Kent County land subdivision ordinance

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ENT COUNTY

LAND SUBDIVISION ORDINANCE

Adopted: December 23, 1969

Amended: August 7, 1984

HD
1390.3
M3
K46
1985

TABLE OF CONTENTS

Article Page

I Title and Applicability ......................... 2

2 Purpose ........................................ 2

3 Definitions ..................................... 3

4 General Provisions .............................. 7

5 Procedure for Plat Submission and Approval ..... 8

6 Design Requirements and Standards .............. 11

7 Checklist for Minor R( Major Subdivisions ........ IS

8 Improvements ................................... 22

9 The Final Plat ................................. 27

10 Modifications and Exceptions .................... 28

11 Changes and Amendments .......................... 29

Penalties for Violations ....................... 30

13 Appeals ......................................... 30

14 Validity ....................................... 31

15 Repeal of Conflicting Ordinances ............... 31

LAND SUBDIVISION ORDINANCE

KENT COUNTY9MARYLAND

ARTICLE 1. TITLE AND APPLICABILITY

Section 1. Title

This Ordinance shall be known, referred to, and cited as the Land
Subdivision Ordinance of Kent County, Maryland.

Section 2. Applicability

1. This Ordinance shall apply throughout the unincorporated
territory of Kent County, Maryland., The regulations contained
herein are adopted under the authority of Article 66B Annotated
Code of Maryland, as amended, and shall be in addition to any
regulations pertaining to land subdivi.sion adopted by the State
Department of Health or other agency of the State of Maryland,
and in the case of any conflict, the more exacting regulation
shall prevail.

This ordinance applies to:

I ) Subdivisions
2) Resubdivisions
3) Deplatting or vacations of subdivision
4) Changes in recorded subdivisions

This ordinance does not apply to land taken by the exercise of
eminent domain by any public agency.

ARTICLE 2. PURPOSE

This Ordinance has been established for the purpose of guiding and
accomplishing the coordination and harmonious development of the
unincorporated territory of Kent County, Maryland, in order to
promote, in accordance with pr"esent and future needs, the health,
safety, morals, order, convenience, prosperity, and general welfare
of the citizens of the county, In the accomplishment of this
purpose, the regulations as herein established provide for, among
other things, efficiency and economy in the process of development;
the proper arrangement of streets, in relation to each other and to
the existing and planned streets and other features of the
Comprehensive Plan of the County; adequate open spaces for
recreation, light, and air; convenient distribution of population and
traffic; adequate provision for PUbliC utilities and other public
facilities; and other requirements for land subdivision which will
tend to create conditions favorable to the health, safety,
convenience, and prosperity of the citizens of Kent County, Maryland.
2

ARTICLE 3. DEFINITIONS

Section 1. General Rules of Construction

The following general rules of construction shall apply to the
regulations of this Ordinance.

I . The singular number includes the plural and the plural the
singular, unless the context clearly indicates the contrary.

2. Words used in the present tense include the past and future.
tenses, and the future the present.

3. The word "shal I is always mandatory. The word "may" is
permissive.

4. The word "public" means 11open to common use", whether or not
public ownership is involved.

5. Words and terms not defined herein shall be interpreted in
accord with their normal dictionary meaning and customary usage.

Section 2. Definitions

For the purpose of this Ordinance, certain terms and words are hereby
defined:

.1. Alley A narrow public thoroughfare, not exceeding 16 feet in
width, which provides a seconary means of vehicular access to
abutting properties, and which is not intended for general
circulation.

2. Building Line A line within a lot, so designated on a plat of
subdivision, between which line and the street line of any
abutting street, no building or structure may be erected.

3. Collector Street A street which is intended to collect traffic
from the minor streets within a neighborhood or a portion
thereof and to distribute such traffic to major thoroughfares,
in addition to providing access to properties abutting thereon.

4. Crosswalkway A public way intended for pedestrian- use and
excluding motor vehicles, which cuts across a block in order to
furnish improved access to adjacent streets or properties.

5. CUI -de-sac A minor street having but one end open for vell-iiCUlal-
traf f ic and wi th t h e other end permanently terminated by a
turnaround or backaround for vehicles.

6. Easement A strip of land for which the owner grants A right of
use to someone else for one or more designated purposes, which
purposes are consistent with the general property rights of the
owner.

7. Ep The County Engineer of V"ent County, who shall be the
_9 i n eer
Resident Engineer of the State Roads Commission or other
qualified civil engineer designated by the County Commissioners.

B. Health Officer The Health Officer of V.ent County.

9. Lot A portion of a subdivision or other parcel of land intended
for the purpose of building development, whether immediate or
future.

10. Lot Area The total horizontal area within the lot lines of the
lot.

11. Lot Depth The average horizontal distance between the front and
rear lot lines.

1 Lot Line The boundary line of the lot.

I
Lot Width The horizontal distance between the side lot lines
measured at the required building setback line.

14. Major ThorouQhfare A street or highway so designated on the
Major Thoroughfare Plan of V*.ent County.

15. Minor Street A street other than a major thoroughfare or
collector street and intended primarily for providing access to
abutting properties.

16. Planning Commission The [-**ent County Planning Commission.

17. RegUl at i on s The whole body of regulations, t ex, t charts,
diagrams, notations, and references contained or referred to in
this Ordinance. .

18. Roadway That portion of a street or highway available for and
intended for Use by motor vehicle traffic.

1.9. Service Drive 0 minior street- which is parallel to and RdJacent
t o a maj o r thoroughfare, and which provides access to abutting
properties and restricts access to the major thoroughfare.

2 Street A pub I i co r private U-ioroughfare wh i c haffords the
principal means o f access a b U t t i n gproperties, and' whether
designated as a freeway, expresswayl highway, road, avenue,
boulevard, lane, place, circle, or however otherwise designated.

21. Street Line A dividing line separating a lot, tract, or parcel
of land and a contiguous street, and also referred to as a right-
of-way line.

Subdivider Any person, individual, firm, partnership,
association, corporation, estate, trust, or any other group or
combination, acting as a unit, dividing or proposing to divide
land so as to constitute a subdivision as defined herein, and
including any agent of the subdivider.

23. Subdivision The division of a lot, tract or parcel of land into
two (2) or more lots, parcels, sites, or other divisions of
land. It includes re5ubdivi5ion and when appropriate to the
context, shall refer to the process of Subdividing or the land
subdivided. Subdivisions shall be classified into one of the
following:

A. Major Subdivision: Any subdivision containing six (6) or
more lots, parcels. sites and other divisions of land.

B. Minor Subdivision; Any subdivision containing five (5) or
fewer lots, plats, sites.

C.. Adjustment of Lot Lines: Adjustment of lot lines between
adjoining property owners which do not create additional
building lots are subject to the following rules.

1) Transfer of these lots are not Counted in
determining the number of lots in a subdivision.

2) Plat requirements are at the discretion of the
Director of Planning but may-not exceed those for a
minor Subdivision.

3) Procedures shall be the same as that for minor
subdivisions.

D. All lots, parcels, sites and other divisions of land
recorded after December 23, 1969, from. an original lot,
tract, or parcel of land described in the Land Records of
Kent County, shall be counted in determining the number of
3. o t CE-, in the SUbdivisioi-i. T h e o r i r-i i n a 11 1 o t i s, a I s c, co:_i n -t- E. d.
in determining the number of lots.

Technical Advisory Committee (TAC) A committee organized to
review and comment on subdivision and other development
proposals. TAC consists of the following persons or their
designated representatives: Planning Director, Director of
Environmental Programs, State Highway Administration Maintenance
Engineer or County Roads Engineer, State Project Forester and
representatives of other agencies concerned with development or
subdivision review.

25. Private Road A way for vehicular traffic maintained by private
property owners using and/or abutting on it. Private roads are
only allowed in minor subdivisions and may serve no more than
five 151 lots, or p arcels.

ARTICLE 4. GENERAL PROVISIONS

Section 1. Subdivider Must Prepare._and Record Plat

From and after the effective date of this Ordinance, any owner,
agent, or proprietor of any tract of land located within the
territory to which these regulations shall apply, who subdivides such
land into lots, blocks, streets, alleys, public ways, or public
grounds, shall cause a plat of such subdivision to be made in
accordance with the regulations set forth herein and the laws of the
State a+ Maryland, and shall cause a copy of said plat to be recorded
in the office of the Clerk of the Circuit Court.

Section 21. Approval of Plat Required

No plat of subdivision shall be recorded by the Clerk of the Circuit
Court unless and until it shall have been submitted to and approved
by the Planning Commission as provided herein. The Planning
Commission shall not approve said plat unless and until the plat
satisfactorily complies with the requirements of these regulations.

Section 3. Transfer of Land; Building Permits

No parcel of land in a subdivision created after the effective date
of this Ordinance shall be transferred, sold, or offered for sale,
nor shall a building permit be issued for any structure theron, until
a plat of subdivision shall have been rec.orded with the Clerk of the
Circuit Court in accordance with these regulations and the laws of
the State of Maryland. Any person who violates this provision shall
be subject to the penalties contained herein.

Section 4. Requirements for Plat Preparation

In the preparation of a plat of subdivision, the subdivider shall
comply with the general principles of design and minimum requirements
for the layout of subdivisions as set forth in Article 6, and with
the rules and regulations concerning required improvements as set
forth in Article 8, and in the standards and specifications for
improvements as adopted by the County Commissioners, and in every'
case the preparation of such plat shall be in accordance with the
procedure of Article 5.

Section 5. Resubdivision

When recording resubdivisions or combining lots in recorded
subdivisions, letters rather than numbers should be used to indicate
lots whose boundary and area have been affected.

The numerical sequence shall remain intact to avoid confusion in the
-future.

K.
z 09
109\ IZA
original parcels ------- proposed parcels

.ARTICLE 5. PROCEDURE FOR PLAT SUBMISSION AND APPROVAL

Section 1. Minor Subdivision Procedures

The following procedures are established for the filing and review of
minor subdivisions:'

1. Preliminary Conference with Planners (Optional) - Informational
meeting to discuss zoning regulations, topography, subdivision
procedures and Subdivision proposal. Minor subdivisions which
propose improvements shall follow the Major Subdivision
Procedure. For the purpose of this ordinance, private roads in
minor subdivisions shall not be considered improvements.

2. Prepare plat (see checklist for-requirements), submit five (5)
copies of plat to the Planning Office with subdivision
application and pay fees.

3. TAC Review.

4. The Planning Director has the authority to approve, approve with
conditions, or disapprove minor subdivisions.

The Director may at his discretion submit the application to the
Planning Commission for approvals!.

In the absence of a Director of Planning the Planning Commission
shall -approve, approve with conditions, or disapprove minor
subdivisions.

5. After approval submit three (3) stable base plastic or linen,
and three (3) black or blue line prints to the Planning Office
to obtain the following signatures:

a) Director of Planning - This signature indicates that
the plat has been reviewed and approved.

b) Health Officer This signature indicates that the
plat has been reviewed and approved by the State Health
Department.

When applicable:
c) Chairman of the Planning Commission This signature
indicates that the plat has been reviewed and
approved.

File thiree- stable based plastic or linen copies of the
final plat with the Clerk of Court.

7. File three (3) paper copies with the Planning Office. The
Health Department and the Soil Conservation District will
each receive one copy of the paper copies.

Section 2. Major Subdivision Procedureg

1. Preliminary conference with planning staff. The subdivider
shall arrange a meeting with a member of the planning staff to
discuss zoning requirements, subdivision regulations and
procedures, subdivision proposal and topography.

Prepare sketch plat (details for plat discussed in preliminary
conference with planning staff,- optional), submit sketch plat
with application and fees.

Submit five (5) copies of preliminary plat to the Planning
Office (see checklist for requirements).

4. TAC review- The plat will be reviewed for:

a) General suitability of the site for the proposed
development.

b) Suitability of design with regard to surrounding
land use, drainage, storwater management, soils,
topography, trees, and natural features.

c) Interior roads.

d) Method and suitability of access.

e) Water and sewer.

+) Design.

5. Planning Commission - The Planning Commission may approve,
approve with conditions, or disapprove the preliminary plat.

6. After approval of the preliminary plat, the applicant shall
submit improvement plans.

7. Submit five (15) copies of improvement plans to the Planning
Office +or review by TAC and the Planning Commission.

8. Acquire_im'provement bond or submit cash escrow.

9* Submit five 15) copies of the final plat to the Planning Office
+or review by TAC and the Planning Commission.

()fter appr-Oval of the final plat, the applicant will leave three
(-V) stable base plastic or linen, and three (3) paper copies o+
the plat for the purpose of obtaining proper signatures.
Signatures are the same as required in minor subdivisions.

11. File three (3) stable base plastic or linen copies of the final
plat with the Clerk of Circuit Court.

12. File thre*e (3) paper copies with the Planning Office. The
Health Department and the Soil Conservation District will each
receive one copy of the paper copies.

Section Filing Fees

The following will be paid by the subdivider at the time of filing
the application for subdivision approval:

1. Minor Subdivision (5 parcels or less) 2 5.

2. Major Subdivision (6 parcels or more) $200, Plus $10 per lot
for each lot or parcel more then ten (10). -

3. Resubdivision $215 per newly created parcel; $25 per plat for
modification.

ARTICLE 6. DESIGN REQUIREMENTS AND STANDARDS

Section 1. General Requirements

1. The Subdivision layout shall conform in all essential respects
with the official Major Thoroughfare Plan and other aspects of
the adopted Comprehensive Plan for the County.

2. The subdivision layout shall be in full compliance with the
provisions of the zoning districts in which it is located.

3. The subdivision layout shall be designed in accordance with the
principles and standards contained in this article, with the
objective of achieving the most advantageous development of the
subdivision and adjoining areas.

Section 21. Suitabililty of Land

1. Land subject to periodic flooding shall not be subdivided for
residential occupancy nor for any other use which might involve
danger to health, life or property or aggravate the flood
hazard, and Such land within any proposed Subdivision shall be
reserved for uses which will riot be endangered by periodic or
occasional inundation.

A plat for the subdivision of land with poor drainage or other
adverse physical conditions will be considered for approval only
if the Subdivider shall agree to make whatever improvements are
necessary, in the judgement of the Planning Commission, to
render the land safe and otherwise acceptable for development.

Section 3. Street Layout

1. The street layout shall be designed to create desirable building
sites while respecting existing topography, minimizing street
grades, avoiding excessive Cuts and fills, and preserving trees
to the maximum extent possible.

2. Streets shall be spaced to allow for blocks meeting the
dimensional requirements contained herein and to minimize the
number of intersections with existing or proposed major
thorough fares.

3. Where the Subdivision adjoins or embraces any part of a major
thoroughfare as designated on the Major Thoroughfare Plan, the
layout of such subdivision shall provide for the platting and
dedication of Such part of the major thoroughfare in the
location and at the width indicated on such plan,except that
the subdivider shall not be required to dedicate that part of
Such major thoroughfare which is in excess of 80 -Feet in width.

4. Wherever deemed desirable to the layout of the subdivision and
adjoining areas, the Planning Commission may require the
platting and dedication of one or more collector streets, or
parts thereof, to serve the subdivision.

5. Minor residential streets, intended primarily for access to
individual properties, shall be so arranged as to discourage
their use by through traffic.

6. Streets shall be laid out to intersect one another at as near to
right angles as topography and the limiting factors of good
design will permit, and no street shall intersect another street
at an angle of less than 60 degrees.

7. Proposed streets in the subdivision shall provide for the
continuation of existing, planned, or platted streets on
adjacent tracts, unless such continuation shall be prevented by
topo-graphy or other physical condition, or unless such extension
is found by the Planning Commission to be unnecessary for the
coordination of development between the subdivision and such
adjacent tract.

8. Where the Planning Commission deems it desirable or necessary to
providing access to adjacent tracts not presently subdivided,
proposed streets in the subdivision shall be extended to the
boundary lines with such adjacent tracts, and temporary
turnarounds shall be provided at the ends of Such streets, by
means of temporary easements or-otherwise.

9. Where the subdivision abuts or contains a primary highway as
designated on the Major Thoroughfare Plan, the Planning
Commission may require that measures be taken to reduce the
impact of heavy traffic on the residential lots abutting or
fronting Upon such highway and to afford separation of through
and local traffic, through one of the -following means:

a) By providing vehicular access to such lots by means of a
service drive separated from the major thoroughfare by a
planting strip and connecting therewith at infrequent
intervals.

b) By designing reverse frontage lots having access only from
a parallel minor- street or from cul-de-sac or loop
streets, and with vehicular access to Such lots from the
major- thoroughfare prohibited by deed restrictions or
other means.

The choice of the.most appropriate method of accomplishing the
desired purpose i FI a specific instance shall be made by t h e
Planning Commission, giving considerAtion to topography and
other physical conditions, the character of existing and
contemplated development in the subdivision and its
surroundings, and other pertinent factors.

10. Where land in the proposed subdivision adjoins a railroad-line,
the street layout shall make allowance for future grade-
separated railroad crossings at appropriate locations by
providing extra street right-o-F-way widths for such crossings
and by restricting intersecting streets at locations where they
would cause interference with the necessary approaches to such
crossings.

11. Cul-de-sac streets, generally not exceeding 600 feet in length,
shall be permitted where they are necessitated by topographic
conditions or where, in the judgment of the Planning Commission,
they are appropriate to the type of development contemplated.

12.- Alleys shall be provided in commercial and industrial areas,
unless adequate access to parking and loading areas is provided
by other means. Alleys will not be.permitted in residential
areas, except for providinq rear access to row dwellings or
where reqUi red by topograhic or other unusual conditions. In
the absence of alleys, easements will be required for utility
lines or drainage facilities.

13. Half streets will be prohibited, except where they are essential
to the reasonable development of the proposed subdivision in
con+irmity with the other requirements of these regulations, and
where the Planning Commission finds that it will be practicable
to require dedication of the remaining half when the adjoining
property is subdivided. Wherever a half street adjoins the
proposed Subdivision, the remaining half of the street shall be
platted witin such subdivision.

14. Private Roads - Private roads are allowed in minor subdivisions
(five or fewer lots). These roads are subject to the following
conditions:

A. The deed and contract of all lots in the subdivision shall
state:
1) The road is private and not the responsibility of Kent
County;

2) Each road may serve no more than five (5) parcels; and

71) In the event that a sixth parcel is created, the sixth
parcel and all further divisions of land must front on
a public road and are subject to the regulations
governing major subdivisions.

B. The plat shall identify all private road and shall state:

The road is private and not the responsibility
of Kent County.

C. The Subdivision Must provide a 50 ft right-of-way
for each private road.

D. The construction of all lanes and private roads shall
adhere to the sediment control and stormwater management
ordinances.

Section 4. Street Design Standards

Unless otherwise specified in this ordinance, the provisions of this
section do not apply to private roads.

1, Right-of-Way Width Right-o+-way widths for primary and
secondary highways shall be as designated in the Major
Thoroughfare Plan, and in any case not less than 150 feet for
primary highways and 80 feet for secondary highways; provided,
however, that widths above these minimums may be required by
state officals to meet particular traffic conditions.

Right-of-way widths for other street types shall be not less
than 60 feet for collector streets and for minor streets in
multiple family residential, commercial, and industrial areas;
50 feet for minor streets in other residential areas; 40 feet
for service drives; and 16 feet for alleys.

2. Roadway Widths Roadway widths for primary and secondary
highways shall be not less than the minimum specified by state
officials, but in any case not less than 24 feet with 10 foot
shoulders.

Roadway widths for other street types shall be not less than the
following:

a. Collector streets, and minor streets in MUltiple-family
residential, commercial, and industrial areas: 40 feet
with curbs and gutters, except that streets serving lots
of one acre or more may, with the approval of the Planning
Commission, have a minimum roadway width of 22 feet with 8
foot shoulders.

b. Minor streets in single-family residential areas, and
service drives: 30 feet with curbs and gutters, except
that streets serving lots of one acre or more may, with
the approval of the Planning Commission , have a minimum
roadway width of 20 feet, with 6 foot shoulders on each
side for minor streets and on one side for service drives.

C. Alleys: 16 feet.

Cul-de-sacs Cul-de-sac streets shall have a circular turnaround
of not less than 100 feet in diameter to the street line, and
with a roadway of not less than 80 feet in diameter, unless the
Planning Commission approves a "T" or "Y" backaround.

4. Street Grades Street grades shall not exceed five percent for
primary and secondary highways and Collector streets and eight
percent for minor streets, service drives, and alleys, except
that the Planning Commission may permit a variation of not
greater than two percent from these maximums where topographic
conditions warrant. Street grades shall be not less than one-
half of one percent at the gutter.

5. Curvature The radius of Curvature on the center line shall be
N not less than 400 feet for primary and secondary highways, 300
feet for collector streets, and 100 +eet for minor streets,
service drives, and alleys. Between reversed curves, either of
which has a radius of less than 200 feet, there shall be a
tangent section at least 100 feet in length.

6. Intersections Each property corner at street intersections
shall be rounded a++ by an arc, the radius of which shall be not
less than 220 feet, except that in a business area a chard may be
substituted for such arc. Curbs at street intersections shall
be rounded off concentrically with the property lines. The
design of the intersection should provide clear sight distance
for oncoming vehicles, and there should be a suitable leveling
of the street grade w*ithin and approaching the intersection.

Section 5. Blocks

1. Residential blocks shall normally not exceed 1,300 feet in
-length, nor be less than 500 feet in length between street
lines. In any residential block more than 800 feet in length, a
crosswalkway of not less than 10 feet in width may be required
where necessary to provide convenient access to schools,
playgrounds, shopping centers, and other,community facilities.

2. Residential blocks shall normally be of sufficient width to
provide two tiers of lots of appropriate depth.

3. Blocks for business or industrial use shall be of such length
and width as may be necessary to serve their prospective use,
including' making adequate provision +or off-street parking and
for the loading and unloading of delivery vehicles.

4, Irregulary-shaped blocks indented by CUl-de-sacs or looped
streets, and containing interior parks or playgrounds, will be
acceptable when they are properly designed, including making
provision for adequate parking and for the maintenance a+ the
public or jOint-U5c.-? recrez-Ation area.

Section 6. Lots

1. The lot arrangement, design, and orientation, shall be such that
all lots will provide satisfactory building sites, properly
related to topography and the character of SUrrOUnding
development.

-fhe dim* 11 lots shall comply with the
ensi ons and areas of a
requirements of the zoning district in which they are located,
except that in any case where public water Supply and/or public:
sewerage are not available or are not to be provided, all
residential lots shal 1 comply with the minimum lot dimensions
and areas established by the Health Officer or State Deoartment
of Health after appropriate water percolation tests, where these
requirements are greater than required under the zoning
regulations.

3. Excessive lot depth in relation to lot width shall be avoided.
A ratio of depth to width of to I shall be considered a
desirable maximum.

4. Corner lots shall desirably have extra width to permit
appropriate building setback from both streets in accordance
with the zoning regulations.

5. Every lot shall abut upon, and have access to a public street or
approved private road.

6. Double frontage , and reverse frontage lots shall be avoided,
except where their use is essenti al to overcoming special
topographic problems or to separating residential development
from heavy street traffic.

7. Residential lots fronting or abutting on major thoroughfares
shall desirably -have extra lot depths and deeper building
setbac@--:s.

B. Lots adjoining a railroad line shall have extra lot depth and
shall provide for an appropriate means of buffering such lots
from such railroad line.

9. Insofar as possible, side lot lines shall be Substantially at
right angles or radial to the street line, except where a
variation to this requirement will' provide an improved street
and lot layout.

10. The size and shape of lots intended for single family
residential use shall be sufficient to permit the ultimate
provision of a garage on each lot, except that the Planhing
Commission may permit the grouping Of garages into a compound
serving several Such lots.

Secticin 7. E@-serrients

1. Where alleys are not provided in appropriate locations,
easements of riot less than 1(__) feet in width shall be provided
where necessary to meet public utility requirements. Easements
of greater widihs may be required along lot lines or across lots
where necessary for the e-ftension of trunk sewers or other
primary utility lines. 16

Where a proposed subdivision is trav 'ersed by any stream, water
course, or drainageway, the subdivider shall make adequate
provision for the proper drainage of surface water, including
the provision of easements along such streams, water courses,
and drainaoeways.

Utility easements i n private rights--of-w i n ioint-use
ay or
recreation -areas may be permitted at the discretion of the
Planning Commission, if -the design considerations of the
proposed subdivision warrant such easements.

4. No building or structure shall be constructed on any easement
without the written authorization of the County Commissioners.

Section B. Public Sites and Open Space

1. Where the proposed Subdivision includes lands proposed for use
as parks, playgrounds, playfields, public landings, or school
sites under the Comprehensive Plan, the subdivider shall
indicate the location of such lands on the subdivision plat and
shall either dedicate such lands or shall reserve the right of
purchase of such lands by the appropriate jurisdiction within
the specified time limit, the subdivider shall be free to mark-et
such lands for an alternate purpose as specified on the approved
Subdivision plat.

Pari--:, playground, and play+ield sites shall be reserved for a
period of two years from the d,-,AtL-.of recording the subdivision,
and school sites shall be reserved for four years from such
date. The reservation shall give the appropriate agency the
right to purchase such land at the appraised raw land value plus
one-half the cost of surface improvements on any streets are
continguous to the site.

3N. Where deemed essential by the Planning Commission upon
consideration of the type of development "proposed in the
Subdivision, the subdivider may be required to dedicate other
areas or sites of a character, extent, and location suitable to
meeting the needs of such development. In lieu of dedicating
such additional areas, they may be reserved for the common use
of 'All property owners in the proposed Subdivision through deed
restrictions.

ARTICLE 7.

Section 1. CHECKLIST FOR MINOR SUBDIVISION PLAT

1 . Prints are clear and legible.

2. Proper size: 8 1/2 x 14", 18 x 24", or 8 1/2 x 11".*

3. Vicinity Map, Scale: I" = I mile or another scale which clearly
shows the location of the property (verify scale with administra-
tor prior to plat preparation if different from I" = 1 mile.)*

4. Title Block information:
a. Names of owners on record and/or the subdivider.
b. Location by Election District, County and State.
c" Scale of the plat:
1" - 100 feet or greater detail.
d. Date of plat and all revisions.

5. Signature blocks for the Director of Planning, County Health
Officer, Chairman of Planning Commissio n (when applicable).

6. Surveyor's signature and seal.

7. Northpoint.

a. Names of adjoining property owners with liber and folio or name,
recording reference and lot numbers of adjoining recorded
subdivision, if applicable.

9. Boundary of subdivision shown in heavy outline.

10. Distances of courses to hundredths of a foot.

11. Bearings accurate to 10 seconds.

12. Location, width names of existing or proposed roads within or
abutting the subdivision.

13. Identification of private roads.

14. Curve data in tabular form, if applicable.

15. No distance marked "more or less" except mean high water.

16. L o ca t i o i--, ,dimension & purpose for all apparei-it existing or
proposed easements, rights-of-way, PDA ditches, and stormwater
management structures and devices.

17. Areas of each lot in acres & thousandths.

18. Location & description of all monuments & markers as required.

*amended 21/19/85
18

19. Listing of all previous lots subdivded from the original lbt
after 12/23/69.
a. Lot number
b. Owner
C. Date recorded
d . Recording reference

20. Natural or man-made features.

21. Location of water & sewer, where applicable.

222. Statement: "Private roads are not the responsibility of Kent
County."

23. The Director has the authority to require topography.

Section 2. MAJOR SUBDIVISION CFIEC@-`LIST

PRELIMINARY FLAT

1. Prints are clean and legible.

2. Proper size - 24" x -36".

3. Surveyor's seal on each sheet.

4. Vicinity Map, Scale: I" = I mile, or another scale which clearly
shows the location of the projectAverify scale with administra
tor prior to plat preparation if different from 1" = I mile.)*
5. Title Block- information:
a. Subdivision name, section & lot numbers. -
b. 1" = 100 ft or greater detail.
C. Location by election district, county & state.
d. Names & addresses of owners on record and/or the subdivider.
e. Date of the plat and all revisions.

6. Names of adjoining property owners with liber and folio or name,
recording reference 84 lot numbers of adjoining recorded
subdivision, if applicable.

7. Northpoint.

e. Boundary of subdivision shown in heavy outline.

9. Distances of courses to hundrL-ds of a foot.

10. Natural or man-made features.

11. Location & purpose of all existing orproposed easements, rights-
of-way, P.D.A. ditches and stormwater management structures and
devices.

12. Locations, width & name of all existing or proposed roads within
or abutting the subdivision.

13. Layout of all existing & proposed lots.
a. Lot numbers
b. Scaled areas
C. Scaled dimensions

14. Location, dimensions & areas of property reserved +or public
use, if applicable.

15. Location of any municipal or corporate limit or election
district line close to or crossing the tract.

*amended 2/19/e5

16. tabulation showing the following:
a . Total number of lots
b. Acreage of each lot
C. Total area of roadways & other lands to be dedicated.
d. Total area of subdivision to be recorded.
e. Total acreage of Subdivision.

17. Field topography (This may be waived by the Director of
Planning. When a waiver is granted, a written explanation Must
accompany the pl at).

ARTICLE B. IMPROVEMENTS

Section 1. Required Improvementsby Subdivider

The subdivider shall be required to provide and install, or to
enter into agreements to provide and install, certain minimum
improvements in the subdivision as a condition for approval of the
Final P1 at by the Planning Commission. - All such required
improvements shall be constructed in accordance with the minimum
requirements of these regul.ations and the construction standards and
specifications adopted by the County Commissioners of such other
governmental agency as may have jurisdiction over a particular
improvement. Nothing contained herein, however, shall be construed
as prohibiting the subdivider from installing impro,@,ements meeting
higher standards than the minimum requirements.

Prior to filing the final plat with the Planning Commission the
subdivider shall furnish the County Commissioners with a cash deposit
or a performance bond executed by_a security company and running to
the County. Such cash deposit or performance bond shall be in an
amount Sufficient to cover the cost of the improvements required to
be installed by the subdivider, thereby insuring the actual
construction and installation of such improvements prior to, or in no
case lat6r than, the time that such improvements are needed to serve
buildings placed on abutting lots. The cost of required improvements
shall be estimated by the Engineer or other authority having
jurisdiction. In the event of any dispute concerning the amount of
cash deposit or bond required, the County Commissioners shall make
the final decision based upon at least two additional cost
estimates. The amount of the performance bond shall be revised by
the Planning Commission prior to the end of each year and the
required amount may be revised by the County Commissioners and a
revised bond submitted if the original amount is determined to be
insufficient or excessive. In no event shall a bond be renewed for a
period of more than two years. In the event required improvements
are not completed within two years of approval of a final plat, no
further building permits shall be issued for any lot in the
'subdivision and no further lots shall be sold, transferred, or
recorded, until said improvements are completed and approved.

Section 2.. Minimum Requirements

The. minimum requirements for the installation of improvements in
subdivisions shall be as follows:

1. Roads and Streets - All new roads and streets shall be
constructed in accordance with the minimum requirements of these
regulations and the County Commissioners. Existing roads and
streets which do not meet these specifications with regard to
width or type of construction shall be widened and brought into
conformity on that portion of the road or street within or
adjoining the subdivision.

The roadbed and roadway wearing Surface shall be constructed in
accordance with applicable county standards. Curbs and gutters
shall be provided in all subdivisions where the average lot area
is less than one acre. Where curbs and gutters are not
required, stabilized shoulders and stabilized drainageways
outside the shoulders shall be provided. Street name signs of
an approved design shall be erected at each new street or road
intersection.

2. Surface Drainage Facilities - The subdivision shall be
provided with such storm drains, culverts, drainageways, or
other works as are necessary to collect and dispose of surface
and stormwater originating on or flowing across the subdivision,
in order to prevent inundation and damage to streets, lots, and
buildings.

3. Water Supply Facilities - Every subdivision with lots Of Such
Size as to require a public water supply Linder the regulations
of the State Department of Health shall be provided with a
community water supply and distribution system and appropriately
spaced fire hydrants. The source of supply may be a county or
municipal water system, in which case the distribution system
for the subdivision shall meet the standards for such system and
shall become a part thereof without cost to the County or
municipality, or it may be an independent source of supply
approved by the health officer, in which case some acceptable
arrangement shall be made for its ownership and operation by a
nonprofit water association.

Where a public Source of water supply will not be available,
private on-site sources of water supply, approved by the health
officer, shall be provided.

4. Sanitary Sewerage Facilities - Every subdivision with lots of
such size as to require a public sewer system Linder the
regulations of the State Department of Health shall be provided
with a community sanitary sewer system connected to a County or
municipal system or to an adequate community sewage disposal
plant meeting the requirements of the State Department of
Health. If connected to a county or municipal system, sewers
shall be constructed to meet the standards and requirements of
such system and shall become a part thereof without cost to the
county or municipality. If built as an independent system, some
acceptable arrangement for ownership and operation by a non-
profit sewer association shall be made.

Where a public sewerage system will not be available, private on-
site means of sewage disposal meeting the requirements of the
health officer shall be provided; and, in addition, the health
officer may require the installation and capping of sanitary
sewer mains and house connections if his evaluation shall
indicate that public sewer service will be necessary in the
future to protect public health.

5. Street Trees Street trees and other Yandscaping improvements
shall be considered as a desirable part of street improvements
in the Subdivision. If the subdivider proposes to install such
trees and landscaping, the proposed location and the species of
plant material to be used shall be subject to the approval of
the engineer.

6. Reference Monuments - Permanent reference monuments, of stone
or concrete and at least 36 inches in length and 4 inches square
with suitable center point, shall be set flush with the finished
grade at Such locations as may be required by the Planning
Commission and the laws of the State of Maryland.

Monuments of metal pipe, 3/4 inches in diameter and at least 24
inches in length, shall be set in place +lush with, the finished
grade at all intersections of streets; at all intersections of
streets and alleys with subdivision boundary lines; at all
points on streets, alleys, and b-oundary lines where there is a
change in direction or curvature; and at all lot corners.

Section 3. Im rovement Plans

Plans, profi les, and specifications for the required improvements
shall be prepared by the subdivider and submitted for approval by the
appropriate public authorities prior to construction. Plans and
profiles shall be drawn to a horizontal scale of one inch to 100 feet
or less and a vertical scale of one inch to 20 feet or less, unless
the Engineer shall specify otherwise, and such plans and profiles
shall be sufficiently detailed to show the proposed location, size,
type, grade, and general design features of each proposed
improvement. The plans, profiles, and specifications to be Submitted
shall include the following:

1. Plans and profiles of each street, showing proposed grades and
street intersection elevations.

2. Cross-sections of proposed streets, showing the width of
roadways, present and proposed grade lines, and the location and
size of utility mains-, taken at intervals of not more than 50
feet along each street centerline unless otherwise required by
the Engineer. Such Cross-sections shall extend laterally to the
point where the proposed grade intersects the existing rade,
except that in no case shall less than the full width of the
street right-of-w@_-,.y be shown.

:3. Plans and profiles of proposed sanitary sewers and storm drains,
with proposed grades and pipe sizes indicated.

4. Plans of the proposed water distribution system, showning pipe
sizes and the locations of all valves and fire hydrants.

5. Where appropriate, a site plan of proposed street trees and
other landscaping improvements.

6. Written specifications for all proposed improvements.

Section 4. Inspection and Acceptance

All construction w o r k. on improvements required herein shall be
subject to inspection and approval by the Engineer, Health Officer,
and other authorized public officials, during and upon completion of
such construction work. Upon the completion of each improvement, the
subdivider shall furnish' the appropriate official with accurate and
detailed engineering drawings of the improvement as it was actually
constructed.

The Final Plat of the subdivision shall not be approved by the
Planning Commission until a satisfactory performance bond or cash
deposit is posted. No such bond shall be released until all
improvements secured by such bond shall have been completed and
approved as being in compliance herewith-, provided, however, thal Ek
partial release may be approved for such improvements as may have
been completed and approved by appropriate officials.

Approval of the Final Plat by the Planning Commission shall not be
deemed to constitute or effect an acceptancy by the public of the
dedication of any street or a -ther proposed pL(bli'c way or public
grounds shown on said plat. The jurisdiction involved shall have no
obligation to accept and to make public any street in a subdivision
Lin I ess:

1. All required improvements shown on the approved Final Plat have
been constructed in conformity with the required standards and
specifications; or

A petition signed by the owners of at least 50 percent of the
-frontage of the street in question, requesting that the street
be taken over and made public, is.-Filed with the governing body
of the jurisdiction involved, and it is established by such
governing body that there is a need for the street to be taken
over and made public.

The iurisdiction involved shall have no responsibility with respect
to any street within a subdivision, notwithstanding the USe Of such
E': t r L- e tL--;/ the public:, UrlIP-s the E-:;treet is accepted by ordinance or
resolution of the governing body of SUCh jurisdiction.

22 5

Section 5. Checklist -- improvement Plan.s

1. SPECIFICATIONS AND DRAWINGS FOR:

A. Road
B. Sidewalk
C. Drainage & Stormwater
D. Water Supply
E. Sewerage

QUANTITIES AND COST OF:

A. Roads
B. Sidewalks
C. Drainage & Stormwater
D. Water Supply
E. Sewerage

3. DESIGN DATA:

A. Roads
B. Sidewalks
C. Drainage & Stormwater
D. Water Supply
E. Sewerage

4. SIGNATURE BLOCKS FOR: (when applicable)

A. Sediment control/grading/stormwater management
B. Soil Conservation District
C. Health Department

5. CERTIFICATION:

A. Registered Surveyor
B. Professional Engineer

ARTICLE 9. THE FINAL PLAT

Checl-.-.Iist for Final Plat

1. All elements of preliminary plat.

Sign,=-tture blocks for:

a. Chairman of Planning Commission
b. Director of Planning
C. County Health Officer

3. Owner's certification and dedication.

4. Location and description of all monuments as required.

5" No distances marked more or less except mean hi gh water,

6. Registered surveyor's signature and seal.

7. One hundred year floodplain boundary and base flood elevations
where applicable.

ARTICLE 10. MODIFICATIONS AND EXCEPTIONS

Section 1. Modification for Unusual Conditions

Where, in the case of a particular proposed subdivision, it can
be shown that strict compliance with the requirements of this
Ordinance would- result in extraordinary hardship to the subdivder
because of unusual topography or other conditions which are not self-
inflicted, or that these conditions would result in inhibiting the
achievement of the objectives of these regulations, the Planning
Commission may vary, modify, or waive the requirements so that
substantial justice may be done and the public interest secured;
provided, however, that such variance, modification, or waiver will
not have the effect of nullifying the intent-and purpose of this
Ordinance or being contrary to the goals and objectives of the
Comprehensive Plan for the county. In no case shall any variation,
modification, or waiver be more than a minimum easing of the
requirements, and in no instance shall it result in any conflict with
the proposals of the adopted Major Thoroughfare Plan for the county
or the applicable zoning regulations.

Sectibn 2. Exceptions for Residential Planned Community Districts
I

Where land within the unincorporated territ ory of Kent County is
proposed for development in accordance with the provisions of the
Kent County Zoning Ordinance pertaining to the establishment of
Residential Planned Community Districts, the requirements and
conditions for approval as set forth in that Ordinance shall prevail
in the case of any conflict with these regulations; provided,
however, that nothing in this section shall be construed as
permitting any exception from the requirements of these regulations
with regard to the design, arrangement, or improvement of streets and
highways within any proposed Residential Planned Community District.

Section 3. Approval of Modifications and Exceptions

Variances, modifications, and waivers from the requirements of
this Ordinance shall be granted only by the affirmative vote of two-
thirds of the members of the Planning Commission. In granting
variances, modifications, and waivers, the Planning Commission may
require such conditions as will, in its judgement, substantially
secure the objectives of the requirements so varied, modified, or
waived.

ARTICLE 11. CHANGES AND AMENDMENTS

The County Commissioners may, from time to time, amend,
supplement, or change, by ordinance, the regulations herein
estab I i shed. Any such amendment or change may be initiated by
resolution of the County Commissioners or by motion of the Planning
Commission. Before taking action on any proposed amendment or
change, the County Commissioners shall submit the same to the
Planning Commission for its recommendations and report. Failure of
the Planning Commission to report within 60 days after its first
meeting subsequent to the proposal being referred shall be deemed
approval by the Planning Commission.

The Planning Commission shall hold a hearing on any proposed
amendment or change before -submitting its report 'to the County
Commissioners. Notice of Such public hearing before the Planning
Commission shall be given at least 15 days prior to the hearing by
publishing the time, the place, and the nature of the hearing in a
newspaper having general circulation in the County. The published
notice shall contain reference to the place or places within the
County where the full text of the proposed amendment or change may be
examined.

Before approving any proposed amendment or change, the County
. .1
Commissioners shall hold a public hearing thereon, notice of said
hearing to De accomplished by publication in a newspaper as
prescribed above.

ARTICLE 12. PENALTIES FOR VIOLATION

Whoever-, being the owner or agent of- the owner of any land
located within the jurisdiction Of these regulations, t:'.nowingly, or
with intent to defraud, transfers or sells or agrees to sell or
negotiates to sell any land by reference, to, or exhibition of, or by
other use of a plat of land subdivision, before such plat has been
approved by the Planning Commission and recorded or filed in the
office of the Cler@-.: of the Circuit Court, shall forfeit and pay a
penalty of not more than one hundred dollars ($100.00) for each lot
or parcel so transferred or sold or agreed or negotiated to be sold,
and the description of such lot or parcel by metes and bounds in the
instrument of transfer or other document used in the process of
selling or transferring shall not exempt the transaction from Such
penalties, or from the remedies herein provided. The County
Commissioners may enjoin such transfer or sale or agreement by action
for injunction Lrought in any court a+ equity jurisdicition, or may
recover the said penalty by civil action in any court of competent
jurisdiction.

Every act or omission in violation of this Ordinance shall be
punishable as provided herein. Where such an act or omission is of a
continuing nature, each and every day during which such act or
Comission continues shall be deemed a separate misdemeanor.

ARTICLE 13. APPEALS

Any person aggrieved or -any officer, department, board, or
bureau of the county affected by any decision of the Planning
Commission or Director of Planning may, within 30 days after the
decision appealled from, file a notice of appeal with the Circuit
Court. Upon the hearing of such appeal, the decision of the Planning
Commission or Director of Planning shall be presumed by the Court to
be proper and to best serve the public interest. The burden of proof
shall be upon the appellant or appellants, to show that the decision
was not honestly and fairly extercised, or that such decision wa5
arbitrary, or procured by fraud, or unsupported by any substantial
evidence, or was unreasonable, or that Such decision was beyond the
powers of said Planning Commission or Director of Planning and was
illegal. The Court shall have the power to affirm, modify, or
reverse in whole or in part any decision appealled from, and may
remand any case for the entering of a proper order or for further
proceeding, as the Court shall determine.

ARTICLE 14. VALIDITY

- I + any sect i on , p ar agr ap h, sub d i v i s i on-, C I aLkSe, phrase, or,
provision of this Ordinance shall be adiudged invalid or h c-21 d
unconstitutional, the same shall not affect the validity of this
Ordinance as a whole or any part or provision therof , other than the
part so decided to be invalid or unconstitutional.

ARTICLE 15. REPEAL OF CONFLICTING ORDINANCES

The Subdivision Control Ordinance enacted on September 19, 1961,
and all amendments there to be and are hereby repealed.

Adopted and made effective this '23 day of December, 1969.

THE COUNTY COMMISSIONERS OF KENT COUNTY

R. Clayton, Mitchell, Jr.
President

Percy M. Hepbron
Member

Thomas A. HaddawaY9 Jr.
Member

ATTEST:

f'*"athryn N. Pinder
[email protected]. to County Commissioners

NOAA COASTAL SERVICES CTR LIBRARY

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