ACCESS STREET — A street for the sole purpose of providing frontage for service and access to private or public lots. These streets carry only traffic having either destination or origin on the street itself and shall not serve more than 20 dwelling units. [Added 5-10-1999 by Ord. No. 1999-3]

ALLEY — A way which affords generally a secondary means of vehicular access to abutting properties and not intended for
general traffic circulation.

COLLECTOR STREET, MINOR — A street which provides access to abutting properties, conducts traffic from access streets and which does not serve an adjoining development or more than 150 dwelling units. [Added 5-10-1999 by Ord. No.1999-3]

COLLECTOR STREET, MAJOR — A street which, in addition to providing access to properties abutting thereon, is intended to collect traffic from or distribute it to a series of minor streets within a neighborhood or subneighborhood, and which serves  more than 150 dwelling units. [Amended 5-10-1999 by Ord. No. 1999-3]

CROSSWALKWAY — A passageway for pedestrians, excluding motor vehicles, which cuts through a block.

EASEMENT — A strip of land on which a limited right-of-way is provided for one or more designated purposes, without including title to the land.

LOT, DOUBLE-FRONTAGE — A lot extending through the block from one street to another.

MAJOR STREET PLAN — The official plan of major streets, highways, roads and other ways adopted by the Town Planning and Zoning Commission and the Mayor and Council in accordance with Article 66B of the Annotated Code of Maryland.

MASTER PLAN — The officially adopted Master Plan for the physical development of the community or any part of such plan.1

PLANNING COMMISSION — The Town Planning and Zoning Commission.

SUBDIVIDE — The act of creating a subdivision as herein defined.

SUBDIVISION — The division of any tract or parcel of land into two or more plots, parcels, lots or sites for the purpose, whether immediate or future, of transfer of ownership or of building development, any one of which resulting lots, plots, parcels or sites is less than five acres in area or 400 feet in frontage, except that in cases of the sale of one parcel creating a division of an existing parcel, the Planning Commission is authorized to waive the provisions of these regulations in its discretion. [Amended 11-20-1978 by Ord. No. 78-5]

§ 94-3. Preparation and recording of plat required.

From and after the adoption of this chapter, any owner or proprietor of any tract of land located in the territory to which this chapter may apply who subdivides the same shall cause a plat of such subdivision to be made in accordance with the regulations set forth herein and in Title 3 of Article 66B of the Annotated Code of Maryland and, after having secured the approval thereof by the Planning Commission as provided herein, shall cause a copy of said plat to be recorded in the office of the County Recorder.

§ 94-4. Approval of plat required; applicability of Worcester County Forest Conservation Law. [Amended 4-29-1996 by Ord. No. 1996-5]

A. No plat of any subdivision shall be recorded until it shall have been submitted to and approved by the Planning
Commission as provided herein. The Planning Commission shall not approve said plat unless it is satisfied that the requirements of this chapter have been complied with.

B. The Worcester County Forest Conservation Law shall apply to all subdivisions under this chapter of more than
40,000 square feet, except those excepted activities as set forth in the Code of Public Local Laws of Worcester County, Maryland, in the Natural Resources Article, § 1-403(b).

§ 94-5. Transfer of land; issuance of building permits.

No land in a subdivision created after the adoption of this chapter shall be transferred, sold or offered for sale, nor shall a
building permit be issued for a structure thereon, until a final plat of such subdivision shall have been recorded in accordance with this chapter and the provisions of the State Code.

§ 94-6. Violations and penalties.

Any person who violates this chapter shall be subject to the penalties prescribed in the State Code.

§ 94-7. Subdivision procedures.

In planning and developing a subdivision, the subdivider or his agent shall comply with the general principles of design and
minimum requirements for the layout of subdivisions set forth in Appendix I2 and with the rules and regulations concerning required improvements set forth in Appendix II3 of this chapter, and in every case he shall observe the following procedure:

A. Preliminary conference. Before undertaking the preparation of a subdivision plat, the subdivider or his engineer should consult with the Planning Commission or its agent to ascertain the location of proposed major roads or highways, parkways, parks, playgrounds, land use and other planned developments, as well as the zoning, sanitation and other regulations, and the requirements for drainage and utilities, relating to, affecting or applying to the subdivision of his property. He should bring with him a sketch of his property, to approximate scale, showing the boundaries, general topography, important physical features and other significant information, as well as his conception or proposed scheme for the development of the property. The Planning Commission or its agent will try to assist the subdivider by furnishing information and advice so as to expedite matters for the subdivider, save him from unnecessary expense and promote the best coordination between the plans of the subdivider and those of the community. The Planning Commission, however, will not undertake to design the subdivision or to perform other services for which a qualified land planner should more properly be engaged.

B. Preliminary plat.

(1) The subdivider shall then prepare a preliminary plat of the proposed subdivision conforming to the requirements set forth in § 94-8 following. At least two weeks prior to a regularly scheduled meeting of the Planning Commission at which action on such plat is desired, three black-line or similar prints of the plat shall be filed with the Secretary of the Planning Commission, together with an application, in writing, for its tentative approval. In case the proposed subdivision or any part thereof is located outside the corporate limits but within one mile thereof, additional copies of the preliminary plat sufficient to meet the requirements, if any, of Worcester County shall be filed at the same time. The Secretary of the Planning Commission shall transmit these copies to the county authorities for their information and appropriate action.

(2) The preliminary plat will be checked by the Planning Commission or its agent as to its conformity with the Major Street Plan and other pertinent features of the Master Plan, other applicable provisions and the principles, standards and requirements hereinafter set forth. Copies will be referred for their recommendations or other appropriate actions to all other officials concerned with public improvements or health requirements. At the Planning Commission meeting, the Planning Commission’s agent shall submit his findings and recommendations together with those of the other officials to whom copies were referred, and the Planning Commission will tentatively approve or disapprove the preliminary plat or may approve it subject to specific changes or modifications. A copy shall be retained in the Planning Commission files. Tentative approval of a preliminary plat shall be valid for not more than one year unless extended by the Planning Commission upon request. No plat shall be approved that is in conflict with the zoning regulations or with any part of an officially adopted feature of the Master Plan.

C. Improvement plans.

(1) Upon tentative approval of the preliminary plat, the subdivider may prepare and submit to the Planning Commission plans for the installation of improvements in accordance with the requirements of § 94-9 of this chapter. Such plans shall be sufficient to show the proposed location, size, type, grade, elevation and other significant characteristics of each improvement. All such improvements shall be designed in compliance with and to the standards, plans and specifications set forth in this chapter.Copies of such improvement plans will be referred by the Planning Commission to the appropriate officials for checking and approval, subject to such changes or conditions as in their judgment may be required. Said plans shall then be returned to the Planning Commission which shall notify the subdivider of such approval. Plans for the installation of improvements need not be prepared at any one time to cover more than the portion of the subdivision which is to be included in a final plat.

(2) Upon being notified that the improvement plans have been approved, the subdivider may proceed with the installation of such improvements after obtaining from the appropriate officials the necessary permits to do so; or, in lieu of this, he may post with the Mayor and Council a performance bond running to the Town in an amount sufficient to cover the cost of any or all of the improvements as estimated by the appropriate officials, to ensure the actual construction and installation of such improvements within a time limit and according to other requirements to be specified in each case by said Mayor and Council.

D. Final plat.

(1) If the subdivider proceeds with the installation of required improvements, then, upon receipt of a report from each of the appropriate officials that such improvements have been completed to his satisfaction, the Planning Commission will recommend to the Mayor and Council that they accept the roads and other improvements, and the Planning Commission will consider an application for approval of the final plat; or, if the subdivider follows the alternative procedure of posting bond, as provided above, and installing the improvements later, then the Planning Commission will receive and consider the final plat before completion of the improvements.

(2) A final plat may include all of the property covered by the preliminary plat or may be limited to any portion thereof that is intended to be developed as a first unit. Additional final plats may be submitted later, covering additional units of the property, provided that the preliminary plat is still valid or its approval has been extended. Every final plat shall be substantially in accordance with the tentatively approved preliminary plat, including such changes or additions as may have been required by the Commission as a condition to its tentative approval, and it shall conform in every respect to the requirements specified in § 94-10 of this chapter.

(3) The subdivider shall file with the Planning Commission, at least two weeks prior to its meeting, a final plat drawn with ink on tracing cloth or vellum, together with an application in writing for the approval thereof. The plat shall be checked by the Commission for compliance with this chapter and with the conditions of tentative approval, the necessary copies of said plat shall be made as required in Subsection E.

E. Approval of final plat.

(1) Upon finding by the Planning Commission as to the adequacy and compliance of the final plat, and its receipt of reports from the responsible officials as to the satisfactory installation of required improvements or the posting of bond therefor, then the Planning Commission may approve said final plat and shall endorse the fact of such approval on each of the several prints by the signature of its Chairman and the Zoning Official of the Town of Berlin in the spaces to be provided therefor. No final plat shall be approved, however, unless it is found by the Commission to conform to the preliminary plat as tentatively approved and to be in conformity otherwise with the requirements of this chapter. The Zoning Official or subdivider of property shall then file the number of plats as required for record with the Clerk of the Circuit Court of Worcester County and shall distribute other prints as follows: one to the Supervisor of Assessments, one to the County Health Department, if required, and one for the Planning Commission files. One signed copy shall be returned to the subdivider. [Amended 5-10-1999 by Ord. No. 1999-3]

(2) Approval of the final plat by the Planning Commission shall not be deemed to constitute or effect an acceptance by the public of the dedication of any street or other proposed public way or space shown on said plat, but the showing of such ways or spaces shall be deemed to be an offer of dedication which may be accepted by the public through any subsequent appropriate act.

F. Fees. At the time of filing each preliminary plat, an applicant shall pay a fee to the Town of Berlin in accordance with a fee schedule adopted by resolution of the Mayor and Council or as such schedule may be amended from time to time.4 [Amended 4-8-1991 by Ord. No. 91-1]

§ 94-8. Preliminary plat requirements.

The preliminary plat of the proposed subdivision shall comply with the following requirements and contain the following information:

A. General style and form.

(1) It shall provide all the pertinent information as to existing site conditions, property ownership and the like that may be necessary for the Planning Commission to properly consider the proposed subdivision. This information shall be accurate and reliable.

(2) It shall show the general plan of ultimate development for the property, covering the entire tract of land or so much of it as may be considered to be necessary for an adequate consideration of the part to be subdivided. This information should be in preliminary form, drawn to scale but not engineered or surveyed.

(3) It may be drawn in pencil, on tracing paper, but shall not be at a scale smaller than one inch per 100 feet.

(4) It shall include a small-scale map showing the location of the property in the community and its relation to other subdivisions, roads, streams, etc.

B. Title information:

(1) Proposed subdivision name, which shall not duplicate nor closely approximate the name of any other subdivision in Worcester County.

(2) Names and addresses of the owner, subdivider or developer and the designer, surveyor or engineer.

(3) Description of subdivision location by streets, tract, political subdivision, etc.

(4) Scale, North point and date.

C. Information as to existing physical conditions:

(1) Boundaries of the land being subdivided, in heavy outline, and the acreage therein.

(2) Topographic contours, referenced to United States Geological Survey data, at five-foot intervals except where the average slope is less than 3%, in which case two-foot contours will be required. Contours shall extend 100 feet beyond the subdivision boundary except across a public road.

(3) Watercourses, important trees, wooded areas, buildings, transmission lines, pipelines, other utilities, bridges and any other significant physical items, with the sizes and grades of any water- or sewer lines.

(4) Locations, widths and names of all existing streets, alleys or other public ways within or adjoining the subdivision or intersecting any street that bounds it; those recorded but unimproved (shown by dotted lines); railroad, utility or other rights-of-way or easements; parks and other public spaces; subdivisions, lots and property lines; municipal corporation lines; and the approximate locations and outlines of permanent buildings.

(5) Existing zoning of the tract and adjacent properties.

(6) Information as to the minimum permissible lot sizes on the land in question, to be obtained from the County Health Officer where sanitary sewers or public water facilities are not to be provided.

(7) All existing tract lines with appropriate land record references.

D. Information as to proposed development:

(1) Layout, widths and names of proposed streets, alleys, crosswalks and easements.

(2) Layout, numbering and appropriate dimensions of proposed lots or parcels.

(3) Parcels of land intended to be conveyed or temporarily reserved for public use or for the joint use of property owners, with an explanation of the provisions or conditions of such conveyance or reservation and the proposed arrangement for ownership and maintenance.

(4) Tentative grade on each street.

(5) Tentative locations for utilities and drainage facilities, with easements where necessary.

(6) Proposed building lines along all streets, with the amount of setback indicated.

(7) Proposed uses of property and any proposed zoning changes.

(8) Outline of proposed deed restrictions.

(9) General description of street and other public improvements proposed to be installed. (See § 94-9.  Detailed plans for these are to be prepared after tentative approval of the preliminary plat).

§ 94-9. Improvements.

A. Improvements required. The minimum improvements that a subdivider will be required to provide and install in a subdivision, or to enter into agreement to provide and install, prior to the approval of the final plat thereof shall be as prescribed in the following. All such improvements shall conform to the standards, specifications and other requirements adopted by the Town or by such other governmental agency as may have jurisdiction over each facility, as stipulated below, which rules and regulations are hereby made a part hereof. Nothing, however, shall be construed as prohibiting a subdivider from installing improvements of a higher type than the minimums required herein.

(1) The required improvements shall be completed, inspected and accepted by the proper authorities prior to approval by the Planning Commission of the final plat and its recording.

(2) In lieu of completing the improvements as required in Subsection A(1) above, the subdivider may furnish to the Mayor and Council a satisfactory bond or letter of credit in an amount sufficient to cover 150% of the estimated cost of such improvements, for the purpose of guaranteeing to the Town that the subdivider will complete the installation of the improvements within such reasonable time limit as may be designated by the Mayor and Council in each case. [Amended 2-10-1992 by Ord. No. 1992-2]

B. Minimum requirements.

(1) Streets. All new streets shall be graded and drained, base material applied, curb and gutter constructed where required, surfacing applied, utilities installed and street name signs erected, all in accordance with the minimum standards of design and construction adopted by the town or county for acceptance into the appropriate system of public streets or roads. Existing roads and streets within or adjoining the subdivision that do not meet these specifications as to width or construction shall be widened and brought up to standard on the sides which adjoin the subdivision, if any lots in the subdivision front thereon; or a service road may be provided along the front of such lots, separated from the main road.

(2) Pavement widths. The minimum widths of pavement required to be installed at the subdivider’s expense shall be as follows: [Amended 5-10-1999 by Ord. No. 1999-3]

(a) Major collector streets and highways, as shown on the Official Major Street Plan: 36 feet in residential areas; 40 feet in business or industrial areas.

(b) Minor collector streets: 24 feet in residential areas; 40 feet in business or industrial areas.

(c) Access streets: 20 feet, with parking permitted on one side only.

(d) Turning circles: minimum outside diameter in residential areas of 70 feet; and 80 feet in business areas.

(e) Alleys: 12 feet, having no parking on either side.

(3) Shoulders. Stabilized shoulders at least three feet in width shall be provided on both sides of the pavement, except for one side in the case of service roads and except where standard curbs are installed.

(4) Curbs and gutters. These shall be provided in residential subdivisions where the average lot width is less than 100 feet and in front of all business lots. The face of the curb shall be located on the line of
the outside edge of the required pavement.

(5) Drains. In the absence of curb and gutter, a stabilized drainageway shall be provided outside the shoulder, conforming to the standards of cross section and construction adopted by the Town.

(6) Water facilities. Every subdivision shall be provided with a standard water distribution system, including a connection for each lot and appropriately spaced fire hydrants, which system shall conform to the general water system plan and standards of the municipality and shall become a part thereof; provided, however, that in locations within the municipality that cannot be reached by the municipal water system at a reasonable cost, the Mayor and Council may approve the installation of a self-contained system acceptable to the appropriate health authorities on condition that it shall be designed in accordance with town standards and shall be connected to the municipal system as soon as practicable. Every such installation shall be given to and operated by the Town as though it were a part of the general system.

(7) Sewer facilities. Every subdivision shall be provided with a sanitary sewer system connected to the municipal system and becoming a part thereof. Every such installation shall be designed in accordance with the general sewer system plan and standards of the municipality.

(8) Drainage. Every subdivision shall be provided with storm drains, culverts, curbs and gutters, drainageways or other works adequate to collect and dispose of all water originating on or flowing across the property without inundating or damaging roads, lots or other properties.

(9) Street signs. Name signs of an approved design shall be erected at each new street intersection.

(10) Monuments. Permanent monuments shall be set by the surveyor, as required for markers in § 3-108 of the Real Property Article of the Annotated Code of Maryland. Iron pipes shall be set along the property lines of all streets at points of intersection, curvature or tangency and at such points along the subdivision boundaries as may be necessary to identify their locations. All monuments shall be located and identified upon the final plat. [Amended 11-20-1978 by Ord. No. 78-51]

(11) Streetlighting. Every subdivision shall be provided, by the developer, with streetlighting connected to the municipal electrical distribution system and shall become a part thereof. Every such installation shall be designated in accordance with the general electric system plan and standards of the municipality. [Added 4-29-1996 by Ord. No. 1996-45 ]

C. Improvement plans. Plans for the foregoing improvements shall be prepared for approval by the appropriate public authorities, as provided in § 94-7, prior to construction. Such plans need not be detailed construction plans but shall be sufficient to show the proposed locations, sizes, types, grades and general design features of each facility, including the following:

(1) Profile of each street center line, with grades (including projections beyond the subdivision boundaries where significant), and showing waterand sewer lines, manholes, culverts, streams, etc., at a scale of one inch to 100 feet or less horizontal and one inch to 10 feet or less vertical.

(2) Typical street cross sections for all streets, at a scale not smaller than one inch to five feet, showing width of roadway, type of paving, locations and widths of curbs, sidewalks, trees, utilities, etc. Where considerable cuts or fills are required, special cross sections shall be prepared to show proposed grading, and their locations shall be shown on the plan. A grading plan showing existing and proposed contours may be furnished in lieu of cross sections.

(3) Location plans and profiles for proposed sanitary and storm sewers or drains, with grades and pipe sizes indicated.

(4) Location plan of proposed water distribution system showing pipe sizes and locations for valves and fire hydrants.

D. Inspection and acceptance. All construction work on improvements required herein shall be subject to inspection during and upon completion of construction by authorized engineering representatives of the Town or other agency having jurisdiction, and to approval and acceptance by such representatives on behalf of the Town or other agency, if found to be in accordance with the approved plans. No final plat shall be approved or recorded until all required improvements shall have been satisfactorily completed and accepted in compliance herewith, or satisfactory bond posted; and no such bond shall be released until all improvements secured by such bond shall have been completed and accepted in compliance herewith.

§ 94-10. Final plat requirements.

The final plat of the subdivision shall comply with the following requirements and contain the following information:

A. General style and form. [Amended 7-15-1974; 11-20-1978 by Ord. No. 78-5]

(1) It shall be legibly and accurately drawn on tracing cloth, in sheets not more than 18 inches by 24 inches in size, and at a scale of one inch to 50 feet or one inch to 100 feet, depending upon the size and nature of the subdivision.

(2) It shall conform in all respects to the requirements of § 3-108 of the Real Property Article of the Annotated Code of Maryland which relates to the making, filing and recording of plats. (See Appendix).

B. Title information:

(1) Subdivision name.

(2) Location by town or election district, county and state.

(3) Names and addresses of the owners of record, the subdivider and the engineer or surveyor.

(4) Scale, date and North point.

(5) A marginal location map.

C. Graphic information:

(1) Exact boundaries of the area included within the subdivision, with dimensions to hundredths of a foot and bearings to half minutes. These boundaries shall be determined by an accurate survey in the field, which shall be balanced and closed with an error of closure of not to exceed one in 10,000.

(2) Bearings and distances to the nearest recorded property corners or other monuments which shall be located or accurately described on the plat.

(3) Accurate locations and descriptions of all permanent monuments.

(4) Names and locations of adjoining subdivisions or the locations and ownerships of adjoining unsubdivided property; existing tract lines with appropriate land record references.

(5) Exact location, width and name of each existing or recorded road or street adjoining or intersecting the boundaries of the tract.

(6) Exact location and width of every road, street, alley, easement or other public or private way within the tract with the length and bearing of every tangent, lengths of area, radii, internal angles, points of curvature and any other necessary engineering data and with the names of such ways and the purposes of easements or other ways.

(7) Accurate location of every lot line with its dimension to hundredths of a foot and bearing to minutes, except that this data need not be repeated on a series of parallel lines or lines of the same length.

(8) Building setback lines drawn to scale and dimensioned to street lines.

(9) Blocks lettered in alphabetical order and lots numbered in numerical order within each block.

(10) Accurate outlines of any areas dedicated or reserved for public use, or for any other purpose except sale, with the purpose indicated.

(11) Accurate location of any municipal or district line traversing or closely related to the tract.

(12) Existing and relocated courses of any watercourses traversing the tract, with the right-of-way or easement lines provided therefor.

D. Certificates and other information:

(1) Owner’s certificate, signed and notarized, acknowledging ownership of the property and agreeing to the subdividing thereof as shown on the plat and also offering for dedication all streets and other ways and places intended for public use.

(2) Certificate of the engineer or surveyor to the effect that the plat represents a survey made by him, that it is accurate to the best of his knowledge, that all monuments indicated thereon actually exist and  their locations and descriptions are correctly shown and that all requirements of this chapter and of other applicable laws have been fully complied with.

(3) A brief summary of the deed restrictions applying to the plat, among which shall be included the following:

(a) That not more than one principal building shall be permitted on any residential lot, and no such lot may ever be resubdivided so as to produce a building site of less area or width than the minimum required by the applicable zoning regulations.

(4) Certificate of approval by the Town Planning and Zoning Commission.

§ 94-11. Modifications and exceptions.

A. The general principles and standards of subdivision design stipulated in Appendix 16 may be varied by the Planning Commission in the case of a subdivision large enough to constitute a more or less self-contained community to be developed in accordance with a comprehensive plan safeguarded by appropriate restrictions, which in the judgment of the Planning Commission makes adequate provision for all essential community requirements, or in the case of unusual physical conditions; provided, however, that no modification shall be granted which would conflict with the proposals of the Major Street Plan or of any other part of the Master Plan or with the intent and purpose of this chapter.

B. In the case of a small subdivision of minor importance situated where the controlling conditions are well defined, the Planning Commission may exempt the subdivider from complying with some of the requirements stipulated in § 94-8 pertaining to the preparation of a preliminary plat and may further exempt the subdivider from complying with the provisions of this chapter in such manner as said Planning Commission, in its discretion, may deem advisory. [Amended 11-20-1978 by Ord. No. 78-51]

§ 94-12. Appendix I: Principles and Standards of Subdivision Design.

In laying out a subdivision, the subdivider shall comply with the following general principles and requirements:

A. General.

(1) The subdivision layout shall conform to the official Major Street Plan and any other parts of the Master Plan, as well as the zoning regulations of the municipality.

(2) Whenever a tract to be subdivided adjoins or embraces any part of a major street, highway or other public way designated on said Major Street Plan as part of the major street system, such part of the public way shall be platted and dedicated by the subdivider in the location and at the width indicated on the plan, except that a dedication in excess of 100 feet in width will not be required.

(3) Where held appropriate by the Planning Commission, open spaces constituting a reasonable proportion of the gross acreage of the subdivision, suitably located and of adequate size for parks, playgrounds or other recreational purposes for local or neighborhood use, shall be provided for in the proposed subdivision and, if not dedicated to the public, shall be reserved for the common use of all property owners in the proposed subdivision by covenant in the deeds.

(4) The subdivision of land subject to periodic inundation will not be approved. A plat of a proposed subdivision located in an area having poor drainage or otherwise adverse physical conditions may be approved, provided that the subdivider agrees to make such improvements as will, in the judgment of the Planning Commission, render the subdivision substantially safe and otherwise acceptable for its proposed use and furnishes a performance bond sufficient to cover the cost of such improvements as estimated by the officials having jurisdiction.

B. Street layout.

(1) The street layout of the subdivision shall be in general conformity with a plan for the most advantageous development of adjoining areas and the entire neighborhood.

(2) Where appropriate to design, proposed streets shall be continuous and in alignment with existing, planned or platted streets with which they are to connect.

(3) Proposed streets shall be extended to the boundary lines of the tract to be subdivided unless prevented by topography or other physical condition or unless, in the opinion of the Planning Commission, such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracts. Temporary turnarounds will be required at the ends of such streets by means of easements or otherwise.

(4) Dead-end streets of reasonable length (normally not over 600 feet) will be approved where necessitated by topography or where, in the judgment of the Planning Commission, they are appropriate for the type of development contemplated. A turnaround shall be provided at the end of such a street.

(5) Wherever there exists, adjacent to the tract to be subdivided, a dedicated or platted and recorded halfwidth street or alley, the other half-width shall be platted.

(6) The street layout shall conform substantially to existing topography, minimizing street grades and providing for good drainage, good building sites and ready access to lots, without excessive cuts or fills. Trees shall be preserved to the maximum extent possible.

(7) Streets shall intersect one another at as nearly right angles as topography and other limiting factors of good design will permit.

(8) Minor residential streets shall be arranged so as to discourage their use by through traffic.

(9) Land abutting highways.

(a) Land abutting highways shall be platted with the view of making the lots, if for residential use, desirable for such use by cushioning the impact of heavy traffic upon them and also of minimizing interference with traffic on such highways as well as accident hazards. One or more of the following ways may be used to accomplish this:

[1] By platting the lots extra deep, and providing vehicular access to them by alleys or service drives in the rear, or by service drives in front separated from the highway by a parkway and connecting therewith at infrequent intervals.

[2] By backing the lots upon the highway so that they front on and have access from a parallel minor street 1/2 block away. Vehicular access to the lots from the highway should be prohibited by a parkway easement along the rear of the lots, covered by deed restrictions.

[3] By arranging the lots around a series of loop streets or dead-end streets stemming from a collector street generally parallel to and some 600 to 1,000 feet distant from the highway, the ends of such loops or dead ends being one lot depth away from the highway. Parkway easements and deed restrictions as in Subsection B(9)(a)[2] above should be provided along the rear of such lots adjoining the highway.

(b) The choice between the foregoing or other methods for accomplishing the desired purpose in a specific case must necessarily be made in consideration of topography and other physical conditions, the character of existing and contemplated developments and other pertinent factors.

(10) Private streets will not be approved nor will public improvements be approved of in any private streets.

(11) Street names shall be subject to approval by the Planning Commission. Names shall not duplicate or closely approximate existing street names in or near the municipality except for extensions of existing streets.

(12) Streets shall be spaced to allow for blocks meeting the dimensional requirements specified herein. The number of intersections along highways and other major streets shall be held to a minimum, normally spaced not less than 1,200 feet apart.

(13) Alleys shall be platted in all commercial and industrial areas if no other provisions are made for
adequate access to parking and loading spaces. Alleys may be platted in the rear of residential lots and lots located on highways and major collector streets in order to provide safe access. [Amended 5-10-1999 by Ord. No. 1999-3]

(14) Minimum widths for the right-of-way of streets, alleys and easements shall be as follows (extra widths may be required where necessary): [Amended 5-10-1999 by Ord. No. 1999-3]

(a) Highways and major collector streets: as designated by the Major Street Plan, but not less than 80 feet for primary major streets and no less than 60 feet for a major collector street in a residential area.

(b) Minor collector and access streets: 50 feet in residential areas; 66 feet in commercial or industrial streets.

(c) Alleys: 20 feet.

(d) Turnarounds: a circle 100 feet in diameter.

(e) Crosswalks: 10 feet.

(f) Easements: 10 feet.

(15) Street grades, curves and sight distances shall be as follows:

(a) Grades shall not be less than 1/2 of 1% and shall not exceed 6%.

(b) All changes in street grades of more than 1% shall be connected by vertical curves of a minimum length of 50 feet or equal to 15 times the algebraic difference in the change in grade, whichever is larger.

(c) The radii of curves on the center line shall not be less than the following:

[1] Highways and other major streets: 400 feet.

[2] Collector streets: 300 feet.

[3] Minor streets and service drives: 100 feet.

(d) Between reversed curves either of which has a radius less than 200 feet, there shall be a tangent at least 100 feet long, if possible.

(e) At street intersections, each property corner shall be rounded off by an arc, the minimum radius of which shall be 20 feet, except that in a business district a chord may be substituted for such arc. At alley intersections (within the block), a chord shall be used cutting off the corner at least 10 feet back from the point of intersection in each direction. Where the smallest angle of intersection is less than 60°, the foregoing radii and chords shall be increased.

(f) Curbs at street intersections shall be rounded off concentrically with the property line.

C. Blocks and lots.

(1) Residential blocks normally shall have sufficient width to provide for two tiers of lots of appropriate depth. Length requirements are as follows:

(a) Maximum length: 1,800 feet.

(b) Minimum length: 500 feet.

(2) In a long block, a crosswalkway may be required to improve access to a school, church, playground or other pedestrian objective.

(3) Business and industrial blocks may be specially designed to serve their particular purposes, which designs shall be subject to approval by the Planning Commission. Business blocks shall not exceed 300 feet in length unless provided with interior public driveways for access and circulation.

(4) Lots shall be of such size, shape and orientation as will be appropriate for the location and the type of development contemplated. Normally, a proportion of about 2 1/2 to one in depth and width will be considered appropriate. Excessive depths in relation to width shall be avoided.

(5) Residential lots shall comply with at least the minimum size and area requirements of the zoning district in which located.

(6) Corner lots shall have extra widths to provide for extra side yards on the street sides of such lots in accordance with good design practice and sufficient in any case to meet the side yard requirements for such lots in any applicable zoning ordinance.

(7) Residential lots fronting or abutting on highways and major streets should have extra depths and extra deep building lines or should have service drives.

(8) Every lot shall abut on a public street. Through lots (extending through the block) and reversed-frontage lots (fronting on a side street) shall be avoided.

(9) Side lot lines shall be approximately at right angles to or radial to the right-of-way line of the street.

(10) Building lines shall be shown on the plat, along each street, at least as required in each case by the applicable zoning regulations. The locations of these lines shall be clearly indicated by dimensions.

(11) All lot measurements shall be net measurements, not including any part of any street, alley or crosswalkway. Easements, however, shall be regarded as within the lot.

§ 94-13. Appendix II: Standards and Specifications for Improvements.

A. All specifications and improvements shall comply with the Town of Berlin, Maryland, Design Parameters, Standard Specifications and Details for Installation of Water and Sewer Utilities and Roadway Construction Projects. [Added 5-10-1999 by Ord. No. 1999-3]

§ 94-14. Appendix III: Extracts From State Code. (Reserved)

1. Editor’s Note: The definition of "minor street," which immediately followed this definition, was repealed 5-10-1999 by Ord. No. 1999-3.

2. Editor’s Note: See § 94-12.

3. Editor’s Note: See § 94-13.

4. Editor’s Note: The fee schedule is on file in the Town offices.

5. Editor’s Note: This ordinance also provided that nothing in said ordinance shall be construed to affect any subdivision which has received preliminary plat or final plat approval on or before 4-29-1996.

6. Editor’s Note: See § 94-12.