Streets serving subdivisions shall comply with the following requirements.
(A) New streets to be constructed as part of a subdivision or as other improvements on the land shall require a minimum right-of-way and paved surface width as stated in the Frederick County Design Manual. The functional classification of the street shall be as designated on the Highway Plan. If the proposed new street is not classified on the Highway Plan, then the Planning Commission shall review the classification of the road as proposed by the developer to determine if the construction will be adequate to meet the traffic generated.
(B) Whenever a proposed subdivision includes or abuts streets designated on the Highway Plan section of the Comprehensive Plan, the Planning Commission shall require, by dedication to public use, adequate right-of-way for the coordination of roads within the subdivision with other existing, planned or platted roads. Such dedication to public use shall be to the full extent of the right-of-way as required in the Highway Plan; except where the right-of-way to be dedicated is greater than a collector street, then a reservation of land to meet the right-of-way standards may be required. Before a reservation of land may be required for future dedication or acquisition for public streets, a survey plat for the location of the proposed streets must be approved and recorded in accordance with the provisions of Md. Code Ann., Land Use Article, Title 6, Subtitle 1, entitled "Street Reservation". When a right-of-way reservation is required, the Planning Commission may withhold approval for up to 12 months in order to comply with Md. Code Ann., Land Use Article Title 6, Subtitle 1. However, if the developer incorporates the recommendation of the Highway Plan as part of the subdivision plat submission, then the preceding procedure specified in Md. Code Ann., Land Use Article, Title 6, Subtitle 1 for reservation shall not be required.
(C) Where a proposed street involves state jurisdiction and is designated on the Highway Plan section of the Comprehensive Plan or the State Highway Plan and no definite alignment has been established, the Planning Commission may withhold approval of a subdivision plat for not more than 180 days from the application date to permit the state highway administration, if they so desire, to establish an accurate road alignment.
(D) In subdivisions that have individual lot access or where egress and ingress to that subdivision is by use of an existing street that does not meet the minimum improvement requirements for a local street, said street shall be improved by the subdivider to the standards of a local street for that portion of the street which abuts the subdivision in accordance with the following:
(1) The improvement standards contained in the Frederick County Design Manual;
(2) If the existing street is designated a collector street or higher in classification, the subdivider shall improve the street to the standards of a local street;
(3) Where topographic, transitional (from one property to another) or ownership problems are anticipated to occur, it may not be desirable or possible to meet all the improvement standards of the Design Manual. The Division may approve modifications to the requirements of the Design Manual in order to accomplish the intent and purpose of these regulations, with the exception of modifications to the separation requirements which shall be granted only by the Planning Commission;
(4) Appeal from the decision of the Division regarding modifications in street improvement standards may be by any county agency or person to the County Executive or designee.
(E) Coordination with the state highway administration will be required where existing or proposed state highways are involved.
(1959 Code, § 38A-72(b)) (Ord. 76-1-61, 1-12-1976; Ord. 80-4-156, § 1, 2-13-1980; Ord. 81-44-234, 12-22-1981; Ord. 83-18-285, 6-14-1983; Ord. 10-23-558, 10-19-2010; Ord. 14-23-678, 11-13-2014)