(A) The following rules of construction shall apply to the text of the chapter.
(1) The particular will control the general.
(2) The words “shall” and “will” are always mandatory and not discretionary. The word “may” is permissive.
(3) Words used in the present tense include the future; and words used in the singular number include the plural; and the plural includes the singular; words of the masculine gender will include the feminine and the neuter gender will refer to any gender as required, unless the context plainly indicates the contrary.
(4) A building or structure includes any part thereof.
(5) The phrase “used for” includes “arranged for, designed for, intended for, maintained for, or occupied for.”
(6) The word person includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.
(7) Unless it is plainly evident from the context that a different meaning is intended, a regulation which involves 2 or more items, conditions, provisions, or events connected by the conjunction “and, or,” or “either ... or,” the use of the conjunction is defined as follows:
(a) AND. All the connected items, conditions, provisions, and events apply together and not separately.
(b) OR. The connected items, conditions, provisions, or events apply separately or in any combination.
(c) EITHER ... OR. The connected items, conditions, provisions, or events shall apply separately but not in combination.
(8) The word “includes” does not limit a term to the specified examples, but is intended to extend the term’s meaning to all other instances or circumstances of like kind or character.
(9) When a term defined in the county subdivision regulations, zoning ordinance, or the county building code occurs in this chapter, it has the meanings specified in the subdivision regulations, zoning ordinance or building code, unless specifically defined in this chapter.
(10) The word “county” means Frederick County, Maryland. The word “state” means the State of Maryland.
(11) Throughout this chapter, all words, other than the terms specifically defined herein, have the meaning inferred from their context in this chapter or their ordinarily accepted definitions.
(B) In this chapter, the following terms are used as defined unless otherwise apparent from the context.
ADAPTIVE REUSE PROJECT. Rehabilitation or renovation of existing obsolescent or historic structure(s) from their original or most recent use to a new use.
ADEQUATE PUBLIC FACILITIES (APF). Those public facilities included in the context of this chapter which meet established minimum standards as further specified herein.
ADEQUATE PUBLIC FACILITY LETTER OF UNDERSTANDING. A letter from the Planning Commission to the developer which sets forth all terms, conditions and restrictions which must be satisfied for a finding of adequacy.
AGE-RESTRICTED COMMUNITY. A development or portion thereof which has been designated as an age-restricted community in accordance with § 1-19-10.500.10 of the Zoning Ordinance.
AMEND or AMENDMENT. Any repeal, modification, or addition to a regulation; any new regulation.
APFO TEST DATE. The later of: (1) the date of plan submission, or (2) the first date upon which all necessary APFO documentation and materials have been submitted.
APPROVED DEVELOPMENT. For testing adequacy of schools under § 1-20-61(C)(2), an approved development consists of 50 dwelling units or more, with existing APFO (or equivalent) approval, and is located in the same attendance area(s) as the proposed development.
AT ONE LOCATION. All adjacent land of the applicant if:
(1) The property lines are contiguous at any point; or
(2) The property lines are separated only by a public or private street, road, highway or utility right-of-way, or other public or private right-of- way at any point except for an approved plat of public taking; or
(3) The property lines are separated only by other land of the applicant which is not subject to this chapter at the time of any permit, site plan, development or subdivision application by the applicant.
BACKGROUND ENROLLMENT GROWTH. The average annual impact of equated student enrollment changes during the preceding 3 years in the school attendance areas serving the proposed development with appropriate adjustments made in the determination by the Frederick County Public Schools to eliminate student enrollment changes caused solely by school redistricting.
CAPITAL BUDGET. The current and first year of the approved CIP.
CAPITAL IMPROVEMENT PROGRAM (CIP). An annual document adopted by the county indicating county capital projects having funding approval for the current fiscal year and those capital projects which are currently planned for the following 5 year period, including the proposed means of financing the same.
COMPREHENSIVE PLAN. A composite of mapped and written text, the purpose of which is to guide the physical development of the county, and is adopted by the county and includes all changes and additions thereto made under the provisions of Md. Code Ann., Land Use Article.
CONSOLIDATED TRANSPORTATION PROGRAM (CTP). An annual document prepared by the Maryland Department of Transportation and approved by the Maryland General Assembly indicating state transportation projects which have funding approval for the current fiscal year and those projects which are planned for the following 5 year period.
DEVELOPER. An individual, partnership, corporation (or agent thereof), or other entities that undertakes the responsibility for any or all of the activities covered by this chapter and Chapters 1-16 and 1-19, particularly the designing of a subdivision plat or site development plan showing the layout of the land and the public improvements involved therein. In as much as the subdivision plat is merely a necessary means to the end of assuring a satisfactory development, the term DEVELOPER is intended to include the term SUBDIVIDER, even though the personnel involved in successive stages of the project may differ.
DEVELOPER-FUNDED. Improvements or facilities which are:
(a) Required to be provided or funded by a developer as a condition of APFO approval; and
(b) Guaranteed by cash escrow, letter of credit, or other form of guarantee acceptable to the County Attorney.
DEVELOPMENT. The area of land which is subject to preliminary plan, site plan or Phase II plan approval, or expansion of existing use and which is subject to subdivision, site plan or Phase II plan review.
DIVISION. The Frederick County Division of Planning and Permitting, and any successor to this Division.
FEE-IN-LIEU. A cash payment made to an agency in an amount approximately equal to the cost of providing a service or constructing an improvement for the purpose of having the service or improvement provided or constructed by others.
FINAL PLAT. The final map, drawing or chart upon which the subdivider’s plan of subdivision is presented to the Planning Commission or county staff for approval and which, if approved, will be submitted for recording among the land records for Frederick County.
FREEWAY AND EXPRESSWAY MAINLINE. The through travel lanes not involved with interchanging or intersecting movements on fully or partially access controlled highways, such as the interstate highways, US 340, and US 15.
GOVERNMENT PROJECTS. Any building, structure, or alteration thereof paid for and used by the local, state or federal government entities.
GUIDELINES. County adopted guidelines titled "Guidelines for the Preparation of Traffic Impact Analyses for Development Applications."
HOUSING FOR OLDER PERSONS. Housing intended for, and occupied by, older persons in accordance with the provisions of 42 U.S.C. § 3607(b)(2), as amended.
INTERSECTION. The at-grade crossing of roadways usually controlled by a traffic signal, stop or yield signs or a roundabout.
LEVEL OF SERVICE (LOS). A standardized index of relative service provided by a transportation network element ranging from "A" to "F" with "A" representing free, unobstructed flow and "F" representing a forced flow beyond the capacity of the transportation network element, or in the case of intersections a measurement of delay where "A" represents the least delay and "F" the most, as defined in the "Highway Capacity Manual" published by the Transportation Research Board.
LIMITED IMPACT DEVELOPMENT. A development that is projected (by the approved TIA) to lower the level of service (LOS) of a roadway by not more than 30% of one LOS and does not result in an LOS of "E" or "F".
LOT. A contiguous area of land separated from other areas of land by separate description (including a recorded deed, a subdivision plat or record of survey map, or by metes and bounds) for purpose of sale, lease, transfer of ownership or separate use.
LOT OF RECORD. Any lot legally recorded in the land records of the county which has been the subject of subdivision approval.
MAJOR SUBDIVISION. Any original parcel which has been or is proposed to be subdivided to create 6 or more lots.
MINOR SUBDIVISION. Any original parcel which has been or is proposed to be subdivided to create 5 or fewer lots.
MORATORIUM. A moratorium or other legislation adopted by the county preventing the recordation of plats or halting a development because of inadequate school, road, water or sewer capacity.
MXD. The Mixed Use Development Floating Zone established in § 1-19-10.500 of the Frederick County Code.
PLANNED UNIT DEVELOPMENT (PUD). A floating zoning district approved by the county which allows a variety of uses and dwelling unit types in accordance with an approved plan and schedule of improvements as established in § 1-19-10.500 of the Frederick County Code.
PRELIMINARY PLAN. The preliminary drawings and supplementary materials indicating the proposed layout of the subdivision to be submitted to the Planning Commission for its consideration.
PUBLIC SAFETY FACILITY. A unit dedicated to providing immediate and direct emergency response to fire, medical service, crime, and other community safety needs.
PUBLIC SCHOOL FACILITY EXPENDITURES. Include capital costs in connection with the construction of public school facilities, including planning, design, engineering, land acquisition, legal, appraisal and other costs related to financing and development, costs of compliance with purchasing procedures and applicable administrative and legal requirements, and all other costs necessary or incidental to provision of public school facilities.
PUBLIC WORKS AGREEMENT. A contract between the developer and the county to complete the necessary improvements in accordance with the approved plans and specifications by a given date.
RESUBDIVISION. A further division of a previously recorded lot or lots to create additional lots.
ROADS. Public rights-of-way recognized and maintained by the state, county or municipality, including, but not limited to, pavement, drainage, traffic control devices, bridges, and culverts.
SITE DEVELOPMENT PLAN (SITE PLAN). The plan indicating the location of existing and proposed buildings, structures, paved areas, walkways, vegetative cover, landscaping and screening within a site proposed for development which is to be submitted to the Planning Commission and/or staff for approval prior to the release of building permits on the site.
STATE RATED CAPACITY (SRC). The maximum number of students, as determined by the state, that can be reasonably accommodated in a school facility without significantly hampering delivery of the given educational program.
STRUCTURAL ADEQUACY. Determination by county DPW design engineers that the pavement cross-section (or bridge design) is of sufficient depth and design to carry the increased
traffic volume generated by the proposed development, including the heavy construction vehicles which will be present, without causing undue failure of the infrastructure.
SUBDIVISION. The division of a lot, tract or parcel of land into 2 or more lots, parcels, sites or other divisions of land for the purpose, whether immediate or future, of transfer of ownership or for building development. It includes resubdivision and, when appropriate to the context, relates to the process of resubdividing or to the land or territory subdivided.
TRAFFIC IMPACT ANALYSIS (TIA). A report which assesses the traffic impact of a development proposal for testing road adequacy.
ZONING ADMINISTRATOR. The administrative officer in charge of zoning administration within the Community Development Division.
(Ord. 98-03-205, 3-17-1998; Ord. 02-04-300, 3-5-2002; Ord. 03-13-336, 9-2-2003; Ord. 06-04-400, 1-17-2006; Ord. 07-21-461, 6-12-2007; Ord. 07-26-466, 8-7-2007; Ord. 08-20-496, 7-17-2008; Ord. 08-26-502, 10-14-2008; Ord. 09-19-523, 7-7-2009; Ord. 09-20-524, 7-7-2009; Ord. 10-26-561, 11-9-2010; Ord. 11-17-583, 7-19-2011; Ord. 11-18-584, 7-19-2011; Ord. 11-21-587, 9-6-2011; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014; Bill No. 22-17, 10-25-2022)