(A) All subdivisions shall be subject to rules, regulations and restrictions set forth in the Frederick County Adequate Public Facilities Ordinance (APFO), Chapter 1-20. In addition, the Planning Commission may disapprove any subdivision of land if it is found that any 1 of the following public facilities are not adequately provided to the proposed subdivision.
(B) Road adequacy. The proposed subdivision must have access to 1 or more paved collector or higher classification road(s) either directly, or via continuous and adequate public roads, in the direction(s) determined by the Planning Commission. The road(s) which provide the most direct access route to the proposed subdivision for the closest emergency response service must also be adequate. The Planning Commission may use maps, the opinions of county staff, and site inspection to determine if the access routes to the proposed subdivision are adequate. The Planning Commission will consider the Frederick County Roads and Streets Design Manual and Division and county policies to determine:
(1) The adequacy of sight distances, both vertical and horizontal;
(2) Whether the vertical road alignment meets the safety standards of the County Design Manual; and
(3) Minimum roadway widths and surfaces, in accordance with the following requirements:
(a) For minor subdivisions.
1. The width at all points along the access roads from the site to the nearest collector road(s) must allow for 2 vehicle passability and provide access for emergency response vehicles and school buses, such that 2 opposing vehicles can safely pass. A 16 foot travelway width shall be the normal minimum standard required for 2 vehicle passability. Except as provided under subsection (3) below, travelways falling between 14 feet and 16 feet at any point may be reviewed by the Planning Commission (or the Director in accordance with subsection 2. below) on a case-by-case basis to determine whether 2 vehicles can pass safely and emergency vehicles and school buses have access. Travelways less than 14 feet at any point will not be considered adequate. Minor subdivision may occur on gravel, stabilized or paved surfaces. In cases where the applicant proposes to widen the travelway, construction methods and materials shall be as specified in the Design Manual. The applicant must obtain all necessary easements, plan approvals, and permits prior to commencement of construction.
2. The Director shall have the authority to determine that road access for a minor subdivision is adequate if all of the following conditions are met;
(i) Lot access is on a road that connects directly to a collector or arterial road; and
(ii) The section of road between the lot access and the collector or arterial road meets the minimum 16-foot road width requirements; and
(iii) The section of road meeting subsections (i) and (ii) above is the most direct access route for the closest emergency response services and for the future lot owners; and
(iv) The vertical and horizontal sight distances and existing grades do not pose safety concerns.
3. Except as provided in § 1-16-236(K)(2)(b)1., in the agricultural and resource conservation zoning districts, travelway widths falling between 14 feet and 16 feet at any point may be approved at staff level. If staff does not support approval of the travelway, the applicant may request a review by the Planning Commission.
(b) For major subdivisions. Lots must directly access a publicly-maintained road with a continuously paved surface that is at least 20 feet in width. Except, however, 5 lots or less within a major subdivision (counting proposed and previously recorded lots) will be permitted to have direct access on existing gravel or stabilized surface roads with a minimum 16 foot travelway, provided that the gravel or stabilized surface road is not an access route for other development on the original parcel and provided that all other requirements for adequate public facilities are met.
(4) The Division may determine that road access for a minor subdivision is adequate if a bridge crossing is the only point along the road that falls below the minimum width requirement, and where:
(a) There are adequate areas for vehicles to pull to the side of the road to wait for oncoming traffic that is crossing the bridge; and
(b) There is adequate sight distance and/or signage leading to the approach of the bridge to provide motorists with advance warning of the narrow travelway.
(5) Road access requirements of this section shall not apply to subdivision of land to create separate lots for each existing residential structure (built as of November 18, 1992), but no further subdivision will be permitted on the remainder unless access complies with the provisions of this section.
(6) Subdivisions utilizing existing or proposed dead end streets or cul-de-sacs shall adhere to the requirements under § 1-16-236 of this Code.
(C) Water and sewer facilities. The proposed subdivision shall be disapproved unless the following provisions are made for the disposal of sewage and the provision of water:
(1) Prior to plat approval the proposed subdivision must be classified on the county water and sewer plan for the appropriate water and sewer classifications which are necessary to provide for the method of sewage disposal and water supply proposed for the subdivision;
(2) Prior to plat approval, each building lot has been approved for individual and/or community sewerage and water facilities by the appropriate approving authority; and
(3) Prior to plat approval, the requirements of § 1-16-106 have been satisfied.
(1959 Code, § 38A-28) (Ord. 76-1-61, 1-12-1976; Ord. 77-2-79, 1-31-1977; Ord. 80-4-156, 2-13-1980; Ord. 80-15-167, 6-10-1980; Ord. 81-44-234, 12-22-1981; Ord. 93-05-069, 2-2-1993; Ord. 94-11-106, 6-21-1994; Ord. 01-02-276, 2-20-2001; Ord. 10-23-558, 10-19-2010; Ord. 12-25-620, 9-27-2012; Ord. 14-23-678, 11-13-2014)
Cross reference:
Grading and sediment control, see Chapter 1-10