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(a) Preferred shore erosion control measures. Vegetation shall be used as a shore erosion control measure unless it is demonstrated to be ineffective. In that event, an alternative measure shall be used in the following order of preference:
(1) vegetation in combination with a stone sill, groin, breakwater, or similar wave dissipating structure;
(2) the establishment or expansion of a beach by placing sand fill between the mean high-water line and mean low-water line;
(3) riprap and materials similar to riprap that are composed of loose, permeable components; or
(4) a bulkhead, groin, jetty, revetment, or seawall if the erosion rate is greater than two feet per year or when site constraints, such as water depth or topography, make other measures impractical.
(b) Structures parallel to shoreline. Shore erosion control structures built parallel to the shoreline may not extend beyond the natural shoreline at mean high water except to achieve a stable slope behind the structure.
(c) Replacement of damaged bulkheads and seawalls. Existing damaged bulkheads and seawalls may be replaced with a new structure within 18 inches of the old structure.
(Bill No. 3-05)
(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)
A developer may transfer density from a portion of a lot located in one zoning district to another portion of the same lot located in a more intense zoning district if the portion from which density is transferred is placed in a perpetual easement and designated for public use or held as open space by a homeowners' association.
(Bill No. 3-05)
Wells located on residential lots shall be located at least 50 feet from existing offsite agricultural land preservation easements and other farms that have a complete soil conservation and water quality plan approved by the Anne Arundel County Soil Conservation District.
(Bill No. 3-05)
When a floodplain analysis establishes a floodplain limit that differs from the floodplain limit shown on the Federal Emergency Management Agency's (FEMA) Floodplain Insurance Rate Maps (FIRM) or proposed structure s are shown in the FIRM floodplain but not in the floodplain limit established by the floodplain analysis, the developer shall apply for a revision or amendment to the affected FIRM and obtain a letter of acceptance from FEMA before recordation of the record plat or issuance of a building or grading permit.
(Bill No. 3-05; Bill No. 59-10)
(a) Road frontage. Subdivisions consisting of six or more residential lots for single-family detached dwellings and development consisting of six or more single-family detached dwellings shall provide frontage for each single-family detached dwelling on a public road. Subdivisions consisting of five or fewer residential lots for five or fewer single-family detached dwellings and development consisting of five or fewer single-family detached dwellings may provide frontage on a private road.
(b) Road names and building numbers. The Office of Planning and Zoning shall establish, maintain, and implement a system for the naming of roads and the numbering of dwellings and structures. The Office shall assign numbers to newly constructed dwellings and structures and names to new roads. The Office may change the addresses of existing dwellings and structures. The Office may change the names of existing roads, and may place or have placed at intersections or crossings signs indicating the names of roads.
(Bill No. 3-05; Bill No. 59-10)
(a) Generally. Any applicant changing the use of a mobile home park shall submit a mobile home park relocation plan for the park residents that meets the requirements of Title 8A of the Real Property Article of the State Code, shall comply with the plan as approved, and shall pay all fees established by this section. Final plan approval for subdivisions and final site development plan approval may not be granted until the applicant fully complies with the relocation plan.
(b) Review and monitoring of plans. The County may contract with Arundel Community Development Services, Inc. or a similarly qualified person or entity, to review, approve and monitor compliance with mobile home park relocation plans. A relocation plan, including any re-submittals, shall be reviewed and a written approval or denial issued no later than 45 days after the date of submittal. A denial shall include specific reasons for the denial.
(c) Fees. The mobile home park owner shall pay the fees due under § 17-11-101 for mobile home park relocation plan review and compliance monitoring as follows.
(1) All fees shall be paid at the time of application.
(2) The fee for compliance monitoring of a relocation plan shall be due for each mobile home occupied by a resident at the time of application for a change of land use.
(3) If the County enters into a contract in accordance with subsection (b), all fees due under this section shall be paid directly to the person or entity with whom the County contracts. Otherwise, all fees shall be paid to the County.
(4) An owner shall enter into an agreement with the County to provide security in the form of a letter of credit to secure the payment of any required relocation assistance not previously paid. An agreement to post security shall provide for the release of the security when all relocation assistance required to be paid pursuant to Title 8A of the Real Property Article of the State Code has been paid. An agreement and security posted under this subsection shall satisfy the requirement that the owner fully comply with the relocation plan prior to final plan approval, but does not relieve the owner of the obligation to pay the relocation assistance directly to qualified park residents or to provide confirmation satisfactory to the Office of Planning and Zoning that any relocation assistance required to be paid to residents has been fully paid prior to plat recordation or a recommendation to approve a site development plan.
(Bill No. 20-14)
A developer shall provide for underground facilities for utilities to serve a development in accordance with applicable law for underground facilities. The developer shall execute all required agreements relating to the underground facilities, including easements, and provide proof to the County that the agreements have been executed.
(Bill No. 53-06)
(a) Setbacks from certain roads. Unless the Planning and Zoning Officer approves a reduced setback under subsection (b), residential development shall provide for a setback from the property line to the edge of the mainline pavement of certain roads, exclusive of ramps, as follows:
(1) 485 feet to I-97;
(2) 600 feet to I-695;
(3) 560 feet to US 50;
(4) 440 feet to MD 10;
(5) 455 feet to MD 100;
(6) 450 to MD 32;
(7) 445 feet to the Baltimore-Washington Parkway; and
(8) for residential development along MD 3 (Robert Crain Highway, south of I-97), the minimum setback from the property line to the edge of the mainline pavement shall be based on a noise study from an acoustical engineer. The noise study shall determine if the sound level of the outdoor activity areas is at, above, or below an average of 66 dBA. If the sound level is over 66 dBA, a setback of 150 feet from the property line to the edge of the mainline pavement shall be imposed, subject to the provisions of subsections (b) and (c).
(b) Reduction of required setback; noise study. A setback required under subsection (a) may be reduced if:
(1) the site plan is designed to place outdoor activity areas in rear yards that are shielded from highway noise by proposed dwelling units and dwelling units are clustered to minimize front yards or to contain parking areas; or
(2) the developer conducts a noise study using Federal Highway Administration prediction methods and the study reflects that the highway traffic sound level in outdoor activity areas is at or below 66 dBA or that noise mitigation measures will bring the highway traffic sound level to a level at or below 66 dBA in outdoor activity areas and 45 dBA in indoor residentially occupied building spaces with highway traffic sound levels at the exterior building facades that exceed 66 dBA.
(c) Noise mitigation measures. Outdoor noise mitigation measures provided by the developer shall be noted on the proposed record plat and shall be located in open space maintained by a homeowners association, community association, or council of condominium unit owners. In the absence of open space, the developer shall provide a noise mitigation maintenance easement to be recorded in the land records and noted on the proposed record plat. Required indoor noise mitigation measures shall be noted on the building architectural plans.
(Bill No. 59-10; Bill No. 101-18)
(a) Scope. This section does not apply to an agricultural preservation subdivision or to a subdivision located in an RA District.
(b) Required open space generally. Unless the Planning and Zoning Officer grants a modification to allow a reduction in the amount of required open space, a minimum of 30% of the gross area of a residential site, excluding the area of transmission line easements, shall be dedicated permanently as open space for the use of the residents in the subdivision. The recreation area requirements of subsection (c) and wetlands and their buffers shall be located in required open space.
(c) Required recreation area generally. Unless the Planning and Zoning Officer under subsection (g) requires the developer to pay a fee in lieu of recreation area, a single-family detached, townhouse, semi-detached, or duplex subdivision that provides open space under subsection (b) shall have at least 1,000 square feet of recreation area for each dwelling unit. A multifamily subdivision that provides open space under subsection (b) shall dedicate and use 20% of the gross area of the site as recreation area. At least 50% of the required recreation area shall be reserved for active recreation, such as shared-use paths, tennis courts, swimming and boating areas, playgrounds, and playfields. The remainder of the recreation area may be passive recreation area and may be encumbered by forest conservation easements that permit minimal disturbance for trails, stormwater management areas, or environmentally sensitive areas.
(d) Open area and required recreation area for certain multifamily dwellings. A multifamily dwelling that has not provided an open space lot under subsection (b) shall have 45% of the gross area of the site as open area and 20% of the gross area of the site as recreation area. At least 50% of the required recreation area shall be reserved for active recreation, such as shared-use paths, tennis courts, swimming and boating areas, playgrounds, and playfields.
(e) Characteristics of recreation area generally. Recreation area shall be designed to demonstrate ADA accessibility to the maximum extent practicable, and may not include parking lot islands, transmission line easements, or strips with a width of less than 20 feet, other than shared-use paths.
(f) Conveyance or dedication. At the discretion of the County and to the full extent allowed by law, the County may require a developer to convey fee simple title of open space to the County without charge. Alternatively, if the property is adjacent to an existing State park and the State agrees to accept title, the County may require conveyance of open space to the State. If open space is not conveyed to the County or the State, a developer shall convey open space in fee simple to an incorporated homeowners association for the subdivision. Before recordation of the proposed record plat, the Office of Planning and Zoning and the Office of Law shall review and approve all documents deemed necessary to ensure that membership in the homeowners association is mandatory and automatic upon conveyance of title to any lot or unit in the subdivision and that the maintenance of open space owned by the homeowners association is guaranteed. The conveyance to the homeowners association shall be concurrent with the recording of the proposed record plat.
(g) Fee in lieu. The Planning and Zoning Officer may require a developer to pay a fee in lieu of establishment of recreation area if the Planning and Zoning Officer determines that land is not of significant quality or size for community purposes. The fees shall be used to provide public recreation areas and facilities in the County.
(h) Characteristics of active recreation area. Recreation area to be used for active recreation may not include wetlands or stream buffers, floodplains, forest conservation easements, stormwater management or drainage facility easements, inlets, outfalls, stormwater management credit areas, or slopes over five percent. Recreation area shall:
(1) be integrated into the subdivision design to create focal points along roads and at entrances;
(2) be square or rectangular in shape, to the extent practical, and suitable for recreation uses, such as tot lots, ball fields, and courts, or for recreation in formal parks and squares;
(3) have at least 20 feet of frontage on a public or private road;
(4) be centrally located among the lots it serves;
(5) be equitably distributed into two areas if the subdivision or site contains at least 50 residential lots or the site contains at least 50 residential units; and
(6) may include shared-use paths, which are not subject to the restrictions set forth in paragraphs (1) through (5) of this subsection.
(i) Characteristics of open space and open area. Open space and open area shall contain the active and passive recreation areas, environmentally sensitive areas, and stormwater management areas identified in the preliminary plan and sketch plan. These areas shall be incorporated into the site design to maximize views and accessibility from proposed dwelling units and public spaces. To the maximum extent practicable, open space and open area shall be located so as to augment land on adjacent property that has previously been identified as open space, open area, conservation or preservation areas, or that has been identified by the Office of Planning and Zoning as possible future open space, conservation or preservation areas. The developer shall integrate open space and open area into the site design to maximize environmental protections while creating quality community and public spaces.
(j) Design of bikeways and shared-use paths. Bikeways and shared-use paths shall be designed to be available for use by all lot or unit owners in the subdivision and in accordance with the Design Manual. Shared-use paths provided as active recreation area may only be considered as complying with all or part of the requirements of § 17-6-113 if the shared-use paths support the objectives of bicycle, pedestrian, and transit infrastructure and connectivity to existing, planned, or future offsite infrastructure, and if the shared-use paths are placed in a public easement or public right-of-way.
(Bill No. 59-10; Bill No. 78-18)
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