(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. If a word is not defined by this chapter, but is defined by the Zoning Code as amended, then the Zoning Code definition shall apply by reference, regardless of whether the lot is regulated by the Zoning Codes. Any word or term not defined in this section or the Zoning Code have a meaning of standard usage as determined by the Subdivision Administrator, within the context of the word's use within the applicable section of this chapter.
AASHTO. The American Association of State Highway Transportation Officials.
ALLEY. A vehicle right-of-way that mainly provides secondary access to the side or rear of lots, and that serves more than 1 lot.
APPLICANT. A landowner or developer who has filed an application for a subdivision, including his/her heirs, successors and assignees.
ARTICLE 66B. Md. Code, Article 66 entitled “Zoning and Planning,” as amended.
BOARD OF COMMISSIONERS. The Board of Commissioners of Garrett County.
BUILDING. A combination of materials to form a permanent structure having walls and a roof. This shall include all mobile homes and trailers used for human habitation.
BUILDING SETBACK LINE. The rear lines of the minimum front yard required by the Zoning Ordinance, measured from the road right-of-way line.
CARTWAY. The portion of a road designed for vehicle traffic and any areas intended for on-road parking.
DNR. The Maryland Department of Natural Resources, and its successor agencies.
DENSITY. The maximum number of dwelling units allowed per gross acre of land in a parcel being subdivided or developed as a condominium, not including accessory dwelling units.
DEVELOPER or SUBDIVIDER. Any landowner, agent of such landowner or tenant with permission from a landowner, who makes or causes to be made a subdivision of land.
DEVELOPMENT. Any activity, other than normal crop farming and forestry activities, but including grading of roads for forestry, which materially affects the existing condition or use of any land or structure. This shall include, but not be limited to the erection of structures, the placement of mobile homes, the improvements of roads and other paving, and the filling or grading of land.
DEVELOPMENT RIGHTS AND RESPONSIBILITIES AGREEMENT. An agreement made between the county and a person having a legal or equitable interest in real property for the purpose of establishing conditions under which development may proceed for a specified time.
DRIVEWAY. A privately-owned, constructed and maintained vehicle accessway from a street to individual buildings, and which does not meet the definition of a road or an alley.
DWELLING TYPES. The definitions in the Zoning Code shall apply.
EASEMENT. A grant by the property owner to the public, a corporation, a person, or group of persons, or another tract of land of a use of land for specified purposes.
ENGINEER, COUNTY. The person designated by the Board of Commissioners to perform all duties required of the County Engineer by the provisions of this chapter, or his/her designee.
ENGINEER, PROFESSIONAL. A person licensed to practice as a professional engineer in the state.
FLAG LOT. A residential lot that is shaped like a flag and connected to the nearest road only by an unbuildable strip of land (the flagpole area) which is not less than 25 feet in width.
FLOODPLAIN. See the County Floodplain Management Ordinance (Ch. 151).
GRADE. The elevation of ground or paving.
GROSS AREA. The total land area of a lot or parcel, including floodplains and wetlands, but not including land within road rights-of-way.
IMPROVEMENT AGREEMENT. An agreement in a form and manner acceptable to the county requiring a developer to install the improvements required by this chapter or which appear on the official approved plans.
LANDOWNER. The owner of a legal or equitable interest in land, including the holder of a formal option or contract to purchase (whether or not the option or contract is subject to any condition), a leasee (if he or she is authorized under the lease to exercise the right of the landowner), or other person having a proprietary interest in land.
LOT. A contiguous area of land within defined lot lines that is a distinct and legally recorded separate parcel of land according to the official records of the County Clerk. This term has the same meaning as PARCEL.
LOT AREA. The gross area contained within the property lines of a lot of record, including area within easements but excluding area within road rights-of-way.
LOT LINE. A boundary property line of a lot.
(1) FRONT LOT LINE. The legal road right-of-way line. If a future right-of-way width is designated and legally adopted pursuant to Md. Code, Article 66B, then the front lot line shall be such future right-of-way line.
(2) REAR LOT LINE. Any lot line that is approximately parallel to or within 45 degrees of being parallel to a road right-of-way line. In the case of a corner lot, the owner shall have the option of choosing which of the 2 lot lines that do not abut roads shall be considered a rear lot line. In the case of a lot having no road frontage or an irregular shape, then the lot line furthest from the road shall be considered the rear lot line.
(3) SIDE LOT LINE. Any lot line that is not a FRONT LOT LINE or a REAR LOT LINE.
LOT LINE ADJUSTMENT. The revision or deletion of 1 or more lot lines in a way that all of the following are true:
(1) No new lots will be created beyond what was previously approved;
(2) No additional road segments or significant changes in alignment are proposed other than what was previously approved; and
(3) No additional nonconformities will be created under any applicable zoning ordinance.
LOT, REVERSE FRONTAGE. A lot that abuts a public road on 1 side of the lot, but has vehicular access only from a public road on the opposite side of the lot.
LOT WIDTH. The distance between side lot lines measured along a line parallel to the front lot line.
(1) Where a minimum front yard is established under the Zoning Ordinance, the minimum lot width shall be measured along the "building setback line."
(2) Where a minimum front yard is not established under a zoning ordinance, then the minimum lot width shall be measured 50 feet back from the road right-of-way line, unless specifically stated otherwise in this chapter.
(3) Around the bulb of an approved cul-de-sac or hammerhead turnaround, the minimum lot width may be reduced by 40%, provided that the average of the rear lot line length and the lot width at the front of the proposed principal building is equal to or greater than the full minimum lot width requirement.
(4) See flag lot exceptions in § 159.032.
MAJOR SUBDIVISION. See SUBDIVISION, MAJOR.
OPEN SPACE, COMMON. Protected open space that is owned by a homeowner association.
OPEN SPACE, NON-COMMON. Protected open space that is privately-owned.
OPEN SPACE, PROTECTED. The definition in the Zoning Code shall apply.
ORDINANCE, THIS. The Garrett County Subdivision Ordinance, as amended, and any provisions thereof, enacted by the Board of Commissioners.
PARCEL. A tract, lot, or area of land.
PLANNING COMMISSION. The Garrett County Planning Commission.
PLANNING DIRECTOR.
The Assistant Director of the Department of Community Planning and Development – Office of Planning and Land Management or the equivalent position in any successor agency responsible for administration of the ordinance.
PLAT or PLAN. A map of a subdivision and accompanying notations.
(1) SKETCH PLAT OR PLAN. An informal plan, identified with the title SKETCH PLAT on the map, indicating the general layout of the proposed subdivision.
(2) PRELIMINARY PLAT OR PLAN. A complete plan identified with the title PRELIMINARY PLAT accurately showing proposed roads and lot layout and other information as required by this chapter.
(3) FINAL PLAT OR PLAN. A complete and exact plan identified with the title FINAL PLAT including the plan prepared for official recording as required by this chapter to define property rights and proposed roads and other improvements.
PUBLIC ROAD. A road that is owned or maintained by an incorporated town, the county or the state.
RESERVATION; RESERVE. The identification and setting aside of an area of land on a subdivision plat for future acquisition for public use, which subjects the land reserved to use limitations for a specified period of time. Such land may be designated in the Comprehensive Plan, in the county or state capital improvement program, or the state highway needs inventory.
RESOURCE PARCEL. A protected open space parcel designated for private ownership and use.
ROAD. A public or private thoroughfare which affords the principal means of access to 3 or more lots or that is an expressway, but not including an alley or a driveway.
ROAD, CUL-DE-SAC. A type of road which is terminated at 1 end by a permitted turn-around and which intersects another road at the other end.
ROAD, PUBLIC. A road that is owned or maintained by an incorporated town or city, the county or state.
RURAL CHARACTER. A quality formed by land uses and landscapes that are primarily farmland and natural environmental areas. Rural character can include buildings that are supportive of rural land uses and blend with the landscape.
SCENIC VIEWS OR VIEWSHED. A view from a public place of elements with scenic value, including outstanding natural features such as forests, mountains, steep topography, stream or river valleys; agricultural landscapes including elements such as panoramic or distant views, fields, cropland, pastures, ponds, hedgerows, stone or wooden fences, and farm buildings or farmsteads; or views of historic resources. Scenic views are valuable natural and cultural resources which enhance the quality of life of residents and visitors of Garrett County.
SEWAGE DISPOSAL SYSTEM. A system designed to collect, treat and dispose of sanitary sewage from users in compliance with regulations of the state and the county.
(1) CENTRAL SEWAGE SERVICE. Service by a sewage disposal system which collects, treats and disposes sewage from more than 1 dwelling, principal use or lot.
(a) PUBLIC SEWAGE SERVICE. Central sewage service with the mains and the treatment facility owned and/or operated by a municipality, a sanitary district or the county.
(b) PRIVATE CENTRAL SEWAGE SERVICE. Central sewage service that does not meet the definition of PUBLIC SEWAGE SERVICE.
(c) COUNTY-APPROVED CENTRAL SEWAGE SERVICE. Central sewage service that meets the requirements for county-approved service in § 159.115.
(2) ON-LOT SEWAGE SYSTEM. A sewage disposal system which collects, treats and disposes of sewage or holds sewage from only 1 dwelling unit or principal use.
STREET. See ROAD.
SUBDIVIDER. See DEVELOPER.
SUBDIVISION. The division of a lot, tract or parcel of land into 2 or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale or of building development. The term SUBDIVISION shall include a re-subdivision of land, and when appropriate to the context, relates to the process of re-subdividing or to the land or territory subdivided.
SUBDIVISION, MAJOR. Any subdivision of land which does not qualify as a “minor subdivision.”
SUBDIVISION, MINOR. A proposal involving land which is either:
(1) A lot line adjustment; or
(2) A subdivision which:
(a) Results in a maximum total of 5 new residential lots of any permitted size or new agricultural lots of more than 10 acres each, in addition to the 1 pre-existing parent lot; and
(b) Does not involve an extension or new segment of a road (other than what was previously
approved).
(3) To discourage numerous piecemeal subdivisions, if 6 or more new lots have received final subdivision approval from the same parent tract within the previous 3 years, then any new proposed lot shall meet the requirements for a major subdivision.
(4) For purposes of implementation of § 9-206(A)(6) of the Environment Article as amended by the Sustainable Growth and Agricultural Preservation Act of 2012 only, a subdivision which results in a maximum of 7 new residential lots of any permitted size in addition to the one pre-existing parent lot.
SUBDIVISION ADMINISTRATOR. The county staff-person(s) designated by the Board of Commissioners with the responsibility of administering this chapter. The Subdivision Administrator shall be the Director of Planning and Land Development or his/her designees, until the Board of Commissioners may designate another staff-person to serve in such capacity.
SUBDIVISION ORDINANCE or THIS ORDINANCE. The Garrett County Subdivision Ordinance, as amended.
SUBDIVISION PLAT. A map of a subdivision and accompanying notations. This term includes sketch plats, preliminary plats, final plats and record plats.
SURVEYOR. A person licensed to practice land surveying in the state.
TRACT. One or more abutting or adjacent lots proposed to be subdivided or developed following an overall coordinated plan.
WATERCOURSE. Any natural or artificial waterway, stream, river, creek, ditch, channel, millrace, canal, conduit, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel and bed and shall include any area adjacent thereto subject to inundation by reason of overflow of floodwaters.
WATER, CENTRAL SYSTEM OR SERVICE. Service by a water system which transmit water from a common source to 2 or more dwellings, principal uses or lots.
(1) PUBLIC WATER SERVICE. Central water service that is owned and/or operated by a sanitary district, local government or a state regulated water company.
(2) COUNTY-APPROVED CENTRAL WATER SERVICE. Central water service meeting the requirements of § 159.116.
WATER, ON-LOT SYSTEM OR SERVICE. Service by a water system which transmits water from a source on the lot to only 1 dwelling or principal use.
ZONING ORDINANCE. The Deep Creek Watershed Zoning Ordinance.
(Ord. —, passed 6-24-1997; Am. Ord. —, passed 7-13-1999; Am. Res. 2010-5, passed 5-25-2010; Am. Res. 2012-14, passed 8-7-2012; Am. Res. 2014-1, passed 2-18-2014)