(A) Types of plats.
(1) When the owner of a lot or parcel wishes to add additional land to a lot or parcel, an addition plat must be filed.
(2) When 2 or more lots in the same ownership are effectively utilized so as to virtually eliminate the interior lot lines, such as by the construction of a permanent structure across lot lines, an addition plat combining the affected lots, or the affected portions of said lots or property thereof, into 1 or more property/lot(s) will be required, with the result being to bring the affected property/lot(s) into conformance with applicable county regulations.
(3) When an addition of land to a lot of record is required in order to create a buildable lot, a combined preliminary/final subdivision plat and addition plat must be filed. The applications shall meet all of the requirements of this chapter.
(B) General requirements of addition plats.
(1) An addition plat shall not be approved if it results in the creation of any lot (or remainder parcel) less than the minimum lot size required for its zoning district, or results in the creation of any lot (or remainder parcel) which would be in violation of any other applicable zoning or health regulations.
(2) All resulting lots and any remaining parcels created by an addition plat shall conform to all existing zoning regulations, with the exception of preexisting, nonconforming zoning conditions.
(3) When an addition parcel adjoins a public road, a right-of-way dedication must be provided along the addition portion. Road improvements by the owner will not be required, unless required by the Planning Commission. In the case of a combined preliminary/final subdivision plat and addition plat, dedication must be provided along the entire frontage of the new buildable lot, and road improvements may also be required.
(4) Building on addition parcels is permitted; however, building on addition parcels in agriculturally zoned land must satisfy the criteria in subsection (5) below;
(5) On agriculturally zoned land, no principal dwelling may be built on the addition parcel unless the criteria set forth in subsection (a) or (b) below have been met.
(a) A principal dwelling may be constructed on the addition parcel only if the original parcel met the minimum lot size requirements and:
1. A house, well, and septic area meeting all applicable regulations could potentially be located on the original parcel;
2. An improvement in lot layout results;
3. All other zoning/subdivision requirements have been met; or
(b) An addition parcel of 2 acres or less containing an existing principal dwelling structure may be added to a lot. Other required improvements, such as septic and wells, may be located on the addition portion.
(c) Any modifications to these requirements will require Frederick County Planning Commission’s approval.
(6) Additions shall not be made to agriculturally zoned parcels in order to create development potential on original parcels which have floodplain, failed septic percolation test results, size or configuration limitations, or other features which limit the original parcel's development potential as determined by the Planning Commission.
(7) Accessory structures, including garages, barns, or tenant houses are allowed on the addition parcel. However, in the agricultural zoning district, the number of permitted tenant houses will be based on the size of the lot of record prior to any additions of land from property that is not a part of the original agricultural tract.
(8) Additions shall not be permitted in cluster development so as to increase individual or average lot sizes above those permitted in the zoning ordinance or by the approved cluster plan.
(C) Methods of recordation.
(1) The Director, or a designated staff person, shall be empowered to approve addition plats and such approval shall be noted on the plat.
(2) The approved addition plat shall be recorded with the clerk of the circuit court of the county.
(c) Any modifications to these requirements will require Frederick County Planning Commission’s approval.
(D) Required information. When filing an addition plat, the following information must be provided:
(1) A boundary survey for the land to be added must be provided at the following scales:
(a) For resulting lots less than 3.01 acres, no smaller than 1” = 100’;
(b) For resulting lots equal to or greater than 3.01 acres, no smaller than 1” = 200’.
(2) The lot or parcel to which the addition is to be added shall be shown at the above mentioned scales. If the required information will not fit on the plat page, the following scales shall be used:
(a) For parcels under 25.01 acres, 1” = 200’;
(b) For parcels equal to or greater than 25.01 acres, 1” = 400’.
(3) For the lot or parcel from which the addition parcel is to be removed, the following information is required.
(a) If less than 5.01 acres remains:
1. If the land is unimproved, the original lot or parcel shall be shown at the scale listed under subsection (2) above, and a note shall be placed on the plat stating that the remainder is not an approved building lot until such time as the Health Department approves water and sewer services and/or proper water and/or sewer classification is obtained for property which will be served by public water and/or sewer.
2. If the land is improved land, the lot or parcel shall be shown at the scale listed under subsection (2) above. Structures, well and septic locations and/or proper water and sewer appurtenances shall be shown if they are visible from above ground or if shown in Health Department records;
(b) If 5.01 acres or greater remain, platting of the remaining lot or parcel is not required, although the vicinity map shall be used to illustrate the remaining lands. House, well and septic locations shall be shown if they are within 100 feet of the addition line, and if they are visible or shown in Health Department records.
(4) Vicinity map indicating the location of the property with respect to surrounding property and streets at a scale no smaller than 1” = 2,000’. Tax map page and parcel number shall also be shown.
(5) The owners’ names and liber and folio deed references for all adjoining property. In the event that a recorded subdivision adjoins the land, the subdivision name, lot number, block number and recording reference shall be indicated. (All this information shall be shown with dashed lines.)
(6) North arrow and a statement indicating the origin and method of determination of the bearings or coordinate system shall be made on the plat.
(7) Title block, including the following information:
(a) Label “addition plat;”
(b) Proposed name;
(c) Scale of plat (feet);
(d) Location by street;
(e) Election district (both name and number), county and state;
(f) Date;
(g) Tax map and parcel number, and tax ID number; and
(h) Planning region.
(8) Name, address and phone number of the owner(s) and registered surveyor. The surveyor must be licensed in the state.
(9) A surveyor’s certificate stating how, when, and from whom the present owner(s) obtained the land and that the plat as shown is correct. The Division shall specify the exact wording to be used.
(10) A certification and dedication by the owner(s) of the property and all those having an interest in the affected property, to the effect that the subdivision as shown on the addition plat is made with the owner’s consent, and that the owner desires to record the plat. The Division shall specify the exact wording to be used.
(11) The owner’s certification and dedication must be notarized in accordance with applicable law.
(12) If a road dedication is required, drafting information for dedicated areas as described in § 1-16-88.
(13) The following note shall be added to the plat:
“Application is hereby made for your approval of the indicated transfer of land solely for the purpose of adding to adjoining holdings and not for development. Any future subdivision or development of this land will be submitted in the regular manner for approval in accordance with all applicable regulations.”
(14) A note “to the clerk of court” stating:
“This plat complies with § 1-16-7 of the Frederick County Code,” dated and signed by the Director.
(15) All structures, driveways, septics, well and manmade features within 100 feet of the addition parcel on the original land from which the transfer was made, or a note stating there are none visible or shown in Health Department records to be within 100 feet of the addition parcel.
(16) All septic and well locations and building restriction lines which are shown on existing lots of record to which the addition is being made.
(17) A note stating that a 6-foot drainage and utility easement is to be reserved along all resulting external lot lines.
(18) A note stating that a confirmatory deed shall be recorded in the county land records, that the recorded addition plat shall be referenced in this and all successive deeds, and that the addition parcel(s) shall not be sold, transferred, or developed as a separate lot, parcel, or tract.
(19) When an addition is made to a lot of record in order to provide a means of fee-simple road frontage (such as when a panhandle is added to a landlocked parcel), or when an addition of land results in a significant decrease of fee-simple road frontage (such as when an addition creates a panhandle), it must be demonstrated that: (a) adequate sight distances exist at the potential future driveway entrance location; or (b) no alternative driveway entrance location can be provided.
(20) An unrecorded addition plat shall become void 5 years after the application date.
(1959 Code, § 38A-23) (Ord. 78-11-109, 4-3-1978; Ord. 80-15-167, 6-10-1980; Ord. 81-44-234, 12-22-1981; Ord. 83-18-285, 6-14-1983; Ord. 90-43-641, 11-9-1990; Ord. 10-23-558, 10-19-2010; Ord. 12-25-620, 9-27-2012; Ord. 14-23-678, 11-13-2014)