(a) Subdivision roads generally. To the maximum extent practicable, roads within a proposed subdivision shall be designed to minimize grading and impacts to natural features, and impacts to adjoining properties.
(b) Road improvements for agricultural preservation subdivisions and certain cluster developments. In an agricultural preservation subdivision, the road improvements required by the DPW Design Manual apply with respect to the road frontage of the owner's and the childrens' lots only. In a cluster development in an RA or RLD Zoning District, the road improvements required by the DPW Design Manual apply with respect to the road frontage of the cluster lots only.
(c) Interconnections between subdivisions. Roads other than alleys shall be designed to provide a connection between subdivisions of similar zoning and use unless the Office of Planning and Zoning determines that the interconnection will result in unnecessary impact to the environment or adjacent residentially zoned and developed properties.
(d) Residential subdivisions. Access to residential subdivisions through commercial and industrial development is allowed only if no other access is available.
(e) Frontage on a collector or arterial road. If a proposed subdivision has frontage on a collector or arterial road, the roads within the proposed subdivision shall be designed to minimize driveway access to the collector or arterial road.
(f) Orientation of proposed units. A proposed subdivision and road layout shall be designed to minimize orienting the rear facades of proposed units toward a public or private road other than an alley.
(g) When further subdivision allowed. If a proposed lot or bulk parcel within a subdivision may be further subdivided, a right-of-way of adequate width to accommodate the future development potential shall be provided for the lot or parcel.
(h) Mixed use and high density residential developments. Roads within a subdivision containing mixed use or high density residential developments shall be designed to accommodate mass transit service by providing sidewalks, crosswalks, stopping lanes, and bus waiting facilities at appropriate areas as determined by the Office of Planning and Zoning.
(i) Public roads. Public roads within a proposed subdivision shall be designed, to the maximum extent practicable, to minimize impervious surfaces, grading, and impacts to natural features, and to enhance multi-modal transportation options.
(1) The right-of-way for public roads shall be conveyed by dedicating and deeding the land to the County or State in fee simple. If a proposed subdivision other than an agricultural preservation subdivision borders a County or State road that does not comply with County or State standards, the developer shall dedicate and deed sufficient right-of-way to comply with the standards and to accommodate pedestrian and bicycle facilities identified in the current County Pedestrian and Bicycle Master Plan and other transportation or development plans or programs adopted by the County, except that in a cluster development in an RA or RLD District, the developer shall dedicate and deed in fee simple sufficient right-of-way to comply with the standards on the road frontage of the cluster lots only.
(2) Generally, roads within and serving commercial, industrial or multifamily residential development shall be privately owned and shall be served by privately owned stormwater management facilities.
(3) To the maximum extent practicable, roads in the R2, R1, RLD, and RA Zoning Districts shall be open section roads and roads in all other zoning districts shall be closed section roads with swales.
(4) The developer shall convey to the County a perpetual easement in the clear sight triangle of pre-existing road intersections and new rights of way.
(j) Private roads; declaration. Proposed new private roads shall be designed to accommodate areas for mail delivery and the collection of residents' garbage and recyclable materials and to encourage opportunities for multi-modal transportation connections. Generally these areas shall be in close proximity to public roads. The developer shall prepare and record a declaration of covenants, conditions, and restrictions requiring that, in the absence of a homeowners association or condominium regime legally responsible for maintenance of the private road, owners of newly created lots abutting a private road shall be responsible for the maintenance of the private road. For private roads developed in connection with a subdivision requiring the creation of a homeowners association, the declaration shall be binding on the homeowners association and the homeowners association shall be responsible for maintenance of the private road. For private roads developed in connection with a condominium regime, the declaration shall be binding on the condominium regime's council of unit owners and the council of unit owners shall be responsible for maintenance of the private road. For development in the absence of a homeowners association or condominium regime the declaration shall be binding on all abutting property owners and those abutting property owners shall be responsible for maintenance of the private roads. Any declaration required by this section shall be recorded in the land records.
(Bill No. 59-10; Bill No. 78-18)