor and commission, after considering the recommendation of the planning commission, other agencies and interested parties, shall approve, disapprove, or modify the proposed changes and amendments. Such decision shall be the binding upon the planning commission and all parties affected by these regulations. (Prior code Appx. B Art. IV)

Chapter 16.44 Appeals

16.44.010 Appeals.

Any party adversely affected by a decision of the mayor and commission may appeal to the circuit court of Frederick County in accordance with the "Maryland Rules." (Prior code Appx. B Art. XV)

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